I
104TH CONGRESS
1ST SESSION
H. R. 195
Entitled ‘‘Interstate Child Support Enforcement Act’’.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 4, 1995
Mrs. ROUKEMA introduced the following bill; which was referred to the Com-
mittee on Ways and Means and, in addition, to the Committees on the
Judiciary, Banking and Financial Services, National Security, and Eco-
nomic and Educational Opportunities for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
Entitled ‘‘Interstate Child Support Enforcement Act’’.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCE; TABLE OF CON-
TENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Interstate Child Support Enforcement Act’’.
(b) REFERENCE TO SOCIAL SECURITY ACT.—Except
as otherwise specifically provided, whenever in this Act an
amendment is expressed in terms of an amendment to or
repeal of a section or other provision, the reference shall
be considered to be made to that section or other provision
of the Social Security Act.
(c) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; reference; table of contents.
Sec. 2. Findings, declarations, and purposes.
TITLE I—LOCATE AND CASE TRACKING
Sec. 101. Expansion of use of Federal parent locator system.
Sec. 102. Expansion of data bases accessed by parent locator systems.
Sec. 103. Expansion of access to national network for location of parents.
Sec. 104. Private attorney access to locate and enforcement services.
Sec. 105. Access to law enforcement systems of records.
Sec. 106. State networks for broadcasting warrants.
TITLE II—ESTABLISHMENT
Sec. 201. Service of process.
Sec. 202. Service of process on Federal employees and members of the armed
services relating to child support, alimony, and parentage obli-
gations.
Sec. 203. Presumed address of obligor and obligee.
Sec. 204. Notification to custodial parents.
Sec. 205. State uniformity regarding establishment of parentage and support,
jurisdiction and venue, and Federal employee residential sta-
tus.
Sec. 206. Fair Credit Reporting Act amendments.
Sec. 207. National Child Support Guideline Commission.
Sec. 208. State child support guideline principles.
Sec. 209. Duration of support.
Sec. 210. National subpoena duces tecum.
Sec. 211. Uniform terms in orders.
Sec. 212. Social security numbers on marriage licenses and child support or-
ders.
Sec. 213. Administrative subpoena power.
TITLE III—PARENTAGE
Sec. 301. Parentage.
TITLE IV—ENFORCEMENT
Sec. 401. Anti-assignment clauses amended.
Sec. 402. National reporting of new hires and child support information.
Sec. 403. Direct income withholding.
Sec. 404. Priority of wage withholding.
Sec. 405. Definition of income subject to withholding includes workers’ com-
pensation.
Sec. 406. Consumer Credit Protection Act amendments.
Sec. 407. Election of remedies prohibition.
Sec. 408. Occupational, professional and business licenses
Sec. 409. Driver’s licenses.
Sec. 410. Attachment of bank accounts.
Sec. 411. Lotteries, settlements, payouts, awards, and forfeitures.
Sec. 412. Fraudulent transfer pursuit.
Sec. 413. Full IRS collection.
Sec. 414. Bonds.
Sec. 415. Tax offset for non-AFDC post-minor child.
Sec. 416. Attachment of public and private retirement funds.
Sec. 417. Criminal nonsupport.
Sec. 418. Statutes of limitation.
Sec. 419. Interest.
Sec. 420. Health-care enforcement.
Sec. 421. Bankruptcy.
Sec. 422. Federal Government cooperation in enforcement of support obliga-
tions of members of the armed forces and other persons enti-
tled to payments by the Federal Government.
Sec. 423. UIFSA endorsement.
TITLE V—COLLECTION AND DISTRIBUTION
Sec. 501. Priority of distribution of collections.
Sec. 502. Relationship of AFDC to CSE—limiting reimbursement claims to
award amount.
Sec. 503. Fees for non-AFDC clients.
Sec. 504. Collection and disbursement points for child support.
TITLE VI—FEDERAL ROLE
Sec. 601. Placement and role of the Federal Child Support Agency.
Sec. 602. Training.
Sec. 603. Staffing.
Sec. 604. Funding and incentives for child support agencies.
Sec. 605. Child support definition.
Sec. 606. Audits.
Sec. 607. Child support assurance demonstration projects.
TITLE VII—STATE ROLE
Sec. 701. Prohibition of residency requirement for IV–D services.
Sec. 702. Advocating for children’s economic security.
Sec. 703. Duties of IV–D agencies.
Sec. 704. Broader access to services.
Sec. 705. Process for change of payee in IV–D cases.
TITLE VIII—EFFECTIVE DATE
Sec. 801. Effective date.
SEC. 2. FINDINGS, DECLARATIONS, AND PURPOSES.
(a) FINDINGS.—The Congress finds that—
(1) there is a large and growing number of
child support and parentage cases annually involving
disputes between parents or presumed parents who
reside in different States;
(2) the laws by which the courts of the various
States determine their authority to establish, en-
force, or modify a child support order, or to estab-
lish parentage are not uniform;
(3) those laws, along with the limits imposed by
a Federal system, on the authority of each State to
take certain actions outside its own boundaries, con-
tribute to—
(A) the pressing problem of parties moving
to avoid jurisdiction,
(B) inequities based solely on choice of
domicile,
(C) disregard of court orders resulting in
massive arrearages nationwide,
(D) excessive relitigation of cases,
(E) the establishment of conflicting orders
by the courts of various States, and
(F) inter-jurisdiction travel and commu-
nication that is so expensive and time consum-
ing as to disrupt parties’ occupations and com-
mercial activities; and
(4) among the results of these conditions are—
(A) the failure of the courts of such juris-
dictions to give full faith and credit to the judi-
cial proceedings of the other States,
(B) the deprivation of rights of liberty and
property without due process of law,
(C) burdens on commerce among the
States, and
(D) harm to the welfare of children and
their parents and other custodians.
(b) DECLARATION.—Based on the findings stated in
subsection (a), it is necessary to establish national stand-
ards under which the courts of each State will determine
their jurisdiction to establish, enforce, or modify a child
support order, or to establish parentage and the effect to
be given by each State to such determinations by the
courts of other States.
(c) PURPOSE.—The general purposes of this Act are
to—
(1) expand the forums available to establish,
enforce, or modify a child support order, or to estab-
lish parentage so that such actions may be heard in
the State that has the strongest interest in the
child’s financial security;
(2) promote and expand the exchange of infor-
mation and other forms of mutual assistance be-
tween States that are concerned with the same child;
(3) facilitate the enforcement of support decrees
among the States;
(4) discourage continuing interstate controver-
sies over child support in the interest of greater fi-
nancial stability and secure family relationships for
the child; and
(5) avoid jurisdictional competition and conflict
between courts in matters relating to the establish-
ment, enforcement, and modification of child support
orders, and to the establishment of parentage, which
have resulted in the movement of parties among
States and a low percentage of interstate cases with
support orders, thereby adversely affecting children’s
well-being.
(d) DEFINITIONS.—For purposes of this Act—
(1) STATE.—The term ‘‘State’’ means a State
of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, a territory or posses-
sion of the United States, and Indian country as de-
fined in section 1151 of title 18, United States
Code.
(2) COURT.—The term ‘‘court’’ means a court,
administrative process, or quasijudicial process of a
State that is authorized to—
(A) establish and enforce parentage orders;
(B) establish and enforce orders regarding
the amount of support payable by a contestant;
or
(C) modify orders regarding the amount of
support payable by a contestant.
TITLE I—LOCATE AND CASE
TRACKING
SEC. 101. EXPANSION OF USE OF FEDERAL PARENT LOCA-
TOR SYSTEM.
Section 453 (42 U.S.C. 653) is amended—
(1) by striking ‘‘for the purpose of enforcing
support obligations against such parent’’ in sub-
section (a) and inserting ‘‘for the purposes of par-
entage establishment, child support establishment,
modification, and enforcement, and child visitation
enforcement, provided that safeguards are in place
to prevent release of information when it may jeop-
ardize the safety of the children or either parent’’,
and
(2) by inserting ‘‘and such reasonable fees’’
after ‘‘such documents’’ in subsection (d).
SEC. 102. EXPANSION OF DATA BASES ACCESSED BY PAR-
ENT LOCATOR SYSTEMS.
(a) ADDITIONAL INFORMATION FOR FEDERAL PAR-
ENT LOCATOR SERVICE.—Section 453 (42 U.S.C. 653) is
amended—
(1) by striking ‘‘the most recent address and
place of employment’’ in subsection (b) and inserting
‘‘the most recent residential address, employer name
and address, and amounts and nature of income and
assets’’,
(2) by striking ‘‘the resident parent’’ in sub-
section (c)(3) and inserting ‘‘either parent’’, and
(3) by adding at the end of subsection (e) the
following new paragraph:
‘‘(4) The Secretary of the Treasury shall enter into
an agreement with the Secretary to provide prompt access
for the Secretary (in accordance with this subsection and
section 6103(l)(6) of the Internal Revenue Code of 1986)
to the quarterly estimated Federal income tax returns
filed by individuals with the Internal Revenue Service.’’.
