I

103D CONGRESS

1ST SESSION H. R. 2241

To provide for the establishment of a committee to assist the Secretary

of Health and Human Services in developing new criteria and standards

for audits of State child support programs, and to require the Secretary

to promulgate regulations to modify such audits to emphasize program

outcomes.

IN THE HOUSE OF REPRESENTATIVES

MAY 24, 1993

Mr. MCDERMOTT introduced the following bill; which was referred to the

Committee on Ways and Means

A BILL

To provide for the establishment of a committee to assist

the Secretary of Health and Human Services in developing new criteria and standards for audits of State child

support programs, and to require the Secretary to promulgate regulations to modify such audits to emphasize

program outcomes.

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

3 SECTION 1. CHILD SUPPORT AUDIT ADVISORY COMMITTEE.

4 (a) ESTABLISHMENT.—Not later than 60 days after

5 the date of the enactment of this Act, the Secretary of

6 Health and Human Services (in this Act referred to as
2

•HR 2241 IH

1 the ‘‘Secretary’’) shall establish a committee which shall

2 be known as the Child Support Audit Advisory Committee

3 (in this Act referred to as the ‘‘Committee’’).

4 (b) DUTIES.—The Committee shall assist the Sec5 retary in—

6 (1) developing revised audit criteria and stand7 ards to be used pursuant to section 452(a)(4) of the

8 Social Security Act based on—

9 (A) common data elements which are de10 fined, collected, and reported in a uniform man11 ner from each State;

12 (B) numeric measures of the outcomes of

13 the child support enforcement program under

14 part D of title IV of such Act; and

15 (C) numeric measures for assessing com16 pliance with the regulations issued by the Sec17 retary pursuant to subsections (h) and (i) of

18 section 452 of such Act;

19 (2) formulating a definition of substantial com20 pliance that is based on such revised audit criteria

21 and standards;

22 (3) determining the period of time after interim

23 or final Federal regulations are issued implementing

24 such revised audit criteria and standards after which
3

•HR 2241 IH

1 a State may be audited to determine compliance

2 with such regulations; and

3 (4) recommending to the Congress such legisla4 tion as may be necessary, with respect to the financ5 ing of State child support programs under part D of

6 title IV of such Act, to enhance the effectiveness of

7 audits required to be conducted under section

8 452(a)(4) of such Act and the associated penalty

9 process under section 403(h) of such Act.

10 (c) MEMBERSHIP.—The Committee shall be com11 posed of not less than 6 members appointed by the Sec12 retary, including—

13 (1) at least 1 director of a State child support

14 enforcement program operating under part D of title

15 IV of the Social Security Act;

16 (2) at least 1 commissioner of a State human

17 services agency;

18 (3) individuals who have demonstrated expertise

19 in the development of quantitative and qualitative

20 measures for performance-based audits; and

21 (4) at least 2 representatives of recipients of

22 child support enforcement services.

23 (d) PROCEDURE.—

24 (1) PARTICIPATION OF THE SECRETARY.—The

25 Secretary (or a designee of the Secretary) shall be
4

•HR 2241 IH

1 an ex officio member of the Committee, and shall

2 not vote on matters before the Committee.

3 (2) MEETINGS.—The Committee shall meet at

4 the call of the Secretary or a designee of the Sec5 retary.

6 (e) COMPENSATION.—

7 (1) IN GENERAL.—No member of the Commit8 tee may receive compensation for service on the

9 Committee.

10 (2) TRAVEL EXPENSES.—Each member of the

11 Committee shall receive travel expenses, including

12 per diem in lieu of subsistence, in accordance with

13 sections 5702 and 5703 of title 5, United States

14 Code.

15 (f) ADMINISTRATIVE SUPPORT.—Upon request of the

16 Committee, the Secretary shall provide to the Committee

17 the administrative support services necessary for the Com18 mittee to carry out its duties under this Act.

19 (g) INAPPLICABILITY OF THE FEDERAL ADVISORY

20 COMMITTEE ACT.—The Federal Advisory Committee Act

21 shall not apply to the Committee.

22 (h) REPORT.—Within 180 days after the date of the

23 enactment of this Act, the Committee shall submit to the

24 Secretary a report that contains proposed criteria and

25 standards for conducting audits under section 452(a)(4)
5

•HR 2241 IH

1 of the Social Security Act, which emphasize program out2 comes.

3 SEC. 2. NEW CHILD SUPPORT AUDIT PROCESS.

4 (a) IN GENERAL.—After consultation with the Com5 mittee, the Secretary shall—

6 (1) in accordance with subsection (b), promul7 gate new criteria and standards for conducting au8 dits under section 452(a)(4) of the Social Security

9 Act, which emphasize program outcomes; and

10 (2) not later than the 1st day of the 12th cal11 endar month beginning after the date of the enact12 ment of this Act, recommend to the Congress such

13 legislation as may be necessary, with respect to the

14 financing of State child support programs under

15 part D of title IV of the Social Security Act, to en16 hance the effectiveness of such audits and the asso17 ciated penalty process under section 403(h) of the

18 Social Security Act.

19 (b) TIMING.—

20 (1) NOTICE OF PROPOSED RULEMAKING.—Not

21 later than 270 days after the date of the enactment

22 of this Act, the Secretary shall issue a notice of pro23 posed rulemaking with respect to the audit criteria

24 and standards required by subsection (a)(1).
6

•HR 2241 IH

1 (2) FINAL REGULATIONS.—Not later than the

2 first day of the 12th calendar month beginning after

3 the date of the enactment of this Act, and after al4 lowing not less than 45 days for public comment on

5 the proposed rulemaking required by paragraph (1)

6 of this subsection, the Secretary shall issue final reg7 ulations with respect to the audit criteria and stand8 ards required by subsection (a)(1).

Æ