Sec. 316. EXPANSION OF THE FEDERAL PARENT LOCATOR SERVICE
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## SEC. 316 EXPANSION OF THE FEDERAL PARENT LOCATOR SERVICE ###
(a)Expanded Authority To Locate Individuals and Assets Section 453 (42 U.S.C. 653) is amended— ####
(1)in subsection (a), by striking all that follows “ subsection (c)) ” and inserting ``, for the purpose of establishing parentage, establishing, setting the amount of, modifying, or enforcing child support obligations, or enforcing child custody or visitation orders— > > #### “(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 indi-vidual.” > ; and ####
(2)in subsection (b)— #####
(A)in the matter preceding paragraph (1), by striking “social security” and all that follows through “absent parent” and inserting “information described in subsection (a)”; and #####
(B)in the flush paragraph at the end, by adding the following: “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 454(26).”. ###
(b)Authorized Person for Information Regarding Visitation Rights Section 453(c) (42 U.S.C. 653(c)) is amended— ####
(1)in paragraph (1), by striking “support” and inserting “support or to seek to enforce orders providing child custody or visitation rights”; and ####
(2)in paragraph (2), by striking “, or any agent of such court; and” and inserting “or to issue an order against a resident parent for child custody or visitation rights, or any agent of such court;”. ###
(c)Reimbursement for Information From Federal Agencies Section 453(e)(2) (42 U.S.C. 653(e)(2)) is amended in the 4th sentence by inserting “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)” before the period. ###
(d)Reimbursement for Reports by State Agencies Section 453 (42 U.S.C. 653) is amended by adding at the end the following new subsection: > > ### “(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).” > . ###
(e)Conforming Amendments ####
(1)Sections 452(a)(9), 453(a), 453(b), 463(a), 463(e), and 463(f) (42 U.S.C. 652(a)(9), 653(a), 653(b), 663(a), 663(e), and 663(f)) are each amended by inserting “Federal” before “Parent” each place such term appears. ####
(2)Section 453 (42 U.S.C. 653) is amended in the heading by adding “federal” before “parent”. ###
(f)New Components Section 453 (42 U.S.C. 653), as amended by subsection
(d)of this section, is amended by adding at the end the following new subsections: > > ### “(h) Federal Case Registry of Child Support Orders > > > #### “(1) In general > > Not later than October 1, 1998, in order to assist States in administering programs under State plans approved under this part and programs funded under part A, and for the other purposes specified in this section, the Secretary shall establish and maintain in the Federal Parent Locator Service an automated registry (which shall be known as the ‘Federal Case Registry of Child Support Orders’), which shall contain abstracts of support orders and other information described in paragraph
(2)with respect to each case in each State case registry maintained pursuant to section 454A(e), as furnished (and regularly updated), pursuant to section 454A(f), by State agencies administering programs under this part. > > > #### “(2) Case information > > The information referred to in paragraph
(1)with respect to a case 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. > > > ### “(i) National Directory of New Hires > > > #### “(1) In general > > In order to assist States in administering programs under State plans approved under this part and programs funded under part A, and for the other purposes specified in this section, the Secretary shall, not later than October 1, 1997, establish and maintain in the Federal Parent Locator Service an automated directory to be known as the National Directory of New Hires, which shall contain the information supplied pursuant to section 453A(g)(2). > > > #### “(2) Entry of data > > 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 453A(g)(2). > > > #### “(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 453A(b)(1)(B), 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 title 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, 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 registries 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 information reported by employers pursuant to section 453A(b) for research purposes found by the Secretary to be likely to contribute to achieving the purposes of part A or this part, but without personal identifiers. > > > ### “(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). > > > #### “(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 subsection (j)(3), 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 > > 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. > > > ### “(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.” > . ###
(g)Conforming Amendments ####
(1)To part d of title iv of the social security act #####
(A)Section 454(8)(B) (42 U.S.C. 654(8)(B)) is amended to read as follows: > > ##### “(B) > > the Federal Parent Locator Service established under section 453;” > . #####
(B)Section 454(13) (42 U.S.C.654(13)) is amended by inserting “and provide that information requests by parents who are residents of other States be treated with the same priority as requests by parents who are residents of the State submitting the plan” before the semicolon. ####
(2)To federal unemployment tax act Section 3304(a)(16) of the Internal Revenue Code of 1986 is amended— #####
