I
104TH CONGRESS
2D SESSION
H. R. 3453
To provide for the more effective enforcement of child support orders.
IN THE HOUSE OF REPRESENTATIVES
MAY 14, 1996
Mrs. ROUKEMA (for herself, Mr. POMEROY, and Mr. BLUTE) introduced the
following bill; which was referred to the Committee on Ways and Means,
and in addition to the Committees on Banking and Financial Services,
the Judiciary, National Security, Transportation and Infrastructure,
International Relations, Economic and Educational Opportunities, and
Government Reform and Oversight, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To provide for the more effective enforcement of child
support orders.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Child Support Enforce-
ment Reform Amendments of 1996’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Reference to Social Security Act.
Subtitle A—Eligibility for Services; Distribution of Payments
Sec. 101. State obligation to provide child support enforcement services.
Sec. 102. Distribution of child support collections.
Sec. 103. Privacy safeguards.
Sec. 104. Rights to notification and hearings.
Subtitle B—Locate and Case Tracking
Sec. 111. State case registry.
Sec. 112. Collection and disbursement of support payments.
Sec. 113. State directory of new hires.
Sec. 114. Amendments concerning income withholding.
Sec. 115. Locator information from interstate networks.
Sec. 116. Expansion of the Federal parent locator service.
Sec. 117. Collection and use of social security numbers for use in child support
enforcement.
Subtitle C—Streamlining and Uniformity of Procedures
Sec. 121. Adoption of uniform State laws.
Sec. 122. Improvements to full faith and credit for child support orders.
Sec. 123. Administrative enforcement in interstate cases.
Sec. 124. Use of forms in interstate enforcement.
Sec. 125. State laws providing expedited procedures.
Subtitle D—Paternity Establishment
Sec. 131. State laws concerning paternity establishment.
Sec. 132. Outreach for voluntary paternity establishment.
Sec. 133. Cooperation by applicants for and recipients of temporary family as-
sistance.
Subtitle E—Program Administration and Funding
Sec. 141. Performance-based incentives and penalties.
Sec. 142. Federal and State reviews and audits.
Sec. 143. Required reporting procedures.
Sec. 144. Automated data processing requirements.
Sec. 145. Technical assistance.
Sec. 146. Reports and data collection by the Secretary.
Subtitle F—Establishment and Modification of Support Orders
Sec. 151. Simplified process for review and adjustment of child support orders.
Sec. 152. Furnishing consumer reports for certain purposes relating to child
support.
Sec. 153. Nonliability for financial institutions providing financial records to
State child support enforcement agencies in child support
cases.
Subtitle G—Enforcement of Support Orders
Sec. 161. Internal Revenue Service collection of arrearages.
Sec. 162. Authority to collect support from Federal employees.
Sec. 163. Enforcement of child support obligations of members of the Armed
Forces.
Sec. 164. Voiding of fraudulent transfers.
Sec. 165. Work requirement for persons owing past-due child support.
Sec. 166. Definition of support order.
Sec. 167. Reporting arrearages to credit bureaus.
Sec. 168. Liens.
Sec. 169. State law authorizing suspension of licenses.
Sec. 170. Denial of passports for nonpayment of child support.
Sec. 171. International child support enforcement.
Sec. 172. Financial institution data matches.
Sec. 173. Enforcement of orders against paternal or maternal grandparents in
cases of minor parents.
Sec. 174. Nondischargeability in bankruptcy of certain debts for the support of
a child.
Subtitle H—Medical Support
Sec. 176. Correction to ERISA definition of medical child support order.
Sec. 177. Enforcement of orders for health care coverage.
Subtitle I—Enhancing Responsibility and Opportunity for Non-Residential
Parents
Sec. 181. Grants to States for access and visitation programs.
Subtitle J—Effect of Enactment
Sec. 191. Effective dates.
SEC. 3. REFERENCE TO SOCIAL SECURITY ACT.
Except as otherwise specifically provided, wherever in
this Act an amendment is expressed in terms of an amend-
ment to or repeal of a section or other provision, the ref-
erence shall be considered to be made to that section or
other provision of the Social Security Act.
Subtitle A—Eligibility for Services;
Distribution of Payments
SEC. 101. STATE OBLIGATION TO PROVIDE CHILD SUPPORT
ENFORCEMENT SERVICES.
