II 

112TH CONGRESS 

1ST SESSION S. 1383 

To amend part D of title IV of the Social Security Act to improve the 

enforcement, collection, and administration of child support payments, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 19, 2011 

Mr. MENENDEZ (for himself and Mr. GRASSLEY) introduced the following bill; 

which was read twice and referred to the Committee on Finance 

A BILL 

To amend part D of title IV of the Social Security Act 

to improve the enforcement, collection, and administration of child support payments, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Strengthen and Vital5 ize Enforcement of Child Support (SAVE Child Support) 

6 Act’’. 


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1 SEC. 2. AMENDMENTS TO SOCIAL SECURITY ACT; REF2 ERENCES. 

3 (a) AMENDMENTS TO SOCIAL SECURITY ACT.—Ex4 cept as otherwise specifically provided, wherever in this 

5 Act an amendment or repeal is expressed in terms of an 

6 amendment to, or repeal of, a section or other provision, 

7 the amendment or repeal shall be considered to be made 

8 to that section or other provision of the Social Security 

9 Act. 

10 (b) SECRETARY.—In this Act, the term ‘‘Secretary’’ 

11 means the Secretary of Health and Human Services. 

12 SEC. 3. INTERSTATE AND INTERNATIONAL CHILD SUPPORT 

13 PAYMENTS. 

14 (a) REQUIRING STATES TO ADOPT THE 2008 

15 AMENDMENTS TO THE UNIFORM INTERSTATE FAMILY

16 SUPPORT ACT.— 

17 (1) IN GENERAL.—Section 466(f) (42 U.S.C. 

18 666(f)) is amended to read as follows: 

19 ‘‘(f) UNIFORM INTERSTATE FAMILY SUPPORT

20 ACT.—In order to satisfy section 454(20)(A), on and after 

21 January 1, 2014, each State must have in effect the Uni22 form Interstate Family Support Act, as approved by the 

23 American Bar Association on February 9, 1993, and as 

24 in effect on October 1, 2008, including any amendments 

25 officially adopted as of such date by the National Con26 ference of Commissioners on Uniform State Laws.’’. 


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1 (2) EFFECTIVE DATE.—The amendments made 

2 by this subsection shall take effect on January 1, 

3 2014. 

4 (b) FULL FAITH AND CREDIT FOR CHILD SUPPORT

5 ORDERS.—Section 1738B of title 28, United States Code, 

6 is amended— 

7 (1) by striking subsection (d) and inserting the 

8 following: 

9 ‘‘(d) CONTINUING, EXCLUSIVE JURISDICTION.— 

10 ‘‘(1) IN GENERAL.—Except as provided under 

11 paragraph (2), a court of a State that has made a 

12 child support order consistently with this section has 

13 continuing, exclusive jurisdiction to modify its order, 

14 if— 

15 ‘‘(A) the order is the controlling order; and 

16 ‘‘(B) the State— 

17 ‘‘(i) is the child’s State or the resi18 dence of any individual contestant; or 

19 ‘‘(ii) the contestants consent in a 

20 record or open court that the court may 

21 continue to exercise jurisdiction to modify 

22 its order. 

23 ‘‘(2) EXCEPTION.—A court may not exercise its 

24 continuing, exclusive jurisdiction to modify the order 

25 if the court of another State, acting in accordance 


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1 with subsections (e) and (f), has made a modifica2 tion of the order.’’; 

3 (2) in subsection (e), by striking paragraph (2) 

4 and inserting the following: 

5 ‘‘(2)(A) the court of the other State no longer 

6 has continuing, exclusive jurisdiction of the child 

7 support order because that State no longer is the 

8 child’s State or the residence of any individual con9 testant and the parties have not consented in a 

10 record or open court that the court of the other 

11 State may continue to exercise jurisdiction to modify 

12 its order; or 

13 ‘‘(B) each individual contestant has filed writ14 ten consent with the State of continuing, exclusive 

15 jurisdiction for a court of another State with juris16 diction over at least 1 of the individual contestants 

17 or that is located in the child’s State to modify the 

18 order and assume continuing, exclusive jurisdiction 

19 over the order.’’; and 

20 (3) in subsection (i), by inserting ‘‘, unless the 

21 parties have consented in a record or open court 

22 that the court of the issuing State may continue to 

23 exercise jurisdiction to modify its order’’ before the 

24 period. 