(A)by striking “Secretary of Health, Education, and Welfare” each place such term appears and inserting “Secretary of Health and Human Services”; #####
(B)in subparagraph (B), by striking “such information” and all that follows and inserting “information furnished under subparagraph
(A)or
(B)is used only for the purposes authorized under such subparagraph;”; #####
(C)by striking “and” at the end of subparagraph (A); #####
(D)by redesignating subparagraph
(B)as subparagraph (C); and #####
(E)by inserting after subparagraph
(A)the following new subparagraph: > > ##### “(B) > > wage and unemployment compensation information contained in the records of such agency shall be furnished to the Secretary of Health and Human Services (in accordance with regulations promulgated by such Secretary) as necessary for the purposes of the National Directory of New Hires established under section 453(i) of the Social Security Act, and” > . ####
(3)To state grant program under title iii of the social security act Subsection
(h)of section 303 (42 U.S.C. 503) is amended to read as follows: > > ### “(h) > > > ####
(1)> > The State agency charged with the administration of the State law shall, on a reimbursable basis— > > > ##### “(A) > > disclose quarterly, to the Secretary of Health and Human Services, wage and claim information, as required pursuant to section 453(i)(1), contained in the records of such agency; > > > ##### “(B) > > ensure that information provided pursuant to subparagraph
(A)meets such standards relating to correctness and verification as the Secretary of Health and Human Services, with the concurrence of the Secretary of Labor, may find necessary; and > > > ##### “(C) > > establish such safeguards as the Secretary of Labor determines are necessary to insure that information disclosed under subparagraph
(A)is used only for purposes of section 453(i)(1) in carrying out the child support enforcement program under title IV. > > > #### “(2) > > Whenever the Secretary of Labor, after reasonable notice and opportunity for hearing to the State agency charged with the administration of the State law, finds that there is a failure to comply substantially with the requirements of paragraph (1), the Secretary of Labor shall notify such State agency that further payments will not be made to the State until the Secretary of Labor is satisfied that there is no longer any such failure. Until the Secretary of Labor is so satisfied, the Secretary shall make no future certification to the Secretary of the Treasury with respect to the State. > > > #### “(3) > > For purposes of this subsection— > > > ##### “(A) > > the term ‘**wage information**’ means information regarding wages paid to an individual, the social security account number of such individual, and the name, address, State, and the Federal employer identification number of the employer paying such wages to such individual; and > > > ##### “(B) > > the term ‘**claim information**’ means information regarding whether an individual is receiving, has received, or has made application for, unemployment compensation, the amount of any such compensation being received (or to be received by such individual), and the individual's current (or most recent) home address.” > . ####
(4)Disclosure of certain information to agents of child support enforcement agencies #####
(A)In general Paragraph
(6)of section 6103(l) of the Internal Revenue Code of 1986 (relating to disclosure of return information to Federal, State, and local child support enforcement agencies) is amended by redesignating subparagraph
(B)as subparagraph
(C)and by inserting after subparagraph
(A)the following new subparagraph: > > ##### “(B) Disclosure to certain agents > > The following information disclosed to any child support enforcement agency under subparagraph
(A)with respect to any individual with respect to whom child support obligations are sought to be established or enforced may be disclosed by such agency to any agent of such agency which is under contract with such agency to carry out the purposes described in subparagraph (C): > > > ###### “(i) > > The address and social security account number (or numbers) of such individual. > > > ###### “(ii) > > The amount of any reduction under section 6402(c) (relating to offset of past-due support against overpayments) in any overpayment otherwise payable to such individual.” > . #####
(B)Conforming amendments ######
(i)Paragraph
(3)of section 6103(a) of such Code is amended by striking “(l)(12)” and inserting “paragraph
(6)or
(12)of subsection (l)”. ######
(ii)Subparagraph
(C)of section 6103(l)(6) of such Code, as redesignated by subsection (a), is amended to read as follows: > > ##### “(C) Restriction on disclosure > > Information may be disclosed under this paragraph only for purposes of, and to the extent necessary in, establishing and collecting child support obligations from, and locating, individuals owing such obligations.” > . ######
(iii)The material following subparagraph
(F)of section 6103(p)(4) of such Code is amended by striking “subsection (l)(12)(B)” and inserting “paragraph (6)(A) or (12)(B) of subsection (l)”. ###
(h)Requirement for Cooperation **[**[42 U.S.C. 653 note](/us/usc/t42/s653)**]** 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. 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.
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