800
Title IX, Subtitle D
(D) by redesignating subparagraph (B) as
subparagraph (C); and
(E) by inserting after subparagraph (A)
the following new subparagraph:
‘‘(B) wage and unemployment compensa-
tion information contained in the records of
such agency shall be furnished to the Secretary
of Health and Human Services (in accordance
with regulations promulgated by such Sec-
retary) as necessary for the purposes of the di-
rectory of New Hires established under section
453(i) of the Social Security Act, and’’.
(3) TO STATE GRANT PROGRAM UNDER TITLE
III OF THE SOCIAL SECURITY ACT.—Section 303(a)
(42 U.S.C. 503(a)) is amended—
(A) by striking ‘‘and’’ at the end of para-
graph (8);
(B) by striking the period at the end of
paragraph (9) and inserting ‘‘; and’’; and
(C) by adding after paragraph (9) the fol-
lowing new paragraph:
‘‘(10) The making of quarterly electronic re-
ports, at such dates, in such format, and containing
such information, as required by the Secretary of
Health and Human Services under section 453(i)(3),
801
Title IX, Subtitle D
and compliance with such provisions as such Sec-
retary may find necessary to ensure the correctness
and verification of such reports.’’.
SEC. 9426. USE OF SOCIAL SECURITY NUMBERS.
(a) STATE LAW REQUIREMENT.—Section 466(a) (42
U.S.C. 666(a)), as amended by section 9401(a) of this
Act, is amended by inserting after paragraph (12) the fol-
lowing:
‘‘(13) 
SOCIAL
SECURITY
NUMBERS
RE-
QUIRED.—Procedures requiring the recording of so-
cial security numbers—
‘‘(A) of both parties on marriage licenses
and divorce decrees; and
‘‘(B) of both parents, on birth records and
child support and paternity orders.’’.
(b) CLARIFICATION OF FEDERAL POLICY.—Section
205(c)(2)(C)(ii) (42 U.S.C. 405(c)(2)(C)(ii)) is amended
by striking the third sentence and inserting ‘‘This clause
shall not be considered to authorize disclosure of such
numbers except as provided in the preceding sentence.’’.
802
Title IX, Subtitle D
CHAPTER 4—STREAMLINING AND
UNIFORMITY OF PROCEDURES
SEC. 9431. ADOPTION OF UNIFORM STATE LAWS.
Section 466(a) (42 U.S.C. 666(a)), as amended by
sections 9401(a) and 9426(a) of this Act, is amended in-
serting after paragraph (13) the following:
‘‘(14) INTERSTATE ENFORCEMENT.—(A) ADOP-
TION OF UIFSA.—Procedures under which the State
adopts in its entirety (with the modifications and ad-
ditions specified in this paragraph) not later than
January 1, 1997, and uses on and after such date,
the Uniform Interstate Family Support Act, as ap-
proved by the National Conference of Commissioners
on Uniform State Laws in August, 1992.
‘‘(B) EXPANDED APPLICATION OF UIFSA.—The
State law adopted pursuant to subparagraph (A)
shall be applied to any case—
‘‘(i) involving an order established or modi-
fied in one State and for which a subsequent
modification is sought in another State; or
‘‘(ii) in which interstate activity is required
to enforce an order.
‘‘(C) JURISDICTION TO MODIFY ORDERS.—The
State law adopted pursuant to subparagraph (A) of
this paragraph shall contain the following provision
803
Title IX, Subtitle D
in lieu of section 611(a)(1) of the Uniform Inter-
state Family Support Act described in such subpara-
graph (A):
‘‘ ‘(1) the following requirements are met:
‘‘ ‘(i) the child, the individual obligee, and
the obligor—
‘‘ ‘(I) do not reside in the issuing
State; and
‘‘ ‘(II) either reside in this State or
are subject to the jurisdiction of this State
pursuant to section 201; and
‘‘ ‘(ii) (in any case where another State is
exercising or seeks to exercise jurisdiction to
modify the order) the conditions of section 204
are met to the same extent as required for pro-
ceedings to establish orders; or’.
‘‘(D) SERVICE
OF
PROCESS.—The State law
adopted pursuant to subparagraph (A) shall recog-
nize as valid, for purposes of any proceeding subject
to such State law, service of process upon persons
in the State (and proof of such service) by any
means acceptable in another State which is the initi-
ating or responding State in such proceeding.
‘‘(E) 
COOPERATION
BY
EMPLOYERS.—The
State law adopted pursuant to subparagraph (A)
804
Title IX, Subtitle D
shall provide for the use of procedures (including
sanctions for noncompliance) under which all entities
in the State (including for-profit, nonprofit, and gov-
ernmental employers) are required to provide
promptly, in response to a request by the State
agency of that or any other State administering a
program under this part, information on the employ-
ment, compensation, and benefits of any individual
employed by such entity as an employee or contrac-
tor.’’.
SEC. 9432. IMPROVEMENTS TO FULL FAITH AND CREDIT
FOR CHILD SUPPORT ORDERS.
