‘‘(B) the aggregate amount paid under
such obligation for all months before such
month.
‘‘(2) CROSS REFERENCE.—
‘‘For agreements to pay tax in installments, see
section 6159.
‘‘(f) APPLICABLE CHILD SUPPORT OBLIGATION.—
For purposes of this section, the term ‘applicable child
support obligation’ means a legal obligation to provide
child support (as defined in section 462(b) of the Social
Security Act), except that such term shall not include any
such obligation for any period during which section
466(a)(12) of the Social Security Act (42 U.S.C.
666(a)(12)) does not apply to the child support order with
respect thereto until the order is registered.’’
(b) WITHHELD CHILD SUPPORT TO BE SHOWN ON
W–2.—Subsection (a) of section 6051 of such Code is
amended by striking ‘‘and’’ at the end of paragraph (8),
by striking the period at the end of paragraph (9) and
inserting ‘‘, and’’, and by inserting after paragraph (9)
the following new paragraph:
‘‘(10) the total amount deducted and withheld
as a child support obligation under section 3411.’’
(c) APPLICATION OF ESTIMATED TAX PENALTY.—
(1) Subsection (f) of section 6654 of such Code
(relating to failure by individual to pay estimated in-
come tax) is amended by striking ‘‘minus’’ at the
end of paragraph (2) and inserting ‘‘plus’’, by redes-
ignating paragraph (3) as paragraph (4), and by in-
serting after paragraph (2) the following new para-
graph:
‘‘(3) the aggregate applicable child support obli-
gation (as defined in section 7524(a)) of the tax-
payer for months ending with or within the taxable
year, minus’’.
(2) Paragraph (1) of section 6654(d) of such
Code is amended by adding at the end the following
new subparagraph:
‘‘(D) DETERMINATION OF REQUIRED AN-
NUAL PAYMENT FOR TAXPAYERS REQUIRED TO
PAY CHILD SUPPORT.—In the case of a tax-
payer who is required under section 7524 to
pay an applicable child support obligation (as
defined in section 7524) for any month ending
with or within the taxable year, the required
annual payment shall be the sum of—
‘‘(i) the amount determined under
subparagraph (B) without regard to sub-
section (f)(3), plus
‘‘(ii) the aggregate amount of such
obligation for all months ending with or
within the taxable year.’’
(3) CREDIT FOR WITHHELD AMOUNTS, ETC.—
Subsection (g) of section 6654 of such Code is
amended by adding at the end the following new
paragraph:
‘‘(3) CHILD SUPPORT.—For purposes of apply-
ing this section, the sum of—
‘‘(A) amounts deducted and withheld
under section 3411, and
‘‘(B) amounts paid under subsections (a)
and (b) of section 7524,
shall be deemed to be a payment of the amount de-
scribed in subsection (f)(3) on the date such
amounts were actually withheld or paid, as the case
may be.’’
(d) CLERICAL AMENDMENT.—The table of sections
for chapter 77 of such Code is amended by adding at the
end thereof the following new item:
‘‘Sec. 7524. Collection of child support.’’
SEC. 304. DISTRIBUTION OF PORTION OF CHILD SUPPORT
COLLECTED.
(a) IN GENERAL.—The Secretary of the Treasury
shall pay to the appropriate payee the sum of the following
amounts which are received by the Secretary on account
of a child support obligation payable to such payee:
(1) The amounts deducted and withheld under
section 3411 of the Internal Revenue Code of 1986.
(2) The amounts paid under section 6654 of
such Code (relating to estimated tax payments) by
reason of subsection (f)(3) thereof.
(3) The amounts paid under section 7524 of
such Code (relating to collection of child support).
(b) APPROPRIATE PAYEE.—As used in this section,
the term ‘‘appropriate payee’’ means, with respect to a
child support obligation—
(1) the person to whom the obligation is owed;
or
(2) if such person has assigned to a State the
right to collect the obligation, the State.
