II

104TH CONGRESS

1ST SESSION S. 456

To improve and strengthen the child support collection system, and for other

purposes.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 16 (legislative day, JANUARY 30), 1995

Mr. BRADLEY (for himself, Mr. DODD, Mr. ROCKEFELLER, Mr. CHAFEE, Mrs.

FEINSTEIN, Ms. SNOWE, Mr. LIEBERMAN, Mr. DORGAN, and Mr. KENNEDY) introduced the following bill; which was read twice and referred

to the Committee on Finance

A BILL

To improve and strengthen the child support collection

system, 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; REFERENCE; TABLE OF CON4 TENTS.

5 (a) SHORT TITLE.—This Act may be cited as the

6 ‘‘Interstate Child Support Responsibility Act of 1995’’.

7 (b) REFERENCE TO SOCIAL SECURITY ACT.—Except

8 as otherwise specifically provided, wherever in this Act an

9 amendment is expressed in terms of an amendment to or
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1 repeal of a section or other provision, the reference shall

2 be considered to be made to that section or other provision

3 of the Social Security Act.

4 (c) TABLE OF CONTENTS.—The table of contents of

5 this Act is as follows:

Sec. 1. Short title; reference; table of contents.

TITLE I—IMPROVEMENTS TO THE CHILD SUPPORT COLLECTION

SYSTEM

Subtitle A—Eligibility and Other Matters Concerning Title IV–D Program

Clients

Sec. 101. State obligation to provide paternity establishment and child support

enforcement services.

Sec. 102. Distribution of payments.

Sec. 103. Rights to notification and hearings.

Sec. 104. Privacy safeguards.

Subtitle B—Program Administration and Funding

Sec. 111. Federal matching payments.

Sec. 112. Performance-based incentives and penalties.

Sec. 113. Federal and State reviews and audits.

Sec. 114. Required reporting procedures.

Sec. 115. Automated data processing requirements.

Sec. 116. Director of CSE program; staffing study.

Sec. 117. Funding for secretarial assistance to State programs.

Sec. 118. Data collection and reports by the Secretary.

Subtitle C—Locate and Case Tracking

Sec. 121. Central State and case registry.

Sec. 122. Centralized collection and disbursement of support payments.

Sec. 123. Amendments concerning income withholding.

Sec. 124. Locator information from interstate networks.

Sec. 125. Expanded Federal parent locator service.

Sec. 126. Use of social security numbers.

Subtitle D—Streamlining and Uniformity of Procedures

Sec. 131. Adoption of uniform State laws.

Sec. 132. Improvements to full faith and credit for child support orders.

Sec. 133. State laws providing expedited procedures.

Subtitle E—Paternity Establishment

Sec. 141. State laws concerning paternity establishment.

Sec. 142. Outreach for voluntary paternity establishment.

Subtitle F—Establishment and Modification of Support Orders
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Sec. 151. National Child Support Guidelines Commission.

Sec. 152. Simplified process for review and adjustment of child support orders.

Subtitle G—Enforcement of Support Orders

Sec. 161. Federal income tax refund offset.

Sec. 162. Internal Revenue Service collection of arrearages.

Sec. 163. Authority to collect support from Federal employees.

Sec. 164. Enforcement of child support obligations of members of the Armed

Forces.

Sec. 165. Motor vehicle liens.

Sec. 166. Voiding of fraudulent transfers.

Sec. 167. State law authorizing suspension of licenses.

Sec. 168. Reporting arrearages to credit bureaus.

Sec. 169. Extended statute of limitation for collection of arrearages.

Sec. 170. Charges for arrearages.

Sec. 171. Denial of passports for nonpayment of child support.

Sec. 172. International child support enforcement.

Subtitle H—Medical Support

Sec. 181. Technical correction to ERISA definition of medical child support

order.

Subtitle I—Access and Visitation Programs

Sec. 191. Grants to States for access and visitation programs.

TITLE II—EFFECT OF ENACTMENT

Sec. 201. Effective dates.

Sec. 202. Severability.
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1 TITLE I—IMPROVEMENTS TO

2 THE CHILD SUPPORT COL3 LECTION SYSTEM

4 Subtitle A—Eligibility and Other

5 Matters Concerning Title IV–D

6 Program Clients

7 SEC. 101. STATE OBLIGATION TO PROVIDE PATERNITY ES8 TABLISHMENT AND CHILD SUPPORT EN9 FORCEMENT SERVICES.

10 (a) STATE LAW REQUIREMENTS.—Section 466(a)

11 (42 U.S.C. 666(a)) is amended by adding at the end the

12 following new paragraph:

13 ‘‘(12) Procedures under which—

14 ‘‘(A) every child support order established

15 or modified in the State on or after October 1,

16 1998, is recorded in the central case registry

17 established in accordance with section 454A(e);

18 and

19 ‘‘(B) child support payments are collected

20 through the centralized collections unit estab21 lished in accordance with section 454B—

22 ‘‘(i) on and after October 1, 1998,

23 under each order subject to wage withhold24 ing under section 466(b); and
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1 ‘‘(ii) on and after October 1, 1999,

2 under each other order required to be re3 corded in such central case registry under

4 this paragraph or section 454A(e), if re5 quested by either party subject to such

6 order.’’.

7 (b) STATE PLAN REQUIREMENTS.—Section 454 (42

8 U.S.C. 654) is amended—

9 (1) by striking paragraph (4) and inserting the

10 following new paragraph:

11 ‘‘(4) provide that such State will undertake—

12 ‘‘(A) to provide appropriate services under

13 this part to—

14 ‘‘(i) each child with respect to whom

15 an assignment is effective under section

16 402(a)(26), 471(a)(17), or 1912 (except in

17 cases in which the State agency deter18 mines, in accordance with paragraph (25),

19 that it is against the best interests of the

20 child to do so); and

21 ‘‘(ii) each child not described in clause

22 (i)—

23 ‘‘(I) with respect to whom an in24 dividual applies for such services; or
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1 ‘‘(II) on and after October 1,

2 1998, with respect to whom a support

3 order is recorded in the central State

4 case registry established under section

5 454A, if application is made for serv6 ices under this part; and

7 (2) in paragraph (6)—

8 (A) by striking ‘‘(6) provide that’’ and all

9 that follows through subparagraph (A) and in10 serting the following:

11 ‘‘(6) provide that—

12 ‘‘(A) services under the State plan shall be

13 made available to nonresidents on the same

14 terms as to residents;’’;

15 (B) in subparagraph (B)—

16 (i) by inserting ‘‘on individuals not re17 ceiving assistance under part A’’ after

18 ‘‘such services shall be imposed’’; and

19 (ii) by inserting ‘‘but no fees or costs

20 shall be imposed on any absent or custo21 dial parent or other individual for inclusion

22 in the central State registry maintained

23 pursuant to section 454A(e)’’; and

24 (C) in each of subparagraphs (B), (C),

25 (D), and (E), by indenting such subparagraph
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1 and aligning its left margin with the left margin

2 of subparagraph (A); and

3 (D) in each of subparagraphs (B), (C),

4 and (D), by striking the final comma and in5 serting a semicolon.

6 (c) CONFORMING AMENDMENTS.—

7 (1) PATERNITY ESTABLISHMENT PERCENT8 AGE.—Section 452(g)(2)(A) (42 U.S.C.

9 652(g)(2)(A)) is amended by striking ‘‘454(6)’’ each

10 place it appears and inserting ‘‘454(4)(A)(ii)’’.

11 (2) STATE PLAN.—Section 454(23) (42 U.S.C.

12 654(23)) is amended, effective October 1, 1998, by

13 striking ‘‘information as to any application fees for

14 such services and’’.

15 (3) PROCEDURES TO IMPROVE ENFORCE16 MENT.—Section 466(a)(3)(B) (42 U.S.C.

17 666(a)(3)(B)) is amended by striking ‘‘in the case of

18 overdue support which a State has agreed to collect

19 under section 454(6)’’ and inserting ‘‘in any other

20 case’’.

21 (4) DEFINITION OF OVERDUE SUPPORT.—Sec22 tion 466(e) (42 U.S.C. 666(e)) is amended by strik23 ing ‘‘or (6)’’.
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1 SEC. 102. DISTRIBUTION OF PAYMENTS.

2 (a) DISTRIBUTIONS THROUGH STATE CHILD SUP3 PORT ENFORCEMENT AGENCY TO FORMER ASSISTANCE

4 RECIPIENTS.—Section 454(5) (42 U.S.C. 654(5)) is

5 amended—

6 (1) in subparagraph (A)—

7 (A) by inserting ‘‘except as otherwise spe8 cifically provided in section 464 or 466(a)(3),’’

9 after ‘‘is effective,’’; and

10 (B) by striking ‘‘except that’’ and all that

11 follows through the semicolon; and

12 (2) in subparagraph (B), by striking ‘‘, except’’

13 and all that follows through ‘‘medical assistance’’.

14 (b) DISTRIBUTION TO A FAMILY CURRENTLY RE15 CEIVING AFDC.—Section 457 (42 U.S.C. 657) is amend16 ed—

17 (1) by striking subsection (a) and redesignating

18 subsection (b) as subsection (a);

19 (2) in subsection (a), as redesignated—

20 (A) in the matter preceding paragraph (2),

21 to read as follows:

22 ‘‘(a) IN THE CASE OF A FAMILY RECEIVING

23 AFDC.—Amounts collected under this part during any

24 month as support of a child who is receiving assistance

25 under part A (or a parent or caretaker relative of such
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1 a child) shall (except in the case of a State exercising the

2 option under subsection (b)) be distributed as follows:

3 ‘‘(1) an amount equal to the amount that will

4 be disregarded pursuant to section 402(a)(8)(A)(vi)

5 shall be taken from each of—

6 ‘‘(A) the amounts received in a month

7 which represent payments for that month; and

8 ‘‘(B) the amounts received in a month

9 which represent payments for a prior month

10 which were made by the absent parent in that

11 prior month;

12 and shall be paid to the family without affecting its

13 eligibility for assistance or decreasing any amount

14 otherwise payable as assistance to such family dur15 ing such month;’’;

16 (B) in paragraph (4), by striking ‘‘or (B)’’

17 and all that follows through the period and in18 serting ‘‘; then (B) from any remainder,

19 amounts equal to arrearages of such support

20 obligations assigned, pursuant to part A, to any

21 other State or States shall be paid to such

22 other State or States and used to pay any such

23 arrearages (with appropriate reimbursement of

24 the Federal Government to the extent of its
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1 participation in the financing); and then (C)

2 any remainder shall be paid to the family.’’.

3 (3) by inserting after subsection (a), as redesig4 nated, the following new subsection:

5 ‘‘(b) ALTERNATIVE DISTRIBUTION IN CASE OF FAM6 ILY RECEIVING AFDC.—In the case of a State electing

7 the option under this subsection, amounts collected as de8 scribed in subsection (a) shall be distributed as follows:

9 ‘‘(1) an amount equal to the amount that will

10 be disregarded pursuant to section 402(a)(8)(A)(vi)

11 shall be taken from each of—

12 ‘‘(A) the amounts received in a month

13 which represent payments for that month; and

14 ‘‘(B) the amounts received in a month

15 which represent payments for a prior month

16 which were made by the absent parent in that

17 prior month;

18 and shall be paid to the family without affecting its

19 eligibility for assistance or decreasing any amount

20 otherwise payable as assistance to such family dur21 ing such month;

22 ‘‘(2) second, from any remainder, amounts

23 equal to the balance of support owed for the current

24 month shall be paid to the family;
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1 ‘‘(3) third, from any remainder, amounts equal

2 to arrearages of such support obligations assigned,

3 pursuant to part A, to the State making the collec4 tion shall be retained and used by such State to pay

5 any such arrearages (with appropriate reimburse6 ment of the Federal Government to the extent of its

7 participation in the financing);

8 ‘‘(4) fourth, from any remainder, amounts

9 equal to arrearages of such support obligations as10 signed, pursuant to part A, to any other State or

11 States shall be paid to such other State or States

12 and used to pay any such arrearages (with appro13 priate reimbursement of the Federal Government to

14 the extent of its participation in the financing); and

15 ‘‘(5) fifth, any remainder shall be paid to the

16 family.’’.

17 (c) DISTRIBUTION TO A FAMILY NOT RECEIVING

18 AFDC.—

19 (1) IN GENERAL.—Section 457(c) (42 U.S.C.

20 657(c)) is amended to read as follows:

21 ‘‘(c) DISTRIBUTIONS IN CASE OF FAMILY NOT RE22 CEIVING AFDC.—Amounts collected by a State agency

23 under this part during any month as support of a child

24 who is not receiving assistance under part A (or of a par25 ent or caretaker relative of such a child) shall (subject to
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1 the remaining provisions of this section) be distributed as

2 follows:

3 ‘‘(1) first, amounts equal to the total of such

4 support owed for such month shall be paid to the

5 family;

6 ‘‘(2) second, from any remainder, amounts

7 equal to arrearages of such support obligations for

8 months during which such child did not receive as9 sistance under part A shall be paid to the family;

10 ‘‘(3) third, from any remainder, amounts equal

11 to arrearages of such support obligations assigned to

12 the State making the collection pursuant to part A

13 shall be retained and used by such State to pay any

14 such arrearages (with appropriate reimbursement of

15 the Federal Government to the extent of its partici16 pation in the financing); and

17 ‘‘(4) fourth, from any remainder, amounts

18 equal to arrearages of such support obligations as19 signed to any other State pursuant to part A shall

20 be paid to such other State or States, and used to

21 pay such arrearages, in the order in which such ar22 rearages accrued (with appropriate reimbursement

23 of the Federal Government to the extent of its par24 ticipation in the financing).’’.
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1 (2) EFFECTIVE DATE.—The amendment made

2 by paragraph (1) shall become effective on October

3 1, 1999.

4 (d) DISTRIBUTION TO A CHILD RECEIVING ASSIST5 ANCE UNDER TITLE IV–E.—Section 457(d) (42 U.S.C.

6 657(d)) is amended, in the matter preceding paragraph

7 (1), by striking ‘‘Notwithstanding the preceding provisions

8 of this section, amounts’’ and inserting the following:

9 ‘‘(d) DISTRIBUTIONS IN CASE OF A CHILD RECEIV10 ING ASSISTANCE UNDER TITLE IV–E.—Amounts’’.

11 (e) REGULATIONS.—The Secretary of Health and

12 Human Services shall promulgate regulations—

13 (1) under part D of title IV of the Social Secu14 rity Act, establishing a uniform nationwide standard

15 for allocation of child support collections from an ob16 ligor owing support to more than 1 family; and

17 (2) under part A of such title, establishing

18 standards applicable to States electing the alter19 native formula under section 457(b) of such Act for

20 distribution of collections on behalf of families re21 ceiving Aid to Families with Dependent Children,

22 designed to minimize irregular monthly payments to

23 such families.

24 (f) CLERICAL AMENDMENTS.—Section 454 (42

25 U.S.C. 654) is amended—
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1 (1) in paragraph (11)—

2 (A) by striking ‘‘(11)’’ and inserting

3 ‘‘(11)(A)’’; and

4 (B) by inserting after the semicolon ‘‘and’’;

5 and

6 (2) by redesignating paragraph (12) as sub7 paragraph (B) of paragraph (11).

8 (g) MANDATORY CHILD SUPPORT PASS-THROUGH.—

9 (1) IN GENERAL.—Section 402(a)(8)(A)(vi) (42

10 U.S.C. 602(a)(8)(A)(vi)) is amended—

11 (A) by striking ‘‘$50’’ each place it ap12 pears and inserting ‘‘$50, or, if greater, $50

13 adjusted by the CPI (as prescribed in section

14 406(i));’’; and

15 (B) by striking the semicolon at the end

16 and inserting ‘‘or, in lieu of each dollar amount

17 specified in this clause, such greater amount as

18 the State may choose (and provide for in its

19 State plan);’’.

20 (2) CPI ADJUSTMENT.—Section 406 (42

21 U.S.C. 606) is amended by adding at the end the

22 following new subsection:

23 ‘‘(i) For purposes of this part, an amount is ‘adjusted

24 by the CPI’ for any month in a calendar year by multiply25 ing the amount involved by the ratio of—
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1 ‘‘(1) the Consumer Price Index (as prepared by

2 the Department of Labor) for the third quarter of

3 the preceding calendar year, to

4 ‘‘(2) such Consumer Price Index for the third

5 quarter of calendar year 1996,

6 and rounding the product, if not a multiple of $10, to the

7 nearer multiple of $10.’’.

8 SEC. 103. RIGHTS TO NOTIFICATION AND HEARINGS.

9 (a) IN GENERAL.—Section 454 (42 U.S.C. 654), as

10 amended by section 102(f), is amended by inserting after

11 paragraph (11) the following new paragraph:

12 ‘‘(12) establish procedures to provide that—

13 ‘‘(A) individuals who are applying for or

14 receiving services under this part, or are parties

15 to cases in which services are being provided

16 under this part—

17 ‘‘(i) receive notice of all proceedings in

18 which support obligations might be estab19 lished or modified; and

20 ‘‘(ii) receive a copy of any order estab21 lishing or modifying a child support obliga22 tion, or (in the case of a petition for modi23 fication) a notice of determination that

24 there should be no change in the amount

25 of the child support award, within 14 days
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1 after issuance of such order or determina2 tion;

3 ‘‘(B) individuals applying for or receiving

4 services under this part have access to a fair

5 hearing or other formal complaint procedure

6 that meets standards established by the Sec7 retary and ensures prompt consideration and

8 resolution of complaints (but the resort to such

9 procedure shall not stay the enforcement of any

10 support order); and

11 ‘‘(C) the State may not provide to any

12 noncustodial parent of a child representation re13 lating to the establishment or modification of

14 an order for the payment of child support with

15 respect to that child, unless the State makes

16 provision for such representation outside the

17 State agency;’’.

18 (b) EFFECTIVE DATE.—The amendment made by

19 subsection (a) shall become effective on October 1, 1997.

20 SEC. 104. PRIVACY SAFEGUARDS.

21 (a) STATE PLAN REQUIREMENT.—Section 454 (42

22 U.S.C. 454) is amended—

23 (1) by striking ‘‘and’’ at the end of paragraph

24 (23);
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1 (2) by striking the period at the end of para2 graph (24) and inserting ‘‘; and’’; and

3 (3) by adding after paragraph (24) the follow4 ing:

5 ‘‘(25) provide that the State will have in effect

6 safeguards applicable to all sensitive and confidential

7 information handled by the State agency designed to

8 protect the privacy rights of the parties, including—

9 ‘‘(A) safeguards against unauthorized use

10 or disclosure of information relating to proceed11 ings or actions to establish paternity, or to es12 tablish or enforce support;

13 ‘‘(B) prohibitions on the release of infor14 mation on the whereabouts of 1 party to an15 other party against whom a protective order

16 with respect to the former party has been en17 tered; and

18 ‘‘(C) prohibitions on the release of infor19 mation on the whereabouts of 1 party to an20 other party if the State has reason to believe

21 that the release of the information may result

22 in physical or emotional harm to the former

23 party.’’.

