42 U.S.C. § 629m — Data exchange standards for improved

Page 2270 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 629k § 629k. Reduction of administrative burden (a) In general The Secretary shall reduce the burden of ad- ministering this part imposed on the recipients of funds under this part, by— (1) reviewing and revising administrative data collection instruments and forms to eliminate duplication and streamline report- ing requirements for the recipients while col- lecting all data required under this part; (2) in coordination with activities required under the Paperwork Reduction Act, con- ducting an analysis of the total number of hours reported by the recipients to comply with paperwork requirements and exploring, in consultation with the recipients, how to re- duce the number of hours required for the compliance by at least 15 percent; (3) collecting input from the recipients with respect to fiscal and oversight requirements and making changes to ensure consistency with standards and guidelines for other Fed- eral formula grant programs based on the input; and (4) respecting the sovereignty of Indian tribes when complying with this subsection. (b) Limitation on applicability Subsection (a) of this section shall not apply to any reporting or data collection otherwise re- quired by law that would affect the ability of the Secretary to monitor and ensure compliance with State plans approved under this part or en- sure that funds are expended consistent with this part. (Aug. 14, 1935, ch. 531, title IV, § 441, as added Pub. L. 118–258, title I, § 106(f)(1), Jan. 4, 2025, 138 Stat. 2952.) Editorial Notes REFERENCES IN TEXT The Paperwork Reduction Act, referred to in subsec. (a)(2), probably means chapter 35 (§ 3501 et seq.) of Title 44, Public Printing and Documents. See Short Title note set out under section 3501 of Title 44. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 2025, and applicable to pay- ments under this part for calendar quarters beginning on or after such date, with delay permitted if either State legislation or tribal action is required to meet additional requirements, see section 117 of Pub. L. 118–258, set out as an Effective Date of 2025 Amendment note under section 622 of this title. IMPLEMENTATION Pub. L. 118–258, title I, § 106(f)(2), Jan. 4, 2025, 138 Stat. 2953, provided that: ‘‘Within 2 years after the date of the enactment of this Act [Jan. 4, 2025], the Secretary of Health and Human Services shall— ‘‘(A) comply with section 441 of the Social Security Act [42 U.S.C. 629k], as added by the amendment made by paragraph (1); and ‘‘(B) notify each recipient of funds under part B of title IV of the Social Security Act [42 U.S.C. 620 et seq.] of any change made by the Secretary pursuant to such section affecting the recipient.’’ § 629l. Public access to State plans The Secretary shall— (1) create a standardized format for State plans required under sections 622 and 629b of this title used to monitor compliance with those sections; (2) produce comparisons and analyses of trends in State plans to inform future tech- nical assistance and policy development; (3) make the State plans available on a pub- lic website; and (4) include on the website aggregated na- tional summaries of State submissions as the Secretary deems appropriate. (Aug. 14, 1935, ch. 531, title IV, § 442, as added Pub. L. 118–258, title I, § 106(f)(1), Jan. 4, 2025, 138 Stat. 2953.