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TThe National Directory of New Hires:
January 19, 2024
An Overview
Jessica Tollestrup
The National Directory of New Hires (NDNH) is a database (part of the Federal Parent
Specialist in Social Policy
Locator Service [FPLS]) that contains personal and financial data on nearly every
working American, as well as those receiving unemployment insurance benefits. It was originally established as part of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (PRWORA; P.L. 104-193). It is maintained by the Office of Child Support Services (OCSS). (Prior to June 5, 2023, this office was named the Office of Child Support Enforcement [OCSE].) The NDNH database includes information on (1) all newly hired and rehired employees, compiled from state reports (and reports from federal employers), (2) the quarterly wage reports of existing employees (in Unemployment Insurance [UI]-covered employment), and (3) UI applications and claims.
The NDNH was originally established to help states locate noncustodial parents living in a different state so that child support payments could be withheld from that parent’s paycheck. Since its enactment in 1996, the authority to access the NDNH has been extended to several additional programs and agencies to verify program eligibility, prevent or end improper payments, collect overpayments, or ensure that program benefits are correct. Some argue that access to the NDNH should be further expanded to additional programs and agencies. Although the directory is considered to be effective, concerns about data security and the privacy rights of employees remain a part of debates regarding expanded access. In addition, some observers have argued that the fact that the NDNH does not include data on non-wage workers (e.g., independent contractors) limits its effectiveness as a child support enforcement tool.
Table A-1 lists NDNH access-related proposals that have been included in the President’s budget submissions between FY2015 and FY2024. At least one NDNH proposal was identified in these source documents each fiscal year since FY2015, except for FY2022 and FY2023.
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Contents
System Components and Data Processes ........................................................................................ 2
Components............................................................................................................................... 2 Data Verification ....................................................................................................................... 3 Reporting Time Frames ............................................................................................................. 3 Child Support Enforcement Time Frames ................................................................................. 4 Data Deletion ............................................................................................................................ 4
Entities That May Receive NDNH Data ......................................................................................... 4 Selected Policy Issues ..................................................................................................................... 9
Use of NDNH Data for Program Integrity and Research .......................................................... 9
Program Integrity ................................................................................................................ 9 Research ............................................................................................................................ 10
Privacy and Data Security ........................................................................................................ 11 Non-wage Workers .................................................................................................................. 12
Tables Table 1. Non-CSE Entities Authorized to Receive NDNH Data, and Purposes .............................. 5
Table A-1. NDNH Access Proposals in the President’s Budget Submission ................................ 14
Appendixes Appendix. NDNH Access Proposals in the President’s Budget Submission, FY2015-
FY2024 ....................................................................................................................................... 13
Contacts Author Information ........................................................................................................................ 22
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he National Directory of New Hires (NDNH) is a national database of personal, wage, and employment information on American workers.11 Although the authority for the NDNH
T was originally established as part of the 1996 welfare reform law (P.L. 104-193, the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996; PRWORA (PRWORA; P.L. 104-193), more than two dozen states had established new hires reporting programs at their own initiative prior to its enactment.2 2 Historically, the primary purpose of the NDNH has been to aid in efforts by state child support enforcement (CSE) agencies to locate parents and enforce child support orders. (According to HHS, an estimated 7.74.5 million noncustodial parents and putative fathers3fathers3 were located through the NDNH in FY2018FY2022, up from 2.8 million in FY1999.44) However, federal law also permits NDNH data to be shared with other specified programs and agencies (mostly for program integrity and policy evaluation research purposes).
The NDNH is part of the Federal Parent Locator Service (FPLS).55 It is maintained by the federal Office of Child Support Enforcement (OCSE),6Services (OCSS),6 which is a component of the Administration of Children and Families (ACF) at the Department of Health and Human Services (HHS).7 (Prior to June 5, 2023, this office was named the Office of Child Support Enforcement [OCSE].8) The data in this system come from information that is reported by the State Directories of New Hires, State Workforce Agencies, and federal agencies to OCSEOCSS. HHS estimates that about 793861 million records were posted to the NDNH during FY2018.7
FY2022.9
The first section of this report provides an overview of the NDNH system components and data processes. The second and third sections discuss the entities that may receive NDNH data and selected policy issues associated with the system (including proposals in the FY2020 President's budget submission).
The NDNH contains data from three different sources (or "files"“files”): the new hires file, the quarterly wage file, and the Unemployment Insurance file.
The new hires (NH) file contains information from each employee'’s W-4 form.810 Employers are required by Section 453A of the Social Security Act to send NH reports to the appropriate State Directory of New Hires (SDNH), which then compiles and sends the required information to the NDNH. (The state directories may be housed in a state or local child support agency, the state workforce agency, the state revenue department, or a private vendor under contract with the state.911) Federal employers (i.e., agencies) send their NH reports directly to the NDNH.1012 An NH report contains six data elements: the name, address, and Social Security number of each new employee; and the employer'’s name, address, and tax identification number. (Some states require or request additional information.)
The quarterly wage (QW) file contains quarterly wage information on individual employees in Unemployment Insurance (UI)-covered employment.1113 This information comes from the records of the State Workforce Agencies (SWAs; sometimes called State Employment Security Agencies) and the federal government. The SWAs and federal government employers must submit the name, Social Security number, and wage amount for each employee, and the employer'’s name, address, and tax identification number.14 All of these data must be delineated by quarterly reporting period. Separate quarterly wage records are established for each job held by an individual.
The Unemployment Insurance (UI)Insurance (UI) file contains information pertaining to persons who have received or applied for unemployment benefits, as reported by the SWAs.1215 With respect to this file, the state can only submit information that is already contained in the records of the state agency that administers the UI program (generally the SWA).1316 The required data elements are the claimant'claimant’s name, Social Security number, address, benefit amount, and reporting period.
The names and Social Security numbers in the NH, QW, and UI data received from the states are transmitted by HHS to the SSA for verification. To the extent necessary, HHS also has the authority to transmit additional information on employees (dates of birth) and employers (tax identification numbers) contained in the NH reports to be verified by the SSA as well. The SSA is required to verify the accuracy of, correct, or supply missing data to the extent possible.14
17
According to OCSEOCSS, all Social Security numbers in NH reports and UI files are verified by the SSA before the information is added to the NDNH database. Some state'’s QW files, however, do not include all of the elements necessary for a successful verification. In such situations, the information is transmitted to the NDNH but is flagged to indicate that the SSA was not able to verify the Social Security number and name combination.15
In general, each of the three files that comprise the NDNH have different time frames for reporting and matching. Selected elements of these time frames are summarized below.16
19 NH data generally are reported on an ongoing basis in the days and weeks after the hire occurs:
In contrast, QW and UI reporting from the states generally occurs on a less frequent basis:
The NDNH is used routinely for various child support enforcement-related purposes. To locate individuals in a paternity establishment case or assist in a case involving the establishment, modification, or enforcement of child support, the HHS Secretary must compare information in the NDNH against information in the child support abstracts in the Federal Child Support Case Registry (another component system of the FPLS) at least every two business days. If a match is found, the HHS Secretary must report the information to the appropriate state CSE agency within two business days.
In addition to locating absent parents, the NDNH can be used to identify wages that could be subject to income withholding. About three-quarters of child support is collected via this method.1821 In each case where a CSE agency identifies such wages, it is required to instruct the appropriate employer to withhold child support obligations from the employee'’s paycheck within two business days (unless the employee'’s income is not subject to withholding).
All NDNH data must be deleted from the database no later than 24 months after the date of entry. These deletion requirements, coupled with the reporting schedules outlined in the previous section, result in a constant cycling of wage and employment data into and out of the NDNH.
For CSE purposes, access to QW and UI reports is prohibited starting 12 months after they have been entered if no match has occurred as part of information comparison procedures.
Non-CSE programs and agencies that enter into data matching agreements with OCSEOCSS are required to delete the NDNH data that are shared with them on a timeline that is negotiated with OCSEOCSS based on the purpose for which the match will be used (e.g., recertification of benefit eligibility). In addition, the HHS Secretary may keep samples of data entered into the NDNH for research purposes that are specified in Section 453(j)(5) of the Social Security Act, but without personal identifiers.
