
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: 42USC654a]

 
                 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. 654a. Automated data processing


(a) In general

    In order for a State to meet the requirements of this section, the 
State agency administering the State program under this part shall have 
in operation a single statewide automated data processing and 
information retrieval system which has the capability to perform the 
tasks specified in this section with the frequency and in the manner 
required by or under this part.

(b) Program management

    The automated system required by this section shall perform such 
functions as the Secretary may specify relating to management of the 
State program under this part, including--
        (1) controlling and accounting for use of Federal, State, and 
    local funds in carrying out the program; and
        (2) maintaining the data necessary to meet Federal reporting 
    requirements under this part on a timely basis.

(c) Calculation of performance indicators

    In order to enable the Secretary to determine the incentive payments 
and penalty adjustments required by sections 652(g) and 658 of this 
title, the State agency shall--
        (1) use the automated system--
            (A) to maintain the requisite data on State performance with 
        respect to paternity establishment and child support enforcement 
        in the State; and
            (B) to calculate the paternity establishment percentage for 
        the State for each fiscal year; and

        (2) have in place systems controls to ensure the completeness 
    and reliability of, and ready access to, the data described in 
    paragraph (1)(A), and the accuracy of the calculations described in 
    paragraph (1)(B).

(d) Information integrity and security

    The State agency shall have in effect safeguards on the integrity, 
accuracy, and completeness of, access to, and use of data in the 
automated system required by this section, which shall include the 
following (in addition to such other safeguards as the Secretary may 
specify in regulations):

                   (1) Policies restricting access

        Written policies concerning access to data by State agency 
    personnel, and sharing of data with other persons, which--
            (A) permit access to and use of data only to the extent 
        necessary to carry out the State program under this part; and
            (B) specify the data which may be used for particular 
        program purposes, and the personnel permitted access to such 
        data.

                        (2) Systems controls

        Systems controls (such as passwords or blocking of fields) to 
    ensure strict adherence to the policies described in paragraph (1).

                      (3) Monitoring of access

        Routine monitoring of access to and use of the automated system, 
    through methods such as audit trails and feedback mechanisms, to 
    guard against and promptly identify unauthorized access or use.

                    (4) Training and information

        Procedures to ensure that all personnel (including State and 
    local agency staff and contractors) who may have access to or be 
    required to use confidential program data are informed of applicable 
    requirements and penalties (including those in section 6103 of the 
    Internal Revenue Code of 1986), and are adequately trained in 
    security procedures.

                            (5) Penalties

        Administrative penalties (up to and including dismissal from 
    employment) for unauthorized access to, or disclosure or use of, 
    confidential data.

(e) State case registry

                            (1) Contents

        The automated system required by this section shall include a 
    registry (which shall be known as the ``State case registry'') that 
    contains records with respect to--
            (A) each case in which services are being provided by the 
        State agency under the State plan approved under this part; and
            (B) each support order established or modified in the State 
        on or after October 1, 1998.

                   (2) Linking of local registries

        The State case registry may be established by linking local case 
    registries of support orders through an automated information 
    network, subject to this section.

                (3) Use of standardized data elements

        Such records shall use standardized data elements for both 
    parents (such as names, social security numbers and other uniform 
    identification numbers, dates of birth, and case identification 
    numbers), and contain such other information (such as on case 
    status) as the Secretary may require.

                         (4) Payment records

        Each case record in the State case registry with respect to 
    which services are being provided under the State plan approved 
    under this part and with respect to which a support order has been 
    established shall include a record of--
            (A) the amount of monthly (or other periodic) support owed 
        under the order, and other amounts (including arrearages, 
        interest or late payment penalties, and fees) due or overdue 
        under the order;
            (B) any amount described in subparagraph (A) that has been 
        collected;
            (C) the distribution of such collected amounts;
            (D) the birth date and, beginning not later than October 1, 
        1999, the social security number, of any child for whom the 
        order requires the provision of support; and
            (E) the amount of any lien imposed with respect to the order 
        pursuant to section 666(a)(4) of this title.

                     (5) Updating and monitoring

        The State agency operating the automated system required by this 
    section shall promptly establish and update, maintain, and regularly 
    monitor, case records in the State case registry with respect to 
    which services are being provided under the State plan approved 
    under this part, on the basis of--
            (A) information on administrative actions and administrative 
        and judicial proceedings and orders relating to paternity and 
        support;
            (B) information obtained from comparison with Federal, 
        State, or local sources of information;
            (C) information on support collections and distributions; 
        and
            (D) any other relevant information.

(f) Information comparisons and other disclosures of information

    The State shall use the automated system required by this section to 
extract information from (at such times, and in such standardized format 
or formats, as may be required by the Secretary), to share and compare 
information with, and to receive information from, other data bases and 
information comparison services, in order to obtain (or provide) 
information necessary to enable the State agency (or the Secretary or 
other State or Federal agencies) to carry out this part, subject to 
section 6103 of the Internal Revenue Code of 1986. Such information 
comparison activities shall include the following:

          (1) Federal Case Registry of Child Support Orders

        Furnishing to the Federal Case Registry of Child Support Orders 
    established under section 653(h) of this title (and update as 
    necessary, with information including notice of expiration of 
    orders) the minimum amount of information on child support cases 
    recorded in the State case registry that is necessary to operate the 
    registry (as specified by the Secretary in regulations).