24 (b) EFFECTIVE DATE.—The amendment made by

25 subsection (a) shall become effective on October 1, 1997.
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1 Subtitle B—Program

2 Administration and Funding

3 SEC. 111. FEDERAL MATCHING PAYMENTS.

4 (a) INCREASED BASE MATCHING RATE.—Section

5 455(a)(2) (42 U.S.C. 655(a)(2)) is amended to read as

6 follows:

7 ‘‘(2) The applicable percent for a quarter for

8 purposes of paragraph (1)(A) is—

9 ‘‘(A) for fiscal year 1997, 69 percent,

10 ‘‘(B) for fiscal year 1998, 72 percent, and

11 ‘‘(C) for fiscal year 1999 and succeeding

12 fiscal years, 75 percent.’’.

13 (b) MAINTENANCE OF EFFORT.—Section 455 (42

14 U.S.C. 655) is amended—

15 (1) in subsection (a)(1), in the matter preced16 ing subparagraph (A), by striking ‘‘From’’ and in17 serting ‘‘Subject to subsection (c), from’’; and

18 (2) by inserting after subsection (b) the follow19 ing new subsection:

20 ‘‘(c) Notwithstanding the provisions of subsection (a),

21 total expenditures for the State program under this part

22 for fiscal year 1997 and each succeeding fiscal year (ex23 cluding 1-time capital expenditures for automation), re24 duced by the percentage specified for such fiscal year
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1 under subsection (a)(2) shall not be less than such total

2 expenditures for fiscal year 1996, reduced by 66 percent.’’.

3 SEC. 112. PERFORMANCE-BASED INCENTIVES AND PEN4 ALTIES.

5 (a) INCENTIVE ADJUSTMENTS TO FEDERAL MATCH6 ING RATE.—Section 458 (42 U.S.C. 658) is amended to

7 read as follows:

8 ‘‘INCENTIVE ADJUSTMENTS TO MATCHING RATE

9 ‘‘SEC. 458. (a) INCENTIVE ADJUSTMENT.—

10 ‘‘(1) IN GENERAL.—In order to encourage and

11 reward State child support enforcement programs

12 which perform in an effective manner, the Federal

13 matching rate for payments to a State under section

14 455(a)(1)(A), for each fiscal year beginning on or

15 after October 1, 1998, shall be increased by a factor

16 reflecting the sum of the applicable incentive adjust17 ments (if any) determined in accordance with regu18 lations under this section with respect to Statewide

19 paternity establishment and to overall performance

20 in child support enforcement.

21 ‘‘(2) STANDARDS.—

22 ‘‘(A) IN GENERAL.—The Secretary shall

23 specify in regulations—

24 ‘‘(i) the levels of accomplishment, and

25 rates of improvement as alternatives to

26 such levels, which States must attain to
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1 qualify for incentive adjustments under

2 this section; and

3 ‘‘(ii) the amounts of incentive adjust4 ment that shall be awarded to States

5 achieving specified accomplishment or im6 provement levels, which amounts shall be

7 graduated, ranging up to—

8 ‘‘(I) 5 percentage points, in con9 nection with Statewide paternity es10 tablishment; and

11 ‘‘(II) 10 percentage points, in

12 connection with overall performance in

13 child support enforcement.

14 ‘‘(B) LIMITATION.—In setting performance

15 standards pursuant to subparagraph (A)(i) and

16 adjustment amounts pursuant to subparagraph

17 (A)(ii), the Secretary shall ensure that the ag18 gregate number of percentage point increases as

19 incentive adjustments to all States do not ex20 ceed such aggregate increases as assumed by

21 the Secretary in estimates of the cost of this

22 section as of June 1995, unless the aggregate

23 performance of all States exceeds the projected

24 aggregate performance of all States in such cost

25 estimates.
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1 ‘‘(3) DETERMINATION OF INCENTIVE ADJUST2 MENT.—The Secretary shall determine the amount

3 (if any) of incentive adjustment due each State on

4 the basis of the data submitted by the State pursu5 ant to section 454(15)(B) concerning the levels of

6 accomplishment (and rates of improvement) with re7 spect to performance indicators specified by the Sec8 retary pursuant to this section.

9 ‘‘(4) FISCAL YEAR SUBJECT TO INCENTIVE AD10 JUSTMENT.—The total percentage point increase de11 termined pursuant to this section with respect to a

12 State program in a fiscal year shall apply as an ad13 justment to the applicable percent under section

14 455(a)(2) for payments to such State for the suc15 ceeding fiscal year.

16 ‘‘(5) RECYCLING OF INCENTIVE ADJUST17 MENT.—A State shall expend in the State program

18 under this part all funds paid to the State by the

19 Federal Government as a result of an incentive ad20 justment under this section.

21 ‘‘(b) MEANING OF TERMS.—

22 ‘‘(1) STATEWIDE PATERNITY ESTABLISHMENT

23 PERCENTAGE.—

24 ‘‘(A) IN GENERAL.—For purposes of this

25 section, the term ‘Statewide paternity establish-
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1 ment percentage’ means, with respect to a fiscal

2 year, the ratio (expressed as a percentage) of—

3 ‘‘(i) the total number of out-of-wed4 lock children in the State under 1 year of

5 age for whom paternity is established or

6 acknowledged during the fiscal year, to

7 ‘‘(ii) the total number of children re8 quiring paternity establishment born in the

9 State during such fiscal year.

10 ‘‘(B) ALTERNATIVE MEASUREMENT.—The

11 Secretary shall develop an alternate method of

12 measurement for the Statewide paternity estab13 lishment percentage for any State that does not

14 record the out-of-wedlock status of children on

15 birth certificates.

16 ‘‘(2) the term ‘overall performance in child sup17 port enforcement’ means a measure or measures of

18 the effectiveness of the State agency in a fiscal year

19 which takes into account factors including—

20 ‘‘(A) the percentage of cases requiring a

21 child support order in which such an order was

22 established;

23 ‘‘(B) the percentage of cases in which child

24 support is being paid;
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1 ‘‘(C) the ratio of child support collected to

2 child support due; and

3 ‘‘(D) the cost-effectiveness of the State

4 program, as determined in accordance with

5 standards established by the Secretary in regu6 lations.’’.

7 (b) ADJUSTMENT OF PAYMENTS UNDER PART D OF

8 TITLE IV.—Section 455(a)(2) (42 U.S.C. 655(a)(2)), as

9 amended by section 111(a), is amended—

10 (1) by striking the period at the end of sub11 paragraph (C) and inserting a comma; and

12 (2) by adding after and below subparagraph

13 (C), flush with the left margin of the paragraph, the

14 following:

15 ‘‘increased by the incentive adjustment factor (if any) de16 termined by the Secretary pursuant to section 458.’’.

17 (c) CONFORMING AMENDMENTS.—Section 454(22)

18 (42 U.S.C. 654(22)) is amended—

19 (1) by striking ‘‘incentive payments’’ the first

20 place it appears and inserting ‘‘incentive adjust21 ments’’; and

22 (2) by striking ‘‘any such incentive payments

23 made to the State for such period’’ and inserting

24 ‘‘any increases in Federal payments to the State re25 sulting from such incentive adjustments’’.
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1 (d) CALCULATION OF IV–D PATERNITY ESTABLISH2 MENT PERCENTAGE.—

3 (1) OVERALL PERFORMANCE.—Section

4 452(g)(1) (42 U.S.C. 652(g)(1)) is amended in the

5 matter preceding subparagraph (A) by inserting ‘‘its

6 overall performance in child support enforcement is

7 satisfactory (as defined in section 458(b) and regula8 tions of the Secretary), and’’ after ‘‘1994,’’.

9 (2) DEFINITION.—Section 452(g)(2)(A) (42

10 U.S.C. 652(g)(2)(A)) is amended, in the matter pre11 ceding clause (i)—

12 (A) by striking ‘‘paternity establishment

13 percentage’’ and inserting ‘‘IV–D paternity es14 tablishment percentage’’; and

15 (B) by striking ‘‘(or all States, as the case

16 may be)’’.

17 (3) MODIFICATION OF REQUIREMENTS.—Sec18 tion 452(g)(3) (42 U.S.C. 652(g)(3)) is amended—

19 (A) by striking subparagraph (A) and re20 designating subparagraphs (B) and (C) as sub21 paragraphs (A) and (B), respectively;

22 (B) in subparagraph (A), as redesignated,

23 by striking ‘‘the percentage of children born

24 out-of-wedlock in the State’’ and inserting ‘‘the

25 percentage of children in the State who are
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1 born out of wedlock or for whom support has

2 not been established’’; and

3 (C) in subparagraph (B), as redesig4 nated—

5 (i) by inserting ‘‘and overall perform6 ance in child support enforcement’’ after

7 ‘‘paternity establishment percentages’’; and

8 (ii) by inserting ‘‘and securing sup9 port’’ before the period.

10 (e) REDUCTION OF PAYMENTS UNDER PART D OF

11 TITLE IV.—

12 (1) NEW REQUIREMENTS.—Section 455 (42

13 U.S.C. 655) is amended—

14 (A) by redesignating subsection (e) as sub15 section (f); and

16 (B) by inserting after subsection (d) the

17 following new subsection:

18 ‘‘(e)(1) Notwithstanding any other provision of law,

19 if the Secretary finds, with respect to a State program

20 under this part in a fiscal year beginning on or after Octo21 ber 1, 1997—

22 ‘‘(A)(i) on the basis of data submitted by a

23 State pursuant to section 454(15)(B), that the State

24 program in such fiscal year failed to achieve the IV–

25 D paternity establishment percentage (as defined in
26

•S 456 IS

1 section 452(g)(2)(A)) or the appropriate level of

2 overall performance in child support enforcement (as

3 defined in section 458(b)(2)), or to meet other per4 formance measures that may be established by the

5 Secretary, or

6 ‘‘(ii) on the basis of an audit or audits of such

7 State data conducted pursuant to section

8 452(a)(4)(C), that the State data submitted pursu9 ant to section 454(15)(B) is incomplete or unreli10 able; and

11 ‘‘(B) that, with respect to the succeeding fiscal

12 year—

13 ‘‘(i) the State failed to take sufficient cor14 rective action to achieve the appropriate per15 formance levels as described in subparagraph

16 (A)(i) of this paragraph, or

17 ‘‘(ii) the data submitted by the State pur18 suant to section 454(15)(B) is incomplete or

19 unreliable,

20 the amounts otherwise payable to the State under this

21 part for quarters following the end of such succeeding fis22 cal year, prior to quarters following the end of the first

23 quarter throughout which the State program is in compli24 ance with such performance requirement, shall be reduced

25 by the percentage specified in paragraph (2).
27

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1 ‘‘(2) The reductions required under paragraph (1)

2 shall be—

3 ‘‘(A) not less than 3 nor more than 5 percent,

4 or

5 ‘‘(B) not less than 5 nor more than 7 percent,

6 if the finding is the second consecutive finding made

7 pursuant to paragraph (1), or

8 ‘‘(C) not less than 7 nor more than 10 percent,

9 if the finding is the third or a subsequent consecu10 tive such finding.

11 ‘‘(3) For purposes of this subsection, section

12 402(a)(27), and section 452(a)(4), a State which is deter13 mined as a result of an audit to have submitted incomplete

14 or unreliable data pursuant to section 454(15)(B), shall

15 be determined to have submitted adequate data if the Sec16 retary determines that the extent of the incompleteness

17 or unreliability of the data is of a technical nature which

18 does not adversely affect the determination of the level of

19 the State’s performance.’’.

20 (2) CONFORMING AMENDMENTS.—

21 (A) PAYMENTS TO STATES.—Section 403

22 (42 U.S.C. 603) is amended by striking sub23 section (h).

24 (B) DUTIES OF SECRETARY.—Subsections

25 (d)(3)(A), (g)(1), and (g)(3)(A) of section 452
28

•S 456 IS

1 (42 U.S.C. 652) are each amended by striking

2 ‘‘403(h)’’ and inserting ‘‘455(e)’’.

3 (f) EFFECTIVE DATES.—

4 (1) INCENTIVE ADJUSTMENTS.—

5 (A) IN GENERAL.—The amendments made

6 by subsections (a), (b), and (c) shall become ef7 fective on October 1, 1997, except to the extent

8 provided in subparagraph (B).

9 (B) EXCEPTION.—Section 458 of the So10 cial Security Act, as in effect prior to the enact11 ment of this section, shall be effective for pur12 poses of incentive payments to States for fiscal

13 years prior to fiscal year 1999.

14 (2) PENALTY REDUCTIONS.—

15 (A) IN GENERAL.—The amendments made

16 by subsection (d) shall become effective with re17 spect to calendar quarters beginning on and

18 after the date of the enactment of this Act.

19 (B) REDUCTIONS.—The amendments

20 made by subsection (e) shall become effective

21 with respect to calendar quarters beginning on

22 and after the date 1 which is year after the

23 date of the enactment of this Act.
29

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1 SEC. 113. FEDERAL AND STATE REVIEWS AND AUDITS.

2 (a) STATE AGENCY ACTIVITIES.—Section 454 (42

3 U.S.C. 654) is amended—

4 (1) in paragraph (14)—

5 (A) by striking ‘‘(14)’’ and inserting

6 ‘‘(14)(A)’’; and

7 (B) by inserting after the semicolon ‘‘and’’;

8 (2) by redesignating paragraph (15) as sub9 paragraph (B) of paragraph (14); and

10 (3) by inserting after paragraph (14) the fol11 lowing new paragraph:

12 ‘‘(15) provide for—

13 ‘‘(A) a process for annual reviews of and

14 reports to the Secretary on the State program

15 under this part—

16 ‘‘(i) which shall include such informa17 tion as may be necessary to measure State

18 compliance with Federal requirements for

19 expedited procedures and timely case proc20 essing, using such standards and proce21 dures as are required by the Secretary;

22 and

23 ‘‘(ii) under which the State agency

24 will determine the extent to which such

25 program is in conformity with applicable

26 requirements with respect to the operation
30

•S 456 IS

1 of State programs under this part (includ2 ing the status of complaints filed under the

3 procedure required under paragraph

4 (12)(B)); and

5 ‘‘(B) a process of extracting from the

6 State automated data processing system and

7 transmitting to the Secretary data and calcula8 tions concerning the levels of accomplishment

9 (and rates of improvement) with respect to ap10 plicable performance indicators (including IV–D

11 paternity establishment percentages and overall

12 performance in child support enforcement) to

13 the extent necessary for purposes of sections

14 452(g) and 458.’’.

15 (b) FEDERAL ACTIVITIES.—Section 452(a)(4) (42

16 U.S.C. 652(a)(4)) is amended to read as follows:

17 ‘‘(4)(A) review data and calculations transmit18 ted by State agencies pursuant to section

19 454(15)(B) on State program accomplishments with

20 respect to performance indicators for purposes of

21 section 452(g) and 458, and determine the amount

22 (if any) of penalty reductions pursuant to section

23 455(e) to be applied to the State;

24 ‘‘(B) review annual reports by State agencies

25 pursuant to section 454(15)(A) on State program
31

•S 456 IS

1 conformity with Federal requirements; evaluate any

2 elements of a State program in which significant de3 ficiencies are indicated by such report on the status

4 of complaints under the State procedure under sec5 tion 454(12)(B); and, as appropriate, provide to the

6 State agency comments, recommendations for addi7 tional or alternative corrective actions, and technical

8 assistance; and

9 ‘‘(C) conduct audits, in accordance with the

10 government auditing standards of the United States

11 Comptroller General—

12 ‘‘(i) at least once every 3 years (or more

13 frequently, in the case of a State which fails to

14 meet requirements of this part, or of regula15 tions implementing such requirements, concern16 ing performance standards and reliability of

17 program data) to assess the completeness, reli18 ability, and security of the data, and the accu19 racy of the reporting systems, used for the cal20 culations of performance indicators specified in

21 subsection (g) and section 458;

22 ‘‘(ii) of the adequacy of financial manage23 ment of the State program, including assess24 ments of—
32

•S 456 IS

1 ‘‘(I) whether Federal and other funds

2 made available to carry out the State pro3 gram under this part are being appro4 priately expended, and are properly and

5 fully accounted for; and

6 ‘‘(II) whether collections and disburse7 ments of support payments and program

8 income are carried out correctly and are

9 properly and fully accounted for; and

10 ‘‘(iii) for such other purposes as the Sec11 retary may find necessary;’’.

12 (c) EFFECTIVE DATE.—The amendments made by

13 this section shall be effective with respect to calendar

14 quarters beginning on or after the date which is 1 year

15 after the enactment of this section.

16 SEC. 114. REQUIRED REPORTING PROCEDURES.

17 (a) ESTABLISHMENT.—Section 452(a)(5) (42 U.S.C.

18 652(a)(5)) is amended by inserting ‘‘, and establish proce19 dures to be followed by States for collecting and reporting

20 information required to be provided under this part, and

21 establish uniform definitions (including those necessary to

22 enable the measurement of State compliance with the re23 quirements of this part relating to expedited processes and

24 timely case processing) to be applied in following such pro25 cedures’’ before the semicolon.
33

•S 456 IS

1 (b) STATE PLAN REQUIREMENT.—Section 454 (42

2 U.S.C. 654), as amended by section 104(a), is amended—

3 (1) by striking ‘‘and’’ at the end of paragraph

4 (24);

5 (2) by striking the period at the end of para6 graph (25) and inserting ‘‘; and’’; and

7 (3) by adding after paragraph (25) the follow8 ing:

9 ‘‘(26) provide that the State shall use the defi10 nitions established under section 452(a)(5) in col11 lecting and reporting information as required under

12 this part.’’.

13 SEC. 115. AUTOMATED DATA PROCESSING REQUIREMENTS.

14 (a) REVISED REQUIREMENTS.—

15 (1) STATE PLAN.—Section 454(16) (42 U.S.C.

16 654(16)) is amended—

17 (A) by striking ‘‘, at the option of the

18 State,’’;

19 (B) by inserting ‘‘and operation by the

20 State agency’’ after ‘‘for the establishment’’;

21 (C) by inserting ‘‘meeting the requirements

22 of section 454A’’ after ‘‘information retrieval

23 system’’;

24 (D) by striking ‘‘in the State and localities

25 thereof, so as (A)’’ and inserting ‘‘so as’’;
34

•S 456 IS

1 (E) by striking ‘‘(i)’’; and

2 (F) by striking ‘‘(including, but not limited

3 to,’’ and all that follows and to the semicolon.

4 (2) AUTOMATED DATA PROCESSING.—Part D of

5 title IV (42 U.S.C. 651–669) is amended by insert6 ing after section 454 the following new section:

7 ‘‘AUTOMATED DATA PROCESSING

8 ‘‘SEC. 454A. (a) IN GENERAL.—In order to meet the

9 requirements of this section, for purposes of the require10 ment of section 454(16), a State agency shall have in op11 eration a single statewide automated data processing and

12 information retrieval system which has the capability to

13 perform the tasks specified in this section, and performs

14 such tasks with the frequency and in the manner specified

15 in this part or in regulations or guidelines of the Sec16 retary.