Section 1738B of title 28, United States Code, is
amended—
(1) in subsection (a)(2), by striking ‘‘subsection
(e)’’ and inserting ‘‘subsections (e), (f), and (i)’’;
(2) in subsection (b), by inserting after the 2nd
undesignated paragraph the following:
‘‘ ‘child’s home State’ means the State in which
a child lived with a parent or a person acting as par-
ent for at least six consecutive months immediately
preceding the time of filing of a petition or com-
parable pleading for support and, if a child is less
than six months old, the State in which the child
lived from birth with any of them. A period of tem-
805
Title IX, Subtitle D
porary absence of any of them is counted as part of
the six-month period.’’;
(3) in subsection (c), by inserting ‘‘by a court
of a State’’ before ‘‘is made’’;
(4) in subsection (c)(1), by inserting ‘‘and sub-
sections (e), (f), and (g)’’ after ‘‘located’’;
(5) in subsection (d)—
(A) by inserting ‘‘individual’’ before ‘‘con-
testant’’; and
(B) by striking ‘‘subsection (e)’’ and in-
serting ‘‘subsections (e) and (f)’’;
(6) in subsection (e), by striking ‘‘make a modi-
fication of a child support order with respect to a
child that is made’’ and inserting ‘‘modify a child
support order issued’’;
(7) in subsection (e)(1), by inserting ‘‘pursuant
to subsection (i)’’ before the semicolon;
(8) in subsection (e)(2)—
(A) by inserting ‘‘individual’’ before ‘‘con-
testant’’ each place such term appears; and
(B) by striking ‘‘to that court’s making the
modification and assuming’’ and inserting ‘‘with
the State of continuing, exclusive jurisdiction
for a court of another State to modify the order
and assume’’;
806
Title IX, Subtitle D
(9) by redesignating subsections (f) and (g) as
subsections (g) and (h), respectively;
(10) by inserting after subsection (e) the follow-
ing:
‘‘(f) RECOGNITION OF CHILD SUPPORT ORDERS.—
If one or more child support orders have been issued in
this or another State with regard to an obligor and a child,
a court shall apply the following rules in determining
which order to recognize for purposes of continuing, exclu-
sive jurisdiction and enforcement:
‘‘(1) If only one court has issued a child sup-
port order, the order of that court must be recog-
nized.
‘‘(2) If two or more courts have issued child
support orders for the same obligor and child, and
only one of the courts would have continuing, exclu-
sive jurisdiction under this section, the order of that
court must be recognized.
‘‘(3) If two or more courts have issued child
support orders for the same obligor and child, and
only one of the courts would have continuing, exclu-
sive jurisdiction under this section, an order issued
by a court in the current home State of the child
must be recognized, but if an order has not been is-
807
Title IX, Subtitle D
sued in the current home State of the child, the
order most recently issued must be recognized.
‘‘(4) If two or more courts have issued child
support orders for the same obligor and child, and
none of the courts would have continuing, exclusive
jurisdiction under this section, a court may issue a
child support order, which must be recognized.
‘‘(5) The court that has issued an order recog-
nized under this subsection is the court having con-
tinuing, exclusive jurisdiction.’’;
(11) in subsection (g) (as so redesignated)—
(A) by striking ‘‘PRIOR’’ and inserting
‘‘MODIFIED’’; and
(B) by striking ‘‘subsection (e)’’ and in-
serting ‘‘subsections (e) and (f)’’;
(12) in subsection (h) (as so redesignated)—
(A) in paragraph (2), by inserting ‘‘includ-
ing the duration of current payments and other
obligations of support’’ before the comma; and
(B) in paragraph (3), by inserting ‘‘arrears
under’’ after ‘‘enforce’’; and
(13) by adding at the end the following:
‘‘(i) REGISTRATION FOR MODIFICATION.—If there is
no individual contestant or child residing in the issuing
State, the party or support enforcement agency seeking
808
Title IX, Subtitle D
to modify, or to modify and enforce, a child support order
issued in another State shall register that order in a State
with jurisdiction over the nonmovant for the purpose of
modification.’’.
SEC. 9433. STATE LAWS PROVIDING EXPEDITED PROCE-
DURES.
(a) STATE LAW REQUIREMENTS.—Section 466 (42
U.S.C. 666) is amended—
(1) in subsection (a)(2), in the first sentence, to
read as follows: ‘‘Expedited administrative and judi-
cial procedures (including the procedures specified in
subsection (c)) for establishing paternity and for es-
tablishing, modifying, and enforcing support obliga-
tions.’’; and
(2) by adding after subsection (b) the following
new subsection:
‘‘(c) EXPEDITED
PROCEDURES.—The procedures
specified in this subsection are the following:
‘‘(1) ADMINISTRATIVE ACTION BY STATE AGEN-
CY.—Procedures which give the State agency the au-
thority (and recognize and enforce the authority of
State agencies of other States), without the necessity
of obtaining an order from any other judicial or ad-
ministrative tribunal (but subject to due process
safeguards, including (as appropriate) requirements
809
Title IX, Subtitle D
for notice, opportunity to contest the action, and op-
portunity for an appeal on the record to an inde-
pendent administrative or judicial tribunal), to take
the following actions relating to establishment or en-
forcement of orders:
‘‘(A) GENETIC TESTING.—To order genetic
testing for the purpose of paternity establish-
ment as provided in section 466(a)(5).
‘‘(B) DEFAULT ORDERS.—To enter a de-
fault order, upon a showing of service of proc-
ess and any additional showing required by
State law—
‘‘(i) establishing paternity, in the case
of any putative father who refuses to sub-
mit to genetic testing; and
‘‘(ii) establishing or modifying a sup-
port obligation, in the case of a parent (or
other obligor or obligee) who fails to re-
spond to notice to appear at a proceeding
for such purpose.
‘‘(C) SUBPOENAS.—To subpoena any fi-
nancial or other information needed to estab-
lish, modify, or enforce an order, and to sanc-
tion failure to respond to any such subpoena.
810
Title IX, Subtitle D
‘‘(D) ACCESS TO PERSONAL AND FINAN-
CIAL INFORMATION.—To obtain access, subject
to safeguards on privacy and information secu-
rity, to the following records (including auto-
mated access, in the case of records maintained
in automated data bases):
‘‘(i) records of other State and local
government agencies, including—
‘‘(I) vital statistics (including
records of marriage, birth, and di-
vorce);
‘‘(II) State and local tax and rev-
enue records (including information
on residence address, employer, in-
come and assets);
‘‘(III) records concerning real
and titled personal property;
‘‘(IV) records of occupational and
professional licenses, and records con-
cerning the ownership and control of
corporations, partnerships, and other
business entities;
‘‘(V) 
employment 
security
records;
811
Title IX, Subtitle D
‘‘(VI) records of agencies admin-
istering public assistance programs;
‘‘(VII) records of the motor vehi-
cle department; and
‘‘(VIII) corrections records; and
‘‘(ii) certain records held by private
entities, including—
‘‘(I) customer records of public
utilities and cable television compa-
nies; and
‘‘(II) information (including in-
formation on assets and liabilities) on
individuals who owe or are owed sup-
port (or against or with respect to
whom a support obligation is sought)
held by financial institutions (subject
to limitations on liability of such enti-
ties arising from affording such ac-
cess).