(a) STATE PLAN REQUIREMENTS.—Section 454 (42
U.S.C. 654) is amended—
(1) by striking paragraph (4) and inserting the
following new paragraph:
‘‘(4) provide that the State will—
‘‘(A) provide services relating to the estab-
lishment of paternity or the establishment,
modification, or enforcement of child support
obligations, as appropriate, under the plan with
respect to—
‘‘(i) each child for whom (I) assist-
ance is provided under the State program
funded under part A of this title, (II) ben-
efits or services for foster care mainte-
nance and adoption assistance are provided
under the State program funded under
part E of this title, or (III) medical assist-
ance is provided under the State plan ap-
proved under title XIX, unless the State
agency administering the plan determines
(in accordance with paragraph (29)) that
it is against the best interests of the child
to do so; and
‘‘(ii) any other child, if an individual
applies for such services with respect to
the child; and
‘‘(B) enforce any support obligation estab-
lished with respect to—
‘‘(i) a child with respect to whom the
State provides services under the plan; or
‘‘(ii) the custodial parent of such a
child.’’; and
(2) in paragraph (6)—
(A) by striking ‘‘provide that’’ and insert-
ing ‘‘provide that—’’;
(B) by striking subparagraph (A) and in-
serting the following new subparagraph:
‘‘(A) services under the plan shall be made
available to residents of other States on the
same terms as to residents of the State submit-
ting the plan;’’;
(C) in subparagraph (B), by inserting ‘‘on
individuals not receiving assistance under any
State program funded under part A’’ after
‘‘such services shall be imposed’’;
(D) in each of subparagraphs (B), (C),
(D), and (E)—
(i) by indenting the subparagraph in
the same manner as, and aligning the left
margin of the subparagraph with the left
margin of, the matter inserted by subpara-
graph (B) of this paragraph; and
(ii) by striking the final comma and
inserting a semicolon; and
(E) in subparagraph (E), by indenting
each of clauses (i) and (ii) 2 additional ems.
(b) CONTINUATION
OF SERVICES
FOR FAMILIES
CEASING TO RECEIVE ASSISTANCE UNDER THE STATE
PROGRAM FUNDED UNDER PART A.—Section 454 (42
U.S.C. 654) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(23);
(2) by striking the period at the end of para-
graph (24) and inserting ‘‘; and’’; and
(3) by adding after paragraph (24) the follow-
ing new paragraph:
‘‘(25) provide that if a family with respect to
which services are provided under the plan ceases to
receive assistance under the State program funded
under part A, the State shall provide appropriate no-
tice to the family and continue to provide such serv-
ices, subject to the same conditions and on the same
basis as in the case of other individuals to whom
services are furnished under the plan, except that an
application or other request to continue services
shall not be required of such a family and paragraph
(6)(B) shall not apply to the family.’’.
(c) CONFORMING AMENDMENTS.—
(1) Section 452(b) (42 U.S.C. 652(b)) is
amended by 
striking 
‘‘454(6)’’ 
and 
inserting
‘‘454(4)’’.
(2) 
Section 
452(g)(2)(A) 
(42 
U.S.C.
652(g)(2)(A)) is amended by striking ‘‘454(6)’’ each
place it appears and inserting ‘‘454(4)(A)(ii)’’.
(3) 
Section 
466(a)(3)(B) 
(42 
U.S.C.
666(a)(3)(B)) is amended by striking ‘‘in the case of
overdue support which a State has agreed to collect
under section 454(6)’’ and inserting ‘‘in any other
case’’.
(4) Section 466(e) (42 U.S.C. 666(e)) is
amended by striking ‘‘paragraph (4) or (6) of sec-
tion 454’’ and inserting ‘‘section 454(4)’’.
SEC. 102. DISTRIBUTION OF CHILD SUPPORT COLLEC-
TIONS.
(a) IN GENERAL.—Section 457 (42 U.S.C. 657) is
amended to read as follows:
‘‘SEC. 457. DISTRIBUTION OF COLLECTED SUPPORT.
‘‘(a) IN GENERAL.—An amount collected on behalf
of a family as support by a State pursuant to a plan ap-
proved under this part shall be distributed as follows:
‘‘(1) FAMILIES RECEIVING ASSISTANCE.—In the
case of a family receiving assistance from the State,
the State shall—
‘‘(A) in the case of an amount so collected
that is attributable to a payment that is due for
a month, distribute to the family a sum equal
to the amount (if any) by which $50 exceeds
the total amount distributed to the family
under this subparagraph (or under section
457(b)(1), as in effect on the day before the
date of the enactment of the Child Support En-
forcement Reform Amendments of 1996) with
respect to the month;
‘‘(B) pay to the Federal Government an
amount equal to—
‘‘(i) the Federal share of the amount
so collected; minus
‘‘(ii) the sum (if any) distributed to
the family pursuant to subparagraph (A)
from the amount so collected; and
‘‘(C) retain, or distribute to the family, the
State share of the amount so collected.
‘‘(2) FAMILIES THAT FORMERLY RECEIVED AS-
SISTANCE.—In the case of a family that formerly re-
ceived assistance from the State:
‘‘(A) CURRENT SUPPORT PAYMENTS.—To
the extent that the amount so collected does not
exceed the amount required to be paid to the
family for the month in which collected, the
State shall distribute the amount so collected to
the family.
