42 U.S.C. § 653 — Federal Parent Locator Service

Page 2283 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 653 Pub. L. 96–265, title IV, § 405(e), June 9, 1980, 94 Stat. 465, provided that: ‘‘The amendments made by this sec- tion [amending this section and sections 654 and 655 of this title] shall take effect on July 1, 1981, and shall be effective only with respect to expenditures, referred to in section 455(a)(3) of the Social Security Act [42 U.S.C. 655(a)(3)] (as amended by this Act), made on or after such date.’’ EFFECTIVE DATE OF 1977 AMENDMENT Pub. L. 95–30, title V, § 504(b), May 23, 1977, 91 Stat. 164, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall be effective in the case of reports, submitted by the Secretary of Health, Education, and Welfare [now Health and Human Services] after 1976.’’ REGULATIONS Pub. L. 113–183, title III, § 304(b), Sept. 29, 2014, 128 Stat. 1947, provided that: ‘‘The Secretary of Health and Human Services shall issue a proposed rule within 24 months after the date of the enactment of this section [Sept. 29, 2014]. The rule shall identify federally re- quired data exchanges, include specification and timing of exchanges to be standardized, and address the factors used in determining whether and when to standardize data exchanges. It should also specify State implemen- tation options and describe future milestones.’’ Pub. L. 100–485, title I, § 122(b), Oct. 13, 1988, 102 Stat. 2351, provided that: ‘‘Not later than 180 days after the date of the enactment of this Act [Oct. 13, 1988], the Secretary of Health and Human Services shall issue a notice of proposed rulemaking with respect to the standards required by the amendment made by sub- section (a) [amending this section], and, after allowing not less than 60 days for public comment, shall issue final regulations not later than the first day of the 10th month to begin after such date of enactment.’’ IMPLEMENTATION OF PERFORMANCE STANDARDS FOR STATE PATERNITY ESTABLISHMENT PROGRAMS Pub. L. 100–485, title I, § 111(f)(3), Oct. 13, 1988, 102 Stat. 2350, provided that: ‘‘The Secretary of Health and Human Services shall collect the data necessary to im- plement the requirements of section 452(g) of the Social Security Act [42 U.S.C. 652(g)] (as added by subsection (a) of this section) and may, in carrying out the re- quirement of determining a State’s paternity establish- ment percentage for the fiscal year 1988, compute such percentage on the basis of data collected with respect to the last quarter of such fiscal year (or, if such data are not available, the first quarter of the fiscal year 1989) if the Secretary determines that data for the full year are not available.’’ REQUESTS FOR CHILD SUPPORT ASSISTANCE; ADVISORY COMMITTEE; PROMULGATION OF REGULATIONS Pub. L. 100–485, title I, § 121(b), Oct. 13, 1988, 102 Stat. 2351, provided that: ‘‘(1) Not later than 60 days after the date of the enact- ment of this Act [Oct. 13, 1988], the Secretary of Health and Human Services shall establish an advisory com- mittee. The committee shall include representatives of organizations representing State governors, State wel- fare administrators, and State directors of programs under part D of title IV of the Social Security Act [42 U.S.C. 651 et seq.]. The Secretary shall consult with the advisory committee before issuing any regulations with respect to the standards required by the amend- ment made by subsection (a) [amending this section] (including regulations regarding what constitutes an adequate response on the part of a State to the request of an individual, State, or jurisdiction). ‘‘(2) Not later than 180 days after the date of the en- actment of this Act, the Secretary of Health and Human Services shall issue a notice of proposed rule- making with respect to the standards required by the amendment made by subsection (a), and, after allowing not less than 60 days for public comment, shall issue final regulations not later than the first day of the 10th month beginning after such date of enactment.’’ SUPPLEMENTAL REPORT TO BE SUBMITTED TO CONGRESS NOT LATER THAN JUNE 30, 1977 Pub. L. 95–30, title V, § 504(c), May 23, 1977, 91 Stat. 164, directed the Secretary of Health, Education, and Welfare to submit to Congress, not later than June 30, 1977, a special supplementary report with respect to ac- tivities undertaken pursuant to part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.). § 653. Federal Parent Locator Service (a) Establishment; purpose (1) The Secretary shall establish and conduct a Federal Parent Locator Service, under the di- rection of the designee of the Secretary referred to in section 652(a) of this title, which shall be used for the purposes specified in paragraphs (2) and (3). (2) For the purpose of establishing parentage or establishing, setting the amount of, modi- fying, or enforcing child support obligations, the Federal Parent Locator Service shall obtain and transmit to any authorized person specified in subsection (c)— (A) information on, or facilitating the dis- covery of, the location of any individual— (i) who is under an obligation to pay child support; (ii) against whom such an obligation is sought; (iii) to whom such an obligation is owed; or (iv) who has or may have parental rights with respect to a child, including the individual’s social security num- ber (or numbers), most recent address, and the name, address, and employer identification number of the individual’s employer; (B) information on the individual’s wages (or other income) from, and benefits of, employ- ment (including rights to or enrollment in group health care coverage); and (C) information on the type, status, loca- tion, and amount of any assets of, or debts owed by or to, any such individual. (3) For the purpose of enforcing any Federal or State law with respect to the unlawful taking or restraint of a child, or making or enforcing a child custody or visitation determination, as de- fined in section 663(d)(1) of this title, the Federal Parent Locator Service shall be used to obtain and transmit the information specified in sec- tion 663(c) of this title to the authorized persons specified in section 663(d)(2) of this title. (b) Disclosure of information to authorized per- sons (1) Upon request, filed in accordance with sub- section (d), of any authorized person, as defined in subsection (c) for the information described in subsection (a)(2), or of any authorized person, as defined in section 663(d)(2) of this title for the information described in section 663(c) of this title, the Secretary shall, notwithstanding any other provision of law, provide through the Fed- eral Parent Locator Service such information to such person, if such information— (A) is contained in any files or records main- tained by the Secretary or by the Department of Health and Human Services; or Page 2284 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 653 (B) is not contained in such files or records, but can be obtained by the Secretary, under the authority conferred by subsection (e), from any other department, agency, or instru- mentality of the United States or of any State, and is not prohibited from disclosure under paragraph (2). (2) No information shall be disclosed to any person if the disclosure of such information would contravene the national policy or secu- rity interests of the United States or the con- fidentiality of census data. The Secretary shall give priority to requests made by any authorized person described in subsection (c)(1). No infor- mation shall be disclosed to any person if the State has notified the Secretary that the State has reasonable evidence of domestic violence or child abuse and the disclosure of such informa- tion could be harmful to the custodial parent or the child of such parent, provided that— (A) in response to a request from an author- ized person (as defined in subsection (c) of this section and section 663(d)(2) of this title), the Secretary shall advise the authorized person that the Secretary has been notified that there is reasonable evidence of domestic vio- lence or child abuse and that information can only be disclosed to a court or an agent of a court pursuant to subparagraph (B); and (B) information may be disclosed to a court or an agent of a court described in subsection (c)(2) of this section or section 663(d)(2)(B) of this title, if— (i) upon receipt of information from the Secretary, the court determines whether dis- closure to any other person of that informa- tion could be harmful to the parent or the child; and (ii) if the court determines that disclosure of such information to any other person could be harmful, the court and its agents shall not make any such disclosure. (3) Information received or transmitted pur- suant to this section shall be subject to the safeguard provisions contained in