II

106TH CONGRESS

2D SESSION S. 3189

To provide more child support money to families leaving welfare, to simplify

the rules governing the assignment and distribution of child support

collected by States on behalf of children, to improve the collection of

child support, to promote marriage, and for other purposes.

IN THE SENATE OF THE UNITED STATES

OCTOBER 11 (legislative day, SEPTEMBER 22), 2000

Ms. SNOWE (for herself, Mr. BAYH, Mr. KOHL, Mr. L. CHAFEE, Mr. MOYNIHAN, and Mr. BREAUX) introduced the following bill; which was read

twice and referred to the Committee on Finance

A BILL

To provide more child support money to families leaving

welfare, to simplify the rules governing the assignment

and distribution of child support collected by States on

behalf of children, to improve the collection of child support, to promote marriage, and for other purposes.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Child Support Dis5 tribution Act of 2000’’.

6 SEC. 2. TABLE OF CONTENTS.

7 The table of contents for this Act is as follows:
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Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—DISTRIBUTION OF CHILD SUPPORT

Sec. 101. Distribution of child support collected by States on behalf of children

receiving certain welfare benefits.

TITLE II—REVIEW AND ADJUSTMENT OF CHILD SUPPORT

ORDERS

Sec. 201. Mandatory review and modification of child support orders for TANF

recipients.

TITLE III—DEMONSTRATION OF EXPANDED INFORMATION AND

ENFORCEMENT

Sec. 301. Guidelines for involvement of public non-IV–D child support enforcement agencies in child support enforcement.

Sec. 302. Demonstrations involving establishment and enforcement of child support obligations by public non-IV–D child support enforcement

agencies.

Sec. 303. GAO report to Congress on private child support enforcement agencies.

Sec. 304. Effective date.

TITLE IV—EXPANDED ENFORCEMENT

Sec. 401. Decrease in amount of child support arrearage triggering passport

denial.

Sec. 402. Use of tax refund intercept program to collect past-due child support

on behalf of children who are not minors.

Sec. 403. Garnishment of compensation paid to veterans for service-connected

disabilities in order to enforce child support obligations.

TITLE V—FATHERHOOD PROGRAMS

Sec. 501. Fatherhood grants.

Sec. 502. Fatherhood projects of national significance.

Sec. 503. Grants to States to encourage media campaigns.

Sec. 504. Responsible fatherhood block grant.

TITLE VI—MISCELLANEOUS

Sec. 601. Change dates for abstinence evaluation.

Sec. 602. Report on undistributed child support payments.

Sec. 603. Use of new hire information to assist in administration of unemployment compensation programs.

Sec. 604. Immigration provisions.

Sec. 605. Correction of errors in conforming amendments in the Welfare-ToWork and Child Support Amendments of 1999.

Sec. 606. Elimination of set-aside of welfare-to-work funds for successful performance bonus.

Sec. 607. Increase in payment rate to States for expenditures for short term

training of staff of certain child welfare agencies.
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TITLE VII—EFFECTIVE DATE

Sec. 701. Effective date.

1 TITLE I—DISTRIBUTION OF

2 CHILD SUPPORT

3 SEC. 101. DISTRIBUTION OF CHILD SUPPORT COLLECTED

4 BY STATES ON BEHALF OF CHILDREN RE5 CEIVING CERTAIN WELFARE BENEFITS.

6 (a) MODIFICATION OF RULE REQUIRING ASSIGN7 MENT OF SUPPORT RIGHTS AS A CONDITION OF RECEIV8 ING TANF.—Section 408(a)(3) of the Social Security Act

9 (42 U.S.C. 608(a)(3)) is amended to read as follows:

10 ‘‘(3) NO ASSISTANCE FOR FAMILIES NOT AS11 SIGNING CERTAIN SUPPORT RIGHTS TO THE

12 STATE.—A State to which a grant is made under

13 section 403 shall require, as a condition of paying

14 assistance to a family under the State program

15 funded under this part, that a member of the family

16 assign to the State any right the family member

17 may have (on behalf of the family member or of any

18 other person for whom the family member has ap19 plied for or is receiving such assistance) to support

20 from any other person, not exceeding the total

21 amount of assistance so paid to the family, which ac22 crues during the period that the family receives as23 sistance under the program.’’.
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1 (b) INCREASING CHILD SUPPORT PAYMENTS TO

2 FAMILIES AND SIMPLIFYING CHILD SUPPORT DISTRIBU3 TION RULES.—

4 (1) DISTRIBUTION RULES.—

5 (A) IN GENERAL.—Section 457(a) of such

6 Act (42 U.S.C. 657(a)) is amended to read as

7 follows:

8 ‘‘(a) IN GENERAL.—Subject to subsections (d) and

9 (e), the amounts collected on behalf of a family as support

10 by a State pursuant to a plan approved under this part

11 shall be distributed as follows:

12 ‘‘(1) FAMILIES RECEIVING ASSISTANCE.—In the

13 case of a family receiving assistance from the State,

14 the State shall—

15 ‘‘(A) pay to the Federal Government the

16 Federal share of the amount collected, subject

17 to paragraph (3)(A);

18 ‘‘(B) retain, or pay to the family, the State

19 share of the amount collected, subject to para20 graph (3)(B); and

21 ‘‘(C) pay to the family any remaining

22 amount.

23 ‘‘(2) FAMILIES THAT FORMERLY RECEIVED AS24 SISTANCE.—In the case of a family that formerly re25 ceived assistance from the State:
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1 ‘‘(A) CURRENT SUPPORT.—To the extent

2 that the amount collected does not exceed the

3 current support amount, the State shall pay the

4 amount to the family.

5 ‘‘(B) ARREARAGES.—To the extent that

6 the amount collected exceeds the current sup7 port amount, the State—

8 ‘‘(i) shall first pay to the family the

9 excess amount, to the extent necessary to

10 satisfy support arrearages not assigned

11 pursuant to section 408(a)(3);

12 ‘‘(ii) if the amount collected exceeds

13 the amount required to be paid to the fam14 ily under clause (i), shall—

15 ‘‘(I) pay to the Federal Govern16 ment, the Federal share of the excess

17 amount described in this clause, sub18 ject to paragraph (3)(A); and

19 ‘‘(II) retain, or pay to the family,

20 the State share of the excess amount

21 described in this clause, subject to

22 paragraph (3)(B); and

23 ‘‘(iii) shall pay to the family any re24 maining amount.

25 ‘‘(3) LIMITATIONS.—
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1 ‘‘(A) FEDERAL REIMBURSEMENTS.—The

2 total of the amounts paid by the State to the

3 Federal Government under paragraphs (1) and

4 (2) of this subsection with respect to a family

5 shall not exceed the Federal share of the

6 amount assigned with respect to the family pur7 suant to section 408(a)(3).

8 ‘‘(B) STATE REIMBURSEMENTS.—The

9 total of the amounts retained by the State

10 under paragraphs (1) and (2) of this subsection

11 with respect to a family shall not exceed the

12 State share of the amount assigned with respect

13 to the family pursuant to section 408(a)(3).

14 ‘‘(4) FAMILIES THAT NEVER RECEIVED ASSIST15 ANCE.—In the case of any other family, the State

16 shall pay the amount collected to the family.

17 ‘‘(5) FAMILIES UNDER CERTAIN AGREE18 MENTS.—Notwithstanding paragraphs (1) through

19 (4), in the case of an amount collected for a family

20 in accordance with a cooperative agreement under

21 section 454(33), the State shall distribute the

22 amount collected pursuant to the terms of the agree23 ment.

24 ‘‘(6) STATE FINANCING OPTIONS.—To the ex25 tent that the State share of the amount payable to
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1 a family pursuant to paragraph (2)(B) of this sub2 section exceeds the amount that the State estimates

3 (under procedures approved by the Secretary) would

4 have been payable to the family pursuant to former

5 section 457(a)(2)(B) (as in effect for the State im6 mediately before the date this subsection first ap7 plies to the State) if such former section had re8 mained in effect, the State may elect to use the

9 grant made to the State under section 403(a) to pay

10 the amount, or to have the payment considered a

11 qualified State expenditure for purposes of section

12 409(a)(7), but not both.

13 ‘‘(7) STATE OPTION TO PASS THROUGH ADDI14 TIONAL SUPPORT WITH FEDERAL FINANCIAL PAR15 TICIPATION.—

16 ‘‘(A) IN GENERAL.—Notwithstanding

17 paragraphs (1) and (2), a State shall not be re18 quired to pay to the Federal Government the

19 Federal share of an amount collected on behalf

20 of a family that is not a recipient of assistance

21 under the State program funded under part A,

22 to the extent that the State pays the amount to

23 the family.

24 ‘‘(B) RECIPIENTS OF TANF FOR LESS

25 THAN 5 YEARS.—
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1 ‘‘(i) IN GENERAL.—Notwithstanding

2 paragraphs (1) and (2), a State shall not

3 be required to pay to the Federal Govern4 ment the Federal share of an amount col5 lected on behalf of a family that is a recipi6 ent of assistance under the State program

7 funded under part A and, if the family in8 cludes an adult, that has received the as9 sistance for not more than 5 years after

10 the date of the enactment of this para11 graph, to the extent that—

12 ‘‘(I) the State pays the amount

13 to the family; and

14 ‘‘(II) subject to clause (ii), the

15 amount is disregarded in determining

16 the amount and type of the assistance

17 provided to the family.

18 ‘‘(ii) LIMITATION.—Of the amount

19 disregarded as described in clause (i)(II),

20 the maximum amount that may be taken

21 into account for purposes of clause (i) shall

22 not exceed $400 per month, except that, in

23 the case of a family that includes two or

24 more children, the State may elect to in-
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1 crease the maximum amount to not more

2 than $600 per month.

3 ‘‘(8) STATES WITH DEMONSTRATION WAIV4 ERS.—Notwithstanding the preceding paragraphs,

5 States with demonstration waivers under section

6 1115, effective on or before October 1, 1997, the

7 terms of which allow pass through of child support

8 payments, may pass through payments in accord9 ance with such terms with respect to families subject

10 to the waiver.’’.

11 (B) APPROVAL OF ESTIMATION PROCE12 DURES.—Not later than October 1, 2001, the

13 Secretary of Health and Human Services, in

14 consultation with the States (as defined for

15 purposes of part D of title IV of the Social Se16 curity Act), shall establish the procedures to be

17 used to make the estimate described in section

18 457(a)(6) of such Act.

