308
‘‘(F) INCOME
WITHHOLDING.—To order
income withholding in accordance with sub-
sections (a)(1) and (b) of section 466.
‘‘(G) SECURING
ASSETS.—In cases in
which there is a support arrearage, to secure
assets to satisfy the arrearage by—
‘‘(i) intercepting or seizing periodic or
lump-sum payments from—
‘‘(I) a State or local agency, in-
cluding unemployment compensation,
workers’ compensation, and other ben-
efits; and
‘‘(II) judgments, settlements, and
lotteries;
‘‘(ii) attaching and seizing assets of
the obligor held in financial institutions;
‘‘(iii) attaching public and private re-
tirement funds; and
‘‘(iv) imposing liens in accordance
with subsection (a)(4) and, in appropriate
cases, to force sale of property and dis-
tribution of proceeds.
‘‘(H) INCREASE
MONTHLY
PAYMENTS.—
For the purpose of securing overdue support, to
increase the amount of monthly support pay-
309
ments to include amounts for arrearages, sub-
ject to such conditions or limitations as the
State may provide.
Such procedures shall be subject to due process safe-
guards, including (as appropriate) requirements for
notice, opportunity to contest the action, and oppor-
tunity for an appeal on the record to an independent
administrative or judicial tribunal.
‘‘(2) SUBSTANTIVE AND PROCEDURAL RULES.—
The expedited procedures required under subsection
(a)(2) shall include the following rules and author-
ity, applicable with respect to all proceedings to es-
tablish paternity or to establish, modify, or enforce
support orders:
‘‘(A) LOCATOR
INFORMATION; PRESUMP-
TIONS
CONCERNING
NOTICE.—Procedures
under which—
‘‘(i) each party to any paternity or
child support proceeding is required (sub-
ject to privacy safeguards) to file with the
tribunal and the State case registry upon
entry of an order, and to update as appro-
priate, information on location and identity
of the party, including social security num-
ber, residential and mailing addresses, tele-
310
phone number, driver’s license number,
and name, address, and name and tele-
phone number of employer; and
‘‘(ii) in any subsequent child support
enforcement action between the parties,
upon sufficient showing that diligent effort
has been made to ascertain the location of
such a party, the tribunal may deem State
due process requirements for notice and
service of process to be met with respect to
the party, upon delivery of written notice
to the most recent residential or employer
address filed with the tribunal pursuant to
clause (i).
‘‘(B) STATEWIDE
JURISDICTION.—Proce-
dures under which—
‘‘(i) the State agency and any admin-
istrative or judicial tribunal with authority
to hear child support and paternity cases
exerts statewide jurisdiction over the par-
ties; and
‘‘(ii) in a State in which orders are is-
sued by courts or administrative tribunals,
a case may be transferred between local ju-
risdictions in the State without need for
311
for any additional filing by the petitioner,
or service of process upon the respondent,
to retain jurisdiction over the parties.
‘‘(3) COORDINATION
WITH
ERISA.—Notwith-
standing subsection (d) of section 514 of the Em-
ployee Retirement Income Security Act of 1974 (re-
lating to effect on other laws), nothing in this sub-
section shall be construed to alter, amend, modify,
invalidate, impair, or supersede subsections (a), (b),
and (c) of such section 514 as it applies with respect
to any procedure referred to in paragraph (1) and
any expedited procedure referred to in paragraph
(2), except to the extent that such procedure would
be consistent with the requirements of section
206(d)(3) of such Act (relating to qualified domestic
relations orders) or the requirements of section
609(a) of such Act (relating to qualified medical
child support orders) if the reference in such section
206(d)(3) to a domestic relations order and the ref-
erence in such section 609(a) to a medical child sup-
port order were a reference to a support order re-
ferred to in paragraphs (1) and (2) relating to the
same matters, respectively.’’.
(b) AUTOMATION OF STATE AGENCY FUNCTIONS.—
Section 454A, as added by section 344(a)(2) and as
312
amended by sections 311 and 312(c) of this Act, is amend-
ed by adding at the end the following new subsection:
‘‘(h) EXPEDITED ADMINISTRATIVE PROCEDURES.—
The automated system required by this section shall be
used, to the maximum extent feasible, to implement the
expedited administrative procedures required by section
466(c).’’.
Subtitle D—Paternity
Establishment
SEC. 331. STATE LAWS CONCERNING PATERNITY ESTAB-
LISHMENT.
(a) STATE LAWS REQUIRED.—Section 466(a)(5) (42
U.S.C. 666(a)(5)) is amended to read as follows:
‘‘(5) PROCEDURES CONCERNING PATERNITY ES-
TABLISHMENT.—
‘‘(A) ESTABLISHMENT
PROCESS
AVAIL-
ABLE FROM BIRTH UNTIL AGE 18.—
‘‘(i) Procedures which permit the es-
tablishment of the paternity of a child at
any time before the child attains 18 years
of age.
‘‘(ii) As of August 16, 1984, clause (i)
shall also apply to a child for whom pater-
nity has not been established or for whom
a paternity action was brought but dis-
313
missed because a statute of limitations of
less than 18 years was then in effect in the
State.
‘‘(B) PROCEDURES CONCERNING GENETIC
TESTING.—
‘‘(i) GENETIC TESTING REQUIRED IN
CERTAIN CONTESTED CASES.—Procedures
under which the State is required, in a
contested paternity case (unless otherwise
barred by State law) to require the child
and all other parties (other than individ-
uals found under section 454(29) to have
good cause for refusing to cooperate) to
submit to genetic tests upon the request of
any such party, if the request is supported
by a sworn statement by the party—
‘‘(I) alleging paternity, and set-
ting forth facts establishing a reason-
able possibility of the requisite sexual
contact between the parties; or
‘‘(II) denying paternity, and set-
ting forth facts establishing a reason-
able possibility of the nonexistence of
sexual contact between the parties.
314
‘‘(ii) OTHER REQUIREMENTS.—Proce-
dures which require the State agency, in
any case in which the agency orders ge-
netic testing—
‘‘(I) to pay costs of such tests,
subject to recoupment (if the State so
elects) from the alleged father if pa-
ternity is established; and
‘‘(II) to obtain additional testing
in any case if an original test result is
contested, upon request and advance
payment by the contestant.
‘‘(C) VOLUNTARY
PATERNITY
ACKNOWL-
EDGMENT.—
‘‘(i) SIMPLE CIVIL PROCESS.—Proce-
dures for a simple civil process for volun-
tarily acknowledging paternity under which
the State must provide that, before a
mother and a putative father can sign an
acknowledgment of paternity, the mother
and the putative father must be given no-
tice, orally and in writing, of the alter-
natives to, the legal consequences of, and
the rights (including, if 1 parent is a
minor, any rights afforded due to minority
315
status) and responsibilities that arise from,
signing the acknowledgment.
‘‘(ii) HOSPITAL-BASED
PROGRAM.—
Such procedures must include a hospital-
based program for the voluntary acknowl-
edgment of paternity focusing on the pe-
riod immediately before or after the birth
of a child, subject to such good cause ex-
ceptions, taking into account the best in-
terests of the child, as the State may es-
tablish.
‘‘(iii) 
PATERNITY
ESTABLISHMENT
SERVICES.—
‘‘(I) 
STATE-OFFERED
SERV-
ICES.—Such procedures must require
the State agency responsible for main-
taining birth records to offer vol-
untary paternity establishment serv-
ices.
‘‘(II) REGULATIONS.—
‘‘(aa) SERVICES
OFFERED
BY
HOSPITALS
AND
BIRTH
RECORD
AGENCIES.—The Sec-
retary shall prescribe regulations
governing voluntary paternity es-
316
tablishment services offered by
hospitals and birth record agen-
cies.
‘‘(bb) SERVICES
OFFERED
BY OTHER ENTITIES.—The Sec-
retary shall prescribe regulations
specifying the types of other enti-
ties that may offer voluntary pa-
ternity 
establishment 
services,
and governing the provision of
such services, which shall include
a requirement that such an entity
must use the same notice provi-
sions used by, use the same ma-
terials used by, provide the per-
sonnel providing such services
with the same training provided
by, and evaluate the provision of
such services in the same manner
as the provision of such services
is evaluated by, voluntary pater-
nity establishment programs of
hospitals and birth record agen-
cies.
317
‘‘(iv) USE OF PATERNITY ACKNOWL-
EDGMENT
AFFIDAVIT.—Such procedures
must require the State to develop and use
an affidavit for the voluntary acknowledg-
ment of paternity which includes the mini-
mum requirements of the affidavit devel-
oped by the Secretary under section
452(a)(7) for the voluntary acknowledg-
ment of paternity, and to give full faith
and credit to such an affidavit signed in
any other State according to its proce-
dures.
‘‘(D) STATUS OF SIGNED PATERNITY AC-
KNOWLEDGMENT.—
‘‘(i) INCLUSION IN BIRTH RECORDS.—
Procedures under which the name of the
father shall be included on the record of
birth of the child of unmarried parents
only if—
‘‘(I) the father and mother have
signed a voluntary acknowledgment of
paternity; or
‘‘(II) a court or an administrative
agency of competent jurisdiction has
issued an adjudication of paternity.
318
Nothing in this clause shall preclude a
State agency from obtaining an admission
of paternity from the father for submission
in a judicial or administrative proceeding,
or prohibit the issuance of an order in a
judicial or administrative proceeding which
bases a legal finding of paternity on an ad-
mission of paternity by the father and any
other additional showing required by State
law.
‘‘(ii) LEGAL
FINDING
OF
PATER-
NITY.—Procedures under which a signed
voluntary acknowledgment of paternity is
considered a legal finding of paternity,
subject to the right of any signatory to re-
scind the acknowledgment within the ear-
lier of—
‘‘(I) 60 days; or
‘‘(II) the date of an administra-
tive or judicial proceeding relating to
the child (including a proceeding to
establish a support order) in which
the signatory is a party.
‘‘(iii) CONTEST.—Procedures under
which, after the 60-day period referred to
319
in clause (ii), a signed voluntary acknowl-
edgment of paternity may be challenged in
court only on the basis of fraud, duress, or
material mistake of fact, with the burden
of proof upon the challenger, and under
which the legal responsibilities (including
child support obligations) of any signatory
arising from the acknowledgment may not
be suspended during the challenge, except
for good cause shown.
‘‘(E) BAR ON ACKNOWLEDGMENT RATIFI-
CATION
PROCEEDINGS.—Procedures 
under
which judicial or administrative proceedings are
not required or permitted to ratify an unchal-
lenged acknowledgment of paternity.
‘‘(F) ADMISSIBILITY OF GENETIC TESTING
RESULTS.—Procedures—
‘‘(i) requiring the admission into evi-
dence, for purposes of establishing pater-
nity, of the results of any genetic test that
is—
‘‘(I) of a type generally acknowl-
edged as reliable by accreditation bod-
ies designated by the Secretary; and
320
‘‘(II) performed by a laboratory
approved by such an accreditation
body;
‘‘(ii) requiring an objection to genetic
testing results to be made in writing not
later than a specified number of days be-
fore any hearing at which the results may
be introduced into evidence (or, at State
option, not later than a specified number
of days after receipt of the results); and
‘‘(iii) making the test results admissi-
ble as evidence of paternity without the
need for foundation testimony or other
proof of authenticity or accuracy, unless
objection is made.
‘‘(G) PRESUMPTION
OF
PATERNITY
IN
CERTAIN CASES.—Procedures which create a re-
buttable or, at the option of the State, conclu-
sive presumption of paternity upon genetic test-
ing results indicating a threshold probability
that the alleged father is the father of the child.
‘‘(H) DEFAULT ORDERS.—Procedures re-
quiring a default order to be entered in a pater-
nity case upon a showing of service of process
321
on the defendant and any additional showing
required by State law.
‘‘(I) NO RIGHT TO JURY TRIAL.—Proce-
dures providing that the parties to an action to
establish paternity are not entitled to a trial by
jury.
‘‘(J) TEMPORARY SUPPORT ORDER BASED
ON
PROBABLE
PATERNITY
IN
CONTESTED
CASES.—Procedures which require that a tem-
porary order be issued, upon motion by a party,
requiring the provision of child support pending
an administrative or judicial determination of
parentage, if there is clear and convincing evi-
dence of paternity (on the basis of genetic tests
or other evidence).
‘‘(K) PROOF OF CERTAIN SUPPORT AND
PATERNITY
ESTABLISHMENT
COSTS.—Proce-
dures under which bills for pregnancy, child-
birth, and genetic testing are admissible as evi-
dence without requiring third-party foundation
testimony, and shall constitute prima facie evi-
dence of amounts incurred for such services or
for testing on behalf of the child.
‘‘(L) STANDING OF PUTATIVE FATHERS.—
Procedures ensuring that the putative father
322
has a reasonable opportunity to initiate a pater-
nity action.
‘‘(M) FILING OF ACKNOWLEDGMENTS AND
ADJUDICATIONS IN STATE REGISTRY OF BIRTH
RECORDS.—Procedures under which voluntary
acknowledgments and adjudications of paternity
by judicial or administrative processes are filed
with the State registry of birth records for com-
parison with information in the State case reg-
istry.’’.
(b) NATIONAL PATERNITY ACKNOWLEDGMENT AFFI-
DAVIT.—Section 452(a)(7) (42 U.S.C. 652(a)(7)) is
amended by inserting ‘‘, and develop an affidavit to be
used for the voluntary acknowledgment of paternity which
shall include the social security number of each parent
and, after consultation with the States, other common ele-
ments as determined by such designee’’ before the semi-
colon.
(c) CONFORMING AMENDMENT.—Section 468 (42
U.S.C. 668) is amended by striking ‘‘a simple civil process
for voluntarily acknowledging paternity and’’.
SEC. 332. OUTREACH FOR VOLUNTARY PATERNITY ESTAB-
LISHMENT.
Section 454(23) (42 U.S.C. 654(23)) is amended by
inserting ‘‘and will publicize the availability and encourage
323
the use of procedures for voluntary establishment of pater-
nity and child support by means the State deems appro-
priate’’ before the semicolon.
SEC. 333. COOPERATION BY APPLICANTS FOR AND RECIPI-
ENTS OF TEMPORARY FAMILY ASSISTANCE.
