I

107TH CONGRESS

1ST SESSION H. R. 1471

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 HOUSE OF REPRESENTATIVES

APRIL 4, 2001

Mrs. JOHNSON of Connecticut (for herself and Mr. CARDIN) introduced the

following bill; which was referred to the Committee on Ways and Means,

and in addition to the Committee on the Judiciary, for a period to be

subsequently determined by the Speaker, in each case for consideration

of such provisions as fall within the jursidiction of the committee concerned

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 2001’’.
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1 SEC. 2. TABLE OF CONTENTS.

2 The table of contents for this Act is as follows:

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

Subtitle A—Fatherhood Grant Program

Sec. 501. Fatherhood grants.

Subtitle B—Fatherhood Projects of National Significance

Sec. 511. Fatherhood projects of national significance.

TITLE VI—MISCELLANEOUS

Sec. 601. Report on undistributed child support payments.

Sec. 602. Use of new hire information to assist in administration of unemployment compensation programs.

Sec. 603. Immigration provisions.

Sec. 604. Correction of errors in conforming amendments in the Welfare-ToWork and Child Support Amendments of 1999.

Sec. 605. 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 providing

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 rights 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 provided to the family,

22 which accrues during the period that the family re23 ceives assistance 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 for a month pursuant to paragraph (2)(B)

2 of this subsection exceeds the amount that the State

3 estimates (under procedures approved by the Sec4 retary) would have been payable to the family for

5 the month pursuant to former section 457(a)(2) (as

6 in effect for the State immediately before the date

7 this subsection first applies to the State) if such

8 former section had remained in effect, the State may

9 elect to use the grant made to the State under sec10 tion 403(a) to pay the amount, or to have the pay11 ment considered a qualified State expenditure for

12 purposes of section 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 that has received

8 the assistance for not more than 5 years

9 after the date of the enactment of this

10 paragraph, to the extent that—

11 ‘‘(I) the State pays the amount

12 to the family; and

13 ‘‘(II) subject to clause (ii), the

14 amount is disregarded in determining

15 the amount and type of the assistance

16 provided to the family.

17 ‘‘(ii) LIMITATION.—Of the amount

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

19 the maximum amount that may be taken

20 into account for purposes of clause (i) shall

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

22 the case of a family that includes two or

23 more children, the State may elect to in24 crease the maximum amount to not more

25 than $600 per month.’’.
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1 (B) APPROVAL OF ESTIMATION PROCE2 DURES.—Not later than October 1, 2002, the

3 Secretary of Health and Human Services, in

4 consultation with the States (as defined for

5 purposes of part D of title IV of the Social Se6 curity Act), shall establish the procedures to be

7 used to make the estimate described in section

8 457(a)(6) of such Act.

9 (2) CURRENT SUPPORT AMOUNT DEFINED.—

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

11 amended by adding at the end the following:

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

13 ‘current support amount’ means, with respect to

14 amounts collected as support on behalf of a family,

15 the amount designated as the monthly support obli16 gation of the noncustodial parent in the order re17 quiring the support.’’.

18 (c) BAN ON RECOVERY OF MEDICAID COSTS FOR

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

20 654) is amended—

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

22 (32);

23 (2) by striking the period at the end of para24 graph (33) and inserting ‘‘; and’’; and
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1 (3) by inserting after paragraph (33) the fol2 lowing:

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

4 State program operated under this part to collect

5 any amount owed to the State by reason of costs in6 curred under the State plan approved under title

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

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

9 471(a)(17), or 1912.’’.

10 (d) STATE OPTION TO DISCONTINUE CERTAIN SUP11 PORT ASSIGNMENTS.—Section 457(b) of such Act (42

12 U.S.C. 657(b)) is amended by striking ‘‘shall’’ and insert13 ing ‘‘may’’.

14 (e) CONFORMING AMENDMENTS.—

15 (1) Section 409(a)(7)(B)(i)(I)(aa) of such Act

16 (42 U.S.C. 609(a)(7)(B)(i)(I)(aa)) is amended by

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

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

19 604(a)) is amended—

20 (A) by striking ‘‘or’’ at the end of para21 graph (1);

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

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

24 (C) by adding at the end the following:
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1 ‘‘(3) to fund payment of an amount pursuant to

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

3 the extent that the State properly elects under sec4 tion 457(a)(6) to use the grant to fund the pay5 ment.’’.

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

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

8 end the following:

9 ‘‘(V) PORTIONS OF CERTAIN

10 CHILD SUPPORT PAYMENTS COL11 LECTED ON BEHALF OF AND DISTRIB12 UTED TO FAMILIES NO LONGER RE13 CEIVING ASSISTANCE.—Any amount

14 paid by a State pursuant to clause (i)

15 or (ii) of section 457(a)(2)(B), but

16 only to the extent that the State prop17 erly elects under section 457(a)(6) to

18 have the payment considered a quali19 fied State expenditure.’’.

20 (f) EFFECTIVE DATE.—

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

22 this section shall take effect on October 1, 2006,

23 and shall apply to payments under parts A and D

24 of title IV of the Social Security Act for calendar

25 quarters beginning on or after such date, and with-
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1 out regard to whether regulations to implement such

2 amendments (in the case of State programs operated

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

4 (2) STATE OPTION TO ACCELERATE EFFECTIVE

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

6 amendments made by this section apply to the State

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

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

9 date of the enactment of this Act and before October

10 1, 2006.

11 TITLE II—REVIEW AND ADJUST12 MENT OF CHILD SUPPORT

13 ORDERS

14 SEC. 201. MANDATORY REVIEW AND MODIFICATION OF

15 CHILD SUPPORT ORDERS FOR TANF RECIPI16 ENTS.

17 (a) REVIEW EVERY 3 YEARS.—Section

18 466(a)(10)(A)(i) of the Social Security Act (42 U.S.C.

