rights with respect to the child whose pa-
ternity is the subject of the acknowledg-
ment, and at which the minor is rep-
resented by a parent, guardian ad litem, or
attorney.’’;
(5) by striking subparagraph (E) and inserting
the following:
‘‘(E) BAR ON ACKNOWLEDGMENT RATIFI-
CATION
PROCEEDINGS.—Procedures 
under
which no judicial or administrative proceedings
are required or permitted to ratify an unchal-
lenged acknowledgment of paternity.’’;
(6) by striking subparagraph (F) and inserting
the following:
‘‘(F) ADMISSIBILITY OF GENETIC TESTING
RESULTS.—Procedures—
‘‘(i) requiring that the State admit
into evidence, for purposes of establishing
paternity, results of any genetic test that
is—
‘‘(I) of a type generally acknowl-
edged, by accreditation bodies des-
ignated by the Secretary, as reliable
evidence of paternity; and
‘‘(II) performed by a laboratory
approved by such an accreditation
body;
‘‘(ii) that any objection to genetic
testing results must be made in writing not
later than a specified number of days be-
fore any hearing at which such results may
be introduced into evidence (or, at State
option, not later than a specified number
of days after receipt of such results); and
‘‘(iii) that, if no objection is made, the
test results are admissible as evidence of
paternity without the need for foundation
testimony or other proof of authenticity or
accuracy.’’; and
(7) by adding after subparagraph (H) the
following new subparagraphs:
‘‘(I) NO RIGHT TO JURY TRIAL.—Proce-
dures providing that the parties to an action to
establish paternity are not entitled to jury trial.
‘‘(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, where there is clear and convincing
evidence 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 and
testing on behalf of the child.
‘‘(L) WAIVER OF STATE DEBTS FOR CO-
OPERATION.—At the option of the State, proce-
dures under which the tribunal establishing pa-
ternity and support has discretion to waive
rights to all or part of amounts owed to the
State (but not to the mother) for costs related
to pregnancy, childbirth, and genetic testing
and for public assistance paid to the family
where the father cooperates or acknowledges
paternity before or after genetic testing.
‘‘(M) STANDING OF PUTATIVE FATHERS.—
Procedures ensuring that the putative father
has a reasonable opportunity to initiate a pater-
nity action.’’.
(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 account number of each
parent’’ before the semicolon.
(c) TECHNICAL
AMENDMENT.—Section 468 (42
U.S.C. 668) is amended by striking ‘‘a simple civil process
for voluntarily acknowledging paternity and’’.
SEC. 142. OUTREACH FOR VOLUNTARY PATERNITY ESTAB-
LISHMENT.
(a) STATE PLAN REQUIREMENT.—Section 454(23)
(42 U.S.C. 654(23)) is amended by adding at the end the
following new subparagraph:
‘‘(C) publicize the availability and encour-
age the use of procedures for voluntary estab-
lishment of paternity and child support through
a variety of means, which—
‘‘(i) include distribution of written
materials at health care facilities (includ-
ing hospitals and clinics), and other loca-
tions such as schools;
‘‘(ii) may include pre-natal programs
to educate expectant couples on individual
and joint rights and responsibilities with
respect to paternity (and may require all
expectant recipients of assistance under
part A to participate in such pre-natal pro-
grams, as an element of cooperation with
efforts to establish paternity and child sup-
port);
‘‘(iii) include, with respect to each
child discharged from a hospital after birth
for whom paternity or child support has
not been established, reasonable follow-up
efforts (including at least one contact of
each parent whose whereabouts are known,
except where there is reason to believe
such follow-up efforts would put mother or
child at risk), providing—
‘‘(I) in the case of a child for
whom paternity has not been estab-
lished, information on the benefits of
and procedures for establishing pater-
nity; and
‘‘(II) in the case of a child for
whom paternity has been established
but child support has not been estab-
lished, information on the benefits of
and procedures for establishing a
child support order, and an applica-
tion for child support services;’’.
(b) 
ENHANCED
FEDERAL
MATCHING.—Section
455(a)(1)(C) (42 U.S.C. 655(a)(1)(C)) is amended—
(1) by inserting ‘‘(i)’’ before ‘‘laboratory costs’’,
and
(2) by inserting before the semicolon ‘‘, and (ii)
costs of outreach programs designed to encourage
voluntary acknowledgment of paternity’’.