The original purpose of the NDNH was to help states locate child support obligors who were working in other states so that child support could be withheld from the noncustodial parent's ’s paycheck. It is estimated that about one-quarter of child support cases involve noncustodial parents who either live outside the state in which their children reside or have unknown whereabouts.1922 The benefit of using the NDNH (as opposed to an individual state'’s data) is that the system provides nationwide information about noncustodial parents who have obtained work or claimed unemployment insurance benefits, or who are employed by the federal government. Moreover, because many noncustodial parents are in temporary employment or move from job to job, the quick reporting of information on new hires greatly increases the likelihood that the NDNH will be able to locate a noncustodial parent and pass on the information to states so that
21 HHS, ACF, OCSE, Preliminary Data Report for FY2022, Table P-29, https://www.acf.hhs.gov/sites/default/files/documents/ocse/fy_2022_preliminary_report.pdf.
22 Kye Lippold and Elaine Sorensen, Characteristics of Families Served by the Child Support (IV-D) Program: 2016 Census Survey Results, Urban Institute, November 2018, p. 1, https://www.acf.hhs.gov/sites/default/files/documents/ocse/iv_d_characteristics_2016_census_results.pdf.
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the CSE agencies can pursue support orders and collect child support via income withholding before the noncustodial parent changes jobs.20
23
While the NDNH is primarily intended to be a CSE tool that aids in the location of noncustodial parents, several additional programs and agencies have the authority to receive data from it to verify program eligibility, prevent or end improper payments, collect overpayments or ensure that program benefits are properly paid, or conduct research. Although the directory is considered effective, concerns about data security and the privacy rights of employees remain a part of debates regarding expanded access to NDNH data. (These are discussed in the next section.) To safeguard the privacy of individuals in the NDNH, federal law requires that OCSEOCSS restrict access to the NDNH database to "authorized"“authorized” persons. Moreover, the NDNH cannot be used for any purpose not authorized by federal law. Thus, the enactment of law is required for any entity not mentioned in this section to receive NDNH data.
The non-CSE entities authorized to receive NDNH data and the purposes for which it can be received (as of the date of this report) are summarized inin Table 1. (Authorities enacted outside of Title IV-D of the Social Security Act are listed at the end of the table.)
Table 1. Non-CSE Entities Authorized to Receive NDNH Data, and Purposes
Statutory
Citation
Entity
Purpose(s)
Legislative History
42 U.S.C.
Secretary of the
To administer Section 32 (earned income tax
EITC and employment
§§653(i)(3)
Treasury
credit; EITC) of the Internal Revenue Code
verification: P.L. 104-193
and (j)(9)
(IRC), including verification in order to make an
(enacted August 22, 1996)
Social Security
advanced payment of the EITC.
Nontax debt: P.L. 108-447
Act §453(j)(3)
To verify a claim of employment in a tax return.
(enacted in December 8,
and (j)(9)
To col ect Table 1.21
Statutory Citation |
Entity |
Purpose(s) |
Legislative History |
42 U.S.C. §§653(i)(3) and (j)(9) Social Security Act §453(j)(3) and (j)(9) |
Secretary of the Treasury |
To administer Section 32 (earned income tax credit; EITC) of the Internal Revenue Code (IRC), including verification in order to make an advanced payment of the EITC. To verify a claim of employment in a tax return.
|
EITC and employment verification: P.L. 104-193 (enacted August 22, 1996) Nontax debt: P.L. 108-447 (enacted in December 8, 2004) |
42 U.S.C. §653(j)(3) Social Security Act §453(j)(3) |
State Welfare (Title IV-A or "Temporary Assistance for Needy Families") Agencies |
To carry out state responsibilities under programs funded under Title IV, Part A of the Social Security Act. |
P.L. 104-193 (enacted August 22, 1996) |
42 U.S.C. §653(j)(3) Social Security Act §453(j)(3) |
State Child and Family Services (Title IV-B) Agencies |
To carry out state responsibilities under programs funded under Title IV, Part B of the Social Security Act. |
P.L. 110-351 (enacted October 7, 2008) |
42 U.S.C. §653(j)(3) Social Security Act §453(j)(3) |
State Foster Care and Adoption Assistance (Title IV-E) Agencies |
To carry out state responsibilities under programs funded under Title IV, Part E of the Social Security Act. |
P.L. 110-351 (enacted October 7, 2008) |
42 U.S.C. §653(j)(4) Social Security Act §453(j)(4) |
Commissioner of the Social Security Administration (SSA) |
|
P.L. 104-193 (enacted August 22, 1996) |
42 U.S.C. §653(j)(5) Social Security Act §453(j)(5) |
HHS Researchers/others |
To conduct research found by the HHS Secretary to be likely to contribute to achieving the purposes of Part A or Part D of the Social Security Act (without personal identifiers). |
P.L. 104-193 (enacted August 22, 1996) |
42 U.S.C. §653(j)(6) Social Security Act §453(j)(6) |
Secretary of Education |
To collect debt from individuals who have defaulted on student loans or owe an obligation to refund an overpayment of a grant.
42 U.S.C.
State Welfare (Title
To carry out state responsibilities under
P.L. 104-193 (enacted
§653(j)(3)
IV-A or Temporary
programs funded under Title IV, Part A of the
August 22, 1996)
Social Security
Assistance for Needy Social Security Act.
Act §453(j)(3)
Families) Agencies
42 U.S.C.
State Child and
To carry out state responsibilities under
P.L. 110-351 (enacted
§653(j)(3)
Family Services (Title
programs funded under Title IV, Part B of the
October 7, 2008)
Social Security
IV-B) Agencies
Social Security Act.
Act §453(j)(3)
42 U.S.C.
State Foster Care
To carry out state responsibilities under
P.L. 110-351 (enacted
§653(j)(3)
and Adoption
programs funded under Title IV, Part E of the
October 7, 2008)
Social Security
Assistance (Title IV-
Social Security Act.
Act §453(j)(3)
E) Agencies
42 U.S.C.
Commissioner of the The NDNH “shall provide the Commissioner of P.L. 104-193 (enacted
§653(j)(4)
Social Security
Social Security with all information in the
August 22, 1996)
Social Security
Administration (SSA)
National Directory.”a
Act §453(j)(4)
23 Section 454(17) of the Social Security Act requires that all state CSE programs have in effect agreements with HHS for the use of the FPLS, which includes the NDNH.
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Statutory
Citation
Entity
Purpose(s)
Legislative History
42 U.S.C.
HHS
To conduct research found by the HHS
P.L. 104-193 (enacted
§653(j)(5)
Researchers/others
Secretary to be likely to contribute to achieving
August 22, 1996)
Social Security
the purposes of Part A or Part D of the Social
Act §453(j)(5)
Security Act (without personal identifiers).
42 U.S.C.
Secretary of
To col ect debt from individuals who have
P.L. 106-113 (enacted
§653(j)(6)
Education
defaulted on student loans or owe an obligation
November 29, 1999)
Social Security
to refund an overpayment of a grant.
Act §453(j)(6)
To conduct analyses of student loan defaults (after removal of personal identifiers).
42 U.S.C.
Secretary of Housing
To verify the employment and income of
P.L. 108-199 (enacted
§653(j)(7)
and Urban
individuals participating in certain enumerated
January 23, 2004)
Social Security
Development (HUD) HUD housing programs.
Act §453(j)(7)
|
P.L. 106-113 (enacted November 29, 1999) |
42 U.S.C. §653(j)(7) Social Security Act §453(j)(7) |
Secretary of Housing and Urban Development (HUD) |
To verify the employment and income of individuals participating in certain enumerated HUD housing programs. To conduct analyses of the employment and income reporting of those individuals (after removal of personal identifiers). |
P.L. 108-199 (enacted January 23, 2004) |
42 U.S.C. §653(j)(8) Social Security Act §453(j)(8) |
State Workforce Agencies (SWAs) |
To administer an unemployment compensation program under federal or state law. |
P.L. 108-295 (enacted August 9, 2004) |
42 U.S.C. §653(j)(10) Social Security Act §453(j)(10) |
State Supplemental Nutrition Assistance Program (SNAP) Agencies |
To administer SNAP under the Food and Nutrition Act of 2008. |
42 U.S.C.
State Workforce
To administer an unemployment compensation
P.L. 108-295 (enacted
§653(j)(8)
Agencies (SWAs)
program under federal or state law.b
August 9, 2004)
Social Security
Act §453(j)(8)
42 U.S.C.
State Supplemental
To administer SNAP under the Food and
P.L. 109-250 (enacted July
§653(j)(10)
Nutrition Assistance
Nutrition Act of 2008.