19 666(a)(10)(A)(i)) is amended—

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

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

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

23 (b) REVIEW UPON LEAVING TANF.—

24 (1) NOTICE OF CERTAIN FAMILIES LEAVING

25 TANF.—Section 402(a) of such Act (42 U.S.C.
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1 602(a)) is amended by adding at the end the fol2 lowing:

3 ‘‘(8) CERTIFICATION THAT THE CHILD SUP4 PORT ENFORCEMENT PROGRAM WILL BE PROVIDED

5 NOTICE OF CERTAIN FAMILIES LEAVING TANF PRO6 GRAM.—A certification by the chief executive officer

7 of the State that the State has established proce8 dures to ensure that the State agency administering

9 the child support enforcement program under the

10 State plan approved under part D will be provided

11 notice of the impending discontinuation of assistance

12 to an individual under the State program funded

13 under this part if the individual has custody of a

14 child whose other parent is alive and not living at

15 home with the child.’’.

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

17 (42 U.S.C. 666(a)(10)) is amended—

18 (A) in the paragraph heading, by striking

19 ‘‘UPON REQUEST’’;

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

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

22 (B)’’; and

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

24 ‘‘(D) REVIEW UPON LEAVING TANF.—On

25 receipt of a notice issued pursuant to section
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1 402(a)(8), the State child support enforcement

2 agency shall—

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

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

5 are needed to locate any noncustodial par6 ent, establish paternity or a support order,

7 or enforce a support order in the case;

8 ‘‘(iii) immediately take the actions;

9 and

10 ‘‘(iv) if there is a support order in the

11 case which the State has not reviewed dur12 ing the 1-year period ending with receipt

13 of the notice, notwithstanding subpara14 graph (B), review and, if appropriate, ad15 just the order in accordance with subpara16 graph (A).’’.

17 TITLE III—DEMONSTRATIONS OF

18 EXPANDED INFORMATION

19 AND ENFORCEMENT

20 SEC. 301. GUIDELINES FOR INVOLVEMENT OF PUBLIC NON21 IV–D CHILD SUPPORT ENFORCEMENT AGEN22 CIES IN CHILD SUPPORT ENFORCEMENT.

23 (a) IN GENERAL.—Not later than October 1, 2002,

24 the Secretary, in consultation with States, local govern25 ments, and individuals or companies knowledgable about
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1 involving public non-IV–D child support enforcement

2 agencies in child support enforcement, shall develop rec3 ommendations which address the participation of public

4 non-IV–D child support enforcement agencies in the es5 tablishment and enforcement of child support obligations.

6 The matters addressed by the recommendations shall in7 clude substantive and procedural rules which should be

8 followed with respect to privacy safeguards, data security,

9 due process rights, administrative compatibility with State

10 and Federal automated systems, eligibility requirements

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

12 access to information and use of enforcement mechanisms,

13 recovery of costs by charging fees, penalties for violations

14 of the rules, treatment of collections for purposes of sec15 tion 458 of such Act, and avoidance of duplication of ef16 fort.

17 (b) DEFINITIONS.—In this title:

18 (1) CHILD SUPPORT.—The term ‘‘child sup19 port’’ has the meaning given in section 459(i)(2) of

20 the Social Security Act.

21 (2) PUBLIC NON-IV–D CHILD SUPPORT EN22 FORCEMENT AGENCY.—The term ‘‘public non-IV–D

23 child support enforcement agency’’ means an agency,

24 of a political subdivision of a State, which is prin25 cipally responsible for the operation of a child sup-
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1 port registry or for the establishment or enforcement

2 of an obligation to pay child support other than pur3 suant to the State plan approved under part D of

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

5 political subdivision of a State.

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

7 the Secretary of Health and Human Services.

8 (4) STATE.—The term ‘‘State’’ shall have the

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

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

11 such Act.

12 SEC. 302. DEMONSTRATIONS INVOLVING ESTABLISHMENT

13 AND ENFORCEMENT OF CHILD SUPPORT OB14 LIGATIONS BY PUBLIC NON-IV–D CHILD SUP15 PORT ENFORCEMENT AGENCIES.

16 (a) PURPOSE.—The purpose of this section is to de17 termine the extent to which public non-IV–D child support

18 enforcement agencies may contribute effectively to the es19 tablishment and enforcement of child support obligations.

20 (b) APPLICATIONS.—

21 (1) CONSIDERATION.—The Secretary shall con22 sider all applications received from States desiring to

23 conduct demonstration projects under this section.

24 (2) PREFERENCES.—In considering which ap25 plications to approve under this section, the Sec-
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1 retary shall give preference to applications submitted

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

3 enforcement agency as of January 1, 2001.

4 (3) APPROVAL.—

5 (A) TIMING; LIMITATION ON NUMBER OF

6 PROJECTS.—On July 1, 2003, the Secretary

7 may approve not more than 10 applications for

8 projects providing for the participation of a

9 public non-IV–D child support enforcement

10 agency in the establishment and enforcement of

11 child support obligations, and, if the Secretary

12 receives at least five such applications that meet

13 such requirements as the Secretary may estab14 lish, shall approve not less than five such appli15 cations.

16 (B) REQUIREMENTS.—The Secretary may

17 not approve an application for a project

18 unless—

19 (i) the applicant and the Secretary

20 have entered into a written agreement

21 which addresses at a minimum, privacy

22 safeguards, data security, due process

23 rights, automated systems, liability, over24 sight, and fees, and the applicant has

25 made a commitment to conduct the project
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1 in accordance with the written agreement

2 and such other requirements as the Sec3 retary may establish;

4 (ii) the project includes a research

5 plan (but such plan shall not be required

6 to use random assignment) that is focused

7 on assessing the costs and benefits of the

8 project; and

9 (iii) the project appears likely to con10 tribute significantly to the achievement of

11 the purpose of this title.

