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42 U.S.C. § 654aAutomated data processing

submitted 91 years ago by Pub. L. 104-193 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,478 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section requires each State child-support agency to operate one statewide automated system. The system must manage program funds and data, protect confidential information, maintain case records, exchange information, and help collect support.

(a) In general. To meet this section, the State agency administering the State program under this part must operate one statewide automated data-processing and information-retrieval system. The system must be able to perform the tasks in this section as often and in the way this part requires. (b) Program management. The system must perform functions the Secretary specifies for managing the State program, including (1) controlling and accounting for Federal, State, and local funds used for the program and (2) maintaining data needed for timely Federal reports. (c) Performance indicators. To let the Secretary calculate incentive payments and penalty adjustments under sections 652(g) and 658a, the agency must (1) use the system to maintain required State performance data on establishing parentage and enforcing child support and to calculate the State’s paternity-establishment percentage for each fiscal year, and (2) use controls that ensure the data are complete, reliable, and readily available and that the calculations are accurate. (d) Information integrity and security. The agency must protect the integrity, accuracy, and completeness of the system’s data and control access to and use of the data. In addition to regulatory safeguards, it must have: (1) written access policies that allow personnel to use data only as needed for this program and identify which data may be used for each purpose and which personnel may access it; (2) controls such as passwords or blocked fields enforcing those policies; (3) routine monitoring, such as audit trails and feedback, to detect unauthorized access or use quickly; (4) procedures to inform and train all personnel, including State and local staff and contractors, who may access confidential data about requirements and penalties, including Internal Revenue Code section 6103; and (5) administrative penalties, up to dismissal, for unauthorized access, disclosure, or use. (e) State case registry. (1) The system must include a “State case registry” containing records for (A) every case in which the State agency provides services under the approved State plan and (B) every support order established or modified in the State on or after October 1, 1998. (2) The registry may link local support-order registries through an automated network if it follows this section. (3) Records must use standard data elements for both parents, such as names, Social Security numbers and other uniform identification numbers, birth dates, and case numbers, and must contain other information, such as case status, that the Secretary requires. (4) Each record for a case receiving plan services where a support order exists must show: (A) monthly or other periodic support due and other amounts due or overdue, including arrearages, interest, late penalties, and fees; (B) amounts collected; (C) how collected amounts were distributed; (D) each supported child’s birth date and, no later than October 1, 1999, Social Security number; and (E) the amount of any lien imposed under section 666(a)(4). (5) The State agency must promptly create, update, maintain, and regularly monitor these records using (A) information about administrative actions and court or administrative proceedings and orders concerning parentage and support; (B) comparisons with Federal, State, or local information sources; (C) collection and distribution information; and (D) other relevant information. (f) Information comparisons and disclosures. The State must use the system, at the times and in the standard formats the Secretary requires, to extract, share, compare, and receive information from other databases and comparison services. The purpose is to obtain or provide information needed by the State agency, the Secretary, or other State or Federal agencies to carry out this part, subject to Internal Revenue Code section 6103. The activities include: (1) supplying and updating the Federal Case Registry of Child Support Orders with the minimum necessary State-registry information, including notice that an order has expired; (2) exchanging information with the Federal Parent Locator Service for section 653 purposes; (3) exchanging information with State agencies in this and other States that run temporary family assistance, Medicaid, or other programs designated by the Secretary, as needed for their duties; (4) exchanging information with State agencies, agencies in other States, and interstate networks as needed and appropriate for this part or to help other States; and (5) giving a private industry council receiving welfare-to-work funds the names, addresses, phone numbers, and identifying case numbers of noncustodial parents in its service area who are in the State program funded under part A, so the council can identify and contact them about participation in that program. (g) Collection and distribution. (1) The State must use the system to help collect and pay support through the State disbursement unit. At minimum, the system must: (A) send income-withholding orders and notices to employers and other debtors within 2 business days after receiving notice of the withholding and its income source from a court, another State, an employer, the Federal Parent Locator Service, or another recognized source; use the Secretary’s standard formats; and, if the employer chooses, use the Secretary’s electronic methods; (B) continually monitor payments to identify late payments quickly; and (C) automatically use enforcement procedures, including those authorized by section 666(c), when payments are late. (2) “Business day” means a day when State offices are open for regular business. (h) Expedited procedures. To the maximum extent feasible, the system must be used to carry out the expedited administrative procedures required by section 666(c).
the actual law source: uscode.house.gov ↗public domain
(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 658a 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, programs operated under a State plan approved under subchapter XIX, 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 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 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;

(ii)

using uniform formats prescribed by the Secretary; and

(iii)

at the option of the employer, using the electronic transmission methods 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.

Source credit: (Aug. 14, 1935, ch. 531, title IV, § 454A, as added and amended Pub. L. 104–193, title III, §§ 311, 312(c), 325(b), 344(a)(2), Aug. 22, 1996, 110 Stat. 2205, 2208, 2226, 2235; Pub. L. 105–34, title X, § 1090(a)(1), Aug. 5, 1997, 111 Stat. 961; Pub. L. 106–113, div. B, § 1000(a)(4) [title VIII, § 805(a)(1)], Nov. 29, 1999, 113 Stat. 1535, 1501A–285; Pub. L. 113–183, title III, § 306(a), Sept. 29, 2014, 128 Stat. 1949.)

history & why it existsrecord from the source credit
  • 1935Enacted · Pub. L. 104-193 · 110 Stat. 2205, 2208, 2226, 2235
  • 1997Amended · Pub. L. 105-34 · 111 Stat. 961
  • 1999Amended · Pub. L. 106-113 · 113 Stat. 1535, 1501
  • 2014Amended · Pub. L. 113-183 · 128 Stat. 1949

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-193 on 1935-08-14.

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