19 (2) CURRENT SUPPORT AMOUNT DEFINED.—

20 Section 457(c) of such Act (42 U.S.C. 657(c)) is

21 amended by adding at the end the following:

22 ‘‘(5) CURRENT SUPPORT AMOUNT.—The term

23 ‘current support amount’ means, with respect to

24 amounts collected as support on behalf of a family,

25 the amount designated as the monthly support obli-
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1 gation of the noncustodial parent in the order re2 quiring the support.’’.

3 (c) BAN ON RECOVERY OF MEDICAID COSTS FOR

4 CERTAIN BIRTHS.—Section 454 of such Act (42 U.S.C.

5 654) is amended—

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

7 (32);

8 (2) by striking the period at the end of para9 graph (33) and inserting ‘‘; and’’; and

10 (3) by inserting after paragraph (33) the fol11 lowing:

12 ‘‘(34) provide that the State shall not use the

13 State program operated under this part to collect

14 any amount owed to the State by reason of costs in15 curred under the State plan approved under title

16 XIX for the birth of a child for whom support rights

17 have been assigned pursuant to section 408(a)(3),

18 471(a)(17), or 1912.’’.

19 (d) STATE OPTION TO DISCONTINUE PRE-1997 SUP20 PORT ASSIGNMENTS.—Section 457(b) of such Act (42

21 U.S.C. 657(b)) is amended by striking ‘‘shall’’ and insert22 ing ‘‘may’’.

23 (e) CONFORMING AMENDMENTS.—
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1 (1) Section 409(a)(7)(B)(i)(I)(aa) of such Act

2 (42 U.S.C. 609(a)(7)(B)(i)(I)(aa)) is amended by

3 striking ‘‘457(a)(1)(B)’’ and inserting ‘‘457(a)(1)’’.

4 (2) Section 404(a) of such Act (42 U.S.C.

5 604(a)) is amended—

6 (A) by striking ‘‘or’’ at the end of para7 graph (1);

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

9 paragraph (2) and inserting ‘‘; or’’; and

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

11 ‘‘(3) to fund payment of an amount pursuant to

12 clause (i) or (ii) of section 457(a)(2)(B), but only to

13 the extent that the State properly elects under sec14 tion 457(a)(6) to use the grant to fund the pay15 ment.’’.

16 (3) Section 409(a)(7)(B)(i) of such Act (42

17 U.S.C. 609(a)(7)(B)(i)) is amended by adding at the

18 end the following:

19 ‘‘(V) PORTIONS OF CERTAIN

20 CHILD SUPPORT PAYMENTS COL21 LECTED ON BEHALF OF AND DISTRIB22 UTED TO FAMILIES NO LONGER RE23 CEIVING ASSISTANCE.—Any amount

24 paid by a State pursuant to clause (i)

25 or (ii) of section 457(a)(2)(B), but
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1 only to the extent that the State prop2 erly elects under section 457(a)(6) to

3 have the payment considered a quali4 fied State expenditure.’’.

5 (f) EFFECTIVE DATE.—

6 (1) IN GENERAL.—The amendments made by

7 this section shall take effect on October 1, 2005,

8 and shall apply to payments under parts A and D

9 of title IV of the Social Security Act for calendar

10 quarters beginning on or after such date, and with11 out regard to whether regulations to implement such

12 amendments (in the case of State programs operated

13 under such part D) are promulgated by such date.

14 (2) STATE OPTION TO ACCELERATE EFFECTIVE

15 DATE.—In addition, a State may elect to have the

16 amendments made by this section apply to the State

17 and to amounts collected by the State, on and after

18 such date as the State may select that is after the

19 date of the enactment of this Act and before October

20 1, 2005.
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1 TITLE II—REVIEW AND ADJUST2 MENT OF CHILD SUPPORT

3 ORDERS

4 SEC. 201. MANDATORY REVIEW AND MODIFICATION OF

5 CHILD SUPPORT ORDERS FOR TANF RECIPI6 ENTS.

7 (a) REVIEW EVERY 3 YEARS.—Section

8 466(a)(10)(A)(i) of the Social Security Act (42 U.S.C.

9 666(a)(10)(A)(i)) is amended—

10 (1) by striking ‘‘or,’’ and inserting ‘‘or’’; and

11 (2) by striking ‘‘upon the request of the State

12 agency under the State plan or of either parent,’’.

13 (b) REVIEW UPON LEAVING TANF.—

14 (1) NOTICE OF CERTAIN FAMILIES LEAVING

15 TANF.—Section 402(a) of such Act (42 U.S.C.

16 602(a)) is amended by adding at the end the fol17 lowing:

18 ‘‘(8) CERTIFICATION THAT THE CHILD SUP19 PORT ENFORCEMENT PROGRAM WILL BE PROVIDED

20 NOTICE OF CERTAIN FAMILIES LEAVING TANF PRO21 GRAM.—A certification by the chief executive officer

22 of the State that the State has established proce23 dures to ensure that the State agency administering

24 the child support enforcement program under the

25 State plan approved under part D will be provided
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1 notice of the impending discontinuation of assistance

2 to an individual under the State program funded

3 under this part if the individual has custody of a

4 child whose other parent is alive and not living at

5 home with the child.’’.

6 (2) REVIEW.—Section 466(a)(10) of such Act

7 (42 U.S.C. 666(a)(10)) is amended—

8 (A) in the paragraph heading, by striking

9 ‘‘UPON REQUEST’’;

10 (B) in subparagraph (C), by striking ‘‘this

11 paragraph’’ and inserting ‘‘subparagraph (A) or

12 (B)’’; and

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

14 ‘‘(D) REVIEW UPON LEAVING TANF.—On

15 receipt of a notice issued pursuant to section

16 402(a)(8), the State child support enforcement

17 agency shall—

18 ‘‘(i) examine the case file involved;

19 ‘‘(ii) determine what actions (if any)

20 are needed to locate any noncustodial par21 ent, establish paternity or a support order,

22 or enforce a support order in the case;

23 ‘‘(iii) immediately take the actions;

24 and
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1 ‘‘(iv) if there is a support order in the

2 case which the State has not reviewed dur3 ing the 1-year period ending with receipt

4 of the notice, notwithstanding subpara5 graph (B), review and, if appropriate, ad6 just the order in accordance with subpara7 graph (A).’’.

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

9 this section shall take effect on October 1, 2002.

10 TITLE III—DEMONSTRATIONS OF

11 EXPANDED INFORMATION

12 AND ENFORCEMENT

13 SEC. 301. GUIDELINES FOR INVOLVEMENT OF PUBLIC NON14 IV–D CHILD SUPPORT ENFORCEMENT AGEN15 CIES IN CHILD SUPPORT ENFORCEMENT.

16 (a) IN GENERAL.—Not later than October 1, 2001,

17 the Secretary, in consultation with States, local govern18 ments, and individuals or companies knowledgeable about

19 involving public non-IV–D child support enforcement

20 agencies in child support enforcement, shall develop rec21 ommendations which address the participation of public

22 non-IV–D child support enforcement agencies in the es23 tablishment and enforcement of child support obligations.

24 The matters addressed by the recommendations shall in25 clude substantive and procedural rules which should be
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1 followed with respect to privacy safeguards, data security,

2 due process rights, administrative compatibility with State

3 and Federal automated systems, eligibility requirements

4 (such as registration, licensing, and posting of bonds) for

5 access to information and use of enforcement mechanisms,

6 recovery of costs by charging fees, penalties for violations

7 of the rules, treatment of collections for purposes of sec8 tion 458 of such Act, and avoidance of duplication of ef9 fort.

10 (b) DEFINITIONS.—In this title:

11 (1) CHILD SUPPORT.—The term ‘‘child sup12 port’’ has the meaning given in section 459(i)(2) of

13 the Social Security Act.

14 (2) PUBLIC NON-IV–D CHILD SUPPORT EN15 FORCEMENT AGENCY.—The term ‘‘public non-IV–D

16 child support enforcement agency’’ means an agency,

17 of a political subdivision of a State, which is prin18 cipally responsible for the operation of a child sup19 port registry or for the establishment or enforcement

20 of an obligation to pay child support other than pur21 suant to the State plan approved under part D of

22 title IV of such Act, or a clerk of court office of a

23 political subdivision of a State.

24 (3) SECRETARY.—The term ‘‘Secretary’’ means

25 the Secretary of Health and Human Services.
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1 (4) STATE.—The term ‘‘State’’ shall have the

2 meaning given in section 1101(a)(1) of the Social

3 Security Act for purposes of part D of title IV of

4 such Act.

5 SEC. 302. DEMONSTRATIONS INVOLVING ESTABLISHMENT

6 AND ENFORCEMENT OF CHILD SUPPORT OB7 LIGATIONS BY PUBLIC NON-IV–D CHILD SUP8 PORT ENFORCEMENT AGENCIES.

9 (a) PURPOSE.—The purpose of this section is to de10 termine the extent to which public non-IV–D child support

11 enforcement agencies may contribute effectively to the es12 tablishment and enforcement of child support obligations.

13 (b) APPLICATIONS.—

14 (1) CONSIDERATION.—The Secretary shall con15 sider all applications received from States desiring to

16 conduct demonstration projects under this section.

17 (2) PREFERENCES.—In considering which ap18 plications to approve under this section, the Sec19 retary shall give preference to applications submitted

20 by States that had a public non-IV–D child support

21 enforcement agency as of January 1, 2000.

22 (3) APPROVAL.—

23 (A) TIMING; LIMITATION ON NUMBER OF

24 PROJECTS.—On July 1, 2002, the Secretary

25 may approve not more than 10 applications for
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1 projects providing for the participation of a

2 public non-IV–D child support enforcement

3 agency in the establishment and enforcement of

4 child support obligations, and, if the Secretary

5 receives at least five such applications that meet

6 such requirements as the Secretary may estab7 lish, shall approve not less than five such appli8 cations.

9 (B) REQUIREMENTS.—The Secretary may

10 not approve an application for a project

11 unless—

12 (i) the applicant and the Secretary

13 have entered into a written agreement

14 which addresses at a minimum, privacy

15 safeguards, data security, due process

16 rights, automated systems, liability, over17 sight, and fees, and the applicant has

18 made a commitment to conduct the project

19 in accordance with the written agreement

20 and such other requirements as the Sec21 retary may establish;

22 (ii) the project includes a research

23 plan (but such plan shall not be required

24 to use random assignment) that is focused
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1 on assessing the costs and benefits of the

2 project; and

3 (iii) the project appears likely to con4 tribute significantly to the achievement of

5 the purpose of this title.