‘‘(E) INCOME
WITHHOLDING.—To order
income withholding in accordance with sub-
section (a)(1) and (b) of section 466.
‘‘(F) CHANGE IN PAYEE.—(In cases where
support is subject to an assignment under sec-
tion 403(b)(1)(E)(i), 471(a)(17), or 1912, or to
812
Title IX, Subtitle D
a requirement to pay through the centralized
collections unit under section 454B) upon pro-
viding notice to obligor and obligee, to direct
the obligor or other payor to change the payee
to the appropriate government entity.
‘‘(G) SECURE ASSETS TO SATISFY ARREAR-
AGES.—For the purpose of securing overdue
support—
‘‘(i) to intercept and seize any peri-
odic or lump-sum payment to the obligor
by or through a State or local government
agency, including—
‘‘(I) 
unemployment 
compensa-
tion, 
workers’ 
compensation, 
and
other benefits;
‘‘(II) judgments and settlements
in cases under the jurisdiction of the
State or local government; and
‘‘(III) lottery winnings;
‘‘(ii) to attach and seize assets of the
obligor held by financial institutions;
‘‘(iii) to attach public and private re-
tirement funds in appropriate cases, as de-
termined by the Secretary; and
813
Title IX, Subtitle D
‘‘(iv) to impose liens in accordance
with paragraph (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-
ments to include amounts for arrearages (sub-
ject to such conditions or restrictions as the
State may provide).
‘‘(I) 
SUSPENSION
OF
DRIVERS’ 
LI-
CENSES.—To suspend drivers’ licenses of indi-
viduals owing past-due support, in accordance
with subsection (a)(16).
‘‘(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) the parties to any paternity or
child support proceedings are required
814
Title IX, Subtitle D
(subject to privacy safeguards) to file with
the tribunal before entry of an order, and
to update as appropriate, information on
location and identity (including Social Se-
curity number, residential and mailing ad-
dresses, telephone number, driver’s license
number, and name, address, and telephone
number of employer); and
‘‘(ii) in any subsequent child support
enforcement action between the same par-
ties, the tribunal shall be authorized, upon
sufficient showing that diligent effort has
been made to ascertain such party’s cur-
rent location, to deem due process require-
ments for notice and service of process to
be met, with respect to such party, by de-
livery to the most recent residential or em-
ployer address so filed 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-
815
Title IX, Subtitle D
ties, and orders issued in such cases have
statewide effect; and
‘‘(ii) (in the case of a State in which
orders in such cases are issued by local ju-
risdictions) a case may be transferred be-
tween jurisdictions in the State without
need for any additional filing by the peti-
tioner, or service of process upon the re-
spondent, to retain jurisdiction over the
parties.’’.
(c) EXCEPTIONS
FROM
STATE
LAW
REQUIRE-
MENTS.—Section 466(d) (42 U.S.C. 666(d)) is amend-
ed—
(1) by striking ‘‘(d) If’’ and inserting the fol-
lowing:
‘‘(d) EXEMPTIONS FROM REQUIREMENTS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2),
if’’; and
(2) by adding at the end the following new
paragraph:
‘‘(2) NONEXEMPT
REQUIREMENTS.—The Sec-
retary shall not grant an exemption from the re-
quirements of—
‘‘(A) subsection (a)(5) (concerning proce-
dures for paternity establishment);
816
Title IX, Subtitle D
‘‘(B) subsection (a)(10) (concerning modi-
fication of orders);
‘‘(C) subsection (a)(12) (concerning re-
cording of orders in the central State case reg-
istry);
‘‘(D) subsection (a)(13) (concerning re-
cording of Social Security numbers);
‘‘(E) subsection (a)(14) (concerning inter-
state enforcement); or
‘‘(F) subsection (c) (concerning expedited
procedures), other than paragraph (1)(A) there-
of (concerning establishment or modification of
support amount).’’.
(d) AUTOMATION OF STATE AGENCY FUNCTIONS.—
Section 454A, as added by section 9415(a)(2) of this Act
and as amended by sections 9421 and 9422(c) of this Act,
is amended by adding at the end the following new sub-
section:
‘‘(h) EXPEDITED ADMINISTRATIVE PROCEDURES.—
The automated system required under this section shall
be used, to the maximum extent feasible, to implement any
expedited administrative procedures required under sec-
tion 466(c).’’.
817
Title IX, Subtitle D
CHAPTER 5—PATERNITY ESTABLISHMENT
SEC. 9441. SENSE OF THE CONGRESS.
It is the sense of the Congress that social services
should be provided in hospitals to women who have become
pregnant as a result of rape or incest.
SEC. 9442. AVAILABILITY OF PARENTING SOCIAL SERVICES
FOR NEW FATHERS.
Section 466(a) (42 U.S.C. 666(a)), as amended by
sections 9401(a), 9426(a), and 9431 of this Act, is amend-
ed by inserting after paragraph (14) the following:
‘‘(15) Procedures for providing new fathers
with positive parenting counseling that stresses the
importance of paying child support in a timely man-
ner, in accordance with regulations prescribed by the
Secretary.’’.
SEC. 9443. COOPERATION REQUIREMENT AND GOOD CAUSE
EXCEPTION.