(c) EFFECTIVE DATES.—(1) The amendments made
by subsection (a) shall become effective October 1, 1997.
(2) The amendments made by subsection (b) shall be
effective with respect to calendar quarters beginning on
and after October 1, 1996.
Subtitle F—Establishment and
Modification of Support Orders
SEC. 151. NATIONAL CHILD SUPPORT GUIDELINES COMMIS-
SION.
(a) ESTABLISHMENT.—There is hereby established a
commission to be known as the ‘‘National Child Support
Guidelines Commission’’ (in this section referred to as the
‘‘Commission’’).
(b) GENERAL DUTIES.—The Commission shall de-
velop a national child support guideline for consideration
by the Congress that is based on a study of various guide-
line models, the benefits and deficiencies of such models,
and any needed improvements.
(c) MEMBERSHIP.—
(1) NUMBER; APPOINTMENT.—
(A) IN GENERAL.—The Commission shall
be composed of 12 individuals appointed jointly
by the Secretary of Health and Human Services
and the Congress, not later than January 15,
1997, of which—
(i) 2 shall be appointed by the Chair-
man of the Committee on Finance of the
Senate, and 1 shall be appointed by the
ranking minority member of the Commit-
tee;
(ii) 2 shall be appointed by the Chair-
man of the Committee on Ways and Means
of the House of Representatives, and 1
shall be appointed by the ranking minority
member of the Committee; and
(iii) 6 shall be appointed by the Sec-
retary of Health and Human Services.
(B) 
QUALIFICATIONS
OF
MEMBERS.—
Members of the Commission shall have exper-
tise and experience in the evaluation and devel-
opment of child support guidelines. At least 1
member shall represent advocacy groups for
custodial parents, at least 1 member shall rep-
resent advocacy groups for noncustodial par-
ents, and at least 1 member shall be the direc-
tor of a State program under part D of title
IV of the Social Security Act.
(2) TERMS OF OFFICE.—Each member shall be
appointed for a term of 2 years. A vacancy in the
Commission shall be filled in the manner in which
the original appointment was made.
(d) COMMISSION POWERS, COMPENSATION, ACCESS
TO INFORMATION, AND SUPERVISION.—The first sentence
of subparagraph (C), the first and third sentences of sub-
paragraph (D), subparagraph (F) (except with respect to
the conduct of medical studies), clauses (ii) and (iii) of
subparagraph (G), and subparagraph (H) of section
1886(e)(6) of the Social Security Act shall apply to the
Commission in the same manner in which such provisions
apply to the Prospective Payment Assessment Commis-
sion.
(e) REPORT.—Not later than 2 years after the ap-
pointment of members, the Commission shall submit to
the President, the Committee on Ways and Means of the
House of Representatives, and the Committee on Finance
of the Senate, a recommended national child support
guideline and a final assessment of issues relating to such
a proposed national child support guideline.
(f) TERMINATION.—The Commission shall terminate
6 months after the submission of the report described in
subsection (e).
SEC. 152. SIMPLIFIED PROCESS FOR REVIEW AND ADJUST-
MENT OF CHILD SUPPORT ORDERS.
(a) IN GENERAL.—Section 466(a)(10) (42 U.S.C.
666(a)(10)) is amended to read as follows:
‘‘(10) PROCEDURES
FOR
MODIFICATION
OF
SUPPORT ORDERS.—
‘‘(A)(i) Procedures under which—
‘‘(I) every 3 years, at the request of
either parent subject to a child support
order, the State shall review and, as appro-
priate, adjust the order in accordance with
the guidelines established under section
467(a) if the amount of the child support
award under the order differs from the
amount that would be awarded in accord-
100
ance with such guidelines, without a re-
quirement for any other change in cir-
cumstances; and
‘‘(II) upon request at any time of ei-
ther parent subject to a child support
order, the State shall review and, as appro-
priate, adjust the order in accordance with
the guidelines established under section
467(a) based on a substantial change in
the circumstances of either such parent.
‘‘(ii) Such procedures shall require both
parents subject to a child support order to be
notified of their rights and responsibilities pro-
vided for under clause (i) at the time the order
is issued and in the annual information ex-
change form provided under subparagraph (B).