6 (c) DEMONSTRATION AUTHORITY.—On approval of

7 an application submitted by a State under this section—

8 (1) the State agency responsible for admin9 istering the State plan under part D of title IV of

10 the Social Security Act may, subject to the privacy

11 safeguards of section 454(26) of such Act, provide

12 to any public non-IV–D child support enforcement

13 agency participating in the demonstration project all

14 information in the State Directory of New Hires and

15 any information obtained through information com16 parisons under section 453(j)(3) of such Act about

17 an individual with respect to whom the public non18 IV–D agency is seeking to establish or enforce a

19 child support obligation, if the public non-IV–D

20 agency meets such requirements as the State may

21 establish and has entered into an agreement with

22 the State under which the public non-IV–D agency

23 has made a binding commitment to carry out estab24 lishment and enforcement activities with respect to

25 the child support obligation subject to the same data
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1 security, privacy protection, and due process require2 ments applicable to the State agency and in accord3 ance with procedures approved by the head of the

4 State agency;

5 (2) the State agency may charge and collect

6 fees from any such public non-IV–D agency to re7 cover costs incurred by the State agency in providing

8 information and services to the public non-IV–D

9 agency under the demonstration project;

10 (3) if a public non-IV–D child support enforce11 ment agency has agreed to collect past-due support

12 (as defined in section 464(c) of such Act) owed by

13 a named individual, and the State agency has sub14 mitted a notice to the Secretary of the Treasury

15 pursuant to section 464 of such Act on behalf of the

16 public non-IV–D agency, then the Secretary of the

17 Treasury shall consider the State agency to have

18 agreed to collect such support for purposes of such

19 section 464, and the State agency may collect from

20 the public non-IV–D agency any fee which the State

21 is required to pay for the cost of applying the offset

22 procedure in the case;

23 (4) for so long as a public non-IV–D child sup24 port enforcement agency is participating in the dem25 onstration project, the public non-IV–D agency shall
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1 be considered part of the State agency for purposes

2 of section 469A of such Act; and

3 (5) for so long as a public non-IV–D child sup4 port enforcement agency is participating in the dem5 onstration project, the public non-IV–D agency shall

6 be considered part of the State agency for purposes

7 of section 303(e) of such Act but only with respect

8 to any child support obligation that the public non9 IV–D agency has agreed to collect.

10 (d) WAIVER AUTHORITY.—The Secretary may waive

11 or vary the applicability of any provision of section 303(e),

12 454(31), 464, 466(a)(7), 466(a)(17), and 469A of the So13 cial Security Act to the extent necessary to enable the con14 duct of demonstration projects under this section, subject

15 to the preservation of the data security, privacy protection,

16 and due process requirements of part D of title IV of such

17 Act.

18 (e) FEDERAL AUDIT.—

19 (1) IN GENERAL.—The Comptroller General of

20 the United States shall conduct an audit of the dem21 onstration projects conducted under this section for

22 the purpose of examining and evaluating the manner

23 in which information and enforcement tools are used

24 by the public non-IV–D child support enforcement

25 agencies participating in the projects.
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1 (2) REPORT TO THE CONGRESS.—

2 (A) IN GENERAL.—The Comptroller Gen3 eral of the United States shall submit to the

4 Congress a report on the audit required by

5 paragraph (1).

6 (B) TIMING.—The report required by sub7 paragraph (A) shall be so submitted not later

8 than October 1, 2004.

9 (f) SECRETARIAL REPORT TO THE CONGRESS.—

10 (1) IN GENERAL.—The Secretary shall submit

11 to the Congress a report on the demonstration

12 projects conducted under this section, which shall in13 clude the results of any research or evaluation con14 ducted pursuant to this title, and shall include policy

15 recommendations regarding the establishment and

16 enforcement of child support obligations by the

17 agencies involved.

18 (2) TIMING.—The report required by paragraph

19 (1) shall be so submitted not later than October 1,

20 2005.

21 SEC. 303. GAO REPORT TO CONGRESS ON PRIVATE CHILD

22 SUPPORT ENFORCEMENT AGENCIES.

23 (a) IN GENERAL.—Not later than October 1, 2001,

24 the Comptroller General of the United States shall submit

25 to the Congress a report on the activities of private child
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1 support enforcement agencies that shall be designed to

2 help the Congress determine whether the agencies are pro3 viding a needed service in a fair manner using accepted

4 debt collection practices and at a reasonable fee.

5 (b) MATTERS TO BE ADDRESSED.—Among the mat6 ters addressed by the report required by subsection (a)

7 shall be the following:

8 (1) The number of private child support en9 forcement agencies.

10 (2) The types of debt collection activities con11 ducted by the private agencies.

12 (3) The fees charged by the private agencies.

13 (4) The methods used by the private agencies

14 to collect fees from custodial parents.

15 (5) The nature and degree of cooperation the

16 private agencies receive from State agencies respon17 sible for administering State plans under part D of

18 title IV of the Social Security Act.

19 (6) The extent to which the conduct of the pri20 vate agencies is subject to State or Federal regula21 tion, and if so, the extent to which the regulations

22 are effectively enforced.

23 (7) The amount of child support owed but un24 collected and changes in this amount in recent years.
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1 (8) The average period of time required for the

2 completion of successful enforcement actions yielding

3 collections of past-due child support by both the

4 child support enforcement programs operated pursu5 ant to State plans approved under part D of title IV

6 of the Social Security Act and, to the extent known,

7 by private child support enforcement agencies.

8 (9) The types of Federal and State child sup9 port enforcement remedies and resources currently

10 available to private child support enforcement agen11 cies, and the types of such remedies and resources

12 now restricted to use by State agencies admin13 istering State plans referred to in paragraph (8).

14 (c) PRIVATE CHILD SUPPORT ENFORCEMENT AGEN15 CY DEFINED.—In this section, the term ‘‘private child

16 support enforcement agency’’ means a person or any other

17 non-public entity which seeks to establish or enforce an

18 obligation to pay child support (as defined in section

19 459(i)(2) of the Social Security Act).

20 SEC. 304. EFFECTIVE DATE.

21 This title shall take effect on the date of the enact22 ment of this Act.
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1 TITLE IV—EXPANDED

2 ENFORCEMENT

3 SEC. 401. DECREASE IN AMOUNT OF CHILD SUPPORT AR4 REARAGE TRIGGERING PASSPORT DENIAL.

5 Section 452(k) of the Social Security Act (42 U.S.C.

6 652(k)) is amended by striking ‘‘$5,000’’ and inserting

7 ‘‘$2,500’’.

8 SEC. 402. USE OF TAX REFUND INTERCEPT PROGRAM TO

9 COLLECT PAST-DUE CHILD SUPPORT ON BE10 HALF OF CHILDREN WHO ARE NOT MINORS.

11 Section 464 of the Social Security Act (42 U.S.C.

12 664) is amended—

13 (1) in subsection (a)(2)(A), by striking ‘‘(as

14 that term is defined for purposes of this paragraph

15 under subsection (c))’’; and

16 (2) in subsection (c)—

17 (A) in paragraph (1)—

18 (i) by striking ‘‘(1) Except as pro19 vided in paragraph (2), as used in’’ and in20 serting ‘‘In’’; and

21 (ii) by inserting ‘‘(whether or not a

22 minor)’’ after ‘‘a child’’ each place it ap23 pears; and

24 (B) by striking paragraphs (2) and (3).
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1 SEC. 403. GARNISHMENT OF COMPENSATION PAID TO VET2 ERANS FOR SERVICE-CONNECTED DISABIL3 ITIES IN ORDER TO ENFORCE CHILD SUP4 PORT OBLIGATIONS.

5 Section 459(h) of the Social Security Act (42 U.S.C.

6 659(h)) is amended—

7 (1) in paragraph (1)(A)(ii)—

8 (A) in subclause (IV), by striking ‘‘or’’

9 after the semicolon;

10 (B) in subclause (V), by adding ‘‘or’’ after

11 the semicolon; and

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

13 ‘‘(VI) subject to paragraph (3),

14 other than periodic benefits or pay15 ments described in subclause (V), by

16 the Secretary of Veterans Affairs as

17 compensation for a service-connected

18 disability paid by the Secretary to a

19 former member of the Armed

20 Forces;’’; and

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

22 ‘‘(3) LIMITATIONS WITH RESPECT TO COM23 PENSATION PAID TO VETERANS FOR SERVICE-CON24 NECTED DISABILITIES.—

25 ‘‘(A) ALIMONY AND CHILD SUPPORT.—

26 Subject to subparagraph (B), compensation de-
27

•S 3189 IS

1 scribed in paragraph (1)(A)(ii)(VI) shall not be

2 subject to withholding pursuant to this

3 section—

4 ‘‘(i) for payment of alimony; or

5 ‘‘(ii) for payment of child support if

6 the individual is fewer than 60 days in ar7 rears in payment of the support.

8 ‘‘(B) LIMITATION.—Not more than 50 per9 cent of any payment of compensation described

10 in subparagraph (A) may be withheld pursuant

11 to this section.’’.

12 TITLE V—FATHERHOOD

13 PROGRAMS

14 SEC. 501. FATHERHOOD GRANTS.

15 (a) IN GENERAL.—Part A of title IV of the Social

16 Security Act (42 U.S.C. 601 et seq.) is amended by insert17 ing after section 403 the following:

18 ‘‘SEC. 403A. FATHERHOOD PROGRAMS.

19 ‘‘(a) PURPOSE.—The purpose of this section is to

20 make grants available to public and private entities for

21 projects designed to—

22 ‘‘(1) promote marriage through such activities

23 as—

24 ‘‘(A) counseling, mentoring, disseminating

25 information about the advantages of marriage,
28

•S 3189 IS

1 enhancing relationship skills, teaching how to

2 control aggressive behavior, disseminating infor3 mation on the causes and treatment of domestic

4 violence and child abuse, and other methods;

5 and

6 ‘‘(B) sustaining marriages through mar7 riage preparation programs, premarital coun8 seling, and marital inventories, and through di9 vorce education and reduction programs, includ10 ing mediation and counseling;

11 ‘‘(2) promote successful parenting through such

12 activities as counseling, mentoring, disseminating in13 formation about good parenting practices including

14 prepregnancy family planning, training parents in

15 money management, encouraging child support pay16 ments, encouraging regular visitation between fa17 thers and their children, and other methods; and

18 ‘‘(3) help fathers and their families avoid or

19 leave cash welfare provided by the program under

20 part A and improve their economic status by pro21 viding such activities as work first services, job

22 search, job training, subsidized employment, career23 advancing education, job retention, job enhancement,

24 and other methods.