section 654(26) of this title. (c) ‘‘Authorized person’’ defined As used in subsection (a), the term ‘‘author- ized person’’ means— (1) any agent or attorney of any State or In- dian tribe or tribal organization (as defined in subsections (e) and (l) of section 5304 of title 25), having in effect a plan approved under this part, who has the duty or authority under such plans to seek to recover any amounts owed as child and spousal support (including, when authorized under the State plan, any of- ficial of a political subdivision); (2) the court which has authority to issue an order or to serve as the initiating court in an action to seek an order against a noncustodial parent for the support and maintenance of a child, or any agent of such court; (3) the resident parent, legal guardian, attor- ney, or agent of a child (other than a child re- ceiving assistance under a State program funded under part A) (as determined by regula- tions prescribed by the Secretary) without re- gard to the existence of a court order against a noncustodial parent who has a duty to sup- port and maintain any such child; (4) a State agency that is administering a program operated under a State plan under subpart 1 of part B, or a State plan approved under subpart 2 of part B or under part E; and (5) an entity designated as a Central Author- ity for child support enforcement in a foreign reciprocating country or a foreign treaty country for purposes specified in section 659a(c)(2) of this title. (d) Form and manner of request for information A request for information under this section shall be filed in such manner and form as the Secretary shall by regulation prescribe and shall be accompanied or supported by such documents as the Secretary may determine to be necessary. (e) Compliance with request; search of files and records by head of any department, etc., of United States; transmittal of information to Secretary; reimbursement for cost of search; fees (1) Whenever the Secretary receives a request submitted under subsection (b) which he is rea- sonably satisfied meets the criteria established by subsections (a), (b), and (c), he shall promptly undertake to provide the information requested from the files and records maintained by any of the departments, agencies, or instrumentalities of the United States or of any State. (2) Notwithstanding any other provision of law, whenever the individual who is the head of any department, agency, or instrumentality of the United States receives a request from the Secretary for information authorized to be pro- vided by the Secretary under this section, such individual shall promptly cause a search to be made of the files and records maintained by such department, agency, or instrumentality with a view to determining whether the infor- mation requested is contained in any such files or records. If such search discloses the informa- tion requested, such individual shall imme- diately transmit such information to the Sec- retary, except that if any information is ob- tained the disclosure of which would contravene national policy or security interests of the United States or the confidentiality of census data, such information shall not be transmitted and such individual shall immediately notify the Secretary. If such search fails to disclose the information requested, such individual shall im- mediately so notify the Secretary. The costs in- curred by any such department, agency, or in- strumentality of the United States or of any State in providing such information to the Sec- retary shall be reimbursed by him in an amount which the Secretary determines to be reasonable payment for the information exchange (which amount shall not include payment for the costs of obtaining, compiling, or maintaining the in- formation). Whenever such services are fur- nished to an individual specified in subsection (c)(3), a fee shall be charged such individual. The fee so charged shall be used to reimburse the Secretary or his delegate for the expense of pro- viding such services. (3) The Secretary of Labor shall enter into an agreement with the Secretary to provide prompt Page 2285 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 653 access for the Secretary (in accordance with this subsection) to the wage and unemployment com- pensation claims information and data main- tained by or for the Department of Labor or State employment security agencies. (f) Arrangements and cooperation with State and tribal agencies The Secretary, in carrying out his duties and functions under this section, shall enter into ar- rangements with State and tribal agencies ad- ministering State and tribal plans approved under this part for such State and tribal agen- cies to accept from resident parents, legal guardians, or agents of a child described in sub- section (c)(3) and to transmit to the Secretary requests for information with regard to the whereabouts of noncustodial parents and other- wise to cooperate with the Secretary in carrying out the purposes of this section. (g) Reimbursement for reports by agencies The Secretary may reimburse Federal, State, and tribal agencies for the costs incurred by such entities in furnishing information re- quested by the Secretary under this section in an amount which the Secretary determines to be reasonable payment for the information ex- change (which amount shall not include pay- ment for the costs of obtaining, compiling, or maintaining the information). (h) Federal Case Registry of Child Support Or- ders (1) In general Not later than October 1, 1998, in order to as- sist States in administering programs under State plans approved under this part and pro- grams funded under part A, and for the other purposes specified in this section, the Sec- retary shall establish and maintain in the Federal Parent Locator Service an automated registry (which shall be known as the ‘‘Federal Case Registry of Child Support Orders’’), which shall contain abstracts of support or- ders and other information described in para- graph (2) with respect to each case and order in each State case registry maintained pursu- ant to section 654a(e) of this title, as furnished (and regularly updated), pursuant to section 654a(f) of this title, by State agencies admin- istering programs under this part. (2) Case and order information The information referred to in paragraph (1) with respect to a case or an order shall be such information as the Secretary may specify in regulations (including the names, social secu- rity numbers or other uniform identification numbers, and State case identification num- bers) to identify the individuals who owe or are owed support (or with respect to or on be- half of whom support obligations are sought to be established), and the State or States which have the case or order. Beginning not later than October 1, 1999, the information referred to in paragraph (1) shall include the names and social security numbers of the children of such individuals. (3) Administration of Federal tax laws The Secretary of the Treasury shall have ac- cess to the information described in paragraph (2) for the purpose of administering those sec- tions of the Internal Revenue Code of 1986 which grant tax benefits based on support or residence of children. (i) National Directory of New Hires (1) In general In order to assist States in administering programs under State plans approved under this part and programs funded under part A, and for the other purposes specified in this section, the Secretary shall, not later than Oc- tober 1, 1997, establish and maintain in the Federal Parent Locator Service an automated directory to be known as the National Direc- tory of New Hires, which shall contain the in- formation supplied pursuant to section 653a(g)(2) of this title. (2) Data entry and deletion requirements (A) In general Information provided pursuant to section 653a(g)(2) of this title shall be entered into the data base maintained by the National Directory of New Hires within two business days after receipt, and shall be deleted from the data base 24 months after the date of entry. (B) 12-month limit on access to wage and un- employment compensation information The Secretary shall not have access for child support enforcement purposes to infor- mation in the National Directory of New Hires that is provided pursuant to section 653a(g)(2)(B) of this title, if 12 months has elapsed since the date the information is so provided and there has not been a match re- sulting from the use of such information in any information comparison under this sub- section. (C) Retention of data for research purposes Notwithstanding subparagraphs (A) and (B), the Secretary may retain such samples of data entered in the National Directory of New Hires as the Secretary may find nec- essary to assist in carrying out subsection (j)(5). (3) Administration