Appendix I_42 U.S.C. 653(j)(10)

Appendix I_42 U.S.C. 653(j)(10)
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TITLE 42—THE PUBLIC HEALTH AND WELFARE

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 subsection (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 required 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 implementation 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 subsection (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 implement 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 requirement of determining a State’s paternity establishment 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 enactment of this Act [Oct. 13, 1988], the Secretary of Health
and Human Services shall establish an advisory committee. The committee shall include representatives of
organizations representing State governors, State welfare 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 amendment 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 enactment of this Act, 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 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

§ 653

Welfare to submit to Congress, not later than June 30,
1977, a special supplementary report with respect to activities 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 direction 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, modifying, 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 discovery 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 number (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, employment (including rights to or enrollment in
group health care coverage); and
(C) information on the type, status, location, 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 defined in section 663(d)(1) of this title, the Federal
Parent Locator Service shall be used to obtain
and transmit the information specified in section 663(c) of this title to the authorized persons
specified in section 663(d)(2) of this title.
(b) Disclosure of information to authorized persons
(1) Upon request, filed in accordance with subsection (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 Federal Parent Locator Service such information to
such person, if such information—
(A) is contained in any files or records maintained by the Secretary or by the Department
of Health and Human Services; or
(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 instrumentality of the United States or of any
State,

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

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 security interests of the United States or the confidentiality of census data. The Secretary shall
give priority to requests made by any authorized
person described in subsection (c)(1). No information 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 information could be harmful to the custodial parent or
the child of such parent, provided that—
(A) in response to a request from an authorized 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 violence 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 disclosure to any other person of that information 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 pursuant 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 ‘‘authorized person’’ means—
(1) any agent or attorney of any State or Indian 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 official 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, attorney, or agent of a child (other than a child receiving assistance under a State program
funded under part A) (as determined by regulations prescribed by the Secretary) without regard to the existence of a court order against
a noncustodial parent who has a duty to support 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

Page 2252

(5) an entity designated as a Central Authority 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 reasonably 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 provided 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 information requested is contained in any such files
or records. If such search discloses the information requested, such individual shall immediately transmit such information to the Secretary, except that if any information is obtained 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 immediately so notify the Secretary. The costs incurred by any such department, agency, or instrumentality of the United States or of any
State in providing such information to the Secretary 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 information). Whenever such services are furnished 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 providing such services.
(3) The Secretary of Labor shall enter into an
agreement with the Secretary to provide prompt
access for the Secretary (in accordance with this
subsection) to the wage and unemployment compensation claims information and data maintained by or for the Department of Labor or
State employment security agencies.

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(f) Arrangements and cooperation with State and
tribal agencies
The Secretary, in carrying out his duties and
functions under this section, shall enter into arrangements with State and tribal agencies administering State and tribal plans approved
under this part for such State and tribal agencies to accept from resident parents, legal
guardians, or agents of a child described in subsection (c)(3) and to transmit to the Secretary
requests for information with regard to the
whereabouts of noncustodial parents and otherwise to cooperate with the Secretary in carrying
out the purposes of this section.
(g) Reimbursement for reports by State agencies
The Secretary may reimburse Federal and
State agencies for the costs incurred by such entities in furnishing information requested by the
Secretary under this section 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 information).
(h) Federal Case Registry of Child Support Orders
(1) In general
Not later than October 1, 1998, 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 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 orders and other information described in paragraph (2) with respect to each case and order
in each State case registry maintained pursuant to section 654a(e) of this title, as furnished
(and regularly updated), pursuant to section
654a(f) of this title, by State agencies administering 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 security numbers or other uniform identification
numbers, and State case identification numbers) to identify the individuals who owe or
are owed support (or with respect to or on behalf 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 access to the information described in paragraph
(2) for the purpose of administering those sections of the Internal Revenue Code of 1986
which grant tax benefits based on support or
residence of children.

§ 653

(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 October 1, 1997, establish and maintain in the
Federal Parent Locator Service an automated
directory to be known as the National Directory of New Hires, which shall contain the information 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 unemployment compensation information
The Secretary shall not have access for
child support enforcement purposes to information 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 resulting from the use of such information in
any information comparison under this subsection.
(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 necessary to assist in carrying out subsection
(j)(5).
(3) Administration of Federal tax laws
The Secretary of the Treasury shall have access to the information in the National Directory of New Hires for purposes of administering 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 National 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.
(j) Information comparisons and other disclosures
(1) Verification by Social Security Administration
(A) In general
The Secretary shall transmit information
on individuals and employers maintained

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

under this section to the Social Security Administration to the extent necessary for
verification in accordance with subparagraph (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 Secretary, 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 involving the establishment, modification, or enforcement 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 assisting States to carry out their responsibilities 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 component of the Federal Parent Locator Service maintained under this section against
the information in each other such component (other than the comparison required by
paragraph (2)), and report instances in which
such a comparison reveals a match with respect to an individual to State agencies operating such programs; and
(B) disclose information in such components 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 Directory.
(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 purposes found by the Secretary to be likely to
contribute to achieving the purposes of part A
or this part, but without personal identifiers.