12 (c) DEMONSTRATION AUTHORITY.—On approval of

13 an application submitted by a State under this section—

14 (1) the State agency responsible for admin15 istering the State plan under part D of title IV of

16 the Social Security Act may, subject to the privacy

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

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

19 agency participating in the demonstration project all

20 information in the State Directory of New Hires and

21 any information obtained through information com22 parisons under section 453(j)(3) of such Act about

23 an individual with respect to whom the public non24 IV–D agency is seeking to establish or enforce a

25 child support obligation, if the public non-IV–D
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1 agency meets such requirements as the State may

2 establish and has entered into an agreement with

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

4 has made a binding commitment to carry out estab5 lishment and enforcement activities with respect to

6 the child support obligation subject to the same data

7 security, privacy protection, and due process require8 ments applicable to the State agency and in accord9 ance with procedures approved by the head of the

10 State agency;

11 (2) the State agency may charge and collect

12 fees from any such public non-IV–D agency to re13 cover costs incurred by the State agency in providing

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

15 agency under the demonstration project;

16 (3) if a public non-IV–D child support enforce17 ment agency has agreed to collect past-due support

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

19 a named individual, and the State agency has sub20 mitted a notice to the Secretary of the Treasury

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

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

23 Treasury shall consider the State agency to have

24 agreed to collect such support for purposes of such

25 section 464, and the State agency may collect from
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1 the public non-IV–D agency any fee which the State

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

3 procedure in the case;

4 (4) for so long as a public non-IV–D child sup5 port enforcement agency is participating in the dem6 onstration project, the public non-IV–D agency shall

7 be considered part of the State agency for purposes

8 of section 469A of such Act; and

9 (5) for so long as a public non-IV–D child sup10 port enforcement agency is participating in the dem11 onstration project, the public non-IV–D agency shall

12 be considered part of the State agency for purposes

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

14 to any child support obligation that the public non15 IV–D agency has agreed to collect.

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

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

18 454(31), 464, 466(a)(7), 466(a)(17), and 469A of the So19 cial Security Act to the extent necessary to enable the con20 duct of demonstration projects under this section, subject

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

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

23 Act.

24 (e) FEDERAL AUDIT.—
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1 (1) IN GENERAL.—The Comptroller General of

2 the United States shall conduct an audit of the dem3 onstration projects conducted under this section for

4 the purpose of examining and evaluating the manner

5 in which information and enforcement tools are used

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

7 agencies participating in the projects.

8 (2) REPORT TO THE CONGRESS.—

9 (A) IN GENERAL.—The Comptroller Gen10 eral of the United States shall submit to the

11 Congress a report on the audit required by

12 paragraph (1).

13 (B) TIMING.—The report required by sub14 paragraph (A) shall be so submitted not later

15 than October 1, 2005.

16 (f) SECRETARIAL REPORT TO THE CONGRESS.—

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

18 to the Congress a report on the demonstration

19 projects conducted under this section, which shall in20 clude the results of any research or evaluation con21 ducted pursuant to this title, and shall include policy

22 recommendations regarding the establishment and

23 enforcement of child support obligations by the

24 agencies involved.
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1 (2) TIMING.—The report required by paragraph

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

3 2006.

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

5 SUPPORT ENFORCEMENT AGENCIES.

6 (a) IN GENERAL.—Not later than October 1, 2002,

7 the Comptroller General of the United States shall submit

8 to the Congress a report on the activities of private child

9 support enforcement agencies that shall be designed to

10 help the Congress determine whether the agencies are pro11 viding a needed service in a fair manner using accepted

12 debt collection practices and at a reasonable fee.

13 (b) MATTERS TO BE ADDRESSED.—Among the mat14 ters addressed by the report required by subsection (a)

15 shall be the following:

16 (1) The number of private child support en17 forcement agencies.

18 (2) The types of debt collection activities con19 ducted by the private agencies.

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

21 (4) The methods used by the private agencies

22 to collect fees from custodial parents.

23 (5) The nature and degree of cooperation the

24 private agencies receive from State agencies respon-
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1 sible for administering State plans under part D of

2 title IV of the Social Security Act.

3 (6) The extent to which the conduct of the pri4 vate agencies is subject to State or Federal regula5 tion, and if so, the extent to which the regulations

6 are effectively enforced.

7 (7) The amount of child support owed but un8 collected and changes in this amount in recent years.

9 (8) The average period of time required for the

10 completion of successful enforcement actions yielding

11 collections of past-due child support by both the

12 child support enforcement programs operated pursu13 ant to State plans approved under part D of title IV

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

15 by private child support enforcement agencies.

16 (9) The types of Federal and State child sup17 port enforcement remedies and resources currently

18 available to private child support enforcement agen19 cies, and the types of such remedies and resources

20 now restricted to use by State agencies admin21 istering State plans referred to in paragraph (8).

22 (c) PRIVATE CHILD SUPPORT ENFORCEMENT AGEN23 CY DEFINED.—In this section, the term ‘‘private child

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

25 non-public entity which seeks to establish or enforce an
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1 obligation to pay child support (as defined in section

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

3 SEC. 304. EFFECTIVE DATE.

4 This title shall take effect on the date of the enact5 ment of this Act.

6 TITLE IV—EXPANDED

7 ENFORCEMENT

8 SEC. 401. DECREASE IN AMOUNT OF CHILD SUPPORT AR9 REARAGE TRIGGERING PASSPORT DENIAL.

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

11 652(k)) is amended by striking ‘‘$5,000’’ and inserting

12 ‘‘$2,500’’.

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

14 COLLECT PAST-DUE CHILD SUPPORT ON BE15 HALF OF CHILDREN WHO ARE NOT MINORS.

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

17 664) is amended—

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

19 that term is defined for purposes of this paragraph

20 under subsection (c))’’; and

21 (2) in subsection (c)—

22 (A) in paragraph (1)—

23 (i) by striking ‘‘(1) Except as pro24 vided in paragraph (2), as used in’’ and in25 serting ‘‘In’’; and
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1 (ii) by inserting ‘‘(whether or not a

2 minor)’’ after ‘‘a child’’ each place it ap3 pears; and

4 (B) by striking paragraphs (2) and (3).

5 SEC. 403. GARNISHMENT OF COMPENSATION PAID TO VET6 ERANS FOR SERVICE-CONNECTED DISABIL7 ITIES IN ORDER TO ENFORCE CHILD SUP8 PORT OBLIGATIONS.

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

10 659(h)) is amended—

11 (1) in paragraph (1)(A)(ii)(V), by striking all

12 that follows ‘‘Armed Forces’’ and inserting a semi13 colon; and

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

15 ‘‘(3) LIMITATIONS WITH RESPECT TO COM16 PENSATION PAID TO VETERANS FOR SERVICE-CON17 NECTED DISABILITIES.—Notwithstanding any other

18 provision of this section:

19 ‘‘(A) Compensation described in paragraph

20 (1)(A)(ii)(V) shall not be subject to withholding

21 pursuant to this section—

22 ‘‘(i) for payment of alimony; or

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

24 the individual is fewer than 60 days in ar25 rears in payment of the support.
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1 ‘‘(B) Not more than 50 percent of any

2 payment of compensation described in para3 graph (1)(A)(ii)(V) may be withheld pursuant

4 to this section.’’.

