```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 195 Introduced in House (IH)]

104th CONGRESS
  1st Session
                                H. R. 195

         Entitled ``Interstate Child Support Enforcement Act''.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 1995

 Mrs. Roukema introduced the following bill; which was referred to the 
Committee on Ways and Means and, in addition, to the Committees on the 
   Judiciary, Banking and Financial Services, National Security, and 
Economic and Educational Opportunities for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
         Entitled ``Interstate Child Support Enforcement Act''.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; REFERENCE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Interstate Child 
Support Enforcement Act''.
    (b) Reference to Social Security Act.--Except as otherwise 
specifically provided, whenever in this Act an amendment is expressed 
in terms of an amendment to or repeal of a section or other provision, 
the reference shall be considered to be made to that section or other 
provision of the Social Security Act.
    (c) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; reference; table of contents.
Sec. 2. Findings, declarations, and purposes.
                   TITLE I--LOCATE AND CASE TRACKING

Sec. 101. Expansion of use of Federal parent locator system.
Sec. 102. Expansion of data bases accessed by parent locator systems.
Sec. 103. Expansion of access to national network for location of 
                            parents.
Sec. 104. Private attorney access to locate and enforcement services.
Sec. 105. Access to law enforcement systems of records.
Sec. 106. State networks for broadcasting warrants.
                        TITLE II--ESTABLISHMENT

Sec. 201. Service of process.
Sec. 202. Service of process on Federal employees and members of the 
                            armed services relating to child support, 
                            alimony, and parentage obligations.
Sec. 203. Presumed address of obligor and obligee.
Sec. 204. Notification to custodial parents.
Sec. 205. State uniformity regarding establishment of parentage and 
                            support, jurisdiction and venue, and 
                            Federal employee residential status.
Sec. 206. Fair Credit Reporting Act amendments.
Sec. 207. National Child Support Guideline Commission.
Sec. 208. State child support guideline principles.
Sec. 209. Duration of support.
Sec. 210. National subpoena duces tecum.
Sec. 211. Uniform terms in orders.
Sec. 212. Social security numbers on marriage licenses and child 
                            support orders.
Sec. 213. Administrative subpoena power.
                          TITLE III--PARENTAGE

Sec. 301. Parentage.
                         TITLE IV--ENFORCEMENT

Sec. 401. Anti-assignment clauses amended.
Sec. 402. National reporting of new hires and child support 
                            information.
Sec. 403. Direct income withholding.
Sec. 404. Priority of wage withholding.
Sec. 405. Definition of income subject to withholding includes workers' 
                            compensation.
Sec. 406. Consumer Credit Protection Act amendments.
Sec. 407. Election of remedies prohibition.
Sec. 408. Occupational, professional and business licenses
Sec. 409. Driver's licenses.
Sec. 410. Attachment of bank accounts.
Sec. 411. Lotteries, settlements, payouts, awards, and forfeitures.
Sec. 412. Fraudulent transfer pursuit.
Sec. 413. Full IRS collection.
Sec. 414. Bonds.
Sec. 415. Tax offset for non-AFDC post-minor child.
Sec. 416. Attachment of public and private retirement funds.
Sec. 417. Criminal nonsupport.
Sec. 418. Statutes of limitation.
Sec. 419. Interest.
Sec. 420. Health-care enforcement.
Sec. 421. Bankruptcy.
Sec. 422. Federal Government cooperation in enforcement of support 
                            obligations of members of the armed forces 
                            and other persons entitled to payments by 
                            the Federal Government.
Sec. 423. UIFSA endorsement.
                  TITLE V--COLLECTION AND DISTRIBUTION

Sec. 501. Priority of distribution of collections.
Sec. 502. Relationship of AFDC to CSE--limiting reimbursement claims to 
                            award amount.
Sec. 503. Fees for non-AFDC clients.
Sec. 504. Collection and disbursement points for child support.
                         TITLE VI--FEDERAL ROLE

Sec. 601. Placement and role of the Federal Child Support Agency.
Sec. 602. Training.
Sec. 603. Staffing.
Sec. 604. Funding and incentives for child support agencies.
Sec. 605. Child support definition.
Sec. 606. Audits.
Sec. 607. Child support assurance demonstration projects.
                         TITLE VII--STATE ROLE

Sec. 701. Prohibition of residency requirement for IV-D services.
Sec. 702. Advocating for children's economic security.
Sec. 703. Duties of IV-D agencies.
Sec. 704. Broader access to services.
Sec. 705. Process for change of payee in IV-D cases.
                       TITLE VIII--EFFECTIVE DATE

Sec. 801. Effective date.

SEC. 2. FINDINGS, DECLARATIONS, AND PURPOSES.

    (a) Findings.--The Congress finds that--
            (1) there is a large and growing number of child support 
        and parentage cases annually involving disputes between parents 
        or presumed parents who reside in different States;
            (2) the laws by which the courts of the various States 
        determine their authority to establish, enforce, or modify a 
        child support order, or to establish parentage are not uniform;
            (3) those laws, along with the limits imposed by a Federal 
        system, on the authority of each State to take certain actions 
        outside its own boundaries, contribute to--
                    (A) the pressing problem of parties moving to avoid 
                jurisdiction,
                    (B) inequities based solely on choice of domicile,
                    (C) disregard of court orders resulting in massive 
                arrearages nationwide,
                    (D) excessive relitigation of cases,
                    (E) the establishment of conflicting orders by the 
                courts of various States, and
                    (F) inter-jurisdiction travel and communication 
                that is so expensive and time consuming as to disrupt 
                parties' occupations and commercial activities; and
            (4) among the results of these conditions are--
                    (A) the failure of the courts of such jurisdictions 
                to give full faith and credit to the judicial 
                proceedings of the other States,
                    (B) the deprivation of rights of liberty and 
                property without due process of law,
                    (C) burdens on commerce among the States, and
                    (D) harm to the welfare of children and their 
                parents and other custodians.
    (b) Declaration.--Based on the findings stated in subsection (a), 
it is necessary to establish national standards under which the courts 
of each State will determine their jurisdiction to establish, enforce, 
or modify a child support order, or to establish parentage and the 
effect to be given by each State to such determinations by the courts 
of other States.
    (c) Purpose.--The general purposes of this Act are to--
            (1) expand the forums available to establish, enforce, or 
        modify a child support order, or to establish parentage so that 
        such actions may be heard in the State that has the strongest 
        interest in the child's financial security;
            (2) promote and expand the exchange of information and 
        other forms of mutual assistance between States that are 
        concerned with the same child;
            (3) facilitate the enforcement of support decrees among the 
        States;
            (4) discourage continuing interstate controversies over 
        child support in the interest of greater financial stability 
        and secure family relationships for the child; and
            (5) avoid jurisdictional competition and conflict between 
        courts in matters relating to the establishment, enforcement, 
        and modification of child support orders, and to the 
        establishment of parentage, which have resulted in the movement 
        of parties among States and a low percentage of interstate 
        cases with support orders, thereby adversely affecting 
        children's well-being.
    (d) Definitions.--For purposes of this Act--
            (1) State.--The term ``State'' means a State of the United 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, a territory or possession of the United States, and 
        Indian country as defined in section 1151 of title 18, United 
        States Code.
            (2) Court.--The term ``court'' means a court, 
        administrative process, or quasijudicial process of a State 
        that is authorized to--
                    (A) establish and enforce parentage orders;
                    (B) establish and enforce orders regarding the 
                amount of support payable by a contestant; or
                    (C) modify orders regarding the amount of support 
                payable by a contestant.

                   TITLE I--LOCATE AND CASE TRACKING

SEC. 101. EXPANSION OF USE OF FEDERAL PARENT LOCATOR SYSTEM.

    Section 453 (42 U.S.C. 653) is amended--
            (1) by striking ``for the purpose of enforcing support 
        obligations against such parent'' in subsection (a) and 
        inserting ``for the purposes of parentage establishment, child 
        support establishment, modification, and enforcement, and child 
        visitation enforcement, provided that safeguards are in place 
        to prevent release of information when it may jeopardize the 
        safety of the children or either parent'', and
            (2) by inserting ``and such reasonable fees'' after ``such 
        documents'' in subsection (d).

SEC. 102. EXPANSION OF DATA BASES ACCESSED BY PARENT LOCATOR SYSTEMS.

    (a) Additional Information for Federal Parent Locator Service.--
Section 453 (42 U.S.C. 653) is amended--
            (1) by striking ``the most recent address and place of 
        employment'' in subsection (b) and inserting ``the most recent 
        residential address, employer name and address, and amounts and 
        nature of income and assets'',
            (2) by striking ``the resident parent'' in subsection 
        (c)(3) and inserting ``either parent'', and
            (3) by adding at the end of subsection (e) the following 
        new paragraph:
    ``(4) The Secretary of the Treasury shall enter into an agreement 
with the Secretary to provide prompt access for the Secretary (in 
accordance with this subsection and section 6103(l)(6) of the Internal 
Revenue Code of 1986) to the quarterly estimated Federal income tax 
returns filed by individuals with the Internal Revenue Service.''.
    (b) State Information.--Section 466(a) (42 U.S.C. 666(a)) is 
amended by inserting after paragraph (11) the following new paragraphs:
            ``(12) Procedures under which the State agency shall have 
        automated on-line or batch access (or, if necessary, 
        nonautomated access) to information regarding residential 
        addresses, employers and employer addresses, income and assets, 
        and medical insurance benefits with respect to absent parents 
        through various data bases. Such data bases shall include data 
        bases belonging to--
                    ``(A) the State revenue or taxation department;
                    ``(B) the State motor vehicle registration 
                department;
                    ``(C) the State employment security department;
                    ``(D) the State crime information system;
                    ``(E) the State bureau of corrections;
                    ``(F) the State recreational, occupational, and 
                professional licensing department;
                    ``(G) the Secretary of State's office;
                    ``(H) the State bureau of vital statistics;
                    ``(I) State or local agencies administering public 
                assistance;
                    ``(J) State or local real and personal property 
                record departments;
                    ``(K) publicly regulated utility companies located 
                in the State;
                    ``(L) credit reporting agencies located in the 
                State; and
                    ``(M) trade and labor unions located in the State.
            ``(13) Procedures under which the State agency shall 
        maintain a child support order registry which shall include--
                    ``(A) each child support order in the State in 
                which the parties agree to the inclusion of such order 
                in the registry; and
                    ``(B) at the option of the State, all other child 
                support orders in the State.''.
    (c) Sense of the Congress.--It is the sense of the Congress that 
the Secretary of Health and Human Services should investigate pursuant 
to section 453(e) of the Social Security Act (42 U.S.C. 653(e)) 
accessing Federal data banks not already linked to the Parent Locator 
Service which are deemed more-than-marginally useful to locate absent 
parents.
    (d) Effective Date.--The amendments made by subsections (a) and (b) 
shall take effect on and after January 1, 1998.

SEC. 103. EXPANSION OF ACCESS TO NATIONAL NETWORK FOR LOCATION OF 
              PARENTS.