of Federal tax laws The Secretary of the Treasury shall have ac- cess to the information in the National Direc- tory of New Hires for purposes of admin- istering section 32 of the Internal Revenue Code of 1986, or the advance payment of the earned income tax credit under section 3507 of such Code, and verifying a claim with respect to employment in a tax return. (4) List of multistate employers The Secretary shall maintain within the Na- tional Directory of New Hires a list of multistate employers that report information regarding newly hired employees pursuant to section 653a(b)(1)(B) of this title, and the State which each such employer has designated to receive such information. Page 2286 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 653 (j) Information comparisons and other disclo- sures (1) Verification by Social Security Administra- tion (A) In general The Secretary shall transmit information on individuals and employers maintained under this section to the Social Security Ad- ministration to the extent necessary for verification in accordance with subpara- graph (B). (B) Verification by SSA The Social Security Administration shall verify the accuracy of, correct, or supply to the extent possible, and report to the Sec- retary, the following information supplied by the Secretary pursuant to subparagraph (A): (i) The name, social security number, and birth date of each such individual. (ii) The employer identification number of each such employer. (2) Information comparisons For the purpose of locating individuals in a paternity establishment case or a case involv- ing the establishment, modification, or en- forcement of a support order, the Secretary shall— (A) compare information in the National Directory of New Hires against information in the support case abstracts in the Federal Case Registry of Child Support Orders not less often than every 2 business days; and (B) within 2 business days after such a comparison reveals a match with respect to an individual, report the information to the State agency responsible for the case. (3) Information comparisons and disclosures of information in all registries for subchapter IV program purposes To the extent and with the frequency that the Secretary determines to be effective in as- sisting States to carry out their responsibil- ities under programs operated under this part, part B, or part E and programs funded under part A, the Secretary shall— (A) compare the information in each com- ponent of the Federal Parent Locator Serv- ice maintained under this section against the information in each other such compo- nent (other than the comparison required by paragraph (2)), and report instances in which such a comparison reveals a match with re- spect to an individual to State agencies op- erating such programs; and (B) disclose information in such compo- nents to such State agencies. (4) Provision of new hire information to the Social Security Administration The National Directory of New Hires shall provide the Commissioner of Social Security with all information in the National Direc- tory. (5) Research The Secretary may provide access to data in each component of the Federal Parent Locator Service maintained under this section and to information reported by employers pursuant to section 653a(b) of this title for research pur- poses found by the Secretary to be likely to contribute to achieving the purposes of part A or this part, but without personal identifiers. (6) Information comparisons and disclosure for enforcement of obligations on Higher Edu- cation Act loans and grants (A) Furnishing of information by the Sec- retary of Education The Secretary of Education shall furnish to the Secretary, on a quarterly basis or at such less frequent intervals as may be deter- mined by the Secretary of Education, infor- mation in the custody of the Secretary of Education for comparison with information in the National Directory of New Hires, in order to obtain the information in such di- rectory with respect to individuals who— (i) are borrowers of loans made under title IV of the Higher Education Act of 1965 [20 U.S.C. 1070 et seq.] that are in de- fault; or (ii) owe an obligation to refund an over- payment of a grant awarded under such title. (B) Requirement to seek minimum informa- tion necessary The Secretary of Education shall seek in- formation pursuant to this section only to the extent essential to improving collection of the debt described in subparagraph (A). (C) Duties of the Secretary (i) Information comparison; disclosure to the Secretary of Education The Secretary, in cooperation with the Secretary of Education, shall compare in- formation in the National Directory of New Hires with information in the custody of the Secretary of Education, and disclose information in that Directory to the Sec- retary of Education, in accordance with this paragraph, for the purposes specified in this paragraph. (ii) Condition on disclosure The Secretary shall make disclosures in accordance with clause (i) only to the ex- tent that the Secretary determines that such disclosures do not interfere with the effective operation of the program under this part. Support collection under section 666(b) of this title shall be given priority over collection of any defaulted student loan or grant overpayment against the same income. (D) Use of information by the Secretary of Education The Secretary of Education may use infor- mation resulting from a data match pursu- ant to this paragraph only— (i) for the purpose of collection of the debt described in subparagraph (A) owed by an individual whose annualized wage level (determined by taking into consider- ation information from the National Di- rectory of New Hires) exceeds $16,000; and (ii) after removal of personal identifiers, to conduct analyses of student loan de- faults. Page 2287 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 653 (E) Disclosure of information by the Sec- retary of Education (i) Disclosures permitted The Secretary of Education may disclose information resulting from a data match pursuant to this paragraph only to— (I) a guaranty agency holding a loan made under part B of title IV of the Higher Education Act of 1965 [20 U.S.C. 1071 et seq.] on which the individual is obligated; (II) a contractor or agent of the guar- anty agency described in subclause (I); (III) a contractor or agent of the Sec- retary; and (IV) the Attorney General. (ii) Purpose of disclosure The Secretary of Education may make a disclosure under clause (i) only for the purpose of collection of the debts owed on defaulted student loans, or overpayments of grants, made under title IV of the High- er Education Act of 1965 [20 U.S.C. 1070 et seq.]. (iii) Restriction on redisclosure An entity to which information is dis- closed under clause (i) may use or disclose such information only as needed for the purpose of collecting on defaulted student loans, or overpayments of grants, made under title IV of the Higher Education Act of 1965. (F) Reimbursement of HHS costs The Secretary of Education shall reim- burse the Secretary, in accordance with sub- section (k)(3), for the additional costs in- curred by the Secretary in furnishing the in- formation requested under this subpara- graph. (7) Information comparisons for housing assist- ance programs (A) Furnishing of information by HUD Subject to subparagraph (G), the Secretary of Housing and Urban Development shall furnish to the Secretary, on such periodic basis as determined by the Secretary of Housing and Urban Development in con- sultation with the Secretary, information in the custody of the Secretary of Housing and Urban Development for comparison with in- formation in the National Directory of New Hires, in order to obtain information in such Directory with respect to individuals who are participating in any program under— (i) the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.); (ii) section 1701q of title 12; (iii) section 1715l(d)(3), 1715l(d)(5), or 1715z–1 of title 12; (iv) section 8013 of this title; or (v) section 1701s of title 12. (B) Requirement to seek minimum informa- tion The Secretary of Housing and Urban De- velopment shall seek information pursuant to this section only to the extent necessary to verify the employment and income of in- dividuals described in subparagraph (A). (C) Duties of the Secretary (i) Information disclosure The Secretary, in cooperation with the Secretary of Housing and Urban Develop- ment, shall compare information in the National Directory of New Hires with in- formation provided by the Secretary of Housing and Urban Development with re- spect to individuals described in subpara- graph (A), and shall disclose information in such Directory regarding such individ- uals to the Secretary of Housing and Urban Development, in accordance with this paragraph, for