(a) IN GENERAL.—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 inserting after paragraph (24) the fol-
lowing:
818
Title IX, Subtitle D
‘‘(25) provide that the State agency administer-
ing the plan under this part—
‘‘(A) will make the determination specified
under paragraph (4), as to whether an individ-
ual is cooperating with efforts to establish pa-
ternity and secure support (or has good cause
not to cooperate with such efforts) for purposes
of the requirements of sections 403(b)(1)(E)(i)
and 1912;
‘‘(B) will advise individuals, both orally
and in writing, of the grounds for good cause
exceptions to the requirement to cooperate with
such efforts;
‘‘(C) will take the best interests of the
child into consideration in making the deter-
mination whether such individual has good
cause not to cooperate with such efforts;
‘‘(D)(i) will make the initial determination
as to whether an individual is cooperating (or
has good cause not to cooperate) with efforts to
establish paternity within 10 days after such in-
dividual is referred to such State agency by the
State agency administering the program under
part A of title XIX;
819
Title IX, Subtitle D
‘‘(ii) will make redeterminations as to co-
operation or good cause at appropriate inter-
vals; and
‘‘(iii) will promptly notify the individual,
and the State agencies administering such pro-
grams, of each such determination and redeter-
mination;
‘‘(E) with respect to any child born on or
after the date 10 months after enactment of
this provision, will not determine (or redeter-
mine) the mother (or other custodial relative) of
such child to be cooperating with efforts to es-
tablish paternity unless such individual fur-
nishes—
‘‘(i) the name of the putative father
(or fathers); and
‘‘(ii) sufficient additional information
to enable the State agency, if reasonable
efforts were made, to verify the identity of
the person named as the putative father
(including such information as the putative
father’s present address, telephone num-
ber, date of birth, past or present place of
employment, school previously or currently
attended, and names and addresses of par-
820
Title IX, Subtitle D
ents, friends, or relatives able to provide
location information, or other information
that could enable service of process on
such person), and
‘‘(F)(i) (where a custodial parent who was
initially determined not to be cooperating (or to
have good cause not to cooperate) is later deter-
mined to be cooperating or to have good cause
not to cooperate) will immediately notify the
State agencies administering the programs
under part A of title XIX that this eligibility
condition has been met; and
‘‘(ii) (where a custodial parent was initially
determined to be cooperating (or to have good
cause not to cooperate)) will not later determine
such individual not to be cooperating (or not to
have good cause not to cooperate) until such in-
dividual has been afforded an opportunity for a
hearing.’’.
(b) MEDICAID AMENDMENTS.—Section 1912(a) (42
U.S.C. 1396k(a)) is amended—
(1) in paragraph (1)(B), by inserting ‘‘(except
as provided in paragraph (2))’’ after ‘‘to cooperate
with the State’’;
821
Title IX, Subtitle D
(2) in subparagraphs (B) and (C) of paragraph
(1) by striking ‘‘, unless’’ and all that follows and
inserting a semicolon; and
(3) by redesignating paragraph (2) as para-
graph (5), and inserting after paragraph (1) the fol-
lowing new paragraphs:
‘‘(2) provide that the State agency will imme-
diately refer each applicant or recipient requiring
paternity establishment services to the State agency
administering the program under part D of title IV;
‘‘(3) provide that an individual will not be re-
quired to cooperate with the State, as provided
under paragraph (1), if the individual is found to
have good cause for refusing to cooperate, as deter-
mined in accordance with standards prescribed by
the Secretary, which standards shall take into con-
sideration the best interests of the individuals in-
volved—
‘‘(A) to the satisfaction of the State agency
administering the program under part D, as de-
termined in accordance with section 454(25),
with respect to the requirements to cooperate
with efforts to establish paternity and to obtain
support (including medical support) from a par-
ent; and
822
Title IX, Subtitle D
‘‘(B) to the satisfaction of the State agen-
cy administering the program under this title,
with respect to other requirements to cooperate
under paragraph (1);
‘‘(4) provide that (except as provided in para-
graph (5)) an applicant requiring paternity estab-
lishment services (other than an individual presump-
tively eligible pursuant to section 1920) shall not be
eligible for medical assistance under this title until
such applicant—
‘‘(i) has furnished to the agency admin-
istering the State plan under part D of title IV
the information specified in section 454(25)(E);
or
‘‘(ii) has been determined by such agency
to have good cause not to cooperate; and
‘‘(5) provide that the provisions of paragraph
(4) shall not apply with respect to an applicant—
‘‘(i) if such agency has not, within 10 days
after such individual was referred to such agen-
cy, provided the notification required by section
454(25)(D)(iii), until such notification is re-
ceived); and
‘‘(ii) if such individual appeals a deter-
mination that the individual lacks good cause
823
Title IX, Subtitle D
for noncooperation, until after such determina-
tion is affirmed after notice and opportunity for
a hearing.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall be effective with respect to applications
filed in or after the first calendar quarter beginning 10
months or more after the date of the enactment of this
Act (or such earlier quarter as the State may select) for
assistance under a State plan approved under part A of
title IV of the Social Security Act or for medical assistance
under a State plan approved under title XIX of such Act.
SEC. 9444. FEDERAL MATCHING PAYMENTS.
(a) INCREASED BASE MATCHING RATE.—Section
455(a)(2) (42 U.S.C. 655(a)(2)) is amended to read as
follows:
‘‘(2) The applicable percent for a quarter for
purposes of paragraph (1)(A) is—
‘‘(A) for fiscal year 1996, 69 percent;
‘‘(B) for fiscal year 1997, 72 percent; and
‘‘(C) for fiscal year 1998 and succeeding
fiscal years, 75 percent.’’.
(b) MAINTENANCE OF EFFORT.—Section 455 (42
U.S.C. 655) is amended—
824
Title IX, Subtitle D
(1) in subsection (a)(1), in the matter preced-
ing subparagraph (A), by striking ‘‘From’’ and in-
serting ‘‘Subject to subsection (c), from’’; and
(2) by inserting after subsection (b) the follow-
ing:
‘‘(c) MAINTENANCE OF EFFORT.—Notwithstanding
subsection (a), total expenditures for the State program
under this part for fiscal year 1996 and each succeeding
fiscal year, reduced by the percentage specified for such
fiscal year under subparagraph (A), (B), or (C)(i) of para-
graph (2), shall not be less than such total expenditures
for fiscal year 1995, reduced by 66 percent.’’.
SEC. 9445. STATE LAWS CONCERNING PATERNITY ESTAB-
LISHMENT.