27, 2006)
Social Security
Program (SNAP)
P.L. 110-246 (enacted June
Act
Agencies
18, 2008)
§453(j)(10)
P.L. 113-79 (enacted February 7, 2014)c
42 U.S.C.
Medicaid and
To permit state programs that meet certain
P.L. 111-3 (enacted
§1396w-2
Children’s Health
criteria to receive data from the NDNH
February 4, 2009)
note
Insurance Program
“relevant to eligibility determinations and
(CHIP)
determining the correct amount of benefits under a State child health plan under CHIP or a State plan under Medicaid.”d
31 U.S.C.
Government
To discharge the duties of the Comptrol er
|
31 U.S.C. §721 note |
Government Accountability Office (GAO) |
| P.L. 115-3 |
(enacted
§721 note
Accountability Office
General under 31 U.S.C. §716.e
January 31, 2017)
(GAO)
P.L. 115-334 |
Secretary of Agriculture (USDA) |
December 20, 2018) To conduct analyses of the employment and income reporting of those individuals (after removal of personal identifiers).f
|
P.L. 115-334 (enacted December 20, 2018) |
Source: Adapted from U.S. Department of Health and Human Services (HHS), Administration for Children and Families (ACF), Office of Child Support Enforcement (OCSE), A Guide to the National Directory of New Hires, pp.
4-5, https://www.acf.hhs.gov/sites/default/files/programs/cssfiles/documents/ocse/a_guide_to_the_national_directory_of_new_hires.pdf, with additional CRS legislative analysis.
a. The SSA uses NDNH data (pursuant to this authority) to establish or verify eligibility or payments under
the Supplemental Security Income program, to establish or verify eligibility or continuing entitlement under the Disability Insurance program, to administer the Ticket-to-Work and Self-Sufficiency program, and to determine eligibility of applications for Extra Help (low-income subsidy assistance) under the Medicare Part D Prescription Drug Coverage Program. For further information, see SSA matching agreements 1074, 1098, and 1306, https://www.ssa.gov/privacy/computer_matching_programs.html.
b. .
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b. Although State Workforce Agencies (SWAs) already have access to the quarterly wage and UI data
elements, SWAs require the new hires data element for UI program administration purposes so UI claimants who are employed/reemployed do not receive UI benefits.
c. P.L. 109-250 allowed state agencies that administer the "“Food Stamp program"” to receive NDNH data. P.L.
110-246 changed program references to the "“Supplemental Nutrition Assistance Program."” P.L. 113-79 required all state SNAP agencies (rather than giving them the option) to data-match with the NDNH at the time of SNAP certification for the purposes of determining eligibility to receive SNAP benefits and determining the correct amount of those benefits.
c. 31 U.S.C. §721 provides that "
d. Section 1942(e) of P.L. 111-3 directed that “The Secretary shall enter into such agreements as are
necessary to permit a State that elects the Express Lane option under section 1902(e)(13) of the Social Security Act to receive data directly relevant to eligibility determinations and determining the correct amount of benefits under a State child health plan under CHIP or a State plan under Medicaid from the fol owing: (1) The National Directory of New Hires….” It does not appear that this authority has ever been implemented.
e. 31 U.S.C. §721 provides that “no provision in the Social Security Act, including Section 453(l) of that Act,
shall be construed to limit, amend, or supersede the authority of the ComptrollerComptrol er General to obtain any
information or to inspect any record under section 716 of this title."
d. ” For background, see Department of Justice, Whether the Department of Health and Human Services May Provide the Government Accountability Office Access to Information in the National Directory of New Hires, Memorandum Opinion for the Acting General Counsel, August 23, 2011, https://www.justice.gov/opinion/file/833541/download.
f.
P.L. 115-334 granted the USDA "“the same access to information and subject to the same requirements applicable to the Secretary of Housing and Urban Development as provided in Section 453 of the Social Security Act … to verify income for individuals participating in [enumerated programs]."” These USDA authorities were intended to align the treatment of the rural housing programs with similar HUD programs, as well as to address the Improper Payments Act. They were originally enacted on a temporary basis in Section 749 the FY2018 Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act (P.L. 115-141, Division A).
When the authority for the NDNH was established as part of the PRWORA in 1996, it specified that certain entities (in addition to state CSE agencies) could receive data from the NDNH, namely
The PRWORA also required the NDNH to provide the Social Security Commissioner with "“all information in the directory."” NDNH data are currently used by the SSA (pursuant to this authority) for purposes that include determinations of eligibility and payment amounts for the Supplemental Security Income (SSI) program, the Disability Insurance (DI) program, the Ticket-to-Work and Self-Sufficiency (Ticket) program, and Extra Help (low-income subsidy assistance) under the Medicare Part D Prescription Drug Coverage Program.22
24 Subsequent to the enactment of the PRWORA, the list of entities that can receive NDNH data has been expanded to include
Readers should note that NDNH data that are used by HHS, ED, HUD, and USDA to conduct research or analyses of certain topics (as authorized under the Social Security Act) generally does not contain personal identifiers.25
27
In addition to the above authorities, the Secretary of Veterans Affairs (VA) has previously been required during two separate time periods to provide the HHS Secretary with information for comparison with the NDNH to determine eligibility for certain veterans'’ benefits and services.26 28 The original matching requirements under P.L. 110-157 (enacted December 26, 2007) were to terminate September 30, 2011, but were subsequently extended through November 18, 2011 (P.L. 112-37, enacted on October 5, 2011). During the period from November 19, 2011, through September 29, 2013, the requirements were not in effect. The matching requirements were again effective on September 30, 2013, and for 180 days thereafter (P.L. 113-37, enacted September 30, 2013), but have not been since that time. According to GAO, the VA and OCSE never reached an
25 Although SWAs already have access to the quarterly wage and UI data elements, SWAs require the new hires data element for UI program administration purposes so UI claimants who are employed/reemployed do not receive UI benefits.
26 The original authority referenced the “Food Stamp” program. P.L. 110-246 changed program references to the “Supplemental Nutrition Assistance Program” (SNAP). P.L. 113-79 required all state SNAP agencies (rather than giving them the option) to data-match with the NDNH at the time of SNAP certification for the purposes of determining eligibility to receive SNAP benefits and determining the correct amount of those benefits. For further information about SNAP data matching with the NDNH, see CRS Report R45147, Errors and Fraud in the Supplemental Nutrition Assistance Program (SNAP).
27 See HHS, ACF, OCSE, “A Guide to the National Directory of New Hires,” pp. 4-5. 28 See Social Security Act §453(j)(11). For background on how the VA anticipated that the requirement to match data with the NDNH might overlap with existing income-verification processes, see the testimony of Daniel L Cooper, Under Secretary for Benefits, U.S. Department of Veterans Affairs, before the Senate Committee on Veterans’ Affairs, May 9, 2007, https://www.veterans.senate.gov/services/files/14537789-78D6-40A6-B2E1-B5E607E4809D.
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2013), but have not been since that time. According to GAO, the VA and OCSE never reached an agreement, reportedly due to "“limited financial and workforce resources,"” that allowed for data sharing outside of either of the time periods when the matching requirements were in effect.27
The policy issues historically associated with the NDNH generally can be divided into three categories: the use of NDNH data for program integrity and research, privacy and data security, and workers outside the scope of the system (i.e., non-wage workers). These issues are briefly summarized below.
summarized below, along with relevant NDNH proposals in the FY2020 President's budget.
