
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[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 section 3304.