‘‘(B) Procedures under which each child
support order issued or modified in the State
after the effective date of this subparagraph
shall require the parents subject to the order to
provide each other with a complete statement of
their respective financial condition annually on
a form which shall be established by the Sec-
retary and provided by the State. The Secretary
101
shall establish regulations for the enforcement
of such exchange of information.’’.
Subtitle G—Enforcement of
Support Orders
SEC. 161. FEDERAL INCOME TAX REFUND OFFSET.
(a) CHANGED ORDER OF REFUND DISTRIBUTION
UNDER INTERNAL REVENUE CODE.—Section 6402(c) of
the Internal Revenue Code of 1986 is amended—
(1) by striking ‘‘The amount’’ and inserting
‘‘(1) IN GENERAL.—The amount’’;
(2) by striking ‘‘paid to the State. A reduction’’
and inserting ‘‘paid to the State.
‘‘(2) PRIORITIES FOR OFFSET.—A reduction’’;
(3) by striking ‘‘has been assigned’’ and insert-
ing ‘‘has not been assigned’’; and
(4) by striking ‘‘and shall be applied’’ and all
that follows and inserting ‘‘and shall thereafter be
applied to satisfy any past-due support that has
been so assigned.’’.
(b) ELIMINATION OF DISPARITIES IN TREATMENT
OF ASSIGNED
AND NON-ASSIGNED ARREARAGES.—(1)
Section 464(a) (42 U.S.C. 664(a)) is amended—
(A) by striking ‘‘(a)’’ and inserting ‘‘(a) OFF-
SET AUTHORIZED.—’’;
(B) in paragraph (1)—
102
(i) in the first sentence, by striking ‘‘which
has been assigned to such State pursuant to
section 402(a)(26) or section 471(a)(17)’’; and
(ii) in the second sentence, by striking ‘‘in
accordance with section 457 (b)(4) or (d)(3)’’
and inserting ‘‘as provided in paragraph (2)’’;
(C) in paragraph (2), to read as follows:
‘‘(2) The State agency shall distribute amounts
paid by the Secretary of the Treasury pursuant to
paragraph (1)—
‘‘(A) in accordance with section 457 (a)(4)
or (d)(3), in the case of past-due support as-
signed 
to 
a 
State 
pursuant 
to 
section
402(a)(26) or section 471(a)(17); and
‘‘(B) to or on behalf of the child to whom
the support was owed, in the case of past-due
support not so assigned.’’;
(D) in paragraph (3)—
(i) by striking ‘‘or (2)’’ each place it ap-
pears; and
(ii) in subparagraph (B), by striking
‘‘under paragraph (2)’’ and inserting ‘‘on ac-
count of past-due support described in para-
graph (2)(B)’’.
103
(2) Section 464(b) (42 U.S.C. 664(b)) is
amended—
(A) by striking ‘‘(b)(1)’’ and inserting ‘‘(b)
REGULATIONS.—’’; and
(B) by striking paragraph (2).
(3) Section 464(c) (42 U.S.C. 664(c)) is
amended—
(A) by striking ‘‘(c)(1) Except as provided
in paragraph (2), as’’ and inserting ‘‘(c) DEFI-
NITION.—As’’; and
(B) by striking paragraphs (2) and (3).
(c) TREATMENT
OF
LUMP-SUM
TAX
REFUND
UNDER AFDC.—
(1) EXEMPTION FROM LUMP-SUM RULE.—Sec-
tion 402(a)(17) (42 U.S.C. 602(a)(17)) is amended
by adding at the end the following: ‘‘but this para-
graph shall not apply to income received by a family
that is attributable to a child support obligation
owed with respect to a member of the family and
that is paid to the family from amounts withheld
from a Federal income tax refund otherwise payable
to the person owing such obligation, to the extent
that such income is placed in a qualified asset ac-
count (as defined in section 406(j)) the total
104
amounts in which, after such placement, does not
exceed $10,000;’’.
(2) QUALIFIED
ASSET
ACCOUNT
DEFINED.—
Section 406 (42 U.S.C. 606), as amended by section
102(g)(2) of this Act, is amended by adding at the
end the following:
‘‘(j)(1) The term ‘qualified asset account’ means a
mechanism approved by the State (such as individual re-
tirement accounts, escrow accounts, or savings bonds) that
allows savings of a family receiving aid to families with
dependent children to be used for qualified distributions.