the purposes specified in this paragraph. (ii) Condition on disclosure The Secretary shall make disclosures in accordance with clause (i) only to the ex- tent that the Secretary determines that such disclosures do not interfere with the effective operation of the program under this part. (D) Use of information by HUD The Secretary of Housing and Urban De- velopment may use information resulting from a data match pursuant to this para- graph only— (i) for the purpose of verifying the em- ployment and income of individuals de- scribed in subparagraph (A); and (ii) after removal of personal identifiers, to conduct analyses of the employment and income reporting of individuals de- scribed in subparagraph (A). (E) Disclosure of information by HUD (i) Purpose of disclosure The Secretary of Housing and Urban De- velopment may make a disclosure under this subparagraph only for the purpose of verifying the employment and income of individuals described in subparagraph (A). (ii) Disclosures permitted Subject to clause (iii), the Secretary of Housing and Urban Development may dis- close information resulting from a data match pursuant to this paragraph only to a public housing agency, the Inspector General of the Department of Housing and Urban Development, and the Attorney General in connection with the adminis- tration of a program described in subpara- graph (A). Information obtained by the Secretary of Housing and Urban Develop- ment pursuant to this paragraph shall not be made available under section 552 of title 5. (iii) Conditions on disclosure Disclosures under this paragraph shall be— (I) made in accordance with data secu- rity and control policies established by the Secretary of Housing and Urban De- velopment and approved by the Sec- retary; (II) subject to audit in a manner satis- factory to the Secretary; and (III) subject to the sanctions under subsection (l)(2). Page 2288 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 653 (iv) Additional disclosures (I) Determination by Secretaries The Secretary of Housing and Urban Development and the Secretary shall de- termine whether to permit disclosure of information under this paragraph to per- sons or entities described in subclause (II), based on an evaluation made by the Secretary of Housing and Urban Develop- ment (in consultation with and approved by the Secretary), of the costs and bene- fits of disclosures made under clause (ii) and the adequacy of measures used to safeguard the security and confiden- tiality of information so disclosed. (II) Permitted persons or entities If the Secretary of Housing and Urban Development and the Secretary deter- mine pursuant to subclause (I) that dis- closures to additional persons or entities shall be permitted, information under this paragraph may be disclosed by the Secretary of Housing and Urban Develop- ment to a private owner, a management agent, and a contract administrator in connection with the administration of a program described in subparagraph (A), subject to the conditions in clause (iii) and such additional conditions as agreed to by the Secretaries. (v) Restrictions on redisclosure A person or entity to which information is disclosed under this subparagraph may use or disclose such information only as needed for verifying the employment and income of individuals described in subpara- graph (A), subject to the conditions in clause (iii) and such additional conditions as agreed to by the Secretaries. (F) Reimbursement of HHS costs The Secretary of Housing and Urban De- velopment shall reimburse the Secretary, in accordance with subsection (k)(3), for the costs incurred by the Secretary in furnishing the information requested under this para- graph. (G) Consent The Secretary of Housing and Urban De- velopment shall not seek, use, or disclose in- formation under this paragraph relating to an individual without the prior written con- sent of such individual (or of a person le- gally authorized to consent on behalf of such individual). (8) Information comparisons and disclosure to assist in administration of unemployment compensation programs (A) In general If, for purposes of administering an unem- ployment compensation program under Fed- eral or State law, a State agency responsible for the administration of such program transmits to the Secretary the names and social security account numbers of individ- uals, the Secretary shall disclose to such State agency information on such individ- uals and their employers maintained in the National Directory of New Hires, subject to this paragraph. (B) Condition on disclosure by the Secretary The Secretary shall make a disclosure under subparagraph (A) only to the extent that the Secretary determines that the dis- closure would not interfere with the effec- tive operation of the program under this part. (C) Use and disclosure of information by State agencies (i) In general A State agency may not use or disclose information provided under this paragraph except for purposes of administering a pro- gram referred to in subparagraph (A). (ii) Information security The State agency shall have in effect data security and control policies that the Secretary finds adequate to ensure the se- curity of information obtained under this paragraph and to ensure that access to such information is restricted to author- ized persons for purposes of authorized uses and disclosures. (iii) Penalty for misuse of information An officer or employee of the State agen- cy who fails to comply with this subpara- graph shall be subject to the sanctions under subsection (l)(2) to the same extent as if such officer or employee was an offi- cer or employee of the United States. (D) Procedural requirements State agencies requesting information under this paragraph shall adhere to uniform procedures established by the Secretary gov- erning information requests and data match- ing under this paragraph. (E) Reimbursement of costs The State agency shall reimburse the Sec- retary, in accordance with subsection (k)(3), for the costs incurred by the Secretary in furnishing the information requested under this paragraph. (9) Information comparisons and disclosure to assist in Federal debt collection (A) Furnishing of information by the Sec- retary of the Treasury The Secretary of the Treasury shall fur- nish to the Secretary, on such periodic basis as determined by the Secretary of the Treas- ury in consultation with the Secretary, in- formation in the custody of the Secretary of the Treasury for comparison with informa- tion in the National Directory of New Hires, in order to obtain information in such Direc- tory with respect to persons— (i) who owe delinquent nontax debt to the United States; and (ii) whose debt has been referred to the Secretary of the Treasury in accordance with section 3711(g) of title 31. (B) Requirement to seek minimum informa- tion The Secretary of the Treasury shall seek information pursuant to this section only to Page 2289 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 653 the extent necessary to improve collection of the debt described in subparagraph (A). (C) Duties of the Secretary (i) Information disclosure The Secretary, in cooperation with the Secretary of the Treasury, shall compare information in the National Directory of New Hires with information provided by the Secretary of the Treasury with respect to persons described in subparagraph (A) and shall disclose information in such Di- rectory regarding such persons to the Sec- retary of the Treasury in accordance with this paragraph, for the purposes specified in this paragraph. Such comparison of in- formation shall not be considered a match- ing program as defined in section 552a of title 5. (ii) Condition on disclosure The Secretary shall make disclosures in accordance with clause (i) only to the ex- tent that the Secretary determines that such disclosures do not interfere with the effective operation of the program under this part. Support collection under section 666(b) of this title shall be given priority over collection of any delinquent Federal nontax debt against the same income. (D) Use of information by the Secretary of the Treasury The Secretary of the Treasury may use in- formation provided under this paragraph only for purposes of collecting the debt de- scribed in subparagraph (A). (E) Disclosure of information by the Sec- retary of the Treasury (i) Purpose of disclosure The Secretary of the Treasury may make a disclosure under this subparagraph only for purposes of collecting the debt de- scribed in subparagraph (A). (ii) Disclosures permitted Subject to clauses (iii) and (iv), the Sec- retary of the Treasury may disclose infor- mation resulting from a data match pursu- ant to this paragraph only to the Attorney General in connection with collecting the debt described in subparagraph (A). (iii) Conditions on