25 ‘‘(b) FATHERHOOD GRANTS.—
29

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1 ‘‘(1) APPLICATIONS.—An entity desiring a

2 grant to carry out a project described in subsection

3 (a) may submit to the Secretary an application that

4 contains the following:

5 ‘‘(A) A description of the project and how

6 the project will be carried out.

7 ‘‘(B) A description of how the project will

8 address all three of the purposes of this section.

9 ‘‘(C) A written commitment by the entity

10 that the project will allow an individual to par11 ticipate in the project only if the individual is—

12 ‘‘(i) a father of a child who is, or

13 within the past 24 months has been, a re14 cipient of assistance or services under a

15 State program funded under this part;

16 ‘‘(ii) a father, including an expectant

17 or married father, whose income (net of

18 court-ordered child support) is less than

19 150 percent of the poverty line (as defined

20 in section 673(2) of the Omnibus Budget

21 Reconciliation Act of 1981, including any

22 revision required by such section, applica23 ble to a family of the size involved);

24 ‘‘(iii) a parent referred to in para25 graph (3)(A)(iii); or
30

•S 3189 IS

1 ‘‘(iv) at risk of parenthood outside

2 marriage, but not more than 25 percent of

3 the participants in the project may qualify

4 for participation under this clause.

5 ‘‘(D) A written commitment by the entity

6 that the entity will provide for the project, from

7 funds obtained from non-Federal sources,

8 amounts (including in-kind contributions) equal

9 in value to—

10 ‘‘(i) 20 percent of the amount of any

11 grant made to the entity under this sub12 section; or

13 ‘‘(ii) such lesser percentage as the

14 Secretary deems appropriate (which shall

15 be not less than 10 percent) of such

16 amount, if the application demonstrates

17 that there are circumstances that limit the

18 ability of the entity to raise funds or ob19 tain resources.

20 ‘‘(E) A written commitment by the entity

21 that the entity will make available to each indi22 vidual participating in the project education

23 about the causes of domestic violence and child

24 abuse and local programs to prevent and treat

25 abuse, education about alcohol, tobacco, and
31

•S 3189 IS

1 other drugs and the effects of abusing such

2 substances, and information about sexually

3 transmitted diseases and their transmission, in4 cluding HIV/AIDS and human papillomavirus

5 (HPV).

6 ‘‘(2) CONSIDERATION OF APPLICATIONS BY

7 INTERAGENCY PANEL.—

8 ‘‘(A) ESTABLISHMENT.—There is estab9 lished a panel to be known as the ‘Fatherhood

10 Grants Recommendations Panel’ (in this sub11 paragraph referred to as the ‘Panel’).

12 ‘‘(B) MEMBERSHIP.—

13 ‘‘(i) IN GENERAL.—The Panel shall be

14 composed of 10 members, as follows:

15 ‘‘(I) Two members of the Panel

16 shall be appointed by the Secretary.

17 ‘‘(II) Two members of the Panel

18 shall be appointed by the Secretary of

19 Labor.

20 ‘‘(III) Two members of the Panel

21 shall be appointed by the Chairman of

22 the Committee on Ways and Means of

23 the House of Representatives.

24 ‘‘(IV) One member of the Panel

25 shall be appointed by the ranking mi-
32

•S 3189 IS

1 nority member of the Committee on

2 Ways and Means of the House of

3 Representatives.

4 ‘‘(V) Two members of the Panel

5 shall be appointed by the Chairman of

6 the Committee on Finance of the Sen7 ate.

8 ‘‘(VI) One member of the Panel

9 shall be appointed by the ranking mi10 nority member of the Committee on

11 Finance of the Senate.

12 ‘‘(ii) QUALIFICATIONS.—An individual

13 shall not be eligible to serve on the Panel

14 unless the individual has experience in pro15 grams for fathers, programs for the poor,

16 programs for children, program adminis17 tration, program research, or programs of

18 domestic violence prevention and treat19 ment.

20 ‘‘(iii) CONFLICTS OF INTEREST.—An

21 individual shall not be eligible to serve on

22 the Panel if such service would pose a con23 flict of interest for the individual.

24 ‘‘(iv) TIMING OF APPOINTMENTS.—

25 The appointment of members to the Panel
33

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1 shall be completed not later than April 1,

2 2001.

3 ‘‘(C) DUTIES.—

4 ‘‘(i) REVIEW AND MAKE REC5 OMMENDATIONS ON PROJECT APPLICA6 TIONS.—The Panel shall review all applica7 tions submitted pursuant to paragraph (1),

8 and make recommendations to the Sec9 retary regarding which applicants should

10 be awarded grants under this subsection,

11 with due regard for the provisions of para12 graph (3), but shall not recommend that a

13 project be awarded such a grant if the ap14 plication describing the project does not at15 tempt to meet the requirement of para16 graph (1)(B).

17 ‘‘(ii) TIMING.—The Panel shall make

18 such recommendations not later than Octo19 ber 1, 2001.

20 ‘‘(D) TERM OF OFFICE.—Each member

21 appointed to the Panel shall serve for the life

22 of the Panel.

23 ‘‘(E) PROHIBITION ON COMPENSATION.—

24 Members of the Panel may not receive pay, al-
34

•S 3189 IS

1 lowances, or benefits by reason of their service

2 on the Panel.

3 ‘‘(F) TRAVEL EXPENSES.—Each member

4 of the Panel shall receive travel expenses, in5 cluding per diem in lieu of subsistence, in ac6 cordance with sections 5702 and 5703 of title

7 5, United States Code.

8 ‘‘(G) MEETINGS.—The Panel shall meet as

9 often as is necessary to complete the business

10 of the Panel.

11 ‘‘(H) CHAIRPERSON.—The Chairperson of

12 the Panel shall be designated by the Secretary

13 at the time of appointment.

14 ‘‘(I) STAFF OF FEDERAL AGENCIES.—The

15 Secretary may detail any personnel of the De16 partment of Health and Human Services and

17 the Secretary of Labor may detail any per18 sonnel of the Department of Labor to the Panel

19 to assist the Panel in carrying out its duties

20 under this paragraph.

21 ‘‘(J) OBTAINING OFFICIAL DATA.—The

22 Panel may secure directly from any department

23 or agency of the United States information nec24 essary to enable it to carry out this paragraph.

25 On request of the Chairperson of the Panel, the
35

•S 3189 IS

1 head of the department or agency shall furnish

2 that information to the Panel.

3 ‘‘(K) MAILS.—The Panel may use the

4 United States mails in the same manner and

5 under the same conditions as other departments

6 and agencies of the United States.

7 ‘‘(L) TERMINATION.—The Panel shall ter8 minate on October 1, 2001.

9 ‘‘(3) RULES GOVERNING GRANTS.—

10 ‘‘(A) GRANT AWARDS.—

11 ‘‘(i) IN GENERAL.—The Secretary

12 shall award matching grants, on a competi13 tive basis, among entities submitting appli14 cations therefor which meet the require15 ments of paragraph (1), in amounts that

16 take into account the written commitments

17 referred to in paragraph (1)(D).

18 ‘‘(ii) TIMING.—On October 1, 2001,

19 the Secretary shall award not more than

20 $140,000,000 in matching grants after

21 considering the recommendations sub22 mitted pursuant to paragraph (2)(C)(i).

23 ‘‘(iii) NONDISCRIMINATION.—The pro24 visions of this section shall be applied and

25 administered so as to ensure that mothers,
36

•S 3189 IS

1 expectant mothers, and married mothers

2 are eligible for benefits and services under

3 projects awarded grants under this section

4 on the same basis as fathers, expectant fa5 thers, and married fathers.

6 ‘‘(B) PREFERENCES.—In determining

7 which entities to which to award grants under

8 this subsection, the Secretary shall give pref9 erence to an entity—

10 ‘‘(i) to the extent that the application

11 submitted by the entity sets forth clear

12 and practical methods to encourage and

13 sustain marriage;

14 ‘‘(ii) to the extent that the application

15 submitted by the entity describes actions

16 that the entity will take that are designed

17 to encourage or facilitate the payment of

18 child support, including but not limited

19 to—

20 ‘‘(I) obtaining a written commit21 ment by the agency responsible for

22 administering the State plan approved

23 under part D for the State in which

24 the project is to be carried out that

25 the State will voluntarily cancel child
37

•S 3189 IS

1 support arrearages owed to the State

2 by the father as a result of the father

3 providing various supports to the fam4 ily such as maintaining a regular child

5 support payment schedule, living with

6 his children, or marrying the mother

7 of his children, unless the father has

8 been convicted of a crime involving

9 domestic violence or child abuse;

10 ‘‘(II) obtaining a written commit11 ment by the entity that the entity will

12 help participating fathers who cooper13 ate with the agency in improving their

14 credit rating; and

15 ‘‘(III) helping fathers arrange

16 and maintain a consistent schedule of

17 visits with their children, unless it

18 would be unsafe;

19 ‘‘(iii) to the extent that the applica20 tion includes written agreements of co21 operation with other private and govern22 mental agencies, including the State or

23 local program funded under this part, the

24 local Workforce Investment Board, the

25 State or local program funded under part
38

•S 3189 IS

1 D, community-based domestic violence pro2 grams, and the State or local program

3 funded under part E, which should include

4 a description of the services each such

5 agency will provide to fathers participating

6 in the project described in the application;

7 ‘‘(iv) to the extent that the application

8 describes a project that will enroll a high

9 percentage of project participants within 6

10 months before or after the birth of the

11 child; or

12 ‘‘(v) to the extent that the application

13 sets forth clear and practical methods by

14 which fathers will be recruited to partici15 pate in the project.