    (a) In General.--Section 453 (42 U.S.C. 653) is amended by adding 
at the end the following new subsection:
    ``(g) The Secretary, through the Office of Child Support 
Enforcement, shall expand the Parent Locator System, established under 
this section to provide a national network based on the comprehensive 
statewide child support enforcement systems developed by the various 
States. Such an expansion would--
            ``(1) allow each State to--
                    ``(A) locate any absent parent who owes a child 
                support obligation, for whom an obligation is being 
                established, or for whom an order for visitation is 
                being enforced by--
                            ``(i) accessing the records of other State 
                        agencies and sources of locate information, and
                            ``(ii) accessing Federal sources of locate 
                        information in the same fashion;
                    ``(B) access the files of other States to determine 
                whether there are other child support orders and obtain 
                the details of those orders;
                    ``(C) provide for both on-line and batch processing 
                of locate requests, with on-line access restricted to 
                cases in which the information is needed immediately 
                (i.e., court appearances) and batch processing used to 
                `troll' data bases to locate individuals or update 
                information periodically; and
                    ``(D) direct locate requests to individual States 
                or Federal agencies, broadcast requests to selected 
                States, or broadcast cases to all States when there is 
                no indication of the source of needed information;
            ``(2) provide for a maximum of 72-hour turnaround time for 
        information to be broadcast and returned to a requesting State;
            ``(3) provide ready access to courts of the information on 
        the network; and
            ``(4) access the registry of child support orders for 
        public and private cases maintained at the State level by the 
        State agencies as described in section 466(a)(13).''.
    (b) Expanded State Interaction With National Network.--Section 
454(16) (42 U.S.C. 654(16)) is amended--
            (1) by striking ``and (E)'' and inserting ``(E)'', and
            (2) by striking ``enforcement;'' at the end of subparagraph 
        (E) and inserting ``enforcement, and (F) to provide access to 
        the national network developed pursuant to section 453(g);''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on and after January 1, 1998.

SEC. 104. PRIVATE ATTORNEY ACCESS TO LOCATE AND ENFORCEMENT SERVICES.

    Section 466(a) (42 U.S.C. 666(a)), as amended by section 102, is 
amended by inserting after paragraph (13) the following new paragraph:
            ``(14) Procedures under which private attorneys and pro se 
        obligees are given access to State locate information and 
        enforcement techniques of the State child support enforcement 
        agency, for the limited purpose of establishing, modifying, and 
        enforcing child support, visitation, and parentage orders, 
        provided that safeguards are in place to prevent release of 
        information when it may jeopardize the safety of the children 
        or either parent. Such procedures may provide for reasonable 
        fees for such access.''.

SEC. 105. ACCESS TO LAW ENFORCEMENT SYSTEMS OF RECORDS.

    The head of the National Criminal Information Center, of the 
National Law Enforcement Telecommunications Network, and of any other 
national or regional system for tracking individuals shall--
            (1) allow access to Federal, State, and local child support 
        enforcement agencies to information held by the Center, 
        Network, or other system; and
            (2) if an access code is required to allow such access, 
        provide an access code to each child support enforcement agency 
        that applies for one.

SEC. 106. STATE NETWORKS FOR BROADCASTING WARRANTS.

    Section 466(a) (42 U.S.C. 666(a)), as amended by section 104, is 
amended by inserting after paragraph (14) the following new paragraph:
            ``(15) Procedures under which the State--
                    ``(A) shall make available for broadcasting on its 
                local and State crime information system failure-to-
                appear warrants, capiases and bench warrants issued by 
                courts in civil and criminal parentage and child 
                support proceedings; and
                    ``(B) if a defendant or anyone on behalf of the 
                defendant posts security after being arrested, shall 
                remit any subsequent forfeiture to the individual owed 
                the child support obligation to the extent of any 
                arrearage in such obligation.''.

                        TITLE II--ESTABLISHMENT

SEC. 201. SERVICE OF PROCESS.

    Section 466(a) (42 U.S.C. 666(a)), as amended by section 106, is 
amended by inserting after paragraph (15) the following new paragraph:
            ``(16) Procedures under which the State shall--
                    ``(A) treat out-of-State service of process in 
                child support and parentage actions in the same manner 
                as in-State service of process;
                    ``(B) require that notice for the exercise of 
                jurisdiction over nonresident be given in a manner 
                reasonably calculated to give actual notice and may 
                be--
                            ``(i) by personal delivery outside the 
                        State in the manner prescribed for service of 
                        process within the State;
                            ``(ii) in the manner prescribed by the law 
                        of the place in which the service is made;
                            ``(iii) by first-class mail addressed to 
                        the individual to be served (if allowed by the 
                        State's rules of civil procedure) or any other 
                        form of mail that includes a request for a 
                        receipt or signature of such individual, 
                        subject to the requirements of such rules of 
                        civil procedure; or
                            ``(iv) as directed by the court, including 
                        publication if other means of notification are 
                        ineffective, subject to the requirements of the 
                        State's rules of civil procedure;
                    ``(C) require that notice to commence a child 
                support or parentage action be delivered, mailed, or 
                published with sufficient time to allow for serving an 
                answer or other response before any hearing in the 
                State, in accordance with the otherwise applicable rule 
                regarding the commencement of an original action in the 
                State;
                    ``(D) require notice of the commencement of a child 
                support or parentage action to each party whose rights, 
                privileges, duties, or powers may be affected by the 
                action;
                    ``(E) require that proof of service outside the 
                State may be made by the affidavit of the individual 
                who made the service, or in the manner prescribed by 
                the law of the State, by the order under which the 
                service is made, or by the law of the place in which 
                service is made, and if service is made by mail, proof 
                of service may be by a receipt signed by the addressee 
                or other evidence of delivery to the addressee; and
                    ``(F) require the availability of first-class mail 
                service after the service of the summons and initial 
                pleadings.''.

SEC. 202. SERVICE OF PROCESS ON FEDERAL EMPLOYEES AND MEMBERS OF THE 
              ARMED SERVICES RELATING TO CHILD SUPPORT, ALIMONY, AND 
              PARENTAGE OBLIGATIONS.

    (a) In General.--Part D of title IV is amended by inserting after 
section 460 the following new section:

  ``service of process on federal employees and members of the armed 
services relating to child support, alimony, and parentage obligations.

    ``Sec. 460A. (a) The head of each agency shall designate an agent 
for receipt of service of process for any employee or member of the 
armed services of such agency relating to any action filed in a State 
court to establish, enforce, or modify a child support order or an 
alimony order, or to establish parentage.
    ``(b) The agent designated under subsection (a) shall receive 
service of process--
            ``(1) at the designated post of duty or regular place of 
        business of the employee or member of the armed services; or
            ``(2) at a location within the United States for an 
        employee or member of the uniformed services whose post of duty 
        is outside of the United States.
    ``(c) Nothing in this section shall be construed to prohibit any 
employee or member of the armed services from requesting or being 
granted a stay or continuance in any action in a Federal or State 
court, including any relief available under the Soldiers and Sailors 
Civil Relief Act of 1940 (50 U.S.C. App. 501 et seq.).
    ``(d) For purposes of this section, the term `agency' means each 
agency of the Federal Government, including--
            ``(1) an Executive agency as defined under section 105 of 
        title 5, United States Code;
            ``(2) the Department of Defense with regard to employees of 
        such department and members of the armed services;
            ``(3) the United States Postal Service and Postal Rate 
        Commission;
            ``(4) any agency of the government of the District of 
        Columbia;
            ``(5) any agency of the legislative or judicial branch of 
        the Government; and
            ``(6) any advisory committee to which the Federal Advisory 
        Committee Act (5 U.S.C. App. 2) applies.''.
    (b) Conforming Amendment for Garnishment Proceedings.--Section 
459(b) (42 U.S.C. 659(b)) is amended--
            (1) by inserting ``(1)'' after ``(b)''; and
            (2) by adding at the end thereof the following new 
        paragraph:
    ``(2) With respect to any Federal employee, including any member of 
the armed services, the agent designated under paragraph (1) shall 
receive service of process--
            ``(A) at the designated post of duty or regular place of 
        business of the employee or member of the armed services; or
            ``(B) at a location within the United States for an 
        employee or member of the armed services whose post of duty is 
        outside of the United States.
    ``(3) Nothing in this section shall be construed to prohibit any 
employee or member of the armed services from requesting or being 
granted a stay or continuance in any action in a Federal or State 
court, including any relief available under the Soldiers and Sailors 
Civil Relief Act of 1940 (50 U.S.C. App. 501 et seq.).''.
    (c) Regulations.--No later than 270 days after the date of the 
enactment of this Act, the head of each agency shall promulgate and 
publish regulations implementing the amendments made by this section.

SEC. 203. PRESUMED ADDRESS OF OBLIGOR AND OBLIGEE.

    Section 466(a) (42 U.S.C. 666(a)), as amended by section 201, is 
amended by inserting after paragraph (16) the following new paragraph:
            ``(17) Procedures under which the State shall--
                    ``(A) require the filing of parents' residential 
                addresses, mailing addresses, home telephone numbers, 
                driver's license numbers, social security numbers, 
                names of employers, addresses of places of employment, 
                and work telephone numbers with the appropriate court 
                or administrative agency, on or before the date the 
                final order is issued;
                    ``(B) create the presumption that for the purpose 
                of providing sufficient notice in any support-related 
                action other than the initial notice in an action to 
                establish parentage or establish a child support order 
                that the last residential address of the party given to 
                the appropriate agency or court is the current address 
                of the party; and
                    ``(C) ensure that information concerning the 
                location of a parent or child shall not be released to 
                the other parent if there is a court order for the 
                physical protection of one parent or child entered 
                against the other parent.''.

SEC. 204. NOTIFICATION TO CUSTODIAL PARENTS.

    Section 454 (42 U.S.C. 654) is amended by striking ``and'' at the 
end of paragraph (23), by striking the period at the end of paragraph 
(24) and inserting ``; and'', and by inserting after paragraph (24) the 
following new paragraph:
            ``(25) provide that the agency administering the plan--
                    ``(A) notify any individual owed a child support 
                obligation of all hearings in which such obligation 
                might be established, modified, or enforced, in a 
                timely fashion to allow custodial parents the 
                opportunity to attend and present evidence to the 
                court, except that failure to actually notify such 
                individual may not be used as a ground for delay and 
                shall not prevent a court from rendering a decision if 
                the agency made reasonable attempts to provide such 
                notice; and
                    ``(B) provide custodial parents with a copy of any 
                order that establishes, modifies, or enforces a child 
                support obligation within 14 days of the date of the 
                issuance of such order.''.

SEC. 205. STATE UNIFORMITY REGARDING ESTABLISHMENT OF PARENTAGE AND 
              SUPPORT, JURISDICTION AND VENUE, AND FEDERAL EMPLOYEE 
              RESIDENTIAL STATUS.

