42 U.S.C. § 653 : The Public Health And Welfare — Social Security — Grants To States For Aid And Services To Needy Families With Children And For Child-Welfare Services — Child Support And Establishment Of Paternity — Federal Parent Locator Service

References in Text

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. Title IV of the Act is classified generally to subchapter IV (§ 1070 et seq.) of chapter 28 of Title 20, Education. Part B of title IV of the Act is classified generally to part B (§ 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.

The United States Housing Act of 1937, referred to in subsec. (j)(7)(A)(i), is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93–383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653, and amended, which is classified generally to chapter 8 (§ 1437 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1437 of this title and Tables.

The Food and Nutrition Act of 2008, referred to in subsec. (j)(10)(A), is Pub. L. 88–525, Aug. 31, 1964, 78 Stat. 703, which is classified generally to chapter 51 (§ 2011 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 7 and Tables.

Codification

Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

Amendments

2014—Subsec. (c)(1). Pub. L. 113–183, § 302(a), inserted “or Indian tribe or tribal organization (as defined in subsections (e) and (l) of section 5304 of title 25),” after “any State”.

Subsec. (c)(5). Pub. L. 113–183, § 301(b), added par. (5).

Subsec. (f). Pub. L. 113–183, § 302(c), inserted “and tribal” after “State” wherever appearing.

Subsec. (j)(10). Pub. L. 113–79 substituted “supplemental nutrition assistance program benefits” for “food stamp programs” in heading.

Subsec. (k)(3). Pub. L. 113–183, § 301(a)(2), substituted “652(m)” for “652(l)”.

2013—Subsec. (j)(11)(G). Pub. L. 113–37 added subpar. (G) and struck out former subpar. (G). Prior to amendment, text read as follows: “The authority under this paragraph shall expire on November 18, 2011.”

2011—Subsec. (j)(11)(G). Pub. L. 112–37 substituted “November 18, 2011” for “September 30, 2011”.

2008—Subsec. (j)(3). Pub. L. 110–351 inserted “, part B, or part E” after “this part” in introductory provisions.

Subsec. (j)(10)(A). Pub. L. 110–246, § 4002(b)(1)(A), (B), (2)(V), substituted “supplemental nutrition assistance program” for “food stamp program” and “Food and Nutrition Act of 2008” for “Food Stamp Act of 1977”.

2007—Subsec. (j)(11). Pub. L. 110–157 added par. (11).

2006—Subsec. (j)(7), (9). Pub. L. 109–250, § 2(1), redesignated par. (7) relating to information comparisons and disclosure to assist in Federal debt collection as (9).

Subsec. (j)(10). Pub. L. 109–250, § 2(2), added par. (10).

Subsec. (k)(3). Pub. L. 109–171, § 7306(b), inserted “or section 652(l) of this title” after “pursuant to this section”.

Subsec. (o). Pub. L. 109–171, § 7305, inserted “or the amount appropriated under this paragraph for fiscal year 2002, whichever is greater” before “, which shall be available” in first sentence and struck out “for each of fiscal years 1997 through 2001” before “shall remain available” in last sentence.

2004—Subsec. (j)(7). Pub. L. 108–447 added par. (7) relating to information comparisons and disclosure to assist in Federal debt collection.

Pub. L. 108–199 added par. (7) relating to information comparisons for housing assistance programs.

Subsec. (j)(8). Pub. L. 108–295 added par. (8).

1999—Subsec. (j)(6). Pub. L. 106–113, § 1000(a)(5) [title III, § 303(a)], added par. (6).

Subsec. (l)(2). Pub. L. 106–113, § 1000(a)(5) [title III, § 303(b)], amended Pub. L. 105–200, § 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, § 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, § 410(d)(3), realigned margins.

Subsec. (i)(2). Pub. L. 105–200, § 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, § 402(a), as amended by Pub. L. 106–113, § 1000(a)(5) [title III, § 303(b)], designated existing provisions as par. (1), inserted heading, and added par. (2).

1997—Subsec. (a). Pub. L. 105–33, § 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, § 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, § 105(1)(B), added cl. (iv).

