I
106TH CONGRESS
2D SESSION
H. R. 4678
To provide more child support money to families leaving welfare, to simplify
the rules governing the assignment and distribution of child support
collected by States on behalf of children, to improve the collection of
child support, to promote marriage, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 15, 2000
Mrs. JOHNSON of Connecticut (for herself, Mr. CAMP, and Mr. ENGLISH) in-
troduced the following bill; which was referred to the Committee on Ways
and Means, and in addition to the Committees on the Judiciary, and
Education and the Workforce, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
A BILL
To provide more child support money to families leaving
welfare, to simplify the rules governing the assignment
and distribution of child support collected by States on
behalf of children, to improve the collection of child sup-
port, to promote marriage, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Child Support Dis-
tribution Act of 2000’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—DISTRIBUTION OF CHILD SUPPORT
Sec. 101. Distribution of child support collected by States on behalf of children
receiving certain welfare benefits.
TITLE II—REVIEW AND ADJUSTMENT OF CHILD SUPPORT
ORDERS
Sec. 201. Mandatory review and modification of child support orders for TANF
recipients.
TITLE III—EXPANDED INFORMATION AND ENFORCEMENT
Sec. 301. Guidelines for involvement of public non-IV–D and private agencies
in child support enforcement.
Subtitle A—State Option to Provide Information and Enforcement
Mechanisms to Public Non-IV–D Child Support Enforcement Agencies
Sec. 311. Establishment and enforcement of child support obligations by public
non-IV–D child support enforcement agencies.
Sec. 312. Use of certain enforcement mechanisms.
Sec. 313. Effective date.
Subtitle B—State Option to Provide Information and Enforcement
Mechanisms to Private Child Support Enforcement Agencies
Sec. 321. Establishment and enforcement of child support obligations by pri-
vate child support enforcement agencies.
Sec. 322. Use of certain enforcement mechanisms.
Sec. 323. Effective date.
TITLE IV—EXPANDED ENFORCEMENT
Sec. 401. Decrease in amount of child support arrearage triggering passport
denial.
Sec. 402. Use of tax refund intercept program to collect past-due child support
on behalf of children who are not minors.
TITLE V—FATHERHOOD PROGRAMS
Subtitle A—Fatherhood Grant Program
Sec. 501. Fatherhood grants.
Subtitle B—Fatherhood Projects of National Significance
Sec. 511. Fatherhood projects of national significance.
TITLE VI—MISCELLANEOUS
Sec. 601. Change dates for abstinence evaluation.
Sec. 602. Report on undistributed child support payments.
Sec. 603. Use of new hire information to assist in administration of unemploy-
ment compensation programs.
Sec. 604. Immigration provisions.
Sec. 605. Correction of errors in conforming amendments in the Welfare-To-
Work and Child Support Amendments of 1999.
Sec. 606. Elimination of set-aside of welfare-to-work funds for successful per-
formance bonus.
TITLE VII—EFFECTIVE DATE
Sec. 701. Effective date.
TITLE I—DISTRIBUTION OF
CHILD SUPPORT
SEC. 101. DISTRIBUTION OF CHILD SUPPORT COLLECTED
BY STATES ON BEHALF OF CHILDREN RE-
CEIVING CERTAIN WELFARE BENEFITS.
(a) MODIFICATION OF RULE REQUIRING ASSIGN-
MENT OF SUPPORT RIGHTS AS A CONDITION OF RECEIV-
ING TANF.—Section 408(a)(3) of the Social Security Act
(42 U.S.C. 608(a)(3)) is amended to read as follows:
‘‘(3) NO ASSISTANCE FOR FAMILIES NOT AS-
SIGNING
CERTAIN
SUPPORT
RIGHTS
TO
THE
STATE.—A State to which a grant is made under
section 403 shall require, as a condition of providing
assistance to a family under the State program
funded under this part, that a member of the family
assign to the State any rights the family member
may have or acquire (on behalf of the family mem-
ber or of any other person for whom the family
member has applied for or is receiving such assist-
ance) to support from any other person for any pe-
riod for which the family receives assistance under
the program, in an amount equal to the lesser of—
‘‘(A) the number of months for which the
family receives or has received assistance from
the State (within the meaning of section 457)
and for which there is in effect a support order
on behalf of the family member or such other
person, multiplied by the amount of monthly
support awarded by the order; or
‘‘(B) the total amount of assistance so pro-
vided to the family.’’.