disclosure Disclosures under this subparagraph shall be— (I) made in accordance with data secu- rity and control policies established by the Secretary of the Treasury and ap- proved by the Secretary; (II) subject to audit in a manner satis- factory to the Secretary; and (III) subject to the sanctions under subsection (l)(2). (iv) Additional disclosures (I) Determination by Secretaries The Secretary of the Treasury and the Secretary shall determine whether to permit disclosure of information under this paragraph to persons or entities de- scribed in subclause (II), based on an evaluation made by the Secretary of the Treasury (in consultation with and ap- proved by the Secretary), of the costs and benefits of such disclosures and the adequacy of measures used to safeguard the security and confidentiality of infor- mation so disclosed. (II) Permitted persons or entities If the Secretary of the Treasury and the Secretary determine pursuant to subclause (I) that disclosures to addi- tional persons or entities shall be per- mitted, information under this para- graph may be disclosed by the Secretary of the Treasury, in connection with col- lecting the debt described in subpara- graph (A), to a contractor or agent of ei- ther Secretary and to the Federal agency that referred such debt to the Secretary of the Treasury for collection, subject to the conditions in clause (iii) and such ad- ditional conditions as agreed to by the Secretaries. (v) Restrictions on redisclosure A person or entity to which information is disclosed under this subparagraph may use or disclose such information only as needed for collecting the debt described in subparagraph (A), subject to the condi- tions in clause (iii) and such additional conditions as agreed to by the Secretaries. (F) Reimbursement of HHS costs The Secretary of the Treasury shall reim- burse the Secretary, in accordance with sub- section (k)(3), for the costs incurred by the Secretary in furnishing the information re- quested under this paragraph. Any such costs paid by the Secretary of the Treasury shall be considered costs of implementing section 3711(g) of title 31 in accordance with section 3711(g)(6) of title 31 and may be paid from the account established pursuant to section 3711(g)(7) of title 31. (10) Information comparisons and disclosure to assist in administration of supplemental nutrition assistance program benefits (A) In general If, for purposes of administering a supple- mental nutrition assistance program under the Food and Nutrition Act of 2008 [7 U.S.C. 2011 et seq.], a State agency responsible for the administration of the program transmits to the Secretary the names and social secu- rity account numbers of individuals, the Secretary shall disclose to the State agency information on the individuals and their em- ployers maintained in the National Direc- tory of New Hires, subject to this paragraph. (B) Condition on disclosure by the Secretary The Secretary shall make a disclosure under subparagraph (A) only to the extent that the Secretary determines that the dis- closure would not interfere with the effec- tive operation of the program under this part. Page 2290 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 653 (C) Use and disclosure of information by State agencies (i) In general A State agency may not use or disclose information provided under this paragraph except for purposes of administering a pro- gram referred to in subparagraph (A). (ii) Information security The State agency shall have in effect data security and control policies that the Secretary finds adequate to ensure the se- curity of information obtained under this paragraph and to ensure that access to such information is restricted to author- ized persons for purposes of authorized uses and disclosures. (iii) Penalty for misuse of information An officer or employee of the State agen- cy who fails to comply with this subpara- graph shall be subject to the sanctions under subsection (l)(2) to the same extent as if the officer or employee were an offi- cer or employee of the United States. (D) Procedural requirements State agencies requesting information under this paragraph shall adhere to uniform procedures established by the Secretary gov- erning information requests and data match- ing under this paragraph. (E) Reimbursement of costs The State agency shall reimburse the Sec- retary, in accordance with subsection (k)(3), for the costs incurred by the Secretary in furnishing the information requested under this paragraph. (11) Information comparisons and disclosures to assist in administration of certain vet- erans benefits (A) Furnishing of information by Secretary of Veterans Affairs Subject to the provisions of this para- graph, the Secretary of Veterans Affairs shall furnish to the Secretary, on such peri- odic basis as determined by the Secretary of Veterans Affairs in consultation with the Secretary, information in the custody of the Secretary of Veterans Affairs for comparison with information in the National Directory of New Hires, in order to obtain information in such Directory with respect to individuals who are applying for or receiving— (i) needs-based pension benefits provided under chapter 15 of title 38 or under any other law administered by the Secretary of Veterans Affairs; (ii) parents’ dependency and indemnity compensation provided under section 1315 of title 38; (iii) health care services furnished under subsections (a)(2)(G), (a)(3), or (b) of sec- tion 1710 of title 38; or (iv) compensation paid under chapter 11 of title 38 at the 100 percent rate based solely on unemployability and without re- gard to the fact that the disability or dis- abilities are not rated as 100 percent dis- abling under the rating schedule. (B) Requirement to seek minimum informa- tion The Secretary of Veterans Affairs shall seek information pursuant to this paragraph only to the extent necessary to verify the employment and income of individuals de- scribed in subparagraph (A). (C) Duties of the Secretary (i) Information disclosure The Secretary, in cooperation with the Secretary of Veterans Affairs, shall com- pare information in the National Direc- tory of New Hires with information pro- vided by the Secretary of Veterans Affairs with respect to individuals described in subparagraph (A), and shall disclose infor- mation in such Directory regarding such individuals to the Secretary of Veterans Affairs, in accordance with this paragraph, for the purposes specified in this para- graph. (ii) Condition on disclosure The Secretary shall make disclosures in accordance with clause (i) only to the ex- tent that the Secretary determines that such disclosures do not interfere with the effective operation of the program under this part. (D) Use of information by Secretary of Vet- erans Affairs The Secretary of Veterans Affairs may use information resulting from a data match pursuant to this paragraph only— (i) for the purposes specified in subpara- graph (B); and (ii) after removal of personal identifiers, to conduct analyses of the employment and income reporting of individuals de- scribed in subparagraph (A). (E) Reimbursement of HHS costs The Secretary of Veterans Affairs shall re- imburse the Secretary, in accordance with subsection (k)(3), for the costs incurred by the Secretary in furnishing the information requested under this paragraph. (F) Consent The Secretary of Veterans Affairs shall not seek, use, or disclose information under this paragraph relating to an individual without the prior written consent of such in- dividual (or of a person legally authorized to consent on behalf of such individual). (G) Expiration of authority The authority under this paragraph shall be in effect as follows: (i) During the period beginning on De- cember 26, 2007, and ending on November 18, 2011. (ii) During the period beginning on Sep- tember 30, 2013, and ending 180 days after that date. (k) Fees (1) For SSA verification The Secretary shall reimburse the Commis- sioner of Social Security, at a rate negotiated Page 2291 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 653 1 So in original. Probably should be ‘‘subsection’’. between the Secretary and the Commissioner, for the costs incurred by the Commissioner in performing the verification services described in subsection (j). (2) For information from State directories of new hires The Secretary shall reimburse costs in- curred by State directories of new hires in fur- nishing information as required by section 653a(g)(2) of this title, at rates which the Sec- retary determines to be reasonable (which rates shall not include payment for the costs of obtaining, compiling, or maintaining such information). (3) For information furnished to State and Fed- eral agencies A State or Federal agency that receives in- formation from the Secretary pursuant to this section or