‘‘(2) The term ‘qualified distribution’ means a dis-
tribution from a qualified asset account for expenses di-
rectly related to 1 or more of the following purposes:
‘‘(A) The attendance of a member of the family
at any education or training program.
‘‘(B) The improvement of the employability (in-
cluding self-employment) of a member of the family
(such as through the purchase of an automobile).
‘‘(C) The purchase of a home for the family.
‘‘(D) A change of the family residence.’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall become effective October 1, 1999.
105
SEC. 162. INTERNAL REVENUE SERVICE COLLECTION OF
ARREARS.
(a) AMENDMENT TO INTERNAL REVENUE CODE.—
Section 6305(a) of the Internal Revenue Code of 1986 is
amended—
(1) in paragraph (1), by inserting ‘‘except as
provided in paragraph (5)’’ after ‘‘collected’’;
(2) by striking ‘‘and’’ at the end of paragraph
(3);
(3) by striking the period at the end of para-
graph (4) and inserting a comma;
(4) by adding after paragraph (4) 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
(5) 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.
SEC. 163. AUTHORITY TO COLLECT SUPPORT FROM FED-
ERAL EMPLOYEES.
(a) CONSOLIDATION
AND STREAMLINING
OF AU-
THORITIES.—
106
(1) Section 459 (42 U.S.C. 659) is amended in
the caption by inserting ‘‘INCOME WITHHOLDING,’’
before ‘‘GARNISHMENT’’.
(2) Section 459(a) (42 U.S.C. 659(a)) is
amended—
(A) by striking ‘‘(a)’’ and inserting ‘‘(a)
CONSENT TO SUPPORT ENFORCEMENT.—
(B) by striking ‘‘section 207’’ and insert-
ing ‘‘section 207 of this Act and 38 U.S.C.
5301’’; and
(C) by striking all that follows ‘‘a private
person,’’ and inserting ‘‘to withholding in ac-
cordance with State law pursuant to subsections
(a)(1) and (b) of section 466 and regulations of
the Secretary thereunder, and to any other legal
process brought, by a State agency administer-
ing a program under this part or by an individ-
ual obligee, to enforce the legal obligation of
such individual to provide child support or ali-
mony.’’.
(3) Section 459(b) (42 U.S.C. 659(b)) is
amended to read as follows:
‘‘(b) CONSENT TO REQUIREMENTS APPLICABLE TO
PRIVATE PERSON.— Except as otherwise provided herein,
each entity specified in subsection (a) shall be subject,
107
with respect to notice to withhold income pursuant to sub-
section (a)(1) or (b) of section 466, or to any other order
or process to enforce support obligations against an indi-
vidual (if such order or process contains or is accompanied
by sufficient data to permit prompt identification of the
individual and the moneys involved), to the same require-
ments as would apply if such entity were a private per-
son.’’.
(4) Section 459(c) (42 U.S.C. 659(c)) is redes-
ignated and relocated as paragraph (2) of subsection
(f), and is amended—
(A) by striking ‘‘responding to interrog-
atories pursuant to requirements imposed by
section 461(b)(3)’’ and inserting ‘‘taking ac-
tions necessary to comply with the requirements
of subsection (A) with regard to any individ-
ual’’; and
(B) by striking ‘‘any of his duties’’ and all
that follows and inserting ‘‘such duties.’’.
(5) Section 461 (42 U.S.C. 661) is amended by
striking subsection (b), and section 459 (42 U.S.C.
659) is amended by inserting after subsection (b)
(as added by paragraph (3) of this subsection) the
following:
108
‘‘(c) DESIGNATION OF AGENT; RESPONSE TO NOTICE
OR PROCESS.—(1) The head of each agency subject to the
requirements of this section shall—
‘‘(A) designate an agent or agents to receive or-
ders and accept service of process; and
‘‘(B) publish (i) in the appendix of such regula-
tions, (ii) in each subsequent republication of such
regulations, and (iii) annually in the Federal Reg-
ister, the designation of such agent or agents, identi-
fied by title of position, mailing address, and tele-
phone number.’’.