(b) STATE
INFORMATION.—Section 466(a) (42
U.S.C. 666(a)) is amended by inserting after paragraph
(11) the following new paragraphs:
‘‘(12) Procedures under which the State agency
shall have automated on-line or batch access (or, if
necessary, nonautomated access) to information re-
‘‘(M) trade and labor unions located in the
State.
‘‘(13) Procedures under which the State agency
shall maintain a child support order registry which
shall include—
‘‘(A) each child support order in the State
in which the parties agree to the inclusion of
such order in the registry; and
‘‘(B) at the option of the State, all other
child support orders in the State.’’.
(c) SENSE OF THE CONGRESS.—It is the sense of the
Congress that the Secretary of Health and Human Serv-
ices should investigate pursuant to section 453(e) of the
Social Security Act (42 U.S.C. 653(e)) accessing Federal
data banks not already linked to the Parent Locator Serv-
ice which are deemed more-than-marginally useful to lo-
cate absent parents.
(d) EFFECTIVE DATE.—The amendments made by
subsections (a) and (b) shall take effect on and after Jan-
uary 1, 1998.
SEC. 103. EXPANSION OF ACCESS TO NATIONAL NETWORK
FOR LOCATION OF PARENTS.
(a) IN GENERAL.—Section 453 (42 U.S.C. 653) is
amended by adding at the end the following new sub-
section:
‘‘(g) The Secretary, through the Office of Child Sup-
port Enforcement, shall expand the Parent Locator Sys-
tem, established under this section to provide a national
network based on the comprehensive statewide child sup-
port enforcement systems developed by the various States.
Such an expansion would—
‘‘(1) allow each State to—
‘‘(A) locate any absent parent who owes a
child support obligation, for whom an obligation
is being established, or for whom an order for
visitation is being enforced by—
‘‘(i) accessing the records of other
State agencies and sources of locate infor-
mation, and
‘‘(ii) accessing Federal sources of lo-
cate information in the same fashion;
‘‘(B) access the files of other States to de-
termine whether there are other child support
orders and obtain the details of those orders;
‘‘(C) provide for both on-line and batch
processing of locate requests, with on-line ac-
cess restricted to cases in which the information
is needed immediately (i.e., court appearances)
and batch processing used to ‘troll’ data bases
to locate individuals or update information peri-
odically; and
‘‘(D) direct locate requests to individual
States or Federal agencies, broadcast requests
to selected States, or broadcast cases to all
States when there is no indication of the source
of needed information;
‘‘(2) provide for a maximum of 72-hour turn-
around time for information to be broadcast and re-
turned to a requesting State;
‘‘(3) provide ready access to courts of the infor-
mation on the network; and
‘‘(4) access the registry of child support orders
for public and private cases maintained at the State
level by the State agencies as described in section
466(a)(13).’’.
(b) EXPANDED STATE INTERACTION WITH NA-
TIONAL
NETWORK.—Section 
454(16) 
(42 
U.S.C.
654(16)) is amended—
(1) by striking ‘‘and (E)’’ and inserting ‘‘(E)’’,
and
(2) by striking ‘‘enforcement;’’ at the end of
subparagraph (E) and inserting ‘‘enforcement, and
(F) to provide access to the national network devel-
oped pursuant to section 453(g);’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect on and after January 1, 1998.
SEC. 104. PRIVATE ATTORNEY ACCESS TO LOCATE AND EN-
FORCEMENT SERVICES.
Section 466(a) (42 U.S.C. 666(a)), as amended by
section 102, is amended by inserting after paragraph (13)
the following new paragraph:
‘‘(14) Procedures under which private attorneys
and pro se obligees are given access to State locate
information and enforcement techniques of the State
child support enforcement agency, for the limited
purpose of establishing, modifying, and enforcing
child support, visitation, and parentage orders, pro-
vided that safeguards are in place to prevent release
of information when it may jeopardize the safety of
the children or either parent. Such procedures may
provide for reasonable fees for such access.’’.
SEC. 105. ACCESS TO LAW ENFORCEMENT SYSTEMS OF
RECORDS.
The head of the National Criminal Information Cen-
ter, of the National Law Enforcement Telecommuni-
cations Network, and of any other national or regional sys-
tem for tracking individuals shall—
(1) allow access to Federal, State, and local
child support enforcement agencies to information
held by the Center, Network, or other system; and
(2) if an access code is required to allow such
access, provide an access code to each child support
enforcement agency that applies for one.
SEC. 106. STATE NETWORKS FOR BROADCASTING WAR-
RANTS.
Section 466(a) (42 U.S.C. 666(a)), as amended by
section 104, is amended by inserting after paragraph (14)
the following new paragraph:
‘‘(15) Procedures under which the State—
‘‘(A) shall make available for broadcasting
on its local and State crime information system
failure-to-appear warrants, capiases and bench
warrants issued by courts in civil and criminal
parentage and child support proceedings; and
‘‘(B) if a defendant or anyone on behalf of
the defendant posts security after being ar-
rested, shall remit any subsequent forfeiture to
the individual owed the child support obligation
to the extent of any arrearage in such obliga-
tion.’’.
TITLE II—ESTABLISHMENT
SEC. 201. SERVICE OF PROCESS.
Section 466(a) (42 U.S.C. 666(a)), as amended by
section 106, is amended by inserting after paragraph (15)
the following new paragraph:
‘‘(16) Procedures under which the State shall—
‘‘(A) treat out-of-State service of process
in child support and parentage actions in the
same manner as in-State service of process;
‘‘(B) require that notice for the exercise of
jurisdiction over nonresident be given in a man-
ner reasonably calculated to give actual notice
and may be—
‘‘(i) by personal delivery outside the
State in the manner prescribed for service
of process within the State;
‘‘(ii) in the manner prescribed by the
law of the place in which the service is
made;
‘‘(iii) by first-class mail addressed to
the individual to be served (if allowed by
the State’s rules of civil procedure) or any
other form of mail that includes a request
for a receipt or signature of such individ-
and if service is made by mail, proof of service
may be by a receipt signed by the addressee or
other evidence of delivery to the addressee; and
‘‘(F) require the availability of first-class
mail service after the service of the summons
and initial pleadings.’’.
SEC. 202. SERVICE OF PROCESS ON FEDERAL EMPLOYEES
AND MEMBERS OF THE ARMED SERVICES RE-
LATING TO CHILD SUPPORT, ALIMONY, AND
PARENTAGE OBLIGATIONS.
(a) IN GENERAL.—Part D of title IV is amended by
inserting after section 460 the following new section:
‘‘SERVICE OF PROCESS ON FEDERAL EMPLOYEES AND
MEMBERS OF THE ARMED SERVICES RELATING TO
CHILD SUPPORT, ALIMONY, AND PARENTAGE OBLI-
GATIONS.
‘‘SEC. 460A. (a) The head of each agency shall des-
ignate an agent for receipt of service of process for any
employee or member of the armed services of such agency
relating to any action filed in a State court to establish,
enforce, or modify a child support order or an alimony
order, or to establish parentage.
‘‘(b) The agent designated under subsection (a) shall
receive service of process—
‘‘(1) at the designated post of duty or regular
place of business of the employee or member of the
armed services; or
‘‘(2) at a location within the United States for
an employee or member of the uniformed services
whose post of duty is outside of the United States.
‘‘(c) Nothing in this section shall be construed to pro-
hibit any employee or member of the armed services from
requesting or being granted a stay or continuance in any
action in a Federal or State court, including any relief
available under the Soldiers and Sailors Civil Relief Act
of 1940 (50 U.S.C. App. 501 et seq.).
‘‘(d) For purposes of this section, the term ‘agency’
means each agency of the Federal Government, includ-
ing—
‘‘(1) an Executive agency as defined under sec-
tion 105 of title 5, United States Code;
‘‘(2) the Department of Defense with regard to
employees of such department and members of the
armed services;
‘‘(3) the United States Postal Service and Post-
al Rate Commission;
‘‘(4) any agency of the government of the Dis-
trict of Columbia;
‘‘(5) any agency of the legislative or judicial
branch of the Government; and
‘‘(6) any advisory committee to which the Fed-
eral Advisory Committee Act (5 U.S.C. App. 2)
applies.’’.
(b) CONFORMING AMENDMENT FOR GARNISHMENT
PROCEEDINGS.—Section 459(b) (42 U.S.C. 659(b)) is
amended—
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and
(2) by adding at the end thereof the following
new paragraph:
‘‘(2) With respect to any Federal employee, including
any member of the armed services, the agent designated
under paragraph (1) shall receive service of process—
‘‘(A) at the designated post of duty or regular
place of business of the employee or member of the
armed services; or
‘‘(B) at a location within the United States for
an employee or member of the armed services whose
post of duty is outside of the United States.
‘‘(3) Nothing in this section shall be construed to pro-
hibit any employee or member of the armed services from
requesting or being granted a stay or continuance in any
action in a Federal or State court, including any relief
available under the Soldiers and Sailors Civil Relief Act
of 1940 (50 U.S.C. App. 501 et seq.).’’.