(c) INTEREST PAYABLE
ON LATE PAYMENTS
BY
SECRETARY.—If, within 10 days after the Secretary of the
Treasury receives an amount referred to in a paragraph
of subsection (a), the Secretary fails to pay any cor-
responding amount required to be paid under subsection
(a), the Secretary shall pay, in addition to the amount re-
quired to be paid, to the appropriate payee interest at the
underpayment rate (determined under section 6621 of
such Code, and compounded daily) on such amount for
the period beginning on such date and ending on the date
paid.
(d) COORDINATION WITH RULES GOVERNING DIS-
TRIBUTION
OF
CHILD
SUPPORT
COLLECTED
BY
A
STATE.—Section 457 of the Social Security Act (42
U.S.C. 657) is amended by adding at the end the follow-
ing:
‘‘(e) For purposes of this section, amounts received
by a State from the Secretary of the Treasury pursuant
to section 304(a) of the Working Off Welfare Act of 1994
shall be considered amounts collected by the State as child
support pursuant to a plan approved under this part.’’.
SEC. 305. OUTREACH AND ACCESSIBILITY.
(a) UNIFORM APPLICATION
FOR CHILD SUPPORT
SERVICES.—
(1) REQUIREMENT THAT STATES USE FEDERAL
APPLICATION FORM.—Section 454(6)(A) of the So-
cial Security Act (42 U.S.C. 654(6)(A)) is amended
by inserting ‘‘(which shall be made on the service
application 
form 
developed 
under 
section
452(a)(7))’’ after ‘‘State’’.
(2) DUTY TO DEVELOP APPLICATION FORM.—
Section 452(a)(7) of such Act (42 U.S.C. 652(a)(7))
is amended by inserting ‘‘, and develop a form to be
used to apply for services established under State
plans under this part’’ before the semicolon.
(b) OUTREACH.—
(1) STATE PLAN REQUIREMENT.—Section 454
of such Act (42 U.S.C. 654) is amended—
(A) in paragraph (23), by striking ‘‘and’’
after the semicolon;
(B) in paragraph (24), by striking the pe-
riod and inserting ‘‘; and’’; and
(C) by inserting after paragraph (24) the
following:
‘‘(25) provide for the establishment and conduct
of an ongoing program of outreach to persons eligi-
ble for services under the plan, in accordance with
regulations issued under section 452(a)(11).’’.
(2) REGULATIONS.—Section 452(a) of such Act
(42 U.S.C. 652(a)) is amended—
(A) in paragraph (9), by striking ‘‘and’’
after the semicolon;
(B) in paragraph (10), by striking the 2nd
period and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(11) issue such regulations as are necessary to
ensure that State agencies—
‘‘(A) develop and implement a plan for
serving underserved populations;
‘‘(B) use appropriate personnel and print-
ed material for use by persons who do not
speak English or whose hearing is impaired;
and
‘‘(C) work in cooperation with other Fed-
eral, State, and local government agencies and
private nonprofit organizations which serve low-
income families to publicize the availability of
such services and coordinate the delivery of
such services.’’.
SEC. 306. COMMISSION ON CHILD SUPPORT GUIDELINES.
(a) ESTABLISHMENT
OF COMMISSION.—There is
hereby established a Commission to be known as the Com-
mission on Child Support Guidelines (in this section re-
ferred to as the ‘‘Commission’’) to be composed of 15
members appointed in accordance with subsection (b)(1).
(b) MEMBERSHIP.—
(1) APPOINTMENT.—
(A) APPOINTING
AUTHORITIES.—Subject
to subparagraph (B), the members of the Com-
mission shall be appointed as follows:
(i) 4 members shall be appointed
jointly by the majority and minority lead-
ers of the Senate, in consultation with the
chairman and ranking minority member of
the Committee on Finance of the Senate.
(ii) 4 members shall be appointed
jointly by the Speaker and the minority
leader of the House of Representatives, in
consultation with the chairman and rank-
ing minority member of the Committee on
Ways and Means of the House of Rep-
resentatives.
(iii) 7 members shall be appointed by
the Secretary of Health and Human Serv-
ices.