5 TITLE V—FATHERHOOD

6 PROGRAMS

7 Subtitle A—Fatherhood Grant

8 Program

9 SEC. 501. FATHERHOOD GRANTS.

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

11 Security Act (42 U.S.C. 601–619) is amended by inserting

12 after section 403 the following:

13 ‘‘SEC. 403A. FATHERHOOD PROGRAMS.

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

15 make grants available to public and private entities for

16 projects designed to—

17 ‘‘(1) promote marriage through such activities

18 as—

19 ‘‘(A) counseling, mentoring, disseminating

20 information about the advantages of marriage,

21 enhancing relationship skills, teaching how to

22 control aggressive behavior, disseminating infor23 mation on the causes and treatment of domestic

24 violence and child abuse, and other methods;

25 and
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1 ‘‘(B) sustaining marriages through mar2 riage preparation programs, premarital coun3 seling, and marital inventories, and through di4 vorce education and reduction programs, includ5 ing mediation and counseling;

6 ‘‘(2) promote successful parenting through such

7 activities as counseling, mentoring, disseminating in8 formation about good parenting practices including

9 prepregnancy family planning, training parents in

10 money management, encouraging child support pay11 ments, encouraging regular visitation between fa12 thers and their children, and other methods; and

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

14 leave cash welfare provided by the program under

15 part A and improve their economic status by pro16 viding such activities as work first services, job

17 search, job training, subsidized employment, career18 advancing education, job retention, job enhancement,

19 and other methods.

20 ‘‘(b) FATHERHOOD GRANTS.—

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

22 grant to carry out a project described in subsection

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

24 contains the following:
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1 ‘‘(A) A description of the project and how

2 the project will be carried out.

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

4 address all three of the purposes of this section.

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

6 that the project will allow an individual to par7 ticipate in the project only if the individual is—

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

9 within the past 24 months has been, a re10 cipient of assistance or services under a

11 State program funded under this part;

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

13 or married father, whose income (net of

14 court-ordered child support) is less than

15 150 percent of the poverty line (as defined

16 in section 673(2) of the Omnibus Budget

17 Reconciliation Act of 1981, including any

18 revision required by such section, applica19 ble to a family of the size involved);

20 ‘‘(iii) a parent referred to in para21 graph (3)(A)(iii); or

22 ‘‘(iv) at risk of parenthood outside

23 marriage, but not more than 25 percent of

24 the participants in the project may qualify

25 for participation under this clause.
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1 ‘‘(D) A written commitment by the entity

2 that the entity will provide for the project, from

3 funds obtained from non-Federal sources,

4 amounts (including in-kind contributions) equal

5 in value to—

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

7 grant made to the entity under this sub8 section; or

9 ‘‘(ii) such lesser percentage as the

10 Secretary deems appropriate (which shall

11 be not less than 10 percent) of such

12 amount, if the application demonstrates

13 that there are circumstances that limit the

14 ability of the entity to raise funds or ob15 tain resources.

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

17 that the entity will make available to each indi18 vidual participating in the project education

19 about the causes of domestic violence and child

20 abuse and local programs to prevent and treat

21 abuse, education about alcohol, tobacco, and

22 other drugs and the effects of abusing such

23 substances, and information about sexually

24 transmitted diseases and their transmission, in-
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1 cluding HIV/AIDS and human papillomavirus

2 (HPV).

3 ‘‘(2) CONSIDERATION OF APPLICATIONS BY

4 INTERAGENCY PANEL.—

5 ‘‘(A) ESTABLISHMENT.—There is estab6 lished a panel to be known as the ‘Fatherhood

7 Grants Recommendations Panel’ (in this sub8 paragraph referred to as the ‘Panel’).

9 ‘‘(B) MEMBERSHIP.—

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

11 composed of 10 members, as follows:

12 ‘‘(I) Two members of the Panel

13 shall be appointed by the Secretary.

14 ‘‘(II) Two members of the Panel

15 shall be appointed by the Secretary of

16 Labor.

17 ‘‘(III) Two members of the Panel

18 shall be appointed by the Chairman of

19 the Committee on Ways and Means of

20 the House of Representatives.

21 ‘‘(IV) One member of the Panel

22 shall be appointed by the ranking mi23 nority member of the Committee on

24 Ways and Means of the House of

25 Representatives.
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1 ‘‘(V) Two members of the Panel

2 shall be appointed by the Chairman of

3 the Committee on Finance of the Sen4 ate.

5 ‘‘(VI) One member of the Panel

6 shall be appointed by the ranking mi7 nority member of the Committee on

8 Finance of the Senate.

9 ‘‘(ii) QUALIFICATIONS.—An individual

10 shall not be eligible to serve on the Panel

11 unless the individual has experience in pro12 grams for fathers, programs for the poor,

13 programs for children, program adminis14 tration, program research, or programs of

15 domestic violence prevention and treat16 ment.

17 ‘‘(iii) CONFLICTS OF INTEREST.—An

18 individual shall not be eligible to serve on

19 the Panel if such service would pose a con20 flict of interest for the individual.

21 ‘‘(iv) TIMING OF APPOINTMENTS.—

22 The appointment of members to the Panel

23 shall be completed not later than April 1,

24 2002.

25 ‘‘(C) DUTIES.—
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1 ‘‘(i) REVIEW AND MAKE REC2 OMMENDATIONS ON PROJECT APPLICA3 TIONS.—The Panel shall review all applica4 tions submitted pursuant to paragraph (1),

5 and make recommendations to the Sec6 retary regarding which applicants should

7 be awarded grants under this subsection,

8 with due regard for the provisions of para9 graph (3), but shall not recommend that a

10 project be awarded such a grant if the ap11 plication describing the project does not at12 tempt to meet the requirement of para13 graph (1)(B).

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

15 such recommendations not later than Octo16 ber 1, 2002.

17 ‘‘(D) TERM OF OFFICE.—Each member

18 appointed to the Panel shall serve for the life

19 of the Panel.