The federal government and states administer numerous benefit programs that provide aid to persons with limited income. As discussed above, some of these programs have been given statutory authority to use NDNH data for the purposes of improving program integrity or conducting policy research related to those programs (see " “Entities That May Receive NDNH Data" Data” for a list of these authorities).
Although some observers have argued that these authorities should be expanded to additional programs and purposes, others are concerned that some of the strict limitations on access hamper the effective use of these data.
Program Integrity
Many programs that have piloted or fully implemented the use of NDNH data to prevent improper payments have reported significant savings as a result.2830 For example, a FY2005 NDNH pilot initiated by the Department of Labor for UI programs in three states found that "with regard to the UI program, one leading source of UI improper payments is benefit year earnings, which happen when claimants continue to claim UI benefits after they return to work, or do not correctly report earnings for a week when they are claiming UI benefits.31 NDNH data matching is a tool that can identify benefit year earnings and, thus, reduce UI improper payments. For FY2005, an NDNH pilot initiated by the DOL for UI programs in three states found that “using the national cross-match along with the statewide cross-match helped detect 50 percent more cases of potential fraud in one quarter than it would have detected otherwise."29”32 In addition, with regard to SSA-administered programs, SSA estimated in FY2015 that the use of NDNH data (at a cost of about $175 million) for program integrity purposes associated with the SSI, DI, and Ticket programs resulted in program savings of about $923 million.3033
The question of who should have access to NDNH data, and for what purposes, has been debated since the database’s inception. President’s budget submissions from the past few administrations have proposed changes that would increase the use of or access to the NDNH. (See Appendix for
29 U.S. Government Accountability Office (GAO), Veterans Disability Benefits: VA Can Better Ensure Unemployability Decisions Are Well Supported, GAO-15-464, June 2015, p. 23, https://www.gao.gov/assets/680/670592.pdf.
30 See, for example, the discussion of the use of NDNH data to locate TANF recipient workers with unreported income, Wade F. Horn, Assistant Secretary for Children and Families, U.S. Department of Health and Human Services, Testimony before the Human Resources Subcommittee, July 14, 2005, https://www.acf.hhs.gov/olab/resource/wade-f-horn-on-ndnh-and-tanf.
31 See DOL, Office of Inspector General (OIG), “U.S. Department of Labor’s Top Management and Performance Challenges,” November 2023, p. 3, https://www.oig.dol.gov/public/DOL%202023%20Top%20Management%20and%20Performance%20Challenges.pdf.
32 GAO, Improper Payments: Federal and State Coordination Needed to Report National Improper Payment Estimates on Federal Programs, GAO-06-347, April 2006, p. 59, https://www.gao.gov/assets/250/249728.pdf.
33 See SSA-OCSE Quarterly Match Agreement 1704, p. 46, https://www.hhs.gov/sites/default/files/cma-1704.pdf.
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examples of these.) These proposals have included a statutory requirement that states must use NDNH to ensure that UI claimants have not returned to work34 as part of a suite of UI program integrity changes.35 Some, however, have raised concerns that programs that might more effectively detect improper payments through the use of NDNH data lack the computer capacity or capability to use that type of automated system.3136 Agencies and programs that are administered at the local level might have a limited or nonexistent ability to exchange data regularly with OCSEOCSS. Moreover, many of the privacy protections and strict security requirements tied to the NDNH may be administratively burdensome for such agencies.
Research
NDNH data also have been used by policy researchers to help determine the effectiveness of new or existing programs. For example, NDNH wage data were used in a recent2018 study commissioned by HHS to examine whether youths who had participated in the Year Up workforce program experienced increased earnings over a 12-quarter period.3237 Recent President’s budgets also have proposed that the ability to use these data for research be expanded. (See Appendix for examples of these.) Some observers, however, have noted that the usefulness of NDNH data for research is limited by its data deletion and de-identification requirements. For example
:
A one or two year time span provides a relatively limited window for observing earnings before, during, and after the time of program participation. Data of particular interest may have already been deleted before a research agreement can be reached. In the absence of identifiers, it is impossible for researchers to incorporate additional years or sources of identifiers, it is impossible for researchers to incorporate additional years or sources of administrative data into their research sample or correct problems with prior linkages once the de-identified file with NDNH data has been returned. While it is possible to construct a longitudinal research sample in the future, this requires greater involvement by OCSE (since only OCSE has access to the identifiers needed to continue updating the earnings data), increasing the cost and complexity of the project.33
The sensitivity of the information contained in the NDNH—personal and financial data on millions of working Americans, as well as those receiving UI benefits—necessitates that precautions be taken with regard to the security of the system.3439 Access to the NDNH system (housed at a secure SSA facility) is limited to authorized personnel. In addition, according to the OCSE Guide to the National Directory of New Hires, recipients of NDNH information must agree to comply with security safeguards, such as
: Operational safeguards that ensure NDNH information is secure from unauthorized entities and unauthorized uses at all times;
Technical safeguards that ensure NDNH information is processed, stored, and transmitted in a secure manner and that information is processed using methods that protect the in a secure manner and that information is processed using methods that protect the confidentiality and integrity of the information; and
Management safeguards that are tailored to the information system environment and require written security agreements, policies, and procedures which must
Management safeguards that are tailored to the information system environment and require written security agreements, policies, and procedures which must include: notification to OCSE of any breach of NDNH information, and provision that OCSE has the right to request a site visit or assessment to ensure compliance with the right to request a site visit or assessment to ensure compliance with security requirements.35
40
In addition to requirements related to the security of the NDNH data while they are in the system or shared outside OCSEOCSS, the Social Security Act includes provisions that require the removal or deletion of certain information in the NDNH after specified time periods (see the section on "Data Deletion").
the “Data Deletion” section).
Nevertheless, the size and scope of the NDNH has caused some to be concerned that individual privacy protections might be insufficient and that the type of data that are gathered might gradually be expanded.3641 Some have observed that, as an increasing number of federal and state programs have obtained access to the system, wider access to and use of NDNH data could potentially lead to privacy and confidentiality breaches, financial fraud, identity theft, or other crimes.3742 Others have expressed related apprehensions that allowing NDNH data to be shared with a variety of federal programs could lead to new reporting requirements that are not necessary to carry out the core CSE mission of the system.3843 Those new requirements could be difficult or
publication/25971/412688-Investigating-Alternative-Sources-of-Quarterly-Wage-Data-An-Overview-of-the-NDNH-LEHD-WRIS-and-ADARE.PDF.
39 The NDNH is subject to security and privacy requirements under Sections 453(l) and (m) of the Social Security Act. It also is considered to be a system of records under the Privacy Act, and thus is subject to the requirements under that act for administrative, technical, and physical safeguards for both the records matched and any results of those matches (see 5 U.S.C. 552a).
40 HHS, ACF, OCSE, A Guide to the National Directory of New Hires, p. 8. See also HHS, ACF, OCSE, Accuracy of Data Maintained by the National Directory of New Hires and the Effectiveness of Security Procedures, Report to the House of Representatives Committee on Ways and Means and Senate Committee on Finance, July 31, 2002.
41 See, for example, Cato Institute, “‘Deadbeat Dad’ Database Endangers Everyone,” by Doug Bandow, April 30, 1998, https://www.cato.org/publications/commentary/deadbeat-dad-database-endangers-everyone.
42 GAO, National Sex Offender Registry: New Hires Data Has Potential for Updating Addresses of Convicted Sex Offenders, GAO-06-766, July 2006, p. 26, https://www.gao.gov/products/GAO-06-766. See also U.S. Department of the Treasury, Inspector General for Tax Administration, Hearing before the House Committee on Oversight and Government Reform, Subcommittee on Government Organization, Efficiency, and Financial Management, Problems at the Internal Revenue Service: Closing the Tax Gap and Preventing Identity Theft, Testimony of the Honorable J. Russell George, Treasury Inspector General for Tax Administration, April 19, 2012, https://www.treasury.gov/tigta/congress/congress_04192012.pdf.
43 See, for example, the proposal to expand access to and the data collected by the NDNH in Center for Law and Social (continued...)