16 ‘‘(C) MINIMUM PERCENTAGE OF RECIPI17 ENTS OF GRANT FUNDS TO BE NONGOVERN18 MENTAL (INCLUDING FAITH-BASED) ORGANIZA19 TIONS.—Not less than 75 percent of the enti20 ties awarded grants under this subsection in

21 each fiscal year (other than entities awarded

22 such grants pursuant to the preferences re23 quired by subparagraph (B)) shall be awarded

24 to—
39

•S 3189 IS

1 ‘‘(i) nongovernmental (including faith2 based) organizations; or

3 ‘‘(ii) governmental organizations that

4 pass through to organizations referred to

5 in clause (i) at least 50 percent of the

6 amount of the grant.

7 ‘‘(D) DIVERSITY OF PROJECTS.—

8 ‘‘(i) IN GENERAL.—In determining

9 which entities to which to award grants

10 under this subsection, the Secretary shall

11 attempt to achieve a balance among enti12 ties of differing sizes, entities in differing

13 geographic areas, entities in urban versus

14 rural areas, and entities employing dif15 fering methods of achieving the purposes

16 of this section.

17 ‘‘(ii) REPORT TO THE CONGRESS.—

18 Within 90 days after each award of grants

19 under subparagraph (A)(ii), the Secretary

20 shall submit to the Committee on Ways

21 and Means of the House of Representa22 tives and the Committee on Finance of the

23 Senate a brief report on the diversity of

24 projects selected to receive funds under the

25 grant program. The report shall include a
40

•S 3189 IS

1 comparison of funding for projects located

2 in urban areas, projects located in subur3 ban areas, and projects located in rural

4 areas.

5 ‘‘(E) PAYMENT OF GRANT IN FOUR EQUAL

6 ANNUAL INSTALLMENTS.—During the fiscal

7 year in which a grant is awarded under this

8 subsection and each of the succeeding 3 fiscal

9 years, the Secretary shall provide to the entity

awarded the grant an amount equal to 1 10 ⁄4 of

11 the amount of the grant.

12 ‘‘(4) USE OF FUNDS.—

13 ‘‘(A) IN GENERAL.—Each entity to which

14 a grant is made under this section shall use

15 grant funds provided under this section in ac16 cordance with the application requesting the

17 grant, the requirements of this section, and the

18 regulations prescribed under this section, and

19 may use grant funds to support community20 wide initiatives to address the purposes of this

21 section, but may not use grant funds for court

22 proceedings on matters of child visitation or

23 child custody or for legislative advocacy.

24 ‘‘(B) NONDISPLACEMENT.—
41

•S 3189 IS

1 ‘‘(i) IN GENERAL.—An adult in a

2 work activity described in section 407(d)

3 which is funded, in whole or in part, by

4 funds provided under this section shall not

5 be employed or assigned—

6 ‘‘(I) when any other individual is

7 on layoff from the same or any sub8 stantially equivalent job; or

9 ‘‘(II) if the employer has termi10 nated the employment of any regular

11 employee or otherwise caused an in12 voluntary reduction of its workforce in

13 order to fill the vacancy so created

14 with such an adult.

15 ‘‘(ii) GRIEVANCE PROCEDURE.—

16 ‘‘(I) IN GENERAL.—Complaints

17 alleging violations of clause (i) in a

18 State may be resolved—

19 ‘‘(aa) if the State has estab20 lished a grievance procedure

21 under section 403(a)(5)(I)(iv),

22 pursuant to the grievance proce23 dure; or

24 ‘‘(bb) otherwise, pursuant to

25 the grievance procedure estab-
42

•S 3189 IS

1 lished by the State under section

2 407(f)(3).

3 ‘‘(II) FORFEITURE OF GRANT IF

4 GRIEVANCE PROCEDURE NOT AVAIL5 ABLE.—If a complaint referred to in

6 subclause (I) is made against an enti7 ty to which a grant has been made

8 under this section with respect to a

9 project, and the complaint cannot be

10 brought to, or cannot be resolved

11 within 90 days after being brought, by

12 a grievance procedure referred to in

13 subclause (I), then the entity shall im14 mediately return to the Secretary all

15 funds provided to the entity under

16 this section for the project, and the

17 Secretary shall immediately rescind

18 the grant.

19 ‘‘(C) RULE OF CONSTRUCTION.—This sec20 tion shall not be construed to require the par21 ticipation of a father in a project funded under

22 this section to be discontinued by the project on

23 the basis of changed economic circumstances of

24 the father.
43

•S 3189 IS

1 ‘‘(D) RULE OF CONSTRUCTION ON MAR2 RIAGE.—This section shall not be construed to

3 authorize the Secretary to define marriage for

4 purposes of this section.

5 ‘‘(E) PENALTY FOR MISUSE OF GRANT

6 FUNDS.—If the Secretary determines that an

7 entity to which a grant is made under this sub8 section has used any amount of the grant in

9 violation of subparagraph (A), the Secretary

10 shall require the entity to remit to the Sec11 retary an amount equal to the amount so used,

12 plus all remaining grant funds, and the entity

13 shall thereafter be ineligible for any grant

14 under this subsection.

15 ‘‘(F) REMITTANCE OF UNUSED GRANT

16 FUNDS.—Each entity to which a grant is

17 awarded under this subsection shall remit to

18 the Secretary all funds paid under the grant

19 that remain at the end of the fifth fiscal year

20 ending after the initial grant award.

21 ‘‘(5) AUTHORITY OF AGENCIES TO EXCHANGE

22 INFORMATION.—Each agency administering a pro23 gram funded under this part or a State plan ap24 proved under part D may share the name, address,

25 telephone number, and identifying case number in-
44

•S 3189 IS

1 formation in the State program funded under this

2 part, of fathers for purposes of assisting in deter3 mining the eligibility of fathers to participate in

4 projects receiving grants under this section, and in

5 contacting fathers potentially eligible to participate

6 in the projects, subject to all applicable privacy laws.

7 ‘‘(6) REGULATIONS.—The Secretary shall pre8 scribe such regulations as may be necessary to carry

9 out this subsection.

10 ‘‘(7) LIMITATION ON APPLICABILITY OF OTHER

11 PROVISIONS OF THIS PART.—Sections 404 through

12 410 shall not apply to this section or to amounts

13 paid under this section, and shall not be applied to

14 an entity solely by reason of receipt of funds pursu15 ant to this section. A project shall not be considered

16 a State program funded under this part solely by

17 reason of receipt of funds paid under this section.

18 ‘‘(8) FUNDING.—

19 ‘‘(A) IN GENERAL.—

20 ‘‘(i) INTERAGENCY PANEL.—Of the

21 amounts made available pursuant to sec22 tion 403(a)(1)(E) to carry out this section

23 for fiscal year 2001, a total of $150,000

24 shall be made available for the interagency
45

•S 3189 IS

1 panel established by paragraph (2) of this

2 subsection.

3 ‘‘(ii) GRANTS.—Of the amounts made

4 available pursuant to section 403(a)(1)(E)

5 to carry out this section for fiscal years

6 2002 through 2005, a total of

7 $140,000,000 shall be made available for

8 grants under this subsection.

9 ‘‘(iii) EVALUATION.—Of the amounts

10 made available pursuant to section

11 403(a)(1)(E) to carry out this section for

12 fiscal years 2001 through 2006, a total of

13 $6,000,000 shall be made available for the

14 evaluation required by section 501(d) of

15 the Child Support Distribution Act of

16 2000.

17 ‘‘(B) AVAILABILITY.—

18 ‘‘(i) GRANT FUNDS.—The amounts

19 made available pursuant to subparagraph

20 (A)(ii) shall remain available until the end

21 of fiscal year 2006.

22 ‘‘(ii) EVALUATION FUNDS.—The

23 amounts made available pursuant to sub24 paragraph (A)(iii) shall remain available

25 until the end of fiscal year 2008.’’.
46

•S 3189 IS

1 (b) FUNDING.—Section 403(a)(1)(E) of such Act (42

2 U.S.C. 603(a)(1)(E)) is amended by inserting ‘‘, and for

3 fiscal years 2001 through 2007, such sums as are nec4 essary to carry out section 403A’’ before the period.

5 (c) APPLICABILITY OF CHARITABLE CHOICE PROVI6 SIONS OF WELFARE REFORM.—Section 104 of the Per7 sonal Responsibility and Work Opportunity Reconciliation

8 Act of 1996 (42 U.S.C. 604a) is amended by adding at

9 the end the following:

10 ‘‘(l) Notwithstanding the preceding provisions of this

11 section, this section shall apply to any entity to which

12 funds have been provided under section 403A of the Social

13 Security Act in the same manner in which this section ap14 plies to States, and, for purposes of this section, any

15 project for which such funds are so provided shall be con16 sidered a program described in subsection (a)(2).’’.

17 (d) EVALUATION.—

18 (1) IN GENERAL.—The Secretary of Health and

19 Human Services (in this subsection referred to as

20 the ‘‘Secretary’’), in consultation with the Secretary

21 of Labor, shall, directly or through a grant, con22 tract, or interagency agreement, conduct an evalua23 tion of the projects funded under section

24 403(a)(5)(L) of the Social Security Act (as added by
47

•S 3189 IS

1 section 504(a)) or section 403A of such Act (as

2 added by subsection (a)).

3 (2) OUTCOMES ASSESSMENT.—The evaluation

4 conducted under paragraph (1) shall assess, among

5 other outcomes selected by the Secretary, the effects

6 of the projects on marriage, parenting, employment,

7 earnings, the payment of child support, and the inci8 dence of domestic violence and child abuse.

9 (3) PROJECT SELECTION.—In selecting projects

10 for the evaluation, the Secretary should include

11 projects that, in the Secretary’s judgment, are most

12 likely to impact the matters described in the pur13 poses of the section under which the project is fund14 ed.

15 (4) RANDOM ASSIGNMENT.—In conducting the

16 evaluation, the Secretary should use random assign17 ment wherever possible.