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1 (c) ENSURING ACCESS TO CHILD SUPPORT SERVICES

2 FOR INTERNATIONAL CHILD SUPPORT CASES.— 

3 (1) SECRETARY’S AUTHORITY TO ENSURE COM4 PLIANCE WITH MULTILATERAL CHILD SUPPORT

5 CONVENTION.— 

6 (A) IN GENERAL.—Section 452 (42 U.S.C. 

7 652) is amended— 

8 (i) by redesignating the second sub9 section (l) (as added by section 7306 of 

10 Public Law 109–171) as subsection (m); 

11 and 

12 (ii) by adding at the end the fol13 lowing: 

14 ‘‘(n) SECRETARY’S AUTHORITY TO ENSURE COMPLI15 ANCE WITH MULTILATERAL CHILD SUPPORT CONVEN16 TION.—Consistent with the national policy of the United 

17 States to fully comply with the obligations of any multilat18 eral child support convention to which the United States 

19 is a party, the Secretary shall utilize Federal and, as ap20 propriate, State enforcement mechanisms in furtherance 

21 of this policy and take such steps as may be necessary 

22 within the Secretary’s authority to ensure compliance with 

23 the United States treaty obligations under such convention 

24 in the event the Secretary determines that a State plan 

25 does not comply with such obligations.’’. 


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1 (B) CONFORMING AMENDMENT.—Section 

2 453(k)(3) (42 U.S.C. 653(k)(3)) is amended by 

3 striking ‘‘452(l)’’ and inserting ‘‘452(m)’’. 

4 (2) ACCESS TO THE FEDERAL PARENT LOCA5 TOR SERVICE.—Section 453(c) (42 U.S.C. 653(c)) is 

6 amended— 

7 (A) in paragraph (3), by striking ‘‘and’’ at 

8 the end; 

9 (B) in paragraph (4), by striking the pe10 riod at the end and inserting ‘‘; and’’; and 

11 (C) by adding at the end the following: 

12 ‘‘(5) an entity designated as a Central Author13 ity for child support enforcement in a foreign recip14 rocating country or a foreign treaty country for pur15 poses specified in section 459A(c)(2).’’. 

16 (3) STATE OPTION TO REQUIRE INDIVIDUALS

17 IN FOREIGN COUNTRIES TO APPLY THROUGH THEIR

18 COUNTRY’S APPROPRIATE CENTRAL AUTHORITY.— 

19 Section 454 (42 U.S.C. 654) is amended— 

20 (A) in paragraph (4)(A)(ii), by inserting 

21 ‘‘(except that, if the individual applying for 

22 such services resides in a foreign reciprocating 

23 country or foreign treaty country, the State 

24 may opt to require such individual to request 

25 such services through the Central Authority for 


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1 child support enforcement in the foreign recip2 rocating country or the foreign treaty country, 

3 and if the individual resides in a foreign coun4 try that is not a foreign reciprocating country 

5 or a foreign treaty country, a State may accept 

6 the application)’’ after ‘‘the child’’; and 

7 (B) in paragraph (32)— 

8 (i) in subparagraph (A), by inserting 

9 ‘‘, a foreign treaty country,’’ after ‘‘foreign 

10 reciprocating country’’; and 

11 (ii) in subparagraph (C), by striking 

12 ‘‘or foreign obligee’’ and inserting ‘‘, a for13 eign treaty country, or foreign individual’’ 

14 after ‘‘foreign reciprocating country’’. 