    Section 466(a) (42 U.S.C. 666(a)), as amended by section 203, is 
amended by inserting after paragraph (17) the following new paragraph:
            ``(18) Procedures under which within the State--
                    ``(A) a party seeking both parentage and child 
                support establishment shall be able to bring both in a 
                single cause of action;
                    ``(B) the venue for parentage establishment shall 
                be in the county of residence of the child, when the 
                child and alleged parent who is the defendant reside in 
                different counties within the State;
                    ``(C) a court or agency that issues a parentage or 
                child support order shall have continuing and exclusive 
                jurisdiction over the order until that court or agency 
                transfers jurisdiction to the appropriate court or 
                agency in the county where the child resides, or the 
                parties consent to be bound by another court or agency 
                in the State that has subject matter jurisdiction;
                    ``(D) proceedings for purposes of enforcement and 
                modification shall be transferred to the city, county, 
                or district where the child resides without the need 
                for refiling by the plaintiff or re-serving the 
                defendant;
                    ``(E) a court or agency that hears parentage or 
                child support claims shall have statewide jurisdiction 
                over the parties, and the parentage and child support 
                orders issued by the court or agency shall have 
                statewide effect for enforcement purposes; and
                    ``(F) visitation denial is not a defense to child 
                support enforcement and the nonpayment of support is 
                not a defense to visitation enforcement.''.

SEC. 206. FAIR CREDIT REPORTING ACT AMENDMENTS.

    Section 604 of the Consumer Credit Protection Act (15 U.S.C. 1681b) 
is amended by adding at the end thereof the following new paragraph:
    ``(4) To an agency administering a State plan under section 454 of 
the Social Security Act (42 U.S.C. 654) to use the information relevant 
to the setting of an initial or modified child support award, without 
the necessity of a court order.''.

SEC. 207. NATIONAL CHILD SUPPORT GUIDELINE COMMISSION.

    (a) Establishment.--There is hereby established a commission to be 
known as the ``National Child Support Guidelines Commission'' (in this 
section referred to as the ``Commission'').
    (b) General Duties.--The Commission shall convene a conference to 
study the desirability of a national child support guideline, and if 
such guideline is advisable, the Commission shall develop for 
congressional consideration a national child support guideline that is 
based on the conference's study of various guideline models, the 
deficiencies of such models and any needed improvements.
    (c) Membership.--
            (1) Number; appointment.--
                    (A) In general.--The Commission shall be composed 
                of 9 individuals appointed jointly by the Secretary of 
                Health and Human Services and the Congress, not later 
                than January 15, 1994.
                    (B) Qualifications of members.--Members of the 
                Commission shall be appointed from among those who are 
                able to provide expertise and experience in the 
                evaluation and development of child support guidelines. 
                At least 2 of the members shall represent parent child 
                support advocacy groups.
            (2) Terms of office.--Each member shall be appointed for a 
        term of 1 year. A vacancy in the Commission shall be filled in 
        the manner in which the original appointment was made.
    (d) Commission Powers, Compensation, Access to Information, and 
Supervision.--The first sentence of subparagraph (C), the first and 
third sentences of subparagraph (D), subparagraph (F) (except with 
respect to the conduct of medical studies), clauses (ii) and (iii) of 
subparagraph (G), and subparagraph (H) of section 1886(e)(6) of the 
Social Security Act shall apply to the Commission in the same manner in 
which such provisions apply to the Prospective Payment Assessment 
Commission.
    (e) Report.--Not later than 1 year after the appointment of 
members, the Commission shall report to the President and the Congress 
on the results of the study described in subsection (b) and the final 
assessment by the Commission of issues relating to a national child 
support guideline.
    (f) Termination.--The Commission shall terminate upon the 
submission of the report described in subsection (e).

SEC. 208. STATE CHILD SUPPORT GUIDELINE PRINCIPLES.

    Section 467 (42 U.S.C. 667) is amended by adding at the end the 
following new subsections:
    ``(d) The guidelines established pursuant to subsection (a) shall 
include the following principles:
            ``(1) A change in the child support amount resulting from 
        the application of the guidelines since the entry of the last 
        support order is sufficient reason for modification of a child 
        support obligation without the necessity of showing any other 
        change in circumstance.
            ``(2) Any custodial parent requesting a review of a child 
        support award who is not receiving aid for families with 
        dependent children under part A of this title must agree to 
        both review and modification of such award. Such custodial 
        parent shall be advised of a recalculated support amount based 
        on such review and given an opportunity to decline the pursuit 
        of the modification.
    ``(e) The guidelines established pursuant to subsection (a) shall 
take into account the following:
            ``(1) Work-related or job-training-related child care 
        expenses of either parent for the care of children of either 
        parent.
            ``(2) Health insurance and related uninsured health care 
        expenses, and extraordinary school expenses incurred on behalf 
        of the child of such parents for whom the child support order 
        is sought.
            ``(3) Multiple family child raising obligations other than 
        those for the child for whom the child support order is 
        sought.''.

SEC. 209. DURATION OF SUPPORT.

    Section 466(a) (42 U.S.C. 666(a)), as amended by section 205, is 
amended by inserting after paragraph (18) the following new paragraph:
            ``(19) Procedures under which the State--
                    ``(A) requires a continuing support obligation by 
                one or both parents until at least the latter of when a 
                child reaches the age of eighteen, or graduates from or 
                is no longer enrolled in secondary school or its 
                equivalent, unless a child marries, or is otherwise 
                emancipated by a court of competent jurisdiction;
                    ``(B) provides that courts with child support 
                jurisdiction have the discretionary power, pursuant to 
                criteria established by the State, to order--
                            ``(i) child support, payable to an adult 
                        child, at least up to the age of 22 for a child 
                        enrolled in an accredited postsecondary or 
                        vocational school or college and who is a 
                        student in good standing;
                            ``(ii) either or both parents to pay for 
                        postsecondary school support based on each 
                        parent's financial ability to pay;
                    ``(C) provides for child support to continue beyond 
                the child's age of majority provided the child is 
                disabled, unable to be self-supportive, and the 
                disability arose during the child's minority; and
                    ``(D) provides that courts should consider the 
                effect of child support received on means-tested 
                governmental benefits and whether to credit 
                governmental benefits against a support award 
                amount.''.

SEC. 210. NATIONAL SUBPOENA DUCES TECUM.

    Section 452(a) (42 U.S.C. 652(a)) is amended by striking ``and'' at 
the end of paragraph (9), by striking the period at the end of 
paragraph (10), and by inserting after paragraph (10) the following new 
paragraphs:
            ``(11) draft and distribute a national subpoena duces tecum 
        for use by local and State child support agencies and child 
        support litigants to reach income information pertaining to all 
        private, Federal, State, and local government employees, as 
        well as any receivers of income, such subpoena duces tecum--
                    ``(A) to be limited to evidence regarding the prior 
                12 months of income or evidence of accumulated income 
                to date,
                    ``(B) to be honored by payors with the timely 
                mailing of the information to a supplied address on the 
                subpoena,
                    ``(C) to be enforced by a hearing held in the 
                payor's State at which time the payor bears, under 
                penalty of State sanction, the burden of specifying the 
                reasons for not timely honoring the subpoena, and
                    ``(D) the information of which is to be admitted 
                once offered to prove the truth of the matter asserted; 
                and
            ``(12) establish a simplified certification process and 
        admissibility procedure for out-of-State documents in child 
        support or parentage cases.''.

SEC. 211. UNIFORM TERMS IN ORDERS.

    Section 452(a) (42 U.S.C. 652(a)), as amended by section 210, is 
amended by striking ``and'' at the end of paragraph (11), by striking 
the period at the end of paragraph (12) and inserting ``; and'', and by 
inserting after paragraph (12) the following new paragraph:
            ``(13) develop, in conjunction with State executive and 
        judicial organizations, a uniform abstract of a child support 
        order, to be used by all State courts to record the facts of a 
        child support order in a registry of child support orders 
        established under section 466(a)(12), such abstract to 
        include--
                    ``(A) the date that support payments are to 
                commence;
                    ``(B) the circumstances upon which support payments 
                are to terminate;
                    ``(C) the amount of current child support expressed 
                as a sum certain, arrearages expressed as a sum certain 
                as of a certain date, and any payback schedule for the 
                arrearages;
                    ``(D) whether the support award is in a lump sum 
                (nonallocated) or per child;
                    ``(E) if the award is lump sum, the event causing a 
                change in the support award and the amount of any 
                change;
                    ``(F) other expenses, such as those for child care 
                and health care;
                    ``(G) names of the parents;
                    ``(H) social security numbers and dates of birth of 
                the parents;
                    ``(I) names of all children covered by the order;
                    ``(J) dates of birth and social security numbers of 
                children covered by the order;
                    ``(K) court identification (FIPS code, name and 
                address) of the court issuing the order;
                    ``(L) health-care support information; and
                    ``(M) party to contact when additional information 
                is obtained.''.

SEC. 212. SOCIAL SECURITY NUMBERS ON MARRIAGE LICENSES AND CHILD 
              SUPPORT ORDERS.

    Section 466(a) (42 U.S.C. 666(a)), as amended by section 209, is 
amended by inserting after paragraph (19) the following new paragraph:
            ``(20) Procedures under which social security numbers of 
        the individuals applying for a marriage license are listed on 
        the license by each applicant's name.''.

SEC. 213. ADMINISTRATIVE SUBPOENA POWER.

    Section 466(a) (42 U.S.C. 666(a)), as amended by section 212, is 
amended by inserting after paragraph (20) the following new paragraph:
            ``(21) Procedures under which the State agency may issue 
        subpoenas that require the individual served to produce and 
        deliver documents to or to appear at a court or administrative 
        agency on a certain date and may sanction an individual for 
        failing to obey the subpoena's command.''.

                          TITLE III--PARENTAGE

SEC. 301. PARENTAGE.

    (a) State Plan.--Section 454 (42 U.S.C. 654), as amended by section 
204, is amended by striking ``and'' at the end of paragraph (24), by 
striking the period at the end of paragraph (25) and inserting ``; 
and'', and by inserting after paragraph (25) the following new 
paragraph:
            ``(26) in order to encourage voluntary paternity 
        acknowledgement, provide for--
                    ``(A) the development and distribution of material 
                at schools, hospitals, agencies administering the 
                programs under part A of this title and title XIX, 
                prenatal health-care providers, WIC programs, health 
                departments, clinics, and other appropriate locations 
                that describe the benefits and responsibilities of 
                paternity establishment and the process by which 
                paternity services may be obtained,
                    ``(B) outreach programs at hospitals and birthing 
                facilities and programs for prenatal care, child birth, 
                and parenting, and
                    ``(C) the use of consent procedures.''.
    (b) Enhanced Federal Match.--Section 455(a)(1) (42 U.S.C. 
