Sec. 344. AUTOMATED DATA PROCESSING REQUIREMENTS

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## SEC. 344 AUTOMATED DATA PROCESSING REQUIREMENTS ###

(a)Revised Requirements ####

(1)In general Section 454(16) (42 U.S.C. 654(16)) is amended— #####

(A)by striking “, at the option of the State,”; #####

(B)by inserting “and operation by the State agency” after “for the establishment”; #####

(C)by inserting “meeting the requirements of section 454A” after “information retrieval system”; #####

(D)by striking “in the State and localities thereof, so as (A)” and inserting “so as”; #####

(E)by striking “(i)”; and #####

(F)by striking “(including” the first place such term appears and all that follows and inserting a semicolon. ####

(2)Automated data processing Part D of title IV (42 U.S.C. 651–669) is amended by inserting after section 454 the following new section: > > ## “SEC. 454A 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 452(g) and 458, 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 com-pleteness 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.” > . ####

(3)Regulations **[**[42 U.S.C. 654a note](/us/usc/t42/s654a)**]** The Secretary of Health and Human Services shall prescribe final regulations for implementation of section 454A of the Social Security Act not later than 2 years after the date of the enactment of this Act. ####

(4)Implementation timetable Section 454(24) (42 U.S.C. 654(24)), as amended by section 303(a)(1) of this Act, is amended to read as follows: > > #### “(24) > > provide that the State will have in effect an automated data processing and information retrieval system— > > > ##### “(A) > > by October 1, 1997, which meets all require-ments of this part which were enacted on or before the date of enactment of the Family Support Act of 1988, and > > > ##### “(B) > > by October 1, 2000, which meets all require-ments of this part enacted on or before the date of the enactment of the Personal Responsibility and Work Opportunity Act of 1996, except that such deadline shall be extended by 1 day for each day (if any) by which the Secretary fails to meet the deadline imposed by section 344(a)(3) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996;” > . ###

(b)Special Federal Matching Rate for Development Costs of Automated Systems ####

(1)In general Section 455(a) (42 U.S.C. 655(a)) is amended— #####

(A)in paragraph (1), by striking subparagraph

(B)and inserting the following: > > ##### “(B) > > equal to the percent specified in paragraph

(3)of the sums expended during such quarter that are attributable to the planning, design, development, installation or enhancement of an automatic data processing and information retrieval system (including in such sums the full cost of the hardware components of such system); and” > ; and #####

(B)by adding at the end the following new paragraph: > > #### “(3) > > > #####

(A)> > The Secretary shall pay to each State, for each quarter in fiscal years 1996 and 1997, 90 percent of so much of the State expenditures described in paragraph (1)(B) as the Secretary finds are for a system meeting the requirements specified in section 454(16) (as in effect on September 30, 1995) but limited to the amount approved for States in the advance planning documents of such States submitted on or before September 30, 1995. > > > ##### “(B) > > > ######

(i)> > The Secretary shall pay to each State, for each quarter in fiscal years 1996 through 2001, the percentage specified in clause

(ii)of so much of the State expenditures described in paragraph (1)(B) as the Secretary finds are for a system meeting the requirements of sections 454(16) and 454A. > > > ###### “(ii) > > The percentage specified in this clause is 80 percent.” > . ####

(2)Temporary limitation on payments under special federal matching rate **[**[42 U.S.C. 655 note](/us/usc/t42/s655)**]** #####

(A)In general The Secretary of Health and Human Services may not pay more than $400,000,000 in the aggregate under section 455(a)(3)(B) of the Social Security Act for fiscal years 1996 through 2001. #####

(B)Allocation of limitation among states The total amount payable to a State or a system described in subparagraph

(C)under section 455(a)(3)(B) of such Act for fiscal years 1996 through 2001 shall not exceed the limitation determined for the State or system by the Secretary of Health and Human Services in regulations. #####

(C)Allocation formula The regulations referred to in subparagraph

(B)shall prescribe a formula for allocating the amount specified in subparagraph

(A)among States with plans approved under part D of title IV of the Social Security Act, and among systems that have been approved by the Secretary to receive enhanced funding pursuant to the Family Support Act of 1988 (Public Law 100–485; 102 Stat. 2343) for the purpose of developing a system that meets the requirements of sections 454(16) (as in effect on and after September 30, 1995) and 454A1, including systems that have received funding for such purpose pursuant to a waiver under section 1115(a)2, which shall take into account— 1So in original. Probably should be “454A of the Social Security Act”. 2So in original. Probably should be “1115(a) of such Act”. ######

(i)the relative size of such State and system caseloads under part D of title IV of the Social Security Act; and ######

(ii)the level of automation needed to meet the automated data processing requirements of such part. ###

(c)Conforming Amendment Section 123(c) of the Family Support Act of 1988 (102 Stat. 2352; Public Law 100–485) is repealed.

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