15 (4) AMENDMENTS TO INTERNATIONAL SUPPORT

16 ENFORCEMENT PROVISIONS.—Section 459A (42 

17 U.S.C. 659a) is amended— 

18 (A) in subsection (c)— 

19 (i) in the matter preceding paragraph 

20 (1), by striking ‘‘foreign countries that are 

21 the subject of a declaration under this sec22 tion’’ and inserting ‘‘foreign reciprocating 

23 countries or foreign treaty countries’’; and 


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1 (ii) in paragraph (2), by inserting 

2 ‘‘and foreign treaty countries’’ after ‘‘for3 eign reciprocating countries’’; 

4 (B) in subsection (d), by striking ‘‘the sub5 ject of a declaration pursuant to subsection (a)’’ 

6 and inserting ‘‘foreign reciprocating countries 

7 or foreign treaty countries’’; and 

8 (C) by adding at the end the following: 

9 ‘‘(e) REFERENCES.—In this part: 

10 ‘‘(1) FOREIGN RECIPROCATING COUNTRY.—The 

11 term ‘foreign reciprocating country’ means a foreign 

12 country (or political subdivision thereof) with respect 

13 to which the Secretary has made a declaration pur14 suant to subsection (a). 

15 ‘‘(2) FOREIGN TREATY COUNTRY.—The term 

16 ‘foreign treaty country’ means a foreign country for 

17 which the 2007 Family Maintenance Convention is 

18 in force. 

19 ‘‘(3) 2007 FAMILY MAINTENANCE CONVEN20 TION.—The term ‘2007 Family Maintenance Con21 vention’ means the Hague Convention of 23 Novem22 ber 2007 on the International Recovery of Child 

23 Support and Other Forms of Family Maintenance.’’. 

24 (5) COLLECTION OF OVERDUE SUPPORT FROM

25 FEDERAL TAX REFUNDS.—Section 464(a)(2)(A) (42 


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1 U.S.C. 664(a)(2)(A)) is amended by striking ‘‘under 

2 section 454(4)(A)(ii)’’ and inserting ‘‘under para3 graph (4)(A)(ii) or (32) of section 454’’. 

4 SEC. 4. CENTRALIZED AND ACCESSIBLE LIEN REGISTRY. 

5 (a) IN GENERAL.—Section 466(a)(4) (42 U.S.C. 

6 666(a)(4)) is amended to read as follows: 

7 ‘‘(4) LIENS.—Procedures under which— 

8 ‘‘(A) liens arise by operation of law against 

9 real and personal property for amounts of over10 due support owed by a noncustodial parent who 

11 resides or owns property in the State; 

12 ‘‘(B) all liens described in subparagraph 

13 (A) are reported to a centralized lien registry 

14 that is maintained in accordance with section 

15 4(b) of the Strengthen and Vitalize Enforce16 ment of Child Support (SAVE Child Support) 

17 Act; 

18 ‘‘(C) the State accords full faith and credit 

19 to liens described in subparagraph (A) arising 

20 in another State, when the State agency, party, 

21 or other entity seeking to enforce such a lien 

22 registers the lien with the Registry and does 

23 not require judicial notice or a hearing prior to 

24 the enforcement of such liens; and 


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1 ‘‘(D) the State ensures that any real or 

2 personal property with a lien described in sub3 paragraphs (A) or (C) that has been reported 

4 to the centralized lien registry cannot be trans5 ferred, sold, or otherwise disposed of, any insur6 ance claim described in section 4(b)(1)(C) of 

7 the Strengthen and Vitalize Enforcement of 

8 Child Support (SAVE Child Support) Act can9 not be paid, any estate cannot be settled, and 

10 any lump sum pension payment cannot be made 

11 until a search of the registry has been made in 

12 accordance with section 4(b) of such Act.’’. 

