336
‘‘(iii) include, with respect to each
child discharged from a hospital after birth
for whom paternity or child support has
not been established, reasonable follow-up
efforts (including at least one contact of
each parent whose whereabouts are known,
except where there is reason to believe
such follow-up efforts would put mother or
child at risk), providing—
‘‘(I) in the case of a child for
whom paternity has not been estab-
lished, information on the benefits of
and procedures for establishing pater-
nity; and
‘‘(II) in the case of a child for
whom paternity has been established
but child support has not been estab-
lished, information on the benefits of
and procedures for establishing a
child support order, and an applica-
tion for child support services;’’.
(b) 
ENHANCED
FEDERAL
MATCHING.—Section
455(a)(1)(C) (42 U.S.C. 655(a)(1)(C)) is amended—
(1) by inserting ‘‘(i)’’ before ‘‘laboratory costs’’,
and
337
(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.
CHAPTER 6—ESTABLISHMENT AND
MODIFICATION OF SUPPORT ORDERS
SEC. 41601. 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
338
by the Secretary of Health and Human Services
and the Congress, not later than January 15,
1997, of which—
(i) 2 shall be appointed by the Chair-
man of the Committee on Finance of the
Senate, and 1 shall be appointed by the
ranking minority member of the Commit-
tee;
(ii) 2 shall be appointed by the Chair-
man of the Committee on Ways and Means
of the House of Representatives, and 1
shall be appointed by the ranking minority
member of the Committee; and
(iii) 6 shall be appointed by the Sec-
retary of Health and Human Services.
(B) 
QUALIFICATIONS
OF
MEMBERS.—
Members of the Commission shall have exper-
tise and experience in the evaluation and devel-
opment of child support guidelines. At least 1
member shall represent advocacy groups for
custodial parents, at least 1 member shall rep-
resent advocacy groups for noncustodial par-
ents, and at least 1 member shall be the direc-
tor of a State program under part D of title IV
of the Social Security Act.
339
(2) TERMS OF OFFICE.—Each member shall be
appointed for a term of 2 years. A vacancy in the
Commission shall be filled in the manner in which
the original appointment was made.
(d) COMMISSION POWERS, COMPENSATION, ACCESS
TO INFORMATION, AND SUPERVISION.—The first sentence
of subparagraph (C), the first and third sentences of sub-
paragraph (D), subparagraph (F) (except with respect to
the conduct of medical studies), clauses (ii) and (iii) of
subparagraph (G), and subparagraph (H) of section
1886(e)(6) of the Social Security Act shall apply to the
Commission in the same manner in which such provisions
apply to the Prospective Payment Assessment Commis-
sion.
(e) REPORT.—Not later than 2 years after the ap-
pointment of members, the Commission shall submit to
the President, the Committee on Ways and Means of the
House of Representatives, and the Committee on Finance
of the Senate, a recommended national child support
guideline and a final assessment of issues relating to such
a proposed national child support guideline.
(f) TERMINATION.—The Commission shall terminate
6 months after the submission of the report described in
subsection (e).
340
SEC. 41602. SIMPLIFIED PROCESS FOR REVIEW AND AD-
JUSTMENT OF CHILD SUPPORT ORDERS.
(a) IN GENERAL.—Section 466(a)(10) (42 U.S.C.
666(a)(10)) is amended to read as follows:
‘‘(10) PROCEDURES
FOR
MODIFICATION
OF
SUPPORT ORDERS.—
‘‘(A)(i) Procedures under which—
‘‘(I) every 3 years, at the request of
either parent subject to a child support
order, the State shall review and, as appro-
priate, adjust the order in accordance with
the guidelines established under section
467(a) if the amount of the child support
award under the order differs from the
amount that would be awarded in accord-
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.
341
‘‘(ii) Such procedures shall require both
parents subject to a child support order to be
notified of their rights and responsibilities pro-
vided for under clause (i) at the time the order
is issued and in the annual information ex-
change form provided under subparagraph (B).
‘‘(B) Procedures under which each child
support order issued or modified in the State
after the effective date of this subparagraph
shall require the parents subject to the order to
provide each other with a complete statement of
their respective financial condition annually on
a form which shall be established by the Sec-
retary and provided by the State. The Secretary
shall establish regulations for the enforcement
of such exchange of information.’’.
CHAPTER 7—ENFORCEMENT OF SUPPORT
ORDERS
SEC. 41701. FEDERAL INCOME TAX REFUND OFFSET.
(a) CHANGED ORDER OF REFUND DISTRIBUTION
UNDER INTERNAL REVENUE CODE.—Section 6402(c) of
the Internal Revenue Code of 1986 is amended—
(1) by striking ‘‘The amount’’ and inserting
‘‘(1) IN GENERAL.—The amount’’;
342
(2) by striking ‘‘paid to the State. A reduction’’
and inserting ‘‘paid to the State.
‘‘(2) PRIORITIES FOR OFFSET.—A reduction’’;
(3) by striking ‘‘has been assigned’’ and insert-
ing ‘‘has not been assigned’’; and
(4) by striking ‘‘and shall be applied’’ and all
that follows and inserting ‘‘and shall thereafter be
applied to satisfy any past-due support that has
been so assigned.’’.
(b) ELIMINATION OF DISPARITIES IN TREATMENT
OF ASSIGNED
AND NON-ASSIGNED ARREARAGES.—(1)
Section 464(a) (42 U.S.C. 664(a)) is amended—
(A) by striking ‘‘(a)’’ and inserting ‘‘(a) OFF-
SET AUTHORIZED.—’’;
(B) in paragraph (1)—
(i) in the first sentence, by striking ‘‘which
has been assigned to such State pursuant to
section 402(a)(26) or section 471(a)(17)’’; and
(ii) in the second sentence, by striking ‘‘in
accordance with section 457 (b)(4) or (d)(3)’’
and inserting ‘‘as provided in paragraph (2)’’;
(C) in paragraph (2), to read as follows:
‘‘(2) The State agency shall distribute amounts
paid by the Secretary of the Treasury pursuant to
paragraph (1)—
343
‘‘(A) in accordance with section 457 (a)(4)
or (d)(3), in the case of past-due support as-
signed 
to 
a 
State 
pursuant 
to 
section
402(a)(26) or section 471(a)(17); and
‘‘(B) to or on behalf of the child to whom
the support was owed, in the case of past-due
support not so assigned.’’;
(D) in paragraph (3)—
(i) by striking ‘‘or (2)’’ each place it ap-
pears; and
(ii) in subparagraph (B), by striking
‘‘under paragraph (2)’’ and inserting ‘‘on ac-
count of past-due support described in para-
graph (2)(B)’’.
(2) Section 464(b) (42 U.S.C. 664(b)) is
amended—
(A) by striking ‘‘(b)(1)’’ and inserting ‘‘(b)
REGULATIONS.—’’; and
(B) by striking paragraph (2).
(3) Section 464(c) (42 U.S.C. 664(c)) is
amended—
(A) by striking ‘‘(c)(1) Except as provided
in paragraph (2), as’’ and inserting ‘‘(c) DEFI-
NITION.—As’’; and
(B) by striking paragraphs (2) and (3).
344
(c) TREATMENT
OF
LUMP-SUM
TAX
REFUND
UNDER AFDC.—
(1) EXEMPTION FROM LUMP-SUM RULE.—Sec-
tion 402(a)(17) (42 U.S.C. 602(a)(17)) is amended
by adding at the end the following: ‘‘but this para-
graph shall not apply to income received by a family
that is attributable to a child support obligation
owed with respect to a member of the family and
that is paid to the family from amounts withheld
from a Federal income tax refund otherwise payable
to the person owing such obligation, to the extent
that such income is placed in a qualified asset ac-
count (as defined in section 406(j)) the total
amounts in which, after such placement, does not
exceed $10,000;’’.
(2) QUALIFIED
ASSET
ACCOUNT
DEFINED.—
Section 406 (42 U.S.C. 606), as amended by section
41102(g)(2) of this subtitle, is amended by adding
at the end the following:
‘‘(j)(1) The term ‘qualified asset account’ means a
mechanism approved by the State (such as individual re-
tirement accounts, escrow accounts, or savings bonds) that
allows savings of a family receiving aid to families with
dependent children to be used for qualified distributions.
345
‘‘(2) The term ‘qualified distribution’ means a dis-
tribution from a qualified asset account for expenses di-
rectly related to 1 or more of the following purposes:
‘‘(A) The attendance of a member of the family
at any education or training program.
‘‘(B) The improvement of the employability (in-
cluding self-employment) of a member of the family
(such as through the purchase of an automobile).
‘‘(C) The purchase of a home for the family.
‘‘(D) A change of the family residence.’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall become effective October 1, 1999.
SEC. 41702. 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:
346
‘‘(5) no additional fee may be assessed for ad-
justments to an amount previously certified pursu-
ant to such section 452(b) with respect to the same
obligor.’’; and
(5) by striking ‘‘Secretary of Health, Edu-
cation, and Welfare’’ each place it appears and in-
serting ‘‘Secretary of Health and Human Services’’.
(b) EFFECTIVE DATE.—The amendments made by
this section shall become effective October 1, 1997.
SEC. 41703. 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-
347
cordance with State law pursuant to subsections
(a)(1) and (b) of section 466 and regulations of
the Secretary thereunder, and to any other legal
process brought, by a State agency administer-
ing a program under this part or by an individ-
ual obligee, to enforce the legal obligation of
such individual to provide child support or ali-
mony.’’.
(3) Section 459(b) (42 U.S.C. 659(b)) is
amended to read as follows:
‘‘(b) CONSENT TO REQUIREMENTS APPLICABLE TO
PRIVATE PERSON.— Except as otherwise provided herein,
each entity specified in subsection (a) shall be subject,
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—
348
(A) by striking ‘‘responding to interrog-
atories pursuant to requirements imposed by
section 461(b)(3)’’ and inserting ‘‘taking ac-
tions necessary to comply with the requirements
of subsection (A) with regard to any individ-
ual’’; and
(B) by striking ‘‘any of his duties’’ and all
that follows and inserting ‘‘such duties.’’.
(5) Section 461 (42 U.S.C. 661) is amended by
striking subsection (b), and section 459 (42 U.S.C.
659) is amended by inserting after subsection (b)
(as added by paragraph (3) of this subsection) the
following:
‘‘(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.’’.
349
(6) Section 459 (42 U.S.C. 659) is amended by
striking subsection (d) and by inserting after sub-
section (c)(1) (as added by paragraph (5) of this
subsection) the following:
‘‘(2) Whenever an agent designated pursuant to para-
graph (1) receives notice pursuant to subsection (a)(1) or
(b) of section 466, or is effectively served with any order,
process, or interrogatories, with respect to an individual’s
child support or alimony payment obligations, such agent
shall—
‘‘(A) as soon as possible (but not later than fif-
teen days) thereafter, send written notice of such no-
tice or service (together with a copy thereof) to such
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.’’.
350
(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:
‘‘(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.’’.
351
(8) Section 459(e) (42 U.S.C. 659(e)) is
amended by striking ‘‘(e)’’ and inserting the follow-
ing:
‘‘(e) NO REQUIREMENT TO VARY PAY CYCLES.—’’.
(9) Section 459(f) (42 U.S.C. 659(f)) is amend-
ed by striking ‘‘(f)’’ and inserting the following:
‘‘(f) RELIEF FROM LIABILITY.—(1)’’.
(10) Section 461(a) (42 U.S.C. 661(a)) is re-
designated and relocated as section 459(g), and is
amended—
(A) by striking ‘‘(g)’’ and inserting the fol-
lowing:
‘‘(g) REGULATIONS.—’’; and
(B) by striking ‘‘section 459’’ and insert-
ing ‘‘this section’’.
(11) Section 462 (42 U.S.C. 662) is amended
by striking subsection (f), and section 459 (42
U.S.C. 659) is amended by inserting the following
after subsection (g) (as added by paragraph (10) of
this subsection):
‘‘(h) MONEYS SUBJECT TO PROCESS.—(1) Subject to
subsection (i), moneys paid or payable to an individual
which are considered to be based upon remuneration for
employment, for purposes of this section—
‘‘(A) consist of—
352
‘‘(i) compensation paid or payable for per-
sonal services of such individual, whether such
compensation is denominated as wages, salary,
commission, bonus, pay, allowances, or other-
wise (including severance pay, sick pay, and in-
centive pay);
‘‘(ii) periodic benefits (including a periodic
benefit as defined in section 228(h)(3)) or other
payments—
‘‘(I) under the insurance system es-
tablished by title II;
‘‘(II) under any other system or fund
established by the United States which
provides for the payment of pensions, re-
tirement or retired pay, annuities, depend-
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
353
‘‘(V) by the Secretary of Veterans Af-
fairs as pension, or as compensation for a
service-connected disability or death (ex-
cept any compensation paid by such Sec-
retary to a former member of the Armed
Forces who is in receipt of retired or re-
tainer pay if such former member has
waived a portion of his retired pay in order
to receive such compensation); and
‘‘(iii) worker’s compensation benefits paid
under Federal or State law; but
‘‘(B) do not include any payment—
‘‘(i) by way of reimbursement or otherwise,
to defray expenses incurred by such individual
in carrying out duties associated with his em-
ployment; or
‘‘(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)).
354
(13)(A) Section 462 (42 U.S.C. 662) is amend-
ed—
(i) in subsection (e)(1), by redesignating
subparagraphs (A), (B), and (C) as clauses (i),
(ii), and (iii); and
(ii) in subsection (e), by redesignating
paragraphs (1) and (2) as subparagraphs (A)
and (B).
(B) Section 459 (42 U.S.C. 659) is amended by
adding at the end the following:
‘‘(j) DEFINITIONS.—For purposes of this section—
’’.
(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.
355
(2) TO TITLE 5, UNITED STATES CODE.—Sec-
tion 5520a of title 5, United States Code, is amend-
ed, in subsections (h)(2) and (i), by striking ‘‘sec-
tions 459, 461, and 462 of the Social Security Act
(42 U.S.C. 659, 661, and 662)’’ and inserting ‘‘sec-
tion 459 of the Social Security Act (42 U.S.C.
659)’’.
(c) MILITARY RETIRED AND RETAINER PAY.—(1)
DEFINITION OF COURT.—Section 1408(a)(1) of title 10,
United States Code, is amended—
(A) by striking ‘‘and’’ at the end of subpara-
graph (B);
(B) by striking the period at the end of sub-
paragraph (C) and inserting ‘‘; and’’; and
(C) by adding after subparagraph (C) the fol-
lowing new paragraph:
‘‘(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
356
in or accompanied by such a decree or settlement,’’ before
‘‘which—’’.
(3) PUBLIC PAYEE.—Section 1408(d) of such title is
amended—
(A) in the heading, by striking ‘‘to spouse’’ and
inserting ‘‘to (or for benefit of)’’; and
(B) in paragraph (1), in the first sentence, by
inserting ‘‘(or for the benefit of such spouse or
former spouse to a State central collections unit or
other public payee designated by a State, in accord-
ance with part D of title IV of the Social Security
Act, as directed by court order, or as otherwise di-
rected in accordance with such part D)’’ before ‘‘in
an amount sufficient’’.
(4) RELATIONSHIP TO PART D OF TITLE IV.—Sec-
tion 1408 of such title is amended by adding at the end
the following new subsection:
‘‘(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.’’.
357
(d) EFFECTIVE DATE.—The amendments made by
this section shall become effective 6 months after the date
of the enactment of this subtitle.