20 ‘‘(E) PROHIBITION ON COMPENSATION.—

21 Members of the Panel may not receive pay, al22 lowances, or benefits by reason of their service

23 on the Panel.

24 ‘‘(F) TRAVEL EXPENSES.—Each member

25 of the Panel shall receive travel expenses, in-
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1 cluding per diem in lieu of subsistence, in ac2 cordance with sections 5702 and 5703 of title

3 5, United States Code.

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

5 often as is necessary to complete the business

6 of the Panel.

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

8 the Panel shall be designated by the Secretary

9 at the time of appointment.

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

11 Secretary may detail any personnel of the De12 partment of Health and Human Services and

13 the Secretary of Labor may detail any per14 sonnel of the Department of Labor to the Panel

15 to assist the Panel in carrying out its duties

16 under this paragraph.

17 ‘‘(J) OBTAINING OFFICIAL DATA.—The

18 Panel may secure directly from any department

19 or agency of the United States information nec20 essary to enable it to carry out this paragraph.

21 On request of the Chairperson of the Panel, the

22 head of the department or agency shall furnish

23 that information to the Panel.

24 ‘‘(K) MAILS.—The Panel may use the

25 United States mails in the same manner and
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1 under the same conditions as other departments

2 and agencies of the United States.

3 ‘‘(L) TERMINATION.—The Panel shall ter4 minate on October 1, 2001.

5 ‘‘(3) RULES GOVERNING GRANTS.—

6 ‘‘(A) GRANT AWARDS.—

7 ‘‘(i) IN GENERAL.—The Secretary

8 shall award matching grants, on a competi9 tive basis, among entities submitting appli10 cations therefor which meet the require11 ments of paragraph (1), in amounts that

12 take into account the written commitments

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

14 ‘‘(ii) TIMING.—On October 1, 2002,

15 the Secretary shall award not more than

16 $140,000,000 in matching grants after

17 considering the recommendations sub18 mitted pursuant to paragraph (2)(C)(i).

19 ‘‘(iii) NONDISCRIMINATION.—The pro20 visions of this section shall be applied and

21 administered so as to ensure that mothers,

22 expectant mothers, and married mothers

23 are eligible for benefits and services under

24 projects awarded grants under this section
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1 on the same basis as fathers, expectant fa2 thers, and married fathers.

3 ‘‘(B) PREFERENCES.—In determining

4 which entities to which to award grants under

5 this subsection, the Secretary shall give pref6 erence to an entity—

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

8 submitted by the entity sets forth clear

9 and practical methods to encourage and

10 sustain marriage;

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

12 submitted by the entity describes actions

13 that the entity will take that are designed

14 to encourage or facilitate the payment of

15 child support, including but not limited

16 to—

17 ‘‘(I) obtaining a written commit18 ment by the agency responsible for

19 administering the State plan approved

20 under part D for the State in which

21 the project is to be carried out that

22 the State will voluntarily cancel child

23 support arrearages owed to the State

24 by the father as a result of the father

25 providing various supports to the fam-
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1 ily such as maintaining a regular child

2 support payment schedule, living with

3 his children, or marrying the mother

4 of his children, unless the father has

5 been convicted of a crime involving

6 domestic violence or child abuse;

7 ‘‘(II) obtaining a written commit8 ment by the entity that the entity will

9 help participating fathers who cooper10 ate with the agency in improving their

11 credit rating; and

12 ‘‘(III) helping fathers arrange

13 and maintain a consistent schedule of

14 visits with their children, unless it

15 would be unsafe;

16 ‘‘(iii) to the extent that the applica17 tion includes written agreements of co18 operation with other private and govern19 mental agencies, including the State or

20 local program funded under this part, the

21 local Workforce Investment Board, the

22 State or local program funded under part

23 D, community-based domestic violence pro24 grams, and the State or local program

25 funded under part E, which should include
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1 a description of the services each such

2 agency will provide to fathers participating

3 in the project described in the application;

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

5 describes a project that will enroll a high

6 percentage of project participants within 6

7 months before or after the birth of the

8 child; or

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

10 sets forth clear and practical methods by

11 which fathers will be recruited to partici12 pate in the project.

13 ‘‘(C) MINIMUM PERCENTAGE OF RECIPI14 ENTS OF GRANT FUNDS TO BE NONGOVERN15 MENTAL (INCLUDING FAITH-BASED) ORGANIZA16 TIONS.—Not less than 75 percent of the enti17 ties awarded grants under this subsection in

18 each fiscal year (other than entities awarded

19 such grants pursuant to the preferences re20 quired by subparagraph (B)) shall be awarded

21 to—

22 ‘‘(i) nongovernmental (including faith23 based) organizations; or

24 ‘‘(ii) governmental organizations that

25 pass through to organizations referred to
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1 in clause (i) at least 50 percent of the

2 amount of the grant.

3 ‘‘(D) DIVERSITY OF PROJECTS.—

4 ‘‘(i) IN GENERAL.—In determining

5 which entities to which to award grants

6 under this subsection, the Secretary shall

7 attempt to achieve a balance among enti8 ties of differing sizes, entities in differing

9 geographic areas, entities in urban versus

10 rural areas, and entities employing dif11 fering methods of achieving the purposes

12 of this section.

13 ‘‘(ii) REPORT TO THE CONGRESS.—

14 Within 90 days after each award of grants

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

16 shall submit to the Committee on Ways

17 and Means of the House of Representa18 tives and the Committee on Finance of the

19 Senate a brief report on the diversity of

20 projects selected to receive funds under the

21 grant program. The report shall include a

22 comparison of funding for projects located

23 in urban areas, projects located in subur24 ban areas, and projects located in rural

25 areas.
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1 ‘‘(E) PAYMENT OF GRANT IN FOUR EQUAL

2 ANNUAL INSTALLMENTS.—During the fiscal

3 year in which a grant is awarded under this

4 subsection and each of the succeeding 3 fiscal

5 years, the Secretary shall provide to the entity

6 awarded the grant an amount equal to one7 fourth of the amount of the grant.