Section 454 (42 U.S.C. 654), as amended by sections
301(b), 303(a), 312(a), and 313(a) of this Act, is amend-
ed—
(1) by striking ‘‘and’’ at the end of paragraph
(27);
(2) by striking the period at the end of para-
graph (28) and inserting ‘‘; and’’; and
(3) by inserting after paragraph (28) the fol-
lowing new paragraph:
‘‘(29) provide that the State agency responsible
for administering the State plan—
‘‘(A) shall make the determination (and re-
determination at appropriate intervals) as to
whether an individual who has applied for or is
receiving assistance under the State program
funded under part A or the State program
under title XIX is cooperating in good faith
with the State in establishing the paternity of,
or in establishing, modifying, or enforcing a
support order for, any child of the individual
324
by providing the State agency with the name
of, and such other information as the State
agency may require with respect to, the non-
custodial parent of the child, subject to such
good cause exceptions, taking into account the
best interests of the child, as the State may es-
tablish through the State agency, or at the op-
tion of the State, through the State agencies
administering the State programs funded under
part A and title XIX;
‘‘(B) shall require the individual to supply
additional necessary information and appear at
interviews, hearings, and legal proceedings;
‘‘(C) shall require the individual and the
child to submit to genetic tests pursuant to ju-
dicial or administrative order;
‘‘(D) may request that the individual sign
a voluntary acknowledgment of paternity, after
notice of the rights and consequences of such
an acknowledgment, but may not require the in-
dividual to sign an acknowledgment or other-
wise relinquish the right to genetic tests as a
condition of cooperation and eligibility for as-
sistance under the State program funded under
325
part A or the State program under title XIX;
and
‘‘(E) shall promptly notify the individual
and the State agency administering the State
program funded under part A and the State
agency administering the State program under
title XIX of each such determination, and if
noncooperation is determined, the basis there-
fore.’’.
Subtitle E—Program
Administration and Funding
SEC. 341. PERFORMANCE-BASED INCENTIVES AND PEN-
ALTIES.
(a) DEVELOPMENT
OF NEW SYSTEM.—The Sec-
retary of Health and Human Services, in consultation with
State directors of programs under part D of title IV of
the Social Security Act, shall develop a new incentive sys-
tem to replace, in a revenue neutral manner, the system
under section 458 of such Act. The new system shall pro-
vide additional payments to any State based on such
State’s performance under such a program. Not later than
June 1, 1996, the Secretary shall report on the new sys-
tem to the Committee on Ways and Means of the House
of Representatives and the Committee on Finance of the
Senate.
326
(b) CONFORMING AMENDMENTS TO PRESENT SYS-
TEM.—Section 458 (42 U.S.C. 658) is amended—
(1) in subsection (a), by striking ‘‘aid to fami-
lies with dependent children under a State plan ap-
proved under part A of this title’’ and inserting ‘‘as-
sistance under a program funded under part A’’;
(2) in subsection (b)(1)(A), by striking ‘‘section
402(a)(26)’’ and inserting ‘‘section 408(a)(4)’’;
(3) in subsections (b) and (c)—
(A) by striking ‘‘AFDC collections’’ each
place it appears and inserting ‘‘title IV–A col-
lections’’, and
(B) by striking ‘‘non-AFDC collections’’
each place it appears and inserting ‘‘non-title
IV–A collections’’; and
(4) in subsection (c), by striking ‘‘combined
AFDC/non-AFDC administrative costs’’ both places
it appears and inserting ‘‘combined title IV–A/non-
title IV–A administrative costs’’.
(c) CALCULATION OF IV–D PATERNITY ESTABLISH-
MENT PERCENTAGE.—
(1) 
Section 
452(g)(1)(A) 
(42 
U.S.C.
652(g)(1)(A)) is amended by striking ‘‘75’’ and in-
serting ‘‘90’’.
327
(2) Section 452(g)(1) (42 U.S.C. 652(g)(1)) is
amended 
by 
redesignating 
subparagraphs 
(B)
through (E) as subparagraphs (C) through (F), re-
spectively, and by inserting after subparagraph (A)
the following new subparagraph:
‘‘(B) for a State with a paternity establish-
ment percentage of not less than 75 percent but
less than 90 percent for such fiscal year, the
paternity establishment percentage of the State
for the immediately preceding fiscal year plus 2
percentage points;’’.
(3) 
Section 
452(g)(2)(A) 
(42 
U.S.C.
652(g)(2)(A)) is amended in the matter preceding
clause (i)—
(A) by striking ‘‘paternity establishment
percentage’’ and inserting ‘‘IV–D paternity es-
tablishment percentage’’; and
(B) by striking ‘‘(or all States, as the case
may be)’’.
(4) Section 452(g)(2) (42 U.S.C. 652(g)(2)) is
amended by adding at the end the following new
sentence: ‘‘In meeting the 90 percent paternity es-
tablishment requirement, a State may calculate ei-
ther the paternity establishment rate of cases in the
program funded under this part or the paternity es-
328
tablishment rate of all out-of-wedlock births in the
State.’’.
(5) Section 452(g)(3) (42 U.S.C. 652(g)(3)) is
amended—
(A) by striking subparagraph (A) and re-
designating subparagraphs (B) and (C) as sub-
paragraphs (A) and (B), respectively;
(B) in subparagraph (A) (as so redesig-
nated), by striking ‘‘the percentage of children
born out-of-wedlock in a State’’ and inserting
‘‘the percentage of children in a State who are
born out of wedlock or for whom support has
not been established’’; and
(C) in subparagraph (B) (as so redesig-
nated) by inserting ‘‘and securing support’’ be-
fore the period.
(d) EFFECTIVE DATES.—
(1) INCENTIVE ADJUSTMENTS.—
(A) IN GENERAL.—The system developed
under subsection (a) and the amendments made
by subsection (b) shall become effective on Oc-
tober 1, 1997, except to the extent provided in
subparagraph (B).
(B) APPLICATION OF SECTION 458.—Sec-
tion 458 of the Social Security Act, as in effect
329
on the day before the date of the enactment of
this section, shall be effective for purposes of
incentive payments to States for fiscal years be-
fore fiscal year 1999.
(2) PENALTY REDUCTIONS.—The amendments
made by subsection (c) shall become effective with
respect to calendar quarters beginning on or after
the date of the enactment of this Act.
SEC. 342. FEDERAL AND STATE REVIEWS AND AUDITS.
(a) STATE AGENCY ACTIVITIES.—Section 454 (42
U.S.C. 654) is amended—
(1) in paragraph (14), by striking ‘‘(14)’’ and
inserting ‘‘(14)(A)’’;
(2) by redesignating paragraph (15) as sub-
paragraph (B) of paragraph (14); and
(3) by inserting after paragraph (14) the fol-
lowing new paragraph:
‘‘(15) provide for—
‘‘(A) a process for annual reviews of and
reports to the Secretary on the State program
operated under the State plan approved under
this part, including such information as may be
necessary to measure State compliance with
Federal requirements for expedited procedures,
using such standards and procedures as are re-
330
quired by the Secretary, under which the State
agency will determine the extent to which the
program is operated in compliance with this
part; and
‘‘(B) a process of extracting from the auto-
mated data processing system required by para-
graph (16) and transmitting to the Secretary
data and calculations concerning the levels of
accomplishment (and rates of improvement)
with respect to applicable performance indica-
tors (including IV–D paternity establishment
percentages to the extent necessary for pur-
poses of sections 452(g) and 458.’’.
(b) FEDERAL ACTIVITIES.—Section 452(a)(4) (42
U.S.C. 652(a)(4)) is amended to read as follows:
‘‘(4)(A) review data and calculations transmit-
ted 
by 
State 
agencies 
pursuant 
to 
section
454(15)(B) on State program accomplishments with
respect to performance indicators for purposes of
subsection (g) of this section and section 458;
‘‘(B) review annual reports submitted pursuant
to section 454(15)(A) and, as appropriate, provide
to the State comments, recommendations for addi-
tional or alternative corrective actions, and technical
assistance; and
331
‘‘(C) conduct audits, in accordance with the
Government auditing standards of the Comptroller
General of the United States—
‘‘(i) at least once every 3 years (or more
frequently, in the case of a State which fails to
meet the requirements of this part concerning
performance standards and reliability of pro-
gram data) to assess the completeness, reliabil-
ity, and security of the data, and the accuracy
of the reporting systems, used in calculating
performance indicators under subsection (g) of
this section and section 458;
‘‘(ii) of the adequacy of financial manage-
ment of the State program operated under the
State plan approved under this part, including
assessments of—
‘‘(I) whether Federal and other funds
made available to carry out the State pro-
gram are being appropriately expended,
and are properly and fully accounted for;
and
‘‘(II) whether collections and disburse-
ments of support payments are carried out
correctly and are fully accounted for; and
332
‘‘(iii) for such other purposes as the Sec-
retary may find necessary;’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall be effective with respect to calendar
quarters beginning 12 months or more after the date of
the enactment of this Act.
SEC. 343. REQUIRED REPORTING PROCEDURES.
(a) ESTABLISHMENT.—Section 452(a)(5) (42 U.S.C.
652(a)(5)) is amended by inserting ‘‘, and establish proce-
dures to be followed by States for collecting and reporting
information required to be provided under this part, and
establish uniform definitions (including those necessary to
enable the measurement of State compliance with the re-
quirements of this part relating to expedited processes) to
be applied in following such procedures’’ before the semi-
colon.
(b) STATE PLAN REQUIREMENT.—Section 454 (42
U.S.C. 654), as amended by sections 301(b), 303(a),
312(a), 313(a), and 333 of this Act, is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(28);
(2) by striking the period at the end of para-
graph (29) and inserting ‘‘; and’’; and
(3) by adding after paragraph (29) the follow-
ing new paragraph:
333
‘‘(30) provide that the State shall use the defi-
nitions established under section 452(a)(5) in col-
lecting and reporting information as required under
this part.’’.
SEC. 344. AUTOMATED DATA PROCESSING REQUIREMENTS.
(a) REVISED REQUIREMENTS.—
(1) IN GENERAL.—Section 454(16) (42 U.S.C.
654(16)) is amended—
(A) by striking ‘‘, at the option of the
State,’’;
(B) by inserting ‘‘and operation by the
State agency’’ after ‘‘for the establishment’’;
(C) by inserting ‘‘meeting the requirements
of section 454A’’ after ‘‘information retrieval
system’’;
(D) by striking ‘‘in the State and localities
thereof, so as (A)’’ and inserting ‘‘so as’’;
(E) by striking ‘‘(i)’’; and
(F) by striking ‘‘(including’’ and all that
follows and inserting a semicolon.
(2) AUTOMATED DATA PROCESSING.—Part D of
title IV (42 U.S.C. 651–669) is amended by insert-
ing after section 454 the following new section:
334
‘‘SEC. 454A. AUTOMATED DATA PROCESSING.
‘‘(a) IN GENERAL.—In order for a State to meet the
requirements of this section, the State agency administer-
ing the State program under this part shall have in oper-
ation a single statewide automated data processing and
information retrieval system which has the capability to
perform the tasks specified in this section with the fre-
quency and in the manner required by or under this part.
‘‘(b) PROGRAM MANAGEMENT.—The automated sys-
tem required by this section shall perform such functions
as the Secretary may specify relating to management of
the State program under this part, including—
‘‘(1) controlling and accounting for use of Fed-
eral, State, and local funds in carrying out the pro-
gram; and
‘‘(2) maintaining the data necessary to meet
Federal reporting requirements under this part on a
timely basis.
‘‘(c) CALCULATION
OF
PERFORMANCE
INDICA-
TORS.—In order to enable the Secretary to determine the
incentive payments and penalty adjustments required by
sections 452(g) and 458, the State agency shall—
‘‘(1) use the automated system—
‘‘(A) to maintain the requisite data on
State performance with respect to paternity es-
335
tablishment and child support enforcement in
the State; and
‘‘(B) to calculate the IV–D paternity es-
tablishment percentage for the State for each
fiscal year; and
‘‘(2) have in place systems controls to ensure
the completeness and reliability of, and ready access
to, the data described in paragraph (1)(A), and the
accuracy of the calculations described in paragraph
(1)(B).
‘‘(d) INFORMATION INTEGRITY AND SECURITY.—The
State agency shall have in effect safeguards on the integ-
rity, accuracy, and completeness of, access to, and use of
data in the automated system required by this section,
which shall include the following (in addition to such other
safeguards as the Secretary may specify in regulations):
‘‘(1) POLICIES RESTRICTING ACCESS.—Written
policies concerning access to data by State agency
personnel, and sharing of data with other persons,
which—
‘‘(A) permit access to and use of data only
to the extent necessary to carry out the State
program under this part; and
336
‘‘(B) specify the data which may be used
for particular program purposes, and the per-
sonnel permitted access to such data.
‘‘(2) SYSTEMS
CONTROLS.—Systems controls
(such as passwords or blocking of fields) to ensure
strict adherence to the policies described in para-
graph (1).
‘‘(3) MONITORING OF ACCESS.—Routine mon-
itoring of access to and use of the automated sys-
tem, through methods such as audit trails and feed-
back mechanisms, to guard against and promptly
identify unauthorized access or use.
‘‘(4) TRAINING
AND
INFORMATION.—Proce-
dures to ensure that all personnel (including State
and local agency staff and contractors) who may
have access to or be required to use confidential pro-
gram data are informed of applicable requirements
and penalties (including those in section 6103 of the
Internal Revenue Code of 1986), and are adequately
trained in security procedures.
‘‘(5) PENALTIES.—Administrative penalties (up
to and including dismissal from employment) for un-
authorized access to, or disclosure or use of, con-
fidential data.’’.
337
(3) REGULATIONS.—The Secretary of Health
and Human Services shall prescribe final regulations
for implementation of section 454A of the Social Se-
curity Act not later than 2 years after the date of
the enactment of this Act.
(4) 
IMPLEMENTATION
TIMETABLE.—Section
454(24) (42 U.S.C. 654(24)), as amended by section
303(a)(1) of this Act, is amended to read as follows:
‘‘(24) provide that the State will have in effect
an automated data processing and information re-
trieval system—
‘‘(A) by October 1, 1997, which meets all
requirements of this part which were enacted on
or before the date of enactment of the Family
Support Act of 1988, and
‘‘(B) by October 1, 1999, which meets all
requirements of this part enacted on or before
the date of the enactment of the Bipartisan
Welfare Reform Act of 1996, except that such
deadline shall be extended by 1 day for each
day (if any) by which the Secretary fails to
meet the deadline imposed by section 344(a)(3)
of the Bipartisan Welfare Reform Act of
1996;’’.
338
(b) SPECIAL FEDERAL MATCHING RATE FOR DE-
VELOPMENT COSTS OF AUTOMATED SYSTEMS.—
(1) IN GENERAL.—Section 455(a) (42 U.S.C.
655(a)) is amended—
(A) in paragraph (1)(B)—
(i) by striking ‘‘90 percent’’ and in-
serting ‘‘the percent specified in paragraph
(3)’’;
(ii) by striking ‘‘so much of’’; and
(iii) by striking ‘‘which the Secretary’’
and all that follows and inserting ‘‘, and’’;
and
(B) by adding at the end the following new
paragraph:
‘‘(3)(A) The Secretary shall pay to each State, for
each quarter in fiscal years 1996 and 1997, 90 percent
of so much of the State expenditures described in para-
graph (1)(B) as the Secretary finds are for a system meet-
ing the requirements specified in section 454(16) (as in
effect on September 30, 1995) but limited to the amount
approved for States in the advance planning documents
of such States submitted on or before May 1, 1995.