18 SEC. 502. FATHERHOOD PROJECTS OF NATIONAL SIGNIFI19 CANCE.

20 Section 403A of the Social Security Act, as added

21 by section 501, is amended by adding at the end the fol22 lowing:

23 ‘‘(c) FATHERHOOD PROJECTS OF NATIONAL SIG24 NIFICANCE.—
48

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1 ‘‘(1) NATIONAL CLEARINGHOUSE.—The Sec2 retary shall award a $5,000,000 grant to a nation3 ally recognized, nonprofit fatherhood promotion or4 ganization with at least 4 years of experience in de5 signing and disseminating a national public edu6 cation campaign, including the production and suc7 cessful placement of television, radio, and print pub8 lic service announcements which promote the impor9 tance of responsible fatherhood, and with at least 4

10 years experience providing consultation and training

11 to community-based organizations interested in im12 plementing fatherhood outreach, support, or skill de13 velopment programs with an emphasis on promoting

14 married fatherhood as the ideal, to—

15 ‘‘(A) develop, promote, and distribute to

16 interested States, local governments, public

17 agencies, and private nonprofit organizations,

18 including charitable and religious organizations,

19 a media campaign that encourages the appro20 priate involvement of both parents in the life of

21 any child of the parents, and encourages such

22 organizations to develop or sponsor programs

23 that specifically address the issue of responsible

24 fatherhood and the advantages conferred on

25 children by marriage;
49

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1 ‘‘(B) develop a national clearinghouse to

2 assist States, communities, and private entities

3 in efforts to promote and support marriage and

4 responsible fatherhood by collecting, evaluating,

5 and making available (through the Internet and

6 by other means) to all interested parties, infor7 mation regarding media campaigns and father8 hood programs;

9 ‘‘(C) develop and distribute materials that

10 are for use by entities described in subpara11 graph (A) or (B) and that help young adults

12 manage their money, develop the knowledge and

13 skills needed to promote successful marriages,

14 plan for future expenditures and investments,

15 and plan for retirement;

16 ‘‘(D) develop and distribute materials that

17 are for use by entities described in subpara18 graphs (A) and (B) and that list all the sources

19 of public support for education and training

20 that are available to young adults, including

21 government spending programs as well as bene22 fits under Federal and State tax laws; and

23 ‘‘(E) develop and distribute materials that

24 are for use by entities described in subpara25 graphs (A) and (B) and that provide informa-
50

•S 3189 IS

1 tion on domestic violence and child abuse pre2 vention and treatment.

3 ‘‘(2) MULTICITY FATHERHOOD PROJECTS.—

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

5 award a $5,000,000 grant to each of two na6 tionally recognized nonprofit fatherhood pro7 motion organizations which meet the require8 ments of subparagraph (B), at least one of

9 which organizations meets the requirement of

10 subparagraph (C).

11 ‘‘(B) REQUIREMENTS.—The requirements

12 of this subparagraph are the following:

13 ‘‘(i) The organization must have sev14 eral years of experience in designing and

15 conducting programs that meet the pur16 poses described in paragraph (1).

17 ‘‘(ii) The organization must have ex18 perience in simultaneously conducting such

19 programs in more than one major metro20 politan area and in coordinating such pro21 grams with local government agencies and

22 private, nonprofit agencies, including State

23 or local agencies responsible for conducting

24 the program under part D and Workforce

25 Investment Boards.
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1 ‘‘(iii) The organization must submit to

2 the Secretary an application that meets all

3 the conditions applicable to the organiza4 tion under this section and that provides

5 for projects to be conducted in three major

6 metropolitan areas.

7 ‘‘(C) USE OF MARRIED COUPLES TO DE8 LIVER SERVICES IN THE INNER CITY.—The re9 quirement of this subparagraph is that the or10 ganization has extensive experience in using

11 married couples to deliver program services in

12 the inner city.

13 ‘‘(3) PAYMENT OF GRANTS IN FOUR EQUAL AN14 NUAL INSTALLMENTS.—During each of fiscal years

15 2002 through 2005, the Secretary shall provide to

16 each entity awarded a grant under this subsection

an amount equal to 1 17 ⁄4 of the amount of the grant.

18 ‘‘(4) DOMESTIC VIOLENCE INFORMATION.—The

19 organization receiving a grant under paragraph (1)

20 shall consult with domestic violence groups in the

21 development of any media campaign under such

22 grant and any material distributed as part of such

23 campaign shall include a local telephone number or

24 contact information for a domestic violence center or

25 resource.
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1 ‘‘(5) FUNDING.—

2 ‘‘(A) IN GENERAL.—Of the amounts made

3 available pursuant to section 403(a)(1)(E) to

4 carry out this section, $3,750,000 shall be

5 made available for grants under this subsection

6 for each of fiscal years 2002 through 2005.

7 ‘‘(B) AVAILABILITY.—The amounts made

8 available pursuant to subparagraph (A) shall

9 remain available until the end of fiscal year

10 2005.’’.

11 SEC. 503. GRANTS TO STATES TO ENCOURAGE MEDIA CAM12 PAIGNS.

13 (a) IN GENERAL.—Part D of title IV of the Social

14 Security Act (42 U.S.C. 670 et seq.) is amended by adding

15 at the end the following:

16 ‘‘SEC. 469C. GRANTS TO STATES TO ENCOURAGE MEDIA

17 CAMPAIGNS PROMOTING FATHERHOOD

18 SKILLS.

19 ‘‘(a) DEFINITIONS.—In this section:

20 ‘‘(1) CHILDREN AT RISK.—The term ‘children

21 at risk’ means a young child whose family income

22 does not exceed the poverty line (as defined in sec23 tion 673(2) of the Omnibus Budget Reconciliation

24 Act of 1981).
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•S 3189 IS

1 ‘‘(2) MEDIA CAMPAIGN.—The term ‘media cam2 paign’ includes any communication or series of com3 munications prepared for distribution through a

4 broadcasting station, newspaper, magazine, outdoor

5 advertising facility, mailing, or any other type of

6 general public advertising.

7 ‘‘(3) STATE.—The term ‘State’ means any of

8 the several States, the District of Columbia, the

9 Commonwealth of Puerto Rico, the United States

10 Virgin Islands, Guam, American Samoa, and the

11 Commonwealth of the Northern Mariana Islands.

12 ‘‘(4) YOUNG CHILD.—The term ‘young child’

13 means an individual under age 5.

14 ‘‘(b) IN GENERAL.—The Secretary shall award

15 grants in accordance with this section to States for the

16 purpose of encouraging States—

17 ‘‘(1) to develop and carry out media campaigns,

18 in conjunction with local and private organizations

19 within the State, that promote the formation and

20 maintenance of married two-parent families,

21 strengthen fragile families, and promote responsible

22 fatherhood; and

23 ‘‘(2) to obtain donations of media access nec24 essary for such campaigns.
54

•S 3189 IS

1 ‘‘(c) AMOUNT OF GRANT.—The amount of the grant

2 to be made to a State under this section for a fiscal year

3 shall be an amount equal to the lesser of—

4 ‘‘(1) 100 percent of State expenditures during

5 the fiscal year for activities described in subsection

6 (b); or

7 ‘‘(2) the allotment of the State under sub8 section (d) for the fiscal year.

9 ‘‘(d) ALLOTMENTS TO STATES.—

10 ‘‘(1) IN GENERAL.—Except as provided in para11 graph (2), from the funds appropriated under sub12 section (h) for making grants under this section for

13 the fiscal year, the allotment of a State for a fiscal

14 year is equal to the sum of—

15 ‘‘(A) an amount that bears the same ratio

16 to 50 percent of such funds as the number of

17 young children in the State bears to the number

18 of such children in all States; and

19 ‘‘(B) an amount that bears the same ratio

20 to 50 percent of such funds as the number of

21 children at risk in the State bears to the num22 ber of such children in all States.

23 ‘‘(2) MINIMUM ALLOTMENTS.—No allotment

24 for a fiscal year for any State awarded a grant
55

•S 3189 IS

1 under this section for such fiscal year shall be less

2 than—

3 ‘‘(A) in the case of a State other than a

4 commonwealth or territory, 1 percent; and

5 ‘‘(B) in the case of a commonwealth or ter6 ritory, .5 percent,

7 of the total amount of allotments made under this

8 subsection for such fiscal year.

9 ‘‘(e) USE OF FUNDS.—The chief executive officer of

10 a State receiving a grant under this section shall certify

11 that—

12 ‘‘(1) 50 percent of such funds shall be used to

13 strengthen fragile families and promote responsible

14 fatherhood; and

15 ‘‘(2) 50 percent of such funds shall be used to

16 promote the formation and maintenance of married

17 two-parent families.

18 ‘‘(f) STATE EXPENDITURES.—

19 ‘‘(1) CASH OR IN KIND.—State expenditures

20 under subsection (c)(1) may be in cash or in kind,

21 including equipment or services contributed directly

22 or through donations from public entities or private

23 nonprofit organizations, including charitable and re24 ligious organizations. Amounts provided by the Fed25 eral Government, or services assisted or subsidized
56

•S 3189 IS

1 to any significant extent by the Federal Government,

2 may not be included in determining the amount of

3 such State expenditures.

4 ‘‘(2) NO CREDIT FOR PRE-AWARD EXPENDI5 TURES.—Only State expenditures made after a

6 grant has been awarded under this section may be

7 counted for purposes of determining whether the

8 State has satisfied the expenditure requirement

9 under subsection (c)(1).

10 ‘‘(g) STATE ADMINISTRATION.—Each State to which

11 a grant is made under this section—

12 ‘‘(1) may administer State programs funded

13 with the grant directly or through grants to or con14 tracts with local governments and public agencies,

15 and private nonprofit organizations, including chari16 table and religious organizations; and

17 ‘‘(2) shall monitor, evaluate, and annually re18 port on such programs to the Secretary in such

19 manner as the Secretary determines in consultation

20 with the States.

21 The State shall ensure that any entity administering a

22 program under a grant under this section has received

23 State and local domestic violence information and resource

24 materials and the State shall require such entity to coordi-
57

•S 3189 IS

1 nate with State or local domestic violence centers in the

2 development of media campaign programs.

3 ‘‘(h) APPROPRIATIONS.—There is authorized to be

4 appropriated to carry out this section and is appropriated

5 $25,000,000 for each of fiscal years 2001 and 2002 for

6 the purpose of making grants under this section.’’.

7 (b) EVALUATION.—

8 (1) IN GENERAL.—The Secretary of Health and

9 Human Services shall conduct an evaluation of the

10 impact of the media campaigns funded under section

11 469C of the Social Security Act, as added by this

12 section.

13 (2) REPORT.—Not later than December 31,

14 2003, the Secretary of Health and Human Services

15 shall report to Congress the results of the evaluation

16 under paragraph (1).

17 (3) FUNDING.—There is authorized to be ap18 propriated, and is appropriated, $1,000,000 for fis19 cal year 2002 to conduct the evaluation under this

20 subsection to remain available until expended.