17 ‘‘(b) PROGRAM MANAGEMENT.—The automated sys18 tem required under this section shall perform such func19 tions as the Secretary may specify relating to management

20 of the program under this part, including—

21 ‘‘(1) controlling and accounting for use of Fed22 eral, State, and local funds to carry out such pro23 gram; and

24 ‘‘(2) maintaining the data necessary to meet

25 Federal reporting requirements on a timely basis.
35

•S 456 IS

1 ‘‘(c) CALCULATION OF PERFORMANCE INDICA2 TORS.—In order to enable the Secretary to determine the

3 incentive and penalty adjustments required by sections

4 452(g) and 458, the State agency shall—

5 ‘‘(1) use the automated system—

6 ‘‘(A) to maintain the requisite data on

7 State performance with respect to paternity es8 tablishment and child support enforcement in

9 the State; and

10 ‘‘(B) to calculate the IV–D paternity es11 tablishment percentage and overall performance

12 in child support enforcement for the State for

13 each fiscal year; and

14 ‘‘(2) have in place systems controls to ensure

15 the completeness, and reliability of, and ready access

16 to, the data described in paragraph (1)(A), and the

17 accuracy of the calculations described in paragraph

18 (1)(B).

19 ‘‘(d) INFORMATION INTEGRITY AND SECURITY.—The

20 State agency shall have in effect safeguards on the integ21 rity, accuracy, and completeness of, access to, and use of

22 data in the automated system required under this section,

23 which shall include the following (in addition to such other

24 safeguards as the Secretary specifies in regulations):
36

•S 456 IS

1 ‘‘(1) POLICIES RESTRICTING ACCESS.—Written

2 policies concerning access to data by State agency

3 personnel, and sharing of data with other persons,

4 which—

5 ‘‘(A) permit access to and use of data only

6 to the extent necessary to carry out program re7 sponsibilities;

8 ‘‘(B) specify the data which may be used

9 for particular program purposes, and the per10 sonnel permitted access to such data; and

11 ‘‘(C) ensure that data obtained or disclosed

12 for a limited program purpose is not used or

13 redisclosed for another, impermissible purpose.

14 ‘‘(2) SYSTEMS CONTROLS.—Systems controls

15 (such as passwords or blocking of fields) to ensure

16 strict adherence to the policies specified under para17 graph (1).

18 ‘‘(3) MONITORING OF ACCESS.—Routine mon19 itoring of access to and use of the automated sys20 tem, through methods such as audit trails and feed21 back mechanisms, to guard against and promptly

22 identify unauthorized access or use.

23 ‘‘(4) TRAINING AND INFORMATION.—The State

24 agency shall have in effect procedures to ensure that

25 all personnel (including State and local agency staff
37

•S 456 IS

1 and contractors) who may have access to or be re2 quired to use sensitive or confidential program data

3 are fully informed of applicable requirements and

4 penalties, and are adequately trained in security pro5 cedures.

6 ‘‘(5) PENALTIES.—The State agency shall have

7 in effect administrative penalties (up to and includ8 ing dismissal from employment) for unauthorized ac9 cess to, or disclosure or use of, confidential data.’’.

10 (3) REGULATIONS.—Section 452 (42 U.S.C.

11 652) is amended by adding at the end the following

12 new subsection:

13 ‘‘(j) The Secretary shall prescribe final regulations

14 for implementation of the requirements of section 454A

15 not later than 2 years after the date of the enactment of

16 this subsection.’’.

17 (4) IMPLEMENTATION TIMETABLE.—Section

18 454(24) (42 U.S.C. 654(24)), as amended by sec19 tions 104(a)(2) and 114(b)(1), is amended to read

20 as follows:

21 ‘‘(24) provide that the State will have in effect

22 an automated data processing and information re23 trieval system—

24 ‘‘(A) by October 1, 1996, meeting all re25 quirements of this part which were enacted on
38

•S 456 IS

1 or before the date of the enactment of the Fam2 ily Support Act of 1988; and

3 ‘‘(B) by October 1, 1999, meeting all re4 quirements of this part enacted on or before the

5 date of the enactment of the Interstate Child

6 Support Responsibility Act of 1995 (but this

7 provision shall not be construed to alter earlier

8 deadlines specified for elements of such sys9 tem), except that such deadline shall be ex10 tended by 1 day for each day (if any) by which

11 the Secretary fails to meet the deadline imposed

12 by section 452(j);’’.

13 (b) SPECIAL FEDERAL MATCHING RATE FOR DE14 VELOPMENT COSTS OF AUTOMATED SYSTEMS.—Section

15 455(a) (42 U.S.C. 655(a)) is amended—

16 (1) in paragraph (1)(B)—

17 (A) by striking ‘‘90 percent’’ and inserting

18 ‘‘the percent specified in paragraph (3)’’;

19 (B) by striking ‘‘so much of’’; and

20 (C) by striking ‘‘which the Secretary’’ and

21 all that follows through ‘‘thereof’’; and

22 (2) by adding at the end the following new

23 paragraph:

24 ‘‘(3)(A) The Secretary shall pay to each State, for

25 each quarter in fiscal year 1996, 90 percent of so much
39

•S 456 IS

1 of State expenditures described in paragraph (1)(B) as the

2 Secretary finds are for a system meeting the requirements

3 specified in section 454(16), or meeting such requirements

4 without regard to subparagraph (D) thereof.

5 ‘‘(B)(i) The Secretary shall pay to each State, for

6 each quarter in fiscal years 1997 through 2001, the per7 centage specified in clause (ii) of so much of State expend8 itures described in paragraph (1)(B) as the Secretary

9 finds are for a system meeting the requirements specified

10 in section 454(16) and 454A, subject to clause (iii).

11 ‘‘(ii) The percentage specified in this clause, for pur12 poses of clause (i), is the higher of—

13 ‘‘(I) 80 percent, or

14 ‘‘(II) the percentage otherwise applicable to

15 Federal payments to the State under subparagraph

16 (A) (as adjusted pursuant to section 458).’’.

17 (c) CONFORMING AMENDMENT.—Section 123(c) of

18 the Family Support Act of 1988 (102 Stat. 2352; Public

19 Law 100–485) is repealed.

20 SEC. 116. DIRECTOR OF CSE PROGRAM; STAFFING STUDY.

21 (a) REPORTING TO SECRETARY.—Section 452(a) (42

22 U.S.C. 652(a)) is amended in the matter preceding para23 graph (1) by striking ‘‘directly’’.

24 (b) STAFFING STUDIES.—
40

•S 456 IS

1 (1) SCOPE.—The Secretary of Health and

2 Human Services (in this subsection referred to as

3 the ‘‘Secretary’’) shall, directly or by contract, con4 duct studies of the staffing of each State child sup5 port enforcement program under part D of title IV

6 of the Social Security Act. Such studies shall—

7 (A) include a review of the staffing needs

8 created by requirements for automated data

9 processing, maintenance of a central case reg10 istry and centralized collections of child sup11 port, and of changes in these needs resulting

12 from changes in such requirements; and

13 (B) examine and report on effective staff14 ing practices used by the States and on rec15 ommended staffing procedures.

16 (2) FREQUENCY OF STUDIES.—The Secretary

17 shall complete the first staffing study required under

18 paragraph (1) not later than October 1, 1997, and

19 may conduct additional studies subsequently at ap20 propriate intervals.

21 (3) REPORT TO THE CONGRESS.—The Sec22 retary shall submit a report to the Congress stating

23 the findings and conclusions of each study conducted

24 under this subsection.
41

•S 456 IS

1 SEC. 117. FUNDING FOR SECRETARIAL ASSISTANCE TO

2 STATE PROGRAMS.

3 Section 452 (42 U.S.C. 652), as amended by section

4 115(a)(3), is amended by adding at the end the following

5 new subsection:

6 ‘‘(k)(1) There shall be available to the Secretary,

7 from amounts appropriated for fiscal year 1996 and each

8 succeeding fiscal year for payments to States under this

9 part, the amount specified in paragraph (2) for the costs

10 to the Secretary for—

11 ‘‘(A) information dissemination and technical

12 assistance to States, training of State and Federal

13 staff, staffing studies, and related activities needed

14 to improve programs (including technical assistance

15 concerning State automated systems);

16 ‘‘(B) research, demonstration, and special

17 projects of regional or national significance relating

18 to the operation of State programs under this part;

19 and

20 ‘‘(C) operation of the Federal Parent Locator

21 Service under section 453, to the extent such costs

22 are not recovered through user fees.

23 ‘‘(2) The amount specified in this paragraph for a

24 fiscal year is the amount equal to a percentage of the re25 duction in Federal payments to States under part A on

26 account of child support (including arrearages) collected
42

•S 456 IS

1 in the preceding fiscal year on behalf of children receiving

2 aid under such part A in such preceding fiscal year (as

3 determined on the basis of the most recent reliable data

4 available to the Secretary as of the end of the third cal5 endar quarter following the end of such preceding fiscal

6 year), equal to—

7 ‘‘(A) 1 percent, for the activities specified in

8 subparagraphs (A) and (B) of paragraph (1); and

9 ‘‘(B) 2 percent, for the activities specified in

10 subparagraph (C) of paragraph (1).’’.

11 SEC. 118. DATA COLLECTION AND REPORTS BY THE SEC12 RETARY.

13 (a) ANNUAL REPORT TO CONGRESS.—

14 (1) IN GENERAL.—Section 452(a)(10)(A) (42

15 U.S.C. 652(a)(10)(A)) is amended—

16 (A) by striking ‘‘this part;’’ and inserting

17 ‘‘this part, including—’’; and

18 (B) by adding at the end the following in19 dented clauses:

20 ‘‘(i) the total amount of child support

21 payments collected as a result of services

22 furnished during such fiscal year to indi23 viduals receiving services under this part;
43

•S 456 IS

1 ‘‘(ii) the cost to the States and to the

2 Federal Government of furnishing such

3 services to those individuals; and

4 ‘‘(iii) the number of cases involving

5 families—

6 ‘‘(I) who became ineligible for aid

7 under part A during a month in such

8 fiscal year; and

9 ‘‘(II) with respect to whom a

10 child support payment was received in

11 the same month;’’.

12 (2) CERTAIN DATA.—Section 452(a)(10)(C) (42

13 U.S.C. 652(a)(10)(C)) is amended—

14 (A) in the matter preceding clause (i), by

15 striking ‘‘with the data required under each

16 clause being separately stated for cases’’ and all

17 that follows through ‘‘part:’’ and inserting ‘‘sep18 arately stated for cases where the child is re19 ceiving aid to families with dependent children

20 (or foster care maintenance payments under

21 part E), or formerly received such aid or pay22 ments and the State is continuing to collect

23 support assigned to it under section 402(a)(26),

24 471(a)(17), or 1912, and all other cases under

25 this part—’’;
44

•S 456 IS

1 (B) in each of clauses (i) and (ii), by strik2 ing ‘‘, and the total amount of such obliga3 tions’’;

4 (C) in clause (iii), by striking ‘‘described

5 in’’ and all that follows through the semicolon

6 and inserting ‘‘in which support was collected

7 during the fiscal year;’’;

8 (D) by striking clause (iv); and

9 (E) by redesignating clause (v) as clause

10 (vii), and inserting after clause (iii) the follow11 ing new clauses:

12 ‘‘(iv) the total amount of support col13 lected during such fiscal year and distrib14 uted as current support;

15 ‘‘(v) the total amount of support col16 lected during such fiscal year and distrib17 uted as arrearages;

18 ‘‘(vi) the total amount of support due

19 and unpaid for all fiscal years; and’’.

20 (3) USE OF FEDERAL COURTS.—Section

21 452(a)(10)(G) (42 U.S.C. 652(a)(10)(G)) is amend22 ed by striking ‘‘on the use of Federal courts and’’.

23 (4) ADDITIONAL INFORMATION NOT NEC24 ESSARY.—Section 452(a)(10) (42 U.S.C.
45

•S 456 IS

1 652(a)(10)) is amended by striking all that follows

2 subparagraph (I).

3 (b) DATA COLLECTION AND REPORTING.—Section

4 469 (42 U.S.C. 669) is amended—

5 (1) by striking subsections (a) and (b) and in6 serting the following:

7 ‘‘(a) The Secretary shall collect and maintain, on a

8 fiscal year basis, up-to-date statistics, by State, with re9 spect to services to establish paternity and services to es10 tablish child support obligations, the data specified in sub11 section (b), separately stated, in the case of each such

12 service, with respect to—

13 ‘‘(1) families (or dependent children) receiving

14 aid under plans approved under part A (or E); and

15 ‘‘(2) families not receiving such aid.

16 ‘‘(b) The data referred to in subsection (a) are—

17 ‘‘(1) the number of cases in the caseload of the

18 State agency administering the plan under this part

19 in which such service is needed; and

20 ‘‘(2) the number of such cases in which the

21 service has been provided.’’; and

22 (2) in subsection (c), by striking ‘‘(a)(2)’’ and

23 inserting ‘‘(b)(2)’’.
46

•S 456 IS

1 (c) EFFECTIVE DATE.—The amendments made by

2 this section shall be effective with respect to fiscal year

3 1996 and succeeding fiscal years.

4 Subtitle C—Locate and Case

5 Tracking

6 SEC. 121. CENTRAL STATE AND CASE REGISTRY.

7 Section 454A, as added by section 115(a)(2), is

8 amended by adding at the end the following new sub9 sections:

10 ‘‘(e) CENTRAL CASE REGISTRY.—

11 ‘‘(1) IN GENERAL.—The automated system re12 quired under this section shall perform the func13 tions, in accordance with the provisions of this sub14 section, of a single central registry containing

15 records with respect to each case in which services

16 are being provided by the State agency (including,

17 on and after October 1, 1998, each order specified

18 in section 466(a)(12)), using such standardized data

19 elements (such as names, social security numbers or

20 other uniform identification numbers, dates of birth,

21 and case identification numbers), and containing

22 such other information (such as information on case

23 status) as the Secretary may require.

24 ‘‘(2) PAYMENT RECORDS.—Each case record in

25 the central registry shall include a record of—
47

•S 456 IS

1 ‘‘(A) the amount of monthly (or other peri2 odic) support owed under the support order,

3 and other amounts due or overdue (including

4 arrearages, interest or late payment penalties,

5 and fees);

6 ‘‘(B) all child support and related amounts

7 collected (including such amounts as fees, late

8 payment penalties, and interest on arrearages);

9 ‘‘(C) the distribution of such amounts col10 lected; and

11 ‘‘(D) the birth date of the child for whom

12 the child support order is entered.

13 ‘‘(3) UPDATING AND MONITORING.—The State

14 agency shall promptly establish and maintain, and

15 regularly monitor, case records in the registry re16 quired by this subsection, on the basis of—

17 ‘‘(A) information on administrative actions

18 and administrative and judicial proceedings and

19 orders relating to paternity and support;

20 ‘‘(B) information obtained from matches

21 with Federal, State, or local data sources;

22 ‘‘(C) information on support collections

23 and distributions; and

24 ‘‘(D) any other relevant information.
48

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1 ‘‘(f) DATA MATCHES AND OTHER DISCLOSURES OF

2 INFORMATION.—The automated system required under

3 this section shall have the capacity, and be used by the

4 State agency, to extract data at such times, and in such

5 standardized format or formats, as may be required by

6 the Secretary, and to share and match data with, and re7 ceive data from, other data bases and data matching serv8 ices, in order to obtain (or provide) information necessary

9 to enable the State agency (or Secretary or other State

10 or Federal agencies) to carry out responsibilities under

11 this part. Data matching activities of the State agency

12 shall include at least the following:

13 ‘‘(1) DATA BANK OF CHILD SUPPORT OR14 DERS.—Furnishing to the Data Bank of Child Sup15 port Orders established under section 453(h) (and

16 updating as necessary, with information, including

17 notice of expiration of orders) minimal information

18 specified by the Secretary on each child support case

19 in the central case registry.

20 ‘‘(2) FEDERAL PARENT LOCATOR SERVICE.—

21 Exchanging data with the Federal Parent Locator

22 Service for the purposes specified in section 453.

23 ‘‘(3) AFDC AND MEDICAID AGENCIES.—Ex24 changing data with State agencies (of the State and

25 of other States) administering the programs under
49

•S 456 IS

1 part A and title XIX, as necessary for the perform2 ance of State agency responsibilities under this part

3 and under such programs.

4 ‘‘(4) INTRA- AND INTERSTATE DATA

5 MATCHES.—Exchanging data with other agencies of

6 the State, agencies of other States, and interstate

7 information networks, as necessary and appropriate

8 to carry out (or assist other States to carry out) the

9 purposes of this part.’’.

10 SEC. 122. CENTRALIZED COLLECTION AND DISBURSEMENT

11 OF SUPPORT PAYMENTS.

12 (a) STATE PLAN REQUIREMENT.—Section 454 (42

13 U.S.C. 654), as amended by sections 104(a) and 114(b),

14 is amended—

15 (1) by striking ‘‘and’’ at the end of paragraph

16 (25);

17 (2) by striking the period at the end of para18 graph (26) and inserting ‘‘; and’’; and

19 (3) by adding after paragraph (26) the follow20 ing new paragraph:

21 ‘‘(27) provide that the State agency, on and

22 after October 1, 1998—

23 ‘‘(A) will operate a centralized, automated

24 unit for the collection and disbursement of child
50

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1 support under orders being enforced under this

2 part, in accordance with section 454B; and

3 ‘‘(B) will have sufficient State staff (con4 sisting of State employees), and, at State op5 tion, contractors reporting directly to the State

6 agency to monitor and enforce support collec7 tions through such centralized unit, including

8 carrying out the automated data processing re9 sponsibilities specified in section 454A(g) and

10 to impose, as appropriate in particular cases,

11 the administrative enforcement remedies speci12 fied in section 466(c)(1).’’.

13 (b) ESTABLISHMENT OF CENTRALIZED COLLECTION

14 UNIT.—Part D of title IV (42 U.S.C. 651–669) is amend15 ed by adding after section 454A the following new section:

16 ‘‘CENTRALIZED COLLECTION AND DISBURSEMENT OF

17 SUPPORT PAYMENTS

18 ‘‘SEC. 454B. (a) IN GENERAL.—In order to meet the

19 requirement of section 454(27), the State agency must op20 erate a single, centralized, automated unit for the collec21 tion and disbursement of support payments, coordinated

22 with the automated data system required under section

23 454A, in accordance with the provisions of this section,

24 which shall be—

25 ‘‘(1) operated directly by the State agency (or

26 by 2 or more State agencies under a regional cooper-
51

•S 456 IS

1 ative agreement), or by a single contractor respon2 sible directly to the State agency; and

3 ‘‘(2) used for the collection and disbursement

4 (including interstate collection and disbursement) of

5 payments under support orders in all cases being en6 forced by the State pursuant to section 454(4).