‘‘(B)(i) The Secretary shall pay to each State, for
each quarter in fiscal years 1996 through 2001, the per-
centage specified in clause (ii) of so much of the State
339
expenditures described in paragraph (1)(B) as the Sec-
retary finds are for a system meeting the requirements
of sections 454(16) and 454A.
‘‘(ii) The percentage specified in this clause is 80 per-
cent.’’.
(2) TEMPORARY
LIMITATION
ON
PAYMENTS
UNDER SPECIAL FEDERAL MATCHING RATE.—
(A) 
IN
GENERAL.—The 
Secretary 
of
Health and Human Services may not pay more
than $400,000,000 in the aggregate under sec-
tion 455(a)(3)(B) of the Social Security Act for
fiscal years 1996 through 2001.
(B) ALLOCATION OF LIMITATION AMONG
STATES.—The total amount payable to a State
under section 455(a)(3)(B) of such Act for fis-
cal years 1996 through 2001 shall not exceed
the limitation determined for the State by the
Secretary of Health and Human Services in
regulations.
(C) ALLOCATION FORMULA.—The regula-
tions referred to in subparagraph (B) shall pre-
scribe a formula for allocating the amount spec-
ified in subparagraph (A) among States with
plans approved under part D of title IV of the
340
Social Security Act, which shall take into ac-
count—
(i) the relative size of State caseloads
under such part; and
(ii) the level of automation needed to
meet the automated data processing re-
quirements of such part.
(c) CONFORMING AMENDMENT.—Section 123(c) of
the Family Support Act of 1988 (102 Stat. 2352; Public
Law 100–485) is repealed.
SEC. 345. TECHNICAL ASSISTANCE.
(a) FOR TRAINING OF FEDERAL AND STATE STAFF,
RESEARCH AND DEMONSTRATION PROGRAMS, AND SPE-
CIAL PROJECTS OF REGIONAL OR NATIONAL SIGNIFI-
CANCE.—Section 452 (42 U.S.C. 652) is amended by add-
ing at the end the following new subsection:
‘‘(j) Out of any money in the Treasury of the United
States not otherwise appropriated, there is hereby appro-
priated to the Secretary for each fiscal year an amount
equal to 1 percent of the total amount paid to the Federal
Government pursuant to section 457(a) during the imme-
diately preceding fiscal year (as determined on the basis
of the most recent reliable data available to the Secretary
as of the end of the 3rd calendar quarter following the
341
end of such preceding fiscal year), to cover costs incurred
by the Secretary for—
‘‘(1) information dissemination and technical
assistance to States, training of State and Federal
staff, staffing studies, and related activities needed
to improve programs under this part (including tech-
nical assistance concerning State automated systems
required by this part); and
‘‘(2) research, demonstration, and special
projects of regional or national significance relating
to the operation of State programs under this part.
The amount appropriated under this subsection shall re-
main available until expended.’’.
(b) OPERATION
OF FEDERAL PARENT LOCATOR
SERVICE.—Section 453 (42 U.S.C. 653), as amended by
section 316 of this Act, is amended by adding at the end
the following new subsection:
‘‘(o) RECOVERY OF COSTS.—Out of any money in the
Treasury of the United States not otherwise appropriated,
there is hereby appropriated to the Secretary for each fis-
cal year an amount equal to 2 percent of the total amount
paid to the Federal Government pursuant to section
457(a) during the immediately preceding fiscal year (as
determined on the basis of the most recent reliable data
available to the Secretary as of the end of the 3rd calendar
342
quarter following the end of such preceding fiscal year),
to cover costs incurred by the Secretary for operation of
the Federal Parent Locator Service under this section, to
the extent such costs are not recovered through user
fees.’’.
SEC. 346. REPORTS AND DATA COLLECTION BY THE SEC-
RETARY.
(a) ANNUAL REPORT TO CONGRESS.—
(1) 
Section 
452(a)(10)(A) 
(42 
U.S.C.
652(a)(10)(A)) is amended—
(A) by striking ‘‘this part;’’ and inserting
‘‘this part, including—’’; and
(B) by adding at the end the following new
clauses:
‘‘(i) the total amount of child support
payments collected as a result of services
furnished during the fiscal year to individ-
uals receiving services under this part;
‘‘(ii) the cost to the States and to the
Federal Government of so furnishing the
services; and
‘‘(iii) the number of cases involving
families—
‘‘(I) who became ineligible for as-
sistance under State programs funded
343
under part A during a month in the
fiscal year; and
‘‘(II) with respect to whom a
child support payment was received in
the month;’’.
(2) 
Section 
452(a)(10)(C) 
(42 
U.S.C.
652(a)(10)(C)) is amended—
(A) in the matter preceding clause (i)—
(i) by striking ‘‘with the data required
under each clause being separately stated
for cases’’ and inserting ‘‘separately stated
for (1) case’’;
(ii) by striking ‘‘cases where the child
was formerly receiving’’ and inserting ‘‘or
formerly received’’;
(iii) by inserting ‘‘or 1912’’ after
‘‘471(a)(17)’’; and
(iv) by inserting ‘‘(2)’’ before ‘‘all
other’’;
(B) in each of clauses (i) and (ii), by strik-
ing ‘‘, and the total amount of such obliga-
tions’’;
(C) in clause (iii), by striking ‘‘described
in’’ and all that follows and inserting ‘‘in which
support was collected during the fiscal year;’’;
344
(D) by striking clause (iv); and
(E) by redesignating clause (v) as clause
(vii), and inserting after clause (iii) the follow-
ing new clauses:
‘‘(iv) the total amount of support col-
lected during such fiscal year and distrib-
uted as current support;
‘‘(v) the total amount of support col-
lected during such fiscal year and distrib-
uted as arrearages;
‘‘(vi) the total amount of support due
and unpaid for all fiscal years; and’’.
(3) 
Section 
452(a)(10)(G) 
(42 
U.S.C.
652(a)(10)(G)) is amended by striking ‘‘on the use
of Federal courts and’’.
(4) Section 452(a)(10) (42 U.S.C. 652(a)(10))
is amended—
(A) in subparagraph (H), by striking
‘‘and’’;
(B) in subparagraph (I), by striking the
period and inserting ‘‘; and’’; and
(C) by inserting after subparagraph (I) the
following new subparagraph:
345
‘‘(J) compliance, by State, with the stand-
ards established pursuant to subsections (h)
and (i).’’.
(5) Section 452(a)(10) (42 U.S.C. 652(a)(10))
is amended by striking all that follows subparagraph
(J), as added by paragraph (4).
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall be effective with respect to fiscal year
1996 and succeeding fiscal years.
Subtitle F—Establishment and
Modification of Support Orders
SEC. 351. SIMPLIFIED PROCESS FOR REVIEW AND ADJUST-
MENT OF CHILD SUPPORT ORDERS.
Section 466(a)(10) (42 U.S.C. 666(a)(10)) is amend-
ed to read as follows:
‘‘(10) REVIEW AND ADJUSTMENT OF SUPPORT
ORDERS UPON REQUEST.—Procedures under which
the State shall review and adjust each support order
being enforced under this part upon the request of
either parent or the State if there is an assignment.
Such procedures shall provide the following:
‘‘(A) IN GENERAL.—
‘‘(i) 3-YEAR CYCLE.—Except as pro-
vided in subparagraphs (B) and (C), the
State shall review and, as appropriate, ad-
346
just the support order every 3 years, tak-
ing into account the best interests of the
child involved.
‘‘(ii) METHODS
OF
ADJUSTMENT.—
The State may elect to review and, if ap-
propriate, adjust an order pursuant to
clause (i) by—
‘‘(I) reviewing and, if appro-
priate, adjusting the order in accord-
ance with the guidelines established
pursuant to section 467(a) if the
amount of the child support award
under the order differs from the
amount that would be awarded in ac-
cordance with the guidelines; or
‘‘(II) applying a cost-of-living ad-
justment to the order in accordance
with a formula developed by the State
and permit either party to contest the
adjustment, within 30 days after the
date of the notice of the adjustment,
by making a request for review and, if
appropriate, adjustment of the order
in accordance with the child support
347
guidelines established pursuant to sec-
tion 467(a).
‘‘(iii) NO PROOF OF CHANGE IN CIR-
CUMSTANCES
NECESSARY.—Any adjust-
ment under this subparagraph (A) shall be
made without a requirement for proof or
showing of a change in circumstances.
‘‘(B) AUTOMATED
METHOD.—The State
may use automated methods (including auto-
mated comparisons with wage or State income
tax data) to identify orders eligible for review,
conduct the review, identify orders eligible for
adjustment, and apply the appropriate adjust-
ment to the orders eligible for adjustment
under the threshold established by the State.
‘‘(C) 
REQUEST
UPON
SUBSTANTIAL
CHANGE IN CIRCUMSTANCES.—The State shall,
at the request of either parent subject to such
an order or of any State child support enforce-
ment agency, review and, if appropriate, adjust
the order in accordance with the guidelines es-
tablished pursuant to section 467(a) based
upon a substantial change in the circumstances
of either parent.
348
‘‘(D) NOTICE OF RIGHT TO REVIEW.—The
State shall provide notice not less than once
every 3 years to the parents subject to such an
order informing them of their right to request
the State to review and, if appropriate, adjust
the order pursuant to this paragraph. The no-
tice may be included in the order.’’.
SEC. 352. FURNISHING CONSUMER REPORTS FOR CERTAIN
PURPOSES RELATING TO CHILD SUPPORT.
Section 604 of the Fair Credit Reporting Act (15
U.S.C. 1681b) is amended by adding at the end the follow-
ing new paragraphs:
‘‘(4) In response to a request by the head of a
State or local child support enforcement agency (or
a State or local government official authorized by
the head of such an agency), if the person making
the request certifies to the consumer reporting agen-
cy that—
‘‘(A) the consumer report is needed for the
purpose of establishing an individual’s capacity
to make child support payments or determining
the appropriate level of such payments;
‘‘(B) the paternity of the consumer for the
child to which the obligation relates has been
established or acknowledged by the consumer in
349
accordance with State laws under which the ob-
ligation arises (if required by those laws);
‘‘(C) the person has provided at least 10
days’ prior notice to the consumer whose report
is requested, by certified or registered mail to
the last known address of the consumer, that
the report will be requested; and
‘‘(D) the consumer report will be kept con-
fidential, will be used solely for a purpose de-
scribed in subparagraph (A), and will not be
used in connection with any other civil, admin-
istrative, or criminal proceeding, or for any
other purpose.
‘‘(5) To an agency administering a State plan
under section 454 of the Social Security Act (42
U.S.C. 654) for use to set an initial or modified
child support award.’’.
SEC. 353. NONLIABILITY FOR FINANCIAL INSTITUTIONS
PROVIDING FINANCIAL RECORDS TO STATE
CHILD SUPPORT ENFORCEMENT AGENCIES
IN CHILD SUPPORT CASES.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of Federal or State law, a financial institution shall
not be liable under any Federal or State law to any person
for disclosing any financial record of an individual to a
350
State child support enforcement agency attempting to es-
tablish, modify, or enforce a child support obligation of
such individual.
(b) PROHIBITION
OF DISCLOSURE
OF FINANCIAL
RECORD OBTAINED
BY STATE CHILD SUPPORT EN-
FORCEMENT AGENCY.—A State child support enforcement
agency which obtains a financial record of an individual
from a financial institution pursuant to subsection (a)
may disclose such financial record only for the purpose
of, and to the extent necessary in, establishing, modifying,
or enforcing a child support obligation of such individual.
(c) CIVIL DAMAGES FOR UNAUTHORIZED DISCLO-
SURE.—
(1) DISCLOSURE BY STATE OFFICER OR EM-
PLOYEE.—If any person knowingly, or by reason of
negligence, discloses a financial record of an individ-
ual in violation of subsection (b), such individual
may bring a civil action for damages against such
person in a district court of the United States.
(2) NO LIABILITY FOR GOOD FAITH BUT ERRO-
NEOUS
INTERPRETATION.—No liability shall arise
under this subsection with respect to any disclosure
which results from a good faith, but erroneous, in-
terpretation of subsection (b).
351
(3) DAMAGES.—In any action brought under
paragraph (1), upon a finding of liability on the part
of the defendant, the defendant shall be liable to the
plaintiff in an amount equal to the sum of—
(A) the greater of—
(i) $1,000 for each act of unauthor-
ized disclosure of a financial record with
respect to which such defendant is found
liable; or
(ii) the sum of—
(I) the actual damages sustained
by the plaintiff as a result of such un-
authorized disclosure; plus
(II) in the case of a willful disclo-
sure or a disclosure which is the re-
sult of gross negligence, punitive dam-
ages; plus
(B) the costs (including attorney’s fees) of
the action.
(d) DEFINITIONS.—For purposes of this section—
(1) FINANCIAL
INSTITUTION.—The term ‘‘fi-
nancial institution’’ means—
(A) a depository institution, as defined in
section 3(c) of the Federal Deposit Insurance
Act (12 U.S.C. 1813(c));
352
(B) an institution-affiliated party, as de-
fined in section 3(u) of such Act (12 U.S.C.
1813(v));
(C) any Federal credit union or State cred-
it union, as defined in section 101 of the Fed-
eral Credit Union Act (12 U.S.C. 1752), includ-
ing an institution-affiliated party of such a
credit union, as defined in section 206(r) of
such Act (12 U.S.C. 1786(r)); and
(D) any benefit association, insurance com-
pany, safe deposit company, money-market mu-
tual fund, or similar entity authorized to do
business in the State.
(2) FINANCIAL RECORD.—The term ‘‘financial
record’’ has the meaning given such term in section
1101 of the Right to Financial Privacy Act of 1978
(12 U.S.C. 3401).
(3) STATE
CHILD
SUPPORT
ENFORCEMENT
AGENCY.—The term ‘‘State child support enforce-
ment agency’’ means a State agency which admin-
isters a State program for establishing and enforcing
child support obligations.
353
Subtitle G—Enforcement of
Support Orders
SEC. 361. INTERNAL REVENUE SERVICE COLLECTION OF
ARREARAGES.
(a) COLLECTION OF FEES.—Section 6305(a) of the
Internal Revenue Code of 1986 (relating to collection of
certain liability) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(3);
(2) by striking the period at the end of para-
graph (4) and inserting ‘‘, and’’;
(3) by adding at the end the following new
paragraph:
‘‘(5) no additional fee may be assessed for ad-
justments to an amount previously certified pursu-
ant to such section 452(b) with respect to the same
obligor.’’; and
(4) by striking ‘‘Secretary of Health, Edu-
cation, and Welfare’’ each place it appears and in-
serting ‘‘Secretary of Health and Human Services’’.