13 (b) CENTRALIZED LIEN REGISTRY.— 

14 (1) IN GENERAL.—For purposes of section 

15 466(a)(4) of the Social Security Act, the State shall 

16 establish and maintain a centralized lien registry 

17 (referred to in this subsection as a ‘‘Registry’’), or 

18 otherwise ensure that it has access to a Registry, 

19 that satisfies the requirements of this subsection and 

20 is accessible by the following individuals and entities, 

21 all of whom are required to share information with 

22 the Registry (subject to such requirements as the 

23 Secretary determines appropriate) and search the 

24 Registry prior to making any sale or distribution of 

25 property or funds: 


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1 (A) Any individual against whom a lien 

2 against real or personal property for overdue 

3 support is placed. 

4 (B) Any individual or entity transferring 

5 real property or registered personal property. 

6 (C) Any insurer, as defined in section 

7 466(a)(20)(B)(i) of such Act, paying an insur8 ance claim consisting of a non-recurring pay9 ment of $2,000 or more. 

10 (D) Any State or entity making a payment 

11 related to unemployment compensation benefits, 

12 workers’ compensation, or proceeds from a 

13 State lottery. 

14 (E) Any State or entity issuing driver’s li15 censes, professional and occupational licenses. 

16 (F) Any individual or entity making a 

17 lump sum pension payment. 

18 (G) The executor of any estate. 

19 (H) Any other individual or entity specified 

20 by the State or the Secretary. 

21 (2) OPERATIONAL DATE.—The Secretary shall 

22 work in coordination with States and other appro23 priate stakeholders to ensure that, not later than 

24 January 1, 2013, each State has established or has 

25 access to a Registry. 


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1 (3) REGISTRY ACCESS.—The Secretary may 

2 designate additional entities, including Federal, 

3 State, and local officials, that may search and share 

4 information with the Registry, subject to such condi5 tions and requirements as the Secretary determines 

6 appropriate. 

7 (4) ACCESSING THE INFORMATION CONTAINED

8 IN THE REGISTRY.— 

9 (A) IN GENERAL.—The Registry shall 

10 allow individuals and entities described in para11 graph (1) to search the Registry through a data 

12 match process using an individual’s name, So13 cial Security number, taxpayer identification 

14 number, or other accurate and verifiable per15 sonal identification number. 

16 (B) DATA MATCH.—If a search of the Reg17 istry results in a match that a lien against real 

18 or personal property for overdue support exists 

19 with respect to a debtor, the following informa20 tion, at a minimum, shall be made available to 

21 the individual or entity initiating the search: 

22 (i) The amount of the lien. 

23 (ii) The contact information for the 

24 State agency responsible for administering 


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1 the State plan under part D of title IV of 

2 the Social Security Act. 

3 (iii) The process for paying the under4 lying debt up to the amount of the lien. 

5 (iv) The process for discharging the 

6 lien. 

7 (C) NO DATA MATCH.—If a search of the 

8 Registry results in no match, the Registry shall 

9 permit the individual or entity initiating the 

10 search to print a certificate or letter stating 

11 that, as of the time and date of the search, 

12 there was no outstanding lien against real or 

13 personal property for overdue support reported 

14 in the Registry with respect to the individual 

15 that was the subject of the search. 

16 (5) DISCHARGE OF LIENS.—The State shall 

17 have procedures under which— 

18 (A) if a search of the Registry reveals a 

19 lien against real or personal property for over20 due support, any proceeds from the sale, trans21 fer or distribution shall be applied to satisfy the 

22 lien before the lien may be discharged; and 

23 (B) upon satisfaction of such a lien, the 

24 lien is expeditiously discharged and recorded as 

25 such in the Registry in a timely manner. 