SEC. 41704. ENFORCEMENT OF CHILD SUPPORT OBLIGA-
TIONS OF MEMBERS OF THE ARMED FORCES.
(a) AVAILABILITY OF LOCATOR INFORMATION.—
(1) MAINTENANCE
OF
ADDRESS
INFORMA-
TION.—The Secretary of Defense shall establish a
centralized personnel locator service that includes
the address of each member of the Armed Forces
under the jurisdiction of the Secretary. Upon re-
quest of the Secretary of Transportation, addresses
for members of the Coast Guard shall be included in
the centralized personnel locator service.
(2) TYPE OF ADDRESS.—
(A) RESIDENTIAL
ADDRESS.—Except as
provided in subparagraph (B), the address for
a member of the Armed Forces shown in the lo-
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—
358
(i) who is permanently assigned over-
seas, to a vessel, or to a routinely
deployable unit; or
(ii) with respect to whom the Sec-
retary concerned makes a determination
that the member’s residential address
should not be disclosed due to national se-
curity or safety concerns.
(3) UPDATING
OF
LOCATOR
INFORMATION.—
Within 30 days after a member listed in the locator
service establishes a new residential address (or a
new duty address, in the case of a member covered
by paragraph (2)(B)), the Secretary concerned shall
update the locator service to indicate the new ad-
dress of the member.
(4) AVAILABILITY OF INFORMATION.—The Sec-
retary of Defense shall make information regarding
the address of a member of the Armed Forces listed
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
359
not operating as a service in the Navy, shall pre-
scribe regulations to facilitate the granting of leave
to a member of the Armed Forces under the juris-
diction of that Secretary in a case in which—
(A) the leave is needed for the member to
attend a hearing described in paragraph (2);
(B) the member is not serving in or with
a unit deployed in a contingency operation (as
defined in section 101 of title 10, United States
Code); and
(C) the exigencies of military service (as
determined by the Secretary concerned) do not
otherwise require that such leave not be grant-
ed.
(2) COVERED HEARINGS.—Paragraph (1) ap-
plies to a hearing that is conducted by a court or
pursuant to an administrative process established
under State law, in connection with a civil action—
(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:
360
(A) The term ‘‘court’’ has the meaning
given that term in section 1408(a) of title 10,
United States Code.
(B) The term ‘‘child support’’ has the
meaning given such term in section 462 of the
Social Security Act (42 U.S.C. 662).
(c) PAYMENT OF MILITARY RETIRED PAY IN COM-
PLIANCE WITH CHILD SUPPORT ORDERS.—
(1) DATE
OF
CERTIFICATION
OF
COURT
ORDER.—Section 1408 of title 10, United States
Code, is amended—
(A) by redesignating subsection (i) as sub-
section (j); and
(B) by inserting after subsection (h) the
following new subsection (i):
‘‘(i) CERTIFICATION DATE.—It is not necessary that
the date of a certification of the authenticity or complete-
ness of a copy of a court order or an order of an adminis-
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
361
sentence the following: ‘‘In the case of a spouse or
former spouse who, pursuant to section 402(a)(26)
of the Social Security Act (42 U.S.C. 602(26)), as-
signs to a State the rights of the spouse or former
spouse to receive support, the Secretary concerned
may make the child support payments referred to in
the preceding sentence to that State in amounts con-
sistent with that assignment of rights.’’.
(3) ARREARAGES OWED BY MEMBERS OF THE
UNIFORMED
SERVICES.—Section 1408(d) of such
title is amended by adding at the end the following
new paragraph:
‘‘(6) In the case of a court order or an order of an
administrative process established under State law for
which effective service is made on the Secretary concerned
on or after the date of the enactment of this paragraph
and which provides for payments from the disposable re-
tired pay of a member to satisy the amount of child sup-
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
362
order as well as to amounts of child support that currently
become due.’’.
SEC. 41705. MOTOR VEHICLE LIENS.
Section 466(a)(4) (42 U.S.C. 666(a)(4)) is amend-
ed—
(1) by striking ‘‘(4) Procedures’’ and inserting
the following:
‘‘(4) LIENS.—
‘‘(A) IN GENERAL.—Procedures’’; and
(2) by adding at the end the following new sub-
paragraph:
‘‘(B) MOTOR VEHICLE LIENS.—Procedures
for placing liens for arrears of child support on
motor vehicle titles of individuals owing such
arrears equal to or exceeding two months of
support, under which—
‘‘(i) any person owed such arrears
may place such a lien;
‘‘(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;
363
‘‘(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
‘‘(v) the individual or State agency
owed the arrears may execute on, seize,
and sell the property in accordance with
State law.’’.
SEC. 41706. VOIDING OF FRAUDULENT TRANSFERS.
Section 466(a) (42 U.S.C. 666(a)), as amended by
sections 41101(a), 41306(a), and 41401 of this subtitle,
is amended by adding at the end the following new para-
graph:
‘‘(15) FRAUDULENT
TRANSFERS.—Procedures
under which—
‘‘(A) the State has in effect—
‘‘(i) the Uniform Fraudulent Convey-
ance Act of 1981,
‘‘(ii) the Uniform Fraudulent Trans-
fer Act of 1984, or
364
‘‘(iii) another law, specifying indicia of
fraud which create a prima facie case that
a debtor transferred income or property to
avoid payment to a child support creditor,
which the Secretary finds affords com-
parable rights to child support creditors;
and
‘‘(B) in any case in which the State knows
of a transfer by a child support debtor with re-
spect to which such a prima facie case is estab-
lished, the State must—
‘‘(i) seek to void such transfer; or
‘‘(ii) obtain a settlement in the best
interests of the child support creditor.’’.
SEC. 41707. STATE LAW AUTHORIZING SUSPENSION OF LI-
CENSES.
Section 466(a) (42 U.S.C. 666(a)), as amended by
sections 41101(a), 41306(a), 41401, and 41706 of this
subtitle, is amended by adding at the end the following
new paragraph:
‘‘(16) AUTHORITY TO WITHHOLD OR SUSPEND
LICENSES.—Procedures under which the State has
(and uses in appropriate cases) authority (subject to
appropriate due process safeguards) to withhold or
suspend, or to restrict the use of driver’s licenses,
365
professional and occupational licenses, and rec-
reational licenses of individuals owing overdue child
support or failing, after receiving appropriate notice,
to comply with subpoenas or warrants relating to
paternity or child support proceedings.’’.
SEC. 41708. REPORTING ARREARAGES TO CREDIT BU-
REAUS.
Section 466(a)(7) (42 U.S.C. 666(a)(7)) is amended
to read as follows:
‘‘(7) REPORTING ARREARAGES TO CREDIT BU-
REAUS.—(A) Procedures (subject to safeguards pur-
suant to subparagraph (B)) requiring the State to
report periodically to consumer reporting agencies
(as defined in section 603(f) of the Fair Credit Re-
porting Act (15 U.S.C. 1681a(f)) the name of any
absent parent who is delinquent by 90 days or more
in the payment of support, and the amount of over-
due support owed by such parent.
‘‘(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
366
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. 41709. EXTENDED STATUTE OF LIMITATION FOR COL-
LECTION OF ARREARAGES.
(a) AMENDMENTS.—Section 466(a)(9) (42 U.S.C.
666(a)(9)) is amended—
(1) by striking ‘‘(9) Procedures’’ and inserting
the following:
‘‘(9) LEGAL TREATMENT OF ARREARS.—
‘‘(A) FINALITY.—Procedures’’;
(2) by redesignating subparagraphs (A), (B),
and (C) as clauses (i), (ii), and (iii), respectively,
and by indenting each of such clauses 2 additional
ems to the right; and
(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.’’.
367
(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. 41710. CHARGES FOR ARREARAGES.
(a) STATE LAW REQUIREMENT.—Section 466(a) (42
U.S.C. 666(a)), as amended by sections 41101(a),
41306(a), 41401, 41706, and 41707 of this subtitle, is
amended by adding at the end the following new para-
graph:
‘‘(17) CHARGES
FOR
ARREARAGES.—Proce-
dures providing for the calculation and collection of
interest or penalties for arrearages of child support,
and for distribution of such interest or penalties col-
lected for the benefit of the child (except where the
right to support has been assigned to the State).’’.
(b) REGULATIONS.—The Secretary of Health and
Human Services shall establish by regulation a rule to re-
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.
368
SEC. 41711. 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
41205(a)(3) and 41207 of this subtitle, is amended
by adding at the end the following new subsection:
‘‘(l) CERTIFICATIONS FOR PURPOSES OF PASSPORT
RESTRICTIONS.—
‘‘(1) IN
GENERAL.—Where the Secretary re-
ceives a certification by a State agency in accord-
ance with the requirements of section 454(28) that
an individual owes arrearages of child support in an
amount exceeding $5,000 or in an amount exceeding
24 months’ worth of child support, the Secretary
shall transmit such certification to the Secretary of
State for action (with respect to denial, revocation,
or limitation of passports) pursuant to section
41711(b) of the Economic Equity Act of 1996.
‘‘(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
369
41104(a), 41204(b), and 41302(a) of this subtitle, 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:
‘‘(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.’’.
370
(b) STATE DEPARTMENT PROCEDURE FOR DENIAL
OF PASSPORTS.—
(1) IN
GENERAL.—The Secretary of State,
upon certification by the Secretary of Health and
Human Services, in accordance with section 452(l)
of the Social Security Act, that an individual owes
arrearages of child support in excess of $5,000, shall
refuse to issue a passport to such individual, and
may revoke, restrict, or limit a passport issued pre-
viously to such individual.
(2) LIMIT
ON
LIABILITY.—The Secretary of
State shall not be liable to an individual for any ac-
tion with respect to a certification by a State agency
under this section.
(c) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall become effective October
1, 1996.
SEC. 41712. 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.
371
(b) TREATMENT OF INTERNATIONAL CHILD SUP-
PORT CASES AS INTERSTATE CASES.—Section 454 (42
U.S.C. 654), as amended by sections 41104(a), 41204(b),
41302(a), and 41711(a)(2) of this subtitle, is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(27);
(2) by striking the period at the end of para-
graph (28) and inserting ‘‘; and’’; and
(3) by inserting after paragraph (28) the fol-
lowing:
‘‘(29) provide that the State must treat inter-
national child support cases in the same manner as
the State treats interstate child support cases.’’.
CHAPTER 8—MEDICAL SUPPORT
SEC. 41801. TECHNICAL CORRECTION TO ERISA DEFINI-
TION 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:
372
‘‘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 subtitle.
(2) PLAN AMENDMENTS NOT REQUIRED UNTIL
JANUARY 1, 1996.—Any amendment to a plan re-
quired to be made by an amendment made by this
section shall not be required to be made before the
first plan year beginning on or after January 1,
1996, if—
(A) during the period after the date before
the date of the enactment of this subtitle and
before 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 subtitle and be-
fore such first plan year.
373
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—EFFECT OF ENACTMENT
SEC. 41901. EFFECTIVE DATES.
(a) IN GENERAL.—Except as otherwise specifically
provided (but subject to subsections (b) and (c))—
(1) provisions of this title requiring enactment
or amendment of State laws under section 466 of
the Social Security Act, or revision of State plans
under section 454 of such Act, shall be effective with
respect to periods beginning on and after October 1,
1996; and
(2) all other provisions of this title shall become
effective upon enactment.
(b) GRACE PERIOD FOR STATE LAW CHANGES.—The
provisions of this title shall become effective with respect
to a State on the later of—
(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
374
of enactment of this subtitle. 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. 41902. SEVERABILITY.
If any provision of this title or the application thereof
to any person or circumstance is held invalid, the invalid-
ity shall not affect other provisions or applications of this
title which can be given effect without regard to the invalid
provision or application, and to this end the provisions of
this title shall be severable.
Subtitle B—Interstate Child
Support
SEC. 42001. REFERENCE.
Except as otherwise specifically provided, wherever in
this subtitle an amendment is expressed in terms of an
375
amendment to or repeal of a section or other provision,
the reference shall be considered to be made to that sec-
tion or other provision of the Social Security Act.
SEC. 42002. FINDINGS, DECLARATIONS, AND PURPOSES.
(a) FINDINGS.—The Congress finds that—
(1) there is a large and growing number of
child support and parentage cases annually involving
disputes between parents or presumed parents who
reside in different States;
(2) the laws by which the courts of the various
States determine their authority to establish, en-
force, or modify a child support order, or to deter-
mine parentage are not uniform;
(3) those laws, along with the limits imposed by
a Federal system, on the authority of each State to
take certain actions outside its own boundaries, con-
tribute to—
(A) the pressing problem of parties moving
to avoid jurisdiction;
(B) inequities based solely on choice of
domicile;
(C) disregard of court orders resulting in
massive arrearages nationwide;
(D) excessive relitigation of cases;
376
(E) the establishment of conflicting orders
by the courts of various States; and
(F) interjurisdiction travel and commu-
nication that is so expensive and time consum-
ing as to disrupt parties’ occupations and com-
mercial activities; and
(4) among the results of these conditions are—
(A) the failure of the courts of such juris-
dictions to give full faith and credit to the judi-
cial proceedings of the other States;
(B) the deprivation of rights of liberty and
property without due process of law;
(C) burdens on commerce among the
States; and
(D) harm to the welfare of children and
their parents and other custodians.
(b) DECLARATION.—Based on the findings stated in
subsection (a), it is necessary to establish national stand-
ards under which the courts of each State will determine
their jurisdiction to establish, enforce, or modify a child
support order, or to determine parentage and the effect
to be given by each State to such determinations by the
courts of other States.
(c) PURPOSES.—The purposes of this subtitle are
to—
377
(1) expand the forums available to establish,
enforce, or modify a child support order, or to deter-
mine parentage so that such actions may be heard
in the State that has the strongest interest in the
child’s financial security;
(2) promote and expand the exchange of infor-
mation and other forms of mutual assistance be-
tween States that are concerned with the same child;
(3) facilitate the enforcement of support decrees
among the States;
(4) discourage continuing interstate controver-
sies over child support in the interest of greater fi-
nancial stability and secure family relationships for
the child; and
(5) avoid jurisdictional competition and conflict
between courts in matters relating to the establish-
ment, enforcement, and modification of child support
orders, and to the determination of parentage, which
have resulted in the movement of parties among
States and a low percentage of interstate cases with
support orders, thereby adversely affecting children’s
well-being.
(d) STATE.—For purposes of this section, the term
‘‘State’’ means the several States, the District of Colum-
bia, the Commonwealth of Puerto Rico, the territories and
378
possessions of the United States, and Indian country (as
defined in section 1151 of title 18, United States Code).
CHAPTER 1—LOCATE AND CASE
TRACKING
SEC. 42101. EXPANSION OF FUNCTIONS OF FEDERAL PAR-
ENT LOCATOR SERVICE.
(a) IN GENERAL.—Section 453 (42 U.S.C. 653) is
amended—
(1) in subsection (a), by striking ‘‘enforcing
support obligations against such parent’’ and insert-
ing ‘‘establishing parentage, establishing, modifying,
and enforcing child support obligations, and enforc-
ing child visitation rights and responsibilities, and
which shall use safeguards to prevent the disclosure
of information in cases that would jeopardize the
safety of the custodial parent or any child of the
custodial parent’’;
(2) in subsection (b), by inserting after the 2nd
sentence the following: ‘‘Information with respect to
an absent parent shall not be disclosed to any person
if the disclosure would jeopardize the safety of the
custodial parent or any child of the custodial parent.