7 ‘‘(b) REQUIRED PROCEDURES.—The centralized col8 lections unit shall use automated procedures, electronic

9 processes, and computer-driven technology to the maxi10 mum extent feasible, efficient, and economical, for the col11 lection and disbursement of support payments, including

12 procedures—

13 ‘‘(1) for receipt of payments from parents, em14 ployers, and other States, and for disbursements to

15 custodial parents and other obligees, the State agen16 cy, and the State agencies of other States;

17 ‘‘(2) for accurate identification of payments;

18 ‘‘(3) to ensure prompt disbursement of the cus19 todial parent’s share of any payment; and

20 ‘‘(4) to furnish to either parent, upon request,

21 timely information on the current status of support

22 payments.’’.

23 (c) USE OF AUTOMATED SYSTEM.—Section 454A, as

24 added by section 115(a)(2) and as amended by section
52

•S 456 IS

1 121, is amended by adding at the end the following new

2 subsection:

3 ‘‘(g) CENTRALIZED COLLECTION AND DISTRIBUTION

4 OF SUPPORT PAYMENTS.—The automated system re5 quired under this section shall be used, to the maximum

6 extent feasible, to assist and facilitate collections and dis7 bursement of support payments through the centralized

8 collections unit operated pursuant to section 454B,

9 through the performance of functions including at a mini10 mum—

11 ‘‘(1) generation of orders and notices to em12 ployers (and other debtors) for the withholding of

13 wages (and other income)—

14 ‘‘(A) within 2 working days after receipt

15 (from the directory of New Hires established

16 under section 453(i) or any other source) of no17 tice of and the income source subject to such

18 withholding; and

19 ‘‘(B) using uniform formats directed by

20 the Secretary;

21 ‘‘(2) ongoing monitoring to promptly identify

22 failures to make timely payment; and

23 ‘‘(3) automatic use of enforcement mechanisms

24 (including mechanisms authorized pursuant to sec25 tion 466(c)) where payments are not timely made.’’.
53

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1 (d) EFFECTIVE DATE.—The amendments made by

2 this section shall become effective on October 1, 1998.

3 SEC. 123. AMENDMENTS CONCERNING INCOME WITHHOLD4 ING.

5 (a) MANDATORY INCOME WITHHOLDING.—

6 (1) FROM WAGES.—Section 466(a)(1) (42

7 U.S.C. 666(a)(1)) is amended to read as follows:

8 ‘‘(1)(A) Procedures described in subsection (b)

9 for the withholding from income of amounts payable

10 as support in cases subject to enforcement under the

11 State plan.

12 ‘‘(B) Procedures under which all child support

13 orders issued (or modified) before October 1, 1996,

14 and which are not otherwise subject to withholding

15 under subsection (b), shall become subject to with16 holding from wages as provided in subsection (b) if

17 arrearages occur, without the need for a judicial or

18 administrative hearing.’’.

19 (2) REPEAL OF CERTAIN PROVISIONS CONCERN20 ING ARREARAGES.—Section 466(a)(8) (42 U.S.C.

21 666(a)(8)) is repealed.

22 (3) PROCEDURES DESCRIBED.—Section 466(b)

23 (42 U.S.C. 666(b)) is amended—
54

•S 456 IS

1 (A) in the matter preceding paragraph (1),

2 by striking ‘‘subsection (a)(1)’’ and inserting

3 ‘‘subsection (a)(1)(A)’’;

4 (B) in paragraph (5), by striking ‘‘a public

5 agency’’ and all that follows through the period

6 and inserting ‘‘the State through the central7 ized collections unit established pursuant to sec8 tion 454B, in accordance with the requirements

9 of such section 454B.’’;

10 (C) in paragraph (6)(A)(i)—

11 (i) by inserting ‘‘, in accordance with

12 timetables established by the Secretary,’’

13 after ‘‘must be required’’; and

14 (ii) by striking ‘‘to the appropriate

15 agency’’ and all that follows through the

16 period and inserting ‘‘to the State central17 ized collections unit within 5 working days

18 after the date such amount would (but for

19 this subsection) have been paid or credited

20 to the employee, for distribution in accord21 ance with this part.’’;

22 (D) in paragraph (6)(A)(ii), by inserting

23 ‘‘be in a standard format prescribed by the Sec24 retary, and’’ after ‘‘shall’’; and

25 (E) in paragraph (6)(D) to read as follows:
55

•S 456 IS

1 ‘‘(D) Provision must be made for the imposition

2 of a fine against any employer who—

3 ‘‘(i) discharges from employment, refuses

4 to employ, or takes disciplinary action against

5 any absent parent subject to wage withholding

6 required by this subsection because of the exist7 ence of such withholding and the obligations or

8 additional obligations which it imposes upon the

9 employer; or

10 ‘‘(ii) fails to withhold support from wages,

11 or to pay such amounts to the State centralized

12 collections unit in accordance with this sub13 section.’’.

14 (b) CONFORMING AMENDMENT.—Section 466(c) (42

15 U.S.C. 666(c)) is repealed.

16 (c) DEFINITION OF TERMS.—The Secretary of

17 Health and Human Services shall promulgate regulations

18 providing definitions, for purposes of part D of title IV

19 of the Social Security Act, for the term ‘‘income’’ and for

20 such other terms relating to income withholding under sec21 tion 466(b) of such Act as the Secretary may find it nec22 essary or advisable to define.
56

•S 456 IS

1 SEC. 124. LOCATOR INFORMATION FROM INTERSTATE NET2 WORKS.

3 Section 466(a) (42 U.S.C. 666(a)), as amended by

4 section 123(a)(2), is amended by inserting after para5 graph (7) the following new paragraph:

6 ‘‘(8) Procedures ensuring that the State will

7 neither provide funding for, nor use for any purpose

8 (including any purpose unrelated to the purposes of

9 this part), any automated interstate network or sys10 tem used to locate individuals—

11 ‘‘(A) for purposes relating to the use of

12 motor vehicles; or

13 ‘‘(B) providing information for law en14 forcement purposes (where child support en15 forcement agencies are otherwise allowed access

16 by State and Federal law),

17 unless all Federal and State agencies administering

18 programs under this part (including the entities es19 tablished under section 453) have access to informa20 tion in such system or network to the same extent

21 as any other user of such system or network.’’.

22 SEC. 125. EXPANDED FEDERAL PARENT LOCATOR SERVICE.

23 (a) EXPANDED AUTHORITY TO LOCATE INDIVID24 UALS AND ASSETS.—Section 453 (42 U.S.C. 653) is

25 amended—
57

•S 456 IS

1 (1) in subsection (a), by striking ‘‘information

2 as to the whereabouts’’ and all that follows through

3 the period and inserting ‘‘, for the purpose of estab4 lishing parentage, establishing, setting the amount

5 of, modifying, or enforcing child support obliga6 tions—

7 ‘‘(1) information on, or facilitating the discov8 ery of, the location of any individual—

9 ‘‘(A) who is under an obligation to pay

10 child support;

11 ‘‘(B) against whom such an obligation is

12 sought; or

13 ‘‘(C) to whom such an obligation is owed,

14 including such individual’s social security number

15 (or numbers), most recent residential address, and

16 the name, address, and employer identification num17 ber of such individual’s employer; and

18 ‘‘(2) information on the individual’s wages (or

19 other income) from, and benefits of, employment (in20 cluding rights to or enrollment in group health care

21 coverage); and

22 ‘‘(3) information on the type, status, location,

23 and amount of any assets of, or debts owed by or

24 to, any such individual.’’;

25 (2) in subsection (b)—
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•S 456 IS

1 (A) in the matter preceding paragraph (1),

2 by striking ‘‘social security’’ and all that follows

3 through ‘‘absent parent’’ and inserting ‘‘infor4 mation specified in subsection (a)’’; and

5 (B) in paragraph (2), by inserting before

6 the period ‘‘, or from any consumer reporting

7 agency (as defined in section 603(f) of the Fair

8 Credit Reporting Act (15 U.S.C. 1681a(f))’’;

9 and

10 (3) in subsection (e)(1), by inserting before the

11 period ‘‘, or by consumer reporting agencies’’.

12 (b) REIMBURSEMENT FOR DATA FROM FEDERAL

13 AGENCIES.—Section 453(e)(2) (42 U.S.C. 653(e)(2)) is

14 amended in the fourth sentence by inserting before the

15 period ‘‘in an amount which the Secretary determines to

16 be reasonable payment for the data exchange (which

17 amount shall not include payment for the costs of obtain18 ing, compiling, or maintaining the data)’’.

19 (c) ACCESS TO CONSUMER REPORTS UNDER FAIR

20 CREDIT REPORTING ACT.—

21 (1) IN GENERAL.—Section 608 of the Fair

22 Credit Reporting Act (15 U.S.C. 1681f) is amend23 ed—

24 (A) by striking ‘‘, limited to’’ and inserting

25 ‘‘to a governmental agency (including the entire
59

•S 456 IS

1 consumer report, in the case of a Federal,

2 State, or local agency administering a program

3 under part D of title IV of the Social Security

4 Act, and limited to’’; and

5 (B) by striking ‘‘employment, to a govern6 mental agency’’ and inserting ‘‘employment, in

7 the case of any other governmental agency)’’.

8 (2) REIMBURSEMENT FOR REPORTS BY STATE

9 AGENCIES AND CREDIT BUREAUS.—Section 453 (42

10 U.S.C. 653) is amended by adding at the end the

11 following new subsection:

12 ‘‘(g) The Secretary is authorized to reimburse to

13 State agencies and consumer credit reporting agencies the

14 costs incurred by such entities in furnishing information

15 requested by the Secretary pursuant to this section in an

16 amount which the Secretary determines to be reasonable

17 payment for the data exchange (which amount shall not

18 include payment for the costs of obtaining, compiling, or

19 maintaining the data).’’.

20 (d) DISCLOSURE OF TAX RETURN INFORMATION.—

21 (1) BY THE SECRETARY OF THE TREASURY.—

22 Section 6103(l)(6)(A)(ii) of the Internal Revenue

23 Code of 1986 (relating to disclosure of return infor24 mation to Federal, State, and local child support en-
60

•S 456 IS

1 forcement agencies) is amended by striking ‘‘, but

2 only if’’ and all that follows to the period.

3 (2) BY THE SOCIAL SECURITY ADMINISTRA4 TION.—Section 6103(l)(8) of the Internal Revenue

5 Code of 1986 (relating to disclosure of certain re6 turn information by Social Security Administration

7 to State and local child support enforcement agen8 cies) is amended—

9 (A) in subparagraph (A), by striking

10 ‘‘State or local’’ and inserting ‘‘Federal, State,

11 or local’’; and

12 (B) in subparagraph (C), by inserting ‘‘(in13 cluding any entity under contract with such

14 agency)’’ after ‘‘thereof’’.

15 (e) TECHNICAL AMENDMENTS.—

16 (1) Sections 452(a)(9), 453(a), 453(b), 463(a),

17 and 463(e) (42 U.S.C. 652(a)(9), 653(a), 653(b),

18 663(a), and 663(e)) are each amended by inserting

19 ‘‘Federal’’ before ‘‘Parent’’ each place it appears.

20 (2) Section 453 (42 U.S.C. 653) is amended in

21 the heading by inserting ‘‘FEDERAL’’ before ‘‘PAR22 ENT’’.

23 (f) NEW COMPONENTS.—Section 453 (42 U.S.C.

24 653), as amended by subsection (c)(2), is amended by add25 ing at the end the following new subsections:
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•S 456 IS

1 ‘‘(h) DATA BANK OF CHILD SUPPORT ORDERS.—

2 ‘‘(1) IN GENERAL.—Not later than October 1,

3 1998, in order to assist States in administering their

4 State plans under this part and parts A, F, and G,

5 and for the other purposes specified in this section,

6 the Secretary shall establish and maintain in the

7 Federal Parent Locator Service an automated reg8 istry to be known as the Data Bank of Child Sup9 port Orders, which shall contain abstracts of child

10 support orders and other information described in

11 paragraph (2) on each case in each State central

12 case registry maintained pursuant to section

13 454A(e), as furnished (and regularly updated), pur14 suant to section 454A(f), by State agencies admin15 istering programs under this part.

16 ‘‘(2) CASE INFORMATION.—The information re17 ferred to in paragraph (1), as specified by the Sec18 retary, shall include sufficient information (including

19 names, social security numbers or other uniform

20 identification numbers, and State case identification

21 numbers) to identify the individuals who owe or are

22 owed support (or with respect to or on behalf of

23 whom support obligations are sought to be estab24 lished), and the State or States which have estab-
62

•S 456 IS

1 lished or modified, or are enforcing or seeking to es2 tablish, such an order.

3 ‘‘(i) DIRECTORY OF NEW HIRES.—

4 ‘‘(1) IN GENERAL.—Not later than October 1,

5 1998, in order to assist States in administering their

6 State plans under this part and parts A, F, and G,

7 and for the other purposes specified in this section,

8 the Secretary shall establish and maintain in the

9 Federal Parent Locator Service an automated direc10 tory to be known as the directory of New Hires, con11 taining—

12 ‘‘(A) information supplied by employers on

13 each newly hired individual, in accordance with

14 paragraph (2); and

15 ‘‘(B) information supplied by State agen16 cies administering State unemployment com17 pensation laws, in accordance with paragraph

18 (3).

19 ‘‘(2) EMPLOYER INFORMATION.—

20 ‘‘(A) INFORMATION REQUIRED.—Subject

21 to subparagraph (D), each employer shall fur22 nish to the Secretary, for inclusion in the direc23 tory under this subsection, not later than 10

24 days after the date (on or after October 1,

25 1998) on which the employer hires a new em-
63

•S 456 IS

1 ployee (as defined in subparagraph (C)), a re2 port containing the name, date of birth, and so3 cial security number of such employee, and the

4 employer identification number of the employer.

5 ‘‘(B) REPORTING METHOD AND FOR6 MAT.—The Secretary shall provide for trans7 mission of the reports required under subpara8 graph (A) using formats and methods which

9 minimize the burden on employers, which shall

10 include—

11 ‘‘(i) automated or electronic trans12 mission of such reports;

13 ‘‘(ii) transmission by regular mail;

14 and

15 ‘‘(iii) transmission of a copy of the

16 form required for purposes of compliance

17 with section 3402 of the Internal Revenue

18 Code of 1986.

19 ‘‘(C) EMPLOYEE DEFINED.—For purposes

20 of this paragraph, the term ‘employee’ means

21 any individual subject to the requirement of

22 section 3402(f)(2) of the Internal Revenue Code

23 of 1986.

24 ‘‘(D) PAPERWORK REDUCTION REQUIRE25 MENT.—As required by the information re-
64

•S 456 IS

1 sources management policies published by the

2 Director of the Office of Management and

3 Budget pursuant to section 3504(b)(1) of title

4 44, United States Code, the Secretary, in order

5 to minimize the cost and reporting burden on

6 employers, shall not require reporting pursuant

7 to this paragraph if an alternative reporting

8 mechanism can be developed that either relies

9 on existing Federal or State reporting or en10 ables the Secretary to collect the needed infor11 mation in a more cost-effective and equally ex12 peditious manner, taking into account the re13 porting costs on employers.

14 ‘‘(E) CIVIL MONEY PENALTY ON NON15 COMPLYING EMPLOYERS.—

16 ‘‘(i) IN GENERAL.—Any employer that

17 fails to make a timely report in accordance

18 with this paragraph with respect to an in19 dividual shall be subject to a civil money

20 penalty, for each calendar year in which

21 the failure occurs, of the lesser of $500 or

22 1 percent of the wages or other compensa23 tion paid by such employer to such individ24 ual during such calendar year.
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1 ‘‘(ii) APPLICATION OF SECTION

2 1128A.—Subject to clause (iii), the provi3 sions of section 1128A (other than sub4 sections (a) and (b) thereof) shall apply to

5 a civil money penalty under clause (i) in

6 the same manner as they apply to a civil

7 money penalty or proceeding under section

8 1128A(a).

9 ‘‘(iii) COSTS TO SECRETARY.—Any

10 employer with respect to whom a penalty

11 under this subparagraph is upheld after an

12 administrative hearing shall be liable to

13 pay all costs of the Secretary with respect

14 to such hearing.

15 ‘‘(3) EMPLOYMENT SECURITY INFORMATION.—

16 ‘‘(A) REPORTING REQUIREMENT.—Each

17 State agency administering a State unemploy18 ment compensation law approved by the Sec19 retary of Labor under the Federal Unemploy20 ment Tax Act shall furnish to the Secretary ex21 tracts of the reports to the Secretary of Labor

22 concerning the wages and unemployment com23 pensation paid to individuals required under

24 section 303(a)(6), in accordance with subpara25 graph (B).
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•S 456 IS

1 ‘‘(B) MANNER OF COMPLIANCE.—The ex2 tracts required under subparagraph (A) shall be

3 furnished to the Secretary on a quarterly basis,

4 with respect to calendar quarters beginning on

5 and after October 1, 1996, by such dates, in

6 such format, and containing such information

7 as required by that Secretary in regulations.

8 ‘‘(j) DATA MATCHES AND OTHER DISCLOSURES.—

9 ‘‘(1) VERIFICATION BY SOCIAL SECURITY AD10 MINISTRATION.—

11 ‘‘(A) TRANSMISSION OF DATA.—The Sec12 retary shall transmit data on individuals and

13 employers in the registries maintained under

14 this section to the Social Security Administra15 tion to the extent necessary for verification in

16 accordance with subparagraph (B).

17 ‘‘(B) VERIFICATION.—The Commissioner of So18 cial Security shall verify the accuracy of, correct or

19 supply to the extent necessary and feasible, and re20 port to the Secretary, the following information in

21 data supplied by the Secretary pursuant to subpara22 graph (A):

23 ‘‘(i) the name, social security number, and

24 birth date of each individual; and
67

•S 456 IS

1 ‘‘(ii) the employer identification number of

2 each employer.

3 ‘‘(2) CHILD SUPPORT LOCATOR MATCHES.—For

4 the purpose of locating individuals for purposes of

5 paternity establishment and establishment and en6 forcement of child support, the Secretary shall—

7 ‘‘(A) match data in the directory of New

8 Hires against the child support order abstracts

9 in the Data Bank of Child Support Orders not

10 less than every 2 working days; and

11 ‘‘(B) report information obtained from a

12 match established under subparagraph (A) to

13 concerned State agencies operating programs

14 under this part not later than 2 working days

15 after such match.