(b) EFFECTIVE DATE.—The amendments made by
this section shall become effective October 1, 1997.
354
SEC. 362. AUTHORITY TO COLLECT SUPPORT FROM FED-
ERAL EMPLOYEES.
(a) CONSOLIDATION
AND STREAMLINING
OF AU-
THORITIES.—Section 459 (42 U.S.C. 659) is amended to
read as follows:
‘‘SEC. 459. CONSENT BY THE UNITED STATES TO INCOME
WITHHOLDING, GARNISHMENT, AND SIMILAR
PROCEEDINGS FOR ENFORCEMENT OF CHILD
SUPPORT AND ALIMONY OBLIGATIONS.
‘‘(a) CONSENT TO SUPPORT ENFORCEMENT.—Not-
withstanding any other provision of law (including section
207 of this Act and section 5301 of title 38, United States
Code), effective January 1, 1975, moneys (the entitlement
to which is based upon remuneration for employment) due
from, or payable by, the United States or the District of
Columbia (including any agency, subdivision, or instru-
mentality thereof) to any individual, including members
of the Armed Forces of the United States, shall be subject,
in like manner and to the same extent as if the United
States or the District of Columbia were a private person,
to withholding in accordance with State law enacted pur-
suant to subsections (a)(1) and (b) of section 466 and reg-
ulations of the Secretary under such subsections, and to
any other legal process brought, by a State agency admin-
istering a program under a State plan approved under this
355
part or by an individual obligee, to enforce the legal obliga-
tion of the individual to provide child support or alimony.
‘‘(b) CONSENT TO REQUIREMENTS APPLICABLE TO
PRIVATE PERSON.—With respect to notice to withhold in-
come pursuant to subsection (a)(1) or (b) of section 466,
or any other order or process to enforce support obliga-
tions against an individual (if the order or process con-
tains or is accompanied by sufficient data to permit
prompt identification of the individual and the moneys in-
volved), each governmental entity specified in subsection
(a) shall be subject to the same requirements as would
apply if the entity were a private person, except as other-
wise provided in this section.
‘‘(c) DESIGNATION OF AGENT; RESPONSE TO NOTICE
OR PROCESS—
‘‘(1) DESIGNATION OF AGENT.—The head of
each agency subject to this section shall—
‘‘(A) designate an agent or agents to re-
ceive orders and accept service of process in
matters relating to child support or alimony;
and
‘‘(B) annually publish in the Federal Reg-
ister the designation of the agent or agents,
identified by title or position, mailing address,
and telephone number.
356
‘‘(2) RESPONSE TO NOTICE OR PROCESS.—If an
agent designated pursuant to paragraph (1) of this
subsection receives notice pursuant to State proce-
dures in effect pursuant to subsection (a)(1) or (b)
of section 466, or is effectively served with any
order, process, or interrogatory, with respect to an
individual’s child support or alimony payment obli-
gations, the agent shall—
‘‘(A) as soon as possible (but not later
than 15 days) thereafter, send written notice of
the notice or service (together with a copy of
the notice or service) to the individual at the
duty station or last-known home address of the
individual;
‘‘(B) within 30 days (or such longer period
as may be prescribed by applicable State law)
after receipt of a notice pursuant to such State
procedures, comply with all applicable provi-
sions of section 466; and
‘‘(C) within 30 days (or such longer period
as may be prescribed by applicable State law)
after effective service of any other such order,
process, or interrogatory, respond to the order,
process, or interrogatory.
357
‘‘(d) PRIORITY OF CLAIMS.—If a governmental entity
specified in subsection (a) receives notice or is served with
process, as provided in this section, concerning amounts
owed by an individual to more than 1 person—
‘‘(1) support collection under section 466(b)
must be given priority over any other process, as
provided in section 466(b)(7);
‘‘(2) allocation of moneys due or payable to an
individual among claimants under section 466(b)
shall be governed by section 466(b) and the regula-
tions prescribed under such section; and
‘‘(3) such moneys as remain after compliance
with paragraphs (1) and (2) shall be available to
satisfy any other such processes on a first-come,
first-served basis, with any such process being satis-
fied out of such moneys as remain after the satisfac-
tion of all such processes which have been previously
served.
‘‘(e) NO REQUIREMENT TO VARY PAY CYCLES.—A
governmental entity that is affected by legal process
served for the enforcement of an individual’s child support
or alimony payment obligations shall not be required to
vary its normal pay and disbursement cycle in order to
comply with the legal process.
‘‘(f) RELIEF FROM LIABILITY.—
358
‘‘(1) Neither the United States, nor the govern-
ment of the District of Columbia, nor any disbursing
officer shall be liable with respect to any payment
made from moneys due or payable from the United
States to any individual pursuant to legal process
regular on its face, if the payment is made in ac-
cordance with this section and the regulations issued
to carry out this section.
‘‘(2) No Federal employee whose duties include
taking actions necessary to comply with the require-
ments of subsection (a) with regard to any individ-
ual shall be subject under any law to any discipli-
nary action or civil or criminal liability or penalty
for, or on account of, any disclosure of information
made by the employee in connection with the carry-
ing out of such actions.
‘‘(g) REGULATIONS.—Authority to promulgate regu-
lations for the implementation of this section shall, insofar
as this section applies to moneys due from (or payable
by)—
‘‘(1) the United States (other than the legisla-
tive or judicial branches of the Federal Government)
or the government of the District of Columbia, be
vested in the President (or the designee of the Presi-
dent);
359
‘‘(2) the legislative branch of the Federal Gov-
ernment, be vested jointly in the President pro tem-
pore of the Senate and the Speaker of the House of
Representatives (or their designees), and
‘‘(3) the judicial branch of the Federal Govern-
ment, be vested in the Chief Justice of the United
States (or the designee of the Chief Justice).
‘‘(h) MONEYS SUBJECT TO PROCESS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2),
moneys paid or payable to an individual which are
considered to be based upon remuneration for em-
ployment, for purposes of this section—
‘‘(A) consist of—
‘‘(i) compensation paid or payable for
personal services of the individual, whether
the compensation is denominated as wages,
salary, commission, bonus, pay, allowances,
or otherwise (including severance pay, sick
pay, and incentive pay);
‘‘(ii) periodic benefits (including a
periodic benefit as defined in section
228(h)(3)) or other payments—
‘‘(I) under the insurance system
established by title II;
360
‘‘(II) under any other system or
fund established by the United States
which provides for the payment of
pensions, retirement or retired pay,
annuities, dependents’ or survivors’
benefits, or similar amounts payable
on account of personal services per-
formed by the individual or any other
individual;
‘‘(III) as compensation for death
under any Federal program;
‘‘(IV) under any Federal pro-
gram established to provide ‘black
lung’ benefits; or
‘‘(V) by the Secretary of Veter-
ans Affairs as compensation for a
service-connected disability paid by
the Secretary to a former member of
the Armed Forces who is in receipt of
retired or retainer pay if the former
member has waived a portion of the
retired or retainer pay in order to re-
ceive such compensation; and
‘‘(iii) worker’s compensation benefits
paid under Federal or State law but
361
‘‘(B) do not include any payment—
‘‘(i) by way of reimbursement or oth-
erwise, to defray expenses incurred by the
individual in carrying out duties associated
with the employment of the individual; or
‘‘(ii) as allowances for members of the
uniformed services payable pursuant to
chapter 7 of title 37, United States Code,
as prescribed by the Secretaries concerned
(defined by section 101(5) of such title) as
necessary for the efficient performance of
duty.
‘‘(2) CERTAIN AMOUNTS EXCLUDED.—In deter-
mining the amount of any moneys due from, or pay-
able by, the United States to any individual, there
shall be excluded amounts which—
‘‘(A) are owed by the individual to the
United States;
‘‘(B) are required by law to be, and are,
deducted from the remuneration or other pay-
ment involved, including Federal employment
taxes, and fines and forfeitures ordered by
court-martial;
‘‘(C) are properly withheld for Federal,
State, or local income tax purposes, if the with-
362
holding of the amounts is authorized or re-
quired by law and if amounts withheld are not
greater than would be the case if the individual
claimed all dependents to which he was entitled
(the withholding of additional amounts pursu-
ant to section 3402(i) of the Internal Revenue
Code of 1986 may be permitted only when the
individual presents evidence of a tax obligation
which supports the additional withholding);
‘‘(D) are deducted as health insurance pre-
miums;
‘‘(E) are deducted as normal retirement
contributions (not including amounts deducted
for supplementary coverage); or
‘‘(F) are deducted as normal life insurance
premiums from salary or other remuneration
for employment (not including amounts de-
ducted for supplementary coverage).
‘‘(i) DEFINITIONS.—For purposes of this section—
‘‘(1) UNITED
STATES.—The term ‘United
States’ includes any department, agency, or instru-
mentality of the legislative, judicial, or executive
branch of the Federal Government, the United
States Postal Service, the Postal Rate Commission,
any Federal corporation created by an Act of Con-
363
gress that is wholly owned by the Federal Govern-
ment, and the governments of the territories and
possessions of the United States.
‘‘(2) CHILD SUPPORT.—The term ‘child sup-
port’, when used in reference to the legal obligations
of an individual to provide such support, means
amounts required to be paid under a judgment, de-
cree, or order, whether temporary, final, or subject
to modification, issued by a court or an administra-
tive agency of competent jurisdiction, for the sup-
port and maintenance of a child, including a child
who has attained the age of majority under the law
of the issuing State, or a child and the parent with
whom the child is living, which provides for mone-
tary support, health care, arrearages or reimburse-
ment, and which may include other related costs and
fees, interest and penalties, income withholding, at-
torney’s fees, and other relief.
‘‘(3) ALIMONY.—
‘‘(A) IN
GENERAL.—The term ‘alimony’,
when used in reference to the legal obligations
of an individual to provide the same, means
periodic payments of funds for the support and
maintenance of the spouse (or former spouse)
of the individual, and (subject to and in accord-
364
ance with State law) includes separate mainte-
nance, alimony pendente lite, maintenance, and
spousal support, and includes attorney’s fees,
interest, and court costs when and to the extent
that the same are expressly made recoverable as
such pursuant to a decree, order, or judgment
issued in accordance with applicable State law
by a court of competent jurisdiction.
‘‘(B) EXCEPTIONS.—Such term does not
include—
‘‘(i) any child support; or
‘‘(ii) any payment or transfer of prop-
erty or its value by an individual to the
spouse or a former spouse of the individual
in compliance with any community prop-
erty settlement, equitable distribution of
property, or other division of property be-
tween spouses or former spouses.
‘‘(4) PRIVATE PERSON.—The term ‘private per-
son’ means a person who does not have sovereign or
other special immunity or privilege which causes the
person not to be subject to legal process.
‘‘(5) LEGAL PROCESS.—The term ‘legal proc-
ess’ means any writ, order, summons, or other simi-
lar process in the nature of garnishment—
365
‘‘(A) which is issued by—
‘‘(i) a court or an administrative
agency of competent jurisdiction in any
State, territory, or possession of the Unit-
ed States;
‘‘(ii) a court or an administrative
agency of competent jurisdiction in any
foreign country with which the United
States has entered into an agreement
which requires the United States to honor
the process; or
‘‘(iii) an authorized official pursuant
to an order of such a court or an adminis-
trative agency of competent jurisdiction or
pursuant to State or local law; and
‘‘(B) which is directed to, and the purpose
of which is to compel, a governmental entity
which holds moneys which are otherwise pay-
able to an individual to make a payment from
the moneys to another party in order to satisfy
a legal obligation of the individual to provide
child support or make alimony payments.’’.
(b) CONFORMING AMENDMENTS.—
(1) TO PART D OF TITLE IV.—Sections 461 and
462 (42 U.S.C. 661 and 662) are repealed.
366
(2) TO TITLE 5, UNITED STATES CODE.—Sec-
tion 5520a of title 5, United States Code, is amend-
ed, in subsections (h)(2) and (i), by striking ‘‘sec-
tions 459, 461, and 462 of the Social Security Act
(42 U.S.C. 659, 661, and 662)’’ and inserting ‘‘sec-
tion 459 of the Social Security Act (42 U.S.C.
659)’’.
(c) MILITARY RETIRED AND RETAINER PAY.—
(1) 
DEFINITION
OF
COURT.—Section
1408(a)(1) of title 10, United States Code, is
amended—
(A) by striking ‘‘and’’ at the end of sub-
paragraph (B);
(B) by striking the period at the end of
subparagraph (C) and inserting ‘‘; and’’; and
(C) by adding after subparagraph (C) the
following: new subparagraph:
‘‘(D) any administrative or judicial tribu-
nal of a State competent to enter orders for
support or maintenance (including a State
agency administering a program under a State
plan approved under part D of title IV of the
Social Security Act), and, for purposes of this
subparagraph, the term ‘State’ includes the
District of Columbia, the Commonwealth of
367
Puerto Rico, the Virgin Islands, Guam, and
American Samoa.’’.
(2) DEFINITION
OF
COURT
ORDER.—Section
1408(a)(2) of such title is amended—
(A) by inserting ‘‘or a support order, as
defined in section 453(p) of the Social Security
Act (42 U.S.C. 653(p)),’’ before ‘‘which—’’;
(B) in subparagraph (B)(i), by striking
‘‘(as defined in section 462(b) of the Social Se-
curity Act (42 U.S.C. 662(b)))’’ and inserting
‘‘(as defined in section 459(i)(2) of the Social
Security Act (42 U.S.C. 662(i)(2)))’’; and
(C) in subparagraph (B)(ii), by striking
‘‘(as defined in section 462(c) of the Social Se-
curity Act (42 U.S.C. 662(c)))’’ and inserting
‘‘(as defined in section 459(i)(3) of the Social
Security Act (42 U.S.C. 662(i)(3)))’’.
(3) PUBLIC PAYEE.—Section 1408(d) of such
title is amended—
(A) in the heading, by inserting ‘‘(OR FOR
BENEFIT OF)’’ before ‘‘SPOUSE OR’’; and
(B) in paragraph (1), in the 1st sentence,
by inserting ‘‘(or for the benefit of such spouse
or former spouse to a State disbursement unit
established pursuant to section 454B of the So-
368
cial Security Act or other public payee des-
ignated by a State, in accordance with part D
of title IV of the Social Security Act, as di-
rected by court order, or as otherwise directed
in accordance with such part D)’’ before ‘‘in an
amount sufficient’’.
(4) RELATIONSHIP TO PART D OF TITLE IV.—
Section 1408 of such title is amended by adding at
the end the following new subsection:
‘‘(j) RELATIONSHIP TO OTHER LAWS.—In any case
involving an order providing for payment of child support
(as defined in section 459(i)(2) of the Social Security Act)
by a member who has never been married to the other
parent of the child, the provisions of this section shall not
apply, and the case shall be subject to the provisions of
section 459 of such Act.’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall become effective 6 months after the date
of the enactment of this Act.