Information with respect to an absent parent shall
not be disclosed to any person (other than the custo-
379
dial parent) unless the custodial parent has been no-
tified in advance of the disclosure.’’; and
(3) in subsection (d), by inserting ‘‘and such
reasonable fees’’ after ‘‘such documents’’.
(b) SENSE OF THE CONGRESS.—It is the sense of
the Congress that—
(1) the denial of visitation rights under a child
support order should be treated as irrelevant in any
action brought to enforce the support provisions of
the order; and
(2) the failure to pay child support pursuant to
a child support order should be treated as irrelevant
in any action brought to enforce visitation rights
under the order.
SEC. 42102. EXPANSION OF DATA BASES ACCESSED BY PAR-
ENT LOCATOR SYSTEMS.
(a) ADDITIONAL INFORMATION FOR FEDERAL PAR-
ENT LOCATOR SERVICE.—Section 453 (42 U.S.C. 653) is
amended—
(1) in subsection (b), by striking ‘‘the most re-
cent address and place of employment’’ and insert-
ing ‘‘the most recent residential address, employer
name and address, and amounts and nature of in-
come and assets’’;
380
(2) in subsection (c)(3), by striking ‘‘the resi-
dent parent’’ and inserting ‘‘either parent’’; and
(3) in subsection (e), by adding at the end the
following:
‘‘(4) The Secretary of the Treasury shall enter into
an agreement with the Secretary to provide prompt access
by the Secretary (in accordance with this subsection and
section 6103(l)(6) of the Internal Revenue Code of 1986)
to the quarterly estimated Federal income tax returns
filed by individuals with the Internal Revenue Service.’’.
(b) STATE
INFORMATION.—Section 466(a) (42
U.S.C. 666(a)) is amended by inserting after paragraph
(10) the following:
‘‘(11) Procedures under which the State child
support enforcement agency shall have automated
on-line or batch access (or, if necessary, nonauto-
mated access) to information regarding residential
addresses, employers and employer addresses, in-
come and assets, and medical insurance benefits
with respect to absent parents that is available
through any data base maintained by—
‘‘(A) any agency of the State or any politi-
cal subdivision thereof, that contains informa-
tion on residential addresses, or on employers
381
and employer addresses, as the State deems ap-
propriate;
‘‘(B) any publicly regulated utility com-
pany located in the State;
‘‘(C) any credit reporting agency located in
the State; and
‘‘(D) any trade or labor union located in
the State.
‘‘(12) Procedures under which the State child
support enforcement agency shall—
‘‘(A) maintain a child support order reg-
istry which shall include each child support
order (or an abstract thereof) issued or modi-
fied in the State on or after the effective date
of this paragraph; and
‘‘(B) transmit electronically to the Office
of Child Support Enforcement an abstract of
each such order, containing such information
and in such form as the Secretary may pre-
scribe pursuant to section 452(a)(11).’’.
(c) FEDERAL REGISTRY OF ABSTRACTS OF CHILD
SUPPORT ORDERS.—Section 452(a) (42 U.S.C 652(a)),
as amended by section 42211(a) of this subtitle, is amend-
ed—
382
(1) in paragraph (10), by striking ‘‘and’’ after
the semicolon;
(2) in paragraph (11), by striking the period at
the end of the 2nd sentence and inserting ‘‘; and’’;
and
(3) by adding at the end the following:
‘‘(12) maintain a registry of all child support
order abstracts received from States pursuant to
section 466(a)(12)(B).’’.
(d) SENSE OF THE CONGRESS.—It is the sense of
the Congress that the Secretary of Health and Human
Services should investigate, pursuant to section 453(e) of
the Social Security Act, accessing Federal data banks that
are not linked to the Parent Locator Service which are
more than marginally useful in locating absent parents.
SEC. 42103. EXPANSION OF ACCESS TO NATIONAL NET-
WORK FOR LOCATION OF PARENTS.
(a) IN GENERAL.—Section 453 (42 U.S.C. 653) is
amended by adding at the end the following:
‘‘(g) The Secretary shall expand the Parent Locator
Service to establish a national network based on the com-
prehensive statewide child support enforcement systems
developed by the States, to—
‘‘(1) allow each State to—
383
‘‘(A) locate any absent parent who owes
child support, for whom a child support obliga-
tion is being established, or for whom an order
for visitation is being enforced, by—
‘‘(i) accessing the records of other
State agencies and sources of locate infor-
mation directly from one computer system
to another; and
‘‘(ii) accessing Federal sources of lo-
cate information in the same fashion;
‘‘(B) access the files of other States to de-
termine whether there are other child support
orders and obtain the details of those orders;
‘‘(C) provide for both on-line and batch
processing of locate requests, with on-line ac-
cess restricted to cases in which the information
is needed immediately (for such reasons as
court appearances) and batch processing used
to ‘troll’ data bases to locate individuals or up-
date information periodically; and
‘‘(D) direct locate requests to individual
States or Federal agencies, broadcast requests
to selected States, or broadcast cases to all
States when there is no indication of the source
of needed information;
384
‘‘(2) provide for a maximum of 48-hour turn-
around time for information to be broadcast and re-
turned to a requesting State;
‘‘(3) provide ready access to courts of the infor-
mation on the network by location of a computer
terminal in each court; and
‘‘(4) access the registry of child support orders
for public and private cases maintained at the State
level by the State agencies as described in section
466(a)(12).’’.
(b) EXPANDED STATE INTERACTION WITH NA-
TIONAL
NETWORK.—Section 
454(16) 
(42 
U.S.C.
654(16)) is amended—
(1) by striking ‘‘and (E)’’ and inserting ‘‘(E)’’;
and
(2) by striking ‘‘enforcement;’’ and inserting
‘‘enforcement, and (F) to provide access to the na-
tional network developed pursuant to section
453(g);’’.
(c) SENSE OF THE CONGRESS.—It is the sense of the
Congress that the national network established under sec-
tion 453(g) of the Social Security Act should be used to
access State records only through the agency that admin-
isters the State plan approved under part D of title IV
of such Act.
385
SEC. 42104. PRIVATE ACCESS TO LOCATE AND ENFORCE-
MENT SERVICES.
Section 466(a) (42 U.S.C. 666(a)), as amended by
section 42102(b) of this subtitle, is amended by inserting
after paragraph (12) the following:
‘‘(13)(A) Procedures under which private attor-
neys and pro se obligees must be given access to
State locate resources and through enforcement
techniques of the State child support enforcement
agency, for the purpose of establishing, modifying,
and enforcing child support, visitation, and parent-
age orders, in accordance with safeguards estab-
lished—
‘‘(i) to provide the custodial parent ad-
vance notice of any release of information with
respect to a noncustodial parent; and
‘‘(ii) to prevent release of information with
respect to a noncustodial parent if the release
may jeopardize the safety of the noncustodial
parent, the custodial parent, or any child of ei-
ther parent; and
‘‘(B) The procedures described in subparagraph
(A) must require the State—
‘‘(i) to develop and publish guidelines im-
plementing the safeguards described in sub-
paragraph (A); and
386
‘‘(ii) if the State provides for reasonable
fees for the access referred to in subparagraph
(A), to establish such fees in accordance with
guidelines developed and published by the State
that set schedules for such fees.’’.
SEC. 42105. NATIONAL REPORTING OF NEW HIRES AND
CHILD SUPPORT INFORMATION.
(a) FEDERAL IMPLEMENTATION OF SYSTEM.—
(1) IN GENERAL.—The Secretary of the Treas-
ury, in consultation with the Secretary of Labor,
shall establish a system of reporting of new employ-
ees by requiring employers to provide a copy of every
new employee’s W–4 form to the employment secu-
rity agency of the State in which the employment is
located.
(2) EXPANDED USE OF FORM.—The Secretary
of the Treasury shall modify the W–4 form to be
completed by a new employee to enable the employee
to indicate on the form—
(A) whether the employee owes child sup-
port, and if so—
(i) to whom the support is payable
and the amount of the support payable;
and
387
(ii) whether the support is to be paid
through wage withholding; and
(B) whether health care insurance is avail-
able to the new employee, and, if so, whether
the new employee has obtained such insurance
for the dependent children of the new employee.
(3) EMPLOYER WITHHOLDING OBLIGATION.—
(A) IN GENERAL.—Subtitle C of the Inter-
nal Revenue Code of 1986 (relating to employ-
ment taxes) is amended by inserting after chap-
ter 24 the following new chapter:
‘‘CHAPTER 24A—COLLECTION OF CHILD
SUPPORT OBLIGATIONS AT SOURCE
ON WAGES
‘‘Sec. 3411. Child support obligations collected at source.
‘‘SEC. 3411. CHILD SUPPORT OBLIGATIONS COLLECTED AT
SOURCE.
‘‘(a) REQUIREMENT OF WITHHOLDING.—Every em-
ployer making payment of wages shall deduct and with-
hold upon such wages a specified child support obligation
amount.
‘‘(b) SPECIFIED
CHILD
SUPPORT
OBLIGATION
AMOUNT.—For purposes of this chapter, the specified
child support obligation amount with respect to any em-
ployee shall be determined based on—
388
‘‘(1) information provided by the employee, or,
if an agency of the State in which the employer is
located notifies the employer that such information
is inaccurate, information provided by the agency;
and
‘‘(2) information contained in any wage with-
holding order received by the employer from any
State.
‘‘(c) LIABILITY FOR PAYMENT.—The employer shall
be liable for the payment of the specified child support
obligation amount to the individual entitled to such pay-
ment.
‘‘(d) SPECIAL RULES.—For purposes of this chapter
(and so much of subtitle F as relates to this chapter), any
specified child support obligation amount shall be treated
as if it were a tax withheld under chapter 24 and rules
similar to the rules of such chapter shall apply.’’
(B) CLERICAL AMENDMENT.—The table of
chapters of subtitle C of the Internal Revenue
Code of 1986 is amended by inserting after the
item relating to chapter 24 the following new
item:
‘‘CHAPTER 24A. Child support obligations collected at source.’’
(4) WITHHELD CHILD SUPPORT OBLIGATIONS
REPORTED ON W–2 FORMS.—Subsection (a) of sec-
tion 6051 of the Internal Revenue Code of 1986 (re-
389
lating to receipts for employees) is amended by
striking ‘‘and’’ at the end of paragraph (8), by strik-
ing the period at the end of paragraph (9) and in-
serting ‘‘, and’’, and by inserting after paragraph
(9) the following new paragraph:
‘‘(10) the total amount of specified child sup-
port obligations withheld under section 3411.’’
(b) STATE IMPLEMENTATION OF SYSTEM.—Section
466(a) (42 U.S.C. 666(a)), as amended by section 42104
of this subtitle, is amended by inserting after paragraph
(13) the following:
‘‘(14) Procedures under which the State shall—
‘‘(A) use the Parent Locator Service estab-
lished under section 453 to access information
in the national registry of child support orders
maintained pursuant to section 452(a)(12) with
respect to new employee, compare such infor-
mation with the information reported on W–4
forms of new employees, and identify child sup-
port obligations not reported on such forms;
‘‘(B) if child support information from the
W–4 form of a new employee agrees with infor-
mation with respect to the new employee in the
national registry of child support orders main-
tained pursuant to section 452(a)(12), notify
390
the individual owed the support (or the individ-
ual’s designee) of such information;
‘‘(C) notify an employer of any new em-
ployee who has not reported on the W–4 form
a child support obligation of the new employee,
using the wage withholding order developed
under section 452(a)(14);
‘‘(D) impose monetary penalties on—
‘‘(i) any individual who owes child
support and fails to report the obligation
to provide the support on a Federal income
tax W–4 form at time of employment;
‘‘(ii) any employer who fails to for-
ward a W–4 form for a new employee to
the State employment security agency
within 10 calendar days of the date of the
first payroll from which the new employee
is paid; and
‘‘(iii) any employer who fails to with-
hold from the pay of any new employee
who reports a child support obligation on
a W–4 form an amount equal to the sup-
port owed, or fails to pay to the individual
owed the obligation the amount so with-
held, within 10 calendar days of the date
391
of the payroll, using electronic funds trans-
fer, if possible, unless otherwise notified by
a State agency;
‘‘(E) provide the services described in this
paragraph to any individual owed child support
who applies for assistance under the State plan;
and
‘‘(F) on request of another State, broad-
cast over the Parent Locator Service to such
other State child support information from W–
4 forms that have been sent to the State em-
ployment security agency.’’.
SEC. 42106. ACCESS TO LAW ENFORCEMENT RECORDS SYS-
TEMS.
(a) ACCESS
BY CHILD SUPPORT ENFORCEMENT
AGENCIES.—The head of the National Criminal Informa-
tion Center, the head of the National Law Enforcement
Telecommunications Network, and the head of any other
national or regional system for tracking individuals shall
each—
(1) allow Federal, State, and local child support
enforcement agencies access to the information of
the system for purposes of establishing paternity or
a child support obligation of an individual tracked
392
by the system, using appropriate safeguards to pre-
vent improper release of such information; and
(2) if an access code is required to gain such
access, provide the access code to each child support
enforcement agency that applies for the code.
(b) LOSS OF FEDERAL FUNDING.—A non-Federal
system for tracking individuals that fails to comply with
paragraphs (1) and (2) of subsection (a) shall not be eligi-
ble to receive Federal funding for the system.
SEC. 42107. BROADCASTING OF WARRANTS ON STATE NET-
WORKS.
Section 466(a) (42 U.S.C. 666(a)), as amended by
section 42105 of this subtitle, is amended by inserting
after paragraph (14) the following:
‘‘(15) Procedures under which the State—
‘‘(A) shall broadcast on any State or local
crime information system each failure-to-appear
warrant, capias, and bench warrant issued by a
State court in any proceeding related to child
support; and
‘‘(B) shall, in a criminal case, remit to any
individual to whom the defendant owes child
support any security posted by or on behalf of
the defendant and forfeited, to the extent of
any arrearage in the payment of the support.’’.
393
SEC. 42108. CASE MONITORING.
Section 454(16)(E) (42 U.S.C. 654(16)(E)) is
amended by inserting ‘‘, not less frequently that once
every 3 years’’ before the semicolon.
SEC. 42109. ACCESS TO FINANCIAL RECORDS.
Section 466(a) (42 U.S.C. 666(a)), as amended by
section 42107 of this subtitle, is amended by inserting
after paragraph (15) the following:
‘‘(16) Procedures under which the State may
obtain access to financial records maintained with
respect to any person by any financial institution
doing business in the State, for the purpose of estab-
lishing or enforcing a child support obligation of the
person.’’.
CHAPTER 2—ESTABLISHMENT
SEC. 42201. SERVICE OF PROCESS ON FEDERAL EMPLOY-
EES AND MEMBERS OF THE ARMED SERV-
ICES IN CONNECTION WITH PROCEEDINGS
RELATING TO CHILD SUPPORT AND PARENT-
AGE OBLIGATIONS.
Part D of title IV (42 U.S.C. 651–670) is amended
by inserting after section 460 the following:
394
‘‘SEC. 460A. SERVICE OF PROCESS ON FEDERAL EMPLOY-
EES AND MEMBERS OF THE ARMED SERV-
ICES IN CONNECTION WITH PROCEEDINGS
RELATING TO CHILD SUPPORT AND PARENT-
AGE OBLIGATIONS.
‘‘(a) IN GENERAL.—The head of each Government
agency shall, in accordance with applicable regulations
under subsection (b), designate an agent for receipt of
service of process, for any Federal employee or member
of the Armed Forces serving in or under such agency, in
connection with an action, brought in a court of competent
jurisdiction within any State, territory, or possession of
the United States, for obtaining a child support order or
for establishing parentage.