655(a)(1)) is amended by striking ``and'' at the end of subparagraph 
(B), by inserting ``and'' after the semicolon at the end of 
subparagraph (C), and by inserting after subparagraph (C) the following 
new subparagraph:
                    ``(D) equal to 90 percent (rather than the 
                percentage specified in subparagraph (A)) of so much of 
                the sums expended during such quarter as are 
                attributable to costs incurred in carrying out the 
                purposes of section 454(26);''.

                         TITLE IV--ENFORCEMENT

SEC. 401. ANTI-ASSIGNMENT CLAUSES AMENDED.

    Section 462(f)(2) (42 U.S.C. 662(f)(2)) is amended by striking 
``(not including'' and all that follows through ``compensation)''.

SEC. 402. NATIONAL REPORTING OF NEW HIRES AND CHILD SUPPORT 
              INFORMATION.

    (a) Federal Implementation of System.--
            (1) In general.--The Secretary of the Treasury, in 
        consultation with the Secretary of Labor, shall establish a 
        system of reporting of new employees by requiring employers to 
        provide a copy of every new employee's W-4 form to the child 
        support enforcement agency of the State in which the employment 
        is located.
            (2) Expanded use of form.--The Secretary of the Treasury 
        shall modify the W-4 form completed by the new employee to 
        include--
                    (A) whether a child support obligation is owed by 
                the new employee, and if so, to whom such obligation is 
                payable and the amount of such obligation,
                    (B) whether payment of such obligation is to be by 
                income withholding, and
                    (C) whether the new employee has health care 
                insurance available.
            (3) Employer withholding obligation.--
                    (A) In general.--Subtitle C of the Internal Revenue 
                Code of 1986 (relating to employment taxes) is amended 
                by inserting after chapter 24 the following new 
                chapter:

  ``CHAPTER 24A--COLLECTION OF CHILD SUPPORT OBLIGATIONS AT SOURCE OF 
                                 WAGES

                              ``Sec. 3411. Child support obligations 
                                        collected at source of wages.

``SEC. 3411. CHILD SUPPORT OBLIGATIONS COLLECTED AT SOURCE OF WAGES.

    ``(a) Requirement of Withholding.--Every employer making payment of 
wages shall deduct and withhold upon such wages a specified child 
support obligation amount.
    ``(b) Specified Child Support Obligation Amount.--For purposes of 
this chapter, the specified child support obligation amount with 
respect to any employee shall be determined based on information 
provided by the employee that has been confirmed or corrected by the 
State enforcing the wage withholding within which the employer is 
located under procedures described in section 466(a)(22) of the Social 
Security Act.
    ``(c) Liability for Payment.--The employer shall be liable for the 
payment of the specified child support obligation amount to the payee 
identified by the employee.
    ``(d) Special Rules.--For purposes of this chapter (and so much of 
subtitle F as relates to this chapter), any specified child support 
obligation amount shall be treated as if it were a tax withheld under 
chapter 24 and rules similar to the rules of such chapter shall apply.
    ``(e) Definitions.--For purposes of this section, the terms 
`wages', `employee' and ``employer' shall have the meanings given to 
such terms by subsections (a), (c), and (d), respectively.''
                    (B) Clerical amendment.--The table of chapters of 
                subtitle C of the Internal Revenue Code of 1986 is 
                amended by inserting after the item relating to chapter 
                24 the following new item:

                              ``Chapter 24A. Child support obligations 
                                        collected at source of 
                                        wages.''.
            (4) Withheld child support obligations reported on w-2 
        forms.--Subsection (a) of section 6051 of the Internal Revenue 
        Code of 1986 (relating to receipts for employees) is amended by 
        striking ``and'' at the end of paragraph (8), by striking the 
        period at the end of paragraph (9) and inserting ``, and'', and 
        by inserting after paragraph (9) the following new paragraph:
            ``(10) the total amount of specified child support 
        obligations withheld under section 3411.''.
    (b) State Implementation of System.--Section 466(a) (42 U.S.C. 
666(a)), as amended by section 213, is amended by inserting after 
paragraph (21) the following new paragraph:
            ``(22) Procedures under which the State shall--
                    ``(A) impose monetary penalties on--
                            ``(i) any individual who owes child support 
                        obligations who fails to report such 
                        obligations on a Federal income tax W-4 form at 
                        time of employment;
                            ``(ii) any employer who fails to forward 
                        such W-4 form to the State child support 
                        enforcement agency within 10 calendar days of 
                        the date of the employment of such individual; 
                        and
                            ``(iii) any employer who fails to withhold 
                        the child support obligation and disburse such 
                        obligation to the individual owed such 
                        obligation within 10 calendar days of the date 
                        of the payroll, using electronic funds 
                        transfer, if possible, unless otherwise 
                        notified by such State agency;
                    ``(B) confirm the information provided under 
                subparagraph (A)(ii) or identify child support 
                obligations that have not been reported by the new 
                employee through the use of the Parent Locator System 
                established under section 453;
                    ``(C) notify the employer in cases where the 
                employee has not correctly reported on the W-4 using a 
                standard wage withholding notice developed by the 
                Federal Office of Child Support Enforcement under 
                section 452(a)(14);
                    ``(D) broadcast over the Parent Locator System to 
                other States information based on W-4 form information 
                that has been sent to the State child support 
                enforcement agency; and
                    ``(E) in the event of a match between the W-4 
                related information and the abstract of support orders 
                on file in the State registry of child support orders, 
                notify the individual owed a child support obligation 
                or such individual's designee of such information.
        If an individual owed a child support obligation who is not 
        utilizing the State program under this part desires the wage 
        withholding services described in this paragraph, such 
        individual shall be required to apply for assistance under the 
        State plan.''.
    (c) Effective Date.--The provisions and amendments made by this 
section shall take effect on and after January 1, 1998.

SEC. 403. DIRECT INCOME WITHHOLDING.

    (a) State Law.--
            (1) In general.--Section 466(b) (42 U.S.C. 666(b)) is 
        amended by adding at the end the following new paragraphs:
            ``(11) Any individual or entity engaged in commerce, as a 
        condition of doing business in the State, shall honor income 
        withholding notices or orders issued by a court or agency of 
        any other State. Service of the notice may be by first-class 
        mail, or directly served on the income source. The individual 
        or entity served shall immediately provide a copy of the notice 
        to the employee. The individual or entity shall honor the 
        withholding notice or order--
                    ``(A) if such notice or order is regular on its 
                face,
                    ``(B) regardless of the location of the employee's 
                workplace.
        If such notice or order is fully complied with, the individual 
        or entity may not be held liable for wrongful withholding.
            ``(12) In any case under this part, if a contest to or 
        refusal to comply with an income withholding notice or order 
        occurs, the State seeking withholding shall send an 
        informational copy of the withholding notice or order to the 
        registry established under subsection (a)(15) in the State in 
        which the employee is employed or which is the source of the 
        income.''.
            (2) Contest hearing.--Paragraph (4) of section 466(b) (42 
        U.S.C. 666(b)) is amended by adding at the end the following 
        new subparagraph:
            ``(C) If the employee requests a hearing to contest the 
        withholding based on a mistake of fact, that hearing may be 
        held in the State of the income source or the State of the 
        employee's employment, with a determination made within 45 days 
        of the mailing of the withholding notice or order to the income 
        source. The State where any hearing is held shall provide the 
        appropriate services in cases enforced under the State plan to 
        ensure that the interests of the individual owed the child 
        support obligation are represented.''.
            (3) Employer records.--Paragraph (6) of section 466(b) (42 
        U.S.C. 666(b)) is amended by adding at the end the following 
        new subparagraph:
            ``(E) The employer shall maintain records of payroll 
        deductions taken in compliance with this section and make such 
        records available upon request to the State or individual 
        enforcing the wage withholding order.''.
    (b) Uniform Withholding Notice.--Section 452(a) (42 U.S.C. 652(a)), 
as amended by section 211, is amended by striking ``and'' at the end of 
paragraph (12), by striking the period at the end of paragraph (13) and 
inserting ``; and'', and by inserting after paragraph (13) the 
following new paragraph:
            ``(14) develop a uniform withholding notice to be used in 
        all income withholding cases, such notice to list the number of 
        children covered by such notice and to be generic to allow for 
        the service of the same notice on subsequent or concurrent 
        sources of income without the necessity of obtaining from the 
        decisionmaker a new, income-source-specific notice.''.

SEC. 404. PRIORITY OF WAGE WITHHOLDING.

    Section 466(b) (42 U.S.C. 666(a)), as amended by section 403, is 
amended by inserting after paragraph (14) the following new paragraph:
            ``(13) Procedures under which, absent a request by the 
        custodial parent, the presumptive priority of withholding under 
        a child support or income withholding order is--
                    ``(A) payments on current support obligations,
                    ``(B) payments of premiums for health insurance for 
                dependent children, and
                    ``(C) payments on past due child support 
                obligations and unreimbursed health-care expenses.
        In the case of multiple withholding orders affecting the same 
        employee, payments shall be made to each child on a pro rata 
        basis.''.

SEC. 405. DEFINITION OF INCOME SUBJECT TO WITHHOLDING INCLUDES WORKERS' 
              COMPENSATION.

    Section 462 (42 U.S.C. 662(f)) is amended--
            (1) by striking ``For purposes of section 459'' and 
        inserting ``For purposes of section 459 and, in the case of 
        subsection (f), this part'',
            (2) by striking the period at the end of paragraph (2) of 
        subsection (f) and inserting ``, or'', and
            (3) by adding at the end of subsection (f) the following 
        new paragraph:
            ``(3) workers' compensation benefits.''.

SEC. 406. CONSUMER CREDIT PROTECTION ACT AMENDMENTS.

    (a) Preemption of State Laws.--Section 307 of the Consumer Credit 
Protection Act (15 U.S.C. 1677) is amended--
            (1) by striking ``This'' and inserting ``(a) In General.--
        Subject to subsection (b), this'';
            (2) by striking ``or'' at the end of paragraph (1);
            (3) by striking the period at the end of paragraph (2) and 
        inserting ``, or''; and
            (4) by adding at the end the following:
            ``(3) providing a cause of action, either by the State or a 
        private individual, to enforce a Federal or State law related 
        to garnishment for the purpose of securing child support.
    ``(b) Exception.--Subsection (a)(1) does not apply to the laws of 
any State that prohibit or restrict garnishments for the purpose of 
securing support for any person.''.
    (b) Other Forms of Income.--Title III of the Consumer Credit 
Protection Act (15 U.S.C. 1671 et seq.) is amended by adding at the end 
the following new section:

``SEC. 308. OTHER FORMS OF INCOME.

    ``This title does not apply to forms of income that are not 
earnings within the definition contained in section 302(a).''.
    (c) Priority of Debts.--Title III of the Consumer Credit Protection 
Act (15 U.S.C. 1671 et seq.), as amended by subsection (b), is further 
amended by adding at the end the following new section:

``SEC. 309. PRIORITY OF DEBTS.