8 ‘‘(4) USE OF FUNDS.—

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

10 a grant is made under this section shall use

11 grant funds provided under this section in ac12 cordance with the application requesting the

13 grant, the requirements of this section, and the

14 regulations prescribed under this section, and

15 may use grant funds to support community16 wide initiatives to address the purposes of this

17 section, but may not use grant funds for court

18 proceedings on matters of child visitation or

19 child custody or for legislative advocacy.

20 ‘‘(B) NONDISPLACEMENT.—

21 ‘‘(i) IN GENERAL.—An adult in a

22 work activity described in section 407(d)

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

24 funds provided under this section shall not

25 be employed or assigned—
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1 ‘‘(I) when any other individual is

2 on layoff from the same or any sub3 stantially equivalent job; or

4 ‘‘(II) if the employer has termi5 nated the employment of any regular

6 employee or otherwise caused an in7 voluntary reduction of its workforce in

8 order to fill the vacancy so created

9 with such an adult.

10 ‘‘(ii) GRIEVANCE PROCEDURE.—

11 ‘‘(I) IN GENERAL.—Complaints

12 alleging violations of clause (i) in a

13 State may be resolved—

14 ‘‘(aa) if the State has estab15 lished a grievance procedure

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

17 pursuant to the grievance proce18 dure; or

19 ‘‘(bb) otherwise, pursuant to

20 the grievance procedure estab21 lished by the State under section

22 407(f)(3).

23 ‘‘(II) FORFEITURE OF GRANT IF

24 GRIEVANCE PROCEDURE NOT AVAIL25 ABLE.—If a complaint referred to in
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1 subclause (I) is made against an enti2 ty to which a grant has been made

3 under this section with respect to a

4 project, and the complaint cannot be

5 brought to, or cannot be resolved

6 within 90 days after being brought, by

7 a grievance procedure referred to in

8 subclause (I), then the entity shall im9 mediately return to the Secretary all

10 funds provided to the entity under

11 this section for the project, and the

12 Secretary shall immediately rescind

13 the grant.

14 ‘‘(C) RULE OF CONSTRUCTION.—This sec15 tion shall not be construed to require the par16 ticipation of a father in a project funded under

17 this section to be discontinued by the project on

18 the basis of changed economic circumstances of

19 the father.

20 ‘‘(D) RULE OF CONSTRUCTION ON MAR21 RIAGE.—This section shall not be construed to

22 authorize the Secretary to define marriage for

23 purposes of this section.

24 ‘‘(E) PENALTY FOR MISUSE OF GRANT

25 FUNDS.—If the Secretary determines that an
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1 entity to which a grant is made under this sub2 section has used any amount of the grant in

3 violation of subparagraph (A), the Secretary

4 shall require the entity to remit to the Sec5 retary an amount equal to the amount so used,

6 plus all remaining grant funds, and the entity

7 shall thereafter be ineligible for any grant

8 under this subsection.

9 ‘‘(F) REMITTANCE OF UNUSED GRANT

10 FUNDS.—Each entity to which a grant is

11 awarded under this subsection shall remit to

12 the Secretary all funds paid under the grant

13 that remain at the end of the fifth fiscal year

14 ending after the initial grant award.

15 ‘‘(5) AUTHORITY OF AGENCIES TO EXCHANGE

16 INFORMATION.—Each agency administering a pro17 gram funded under this part or a State plan ap18 proved under part D may share the name, address,

19 telephone number, and identifying case number in20 formation in the State program funded under this

21 part, of fathers for purposes of assisting in deter22 mining the eligibility of fathers to participate in

23 projects receiving grants under this section, and in

24 contacting fathers potentially eligible to participate

25 in the projects, subject to all applicable privacy laws.
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1 ‘‘(6) EVALUATION.—The Secretary, in consulta2 tion with the Secretary of Labor, shall, directly or

3 by grant, contract, or interagency agreement, con4 duct an evaluation of projects funded under this sec5 tion (other than under subsection (c)(1)). The eval6 uation shall assess, among other outcomes selected

7 by the Secretary, effects of the projects on marriage,

8 parenting, employment, earnings, payment of child

9 support, and incidence of domestic violence and child

10 abuse. In selecting projects for the evaluation, the

11 Secretary should include projects that, in the Sec12 retary’s judgment, are most likely to impact the

13 matters described in the purposes of this section. In

14 conducting the evaluation, random assignment

15 should be used wherever possible.

16 ‘‘(7) REGULATIONS.—The Secretary shall pre17 scribe such regulations as may be necessary to carry

18 out this subsection.

19 ‘‘(8) LIMITATION ON APPLICABILITY OF OTHER

20 PROVISIONS OF THIS PART.—Sections 404 through

21 410 shall not apply to this section or to amounts

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

23 an entity solely by reason of receipt of funds pursu24 ant to this section. A project shall not be considered
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1 a State program funded under this part solely by

2 reason of receipt of funds paid under this section.

3 ‘‘(9) FUNDING.—

4 ‘‘(A) IN GENERAL.—

5 ‘‘(i) INTERAGENCY PANEL.—Of the

6 amounts made available pursuant to sec7 tion 403(a)(1)(E) to carry out this section

8 for fiscal year 2002, a total of $150,000

9 shall be made available for the interagency

10 panel established by paragraph (2) of this

11 subsection.

12 ‘‘(ii) GRANTS.—Of the amounts made

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

14 to carry out this section for fiscal years

15 2003 through 2006, a total of

16 $140,000,000 shall be made available for

17 grants under this subsection.

18 ‘‘(iii) EVALUATION.—Of the amounts

19 made available pursuant to section

20 403(a)(1)(E) to carry out this section for

21 fiscal years 2002 through 2007, a total of

22 $6,000,000 shall be made available for the

23 evaluation required by paragraph (6) of

24 this subsection.

25 ‘‘(B) AVAILABILITY.—
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1 ‘‘(i) GRANT FUNDS.—The amounts

2 made available pursuant to subparagraph

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

4 of fiscal year 2007.

5 ‘‘(ii) EVALUATION FUNDS.—The

6 amounts made available pursuant to sub7 paragraph (A)(iii) shall remain available

8 until the end of fiscal year 2009.’’.

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

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

11 fiscal years 2002 through 2008, such sums as are nec12 essary to carry out section 403A’’ before the period.