(B) BALANCED
REPRESENTATION.—The
persons with authority to make appointments
under subparagraph (A) shall, individually and
collectively, ensure that the composition of the
membership of the Commission reflects a bal-
anced representation of ethnic groups, groups
of various economic status, economists, persons
familiar with the cost of raising children, custo-
dial and noncustodial parents, judges and hear-
ing officers familiar with the use of guidelines,
and persons who have experience with the wel-
fare system.
(2) TERM OF OFFICE.—Members of the Com-
mission shall serve for the life of the Commission.
(3) VACANCIES.—A vacancy on the Commission
shall be filled in the manner in which the original
appointment was made and shall not affect the pow-
ers or duties of the Commission.
(4) TRANSACTION OF BUSINESS.—A majority of
the members of the Commission shall constitute a
quorum for the transaction of business. Decisions of
the Commission shall be according to the vote of a
simple majority of those present and voting at a
properly called meeting.
(5) FIRST MEETING.—As promptly as possible
after all of the members of the Commission are ap-
pointed, the Secretary of Health and Human Serv-
ices shall call the first meeting of the Commission.
(6) CHAIRPERSON.—At the first Commission
meeting, the members of the Commission shall select
a Chairperson from among such members and shall
meet thereafter at the call of the Chairperson or of
a majority of the members.
(c) COMPENSATION OF COMMISSION MEMBERS.—
(1) NO PAY.—Members of the Commission shall
serve as such without pay.
(2) TRAVEL EXPENSES AND PER DIEM.—Mem-
bers of the Commission shall be allowed travel ex-
penses, including a per diem allowance in lieu of
subsistence, in the same manner as persons serving
intermittently in the government service are allowed
travel expenses under section 5703 of title 5, United
States Code.
(d) REPORT TO THE CONGRESS ON RECOMMENDED
NATIONAL CHILD SUPPORT GUIDELINES.—The Commis-
sion shall submit to the Congress a report that contains
recommendations for national child support guidelines
that should be followed by State courts and administrative
bodies in setting the amount of child support awards. In
developing such guidelines, the Commission shall consider
the best interests of the child.
(e) POWERS OF THE COMMISSION.—
(1) MAILS.—The Commission may use the
United States mails in the same manner and upon
the same conditions as other departments and agen-
cies of the United States Government.
(2) GIFTS.—The Commission may accept, use,
and dispose of donations of money and property, and
may accept such volunteer services of individuals as
it deems appropriate.
(3) CONTRACT AUTHORITY.—The Commission
may procure supplies, services, and property, may
make contracts, and may procure temporary and
intermittent services under section 3109(b) of title
5, United States Code, but only to the extent and
in such amounts as are provided in appropriation
Acts.
(4) RULES OF PROCEDURE.—For purposes of
carrying out its duties under subsection (d), the
Commission may adopt such rules for its organiza-
tion and procedures as it deems appropriate.
(5) DIRECTOR AND STAFF.—
(A) DIRECTOR.—The Commission shall
have a Director who shall be appointed by the
Chairperson.
(B) STAFF.—The Director may appoint
and fix the pay of such additional personnel as
the Director considers appropriate.
(C) APPLICABILITY
OF
CERTAIN
CIVIL
SERVICE LAWS.—The Director and staff of the
Commission may be appointed without regard
to the provisions of title 5, United States Code,
governing appointments in the competitive serv-
ice, and may be paid without regard to the pro-
visions of chapter 51 and subchapter III of
chapter 53 of such title relating to classification
and General Schedule pay rates, except that an
individual so appointed may not be paid at a
rate in excess of the rate for level IV of the Ex-
ecutive Schedule.
(6) STAFF
OF
FEDERAL
AGENCIES.—On re-
quest of the Chairperson of the Commission, the
head of any Federal department or agency may de-
tail, on a reimbursable basis, any of the personnel
of such department or agency to the Commission to
assist the Commission in carrying out its duties
under this section without regard to section 3341 of
title 5, United States Code.
(f) EFFECTIVE DATE.—This section shall take effect
on the date of the enactment of this Act.