SEC. 363. ENFORCEMENT OF CHILD SUPPORT OBLIGA-
TIONS OF MEMBERS OF THE ARMED FORCES.
(a) AVAILABILITY OF LOCATOR INFORMATION.—
(1) MAINTENANCE
OF
ADDRESS
INFORMA-
TION.—The Secretary of Defense shall establish a
centralized personnel locator service that includes
369
the address of each member of the Armed Forces
under the jurisdiction of the Secretary. Upon re-
quest of the Secretary of Transportation, addresses
for members of the Coast Guard shall be included in
the centralized personnel locator service.
(2) TYPE OF ADDRESS.—
(A) RESIDENTIAL
ADDRESS.—Except as
provided in subparagraph (B), the address for
a member of the Armed Forces shown in the lo-
cator service shall be the residential address of
that member.
(B) DUTY ADDRESS.—The address for a
member of the Armed Forces shown in the loca-
tor service shall be the duty address of that
member in the case of a member—
(i) who is permanently assigned over-
seas, to a vessel, or to a routinely
deployable unit; or
(ii) with respect to whom the Sec-
retary concerned makes a determination
that the member’s residential address
should not be disclosed due to national se-
curity or safety concerns.
(3) UPDATING
OF
LOCATOR
INFORMATION.—
Within 30 days after a member listed in the locator
370
service establishes a new residential address (or a
new duty address, in the case of a member covered
by paragraph (2)(B)), the Secretary concerned shall
update the locator service to indicate the new ad-
dress of the member.
(4) AVAILABILITY OF INFORMATION.—The Sec-
retary of Defense shall make information regarding
the address of a member of the Armed Forces listed
in the locator service available, on request, to the
Federal Parent Locator Service established under
section 453 of the Social Security Act.
(b) FACILITATING GRANTING OF LEAVE FOR AT-
TENDANCE AT HEARINGS.—
(1) REGULATIONS.—The Secretary of each
military department, and the Secretary of Transpor-
tation with respect to the Coast Guard when it is
not operating as a service in the Navy, shall pre-
scribe regulations to facilitate the granting of leave
to a member of the Armed Forces under the juris-
diction of that Secretary in a case in which—
(A) the leave is needed for the member to
attend a hearing described in paragraph (2);
(B) the member is not serving in or with
a unit deployed in a contingency operation (as
371
defined in section 101 of title 10, United States
Code); and
(C) the exigencies of military service (as
determined by the Secretary concerned) do not
otherwise require that such leave not be grant-
ed.
(2) COVERED HEARINGS.—Paragraph (1) ap-
plies to a hearing that is conducted by a court or
pursuant to an administrative process established
under State law, in connection with a civil action—
(A) to determine whether a member of the
Armed Forces is a natural parent of a child; or
(B) to determine an obligation of a mem-
ber of the Armed Forces to provide child sup-
port.
(3) DEFINITIONS.—For purposes of this sub-
section—
(A) The term ‘‘court’’ has the meaning
given that term in section 1408(a) of title 10,
United States Code.
(B) The term ‘‘child support’’ has the
meaning given such term in section 459(i) of
the Social Security Act (42 U.S.C. 659(i)).
(c) PAYMENT OF MILITARY RETIRED PAY IN COM-
PLIANCE WITH CHILD SUPPORT ORDERS.—
372
(1) DATE
OF
CERTIFICATION
OF
COURT
ORDER.—Section 1408 of title 10, United States
Code, as amended by section 362(c)(4) of this Act,
is amended—
(A) by redesignating subsections (i) and (j)
as subsections (j) and (k), respectively; and
(B) by inserting after subsection (h) the
following new subsection:
‘‘(i) 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 by the Sec-
retary.’’.
(2) PAYMENTS
CONSISTENT
WITH
ASSIGN-
MENTS OF RIGHTS TO STATES.—Section 1408(d)(1)
of such title is amended by inserting after the 1st
sentence the following new sentence: ‘‘In the case of
a spouse or former spouse who, pursuant to section
408(a)(4) of the Social Security Act, assigns to a
State the rights of the spouse or former spouse to
receive support, the Secretary concerned may make
the child support payments referred to in the preced-
ing sentence to that State in amounts consistent
with that assignment of rights.’’.
373
(3) ARREARAGES OWED BY MEMBERS OF THE
UNIFORMED
SERVICES.—Section 1408(d) of such
title is amended by adding at the end the following
new paragraph:
‘‘(6) In the case of a court order for which effective
service is made on the Secretary concerned on or after
the date of the enactment of this paragraph and which
provides for payments from the disposable retired pay of
a member to satisfy the amount of child support set forth
in the order, the authority provided in paragraph (1) to
make payments from the disposable retired pay of a mem-
ber to satisfy the amount of child support set forth in a
court order shall apply to payment of any amount of child
support arrearages set forth in that order as well as to
amounts of child support that currently become due.’’.
(4) PAYROLL DEDUCTIONS.—The Secretary of
Defense shall begin payroll deductions within 30
days after receiving notice of withholding, or for the
1st pay period that begins after such 30-day period.
SEC. 364. VOIDING OF FRAUDULENT TRANSFERS.
Section 466 (42 U.S.C. 666), as amended by section
321 of this Act, is amended by adding at the end the fol-
lowing new subsection:
374
‘‘(g) LAWS VOIDING FRAUDULENT TRANSFERS.—In
order to satisfy section 454(20)(A), each State must have
in effect—
‘‘(1)(A) the Uniform Fraudulent Conveyance
Act of 1981;
‘‘(B) the Uniform Fraudulent Transfer Act
of 1984; or
‘‘(C) another law, specifying indicia of
fraud which create a prima facie case that a
debtor transferred income or property to avoid
payment to a child support creditor, which the
Secretary finds affords comparable rights to
child support creditors; and
‘‘(2) procedures under which, in any case in
which the State knows of a transfer by a child sup-
port debtor with respect to which such a prima facie
case is established, the State must—
‘‘(A) seek to void such transfer; or
‘‘(B) obtain a settlement in the best inter-
ests of the child support creditor.’’.
SEC. 365. WORK 
REQUIREMENT 
FOR 
PERSONS 
OWING
PAST-DUE CHILD SUPPORT.
(a) IN GENERAL.—Section 466(a) of the Social Secu-
rity Act (42 U.S.C. 666(a)), as amended by sections 315,
375
317(a), and 323 of this Act, is amended by adding at the
end the following new paragraph:
‘‘(15) PROCEDURES TO ENSURE THAT PERSONS
OWING PAST-DUE SUPPORT WORK OR HAVE A PLAN
FOR PAYMENT OF SUCH SUPPORT.—
‘‘(A) IN
GENERAL.—Procedures under
which the State has the authority, in any case
in which an individual owes past-due support
with respect to a child receiving assistance
under a State program funded under part A, to
seek a court order that requires the individual
to—
‘‘(i) pay such support in accordance
with a plan approved by the court, or, at
the option of the State, a plan approved by
the State agency administering the State
program under this part; or
‘‘(ii) if the individual is subject to
such a plan and is not incapacitated, par-
ticipate in such work activities (as defined
in section 407(d)) as the court, or, at the
option of the State, the State agency ad-
ministering the State program under this
part, deems appropriate.
376
‘‘(B) PAST-DUE SUPPORT DEFINED.—For
purposes of subparagraph (A), the term ‘past-
due support’ means the amount of a delin-
quency, determined under a court order, or an
order of an administrative process established
under State law, for support and maintenance
of a child, or of a child and the parent with
whom the child is living.’’.
(b) CONFORMING AMENDMENT.—The flush para-
graph at the end of section 466(a) (42 U.S.C.666(a)) is
amended by striking ‘‘and (7)’’ and inserting ‘‘(7), and
(15)’’.
SEC. 366. DEFINITION OF SUPPORT ORDER.
Section 453 (42 U.S.C. 653) as amended by sections
316 and 345(b) of this Act, is amended by adding at the
end the following new subsection:
‘‘(p) SUPPORT ORDER DEFINED.—As used in this
part, the term ‘support order’ means a judgment, decree,
or order, whether temporary, final, or subject to modifica-
tion, issued by a court or an administrative agency of com-
petent jurisdiction, for the support and maintenance of a
child, including a child who has attained the age of major-
ity under the law of the issuing State, or a child and the
parent with whom the child is living, which provides for
monetary support, health care, arrearages, or reimburse-
377
ment, and which may include related costs and fees, inter-
est and penalties, income withholding, attorneys’ fees, and
other relief.’’.
SEC. 367. REPORTING ARREARAGES TO CREDIT BUREAUS.
Section 466(a)(7) (42 U.S.C. 666(a)(7)) is amended
to read as follows:
‘‘(7) REPORTING ARREARAGES TO CREDIT BU-
REAUS.—
‘‘(A) IN GENERAL.—Procedures (subject to
safeguards pursuant to subparagraph (B)) re-
quiring the State to report periodically to
consumer reporting agencies (as defined in sec-
tion 603(f) of the Fair Credit Reporting Act
(15 U.S.C. 1681a(f)) the name of any non-
custodial parent who is delinquent in the pay-
ment of support, and the amount of overdue
support owed by such parent.
‘‘(B) SAFEGUARDS.—Procedures ensuring
that, in carrying out subparagraph (A), infor-
mation with respect to a noncustodial parent is
reported—
‘‘(i) only after such parent has been
afforded all due process required under
State law, including notice and a reason-
378
able opportunity to contest the accuracy of
such information; and
‘‘(ii) only to an entity that has fur-
nished evidence satisfactory to the State
that the entity is a consumer reporting
agency (as so defined).’’.
SEC. 368. LIENS.
Section 466(a)(4) (42 U.S.C. 666(a)(4)) is amended
to read as follows:
‘‘(4) LIENS.—Procedures under which—
‘‘(A) liens arise by operation of law against
real and personal property for amounts of over-
due support owed by a noncustodial parent who
resides or owns property in the State; and
‘‘(B) the State accords full faith and credit
to liens described in subparagraph (A) arising
in another State, without registration of the un-
derlying order.’’.
SEC. 369. STATE LAW AUTHORIZING SUSPENSION OF LI-
CENSES.
Section 466(a) (42 U.S.C. 666(a)), as amended by
sections 315, 317(a), 323, and 365 of this Act, is amended
by adding at the end the following:
‘‘(16) AUTHORITY TO WITHHOLD OR SUSPEND
LICENSES.—Procedures under which the State has
379
(and uses in appropriate cases) authority to withhold
or suspend, or to restrict the use of driver’s licenses,
professional and occupational licenses, and rec-
reational licenses of individuals owing overdue sup-
port or failing, after receiving appropriate notice, to
comply with subpoenas or warrants relating to pa-
ternity or child support proceedings.’’.
SEC. 370. DENIAL OF PASSPORTS FOR NONPAYMENT OF
CHILD SUPPORT.
(a) HHS CERTIFICATION PROCEDURE.—
(1) SECRETARIAL
RESPONSIBILITY.—Section
452 (42 U.S.C. 652), as amended by section 345 of
this Act, is amended by adding at the end the fol-
lowing new subsection:
‘‘(k)(1) If the Secretary receives a certification by a
State agency in accordance with the requirements of sec-
tion 454(31) that an individual owes arrearages of child
support in an amount exceeding $5,000, the Secretary
shall transmit such certification to the Secretary of State
for action (with respect to denial, revocation, or limitation
of passports) pursuant to section 370(b) of the Bipartisan
Welfare Reform Act of 1996.
‘‘(2) The Secretary shall not be liable to an individual
for any action with respect to a certification by a State
agency under this section.’’.
380
(2) STATE
CASE
AGENCY
RESPONSIBILITY.—
Section 454 (42 U.S.C. 654), as amended by sec-
tions 301(b), 303(a), 312(b), 313(a), 333, and
343(b) of this Act, is amended—
(A) by striking ‘‘and’’ at the end of para-
graph (29);
(B) by striking the period at the end of
paragraph (30) and inserting ‘‘; and’’; and
(C) by adding after paragraph (30) the fol-
lowing new paragraph:
‘‘(31) provide that the State agency will have in
effect a procedure for certifying to the Secretary, for
purposes of the procedure under section 452(k), de-
terminations that individuals owe arrearages of child
support in an amount exceeding $5,000, under
which procedure—
‘‘(A) each individual concerned is afforded
notice of such determination and the con-
sequences thereof, and an opportunity to con-
test the determination; and
‘‘(B) the certification by the State agency
is furnished to the Secretary in such format,
and accompanied by such supporting docu-
mentation, as the Secretary may require.’’.
381
(b) STATE DEPARTMENT PROCEDURE FOR DENIAL
OF PASSPORTS.—
(1) IN GENERAL.—The Secretary of State shall,
upon certification by the Secretary of Health and
Human Services transmitted under section 452(k) of
the Social Security Act, refuse to issue a passport to
such individual, and may revoke, restrict, or limit a
passport issued previously to such individual.
(2) LIMIT
ON
LIABILITY.—The Secretary of
State shall not be liable to an individual for any ac-
tion with respect to a certification by a State agency
under this section.
(c) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall become effective October
1, 1996.
SEC. 371. INTERNATIONAL CHILD SUPPORT ENFORCE-
MENT.
(a) 
AUTHORITY
FOR
INTERNATIONAL
AGREE-
MENTS.—Part D of title IV, as amended by section 362(a)
of this Act, is amended by adding after section 459 the
following new section:
‘‘SEC. 459A. INTERNATIONAL CHILD SUPPORT ENFORCE-
MENT.
‘‘(a) AUTHORITY FOR DECLARATIONS.—
382
‘‘(1) DECLARATION.—The Secretary of State,
with the concurrence of the Secretary of Health and
Human Services, is authorized to declare any foreign
country (or a political subdivision thereof) to be a
foreign reciprocating country if the foreign country
has established, or undertakes to establish, proce-
dures for the establishment and enforcement of du-
ties of support owed to obligees who are residents of
the United States, and such procedures are substan-
tially in conformity with the standards prescribed
under subsection (b).
‘‘(2) REVOCATION.—A declaration with respect
to a foreign country made pursuant to paragraph
(1) may be revoked if the Secretaries of State and
Health and Human Services determine that—
‘‘(A) the procedures established by the for-
eign nation regarding the establishment and en-
forcement of duties of support have been so
changed, or the foreign nation’s implementation
of such procedures is so unsatisfactory, that
such procedures do not meet the criteria for
such a declaration; or
‘‘(B) continued operation of the declaration
is not consistent with the purposes of this part.
384
assistance, are provided to residents of the
United States at no cost.
‘‘(C) An agency of the foreign country is
designated as a Central Authority responsible
for—
‘‘(i) facilitating child support enforce-
ment in cases involving residents of the
foreign nation and residents of the United
States; and
‘‘(ii) ensuring compliance with the
standards established pursuant to this sub-
section.
