§ 653. — Federal Parent Locator Service.
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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 42USC653]
TITLE 42--THE PUBLIC HEALTH AND WELFARE
CHAPTER 7--SOCIAL SECURITY
SUBCHAPTER IV--GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES
WITH CHILDREN AND FOR CHILD-WELFARE SERVICES
Part D--Child Support and Establishment of Paternity
Sec. 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) of this
section--
(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 this
section, of any authorized person, as defined in subsection (c) of this
section for the information described in subsection (a)(2) of this
section, 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) of this section, from any other department, agency,
or instrumentality 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
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) of this section. 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) of this section, the term ``authorized
person'' means--
(1) any agent or attorney of any State 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 of this subchapter) (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; and
(4) a State agency that is administering a program operated
under a State plan under subpart 1 of part B of this subchapter, or
a State plan approved under subpart 2 of part B of this subchapter
or under part E of this subchapter.
(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) of this section which he is reasonably satisfied meets
the criteria established by subsections (a), (b), and (c) of this
section, 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) of this section, 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.
(f) Arrangements and cooperation with State agencies
The Secretary, in carrying out his duties and functions under this
section, shall enter into arrangements with State agencies administering
State plans approved under this part for such State agencies to accept
from resident parents, legal guardians, or agents of a child described
in subsection (c)(3) of this section 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 of this subchapter, 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.
(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 of
this subchapter, 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) of this section.
(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 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 and
programs funded under part A of this subchapter, 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 of this subchapter
or this part, but without personal identifiers.
(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., 42
U.S.C. 2751 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.
(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., 42 U.S.C. 2751 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) of this section, for the
additional costs incurred by the Secretary in furnishing the
information requested under this subparagraph.
(k) Fees
(1) For SSA verification
The Secretary shall reimburse the Commissioner of Social
Security, at a rate negotiated between the Secretary and the
Commissioner, for the costs incurred by the Commissioner in
performing the verification services described in subsection (j) of
this section.
(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 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) of this section 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 department, 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), 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 for each of fiscal years 1997 through
2001 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, Sec. 453, as added Pub. L. 93-647,
Sec. 101(a), Jan. 4, 1975, 88 Stat. 2353; amended Pub. L. 97-35, title
XXIII, Sec. 2332(c), Aug. 13, 1981, 95 Stat. 862; Pub. L. 98-369, div.
B, title VI, Sec. 2663(c)(13), (j)(2)(B)(ix), July 18, 1984, 98 Stat.
1166, 1170; Pub. L. 98-378, Secs. 17, 19(a), Aug. 16, 1984, 98 Stat.
1321, 1322; Pub. L. 100-485, title I, Sec. 124(a), Oct. 13, 1988, 102
Stat. 2353; Pub. L. 104-193, title I, Sec. 108(c)(10), title III,
Secs. 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, Sec. 101(e) [title II, Sec. 215], Sept. 30, 1996, 110 Stat. 3009-233,
3009-255; Pub. L. 105-33, title V, Secs. 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, Sec. 1090(a)(2), Aug. 5, 1997, 111 Stat. 961; Pub. L.
105-89, title I, Sec. 105, Nov. 19, 1997, 111 Stat. 2120; Pub. L. 105-
200, title IV, Secs. 402(a), (b), 410(d), July 16, 1998, 112 Stat. 668,
669, 673; Pub. L. 106-113, div. B, Sec. 1000(a)(5) [title III,
Sec. 303(a), (b)], Nov. 29, 1999, 113 Stat. 1536, 1501A-304, 1501A-306.)
References in Text
Parts A, B, and E of this subchapter, referred to in subsecs.
(c)(3), (4), (h)(1), (i)(1), and (j)(3), (5), are classified to sections
601 et seq., 620 et seq., and 670 et seq., respectively, of this title.
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, as amended. Title
IV of the Act is classified generally to subchapter IV (Sec. 1070 et
seq.) of chapter 28 of Title 20, Education, and part C (Sec. 2751 et
seq.) of subchapter I of chapter 34 of this title. Part B of title IV of
the Act is classified generally to part B (Sec. 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.
Amendments
1999--Subsec. (j)(6). Pub. L. 106-113, Sec. 1000(a)(5) [title III,
Sec. 303(a)], added par. (6).
Subsec. (l)(2). Pub. L. 106-113, Sec. 1000(a)(5) [title III,
Sec. 303(b)], amended Pub. L. 105-200, Sec. 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, Sec. 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, Sec. 410(d)(3), realigned
margins.
Subsec. (i)(2). Pub. L. 106-200, Sec. 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, Sec. 402(a), as amended by Pub. L.
