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42 U.S. Code § 653a. State Directory of New Hires
(a) Establishment
(1) In general
(A) Requirement for States that have no directory
Except as provided in subparagraph (B), not later than October 1, 1997, each State shall establish an automated directory (to be known as the “State Directory of New Hires”) which shall contain information supplied in accordance with subsection (b) by employers on each newly hired employee.
(B) States with new hire reporting law in existence
A State which has a new hire reporting law in existence on August 22, 1996, may continue to operate under the State law, but the State must meet the requirements of subsection (g)(2) not later than October 1, 1997, and the requirements of this section (other than subsection (g)(2)) not later than October 1, 1998.
(2) DefinitionsAs used in this section:
(A) EmployeeThe term “employee”—
(i)
means an individual who is an employee within the meaning of chapter 24 of the Internal Revenue Code of 1986; and
(ii)
does not include an employee of a Federal or State agency performing intelligence or counterintelligence functions, if the head of such agency has determined that reporting pursuant to paragraph (1) with respect to the employee could endanger the safety of the employee or compromise an ongoing investigation or intelligence mission.
(B) Employer
(i) In general
The term “employer” has the meaning given such term in section 3401(d) of the Internal Revenue Code of 1986 and includes any governmental entity and any labor organization.
(ii) Labor organization
The term “labor organization” shall have the meaning given such term in section 152(5) of title 29, and includes any entity (also known as a “hiring hall”) which is used by the organization and an employer to carry out requirements described in section 158(f)(3) of title 29 of an agreement between the organization and the employer.
(C) Newly hired employeeThe term “newly hired employee” means an employee who—
(i)
has not previously been employed by the employer; or
(ii)
was previously employed by the employer but has been separated from such prior employment for at least 60 consecutive days.