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The National Directory of New Hires: An Overview
Those new requirements could be difficult or costly to implement at the state and employer levels, and might cause additional burdens on employers that lead to reduced reporting.39
As a child support tool, the NDNH can be used to locate noncustodial parents and identify wages that could be subject to income withholding. (As previously mentioned, about three-quarters of child support is collected by the CSE program via income withholding.40)
45)
With regard to non-wage employment, the NDNH generally does not gather information on self-employed workers (e.g., independent contractors), which are a growing proportion of the working adult population, according to various estimates.4146 However, recent President’s budgets have proposed requiring that self-employed workers be reported to the SDNH for inclusion in the NDNH.47 A 2019 study identified 16 states that require employers to report the income of independent contractors in some form (in many cases, to the SDNH).4248 That study also found low employer compliance with those reporting requirements, and that it was "“virtually impossible"” to successfully withhold child support from one-time payments to non-wage workers.43 49 Nevertheless, the CSE staff interviewed for the study felt that independent contractor reporting could improve certain outcomes, such as when that reporting enabled them to locate those parents or attach income withholding orders to regular payments.50
Policy, CLASP Comments on a Proposed Postsecondary Institution Rating System, Submitted to the U.S. Department of Education, January 31, 2014. p. 5, http://www.clasp.org/resources-and-publications/publication-1/CLASP-Comments-on-PIRS-2-4.pdf.
44 Vicki Turetsky, Preserve the Child Support System: Don’t Let the New Hire Database Be Hijacked for Immigrant Employment Verification, Center for Law and Social Policy, May 6, 2008; National Women’s Law Center, Impact of the New Employee Verification Act (HR 5515) on Child Support Enforcement, written statement of Joan Entmacher to the Subcommittee on Social Security, House Committee on Ways and Means, May 8, 2008, https://nwlc.org/wp-content/uploads/2015/08/NWLConNEVAandChild%20Support.pdf.
45 Ibid., Table P-29. 46 Lawrence F Katz and Alan B. Krueger, “The Rise and Nature of Alternative Work Arrangements in the United States, 1995–2015,” ILR Review, vol. 72, no. 2 (March 2019), pp. 382-416; and CRS Report R44365, What Does the Gig Economy Mean for Workers?.
47 See, for example, FY2017 ACF Congressional Justification, p. 308; and FY2021 ACF Congressional Justification, p. 242.
48 These state-level requirements have differing income thresholds and a variety of other qualifying criteria for the reporting. See Asaph Glosser and Justin Germain, Independent Contractors and Nontraditional Workers: Implications for the Child Support Program, HHS, Office of the Assistant Secretary for Planning and Evaluation, May 10, 2019, https://aspe.hhs.gov/system/files/pdf/261736/IndependentWorkersChildSupportProgram.pdf.
49 Ibid., p. 6. 50 Ibid., pp. 7-8. See also National Child Support Enforcement Association, “Resolution Supporting New Hire Reporting and Income Withholding Changes for Independent Contractors,” August 10, 2019.
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Appendix. NDNH Access Proposals in the President’s Budget Submission, FY2015-FY2024 Table A-1 below lists NDNH access-related proposals that have been included in the President’s budget submissions between FY2015 and FY2024. An excerpt of each proposal is also included in that table. These examples were identified through searches of the “Analytical Perspectives” volume of the President’s Budget and congressional justifications for the time period.
At least one NDNH proposal was identified in these source documents each fiscal year since FY2015, except for FY2022 and FY2023. Note that, in some cases, items in this table represent overlapping or duplicative descriptions of proposals across documents. In addition, in some cases, the documents did not have enough detail to determine which specific entities were within the scope of the proposal. In such cases, the table indicates that these were for multiple departments or agencies.
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Table A-1. NDNH Access Proposals in the President’s Budget Submission
FY2015-FY2024
FY
Dept.
Agency
Excerpt of Proposal
2015
HHS
ACF
“The FY 2015 budget re-proposes legislative changes that would reauthorize and modify LIHEAP for five years to increase program oversight and promote program effectiveness by . . authorizing LIHEAP access to the National Directory of New Hires to detect and prevent program waste, fraud, and abuse.” [HHS, FY2015 ACF Congressional Justification, p. 35.]
2015
HHS
ACF
“The Budget proposes to narrowly expand access to the National Directory of New Hires Database to assess the effectiveness of federal policies and programs in achieving positive labor market outcomes and to provide related demographic or economic statistics. This proposal would allow certain federal agencies a more reliable and affordable way to obtain data essential for research, evaluation, and statistical purposes while maintaining necessary mandated security, privacy, and confidentiality standards.” [HHS, FY2015 ACF Congressional Justification, p. 275.]
2015
Treasury
IRS
“The IRS has taken a number of steps under existing law to improve compliance. These efforts would be enhanced by specific tax administration proposals that would …. Expand the IRS access to information in the National Directory of New Hires for tax administration purposes ($12 mil ion).” [Treasury, FY2015 IRS Congressional Budget Justification, p. IRS-100.]
2015
Treasury
IRS
“The Administration proposes to amend the Social Security Act to expand IRS access to the NDNH data for general tax administration purposes, including data matching, verification of taxpayer claims during return processing, preparation of substitute returns for non-compliant taxpayers, and identification of levy sources.” [FY2015 President’s Budget, “Analytical Perspectives,” p. 170.]
2016
Multiple
Multiple
“Consistent with bipartisan Congressional proposals, the Budget would allow select Federal statistical and evaluation units to access the NDNH for statistical purposes, subject to strong privacy and confidentiality protections. The proposal would allow NDNH data to be used to evaluate Federal job training and other programs intended to increase employment and earnings, as well as to construct job training service provider “scorecards” based on participant employment and earnings outcomes, consistent with WIOA and the goals laid out as part of the Administration’s review of job-training programs. The proposal would also permit the use of NDNH data to improve the completeness and efficiency of the Census LEHD program and the 2020 decennial census.” [FY2016 President's Budget, “Analytical Perspectives,” p. 70.]
2016
Treasury
IRS
“The IRS has taken a number of steps under existing law to improve compliance. These efforts would be enhanced by specific tax administration proposals that would … Expand the IRS access to information in the National Directory of New Hires for tax administration purposes ($12 mil ion).” [Treasury, FY2016 IRS Congressional Budget Justification, p. IRS-114.]
2016
Treasury
IRS
“The Administration proposes to amend the Social Security Act to expand IRS access to the NDNH data for general tax administration purposes, including data matching, verification of taxpayer claims during return processing, preparation of substitute returns for non-compliant taxpayers, and identification of levy sources.” [FY2016 President's Budget, “Analytical Perspectives,” p. 189.]
CRS-14
FY
Dept.
Agency
Excerpt of Proposal
2016
DOL
ETA
“In order to streamline, standardize, and more accurately capture the outcome information essential to supporting high-quality performance information and evaluations, the Budget proposes to eliminate the ban on developing a national database of personally identifiable information for WIOA participants, and grant DOL access to the wage data information held in the National Directory of New Hires.” [DOL, FY2016 ETA Congressional Budget Justification, p. ETA-3.]
2016
Multiple
Multiple
“Consistent with bipartisan Congressional proposals, the Budget would allow select Federal statistical and evaluation units to access the NDNH for statistical purposes, subject to strong privacy and confidentiality protections. The proposal would allow NDNH data to be used to evaluate Federal job training and other programs intended to increase employment and earnings, as well as to construct job training service provider “scorecards” based on participant employment and earnings outcomes, consistent with WIOA and the goals laid out as part of the Administration’s review of job-training programs. The proposal would also permit the use of NDNH data to improve the completeness and efficiency of the Census LEHD program and the 2020 decennial census.” [FY2016 President's Budget, “Analytical Perspectives,” pp. 81-82.]
2016
Multiple
Multiple
“The Budget proposes to narrowly expand access to the National Directory of New Hires Database. This proposal enables the Census Bureau access to these data in time to incorporate the data in its efforts to reduce the need to conduct in-person fol ow up interviews with non-responding households. This proposal would also allow several agencies a more reliable and affordable way obtain data essential for research, evaluation, and statistical purposes while maintaining necessary security, privacy, and confidentiality standards.” [Commerce, FY2016 U.S. Census Bureau Budget Estimates, p. CEN-84.]