section 652(m) of this title shall re- imburse the Secretary for costs incurred by the Secretary in furnishing the information, at rates which the Secretary determines to be reasonable (which rates shall include payment for the costs of obtaining, verifying, maintain- ing, and comparing the information). (l) Restriction on disclosure and use (1) In general Information in the Federal Parent Locator Service, and information resulting from com- parisons using such information, shall not be used or disclosed except as expressly provided in this section, subject to section 6103 of the Internal Revenue Code of 1986. (2) Penalty for misuse of information in the Na- tional Directory of New Hires The Secretary shall require the imposition of an administrative penalty (up to and in- cluding dismissal from employment), and a fine of $1,000, for each act of unauthorized ac- cess to, disclosure of, or use of, information in the National Directory of New Hires estab- lished under subsection (i) by any officer or employee of the United States or any other person who knowingly and willfully violates this paragraph. (m) Information integrity and security The Secretary shall establish and implement safeguards with respect to the entities estab- lished under this section designed to— (1) ensure the accuracy and completeness of information in the Federal Parent Locator Service; and (2) restrict access to confidential informa- tion in the Federal Parent Locator Service to authorized persons, and restrict use of such in- formation to authorized purposes. (n) Federal Government reporting Each department, agency, and instrumen- tality of the United States shall on a quarterly basis report to the Federal Parent Locator Serv- ice the name and social security number of each employee and the wages paid to the employee during the previous quarter, except that such a report shall not be filed with respect to an em- ployee of a department, agency, or instrumen- tality performing intelligence or counterintel- ligence functions, if the head of such depart- ment, agency, or instrumentality has deter- mined that filing such a report could endanger the safety of the employee or compromise an on- going investigation or intelligence mission. (o) Use of set-aside funds Out of any money in the Treasury of the United States not otherwise appropriated, there is hereby appropriated to the Secretary for each fiscal year an amount equal to 2 percent of the total amount paid to the Federal Government pursuant to a plan approved under this part dur- ing the immediately preceding fiscal year (as de- termined on the basis of the most recent reliable data available to the Secretary as of the end of the third calendar quarter following the end of such preceding fiscal year) or the amount appro- priated under this paragraph 1 for fiscal year 2002, whichever is greater, which shall be avail- able for use by the Secretary, either directly or through grants, contracts, or interagency agree- ments, for operation of the Federal Parent Loca- tor Service under this section, to the extent such costs are not recovered through user fees. Amounts appropriated under this subsection shall remain available until expended. (p) ‘‘Support order’’ defined As used in this part, the term ‘‘support order’’ means a judgment, decree, or order, whether temporary, final, or subject to modification, issued by a court or an administrative agency of competent jurisdiction, for the support and maintenance of a child, including a child who has attained the age of majority under the law of the issuing State, or of the parent with whom the child is living, which provides for monetary support, health care, arrearages, or reimburse- ment, and which may include related costs and fees, interest and penalties, income withholding, attorneys’ fees, and other relief. (Aug. 14, 1935, ch. 531, title IV, § 453, as added Pub. L. 93–647, § 101(a), Jan. 4, 1975, 88 Stat. 2353; amended Pub. L. 97–35, title XXIII, § 2332(c), Aug. 13, 1981, 95 Stat. 862; Pub. L. 98–369, div. B, title VI, § 2663(c)(13), (j)(2)(B)(ix), July 18, 1984, 98 Stat. 1166, 1170; Pub. L. 98–378, §§ 17, 19(a), Aug. 16, 1984, 98 Stat. 1321, 1322; Pub. L. 100–485, title I, § 124(a), Oct. 13, 1988, 102 Stat. 2353; Pub. L. 104–193, title I, § 108(c)(10), title III, §§ 316(a)–(f), 345(b), 366, 395(d)(1)(C), (2)(A), Aug. 22, 1996, 110 Stat. 2166, 2214–2216, 2237, 2250, 2259; Pub. L. 104–208, div. A, title I, § 101(e) [title II, § 215], Sept. 30, 1996, 110 Stat. 3009–233, 3009–255; Pub. L. 105–33, title V, §§ 5534(a), 5535, 5541(b), 5543, 5553, 5556(c), Aug. 5, 1997, 111 Stat. 627, 629–631, 636, 637; Pub. L. 105–34, title X, § 1090(a)(2), Aug. 5, 1997, 111 Stat. 961; Pub. L. 105–89, title I, § 105, Nov. 19, 1997, 111 Stat. 2120; Pub. L. 105–200, title IV, §§ 402(a), (b), 410(d), July 16, 1998, 112 Stat. 668, 669, 673; Pub. L. 106–113, div. B, § 1000(a)(5) [title III, § 303(a), (b)], Nov. 29, 1999, 113 Stat. 1536, 1501A–304, 1501A–306; Pub. L. 108–199, div. G, title II, § 217(a), Jan. 23, 2004, 118 Stat. 394; Pub. L. 108–295, § 3, Aug. 9, 2004, 118 Stat. 1091; Pub. L. 108–447, div. H, title VI, § 643, Dec. 8, 2004, 118 Stat. 3283; Pub. L. 109–171, title VII, §§ 7305, 7306(b), Feb. 8, 2006, 120 Stat. 145, 146; Pub. L. 109–250, § 2, July 27, 2006, 120 Stat. 652; Pub. L. Page 2292 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 653 110–157, title III, § 301(a), Dec. 26, 2007, 121 Stat. 1833; Pub. L. 110–234, title IV, § 4002(b)(1)(A), (B), (2)(V), May 22, 2008, 122 Stat. 1095–1097; Pub. L. 110–246, § 4(a), title IV, § 4002(b)(1)(A), (B), (2)(V), June 18, 2008, 122 Stat. 1664, 1857, 1858; Pub. L. 110–351, title I, § 105, Oct. 7, 2008, 122 Stat. 3957; Pub. L. 112–37, § 17(b), Oct. 5, 2011, 125 Stat. 398; Pub. L. 113–37, § 3(a), Sept. 30, 2013, 127 Stat. 525; Pub. L. 113–79, title IV, § 4030(p), Feb. 7, 2014, 128 Stat. 815; Pub. L. 113–183, title III, §§ 301(a)(2), (b), 302(a), (c), Sept. 29, 2014, 128 Stat. 1943, 1945, 1946; Pub. L. 118–258, title II, § 202(b), Jan. 4, 2025, 138 Stat. 2972.) Editorial Notes REFERENCES IN TEXT The Internal Revenue Code of 1986, referred to in sub- secs. (h)(3), (i)(3), and (l), is classified generally to Title 26, Internal Revenue Code. The Higher Education Act of 1965, referred to in sub- sec. (j)(6)(A), (E), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219. Title IV of the Act is classified generally to sub- chapter IV (§ 1070 et seq.) of chapter 28 of Title 20, Edu- cation. Part B of title IV of the Act is classified gen- erally to part B (§ 1071 et seq.) of subchapter IV of chap- ter 28 of Title 20. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 1001 of Title 20 and Tables. The United States Housing Act of 1937, referred to in subsec. (j)(7)(A)(i), is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93–383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653, which is classified generally to chap- ter 8 (§ 1437 et seq.) of this title. For complete classi- fication of this Act to the Code, see Short Title note set out under section 1437 of this title and Tables. The Food and Nutrition Act of 2008, referred to in subsec. (j)(10)(A), is Pub. L. 88–525, Aug. 31, 1964, 78 Stat. 703, which is classified generally to chapter 51 (§ 2011 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 7 and Tables. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. AMENDMENTS 2025—Subsec. (g). Pub. L. 118–258 struck out ‘‘State’’ before ‘‘agencies’’ in heading and substituted ‘‘, State, and tribal’’ for ‘‘and State’’ in text. 2014—Subsec. (c)(1). Pub. L. 113–183, § 302(a), inserted ‘‘or Indian tribe or tribal organization (as defined in subsections (e) and (l) of section 5304 of title 25),’’ after ‘‘any State’’. Subsec. (c)(5). Pub. L. 113–183, § 301(b), added par. (5). Subsec. (f). Pub. L. 113–183, § 302(c), inserted ‘‘and trib- al’’ after ‘‘State’’ wherever appearing. Subsec. (j)(10). Pub. L. 113–79 substituted ‘‘supple- mental nutrition assistance program benefits’’ for ‘‘food stamp programs’’ in heading. Subsec. (k)(3). Pub. L. 113–183, § 301(a)(2), substituted ‘‘652(m)’’ for ‘‘652(l)’’. 2013—Subsec. (j)(11)(G). Pub. L. 113–37 added subpar. (G) and struck out former subpar. (G). Prior to amend- ment, text read as follows: ‘‘The authority under this paragraph shall expire on November 18, 2011.’’ 2011—Subsec. (j)(11)(G). Pub. L. 112–37 substituted ‘‘November 18, 2011’’ for ‘‘September 30, 2011’’. 2008—Subsec. (j)(3). Pub. L. 110–351 inserted ‘‘, part B, or part E’’ after ‘‘this part’’ in introductory provisions. Subsec. (j)(10)(A). Pub. L. 110–246, § 4002(b)(1)(A), (B), (2)(V), substituted ‘‘supplemental nutrition assistance program’’ for ‘‘food stamp program’’ and ‘‘Food and Nu- trition Act of 2008’’ for ‘‘Food Stamp Act of 1977’’. 2007—Subsec. (j)(11). Pub. L. 110–157 added par. (11). 