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1 (6) NOTICE AND CHALLENGE OF DATA IN THE

2 REGISTRY.—The State shall have procedures for 

3 providing adequate notice to an individual with re4 spect to whom a lien against real or personal prop5 erty for overdue support is included in the Registry 

6 and for allowing an individual to challenge the exist7 ence of, or amount of, any such lien reported to the 

8 Registry. 

9 (c) FINANCIAL INSTITUTIONS.—Section 

10 466(a)(17)(A) (42 U.S.C. 666(a)(17)(A)) is amended— 

11 (1) in clause (i), by striking ‘‘and’’ at the end; 

12 (2) by redesignating clause (ii) as clause (iii); 

13 and 

14 (3) by inserting after clause (i) the following 

15 new clause: 

16 ‘‘(ii) to ensure that any information 

17 provided by such financial institutions for 

18 purposes of the data match system is 

19 matched against the records in the central20 ized lien registry described in paragraph 

21 (4); and’’. 

22 SEC. 5. REQUIRING STATES TO COMPARE INFORMATION 

23 MAINTAINED BY INSURERS. 

24 Subsection (m) of section 452 (42 U.S.C. 652), as 

25 redesignated by section 3(c)(1)(A)(i) of this Act, is amendVerDate Mar 15 2010 00:23 Jul 20, 2011 Jkt 099200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S1383.IS S1383

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1 ed in paragraph (1), in the matter preceding subpara2 graph (A), by striking ‘‘may’’ and inserting ‘‘shall’’. 

3 SEC. 6. DATA MATCHING AND REGISTRY OF PAYMENTS 

4 MADE ON PROPERTY AND CASUALTY INSUR5 ANCE CLAIMS. 

6 (a) IN GENERAL.—Section 466(a) (42 U.S.C. 

7 666(a)) is amended by inserting after paragraph (19) the 

8 following new paragraph: 

9 ‘‘(20) REGISTRY OF PAYMENTS MADE ON PROP10 ERTY AND CASUALTY INSURANCE CLAIMS.— 

11 ‘‘(A) DATA MATCHING.— 

12 ‘‘(i) IN GENERAL.—Procedures under 

13 which— 

14 ‘‘(I) the State— 

15 ‘‘(aa) subject to subclause 

16 (ii), enters into an agreement 

17 with or has entered an existing 

18 consortium of States and insur19 ers for the purpose of matching 

20 overdue child support cases with 

21 a registry of payments made on 

22 property and casualty insurance 

23 claims; 


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1 ‘‘(bb) participates in a pro2 gram established by the Sec3 retary for such purpose; or 

4 ‘‘(cc) if, on October 1, 2011, 

5 the State has not entered into an 

6 agreement described in item (aa) 

7 or does not participate in a pro8 gram described in item (bb), the 

9 State, not later than January 1, 

10 2013, enters into an agreement 

11 with insurers doing business in 

12 the State to register such pay13 ments with a registry established 

14 and maintained by the State for 

15 only such purpose; and 

16 ‘‘(II) not later than January 1, 

17 2014, at least 90 percent of the pay18 ments made on property and casualty 

19 claims within the State are matched 

20 against the State case registry and 

21 any overdue child support orders or 

22 liens recorded in the registry main23 tained by the State pursuant to sec24 tion 4 of the Strengthen and Vitalize 

25 Enforcement of Child Support Act. 


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1 ‘‘(ii) EXISTING CONSORTIUMS.—A 

2 State shall be deemed to have satisfied the 

3 requirements of clause (i)(I)(aa) if, prior 

4 to the date of enactment of the Strengthen 

5 and Vitalize Enforcement of Child Support 

6 (SAVE Child Support) Act, the State en7 tered into an agreement that established a 

8 consortium described in such clause. 

9 ‘‘(B) DEFINITIONS.—For purposes of this 

10 paragraph— 

11 ‘‘(i) INSURER.—The term ‘insurer’ 

12 means any public or private entity that is 

13 the primary provider of property or cas14 ualty insurance, including any self-insured 

15 employer or government agency. 