2017
Multiple
Multiple
“In order to streamline access to the data by authorized agencies for program integrity purposes, the package includes a proposal which would allow the authorized agencies to access the NDNH data through the Do Not Pay Business Center at the Department of the Treasury.” [FY2017 President's Budget, “Analytical Perspectives,” p. 75.]
2017
Multiple
Multiple
“The 2017 Budget includes a package of proposals to allow certain additional programs and agencies authority to access the National Directory of New Hire data … Program Integrity Proposals •
Treasury/DNP: Allow Treasury’s Do Not Pay (DNP) system to serve as a pass-through between NDNH and agency programs authorized NDNH access for improper payment purposes.
•
HHS/CMS: Assist with income and employer verification and improve the ACA advance premium tax credit payment accuracy to reduce improper payments.
•
USDA/Rural Housing Service: Verify eligibility and validate the income source information provided by means-tested single family housing loan applicants and multifamily housing project-based tenants.
•
Railroad Retirement Board: Establish eligibility for processing disability benefits in a more efficient manner. DOL/UI: Require (rather than permit) states to cross-match with NDNH to identify improper payments.
CRS-15
FY
Dept.
Agency
Excerpt of Proposal
Evaluation/Statistical/Program Administration Proposals •
Multi/Statistical and Evaluation Access: Access to NDNH for specified federal statistical agencies, units, and evaluation offices or their designees for statistical, research, evaluation, and performance measurement purposes associated with assessing positive labor market outcomes.
•
Workforce Programs: Provide access for program administration, including federal oversight and evaluation, and authorize data exchanges between state child support and workforce agencies.”
[HHS, ACF Congressional Justification, pp. 303-304.]
2017
HHS
CMS
“The Budget would provide CMS with access to the National Directory of New Hires, a database maintained by the Administration for Children and Families, to assist with the eligibility determination and verification process for financial assistance in the Marketplace.” [HHS, FY2017 CMS Congressional Justification, p. 80,]
2017
Treasury
FS
“Option to access the National Directory of New Hire Data via the Do Not Pay Portal.” [Treasury, FY2017 Fiscal Service Congressional Budget Justification, p. FS-14.]
2017
Treasury
FS
“The Budget also proposes to allow programs that are statutorily authorized to access HHS’s National Directory of New Hires data the option to do so via the Do Not Pay system at Treasury, providing them a centralized portal of information.” [FY2017 President's Budget, “Analytical Perspectives,” p. 136.]
2017
DOL
ETA
“A comprehensive integrity legislative package designed to provide states with new tools and resources to combat UI fraud and improper payments. The package includes the fol owing components … Requires National Directory of New Hires (NDNH) cross-matching for benefit payment control (BPC) and requires states to provide monetary penalties for employers that fail to report. Current law only permits states to provide penalties not to exceed $25 for failure to comply and not to exceed $500 for fraud. The bil requires penalties of not less than $25 for failure to comply and not less than $500 for fraud.” [DOL, FY2017 ETA Congressional Budget Justification, p. SUISO-18.]
2017
DOL
ETA
“Included in this package are proposals to: .. mandate the use of the National Directory of New Hires to conduct cross-matches for program integrity purposes [relates to UI].” [FY2017 President's Budget, “Analytical Perspectives,” p. 133.]
2017
Education
CTAE
“Included in the President’s budget request for the Department of Health and Human Services (HHS) is a proposal to allow other agencies and their State partners access to the National Directory of New Hires, a Federal database of employment and unemployment insurance information administered by the Office of Child Support Enforcement within HHS. This resource, which would be utilized at the sole discretion and option of a State, would provide States with an additional data collection tool to determine employment and wage outcomes across State lines for the purpose of reporting program performance under WIOA.” [DOL, FY2017 CTAE Congressional Budget Justification, p. M-37.]
CRS-16
FY
Dept.
Agency
Excerpt of Proposal
2017
USDA
RHS
“The 2017 Budget includes a package of proposals to allow additional programs and agencies authority to access the National Directory of New Hire Data ... Because the primary cause for improper payments is related to information received from applicants and borrowers which RD [Rural Development Housing Programs] cannot verify by an independent source, the agency needs access to updated and reliable data sources to effectively manage its programs.” [USDA, FY2017 Congressional Budget Justification Explanatory Notes: Rural Housing Service, p. 29-35.]
2017
Commerce
Census
“The Census Bureau is working with the appropriate committees to narrowly expand access to the National Directory of New Hires Database (NDNH). This proposal enables the Census Bureau access to these data in time to incorporate the data in its efforts to reduce the need to conduct in-person fol ow up interviews with non-responding households.” [Commerce, FY2017 U.S. Census Bureau's Budget, p. 92.]
2018
RRB
NA
“Amend the Social Security Act to provide access for the Railroad Retirement Board to the National Directory of New Hires and to waive the customary fees for the RRB.” [RRB, FY2018 Justification of Budget Estimates, p. 68.]
2018
DOL
ETA
“This proposal wil require state UI agencies to use the National Directory for New Hires to better identify individuals continuing to claim unemployment compensation after returning to work, which is one of the leading root causes of UI improper payments.” [DOL, FY2018 ETA Congressional Budget Justification, SUISO-15.]
2018
DOL
ETA
“The Budget includes proposals aimed at improving integrity in the Unemployment Insurance (UI) program…. Included in this package are proposals to: .. mandate the use of the National Directory of New Hires to conduct cross-matches for program integrity purposes.” [FY2018 President's Budget, “Analytical Perspectives,” p. 101.]
2019
Treasury
FS
“This proposal seeks an expansion of Treasury's authority to access the National Directory of New Hires (NDNH) to prevent, identify and recover improper payments. For the purpose of eliminating waste, fraud, and abuse in Federal programs and preventing improper payments, agencies must review pre-payment and pre-award procedures and review available databases with relevant information on eligibility prior to the release of Federal funds.” [Treasury, FY2019 Fiscal Service Congressional Budget Justification, p. Fiscal Service-10.]
2019
RRB
NA
“Amend the Social Security Act to provide access for the Railroad Retirement Board to the National Directory of New Hires and to waive the customary fees for the RRB.” [RRB, FY2019 Justification of Budget Estimates, p. 71.]
CRS-17
FY
Dept.
Agency
Excerpt of Proposal
2019
Multiple
Multiple
“The Budget proposal includes statutory access to NDNH for units within Federal agencies that conduct research, statistical activities, evaluation, and/or performance measurement that would otherwise require costly surveys, state-by-state memoranda of understanding, or other agreements to obtain the same data contained in NDNH. For example, the proposal would enable DOL and ED to use NDNH data to conduct program evaluations of employment and training programs. The proposal would also enable data linkages across states and programs, with strict privacy and security safeguards in place. The NDNH access proposals also include good government provisions to enable efficiencies for program integrity and eligibility verification, while ensuring data privacy and security. The Budget proposals would enable the Department of the Treasury’s Do Not Pay Business Center to access NDNH and to assist agencies to reduce improper payments. The proposals also allow using NDNH to establish disability benefit eligibility for the Railroad Retirement Board in a more efficient manner, and to enhance integrity of HHS’ Centers for Medicare & Medicaid Services programs.” [FY2019 President's Budget, “Analytical Perspectives,” p. 63.]
2019
DOL
ETA
“This proposal wil require state UI agencies to use the National Directory for New Hires to better identify individuals
continuing to claim unemployment compensation after returning to work, which is one of the leading root causes of UI improper payments.” [DOL, FY2019 ETA Congressional Budget Justification, p. SUISO-16.]
2019
DOL
ETA
“The Budget includes proposals aimed at improving integrity in the Unemployment Insurance (UI) program ... Included in this package are proposals to: .. mandate the use of the National Directory of New Hires to conduct cross-matches for program integrity purposes.” [FY2019 President's Budget, “Analytical Perspectives,” p. 110.]
2020
Multiple
Multiple
“The Budget includes the fol owing proposals to expand access to NDNH in statute for program integrity and evidence-building purposes. Program Integrity Proposals •
Treasury/DNP: Allow Treasury’s Do Not Pay (DNP) Business Center to serve as a pass-through between NDNH and federal agency programs that are authorized NDNH access for improper payment purposes.