    ``If an individual's disposable earnings are not sufficient to 
pay--
            ``(1) a garnishment intended to satisfy a Federal debt; and
            ``(2) a garnishment intended to satisfy a debt related to 
        the support of any child,
the Federal debt shall be satisfied through garnishment only after the 
debt related to child support has first been satisfied.''.
    (d) Additional Indebtedness in Anti-Discharge Section.--Section 304 
of the Consumer Credit Protection Act (16 U.S.C. 1674) is amended by 
adding at the end the following:
    ``(c) The prohibition contained in subsection (a) shall apply to 
any employee whose earnings are subject to garnishment for more than 
one indebtedness, if the additional indebtedness arises from an order 
for the support of a child.''.

SEC. 407. ELECTION OF REMEDIES PROHIBITION.

    Section 466(a) (42 U.S.C. 666(a)), as amended by section 402, is 
amended by inserting after paragraph (22) the following new paragraph:
            ``(23) Procedures under which the doctrine of election of 
        remedies may not be invoked in child support cases.''.

SEC. 408. OCCUPATIONAL, PROFESSIONAL AND BUSINESS LICENSES

    (a) State Hold Based on Warrant or Support Delinquency.--Section 
466(a) (42 U.S.C. 666(a)), as amended by section 407, is amended by 
inserting after paragraph (23) the following new paragraph:
            ``(24) Procedures under which the State occupational 
        licensing and regulating departments and agencies may not issue 
        or renew occupational, professional, or business licenses of--
                    ``(A) noncustodial parents who are the subject of 
                outstanding failure to appear warrants, capiases, and 
                bench warrants related to a child support proceeding 
                that appear on the State's crime information system, 
                until removed from the system; and
                    ``(B) individuals who are delinquent in their child 
                support obligation, until the pro se obligee, the 
                obligee's attorney, or a State prosecutor responsible 
                for child support enforcement consents to, or a court 
                that is responsible for the order's enforcement orders, 
                the release of the hold on the license, or an expedited 
                inquiry and review is completed while such individual 
                is granted a 60-day temporary license.''.
    (b) Federal Hold Based on Support Delinquency.--No Federal agency 
may issue or renew occupational, professional, or business licenses of 
individuals who are delinquent in their child support obligation, until 
the pro se obligee, the obligee's attorney or a State prosecutor 
responsible for child support enforcement consents to, or a court that 
is responsible for the order's enforcement orders, the release of the 
hold on the license, or an expedited inquiry and review is completed 
while such individual is granted a 60-day temporary license.
    (c) Waiver of Federal Immunity.--The Federal Government shall waive 
its sovereign immunity claims for this limited purpose and cooperate 
fully with local and State officials regarding license issuances or 
renewals.

SEC. 409. DRIVER'S LICENSES.

    Section 466(a) (42 U.S.C. 666(a)), as amended by section 408, is 
amended by inserting after paragraph (24) the following new paragraph:
            ``(25) Procedures under which the State motor vehicle 
        department may not issue or renew a driver's license (other 
        than a temporary license of not more than 60-days duration) of 
        any noncustodial parent who is the subject of an outstanding 
        failure to appear warrant, capias, or bench warrant related to 
        a child support proceeding that appears on the State's crime 
        information system, until removed from the system.''.

SEC. 410. ATTACHMENT OF BANK ACCOUNTS.

    Section 466(a) (42 U.S.C. 666(a)), as amended by section 409, is 
amended by inserting after paragraph (25) the following new paragraph:
            ``(26) Procedures under which the State shall authorize 
        post-judgment seizure of the bank accounts of delinquent child 
        support obligors without the need to obtain a separate court 
        order for the attachment. The funds shall be frozen pending 
        notice to and an expedited opportunity to be heard for the 
        account holder or holders. If the account holder or holders do 
        not successfully challenge the freeze, the part of the account 
        subject to the freeze up to the amount of the child support 
        debt shall be turned over to the individual or State seeking 
        the execution.''.

SEC. 411. LOTTERIES, SETTLEMENTS, PAYOUTS, AWARDS, AND FORFEITURES.

    Paragraph (4) of section 466(a) (42 U.S.C. 666(a)) is amended by 
inserting before the period the following: ``, including the following:
                    ``(A) A lottery player's winnings from a State 
                lottery or a gambler's winnings in a State-sanctioned 
                or tribal-sanctioned gambling house or casino held by 
                the distributor.
                    ``(B) Insurance settlements or policy payouts held 
                by the insurance carrier or the risk-holder.
                    ``(C) State or Federal court awards, judgments, or 
                settlements held by either the attorney for the payor 
                or the pro se payor.
                    ``(D) Property seized and forfeited to the State 
                when an individual has been convicted of a crime 
                involving forfeiture of property.''.

SEC. 412. FRAUDULENT TRANSFER PURSUIT.

    Section 466(a) (42 U.S.C. 666(a)), as amended by section 410, is 
amended by inserting after paragraph (26) the following new paragraph:
            ``(27) Procedures that allow the State to void fraudulent 
        conveyances of property that are made in an attempt to avoid 
        child support obligations.''.

SEC. 413. FULL IRS COLLECTION.

    (a) Sense of the Congress.--It is the sense of the Congress that 
the Commissioner of the Internal Revenue Services should instruct the 
field offices and agents of the Internal Revenue Service to give a high 
priority to requests for the use of full collection in delinquent child 
support cases, and to set uniform standards for full collection to 
ensure its expeditious and effective implementation.
    (b) Simplified Procedure.--The Secretary of the Treasury, in 
consultation with the Secretary of Health and Human Services, shall by 
regulation simplify the full collection process and reduce the amount 
of child support arrearage needed before an individual may apply for 
full collection, and shall report to the Congress by January 1, 1997, 
on the actions taken and the effect of such actions.

SEC. 414. BONDS.

    Paragraph (6) of section 466(a) (42 U.S.C. 666(a)) is amended by 
inserting ``(A)'' after ``(6)'' and by adding at the end the following 
new subparagraph:
            ``(B) In cases not involving absent parents, procedures 
        which allow the posting of a cash bond, security deposit, or 
        personal undertaking with the State child enforcement agency if 
        child support payments are not timely made, with the refund of 
        funds (other than the costs of posting) if the individual who 
        owes a child support obligation makes full payments for a 
        prescribed period of time.''.

SEC. 415. TAX OFFSET FOR NONAFDC POST-MINOR CHILD.

    Section 464(c) (42 U.S.C. 664(c)) is amended--
            (1) by striking ``(1) Except as provided in paragraph (2), 
        as'' and inserting ``As'', and
            (2) by striking paragraphs (2) and (3).

SEC. 416. ATTACHMENT OF PUBLIC AND PRIVATE RETIREMENT FUNDS.

    Section 466(a) (42 U.S.C. 666(a)), as amended by section 412, is 
amended by inserting after paragraph (27) the following new paragraph:
            ``(28) Procedures under which--
                    ``(A) an individual owed a child support obligation 
                may attach lump sum funds invested by the individual 
                who owes such obligation or the employer of such 
                individual in public and private retirement plans, 
                including any funds that are prematurely reachable by 
                such individual without loss of employment even if the 
                distribution would cause a penalty or tax to such 
                individual for early withdrawal;
                    ``(B) all early withdrawal penalties or taxes 
                remain the responsibility of the individual who owes 
                such obligation; and
                    ``(C) the attachment is made without the 
                requirement of a separate court order, with notice and 
                an expedited hearing provided if requested.''.

SEC. 417. CRIMINAL NONSUPPORT.

    Section 466(a) (42 U.S.C. 666(a)), as amended by section 416 is 
amended by inserting after paragraph (28) the following new paragraph:
            ``(29) Procedures under which--
                    ``(A) criminal nonsupport penalties may be imposed; 
                and
                    ``(B) the use immunity may be granted to compel 
                testimony in civil child support proceedings where the 
                defendant claims a Fifth Amendment privilege against 
                self-incrimination, and once granted, bars Federal or 
                other State prosecution for criminal nonsupport based 
                on the testimony given in the civil proceeding in which 
                use immunity was granted.''.

SEC. 418. STATUTES OF LIMITATION.

    (a) In General.--Section 466(a) (42 U.S.C. 666(a)), as amended by 
section 417, is amended by inserting after paragraph (29) the following 
new paragraph:
            ``(30) Procedures which permit the enforcement of any child 
        support order until at least the child's 30th birthday.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to orders entered before, on, and after the date of the enactment of 
this Act.

SEC. 419. INTEREST.

    Section 466(a) (42 U.S.C. 666(a)), as amended by section 418, is 
amended by inserting after paragraph (30 the following new paragraph:
            ``(31) Procedures under which the State child support 
        enforcement agency is required to assess and collect interest 
        on all child support judgments, at the rate determined for 
        interest on money judgments, and in addition to any late 
        payment fee imposed by the State under section 454(21).''.

SEC. 420. HEALTH-CARE ENFORCEMENT.

    Section 466(a) (42 U.S.C. 666(a)), as amended by section 419, is 
amended by inserting after paragraph (31) the following new paragraph:
            ``(32) Procedures under which--
                    ``(A) a rebuttable presumption is established that 
                the individual owed a child support obligation shall 
                have the right to choose the appropriate health care 
                insurance for the children of the parties;
                    ``(B) in making the appropriate order for health 
                care insurance, the court shall consider the 
                availability, coverage, and cost of any proposed 
                insurance plan;
                    ``(C) the insurance premium and noncovered health 
                care expenses are apportioned between the parents 
                pursuant to a formula included in the State's child 
                support guideline;
                    ``(D) any insurance premium or sum-certain health 
                care expense for which the individual who owes such 
                obligation is responsible shall be included in the 
                child support order;
                    ``(E) the individual owed such obligation under the 
                child support order may act in the place of the 
                insured, including the right to make direct application 
                for insurance, and to make claims and sign claim forms 
                to the same extent as the insured could;
                    ``(F) if the individual who owes such obligation is 
                securing the insurance, such individual shall provide, 
                within 30 days of the order, written proof to the 
                individual owed such obligation and the State child 
                support enforcement agency that insurance has been 
                obtained or an application made for insurance, and the 
                date the insurance coverage is to take effect;
                    ``(G) each welfare benefit plan operating under the 
                laws of the State is required to include in such plan 
                that--
                            ``(i) the employer or union shall release 
                        to the individual owed such obligation or the 
                        State child enforcement agency, upon request, 
                        information on the dependent coverage including 
                        the name of the insurer,
                            ``(ii) the employer or union or insurer 
                        shall provide all necessary reimbursement forms 
                        to such individual, and
                            ``(iii) the employer or union shall provide 
                        claim forms and enrollment cards to such 
                        individual and honor the signature of such 
                        individual on the claim form;
                    ``(H) courts shall quantify `reasonable cost' in 
                the order providing for medical support; and
                    ``(I) employers located in the State are required 
                to provide notice, using an address provided by the 
                State child support enforcement agency, to the 
                custodial parent for children of any termination or 
                change in benefit of an insurance plan under which 
                children in the parent's care are covered.''.