16 ‘‘(ii) PAYMENTS MADE ON PROPERTY

17 AND CASUALTY INSURANCE CLAIMS.—The 

18 term ‘payments made on property and cas19 ualty insurance claims’ means any pay20 ment greater than $2,000 that is paid by 

21 an insurer on a property or casualty claim 

22 under a liability insurance policy or the li23 ability coverage portion of a multi-peril 

24 policy, excluding any payment to a health 


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1 care provider for any injuries related to 

2 such claim.’’. 

3 (b) CONFORMING AMENDMENTS.—Section 454A(f) 

4 (42 U.S.C. 654a(f)) is amended by adding at the end the 

5 following: 

6 ‘‘(6) REGISTRY OF PAYMENTS MADE ON PROP7 ERTY AND CASUALTY INSURANCE CLAIMS.—Ex8 changing information with a registry of payments 

9 made on property and casualty insurance claims that 

10 satisfies the requirements of section 466(a)(20) for 

11 the purposes specified in that section.’’. 

12 SEC. 7. STRENGTHENED PASSPORT DENIAL PROCEDURES. 

13 (a) IN GENERAL.—Section 454(31) (42 U.S.C. 

14 654(31)) is amended— 

15 (1) in subparagraph (A), by striking ‘‘and’’ 

16 after the semicolon; 

17 (2) in subparagraph (B), by inserting ‘‘and’’ 

18 after the semicolon; and 

19 (3) by adding at the end the following new sub20 paragraph: 

21 ‘‘(C) in the case of an individual with re22 spect to whom such a certification has been fur23 nished, the State agency does not notify the 

24 Secretary that the certification is rescinded and 

25 any action taken by the Secretary under section 


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1 452(k)(2) on the basis of such certification may 

2 not be revoked or reversed, before all arrearages 

3 of child support owed by the individual are paid 

4 in full, or the individual owing such arrearages 

5 agrees to pay all such arrearages in full accord6 ing to a payment plan approved by the State 

7 agency;’’. 

8 (b) HARDSHIP EXCEPTION.—For purposes of any ac9 tion taken against an individual under section 452(k) of 

10 the Social Security Act (42 U.S.C. 652(k)), the Secretary 

11 may employ procedures available under title IV of such 

12 Act, or develop additional procedures, to ensure that such 

13 action does not result in undue harm to the ability of such 

14 individual to maintain their employment or livelihood. 

15 SEC. 8. EXPEDITED PROCESS TO WITHHOLD OR SUSPEND 

16 LICENSES FOR NONPAYMENT. 

17 Section 466(a)(16) (42 U.S.C. 666(a)(16)) is amend18 ed— 

19 (1) by striking ‘‘Procedures under which’’ and 

20 inserting the following: 

21 ‘‘(A) IN GENERAL.—Procedures under 

22 which’’; and 

23 (2) by adding at the end the following: 

24 ‘‘(B) DATA MATCHES WITH STATE LICENS25 ING AUTHORITIES.—Procedures under which— 


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1 ‘‘(i) the State agency, in coordination 

2 with any State agencies that issue licenses 

3 or permits described in subparagraph (A), 

4 develops and operates a system, using 

5 automated data exchanges to the max6 imum extent feasible, in which— 

7 ‘‘(I) each State agency that 

8 issues licenses or permits described in 

9 subparagraph (A) is required to check 

10 with the State agency and search the 

11 centralized lien registry described in 

12 paragraph (4) before issuing the per13 mit or license to ensure that the indi14 vidual applying for a license or permit 

15 is not a noncustodial parent who owes 

16 overdue child support or who has 

17 failed, after receiving appropriate no18 tice, to comply with a subpoena or 

19 warrant relating to paternity or child 

20 support proceedings, as identified by 

21 the State agency; and 

22 ‘‘(II) each State agency that 

23 issues licenses or permits described in 

24 subparagraph (A) is required to check 

25 with the State agency and search the 


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1 centralized lien registry described in 