(a) STATE LAWS REQUIRED.—Section 466(a)(5) (42
U.S.C. 666(a)(5)) is amended—
(1) by striking ‘‘(5)’’ and inserting the follow-
ing:
‘‘(5) PROCEDURES CONCERNING PATERNITY ES-
TABLISHMENT.—’’;
(2) in subparagraph (A)—
(A) by striking ‘‘(A)(i)’’ and inserting the
following:
825
Title IX, Subtitle D
‘‘(A) ESTABLISHMENT
PROCESS
AVAIL-
ABLE
FROM
BIRTH
UNTIL
AGE
EIGHTEEN.—
(i)’’; and
(B) by indenting clauses (i) and (ii) so
that the left margin of such clauses is 2 ems to
the right of the left margin of paragraph (4);
(3) in subparagraph (B)—
(A) by striking ‘‘(B)’’ and inserting the
following:
‘‘(B) PROCEDURES CONCERNING GENETIC
TESTING.—(i)’’;
(B) in clause (i), as redesignated, by in-
serting before the period ‘‘, where such request
is supported by a sworn statement (I) by such
party alleging paternity setting forth facts es-
tablishing a reasonable possibility of the req-
uisite sexual contact of the parties, or (II) by
such party denying paternity setting forth facts
establishing a reasonable possibility of the
nonexistence of sexual contact of the parties;’’;
(C) by inserting after and below clause (i)
(as redesignated) the following new clause:
‘‘(ii) Procedures which require the State
agency, in any case in which such agency orders
genetic testing—
826
Title IX, Subtitle D
‘‘(I) to pay costs of such tests, subject
to recoupment (where the State so elects)
from the putative father if paternity is es-
tablished; and
‘‘(II) to obtain additional testing in
any case where an original test result is
disputed, upon request and advance pay-
ment by the disputing party.’’;
(4) by striking subparagraphs (C) and (D) and
inserting the following:
‘‘(C) PATERNITY ACKNOWLEDGMENT.—(i)
Procedures 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 putative father and the mother
must be given notice, orally, in writing, and in
a language that each can understand, of the al-
ternatives to, the legal consequences of, and the
rights (including, if 1 parent is a minor, any
rights afforded due to minority status) and re-
sponsibilities that arise from, signing the ac-
knowledgment.
‘‘(ii) Such procedures must include a hos-
pital-based program for the voluntary acknowl-
827
Title IX, Subtitle D
edgment of paternity focusing on the period im-
mediately before or after the birth of a child.
‘‘(iii) Such procedures must require the
State agency responsible for maintaining birth
records to offer voluntary paternity establish-
ment services.
‘‘(iv) The Secretary shall prescribe regula-
tions governing voluntary paternity establish-
ment services offered by hospitals and birth
record agencies. The Secretary shall prescribe
regulations specifying the types of other entities
that may offer voluntary paternity establish-
ment services, and governing the provision of
such services, which shall include a requirement
that such an entity must use the same notice
provisions used by, the same materials used by,
provide the personnel providing such services
with the same training provided by, and evalu-
ate the provision of such services in the same
manner as, voluntary paternity establishment
programs of hospitals and birth record agen-
cies.
‘‘(v) Such procedures must require the
State and those required to establish paternity
to use only the affidavit developed under section
828
Title IX, Subtitle D
452(a)(7) for the voluntary acknowledgment of
paternity, and to give full faith and credit to
such an affidavit signed in any other State.
‘‘(D) STATUS OF SIGNED PATERNITY AC-
KNOWLEDGMENT.—(i) Procedures under which
a signed acknowledgment of paternity is consid-
ered a legal finding of paternity, subject to the
right of any signatory to rescind the acknowl-
edgment within 60 days.
‘‘(ii)(I) Procedures under which, after the
60-day period referred to in clause (i), a signed
acknowledgment 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.
‘‘(II) Procedures under which, after the
60-day period referred to in clause (i), a minor
who signs an acknowledgment of paternity
other than in the presence of a parent or court-
appointed guardian ad litem may rescind the
829
Title IX, Subtitle D
acknowledgment in a judicial or administrative
proceeding, until the earlier of—
‘‘(aa) attaining the age of majority; or
‘‘(bb) the date of the first judicial or
administrative proceeding brought (after
the signing) to establish a child support
obligation, visitation rights, or custody
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
830
Title IX, Subtitle D
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:
831
Title IX, Subtitle D
‘‘(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
832
Title IX, Subtitle D
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. 9446. 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-
833
Title IX, Subtitle D
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—
834
Title IX, Subtitle D
‘‘(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.
835
Title IX, Subtitle D
CHAPTER 6—ESTABLISHMENT AND
MODIFICATION OF SUPPORT ORDERS
SEC. 9451. NATIONAL CHILD SUPPORT GUIDELINES COM-
MISSION.
(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;
836
Title IX, Subtitle D
(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
837
Title IX, Subtitle D
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. 9452. 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
838
Title IX, Subtitle D
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-
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
839
Title IX, Subtitle D
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
shall establish regulations for the enforcement
of such exchange of information.’’.
CHAPTER 7—ENFORCEMENT OF SUPPORT
ORDERS
SEC. 9461. 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 by striking
the 3rd sentence.
(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)—
(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
840
Title IX, Subtitle D
(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
403(b)(1)(E)(i) or 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)’’.
(2) Section 464(b) (42 U.S.C. 664(b)) is
amended—
(A) by striking ‘‘(b)(1)’’ and inserting ‘‘(b)
REGULATIONS.—’’; and
841
Title IX, Subtitle D
(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) EFFECTIVE DATE.—The amendments made by
this section shall become effective October 1, 1999.
SEC. 9462. 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-
842
Title IX, Subtitle D
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. 9463. AUTHORITY TO COLLECT SUPPORT FROM FED-
ERAL EMPLOYEES.