SEC. 421. BANKRUPTCY.

    (a) Definition.--Section 101 of title 11, United States Code, is 
amended by inserting after paragraph (12) the following new paragraph:
            ``(12a) `debt for child support' means a debt to a child 
        for maintenance for or support of the child within the meaning 
        of section 523(a)(5).''.
    (b)  Exception From Automatic Stay.--Section 362(b) of title 11, 
United States Code, is amended--
            (1) by inserting ``(A)'' after ``(2)'';
            (2) by adding ``or'' after the semicolon; and
            (3) by adding at the end the following new paragraph:
            ``(B) under subsection (a), of the commencement or 
        continuation of a civil action or administrative proceeding 
        against the debtor--
                    ``(i) to establish parentage;
                    ``(ii) to establish, review, adjust, or modify a 
                judgment or order creating a debt for child support; or
                    ``(iii) to enforce or collect on a judgment or 
                order issued in such an action or proceeding;''.
    (c) Treatment of Debt for Child Support in Proceedings Under 
Chapters 11, 12, and 13.--
            (1) Chapter 11.--Section 1123(a) of title 11, United States 
        Code, is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (6);
                    (B) by striking the period at the end of paragraph 
                (7) and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(8) provide for the full payment when due of debts for 
        child support, unless the parent in custody or guardian of the 
        child agrees otherwise.''.
            (2) Chapter 12.--Section 1222(a) of title 11, United States 
        Code, is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (2);
                    (B) by striking the period at the end of paragraph 
                (3) and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(4) provide for the full payment when due of debts for 
        child support, unless the parent in custody or guardian of the 
        child agrees otherwise.''.
            (3) Chapter 13.--Section 1322(a) of title 11, United States 
        Code, is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (2);
                    (B) by striking the period at the end of paragraph 
                (3) and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(4) provide for the full payment when due of debts for 
        child support, unless the parent in custody or guardian of the 
        child agrees otherwise.''.
    (d) Assertion of Claim for Child Support.--
            (1) In general.--Subchapter I of chapter 5 of title 11, 
        United States Code, is amended by adding at the end the 
        following new section:
``Sec. 511. Assertion of claim for child support
    ``(a) In General.--A claim for payment of a debt for child support 
may be asserted by the filing of a claim form that describes the debt.
    ``(b) Fee.--No fee shall be charged for the filing of a claim 
described in subsection (a).
    ``(c) Requirements for Appearance.--A claim described in subsection 
(a) may be made in any court by a person appearing--
            ``(1) in proper person; or
            ``(2) through an attorney admitted to practice in any 
        district court, without the attorney's being required to meet 
        any admission requirements other than those applicable in the 
        district in which the attorney is admitted to practice.''.
            (2) Bankruptcy rules.--Pursuant to section 2705 of title 
        28, United States Code, the Bankruptcy Rules shall be amended 
        as necessary to implement section 511 of title 11, United 
        States Code, as added by paragraph (1); until the Bankruptcy 
        Rules are so amended, any provision of the Bankruptcy Rules or 
        the rules of any court that is inconsistent with that section 
        is superseded by that section.
    (e) Clarification of the Nondischargeability of State Public Debts 
and Assigned Child Support Based on the Provision of Expenditures Under 
Parts A and E of Title IV of the Social Security Act.--Section 523 of 
title 11, United States Code, is amended by adding at the end the 
following new subsection:
    ``(f) For the purposes of subsection (a)(5), a debt to a child of 
the debtor for maintenance for or support of the child includes State 
public debts and assigned child support based on the provision of 
expenditures under parts A and E of title IV of the Social Security Act 
(43 U.S.C. 401 et seq. and 470 et seq.).''.

SEC. 422. FEDERAL GOVERNMENT COOPERATION IN ENFORCEMENT OF SUPPORT 
              OBLIGATIONS OF MEMBERS OF THE ARMED FORCES AND OTHER 
              PERSONS ENTITLED TO PAYMENTS BY THE FEDERAL GOVERNMENT.

    (a) Availability of Current Locator Information.--The Secretary of 
Defense shall prescribe regulations providing for each worldwide 
personnel locator service of the Armed Forces and each installation 
personnel locator service of the Armed Forces--
            (1) to include the residential address of each member of 
        the Armed Forces listed in such service;
            (2) in the case of a change of duty station or residential 
        address of a member so listed, to be updated with regard to the 
        residential address of the member within 30 days after the 
        change of duty station or residential address; and
            (3) to make the information regarding the member's 
        residential address available, on request, to any authorized 
        person (as defined in section 453(c) of the Social Security Act 
        (42 U.S.C. 653(c)) for the purposes of part D of title IV of 
        such Act.
    (b) Facilitating the Granting of Leave for Attendance at 
Hearings.--
            (1) Regulations required.--The Secretary of each military 
        department shall prescribe regulations to facilitate the 
        granting of leave to a member of the Armed Forces under the 
        jurisdiction of that Secretary when necessary for the member to 
        attend a hearing of a Court that is conducted in connection 
        with a civil action--
                    (A) to determine whether the member is a natural 
                parent of a child; or
                    (B) to determine an obligation of the member to 
                provide child support.
            (2) Waiver authority.--The regulations may authorize a 
        waiver of the applicability of the regulations to a member of 
        the Armed Forces when--
                    (A) the member is serving in an area of combat 
                operations; or
                    (B) such a waiver is otherwise necessary in the 
                national security interest of the United States.
            (3) Definitions.--In this section:
                    (A) The term ``Court'' has the meaning given such 
                term in section 1408(a) of title 10, United States 
                Code.
                    (B) The term ``child support'' has the meaning 
                given such term in section 462 of the Social Security 
                Act (42 U.S.C. 662).
    (c) Payment of Military Retired Pay in Compliance With Court 
Orders.--
            (1) Date of certification of court order.--Section 1408 of 
        title 10, United States Code, is amended--
                    (A) by redesignating subsection (h) as subsection 
                (i); and
                    (B) by inserting after subsection (g) the following 
                new subsection (h):
    ``(h) Certification Date.--It is not necessary that the date of a 
certification of the authenticity or completeness of a copy of a court 
order for child support received by the Secretary concerned for the 
purposes of this section be recent in relation to the date of 
receipt.''.
            (2) Payments consistent with assignments of rights to 
        states.--
                    (A) Authority.--Subsection (d)(1) of such section 
                is amended by inserting after the first sentence the 
                following: ``In the case of a spouse or former spouse 
                who, pursuant to section 402(a)(26) of the Social 
                Security Act (42 U.S.C. 602(26)), assigns to a State 
                the rights of the spouse or former spouse to receive 
                support, the Secretary concerned may make the child 
                support payments referred to in the preceding sentence 
                to that State in amounts consistent with the assignment 
                of rights.''.
                    (B) Rule of construction.--Subsection (c)(2) of 
                such section is amended--
                            (i) by inserting after the first sentence 
                        the following: ``The second sentence of 
                        subsection (d)(1) shall not be construed to 
                        create any such right, title, or interest.'';
                            (ii) by inserting ``(A)'' after ``(2)''; 
                        and
                            (iii) by designating the last sentence as 
                        subparagraph (B).
            (3) Arrearages owed by members of the uniformed services.--
        Part D of title IV (42 U.S.C. 651 et seq.) is amended by 
        inserting after section 465 the following new section:

``SEC. 465A. PAYMENT OF CHILD SUPPORT ARREARAGES OWED BY MEMBERS OF THE 
              UNIFORMED SERVICES.

    ``Any authority, requirement, or procedure provided in this part or 
section 1408 of title 10, United States Code, that applies to the 
payment of child support owed by a member of the uniformed services (as 
defined in section 101 of title 37, United States Code) shall apply to 
the payment of child support arrearages as well as to amounts of child 
support that are currently due.''.

SEC. 423. UIFSA ENDORSEMENT.

    Section 466 (42 U.S.C. 666) is amended by adding at the end the 
following new subsection:
    ``(f) In order to satisfy section 454(20)(A), each State must have 
in effect laws which adopt without material change by January 1, 1997, 
the officially approved version of the Uniform Interstate Family 
Support Act adopted by the National Conference of Commissioners on 
Uniform State Laws and approved by the American Bar Association House 
of Delegates on February 9, 1993.''.

                  TITLE V--COLLECTION AND DISTRIBUTION

SEC. 501. PRIORITY OF DISTRIBUTION OF COLLECTIONS.

    (a) State Distribution Plan.--Section 457 (42 U.S.C. 657) is 
amended by adding at the end the following new subsection:
    ``(e) The amounts collected as support by a State pursuant to a 
plan approved under this part during any fiscal year beginning after 
September 30, 1996 (except amounts collected through a tax refund 
offset), shall (subject to subsection (d) be distributed as follows:
            ``(1) To a current month's child support obligation.
            ``(2) After the fulfillment of the current month's 
        obligation, to debts owed the family (other than obligations 
        under this title); if any right to child support were assigned 
        to the State, then all arrearages that accrued after the child 
        no longer received assistance under this title are to be 
        distributed to the family; States may include any preassignment 
        family-debt arrearages at this priority level.
            ``(3) To reimburse the State making the collection for any 
        assistance payments made to the family (with appropriate 
        reimbursement of the Federal Government to the extent of its 
        participation in the financing).
            ``(4) To reimburse other States for payments described in 
        paragraph (3) (in the order in which such payments occurred). 
        The collecting State shall continue to enforce the order until 
        all such payments have been reimbursed and to transmit the 
        collections and identifying information to the other State.''.
    (b) Study and Pilot Projects.--The Comptroller General of the 
United States (hereafter in this subsection referred to as the 
``Comptroller General'') shall analyze the existing child support 
distribution system under section 457 of the Social Security Act and 
authorize pilot projects for the distribution of arrearages in the 
following order:
            (1) Application of all support collected first to a current 
        month's child support obligation.
            (2) Application of funds collected in excess of the amount 
        of the current month's obligation to debts owed the family 
        (other than obligations under this title).
            (3) Using funds collected in excess of the debts to the 
        family and in excess of the amount of the current support 
        obligation, to reimburse the State making the collection for 
        any assistance payments made to the family (with appropriate 
        reimbursement of the Federal Government to the extent of its 
        participation in the financing).
            (4) Using funds collected in excess of the current month's 
        support obligation after the debt to the family and the 
        collecting State have been satisfied, to reimburse other States 
        for payments described in paragraph (3) (in the order in which 
        such payments occurred). The collecting State shall continue to 
        enforce the order until all such payments have been reimbursed 
        and to transmit the collections and identifying information to 
        the other State.
            (5) Subject to paragraph (6), the priority of distribution 
        of interest shall reflect the distribution priority for the 
        child support installment or the title IV of the Social 
        Security Act grant on which the interest accrued.
            (6) A State's right to retain interest on assigned support 
        is limited to the grant amount paid by that State. All 
        additional interest is to be distributed to the individual owed 
        such support.