(g) TERMINATION OF THE COMMISSION.—
(1) TERMINATION
DATE.—The Commission
shall terminate on the earlier of—
(A) the date that the Commission submits
to the Congress the report required by sub-
section (d); or
(B) the date that is 2 years after the date
of the enactment of this section.
(2) DISPOSITION OF COMMISSION PROPERTY.—
(A) FUNDS.—Any funds held by the Com-
mission on the date of termination of the Com-
mission shall be deposited in the general fund
of the Treasury of the United States and cred-
ited as miscellaneous receipts.
(B) OTHER
PROPERTY.—Any property
(other than funds) held by the Commission on
such date shall be disposed of as excess or sur-
plus property.
SEC. 307. RESOURCES.
(a) DEADLINE FOR ISSUANCE OF STANDARDS FOR
STAFFING STATE CHILD SUPPORT PROGRAMS.—Within 1
year after the date of the enactment of this Act, the Sec-
retary of Health and Human Services shall establish the
staffing requirements required to be established under sec-
tion 452(a)(2) of the Social Security Act, including the
requirement that a State shall, to the extent practicable,
fill positions created in order to carry out the amendments
made by this title with personnel of the organizational unit
referred to in section 454(3) of such Act whose positions
are eliminated in order to carry out such amendments.
(b) INCENTIVE
FOR STATES
TO IMPROVE CHILD
SUPPORT PROGRAMS.—
(1) INCREASE IN FEDERAL MATCHING RATE.—
Section 455(a) of the Social Security Act (42 U.S.C.
655(a)) is amended—
(A) in paragraph (1)(A), by inserting ‘‘(or,
if applicable, paragraph (3))’’ after ‘‘paragraph
(2)’’; and
(B) by adding at the end the following:
‘‘(3)(A) Notwithstanding paragraph (2) of this sub-
section, the percent applicable to a State for a quarter
in a fiscal year for purposes of paragraph (1)(A) of this
subsection is 90 percent if the most recent review con-
ducted under section 452(a)(4), after the date of the en-
actment of this Act, of the State program operated under
this part confirms that—
‘‘(i) the paternity establishment percentage of
the State for the fiscal year immediately preceding
the fiscal year in which the quarter occurs equals or
exceeds the threshold percentage;
‘‘(ii) the State has met the standards included,
pursuant to subsections (h) and (i) of section 452,
in the standards required by section 452(a)(1), with
respect to at least the threshold percentage of the
cases in which services are provided under the State
plan under this part during the quarter; and
‘‘(iii) during the quarter, the State has com-
plied with a plan approved by the Secretary for the
State to meet the staffing requirements established
under section 452(a)(2).
‘‘(B) For purposes of subparagraph (A) of this para-
graph, the threshold percentage for a State with respect
to a quarter is the greater of—
‘‘(i) 80 percent; or
‘‘(ii) the lesser of—
‘‘(I) the threshold percentage for the State
with respect to the most recent quarter for
which the percent applicable to a State for pur-
poses of paragraph (1)(A) is 90 percent by rea-
son of subparagraph (A) of this paragraph, in-
creased by 2 percentage points; or
‘‘(II) 95 percent.’’.
(2) EFFECTIVE DATE.—The amendments made
by paragraph (1) shall apply to payments under part
D of title IV of the Social Security Act for quarters
beginning after the 1-year period that begins with
the date of the enactment of this Act.
(c) DIRECT ACCOUNTABILITY OF CHILD SUPPORT
PROGRAMS.—Section 403(h) of such Act (42 U.S.C.
603(h))—
(1) is amended—
(A) in paragraph (1)—
(i) by striking ‘‘part D’’ and inserting
‘‘this part’’; and
(ii) by striking ‘‘such part’’ and in-
serting ‘‘this part’’; and
(B) in paragraph (3), by striking ‘‘this
part’’ and inserting ‘‘part A’’; and
(2) as so amended, is hereby transferred to sec-
tion 455 of such Act, inserted after subsection (b)
of such section 455 and designated as subsection (c)
of such section 455.