‘‘(2) ADDITIONAL ELEMENTS.—The Secretary
of Health and Human Services and the Secretary of
State, in consultation with the States, may establish
such additional standards as may be considered nec-
essary to further the purposes of this section.
‘‘(c) DESIGNATION OF UNITED STATES CENTRAL
AUTHORITY.—It shall be the responsibility of the Sec-
retary of Health and Human Services to facilitate child
support enforcement in cases involving residents of the
United States and residents of foreign nations that are
the subject of a declaration under this section, by activities
including—
385
‘‘(1) development of uniform forms and proce-
dures for use in such cases;
‘‘(2) notification of foreign reciprocating coun-
tries of the State of residence of individuals sought
for support enforcement purposes, on the basis of in-
formation provided by the Federal Parent Locator
Service; and
‘‘(3) such other oversight, assistance, and co-
ordination activities as the Secretary may find nec-
essary and appropriate.
‘‘(d) EFFECT ON OTHER LAWS.—States may enter
into reciprocal arrangements for the establishment and en-
forcement of child support obligations with foreign coun-
tries that are not the subject of a declaration pursuant
to subsection (a), to the extent consistent with Federal
law.’’.
(b) STATE PLAN REQUIREMENT.—Section 454 (42
U.S.C. 654), as amended by sections 301(b), 303(a),
312(b), 313(a), 333, 343(b), and 370(a)(2) of this Act,
is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(30);
(2) by striking the period at the end of para-
graph (31) and inserting ‘‘; and’’; and
386
(3) by adding after paragraph (31) the follow-
ing new paragraph:
‘‘(32)(A) provide that any request for services
under this part by a foreign reciprocating country or
a foreign country with which the State has an ar-
rangement described in section 459A(d)(2) shall be
treated as a request by a State;
‘‘(B) provide, at State option, notwithstanding
paragraph (4) or any other provision of this part,
for services under the plan for enforcement of a
spousal support order not described in paragraph
(4)(B) entered by such a country (or subdivision);
and
‘‘(C) provide that no applications will be re-
quired from, and no costs will be assessed for such
services against, the foreign reciprocating country or
foreign obligee (but costs may at State option be as-
sessed against the obligor).’’.
SEC. 372. FINANCIAL INSTITUTION DATA MATCHES.
Section 466(a) (42 U.S.C. 666(a)), as amended by
sections 315, 317(a), 323, 365, and 369 of this Act, is
amended by adding at the end the following new para-
graph:
‘‘(17) 
FINANCIAL
INSTITUTION
DATA
MATCHES.—
387
‘‘(A) IN
GENERAL.—Procedures under
which the State agency shall enter into agree-
ments with financial institutions doing business
in the State—
‘‘(i) to develop and operate, in coordi-
nation with such financial institutions, a
data match system, using automated data
exchanges to the maximum extent feasible,
in which each such financial institution is
required to provide for each calendar quar-
ter the name, record address, social secu-
rity number or other taxpayer identifica-
tion number, and other identifying infor-
mation for each noncustodial parent who
maintains an account at such institution
and who owes past-due support, as identi-
fied by the State by name and social secu-
rity number or other taxpayer identifica-
tion number; and
‘‘(ii) in response to a notice of lien or
levy, encumber or surrender, as the case
may be, assets held by such institution on
behalf of any noncustodial parent who is
subject to a child support lien pursuant to
paragraph (4).
388
‘‘(B) 
REASONABLE
FEES.—The 
State
agency may pay a reasonable fee to a financial
institution for conducting the data match pro-
vided for in subparagraph (A)(i), not to exceed
the actual costs incurred by such financial insti-
tution.
‘‘(C) LIABILITY.—A financial institution
shall not be liable under any Federal or State
law to any person—
‘‘(i) for any disclosure of information
to the State agency under subparagraph
(A)(i);
‘‘(ii) for encumbering or surrendering
any assets held by such financial institu-
tion in response to a notice of lien or levy
issued by the State agency as provided for
in subparagraph (A)(ii); or
‘‘(iii) for any other action taken in
good faith to comply with the requirements
of subparagraph (A).
‘‘(D) DEFINITIONS.—For purposes of this
paragraph—
‘‘(i) FINANCIAL
INSTITUTION.—The
term ‘financial institution’ means any Fed-
eral or State commercial savings bank, in-
389
cluding savings association or cooperative
bank, Federal- or State-chartered credit
union, benefit association, insurance com-
pany, safe deposit company, money-market
mutual fund, or any similar entity author-
ized to do business in the State; and
‘‘(ii) ACCOUNT.—The term ‘account’
means a demand deposit account, checking
or negotiable withdrawal order account,
savings account, time deposit account, or
money-market mutual fund account.’’.
SEC. 373. ENFORCEMENT OF ORDERS AGAINST PATERNAL
OR MATERNAL GRANDPARENTS IN CASES OF
MINOR PARENTS.
Section 466(a) (42 U.S.C. 666(a)), as amended by
sections 315, 317(a), 323, 365, 369, and 372 of this Act,
is amended by adding at the end the following new para-
graph:
‘‘(18) ENFORCEMENT OF ORDERS AGAINST PA-
TERNAL
OR
MATERNAL
GRANDPARENTS.—Proce-
dures under which, at the State’s option, any child
support order enforced under this part with respect
to a child of minor parents, if the custodial parents
of such child is receiving assistance under the State
program under part A, shall be enforceable, jointly
390
and severally, against the parents of the noncusto-
dial parents of such child.’’.
SEC. 374. NONDISCHARGEABILITY 
IN 
BANKRUPTCY 
OF
CERTAIN DEBTS FOR THE SUPPORT OF A
CHILD.
(a) AMENDMENT
TO TITLE 11 OF
THE UNITED
STATES CODE.—Section 523(a) of title 11, United States
Code, is amended—
(1) in paragraph (16) by striking the period at
the end and inserting ‘‘; or’’,
(2) by adding at the end the following:
‘‘(17) to a State or municipality for assistance
provided by such State or municipality under a
State program funded under section 403 of the So-
cial Security Act to the extent that such assistance
is provided for the support of a child of the debtor.’’,
and
(3) in paragraph (5), by inserting ‘‘ or section
408’’ after ‘‘section 402(a)(26).
(b) AMENDMENT TO THE SOCIAL SECURITY ACT.—
Section 456(b) of the Social Security Act (42 U.S.C.
656(b)) is amended to read as follows:
‘‘(b) NONDISCHARGEABILITY.—A debt (as defined in
section 101 of title 11 of the United States Code) to a
State (as defined in such section) or municipality (as de-
391
fined in such section) for assistance provided by such
State or municipality under a State program funded under
section 403 is not dischargeable under section 727, 1141,
1228(a), 1228(b), or 1328(b) of title 11 of the United
States Code to the extent that such assistance is provided
for the support of a child of the debtor (as defined in such
section).’’.
(c) APPLICATION OF AMENDMENTS.—The amend-
ments made by this section shall apply only with respect
to cases commenced under title 11 of the United States
Code after the effective date of this section.
Subtitle H—Medical Support
SEC. 376. CORRECTION TO ERISA DEFINITION OF MEDICAL
CHILD SUPPORT ORDER.
(a) IN GENERAL.—Section 609(a)(2)(B) of the Em-
ployee Retirement Income Security Act of 1974 (29
U.S.C. 1169(a)(2)(B)) is amended—
(1) by striking ‘‘issued by a court of competent
jurisdiction’’;
(2) by striking the period at the end of clause
(ii) and inserting a comma; and
(3) by adding, after and below clause (ii), the
following:
‘‘if such judgment, decree, or order (I) is issued
by a court of competent jurisdiction or (II) is
392
issued through an administrative process estab-
lished under State law and has the force and ef-
fect of law under applicable State law.’’.
(b) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by
this section shall take effect on the date of the en-
actment of this Act.
(2) PLAN AMENDMENTS NOT REQUIRED UNTIL
JANUARY 1, 1997.—Any amendment to a plan re-
quired to be made by an amendment made by this
section shall not be required to be made before the
1st plan year beginning on or after January 1,
1997, if—
(A) during the period after the date before
the date of the enactment of this Act and be-
fore such 1st plan year, the plan is operated in
accordance with the requirements of the amend-
ments made by this section; and
(B) such plan amendment applies retro-
actively to the period after the date before the
date of the enactment of this Act and before
such 1st plan year.
A plan shall not be treated as failing to be operated
in accordance with the provisions of the plan merely
393
because it operates in accordance with this para-
graph.
SEC. 377. ENFORCEMENT OF ORDERS FOR HEALTH CARE
COVERAGE.
Section 466(a) (42 U.S.C. 666(a)), as amended by
sections 315, 317(a), 323, 365, 369, 372, and 373 of this
Act, is amended by adding at the end the following new
paragraph:
‘‘(19) HEALTH
CARE
COVERAGE.—Procedures
under which all child support orders enforced pursu-
ant to this part shall include a provision for the
health care coverage of the child, and in the case in
which a noncustodial parent provides such coverage
and changes employment, and the new employer pro-
vides health care coverage, the State agency shall
transfer notice of the provision to the employer,
which notice shall operate to enroll the child in the
noncustodial parent’s health plan, unless the non-
custodial parent contests the notice.’’.
394
Subtitle I—Enhancing Responsibil-
ity and Opportunity for Non-
Residential Parents
SEC. 381. GRANTS TO STATES FOR ACCESS AND VISITA-
TION PROGRAMS.
Part D of title IV (42 U.S.C. 651–669) is amended
by adding at the end the following:
‘‘SEC. 469A. GRANTS TO STATES FOR ACCESS AND VISITA-
TION PROGRAMS.
‘‘(a) IN GENERAL.—The Administration for Children
and Families shall make grants under this section to en-
able States to establish and administer programs to sup-
port and facilitate noncustodial parents’ access to and visi-
tation of their children, by means of activities including
mediation (both voluntary and mandatory), counseling,
education, development of parenting plans, visitation en-
forcement (including monitoring, supervision and neutral
drop-off and pickup), and development of guidelines for
visitation and alternative custody arrangements.
‘‘(b) AMOUNT OF GRANT.—The amount of the grant
to be made to a State under this section for a fiscal year
shall be an amount equal to the lesser of—
‘‘(1) 90 percent of State expenditures during
the fiscal year for activities described in subsection
(a); or
396
‘‘(e) STATE ADMINISTRATION.—Each State to which
a grant is made under this section—
‘‘(1) may administer State programs funded
with the grant, directly or through grants to or con-
tracts with courts, local public agencies, or non-prof-
it private entities;
‘‘(2) shall not be required to operate such pro-
grams on a statewide basis; and
‘‘(3) shall monitor, evaluate, and report on such
programs in accordance with regulations prescribed
by the Secretary.’’.
Subtitle J—Effect of Enactment
SEC. 391. EFFECTIVE DATES.
(a) IN GENERAL.—Except as otherwise specifically
provided (but subject to subsections (b) and (c))—
(1) the provisions of this title requiring the en-
actment or amendment of State laws under section
466 of the Social Security Act, or revision of State
plans under section 454 of such Act, shall be effec-
tive with respect to periods beginning on and after
October 1, 1996; and
(2) all other provisions of this title shall become
effective upon the date of the enactment of this Act.
397
(b) GRACE PERIOD FOR STATE LAW CHANGES.—The
provisions of this title shall become effective with respect
to a State on the later of—
(1) the date specified in this title, or
(2) the effective date of laws enacted by the leg-
islature of such State implementing such provisions,
but in no event later than the 1st day of the 1st calendar
quarter beginning after the close of the 1st regular session
of the State legislature that begins after the date of the
enactment of this Act. For purposes of the previous sen-
tence, in the case of a State that has a 2-year legislative
session, each year of such session shall be deemed to be
a separate regular session of the State legislature.
(c) GRACE PERIOD
FOR STATE CONSTITUTIONAL
AMENDMENT.—A State shall not be found out of compli-
ance with any requirement enacted by this title if the State
is unable to so comply without amending the State con-
stitution until the earlier of—
(1) 1 year after the effective date of the nec-
essary State constitutional amendment; or
(2) 5 years after the date of the enactment of
this Act.
398
TITLE 
IV—RESTRICTING 
WEL-
FARE AND PUBLIC BENEFITS
FOR ALIENS
SEC. 400. STATEMENTS OF NATIONAL POLICY CONCERN-
ING WELFARE AND IMMIGRATION.
The Congress makes the following statements con-
cerning national policy with respect to welfare and immi-
gration:
(1) Self-sufficiency has been a basic principle of
United States immigration law since this country’s
earliest immigration statutes.
(2) It continues to be the immigration policy of
the United States that—
(A) aliens within the nation’s borders not
depend on public resources to meet their needs,
but rather rely on their own capabilities and the
resources of their families, their sponsors, and
private organizations, and
(B) the availability of public benefits not
constitute an incentive for immigration to the
United States.
(3) Despite the principle of self-sufficiency,
aliens have been applying for and receiving public
benefits from Federal, State, and local governments
at increasing rates.
399
(4) Current eligibility rules for public assistance
and unenforceable financial support agreements have
proved wholly incapable of assuring that individual
aliens not burden the public benefits system.
(5) It is a compelling government interest to
enact new rules for eligibility and sponsorship agree-
ments in order to assure that aliens be self-reliant
in accordance with national immigration policy.
(6) It is a compelling government interest to re-
move the incentive for illegal immigration provided
by the availability of public benefits.
(7) With respect to the State authority to make
determinations concerning the eligibility of qualified
aliens for public benefits in this title, a State that
chooses to follow the Federal classification in deter-
mining the eligibility of such aliens for public assist-
ance shall be considered to have chosen the least re-
strictive means available for achieving the compelling
governmental interest of assuring that aliens be self-
reliant in accordance with national immigration pol-
icy.
400
Subtitle A—Eligibility for Federal
Benefits
SEC. 401. ALIENS WHO ARE NOT QUALIFIED ALIENS INELI-
GIBLE FOR FEDERAL PUBLIC BENEFITS.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law and except as provided in subsection (b), an
alien who is not a qualified alien (as defined in section
431) is not eligible for any Federal public benefit (as de-
fined in subsection (c)).
(b) EXCEPTIONS.—
(1) Subsection (a) shall not apply with respect
to the following Federal public benefits:
(A) Emergency medical services under title
XIX or XXI of the Social Security Act.
(B) Short-term, non-cash, in-kind emer-
gency disaster relief.
(C)(i) Public health assistance for immuni-
zations.
(ii) Public health assistance for testing and
treatment of a serious communicable disease if
the Secretary of Health and Human Services
determines that it is necessary to prevent the
spread of such disease.
(D) Programs, services, or assistance (such
as soup kitchens, crisis counseling and interven-
401
tion, and short-term shelter) specified by the
Attorney General, in the Attorney General’s
sole and unreviewable discretion after consulta-
tion with appropriate Federal agencies and de-
partments, which (i) deliver in-kind services at
the community level, including through public
or private nonprofit agencies; (ii) do not condi-
tion the provision of assistance, the amount of
assistance provided, or the cost of assistance
provided on the individual recipient’s income or
resources; and (iii) are necessary for the protec-
tion of life or safety.