(a) CONSOLIDATION
AND STREAMLINING
OF AU-
THORITIES.—
(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
843
Title IX, Subtitle D
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,
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-
844
Title IX, Subtitle D
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:
‘‘(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:
845
Title IX, Subtitle D
‘‘(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
individual at his duty station or last-known home
address;
‘‘(B) within 30 days (or such longer period as
may be prescribed by applicable State law) after re-
ceipt of a notice pursuant to subsection (a)(1) or (b)
of section 466, comply with all applicable provisions
of such section 466; and
‘‘(C) within 30 days (or such longer period as
may be prescribed by applicable State law) after ef-
fective service of any other such order, process, or
interrogatories, respond thereto.’’.
(7) Section 461 (42 U.S.C. 661) is amended by
striking subsection (c), and section 459 (42 U.S.C.
659) is amended by inserting after subsection (c) (as
added by paragraph (5) and amended by paragraph
(6) of this subsection) the following:
846
Title IX, Subtitle D
‘‘(d) PRIORITY OF CLAIMS.—In the event that a gov-
ernmental entity receives notice or is served with process,
as provided in this section, concerning amounts owed by
an individual to more than one 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 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)’’.
848
Title IX, Subtitle D
‘‘(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-
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
849
Title IX, Subtitle D
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
‘‘(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
850
Title IX, Subtitle D
(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
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-
851
Title IX, Subtitle D
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:
‘‘(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
852
Title IX, Subtitle D
(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:
‘‘(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. 9464. 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
853
Title IX, Subtitle D
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-
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.
854
Title IX, Subtitle D
(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
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
855
Title IX, Subtitle D
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 462 of the
Social Security Act (42 U.S.C. 662).
(c) PAYMENT OF MILITARY RETIRED PAY IN COM-
PLIANCE WITH CHILD SUPPORT ORDERS.—
856
Title IX, Subtitle D
(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-
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
403(b)(1)(E)(i) 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
preceding sentence to that State in amounts consist-
ent with that assignment of rights.’’.
857
Title IX, Subtitle D
(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-
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. 9465. 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
858
Title IX, Subtitle D
(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;
‘‘(ii) the State agency administering
the program under this part shall system-
atically place such liens;
‘‘(iii) expedited methods are provided
for—
‘‘(I) ascertaining the amount of
arrears;
‘‘(II) affording the person owing
the arrears or other titleholder to con-
test the amount of arrears or to ob-
tain a release upon fulfilling the sup-
port obligation;
‘‘(iv) such a lien has precedence over
all other encumbrances on a vehicle title
other than a purchase money security in-
terest; and
859
Title IX, Subtitle D
‘‘(v) the individual or State agency
owed the arrears may execute on, seize,
and sell the property in accordance with
State law.’’.
SEC. 9466. VOIDING OF FRAUDULENT TRANSFERS.
Section 466(a) (42 U.S.C. 666(a)), as amended by
sections 9401(a), 9426(a), 9431, and 9442 of this Act,
is amended by inserting after paragraph (15) the follow-
ing:
‘‘(16) 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-
860
Title IX, Subtitle D
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. 9467. STATE LAW AUTHORIZING SUSPENSION OF LI-
CENSES.
Section 466(a) (42 U.S.C. 666(a)), as amended by
sections 9401(a), 9426(a), 9431, 9442, and 9466 of this
Act, is amended by inserting after paragraph (16) the fol-
lowing:
‘‘(17) 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,
and professional and occupational licenses of individ-
uals owing overdue child support or failing, after re-
ceiving appropriate notice, to comply with subpoenas
or warrants relating to paternity or child support
proceedings.’’.
SEC. 9468. REPORTING ARREARAGES TO CREDIT BUREAUS.
Section 466(a)(7) (42 U.S.C. 666(a)(7)) is amended
to read as follows:
861
Title IX, Subtitle D
‘‘(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.
‘‘(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. 9469. EXTENDED STATUTE OF LIMITATION FOR COL-
LECTION OF ARREARAGES.
(a) AMENDMENTS.—Section 466(a)(9) (42 U.S.C.
666(a)(9)) is amended—
862
Title IX, Subtitle D
(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
(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. 9470. CHARGES FOR ARREARAGES.
(a) STATE LAW REQUIREMENT.—Section 466(a) (42
U.S.C. 666(a)), as amended by sections 9401(a), 9426(a),
9431, 9442, 9466, and 9467 of this Act, is amended by
inserting after paragraph (17) the following:
863
Title IX, Subtitle D
‘‘(18) 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-
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. 9471. 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
9415(a)(3) and 9417 of this Act, is amended by
adding at the end the following new subsection:
‘‘(l) CERTIFICATIONS FOR PURPOSES OF PASSPORT
RESTRICTIONS.—
864
Title IX, Subtitle D
‘‘(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
9471(b) of the Omnibus Budget Reconciliation 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
9404(a), 9414(b), and 9422(a) of this Act, is
amended—
(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:
865
Title IX, Subtitle D
‘‘(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—
‘‘(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
866
Title IX, Subtitle D
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.
SEC. 9472. 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 9404(a), 9414(b),
9422(a), and 9471(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
867
Title IX, Subtitle D
(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.’’.
SEC. 9473. SEIZURE OF LOTTERY WINNINGS, SETTLEMENTS,
PAYOUTS, AWARDS, AND BEQUESTS, AND
SALE OF FORFEITED PROPERTY, TO PAY
CHILD SUPPORT ARREARAGES.
Section 466(a) (42 U.S.C. 666(a)), as amended by
sections 9401(a), 9426(a), 9431, 9442, 9466, 9467, and
9470(a) of this Act, is amended by inserting after para-
graph (18) the following:
‘‘(19) Procedures, in addition to other income
withholding procedures, under which a lien is im-
posed against property with the following effect:
‘‘(A) The person required to make a pay-
ment under a policy of insurance or a settle-
ment of a claim made with respect to the policy
shall—
‘‘(i) suspend the payment until an in-
quiry is made to and a response received
from the agency as to whether the person
otherwise entitled to the payment owes a
child support arrearage; and
868
Title IX, Subtitle D
‘‘(ii) if there is such an arrearage,
withhold from the payment the lesser of
the amount of the payment or the amount
of the arrearage, and pay the amount with-
held to the agency for distribution.