‘‘(b) REGULATIONS.—Regulations governing the im-
plementation of this section with respect to the executive,
legislative, or judicial branch of the Government shall be
promulgated by the authority or authorities responsible
for promulgating regulations under section 461 with re-
spect to the branch of Government involved.
‘‘(c) INTERPRETIVE RULE.—This section shall not be
construed to prevent any otherwise eligible individual from
requesting or being granted a stay or continuance in any
judicial proceeding, including a judicial proceeding under
the Soldiers’ and Sailors’ Civil Relief Act of 1940 (50
U.S.C. App. 501 et seq.).
395
‘‘(d) GOVERNMENT AGENCY DEFINED.—For pur-
poses of this section, the term ‘Government agency’ means
each agency of the Federal Government, including—
‘‘(1) an Executive agency (as defined by section
105 of title 5, United States Code);
‘‘(2) the Department of Defense, to the extent
that any Federal employee serving in or under that
agency or any member of the Armed Services is in-
volved;
‘‘(3) the United States Postal Service and the
Postal Rate Commission;
‘‘(4) the government of the District of Colum-
bia;
‘‘(5) an agency within the legislative or judicial
branch of the Government; and
‘‘(6) an advisory committee to which the Fed-
eral Advisory Committee Act applies.’’.
SEC. 42202. PRESUMED ADDRESS OF OBLIGOR AND OBLI-
GEE.
Section 466(a) (42 U.S.C. 666(a)), as amended by
section 42107 of this subtitle, is amended by inserting
after paragraph (16) the following:
‘‘(17) Procedures under which the State shall—
‘‘(A) require the court or administrative
agency with authority to issue the final order in
396
a child support or parentage case to require
each party subject to the order to file with the
court or administrative agency, on or before the
date the order is issued—
‘‘(i) the party’s residential address or
addresses;
‘‘(ii) the party’s mailing address or
addresses;
‘‘(iii) the party’s home telephone num-
ber or numbers;
‘‘(iv) the party’s driver’s license num-
ber;
‘‘(v) the party’s social security ac-
count number;
‘‘(vi) the name of each employer of
the party;
‘‘(vii) the addresses of each place of
employment of the party; and
‘‘(viii) the party’s work telephone
number or numbers;
‘‘(B) require the court or administrative
agency in any action related to child support to
presume, for the purpose of providing sufficient
notice (other than the initial notice in an action
to establish parentage or a child support order),
397
that the noncustodial parent resides at the last
residential address given by the noncustodial
parent to the court or agency, or a more recent
address provided in good faith by the parent
owed the support obligation; and
‘‘(C) ensure that information concerning
the location of a custodial parent or a child of
the custodial parent is not released to a non-
custodial parent if a court order has been is-
sued against the noncustodial parent for the
physical protection of the custodial parent or
the child.’’.
SEC. 42203. NOTICE TO CUSTODIAL PARENTS.
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:
‘‘(25) provide that the agency administering the
plan—
‘‘(A) shall make reasonable attempts to
provide timely notice to any individual owed
398
child support of any proceeding to establish,
modify, or enforce the support obligation;
‘‘(B) shall not delay any such proceeding
solely due to the failure of the custodial parent
to appear; and
‘‘(C) shall, within 14 days after the date
an order that establishes, modifies, or enforces
a child support obligation is issued, provide the
custodial parent of the child with a copy of the
order.’’.
SEC. 42204. UNIFORM STATE RULES IN PARENTAGE AND
CHILD SUPPORT CASES.
Section 466(a) (42 U.S.C. 666(a)), as amended by
section 42202 of this subtitle, is amended by inserting
after paragraph (17) the following:
‘‘(18) Procedures under which, in the State—
‘‘(A) a party may, in a single cause of ac-
tion, seek judicial determination of the parent-
age of a child and judicial establishment of a
child support order with respect to the child;
‘‘(B) the venue for determination of par-
entage of a child shall be in the county of resi-
dence of the child;
‘‘(C) a court or agency that issues a par-
entage or child support order shall have con-
399
tinuing and exclusive jurisdiction over the order
until the court or agency transfers such juris-
diction to the appropriate court or agency in
the county of residence of the child, or the par-
ties consent to be bound by another court or
agency in the State that has subject matter ju-
risdiction;
‘‘(D) proceedings to enforce or modify of a
child support order may be transferred to the
city, county, or district in which the child re-
sides without any requirement that the order be
filed or the defendant be served again;
‘‘(E) a court or agency that hears a par-
entage or child support case shall have state-
wide jurisdiction over the parties to the case,
and the parentage and child support orders is-
sued by the court or agency shall have state-
wide effect for enforcement purposes; and
‘‘(F) denial of visitation rights may not be
used as a defense in an action to enforce an ob-
ligation to provide child support and the failure
to provide child support may not be used as a
defense in an action to enforce visitation
rights.’’.
400
SEC. 42205. FAIR CREDIT REPORTING ACT AMENDMENT.
Section 604 of the Consumer Credit Protection Act
(15 U.S.C. 1681b) is amended by adding at the end the
following:
‘‘(4) To a State agency administering a State plan
under section 454 of the Social Security Act, for use to
establish or modify a child support award.’’.
SEC. 42206. 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 con-
vene a conference to study the desirability of a national
child support guideline, and if such guideline is advisable,
the Commission shall develop for congressional consider-
ation a national child support guideline that is based on
the conference’s study of various guideline models, the de-
ficiencies of such models, and any needed improvements,
taking into consideration differences in the cost of living
in different areas of the United States. In developing such
guideline, the Commission shall consider indexing the
guideline to the cost of living, specifying minimum (rather
than maximum) amounts, or using other methodologies to
reflect such differences.
401
(c) MEMBERSHIP.—
(1) NUMBER; APPOINTMENT.—
(A) IN GENERAL.—The Commission shall
be composed of 9 individuals appointed jointly
by the Secretary of Health and Human Services
and the Congress, not later than March 15,
1997.
(B) 
QUALIFICATIONS
OF
MEMBERS.—
Members of the Commission shall be appointed
from among those who are able to provide ex-
pertise and experience in the evaluation and de-
velopment of child support guidelines.
(2) TERMS OF OFFICE.—Each member shall be
appointed for a term of 2 years. A vacancy in the
Commission shall be filled in the manner in which
the original appointment was made.
(d) COMMISSION POWERS, COMPENSATION, ACCESS
TO INFORMATION, AND SUPERVISION.—The first sentence
of subparagraph (C), the first and third sentences of sub-
paragraph (D), subparagraph (F) (except with respect to
the conduct of medical studies), clauses (ii) and (iii) of
subparagraph (G), and subparagraph (H) of section
1886(e)(6) of the Social Security Act shall apply to the
Commission in the same manner in which such provisions
402
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 report on the results of the study de-
scribed in subsection (b) and the final assessment by the
Commission of issues relating to a national child support
guideline.
(f) TERMINATION.—The Commission shall terminate
upon the submission of the report described in subsection
(e).
SEC. 42207. GUIDELINE PRINCIPLES.
Section 467 (42 U.S.C. 667) is amended by adding
at the end the following:
‘‘(d) The guidelines established pursuant to sub-
section (a) shall be based on, and applied in accordance
with, the following principles:
‘‘(1) A change in the child support amount re-
sulting from the application of the guidelines since
the entry of the last support order is sufficient rea-
son for modification of a child support obligation
without the necessity of showing any other change in
circumstance. The State may set a minimum time-
403
frame between reviews of modifications based on the
guidelines, absent other changes in circumstances.
‘‘(2) Not later than January 1, 1997, each
State shall establish automatic child support order
review procedures based on the automated calcula-
tion of the amount of support to which a child is en-
titled, to ensure that the amount is sufficient to
meet the needs of the child, and takes into account
any changes in the income of the parents of the
child.
‘‘(3) The State shall advise any custodial parent
who is not receiving aid under a State plan approved
under part A of the review of a child support award
made with respect to a child of the custodial parent,
of any proposed modification in the amount of the
award based on the review, and of the right of the
custodial parent to decline to seek the modification.
‘‘(e) The guidelines established pursuant to sub-
section (a) may consider the treatment of the following:
‘‘(1) Work-related or job-training-related child
care expenses of either parent for the care of chil-
dren of either parent.
‘‘(2) Health insurance and related uninsured
health care expenses, and school expenses incurred
404
on behalf of the child for whom the child support
order is sought.
‘‘(3) Multiple family child raising obligations
other than those for the child for whom the child
support order is sought.
‘‘(f) Each State must publish the guidelines estab-
lished pursuant to subsection (a).’’.
SEC. 42208. DURATION OF SUPPORT.
(a) IN
GENERAL.—Section 466(a) (42 U.S.C.
666(a)), as amended by section 42204 of this subtitle, is
amended by inserting after paragraph (18) the following:
‘‘(19) Procedures under which the State—
‘‘(A) imposes on 1 or both parents of a
child an obligation to continue to provide sup-
port for the child until not earlier than the later
of the date the child attains 18 years of age or
the date the child is graduated from or is no
longer enrolled in secondary school or its equiv-
alent, unless the child is married or is otherwise
emancipated by a court of competent jurisdic-
tion;
‘‘(B) provides that courts with jurisdiction
over child support cases may, in accordance
with criteria established by the State, order—
405
‘‘(i) child support, payable to an adult
child, at least up to the age of 22 years for
a child enrolled in an accredited post-
secondary or vocational school or college
who is a student in good standing; and
‘‘(ii) either or both parents to pay for
postsecondary school support based on
each parent’s financial ability to pay;
‘‘(C) provides for child support to continue
beyond the child’s minority if the child is dis-
abled, unable to be self-supportive, and the dis-
ability arose during the child’s minority; and
‘‘(D) provides that courts should consider
the effect of child support received on means-
tested governmental benefits and whether to
credit governmental benefits against a support
award amount.’’.
(b) SENSE OF THE CONGRESS.—It is the sense of
the Congress that, if children receive child support while
obtaining postsecondary education, they will attain higher
levels of education affording them a greater chance to
break the welfare cycle.
406
SEC. 42209. EVIDENCE.
(a) NATIONAL SUBPOENA DUCES TECUM.—Section
452(a) (42 U.S.C. 652(a)), as amended by sections
42210(a) and 42102(c) of this subtitle, is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(11);
(2) by striking the period at the end of para-
graph (12) and inserting a semicolon; and
(3) by inserting after paragraph (12) the fol-
lowing:
‘‘(13) develop and distribute a national sub-
poena duces tecum, which shall be designed to be
used by any State or local child support agency or
child support litigant to reach income information on
the prior 12 months of income or on accumulated in-
come to date of any recipient of income;
‘‘(14) establish a simplified certification process
and admissibility procedure for out-of-State docu-
ments in child support or parentage cases.’’.
(b) STATE
LAWS.—Section 466(a) (42 U.S.C.
666(a)), as amended by section 42208 of this subtitle, is
amended by inserting after paragraph (19) the following:
‘‘(20) Procedures under which—
‘‘(A) in a child support case in the State—
‘‘(i) the subpoena duces tecum devel-
oped pursuant to section 452(a)(13) shall
407
be used, if necessary, to reach income in-
formation on the prior 12 months of in-
come or on accumulated income to date of
any individual;
‘‘(ii) an entity that is a source of in-
come for the individual may comply with
such a subpoena by timely mailing the in-
formation described in the subpoena to an
address supplied in the subpoena;
‘‘(iii) the State shall permit such a
subpoena to be enforced against such an
entity in the State, with the entity bearing
the burden of justifying any failure to com-
ply with the subpoena; and
‘‘(iv) information supplied by an en-
tity in response to such a subpoena shall
be admissible to prove the truth of the in-
formation;
‘‘(B) a certified copy of an out-of-State
order, decree, or judgment related to child sup-
port or parentage shall be admitted once of-
fered in the courts of the State if the order, de-
cree, or judgment is regular on its face;
‘‘(C) electronically transmitted information
and documents faxed to a court or administra-
408
tive agency that contain information related to
the amount of a child support obligation and
the terms of the order imposing the obligation
may be offered as evidence of the amount and
the 
terms, 
and 
electronically 
transmitted
records of payment of a child support agency
that are regular on their face shall be admissi-
ble as evidence in a child support or parentage
proceeding to prove the truth of the matter as-
serted in the records;
‘‘(D) out-of-State depositions, interrog-
atories, admissions of fact, and other discovery
documents may be offered and shall be admit-
ted in a child support or parentage proceeding
to prove the truth of the matters asserted in
the documents if regular on their face and if
such documents comply with the appropriate
discovery rule or law of the State where the dis-
covery was conducted; and
‘‘(E) written, videotaped, or audiotaped
evidence related to a child support or parentage
proceeding may be offered and shall be admit-
ted to prove the truth of the matter asserted
therein.’’.
409
SEC. 42210. TELEPHONIC APPEARANCE IN INTERSTATE
CASES.
Section 466(a) (42 U.S.C. 666(a)), as amended by
section 42209(b) of this subtitle, is amended by inserting
after paragraph (20) the following:
‘‘(21) Procedures under which the parties to an
interstate parentage or child support administrative
or judicial proceeding may appear and participate by
telephonic means in lieu of appearing personally.’’.
SEC. 42211. UNIFORM TERMS IN ORDERS.
(a) IN
GENERAL.—Section 452(a) (42 U.S.C.
652(a)) is amended—
(1) in paragraph (9), by striking ‘‘and’’ after
the semicolon;
(2) in paragraph (10), by striking the period at
the end of the 2nd sentence and inserting ‘‘; and’’;
and
(3) by adding at the end the following:
‘‘(11) not later than 12 months after the date
of the enactment of this paragraph, develop, in con-
junction with State executive and judicial organiza-
tions, a uniform abstract of a child support order,
for use by all State courts to record, with respect to
each child support order in the child support order
registry established under section 466(a)(12)—
410
‘‘(A) the date support payments are to
begin under the order;
‘‘(B) the circumstances upon which sup-
port payments are to end under the order;
‘‘(C) the amount of child support payable
pursuant to the order expressed as a sum cer-
tain to be paid on a monthly basis, arrearages
expressed as a sum certain as of a certain date,
and any payback schedule for the arrearages;
‘‘(D) whether the order awards support in
a lump sum (nonallocated) or per child;
‘‘(E) if the award is in a lump sum, the
event causing a change in the support award
and the amount of any change;
‘‘(F) other expenses covered by the order;
‘‘(G) the names of the parents subject to
the order;
‘‘(H) the social security account numbers
of the parents;
‘‘(I) the name, date of birth, and social se-
curity account number (if any) of each child
covered by the order;
‘‘(J) the identification (FIPS code, name,
and address) of the court that issued the order;
411
‘‘(K) any information on health care sup-
port required by the order; and
‘‘(L) the party to contact if additional in-
formation is obtained.’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall take effect on the date of the enact-
ment of this subtitle.
SEC. 42212. SOCIAL SECURITY NUMBERS ON MARRIAGE LI-
CENSES, DIVORCE DECREES, PARENTAGE DE-
CREES, AND BIRTH CERTIFICATES.
Section 466(a) (42 U.S.C. 666(a)), as amended by
section 42210 of this subtitle, is amended by inserting
after paragraph (21) the following:
‘‘(22) Procedures under which the social secu-
rity account number (if any) of—
‘‘(A) each individual applying for a mar-
riage license is to be listed by the individual’s
name on the license;
‘‘(B) each party granted a divorce decree is
to be listed by the party’s name on the decree,
if any party to the decree is pregnant or a par-
ent; and
‘‘(C) each individual determined to be a
parent of a child in an action to establish par-
412
entage is to be listed by the individual’s name
on the decree containing the determination; and
‘‘(D) each parent of a child is to be listed
by the parent’s name on the child’s birth certifi-
cate.’’.