(6) Section 459 (42 U.S.C. 659) is amended by
striking subsection (d) and by inserting after sub-
section (c)(1) (as added by paragraph (5) of this
subsection) the following:
‘‘(2) Whenever an agent designated pursuant to para-
graph (1) receives notice pursuant to subsection (a)(1) or
(b) of section 466, or is effectively served with any order,
process, or interrogatories, with respect to an individual’s
child support or alimony payment obligations, such agent
shall—
‘‘(A) as soon as possible (but not later than fif-
teen days) thereafter, send written notice of such no-
tice or service (together with a copy thereof) to such
110
shall be governed by the provisions of such section
466(b) and regulations thereunder; and
‘‘(3) such moneys as remain after compliance
with subparagraphs (A) and (B) 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.’’.
(8) Section 459(e) (42 U.S.C. 659(e)) is
amended by striking ‘‘(e)’’ and inserting the follow-
ing:
‘‘(e) NO REQUIREMENT TO VARY PAY CYCLES.—’’.
(9) Section 459(f) (42 U.S.C. 659(f)) is amend-
ed by striking ‘‘(f)’’ and inserting the following:
‘‘(f) RELIEF FROM LIABILITY.—(1)’’.
(10) Section 461(a) (42 U.S.C. 661(a)) is re-
designated and relocated as section 459(g), and is
amended—
(A) by striking ‘‘(g)’’ and inserting the fol-
lowing:
‘‘(g) REGULATIONS.—’’; and
(B) by striking ‘‘section 459’’ and insert-
ing ‘‘this section’’.
111
(11) Section 462 (42 U.S.C. 662) is amended
by striking subsection (f), and section 459 (42
U.S.C. 659) is amended by inserting the following
after subsection (g) (as added by paragraph (10) of
this subsection):
‘‘(h) MONEYS SUBJECT TO PROCESS.—(1) Subject to
subsection (i), moneys paid or payable to an individual
which are considered to be based upon remuneration for
employment, for purposes of this section—
‘‘(A) consist of—
‘‘(i) compensation paid or payable for per-
sonal services of such individual, whether such
compensation is denominated as wages, salary,
commission, bonus, pay, allowances, or other-
wise (including severance pay, sick pay, and in-
centive pay);
‘‘(ii) periodic benefits (including a periodic
benefit as defined in section 228(h)(3)) or other
payments—
‘‘(I) under the insurance system es-
tablished by title II;
‘‘(II) under any other system or fund
established by the United States which
provides for the payment of pensions, re-
tirement or retired pay, annuities, depend-
112
ents’ or survivors’ benefits, or similar
amounts payable on account of personal
services performed by the individual or any
other individual;
‘‘(III) as compensation for death
under any Federal program;
‘‘(IV) under any Federal program es-
tablished to provide ‘black lung’ benefits;
or
‘‘(V) by the Secretary of Veterans Af-
fairs as pension, or as compensation for a
service-connected disability or death (ex-
cept any compensation paid by such Sec-
retary to a former member of the Armed
Forces who is in receipt of retired or re-
tainer pay if such former member has
waived a portion of his retired pay in order
to receive such compensation); and
‘‘(iii) worker’s compensation benefits paid
under Federal or State law; but
‘‘(B) do not include any payment—
‘‘(i) by way of reimbursement or otherwise,
to defray expenses incurred by such individual
in carrying out duties associated with his em-
ployment; or
113
‘‘(ii) as allowances for members of the uni-
formed 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 effi-
cient performance of duty.’’.
(12) Section 462(g) (42 U.S.C. 662(g)) is re-
designated and relocated as section 459(i) (42
U.S.C. 659(i)).
(13)(A) Section 462 (42 U.S.C. 662) is amend-
ed—
(i) in subsection (e)(1), by redesignating
subparagraphs (A), (B), and (C) as clauses (i),
(ii), and (iii); and
(ii) in subsection (e), by redesignating
paragraphs (1) and (2) as subparagraphs (A)
and (B).
(B) Section 459 (42 U.S.C. 659) is amended by
adding at the end the following:
‘‘(j) DEFINITIONS.—For purposes of this sec-
tion—’’.