(c) REGULATIONS.—No later than 270 days after the
date of the enactment of this Act, the head of each agency
shall promulgate and publish regulations implementing
the amendments made by this section.
SEC. 203. PRESUMED ADDRESS OF OBLIGOR AND OBLIGEE.
Section 466(a) (42 U.S.C. 666(a)), as amended by
section 201, is amended by inserting after paragraph (16)
the following new paragraph:
‘‘(17) Procedures under which the State shall—
‘‘(A) require the filing of parents’ residen-
tial addresses, mailing addresses, home tele-
phone numbers, driver’s license numbers, social
security numbers, names of employers, address-
es of places of employment, and work telephone
numbers with the appropriate court or adminis-
trative agency, on or before the date the final
order is issued;
‘‘(B) create the presumption that for the
purpose of providing sufficient notice in any
support-related action other than the initial
notice in an action to establish parentage or es-
tablish a child support order that the last resi-
dential address of the party given to the
appropriate agency or court is the current ad-
dress of the party; and
‘‘(C) ensure that information concerning
the location of a parent or child shall not be re-
leased to the other parent if there is a court
order for the physical protection of one parent
or child entered against the other parent.’’.
SEC. 204. NOTIFICATION TO CUSTODIAL PARENTS.
Section 454 (42 U.S.C. 654) is amended by striking
‘‘and’’ at the end of paragraph (23), by striking the period
at the end of paragraph (24) and inserting ‘‘; and’’, and
by inserting after paragraph (24) the following new para-
graph:
‘‘(25) provide that the agency administering the
plan—
‘‘(A) notify any individual owed a child
support obligation of all hearings in which such
obligation might be established, modified, or en-
forced, in a timely fashion to allow custodial
parents the opportunity to attend and present
evidence to the court, except that failure to ac-
tually notify such individual may not be used as
a ground for delay and shall not prevent a
court from rendering a decision if the agency
made reasonable attempts to provide such no-
tice; and
‘‘(B) provide custodial parents with a copy
of any order that establishes, modifies, or en-
forces a child support obligation within 14 days
of the date of the issuance of such order.’’.
SEC. 205. STATE UNIFORMITY REGARDING ESTABLISH-
MENT OF PARENTAGE AND SUPPORT, JURIS-
DICTION AND VENUE, AND FEDERAL EM-
PLOYEE RESIDENTIAL STATUS.
Section 466(a) (42 U.S.C. 666(a)), as amended by
section 203, is amended by inserting after paragraph (17)
the following new paragraph:
‘‘(18) Procedures under which within the
State—
‘‘(A) a party seeking both parentage and
child support establishment shall be able to
bring both in a single cause of action;
‘‘(B) the venue for parentage establish-
ment shall be in the county of residence of the
child, when the child and alleged parent who is
the defendant reside in different counties within
the State;
‘‘(C) a court or agency that issues a par-
entage or child support order shall have con-
tinuing and exclusive jurisdiction over the order
until that court or agency transfers jurisdiction
to the appropriate court or agency in the county
where the child resides, or the parties consent
to be bound by another court or agency in the
State that has subject matter jurisdiction;
‘‘(D) proceedings for purposes of enforce-
ment and modification shall be transferred to
the city, county, or district where the child re-
sides without the need for refiling by the plain-
tiff or re-serving the defendant;
‘‘(E) a court or agency that hears parent-
age or child support claims shall have statewide
jurisdiction over the parties, and the parentage
and child support orders issued by the court or
agency shall have statewide effect for enforce-
ment purposes; and
‘‘(F) visitation denial is not a defense to
child support enforcement and the nonpayment
of support is not a defense to visitation enforce-
ment.’’.
SEC. 206. FAIR CREDIT REPORTING ACT AMENDMENTS.
Section 604 of the Consumer Credit Protection Act
(15 U.S.C. 1681b) is amended by adding at the end there-
of the following new paragraph:
‘‘(4) To an agency administering a State plan under
section 454 of the Social Security Act (42 U.S.C. 654)
to use the information relevant to the setting of an initial
or modified child support award, without the necessity of
a court order.’’.
SEC. 207. NATIONAL CHILD SUPPORT GUIDELINE COMMIS-
SION.
(a) ESTABLISHMENT.—There is hereby established a
commission to be known as the ‘‘National Child Support
Guidelines Commission’’ (in this section referred to as the
‘‘Commission’’).
(b) GENERAL DUTIES.—The Commission shall con-
vene a conference to study the desirability of a national
child support guideline, and if such guideline is advisable,
the Commission shall develop for congressional consider-
ation a national child support guideline that is based on
the conference’s study of various guideline models, the de-
ficiencies of such models and any needed improvements.
(c) MEMBERSHIP.—
(1) NUMBER; APPOINTMENT.—
(A) IN GENERAL.—The Commission shall
be composed of 9 individuals appointed jointly
by the Secretary of Health and Human Services
and the Congress, not later than January 15,
1994.
(B) 
QUALIFICATIONS
OF
MEMBERS.—
Members of the Commission shall be appointed
from among those who are able to provide ex-
pertise and experience in the evaluation and de-
velopment of child support guidelines. At least
2 of the members shall represent parent child
support advocacy groups.
(2) TERMS OF OFFICE.—Each member shall be
appointed for a term of 1 year. A vacancy in the
Commission shall be filled in the manner in which
the original appointment was made.
(d) COMMISSION POWERS, COMPENSATION, ACCESS
TO INFORMATION, AND SUPERVISION.—The first sentence
of subparagraph (C), the first and third sentences of sub-
paragraph (D), subparagraph (F) (except with respect to
the conduct of medical studies), clauses (ii) and (iii) of
subparagraph (G), and subparagraph (H) of section
1886(e)(6) of the Social Security Act shall apply to the
Commission in the same manner in which such provisions
apply to the Prospective Payment Assessment Commis-
sion.
(e) REPORT.—Not later than 1 year after the ap-
pointment of members, the Commission shall report to the
President and the Congress on the results of the study
described in subsection (b) and the final assessment by
the Commission of issues relating to a national child sup-
port guideline.
(f) TERMINATION.—The Commission shall terminate
upon the submission of the report described in subsection
(e).
SEC. 208. STATE CHILD SUPPORT GUIDELINE PRINCIPLES.
Section 467 (42 U.S.C. 667) is amended by adding
at the end the following new subsections:
‘‘(d) The guidelines established pursuant to sub-
section (a) shall include the following principles:
‘‘(1) A change in the child support amount re-
sulting from the application of the guidelines since
the entry of the last support order is sufficient rea-
son for modification of a child support obligation
without the necessity of showing any other change in
circumstance.
‘‘(2) Any custodial parent requesting a review
of a child support award who is not receiving aid for
families with dependent children under part A of
this title must agree to both review and modification
of such award. Such custodial parent shall be ad-
vised of a recalculated support amount based on
such review and given an opportunity to decline the
pursuit of the modification.
‘‘(e) The guidelines established pursuant to sub-
section (a) shall take into account the following:
‘‘(1) Work-related or job-training-related child
care expenses of either parent for the care of chil-
dren of either parent.
‘‘(2) Health insurance and related uninsured
health care expenses, and extraordinary school ex-
penses incurred on behalf of the child of such par-
ents for whom the child support order is sought.
‘‘(3) Multiple family child raising obligations
other than those for the child for whom the child
support order is sought.’’.
SEC. 209. DURATION OF SUPPORT.
Section 466(a) (42 U.S.C. 666(a)), as amended by
section 205, is amended by inserting after paragraph (18)
the following new paragraph:
‘‘(19) Procedures under which the State—
‘‘(A) requires a continuing support obliga-
tion by one or both parents until at least the
latter of when a child reaches the age of eight-
een, or graduates from or is no longer enrolled
in secondary school or its equivalent, unless a
child marries, or is otherwise emancipated by a
court of competent jurisdiction;
‘‘(B) provides that courts with child sup-
port jurisdiction have the discretionary power,
pursuant to criteria established by the State, to
order—
‘‘(i) child support, payable to an adult
child, at least up to the age of 22 for a
child enrolled in an accredited postsecond-
ary or vocational school or college and who
is a student in good standing;
‘‘(ii) either or both parents to pay for
postsecondary school support based on
each parent’s financial ability to pay;
‘‘(C) provides for child support to continue
beyond the child’s age of majority provided the
child is disabled, unable to be self-supportive,
and the disability arose during the child’s mi-
nority; and
‘‘(D) provides that courts should consider
the effect of child support received on means-
tested governmental benefits and whether to
credit governmental benefits against a support
award amount.’’.
SEC. 210. NATIONAL SUBPOENA DUCES TECUM.