(E) Programs for housing or community
development assistance or financial assistance
administered by the Secretary of Housing and
Urban Development, any program under title V
of the Housing Act of 1949, or any assistance
under section 306C of the Consolidated Farm
and Rural Development Act, to the extent that
the alien is receiving such a benefit on the date
of the enactment of this Act.
(F) Assistance or benefits under the Na-
tional School Lunch Act or the Child Nutrition
Act of 1966.
403
of the spouse or parent’s family residing in the
same household as the alien when the spouse or
parent consented or acquiesced to and the alien
did not actively participate in such battery or
cruelty, and (iii) the need for the public benefits
applied for has a substantial connection to the
battery or cruelty described in subclause (I) or
(II); and
(B) for more than 48 months if the alien
can demonstrate that any battery or cruelty
under subparagraph (A) is ongoing, has led to
the issuance of an order of a judge or an ad-
ministrative law judge or a prior determination
of the Service, and that the need for such bene-
fits has a substantial connection to such battery
or cruelty.
(c) FEDERAL PUBLIC BENEFIT DEFINED.—
(1) Except as provided in paragraph (2), for
purposes of this title the term ‘‘Federal public bene-
fit’’ means—
(A) any grant, contract, loan, professional
license, or commercial license provided by an
agency of the United States or by appropriated
funds of the United States; and
404
(B) any retirement, welfare, health, dis-
ability, public or assisted housing, post-second-
ary education, food assistance, unemployment
benefit, or any other similar benefit for which
payments or assistance are provided to an indi-
vidual, household, or family eligibility unit by
an agency of the United States or by appro-
priated funds of the United States.
(2) Such term shall not apply—
(A) to any contract, professional license, or
commercial license for a nonimmigrant whose
visa for entry is related to such employment in
the United States; or
(B) with respect to benefits for an alien
who as a work authorized nonimmigrant or as
an alien lawfully admitted for permanent resi-
dence under the Immigration and Nationality
Act qualified for such benefits and for whom
the United States under reciprocal treaty agree-
ments is required to pay benefits, as determined
by the Attorney General, after consultation with
the Secretary of State.
405
SEC. 402. LIMITED ELIGIBILITY OF CERTAIN QUALIFIED
ALIENS FOR CERTAIN FEDERAL PROGRAMS.
(a) LIMITED ELIGIBILITY FOR SPECIFIED FEDERAL
PROGRAMS.—
(1) IN GENERAL.—Notwithstanding any other
provision of law and except as provided in paragraph
(2), an alien who is a qualified alien (as defined in
section 431) is not eligible for any specified Federal
program (as defined in paragraph (3)).
(2) EXCEPTIONS.—
(A) TIME-LIMITED EXCEPTION FOR REFU-
GEES AND ASYLEES.—Paragraph (1) shall not
apply to an alien until 5 years after the date—
(i) an alien is admitted to the United
States as a refugee under section 207 of
the Immigration and Nationality Act;
(ii) an alien is granted asylum under
section 208 of such Act; or
(iii) an alien’s deportation is withheld
under section 243(h) of such Act.
(B) 
CERTAIN
PERMANENT
RESIDENT
ALIENS.—Paragraph (1) shall not apply to an
alien who—
(i) is lawfully admitted to the United
States for permanent residence under the
Immigration and Nationality Act; and
406
(ii)(I) has worked 20 qualifying quar-
ters of coverage as defined under title II of
the Social Security Act or can be credited
with such qualifying quarters as provided
under section 435, and (II) did not receive
any Federal means-tested public benefit
(as defined in section 403(c)) during any
such quarter.
(C) VETERAN AND ACTIVE DUTY EXCEP-
TION.—Paragraph (1) shall not apply to an
alien who is lawfully residing in any State and
is—
(i) a veteran (as defined in section
101 of title 38, United States Code) with
a discharge characterized as an honorable
discharge and not on account of alienage,
(ii) on active duty (other than active
duty for training) in the Armed Forces of
the United States, or
(iii) the spouse or unmarried depend-
ent child of an individual described in
clause (i) or (ii).
(D) TRANSITION FOR ALIENS CURRENTLY
RECEIVING BENEFITS.—
(i) SSI.—
407
(I) IN
GENERAL.—With respect
to the specified Federal program de-
scribed in paragraph (3)(A), during
the period beginning on the date of
the enactment of this Act and ending
on the date which is 1 year after such
date of enactment, the Commissioner
of Social Security shall redetermine
the eligibility of any individual who is
receiving benefits under such program
as of the date of the enactment of this
Act and whose eligibility for such ben-
efits may terminate by reason of the
provisions of this subsection.
(II) 
REDETERMINATION
CRI-
TERIA.— With respect to any redeter-
mination under subclause (I), the
Commissioner of Social Security shall
apply the eligibility criteria for new
applicants for benefits under such
program.
(III) 
GRANDFATHER
PROVI-
SION.—The provisions of this sub-
section and the redetermination under
subclause (I), shall only apply with re-
408
spect to the benefits of an individual
described in subclause (I) for months
beginning on or after the date of the
redetermination with respect to such
individual.
(IV) NOTICE.—Not later than
January 1, 1997, the Commissioner of
Social Security shall notify an individ-
ual described in subclause (I) of the
provisions of this clause.
(ii) FOOD STAMPS.—
(I) IN
GENERAL.—With respect
to the specified Federal program de-
scribed in paragraph (3)(B), during
the period beginning on the date of
enactment of this Act and ending on
the date which is 1 year after the date
of enactment, the State agency shall,
at the time of the recertification, re-
certify the eligibility of any individual
who is receiving benefits under such
program as of the date of enactment
of this Act and whose eligibility for
such benefits may terminate by reason
of the provisions of this subsection.
409
(II) 
RECERTIFICATION
CRI-
TERIA.—With respect to any recertifi-
cation under subclause (I), the State
agency shall apply the eligibility cri-
teria for applicants for benefits under
such program.
(III) 
GRANDFATHER
PROVI-
SION.—The provisions of this sub-
section and the recertification under
subclause (I) shall only apply with re-
spect to the eligibility of an alien for
a program for months beginning on or
after the date of recertification, if on
the date of enactment of this Act the
alien is lawfully residing in any State
and is receiving benefits under such
program on such date of enactment.
(E) FICA 
EXCEPTION.—Paragraph (1)
shall not apply to an alien if there has been
paid with respect to the self-employment income
or employment of the alien, or of a parent or
spouse of the alien, taxes under chapter 2 or
chapter 21 of the Internal Revenue Code of
1986 in each of 20 different calendar quarters.
410
(F) EXCEPTION
FOR
BATTERED
WOMEN
AND
CHILDREN.—Paragraph (1) shall not
apply—
(i) for up to 48 months if the alien
can demonstrate that (I) the alien has
been battered or subject to extreme cruelty
in the United States by a spouse or parent,
or by a member of the spouse or parent’s
family residing in the same household as
the alien and the spouse or parent con-
sented or acquiesced to such battery or
cruelty, or (II) the alien’s child has been
battered or subject to extreme cruelty in
the United States by a spouse or parent of
the alien (without the active participation
of the alien in the battery or extreme cru-
elty), or by a member of the spouse or par-
ent’s family residing in the same household
as the alien when the spouse or parent
consented or acquiesced to and the alien
did not actively participate in such battery
or cruelty, and (III) the need for the public
benefits applied for has a substantial con-
nection to the battery or cruelty described
in this clause; and
411
(ii) for more than 48 months if the
alien can demonstrate that any battery or
cruelty under clause (i) is ongoing, has led
to the issuance of an order of a judge or
an administrative law judge or a prior de-
termination of the Service, and that need
for such benefits has a substantial connec-
tion to such battery or cruelty.
(G) SSI DISABILITY
EXCEPTION.—Para-
graph (1) shall not apply to an alien who has
not attained 18 years of age and is eligible by
reason of disability for supplemental security
income benefits under title XVI of the Social
Security Act.
(H) FOOD STAMP EXCEPTION FOR CHIL-
DREN.—Paragraph (1) shall not apply to the
eligibility of an alien who has not attained 18
years of age for the food stamp program under
paragraph (3)(B).
(3) SPECIFIED FEDERAL PROGRAM DEFINED.—
For purposes of this title, the term ‘‘specified Fed-
eral program’’ means any of the following:
(A) SSI.—The supplemental security in-
come program under title XVI of the Social Se-
curity Act.
412
(B) FOOD STAMPS.—The food stamp pro-
gram as defined in section 3(h) of the Food
Stamp Act of 1977.
(b) LIMITED ELIGIBILITY FOR DESIGNATED FED-
ERAL PROGRAMS.—
(1) IN GENERAL.—Notwithstanding any other
provision of law and except as provided in section
403 and paragraph (2), a State is authorized to de-
termine the eligibility of an alien who is a qualified
alien (as defined in section 431) for any designated
Federal program (as defined in paragraph (3)).
(2) EXCEPTIONS.—Qualified aliens under this
paragraph shall be eligible for any designated Fed-
eral program.
(A) TIME-LIMITED EXCEPTION FOR REFU-
GEES AND ASYLEES.—
(i) An alien who is admitted to the
United States as a refugee under section
207 of the Immigration and Nationality
Act until 5 years after the date of an
alien’s entry into the United States.
(ii) An alien who is granted asylum
under section 208 of such Act until 5 years
after the date of such grant of asylum.
413
(iii) An alien whose deportation is
being withheld under section 243(h) of
such Act until 5 years after such withhold-
ing.
(B) 
CERTAIN
PERMANENT
RESIDENT
ALIENS.—An alien who—
(i) is lawfully admitted to the United
States for permanent residence under the
Immigration and Nationality Act; and
(ii)(I) has worked 20 qualifying quar-
ters of coverage as defined under title II of
the Social Security Act or can be credited
with such qualifying quarters as provided
under section 435, and (II) did not receive
any Federal means-tested public benefit
(as defined in section 403(c)) during any
such quarter.
(C) VETERAN AND ACTIVE DUTY EXCEP-
TION.—An alien who is lawfully residing in any
State and is—
(i) a veteran (as defined in section
101 of title 38, United States Code) with
a discharge characterized as an honorable
discharge and not on account of alienage,
414
(ii) on active duty (other than active
duty for training) in the Armed Forces of
the United States, or
(iii) the spouse or unmarried depend-
ent child of an individual described in
clause (i) or (ii).
(D) TRANSITION FOR THOSE CURRENTLY
RECEIVING
BENEFITS.—An alien who on the
date of the enactment of this Act is lawfully re-
siding in any State and is receiving benefits
under such program on the date of the enact-
ment of this Act shall continue to be eligible to
receive such benefits until January 1, 1997.
(E) FICA 
EXCEPTION.—Paragraph (1)
shall not apply to an alien if there has been
paid with respect to the self-employment income
or employment of the alien, or of a parent or
spouse of the alien, taxes under chapter 2 or
chapter 21 of the Internal Revenue Code of
1986 in each of 20 different calendar quarters.
(F) TIME-LIMITED EXCEPTION FOR BAT-
TERED
WOMEN
AND
CHILDREN.—Paragraph
(1) shall not apply—
(i) for up to 48 months if the alien
can demonstrate that (I) the alien has
415
been battered or subject to extreme cruelty
in the United States by a spouse or parent,
or by a member of the spouse or parent’s
family residing in the same household as
the alien and the spouse or parent con-
sented or acquiesced to such battery or
cruelty, or (II) the alien’s child has been
battered or subject to extreme cruelty in
the United States by a spouse or parent of
the alien (without the active participation
of the alien in the battery or extreme cru-
elty), or by a member of the spouse or par-
ent’s family residing in the same household
as the alien when the spouse or parent
consented or acquiesced to and the alien
did not actively participate in such battery
or cruelty, and (III) the need for the public
benefits applied for has a substantial con-
nection to the battery or cruelty described
in subclause (I) or (II); and
(ii) for more than 48 months if the
alien can demonstrate that any battery or
cruelty under clause (i) is ongoing, has led
to the issuance of an order of a judge or
an administrative law judge or a prior de-
416
termination of the Service, and that the
need for such benefits has a substantial
connection to such battery or cruelty.
(G) SSI DISABILITY
EXCEPTION.—Para-
graph (1) shall not apply to an alien who has
not attained 18 years of age and is eligible by
reason of disability for supplemental security
income benefits under title XVI of the Social
Security Act.
(3) DESIGNATED
FEDERAL
PROGRAM
DE-
FINED.—For purposes of this title, the term ‘‘des-
ignated Federal program’’ means any of the follow-
ing:
(A) TEMPORARY ASSISTANCE FOR NEEDY
FAMILIES.—The program of block grants to
States for temporary assistance for needy fami-
lies under part A of title IV of the Social Secu-
rity Act.
(B) SOCIAL
SERVICES
BLOCK
GRANT.—
The program of block grants to States for so-
cial services under title XX of the Social Secu-
rity Act.
417
SEC. 403. FIVE-YEAR LIMITED ELIGIBILITY OF QUALIFIED
ALIENS FOR FEDERAL MEANS-TESTED PUB-
LIC BENEFIT.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law and except as provided in subsection (b), an
alien who is a qualified alien (as defined in section 431)
and who enters the United States on or after the date
of the enactment of this Act is not eligible for any Federal
means-tested public benefit (as defined in subsection (c))
for a period of five years beginning on the date of the
alien’s entry into the United States with a status within
the meaning of the term ‘‘qualified alien’’.
(b) EXCEPTIONS.—The limitation under subsection
(a) shall not apply to the following aliens:
(1) 
EXCEPTION
FOR
REFUGEES
AND
ASYLEES.—
(A) An alien who is admitted to the United
States as a refugee under section 207 of the
Immigration and Nationality Act.
(B) An alien who is granted asylum under
section 208 of such Act.
(C) An alien whose deportation is being
withheld under section 243(h) of such Act.
(2) VETERAN AND ACTIVE DUTY EXCEPTION.—
An alien who is lawfully residing in any State and
is—
418
(A) a veteran (as defined in section 101 of
title 38, United States Code) with a discharge
characterized as an honorable discharge and not
on account of alienage,
(B) on active duty (other than active duty
for training) in the Armed Forces of the United
States, or
(C) the spouse or unmarried dependent
child of an individual described in subparagraph
(A) or (B).
(3) FICA EXCEPTION.—An alien if there has
been paid with respect to the self-employment in-
come or employment of the alien, or of a parent or
spouse of the alien, taxes under chapter 2 or chapter
21 of the Internal Revenue Code of 1986 in each of
20 different calendar quarters.