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(6) Information comparisons and disclosure for
enforcement of obligations on Higher Education Act loans and grants
(A) Furnishing of information by the Secretary of Education
The Secretary of Education shall furnish
to the Secretary, on a quarterly basis or at
such less frequent intervals as may be determined by the Secretary of Education, information 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 directory 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 default; or
(ii) owe an obligation to refund an overpayment of a grant awarded under such
title.
(B) Requirement to seek minimum information necessary
The Secretary of Education shall seek information 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 information 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 Secretary 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 extent 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 information resulting from a data match pursuant 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 consideration information from the National Directory of New Hires) exceeds $16,000; and
(ii) after removal of personal identifiers,
to conduct analyses of student loan defaults.

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(E) Disclosure of information by the Secretary 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 guaranty agency described in subclause (I);
(III) a contractor or agent of the Secretary; 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 Higher Education Act of 1965 [20 U.S.C. 1070 et
seq.].
(iii) Restriction on redisclosure
An entity to which information is disclosed 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 reimburse the Secretary, in accordance with subsection (k)(3), for the additional costs incurred by the Secretary in furnishing the information requested under this subparagraph.
(7) Information comparisons for housing assistance 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 consultation with the Secretary, information in
the custody of the Secretary of Housing and
Urban Development 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 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 information
The Secretary of Housing and Urban Development shall seek information pursuant
to this section only to the extent necessary
to verify the employment and income of individuals described in subparagraph (A).

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(C) Duties of the Secretary
(i) Information disclosure
The Secretary, in cooperation with the
Secretary of Housing and Urban Development, shall compare information in the
National Directory of New Hires with information provided by the Secretary of
Housing and Urban Development with respect to individuals described in subparagraph (A), and shall disclose information
in such Directory regarding such individuals 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 extent 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 Development may use information resulting
from a data match pursuant to this paragraph only—
(i) for the purpose of verifying the employment and income of individuals described in subparagraph (A); and
(ii) after removal of personal identifiers,
to conduct analyses of the employment
and income reporting of individuals described in subparagraph (A).
(E) Disclosure of information by HUD
(i) Purpose of disclosure
The Secretary of Housing and Urban Development 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 disclose 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 administration of a program described in subparagraph (A). Information obtained by the
Secretary of Housing and Urban Development 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 security and control policies established by
the Secretary of Housing and Urban Development and approved by the Secretary;
(II) subject to audit in a manner satisfactory to the Secretary; and
(III) subject to the sanctions under
subsection (l)(2).

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(iv) Additional disclosures
(I) Determination by Secretaries
The Secretary of Housing and Urban
Development and the Secretary shall determine whether to permit disclosure of
information under this paragraph to persons or entities described in subclause
(II), based on an evaluation made by the
Secretary of Housing and Urban Development (in consultation with and approved
by the Secretary), of the costs and benefits of disclosures made under clause (ii)
and the adequacy of measures used to
safeguard the security and confidentiality of information so disclosed.
(II) Permitted persons or entities
If the Secretary of Housing and Urban
Development and the Secretary determine pursuant to subclause (I) that disclosures to additional persons or entities
shall be permitted, information under
this paragraph may be disclosed by the
Secretary of Housing and Urban Development 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 subparagraph (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 Development shall reimburse the Secretary, in
accordance with subsection (k)(3), for the
costs incurred by the Secretary in furnishing
the information requested under this paragraph.
(G) Consent
The Secretary of Housing and Urban Development shall not seek, use, or disclose information under this paragraph relating to
an individual without the prior written consent of such individual (or of a person legally 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 unemployment compensation program under Federal 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 individuals, the Secretary shall disclose to such
State agency information on such individuals and their employers maintained in the

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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 disclosure would not interfere with the effective 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 program 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 security of information obtained under this
paragraph and to ensure that access to
such information is restricted to authorized persons for purposes of authorized
uses and disclosures.
(iii) Penalty for misuse of information
An officer or employee of the State agency who fails to comply with this subparagraph shall be subject to the sanctions
under subsection (l)(2) to the same extent
as if such officer or employee was an officer 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 governing information requests and data matching under this paragraph.
(E) Reimbursement of costs
The State agency shall reimburse the Secretary, 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 Secretary of the Treasury
The Secretary of the Treasury shall furnish to the Secretary, on such periodic basis
as determined by the Secretary of the Treasury in consultation with the Secretary, information in the custody of the Secretary of
the Treasury for comparison with information in the National Directory of New Hires,
in order to obtain information in such Directory 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 information
The Secretary of the Treasury shall seek
information pursuant to this section only to