(C) Subsections (a) through (e) of section 462
(42 U.S.C. 662), as amended by subparagraph (A)
of this paragraph, are relocated and redesignated as
paragraphs (1) through (4), respectively of section
114
459(j) (as added by subparagraph (B) of this para-
graph, (42 U.S.C. 659(j)), and the left margin of
each of such paragraphs (1) through (4) is indented
2 ems to the right of the left margin of subsection
(i) (as added by paragraph (12) of this subsection).
(b) CONFORMING AMENDMENTS.—
(1) TO PART D OF TITLE IV.—Sections 461 and
462 (42 U.S.C. 661), as amended by subsection (a)
of this section, are repealed.
(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 subpara-
graph (B);
(B) by striking the period at the end of sub-
paragraph (C) and inserting ‘‘; and’’; and
(C) by adding after subparagraph (C) the fol-
lowing new paragraph:
115
‘‘(D) any administrative or judicial tribu-
nal of a State competent to enter orders for
support or maintenance (including a State
agency administering a State program under
part D of title IV of the Social Security Act).’’;
(2) 
DEFINITION
OF
COURT
ORDER.—Section
1408(a)(2) of such title is amended by inserting ‘‘or a
court order for the payment of child support not included
in or accompanied by such a decree or settlement,’’ before
‘‘which—’’.
(3) PUBLIC PAYEE.—Section 1408(d) of such title is
amended—
(A) in the heading, by striking ‘‘to spouse’’ and
inserting ‘‘to (or for benefit of)’’; and
(B) in paragraph (1), in the first sentence, by
inserting ‘‘(or for the benefit of such spouse or
former spouse to a State central collections unit or
other public payee designated by a State, in accord-
ance with part D of title IV of the Social Security
Act, as directed by court order, or as otherwise di-
rected in accordance with such part D)’’ before ‘‘in
an amount sufficient’’.
(4) RELATIONSHIP TO PART D OF TITLE IV.—Sec-
tion 1408 of such title is amended by adding at the end
the following new subsection:
116
‘‘(j) RELATIONSHIP TO OTHER LAWS.—In any case
involving a child support order against 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 the
Social Security 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. 164. 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
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-
117
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
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
118
in the locator service available, on request, to the
Federal Parent Locator Service.
(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
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—
119
(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 462 of the
Social Security Act (42 U.S.C. 662).
(c) PAYMENT OF MILITARY RETIRED PAY IN COM-
PLIANCE WITH CHILD SUPPORT ORDERS.—
(1) DATE
OF
CERTIFICATION
OF
COURT
ORDER.—Section 1408 of title 10, United States
Code, is amended—
(A) by redesignating subsection (i) as sub-
section (j); and
(B) by inserting after subsection (h) the
following new subsection (i):
‘‘(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 or an order of an adminis-
120
trative process established under State law for child sup-
port received by the Secretary concerned for the purposes
of this section be recent in relation to the date of receipt
by the Secretary.’’.
(2) PAYMENTS
CONSISTENT
WITH
ASSIGN-
MENTS OF RIGHTS TO STATES.—Section 1408(d)(1)
of such title is amended by inserting after the first
sentence the following: ‘‘In the case of a spouse or
former spouse who, pursuant to section 402(a)(26)
of the Social Security Act (42 U.S.C. 602(26)), as-
signs 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 preceding sentence to that State in amounts con-
sistent with that assignment of rights.’’.
(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 or an order of an
administrative process established under State law 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 re-
tired pay of a member to satisy the amount of child sup-
121
port set forth in the order, the authority provided in para-
graph (1) to make payments from the disposable retired
pay of a member to satisy the amount of child support
set forth in a court order or an order of an administrative
process established under State law 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.’’.
SEC. 165. MOTOR VEHICLE LIENS.