13 (c) APPLICABILITY OF CHARITABLE CHOICE PROVI14 SIONS OF WELFARE REFORM.—Section 104 of the Per15 sonal Responsibility and Work Opportunity Reconciliation

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

17 the end the following:

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

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

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

21 Security Act in the same manner in which this section ap22 plies to States, and, for purposes of this section, any

23 project for which such funds are so provided shall be con24 sidered a program described in subsection (a)(2).’’.
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1 Subtitle B—Fatherhood Projects of

2 National Significance

3 SEC. 511. FATHERHOOD PROJECTS OF NATIONAL SIGNIFI4 CANCE.

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

6 by subtitle A of this title, is amended by adding at the

7 end the following:

8 ‘‘(c) FATHERHOOD PROJECTS OF NATIONAL SIG9 NIFICANCE.—

10 ‘‘(1) NATIONAL CLEARINGHOUSE.—The Sec11 retary shall award a $5,000,000 grant to a nation12 ally recognized, nonprofit fatherhood promotion or13 ganization with at least 4 years of experience in de14 signing and disseminating a national public edu15 cation campaign, including the production and suc16 cessful placement of television, radio, and print pub17 lic service announcements which promote the impor18 tance of responsible fatherhood, and with at least 4

19 years experience providing consultation and training

20 to community-based organizations interested in im21 plementing fatherhood outreach, support, or skill de22 velopment programs with an emphasis on promoting

23 married fatherhood as the ideal, to—

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

25 interested States, local governments, public
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1 agencies, and private nonprofit organizations,

2 including charitable and religious organizations,

3 a media campaign that encourages the appro4 priate involvement of both parents in the life of

5 any child of the parents, and encourages such

6 organizations to develop or sponsor programs

7 that specifically address the issue of responsible

8 fatherhood and the advantages conferred on

9 children by marriage;

10 ‘‘(B) develop a national clearinghouse to

11 assist States, communities, and private entities

12 in efforts to promote and support marriage and

13 responsible fatherhood by collecting, evaluating,

14 and making available (through the Internet and

15 by other means) to all interested parties, infor16 mation regarding media campaigns and father17 hood programs;

18 ‘‘(C) develop and distribute materials that

19 are for use by entities described in subpara20 graph (A) or (B) and that help young adults

21 manage their money, develop the knowledge and

22 skills needed to promote successful marriages,

23 plan for future expenditures and investments,

24 and plan for retirement;
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1 ‘‘(D) develop and distribute materials that

2 are for use by entities described in subpara3 graphs (A) and (B) and that list all the sources

4 of public support for education and training

5 that are available to young adults, including

6 government spending programs as well as bene7 fits under Federal and State tax laws; and

8 ‘‘(E) develop and distribute materials that

9 are for use by entities described in subpara10 graphs (A) and (B) and that provide informa11 tion on domestic violence and child abuse pre12 vention and treatment.

13 ‘‘(2) MULTICITY FATHERHOOD PROJECTS.—

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

15 award a $5,000,000 grant to each of two na16 tionally recognized nonprofit fatherhood pro17 motion organizations which meet the require18 ments of subparagraph (B), at least one of

19 which organizations meets the requirement of

20 subparagraph (C).

21 ‘‘(B) REQUIREMENTS.—The requirements

22 of this subparagraph are the following:

23 ‘‘(i) The organization must have sev24 eral years of experience in designing and
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1 conducting programs that meet the pur2 poses described in paragraph (1).

3 ‘‘(ii) The organization must have ex4 perience in simultaneously conducting such

5 programs in more than one major metro6 politan area and in coordinating such pro7 grams with local government agencies and

8 private, nonprofit agencies, including State

9 or local agencies responsible for conducting

10 the program under part D and Workforce

11 Investment Boards.

12 ‘‘(iii) The organization must submit to

13 the Secretary an application that meets all

14 the conditions applicable to the organiza15 tion under this section and that provides

16 for projects to be conducted in three major

17 metropolitan areas.

18 ‘‘(C) USE OF MARRIED COUPLES TO DE19 LIVER SERVICES IN THE INNER CITY.—The re20 quirement of this subparagraph is that the or21 ganization has extensive experience in using

22 married couples to deliver program services in

23 the inner city.

24 ‘‘(3) PAYMENT OF GRANTS IN FOUR EQUAL AN25 NUAL INSTALLMENTS.—During each of fiscal years
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1 2003 through 2006, the Secretary shall provide to

2 each entity awarded a grant under this subsection

3 an amount equal to one-fourth of the amount of the

4 grant.

5 ‘‘(4) FUNDING.—

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

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

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

9 made available for grants under this subsection

10 for each of fiscal years 2003 through 2006.

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

12 available pursuant to subparagraph (A) shall

13 remain available until the end of fiscal year

14 2006.’’.

15 TITLE VI—MISCELLANEOUS

16 SEC. 601. REPORT ON UNDISTRIBUTED CHILD SUPPORT

17 PAYMENTS.

18 Not later than 6 months after the date of the enact19 ment of this Act, the Secretary of Health and Human

20 Services shall submit to the Committee on Ways and

21 Means of the House of Representatives and the Committee

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

23 the States use generally to locate custodial parents for

24 whom child support has been collected but not yet distrib25 uted due to a change in address. The report shall include
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1 an estimate of the total amount of such undistributed

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

3 such child support to be distributed. The Secretary shall

4 include in the report recommendations as to whether addi5 tional procedures should be established at the State or

6 Federal level to expedite the payment of undistributed

7 child support.

8 SEC. 602. USE OF NEW HIRE INFORMATION TO ASSIST IN

9 ADMINISTRATION OF UNEMPLOYMENT COM10 PENSATION PROGRAMS.

11 (a) IN GENERAL.—Section 453(j) of the Social Secu12 rity Act (42 U.S.C. 653(j)) is amended by adding at the

13 end the following:

14 ‘‘(7) INFORMATION COMPARISONS AND DISCLO15 SURE TO ASSIST IN ADMINISTRATION OF UNEMPLOY16 MENT COMPENSATION PROGRAMS.—

17 ‘‘(A) IN GENERAL.—If a State agency re18 sponsible for the administration of an unem19 ployment compensation program under Federal

20 or State law transmits to the Secretary the

21 name and social security account number of an

22 individual, the Secretary shall, if the informa23 tion in the National Directory of New Hires in24 dicates that the individual may be employed,

25 disclose to the State agency the name, address,
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1 and employer identification number of any pu2 tative employer of the individual, subject to this

3 paragraph.