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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 Directory regarding such persons to the Secretary of the Treasury in accordance with
this paragraph, for the purposes specified
in this paragraph. Such comparison of information shall not be considered a matching 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 extent 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 information provided under this paragraph
only for purposes of collecting the debt described in subparagraph (A).
(E) Disclosure of information by the Secretary 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 described in subparagraph (A).
(ii) Disclosures permitted
Subject to clauses (iii) and (iv), the Secretary of the Treasury may disclose information resulting from a data match pursuant 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 security and control policies established by
the Secretary of the Treasury and approved by the Secretary;
(II) subject to audit in a manner satisfactory 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-

§ 653

scribed in subclause (II), based on an
evaluation made by the Secretary of the
Treasury (in consultation with and approved by the Secretary), of the costs
and benefits of such disclosures and the
adequacy of measures used to safeguard
the security and confidentiality of information so disclosed.
(II) Permitted persons or entities
If the Secretary of the Treasury and
the Secretary determine pursuant to
subclause (I) that disclosures to additional persons or entities shall be permitted, information under this paragraph may be disclosed by the Secretary
of the Treasury, in connection with collecting the debt described in subparagraph (A), to a contractor or agent of either 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 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 collecting the debt described in
subparagraph (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 the Treasury shall reimburse the Secretary, in accordance with subsection (k)(3), for the costs incurred by the
Secretary in furnishing the information requested 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 supplemental 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 security account numbers of individuals, the
Secretary shall disclose to the State agency
information on the individuals 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 disclosure would not interfere with the effective operation of the program under this
part.

§ 653

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(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 program 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 security of information obtained under this
paragraph and to ensure that access to
such information is restricted to authorized persons for purposes of authorized
uses and disclosures.
(iii) Penalty for misuse of information
An officer or employee of the State agency who fails to comply with this subparagraph shall be subject to the sanctions
under subsection (l)(2) to the same extent
as if the officer or employee were an officer 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 governing information requests and data matching under this paragraph.
(E) Reimbursement of costs
The State agency shall reimburse the Secretary, 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 veterans benefits
(A) Furnishing of information by Secretary
of Veterans Affairs
Subject to the provisions of this paragraph, the Secretary of Veterans Affairs
shall furnish to the Secretary, on such periodic 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 section 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 regard to the fact that the disability or disabilities are not rated as 100 percent disabling under the rating schedule.

Page 2258

(B) Requirement to seek minimum information
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 described in subparagraph (A).
(C) Duties of the Secretary
(i) Information disclosure
The Secretary, in cooperation with the
Secretary of Veterans Affairs, shall compare information in the National Directory of New Hires with information provided by the Secretary of Veterans Affairs
with respect to individuals described in
subparagraph (A), and shall disclose information in such Directory regarding such
individuals to the Secretary of Veterans
Affairs, 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 extent 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 Veterans 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 subparagraph (B); and
(ii) after removal of personal identifiers,
to conduct analyses of the employment
and income reporting of individuals described in subparagraph (A).
(E) Reimbursement of HHS costs
The Secretary of Veterans Affairs shall reimburse 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 individual (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 December 26, 2007, and ending on November
18, 2011.
(ii) During the period beginning on September 30, 2013, and ending 180 days after
that date.
(k) Fees
(1) For SSA verification
The Secretary shall reimburse the Commissioner of Social Security, at a rate negotiated

Page 2259

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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 incurred by State directories of new hires in furnishing information as required by section
653a(g)(2) of this title, at rates which the Secretary 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 Federal agencies
A State or Federal agency that receives information from the Secretary pursuant to this
section or section 652(m) of this title shall reimburse 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, maintaining, and comparing the information).
(l) Restriction on disclosure and use
(1) In general
Information in the Federal Parent Locator
Service, and information resulting from comparisons 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 National Directory of New Hires
The Secretary shall require the imposition
of an administrative penalty (up to and including dismissal from employment), and a
fine of $1,000, for each act of unauthorized access to, disclosure of, or use of, information in
the National Directory of New Hires established 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 established 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 information in the Federal Parent Locator Service to
authorized persons, and restrict use of such information to authorized purposes.
(n) Federal Government reporting
Each department, agency, and instrumentality of the United States shall on a quarterly
basis report to the Federal Parent Locator Service 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 employee of a department, agency, or instrumentality performing intelligence or counterintelligence functions, if the head of such depart-

§ 653

ment, agency, or instrumentality has determined that filing such a report could endanger
the safety of the employee or compromise an ongoing 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 during the immediately preceding fiscal year (as determined 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 appropriated under this paragraph 1 for fiscal year
2002, whichever is greater, which shall be available for use by the Secretary, either directly or
through grants, contracts, or interagency agreements, for operation of the Federal Parent Locator 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 reimbursement, 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.
1 So

in original. Probably should be ‘‘subsection’’.