2006—Subsec. (j)(7), (9). Pub. L. 109–250, § 2(1), redesig- nated par. (7) relating to information comparisons and disclosure to assist in Federal debt collection as (9). Subsec. (j)(10). Pub. L. 109–250, § 2(2), added par. (10). Subsec. (k)(3). Pub. L. 109–171, § 7306(b), inserted ‘‘or section 652(l) of this title’’ after ‘‘pursuant to this sec- tion’’. Subsec. (o). Pub. L. 109–171, § 7305, inserted ‘‘or the amount appropriated under this paragraph for fiscal year 2002, whichever is greater’’ before ‘‘, which shall be available’’ in first sentence and struck out ‘‘for each of fiscal years 1997 through 2001’’ before ‘‘shall remain available’’ in last sentence. 2004—Subsec. (j)(7). Pub. L. 108–447 added par. (7) re- lating to information comparisons and disclosure to as- sist in Federal debt collection. Pub. L. 108–199 added par. (7) relating to information comparisons for housing assistance programs. Subsec. (j)(8). Pub. L. 108–295 added par. (8). 1999—Subsec. (j)(6). Pub. L. 106–113, § 1000(a)(5) [title III, § 303(a)], added par. (6). Subsec. (l)(2). Pub. L. 106–113, § 1000(a)(5) [title III, § 303(b)], amended Pub. L. 105–200, § 402(a), by inserting ‘‘or any other person’’ after ‘‘employee of the United States’’ in new par. (2). See 1998 Amendment note below. 1998—Subsec. (a)(2). Pub. L. 105–200, § 410(d)(1), (2), in introductory provisions, substituted ‘‘parentage or’’ for ‘‘parentage,’’ and struck out ‘‘or making or enforcing child custody or visitation orders,’’ after ‘‘obliga- tions,’’. Subsec. (a)(2)(A)(iv). Pub. L. 105–200, § 410(d)(3), re- aligned margins. Subsec. (i)(2). Pub. L. 105–200, § 402(b), amended head- ing and text of par. (2) generally. Prior to amendment, text read as follows: ‘‘Information shall be entered into the data base maintained by the National Directory of New Hires within 2 business days of receipt pursuant to section 653a(g)(2) of this title.’’ Subsec. (l). Pub. L. 105–200, § 402(a), as amended by Pub. L. 106–113, § 1000(a)(5) [title III, § 303(b)], designated existing provisions as par. (1), inserted heading, and added par. (2). 1997—Subsec. (a). Pub. L. 105–33, § 5534(a)(1), des- ignated existing provisions as par. (1), substituted ‘‘for the purposes specified in paragraphs (2) and (3).’’ for ‘‘to obtain and transmit to any authorized person (as de- fined in subsection (c) of this section), for the purpose of establishing parentage, establishing, setting the amount of, modifying, or enforcing child support obli- gations, or enforcing child custody or visitation or- ders—’’, added pars. (2) and (3), and struck out former pars. (1) to (3) which read as follows: ‘‘(1) information on, or facilitating the discovery of, the location of any individual— ‘‘(A) who is under an obligation to pay child sup- port or provide child custody or visitation rights; ‘‘(B) against whom such an obligation is sought; ‘‘(C) to whom such an obligation is owed, including the individual’s social security number (or numbers), most recent address, and the name, address, and employer identification number of the individual’s employer; ‘‘(2) information on the individual’s wages (or other income) from, and benefits of, employment (including rights to or enrollment in group health care coverage); and ‘‘(3) information on the type, status, location, and amount of any assets of, or debts owed by or to, any such individual.’’ Subsec. (a)(2). Pub. L. 105–89, § 105(1)(A), inserted ‘‘or making or enforcing child custody or visitation or- ders,’’ after ‘‘obligations,’’ in introductory provisions. Subsec. (a)(2)(A)(iv). Pub. L. 105–89, § 105(1)(B), added cl. (iv). Subsec. (b). Pub. L. 105–33, § 5534(a)(2), amended sub- sec. (b) generally, revising and restating former provi- sions relating to disclosure of information to author- ized persons as pars. (1) to (3). Page 2293 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 653 Subsec. (c)(1). Pub. L. 105–33, § 5534(a)(3)(A), struck out ‘‘or to seek to enforce orders providing child cus- tody or visitation rights’’ after ‘‘spousal support’’. Subsec. (c)(2). Pub. L. 105–33, § 5534(a)(3)(B), inserted ‘‘or to serve as the initiating court in an action to seek an order’’ after ‘‘authority to issue an order’’ and struck out ‘‘or to issue an order against a resident par- ent for child custody or visitation rights’’ after ‘‘main- tenance of a child’’. Subsec. (c)(4). Pub. L. 105–89, § 105(2), added par. (4). Subsec. (h)(1). Pub. L. 105–33, § 5553(1), inserted ‘‘and order’’ after ‘‘with respect to each case’’. Subsec. (h)(2). Pub. L. 105–34, § 1090(a)(2)(A), inserted at end ‘‘Beginning not later than October 1, 1999, the in- formation referred to in paragraph (1) shall include the names and social security numbers of the children of such individuals.’’ Pub. L. 105–33, § 5553(2), inserted ‘‘and order’’ after ‘‘case’’ in heading and ‘‘or an order’’ after ‘‘with re- spect to a case’’ and ‘‘or order’’ after ‘‘and the State or States which have the case’’ in text. Subsec. (h)(3). Pub. L. 105–34, § 1090(a)(2)(B), added par. (3). Subsec. (j)(3)(B). Pub. L. 105–33, § 5535(b)(1), sub- stituted ‘‘components’’ for ‘‘registries’’. Subsec. (j)(5). Pub. L. 105–33, § 5535(a), inserted ‘‘data in each component of the Federal Parent Locator Serv- ice maintained under this section and to’’ before ‘‘in- formation’’. Subsec. (k)(2). Pub. L. 105–33, § 5535(b)(2), substituted ‘‘section 653a(g)(2) of this title’’ for ‘‘subsection (j)(3) of this section’’. Subsec. (o). Pub. L. 105–33, § 5556(c), amended Pub. L. 104–208, § 101(e) [title II, § 215], generally. See 1996 Amendment note below. Pub. L. 105–34, § 5541(b), in heading substituted ‘‘Use of set-aside funds’’ for ‘‘Recovery of costs’’ and in text substituted ‘‘which shall be available for use by the Secretary, either directly or through grants, contracts, or interagency agreements,’’ for ‘‘to cover costs in- curred by the Secretary’’ and inserted at end ‘‘Amounts appropriated under this subsection for each of fiscal years 1997 through 2001 shall remain available until ex- pended.’’ Subsec. (p). Pub. L. 105–33, § 5543, substituted ‘‘of the parent’’ for ‘‘a child and the parent’’. 1996—Pub. L. 104–193, § 316(e)(2), inserted ‘‘Federal’’ before ‘‘Parent Locator Service’’ in section catchline. Subsec. (a). Pub. L. 104–193, § 316(a)(1), (e)(1), inserted ‘‘Federal’’ before ‘‘Parent Locator Service’’, sub- stituted ‘‘, for the purpose of establishing parentage, establishing, setting the amount of, modifying, or en- forcing child support obligations, or enforcing child custody or visitation orders—’’ for ‘‘information as to the whereabouts of any absent parent when such infor- mation is to be used to locate such parent for the pur- pose of enforcing support obligations against such par- ent.’’, and added pars. (1) to (3). Subsec. (b). Pub. L. 104–193, § 316(a)(2), (e)(1), sub- stituted ‘‘information described in subsection (a) of this section’’ for ‘‘social security account number (or numbers, if the individual involved has more than one such number) and the most recent address and place of employment of any absent parent’’, inserted ‘‘Federal’’ before ‘‘Parent Locator Service’’, and inserted at end of closing provisions ‘‘No information shall be disclosed to any person if the State has notified the Secretary that the State has reasonable evidence of domestic vio- lence or child abuse and the disclosure of such informa- tion could be harmful to the custodial parent or the child of such parent. Information received or trans- mitted pursuant to this section shall be subject to the safeguard provisions contained in section 654(26) of this title.’’ Subsec. (c)(1). Pub. L. 104–193, § 316(b)(1), substituted ‘‘support or to seek to enforce orders providing child custody or visitation rights’’ for ‘‘support’’. Subsec. (c)(2). Pub. L. 104–193, §§ 316(b)(2), 395(d)(2)(A), substituted ‘‘a noncustodial parent’’ for ‘‘an absent parent’’ and ‘‘or to issue an order against a resident parent for child custody or visitation rights, or any agent of such court;’’ for ‘‘, or any agent of such court; and’’. Subsec. (c)(3). Pub. L. 104–193, § 395(d)(2)(A), sub- stituted ‘‘a noncustodial parent’’ for ‘‘an absent par- ent’’. Pub. L. 104–193, § 108(c)(10), substituted ‘‘assistance under a State program funded under part A’’ for ‘‘aid under part A of this subchapter’’. Subsec. (e)(2). Pub. L. 104–193, § 316(c), inserted ‘‘in an amount which the Secretary determines to be reason- able payment for the information exchange (which amount shall not include payment for the costs of ob- taining, compiling, or maintaining the information)’’ after ‘‘Secretary shall be reimbursed by him’’. Subsec. (f). Pub. L. 104–193, § 395(d)(1)(C), substituted ‘‘noncustodial’’ for ‘‘absent’’. Subsec. (g). Pub. L. 104–193, § 316(d), added subsec. (g). Subsecs. (h) to (n). Pub. L. 104–193, § 316(f), added sub- secs. (h) to (n). Subsec. (o). Pub. L. 104–208, title I, § 101(e) [title II, § 215], as amended by Pub. L. 105–33, § 5556(c), sub- stituted ‘‘a plan approved under this part’’ for ‘‘section 657(a) of this title’’. Pub. L. 104–193, § 345(a), added subsec. (o). Subsec. (p). Pub. L. 104–193, § 366, added subsec. (p). 