‘‘(B) PAYMENTS OF ARREARAGES.—To the
extent that the amount so collected exceeds the
amount required to be paid to the family for
the month in which collected, the State shall
distribute the amount so collected as follows:
‘‘(i) DISTRIBUTION
OF
ARREARAGES
THAT
ACCRUED
AFTER
THE
FAMILY
CEASED TO RECEIVE ASSISTANCE.—
‘‘(I) PRE-OCTOBER
1997.—The
provisions of this section (other than
subsection (b)(1)) as in effect and ap-
plied on the day before the date of the
enactment of the Child Support En-
forcement Reform Amendments of
1996 shall apply with respect to the
distribution of support arrearages
that—
‘‘(aa) accrued after the fam-
ily ceased to receive assistance,
and
‘‘(bb) are collected before
October 1, 1997.
‘‘(II) POST-SEPTEMBER
1997.—
With respect the amount so collected
on or after October 1, 1997, or before
such date, at the option of the
State—
‘‘(aa) IN
GENERAL.—The
State shall first distribute the
amount so collected (other than
any amount described in clause
(iv)) to the family to the extent
necessary to satisfy any support
arrearages with respect to the
family that accrued after the
family ceased to receive assist-
ance from the State.
‘‘(bb) REIMBURSEMENT
OF
GOVERNMENTS
FOR
ASSISTANCE
PROVIDED
TO
THE
FAMILY.—
After the application of division
(aa) and clause (ii)(II)(aa) with
respect to the amount so col-
lected, the State shall retain the
State share of the amount so col-
lected, and pay to the Federal
Government the Federal share
(as 
defined 
in 
subsection
(b)(2)(A)) of the amount so col-
lected, but only to the extent nec-
essary to reimburse amounts paid
to the family as assistance by the
State.
‘‘(cc) DISTRIBUTION OF THE
REMAINDER
TO
THE
FAMILY.—
To the extent that neither divi-
sion (aa) nor division (bb) applies
to the amount so collected, the
State shall distribute the amount
to the family.
‘‘(ii) DISTRIBUTION OF ARREARAGES
THAT ACCRUED BEFORE THE FAMILY RE-
CEIVED ASSISTANCE.—
‘‘(I) PRE-OCTOBER
2000.—The
provisions of this section (other than
subsection (b)(1)) as in effect and ap-
plied on the day before the date of the
enactment of the Child Support En-
forcement Reform Amendments of
1996 shall apply with respect to the
distribution of support arrearages
that—
‘‘(aa) accrued before the
family received assistance, and
‘‘(bb) are collected before
October 1, 2000.
‘‘(II) POST-SEPTEMBER
2000.—
Unless, based on the report required
by paragraph (4), the Congress deter-
mines otherwise, with respect to the
amount so collected on or after Octo-
ber 1, 2000, or before such date, at
the option of the State—
‘‘(aa) IN
GENERAL.—The
State shall first distribute the
amount so collected (other than
any amount described in clause
(iv)) to the family to the extent
necessary to satisfy any support
arrearages with respect to the
family that accrued before the
family received assistance from
the State.
‘‘(bb) REIMBURSEMENT
OF
GOVERNMENTS
FOR
ASSISTANCE
PROVIDED
TO
THE
FAMILY.—
After the application of clause
(i)(II)(aa) and division (aa) with
respect to the amount so col-
lected, the State shall retain the
State share of the amount so col-
lected, and pay to the Federal
Government the Federal share
(as defined in subsection (b)(2))
of the amount so collected, but
only to the extent necessary to
reimburse of the amounts paid to
the family as assistance by the
State.
‘‘(cc) DISTRIBUTION OF THE
REMAINDER
TO
THE
FAMILY.—
To the extent that neither divi-
sion (aa) nor division (bb) applies
to the amount so collected, the
State shall distribute the amount
to the family.
‘‘(1) CONTENTS.—The automated system re-
quired by this section shall include a registry (which
shall be known as the ‘State case registry’) that con-
tains records with respect to—
‘‘(A) each case in which services are being
provided by the State agency under the State
plan approved under this part; and
‘‘(B) each support order established or
modified in the State on or after October 1,
1998.
‘‘(2) LINKING
OF
LOCAL
REGISTRIES.—The
State case registry may be established by linking
local case registries of support orders through an
automated information network, subject to this sec-
tion.
‘‘(3) USE
OF
STANDARDIZED
DATA
ELE-
MENTS.—Such records shall use standardized data
elements for both parents (such as names, social se-
curity numbers and other uniform identification
numbers, dates of birth, and case identification
numbers), and contain such other information (such
as on-case status) as the Secretary may require.
‘‘(4) PAYMENT RECORDS.—Each case record in
the State case registry with respect to which services
are being provided under the State plan approved