Section 466(a)(4) (42 U.S.C. 666(a)(4)) is amend-
ed—
(1) by striking ‘‘(4) Procedures’’ and inserting
the following:
‘‘(4) LIENS.—
‘‘(A) IN GENERAL.—Procedures’’; and
(2) by adding at the end the following new sub-
paragraph:
‘‘(B) MOTOR VEHICLE LIENS.—Procedures
for placing liens for arrears of child support on
motor vehicle titles of individuals owing such
arrears equal to or exceeding two months of
support, under which—
‘‘(i) any person owed such arrears
may place such a lien;
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‘‘(15) FRAUDULENT
TRANSFERS.—Procedures
under which—
‘‘(A) the State has in effect—
‘‘(i) the Uniform Fraudulent Convey-
ance Act of 1981,
‘‘(ii) the Uniform Fraudulent Trans-
fer Act of 1984, or
‘‘(iii) 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 com-
parable rights to child support creditors;
and
‘‘(B) in any case in which the State knows
of a transfer by a child support debtor with re-
spect to which such a prima facie case is estab-
lished, the State must—
‘‘(i) seek to void such transfer; or
‘‘(ii) obtain a settlement in the best
interests of the child support creditor.’’.
SEC. 167. STATE LAW AUTHORIZING SUSPENSION OF LI-
CENSES.
Section 466(a) (42 U.S.C. 666(a)), as amended by
sections 101(a), 128(a), 131, and 166 of this Act, is
124
amended by adding at the end the following new para-
graph:
‘‘(16) AUTHORITY TO WITHHOLD OR SUSPEND
LICENSES.—Procedures under which the State has
(and uses in appropriate cases) authority (subject to
appropriate due process safeguards) 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 child
support or failing, after receiving appropriate notice,
to comply with subpoenas or warrants relating to
paternity or child support proceedings.’’.
SEC. 168. 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) Procedures (subject to safeguards pur-
suant to subparagraph (B)) requiring the State to
report periodically to consumer reporting agencies
(as defined in section 603(f) of the Fair Credit Re-
porting Act (15 U.S.C. 1681a(f)) the name of any
absent parent who is delinquent by 90 days or more
in the payment of support, and the amount of over-
due support owed by such parent.
125
‘‘(B) Procedures ensuring that, in carrying out
subparagraph (A), information with respect to an
absent parent is reported—
‘‘(i) only after such parent has been af-
forded 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 en-
tity is a consumer reporting agency.’’.
SEC. 169. EXTENDED STATUTE OF LIMITATION FOR COL-
LECTION OF ARREARAGES.
(a) AMENDMENTS.—Section 466(a)(9) (42 U.S.C.
666(a)(9)) is amended—
(1) by striking ‘‘(9) Procedures’’ and inserting
the following:
‘‘(9) LEGAL TREATMENT OF ARREARS.—
‘‘(A) FINALITY.—Procedures’’;
(2) by redesignating subparagraphs (A), (B),
and (C) as clauses (i), (ii), and (iii), respectively,
and by indenting each of such clauses 2 additional
ems to the right; and
126
(3) by adding after and below subparagraph
(A), as redesignated, the following new subpara-
graph:
‘‘(B) STATUTE
OF
LIMITATIONS.—Proce-
dures under which the statute of limitations on
any arrearages of child support extends at least
until the child owed such support is 30 years of
age.’’.
(b) APPLICATION OF REQUIREMENT.—The amend-
ment made by this section shall not be read to require
any State law to revive any payment obligation which had
lapsed prior to the effective date of such State law.
SEC. 170. CHARGES FOR ARREARAGES.
(a) STATE LAW REQUIREMENT.—Section 466(a) (42
U.S.C. 666(a)), as amended by sections 101(a), 128(a),
131, 166, and 167 of this Act, is amended by adding at
the end the following new paragraph:
‘‘(17) CHARGES
FOR
ARREARAGES.—Proce-
dures providing for the calculation and collection of
interest or penalties for arrearages of child support,
and for distribution of such interest or penalties col-
lected for the benefit of the child (except where the
right to support has been assigned to the State).’’.
(b) REGULATIONS.—The Secretary of Health and
Human Services shall establish by regulation a rule to re-
127
solve choice of law conflicts arising in the implementation
of the amendment made by subsection (a).
(c) CONFORMING AMENDMENT.—Section 454(21)
(42 U.S.C. 654(21)) is repealed.
(d) EFFECTIVE DATE.—The amendments made by
this section shall be effective with respect to arrearages
accruing on or after October 1, 1998.