Section 452(a) (42 U.S.C. 652(a)) is amended by
striking ‘‘and’’ at the end of paragraph (9), by striking
the period at the end of paragraph (10), and by inserting
after paragraph (10) the following new paragraphs:
‘‘(11) draft and distribute a national subpoena
duces tecum for use by local and State child support
agencies and child support litigants to reach income
information pertaining to all private, Federal, State,
and local government employees, as well as any re-
ceivers of income, such subpoena duces tecum—
‘‘(A) to be limited to evidence regarding
the prior 12 months of income or evidence of
accumulated income to date,
‘‘(B) to be honored by payors with the
timely mailing of the information to a supplied
address on the subpoena,
‘‘(C) to be enforced by a hearing held in
the payor’s State at which time the payor
bears, under penalty of State sanction, the bur-
den of specifying the reasons for not timely
honoring the subpoena, and
‘‘(D) the information of which is to be ad-
mitted once offered to prove the truth of the
matter asserted; and
‘‘(12) establish a simplified certification process
and admissibility procedure for out-of-State docu-
ments in child support or parentage cases.’’.
SEC. 213. ADMINISTRATIVE SUBPOENA POWER.
Section 466(a) (42 U.S.C. 666(a)), as amended by
section 212, is amended by inserting after paragraph (20)
the following new paragraph:
‘‘(21) Procedures under which the State agency
may issue subpoenas that require the individual
served to produce and deliver documents to or to ap-
pear at a court or administrative agency on a certain
date and may sanction an individual for failing to
obey the subpoena’s command.’’.
TITLE III—PARENTAGE
SEC. 301. PARENTAGE.
(a) STATE PLAN.—Section 454 (42 U.S.C. 654), as
amended by section 204, is amended by striking ‘‘and’’
at the end of paragraph (24), by striking the period at
the end of paragraph (25) and inserting ‘‘; and’’, and by
inserting after paragraph (25) the following new para-
graph:
‘‘(26) in order to encourage voluntary paternity
acknowledgement, provide for—
‘‘(A) the development and distribution of
material at schools, hospitals, agencies admin-
istering the programs under part A of this title
and title XIX, prenatal health-care providers,
WIC programs, health departments, clinics, and
other appropriate locations that describe the
benefits and responsibilities of paternity estab-
lishment and the process by which paternity
services may be obtained,
‘‘(B) outreach programs at hospitals and
birthing facilities and programs for prenatal
care, child birth, and parenting, and
‘‘(C) the use of consent procedures.’’.
(b) 
ENHANCED
FEDERAL
MATCH.—Section
455(a)(1) (42 U.S.C. 655(a)(1)) is amended by striking
‘‘and’’ at the end of subparagraph (B), by inserting ‘‘and’’
after the semicolon at the end of subparagraph (C), and
by inserting after subparagraph (C) the following new sub-
paragraph:
‘‘(D) equal to 90 percent (rather than the
percentage specified in subparagraph (A)) of so
much of the sums expended during such quar-
ter as are attributable to costs incurred in car-
rying out the purposes of section 454(26);’’.
TITLE IV—ENFORCEMENT
SEC. 401. ANTI-ASSIGNMENT CLAUSES AMENDED.
Section 462(f)(2) (42 U.S.C. 662(f)(2)) is amended
by striking ‘‘(not including’’ and all that follows through
‘‘compensation)’’.
SEC. 402. NATIONAL REPORTING OF NEW HIRES AND CHILD
SUPPORT INFORMATION.
(a) FEDERAL IMPLEMENTATION OF SYSTEM.—
(1) IN GENERAL.—The Secretary of the Treas-
ury, in consultation with the Secretary of Labor,
shall establish a system of reporting of new employ-
ees by requiring employers to provide a copy of every
new employee’s W–4 form to the child support en-
forcement agency of the State in which the employ-
ment is located.
(2) EXPANDED USE OF FORM.—The Secretary
of the Treasury shall modify the W–4 form com-
pleted by the new employee to include—
(A) whether a child support obligation is
owed by the new employee, and if so, to whom
such obligation is payable and the amount of
such obligation,
(B) whether payment of such obligation is
to be by income withholding, and
(C) whether the new employee has health
care insurance available.
(3) EMPLOYER WITHHOLDING OBLIGATION.—
(A) IN GENERAL.—Subtitle C of the Inter-
nal Revenue Code of 1986 (relating to employ-
ment taxes) is amended by inserting after chap-
ter 24 the following new chapter:
‘‘CHAPTER 24A—COLLECTION OF CHILD
SUPPORT OBLIGATIONS AT SOURCE
OF WAGES
‘‘Sec. 3411. Child support obligations collected at source of wages.
‘‘SEC. 3411. CHILD SUPPORT OBLIGATIONS COLLECTED AT
SOURCE OF WAGES.
‘‘(a) REQUIREMENT OF WITHHOLDING.—Every em-
ployer making payment of wages shall deduct and with-
hold upon such wages a specified child support obligation
amount.
‘‘(b) SPECIFIED
CHILD
SUPPORT
OBLIGATION
AMOUNT.—For purposes of this chapter, the specified
child support obligation amount with respect to any em-
ployee shall be determined based on information provided
by the employee that has been confirmed or corrected by
the State enforcing the wage withholding within which the
employer is located under procedures described in section
466(a)(22) of the Social Security Act.
‘‘(c) LIABILITY FOR PAYMENT.—The employer shall
be liable for the payment of the specified child support
obligation amount to the payee identified by the employee.
‘‘(d) SPECIAL RULES.—For purposes of this chapter
(and so much of subtitle F as relates to this chapter), any
specified child support obligation amount shall be treated
as if it were a tax withheld under chapter 24 and rules
similar to the rules of such chapter shall apply.
‘‘(e) DEFINITIONS.—For purposes of this section, the
terms ‘wages’, ‘employee’ and ‘‘employer’ shall have the
meanings given to such terms by subsections (a), (c), and
(d), respectively.’’
(B) CLERICAL AMENDMENT.—The table of
chapters of subtitle C of the Internal Revenue
Code of 1986 is amended by inserting after the
item relating to chapter 24 the following new
item:
‘‘CHAPTER 24A. Child support obligations collected at source of
wages.’’.
(4) WITHHELD CHILD SUPPORT OBLIGATIONS
REPORTED ON W–2 FORMS.—Subsection (a) of sec-
tion 6051 of the Internal Revenue Code of 1986 (re-
lating to receipts for employees) is amended by
striking ‘‘and’’ at the end of paragraph (8), by strik-
ing the period at the end of paragraph (9) and in-
serting ‘‘, and’’, and by inserting after paragraph
(9) the following new paragraph:
‘‘(10) the total amount of specified child sup-
port obligations withheld under section 3411.’’.
(b) STATE IMPLEMENTATION OF SYSTEM.—Section
466(a) (42 U.S.C. 666(a)), as amended by section 213,
is amended by inserting after paragraph (21) the following
new paragraph:
‘‘(22) Procedures under which the State shall—
‘‘(A) impose monetary penalties on—
‘‘(i) any individual who owes child
support obligations who fails to report
such obligations on a Federal income tax
W–4 form at time of employment;
‘‘(ii) any employer who fails to for-
ward such W–4 form to the State child
support enforcement agency within 10 cal-
endar days of the date of the employment
of such individual; and
‘‘(iii) any employer who fails to with-
hold the child support obligation and dis-
burse such obligation to the individual
owed such obligation within 10 calendar
days of the date of the payroll, using elec-
tronic funds transfer, if possible, unless
otherwise notified by such State agency;
‘‘(B) confirm the information provided
under subparagraph (A)(ii) or identify child
support obligations that have not been reported
by the new employee through the use of the
SEC. 403. DIRECT INCOME WITHHOLDING.
(a) STATE LAW.—
(1) IN GENERAL.—Section 466(b) (42 U.S.C.
666(b)) is amended by adding at the end the follow-
ing new paragraphs:
‘‘(11) Any individual or entity engaged in com-
merce, as a condition of doing business in the State,
shall honor income withholding notices or orders is-
sued by a court or agency of any other State. Serv-
ice of the notice may be by first-class mail, or di-
rectly served on the income source. The individual or
entity served shall immediately provide a copy of the
notice to the employee. The individual or entity shall
honor the withholding notice or order—
‘‘(A) if such notice or order is regular on
its face,
‘‘(B) regardless of the location of the em-
ployee’s workplace.
If such notice or order is fully complied with, the in-
dividual or entity may not be held liable for wrongful
withholding.
‘‘(12) In any case under this part, if a contest
to or refusal to comply with an income withholding
notice or order occurs, the State seeking withholding
shall send an informational copy of the withholding
notice or order to the registry established under sub-
section (a)(15) in the State in which the employee
is employed or which is the source of the income.’’.
(2) CONTEST HEARING.—Paragraph (4) of sec-
tion 466(b) (42 U.S.C. 666(b)) is amended by add-
ing at the end the following new subparagraph:
‘‘(C) If the employee requests a hearing to con-
test the withholding based on a mistake of fact, that
hearing may be held in the State of the income
source or the State of the employee’s employment,
with a determination made within 45 days of the
mailing of the withholding notice or order to the in-
come source. The State where any hearing is held
shall provide the appropriate services in cases en-
forced under the State plan to ensure that the inter-
ests of the individual owed the child support obliga-
tion are represented.’’.