Subsec. (b). Pub. L. 105–33, § 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, § 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, § 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, § 105(2), added par. (4).

Subsec. (h)(1). Pub. L. 105–33, § 5553(1), inserted “and order” after “with respect to each case”.

Subsec. (h)(2). Pub. L. 105–34, § 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, § 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, § 1090(a)(2)(B), added par. (3).

Subsec. (j)(3)(B). Pub. L. 105–33, § 5535(b)(1), substituted “components” for “registries”.

Subsec. (j)(5). Pub. L. 105–33, § 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, § 5535(b)(2), substituted “section 653a(g)(2) of this title” for “subsection (j)(3) of this section”.

Subsec. (o). Pub. L. 105–33, § 5556(c), amended Pub. L. 104–208, § 101(e) [title II, § 215], generally. See 1996 Amendment note below.

Pub. L. 105–34, § 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, § 5543, substituted “of the parent” for “a child and the parent”.

1996—Pub. L. 104–193, § 316(e)(2), inserted “Federal” before “Parent Locator Service” in section catchline.

Subsec. (a). Pub. L. 104–193, § 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, § 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, § 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, §§ 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, § 395(d)(2)(A), substituted “a noncustodial parent” for “an absent parent”.

Pub. L. 104–193, § 108(c)(10), substituted “assistance under a State program funded under part A” for “aid under part A of this subchapter”.

Subsec. (e)(2). Pub. L. 104–193, § 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, § 395(d)(1)(C), substituted “noncustodial” for “absent”.

Subsec. (g). Pub. L. 104–193, § 316(d), added subsec. (g).

Subsecs. (h) to (n). Pub. L. 104–193, § 316(f), added subsecs. (h) to (n).

Subsec. (o). Pub. L. 104–208, title I, § 101(e) [title II, § 215], as amended by Pub. L. 105–33, § 5556(c), substituted “a plan approved under this part” for “section 657(a) of this title”.

Pub. L. 104–193, § 345(a), added subsec. (o).

Subsec. (p). Pub. L. 104–193, § 366, added subsec. (p).

1988—Subsec. (e)(3). Pub. L. 100–485 added par. (3).

1984—Subsec. (b). Pub. L. 98–378, § 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, § 2663(j)(2)(B)(ix), substituted “Health and Human Services” for “Health, Education, and Welfare”.

Subsec. (b)(2). Pub. L. 98–369, § 2663(c)(13), substituted “of the United States” for “, or the United States”.

Subsec. (f). Pub. L. 98–378, § 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 2013 Amendment

Amendment by Pub. L. 113–37 effective Oct. 1, 2013, see section 4(a) of Pub. L. 113–37, set out as a note under section 322 of Title 38, Veterans’ Benefits.

Effective Date of 2008 Amendment

Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.

Amendment by section 4002(b)(1)(A), (B), (2)(V) of Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Congress.

Effective Date of 2006 Amendment

Amendment by Pub. L. 109–171 effective as if enacted on Oct. 1, 2005, except as otherwise provided, see section 7701 of Pub. L. 109–171, set out as a note under section 603 of this title.

Effective Date of 1999 Amendment

Pub. L. 106–113, div. B, § 1000(a)(5) [title III, § 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, § 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 Amendment

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.

Pub. L. 105–34, title X, § 1090(a)(4), Aug. 5, 1997, 111 Stat. 962, 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, § 215] of Pub. L. 104–208 were effective Oct. 1, 1995, see section 101(e) [title II, § 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

Pub. L. 100–485, title I, § 124(c), Oct. 13, 1988, 102 Stat. 2353, 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, § 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, § 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 [ 42 U.S.C. 653(i)], 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

Pub. L. 105–34, title X, § 1090(a)(3), Aug. 5, 1997, 111 Stat. 961, 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

Pub. L. 104–193, title III, § 316(h), Aug. 22, 1996, 110 Stat. 2220, 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 (§§ 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, § 303, Feb. 27, 1995, 60 F.R. 11014, set out as a note under section 659 of this title.