(d) MAINTENANCE OF EFFORT.—
(1) STATE CHILD SUPPORT PROGRAMS.—Sec-
tion 455 of such Act (42 U.S.C. 655) is amended by
adding at the end the following:
‘‘(f) Notwithstanding any other provision of this sec-
tion, the amount otherwise payable to a State for a quar-
ter under this section shall be reduced to the extent that
the amount expended by the State to carry out the State
plan under this part during the most recently completed
fiscal year is less than the amount so expended during
the fiscal year that immediately precedes such most re-
cently completed fiscal year.’’.
(2) STATE AFDC PROGRAMS.—Section 403 of
such Act (42 U.S.C. 603) is amended by inserting
after subsection (b) the following:
‘‘(c) Notwithstanding any other provision of this sec-
tion, the amount otherwise payable to a State for a quar-
ter under this section shall be reduced to the extent that
the amount expended by the State to carry out the State
plan under this part during the most recently completed
fiscal year is less than the amount so expended during
the fiscal year that immediately precedes such most re-
cently completed fiscal year.’’.
(e) STREAMLINING OF CHILD SUPPORT AUDITS.—
The Secretary of Health and Human Services shall
streamline the process for conducting audits under section
452(a)(4) of the Social Security Act in such a way as to—
(1) reduce the burden on States with programs
that are complying substantially with the require-
ments of part D of title IV of such Act;
(2) enable the audit process to produce a timely
analysis of State programs that are not complying
substantially with such requirements; and
(3) enable the Secretary to shift staff resources
to technical assistance in order to help States im-
prove their programs under such part.
SEC. 308. PATERNITY ESTABLISHMENT PROCEDURES.
(a) IN GENERAL.—Section 466(a)(5)(C) of the Social
Security Act (42 U.S.C. 666(a)(5)(C)) is amended—
(1) by redesignating the 1st sentence as clause
(i)(I);
(2) by inserting after such clause the following:
‘‘(II) Such procedures must provide that any
such explanation to a mother include the following
information:
‘‘(aa) Signing a paternity acknowledgment
affidavit is voluntary.
‘‘(bb) Once paternity of a child is estab-
lished, the father of the child has the right to
seek custody of the child or visitation rights
with respect to the child.
‘‘(cc) Once paternity of a child is estab-
lished, the mother of the child has the right to
seek from the father of the child financial and
medical support for the child.
‘‘(dd) The effect that the courts of the
State will give to a signed paternity acknowl-
edgment affidavit.
‘‘(III) Such procedures must provide that any
such explanation to a possible father include the fol-
lowing information:
‘‘(aa) Signing a paternity acknowledgment
affidavit is voluntary.
‘‘(bb) Genetic testing is available and will
be provided upon request.
‘‘(cc) The policy of the State with respect
to payment for the cost of genetic testing.
‘‘(dd) Once paternity of a child is estab-
lished, the father of the child has the right to
seek custody of the child or visitation rights
with respect to the child.
‘‘(ee) Once paternity of a child is estab-
lished, the mother of the child has the right to
seek from the father of the child financial and
medical support for the child.
‘‘(ff) The effect that the courts of the
State will give to a signed paternity acknowl-
edgment affidavit.
‘‘(IV) Such procedures must provide that the
information required to be provided under subclause
(II) or (III) must be provided—
‘‘(aa) orally and in writing;
‘‘(bb) where appropriate, in the language
of the individual to whom the information is re-
quired to be provided; and
‘‘(cc) if the individual is blind or hearing-
impaired, in a manner accessible to the individ-
ual.’’;
(3) by indenting the 2nd sentence 2 ems and
redesignating such sentence as clause (ii); and
(4) by inserting after such clause (ii) the follow-
ing:
‘‘(iii) Such procedures must require the State
agency responsible for maintaining birth records to
offer voluntary paternity establishment services.
‘‘(iv) Such procedures must require the State to
use only the affidavit developed under section
452(a)(7) for the voluntary acknowledgment of pa-
ternity, and to give full faith and credit to such an
affidavit signed in any other State.