(3) EMPLOYER
RECORDS.—Paragraph (6) of
section 466(b) (42 U.S.C. 666(b)) is amended by
adding at the end the following new subparagraph:
‘‘(E) The employer shall maintain records of
payroll deductions taken in compliance with this sec-
tion and make such records available upon request
to the State or individual enforcing the wage with-
holding order.’’.
(b) 
UNIFORM
WITHHOLDING
NOTICE.—Section
452(a) (42 U.S.C. 652(a)), as amended by section 211,
is amended by striking ‘‘and’’ at the end of paragraph
(12), by striking the period at the end of paragraph (13)
and inserting ‘‘; and’’, and by inserting after paragraph
(13) the following new paragraph:
‘‘(14) develop a uniform withholding notice to
be used in all income withholding cases, such notice
to list the number of children covered by such notice
and to be generic to allow for the service of the same
notice on subsequent or concurrent sources of in-
come without the necessity of obtaining from the
decisionmaker a new, income-source-specific notice.’’.
SEC. 404. PRIORITY OF WAGE WITHHOLDING.
Section 466(b) (42 U.S.C. 666(a)), as amended by
section 403, is amended by inserting after paragraph (14)
the following new paragraph:
‘‘(13) Procedures under which, absent a request
by the custodial parent, the presumptive priority of
withholding under a child support or income with-
holding order is—
‘‘(A) payments on current support obliga-
tions,
‘‘(B) payments of premiums for health in-
surance for dependent children, and
‘‘(C) payments on past due child support
obligations and unreimbursed health-care ex-
penses.
In the case of multiple withholding orders affecting
the same employee, payments shall be made to each
child on a pro rata basis.’’.
SEC. 405. DEFINITION OF INCOME SUBJECT TO WITHHOLD-
ING INCLUDES WORKERS’ COMPENSATION.
Section 462 (42 U.S.C. 662(f)) is amended—
(1) by striking ‘‘For purposes of section 459’’
and inserting ‘‘For purposes of section 459 and, in
the case of subsection (f), this part’’,
(2) by striking the period at the end of para-
graph (2) of subsection (f) and inserting ‘‘, or’’, and
(3) by adding at the end of subsection (f) the
following new paragraph:
‘‘(3) workers’ compensation benefits.’’.
SEC. 406. CONSUMER CREDIT PROTECTION ACT AMEND-
MENTS.
(a) PREEMPTION OF STATE LAWS.—Section 307 of
the Consumer Credit Protection Act (15 U.S.C. 1677) is
amended—
(1) by striking ‘‘This’’ and inserting ‘‘(a) IN
GENERAL.—Subject to subsection (b), this’’;
(2) by striking ‘‘or’’ at the end of paragraph
(1);
(3) by striking the period at the end of para-
graph (2) and inserting ‘‘, or’’; and
(4) by adding at the end the following:
‘‘(3) providing a cause of action, either by the
State or a private individual, to enforce a Federal or
State law related to garnishment for the purpose of
securing child support.
‘‘(b) EXCEPTION.—Subsection (a)(1) does not apply
to the laws of any State that prohibit or restrict garnish-
ments for the purpose of securing support for any
person.’’.
(b) OTHER FORMS OF INCOME.—Title III of the
Consumer Credit Protection Act (15 U.S.C. 1671 et seq.)
is amended by adding at the end the following new section:
‘‘SEC. 308. OTHER FORMS OF INCOME.
‘‘This title does not apply to forms of income that
are not earnings within the definition contained in section
302(a).’’.
(c) PRIORITY OF DEBTS.—Title III of the Consumer
Credit Protection Act (15 U.S.C. 1671 et seq.), as amend-
ed by subsection (b), is further amended by adding at the
end the following new section:
‘‘SEC. 309. PRIORITY OF DEBTS.
‘‘If an individual’s disposable earnings are not suffi-
cient to pay—
‘‘(1) a garnishment intended to satisfy a Fed-
eral debt; and
‘‘(2) a garnishment intended to satisfy a debt
related to the support of any child,
the Federal debt shall be satisfied through garnishment
only after the debt related to child support has first been
satisfied.’’.
(d) ADDITIONAL
INDEBTEDNESS
IN
ANTI-DIS-
CHARGE SECTION.—Section 304 of the Consumer Credit
Protection Act (16 U.S.C. 1674) is amended by adding
at the end the following:
‘‘(c) The prohibition contained in subsection (a) shall
apply to any employee whose earnings are subject to gar-
nishment for more than one indebtedness, if the additional
indebtedness arises from an order for the support of a
child.’’.
SEC. 407. ELECTION OF REMEDIES PROHIBITION.
Section 466(a) (42 U.S.C. 666(a)), as amended by
section 402, is amended by inserting after paragraph (22)
the following new paragraph:
‘‘(23) Procedures under which the doctrine of
election of remedies may not be invoked in child sup-
port cases.’’.
SEC. 408. OCCUPATIONAL, PROFESSIONAL AND BUSINESS
LICENSES
(a) STATE HOLD BASED ON WARRANT OR SUPPORT
DELINQUENCY.—Section 466(a) (42 U.S.C. 666(a)), as
amended by section 407, is amended by inserting after
paragraph (23) the following new paragraph:
‘‘(24) Procedures under which the State occu-
pational licensing and regulating departments and
agencies may not issue or renew occupational, pro-
fessional, or business licenses of—
‘‘(A) noncustodial parents who are the sub-
ject of outstanding failure to appear warrants,
capiases, and bench warrants related to a child
support proceeding that appear on the State’s
crime information system, until removed from
the system; and
‘‘(B) individuals who are delinquent in
their child support obligation, until the pro se
obligee, the obligee’s attorney, or a State pros-
ecutor responsible for child support enforcement
consents to, or a court that is responsible for
the order’s enforcement orders, the release of
the hold on the license, or an expedited inquiry
and review is completed while such individual is
granted a 60-day temporary license.’’.
(b) FEDERAL HOLD BASED ON SUPPORT DELIN-
QUENCY.—No Federal agency may issue or renew occupa-
tional, professional, or business licenses of individuals who
are delinquent in their child support obligation, until the
pro se obligee, the obligee’s attorney or a State prosecutor
responsible for child support enforcement consents to, or
a court that is responsible for the order’s enforcement or-
ders, the release of the hold on the license, or an expedited
inquiry and review is completed while such individual is
granted a 60-day temporary license.
(c) WAIVER OF FEDERAL IMMUNITY.—The Federal
Government shall waive its sovereign immunity claims for
this limited purpose and cooperate fully with local and
State officials regarding license issuances or renewals.
SEC. 409. DRIVER’S LICENSES.
Section 466(a) (42 U.S.C. 666(a)), as amended by
section 408, is amended by inserting after paragraph (24)
the following new paragraph:
‘‘(25) Procedures under which the State motor
vehicle department may not issue or renew a driver’s
license (other than a temporary license of not more
than 60-days duration) of any noncustodial parent
who is the subject of an outstanding failure to ap-
pear warrant, capias, or bench warrant related to a
child support proceeding that appears on the State’s
crime information system, until removed from the
system.’’.
SEC. 410. ATTACHMENT OF BANK ACCOUNTS.
Section 466(a) (42 U.S.C. 666(a)), as amended by
section 409, is amended by inserting after paragraph (25)
the following new paragraph:
‘‘(26) Procedures under which the State shall
authorize post-judgment seizure of the bank ac-
counts of delinquent child support obligors without
the need to obtain a separate court order for the at-
tachment. The funds shall be frozen pending notice
to and an expedited opportunity to be heard for the
account holder or holders. If the account holder or
holders do not successfully challenge the freeze, the
part of the account subject to the freeze up to the
amount of the child support debt shall be turned
over to the individual or State seeking the execu-
tion.’’.
SEC. 411. LOTTERIES, SETTLEMENTS, PAYOUTS, AWARDS,
AND FORFEITURES.
Paragraph (4) of section 466(a) (42 U.S.C. 666(a))
is amended by inserting before the period the following:
‘‘, including the following:
‘‘(A) A lottery player’s winnings from a
State lottery or a gambler’s winnings in a
State-sanctioned or tribal-sanctioned gambling
house or casino held by the distributor.
‘‘(B) Insurance settlements or policy pay-
outs held by the insurance carrier or the risk-
holder.
‘‘(C) State or Federal court awards, judg-
ments, or settlements held by either the attor-
ney for the payor or the pro se payor.
‘‘(D) Property seized and forfeited to the
State when an individual has been convicted of
a crime involving forfeiture of property.’’.
SEC. 412. FRAUDULENT TRANSFER PURSUIT.
Section 466(a) (42 U.S.C. 666(a)), as amended by
section 410, is amended by inserting after paragraph (26)
the following new paragraph:
‘‘(27) Procedures that allow the State to void
fraudulent conveyances of property that are made in
an attempt to avoid child support obligations.’’.
SEC. 413. FULL IRS COLLECTION.