1988—Subsec. (e)(3). Pub. L. 100–485 added par. (3). 1984—Subsec. (b). Pub. L. 98–378, § 19(a), inserted ‘‘the social security account number (or numbers, if the in- dividual involved has more than one such number) and’’. Subsec. (b)(1). Pub. L. 98–369, § 2663(j)(2)(B)(ix), sub- stituted ‘‘Health and Human Services’’ for ‘‘Health, Education, and Welfare’’. Subsec. (b)(2). Pub. L. 98–369, § 2663(c)(13), substituted ‘‘of the United States’’ for ‘‘, or the United States’’. Subsec. (f). Pub. L. 98–378, § 17, struck out ‘‘, after de- termining that the absent parent cannot be located through the procedures under the control of such State agencies,’’ before ‘‘to transmit to the Secretary’’. 1981—Subsec. (c)(1). Pub. L. 97–35 substituted ‘‘child and spousal support’’ for ‘‘child support’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2013 AMENDMENT Amendment by Pub. L. 113–37 effective Oct. 1, 2013, see section 4(a) of Pub. L. 113–37, set out as a note under section 322 of Title 38, Veterans’ Benefits. EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as other- wise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture. Amendment by section 4002(b)(1)(A), (B), (2)(V) of Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Congress. EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109–171 effective as if enacted on Oct. 1, 2005, except as otherwise provided, see section 7701 of Pub. L. 109–171, set out as a note under section 603 of this title. EFFECTIVE DATE OF 1999 AMENDMENT Pub. L. 106–113, div. B, § 1000(a)(5) [title III, § 303(c)], Nov. 29, 1999, 113 Stat. 1536, 1501A–306, provided that: ‘‘The amendments made by this section [amending this section] shall become effective October 1, 1999.’’ EFFECTIVE DATE OF 1998 AMENDMENT Pub. L. 105–200, title IV, § 402(e), July 16, 1998, 112 Stat. 669, provided that: ‘‘The amendments made by this section [amending this section] shall take effect on October 1, 2000.’’ Page 2294 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 653a EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105–89 effective Nov. 19, 1997, except as otherwise provided, with delay permitted if State legislation is required, see section 501 of Pub. L. 105–89, set out as a note under section 622 of this title. Pub. L. 105–34, title X, § 1090(a)(4), Aug. 5, 1997, 111 Stat. 962, provided that: ‘‘The amendments made by this subsection [amending this section and section 654a of this title] shall take effect on October 1, 1998.’’ Amendment by Pub. L. 105–33 effective as if included in the enactment of title III of the Personal Responsi- bility and Work Opportunity Reconciliation Act of 1996, Pub. L. 104–193, see section 5557 of Pub. L. 105–33, set out as a note under section 608 of this title. EFFECTIVE DATE OF 1996 AMENDMENT Amounts available under subsec. (o) of this section to be calculated as though amendments made by section 101(e) [title II, § 215] of Pub. L. 104–208 were effective Oct. 1, 1995, see section 101(e) [title II, § 215] of Pub. L. 104–208, as amended, set out as a note under section 652 of this title. Amendment by section 108(c)(10) of Pub. L. 104–193 ef- fective July 1, 1997, with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of enti- tlement under AFDC program, see section 116 of Pub. L. 104–193, as amended, set out as an Effective Date note under section 601 of this title. For provisions relating to effective date of title III of Pub. L. 104–193, see section 395(a)–(c) of Pub. L. 104–193, set out as a note under section 654 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–485, title I, § 124(c), Oct. 13, 1988, 102 Stat. 2353, provided that: ‘‘(1) Except as provided in paragraph (2), the amend- ments made by subsections (a) and (b) [amending this section and sections 503 and 504 of this title] shall be- come effective on the first day of the first calendar quarter which begins one year or more after the date of the enactment of this Act [Oct. 13, 1988]. ‘‘(2) The Secretary of Health and Human Services and the Secretary of Labor shall enter into the agreement required by the amendment made by subsection (a) [amending this section] not later than 90 days after the date of the enactment of this Act.’’ EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–369 effective July 18, 1984, but not to be construed as changing or affecting any right, liability, status, or interpretation which existed (under the provisions of law involved) before that date, see section 2664(b) of Pub. L. 98–369, set out as a note under section 401 of this title. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–35 effective Oct. 1, 1981, ex- cept as otherwise specifically provided, see section 2336 of Pub. L. 97–35, set out as a note under section 651 of this title. NOTICE OF PURPOSES FOR WHICH WAGE AND SALARY DATA ARE TO BE USED Pub. L. 105–200, title IV, § 402(c), July 16, 1998, 112 Stat. 669, provided that: ‘‘Within 90 days after the date of the enactment of this Act [July 16, 1998], the Sec- retary of Health and Human Services shall notify the Committee on Ways and Means of the House of Rep- resentatives and the Committee on Finance of the Sen- ate of the specific purposes for which the new hire and the wage and unemployment compensation information in the National Directory of New Hires is to be used. At least 30 days before such information is to be used for a purpose not specified in the notice provided pursuant to the preceding sentence, the Secretary shall notify the Committee on Ways and Means of the House of Rep- resentatives and the Committee on Finance of the Sen- ate of such purpose.’’ REPORT ON DATA MAINTAINED BY NATIONAL DIRECTORY OF NEW HIRES Pub. L. 105–200, title IV, § 402(d), July 16, 1998, 112 Stat. 669, provided that: ‘‘Within 3 years after the date of the enactment of this Act [July 16, 1998], the Sec- retary of Health and Human Services shall submit to the Committee on Ways and Means of the House of Rep- resentatives and the Committee on Finance of the Sen- ate a report on the accuracy of the data maintained by the National Directory of New Hires pursuant to sec- tion 453(i) of the Social Security Act [42 U.S.C. 653(i)], and the effectiveness of the procedures designed to pro- vide for the security of such data.’’ COORDINATION BETWEEN SECRETARIES RELATING TO AMENDMENTS BY PUB. L. 105–34 Pub. L. 105–34, title X, § 1090(a)(3), Aug. 5, 1997, 111 Stat. 961, provided that: ‘‘The Secretary of the Treas- ury and the Secretary of Health and Human Services shall consult regarding the implementation issues re- sulting from the amendments made by this subsection [amending this section and section 654a of this title], including interim deadlines for States that may be able before October 1, 1999, to provide the data required by such amendments. The Secretaries shall report to Con- gress on the results of such consultation.’’ REQUIREMENT FOR COOPERATION Pub. L. 104–193, title III, § 316(h), Aug. 22, 1996, 110 Stat. 2220, provided that: ‘‘The Secretary of Labor and the Secretary of Health and Human Services shall work jointly to develop cost-effective and efficient methods of accessing the information in the various State direc- tories of new hires and the National Directory of New Hires as established pursuant to the amendments made by this subtitle [subtitle B (§§ 311–317) of title III of Pub. L. 104–193, enacting sections 653a and 654b of this title and amending this section, sections 503, 654, 654a, 666, 1320b–7 of this title, and sections 3304 and 6103 of Title 26, Internal Revenue Code]. In developing these meth- ods the Secretaries shall take into account the impact, including costs, on the States, and shall also consider the need to insure the proper and authorized use of wage record information.’’ Executive Documents EXECUTIVE AGENCIES TO FACILITATE PAYMENT OF CHILD SUPPORT For provisions requiring Federal agencies to cooper- ate with Federal Parent Locator Service, see Ex. Ord. No. 12953, § 303, Feb. 27, 1995, 60 F.R. 11014, set out as a note under section 659 of this title. § 653a. State Directory of New Hires (a) Establishment (1) In general (A) Requirement for States that have no di- rectory Except as provided in subparagraph (B), not later than October 1, 1997, each State shall establish an automated directory (to be known as the ‘‘State Directory of New Hires’’) which shall contain information sup- plied in accordance with subsection (b) by employers on each newly hired employee. (B) States with new hire reporting law in ex- istence A State which has a new hire reporting law in existence on August 22, 1996, may con-