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 2025, and applicable to pay- ments under this part for calendar quarters beginning on or after such date, with delay permitted if either State legislation or tribal action is required to meet additional requirements, see section 117 of Pub. L. 118–258, set out as an Effective Date of 2025 Amendment note under section 622 of this title. SUBPART 3—COMMON PROVISIONS § 629m. Data exchange standards for improved interoperability (a) Designation The Secretary shall, in consultation with an interagency work group established by the Of- fice of Management and Budget and considering State government perspectives, by rule, des- ignate data exchange standards to govern, under this part and part E— (1) necessary categories of information that State agencies operating programs under State plans approved under this part are re- quired under applicable Federal law to elec- tronically exchange with another State agen- cy; and (2) Federal reporting and data exchange re- quired under applicable Federal law. (b) Requirements The data exchange standards required by para- graph (1) shall, to the extent practicable— (1) incorporate a widely accepted, non-pro- prietary, searchable, computer-readable for- mat, such as the Extensible Markup Lan- guage; (2) contain interoperable standards devel- oped and maintained by intergovernmental partnerships, such as the National Informa- tion Exchange Model; (3) incorporate interoperable standards de- veloped and maintained by Federal entities with authority over contracting and financial assistance; (4) be consistent with and implement appli- cable accounting principles; (5) be implemented in a manner that is cost- effective and improves program efficiency and effectiveness; and (6) be capable of being continually upgraded as necessary. Page 2271 TITLE 42—THE PUBLIC HEALTH AND WELFARE §§ 633 to 645 1 So in original. (c) Rule of construction Nothing in this subsection 1 shall be construed to require a change to existing data exchange standards found to be effective and efficient. (Aug. 14, 1935, ch. 531, title IV, § 440, as added Pub. L. 112–34, title I, § 105(a), Sept. 30, 2011, 125 Stat. 376; amended Pub. L. 115–123, div. E, title VII, § 50771(a), Feb. 9, 2018, 132 Stat. 267.) RENUMBERING OF SECTION Pub. L. 118–258, title I, §§ 106(f)(1), 117, Jan. 4, 2025, 138 Stat. 2952, 2969, provided that, effec- tive Oct. 1, 2025, and applicable to payments under this part for calendar quarters beginning on or after such date, with delay permitted if ei- ther State legislation or tribal action is required to meet additional requirements, this section is renumbered section 443 of act Aug. 14, 1935. Editorial Notes PRIOR PROVISIONS A prior section 440 of act Aug. 14, 1935, was classified to section 640 of this title prior to repeal by Pub. L. 100–485. AMENDMENTS 2018—Pub. L. 115–123 amended section generally. Prior to amendment, section required Secretary of Health and Human Services to designate standard data ele- ments for any category of information required to be reported under this part and designate data reporting standards to govern the reporting required under this part. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 112–34, title I, § 105(b), Sept. 30, 2011, 125 Stat. 377, provided that: ‘‘The amendment made by sub- section (a) [enacting this section] shall take effect on October 1, 2012, and shall apply with respect to informa- tion required to be reported on or after such date.’’ REGULATION Pub. L. 115–123, div. E, title VII, § 50771(b), Feb. 9, 2018, 132 Stat. 268, provided that: ‘‘Not later than the date that is 24 months after the date of the enactment of this section [Feb. 9, 2018], the Secretary of Health and Human Services shall issue a proposed rule that— ‘‘(1) identifies federally required data exchanges, in- clude [sic] specification and timing of exchanges to be standardized, and address [sic] the factors used in determining whether and when to standardize data exchanges; and ‘‘(2) specifies State implementation options and de- scribes future milestones.’’ PART C—WORK INCENTIVE PROGRAM FOR RECIPI- ENTS OF AID UNDER STATE PLAN APPROVED UNDER PART A §§ 630 to 632. Repealed. Pub. L. 100–485, title II, § 202(a), Oct. 13, 1988, 102 Stat. 2377 Section 630, act Aug. 14, 1935, ch. 531, title IV, § 430, as added Jan. 2, 1968, Pub. L. 90–248, title II, § 204(a), 81 Stat. 884; amended Dec. 28, 1971, Pub. L. 92–223, § 3(b)(1), 85 Stat. 805, provided statement of purpose for work in- centive program for recipients of aid under State plan approved under part A. Section 631, act Aug. 14, 1935, ch. 531, title IV, § 431, as added Jan. 2, 1968, Pub. L. 90–248, title II, § 204(a), 81 Stat. 884; amended Dec. 28, 1971, Pub. L. 92–223, § 3(b)(2), 85 Stat. 805; July 18, 1984, Pub. L. 98–369, div. B, title VI, § 2663(j)(2)(B)(ii), 98 Stat. 1170, authorized appropria- tions. Section 632, act Aug. 14, 1935, ch. 531, title IV, § 432, as added Jan. 2, 1968, Pub. L. 90–248, title II, § 204(a), 81 Stat. 884; amended Dec. 28, 1971, Pub. L. 92–223, § 3(b)(3), 85 Stat. 806; Oct. 13, 1982, Pub. L. 97–300, title V, § 502(a), (b)(1), (c)(1), 96 Stat. 1397, 1398; July 18, 1984, Pub. L. 98–369, div. B, title VI, § 2663(k), 98 Stat. 1171, estab- lished work incentive programs. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1990, with provision for earlier effective dates in case of States making certain changes in their State plans and formally notifying the Secretary of Health and Human Services of their desire to become subject to the amendments by title II of Pub. L. 100–485, at such earlier effective dates, see sec- tion 204(a), (b)(1)(A), of Pub. L. 100–485, set out as an Ef- fective Date of 1988 Amendment note under section 671 of this title. § 632a. Omitted Editorial Notes CODIFICATION Section, Pub. L. 96–499, title IX, § 966, Dec. 5, 1980, 94 Stat. 2652; Pub. L. 97–35, title XXI, § 2156, Aug. 13, 1981, 95 Stat. 802; Pub. L. 97–123, § 5, Dec. 29, 1981, 95 Stat. 1664; Pub. L. 102–54, § 13(q)(4), June 13, 1991, 105 Stat. 280, required Secretary of Health and Human Services to enter into agreements with 7 to 12 States for the pur- pose of conducting demonstration projects of up to 4 years duration for the training and employment of eli- gible participants as homemakers or home health aides and required Secretary to submit to Congress annual reports and a final report 6 months after receiving final reports from all States. §§ 633 to 645. Repealed. Pub. L. 100–485, title II, § 202(a), Oct. 13, 1988, 102 Stat. 2377 Section 633, act Aug. 14, 1935, ch. 531, title IV, § 433, as added Jan. 2, 1968, Pub. L. 90–248, title II, § 204(a), 81 Stat. 885; amended Dec. 28, 1971, Pub. L. 92–223, § 3(b)(4)(A)–(F), 85 Stat. 806, 807; Oct. 13, 1982, Pub. L. 97–300, title V, § 502(b)(2), (c)(2), (3), 96 Stat. 1398; July 18, 1984, Pub. L. 98–369, div. B, title VI, § 2663(k), 98 Stat. 1171, related to operation of programs. Section 634, act Aug. 14, 1935, ch. 531, title IV, § 434, as added Jan. 2, 1968, Pub. L. 90–248, title II, § 204(a), 81 Stat. 887; amended Dec. 28, 1971, Pub. L. 92–223, § 3(b)(4)(G), 85 Stat. 808; July 18, 1984, Pub. L. 98–369, div. B, title VI, § 2663(k), 98 Stat. 1171, related to incentive payments and allowances for transportation and other costs. Section 635, act Aug. 14, 1935, ch. 531, title IV, § 435, as added Jan. 2, 1968, Pub. L. 90–248, title II, § 204(a), 81 Stat. 887; amended Dec. 28, 1971, Pub. L. 92–223, § 3(b)(5), 85 Stat. 808, limited Federal assistance. Section 636, act Aug. 14, 1935, ch. 531, title IV, § 436, as added Jan. 2, 1968, Pub. L. 90–248, title II, § 204(a), 81 Stat. 887; amended Dec. 28, 1971, Pub. L. 92–223, § 3(b)(6), 85 Stat. 808; July 18, 1984, Pub. L. 98–369, div. B, title VI, § 2663(j)(2)(B)(iii), 98 Stat. 1170, related to period of en- rollment. Section 637, act Aug. 14, 1935, ch. 531, title IV, § 437, as added Jan. 2, 1968, Pub. L. 90–248, title II, § 204(a), 81 Stat. 887, related to relocation of participants. Section 638, act Aug. 14, 1935, ch. 531, title IV, § 438, as added Jan. 2, 1968, Pub. L. 90–248, title II, § 204(a), 81 Stat. 887; amended Dec. 28, 1971, Pub. L. 92–223, § 3(b)(7), 85 Stat. 808, provided that participants in programs were not Federal employees. Section 639, act Aug. 14, 1935, ch. 531, title IV, § 439, as added Jan. 2, 1968, Pub. L. 90–248, title II, § 204(a), 81