(4) EXCEPTION FOR BATTERED WOMEN AND
CHILDREN.—An alien—
(A) for up to 48 months if the alien can
demonstrate that (i) the alien has been battered
or subject to extreme cruelty in the United
States by a spouse or parent, or by a member
of the spouse or parent’s family residing in the
same household as the alien and the spouse or
parent consented or acquiesced to such battery
419
or cruelty, or (ii) the alien’s child has been bat-
tered or subject to extreme cruelty in the Unit-
ed States by a spouse or parent of the alien
(without the active participation of the alien in
the battery or extreme cruelty), or by a member
of the spouse or parent’s family residing in the
same household as the alien when the spouse or
parent consented or acquiesced to and the alien
did not actively participate in such battery or
cruelty, and (iii) the need for the public benefits
applied for has a substantial connection to the
battery or cruelty described in clause (i) or (ii);
and
(B) for more than 48 months if the alien
can demonstrate that any battery or cruelty
under subparagraph (A) is ongoing, has led to
the issuance of an order of a judge or an ad-
ministrative law judge or a prior determination
of the Service, and that need for such benefits
has a substantial connection to such battery or
cruelty.
(5) SSI DISABILITY EXCEPTION.—An alien who
has not attained 18 years of age and is eligible by
reason of disability for supplemental security income
benefits under title XVI of the Social Security Act.
420
(6) FOOD STAMP EXCEPTION FOR CHILDREN.—
An alien who has not attained 18 years of age only
for purposes of eligibility for the food stamp pro-
gram as defined in section 3(h) of the Food Stamp
Act of 1977.
(c) FEDERAL MEANS-TESTED PUBLIC BENEFIT DE-
FINED.—
(1) Except as provided in paragraph (2), for
purposes of this title, the term ‘‘Federal means-test-
ed public benefit’’ means a public benefit (including
cash, medical, housing, and food assistance and so-
cial services) of the Federal Government in which
the eligibility of an individual, household, or family
eligibility unit for benefits, or the amount of such
benefits, or both are determined on the basis of in-
come, resources, or financial need of the individual,
household, or unit.
(2) Such term does not include the following:
(A) Emergency medical services under title
XIX or XXI of the Social Security Act.
(B) Short-term, non-cash, in-kind emer-
gency disaster relief.
(C) Assistance or benefits under the Na-
tional School Lunch Act.
421
(D) Assistance or benefits under the Child
Nutrition Act of 1966.
(E)(i) Public health assistance for immuni-
zations.
(ii) Public health assistance for testing and
treatment of a serious communicable disease if
the Secretary of Health and Human Services
determines that it is necessary to prevent the
spread of such disease.
(F) Payments for foster care and adoption
assistance under part B of title IV of the Social
Security Act for a child who would, in the ab-
sence of subsection (a), be eligible to have such
payments made on the child’s behalf under such
part, but only if the foster or adoptive parent
or parents of such child are not described under
subsection (a).
(G) Programs, services, or assistance (such
as soup kitchens, crisis counseling and interven-
tion, and short-term shelter) specified by the
Attorney General, in the Attorney General’s
sole and unreviewable discretion after consulta-
tion with appropriate Federal agencies and de-
partments, which (i) deliver in-kind services at
the community level, including through public
422
or private nonprofit agencies; (ii) do not condi-
tion the provision of assistance, the amount of
assistance provided, or the cost of assistance
provided on the individual recipient’s income or
resources; and (iii) are necessary for the protec-
tion of life or safety.
(H) Programs of student assistance under
titles IV, V, IX, and X of the Higher Education
Act of 1965.
(I) Means-tested programs under the Ele-
mentary and Secondary Education Act of 1965.
(J) The program of medical assistance
under title XIX and title XXI of the Social Se-
curity Act.
SEC. 404. NOTIFICATION AND INFORMATION REPORTING.
(a) NOTIFICATION.—Each Federal agency that ad-
ministers a program to which section 401, 402, or 403
applies shall, directly or through the States, post informa-
tion and provide general notification to the public and to
program recipients of the changes regarding eligibility for
any such program pursuant to this title.
(b) INFORMATION REPORTING UNDER TITLE IV OF
THE SOCIAL SECURITY ACT.—Part A of title IV of the
Social Security Act is amended by inserting the following
new section after section 411:
423
‘‘SEC. 411A. STATE REQUIRED TO PROVIDE CERTAIN INFOR-
MATION.
‘‘Each State to which a grant is made under section
403 of the Social Security Act shall, at least 4 times annu-
ally and upon request of the Immigration and Naturaliza-
tion Service, furnish the Immigration and Naturalization
Service with the name and address of, and other identify-
ing information on, any individual who the State knows
is unlawfully in the United States.’’.
(c) SSI.—Section 1631(e) of such Act (42 U.S.C.
1383(e)) is amended—
(1) by redesignating paragraphs (6) and (7) in-
serted by sections 206(d)(2) and 206(f)(1) of the
Social Security Independence and Programs Im-
provement Act of 1994 (Public Law 103–296; 108
Stat. 1514, 1515) as paragraphs (7) and (8), re-
spectively; and
(2) by adding at the end the following new
paragraph:
‘‘(9) Notwithstanding any other provision of
law, the Commissioner shall, at least 4 times annu-
ally and upon request of the Immigration and Natu-
ralization Service (hereafter in this paragraph re-
ferred to as the ‘Service’), furnish the Service with
the name and address of, and other identifying in-
formation on, any individual who the Commissioner
424
knows is unlawfully in the United States, and shall
ensure that each agreement entered into under sec-
tion 1616(a) with a State provides that the State
shall furnish such information at such times with re-
spect to any individual who the State knows is un-
lawfully in the United States.’’.
(d) INFORMATION REPORTING FOR HOUSING PRO-
GRAMS.—Title I of the United States Housing Act of 1937
(42 U.S.C. 1437 et seq.), as amended by this Act, is fur-
ther amended by adding at the end the following new sec-
tion:
‘‘SEC. 28. PROVISION OF INFORMATION TO LAW ENFORCE-
MENT AND OTHER AGENCIES.
‘‘Notwithstanding any other provision of law, the Sec-
retary shall, at least 4 times annually and upon request
of the Immigration and Naturalization Service (hereafter
in this section referred to as the ‘Service’), furnish the
Service with the name and address of, and other identify-
ing information on, any individual who the Secretary
knows is unlawfully in the United States, and shall ensure
that each contract for assistance entered into under sec-
tion 6 or 8 of this Act with a public housing agency pro-
vides that the public housing agency shall furnish such
information at such times with respect to any individual
425
who the public housing agency knows is unlawfully in the
United States.’’.
Subtitle 
B—Eligibility 
for 
State
and Local Public Benefits Pro-
grams
SEC. 411. ALIENS WHO ARE NOT QUALIFIED ALIENS OR
NONIMMIGRANTS 
INELIGIBLE 
FOR 
STATE
AND LOCAL PUBLIC BENEFITS.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law and except as provided in subsections (b) and
(d), an alien who is not described under a paragraph of
this subsection is not eligible for any State or local public
benefit (as defined in subsection (c)):
(1) A qualified alien (as defined in section 431).
(2) A nonimmigrant under the Immigration and
Nationality Act.
(3) An alien who is paroled into the United
States under section 212(d)(5) of such Act for less
than one year.
(4) An alien—
(A) for up to 48 months if the alien can
demonstrate that (i) the alien has been battered
or subject to extreme cruelty in the United
States by a spouse or parent, or by a member
of the spouse or parent’s family residing in the
426
same household as the alien and the spouse or
parent consented or acquiesced to such battery
or cruelty, or (ii) the alien’s child has been bat-
tered or subject to extreme cruelty in the Unit-
ed States by a spouse or parent of the alien
(without the active participation of the alien in
the battery or extreme cruelty), or by a member
of the spouse or parent’s family residing in the
same household as the alien when the spouse or
parent consented or acquiesced to and the alien
did not actively participate in such battery or
cruelty, and (iii) the need for the public benefits
applied for has a substantial connection to the
battery or cruelty described in clause (i) or (ii),
and
(B) for more than 48 months if the alien
can demonstrate that any battery or cruelty
under subparagraph (A) is ongoing, has led to
the issuance of an order of a judge or an ad-
ministrative law judge or a prior determination
of the Service, and that the need for such bene-
fits has a substantial connection to such battery
or cruelty.
(b) EXCEPTIONS.—Subsection (a) shall not apply
with respect to the following State or local public benefits:
427
(1) Emergency medical services under title XIX
or XXI of the Social Security Act.
(2) Short-term, noncash, in-kind emergency dis-
aster relief.
(3)(A) Public health assistance for immuniza-
tions.
(B) Public health assistance for testing and
treatment of a serious communicable disease if the
Secretary of Health and Human Services determines
that it is necessary to prevent the spread of such
disease.
(4) Programs, services, or assistance (such as
soup kitchens, crisis counseling and intervention,
and short-term shelter) specified by the Attorney
General, in the Attorney General’s sole and
unreviewable discretion after consultation with ap-
propriate Federal agencies and departments, which
(A) deliver in-kind services at the community level,
including through public or private nonprofit agen-
cies; (B) do not condition the provision of assistance,
the amount of assistance provided, or the cost of as-
sistance provided on the individual recipient’s in-
come or resources; and (C) are necessary for the
protection of life or safety.
(c) STATE OR LOCAL PUBLIC BENEFIT DEFINED.—
428
(1) Except as provided in paragraph (2), for
purposes of this subtitle the term ‘‘State or local
public benefit’’ means—
(A) any grant, contract, loan, professional
license, or commercial license provided by an
agency of a State or local government or by ap-
propriated funds of a State or local govern-
ment; and
(B) any retirement, welfare, health, dis-
ability, public or assisted housing, post-second-
ary education, food assistance, unemployment
benefit, or any other similar benefit for which
payments or assistance are provided to an indi-
vidual, household, or family eligibility unit by
an agency of a State or local government or by
appropriated funds of a State or local govern-
ment.
(2) Such term shall not apply—
(A) to any contract, professional license, or
commercial license for a nonimmigrant whose
visa for entry is related to such employment in
the United States; or
(B) with respect to benefits for an alien
who as a work authorized nonimmigrant or as
an alien lawfully admitted for permanent resi-
429
dence under the Immigration and Nationality
Act qualified for such benefits and for whom
the United States under reciprocal treaty agree-
ments is required to pay benefits, as determined
by the Secretary of State, after consultation
with the Attorney General.
(d) STATE AUTHORITY TO PROVIDE FOR ELIGI-
BILITY OF ILLEGAL ALIENS FOR STATE AND LOCAL PUB-
LIC BENEFITS.—A State may provide that an alien who
is not lawfully present in the United States is eligible for
any State or local public benefit for which such alien would
otherwise be ineligible under subsection (a) only through
the enactment of a State law after the date of the enact-
ment of this Act which affirmatively provides for such eli-
gibility.
SEC. 412. STATE AUTHORITY TO LIMIT ELIGIBILITY OF
QUALIFIED ALIENS FOR STATE PUBLIC BENE-
FITS.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law and except as provided in subsection (b), a
State is authorized to determine the eligibility for any
State public benefits (as defined in subsection (c) of an
alien who is a qualified alien (as defined in section 431),
a nonimmigrant under the Immigration and Nationality
430
Act, or an alien who is paroled into the United States
under section 212(d)(5) of such Act for less than one year.
(b) EXCEPTIONS.—Qualified aliens under this sub-
section shall be eligible for any State public benefits.
(1) TIME-LIMITED EXCEPTION FOR REFUGEES
AND ASYLEES.—
(A) An alien who is admitted to the United
States as a refugee under section 207 of the
Immigration and Nationality Act until 5 years
after the date of an alien’s entry into the Unit-
ed States.
(B) An alien who is granted asylum under
section 208 of such Act until 5 years after the
date of such grant of asylum.
(C) An alien whose deportation is being
withheld under section 243(h) of such Act until
5 years after such withholding.
(2) CERTAIN PERMANENT RESIDENT ALIENS.—
An alien who—
(A) is lawfully admitted to the United
States for permanent residence under the Im-
migration and Nationality Act; and
(B)(i) has worked 20 qualifying quarters
of coverage as defined under title II of the So-
cial Security Act or can be credited with such
431
qualifying quarters as provided under section
435, and (ii) did not receive any Federal
means-tested public benefit (as defined in sec-
tion 403(c)) during any such quarter.
(3) VETERAN AND ACTIVE DUTY EXCEPTION.—
An alien who is lawfully residing in any State and
is—
(A) a veteran (as defined in section 101 of
title 38, United States Code) with a discharge
characterized as an honorable discharge and not
on account of alienage,
(B) on active duty (other than active duty
for training) in the Armed Forces of the United
States, or
(C) the spouse or unmarried dependent
child of an individual described in subparagraph
(A) or (B).
(4) TRANSITION FOR THOSE CURRENTLY RE-
CEIVING BENEFITS.—An alien who on the date of
the enactment of this Act is lawfully residing in any
State and is receiving benefits on the date of the en-
actment of this Act shall continue to be eligible to
receive such benefits until January 1, 1997.
(5) EXCEPTION FOR BATTERED WOMEN AND
CHILDREN.—An alien—
432
(A) for up to 48 months if the alien can
demonstrate that (i) the alien has been battered
or subject to extreme cruelty in the United
States by a spouse or parent, or by a member
of the spouse or parent’s family residing in the
same household as the alien and the spouse or
parent consented or acquiesced to such battery
or cruelty, or (ii) the alien’s child has been bat-
tered or subject to extreme cruelty in the Unit-
ed States by a spouse or parent of the alien
(without the active participation of the alien in
the battery or extreme cruelty), or by a member
of the spouse or parent’s family residing in the
same household as the alien when the spouse or
parent consented or acquiesced to and the alien
did not actively participate in such battery or
cruelty, and (iii) the need for the public benefits
applied for has a substantial connection to the
battery or cruelty described in clause (i) or (ii);
and
(B) for more than 48 months if the alien
can demonstrate that any battery or cruelty
under subparagraph (A) is ongoing, has led to
the issuance of an order of a judge or an ad-
ministrative law judge or a prior determination
512
under this subclause for meals or sup-
plements served to the children of a
person acting as a family or group
day care home provider unless the
children meet the income eligibility
guidelines for free or reduced price
meals under section 9.
‘‘(III) FACTORS.—Except as pro-
vided in subclause (IV), the reim-
bursement factors applied to a home
referred to in subclause (II) shall be
the factors in effect on the date of en-
actment of this subclause.
‘‘(IV) ADJUSTMENTS.—The re-
imbursement factors under this sub-
paragraph shall be adjusted on Au-
gust 1, 1996, July 1, 1997, and each
July 1 thereafter, to reflect changes in
the Consumer Price Index for food at
home for the most recent 12-month
period for which the data are avail-
able. 
The 
reimbursement 
factors
under this subparagraph shall be
rounded to the nearest lower cent in-
crement and based on the unrounded