106-113, Sec. 1000(a)(5) [title III, Sec. 303(b)], designated existing
provisions as par. (1), inserted heading, and added par. (2).
1997--Subsec. (a). Pub. L. 105-33, Sec. 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, Sec. 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, Sec. 105(1)(B), added cl.
(iv).
Subsec. (b). Pub. L. 105-33, Sec. 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, Sec. 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, Sec. 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 parent for child custody or visitation rights'' after
``maintenance of a child''.
Subsec. (c)(4). Pub. L. 105-89, Sec. 105(2), added par. (4).
Subsec. (h)(1). Pub. L. 105-33, Sec. 5553(1), inserted ``and order''
after ``with respect to each case''.
Subsec. (h)(2). Pub. L. 105-34, Sec. 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, Sec. 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, Sec. 1090(a)(2)(B), added par. (3).
Subsec. (j)(3)(B). Pub. L. 105-33, Sec. 5535(b)(1), substituted
``components'' for ``registries''.
Subsec. (j)(5). Pub. L. 105-33, Sec. 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, Sec. 5535(b)(2), substituted
``section 653a(g)(2) of this title'' for ``subsection (j)(3) of this
section''.
Subsec. (o). Pub. L. 105-33, Sec. 5556(c), amended Pub. L. 104-208,
Sec. 101(e) [title II, Sec. 215], generally. See 1996 Amendment note
below.
Pub. L. 105-34, Sec. 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, Sec. 5543, substituted ``of the
parent'' for ``a child and the parent''.
1996--Pub. L. 104-193, Sec. 316(e)(2), inserted ``Federal'' before
``Parent Locator Service'' in section catchline.
Subsec. (a). Pub. L. 104-193, Sec. 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, Sec. 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, Sec. 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, Secs. 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, Sec. 395(d)(2)(A), substituted ``a
noncustodial parent'' for ``an absent parent''.
Pub. L. 104-193, Sec. 108(c)(10), substituted ``assistance under a
State program funded under part A of this subchapter'' for ``aid under
part A of this subchapter''.
Subsec. (e)(2). Pub. L. 104-193, Sec. 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, Sec. 395(d)(1)(C), substituted
``noncustodial'' for ``absent''.
Subsec. (g). Pub. L. 104-193, Sec. 316(d), added subsec. (g).
Subsecs. (h) to (n). Pub. L. 104-193, Sec. 316(f), added subsecs.
(h) to (n).
Subsec. (o). Pub. L. 104-208, title I, Sec. 101(e) [title II,
Sec. 215], as amended by Pub. L. 105-33, Sec. 5556(c), substituted ``a
plan approved under this part'' for ``section 657(a) of this title''.
Pub. L. 104-193, Sec. 345(a), added subsec. (o).
Subsec. (p). Pub. L. 104-193, Sec. 366, added subsec. (p).
1988--Subsec. (e)(3). Pub. L. 100-485 added par. (3).
1984--Subsec. (b). Pub. L. 98-378, Sec. 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, Sec. 2663(j)(2)(B)(ix), substituted
``Health and Human Services'' for ``Health, Education, and Welfare''.
Subsec. (b)(2). Pub. L. 98-369, Sec. 2663(c)(13), substituted ``of
the United States'' for ``, or the United States''.
Subsec. (f). Pub. L. 98-378, Sec. 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''.
Effective Date of 1999 Amendment
Pub. L. 106-113, div. B, Sec. 1000(a)(5) [title III, Sec. 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, Sec. 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 Amendments
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.
Section 1090(a)(4) of Pub. L. 105-34 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, Sec. 215] of Pub.
L. 104-208 were effective Oct. 1, 1995, see section 101(e) [title II,
Sec. 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
Section 124(c) of Pub. L. 100-485 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, Sec. 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.''
Report on Data Maintained by National Directory of New Hires
Pub. L. 105-200, title IV, Sec. 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 [subsec. (i)
of this section], 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
Section 1090(a)(3) of Pub. L. 105-34 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
Section 316(h) of title III of Pub. L. 104-193 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 (Secs. 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 Agencies To Facilitate Payment of Child Support
For provisions requiring Federal agencies to cooperate with Federal
Parent Locator Service, see Ex. Ord. No. 12953, Sec. 303, Feb. 27, 1995,
60 F.R. 11014, set out as a note under section 659 of this title.
Section Referred to in Other Sections
This section is referred to in sections 503, 652, 653a, 654, 654a,
663, 11602 of this title; title 10 section 1408; title 26 sections 3304,
6213.