16 ‘‘(3) DATA MATCHES AND DISCLOSURES OF

17 DATA IN ALL REGISTRIES FOR TITLE IV PROGRAM

18 PURPOSES.—The Secretary shall—

19 ‘‘(A) perform matches of data in each com20 ponent of the Federal Parent Locator Service

21 maintained under this section against data in

22 each other such component (other than the

23 matches required pursuant to paragraph (1)),

24 and report information resulting from such
68

•S 456 IS

1 matches to State agencies operating programs

2 under this part and parts A, F, and G; and

3 ‘‘(B) disclose data in such registries to

4 such State agencies,

5 to the extent, and with the frequency, that the Sec6 retary determines to be effective in assisting such

7 States to carry out their responsibilities under such

8 programs.

9 ‘‘(k) FEES.—

10 ‘‘(1) FOR SSA VERIFICATION.—The Secretary

11 shall reimburse the Commissioner of Social Security,

12 at a rate negotiated between the Secretary and the

13 Commissioner, the costs incurred by the Commis14 sioner in performing the verification services speci15 fied in subsection (j).

16 ‘‘(2) FOR INFORMATION FROM SESAS.—The

17 Secretary shall reimburse costs incurred by State

18 employment security agencies in furnishing data as

19 required by subsection (i)(3), at rates which the Sec20 retary determines to be reasonable (which rates shall

21 not include payment for the costs of obtaining, com22 piling, or maintaining such data).

23 ‘‘(3) FOR INFORMATION FURNISHED TO STATE

24 AND FEDERAL AGENCIES.—State and Federal agen25 cies receiving data or information from the Secretary
69

•S 456 IS

1 pursuant to this section shall reimburse the costs in2 curred by the Secretary in furnishing such data or

3 information, at rates which the Secretary determines

4 to be reasonable (which rates shall include payment

5 for the costs of obtaining, verifying, maintaining,

6 and matching such data or information).

7 ‘‘(l) RESTRICTION ON DISCLOSURE AND USE.—Data

8 in the Federal Parent Locator Service, and information

9 resulting from matches using such data, shall not be used

10 or disclosed except as specifically provided in this section.

11 ‘‘(m) RETENTION OF DATA.—Data in the Federal

12 Parent Locator Service, and data resulting from matches

13 performed pursuant to this section, shall be retained for

14 such period (determined by the Secretary) as appropriate

15 for the data uses specified in this section.

16 ‘‘(n) INFORMATION INTEGRITY AND SECURITY.—The

17 Secretary shall establish and implement safeguards with

18 respect to the entities established under this section de19 signed to—

20 ‘‘(1) ensure the accuracy and completeness of

21 information in the Federal Parent Locator Service;

22 and

23 ‘‘(2) restrict access to confidential information

24 in the Federal Parent Locator Service to authorized
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•S 456 IS

1 persons, and restrict use of such information to au2 thorized purposes.

3 ‘‘(o) LIMIT ON LIABILITY.—The Secretary shall not

4 be liable to either a State or an individual for inaccurate

5 information provided to a component of the Federal Par6 ent Locator Service and disclosed by the Secretary in ac7 cordance with this section.’’.

8 (g) CONFORMING AMENDMENTS.—

9 (1) TO PART D OF TITLE IV OF THE SOCIAL SE10 CURITY ACT.—Section 454(8)(B) (42 U.S.C.

11 654(8)(B)) is amended to read as follows:

12 ‘‘(B) the Federal Parent Locator Service

13 established under section 453;’’.

14 (2) TO FEDERAL UNEMPLOYMENT TAX ACT.—

15 Section 3304(16) of the Internal Revenue Code of

16 1986 (relating to approval of State laws) is amend17 ed—

18 (A) by striking ‘‘Secretary of Health, Edu19 cation, and Welfare’’ each place it appears and

20 inserting ‘‘Secretary of Health and Human

21 Services’’;

22 (B) in subparagraph (B), by striking

23 ‘‘such information’’ and all that follows through

24 the semicolon and inserting ‘‘information fur25 nished under subparagraph (A) or (B) is used
71

•S 456 IS

1 only for the purposes authorized under such

2 subparagraph;’’;

3 (C) by striking ‘‘and’’ at the end of sub4 paragraph (A);

5 (D) by redesignating subparagraph (B) as

6 subparagraph (C); and

7 (E) by inserting after subparagraph (A)

8 the following new subparagraph:

9 ‘‘(B) wage and unemployment compensa10 tion information contained in the records of

11 such agency shall be furnished to the Secretary

12 of Health and Human Services (in accordance

13 with regulations promulgated by such Sec14 retary) as necessary for the purposes of the di15 rectory of New Hires established under section

16 453(i) of the Social Security Act, and’’.

17 (3) TO STATE GRANT PROGRAM UNDER TITLE

18 III OF THE SOCIAL SECURITY ACT.—Section 303(a)

19 (42 U.S.C. 503(a)) is amended—

20 (A) by striking ‘‘and’’ at the end of para21 graph (8);

22 (B) by striking the period at the end of

23 paragraph (9) and inserting ‘‘; and’’; and

24 (C) by adding after paragraph (9) the fol25 lowing new paragraph:
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•S 456 IS

1 ‘‘(10) The making of quarterly electronic re2 ports, at such dates, in such format, and containing

3 such information, as required by the Secretary under

4 section 453(i)(3), and compliance with such provi5 sions as such Secretary may find necessary to en6 sure the correctness and verification of such re7 ports.’’.

8 SEC. 126. USE OF SOCIAL SECURITY NUMBERS.

9 (a) STATE LAW REQUIREMENT.—Section 466(a) (42

10 U.S.C. 666(a)), as amended by section 101(a), is amended

11 by adding at the end the following new paragraph:

12 ‘‘(13) Procedures requiring the recording of so13 cial security numbers—

14 ‘‘(A) of both parties on marriage licenses

15 and divorce decrees;

16 ‘‘(B) of both parents, on birth records and

17 child support and paternity orders; and

18 ‘‘(C) on all applications for motor vehicle

19 licenses and professional licenses.’’.

20 (b) CLARIFICATION OF FEDERAL POLICY.—Section

21 205(c)(2)(C)(ii) (42 U.S.C. 405(c)(2)(C)(ii)) is amended

22 by striking the third sentence and inserting ‘‘This clause

23 shall not be considered to authorize disclosure of such

24 numbers except as provided in the preceding sentence.’’.
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1 Subtitle D—Streamlining and

2 Uniformity of Procedures

3 SEC. 131. ADOPTION OF UNIFORM STATE LAWS.

4 Section 466(a) (42 U.S.C. 666(a)), as amended by

5 sections 101(a) and 126(a), is amended by adding at the

6 end the following new paragraph:

7 ‘‘(14)(A) Procedures under which the State

8 adopts in its entirety (with the modifications and ad9 ditions specified in this paragraph) not later than

10 January 1, 1997, and uses on and after such date,

11 the Uniform Interstate Family Support Act, as ap12 proved by the National Conference of Commissioners

13 on Uniform State Laws in August 1992.

14 ‘‘(B) The State law adopted pursuant to sub15 paragraph (A) shall be applied to any case—

16 ‘‘(i) involving an order established or modi17 fied in one State and for which a subsequent

18 modification is sought in another State; or

19 ‘‘(ii) in which interstate activity is required

20 to enforce an order.

21 ‘‘(C) The State law adopted pursuant to sub22 paragraph (A) of this paragraph shall contain the

23 following provision in lieu of section 611(a)(1) of the

24 Uniform Interstate Family Support Act described in

25 such subparagraph (A):
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•S 456 IS

1 ‘‘ ‘(1) the following requirements are met:

2 ‘‘ ‘(i) the child, the individual obligee, and

3 the obligor—

4 ‘‘ ‘(I) do not reside in the issuing

5 State; and

6 ‘‘ ‘(II) either reside in this State or

7 are subject to the jurisdiction of this State

8 pursuant to section 201; and

9 ‘‘ ‘(ii) in any case where another State is

10 exercising or seeks to exercise jurisdiction to

11 modify the order, the conditions of section 204

12 are met to the same extent as required for pro13 ceedings to establish orders; or’.

14 ‘‘(D) The State law adopted pursuant to sub15 paragraph (A) shall recognize as valid, for purposes

16 of any proceeding subject to such State law, service

17 of process upon persons in the State (and proof of

18 such service) by any means acceptable in another

19 State which is the initiating or responding State in

20 such proceeding.’’.

21 SEC. 132. IMPROVEMENTS TO FULL FAITH AND CREDIT

22 FOR CHILD SUPPORT ORDERS.

23 Section 1738B of title 28, United States Code, is

24 amended—
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•S 456 IS

1 (1) in subsection (a)(2), by striking ‘‘subsection

2 (e)’’ and inserting ‘‘subsections (e), (f), and (i)’’;

3 (2) in subsection (b), by inserting after the first

4 undesignated paragraph the following:

5 ‘‘ ‘child’s home State’ means the State in which

6 a child lived with a parent or a person acting as par7 ent for at least 6 consecutive months immediately

8 preceding the time of filing of a petition or com9 parable pleading for support and, if a child is less

10 than 6 months old, the State in which the child lived

11 from birth with any of them. A period of temporary

12 absence of any of them is counted as part of the 6-

13 month period.’’;

14 (3) in subsection (c), by inserting ‘‘by a court

15 of a State’’ before ‘‘is made’’;

16 (4) in subsection (c)(1), by inserting ‘‘and sub17 sections (e), (f), and (g)’’ after ‘‘located’’;

18 (5) in subsection (d)—

19 (A) by inserting ‘‘individual’’ before ‘‘con20 testant’’; and

21 (B) by striking ‘‘subsection (e)’’ and in22 serting ‘‘subsections (e) and (f)’’;

23 (6) in subsection (e), by striking ‘‘make a modi24 fication of a child support order with respect to a
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1 child that is made’’ and inserting ‘‘modify a child

2 support order issued’’;

3 (7) in subsection (e)(1), by inserting ‘‘pursuant

4 to subsection (i)’’ before the semicolon;

5 (8) in subsection (e)(2)—

6 (A) by inserting ‘‘individual’’ before ‘‘con7 testant’’ each place such term appears; and

8 (B) by striking ‘‘to that court’s making the

9 modification and assuming’’ and inserting ‘‘with

10 the State of continuing, exclusive jurisdiction

11 for a court of another State to modify the order

12 and assume’’;

13 (9) by redesignating subsections (f) and (g) as

14 subsections (g) and (h), respectively;

15 (10) by inserting after subsection (e) the follow16 ing new subsection:

17 ‘‘(f) RECOGNITION OF CHILD SUPPORT ORDERS.—

18 If 1 or more child support orders have been issued in this

19 or another State with regard to an obligor and a child,

20 a court shall apply the following rules in determining

21 which order to recognize for purposes of continuing, exclu22 sive jurisdiction and enforcement:

23 ‘‘(1) If only 1 court has issued a child support

24 order, the order of that court must be recognized.
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1 ‘‘(2) If 2 or more courts have issued child sup2 port orders for the same obligor and child, and only

3 1 of the courts would have continuing, exclusive ju4 risdiction under this section, the order of that court

5 must be recognized.

6 ‘‘(3) If 2 or more courts have issued child sup7 port orders for the same obligor and child, and only

8 1 of the courts would have continuing, exclusive ju9 risdiction under this section, an order issued by a

10 court in the current home State of the child must

11 be recognized, but if an order has not been issued

12 in the current home State of the child, the order

13 most recently issued must be recognized.

14 ‘‘(4) If 2 or more courts have issued child sup15 port orders for the same obligor and child, and none

16 of the courts would have continuing, exclusive juris17 diction under this section, a court may issue a child

18 support order, which must be recognized.

19 ‘‘(5) The court that has issued an order recog20 nized under this subsection is the court having con21 tinuing, exclusive jurisdiction.’’;

22 (11) in subsection (g) (as so redesignated)—

23 (A) by striking ‘‘PRIOR’’ and inserting

24 ‘‘MODIFIED’’; and
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1 (B) by striking ‘‘subsection (e)’’ and in2 serting ‘‘subsections (e) and (f)’’;

3 (12) in subsection (h) (as so redesignated)—

4 (A) in paragraph (2), by inserting ‘‘includ5 ing the duration of current payments and other

6 obligations of support’’ before the comma; and

7 (B) in paragraph (3), by inserting ‘‘arrears

8 under’’ after ‘‘enforce’’; and

9 (13) by adding at the end the following new

10 subsection:

11 ‘‘(i) REGISTRATION FOR MODIFICATION.—If there is

12 no individual contestant or child residing in the issuing

13 State, the party or support enforcement agency seeking

14 to modify, or to modify and enforce, a child support order

15 issued in another State shall register that order in a State

16 with jurisdiction over the nonmovant for the purpose of

17 modification.’’.

18 SEC. 133. STATE LAWS PROVIDING EXPEDITED PROCE19 DURES.

20 (a) STATE LAW REQUIREMENTS.—Section 466 (42

21 U.S.C. 666), as amended by section 123(b), is amended—

22 (1) in subsection (a)(2), in the first sentence, to

23 read as follows: ‘‘Expedited administrative and judi24 cial procedures (including the procedures specified in

25 subsection (c)) for establishing paternity and for es-
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1 tablishing, modifying, and enforcing support obliga2 tions.’’; and

3 (2) by adding after subsection (b) the following

4 new subsection:

5 ‘‘(c) The procedures specified in this subsection are

6 the following:

7 ‘‘(1) Procedures which give the State agency

8 the authority (and recognize and enforce the author9 ity of State agencies of other States), without the

10 necessity of obtaining an order from any other judi11 cial or administrative tribunal (but subject to due

12 process safeguards, including (as appropriate) re13 quirements for notice, opportunity to contest the ac14 tion, and opportunity for an appeal on the record to

15 an independent administrative or judicial tribunal),

16 to take the following actions relating to establish17 ment or enforcement of orders:

18 ‘‘(A) To order genetic testing for the pur19 pose of paternity establishment as provided in

20 section 466(a)(5).

21 ‘‘(B) To enter a default order, upon a

22 showing of service of process and any additional

23 showing required by State law—
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1 ‘‘(i) establishing paternity, in the case

2 of any putative father who refuses to sub3 mit to genetic testing; and

4 ‘‘(ii) establishing or modifying a sup5 port obligation, in the case of a parent (or

6 other obligor or obligee) who fails to re7 spond to notice to appear at a proceeding

8 for such purpose.

9 ‘‘(C) To subpoena any financial or other

10 information needed to establish, modify, or en11 force an order, and to sanction failure to re12 spond to any such subpoena.

13 ‘‘(D) To require all entities in the State

14 (including for-profit, nonprofit, and govern15 mental employers) to provide promptly, in re16 sponse to a request by the State agency of that

17 or any other State administering a program

18 under this part, information on the employ19 ment, compensation, and benefits of any indi20 vidual employed by such entity as an employee

21 or contractor, and to sanction failure to respond

22 to any such request.

23 ‘‘(E) To obtain access, subject to safe24 guards on privacy and information security, to

25 the following records (including automated ac-
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1 cess, in the case of records maintained in auto2 mated data bases):

3 ‘‘(i) Records of other State and local

4 government agencies, including—

5 ‘‘(I) vital statistics (including

6 records of marriage, birth, and di7 vorce);

8 ‘‘(II) State and local tax and rev9 enue records (including information

10 on residence address, employer, in11 come and assets);

12 ‘‘(III) records concerning real

13 and titled personal property;

14 ‘‘(IV) records of occupational and

15 professional licenses, and records con16 cerning the ownership and control of

17 corporations, partnerships, and other

18 business entities;

19 ‘‘(V) employment security

20 records;

21 ‘‘(VI) records of agencies admin22 istering public assistance programs;

23 ‘‘(VII) records of the motor vehi24 cle department; and

25 ‘‘(VIII) corrections records.
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1 ‘‘(ii) Certain records held by private

2 entities, including—

3 ‘‘(I) customer records of public

4 utilities and cable television compa5 nies; and

6 ‘‘(II) information (including in7 formation on assets and liabilities) on

8 individuals who owe or are owed sup9 port (or against or with respect to

10 whom a support obligation is sought)

11 held by financial institutions (subject

12 to limitations on liability of such enti13 ties arising from affording such ac14 cess).

15 ‘‘(F) To order income withholding in ac16 cordance with subsection (a)(1) and (b) of sec17 tion 466.

18 ‘‘(G) In cases where support is subject to

19 an assignment under section 402(a)(26),

20 471(a)(17), or 1912, or to a requirement to pay

21 through the centralized collections unit under

22 section 454B) upon providing notice to obligor

23 and obligee, to direct the obligor or other payor

24 to change the payee to the appropriate govern25 ment entity.
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1 ‘‘(H) For the purpose of securing overdue

2 support—

3 ‘‘(i) to intercept and seize any peri4 odic or lump-sum payment to the obligor

5 by or through a State or local government

6 agency, including—

7 ‘‘(I) unemployment compensa8 tion, workers’ compensation, and

9 other benefits;

10 ‘‘(II) judgments and settlements

11 in cases under the jurisdiction of the

12 State or local government; and

13 ‘‘(III) lottery winnings;

14 ‘‘(ii) to attach and seize assets of the

15 obligor held by financial institutions;

16 ‘‘(iii) to attach public and private re17 tirement funds in appropriate cases, as de18 termined by the Secretary; and

19 ‘‘(iv) to impose liens in accordance

20 with paragraph (a)(4) and, in appropriate

21 cases, to force sale of property and dis22 tribution of proceeds.

23 ‘‘(I) For the purpose of securing overdue

24 support, to increase the amount of monthly

25 support payments to include amounts for ar-
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1 rearages (subject to such conditions or restric2 tions as the State may provide).

3 ‘‘(J) To suspend drivers’ licenses of indi4 viduals owing past-due support, in accordance

5 with subsection (a)(16).

6 ‘‘(2) The expedited procedures required under

7 subsection (a)(2) shall include the following rules

8 and authority, applicable with respect to all proceed9 ings to establish paternity or to establish, modify, or

10 enforce support orders:

11 ‘‘(A) Procedures under which—

12 ‘‘(i) the parties to any paternity or

13 child support proceedings are required

14 (subject to privacy safeguards) to file with

15 the tribunal before entry of an order, and

16 to update as appropriate, information on

17 location and identity (including social secu18 rity number, residential and mailing ad19 dresses, telephone number, driver’s license

20 number, and name, address, and telephone

21 number of employer); and

22 ‘‘(ii) in any subsequent child support

23 enforcement action between the same par24 ties, the tribunal shall be authorized, upon

25 sufficient showing that diligent effort has
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1 been made to ascertain such party’s cur2 rent location, to deem due process require3 ments for notice and service of process to

4 be met, with respect to such party, by de5 livery to the most recent residential or em6 ployer address so filed pursuant to clause

7 (i).

8 ‘‘(B) Procedures under which—

9 ‘‘(i) the State agency and any admin10 istrative or judicial tribunal with authority

11 to hear child support and paternity cases

12 exerts statewide jurisdiction over the par13 ties, and orders issued in such cases have

14 statewide effect; and

15 ‘‘(ii) in the case of a State in which

16 orders in such cases are issued by local ju17 risdictions, a case may be transferred be18 tween jurisdictions in the State without

19 need for any additional filing by the peti20 tioner, or service of process upon the re21 spondent, to retain jurisdiction over the

22 parties.’’.