21 SEC. 504. RESPONSIBLE FATHERHOOD BLOCK GRANT.

22 (a) GRANT.—Section 403(a)(5) of the Social Security

23 Act (42 U.S.C. 603(a)(5)) is amended by adding at the

24 end the following:
58

•S 3189 IS

1 ‘‘(L) RESPONSIBLE FATHERHOOD BLOCK

2 GRANT.—

3 ‘‘(i) DEFINITIONS.—In this subpara4 graph:

5 ‘‘(I) CHILDREN AT RISK.—The

6 term ‘children at risk’ means a young

7 child whose family income does not

8 exceed the poverty line (as defined in

9 section 673(2) of the Omnibus Budget

10 Reconciliation Act of 1981).

11 ‘‘(II) STATE.—The term ‘State’

12 means the 50 States of the United

13 States, the District of Columbia, the

14 Commonwealth of Puerto Rico, the

15 United States Virgin Islands, Guam,

16 American Samoa, and the Common17 wealth of the Northern Mariana Is18 lands.

19 ‘‘(III) YOUNG CHILD.—The term

20 ‘young child’ means an individual

21 under age 5.

22 ‘‘(ii) AUTHORITY.—The Secretary

23 shall award grants to States in accordance

24 with this subparagraph to encourage

25 States to provide support for the efforts of
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•S 3189 IS

1 local governments and public agencies, and

2 private nonprofit organizations, including

3 charitable and religious organizations, to

4 promote the formation and maintenance of

5 married two-parent families, strengthen

6 fragile families, and promote responsible

7 fatherhood.

8 ‘‘(iii) REQUIREMENT OF MATCHING

9 FUNDS.—

10 ‘‘(I) IN GENERAL.—To be eligible

11 to receive a grant under this subpara12 graph, the State shall agree to make

13 available (directly or through dona14 tions from public entities or profit or

15 nonprofit organizations, including

16 charitable and religious organizations)

17 non-Federal contributions toward the

18 costs of the activities to be carried out

19 by a State pursuant to clause (v) in

20 an amount that is not less than 25

21 percent of such costs.

22 ‘‘(II) DETERMINATION OF

23 AMOUNT CONTRIBUTED.—Non-Fed24 eral contributions required in sub25 clause (I) may be in cash or in kind,
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•S 3189 IS

1 fairly evaluated, including equipment

2 or services. Amounts provided by the

3 Federal Government, or services as4 sisted or subsidized to any significant

5 extent by the Federal Government,

6 may not be included in determining

7 the amount of such non-Federal con8 tributions.

9 ‘‘(iv) ALLOTMENTS TO STATES.—

10 ‘‘(I) IN GENERAL.—Except as

11 provided in subclause (II), from the

12 funds appropriated under clause (viii)

13 for grants under this subparagraph

14 for the fiscal year, the allotment of a

15 State for such fiscal year is equal to

16 the sum of—

17 ‘‘(aa) an amount that bears

18 the same ratio to 50 percent of

19 such funds as the number of

20 young children in the State bears

21 to the number of such children in

22 all States; and

23 ‘‘(bb) an amount that bears

24 the same ratio to 50 percent of

25 such funds as the number of chil-
61

•S 3189 IS

1 dren at risk in the State bears to

2 the number of such children in

3 all States.

4 ‘‘(II) MINIMUM ALLOTMENTS.—

5 No allotment for a fiscal year for any

6 State awarded a grant under this sub7 paragraph for such fiscal year shall be

8 less than—

9 ‘‘(aa) in the case of a State

10 other than a commonwealth or

11 territory, 1 percent; and

12 ‘‘(bb) in the case of a com13 monwealth or territory, 0.5 per14 cent,

15 of the total amount of allotments

16 made under this subparagraph for

17 such fiscal year.

18 ‘‘(v) USE OF FUNDS.—

19 ‘‘(I) IN GENERAL.—A State that

20 receives a grant under this subpara21 graph shall use the funds received to

22 support programs of local govern23 ments and public agencies, and pri24 vate nonprofit organizations, including

25 charitable and religious organizations,
62

•S 3189 IS

1 that encourage the appropriate in2 volvement of both parents in the life

3 of any child of the parents, with a pri4 ority for programs that specifically

5 address the issue of responsible fa6 therhood, promote the formation and

7 maintenance of married 2-parent fam8 ilies, and strengthen fragile families.

9 ‘‘(II) RESTRICTIONS ON USE.—

10 States shall prohibit entities receiving

11 funds under this subparagraph from

12 using such funds for court pro13 ceedings on matters of child visitation

14 or child custody or legislative advo15 cacy.

16 ‘‘(III) DOMESTIC VIOLENCE SUP17 PORT.—States shall require programs

18 receiving funds under this subpara19 graph to coordinate with State and

20 local domestic violence programs and

21 to make available to each individual

22 participating in the program informa23 tion regarding the causes of domestic

24 violence and child abuse and local pro25 grams to prevent and treat abuse.
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•S 3189 IS

1 ‘‘(IV) CERTIFICATION OF SET2 ASIDE.—The chief executive officer of

3 a State receiving funds under this

4 subparagraph shall certify that—

5 ‘‘(aa) 50 percent of such

6 funds shall be used to strengthen

7 fragile families and promote re8 sponsible fatherhood; and

9 ‘‘(bb) 50 percent of such

10 funds shall be used to promote

11 the formation and maintenance

12 of married two-parent families.

13 ‘‘(V) SUPPLEMENT NOT SUP14 PLANT.—

15 ‘‘(aa) IN GENERAL.—Except

16 as provided in item (bb),

17 amounts paid to a State under

18 this subparagraph shall be used

19 to supplement and not supplant

20 other Federal, State, or local

21 funds provided to the State

22 under this part or any other pro23 vision of law.

24 ‘‘(bb) EXCEPTION.—Item

25 (aa) shall not apply to amounts
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•S 3189 IS

1 provided to the State under this

2 part.

3 ‘‘(VI) PREFERENCE.—In award4 ing funds under this subparagraph,

5 States shall give a preference to each

6 program that certifies that the pro7 gram serves participants, a majority

8 of whom meet 1 of the following cri9 teria:

10 ‘‘(aa) The participant is a

11 parent of a child who is, or with12 in the past 24 months has been,

13 a recipient of assistance or serv14 ices under a State program fund15 ed under this part.

16 ‘‘(bb) The participant is a

17 parent, including an expectant

18 parent or a married parent,

19 whose income (after adjustment

20 for court-ordered child support

21 paid or received) does not exceed

22 150 percent of the poverty line

23 (as defined in section 673(2) of

24 the Omnibus Budget Reconcili-
65

•S 3189 IS

1 ation Act of 1981) applicable to

2 the family.

3 The method of implementing such

4 preference shall be determined by the

5 State.

6 ‘‘(vi) STATE ADMINISTRATION.—Each

7 State to which a grant is made under this

8 subparagraph shall monitor, evaluate, and

9 provide a report on programs funded with

10 this grant to the Secretary in such manner

11 as the Secretary determines in consultation

12 with the States.

13 ‘‘(vii) COORDINATION WITH OTHER

14 PROVISIONS.—

15 ‘‘(I) For purposes of this sub16 paragraph, the limitations contained

17 in subparagraph (C) shall not apply.

18 ‘‘(II) For purposes of sections

19 404, 405, 407, and 408, a grant

20 under this subparagraph shall not be

21 considered to be a grant made under

22 section 403.

23 ‘‘(viii) AUTHORIZATION OF APPRO24 PRIATIONS.—There are authorized to be

25 appropriated to carry out this subpara-
66

•S 3189 IS

1 graph, $50,000,000 for each fiscal year be2 ginning on or after October 1, 2001, for

3 the purpose of making grants under this

4 subparagraph.’’.

5 (b) CONFORMING AMENDMENT.—Section

6 403(a)(5)(I)(i) of the Social Security Act (42 U.S.C.

7 603(a)(5)(I)(i)) is amended by inserting ‘‘(other than

8 grants under subparagraph (L))’’ before the period.

9 TITLE VI—MISCELLANEOUS

10 SEC. 601. CHANGE DATES FOR ABSTINENCE EVALUATION.

11 (a) IN GENERAL.—Section 403(a)(5)(G)(iii) of the

12 Social Security Act (42 U.S.C. 603(a)(5)(G)(iii)), as

13 amended by section 606(a) of this Act, is amended by

14 striking ‘‘2001’’ and inserting ‘‘2005’’.

15 (b) INTERIM REPORT REQUIRED.—Section

16 403(a)(5)(G) of such Act (42 U.S.C. 603(a)(5)(G)), as so

17 amended, is amended by adding at the end the following:

18 ‘‘(iv) INTERIM REPORT.—Not later

19 than January 1, 2002, the Secretary shall

20 submit to the Congress a interim report on

21 the evaluations referred to in clause (i).’’.

22 SEC. 602. REPORT ON UNDISTRIBUTED CHILD SUPPORT

23 PAYMENTS.

24 Not later than 6 months after the date of the enact25 ment of this Act, the Secretary of Health and Human
67

•S 3189 IS

1 Services shall submit to the Committee on Ways and

2 Means of the House of Representatives and the Committee

3 on Finance of the Senate a report on the procedures that

4 the States use generally to locate custodial parents for

5 whom child support has been collected but not yet distrib6 uted due to a change in address. The report shall include

7 an estimate of the total amount of such undistributed

8 child support and the average length of time it takes for

9 such child support to be distributed. The Secretary shall

10 include in the report recommendations as to whether addi11 tional procedures should be established at the State or

12 Federal level to expedite the payment of undistributed

13 child support.

14 SEC. 603. USE OF NEW HIRE INFORMATION TO ASSIST IN

15 ADMINISTRATION OF UNEMPLOYMENT COM16 PENSATION PROGRAMS.

17 (a) IN GENERAL.—Section 453(j) of the Social Secu18 rity Act (42 U.S.C. 653(j)) is amended by adding at the

19 end the following:

20 ‘‘(7) INFORMATION COMPARISONS AND DISCLO21 SURE TO ASSIST IN ADMINISTRATION OF UNEMPLOY22 MENT COMPENSATION PROGRAMS.—

23 ‘‘(A) IN GENERAL.—If a State agency re24 sponsible for the administration of an unem25 ployment compensation program under Federal
68

•S 3189 IS

1 or State law transmits to the Secretary the

2 name and social security account number of an

3 individual, the Secretary shall, if the informa4 tion in the National Directory of New Hires in5 dicates that the individual may be employed,

6 disclose to the State agency the name, address,

7 and employer identification number of any pu8 tative employer of the individual, subject to this

9 paragraph.

