H. R. 2491—810
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. 12364. 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 following new
subsection:
‘‘(g) LAWS VOIDING FRAUDULENT TRANSFERS.—In order to sat-
isfy 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 support 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 interests of the
child support creditor.’’.
SEC. 12365. WORK REQUIREMENT FOR PERSONS OWING PAST-DUE
CHILD SUPPORT.
(a) IN GENERAL.—Section 466(a) of the Social Security Act
(42 U.S.C. 666(a)), as amended by sections 12315, 12317(a), and
12323 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, participate in such work
activities (as defined in section 406(d)) as the court,
or, at the option of the State, the State agency admin-
istering the State program under this part, deems
appropriate.
‘‘(B) PAST-DUE
SUPPORT
DEFINED.—For purposes of
subparagraph (A), the term ‘past-due support’ means the
amount of a delinquency, determined under a court order,
or an order of an administrative process established under
H. R. 2491—811
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 paragraph 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. 12366. DEFINITION OF SUPPORT ORDER.
Section 453 (42 U.S.C. 653) as amended by sections 12316
and 12345(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 tem-
porary, final, or subject to modification, issued by a court or an
administrative agency of competent jurisdiction, for the support
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 monetary support, health care, arrearages, or reimbursement,
and which may include related costs and fees, interest and penalties,
income withholding, attorneys’ fees, and other relief.’’.
SEC. 12367. 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 BUREAUS.—
‘‘(A) IN GENERAL.—Procedures (subject to safeguards
pursuant to subparagraph (B)) requiring the State to report
periodically to consumer reporting agencies (as defined in
section 603(f) of the Fair Credit Reporting Act (15 U.S.C.
1681a(f)) the name of any noncustodial parent who is delin-
quent in the payment of support, and the amount of over-
due support owed by such parent.
‘‘(B) SAFEGUARDS.—Procedures ensuring that, in carry-
ing out subparagraph (A), information 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 reasonable opportunity to contest the accuracy
of such information; and
‘‘(ii) only to an entity that has furnished evidence
satisfactory to the State that the entity is a consumer
reporting agency (as so defined).’’.
SEC. 12368. 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 overdue 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 underlying order.’’.
H. R. 2491—812
SEC. 12369. STATE LAW AUTHORIZING SUSPENSION OF LICENSES.
Section 466(a) (42 U.S.C. 666(a)), as amended by sections 12315,
12317(a), 12323, and 12365 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 (and uses in appropriate
cases) authority to withhold or suspend, or to restrict the use
of driver’s licenses, professional and occupational licenses, and
recreational licenses of individuals owing overdue support or
failing, after receiving appropriate notice, to comply with
subpoenas or warrants relating to paternity or child support
proceedings.’’.
SEC. 12370. INTERNATIONAL CHILD SUPPORT ENFORCEMENT.
(a) AUTHORITY FOR INTERNATIONAL AGREEMENTS.—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 ENFORCEMENT.
‘‘(a) AUTHORITY FOR DECLARATIONS.—
‘‘(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,
procedures for the establishment and enforcement of duties
of support owed to obligees who are residents of the United
States, and such procedures are substantially 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 deter-
mine that—
‘‘(A) the procedures established by the foreign nation
regarding the establishment and enforcement 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.
‘‘(3) FORM
OF
DECLARATION.—A declaration under para-
graph (1) may be made in the form of an international agree-
ment, in connection with an international agreement or cor-
responding foreign declaration, or on a unilateral basis.
‘‘(b) STANDARDS FOR FOREIGN SUPPORT ENFORCEMENT PROCE-
DURES.—
‘‘(1) MANDATORY
ELEMENTS.—Child support enforcement
procedures of a foreign country which may be the subject of
a declaration pursuant to subsection (a)(1) shall include the
following elements:
‘‘(A) The foreign country (or political subdivision
thereof) has in effect procedures, available to residents
of the United States—
‘‘(i) for establishment of paternity, and for
establishment of orders of support for children and
custodial parents; and
H. R. 2491—813
‘‘(ii) for enforcement of orders to provide support
to children and custodial parents, including procedures
for collection and appropriate distribution of support
payments under such orders.
‘‘(B) The procedures described in subparagraph (A),
including legal and administrative 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 enforcement in cases
involving residents of the foreign nation and residents
of the United States; and
‘‘(ii) ensuring compliance with the standards estab-
lished pursuant to this subsection.
‘‘(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 necessary to further the purposes of this
section.
‘‘(c) DESIGNATION OF UNITED STATES CENTRAL AUTHORITY.—
It shall be the responsibility of the Secretary 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—
‘‘(1) development of uniform forms and procedures for use
in such cases;
‘‘(2) notification of foreign reciprocating countries of the
State of residence of individuals sought for support enforcement
purposes, on the basis of information provided by the Federal
Parent Locator Service; and
‘‘(3) such other oversight, assistance, and coordination
activities as the Secretary may find necessary and appropriate.
‘‘(d) EFFECT ON OTHER LAWS.—States may enter into reciprocal
arrangements for the establishment and enforcement of child sup-
port obligations with foreign countries 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 12301(b), 12303(a), 12312(b), 12313(a),
12333, and 12343(b) of this Act, is amended—
(1) by striking ‘‘and’’ at the end of paragraph (29);
(2) by striking the period at the end of paragraph (30)
and inserting ‘‘; and’’; and
(3) by adding after paragraph (30) the following new para-
graph:
‘‘(31)(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 arrangement 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 required from,
and no costs will be assessed for such services against, the