23 (c) EXCEPTIONS FROM STATE LAW REQUIRE24 MENTS.—Section 466(d) (42 U.S.C. 666(d)) is amend25 ed—
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1 (1) by striking ‘‘(d) If’’ and inserting ‘‘(d)(1)

2 Subject to paragraph (2), if’’; and

3 (2) by adding at the end the following new

4 paragraph:

5 ‘‘(2) The Secretary shall not grant an exemption

6 from the requirements of—

7 ‘‘(A) subsection (a)(5) (concerning procedures

8 for paternity establishment);

9 ‘‘(B) subsection (a)(10) (concerning modifica10 tion of orders);

11 ‘‘(C) subsection (a)(12) (concerning recording

12 of orders in the central State case registry);

13 ‘‘(D) subsection (a)(13) (concerning recording

14 of social security numbers);

15 ‘‘(E) subsection (a)(14) (concerning interstate

16 enforcement); or

17 ‘‘(F) subsection (c) (concerning expedited pro18 cedures), other than paragraph (1)(A) thereof (con19 cerning establishment or modification of support

20 amount).’’.

21 (c) AUTOMATION OF STATE AGENCY FUNCTIONS.—

22 Section 454A, as added by section 115(a)(2) and as

23 amended by sections 121 and 122(c), is amended by add24 ing at the end the following new subsection:
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1 ‘‘(h) EXPEDITED ADMINISTRATIVE PROCEDURES.—

2 The automated system required under this section shall

3 be used, to the maximum extent feasible, to implement any

4 expedited administrative procedures required under sec5 tion 466(c).’’.

6 Subtitle E—Paternity

7 Establishment

8 SEC. 141. STATE LAWS CONCERNING PATERNITY ESTAB9 LISHMENT.

10 (a) STATE LAWS REQUIRED.—Section 466(a)(5) (42

11 U.S.C. 666(a)(5)) is amended—

12 (1) in subparagraph (B)—

13 (A) by striking ‘‘(B)’’ and inserting

14 ‘‘(B)(i)’’;

15 (B) in clause (i), as redesignated, by in16 serting before the period ‘‘, where such request

17 is supported by a sworn statement—

18 ‘‘(I) by such party alleging paternity setting

19 forth facts establishing a reasonable possibility of

20 the requisite sexual contact of the parties; or

21 ‘‘(II) by such party denying paternity setting

22 forth facts establishing a reasonable possibility of

23 the nonexistence of sexual contact of the parties;’’;

24 and
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1 (C) by inserting after clause (i) (as redes2 ignated) the following new clause:

3 ‘‘(ii) Procedures which require the State agen4 cy, in any case in which such agency orders genetic

5 testing—

6 ‘‘(I) to pay the costs of such tests, subject

7 to recoupment (where the State so elects) from

8 the putative father if paternity is established;

9 and

10 ‘‘(II) to obtain additional testing in any

11 case where an original test result is disputed,

12 upon request and advance payment by the dis13 puting party.’’;

14 (2) by striking subparagraphs (C), (D), (E),

15 and (F) and inserting the following:

16 ‘‘(C)(i) Procedures for a simple civil process for

17 voluntarily acknowledging paternity under which the

18 State must provide that, before a mother and a pu19 tative father can sign an acknowledgment of pater20 nity, the putative father and the mother must be

21 given notice, orally, in writing, and in a language

22 that each can understand, of the alternatives to, the

23 legal consequences of, and the rights (including, if 1

24 parent is a minor, any rights afforded due to minor-
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1 ity status) and responsibilities that arise from, sign2 ing the acknowledgment.

3 ‘‘(ii) Such procedures must include a hospital4 based program for the voluntary acknowledgment of

5 paternity focusing on the period immediately before

6 or after the birth of a child.

7 ‘‘(iii) Such procedures must require the State

8 agency responsible for maintaining birth records to

9 offer voluntary paternity establishment services.

10 ‘‘(iv) The Secretary shall prescribe regulations

11 governing voluntary paternity establishment services

12 offered by hospitals and birth record agencies. The

13 Secretary shall prescribe regulations specifying the

14 types of other entities that may offer voluntary pa15 ternity establishment services, and governing the

16 provision of such services, which shall include a re17 quirement that such an entity must use the same

18 notice provisions used by, the same materials used

19 by, provide the personnel providing such services

20 with the same training provided by, and evaluate the

21 provision of such services in the same manner as,

22 voluntary paternity establishment programs of hos23 pitals and birth record agencies.

24 ‘‘(D)(i) Procedures under which a signed ac25 knowledgment of paternity is considered a legal find-
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1 ing of paternity, subject to the right of any signa2 tory to rescind the acknowledgment within 60 days.

3 ‘‘(ii)(I) Procedures under which, after the 60-

4 day period referred to in clause (i), a signed ac5 knowledgment of paternity may be challenged in

6 court only on the basis of fraud, duress, or material

7 mistake of fact, with the burden of proof upon the

8 challenger, and under which the legal responsibilities

9 (including child support obligations) of any signatory

10 arising from the acknowledgment may not be sus11 pended during the challenge, except for good cause

12 shown.

13 ‘‘(II) Procedures under which, after the 60-day

14 period referred to in clause (i), a minor who signs

15 an acknowledgment of paternity other than in the

16 presence of a parent or court-appointed guardian ad

17 litem may rescind the acknowledgment in a judicial

18 or administrative proceeding, until the earlier of—

19 ‘‘(aa) attaining the age of majority; or

20 ‘‘(bb) the date of the first judicial or ad21 ministrative proceeding brought (after the sign22 ing) to establish a child support obligation, visi23 tation rights, or custody rights with respect to

24 the child whose paternity is the subject of the

25 acknowledgment, and at which the minor is rep-
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•S 456 IS

1 resented by a parent, guardian ad litem, or at2 torney.

3 ‘‘(E) Procedures under which no judicial or ad4 ministrative proceedings are required or permitted to

5 ratify an unchallenged acknowledgment of paternity.

6 ‘‘(F) Procedures requiring—

7 ‘‘(i) that the State admit into evidence, for

8 purposes of establishing paternity, results of

9 any genetic test that is—

10 ‘‘(I) of a type generally acknowledged,

11 by accreditation bodies designated by the

12 Secretary, as reliable evidence of paternity;

13 and

14 ‘‘(II) performed by a laboratory ap15 proved by such an accreditation body;

16 ‘‘(ii) that any objection to genetic testing

17 results must be made in writing not later than

18 a specified number of days before any hearing

19 at which such results may be introduced into

20 evidence (or, at State option, not later than a

21 specified number of days after receipt of such

22 results); and

23 ‘‘(iii) that, if no objection is made, the test

24 results are admissible as evidence of paternity
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1 without the need for foundation testimony or

2 other proof of authenticity or accuracy.’’; and

3 (3) by adding after subparagraph (H) the fol4 lowing new subparagraphs:

5 ‘‘(I) Procedures providing that the parties to an

6 action to establish paternity are not entitled to a

7 jury trial.

8 ‘‘(J) Procedures which require that a temporary

9 order be issued, upon motion by a party, requiring

10 the provision of child support pending an adminis11 trative or judicial determination of parentage, where

12 there is clear and convincing evidence of paternity

13 (on the basis of genetic tests or other evidence).

14 ‘‘(K) Procedures under which bills for preg15 nancy, childbirth, and genetic testing are admissible

16 as evidence without requiring third-party foundation

17 testimony, and shall constitute prima facie evidence

18 of amounts incurred for such services and testing on

19 behalf of the child.

20 ‘‘(L) At the option of the State, procedures

21 under which the tribunal establishing paternity and

22 support has discretion to waive rights to all or part

23 of amounts owed to the State (but not to the moth24 er) for costs related to pregnancy, childbirth, and

25 genetic testing and for public assistance paid to the
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1 family where the father cooperates or acknowledges

2 paternity before or after genetic testing.

3 ‘‘(M) Procedures ensuring that the putative fa4 ther has a reasonable opportunity to initiate a pater5 nity action.’’.

6 (b) NATIONAL PATERNITY ACKNOWLEDGMENT AFFI7 DAVIT.—Section 452(a)(7) (42 U.S.C. 652(a)(7)) is

8 amended by inserting ‘‘, and develop an affidavit to be

9 used for the voluntary acknowledgment of paternity which

10 shall include the social security number of each parent’’

11 before the semicolon.

12 (c) TECHNICAL AMENDMENT.—Section 468 (42

13 U.S.C. 668) is amended by striking ‘‘a simple civil process

14 for voluntarily acknowledging paternity and’’.

15 SEC. 142. OUTREACH FOR VOLUNTARY PATERNITY ESTAB16 LISHMENT.

17 (a) STATE PLAN REQUIREMENT.—Section 454(23)

18 (42 U.S.C. 654(23)) is amended—

19 (1) by striking ‘‘(23)’’ and inserting ‘‘(23)(A)’’;

20 (2) by inserting ‘‘and’’ after the semicolon; and

21 (3) by adding at the end the following new sub22 paragraph:

23 ‘‘(B) publicize the availability and encourage

24 the use of procedures for voluntary establishment of
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•S 456 IS

1 paternity and child support through a variety of

2 means, which—

3 ‘‘(i) include distribution of written mate4 rials at health care facilities (including hospitals

5 and clinics), and other locations such as

6 schools;

7 ‘‘(ii) may include pre-natal programs to

8 educate expectant couples on individual and

9 joint rights and responsibilities with respect to

10 paternity (and may require all expectant recipi11 ents of assistance under part A to participate in

12 such pre-natal programs, as an element of co13 operation with efforts to establish paternity and

14 child support);

15 ‘‘(iii) include, with respect to each child

16 discharged from a hospital after birth for whom

17 paternity or child support has not been estab18 lished, reasonable follow-up efforts, providing—

19 ‘‘(I) in the case of a child for whom

20 paternity has not been established, infor21 mation on the benefits of and procedures

22 for establishing paternity; and

23 ‘‘(II) in the case of a child for whom

24 paternity has been established but child

25 support has not been established, informa-
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•S 456 IS

1 tion on the benefits of and procedures for

2 establishing a child support order, and an

3 application for child support services;’’.

4 (b) ENHANCED FEDERAL MATCHING.—Section

5 455(a)(1)(C) (42 U.S.C. 655(a)(1)(C)) is amended—

6 (1) by inserting ‘‘(i)’’ before ‘‘laboratory costs’’,

7 and

8 (2) by inserting before the semicolon ‘‘, and (ii)

9 costs of outreach programs designed to encourage

10 voluntary acknowledgment of paternity’’.

11 (c) EFFECTIVE DATES.—

12 (1) IN GENERAL.—The amendments made by

13 subsection (a) shall become effective October 1,

14 1997.

15 (2) EXCEPTION.—The amendments made by

16 subsection (b) shall be effective with respect to cal17 endar quarters beginning on and after October 1,

18 1996.

19 Subtitle F—Establishment and

20 Modification of Support Orders

21 SEC. 151. NATIONAL CHILD SUPPORT GUIDELINES COMMIS22 SION.

23 (a) ESTABLISHMENT.—There is hereby established a

24 commission to be known as the ‘‘National Child Support
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•S 456 IS

1 Guidelines Commission’’ (in this section referred to as the

2 ‘‘Commission’’).

3 (b) GENERAL DUTIES.—

4 (1) IN GENERAL.—The Commission shall deter5 mine—

6 (A) whether it is appropriate to develop a

7 national child support guideline for consider8 ation by the Congress or for adoption by indi9 vidual States; or

10 (B) based on a study of various guideline

11 models, the benefits and deficiencies of such

12 models, and any needed improvements.

13 (2) DEVELOPMENT OF MODELS.—If the Com14 mission determines under paragraph (1)(A) that a

15 national child support guideline is needed or under

16 paragraph (1)(B) that improvements to guideline

17 models are needed, the Commission shall develop

18 such national guideline or improvements.

19 (c) MATTERS FOR CONSIDERATION BY THE COMMIS20 SION.—In making the recommendations concerning guide21 lines required under subsection (b), the Commission shall

22 consider—

23 (1) the adequacy of State child support guide24 lines established pursuant to section 467;
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1 (2) matters generally applicable to all support

2 orders, including—

3 (A) the feasibility of adopting uniform

4 terms in all child support orders;

5 (B) how to define income and under what

6 circumstances income should be imputed; and

7 (C) tax treatment of child support pay8 ments;

9 (3) the appropriate treatment of cases in which

10 either or both parents have financial obligations to

11 more than 1 family, including the effect (if any) to

12 be given to—

13 (A) the income of either parent’s spouse;

14 and

15 (B) the financial responsibilities of either

16 parent for other children or stepchildren;

17 (4) the appropriate treatment of expenses for

18 child care (including care of the children of either

19 parent, and work-related or job-training-related child

20 care);

21 (5) the appropriate treatment of expenses for

22 health care (including uninsured health care) and

23 other extraordinary expenses for children with spe24 cial needs;
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1 (6) the appropriate duration of support by 1 or

2 both parents, including

3 (A) support (including shared support) for

4 post-secondary or vocational education; and

5 (B) support for disabled adult children;

6 (7) procedures to automatically adjust child

7 support orders periodically to address changed eco8 nomic circumstances, including changes in the

9 consumer price index or either parent’s income and

10 expenses in particular cases;

11 (8) procedures to help non-custodial parents ad12 dress grievances regarding visitation and custody or13 ders to prevent such parents from withholding child

14 support payments until such grievances are resolved;

15 and

16 (9) whether, or to what extent, support levels

17 should be adjusted in cases in which custody is

18 shared or in which the noncustodial parent has ex19 tended visitation rights.

20 (d) MEMBERSHIP.—

21 (1) NUMBER; APPOINTMENT.—

22 (A) IN GENERAL.—The Commission shall

23 be composed of 12 individuals appointed jointly

24 by the Secretary of Health and Human Services
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1 and the Congress, not later than January 15,

2 1997, of which—

3 (i) 2 shall be appointed by the Chair4 man of the Committee on Finance of the

5 Senate, and 1 shall be appointed by the

6 ranking minority member of the Commit7 tee;

8 (ii) 2 shall be appointed by the Chair9 man of the Committee on Ways and Means

10 of the House of Representatives, and 1

11 shall be appointed by the ranking minority

12 member of the Committee; and

13 (iii) 6 shall be appointed by the Sec14 retary of Health and Human Services.

15 (B) QUALIFICATIONS OF MEMBERS.—

16 Members of the Commission shall have exper17 tise and experience in the evaluation and devel18 opment of child support guidelines. At least 1

19 member shall represent advocacy groups for

20 custodial parents, at least 1 member shall rep21 resent advocacy groups for noncustodial par22 ents, and at least 1 member shall be the direc23 tor of a State program under part D of title IV

24 of the Social Security Act.
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1 (2) TERMS OF OFFICE.—Each member shall be

2 appointed for a term of 2 years. A vacancy in the

3 Commission shall be filled in the manner in which

4 the original appointment was made.

5 (e) COMMISSION POWERS, COMPENSATION, ACCESS

6 TO INFORMATION, AND SUPERVISION.—The first sentence

7 of subparagraph (C), the first and third sentences of sub8 paragraph (D), subparagraph (F) (except with respect to

9 the conduct of medical studies), clauses (ii) and (iii) of

10 subparagraph (G), and subparagraph (H) of section

11 1886(e)(6) of the Social Security Act shall apply to the

12 Commission in the same manner in which such provisions

13 apply to the Prospective Payment Assessment Commis14 sion.

15 (f) REPORT.—Not later than 2 years after the ap16 pointment of members, the Commission shall submit to

17 the President, the Committee on Ways and Means of the

18 House of Representatives, and the Committee on Finance

19 of the Senate, a recommended national child support

20 guideline and a final assessment of issues relating to such

21 a proposed national child support guideline.

22 (g) TERMINATION.—The Commission shall terminate

23 6 months after the submission of the report described in

24 subsection (e).
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1 SEC. 152. SIMPLIFIED PROCESS FOR REVIEW AND ADJUST2 MENT OF CHILD SUPPORT ORDERS.

3 Section 466(a)(10) (42 U.S.C. 666(a)(10)) is amend4 ed to read as follows:

5 ‘‘(10)(A)(i) Procedures under which—

6 ‘‘(I) every 3 years, at the request of either

7 parent subject to a child support order, the

8 State shall review and, as appropriate, adjust

9 the order in accordance with the guidelines es10 tablished under section 467(a) if the amount of

11 the child support award under the order differs

12 from the amount that would be awarded in ac13 cordance with such guidelines, without a re14 quirement for any other change in cir15 cumstances; and

16 ‘‘(II) upon request at any time of either

17 parent subject to a child support order, the

18 State shall review and, as appropriate, adjust

19 the order in accordance with the guidelines es20 tablished under section 467(a) based on a sub21 stantial change in the circumstances of either

22 such parent.

23 ‘‘(ii) Such procedures shall require both parents

24 subject to a child support order to be notified of

25 their rights and responsibilities provided for under

26 clause (i) at the time the order is issued and in the
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1 annual information exchange form provided under

2 subparagraph (B).

3 ‘‘(B) Procedures under which each child sup4 port order issued or modified in the State after the

5 effective date of this subparagraph shall require the

6 parents subject to the order to provide each other

7 with a complete statement of their respective finan8 cial condition annually on a form which shall be pro9 vided by the State. The Secretary shall establish reg10 ulations for the enforcement of such exchange of in11 formation.’’.

12 Subtitle G—Enforcement of

13 Support Orders

14 SEC. 161. FEDERAL INCOME TAX REFUND OFFSET.

15 (a) CHANGED ORDER OF REFUND DISTRIBUTION

16 UNDER INTERNAL REVENUE CODE.—Section 6402(c) of

17 the Internal Revenue Code of 1986 (relating to offset of

18 past-due support against overpayments) is amended—

19 (1) by striking ‘‘The amount’’ and inserting

20 ‘‘(1) IN GENERAL.—The amount’’;

21 (2) by striking ‘‘paid to the State. A reduction’’

22 and inserting ‘‘paid to the State.

23 ‘‘(2) PRIORITIES FOR OFFSET.—A reduction’’;

24 (3) by striking ‘‘has been assigned’’ and insert25 ing ‘‘has not been assigned’’; and
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1 (4) by striking ‘‘and shall be applied’’ and all

2 that follows and inserting ‘‘and shall thereafter be

3 applied to satisfy any past-due support that has

4 been so assigned.’’.

5 (b) ELIMINATION OF DISPARITIES IN TREATMENT

6 OF ASSIGNED AND NON-ASSIGNED ARREARAGES.—

7 (1) IN GENERAL.—Section 464(a) (42 U.S.C.