‘‘(B) The payor of any amount pursuant to
an award, judgment, or settlement in any ac-
tion brought in Federal or State court shall—
‘‘(i) suspend the payment of the
amount until an inquiry is made to and a
response is received from the agency as to
whether the person otherwise entitled to
the payment owes a child support arrear-
age; and
‘‘(ii) if there is such an arrearage,
withhold from the payment the lesser of
the amount of the payment or the amount
of the arrearage, and pay the amount with-
held to the agency for distribution.
‘‘(C) If the State seizes property forfeited
to the State by an individual by reason of a
criminal conviction, the State shall—
‘‘(i) hold the property until an inquiry
is made to and a response is received from
869
Title IX, Subtitle D
the agency as to whether the individual
owes a child support arrearage; and
‘‘(ii) if there is such an arrearage, sell
the property and, after satisfying the
claims of all other private or public claim-
ants to the property and deducting from
the proceeds of the sale the attendant costs
(such as for towing, storage, and the sale),
pay the lesser of the remaining proceeds or
the amount of the arrearage directly to the
agency for distribution.
‘‘(D) Any person required to make a pay-
ment in respect of a decedent shall—
‘‘(i) suspend the payment until an in-
quiry is made to and a response received
from the agency as to whether the person
otherwise entitled to the payment owes a
child support arrearage; and
‘‘(ii) if there is such an arrearage,
withhold from the payment the lesser of
the amount of the payment or the amount
of the arrearage, and pay the amount with-
held to the agency for distribution.’’.
870
Title IX, Subtitle D
SEC. 9474. LIABILITY OF GRANDPARENTS FOR FINANCIAL
SUPPORT OF CHILDREN OF THEIR MINOR
CHILDREN.
Section 466(a) (42 U.S.C. 666(a)), as amended by
sections 9401(a), 9426(a), 9431, 9442, 9466, 9467,
9470(a), and 9473 of this Act, is amended by inserting
after paragraph (19) the following:
‘‘(20) Procedures under which each parent of
an individual who has not attained 18 years of age
is liable for the financial support of any child of the
individual to the extent that the individual is unable
to provide such support. The preceding sentence
shall not apply to the State if the State plan explic-
itly provides for such inapplicability.’’.
SEC. 9475. SENSE OF THE CONGRESS REGARDING PRO-
GRAMS FOR NONCUSTODIAL PARENTS UN-
ABLE TO MEET CHILD SUPPORT OBLIGA-
TIONS.
It is the sense of the Congress that the States should
develop programs, such as the program of the State of
Wisconsin known as the ‘‘Children’s First Program’’, that
are designed to work with noncustodial parents who are
unable to meet their child support obligations.
871
Title IX, Subtitle D
CHAPTER 8—MEDICAL SUPPORT
SEC. 9481. 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—
(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
872
Title IX, Subtitle D
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
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.
CHAPTER 9—FOOD STAMP PROGRAM
REQUIREMENTS
SEC. 9491. COOPERATION WITH CHILD SUPPORT AGENCIES.
Section 6 of the Food Stamp Act of 1977 (7 U.S.C.
2015) is amended adding at the end the following:
‘‘(i) CUSTODIAL
PARENT’S
COOPERATION
WITH
CHILD SUPPORT AGENCIES.—
‘‘(1) IN GENERAL.—At the option of a State
agency, subject to paragraphs (2) and (3), no natu-
ral or adoptive parent or other individual (collec-
873
Title IX, Subtitle D
tively referred to in this subsection as ‘the individ-
ual’) who is living with and exercising parental con-
trol over a child under the age of 18 who has an ab-
sent parent shall be eligible to participate in the food
stamp program unless the individual cooperates with
the State agency administering the program estab-
lished under part D of title IV of the Social Security
Act (42 U.S.C. 651 et seq.)—
‘‘(A) in establishing the paternity of the
child (if the child is born out of wedlock); and
‘‘(B) in obtaining support for—
‘‘(i) the child; or
‘‘(ii) the individual and the child.
‘‘(2) GOOD
CAUSE
FOR
NONCOOPERATION.—
Paragraph (1) shall not apply to the individual if
good cause is found for refusing to cooperate, as de-
termined by the State agency in accordance with
standards prescribed by the Secretary in consulta-
tion with the Secretary of Health and Human Serv-
ices. The standards shall take into consideration cir-
cumstances under which cooperation may be against
the best interests of the child.
‘‘(3) FEES.—Paragraph (1) shall not require
the payment of a fee or other cost for services pro-
874
Title IX, Subtitle D
vided under part D of title IV of the Social Security
Act (42 U.S.C. 651 et seq.).
‘‘(j) NON-CUSTODIAL PARENT’S COOPERATION WITH
CHILD SUPPORT AGENCIES.—
‘‘(1) IN GENERAL.—At the option of a State
agency, subject to paragraphs (2) and (3), a puta-
tive or identified non-custodial parent of a child
under the age of 18 (referred to in this subsection
as ‘the individual’) shall not be eligible to participate
in the food stamp program if the individual refuses
to cooperate with the State agency administering the
program established under part D of title IV of the
Social Security Act (42 U.S.C. 651 et seq.)—
‘‘(A) in establishing the paternity of the
child (if the child is born out of wedlock); and
‘‘(B) in providing support for the child.
‘‘(2) REFUSAL TO COOPERATE.—
‘‘(A) GUIDELINES.—The Secretary, in con-
sultation with the Secretary of Health and
Human Services, shall develop guidelines on
what constitutes a refusal to cooperate under
paragraph (1).
‘‘(B) PROCEDURES.—The State agency
shall develop procedures, using guidelines devel-
oped under subparagraph (A), for determining
875
Title IX, Subtitle D
whether an individual is refusing to cooperate
under paragraph (1).
‘‘(3) FEES.—Paragraph (1) shall not require
the payment of a fee or other cost for services pro-
vided under part D of title IV of the Social Security
Act (42 U.S.C. 651 et seq.).