(a) SENSE OF THE CONGRESS.—It is the sense of the
Congress that the Commissioner of the Internal Revenue
Services should instruct the field offices and agents of the
Internal Revenue Service to give a high priority to re-
quests for the use of full collection in delinquent child sup-
port cases, and to set uniform standards for full collection
to ensure its expeditious and effective implementation.
(b) SIMPLIFIED PROCEDURE.—The Secretary of the
Treasury, in consultation with the Secretary of Health and
Human Services, shall by regulation simplify the full col-
lection process and reduce the amount of child support
arrearage needed before an individual may apply for full
collection, and shall report to the Congress by January
1, 1997, on the actions taken and the effect of such ac-
tions.
SEC. 414. BONDS.
Paragraph (6) of section 466(a) (42 U.S.C. 666(a))
is amended by inserting ‘‘(A)’’ after ‘‘(6)’’ and by adding
at the end the following new subparagraph:
‘‘(B) In cases not involving absent parents, pro-
cedures which allow the posting of a cash bond, se-
curity deposit, or personal undertaking with the
State child enforcement agency if child support pay-
ments are not timely made, with the refund of funds
(other than the costs of posting) if the individual
who owes a child support obligation makes full pay-
ments for a prescribed period of time.’’.
SEC. 415. TAX OFFSET FOR NONAFDC POST-MINOR CHILD.
Section 464(c) (42 U.S.C. 664(c)) is amended—
(1) by striking ‘‘(1) Except as provided in para-
graph (2), as’’ and inserting ‘‘As’’, and
(2) by striking paragraphs (2) and (3).
SEC. 416. ATTACHMENT OF PUBLIC AND PRIVATE RETIRE-
MENT FUNDS.
Section 466(a) (42 U.S.C. 666(a)), as amended by
section 412, is amended by inserting after paragraph (27)
the following new paragraph:
‘‘(28) Procedures under which—
‘‘(A) an individual owed a child support
obligation may attach lump sum funds invested
by the individual who owes such obligation or
the employer of such individual in public and
private retirement plans, including any funds
that are prematurely reachable by such individ-
ual without loss of employment even if the dis-
tribution would cause a penalty or tax to such
individual for early withdrawal;
‘‘(B) all early withdrawal penalties or taxes
remain the responsibility of the individual who
owes such obligation; and
‘‘(C) the attachment is made without the
requirement of a separate court order, with no-
tice and an expedited hearing provided if re-
quested.’’.
SEC. 417. CRIMINAL NONSUPPORT.
Section 466(a) (42 U.S.C. 666(a)), as amended by
section 416 is amended by inserting after paragraph (28)
the following new paragraph:
‘‘(29) Procedures under which—
‘‘(A) criminal nonsupport penalties may be
imposed; and
‘‘(B) the use immunity may be granted to
compel testimony in civil child support proceed-
ings where the defendant claims a Fifth
Amendment privilege against self-incrimination,
and once granted, bars Federal or other State
prosecution for criminal nonsupport based on
the testimony given in the civil proceeding in
which use immunity was granted.’’.
SEC. 418. STATUTES OF LIMITATION.
(a) IN
GENERAL.—Section 466(a) (42 U.S.C.
666(a)), as amended by section 417, is amended by insert-
ing after paragraph (29) the following new paragraph:
‘‘(30) Procedures which permit the enforcement
of any child support order until at least the child’s
30th birthday.’’.
(b) EFFECTIVE DATE.—The amendment made by
this section shall apply to orders entered before, on, and
after the date of the enactment of this Act.
‘‘(i) the employer or union shall re-
lease to the individual owed such obligation
or the State child enforcement agency,
upon request, information on the depend-
ent coverage including the name of the in-
surer,
‘‘(ii) the employer or union or insurer
shall provide all necessary reimbursement
forms to such individual, and
‘‘(iii) the employer or union shall pro-
vide claim forms and enrollment cards to
such individual and honor the signature of
such individual on the claim form;
‘‘(H) courts shall quantify ‘reasonable cost’
in the order providing for medical support; and
‘‘(I) employers located in the State are re-
quired to provide notice, using an address pro-
vided by the State child support enforcement
agency, to the custodial parent for children of
any termination or change in benefit of an in-
surance plan under which children in the par-
ent’s care are covered.’’.
SEC. 421. BANKRUPTCY.
(a) DEFINITION.—Section 101 of title 11, United
States Code, is amended by inserting after paragraph (12)
the following new paragraph:
‘‘(12a) ‘debt for child support’ means a debt to
a child for maintenance for or support of the child
within the meaning of section 523(a)(5).’’.
(b) EXCEPTION FROM AUTOMATIC STAY.—Section
362(b) of title 11, United States Code, is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(2)’’;
(2) by adding ‘‘or’’ after the semicolon; and
(3) by adding at the end the following new
paragraph:
‘‘(B) under subsection (a), of the commence-
ment or continuation of a civil action or administra-
tive proceeding against the debtor—
‘‘(i) to establish parentage;
‘‘(ii) to establish, review, adjust, or modify
a judgment or order creating a debt for child
support; or
‘‘(iii) to enforce or collect on a judgment or
order issued in such an action or proceeding;’’.
(c) TREATMENT OF DEBT FOR CHILD SUPPORT IN
PROCEEDINGS UNDER CHAPTERS 11, 12, AND 13.—
(1) CHAPTER 11.—Section 1123(a) of title 11,
United States Code, is amended—
(A) by striking ‘‘and’’ at the end of para-
graph (6);
(B) by striking the period at the end of
paragraph (7) and inserting ‘‘; and’’; and
(C) by adding at the end the following new
paragraph:
‘‘(8) provide for the full payment when due of
debts for child support, unless the parent in custody
or guardian of the child agrees otherwise.’’.
(2) CHAPTER 12.—Section 1222(a) of title 11,
United States Code, is amended—
(A) by striking ‘‘and’’ at the end of para-
graph (2);
(B) by striking the period at the end of
paragraph (3) and inserting ‘‘; and’’; and
(C) by adding at the end the following new
paragraph:
‘‘(4) provide for the full payment when due of
debts for child support, unless the parent in custody
or guardian of the child agrees otherwise.’’.
(3) CHAPTER 13.—Section 1322(a) of title 11,
United States Code, is amended—
(A) by striking ‘‘and’’ at the end of para-
graph (2);
(B) by striking the period at the end of
paragraph (3) and inserting ‘‘; and’’; and
(C) by adding at the end the following new
paragraph:
‘‘(4) provide for the full payment when due of
debts for child support, unless the parent in custody
or guardian of the child agrees otherwise.’’.
(d) ASSERTION OF CLAIM FOR CHILD SUPPORT.—
(1) IN GENERAL.—Subchapter I of chapter 5 of
title 11, United States Code, is amended by adding
at the end the following new section:
‘‘§ 511. Assertion of claim for child support
‘‘(a) IN GENERAL.—A claim for payment of a debt
for child support may be asserted by the filing of a claim
form that describes the debt.
‘‘(b) FEE.—No fee shall be charged for the filing of
a claim described in subsection (a).
‘‘(c) REQUIREMENTS
FOR APPEARANCE.—A claim
described in subsection (a) may be made in any court by
a person appearing—
‘‘(1) in proper person; or
‘‘(2) through an attorney admitted to practice
in any district court, without the attorney’s being re-
quired to meet any admission requirements other
than those applicable in the district in which the at-
torney is admitted to practice.’’.
(2) BANKRUPTCY RULES.—Pursuant to section
2705 of title 28, United States Code, the Bank-
ruptcy Rules shall be amended as necessary to im-
plement section 511 of title 11, United States Code,
as added by paragraph (1); until the Bankruptcy
Rules are so amended, any provision of the Bank-
ruptcy Rules or the rules of any court that is incon-
sistent with that section is superseded by that sec-
tion.
(e) CLARIFICATION OF THE NONDISCHARGEABILITY
OF STATE PUBLIC DEBTS AND ASSIGNED CHILD SUP-
PORT BASED
ON
THE PROVISION
OF EXPENDITURES
UNDER PARTS A AND E OF TITLE IV OF THE SOCIAL
SECURITY ACT.—Section 523 of title 11, United States
Code, is amended by adding at the end the following new
subsection:
‘‘(f) For the purposes of subsection (a)(5), a debt to
a child of the debtor for maintenance for or support of
the child includes State public debts and assigned child
support based on the provision of expenditures under
parts A and E of title IV of the Social Security Act (43
U.S.C. 401 et seq. and 470 et seq.).’’.
SEC. 422. FEDERAL GOVERNMENT COOPERATION IN EN-
FORCEMENT OF SUPPORT OBLIGATIONS OF
MEMBERS OF THE ARMED FORCES AND
OTHER PERSONS ENTITLED TO PAYMENTS
BY THE FEDERAL GOVERNMENT.
(a) AVAILABILITY OF CURRENT LOCATOR INFORMA-
TION.—The Secretary of Defense shall prescribe regula-
tions providing for each worldwide personnel locator serv-
ice of the Armed Forces and each installation personnel
locator service of the Armed Forces—
(1) to include the residential address of each
member of the Armed Forces listed in such service;
(2) in the case of a change of duty station or
residential address of a member so listed, to be up-
dated with regard to the residential address of the
member within 30 days after the change of duty sta-
tion or residential address; and
(3) to make the information regarding the
member’s residential address available, on request,
to any authorized person (as defined in section
453(c) of the Social Security Act (42 U.S.C. 653(c))
for the purposes of part D of title IV of such Act.