The pilot projects shall be awarded to States that allow for the 
indefinite tolling of the statute of limitations on debts under title 
IV of the Social Security Act and are not governed by Federal case law 
that allows for the dischargeability of such debts in bankruptcy. In 
analyzing each pilot project a cost-benefit analysis, a welfare-
medicaid-food stamp cost-avoidance analysis, and an analysis of the 
family impact including a present value dollar valuation of the 
distribution scheme shall be reported to the Comptroller General. The 
Comptroller General shall report the results of the study and pilot 
projects to the Congress.
    (c) Revision of Federal Income Tax Refund Offset.--Section 6402 of 
the Internal Revenue Code of 1986 (relating to authority to make 
credits or refunds) is amended--
            (1) by striking ``after any other reductions allowed by law 
        (but before'' in subsection (c) and inserting ``before any 
        other reductions allowed by law (and before'', and
            (2) by striking ``with respect to past-due support 
        collected pursuant to an assignment under section 402(a)(26) of 
        the Social Security Act'' in subsection (d).
    (d) Fifty-Dollar Disregarded for All Means-Tested Program.--Section 
457(b)(1) (42 U.S.C. 657(b)(1)) is amended by inserting ``under this 
part or under any other Federal program which determines eligibility 
for assistance or amount of such assistance based on the income or 
assets of the applicant for or recipient of such assistance'' after 
``during such month''.
    (e) Fill-The-Gap Policies Encouraged.--The Secretary of Health and 
Human Services shall, upon request by any State, grant a waiver under 
section 1115(a)(1) of the Social Security Act with respect to the date 
limitations under section 402(a)(28) of such Act.

SEC. 502. RELATIONSHIP OF AFDC TO CSE--LIMITING REIMBURSEMENT CLAIMS TO 
              AWARD AMOUNT.

    Section 466(a) (42 U.S.C. 666(a)), as amended by section 421, is 
amended by inserting after paragraph (32) the following new paragraph:
            ``(33) Procedures under which any claims for the child's 
        portion of the assistance under this title such State may have 
        against a noncustodial parent shall be limited to the amount 
        specified as child support under a court or administrative 
        order.''.

SEC. 503. FEES FOR NONAFDC CLIENTS.

    Clause (ii) of section 454(6)(E) (42 U.S.C. 654(6)(E)) shall be 
amended to read as follows:
                    ``(ii) at the option of the State, from any 
                individual other than the custodial parent;''.

SEC. 504. COLLECTION AND DISBURSEMENT POINTS FOR CHILD SUPPORT.

    Section 454 (42 U.S.C. 654), as amended by section 301, is amended 
by striking ``and'' at the end of paragraph (25), by striking the 
period at the end of paragraph (26) and inserting ``; and'', and by 
inserting after paragraph (26) the following new paragraph:
            ``(27) provide either one central, statewide collection, 
        accounting, and disbursement point for cases under this part or 
        several local or regional collection and disbursement points 
        throughout the State for all cases.''.

                         TITLE VI--FEDERAL ROLE

SEC. 601. PLACEMENT AND ROLE OF THE FEDERAL CHILD SUPPORT AGENCY.

    Section 452(a) (42 U.S.C. 652(a)), as amended by section 403 is 
amended--
            (1) by striking ``under the direction of a designee of the 
        Secretary'' and inserting ``to be known as the Office of Child 
        Support Enforcement, under the direction of an assistant 
        secretary appointed by the President with the advice and 
        consent of the Senate'';
            (2) by inserting ``using a methodology that reflects cost-
        avoidance as well as cost-recovery'' after ``the States and the 
        Federal Government'' in paragraph (10)(A);
            (3) by inserting ``, including a separate legal counsel for 
        the Office'' after ``Enforcement'' in paragraph (10)(B);
            (4) by redesignating subparagraphs (H) and (I) of paragraph 
        (10) as subparagraphs (I) and (J) of such paragraph, 
        respectively, and by inserting after subparagraph (G) of such 
        paragraph the following new subparagraph:
                    ``(H) the budgetary allocation of the $50 pass 
                through equally between part A and this part;''; and
            (5) by striking ``and'' at the end of paragraph (13), by 
        striking the period at the end of paragraph (14) and inserting 
        ``; and'', and by inserting after paragraph (14) the following 
        new paragraph:
            ``(15) initiate and actively pursue with other Federal 
        agencies, coordinated efforts on Federal legislation.''.

SEC. 602. TRAINING.

    (a) Federal Training Assistance.--Section 452(a)(7) (42 U.S.C. 
652(a)(7)) is amended by inserting ``and training'' after ``technical 
assistance''.
    (b) State Training Program.--Section 454 (42 U.S.C. 654), as 
amended by section 504, is amended by striking ``and'' at the end of 
paragraph (26), by striking the period at the end of paragraph (27) and 
inserting ``; and'', and by inserting after paragraph (27) the 
following new paragraph:
            ``(28) provide that the State will develop and implement a 
        training program which provides training no less than annually 
        to all personnel providing functions under the State plan.''.
    (c) Report.--Section 452(a)(10) (42 U.S.C. 652(a)(10)), as amended 
by section 601, is amended by redesignating subparagraphs (I) and (J) 
as subparagraphs (J) and (K), respectively, and by inserting after 
subparagraph (H) the following new subparagraph:
                    ``(I) the training activities at the Federal and 
                State levels, the training audit, and the amount of 
                funds expended on training;''.

SEC. 603. STAFFING.

    Section 452(a) (42 U.S.C. 652(a)), as amended by section 601, is 
amended by striking ``and'' at the end of paragraph (14), by striking 
the period at the end of paragraph (15) and inserting ``; and'', and by 
inserting after paragraph (15) the following new paragraph:
            ``(16) conduct staffing studies for each State child 
        support enforcement program, including each agency and court 
        involved in the child support process, and report such results 
        to the Congress and State officials.''.

SEC. 604. FUNDING AND INCENTIVES FOR CHILD SUPPORT AGENCIES.

    (a) Study.--The Comptroller General of the United States shall 
study the incentive formula under section 458 of the Social Security 
Act (42 U.S.C. 458) and investigate the feasibility, costs, and 
benefits of the following:
            (1) Encouraging States to centralize functions at the State 
        level.
            (2) Abolishing minimum incentives to States as well as the 
        requirement that incentive funds be passed to local child 
        support enforcement agencies.
            (3) Exploring incentive formula that are based on increases 
        in FFP for States that exceed performance criteria instead of 
        the present percentage of collections formula.
            (4) Promoting quality control.
            (5) Providing financial incentives for the enforcement of 
        health-care expenses.
            (6) Providing for a Federal incentive formula that would 
        include tying incentive amounts to performance criteria that 
        include total collections as a denominator (not solely the 
        amount of AFDC collections) and which are not solely based on 
        cost-benefit criteria alone.
    (b) Report.--The Comptroller General of the United States shall 
report the results of the study described in subsection (a) to the 
Congress not later than December 31, 1996.

SEC. 605. CHILD SUPPORT DEFINITION.

    (a) In General.--Section 452 (42 U.S.C. 652) is amended by adding 
at the end the following new subsection:
    ``(j) For purposes of this part, the term `child support' includes 
periodic and lump sum payments for current and past due economic 
support, payments of premiums for health insurance for children, 
payments for or provision of child care, and payments for educational 
expenses.''.
    (b) Conforming Amendment.--Section 462(b) (42 U.S.C. 662(b)) is 
amended--
            (1) by inserting ``and lump sum'' after ``periodic'', and
            (2) by inserting ``child care,'' after ``clothing,''.

SEC. 606. AUDITS.

    (a) Study.--The Secretary of Health and Human Services shall 
contract for a study of the audit process of the Office of Child 
Support Enforcement to develop criteria and methodology for auditing 
State child support enforcement agencies established under part D of 
title IV of the Social Security Act. The study shall be designed to 
result in improvements to the auditing process that include--
            (1) reduction in the resources required to perform the 
        audit,
            (2) simplified procedures for States to follow in obtaining 
        samples,
            (3) the feasibility of sampling cases for needed action as 
        opposed to the present audit methods that require sampling 
        plans for each audit criteria, and
            (4) a more timely audit period of review.
The study shall also be designed to determine a penalty process that 
focuses on improving the delivery of child support services and not 
harming families, specifically a penalty that is not tied to the 
reduction of funds available to the States to provide payments under 
the Aid to Families with Dependent Children program. Such a plan should 
include the escrowing of funds withheld as penalties for use by States 
in a federally approved program improvement.
    (b) Report.--The Secretary of Health and Human Services shall 
report the results of the study described in subsection (a) to the 
Congress not later than 90 days after completion of the study.
    (c) Continuation of OCSE's Audit Review.--From the date of the 
report described in subsection (b), the audit review of the Office of 
Child Support Enforcement shall be limited to cases open on such date 
and cases closed within 180 days before such date, unless there is a 
specific need for a longitudinal review of State agency case handling 
that includes cases that have been closed for more than 180 days. The 
criteria for longitudinal reviews shall be established by regulation by 
the Secretary of Health and Human Services. The Office of Child Support 
Enforcement shall continue to impose timeframes for implementation and 
audit standards for each mandated function under part D of title IV of 
the Social Security Act.

SEC. 607. CHILD SUPPORT ASSURANCE DEMONSTRATION PROJECTS.

    (a) In General.--In order to encourage States to provide a 
guaranteed minimum level of child support for every child not receiving 
such support, the Secretary of Health and Human Services (hereafter in 
this section referred to as the ``Secretary'') shall make grants to not 
less than 6 States to conduct demonstration projects for the purpose of 
establishing or improving a system of assured minimum child support 
payments in accordance with this section.
    (b) Contents of Application.--An application for grants under this 
section shall be submitted by the Governor of a State and shall--
            (1) contain a description of the proposed child support 
        assurance project to be established, implemented, or enhanced 
        using amounts provided under this section, including the 
        specific activities to be undertaken and the agencies that will 
        be involved;
            (2) specify whether the project will be carried out 
        throughout the State or in limited areas of the State;
            (3) estimate the number of children who will be eligible 
        for assured minimum child support payments under the project, 
        and the amounts to which such children will be entitled on 
        average as individuals and in the aggregate;
            (4) describe the child support guidelines and review 
        procedures which are in use in the State and any expected 
        modifications;
            (5) contain a commitment by the State to carry out the 
        project during a period of not less than 3 fiscal years 
        beginning with fiscal year 1996;
            (6) specify the extent to which the State has implemented 
        (or will implement during the duration of the project) major 
        enforcement initiatives, such as central registries, 
        centralized administration, automated computer systems, 
        administrative law systems, universal wage withholding, 
        updating of orders, access to State data bases, legal 
        procedures for paternity establishment (including in-hospital 
        paternity establishment), and enforcement tools;
            (7) specify the current relative quality of the State 
        enforcement system as compared to other States, including the 
        ratio of collections to accounts receivables for the immediate 
        past year, the ratio of collections to accounts receivables for 
        all past years, the ratio of collections to administrative 
        expenditures, and the paternity establishment rate;
            (8) provide assurances that the State performance meets or 
        exceeds the national median paternity establishment rate (as 
        defined in section 452(g)(2) of the Social Security Act) and 
        provide assurances the State will continue to improve its 
        performance in the number of cases in which--
                    (A) paternity is established,
                    (B) child support orders are collected, and
                    (C) child support collections are made; and
            (9) contain such other information as the Secretary may 
        require by regulation.