8 664(a)) is amended—

9 (A) in paragraph (1)—

10 (i) in the first sentence, by striking

11 ‘‘which has been assigned to such State

12 pursuant to section 402(a)(26) or section

13 471(a)(17)’’; and

14 (ii) in the second sentence, by striking

15 ‘‘in accordance with section 457 (b)(4) or

16 (d)(3)’’ and inserting ‘‘as provided in para17 graph (2)’’;

18 (B) in paragraph (2), to read as follows:

19 ‘‘(2) The State agency shall distribute amounts

20 paid by the Secretary of the Treasury pursuant to

21 paragraph (1)—

22 ‘‘(A) in accordance with subsection (a)(4)

23 or (d)(3) of section 457, in the case of past-due

24 support assigned to a State pursuant to section

25 402(a)(26) or section 471(a)(17); and
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1 ‘‘(B) to or on behalf of the child to whom

2 the support was owed, in the case of past-due

3 support not so assigned.’’;

4 (C) in paragraph (3)—

5 (i) by striking ‘‘or (2)’’ each place it

6 appears; and

7 (ii) in subparagraph (B), by striking

8 ‘‘under paragraph (2)’’ and inserting ‘‘on

9 account of past-due support described in

10 paragraph (2)(B)’’.

11 (2) NOTICES OF PAST-DUE SUPPORT.—Section

12 464(b) (42 U.S.C. 664(b)) is amended—

13 (A) by striking ‘‘(b)(1)’’ and inserting

14 ‘‘(b)’’; and

15 (B) by striking paragraph (2).

16 (3) DEFINITION OF PAST-DUE SUPPORT.—Sec17 tion 464(c) (42 U.S.C. 664(c)) is amended—

18 (A) by striking ‘‘(c)(1) Except as provided

19 in paragraph (2), as’’ and inserting ‘‘(c) As’’;

20 and

21 (B) by striking paragraphs (2) and (3).

22 (c) TREATMENT OF LUMP-SUM TAX REFUND

23 UNDER AFDC.—

24 (1) EXEMPTION FROM LUMP-SUM RULE.—Sec25 tion 402(a)(17) (42 U.S.C. 602(a)(17)) is amended
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1 by inserting before the semicolon at the end the fol2 lowing: ‘‘, but this paragraph shall not apply to in3 come received by a family that is attributable to a

4 child support obligation owed with respect to a mem5 ber of the family and that is paid to the family from

6 amounts withheld from a Federal income tax refund

7 otherwise payable to the person owing such obliga8 tion, to the extent that such income is placed in a

9 qualified asset account (as defined in section 406(j))

10 the total amounts in which, after such placement,

11 does not exceed $10,000’’.

12 (2) QUALIFIED ASSET ACCOUNT DEFINED.—

13 Section 406 (42 U.S.C. 606), as amended by section

14 102(g)(2), is amended by adding at the end the fol15 lowing new subsection:

16 ‘‘(j)(1) The term ‘qualified asset account’ means a

17 mechanism approved by the State (such as individual re18 tirement accounts, escrow accounts, or savings bonds) that

19 allows savings of a family receiving aid to families with

20 dependent children to be used for qualified distributions.

21 ‘‘(2) The term ‘qualified distribution’ means a dis22 tribution from a qualified asset account for expenses di23 rectly related to 1 or more of the following purposes:

24 ‘‘(A) The attendance of a member of the family

25 at any education or training program.
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1 ‘‘(B) The improvement of the employability (in2 cluding self-employment) of a member of the family

3 (such as through the purchase of an automobile).

4 ‘‘(C) The purchase of a home for the family.

5 ‘‘(D) A change of the family residence.’’.

6 (d) EFFECTIVE DATE.—The amendments made by

7 this section shall become effective October 1, 1999.

8 SEC. 162. INTERNAL REVENUE SERVICE COLLECTION OF

9 ARREARAGES.

10 (a) AMENDMENT TO INTERNAL REVENUE CODE.—

11 Section 6305(a) of the Internal Revenue Code of 1986 (re12 lating to collection of certain liability) is amended—

13 (1) in paragraph (1), by inserting ‘‘except as

14 provided in paragraph (5)’’ after ‘‘collected’’;

15 (2) by striking ‘‘and’’ at the end of paragraph

16 (3);

17 (3) by striking the period at the end of para18 graph (4) and inserting ‘‘, and’’;

19 (4) by adding at the end the following new

20 paragraph:

21 ‘‘(5) no additional fee may be assessed for ad22 justments to an amount previously certified pursu23 ant to such section 452(b) with respect to the same

24 obligor.’’; and
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1 (5) by striking ‘‘Secretary of Health, Edu2 cation, and Welfare’’ each place it appears and in3 serting ‘‘Secretary of Health and Human Services’’.

4 (b) EFFECTIVE DATE.—The amendments made by

5 this section shall become effective October 1, 1997.

6 SEC. 163. AUTHORITY TO COLLECT SUPPORT FROM FED7 ERAL EMPLOYEES.

8 (a) CONSOLIDATION AND STREAMLINING OF AU9 THORITIES.—

10 (1) Section 459 (42 U.S.C. 659) is amended—

11 (1) in the heading, by inserting ‘‘INCOME WITH12 HOLDING,’’ before ‘‘GARNISHMENT’’;

13 (2) in subsection (a)—

14 (A) by striking ‘‘section 207’’ and insert15 ing ‘‘section 207 and section 5301 of title 38,

16 United States Code’’; and

17 (B) by striking ‘‘to legal process’’ and all

18 that follows through the period and inserting

19 ‘‘to withholding in accordance with State law

20 pursuant to subsections (a)(1) and (b) of sec21 tion 466 and regulations of the Secretary there22 under, and to any other legal process brought,

23 by a State agency administering a program

24 under this part or by an individual obligee, to
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1 enforce the legal obligation of such individual to

2 provide child support or alimony.’’;

3 (3) in subsection (b), to read as follows:

4 ‘‘(b) Except as otherwise provided herein, each entity

5 specified in subsection (a) shall be subject, with respect

6 to notice to withhold income pursuant to subsection (a)(1)

7 or (b) of section 466, or to any other order or process

8 to enforce support obligations against an individual (if

9 such order or process contains or is accompanied by suffi10 cient data to permit prompt identification of the individual

11 and the moneys involved), to the same requirements as

12 would apply if such entity were a private person.’’;

13 (4) by striking subsections (c) and (d) and in14 serting the following new subsections:

15 ‘‘(c)(1) The head of each agency subject to the re16 quirements of this section shall—

17 ‘‘(A) designate an agent or agents to receive or18 ders and accept service of process; and

19 ‘‘(B) publish—

20 ‘‘(i) in the appendix of such regulations;

21 ‘‘(ii) in each subsequent republication of

22 such regulations; and

23 ‘‘(iii) annually in the Federal Register,
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•S 456 IS

1 the designation of such agent or agents, identified

2 by title of position, mailing address, and telephone

3 number.

4 ‘‘(2) Whenever an agent designated pursuant to para5 graph (1) receives notice pursuant to subsection (a)(1) or

6 (b) of section 466, or is effectively served with any order,

7 process, or interrogatories, with respect to an individual’s

8 child support or alimony payment obligations, such agent

9 shall—

10 ‘‘(A) as soon as possible (but not later than 15

11 days) thereafter, send written notice of such notice

12 or service (together with a copy thereof) to such in13 dividual at his duty station or last-known home ad14 dress;

15 ‘‘(B) not later than 30 days (or such longer pe16 riod as may be prescribed by applicable State law)

17 after receipt of a notice pursuant to subsection

18 (a)(1) or (b) of section 466, comply with all applica19 ble provisions of such section 466; and

20 ‘‘(C) not later than 30 days (or such longer pe21 riod as may be prescribed by applicable State law)

22 after effective service of any other such order, proc23 ess, or interrogatories, respond thereto.

24 ‘‘(d) In the event that a governmental entity receives

25 notice or is served with process, as provided in this section,
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•S 456 IS

1 concerning amounts owed by an individual to more than

2 1 person—

3 ‘‘(1) support collection under section 466(b)

4 must be given priority over any other process, as

5 provided in section 466(b)(7);

6 ‘‘(2) allocation of moneys due or payable to an

7 individual among claimants under section 466(b)

8 shall be governed by the provisions of such section

9 466(b) and regulations thereunder; and

10 ‘‘(3) such moneys as remain after compliance

11 with subparagraphs (A) and (B) shall be available to

12 satisfy any other such processes on a first-come,

13 first-served basis, with any such process being satis14 fied out of such moneys as remain after the satisfac15 tion of all such processes which have been previously

16 served.’’;

17 (5) in subsection (f)—

18 (A) by striking ‘‘(f)’’ and inserting

19 ‘‘(f)(1)’’; and

20 (B) by adding at the end the following new

21 paragraph:

22 ‘‘(2) No Federal employee whose duties include tak23 ing actions necessary to comply with the requirements of

24 subsection (a) with regard to any individual shall be sub25 ject under any law to any disciplinary action or civil or
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1 criminal liability or penalty for, or on account of, any dis2 closure of information made by him in connection with the

3 carrying out of such duties.’’; and

4 (6) by adding at the end the following new sub5 sections:

6 ‘‘(g) Authority to promulgate regulations for the im7 plementation of the provisions of this section shall, insofar

8 as the provisions of this section are applicable to moneys

9 due from (or payable by)—

10 ‘‘(1) the executive branch of the Federal Gov11 ernment (including in such branch, for the purposes

12 of this subsection, the territories and possessions of

13 the United States, the United States Postal Service,

14 the Postal Rate Commission, any wholly owned Fed15 eral corporation created by an Act of Congress, and

16 the government of the District of Columbia), be

17 vested in the President (or the President’s designee);

18 ‘‘(2) the legislative branch of the Federal Gov19 ernment, be vested jointly in the President pro tem20 pore of the Senate and the Speaker of the House of

21 Representatives (or their designees); and

22 ‘‘(3) the judicial branch of the Federal Govern23 ment, be vested in the Chief Justice of the United

24 States (or the Chief Justice’s designee).
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1 ‘‘(h) Subject to subsection (i), moneys paid or payable

2 to an individual which are considered to be based upon

3 remuneration for employment, for purposes of this sec4 tion—

5 ‘‘(1) consist of—

6 ‘‘(A) compensation paid or payable for per7 sonal services of such individual, whether such

8 compensation is denominated as wages, salary,

9 commission, bonus, pay, allowances, or other10 wise (including severance pay, sick pay, and in11 centive pay);

12 ‘‘(B) periodic benefits (including a periodic

13 benefit as defined in section 228(h)(3)) or other

14 payments—

15 ‘‘(i) under the insurance system estab16 lished by title II;

17 ‘‘(ii) under any other system or fund

18 established by the United States which

19 provides for the payment of pensions, re20 tirement or retired pay, annuities, depend21 ents’ or survivors’ benefits, or similar

22 amounts payable on account of personal

23 services performed by the individual or any

24 other individual;
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1 ‘‘(iii) as compensation for death under

2 any Federal program;

3 ‘‘(iv) under any Federal program es4 tablished to provide ‘black lung’ benefits;

5 or

6 ‘‘(v) by the Secretary of Veterans Af7 fairs as pension, or as compensation for a

8 service-connected disability or death (ex9 cept any compensation paid by such Sec10 retary to a former member of the Armed

11 Forces who is in receipt of retired or re12 tainer pay if such former member has

13 waived a portion of his retired pay in order

14 to receive such compensation); and

15 ‘‘(C) worker’s compensation benefits paid

16 under Federal or State law; but

17 ‘‘(2) do not include any payment—

18 ‘‘(A) by way of reimbursement or other19 wise, to defray expenses incurred by such indi20 vidual in carrying out duties associated with his

21 employment; or

22 ‘‘(B) as allowances for members of the uni23 formed services payable pursuant to chapter 7

24 of title 37, United States Code, as prescribed

25 by the Secretaries concerned (defined by section
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•S 456 IS

1 101(5) of such title) as necessary for the effi2 cient performance of duty.

3 ‘‘(i) In determining the amount of any moneys due

4 from, or payable by, the United States to any individual,

5 there shall be excluded amounts which—

6 ‘‘(1) are owed by such individual to the United

7 States;

8 ‘‘(2) are required by law to be, and are, de9 ducted from the remuneration or other payment in10 volved, including Federal employment taxes, and

11 fines and forfeitures ordered by court-martial;

12 ‘‘(3) are properly withheld for Federal, State,

13 or local income tax purposes, if the withholding of

14 such amounts is authorized or required by law and

15 if amounts withheld are not greater than would be

16 the case if such individual claimed all the depend17 ents that the individual was entitled to (the with18 holding of additional amounts pursuant to section

19 3402(i) of the Internal Revenue Code of 1986 may

20 be permitted only when such individual presents evi21 dence of a tax obligation which supports the addi22 tional withholding);

23 ‘‘(4) are deducted as health insurance pre24 miums;
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•S 456 IS

1 ‘‘(5) are deducted as normal retirement con2 tributions (not including amounts deducted for sup3 plementary coverage); or

4 ‘‘(6) are deducted as normal life insurance pre5 miums from salary or other remuneration for em6 ployment (not including amounts deducted for sup7 plementary coverage).

8 ‘‘(j) For purposes of this section—’’.

9 (b) TRANSFER OF SUBSECTIONS.—Subsections (a)

10 through (e) of section 462 (42 U.S.C. 662), are trans11 ferred and redesignated as paragraphs (1) through (4),

12 respectively of section 459(j) (as added by subsection

13 (a)(6)), and the left margin of each of such paragraphs

14 (1) through (4) is indented 2 ems to the right of the left

15 margin of subsection (j) (as added by subsection (a)(6)).

16 (c) CONFORMING AMENDMENTS.—

17 (1) TO PART D OF TITLE IV.—Sections 461 and

18 462 (42 U.S.C. 661) are repealed.

19 (2) TO TITLE 5, UNITED STATES CODE.—Sec20 tion 5520a of title 5, United States Code, is amend21 ed, in subsections (h)(2) and (i), by striking ‘‘sec22 tions 459, 461, and 462 of the Social Security Act

23 (42 U.S.C. 659, 661, and 662)’’ each place it ap24 pears and inserting ‘‘section 459 of the Social Secu25 rity Act (42 U.S.C. 659)’’.
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1 (d) MILITARY RETIRED AND RETAINER PAY.—Sec2 tion 1408(a)(1) of title 10, United States Code, is amend3 ed—

4 (1) in paragraph (1)—

5 (A) in subparagraph (B), by striking

6 ‘‘and’’;

7 (B) in subparagraph (C), by striking the

8 period and inserting ‘‘; and’’; and

9 (C) by adding at the end the following new

10 subparagraph:

11 ‘‘(D) any administrative or judicial tribu12 nal of a State competent to enter orders for

13 support or maintenance (including a State

14 agency administering a State program under

15 part D of title IV of the Social Security Act).’’;

16 (2) in paragraph (2), by inserting ‘‘or a court

17 order for the payment of child support not included

18 in or accompanied by such a decree or settlement,’’

19 before ‘‘which—’’;

20 (3) in subsection (d)—

21 (A) in the heading, by inserting ‘‘(OR FOR

22 BENEFIT OF)’’ after ‘‘CONCERNED’’; and

23 (B) in paragraph (1), in the first sentence,

24 by inserting ‘‘(or for the benefit of such spouse

25 or former spouse to a State central collections
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•S 456 IS

1 unit or other public payee designated by a

2 State, in accordance with part D of title IV of

3 the Social Security Act, as directed by court

4 order, or as otherwise directed in accordance

5 with such part D)’’ before ‘‘in an amount suffi6 cient’’; and

7 (4) by adding at the end the following new sub8 section:

9 ‘‘(j) RELATIONSHIP TO OTHER LAWS.—In any case

10 involving a child support order against a member who has

11 never been married to the other parent of the child, the

12 provisions of this section shall not apply, and the case

13 shall be subject to the provisions of section 459 of the

14 Social Security Act.’’.

15 (e) EFFECTIVE DATE.—The amendments made by

16 this section shall become effective 6 months after the date

17 of the enactment of this Act.

18 SEC. 164. ENFORCEMENT OF CHILD SUPPORT OBLIGA19 TIONS OF MEMBERS OF THE ARMED FORCES.

20 (a) AVAILABILITY OF LOCATOR INFORMATION.—

21 (1) MAINTENANCE OF ADDRESS INFORMA22 TION.—The Secretary of Defense shall establish a

23 centralized personnel locator service that includes

24 the address of each member of the Armed Forces

25 under the jurisdiction of the Secretary. Upon re-
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1 quest of the Secretary of Transportation, addresses

2 for members of the Coast Guard shall be included in

3 the centralized personnel locator service.

4 (2) TYPE OF ADDRESS.—

5 (A) RESIDENTIAL ADDRESS.—Except as

6 provided in subparagraph (B), the address for

7 a member of the Armed Forces shown in the lo8 cator service shall be the residential address of

9 that member.

10 (B) DUTY ADDRESS.—The address for a

11 member of the Armed Forces shown in the loca12 tor service shall be the duty address of that

13 member in the case of a member—

14 (i) who is permanently assigned over15 seas, to a vessel, or to a routinely

16 deployable unit; or

17 (ii) with respect to whom the Sec18 retary concerned makes a determination

19 that the member’s residential address

20 should not be disclosed due to national se21 curity or safety concerns.

22 (3) UPDATING OF LOCATOR INFORMATION.—

23 Not later than 30 days after a member listed in the

24 locator service establishes a new residential address

25 (or a new duty address, in the case of a member cov-
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•S 456 IS

1 ered by paragraph (2)(B)), the Secretary concerned

2 shall update the locator service to indicate the new

3 address of the member.

4 (4) AVAILABILITY OF INFORMATION.—The Sec5 retary of Defense shall make information regarding

6 the address of a member of the Armed Forces listed

7 in the locator service available, on request, to the

8 Federal Parent Locator Service.

9 (b) FACILITATING GRANTING OF LEAVE FOR AT10 TENDANCE AT HEARINGS.—

11 (1) REGULATIONS.—The Secretary of each

12 military department, and the Secretary of Transpor13 tation with respect to the Coast Guard when it is

14 not operating as a service in the Navy, shall pre15 scribe regulations to facilitate the granting of leave

16 to a member of the Armed Forces under the juris17 diction of that Secretary in a case in which—

18 (A) the leave is needed for the member to

19 attend a hearing described in paragraph (2);

20 (B) the member is not serving in or with

21 a unit deployed in a contingency operation (as

22 defined in section 101 of title 10, United States

23 Code); and

24 (C) the exigencies of military service (as

25 determined by the Secretary concerned) do not
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1 otherwise require that such leave not be grant2 ed.

3 (2) COVERED HEARINGS.—Paragraph (1) ap4 plies to a hearing that is conducted by a court or

5 pursuant to an administrative process established

6 under State law, in connection with a civil action—

7 (A) to determine whether a member of the

8 Armed Forces is a natural parent of a child; or

9 (B) to determine an obligation of a mem10 ber of the Armed Forces to provide child sup11 port.