(b) FACILITATING THE GRANTING OF LEAVE FOR
ATTENDANCE AT HEARINGS.—
(1) REGULATIONS REQUIRED.—The Secretary
of each military department shall prescribe regula-
tions to facilitate the granting of leave to a member
of the Armed Forces under the jurisdiction of that
Secretary when necessary for the member to attend
a hearing of a Court that is conducted in connection
with a civil action—
(A) to determine whether the member is a
natural parent of a child; or
(B) to determine an obligation of the mem-
ber to provide child support.
(2) WAIVER AUTHORITY.—The regulations may
authorize a waiver of the applicability of the regula-
tions to a member of the Armed Forces when—
(A) the member is serving in an area of
combat operations; or
(B) such a waiver is otherwise necessary in
the national security interest of the United
States.
(3) DEFINITIONS.—In this section:
(A) The term ‘‘Court’’ has the meaning
given such term in section 1408(a) of title 10,
United States Code.
(B) The term ‘‘child support’’ has the
meaning given such term in section 462 of the
Social Security Act (42 U.S.C. 662).
(c) PAYMENT OF MILITARY RETIRED PAY IN COM-
PLIANCE WITH COURT ORDERS.—
(1) DATE
OF
CERTIFICATION
OF
COURT
ORDER.—Section 1408 of title 10, United States
Code, is amended—
(A) by redesignating subsection (h) as sub-
section (i); and
(B) by inserting after subsection (g) the
following new subsection (h):
‘‘(h) CERTIFICATION DATE.—It is not necessary that
the date of a certification of the authenticity or complete-
ness of a copy of a court order for child support received
by the Secretary concerned for the purposes of this section
be recent in relation to the date of receipt.’’.
(2) PAYMENTS
CONSISTENT
WITH
ASSIGN-
MENTS OF RIGHTS TO STATES.—
(A) AUTHORITY.—Subsection (d)(1) of
such section is amended by inserting after the
first sentence the following: ‘‘In the case of a
spouse or former spouse who, pursuant to sec-
tion 402(a)(26) of the Social Security Act (42
U.S.C. 602(26)), assigns to a State the rights
of the spouse or former spouse to receive sup-
port, the Secretary concerned may make the
child support payments referred to in the pre-
ceding sentence to that State in amounts con-
sistent with the assignment of rights.’’.
(B) RULE OF CONSTRUCTION.—Subsection
(c)(2) of such section is amended—
(i) by inserting after the first sentence
the following: ‘‘The second sentence of sub-
section (d)(1) shall not be construed to
create any such right, title, or interest.’’;
(ii) by inserting ‘‘(A)’’ after ‘‘(2)’’;
and
(iii) by designating the last sentence
as subparagraph (B).
(3) ARREARAGES OWED BY MEMBERS OF THE
UNIFORMED
SERVICES.—Part D of title IV (42
U.S.C. 651 et seq.) is amended by inserting after
section 465 the following new section:
‘‘SEC. 465A. PAYMENT OF CHILD SUPPORT ARREARAGES
OWED BY MEMBERS OF THE UNIFORMED
SERVICES.
‘‘Any authority, requirement, or procedure provided
in this part or section 1408 of title 10, United States
Code, that applies to the payment of child support owed
by a member of the uniformed services (as defined in sec-
tion 101 of title 37, United States Code) shall apply to
the payment of child support arrearages as well as to
amounts of child support that are currently due.’’.
SEC. 423. UIFSA ENDORSEMENT.
Section 466 (42 U.S.C. 666) is amended by adding
at the end the following new subsection:
‘‘(f) In order to satisfy section 454(20)(A), each
State must have in effect laws which adopt without mate-
rial change by January 1, 1997, the officially approved
version of the Uniform Interstate Family Support Act
adopted by the National Conference of Commissioners on
Uniform State Laws and approved by the American Bar
Association House of Delegates on February 9, 1993.’’.
TITLE V—COLLECTION AND
DISTRIBUTION
SEC. 501. PRIORITY OF DISTRIBUTION OF COLLECTIONS.
(a) STATE DISTRIBUTION PLAN.—Section 457 (42
U.S.C. 657) is amended by adding at the end the following
new subsection:
‘‘(e) The amounts collected as support by a State
pursuant to a plan approved under this part during any
fiscal year beginning after September 30, 1996 (except
amounts collected through a tax refund offset), shall (sub-
ject to subsection (d) be distributed as follows:
‘‘(1) To a current month’s child support obliga-
tion.
‘‘(2) After the fulfillment of the current
month’s obligation, to debts owed the family (other
than obligations under this title); if any right to
child support were assigned to the State, then all ar-
rearages that accrued after the child no longer re-
ceived assistance under this title are to be distrib-
uted to the family; States may include any
preassignment family-debt arrearages at this priority
level.
‘‘(3) To reimburse the State making the collec-
tion for any assistance payments made to the family
(with appropriate reimbursement of the Federal
Government to the extent of its participation in the
financing).
‘‘(4) To reimburse other States for payments
described in paragraph (3) (in the order in which
such payments occurred). The collecting State shall
continue to enforce the order until all such payments
have been reimbursed and to transmit the collections
and identifying information to the other State.’’.
(b) STUDY AND PILOT PROJECTS.—The Comptroller
General of the United States (hereafter in this subsection
referred to as the ‘‘Comptroller General’’) shall analyze
the existing child support distribution system under sec-
tion 457 of the Social Security Act and authorize pilot
projects for the distribution of arrearages in the following
order:
(1) Application of all support collected first to
a current month’s child support obligation.
(2) Application of funds collected in excess of
the amount of the current month’s obligation to
debts owed the family (other than obligations under
this title).
(3) Using funds collected in excess of the debts
to the family and in excess of the amount of the cur-
rent support obligation, to reimburse the State mak-
ing the collection for any assistance payments made
to the family (with appropriate reimbursement of the
Federal Government to the extent of its participa-
tion in the financing).
(4) Using funds collected in excess of the cur-
rent month’s support obligation after the debt to the
family and the collecting State have been satisfied,
to reimburse other States for payments described in
paragraph (3) (in the order in which such payments
occurred). The collecting State shall continue to en-
force the order until all such payments have been re-
imbursed and to transmit the collections and identi-
fying information to the other State.
(5) Subject to paragraph (6), the priority of
distribution of interest shall reflect the distribution
priority for the child support installment or the title
IV of the Social Security Act grant on which the in-
terest accrued.
(6) A State’s right to retain interest on as-
signed support is limited to the grant amount paid
by that State. All additional interest is to be distrib-
uted to the individual owed such support.
The pilot projects shall be awarded to States that allow
for the indefinite tolling of the statute of limitations on
debts under title IV of the Social Security Act and are
not governed by Federal case law that allows for the
dischargeability of such debts in bankruptcy. In analyzing
each pilot project a cost-benefit analysis, a welfare-medic-
aid-food stamp cost-avoidance analysis, and an analysis of
the family impact including a present value dollar valu-
ation of the distribution scheme shall be reported to the
Comptroller General. The Comptroller General shall re-
port the results of the study and pilot projects to the Con-
gress.
(c) REVISION OF FEDERAL INCOME TAX REFUND
OFFSET.—Section 6402 of the Internal Revenue Code of
1986 (relating to authority to make credits or refunds)
is amended—
(1) by striking ‘‘after any other reductions al-
lowed by law (but before’’ in subsection (c) and in-
serting ‘‘before any other reductions allowed by law
(and before’’, and
(2) by striking ‘‘with respect to past-due sup-
port collected pursuant to an assignment under sec-
tion 402(a)(26) of the Social Security Act’’ in sub-
section (d).
(d) FIFTY-DOLLAR DISREGARDED FOR ALL MEANS-
TESTED
PROGRAM.—Section 457(b)(1) (42 U.S.C.
657(b)(1)) is amended by inserting ‘‘under this part or
under any other Federal program which determines eligi-
bility for assistance or amount of such assistance based
on the income or assets of the applicant for or recipient
of such assistance’’ after ‘‘during such month’’.
(e) FILL-THE-GAP POLICIES ENCOURAGED.—The
Secretary of Health and Human Services shall, upon re-
quest by any State, grant a waiver under section
1115(a)(1) of the Social Security Act with respect to the
date limitations under section 402(a)(28) of such Act.
SEC. 502. RELATIONSHIP OF AFDC TO CSE—LIMITING REIM-
BURSEMENT CLAIMS TO AWARD AMOUNT.
Section 466(a) (42 U.S.C. 666(a)), as amended by
section 421, is amended by inserting after paragraph (32)
the following new paragraph:
‘‘(33) Procedures under which any claims for
the child’s portion of the assistance under this title
such State may have against a noncustodial parent
shall be limited to the amount specified as child sup-
port under a court or administrative order.’’.