§ 653

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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.)
Editorial Notes
REFERENCES IN TEXT
The Internal Revenue Code of 1986, referred to in subsecs. (h)(3), (i)(3), and (l), is classified generally to Title
26, Internal Revenue Code.
The Higher Education Act of 1965, referred to in subsec. (j)(6)(A), (E), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat.
1219. Title IV of the Act is classified generally to subchapter IV (§ 1070 et seq.) of chapter 28 of Title 20, Education. Part B of title IV of the Act is classified generally to part B (§ 1071 et seq.) of subchapter IV of chapter 28 of Title 20. For complete classification of this
Act to the Code, see Short Title note set out under section 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, and amended, which is classified generally to chapter 8 (§ 1437 et seq.) of this title. For complete classification 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
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 tribal’’ after ‘‘State’’ wherever appearing.
Subsec. (j)(10). Pub. L. 113–79 substituted ‘‘supplemental 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 amendment, 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 Nutrition 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), redesignated par. (7) relating to information comparisons and
disclosure to assist in Federal debt collection as (9).

Page 2260

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 section’’.
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) relating to information comparisons and disclosure to assist 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 ‘‘obligations,’’.
Subsec. (a)(2)(A)(iv). Pub. L. 105–200, § 410(d)(3), realigned margins.
Subsec. (i)(2). Pub. L. 105–200, § 402(b), amended heading 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), designated 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 defined in subsection (c) of this section), for the purpose
of establishing parentage, establishing, setting the
amount of, modifying, or enforcing child support obligations, or enforcing child custody or visitation orders—’’, 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 support 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 orders,’’ 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 subsec. (b) generally, revising and restating former provisions relating to disclosure of information to authorized persons as pars. (1) to (3).
Subsec. (c)(1). Pub. L. 105–33, § 5534(a)(3)(A), struck
out ‘‘or to seek to enforce orders providing child custody 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

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

an order’’ after ‘‘authority to issue an order’’ and
struck out ‘‘or to issue an order against a resident parent for child custody or visitation rights’’ after ‘‘maintenance 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 information 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 respect 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), substituted ‘‘components’’ for ‘‘registries’’.
Subsec. (j)(5). Pub. L. 105–33, § 5535(a), inserted ‘‘data
in each component of the Federal Parent Locator Service maintained under this section and to’’ before ‘‘information’’.
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 incurred by the Secretary’’ and inserted at end ‘‘Amounts
appropriated under this subsection for each of fiscal
years 1997 through 2001 shall remain available until expended.’’
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’’, substituted ‘‘, for the purpose of establishing parentage,
establishing, setting the amount of, modifying, or enforcing child support obligations, or enforcing child
custody or visitation orders—’’ for ‘‘information as to
the whereabouts of any absent parent when such information is to be used to locate such parent for the purpose of enforcing support obligations against such parent.’’, and added pars. (1) to (3).
Subsec. (b). Pub. L. 104–193, § 316(a)(2), (e)(1), substituted ‘‘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 violence or child abuse and the disclosure of such information could be harmful to the custodial parent or the
child of such parent. Information received or transmitted 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), substituted ‘‘a noncustodial parent’’ for ‘‘an absent parent’’.

§ 653

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 reasonable payment for the information exchange (which
amount shall not include payment for the costs of obtaining, 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 subsecs. (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), substituted ‘‘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 individual involved has more than one such number)
and’’.
Subsec. (b)(1). Pub. L. 98–369, § 2663(j)(2)(B)(ix), substituted ‘‘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 determining 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 otherwise 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.’’
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.

§ 653a

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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 Responsibility 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 effective 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 entitlement 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 amendments made by subsections (a) and (b) [amending this
section and sections 503 and 504 of this title] shall become 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, except 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 Secretary of Health and Human Services shall notify the
Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate 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 Representatives and the Committee on Finance of the Senate of such purpose.’’

Page 2262

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 Secretary of Health and Human Services shall submit to
the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report on the accuracy of the data maintained by
the National Directory of New Hires pursuant to section 453(i) of the Social Security Act [42 U.S.C. 653(i)],
and the effectiveness of the procedures designed to provide 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 Treasury and the Secretary of Health and Human Services
shall consult regarding the implementation issues resulting 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 Congress 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 directories 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 methods 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 cooperate 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 directory
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 supplied in accordance with subsection (b) by
employers on each newly hired employee.
(B) States with new hire reporting law in existence
A State which has a new hire reporting
law in existence on August 22, 1996, may continue to operate under the State law, but the
State must meet the requirements of subsection (g)(2) not later than October 1, 1997,
and the requirements of this section (other