•
Railroad Retirement Board: Establish eligibility for processing disability benefits in a more efficient manner.
•
HHS/CMS: Allow access to NDNH for HHS’ Centers for Medicare & Medicaid Services (CMS) for program integrity purposes.
Evidence Building Proposals •
Multi/Statistical and Evaluation Access: Grant access to NDNH for federal statistical agencies, units, and evaluation offices or their designees for statistical, research, evaluation, and performance measurement purposes.
•
State Agencies/Workforce Programs: Enable state agencies (designated by each governor with workforce program responsibilities) with the authority to match their data with NDNH for program administration, including program oversight and evaluation. Authorize data exchanges between state agencies that administer child support, workforce, and vocational rehabilitation programs. Would simplify state reporting on WIOA performance and evaluation results.”
[HHS, FY2020 ACF Congressional Justification, pp. 330-331.]
CRS-18
FY
Dept.
Agency
Excerpt of Proposal
2020
Treasury
FS
“This proposal seeks an expansion of Treasury's authority to access or attach income withholding orders to regular payments.44
The FY2020 President's budget requested a number of changes to NDNH authorities. With regard to CSE, the budget proposes that businesses or government entities that receive services from non-employees (such as independent contractors) be required to report information about those individuals to the appropriate SDNH. In addition, the budget would allow state CSE programs access to the NDNH for evidence building-related activities (see below for related requested authorities).45
The budget also includes a number of proposed expansions to NDNH data sharing authorities for non-CSE purposes, primarily for "evidence building" (i.e., research) and "program integrity." The research-related proposals include
The program integrity-related proposals include
The FY2020 budget request also would mandate that state UI programs conduct cross-matches with the NDNH (instead of giving them the option, as under current law51) to identify individuals who continue to claim UI benefits after returning to work.52
Author Contact Information
Acknowledgment
An earlier version of this report was authored by Carmen Solomon-Fears, a retired Specialist in Social Policy at the Congressional Research Service.
1. |
Federal law provisions related to the State Directory of New Hires are in Section 453A of the Social Security Act. Federal law provisions specifically related to the NDNH (i.e., the national system) are in Sections 453(i) and (j) of the act. The NDNH, together with the State Directories of New Hires and the federal and state Child Support Case Registries, was enacted as part of the 1996 welfare reform law. Other provisions in Section 453 governing the Federal Parent Locator Service (FPLS), of which the NDNH is a component system, may also be relevant. |
2. |
U.S. Department of Health and Human Services (HHS), Administration for Children and Families (ACF), Office of Child Support Enforcement (OCSE), 15 Facts on Employer New Hire Reporting Child Support Enforcement: A Compilation of Evidence and Experience from the States, February 12, 1997, pp. 1-2. |
3. |
A putative father is "the person alleged to be the father of the child but who has not yet been medically or legally declared to be the legal father" (HHS, ACF, OCSE, Glossary of Common Child Support Terms, 2013, https://www.acf.hhs.gov/sites/default/files/programs/css/child_support_glossary.pdf). |
4. |
HHS, ACF, OCSE, Preliminary Data Report for FY2018, Table P-97, https://www.acf.hhs.gov/css/resource/fy-2018-preliminary-data-report. |
5. |
For a summary of FPLS components, see CRS Report RS22380, Child Support Enforcement: Program Basics, by Jessica Tollestrup. |
6. |
The NDNH system itself is housed in the Social Security Administration's (SSA's) enterprise data infrastructure. |
7. |
HHS, ACF, OCSE, Preliminary Data Report for FY2018, Table P-97, https://www.acf.hhs.gov/css/resource/fy-2018-preliminary-data-report. |
8. |
The W-4 form, also called the Employee's Withholding Allowance Certificate, is the form all employees must complete so that employers can withhold the correct federal income tax from each person's paycheck. Since the enactment of P.L. 112-40, the requirement to report "newly hired employees" has been expanded to include rehired employees who have been separated from employment for at least 60 days. |
9. |
HHS, ACF, OCSE, National Directory of New Hires Guide for Data Submission, Version 13.3, February 8, 2019, pp. 2-1 and 2-2, https://www.acf.hhs.gov/sites/default/files/ocse/ndnh_guide_for_data_submission.pdf. |
10. |
States have the option of imposing a civil monetary penalty for the failure of employers to report the required new hire information. The penalty cannot exceed $25 per failure to meet the requirements with respect to each newly hired employee, or $500 if under state law the failure is the result of a conspiracy between the employer and the employee not to supply the required report or to supply a false or incomplete report. Section 453(n) of the Social Security Act allows certain employees of a federal or state agency performing intelligence or counterintelligence functions not to be reported to the new hires directories. |
11. |
For information on the federal-state UI system, including coverage issues, see CRS Report RL33362, Unemployment Insurance: Programs and Benefits, by Julie M. Whittaker and Katelin P. Isaacs. |
12. |
HHS, ACF, OCSE, A Guide to the National Directory of New Hires, March 10, 2017, p. 2. |
13. |
Ibid. |
14. |
Social Security Act §453(j). |
15. |
HHS, ACF, OCSE, National Directory of New Hires Guide for Data Submission, Version 13.3, February 8, 2019, pp. 1-5 and 1-6, https://www.acf.hhs.gov/sites/default/files/ocse/ndnh_guide_for_data_submission.pdf. |
16. |
For a full list of time frames for reporting and matching, see ibid., pp. 2-1, 3-1, and 4-1. |
17. |
Federal agencies are required to transmit QW information on federal employees to the NDNH no later than one month after the end of a calendar quarter. |
18. |
HHS, ACF, OCSE, Preliminary Data Report for FY2018, Table P-29, https://www.acf.hhs.gov/css/resource/fy-2018-preliminary-data-report. |
19. |
Kye Lippold and Elaine Sorensen, Characteristics of Families Served by the Child Support (IV-D) Program: 2010 Census Survey Results, Urban Institute, October 2013, p. 13, https://www.urban.org/sites/default/files/publication/24056/412926-Characteristics-of-Families-Served-by-the-Child-Support-IV-D-Program—Census-Survey-Results.PDF. |
20. |
Section 454(17) of the Social Security Act requires that all state CSE programs have in effect agreements with HHS for the use of the FPLS, which includes the NDNH. |
21. |
The Children's Health Insurance Program (CHIP) Reauthorization Act of 2009 (P.L. 111-3), in Section 1942(e), directed the HHS Secretary to enter into data exchange agreements as necessary to permit state programs that meet certain criteria to receive data from the NDNH "relevant to eligibility determinations and determining the correct amount of benefits under a State child health plan under CHIP or a State plan under Medicaid." It does not appear that this provision was ever implemented. |
22. |
For further information, see SSA matching agreements 1074, 1098, and 1306, https://www.ssa.gov/privacy/computer_matching_programs.html. |
23. |
The original authority referenced the "Food Stamp" program. P.L. 110-246 changed program references to the "Supplemental Nutrition Assistance Program" (SNAP). P.L. 113-79 required all state SNAP agencies (rather than giving them the option) to data-match with the NDNH at the time of SNAP certification for the purposes of determining eligibility to receive SNAP benefits and determining the correct amount of those benefits. For further information about SNAP data matching with the NDNH, see CRS Report R45147, Errors and Fraud in the Supplemental Nutrition Assistance Program (SNAP), by Randy Alison Aussenberg. |
24. |
For background, see Department of Justice, Whether the Department of Health and Human Services May Provide the Government Accountability Office Access to Information in the National Directory of New Hires, Memorandum Opinion for the Acting General Counsel, August 23, 2011, https://www.justice.gov/opinion/file/833541/download. |