SEC. 503. FEES FOR NONAFDC CLIENTS.
Clause (ii) of section 454(6)(E) (42 U.S.C.
654(6)(E)) shall be amended to read as follows:
‘‘(ii) at the option of the State, from any
individual other than the custodial parent;’’.
SEC. 504. COLLECTION AND DISBURSEMENT POINTS FOR
CHILD SUPPORT.
Section 454 (42 U.S.C. 654), as amended by section
301, is amended by striking ‘‘and’’ at the end of para-
graph (25), by striking the period at the end of paragraph
(26) and inserting ‘‘; and’’, and by inserting after para-
graph (26) the following new paragraph:
‘‘(27) provide either one central, statewide col-
lection, accounting, and disbursement point for cases
under this part or several local or regional collection
and disbursement points throughout the State for all
cases.’’.
TITLE VI—FEDERAL ROLE
SEC. 601. PLACEMENT AND ROLE OF THE FEDERAL CHILD
SUPPORT AGENCY.
Section 452(a) (42 U.S.C. 652(a)), as amended by
section 403 is amended—
(1) by striking ‘‘under the direction of a des-
ignee of the Secretary’’ and inserting ‘‘to be known
as the Office of Child Support Enforcement, under
the direction of an assistant secretary appointed by
the President with the advice and consent of the
Senate’’;
(2) by inserting ‘‘using a methodology that re-
flects cost-avoidance as well as cost-recovery’’ after
‘‘the States and the Federal Government’’ in para-
graph (10)(A);
(3) by inserting ‘‘, including a separate legal
counsel for the Office’’ after ‘‘Enforcement’’ in para-
graph (10)(B);
(4) by redesignating subparagraphs (H) and (I)
of paragraph (10) as subparagraphs (I) and (J) of
such paragraph, respectively, and by inserting after
subparagraph (G) of such paragraph the following
new subparagraph:
‘‘(H) the budgetary allocation of the $50
pass through equally between part A and this
part;’’; and
(5) by striking ‘‘and’’ at the end of paragraph
(13), by striking the period at the end of paragraph
(14) and inserting ‘‘; and’’, and by inserting after
paragraph (14) the following new paragraph:
‘‘(15) initiate and actively pursue with other
Federal agencies, coordinated efforts on Federal leg-
islation.’’.
SEC. 602. TRAINING.
(a) 
FEDERAL
TRAINING
ASSISTANCE.—Section
452(a)(7) (42 U.S.C. 652(a)(7)) is amended by inserting
‘‘and training’’ after ‘‘technical assistance’’.
(b) STATE TRAINING PROGRAM.—Section 454 (42
U.S.C. 654), as amended by section 504, is amended by
striking ‘‘and’’ at the end of paragraph (26), by striking
the period at the end of paragraph (27) and inserting ‘‘;
and’’, and by inserting after paragraph (27) the following
new paragraph:
‘‘(28) provide that the State will develop and
implement a training program which provides train-
ing no less than annually to all personnel providing
functions under the State plan.’’.
(c) 
REPORT.—Section 
452(a)(10) 
(42 
U.S.C.
652(a)(10)), as amended by section 601, is amended by
redesignating subparagraphs (I) and (J) as subpara-
graphs (J) and (K), respectively, and by inserting after
subparagraph (H) the following new subparagraph:
‘‘(I) the training activities at the Federal
and State levels, the training audit, and the
amount of funds expended on training;’’.
SEC. 603. STAFFING.
Section 452(a) (42 U.S.C. 652(a)), as amended by
section 601, is amended by striking ‘‘and’’ at the end of
paragraph (14), by striking the period at the end of para-
graph (15) and inserting ‘‘; and’’, and by inserting after
paragraph (15) the following new paragraph:
‘‘(16) conduct staffing studies for each State
child support enforcement program, including each
agency and court involved in the child support proc-
ess, and report such results to the Congress and
State officials.’’.
SEC. 604. FUNDING AND INCENTIVES FOR CHILD SUPPORT
AGENCIES.
(a) STUDY.—The Comptroller General of the United
States shall study the incentive formula under section 458
of the Social Security Act (42 U.S.C. 458) and investigate
the feasibility, costs, and benefits of the following:
(1) Encouraging States to centralize functions
at the State level.
(2) Abolishing minimum incentives to States as
well as the requirement that incentive funds be
passed to local child support enforcement agencies.
(3) Exploring incentive formula that are based
on increases in FFP for States that exceed perform-
ance criteria instead of the present percentage of
collections formula.
(4) Promoting quality control.
(5) Providing financial incentives for the en-
forcement of health-care expenses.
(6) Providing for a Federal incentive formula
that would include tying incentive amounts to per-
formance criteria that include total collections as a
denominator (not solely the amount of AFDC collec-
tions) and which are not solely based on cost-benefit
criteria alone.
(b) REPORT.—The Comptroller General of the Unit-
ed States shall report the results of the study described
in subsection (a) to the Congress not later than December
31, 1996.
SEC. 605. CHILD SUPPORT DEFINITION.
(a) IN GENERAL.—Section 452 (42 U.S.C. 652) is
amended by adding at the end the following new sub-
section:
‘‘(j) For purposes of this part, the term ‘child sup-
port’ includes periodic and lump sum payments for current
and past due economic support, payments of premiums for
health insurance for children, payments for or provision
of child care, and payments for educational expenses.’’.
(b) CONFORMING AMENDMENT.—Section 462(b) (42
U.S.C. 662(b)) is amended—
(1) by inserting ‘‘and lump sum’’ after ‘‘peri-
odic’’, and
(2) by inserting ‘‘child care,’’ after ‘‘clothing,’’.
SEC. 606. AUDITS.
(a) STUDY.—The Secretary of Health and Human
Services shall contract for a study of the audit process
of the Office of Child Support Enforcement to develop cri-
teria and methodology for auditing State child support en-
forcement agencies established under part D of title IV
of the Social Security Act. The study shall be designed
to result in improvements to the auditing process that in-
clude—
(1) reduction in the resources required to per-
form the audit,
(2) simplified procedures for States to follow in
obtaining samples,
(3) the feasibility of sampling cases for needed
action as opposed to the present audit methods that
require sampling plans for each audit criteria, and
(4) a more timely audit period of review.
The study shall also be designed to determine a penalty
process that focuses on improving the delivery of child
support services and not harming families, specifically a
penalty that is not tied to the reduction of funds available
to the States to provide payments under the Aid to Fami-
lies with Dependent Children program. Such a plan should
include the escrowing of funds withheld as penalties for
use by States in a federally approved program improve-
ment.
(b) REPORT.—The Secretary of Health and Human
Services shall report the results of the study described in
subsection (a) to the Congress not later than 90 days after
completion of the study.
(c) CONTINUATION OF OCSE’S AUDIT REVIEW.—
From the date of the report described in subsection (b),
the audit review of the Office of Child Support Enforce-
ment shall be limited to cases open on such date and cases
closed within 180 days before such date, unless there is
a specific need for a longitudinal review of State agency
(g) DURATION.—A demonstration project conducted
under this section shall be commenced not later than fiscal
year 1996 and shall be conducted for not less than 3 and
not more than 5 consecutive fiscal years, except that the
Secretary may terminate a project before the end of such
period if the Secretary determines that the State conduct-
ing the project is not in substantial compliance with the
terms of the application approved by the Secretary under
this section.
(h) COST SAVINGS RECOVERY.—The Secretary shall
develop a methodology to identify any State cost savings
realized in connection with the implementation of a child
support assurance project conducted under this section.
Any such savings realized as a result of the implementa-
tion of a child support assurance project shall be utilized
for child support enforcement improvements or expansions
and improvements in the Aid to Families With Dependent
Children Program conducted under part A of title IV of
the Social Security Act within the participating State, and
Federal expenditures for such project within the State
shall be reduced in proportion to any such savings.
(i) EVALUATION AND REPORT TO CONGRESS.—Three
and 5 years after commencement of the first State child
support assurance project, the Secretary shall conduct an
evaluation of each such project and submit a report to the
Committee on Finance and the Committee on Labor and
Human Resources of the Senate, and the Committee on
Ways and Means and the Committee on Economic and
Educational Opportunities of the House of Representa-
tives concerning the effectiveness of the child support as-
surance projects funded under this section. Such report
shall analyze the reports received by the Secretary under
subsection (f) from each participating State and shall
compare the effects of different types of child support
guidelines.
(j) RESTRICTIONS
ON MATCHING
AND USE
OF
FUNDS.—(1) A State conducting a demonstration project
under this section shall be required—
(A) except as provided in paragraph (2), to pro-
vide not less than 15 percent of the total amounts
expended in each calendar year of the project to pay
the costs associated with the project funded under
this section; and
(B) to maintain its level of expenditures for
child support collection, enforcement, and payment
at the same level, or at a higher level, than such ex-
penditures were prior to such State’s participation in
a demonstration project provided by this section.
(2) A State participating in a demonstration project
under this section may provide no less than 10 percent