SEC. 171. 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 sections
115(a)(3) and 117 of this Act, is amended by adding
at the end the following new subsection:
‘‘(l) CERTIFICATIONS FOR PURPOSES OF PASSPORT
RESTRICTIONS.—
‘‘(1) IN
GENERAL.—Where the Secretary re-
ceives a certification by a State agency in accord-
ance with the requirements of section 454(28) that
an individual owes arrearages of child support in an
amount exceeding $5,000 or in an amount exceeding
24 months’ worth of child support, 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
128
171(b) of the Child Support Responsibility Act of
1995.
‘‘(2) LIMIT ON LIABILITY.—The Secretary shall
not be liable to an individual for any action with re-
spect to a certification by a State agency under this
section.’’.
(2) STATE CSE AGENCY RESPONSIBILITY.—Sec-
tion 454 (42 U.S.C. 654), as amended by sections
104(a), 114(b), and 122(a) of this Act, is amend-
ed—
(A) by striking ‘‘and’’ at the end of para-
graph (26);
(B) by striking the period at the end of
paragraph (27) and inserting ‘‘; and’’; and
(C) by adding after paragraph (27) the fol-
lowing new paragraph:
‘‘(28) provide that the State agency will have in
effect a procedure (which may be combined with the
procedure for tax refund offset under section 464)
for certifying to the Secretary, for purposes of the
procedure under section 452(l) (concerning denial of
passports) determinations that individuals owe ar-
rearages of child support in an amount exceeding
$5,000 or in an amount exceeding 24 months’ worth
of child support, under which procedure—
129
‘‘(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.’’.
(b) STATE DEPARTMENT PROCEDURE FOR DENIAL
OF PASSPORTS.—
(1) IN
GENERAL.—The Secretary of State,
upon certification by the Secretary of Health and
Human Services, in accordance with section 452(l)
of the Social Security Act, that an individual owes
arrearages of child support in excess of $5,000, shall
refuse to issue a passport to such individual, and
may revoke, restrict, or limit a passport issued pre-
viously 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.
130
SEC. 172. INTERNATIONAL CHILD SUPPORT ENFORCE-
MENT.
(a) SENSE OF THE CONGRESS THAT THE UNITED
STATES SHOULD RATIFY THE UNITED NATIONS CON-
VENTION OF 1956.—It is the sense of the Congress that
the United States should ratify the United Nations Con-
vention of 1956.
(b) TREATMENT OF INTERNATIONAL CHILD SUP-
PORT CASES AS INTERSTATE CASES.—Section 454 (42
U.S.C. 654), as amended by sections 104(a), 114(b),
122(a), and 171(a)(2) of this Act, is amended—
(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:
‘‘(29) provide that the State must treat inter-
national child support cases in the same manner as
the State treats interstate child support cases.’’.
Subtitle H—Medical Support
SEC. 181. TECHNICAL 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—
131
(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
issued by an administrative adjudicator and has
the force and effect 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, 1996.—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
first plan year beginning on or after January 1,
1996, if—
(A) during the period after the date before
the date of the enactment of this Act and be-
fore such first plan year, the plan is operated
132
in accordance with the requirements of the
amendments 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 first plan year.
A plan shall not be treated as failing to be operated
in accordance with the provisions of the plan merely
because it operates in accordance with this para-
graph.
Subtitle I—Effect of Enactment
SEC. 191. EFFECTIVE DATES.
(a) IN GENERAL.—Except as otherwise specifically
provided (but subject to subsections (b) and (c))—
(1) provisions of this title requiring enactment
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 effective with
respect to periods beginning on and after October 1,
1996; and
(2) all other provisions of this title shall become
effective upon enactment.
(b) GRACE PERIOD FOR STATE LAW CHANGES.—The
provisions of this title shall become effective with respect
to a State on the later of—
133
(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 first day of the first cal-
endar quarter beginning after the close of the first regular
session of the State legislature that begins after the date
of enactment of this Act. For purposes of the previous
sentence, in the case of a State that has a 2-year legisla-
tive 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 it is
unable to comply without amending the State constitution
until the earlier of—
(1) the date one year after the effective date of
the necessary State constitutional amendment, or
(2) the date five years after enactment of this
title.
SEC. 192. SEVERABILITY.
If any provision of this title or the application thereof
to any person or circumstance is held invalid, the invalid-
ity shall not affect other provisions or applications of this
title which can be given effect without regard to the invalid
134
provision or application, and to this end the provisions of
this title shall be severable.
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