SEC. 42213. ADMINISTRATIVE SUBPOENA POWER.
Section 466(a) (42 U.S.C. 666(a)), as amended by
section 42212 of this subtitle, is amended by inserting
after paragraph (22) the following:
‘‘(23) Procedures under which the State child
support enforcement agency may issue a subpoena
which—
‘‘(A) requires the individual served to
produce and deliver documents to, or to appear
at, a court or administrative agency on a cer-
tain date; and
‘‘(B) penalizes an individual for failing to
comply with the subpoena.’’.
SEC. 42214. LEGAL ASSISTANCE PROGRAMS.
(a) USE OF FUNDS FOR CHILD SUPPORT CASES.—
The Legal Services Corporation shall ensure that at least
10 percent of the funds it provides to each recipient in
a fiscal year be used to assist eligible clients to obtain child
support to which they may be entitled.
(b) DEFINITIONS.—For purposes of this section—
413
(1) the term ‘‘child support’’ means a payment
of money or provision of a benefit for the support
of a child, and includes periodic and lump-sum pay-
ments for current and past due economic support,
payments of premiums for health insurance for chil-
dren, payments for or provision of child care, and
payments for educational expenses; and
(2) the terms ‘‘eligible client’’ and ‘‘recipient’’
have the meanings given those terms in section 1002
of the Legal Services Corporation Act (42 U.S.C.
2996a).
SEC. 42215. INDIAN CHILD SUPPORT.
(a) SENSE OF THE CONGRESS.—It is the sense of the
Congress that—
(1) children residing on Indian reservations be
accorded the same right of support that is currently
afforded off-reservation children; and
(2) State and tribal governments should, to the
greatest extent possible, ensure that jurisdictional is-
sues do not prevent any Indian child, on- or off-res-
ervation, from receiving support to which the child
is entitled.
(b) FULL FAITH
AND CREDIT
OF SUPPORT OR-
DERS.—The Indian Child Welfare Act of 1978 (25 U.S.C.
414
1901 et seq.) is amended by adding at the end the follow-
ing:
‘‘TITLE IV—INDIAN CHILD
SUPPORT
‘‘SEC. 401. FULL FAITH AND CREDIT.
‘‘(a) Every Indian tribe shall give full faith and credit
to the public acts, records, and judicial proceedings of the
United States, every State, and every territory or posses-
sion of the United States applicable to Indian child sup-
port proceedings to the same extent that the Indian tribe
gives full faith and credit to public acts, records, and judi-
cial proceedings of any other entity pursuant to section
101(d) of this Act.
‘‘(b) The United States, every State, every territory
or possession of the United States, and every Indian tribe
shall give full faith and credit to the public acts, records,
and judicial proceedings of any Indian tribe applicable to
Indian child support proceedings to the same extent that
such entities give full faith and credit to public acts,
records, and judicial proceedings of any other entity.’’.
SEC. 42216. SUPPORT ORDERS OUTREACH AND DEM-
ONSTRATIONS.
(a) SENSE OF THE CONGRESS.—It is the sense of the
Congress that States should work with community-based
organizations with ties to underserved populations to de-
415
velop better methods to reach and work with such popu-
lations to encourage the filing of more support orders.
(b) STATES REQUIRED TO CONDUCT SURVEYS OF
UNDERSERVED POPULATIONS.—
(1) IN
GENERAL.—Part D of title IV (42
U.S.C. 651–669) is amended by adding at the end
the following:
‘‘SEC. 470. STATE SURVEYS OF UNDERSERVED POPU-
LATIONS.
‘‘Each State, as a condition for having a State plan
approved under this part, must conduct surveys to identify
populations underserved by child support services, and de-
velop outreach programs to serve such populations in
places such as child care centers, parenting classes, pre-
natal classes, and unemployment offices.’’.
(2) FEDERAL FINANCIAL PARTICIPATION.—Sec-
tion 455(a)(1) (42 U.S.C. 655(a)(1)) is amended—
(A) in subparagraph (B), by striking
‘‘and’’ at the end;
(B) in subparagraph (C) by adding ‘‘and’’
at the end; and
(C) by inserting after subparagraph (C)
the following:
‘‘(D) equal to 90 percent of so much of the
sums expended during such quarter as are attrib-
416
utable to operating programs described in section
470,’’.
(c) MATERIALS TO ASSIST PERSONS WITH LOW LIT-
ERACY LEVELS.—The Secretary of Health and Human
Services shall fund demonstration projects and technical
assistance grants to States to develop applications and in-
formational materials directed to individuals with low lit-
eracy levels or difficulties reading English.
(d) REVIEW OF WRITTEN MATERIALS.—The Sec-
retary of Health and Human Services shall review all writ-
ten materials provided to persons served by the Office of
Child Support Enforcement to ensure that any require-
ment contained in the materials is presented clearly and
in a manner that is easily understandable by such persons.
(e) DEMONSTRATION PROJECTS TO IMPROVE CO-
ORDINATION BETWEEN CERTAIN STATE PUBLIC ASSIST-
ANCE AGENCIES.—The Secretary of Health and Human
Services shall make grants to States to conduct dem-
onstration projects to test various methods for improving
the coordination of services and case processing between
the State agency referred to in section 402(a)(3) of the
Social Security Act and the State agency referred to in
section 454(3) of such Act.
(f) REFERRAL OF CUSTODIAL PARENTS TO COMMU-
NITY RESOURCES TO COMBAT DOMESTIC VIOLENCE.—
417
Section 454 (42 U.S.C. 654), as amended by section
42203 of this subtitle, is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(24);
(2) by striking the period at the end of para-
graph (25) and inserting ‘‘; and’’; and
(3) by inserting after paragraph (25) the fol-
lowing:
‘‘(26) provide that the agency administering the
plan—
‘‘(A) may represent custodial parents in
custody cases; and
‘‘(B) must refer to appropriate community
resources custodial parents against whom or
whose children violence has been threatened as
a result of cooperation with a State agency in
establishing or enforcing a child support order,
in accordance with procedures developed by the
State to reduce the risk of violence, such as ex-
empting the custodial parent from any require-
ment of face-to-face meetings with persons
other than from the agency.’’.
CHAPTER 3—PARENTAGE
SEC. 42301. PARENTAGE.
(a) STATE PLAN.—
418
(1) IN
GENERAL.—Section 454 (42 U.S.C.
654), as amended by section 42216(f) of this sub-
title, is amended—
(A) by striking ‘‘and’’ at the end of para-
graph (25);
(B) by striking the period at the end of
paragraph (26) and inserting ‘‘; and’’; and
(C) by inserting after paragraph (26) the
following:
‘‘(27) in order to encourage voluntary paternity
acknowledgement, provide for—
‘‘(A) the development and distribution of
material at schools, hospitals (not later than 2
years after the effective date of this paragraph),
agencies administering the programs under part
A of this title and title XIX, prenatal health
care providers, WIC programs, health depart-
ments, clinics, and other appropriate locations
that describe the benefits and responsibilities of
paternity establishment and the process by
which paternity services may be obtained; and
‘‘(B) the use of consent procedures.’’.
(2) ENHANCED
FEDERAL
MATCH.—Section
455(a)(1) (42 U.S.C. 655(a)(1)) is amended—
419
(A) by striking ‘‘and’’ at the end of sub-
paragraph (B);
(B) by inserting ‘‘and’’ at the end of sub-
paragraph (C); and
(C) by inserting after subparagraph (C)
the following:
‘‘(D) equal to 90 percent (rather than the
percentage specified in subparagraph (A)) of so
much of the sums expended during such quar-
ter as are attributable to costs incurred in car-
rying out section 454(27) and the 2nd sentence
of section 466(a)(5)(C);’’.
(b) STATE LAW.—Section 466(a) (42 U.S.C. 666(a)),
as amended by section 42213 of this subtitle, is amended
by inserting after paragraph (23) the following:
‘‘(24) Procedures under which—
‘‘(A) in a parentage case, an individual
who signs the signature line provided for a fa-
ther on a State birth certificate is rebuttably
presumed to be a parent of the child, and a
birth certificate so signed is admissible as evi-
dence of such parentage;
‘‘(B) a simple, civil consent procedure is
available for individuals who agree to acknowl-
edge parentage of a child;
420
‘‘(C) an acknowledgment of parentage of a
child—
‘‘(i) may be incorporated in a wit-
nessed, written statement which includes a
statement that the individual—
‘‘(I) 
understands 
the 
con-
sequences of paternity acknowledg-
ment;
‘‘(II) is signing the statement
voluntarily; and
‘‘(III) does not object to a court
entering an order for parentage of the
child based on the acknowledgment,
without notice before the order is is-
sued and without the requirement of
pleadings, service, summons, testi-
mony, or a hearing;
‘‘(ii) is registered as part of the proc-
ess of registering the birth certificate of
the child; and
‘‘(iii) is admissible in court as evi-
dence of the individual’s parentage of the
child;
‘‘(D) collection of information for purposes
of establishing a child support obligation may
421
be done during the parentage acknowledgment
process, to the maximum extent consistent with
the State constitution;
‘‘(E) a civil procedure (and not a criminal
procedure) is used in parentage determination
cases;
‘‘(F) parentage is determined by a prepon-
derance of the evidence;
‘‘(G) a party may bring a parentage case
without joinder of the named child, and State
law regarding privity of the parties shall govern
the res judicata effect of nonjoinder;
‘‘(H) the results of a parentage test are
rebuttably presumed to be accurate in a parent-
age case, if the test results are admitted as evi-
dence 
of 
the 
matter 
tested 
and 
are
uncontroverted, and the test has an accuracy
rate of at least 98 percent;
‘‘(I) a determination of parentage may be
made against a noncooperative party who re-
fuses to submit to a court order to submit to
parentage testing;
‘‘(J) an objection to parentage testing or
to the results of a parentage test must be made
in writing at least 21 days before trial, and if
422
no such objection is made, the test results are
admissible as evidence of the matter tested,
without any requirement for the attendance of
a representative of the hospital, clinic, or par-
entage laboratory that conducted the test;
‘‘(K) prenatal and post-natal parentage-
testing bills are admissible as evidence of par-
entage, without any requirement of third-party
foundation testimony, and any such bill is
prima facie evidence of the expenses incurred
on behalf of the child for the procedures in-
cluded in the bill;
‘‘(L) a default order is entered in a parent-
age case on a proper showing of evidence of
parentage and of service of process on the de-
fendant, without regard to the personal pres-
ence of the plaintiff;
‘‘(M) a temporary child support order is
entered against an individual if—
‘‘(i) the individual is presumed to be
the parent of the child by reason of the re-
sults of a parentage test;
‘‘(ii) the individual has signed a state-
ment acknowledging parentage of the child;
or
423
‘‘(iii) there is other clear and convinc-
ing evidence that the individual is a parent
of the child;
‘‘(N) an individual determined by law to be
the parent of a child is precluded from claiming
nonparentage of the child as a defense in a
child support case;
‘‘(O) a single action may be brought to de-
termine the parentage of a child and to estab-
lish a child support obligation with respect to
the child; and
‘‘(P)(i) an action to determine the parent-
age of a child may be brought only in the coun-
ty in which the child resides; and
‘‘(ii) if the child who is the subject of a
parentage determination action moves to an-
other county, the action is to be transferred to
the other county, on request of the custodial
parent of the child.’’.
(c) SENSE OF THE CONGRESS.—It is the sense of the
Congress that, in a proceeding to establish paternity, once
paternity is alleged, the burden of proof should shift to
the alleged father.
424
CHAPTER 4—ENFORCEMENT
SEC. 42401. DIRECT WAGE WITHHOLDING.
(a) STATE LAW.—Section 466(b) (42 U.S.C. 666(b))
is amended by adding at the end the following:
‘‘(11) Upon the issuance or modification by a
State court or administrative agency of an order im-
posing a child support obligation on an individual,
the State shall transmit to any employer of the indi-
vidual a wage withholding order developed under
section 452(a)(14) directing the employer to with-
hold amounts from the wages of the individual pur-
suant to the order, subject to the Uniform Interstate
Family Support Act adopted by the National Con-
ference of Commissioners on Uniform State Laws in
August 1992.’’.
(b) 
UNIFORM
WITHHOLDING
ORDER.—Section
452(a) (42 U.S.C. 652(a)), as amended by sections
42211(a), 42102(c), and 42209(a) of this subtitle, is
amended—
(1) by striking ‘‘and’’ at the end of paragraph
(12);
(2) by striking the period at the end of para-
graph (13) and inserting ‘‘; and’’; and
(3) by inserting after paragraph (13) the fol-
lowing:
425
‘‘(14) develop a uniform order to be used in all
cases in which income is to be withheld for the pay-
ment of child support, which shall contain the name
of the individual whose income is to be withheld, the
number of children covered by the order, and the in-
dividual or State to whom the withheld income is to
be paid, and be generic to allow for the service of
the order on all sources of income.’’.
SEC. 42402. PRIORITIES IN APPLICATION OF WITHHELD
WAGES.
Section 466(b) (42 U.S.C. 666(a)), as amended by
section 42401(a) of this subtitle, is amended by inserting
after paragraph (11) the following:
‘‘(12) Procedures under which the amounts
withheld pursuant to a child support or wage with-
holding order are to be applied in the following
order:
‘‘(A) To payments of support due during
the month of withholding.
‘‘(B) To payments of premiums for health
care insurance coverage for dependent children.
‘‘(C) To payments of support due before
the month of withholding, and of unreimbursed
health care expenses.’’.
426
SEC. 42403. ADDITIONAL BENEFITS SUBJECT TO GARNISH-
MENT.
(a) FEDERAL DEATH BENEFITS, BLACK LUNG BEN-
EFITS, AND VETERANS BENEFITS.—Section 462(f)(2) (42
U.S.C. 662(f)(2)) is amended by striking ‘‘(not including’’
and all that follows through ‘‘compensation)’’.
(b) WORKERS’ COMPENSATION.—Section 462(f) (42
U.S.C. 662(f)) is amended—
(1) by striking ‘‘or’’ at the end of paragraph
(1);
(2) by striking the period at the end of para-
graph (2) and inserting ‘‘, or’’; and
(3) by adding at the end the following:
‘‘(3) workers’ compensation benefits.’’.
SEC. 42404. CONSUMER CREDIT PROTECTION ACT AMEND-
MENTS.
(a) PREEMPTION OF STATE LAWS.—Section 307 of
the Consumer Credit Protection Act (15 U.S.C. 1677) is
amended—
(1) by striking ‘‘This’’ and inserting ‘‘(a) IN
GENERAL.—Subject to subsection (b), this’’;
(2) by striking ‘‘or’’ at the end of paragraph
(1);
(3) by striking the period at the end of para-
graph (2) and inserting ‘‘, or’’; and
(4) by adding at the end the following:
427
‘‘(3) providing a cause of action, either by the
State or a private individual, to enforce a Federal or
State law related to garnishment for the purpose of
securing child support.
‘‘(b) EXCEPTION.—Subsection (a)(1) shall not apply
to the laws of any State that prohibit or restrict garnish-
ments for the purpose of securing support for any per-
son.’’.