2 paragraph (4) at least once each cal3 endar quarter for the name of each 

4 noncustodial parent who holds a li5 cense or permit from the issuing 

6 agency and who owes overdue child 

7 support or who has failed, after re8 ceiving appropriate notice, to comply 

9 with a subpoena or warrant relating 

10 to paternity or child support pro11 ceedings; and 

12 ‘‘(ii) any State license or permit de13 scribed in subparagraph (A) that is issued 

14 to an individual who has been determined 

15 to owe overdue support or who has failed, 

16 after receiving appropriate notice, to com17 ply with a subpoena or warrant relating to 

18 paternity or child support proceedings is 

19 revoked, withheld, or suspended until the 

20 State agency certifies that the individual 

21 no longer owes overdue child support or 

22 has entered into a payment plan under 

23 State law to satisfy the child support debt, 

24 or has complied with the subpoena or war25 rant. 


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1 ‘‘(C) HARDSHIP EXCEPTION.—Procedures 

2 under which the State agency provides an indi3 vidual described in subparagraph (A) with an 

4 opportunity to demonstrate, prior to any with5 holding, suspension, restriction on the use of, or 

6 revocation of a permit or license becoming ef7 fective, that such action would result in undue 

8 harm to the ability of such individual to main9 tain their employment or livelihood. 

10 ‘‘(D) LIABILITY.—The head of any State 

11 agency that issues licenses or permits shall not 

12 be liable to any individual for any action taken 

13 in good faith with respect to a license or permit 

14 that is required under this paragraph.’’. 

15 SEC. 9. COORDINATION WITH CORRECTIONS AGENCIES 

16 AND THE UNITED STATES MARSHALS SERV17 ICE. 

18 (a) IN GENERAL.—Section 466(c)(1) (42 U.S.C. 

19 666(c)(1)) is amended by inserting after subparagraph 

20 (H) the following: 

21 ‘‘(I) COORDINATION WITH CORRECTIONS

22 AGENCIES.— 

23 ‘‘(i) IN GENERAL.—For the purpose 

24 of increasing coordination between the 

25 State agency and corrections agencies, to 


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1 develop and operate, in coordination with 

2 corrections agencies within the State, a 

3 data match system, using automated data 

4 exchanges to the extent feasible, for the 

5 names of any incoming or incarcerated in6 dividuals in corrections facilities who have 

7 child support orders. 

8 ‘‘(ii) ENSURING COMPLIANCE FROM

9 INCARCERATED NONCUSTODIAL PAR10 ENTS.—The State agency shall work with 

11 corrections facilities to establish programs 

12 to educate and assist incarcerated non13 custodial parents to manage and fulfill 

14 their child support obligations. 

15 ‘‘(iii) ENSURING COOPERATION WITH

16 STATE PAROLE BOARDS.—The State agen17 cy shall ensure that information contained 

18 in the centralized lien registry described in 

19 subsection (a)(4) is provided to the State 

20 parole board. 

21 ‘‘(iv) CORRECTIONS FACILITIES DE22 FINED.—For purposes of this section, the 

23 term ‘corrections facility’ means any pris24 on, jail, or other secure facility managed 

25 and operated, directly or under contract, 


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1 by any municipality, county, State or the 

2 Federal Government in which offenders are 

3 incarcerated. Such term includes a halfway 

4 house.’’. 

5 (b) UNITED STATES MARSHALS SERVICE.— 

6 (1) IN GENERAL.—The Attorney General may 

7 use the resources of the Federal law enforcement 

8 agencies of the Department of Justice, including the 

9 United States Marshals Service, to locate and appre10 hend persons who violate any State law or local ordi11 nance regarding enforcement of child support orders. 

12 (2) FUNDING.—There are authorized to be ap13 propriated such sums as may be necessary to carry 

14 out this subsection. 