25. |
See HHS, ACF, OCSE, "A Guide to the National Directory of New Hires," pp. 4-5. |
26. |
See Social Security Act §453(j)(11). For background on how the VA anticipated that the requirement to match data with the NDNH might overlap with existing income-verification processes, see the testimony of Daniel L Cooper, Under Secretary for Benefits, U.S. Department of Veterans Affairs, before the Senate Committee on Veterans' Affairs, May 9, 2007, https://www.va.gov/OCA/testimony/svac/07050920.asp. |
27. |
U.S. Government Accountability Office (GAO), Veterans Disability Benefits: VA Can Better Ensure Unemployability Decisions Are Well Supported, GAO-15-464, June 2015, p. 23, https://www.gao.gov/assets/680/670592.pdf. |
28. |
See, for example, the discussion of the use of NDNH data to locate TANF recipient workers with unreported income, Wade F. Horn, Assistant Secretary for Children and Families, U.S. Department of Health and Human Services, Testimony before the Human Resources Subcommittee, July 14, 2005, https://www.acf.hhs.gov/olab/resource/wade-f-horn-on-ndnh-and-tanf. |
29. |
GAO, Improper Payments: Federal and State Coordination Needed to Report National Improper Payment Estimates on Federal Programs, GAO-06-347, April 2006, p. 59, https://www.gao.gov/assets/250/249728.pdf. |
30. |
See SSA-OCSE Quarterly Match Agreement 1704, p. 46, https://www.hhs.gov/sites/default/files/cma-1704.pdf. |
31. |
See, for example, the findings with regard to SWA utilization of the NDNH in Department of Labor, Office of Inspector General—Office of Audit, Improved Oversight of States' Use of New Hire Tools Would Help Reduce Improper Payments, report to the Employment and Training Administration, September 27, 2018, 04-18-003-03-315, https://www.oig.dol.gov/public/reports/oa/2018/04-18-003-03-315.pdf. |
32. |
David Fein and Jill Hamadyk, Bridging the Opportunity Divide for Low-Income Youth: Implementation and Early Impacts of the Year Up Program, HHS, ACF, Office of Planning, Research, and Evaluation, Report #2018-65 (Washington, DC: Office of Planning, Research, and Evaluation, May 2018), https://www.acf.hhs.gov/sites/default/files/opre/pace_8_year_up_narrative_6_1_18_508.pdf. |
33. |
Christin Durham and Laura Wheaton, Investigating Alternative Sources of Quarterly Wage Data: An Overview of the NDNH, LEHD, WRIS, and ADARE, Urban Institute, October 18, 2012, p. 3, http://www.urban.org/sites/default/files/publication/25971/412688-Investigating-Alternative-Sources-of-Quarterly-Wage-Data-An-Overview-of-the-NDNH-LEHD-WRIS-and-ADARE.PDF. |
34. |
The NDNH is subject to security and privacy requirements under Sections 453(l) and (m) of the Social Security Act. It also is considered to be a system of records under the Privacy Act, and thus is subject to the requirements under that act for administrative, technical, and physical safeguards for both the records matched and any results of those matches (see 5 U.S.C. 552a). |
35. |
HHS, ACF, OCSE, A Guide to the National Directory of New Hires, p. 8. See also HHS, ACF, OCSE, Accuracy of Data Maintained by the National Directory of New Hires and the Effectiveness of Security Procedures, Report to the House of Representatives Committee on Ways and Means and Senate Committee on Finance, July 31, 2002. |
36. |
See, for example, Cato Institute, "'Deadbeat Dad' Database Endangers Everyone," by Doug Bandow, April 30, 1998, https://www.cato.org/publications/commentary/deadbeat-dad-database-endangers-everyone. |
37. |
GAO, National Sex Offender Registry: New Hires Data Has Potential for Updating Addresses of Convicted Sex Offenders, GAO-06-766, July 2006, p. 26, https://www.gao.gov/products/GAO-06-766. See also U.S. Department of the Treasury, Inspector General for Tax Administration, Hearing before the House Committee on Oversight and Government Reform, Subcommittee on Government Organization, Efficiency, and Financial Management, Problems at the Internal Revenue Service: Closing the Tax Gap and Preventing Identity Theft, Testimony of the Honorable J. Russell George, Treasury Inspector General for Tax Administration, April 19, 2012, https://www.treasury.gov/tigta/congress/congress_04192012.pdf. |
38. |
See, for example, the proposal to expand access to and the data collected by the NDNH in Center for Law and Social Policy, CLASP Comments on a Proposed Postsecondary Institution Rating System, Submitted to the U.S. Department of Education, January 31, 2014. p. 5, http://www.clasp.org/resources-and-publications/publication-1/CLASP-Comments-on-PIRS-2-4.pdf. |
39. |
Vicki Turetsky, Preserve the Child Support System: Don't Let the New Hire Database Be Hijacked for Immigrant Employment Verification, Center for Law and Social Policy, May 6, 2008; National Women's Law Center, Impact of the New Employee Verification Act (HR 5515) on Child Support Enforcement, written statement of Joan Entmacher to the Subcommittee on Social Security, House Committee on Ways and Means, May 8, 2008, https://nwlc.org/wp-content/uploads/2015/08/NWLConNEVAandChild%20Support.pdf. |
40. |
Ibid., Table P-29. |
41. |
Lawrence F Katz and Alan B. Krueger, "The Rise and Nature of Alternative Work Arrangements in the United States, 1995–2015," ILR Review, vol. 72, no. 2 (March 2019), pp. 382-416; and CRS Report R44365, What Does the Gig Economy Mean for Workers?, by Sarah A. Donovan, David H. Bradley, and Jon O. Shimabukuro. |
42. |
These state-level requirements have differing income thresholds and a variety of other qualifying criteria for the reporting. See Asaph Glosser and Justin Germain, Independent Contractors and Nontraditional Workers: Implications for the Child Support Program, HHS, Office of the Assistant Secretary for Planning and Evaluation, May 10, 2019, https://aspe.hhs.gov/system/files/pdf/261736/IndependentWorkersChildSupportProgram.pdf. |
43. |
Ibid., p. 6. |
44. |
Ibid., pp. 7-8. See also National Child Support Enforcement Association, "Resolution Supporting New Hire Reporting and Income Withholding Changes for Independent Contractors," August 10, 2019. |
45. |
HHS, ACF, Justification of Estimates for Appropriations Committees FY2020, p. 227, 228, and 330, https://www.acf.hhs.gov/sites/default/files/olab/acf_congressional_budget_justification_2020.pdf. |
46. |
Office of Management and Budget, Fiscal Year 2020 Budget of the U.S. Government, "Analytical Perspectives," p. 63, https://www.whitehouse.gov/wp-content/uploads/2019/03/spec-fy2020.pdf. |
47. |
Ibid., p. 63. |
48. |
HHS, ACF, Justification of Estimates for Appropriations Committees, pp. 228 and 330. |
49. |
Department of the Treasury, Bureau of the Fiscal Service, Congressional Budget Justification and Annual Performance Report and Plan FY2020, p. 10, https://home.treasury.gov/system/files/266/14.-FISCAL-FY-2020-CJ.pdf. |
50. |
RRB, Justification of Budget Estimates FY2020, p. 72, https://rrb.gov/sites/default/files/2019-03/JBE20.pdf. |
51. |
While no statutory requirement under current federal law specifically mandates the use of NDNH by state UI programs, in 2011 DOL issued program guidance to states mandating the use of NDNH for this purpose (citing several existing statutory authorities). For details, see DOL, Employment and Training Administration (ETA), Unemployment Insurance Program Letter, UIPL 19-11, "National Effort to Reduce Improper Payments in the Unemployment Insurance (UI) Program," June 10, 2011, https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=3036. |
52. |
This proposal would also require state UI programs to use two additional data sources to confirm an individual's eligibility for UI benefits: the State Information Data Exchange System (SIDES, administered by Information Technology Support Center [ITSC] and DOL) and the Prisoner Update Processing System (PUPS, administered by the Social Security Administration). Office of Management and Budget, Fiscal Year 2020 Budget of the U.S. Government, "Analytical Perspectives," p. 88, https://www.whitehouse.gov/wp-content/uploads/2019/03/spec-fy2020.pdf; and DOL, FY2020 Congressional Budget Justification for the Employment and Training Administration: State Unemployment Insurance and Employment Service Operations, p. 21, https://www.dol.gov/sites/dolgov/files/general/budget/2020/CBJ-2020-V1-07.pdf. |