‘‘(4) PRIVACY.—The State agency shall provide
safeguards to restrict the use of information col-
lected by a State agency administering the program
established under part D of title IV of the Social Se-
curity Act (42 U.S.C. 651 et seq.) to purposes for
which the information is collected.’’.
SEC. 9492. DISQUALIFICATION FOR CHILD SUPPORT AR-
REARS.
Section 6 of the Food Stamp Act of 1977 (7 U.S.C.
2015), as amended by section 9491 of this Act, is amend-
ed by adding at the end the following:
‘‘(k) DISQUALIFICATION FOR CHILD SUPPORT AR-
REARS.—
‘‘(1) IN GENERAL.—At the option of a State
agency, except as provided in paragraph (2), no indi-
vidual shall be eligible to participate in the food
stamp program as a member of any household dur-
ing any month that the individual is delinquent in
876
Title IX, Subtitle D
any payment due under a court order for the sup-
port of a child of the individual.
‘‘(2) EXCEPTIONS.—Paragraph (1) shall not
apply if—
‘‘(A) a court is allowing the individual to
delay payment; or
‘‘(B) the individual is complying with a
payment plan approved by a court or the State
agency designated under part D of title IV of
the Social Security Act (42 U.S.C. 651 et seq.)
to provide support for the child of the individ-
ual.’’.
CHAPTER 10—EFFECT OF ENACTMENT
SEC. 9498. 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.
877
Title IX, Subtitle D
(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 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. 9499. SEVERABILITY.
If any provision of this title or the application thereof
to any person or circumstance is held invalid, the invalid-
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Title IX, Subtitle E
ity shall not affect other provisions or applications of this
title which can be given effect without regard to the invalid
provision or application, and to this end the provisions of
this title shall be severable.
Subtitle E—Teen Pregnancy And
Family Stability
SEC. 9501. STATE OPTION TO DENY TEMPORARY EMPLOY-
MENT ASSISTANCE FOR ADDITIONAL CHIL-
DREN.
(a) IN GENERAL.—Section 402(d)(1), as added by
section 9101(a) of this Act, is amended—
(1) by striking ‘‘(1) DETERMINATION
OF
NEED.—’’ and inserting the following:
‘‘(1) DETERMINATION OF NEED.—
‘‘(A) IN GENERAL.—’’; and
(2) by adding at the end the following:
‘‘(B) OPTIONAL
DENIAL
OF
ASSISTANCE
TO
FAMILIES
HAVING
ADDITIONAL
CHILDREN
WHILE RECEIVING ASSISTANCE.—At the option
of the State, the State plan may provide that—
‘‘(i)(I) a child shall not be considered
a needy child if the child is born (other
than as a result of rape or incest) to a
member of a family—
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Title IX, Subtitle E
‘‘(aa) while the family was a re-
cipient of assistance under the State
plan; or
‘‘(bb) during the 6-month period
ending with the date the family ap-
plied for such assistance; and
‘‘(II) if the value of assistance to a
family under the State plan approved
under this part is reduced by reason of
subclause (I), each member of the family
shall be considered to be receiving such as-
sistance for purposes of eligibility for medi-
cal assistance under the State plan ap-
proved under title XIX for so long as as-
sistance to the family under the State plan
approved under this part would otherwise
not be so reduced; and
‘‘(ii) if the State exercises the option,
the State may provide the family with
vouchers, in amounts not exceeding the
amount of any such reduction in assist-
ance, that may be used only to pay for
particular goods and services specified by
the State as suitable for the care of the
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Title IX, Subtitle E
child of the parent (such as diapers, cloth-
ing, or school supplies).’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) of this section shall take effect in the same
manner as the amendment made by section 9101(a) takes
effect.
SEC. 9502. SUPERVISED LIVING ARRANGEMENTS FOR MI-
NORS.
(a) IN GENERAL.—Section 402(c), as added by sec-
tion 9101(a) of this Act, is amended by adding at the end
the following:
‘‘(8) SUPERVISED LIVING ARRANGEMENTS FOR
MINORS.—The State plan shall provide that—
‘‘(A) except as provided in subparagraph
(B), in the case of any individual who is under
age 18 and has never married, and who has a
needy child in his or her care (or is pregnant
and is eligible for temporary employment assist-
ance under the State plan)—
‘‘(i) such individual may receive such
assistance for the individual and such child
(or for herself in the case of a pregnant
woman) only if such individual and child
(or such pregnant woman) reside in a
place of residence maintained by a parent,
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Title IX, Subtitle E
legal guardian, or other adult relative of
such individual as such parent’s, guard-
ian’s, or adult relative’s own home; and
‘‘(ii) such assistance (where possible)
shall be provided to the parent, legal
guardian, or other adult relative on behalf
of such individual and child; and
‘‘(B)(i) in the case of an individual de-
scribed in clause (ii)—
‘‘(I) the State agency shall assist such
individual in locating an appropriate adult-
supervised supportive living arrangement
taking into consideration the needs and
concerns of the individual, unless the State
agency determines that the individual’s
current living arrangement is appropriate,
and thereafter shall require that the indi-
vidual (and child, if any) reside in such liv-
ing arrangement as a condition of the con-
tinued receipt of assistance under the plan
(or in an alternative appropriate arrange-
ment, should circumstances change and the
current arrangement cease to be appro-
priate), or
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Title IX, Subtitle E
‘‘(II) if the State agency is unable,
after making diligent efforts, to locate any
such appropriate living arrangement, the
State agency shall provide for comprehen-
sive case management, monitoring, and
other social services consistent with the
best interests of the individual (and child)
while living independently (as determined
by the State agency); and
‘‘(ii) for purposes of clause (i), an individ-
ual is described in this clause if—
‘‘(I) such individual has no parent or
legal guardian of his or her own who is liv-
ing and whose whereabouts are known;
‘‘(II) no living parent or legal guard-
ian of such individual allows the individual
to live in the home of such parent or
guardian;
‘‘(III) the State agency determines
that the physical or emotional health of
such individual or any needy child of the
individual would be jeopardized if such in-
dividual and such needy child lived in the
same residence with such individual’s own
parent or legal guardian; or