10 ‘‘(B) CONDITION ON DISCLOSURE.—The

11 Secretary shall make a disclosure under sub12 paragraph (A) only to the extent that the Sec13 retary determines that the disclosure would not

14 interfere with the effective operation of the pro15 gram under this part.

16 ‘‘(C) USE OF INFORMATION.—A State

17 agency may use information provided under this

18 paragraph only for purposes of administering a

19 program referred to in subparagraph (A).’’.

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

21 subsection (a) shall take effect on October 1, 2000.

22 SEC. 604. IMMIGRATION PROVISIONS.

23 (a) NONIMMIGRANT ALIENS INELIGIBLE TO RE24 CEIVE VISAS AND EXCLUDED FROM ADMISSION FOR

25 NONPAYMENT OF CHILD SUPPORT.—
69

•S 3189 IS

1 (1) IN GENERAL.—Section 212(a)(10) of the

2 Immigration and Nationality Act (8 U.S.C.

3 1182(a)(10)) is amended by adding at the end the

4 following:

5 ‘‘(F) NONPAYMENT OF CHILD SUPPORT.—

6 ‘‘(i) IN GENERAL.—Any non7 immigrant alien is inadmissible who is le8 gally obligated under a judgment, decree,

9 or order to pay child support (as defined in

10 section 459(i) of the Social Security Act),

11 and whose failure to pay such child sup12 port has resulted in an arrearage exceeding

13 $2,500, until child support payments

14 under the judgment, decree, or order are

15 satisfied or the nonimmigrant alien is in

16 compliance with an approved payment

17 agreement.

18 ‘‘(ii) WAIVER AUTHORIZED.—The At19 torney General may waive the application

20 of clause (i) in the case of an alien, if the

21 Attorney General—

22 ‘‘(I) has received a request for

23 the waiver from the court or adminis24 trative agency having jurisdiction over

25 the judgment, decree, or order obli-
70

•S 3189 IS

1 gating the alien to pay child support

2 that is referred to in such clause; or

3 ‘‘(II) determines that there are

4 prevailing humanitarian or public in5 terest concerns.’’.

6 (2) EFFECTIVE DATE.—The amendment made

7 by this subsection shall take effect 180 days after

8 the date of the enactment of this Act.

9 (b) AUTHORIZATION TO SERVE LEGAL PROCESS IN

10 CHILD SUPPORT CASES ON CERTAIN ARRIVING

11 ALIENS.—

12 (1) IN GENERAL.—Section 235(d) of the Immi13 gration and Nationality Act (8 U.S.C. 1225(d)) is

14 amended by adding at the end the following:

15 ‘‘(5) AUTHORITY TO SERVE PROCESS IN CHILD

16 SUPPORT CASES.—

17 ‘‘(A) IN GENERAL.—To the extent con18 sistent with State law, immigration officers are

19 authorized to serve on any alien who is an ap20 plicant for admission to the United States legal

21 process with respect to any action to enforce or

22 establish a legal obligation of an individual to

23 pay child support (as defined in section 459(i)

24 of the Social Security Act).
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•S 3189 IS

1 ‘‘(B) DEFINITION.—For purposes of sub2 paragraph (A), the term ‘legal process’ means

3 any writ, order, summons or other similar proc4 ess, which is issued by—

5 ‘‘(i) a court or an administrative

6 agency of competent jurisdiction in any

7 State, territory, or possession of the

8 United States; or

9 ‘‘(ii) an authorized official pursuant to

10 an order of such a court or agency or pur11 suant to State or local law.’’.

12 (2) EFFECTIVE DATE.—The amendment made

13 by this subsection shall apply to aliens applying for

14 admission to the United States on or after 180 days

15 after the date of the enactment of this Act.

16 (c) AUTHORIZATION TO SHARE CHILD SUPPORT EN17 FORCEMENT INFORMATION TO ENFORCE IMMIGRATION

18 AND NATURALIZATION LAW.—

19 (1) SECRETARIAL RESPONSIBILITY.—Section

20 452 of the Social Security Act (42 U.S.C. 652) is

21 amended by adding at the end the following:

22 ‘‘(m) If the Secretary receives a certification by a

23 State agency, in accordance with section 454(35), that an

24 individual who is a nonimmigrant alien (as defined in sec25 tion 101(a)(15) of the Immigration and Nationality Act)
72

•S 3189 IS

1 owes arrearages of child support in an amount exceeding

2 $2,500, the Secretary may, at the request of the State

3 agency, the Secretary of State, or the Attorney General,

4 or on the Secretary’s own initiative, provide such certifi5 cation to the Secretary of State and the Attorney General

6 in order to enable them to carry out their responsibilities

7 under sections 212(a)(10) and 235(d) of such Act.’’.

8 (2) STATE AGENCY RESPONSIBILITY.—Section

9 454 of the Social Security Act (42 U.S.C. 654), as

10 amended by section 101(c) of this Act, is amended—

11 (A) by striking ‘‘and’’ at the end of para12 graph (33);

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

14 paragraph (34) and inserting ‘‘; and’’; and

15 (C) by inserting after paragraph (34) the

16 following:

17 ‘‘(35) provide that the State agency will have in

18 effect a procedure for certifying to the Secretary, in

19 such format and accompanied by such supporting

20 documentation as the Secretary may require, deter21 minations that nonimmigrant aliens owe arrearages

22 of child support in an amount exceeding $2,500.’’.
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•S 3189 IS

1 SEC. 605. CORRECTION OF ERRORS IN CONFORMING

2 AMENDMENTS IN THE WELFARE-TO-WORK

3 AND CHILD SUPPORT AMENDMENTS OF 1999.

4 The amendments made by section 2402 of Public

5 Law 106–246 shall take effect as if included in the enact6 ment of section 806 of H.R. 3424 of the 106th Congress

7 by section 1000(a)(4) of Public Law 106–113.

8 SEC. 606. ELIMINATION OF SET-ASIDE OF WELFARE-TO9 WORK FUNDS FOR SUCCESSFUL PERFORM10 ANCE BONUS.

11 (a) IN GENERAL.—Section 403(a)(5) of the Social

12 Security Act (42 U.S.C. 603(a)(5)), as amended by sec13 tion 504, is amended by striking subparagraph (E) and

14 redesignating subparagraphs (F) through (L) as subpara15 graphs (E) through (K), respectively.

16 (b) CONFORMING AMENDMENTS.—

17 (1) Section 403(a)(5)(A)(i) of such Act (42

18 U.S.C. 603(a)(5)(A)(i)) is amended by striking

19 ‘‘subparagraph (I)’’ and inserting ‘‘subparagraph

20 (H)’’.

21 (2) Subclause (I) of each of subparagraphs

22 (A)(iv) and (B)(v) of section 403(a)(5) of such Act

23 (42 U.S.C. 603(a)(5)(A)(iv)(I) and (B)(v)(I)) is

24 amended—

25 (A) in item (aa)—
74

•S 3189 IS

1 (i) by striking ‘‘(I)’’ and inserting

2 ‘‘(H)’’; and

3 (ii) by striking ‘‘(G), and (H)’’ and

4 inserting ‘‘and (G)’’; and

5 (B) in item (bb), by striking ‘‘(F)’’ and in6 serting ‘‘(E)’’.

7 (3) Section 403(a)(5)(B)(v) of such Act (42

8 U.S.C. 603(a)(5)(B)) is amended in the matter pre9 ceding subclause (I) by striking ‘‘(I)’’ and inserting

10 ‘‘(H)’’.

11 (4) Subparagraphs (E) and (F) of section

12 403(a)(5) of such Act (42 U.S.C. 603(a)(5)(F) and

13 (G)), as redesignated by subsection (a) of this sec14 tion, are each amended by striking ‘‘(I)’’ and insert15 ing ‘‘(H)’’.

16 (5) Section 412(a)(3)(A) of such Act (42

17 U.S.C. 612(a)(3)(A)) is amended by striking

18 ‘‘403(a)(5)(I)’’ and inserting ‘‘403(a)(5)(H)’’.

19 (c) FUNDING.—Section 403(a)(5)(I)(i)(II) of such

20 Act (42 U.S.C. 603(a)(5)(I)(i)(II)) is amended by striking

21 ‘‘$1,450,000,000’’ and inserting ‘‘$1,400,000,000’’.

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

23 this section shall take effect on the date of the enactment

24 of this Act.
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•S 3189 IS

1 SEC. 607. INCREASE IN PAYMENT RATE TO STATES FOR EX2 PENDITURES FOR SHORT TERM TRAINING OF

3 STAFF OF CERTAIN CHILD WELFARE AGEN4 CIES.

5 Section 474(a)(3)(B) of the Social Security Act (42

6 U.S.C. 674(a)(3)(B)) is amended by inserting ‘‘, or State7 licensed or State-approved child welfare agencies providing

8 services,’’ after ‘‘child care institutions’’.

9 TITLE VII—EFFECTIVE DATE

10 SEC. 701. EFFECTIVE DATE.

11 (a) IN GENERAL.—Except as provided in sections

12 101(e), 201(c), 304, 603(b), 605(b) and 606, and in sub13 section (b) of this section, this Act and the amendments

14 made by this Act shall take effect on October 1, 2001,

15 and shall apply to payments under part D of title IV of

16 the Social Security Act for calendar quarters beginning

17 on or after such date, and without regard to whether regu18 lations to implement such amendments are promulgated

19 by such date.

20 (b) DELAY PERMITTED IF STATE LEGISLATION RE21 QUIRED.—In the case of a State plan approved under sec22 tion 454 of the Social Security Act which requires State

23 legislation (other than legislation appropriating funds) in

24 order for the plan to meet the additional requirements im25 posed by the amendments made by this Act, the State plan

26 shall not be regarded as failing to comply with the addi-
76

•S 3189 IS

1 tional requirements solely on the basis of the failure of

2 the plan to meet the additional requirements before the

3 first day of the first calendar quarter beginning after the

4 close of the first regular session of the State legislature

5 that begins after the date of the enactment of this Act.

6 For purposes of the previous sentence, in the case of a

7 State that has a 2-year legislative session, each year of

8 such session shall be deemed to be a separate regular ses9 sion of the State legislature.

Æ