12 (3) DEFINITIONS.—For purposes of this sub13 section:

14 (A) The term ‘‘court’’ has the meaning

15 given that term in section 1408(a) of title 10,

16 United States Code.

17 (B) The term ‘‘child support’’ has the

18 meaning given such term in section 462 of the

19 Social Security Act (42 U.S.C. 662).

20 (c) PAYMENT OF MILITARY RETIRED PAY IN COM21 PLIANCE WITH CHILD SUPPORT ORDERS.—Section 1408

22 of title 10, United States Code, as amended by section

23 163(d)(4), is amended—

24 (1) by redesignating subsections (i) and (j) as

25 subsections (j) and (k), respectively;
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•S 456 IS

1 (2) by inserting after subsection (h) the follow2 ing new subsection:

3 ‘‘(i) CERTIFICATION DATE.—It is not necessary that

4 the date of a certification of the authenticity or complete5 ness of a copy of a court order or an order of an adminis6 trative process established under State law for child sup7 port received by the Secretary concerned for the purposes

8 of this section be recent in relation to the date of receipt

9 by the Secretary.’’; and

10 (3) in subsection (d)—

11 (A) in paragraph (1), by inserting after

12 the first sentence the following: ‘‘In the case of

13 a spouse or former spouse who, pursuant to

14 section 402(a)(26) of the Social Security Act

15 (42 U.S.C. 602(26)), assigns to a State the

16 rights of the spouse or former spouse to receive

17 support, the Secretary concerned may make the

18 child support payments referred to in the pre19 ceding sentence to that State in amounts con20 sistent with that assignment of rights.’’; and

21 (B) by adding at the end the following new

22 paragraph:

23 ‘‘(6) In the case of a court order or an order of an

24 administrative process established under State law for

25 which effective service is made on the Secretary concerned
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•S 456 IS

1 on or after the date of the enactment of this paragraph

2 and which provides for payments from the disposable re3 tired pay of a member to satisfy the amount of child sup4 port set forth in the order, the authority provided in para5 graph (1) to make payments from the disposable retired

6 pay of a member to satisfy the amount of child support

7 set forth in a court order or an order of an administrative

8 process established under State law shall apply to payment

9 of any amount of child support arrearages set forth in that

10 order as well as to amounts of child support that currently

11 become due.’’.

12 SEC. 165. MOTOR VEHICLE LIENS.

13 Section 466(a)(4) (42 U.S.C. 666(a)(4)) is amend14 ed—

15 (1) by striking ‘‘(4)’’ and inserting ‘‘(4)(A)’’;

16 and

17 (2) by adding at the end the following new sub18 paragraph:

19 ‘‘(B) Procedures for placing liens for arrearages

20 of child support on motor vehicle titles of individuals

21 owing such arrearages equal to or exceeding 1

22 month of support (or other minimum amount set by

23 the State), under which—

24 ‘‘(i) any person owed such arrearages may

25 place such a lien;
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•S 456 IS

1 ‘‘(ii) the State agency administering the

2 program under this part shall systematically

3 place such liens;

4 ‘‘(iii) expedited methods are provided for—

5 ‘‘(I) ascertaining the amount of ar6 rears;

7 ‘‘(II) affording the person owing the

8 arrears or other titleholder to contest the

9 amount of arrears or to obtain a release

10 upon fulfilling the support obligation;

11 ‘‘(iv) such a lien has precedence over all

12 other encumbrances on a vehicle title other than

13 a purchase money security interest; and

14 ‘‘(v) the individual or State agency owed

15 the arrears may execute on, seize, and sell the

16 property in accordance with State law.’’.

17 SEC. 166. VOIDING OF FRAUDULENT TRANSFERS.

18 Section 466(a) (42 U.S.C. 666(a)), as amended by

19 sections 101(a), 126(a), and 131, is amended by adding

20 at the end the following new paragraph:

21 ‘‘(15) Procedures under which—

22 ‘‘(A) the State has in effect—

23 ‘‘(i) the Uniform Fraudulent Convey24 ance Act of 1981,
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•S 456 IS

1 ‘‘(ii) the Uniform Fraudulent Trans2 fer Act of 1984, or

3 ‘‘(iii) another law, specifying indicia of

4 fraud which create a prima facie case that

5 a debtor transferred income or property to

6 avoid payment to a child support creditor,

7 which the Secretary finds affords com8 parable rights to child support creditors;

9 and

10 ‘‘(B) in any case in which the State knows

11 of a transfer by a child support debtor with re12 spect to which such a prima facie case is estab13 lished, the State must—

14 ‘‘(i) seek to void such transfer; or

15 ‘‘(ii) obtain a settlement in the best

16 interests of the child support creditor.’’.

17 SEC. 167. STATE LAW AUTHORIZING SUSPENSION OF LI18 CENSES.

19 Section 466(a) (42 U.S.C. 666(a)), as amended by

20 sections 101(a), 126(a), 131, and 166, is amended by add21 ing at the end the following new paragraph:

22 ‘‘(16) Procedures under which the State has

23 (and uses in appropriate cases) authority (subject to

24 appropriate due process safeguards) to withhold or

25 suspend, or to restrict the use of driver’s licenses,
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•S 456 IS

1 professional and occupational licenses, and rec2 reational licenses of individuals owing overdue child

3 support or failing, after receiving appropriate notice,

4 to comply with subpoenas or warrants relating to

5 paternity or child support proceedings.’’.

6 SEC. 168. REPORTING ARREARAGES TO CREDIT BUREAUS.

7 Section 466(a)(7) (42 U.S.C. 666(a)(7)) is amended

8 to read as follows:

9 ‘‘(7)(A) Procedures (subject to safeguards pur10 suant to subparagraph (B)) requiring the State to

11 report periodically to consumer reporting agencies

12 (as defined in section 603(f) of the Fair Credit Re13 porting Act (15 U.S.C. 1681a(f)) the name of any

14 absent parent who is delinquent in the payment of

15 support, and the amount of overdue support owed by

16 such parent.

17 ‘‘(B) Procedures ensuring that, in carrying out

18 subparagraph (A), information with respect to an

19 absent parent is reported—

20 ‘‘(i) only after such parent has been af21 forded all due process required under State law,

22 including notice and a reasonable opportunity

23 to contest the accuracy of such information;

24 and
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1 ‘‘(ii) only to an entity that has furnished

2 evidence satisfactory to the State that the en3 tity is a consumer reporting agency.’’.

4 SEC. 169. EXTENDED STATUTE OF LIMITATION FOR COL5 LECTION OF ARREARAGES.

6 (a) IN GENERAL.—Section 466(a)(9) (42 U.S.C.

7 666(a)(9)) is amended—

8 (1) by redesignating subparagraphs (A), (B),

9 and (C) as clauses (i), (ii), and (iii), respectively;

10 (2) by striking ‘‘(9)’’ and inserting ‘‘(9)(A)’’;

11 and

12 (3) by adding at the end the following new sub13 paragraph:

14 ‘‘(B) Procedures under which the statute

15 of limitations on any arrearages of child sup16 port extends at least until the child owed such

17 support is 30 years of age.’’.

18 (b) APPLICATION OF REQUIREMENT.—The amend19 ment made by this section shall not be interpreted to re20 quire any State law to revive any payment obligation

21 which had lapsed prior to the effective date of such State

22 law.

23 SEC. 170. CHARGES FOR ARREARAGES.

24 (a) STATE LAW REQUIREMENT.—Section 466(a) (42

25 U.S.C. 666(a)), as amended by sections 101(a), 126(a),
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1 131, 166, and 167, is amended by adding at the end the

2 following new paragraph:

3 ‘‘(17) Procedures providing for the calculation

4 and collection of interest or penalties for arrearages

5 of child support, and for distribution of such interest

6 or penalties collected for the benefit of the child (ex7 cept where the right to support has been assigned to

8 the State).’’.

9 (b) REGULATIONS.—The Secretary of Health and

10 Human Services shall establish by regulation a rule to re11 solve choice of law conflicts arising in the implementation

12 of the amendment made by subsection (a).

13 (c) CONFORMING AMENDMENT.—Section 454(21)

14 (42 U.S.C. 654(21)) is repealed.

15 (d) EFFECTIVE DATE.—The amendments made by

16 this section shall be effective with respect to arrearages

17 accruing on or after October 1, 1998.

18 SEC. 171. DENIAL OF PASSPORTS FOR NONPAYMENT OF

19 CHILD SUPPORT.

20 (a) HHS CERTIFICATION PROCEDURE.—

21 (1) SECRETARIAL RESPONSIBILITY.—Section

22 452 (42 U.S.C. 652), as amended by sections

23 115(a)(3) and 117, is amended by adding at the end

24 the following new subsection:
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1 ‘‘(l)(1) If the Secretary receives a certification by a

2 State agency in accordance with the requirements of sec3 tion 454(28) that an individual owes arrearages of child

4 support in an amount exceeding $5,000 or in an amount

5 exceeding 24 months’ worth of child support, the Sec6 retary shall transmit such certification to the Secretary

7 of State for action (with respect to denial, revocation, or

8 limitation of passports) pursuant to section 171(b) of the

9 Interstate Child Support Responsibility Act of 1995.

10 ‘‘(2) The Secretary shall not be liable to an individual

11 for any action with respect to a certification by a State

12 agency under this section.’’.

13 (2) STATE CSE AGENCY RESPONSIBILITY.—Sec14 tion 454 (42 U.S.C. 654), as amended by sections

15 104(a), 114(b), and 122(a), is amended—

16 (A) by striking ‘‘and’’ at the end of para17 graph (26);

18 (B) by striking the period at the end of

19 paragraph (27) and inserting ‘‘; and’’; and

20 (C) by adding after paragraph (27) the fol21 lowing new paragraph:

22 ‘‘(28) provide that the State agency will have in

23 effect a procedure (which may be combined with the

24 procedure for tax refund offset under section 464)

25 for certifying to the Secretary, for purposes of the
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1 procedure under section 452(l) (concerning denial of

2 passports) determinations that individuals owe ar3 rearages of child support in an amount exceeding

4 $5,000 or in an amount exceeding 24 months’ worth

5 of child support, under which procedure—

6 ‘‘(A) each individual concerned is afforded

7 notice of such determination and the con8 sequences thereof, and an opportunity to con9 test the determination; and

10 ‘‘(B) the certification by the State agency

11 is furnished to the Secretary in such format,

12 and accompanied by such supporting docu13 mentation, as the Secretary may require.’’.

14 (b) STATE DEPARTMENT PROCEDURE FOR DENIAL

15 OF PASSPORTS.—

16 (1) IN GENERAL.—The Secretary of State,

17 upon certification by the Secretary of Health and

18 Human Services, in accordance with section 452(l)

19 of the Social Security Act, that an individual owes

20 arrearages of child support in excess of $5,000, shall

21 refuse to issue a passport to such individual, and

22 may revoke, restrict, or limit a passport issued pre23 viously to such individual.

24 (2) LIMIT ON LIABILITY.—The Secretary of

25 State shall not be liable to an individual for any ac-
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1 tion with respect to a certification by a State agency

2 under this section.

3 (c) EFFECTIVE DATE.—This section and the amend4 ments made by this section shall become effective October

5 1, 1996.

6 SEC. 172. INTERNATIONAL CHILD SUPPORT ENFORCE7 MENT.

8 (a) SENSE OF THE CONGRESS THAT THE UNITED

9 STATES SHOULD RATIFY THE UNITED NATIONS CON10 VENTION OF 1956.—It is the sense of the Congress that

11 the United States should ratify the United Nations Con12 vention of 1956.

13 (b) TREATMENT OF INTERNATIONAL CHILD SUP14 PORT CASES AS INTERSTATE CASES.—Section 454 (42

15 U.S.C. 654), as amended by sections 104(a), 114(b),

16 122(a), and 171(a)(2) of this Act, is amended—

17 (1) by striking ‘‘and’’ at the end of paragraph

18 (27);

19 (2) by striking the period at the end of para20 graph (28) and inserting ‘‘; and’’; and

21 (3) by inserting after paragraph (28) the fol22 lowing new paragraph:

23 ‘‘(29) provide that the State must treat inter24 national child support cases in the same manner as
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1 the State treats interstate child support cases under

2 the plan.’’.

3 Subtitle H—Medical Support

4 SEC. 181. TECHNICAL CORRECTION TO ERISA DEFINITION

5 OF MEDICAL CHILD SUPPORT ORDER.

6 (a) IN GENERAL.—Section 609(a)(2)(B) of the Em7 ployee Retirement Income Security Act of 1974 (29

8 U.S.C. 1169(a)(2)(B)) is amended—

9 (1) by striking ‘‘issued by a court of competent

10 jurisdiction’’;

11 (2) in clause (ii) by striking the period and in12 serting a comma; and

13 (3) by adding after clause (ii), the following

14 flush left language:

15 ‘‘if such judgment, decree, or order (I) is issued

16 by a court of competent jurisdiction or (II) is

17 issued by an administrative adjudicator and has

18 the force and effect of law under applicable

19 State law.’’.

20 (b) EFFECTIVE DATE.—

21 (1) IN GENERAL.—The amendments made by

22 this section shall become effective on the date of the

23 enactment of this Act.

24 (2) PLAN AMENDMENTS NOT REQUIRED UNTIL

25 JANUARY 1, 1996.—
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1 (A) IN GENERAL.—Any amendment to a

2 plan required to be made by an amendment

3 made by this section shall not be required to be

4 made before the first plan year beginning on or

5 after January 1, 1996, if—

6 (i) during the period after the date

7 before the date of the enactment of this

8 Act and before such first plan year, the

9 plan is operated in accordance with the re10 quirements of the amendments made by

11 this section; and

12 (ii) such plan amendment applies

13 retroactively to the period after the date

14 before the date of the enactment of this

15 Act and before such first plan year.

16 (B) NO FAILURE FOR COMPLIANCE WITH

17 THIS PARAGRAPH.—A plan shall not be treated

18 as failing to be operated in accordance with the

19 provisions of the plan merely because it oper20 ates in accordance with this paragraph.
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1 Subtitle I—Access and Visitation

2 Programs

3 SEC. 191. GRANTS TO STATES FOR ACCESS AND VISITATION

4 PROGRAMS.

5 (a) IN GENERAL.—Part D of title IV is amended by

6 adding at the end the following new section:

7 ‘‘GRANTS TO STATES FOR ACCESS AND VISITATION

8 PROGRAMS

9 ‘‘SEC. 469A. (a) PURPOSES; AUTHORIZATION OF AP10 PROPRIATIONS.—For purposes of enabling States to es11 tablish and administer programs to support and facilitate

12 absent parents’ access to and visitation of their children,

13 by means of activities including mediation (both voluntary

14 and mandatory), counseling, education, development of

15 parenting plans, visitation enforcement (including mon16 itoring, supervision, and neutral drop-off and pickup), and

17 development of guidelines for visitation and alternative

18 custody arrangements, there are authorized to be appro19 priated $5,000,000 for each of fiscal years 1996 and

20 1997, and $10,000,000 for each succeeding fiscal year.

21 ‘‘(b) PAYMENTS TO STATES.—

22 ‘‘(1) IN GENERAL.—Each State shall be enti23 tled to payment under this section for each fiscal

24 year in an amount equal to its allotment under sub25 section (c) for such fiscal year, to be used for pay-
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1 ment of 90 percent of State expenditures for the

2 purposes specified in subsection (a).

3 ‘‘(2) SUPPLEMENTARY USE.—Payments under

4 this section shall be used by a State to supplement

5 (and not to substitute for) expenditures by the

6 State, for activities specified in subsection (a), at a

7 level at least equal to the level of such expenditures

8 for fiscal year 1994.

9 ‘‘(c) ALLOTMENTS TO STATES.—

10 ‘‘(1) IN GENERAL.—For purposes of subsection

11 (b), each State shall be entitled (subject to para12 graph (2)) to an amount for each fiscal year bearing

13 the same ratio to the amount authorized to be ap14 propriated pursuant to subsection (a) for such fiscal

15 year as the number of children in the State living

16 with only 1 biological parent bears to the total num17 ber of such children in all States.

18 ‘‘(2) MINIMUM ALLOTMENT.—Allotments to

19 States under paragraph (1) shall be adjusted as nec20 essary to ensure that no State is allotted less than

21 $50,000 for fiscal year 1996 or 1997, or $100,000

22 for any succeeding fiscal year.

23 ‘‘(d) FEDERAL ADMINISTRATION.—The program

24 under this section shall be administered by the Adminis25 tration for Children and Families.
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1 ‘‘(e) STATE PROGRAM ADMINISTRATION.—

2 ‘‘(1) IN GENERAL.—Each State may administer

3 the program under this section directly or through

4 grants to or contracts with courts, local public agen5 cies, or non-profit private entities.

6 ‘‘(2) STATEWIDE PLAN PERMISSIBLE.—State

7 programs under this section may, but need not, be

8 statewide.

9 ‘‘(3) EVALUATION.—States administering pro10 grams under this section shall monitor, evaluate,

11 and report on such programs in accordance with re12 quirements established by the Secretary.’’.

13 TITLE II—EFFECT OF

14 ENACTMENT

15 SEC. 201. EFFECTIVE DATES.

16 (a) IN GENERAL.—Except as otherwise specifically

17 provided (but subject to subsections (b) and (c))—

18 (1) provisions of title I requiring enactment or

19 amendment of State laws under section 466 of the

20 Social Security Act, or revision of State plans under

21 section 454 of such Act, shall be effective with re22 spect to periods beginning on and after October 1,

23 1996; and

24 (2) all other provisions of title I shall become

25 effective upon the date of the enactment of this Act.
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1 (b) GRACE PERIOD FOR STATE LAW CHANGES.—The

2 provisions of title I shall become effective with respect to

3 a State on the later of—

4 (1) the date specified in title I, or

5 (2) the effective date of laws enacted by the leg6 islature of such State implementing such provisions,

7 but in no event later than the first day of the first cal8 endar quarter beginning after the close of the first regular

9 session of the State legislature that begins after the date

10 of the enactment of this Act. For purposes of the previous

11 sentence, in the case of a State that has a 2-year legisla12 tive session, each year of such session shall be deemed to

13 be a separate regular session of the State legislature.

14 (c) GRACE PERIOD FOR STATE CONSTITUTIONAL

15 AMENDMENT.—A State shall not be found out of compli16 ance with any requirement enacted by title I if it is unable

17 to comply without amending the State constitution until

18 the earlier of—

19 (1) the date which is 1 year after the effective

20 date of the necessary State constitutional amend21 ment, or

22 (2) the date which is 5 years after the date of

23 the enactment of this Act.
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1 SEC. 202. SEVERABILITY.

2 If any provision of title I or the application thereof

3 to any person or circumstance is held invalid, the invalid4 ity shall not affect other provisions or applications of title

5 I which can be given effect without regard to the invalid

6 provision or application, and to this end the provisions of

7 title I shall be severable.

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