15 SEC. 10. PREVENTING DECEPTIVE AND HARASSING PRAC16 TICES OF PRIVATE CHILD SUPPORT COLLEC17 TION AGENCIES. 

18 Section 803 of the Consumer Credit Protection Act 

19 (15 U.S.C. 1692a) is amended— 

20 (1) in paragraph (5)— 

21 (A) by inserting ‘‘either’’ after ‘‘arising’’; 

22 and 

23 (B) by inserting ‘‘, or arising from a child 

24 support order’’ after ‘‘reduced to judgment’’; 

25 and 


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1 (2) in paragraph (6)— 

2 (A) in subparagraph (E), by striking 

3 ‘‘and’’ after the semicolon; 

4 (B) in subparagraph (F), by striking the 

5 period at the end and inserting ‘‘; and’’; and 

6 (C) by inserting at the end the following 

7 new subparagraph: 

8 ‘‘(G) any private collection agency or firm 

9 that is licensed by a State to collect support ob10 ligations under the State plan for child and 

11 spousal support under section 454 of the Social 

12 Security Act.’’. 

13 SEC. 11. NONCUSTODIAL PARENTS’ ACCESS TO AND VISITA14 TION OF THEIR CHILDREN. 

15 Section 454(15) (42 U.S.C. 654(15)) is amended— 

16 (1) in subparagraph (A), by striking ‘‘and’’ 

17 after the semicolon; 

18 (2) in subparagraph (B), by adding ‘‘and’’ after 

19 the semicolon; and 

20 (3) by adding at the end the following: 

21 ‘‘(C) a process for including in the annual 

22 reviews and reports required under subpara23 graph (A) information, in such form and man24 ner as the Secretary shall require, regarding the 

25 policies and practices implemented by the State 


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•S 1383 IS

1 or which the State plans to implement to facili2 tate access to and visitation of children by non3 custodial parents;’’. 

4 SEC. 12. REPORT ON FEDERAL PROSECUTION FOR FAIL5 URE TO PAY CHILD SUPPORT OBLIGATIONS. 

6 Not later than January 1, 2013, and annually there7 after, the Attorney General shall prepare and submit a 

8 report to Congress that provides information regarding 

9 the number of individuals prosecuted for violating section 

10 228 of title 18, United States Code. 

11 SEC. 13. CHILD SUPPORT FEES. 

12 Section 454(6)(B) (42 U.S.C. 654(6)(B)) is amend13 ed— 

14 (1) in clause (i), by striking ‘‘paid by the indi15 vidual applying for such services, or recovered from 

16 the absent parent, or’’ and inserting ‘‘recovered from 

17 the absent parent or’’; and 

18 (2) in clause (ii), by striking ‘‘paid by the indi19 vidual applying for the services,’’. 

20 SEC. 14. EFFECTIVE DATE. 

21 (a) IN GENERAL.—Except as otherwise provided in 

22 this Act, and subject to subsection (b), the amendments 

23 made by this Act take effect on January 1, 2013. 

24 (b) DELAY PERMITTED IF STATE LEGISLATION RE25 QUIRED.—In the case of a State plan approved under secVerDate Mar 15 2010 00:23 Jul 20, 2011 Jkt 099200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S1383.IS S1383

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1 tion 454 of the Social Security Act which requires State 

2 legislation (other than legislation appropriating funds) in 

3 order for the plan to meet the additional requirements im4 posed by the amendments made by this Act, the State plan 

5 shall not be regarded as failing to comply with the addi6 tional requirements solely on the basis of the failure of 

7 the plan to meet the additional requirements before the 

8 first day of the first calendar quarter beginning after the 

9 close of the first regular session of the State legislature 

10 that begins after the date of enactment of this Act. For 

11 purposes of the previous sentence, in the case of a State 

12 that has a 2-year legislative session, each year of such ses13 sion shall be deemed to be a separate regular session of 

14 the State legislature. 

Æ 


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