(b) OTHER FORMS OF INCOME.—Title III of such
Act (15 U.S.C. 1671 et seq.) is amended by adding at
the end the following:
‘‘SEC. 308. OTHER FORMS OF INCOME.
‘‘This title does not apply to forms of income that
are not earnings within the definition contained in section
302(a).’’.
(c) PRIORITY OF DEBTS.—Title III of such Act (15
U.S.C. 1671 et seq.), as amended by subsection (b) of this
section, is further amended by adding after section 308
the following:
‘‘SEC. 309. PRIORITY OF DEBTS.
‘‘If an individual’s disposable earnings are not suffi-
cient to pay—
‘‘(1) a garnishment intended to satisfy a Fed-
eral debt; and
428
‘‘(2) a garnishment intended to satisfy a debt
related to the support of any child,
the Federal debt shall be satisfied through garnishment
only after the debt related to child support has first been
satisfied.’’.
(d) ADDITIONAL
INDEBTEDNESS
IN
ANTI-DIS-
CHARGE SECTION.—Section 304 of such Act (16 U.S.C.
1674) is amended by adding at the end the following:
‘‘(c) The prohibition contained in subsection (a) shall
apply to any employee whose earnings are subject to gar-
nishment for more than one indebtedness, if the additional
indebtedness arises from an order for the support of a
child.’’.
SEC. 42405. PROHIBITION AGAINST USE OF ELECTION OF
REMEDIES DOCTRINE TO PREVENT COLLEC-
TION OF CHILD SUPPORT.
Section 466(a) (42 U.S.C. 666(a)), as amended by
section 42301(b) of this subtitle, is amended by inserting
after paragraph (24) the following:
‘‘(25) Procedures which prohibit any State
court from applying the doctrine of election of rem-
edies to prevent a custodial parent from collecting or
seeking to collect child support from a noncustodial
parent.’’.
429
SEC. 42406. HOLD ON OCCUPATIONAL, PROFESSIONAL, AND
BUSINESS LICENSES.
(a) STATE HOLD BASED ON WARRANT OR SUPPORT
DELINQUENCY.—Section 466(a) (42 U.S.C. 666(a)), as
amended by section 42405 of this subtitle, is amended by
inserting after paragraph (25) the following:
‘‘(26) Procedures under which the State occu-
pational licensing and regulating departments and
agencies may not issue or renew any occupational,
professional, or business license of—
‘‘(A) a noncustodial parent who is the sub-
ject of an outstanding failure to appear war-
rant, capias, or bench warrant related to a child
support proceeding that appears on the State’s
crime information system, until removed from
the system; and
‘‘(B) an individual who is delinquent in the
payment of child support, until the obligee or a
State prosecutor responsible for child support
enforcement consents to, or a court that is re-
sponsible for the order’s enforcement orders,
the release of the hold on the license, or an ex-
pedited inquiry and review is completed while
the individual is granted a 60-day temporary li-
cense.’’.
430
(b) FEDERAL HOLD BASED ON SUPPORT DELIN-
QUENCY.—A Federal agency may not issue or renew any
occupational, professional, or business license of an indi-
vidual who is delinquent in the payment of child support,
until the obligee, the obligee’s attorney or a State prosecu-
tor responsible for child support enforcement consents to,
or a court that is responsible for the order’s enforcement
orders, the release of the hold on the license, or an expe-
dited inquiry and review is completed while the individual
is granted a 60-day temporary license.
SEC. 42407. DRIVER’S LICENSES AND VEHICLE REGISTRA-
TIONS DENIED TO PERSONS FAILING TO AP-
PEAR IN CHILD SUPPORT CASES.
Section 466(a) (42 U.S.C. 666(a)), as amended by
section 42406(a) of this subtitle, is amended by inserting
after paragraph (26) the following:
‘‘(27) Procedures under which the State motor
vehicle department—
‘‘(A) may not issue or renew the driver’s li-
cense or any vehicle registration (other than
temporary) of any noncustodial parent who is
the subject of an outstanding failure to appear
warrant, capias, or bench warrant related to a
child support proceeding that appears on the
431
State’s crime information system, until removed
from the system;
‘‘(B) upon receiving notice that an individ-
ual to whom a State driver’s license or vehicle
registration has been issued is the subject of a
warrant related to a child support proceeding,
shall issue a show cause order to the individual
requesting the individual to demonstrate why
the individual’s driver’s license or vehicle reg-
istration should not be suspended until the war-
rant is removed by the State responsible for is-
suing the warrant; and
‘‘(C) in any case in which a show cause
order has been issued as described in subpara-
graph (B), may grant a temporary license or
vehicle registration to the individual pending
the show cause hearing or the removal of the
warrant, whichever occurs first.’’.
SEC. 42408. LIENS ON CERTIFICATES OF VEHICLE TITLE.
Section 466(a) (42 U.S.C. 666(a)), as amended by
section 42407 of this subtitle, is amended by inserting
after paragraph (27) the following:
‘‘(28) Procedures under which the State shall
systematically place liens on vehicle titles for child
support arrearages determined under a court order
432
or an order of an administrative process established
under State law, using a method for updating the
value of the lien on a regular basis or allowing for
an expedited inquiry to and response from a govern-
mental payee for proof of the amount of arrears,
with an expedited method for the titleholder or the
individual owing the arrearage to contest the arrear-
age or to request a release upon fulfilling the sup-
port obligation, and under which such a lien has
precedence over all other encumbrances on a vehicle
title other than a purchase money security interest,
and that the individual owed the arrearage may exe-
cute on, seize, and sell the property in accordance
with State law.’’.
SEC. 42409. ATTACHMENT OF BANK ACCOUNTS.
Section 466(a) (42 U.S.C. 666(a)), as amended by
section 42408 of this subtitle, is amended by inserting
after paragraph (28) the following:
‘‘(29) Procedures under which—
‘‘(A) amounts on deposit in a bank account
may be seized to satisfy child support arrear-
ages determined under a court order or an
order of an administrative process established
under State law, solely through an administra-
tive process, pending notice to and an expedited
433
opportunity to be heard from the account hold-
er or holders; and
‘‘(B) if the account holder or holders fail
to successfully challenge the seizure (as deter-
mined under State law), the bank may be re-
quired to pay from the account to the entity
with the right to collect the arrearage the lesser
of—
‘‘(i) the amount of the arrearage; or
‘‘(ii) the amount on deposit in the ac-
count.’’.
SEC. 42410. SEIZURE OF LOTTERY WINNINGS, SETTLE-
MENTS, 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
section 42409 of this subtitle, is amended by inserting
after paragraph (29) the following:
‘‘(30) Procedures, in addition to other income
withholding procedures, under which a lien is im-
posed against property with the following effect:
‘‘(A) The distributor of the winnings from
a State lottery or State-sanctioned or tribal-
sanctioned gambling house or casino shall—
434
‘‘(i) suspend payment of the winnings
from the person otherwise entitled to the
payment until an inquiry is made to and a
response is received from the State child
support enforcement agency as to whether
the person 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.
‘‘(B) 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
‘‘(ii) if there is such an arrearage,
withhold from the payment the lesser of
the amount of the payment or the amount
435
of the arrearage, and pay the amount with-
held to the agency for distribution.
‘‘(C) 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.
‘‘(D) 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
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
436
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.
‘‘(E) 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.’’.
SEC. 42411. FRAUDULENT TRANSFER PURSUIT.
Section 466(a) (42 U.S.C. 666(a)), as amended by
section 42410 of this subtitle, is amended by inserting
after paragraph (30) the following:
‘‘(31) Procedures requiring that, in any case re-
lated to child support, any transfer of property by
437
an individual who owes a child support arrearage
shall be presumed to be made with the intent to
avoid payment of the arrearage, and may be rebut-
ted by evidence to the contrary.’’.
SEC. 42412. FULL IRS COLLECTION.
(a) SENSE OF THE CONGRESS.—It is the sense of the
Congress that the Commissioner of the Internal Revenue
Service should instruct the field offices and agents of the
Internal Revenue Service to give a high priority to re-
quests for the use of full collection in delinquent child sup-
port cases, and to set uniform standards for full collection
to ensure its expeditious and effective implementation.
(b) SIMPLIFIED PROCEDURE.—The Secretary of the
Treasury, in consultation with the Secretary of Health and
Human Services, shall by regulation simplify the full col-
lection process under section 6305 of the Internal Revenue
Code of 1986 and reduce the amount of child support ar-
rearage needed before an individual may apply for collec-
tion under such section.
SEC. 42413. TAX REFUND OFFSET PROGRAM EXPANDED TO
COVER NON-AFDC POST-MINOR CHILDREN.
Section 464(c) (42 U.S.C. 664(c)) is amended—
(1) by striking ‘‘(1) Except as provided in para-
graph (2), as’’ and inserting ‘‘As’’;
438
(2) by inserting ‘‘(whether or not a minor)’’
after ‘‘a child’’ each place such term appears; and
(3) by striking paragraphs (2) and (3).
SEC. 42414. ATTACHMENT OF PUBLIC AND PRIVATE RE-
TIREMENT FUNDS.
Section 466(a) (42 U.S.C. 666(a)), as amended by
section 42411 of this subtitle, is amended by inserting
after paragraph (31) the following:
‘‘(32) Procedures under which an individual
owed a child support arrearage (determined under a
court order or an order of an administrative process
established under State law) may, notwithstanding
section 401(a)(13) of the Internal Revenue Code of
1986, attach any interest in any public or private re-
tirement plan of the individual who owes the sup-
port, without the requirement of a separate court
order, and with notice and an expedited hearing pro-
vided if requested by the individual who owes the
support.’’.
SEC. 42415. STATUTES OF LIMITATION.
(a) IN
GENERAL.—Section 466(a) (42 U.S.C.
666(a)), as amended by section 42414 of this subtitle, is
amended by inserting after paragraph (32) the following:
439
‘‘(33) Procedures which permit the enforcement
of any child support order until the child attains at
least 30 years of age.’’.
(b) EFFECTIVE DATE.—The amendment made by
this section shall apply to orders entered before, on, and
after the date of the enactment of this subtitle.
SEC. 42416. INTEREST.
Section 466(a) (42 U.S.C. 666(a)), as amended by
section 42415(a) of this subtitle, is amended by inserting
after paragraph (33) the following:
‘‘(34) Procedures under which the State child
support enforcement agency must assess and collect
interest on all child support judgments, at the rate
determined for interest on money judgments, in ad-
dition to any late payment fee imposed by the State
under section 454(21).’’.
SEC. 42417. ARMED FORCES COOPERATION IN ENFORCE-
MENT OF SUPPORT OBLIGATIONS OF MEM-
BERS 
AND 
FORMER 
MEMBERS 
OF 
THE
ARMED FORCES.
(a) ENFORCEMENT OF SUPPORT OBLIGATIONS.—(1)
Chapter 40 of title 10, United States Code, is amended
by adding at the end the following new section:
440
‘‘§ 709. Leave for attendance at child support or relat-
ed hearings; availability of personnel lo-
cator service information
‘‘(a) DEFINITIONS.—For purposes of this section:
‘‘(1) The term ‘authorized person’ has the
meaning given that term in section 453(c) of the So-
cial Security Act (42 U.S.C. 653(c)).
‘‘(2) The term ‘child support’ has the meaning
given such term in section 462(b) of the Social Secu-
rity Act (42 U.S.C. 662).
‘‘(3) The term ‘court’ has the meaning given
that term in section 1408(a)(1) of this title.
‘‘(b) FACILITATING THE GRANTING OF LEAVE FOR
ATTENDANCE AT HEARINGS.—
‘‘(1) REGULATIONS REQUIRED.—The Secretary
concerned shall prescribe regulations to facilitate the
granting of a leave of absence to a member of the
armed forces under the jurisdiction of that Secretary
when necessary for the member to attend a hearing
of a court that is conducted in connection with a
civil action—
‘‘(A) to determine whether the member is
a natural parent of a child; or
‘‘(B) to determine an obligation of the
member to provide child support.
441
‘‘(2) WAIVER
AUTHORITY.—The regulations
prescribed under paragraph (1) may authorize a
waiver of the applicability of the regulations to a
member of the armed forces when—
‘‘(A) the member is serving in an area of
combat operations; or
‘‘(B) such a waiver is otherwise necessary
in the national security interest of the United
States.
‘‘(c) AVAILABILITY OF CURRENT LOCATOR INFORMA-
TION.—
‘‘(1) MAINTENANCE
OF
ADDRESS
INFORMA-
TION.—Each worldwide personnel locator service of
the armed forces and each personnel locator service
of the armed forces maintained for a military instal-
lation shall include the residential address of each
member of the armed forces listed in such service.
Within 30 days after a change of duty station or
residential address of a member listed in a locator
service, the Secretary concerned shall update the lo-
cator service to indicate the new residential address
of the member.
‘‘(2) AVAILABILITY
OF
INFORMATION.—The
Secretary of Defense shall prescribe regulations to
make information regarding the residential address
442
of a member of the armed forces available, on re-
quest, to any authorized person for the purposes of
part D of title IV of the Social Security Act (42
U.S.C. 651 et seq.).’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘709. Leave for attendance at child support or related hearings; availability of
personnel locator service information.’’.
(b) PAYMENT OF MILITARY RETIRED PAY IN COM-
PLIANCE WITH COURT ORDERS.—
(1) DATE
OF
CERTIFICATION
OF
COURT
ORDER.—Section 1408 of title 10, United States
Code, is amended—
(A) by redesignating subsection (i) as sub-
section (j); and
(B) by inserting after subsection (h) the
following new subsection:
‘‘(i) 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 for child support received
by the Secretary concerned for the purposes of this section
be recent in relation to the date of receipt.’’.
(2) PAYMENTS
CONSISTENT
WITH
ASSIGN-
MENTS OF RIGHTS TO STATES.—Subsection (d)(1)
of such section is amended by inserting after the
443
first sentence the following: ‘‘In the case of a spouse
or 
former 
spouse 
who, 
pursuant 
to 
section
402(a)(26) of the Social Security Act (42 U.S.C.
602(26)), assigns to a State the rights of the spouse
or former spouse to receive support, the Secretary
concerned may make the child support payments re-
ferred to in the preceding sentence to that State in
amounts consistent with the assignment of rights.’’.
(3) 
RULE
OF
CONSTRUCTION.—Subsection
(c)(2) of such section is amended—
(A) by inserting after the first sentence the
following: ‘‘The second sentence of subsection
(d)(1) shall not be construed to create any such
right, title, or interest.’’;
(B) by inserting ‘‘(A)’’ after ‘‘(2)’’; and
(C) by designating the last sentence as
subparagraph (B) and conforming the margins
accordingly.
(c) ARREARAGES OWED BY MEMBERS OF THE UNI-
FORMED SERVICES.—Part D of title IV (42 U.S.C. 651–
669) is amended by inserting after section 465 the follow-
ing:
444
‘‘SEC. 465A. PAYMENT OF CHILD SUPPORT ARREARAGES
OWED BY MEMBERS OF THE UNIFORMED
SERVICES.
‘‘Any authority, requirement, or procedure provided
in this part or section 1408 of title 10, United States
Code, that applies to the payment of child support owed
by a member of the uniformed services (as defined in sec-
tion 101 of title 37, United States Code) shall apply to
the payment of child support arrearages as well as to
amounts of child support that are currently due.’’.
SEC. 42418. STATES REQUIRED TO ENACT THE UNIFORM
INTERSTATE FAMILY SUPPORT ACT.