‘‘(v) The Secretary shall prescribe regulations
governing voluntary paternity establishment services
offered by entities other than hospitals, which shall
include a requirement that any State agency that
provides such services must use the same materials
used by, provide the personnel providing such serv-
ices with the same training provided by, and evalu-
ate the provision of such services in the same man-
ner as hospital-based voluntary paternity establish-
ment programs.’’.
(b) NATIONAL PATERNITY ACKNOWLEDGMENT AFFI-
DAVIT.—Section 452(a)(7) of such Act (42 U.S.C.
652(a)(7)), as amended by section 305(a)(2) of this Act,
is amended by inserting ‘‘, and develop an affidavit to be
used for the voluntary acknowledgment of paternity’’ be-
fore the semicolon.
(c) SIGNED PATERNITY ACKNOWLEDGMENT AFFIDA-
VIT CONCLUSIVELY PRESUMED TO ESTABLISH PATER-
NITY.—Section 466(a)(5)(D) of such Act (42 U.S.C.
666(a)(5)(D)) is amended—
(1) by inserting ‘‘(i)’’ after ‘‘(D)’’; and
(2) by adding at the end the following:
‘‘(ii)(I) Such procedures shall provide that the
written voluntary acknowledgment of the paternity
of a child shall, upon the expiration of the challenge
period, create a legal finding of paternity—
‘‘(aa) without any further action; or
‘‘(bb) at the option of the State, after a
court or administrative agency with which the
document containing the acknowledgment has
been filed within 5 business days after the expi-
ration of the challenge period issues an order
establishing such paternity.
‘‘(II) As used in subclause (I), the term ‘chal-
lenge period’ means, with respect to an acknowledg-
ment of paternity—
‘‘(aa) the 30-day period that begins on the
date of the acknowledgment; or
‘‘(bb) if the person who executed the ac-
knowledgment undergoes genetic testing within
30 days after the date of the acknowledgment,
the 30-day period that begins with the date the
person is notified of the results of the genetic
testing.’’.
SEC. 309. COORDINATION OF COLLECTION ACTIVITIES.
Section 452 of the Social Security Act (42 U.S.C.
652) is amended by adding at the end the following:
‘‘(j)(1) Not later than 1 year after the date of the
enactment of this subsection, the Secretary and the Sec-
retary of the Treasury shall jointly issue regulations gov-
erning the coordination of State activities in collecting
child support pursuant to State plans approved under this
part and the activities of the Secretary of the Treasury
in collecting child support under section 7524 of the Inter-
nal Revenue Code of 1986.
‘‘(2) The Secretary shall periodically report to the
Congress on any legislation needed to facilitate the coordi-
nation of such child support collection activities.’’.
100
SEC. 310. INCLUSION IN CONSUMER CREDIT REPORTS OF
INFORMATION ON OVERDUE CHILD SUPPORT
OBLIGATIONS OF THE CONSUMER.
(a) PROVISION TO CONSUMER REPORTING AGENCIES
OF INFORMATION ON OVERDUE CHILD SUPPORT OBLIGA-
TIONS OF ABSENT PARENTS.—Section 466(a)(7) of the
Social Security Act (42 U.S.C. 666(a)(7)) is amended—
(1) by striking ‘‘will’’ and inserting ‘‘shall’’;
(2) by striking ‘‘upon the request of such
agency’’; and
(3) by inserting ‘‘and’’ before ‘‘(B)’’; and
(4) by striking ‘‘, and (C)’’ and all that follows
through ‘‘State’’.
(b) OVERDUE SUPPORT DETERMINED WITHOUT RE-
GARD TO AGE OF CHILD.—Section 466(e) of such Act (42
U.S.C. 666(e)) is amended—
(1) by striking ‘‘minor’’ the 1st place such term
appears; and
(2) by striking all that follows the 1st sentence.
SEC. 311. EFFECTIVE DATE.
Except as otherwise provided in this title, this title
and the amendments made by this title shall take effect
on January 1, 1996, and shall apply to—
(1) child support orders issued or modified on
or after such date, and, beginning 3 years after such
101
date, to all orders whether issued before, on, or after
such date; and
(2) payments under part D of title IV of the
Social Security Act for quarters beginning on or
after such date.
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