                 (2) Federal Parent Locator Service

        Exchanging information with the Federal Parent Locator Service 
    for the purposes specified in section 653 of this title.

        (3) Temporary family assistance and medicaid agencies

        Exchanging information with State agencies (of the State and of 
    other States) administering programs funded under part A of this 
    subchapter, programs operated under a State plan approved under 
    subchapter XIX of this chapter, and other programs designated by the 
    Secretary, as necessary to perform State agency responsibilities 
    under this part and under such programs.

        (4) Intrastate and interstate information comparisons

        Exchanging information with other agencies of the State, 
    agencies of other States, and interstate information networks, as 
    necessary and appropriate to carry out (or assist other States to 
    carry out) the purposes of this part.

      (5) Private industry councils receiving welfare-to-work 
                                   grants

        Disclosing to a private industry council (as defined in section 
    603(a)(5)(D)(ii) of this title) to which funds are provided under 
    section 603(a)(5) of this title the names, addresses, telephone 
    numbers, and identifying case number information in the State 
    program funded under part A of this subchapter, of noncustodial 
    parents residing in the service delivery area of the private 
    industry council, for the purpose of identifying and contacting 
    noncustodial parents regarding participation in the program under 
    section 603(a)(5) of this title.

(g) Collection and distribution of support payments

                           (1) In general

        The State shall use the automated system required by this 
    section, to the maximum extent feasible, to assist and facilitate 
    the collection and disbursement of support payments through the 
    State disbursement unit operated under section 654b of this title, 
    through the performance of functions, including, at a minimum--
            (A) transmission of orders and notices to employers (and 
        other debtors) for the withholding of income--
                (i) within 2 business days after receipt of notice of, 
            and the income source subject to, such withholding from a 
            court, another State, an employer, the Federal Parent 
            Locator Service, or another source recognized by the State; 
            and
                (ii) using uniform formats prescribed by the Secretary;

            (B) ongoing monitoring to promptly identify failures to make 
        timely payment of support; and
            (C) automatic use of enforcement procedures (including 
        procedures authorized pursuant to section 666(c) of this title) 
        if payments are not timely made.

                    (2) ``Business day'' defined

        As used in paragraph (1), the term ``business day'' means a day 
    on which State offices are open for regular business.

(h) Expedited administrative procedures

    The automated system required by this section shall be used, to the 
maximum extent feasible, to implement the expedited administrative 
procedures required by section 666(c) of this title.

(Aug. 14, 1935, ch. 531, title IV, Sec. 454A, as added and amended Pub. 
L. 104-193, title III, Secs. 311, 312(c), 325(b), 344(a)(2), Aug. 22, 
1996, 110 Stat. 2205, 2208, 2226, 2235; Pub. L. 105-34, title X, 
Sec. 1090(a)(1), Aug. 5, 1997, 111 Stat. 961; Pub. L. 106-113, div. B, 
Sec. 1000(a)(4) [title VIII, Sec. 805(a)(1)], Nov. 29, 1999, 113 Stat. 
1535, 1501A-285.)

                       References in Text

    The Internal Revenue Code of 1986, referred to in subsecs. (d)(4) 
and (f), is classified generally to Title 26, Internal Revenue Code.
    Part A of this subchapter, referred to in subsec. (f)(3), (5), is 
classified to section 601 et seq. of this title.


                               Amendments

    1999--Subsec. (f)(5). Pub. L. 106-113 added par. (5).
    1997--Subsec. (e)(4)(D). Pub. L. 105-34 substituted ``the birth date 
and, beginning not later than October 1, 1999, the social security 
number, of any child'' for ``the birth date of any child''.
    1996--Subsecs. (e), (f). Pub. L. 104-193, Sec. 311, added subsecs. 
(e) and (f).
    Subsec. (g). Pub. L. 104-193, Sec. 312(c), added subsec. (g).
    Subsec. (h). Pub. L. 104-193, Sec. 325(b), added subsec. (h).


                    Effective Date of 1997 Amendment

    Amendment by Pub. L. 105-34 effective Oct. 1, 1998, see section 
1090(a)(4) of Pub. L. 105-34, set out as a note under section 653 of 
this title.


                    Effective Date of 1996 Amendment

    Amendment by section 312(c) of Pub. L. 104-193 effective Oct. 1, 
1998, with limited exception for States which, as of Aug. 22, 1996, were 
processing the receipt of child support payments through local courts, 
see section 312(d) of Pub. L. 104-193, set out as an Effective Date note 
under section 654b of this title.


                             Effective Date

    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 an 
Effective Date of 1996 Amendment note under section 654 of this title.


                               Regulations

    Section 344(a)(3) of Pub. L. 104-193 provided that: ``The Secretary 
of Health and Human Services shall prescribe final regulations for 
implementation of section 454A of the Social Security Act [this section] 
not later than 2 years after the date of the enactment of this Act [Aug. 
22, 1996].''

                  Section Referred to in Other Sections

    This section is referred to in sections 603, 652, 653, 654, 654b, 
655 of this title.