(a) IN GENERAL.—Section 466 (42 U.S.C. 666) is
amended by adding at the end the following:
‘‘(f) In order to satisfy section 454(20)(A), each
State must have in effect laws which—
‘‘(1) adopt verbatim the officially approved ver-
sion of the Uniform Interstate Family Support Act
adopted by the National Conference of Commis-
sioners on Uniform State Laws in August 1992; and
‘‘(2) require the courts of the State to recognize
according to its terms an order issued by a court of
any other State adjudicating parentage of an indi-
vidual over whom the court of such other State has
exercised personal jurisdiction.’’.
445
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to payments under part D of
title IV of the Social Security Act for calendar quarters
ending 2 or more years after the date of the enactment
of this subtitle.
SEC. 42419. IRS RECONCILIATION PROCESS.
(a) IN GENERAL.—The Comptroller General and the
Secretary of the Treasury shall jointly conduct a study
of the feasibility of a procedure under which—
(1) past-due child support is collected from the
taxpayer owing such support by increasing the tax-
payer’s tax liability for a taxable year by the past-
due child support for such taxable year, and
(2) the Internal Revenue Service remits the col-
lected past-due child support to the individual or
governmental agency entitled to receive it.
(b) FORM.—As part of the study, the Secretary of
the Treasury shall develop an appropriate form which
could be filed with a taxpayer’s income tax return and
which shows—
(1) the child support required to be paid by the
taxpayer during the taxable year,
(2) the unpaid amount of such support as of
the time of filing the taxpayer’s income tax return
for such taxable year, and
446
(3) the name and address of the individual or
governmental agency entitled to receive any payment
of such unpaid amount.
(c) REPORT.—The report of such study shall be sub-
mitted to Congress not later than 1 year after the date
of the enactment of this subtitle.
SEC. 42420. DENIAL OF PASSPORTS TO NONCUSTODIAL
PARENTS SUBJECT TO STATE ARREST WAR-
RANTS IN CASES OF NONPAYMENT OF CHILD
SUPPORT.
The Secretary of State is authorized to refuse a pass-
port or revoke, restrict, or limit a passport in any case
in which the Secretary of State determines or is informed
by competent authority that the applicant or passport
holder is a noncustodial parent who is the subject of an
outstanding State warrant of arrest for nonpayment of
child support, where the amount in controversy is not less
than $10,000.
SEC. 42421. DENIAL OF FEDERAL BENEFITS, LOANS, GUAR-
ANTEES, AND EMPLOYMENT TO CERTAIN
PERSONS WITH LARGE CHILD SUPPORT AR-
REARAGES.
(a) BENEFITS, LOANS, AND GUARANTEES.—Not-
withstanding any other provision of law, each agency or
instrumentality of the Federal Government may not,
447
under any program that the agency or instrumentality su-
pervises or administers, provide a benefit to, make a loan
to, or provide any guarantee for the benefit of, any per-
son—
(1) whose child support arrearages, determined
under a court order or an order of an administrative
process established under State law, exceed $1,000;
and
(2) who is not in compliance with a plan or an
agreement to repay the arrearages.
(b) EMPLOYMENT.—
(1) IN GENERAL.—Notwithstanding any other
provision of law, an individual shall be considered in-
eligible to accept employment in a position in the
Federal Government if—
(A) such individual has child support ar-
rearages, determined under a court order or an
order of an administrative process established
under State law, exceeding $1,000; and
(B) such individual is not in compliance
with a plan or agreement to repay the arrear-
ages.
(2) REGULATIONS.—Regulations to carry out
paragraph (1) shall—
448
(A) with respect to positions in the execu-
tive branch, be prescribed by the President (or
his designee);
(B) with respect to positions in the legisla-
tive branch, be prescribed jointly by the Presi-
dent pro tempore of the Senate and the Speak-
er of the House of Representatives (or their
designees); and
(C) with respect to positions in the judicial
branch, be prescribed by the Chief Justice of
the United States (or his designee).
(3) CHILD SUPPORT DEFINED.—For purposes
of this subsection, the term ‘‘child support’’ has the
meaning given such term in section 462(b) of the
Social Security Act.
SEC. 42422. STATES REQUIRED TO ORDER COURTS TO
ALLOW ASSIGNMENT OF LIFE INSURANCE
BENEFITS TO SATISFY CHILD SUPPORT AR-
REARAGES.
Section 466(a) (42 U.S.C. 666(a)), as amended by
section 42416 of this subtitle, is amended by inserting
after paragraph (34) the following:
‘‘(35) Procedures allowing State courts to—
‘‘(A) order the issuer of a life insurance
policy to change the beneficiary provisions of
449
the policy to effect an assignment of the bene-
fits payable to a beneficiary under the policy, in
whole or in part, to a child to satisfy a child
support arrearage, determined under a court
order or an order of an administrative process
established under State law, owed by the bene-
ficiary with respect to the child; and
‘‘(B) prohibit the sale, assignment, or
pledge as collateral of the policy, in whole or in
part, by the beneficiary of the policy.’’.
SEC. 42423. INTERESTS IN JOINTLY HELD PROPERTY SUB-
JECT TO ASSIGNMENT TO SATISFY CHILD
SUPPORT ARREARAGES.
Section 466(a) (42 U.S.C. 666(a)), as amended by
section 42422 of this subtitle, is amended by inserting
after paragraph (35) the following:
‘‘(36) Procedures allowing State courts to order
the assignment of an interest in jointly held property
to an individual owed a child support arrearage (de-
termined under a court order or an order of an ad-
ministrative process established under State law) by
a holder of an interest in the property, to the extent
of the arrearage.’’.
450
SEC. 42424. 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 section 42301(a)(1) of this
subtitle, is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(26);
(2) by striking the period at the end of para-
graph (27) and inserting ‘‘; and’’; and
(3) by inserting after paragraph (27) the fol-
lowing:
‘‘(28) provide that the State must treat inter-
national child support cases in the same manner as
the State treats interstate child support cases.’’.
451
CHAPTER 5—COLLECTION AND
DISTRIBUTION
SEC. 42501. PRIORITIES IN DISTRIBUTION OF COLLECTED
CHILD SUPPORT.
(a) STATE DISTRIBUTION PLAN.—Section 457 (42
U.S.C. 657) is amended by adding at the end the follow-
ing:
‘‘(e) The amounts that a State collects as child sup-
port (including interest) pursuant to a plan approved
under this part, other than amounts so collected through
a tax refund offset, shall (subject to subsection (d)) be
paid—
‘‘(1) first to the individual owed the support or
(if the individual assigned to the State the payment
of the support) to the State, to the extent necessary
to satisfy the current month’s support obligation;
‘‘(2) then to the individual owed the support, to
the extent necessary to satisfy any arrearage that
accrued after assistance with respect to the child
under this title ended;
‘‘(3) then, at the option of the State—
‘‘(A) to the individual owed the support, to
the extent necessary to satisfy any arrearage
that accrued before assistance was provided
with respect to the child under this title; or
452
‘‘(B) to the State, to the extent necessary
to reimburse the State for assistance provided
with respect to the child under this title (with-
out interest); and
‘‘(4) then to other States, to the extent nec-
essary to reimburse such other States for assistance
provided with respect to the child under this title
(without interest), in the order in which such assist-
ance was provided.’’.
(b) STUDY AND PILOT PROJECTS.—
(1) IN GENERAL.—The Comptroller General of
the United States shall conduct studies and pilot
projects of systems under which States would be re-
quired to pay the child support collected pursuant to
a State plan approved under part D of title IV of
the Social Security Act to the individuals to whom
the support is owed before making any payment to
reimburse any State for assistance provided with re-
spect to the child under part A of such title.
(2) REPORT
TO
THE
CONGRESS.—Within 3
years after the date of the enactment of this sub-
title, the Comptroller General shall submit to the
Committee on Ways and Means of the House of
Representatives and the Committee on Finance of
the Senate a report on each study and pilot project
453
conducted pursuant to paragraph (1), including a
cost-benefit analysis and an analysis of the costs
that would be avoided under the program of aid to
families with dependent children under part A of
title IV of the Social Security Act, the program of
medical assistance under title XIX of such Act, and
the food stamp program under the Food Stamp Act
of 1977, if the various systems studied were imple-
mented.
(3) SENSE OF THE CONGRESS.—It is the sense
of the Congress that, if the report submitted pursu-
ant to paragraph (2) demonstrates that there would
be a net benefit to society if a system described in
paragraph (1) were implemented, then Federal law
should provide that States implement the system.
(c) REVISION OF FEDERAL INCOME TAX REFUND
OFFSET.—Section 6402 of the Internal Revenue Code of
1986 (relating to authority to make credits or refunds)
is amended—
(1) in subsection (c), by striking ‘‘after any
other reductions allowed by law (but before’’ and in-
serting ‘‘before any other reductions allowed by law
(and before’’; and
(2) in subsection (d), by striking ‘‘with respect
to past-due support collected pursuant to an assign-
454
ment under section 402(a)(26) of the Social Security
Act’’.
(d) $50 DISREGARDED
FOR ALL MEANS-TESTED
PROGRAMS.—Section 457(b)(1) (42 U.S.C. 657(b)(1)) is
amended by inserting ‘‘under this part or under any other
Federal program which determines eligibility for or the
amount of assistance based on the income or assets of the
applicant for or recipient of the assistance’’ after ‘‘during
such month’’.
(e) FILL-THE-GAP POLICIES ALLOWED.—Section
402(a)(28) (42 U.S.C. 602(a)(28)) is amended by striking
the open parenthesis and all that follows through the close
parenthesis.
SEC. 42502. STATE CLAIMS AGAINST NONCUSTODIAL PAR-
ENT LIMITED TO ASSISTANCE PROVIDED TO
THE CHILD.
Section 466(a) (42 U.S.C. 666(a)), as amended by
section 42423 of this subtitle, is amended by inserting
after paragraph (36) the following:
‘‘(37)(A) Procedures under which any claims
the State may have against a noncustodial parent
for a child’s portion of the assistance provided under
a State plan approved under part A shall not exceed
the amount specified as child support under a court
or administrative order.
455
‘‘(B) As used in subparagraph (A), the term
‘child’s portion’ means the assistance that would
have been provided with respect to the child if the
needs of the caretaker relative of the child had not
been taken into account in making the determination
with respect to the child’s family under section
402(a)(7).’’.
SEC. 42503. FEES FOR NON-AFDC CLIENTS.
(a) IN
GENERAL.—Section 454(6) (42 U.S.C.
654(6)) is amended—
(1) in subparagraph (B), by striking ‘‘or recov-
ered’’ and all that follows through ‘‘program)’’;
(2) in subparagraph (C), by inserting ‘‘on the
parent who owes the child or spousal support obliga-
tion involved’’ after ‘‘imposed’’;
(3) in subparagraph (D), by striking ‘‘individ-
ual who’’ and inserting ‘‘the noncustodial parent if
the child whose parentage is to be determined
through the tests’’; and
(4) in subparagraph (E), by striking all that
follows ‘‘may be collected’’ and inserting ‘‘from the
parent who owes the child or spousal support obliga-
tion involved, but only after all current and past-due
support and interest charges have been collected’’.
456
(b) PUBLICATION
OF FEE SCHEDULES.—Section
454(10) (42 U.S.C. 654(10)) is amended by inserting ‘‘,
and shall publish guidelines and schedules of fees which
may be imposed under paragraph (6), and which shall be
reasonable’’ before the semicolon.
SEC. 42504. COLLECTION AND DISBURSEMENT POINTS FOR
CHILD SUPPORT.
Section 454 (42 U.S.C. 654), as amended by section
42424(b) of this subtitle, is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(27);
(2) by striking the period at the end of para-
graph (28) and inserting ‘‘; and’’; and
(3) by inserting after paragraph (28) the fol-
lowing:
‘‘(29) provide for only 1 location, or several
local or regional locations for the collection of, ac-
counting for, and disbursement of child support in
cases enforced under the State plan under this
part.’’.
457
SEC. 42505. SENSE OF THE CONGRESS THAT STATES
SHOULD ENCOURAGE PARENTS TO USE THE
STATE CHILD SUPPORT AGENCY TO COLLECT
AND PROCESS CHILD SUPPORT PAYMENTS.
It is the sense of the Congress that States should en-
courage all parents to use the State child support agency
to process and distribute child support payments in order
to establish an official record of such payments.
CHAPTER 6—FEDERAL ROLE
SEC. 42601. PLACEMENT AND ROLE OF THE OFFICE OF
CHILD SUPPORT ENFORCEMENT.
Section 452(a) (42 U.S.C. 652(a)), as amended by
section 42401(b) of this subtitle, is amended—
(1) in the matter preceding paragraph (1), by
striking ‘‘, under the direction’’ and all that follows
through ‘‘and who’’ and inserting ‘‘which shall be
known as the Office of Child Support Enforcement,
shall be under the direction of an Assistant Sec-
retary appointed by the President with the advice
and consent of the Senate, and shall have its own
legal counsel. The Assistant Secretary shall report
directly to the Secretary and’’;
(2) in paragraph (10)—
(A) in subparagraph (A), by inserting
‘‘using a methodology that reflects cost-avoid-
458
ance as well as cost-recovery’’ after ‘‘the States
and the Federal Government’’;
(B) by redesignating subparagraphs (H)
and (I) as subparagraphs (I) and (J), respec-
tively; and
(C) by inserting after subparagraph (G)
the following:
‘‘(H) the budgetary allocation of the $50
pass through equally between part A and this
part;’’;
(3) by striking ‘‘and’’ at the end of paragraph
(13);
(4) by striking the period at the end of para-
graph (14) and inserting ‘‘; and’’; and
(5) by inserting after paragraph (14) the fol-
lowing:
‘‘(15) initiate and actively pursue with other
Federal agencies, such as the Department of De-
fense, coordinated efforts on Federal legislation.’’.
SEC. 42602. TRAINING.
(a) 
FEDERAL
TRAINING
ASSISTANCE.—Section
452(a)(7) (42 U.S.C. 652(a)(7)) is amended by inserting
‘‘and training’’ after ‘‘technical assistance’’.
459
(b) STATE TRAINING PROGRAM.—Section 454 (42
U.S.C. 654), as amended by section 42504 of this subtitle,
is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(28);
(2) by striking the period at the end of para-
graph (29) and inserting ‘‘; and’’; and
(3) by inserting after paragraph (29) the fol-
lowing:
‘‘(30) provide that the State will develop and
implement a training program under which training
is to be provided not less frequently than annually
to all personnel performing functions under the
State plan.’’.
(c) 
REPORT.—Section 
452(a)(10) 
(42 
U.S.C.
652(a)(10)), as amended by section 42601(2) of this sub-
title, is amended by redesignating subparagraphs (I) and
(J) as subparagraphs (J) and (K), respectively, and by
inserting after subparagraph (H) the following:
‘‘(I) the training activities at the Federal
and State levels, the training audit, and the
amounts expended on training;’’.
SEC. 42603. STAFFING.
(a) STUDIES.—The Secretary of Health and Human
Services shall conduct and, not later than 1 year after the
460
date of the enactment of this subtitle, complete staffing
studies for each State child support enforcement program,
including each agency and court involved in the child sup-
port process.
(b) REPORT TO THE CONGRESS.—Within 90 days
after the end of the 1-year period described in subsection
(a), the Secretary shall report to the Committee on Ways
and Means of the House of Representatives and the Com-
mittee on Finance of the Senate, and to each State, the
results of the studies required by subsection (a).