    (c) Use of Funds.--A State shall use amounts provided under a grant 
awarded under this section to carry out a child support assurance 
project designed to provide a minimum monthly child support benefit for 
each child in the State to the extent that such minimum child support 
is not paid in a month by the noncustodial parent.
    (d) Requirements.--(1) A child support assurance project funded 
under this section shall provide that--
            (A) the custodial parent is eligible for the assured child 
        support benefit if--
                    (i) such parent establishes paternity and has a 
                child support order established;
                    (ii) more than 1 year has passed since such parent 
                applied, in writing to the State for the establishment 
                of paternity and a child support order and has complied 
                with the requirements of paragraph (3), but neither 
                paternity nor a child support order has been 
                established due to circumstances beyond the control of 
                the parent; or
                    (iii) with respect to the custodial parent, the 
                danger of physical abuse of such parent is shown;
            (B) the assured child support benefit shall be paid 
        promptly to the custodial parent at least once a month and 
        shall be offset and reduced to the extent that the custodial 
        parent receives child support in a month from the noncustodial 
        parent; and
            (C) in the event that the family as a whole becomes 
        ineligible for Aid to Families With Dependent Children under 
        part A of title IV of the Social Security Act due to 
        consideration of assured child support benefits, the continuing 
        eligibility of the caretaker for Aid to Families With Dependent 
        Children under such title shall be calculated without 
        consideration of the assured child support benefit.
    (2) For purposes of this section, the term ``child'' means an 
individual who is of such an age, disability, or educational status as 
to be eligible for child support as provided by the law of the State in 
which such individual resides.
    (3) The requirements of this paragraph are as follows:
            (A) Provide the name of the alleged father.
            (B) Provide sufficient information to verify the identity 
        of the person named, including the present address of the 
        person, the past or present place of employment of the person, 
        the past or present school attended by the person, the name and 
        address of the person's parents, friends or relatives that can 
        provide location information for the person, the telephone 
        number of the person, the social security number of the person, 
        the date of birth of the person, or other information that, if 
        reasonable efforts were made by the State, could lead to 
        identify a particular person to be served with process.
            (C) Continue to provide all other relevant information that 
        the applicant has that may be requested by the State.
            (D) Appear at required interviews, conference hearings or 
        legal proceedings, if notified in advance and an illness or 
        emergency does not prevent attendance.
            (E) Submit (along with the child) to genetic tests.
    (4) For purposes of this section, the term ``circumstances beyond 
the control of the parent'' includes--
            (A) failure of the State to make reasonable and timely 
        efforts to locate the noncustodial parent,
            (B) instances in which the noncustodial parent cannot be 
        located despite the State's reasonable efforts because the 
        noncustodial parent has disappeared or moved out of the 
        country,
            (C) instances in which the noncustodial parent has been 
        located but the State has failed to serve such parent with the 
        legal papers,
            (D) cases in which the State or courts have failed to 
        complete the legal process to establish paternity or set an 
        award, and
            (E) other cases in which the State's or court's action or 
        inaction has resulted in the failure to establish paternity or 
        set an award.
    (e) Consideration and Priority of Applications.--The Secretary 
shall consider all applications received from States desiring to 
conduct demonstration projects under this section and shall approve the 
6 applications which appear likely to contribute significantly to the 
achievement of the purpose of this section. In selecting States to 
conduct demonstration projects under this section, the Secretary shall 
consider geographic diversity, variety in types of support guideline 
models used, and variation in population of the applicants.
    (f) Evaluation and Reports.--(1) Each State that conducts a 
demonstration project under this section shall, as a part of such 
demonstration project, conduct an interim and a final evaluation of the 
effectiveness of the demonstration project and shall submit an interim 
and final report to the Secretary concerning the results of the 
evaluation and any improvements in child support enforcement.
    (2) The evaluation and report submitted by a State to the Secretary 
shall analyze and describe (in such a manner as prescribed by the 
Secretary)--
            (A) the impact of the child support assurance project on 
        the economic and noneconomic well-being of children and adults 
        in both custodial and noncustodial households;
            (B) the work force participation rates of both custodial 
        and noncustodial parents as a result of participation in the 
        child support assurance project;
            (C) the impact of the child support assurance project on 
        Aid to Families With Dependent Children participation rates, 
        grants, and funding levels;
            (D) the impact of the child support assurance project on 
        paternity establishment;
            (E) a comparison of enforcement effectiveness in intrastate 
        and interstate cases;
            (F) administrative policies and laws of the Federal 
        Government and the State or a political subdivision of the 
        State, identified by the State as impediments to the 
        implementation of child support assurance;
            (G) the measures that the State has taken to implement the 
        project and the lessons learned therefrom by the State; and
            (H) any other relevant items as the Secretary may require.
    (g) Duration.--A demonstration project conducted under this section 
shall be commenced not later than fiscal year 1996 and shall be 
conducted for not less than 3 and not more than 5 consecutive fiscal 
years, except that the Secretary may terminate a project before the end 
of such period if the Secretary determines that the State conducting 
the project is not in substantial compliance with the terms of the 
application approved by the Secretary under this section.
    (h) Cost Savings Recovery.--The Secretary shall develop a 
methodology to identify any State cost savings realized in connection 
with the implementation of a child support assurance project conducted 
under this section. Any such savings realized as a result of the 
implementation of a child support assurance project shall be utilized 
for child support enforcement improvements or expansions and 
improvements in the Aid to Families With Dependent Children Program 
conducted under part A of title IV of the Social Security Act within 
the participating State, and Federal expenditures for such project 
within the State shall be reduced in proportion to any such savings.
    (i) Evaluation and Report to Congress.--Three and 5 years after 
commencement of the first State child support assurance project, the 
Secretary shall conduct an evaluation of each such project and submit a 
report to the Committee on Finance and the Committee on Labor and Human 
Resources of the Senate, and the Committee on Ways and Means and the 
Committee on Economic and Educational Opportunities of the House of 
Representatives concerning the effectiveness of the child support 
assurance projects funded under this section. Such report shall analyze 
the reports received by the Secretary under subsection (f) from each 
participating State and shall compare the effects of different types of 
child support guidelines.
    (j) Restrictions on Matching and Use of Funds.--(1) A State 
conducting a demonstration project under this section shall be 
required--
            (A) except as provided in paragraph (2), to provide not 
        less than 15 percent of the total amounts expended in each 
        calendar year of the project to pay the costs associated with 
        the project funded under this section; and
            (B) to maintain its level of expenditures for child support 
        collection, enforcement, and payment at the same level, or at a 
        higher level, than such expenditures were prior to such State's 
        participation in a demonstration project provided by this 
        section.
    (2) A State participating in a demonstration project under this 
section may provide no less than 10 percent of the total amounts 
expended to pay the costs associated with the project funded under this 
section in years after the first year such project is conducted in a 
State if the State meets the improvements specified in subsection 
(b)(6).
    (k) Treatment of Child Support Benefit.--Any assured child support 
benefit received by an individual under this section shall be 
considered child support for purposes of the Internal Revenue Code of 
1986.
    (l) Authorization of Appropriations.--There are authorized to be 
appropriated and are appropriated such sums as may be necessary in each 
of the fiscal years 1996, 1997, 1998, 1999, and 2000, to carry out the 
purposes of this section.

                         TITLE VII--STATE ROLE

SEC. 701. PROHIBITION OF RESIDENCY REQUIREMENT FOR IV-D SERVICES.

    Section 454 (42 U.S.C. 654), as amended by section 602, is amended 
by striking ``and'' at the end of paragraph (27), by striking the 
period at the end of paragraph (28) and inserting ``; and'', and by 
inserting after paragraph (28) the following new paragraph:
            ``(29) provide that an applicant may not be denied services 
        under the plan solely because of the applicant's nonresidency 
        in that State.''.

SEC. 702. ADVOCATING FOR CHILDREN'S ECONOMIC SECURITY.

    Section 454 (42 U.S.C. 654), as amended by section 701, is amended 
by striking ``and'' at the end of paragraph (28), by striking the 
period at the end of paragraph (29) and inserting ``; and'', and by 
inserting after paragraph (29) the following new paragraph:
            ``(30) provide that the State agency administering the plan 
        shall advocate to promote the greatest economic security 
        possible for children, within the ability of the individual who 
        owes a child support obligation to pay such obligation.''.

SEC. 703. DUTIES OF IV-D AGENCIES.

    Section 454 (42 U.S.C. 654), as amended by section 702, is amended 
by striking ``and'' at the end of paragraph (29), by striking the 
period at the end of paragraph (30) and inserting ``; and'', and by 
inserting after paragraph (30) the following new paragraph:
            ``(31) provide that the State agency administering the plan 
        shall provide to all custodial parents--
                    ``(A) a written description of available services 
                and a statement articulating the priority of 
                distribution and the degree of confidentiality of 
                information;
                    ``(B) a statement that before the agency consents 
                to a dismissal with prejudice or a reduction of 
                arrearages, the agency shall provide notice to the last 
                known address at least 30 days before dismissal;
                    ``(C) written quarterly reports on case status;
                    ``(D) a statement that services under this part are 
                mandatory if an individual is determined eligible under 
                part A; and
                    ``(E) a statement that while eligibility under part 
                A is being determined, an applicant is eligible for 
                services under this part and all application fees are 
                deferred pending such determination.''.

SEC. 704. BROADER ACCESS TO SERVICES.

    It is the sense of the Congress that State and local child support 
enforcement agencies should provide--
            (1) offices in easily accessible locations near public 
        transportation,
            (2) office hours that allow parents to meet with attorneys 
        and caseworkers without taking time off from work, and
            (3) office environments conducive to discussion of legal 
        and personal matters in privacy (e.g., individual interview 
        rooms and child care facilities).

SEC. 705. PROCESS FOR CHANGE OF PAYEE IN IV-D CASES.

    Section 466(a) (42 U.S.C. 666(a)), as amended by section 502, is 
amended by inserting after paragraph (33) the following new paragraph:
            ``(34) Procedures under which a change in payee may not 
        require a court hearing or order to take effect and may be done 
        administratively, as long as a statement by an agency official 
        is included in the court or administrative file documenting the 
        change.''.

                       TITLE VIII--EFFECTIVE DATE

SEC. 801. EFFECTIVE DATE.

    Except as otherwise provided in this Act, the amendments made by 
this Act shall take effect on and after January 1, 1997.

                                 <all>

HR 195 IH----2
HR 195 IH----3
HR 195 IH----4
HR 195 IH----5
HR 195 IH----6
HR 195 IH----7
```