4 ‘‘(B) CONDITION ON DISCLOSURE.—The

5 Secretary shall make a disclosure under sub6 paragraph (A) only to the extent that the Sec7 retary determines that the disclosure would not

8 interfere with the effective operation of the pro9 gram under this part.

10 ‘‘(C) USE OF INFORMATION.—A State

11 agency may use information provided under this

12 paragraph only for purposes of administering a

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

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

15 subsection (a) shall take effect on October 1, 2001.

16 SEC. 603. IMMIGRATION PROVISIONS.

17 (a) NONIMMIGRANT ALIENS INELIGIBLE TO RE18 CEIVE VISAS AND EXCLUDED FROM ADMISSION FOR

19 NONPAYMENT OF CHILD SUPPORT.—

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

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

22 1182(a)(10)) is amended by adding at the end the

23 following:

24 ‘‘(F) NONPAYMENT OF CHILD SUPPORT.—
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1 ‘‘(i) IN GENERAL.—Any non2 immigrant alien is inadmissible who is le3 gally obligated under a judgment, decree,

4 or order to pay child support (as defined in

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

6 and whose failure to pay such child sup7 port has resulted in an arrearage exceeding

8 $2,500, until child support payments

9 under the judgment, decree, or order are

10 satisfied or the nonimmigrant alien is in

11 compliance with an approved payment

12 agreement.

13 ‘‘(ii) WAIVER AUTHORIZED.—The At14 torney General may waive the application

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

16 Attorney General—

17 ‘‘(I) has received a request for

18 the waiver from the court or adminis19 trative agency having jurisdiction over

20 the judgment, decree, or order obli21 gating the alien to pay child support

22 that is referred to in such clause; or

23 ‘‘(II) determines that there are

24 prevailing humanitarian or public in25 terest concerns.’’.
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1 (2) EFFECTIVE DATE.—The amendment made

2 by this subsection shall take effect 180 days after

3 the date of the enactment of this Act.

4 (b) AUTHORIZATION TO SERVE LEGAL PROCESS IN

5 CHILD SUPPORT CASES ON CERTAIN ARRIVING

6 ALIENS.—

7 (1) IN GENERAL.—Section 235(d) of the Immi8 gration and Nationality Act (8 U.S.C. 1225(d)) is

9 amended by adding at the end the following:

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

11 SUPPORT CASES.—

12 ‘‘(A) IN GENERAL.—To the extent con13 sistent with State law, immigration officers are

14 authorized to serve on any alien who is an ap15 plicant for admission to the United States legal

16 process with respect to any action to enforce or

17 establish a legal obligation of an individual to

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

19 of the Social Security Act).

20 ‘‘(B) DEFINITION.—For purposes of sub21 paragraph (A), the term ‘legal process’ means

22 any writ, order, summons or other similar proc23 ess, which is issued by—

24 ‘‘(i) a court or an administrative

25 agency of competent jurisdiction in any
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1 State, territory, or possession of the

2 United States; or

3 ‘‘(ii) an authorized official pursuant to

4 an order of such a court or agency or pur5 suant to State or local law.’’.

6 (2) EFFECTIVE DATE.—The amendment made

7 by this subsection shall apply to aliens applying for

8 admission to the United States on or after 180 days

9 after the date of the enactment of this Act.

10 (c) AUTHORIZATION TO SHARE CHILD SUPPORT EN11 FORCEMENT INFORMATION TO ENFORCE IMMIGRATION

12 AND NATURALIZATION LAW.—

13 (1) SECRETARIAL RESPONSIBILITY.—Section

14 452 of the Social Security Act (42 U.S.C. 652) is

15 amended by adding at the end the following:

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

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

18 individual who is a nonimmigrant alien (as defined in sec19 tion 101(a)(15) of the Immigration and Nationality Act)

20 owes arrearages of child support in an amount exceeding

21 $2,500, the Secretary may, at the request of the State

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

23 or on the Secretary’s own initiative, provide such certifi24 cation to the Secretary of State and the Attorney General

25 information in order to enable them to carry out their re-
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1 sponsibilities under sections 212(a)(10) and 235(d) of

2 such Act.’’.

3 (2) STATE AGENCY RESPONSIBILITY.—Section

4 454 of the Social Security Act (42 U.S.C. 654), as

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

6 (A) by striking ‘‘and’’ at the end of para7 graph (33);

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

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

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

11 following:

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

13 effect a procedure for certifying to the Secretary, in

14 such format and accompained by such supporting

15 documentation as the Secretary may require, deter16 minations that nonimmigrant aliens owe arrearages

17 of child support in an amount exceeding $2,500.’’.

18 SEC. 604. CORRECTION OF ERRORS IN CONFORMING

19 AMENDMENTS IN THE WELFARE-TO-WORK

20 AND CHILD SUPPORT AMENDMENTS OF 1999.

21 The amendments made by section 2402 of Public

22 Law 106–246 shall take effect as if included in the enact23 ment of section 806 of H.R. 3424 of the 106th Congress

24 by section 1000(a)(4) of Public Law 106–113.
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1 SEC. 605. 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), 304, 602(b), and 604(b), and in subsection (b)

13 of this section, this Act and the amendments made by this

14 Act shall take effect on October 1, 2002, and shall apply

15 to payments under part D of title IV of the Social Security

16 Act for calendar quarters beginning on or after such date,

17 and without regard to whether regulations to implement

18 such amendments are promulgated by such date.

19 (b) DELAY PERMITTED IF STATE LEGISLATION RE20 QUIRED.—In the case of a State plan approved under sec21 tion 454 of the Social Security Act which requires State

22 legislation (other than legislation appropriating funds) in

23 order for the plan to meet the additional requirements im24 posed by the amendments made by this Act, the State plan

25 shall not be regarded as failing to comply with the addi26 tional requirements solely on the basis of the failure of
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1 the plan to meet the additional requirements before the

2 first day of the first calendar quarter beginning after the

3 close of the first regular session of the State legislature

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

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

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

7 such session shall be deemed to be a separate regular ses8 sion of the State legislature.

Æ