(c) IMPLEMENTATION.—The Secretary of Health and
Human Services shall reduce by 2 percent the amount oth-
erwise payable to a State pursuant to section 455(a)(1)(A)
of the Social Security Act for any calendar quarter ending
2 or more years after the State receives a report transmit-
ted pursuant to subsection (b), if the Secretary determines
that, during the quarter, the State has not implemented
the staffing levels recommended in the report.
SEC. 42604. DEMONSTRATION PROJECTS TO TEST ALTER-
NATIVE APPROACHES TO INCENTIVE FUND-
ING FOR STATE CHILD SUPPORT PROGRAMS.
(a) IN GENERAL.—The Secretary of Health and
Human Services shall authorize 3 States to carry out dem-
onstration projects under which—
461
(1) the State is to implement the State plan ap-
proved under part D of title IV of the Social Secu-
rity Act so as to promote quality control and provide
incentives for enforcement of health care support;
(2) in lieu of applying subsections (b) and (c)
of section 458 of such Act to the States, the incen-
tive payment to a State for a fiscal year shall be—
(A) not less than 65 percent of the total
amount expended to carry out the plan during
the fiscal year if the performance of the State
in implementing the plan meets such minimum
performance standards as the Secretary shall
prescribe by regulation; and
(B) not more than 90 percent of such total
amount if the performance significantly exceeds
the standards; and
(3) a payment to a State under this subsection
is deemed a payment to the State under such section
458.
(b) REPORT.—The Secretary of Health and Human
Services and the Comptroller General of the United States
shall evaluate each demonstration project carried out
under subsection (a) and report to the Committee on Ways
and Means of the House of Representatives and the Com-
462
mittee on Finance of the Senate the results and their rec-
ommendations.
(c) HEALTH CARE SUPPORT INCLUDED IN INCEN-
TIVE PAYMENT FORMULA.—Section 458 (42 U.S.C. 658)
is amended by adding at the end the following:
‘‘(f) For purposes of this section, the term ‘support’
includes premiums paid for health insurance coverage pur-
suant to a support order.’’.
(d) MINIMUM STATE FUNDING OF CHILD SUPPORT
ACTIVITIES.—The Secretary of Health and Human Serv-
ices shall reduce by 2 percent the amount otherwise pay-
able to a State pursuant to section 455(a)(1)(A) of the
Social Security Act for any of the 5 fiscal years that begin
after the date of the enactment of this subtitle (in this
subsection referred to as ‘‘investment years’’), if the Sec-
retary determines that, during the investment year, the
State has not expended on the program under the State
plan approved under part D of title IV of such an amount
equal to the sum of—
(1) the amount the State expends on the pro-
gram during the fiscal year in which this subtitle be-
comes law (in this subsection referred to as the
‘‘base year’’); plus
463
(2)(A) in the case of the 1st investment year,
60 percent of the amount paid to the State under
section 458 of such Act for the base year;
(B) in the case of the 2nd investment year, 70
percent of the amount so paid to the State;
(C) in the case of the 3rd investment year, 80
percent of the amount so paid to the State;
(D) in the case of the 4th investment year, 90
percent of the amount so paid to the State; and
(E) in the case of the 5th investment year, 100
percent of the amount so paid to the State.
(e) SENSE OF THE CONGRESS.—It is the sense of the
Congress that States should not use amounts paid to the
States pursuant to part D of title IV of the Social Security
Act, which are reinvested in child support activities, to
supplant State funding of such activities.
SEC. 42605. CHILD SUPPORT DEFINITION.
(a) IN GENERAL.—Section 452 (42 U.S.C. 652) is
amended by adding at the end the following:
‘‘(j) For purposes of this part, the term ‘child sup-
port’ shall have the meaning given such term in section
462(b).’’.
(b) CONFORMING AMENDMENTS.—Section 462(b)
(42 U.S.C. 662(b)) is amended—
464
(1) by inserting ‘‘and lump sum’’ after ‘‘peri-
odic’’, and
(2) by inserting ‘‘child care,’’ after ‘‘clothing,’’.
SEC. 42606. AUDITS.
(a) STUDY.—
(1) CONTRACT AUTHORITY.—The Secretary of
Health and Human Services shall enter into a con-
tract for a study of the audit process of the Office
of Child Support Enforcement to develop criteria
and methodology for auditing the activities of State
child support enforcement agencies pursuant to part
D of title IV of the Social Security Act.
(2) DESIGN OF STUDY.—The study shall be de-
signed to—
(A) identify ways to improve the auditing
process, including by—
(i) reducing the resources required to
perform the audit;
(ii) simplifying procedures for States
to follow in obtaining samples;
(iii) studying the feasibility of sam-
pling cases for needed action rather than
requiring sampling plans for each audit
criterion; and
465
(iv) a more timely audit period of re-
view; and
(B) develop a penalty process which—
(i) focuses on improving the delivery
of child support services and not harming
families;
(ii) uses a penalty not tied to any re-
duction of funds payable to States under
part A of title IV of the Social Security
Act; and
(iii) should include the escrowing of
funds withheld as penalties for use by
States to improve their child support pro-
grams in a manner approved by the Sec-
retary of Health and Human Services.
(b) REPORT.—Not later than 90 days after comple-
tion of the study required by subsection (a), the Secretary
of Health and Human Services shall submit to the Com-
mittee on Ways and Means of the House of Representa-
tives and the Committee on Finance of the Senate a report
on the results of the study.
(c) LIMITATION ON CASES INCLUDED IN AUDITS.—
Section 452(a)(4) (42 U.S.C. 652(a)(4)) is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(4)’’;
(2) by adding ‘‘and’’ at the end; and
466
(3) by adding after and below the end the
following:
‘‘(B) notwithstanding subparagraph (A), each
audit under subparagraph (A) shall be limited to
cases open on the date the audit begins and cases
closed within 180 days before such date, unless the
Secretary has determined, in accordance with regula-
tions, that there is a need for a longitudinal review
of case handling that includes cases that have been
closed for more than 180 days;’’.
SEC. 42607. CHILD SUPPORT ASSURANCE DEMONSTRATION
PROJECTS.
(a) SENSE OF THE CONGRESS.—It is the sense of the
Congress that children should have a consistent source of
income to meet their education and medical needs.
(b) SENSE OF THE CONGRESS.—It is the sense of
the Congress that the provision of public assistance to a
custodial parent for the support of a child with respect
to whom a noncustodial parent owes child support does
not absolve the noncustodial parent of the obligation to
provide such support.
(c) SENSE OF THE CONGRESS.—It is the sense of the
Congress that the States must continue to vigorously pur-
sue efforts to establish parentage, and establish and en-
force child support obligations.
467
(d) CHILD SUPPORT ASSURANCE DEMONSTRATION
PROJECTS.—
(1) PURPOSE.—The purpose of this subsection
is to test the feasibility and utility of ensuring that
custodial parents owed child support have a consist-
ent source of income for the support of their chil-
dren, by authorizing States to conduct projects dem-
onstrating various methods for doing so.
(2) CONSIDERATION OF APPLICATIONS.—
(A) 
IN
GENERAL.—The 
Secretary 
of
Health and Human Services (in this section re-
ferred to as the ‘‘Secretary’’) shall consider ap-
plications to conduct demonstration projects
under this subsection received only from eligible
States.
(B) ELIGIBLE STATE DEFINED.—For pur-
poses of subparagraph (A), a State is an eligi-
ble State if—
(i) the child support collection ratio
for the State for the most recent fiscal
year for which such information is avail-
able exceeds the child support collection
ratio for the United States for the fiscal
year; or
468
(ii) AFDC support collection ratio for
the State for the most recent fiscal year
for which such information is available ex-
ceeds the AFDC support collection ratio
for the United States for the fiscal year.
(C) 
CHILD
SUPPORT
COLLECTION
RATIO.—As used in subparagraph (B), the term
‘‘child support collection ratio’’ means, with re-
spect to a fiscal year—
(i) for a State—
(I) the total amount expended by
the State during the fiscal year for
the operation of the plan approved
under section 454 of the Social Secu-
rity Act; divided by
(II) the total amount of support
collected by the State during the fiscal
year in all cases under part D of title
IV of such Act; and
(ii) for the United States—
(I) the total amount expended by
the States during the fiscal year for
the operation of the plans approved
under such section; divided by
469
(II) the total amount of support
collected by the States during the fis-
cal year in all cases under such part.
(D) 
AFDC 
SUPPORT
COLLECTION
RATIO.—As used in subparagraph (B), the term
‘‘AFDC support collection ratio’’ means, with
respect to a fiscal year—
(i) for a State—
(I) the total amount expended by
the State during the fiscal year for
the operation of the plan approved
under section 454 of the Social Secu-
rity Act; divided by
(II) the total amount of support
collected by the State under the plan
during the fiscal year in cases in
which the support obligation involved
is assigned to the State pursuant to
section 
402(a)(26) 
or 
section
471(a)(17) of such Act; and
(ii) for the United States—
(I) the total amount expended by
the States during the fiscal year for
the operation of the plans approved
under such section 454; divided by
470
(II) the total amount of support
collected by the States under the
plans during the fiscal year in cases in
which the support obligation involved
is assigned to a State pursuant to sec-
tion 402(a)(26) or section 471(a)(17)
of such Act.
(3) APPLICATION REQUIREMENTS.—Each appli-
cation of a State to conduct a demonstration project
under this subsection must describe a demonstration
project that meets the following requirements:
(A) PROJECT
BENEFICIARIES.—A child
support assurance benefit is payable under the
project to the caretaker of a child if—
(i) the child is an eligible child; and
(ii) the caretaker has applied for serv-
ices under the State plan approved under
part D of title IV of the Social Security
Act.
(B) ELIGIBLE CHILDREN.—A child is an
eligible child if—
(i) the child resides in the State;
(ii) the child has a living noncustodial
parent;
471
(iii) a good faith effort has been made
to seek or enforce an order for such parent
to provide support for the child, or there is
good cause for not seeking or enforcing
such an order; and
(iv) any rights to support owed the
child have been assigned to the State, to
the extent of the child support assurance
benefits received with respect to the child
under the project.
(C) AMOUNT OF CHILD SUPPORT ASSUR-
ANCE BENEFIT.—The amount of the child sup-
port assurance benefit payable under the
project to the caretaker of 1 or more eligible
children is the amount by which—
(i) the child support assurance thresh-
old; exceeds
(ii) the dollar value of the child sup-
port (if any) received during the month by
the caretaker from the noncustodial parent
for the support of any eligible child.
(D) CHILD SUPPORT ASSURANCE THRESH-
OLD.—The child support assurance threshold is
1⁄12 of—
472
(i) $2,000 for the 1st eligible child;
plus
(ii) $1,000 for the 2nd eligible child
(if any); plus
(iii) $500 for each subsequent eligible
child (if any).
(4) METHODS TO BE TESTED.—In approving
applications to conduct demonstration projects under
this subsection, the Secretary shall ensure that the
applications approved under this subsection describe
projects which, in the aggregate, are designed to test
the following:
(A) 
ADMINISTRATIVE
VERSUS
OTHER
PROCESSING.—The feasibility of implementing
a statewide child support assurance benefit in a
State which processes child support and parent-
age cases administratively, as opposed to the
feasibility of implementing such a benefit in a
State which processes such cases only judicially
or quasi-judicially.
(B) ALLOWANCE OF GOOD CAUSE EXCEP-
TIONS.—The effects of prohibiting the provision
of a child support assurance benefit with re-
spect to a child unless an order for the support
of the child has been established and the care-
478
Revenue Code of 1986 is amended by adding at the
end thereof the following new item:
‘‘Part IX—Contributions for Children’s Trust Fund.’’.
(3) EFFECTIVE DATE.—The amendments made
by this subsection shall apply to taxable years begin-
ning after December 31, 1994.
(b) 
ESTABLISHMENT
OF
CHILDREN’S
TRUST
FUND.—
(1) IN GENERAL.—Subchapter A of chapter 98
of the Internal Revenue Code of 1986 (relating to
the trust fund code) is amended by adding at the
end thereof the following new section:
‘‘SEC. 9512. CHILDREN’S TRUST FUND.
‘‘(a) CREATION OF TRUST FUND.—There is estab-
lished in the Treasury of the United States a trust fund
to be known as the ‘Children’s Trust Fund’, consisting
of such amounts as may be appropriated or credited to
the Trust Fund as provided in this section or section
9602(b).
‘‘(b) TRANSFER TO CHILDREN’S TRUST FUND OF
AMOUNTS DESIGNATED.—There is hereby appropriated to
the Children’s Trust Fund amounts equivalent to the
amounts contributed to such Trust Fund under section
6097.
‘‘(c) EXPENDITURES FROM TRUST FUND.—
479
‘‘(1) IN GENERAL.—Amounts in the Children’s
Trust Fund shall be available for making expendi-
tures for programs regarding child support and the
specific mandates described in part D of title IV of
the Social Security Act, especially such mandates es-
tablished by the amendments made by the Economic
Equity Act of 1996.
‘‘(2) ADMINISTRATIVE EXPENSES.—Amounts in
the Children’s Trust Fund shall be available to pay
the administrative expenses of the Department of
the Treasury directly allocable to—
‘‘(A) modifying the individual income tax
return forms to carry out section 6097,
‘‘(B) carrying out this chapter with respect
to such Trust Fund, and
‘‘(C) processing amounts received under
section 6097 and transferring such amounts to
such Trust Fund.’’.
(2) CLERICAL AMENDMENT.—The table of sec-
tions for subchapter A of chapter 98 of the Internal
Revenue Code of 1986 is amended by adding at the
end thereof the following new item:
‘‘Sec. 9512. Children’s Trust Fund.’’.
480
SEC. 42609. STUDY OF REASONS FOR NONPAYMENT OF
CHILD SUPPORT; REPORT.
(a) STUDY.—The Comptroller General of the United
States shall—
(1) conduct a study of the causes of delin-
quency in the payment of child support, including
the nonpayment of child support by noncustodial
parents and failure of custodial parents to cooperate
in the collection of child support; and
(2) if a sufficient number of studies of this
matter are available, review the studies.
(b) REPORT TO THE CONGRESS.—Within 1 year after
the date of the enactment of this subtitle, the Comptroller
General shall submit to the Committee on Ways and
Means of the House of Representatives and the Committee
on Finance of the Senate, and to the Office of Child Sup-
port Enforcement, a report that contains the results of
the study required by subsection (a), and a consolidated
summary of the studies described in subsection (a)(2).
SEC. 42610. STUDY OF EFFECTIVENESS OF ADMINISTRA-
TIVE PROCESSES; REPORT.
(a) STUDY.—The Comptroller General of the United
States shall conduct a study of the effectiveness of the
processing of child support and parentage cases in States
that use administrative processes as compared with States
that use judicial or quasi-judicial processes.
501
‘‘(i) accessing the records of other
State agencies and sources of locate infor-
mation directly from one computer system
to another; and
‘‘(ii) accessing Federal sources of lo-
cate information in the same fashion;
‘‘(B) access the files of other States to de-
termine whether there are other child support
orders involving the same absent parent, and
obtain the details of any such order;
‘‘(C) provide for both on-line and batch
processing of locate requests, with on-line ac-
cess restricted to cases in which the information
is needed immediately (for such reasons as
court appearances) and batch processing used
to ‘troll’ data bases to locate individuals or up-
date information periodically; and
‘‘(D) direct locate requests to individual
States or Federal agencies, broadcast requests
to selected States, or broadcast cases to all
States when there is no indication of the source
of needed information;
‘‘(2) provide for a maximum of 48-hour turn-
around time for information to be broadcast and re-
turned to a requesting State; and