(b) INCREASING CHILD SUPPORT PAYMENTS
TO
FAMILIES AND SIMPLIFYING CHILD SUPPORT DISTRIBU-
TION RULES.—
(1) DISTRIBUTION RULES.—
(A) IN GENERAL.—Section 457(a) of such
Act (42 U.S.C. 657(a)) is amended to read as
follows:
‘‘(a) IN GENERAL.—Subject to subsections (d) and
(e), the amounts collected on behalf of a family as support
by a State pursuant to a plan approved under this part
shall be distributed as follows:
‘‘(1) FAMILIES RECEIVING ASSISTANCE.—In the
case of a family receiving assistance from the State,
the State shall—
‘‘(A) pay to the Federal Government the
Federal share of the amount collected, subject
to paragraph (3)(A);
‘‘(B) retain, or pay to the family, the State
share of the amount collected, subject to para-
graph (3)(B); and
‘‘(C) pay to the family any remaining
amount.
‘‘(2) FAMILIES THAT FORMERLY RECEIVED AS-
SISTANCE.—In the case of a family that formerly re-
ceived assistance from the State:
‘‘(A) CURRENT SUPPORT.—To the extent
that the amount collected does not exceed the
current support amount, the State shall pay the
amount to the family.
‘‘(B) ARREARAGES.—To the extent that
the amount collected exceeds the current sup-
port amount, the State—
‘‘(i) shall first pay to the family the
excess amount, to the extent necessary to
satisfy support arrearages not assigned
pursuant to section 408(a)(3);
‘‘(ii) if the amount collected exceeds
the amount required to be paid to the fam-
ily under clause (i), shall—
‘‘(I) pay to the Federal Govern-
ment, the Federal share of the excess
amount described in this clause, sub-
ject to paragraph (3)(A); and
‘‘(II) retain, or pay to the family,
the State share of the excess amount
described in this clause, subject to
paragraph (3)(B); and
‘‘(iii) shall pay to the family any re-
maining amount.
‘‘(3) LIMITATIONS.—
‘‘(A) FEDERAL
REIMBURSEMENTS.—The
total of the amounts paid by the State to the
Federal Government under paragraphs (1) and
(2) of this subsection with respect to a family
shall not exceed the Federal share of the
amount assigned with respect to the family pur-
suant to section 408(a)(3).
‘‘(B) 
STATE
REIMBURSEMENTS.—The
total of the amounts retained by the State
under paragraphs (1) and (2) of this subsection
with respect to a family shall not exceed the
State share of the amount assigned with respect
to the family pursuant to section 408(a)(3).
‘‘(4) FAMILIES THAT NEVER RECEIVED ASSIST-
ANCE.—In the case of any other family, the State
shall pay the amount collected to the family.
‘‘(5) 
FAMILIES
UNDER
CERTAIN
AGREE-
MENTS.—Notwithstanding paragraphs (1) through
(4), in the case of an amount collected for a family
in accordance with a cooperative agreement under
section 454(33), the State shall distribute the
amount collected pursuant to the terms of the agree-
ment.
‘‘(6) STATE FINANCING OPTIONS.—To the ex-
tent that the State share of the amount payable to
a family for a month pursuant to paragraph (2)(B)
of this subsection exceeds the amount that the State
estimates (under procedures approved by the Sec-
retary) would have been payable to the family for
the month pursuant to former section 457(a)(2) (as
in effect for the State immediately before the date
this subsection first applies to the State) if such
former section had remained in effect, the State may
elect to use the grant made to the State under sec-
tion 403(a) to pay the amount, or to have the pay-
ment considered a qualified State expenditure for
purposes of section 409(a)(7), but not both. For
purposes of section 455, any such payment from the
grant made to the State under section 403(a) shall
be considered an amount expended for the operation
of the plan approved under section 454.’’.
(B) APPROVAL
OF
ESTIMATION
PROCE-
DURES.—Not later than October 1, 2001, the
Secretary of Health and Human Services, in
consultation with the States (as defined for
purposes of part D of title IV of the Social Se-
curity Act), shall establish the procedures to be
used to make the estimate described in section
457(a)(6) of such Act.
(2) CURRENT
SUPPORT
AMOUNT
DEFINED.—
Section 457(c) of such Act (42 U.S.C. 657(c)) is
amended by adding at the end the following:
‘‘(5) CURRENT SUPPORT AMOUNT.—The term
‘current support amount’ means, with respect to
amounts collected as support on behalf of a family,
the amount designated as the monthly support obli-
gation of the noncustodial parent in the order re-
quiring the support.’’.
(3) CONVERSION OF PERMANENTLY ASSIGNED
CHILD SUPPORT OBLIGATIONS.—Section 457(b) of
such Act (42 U.S.C. 657(b)) is amended by insert-
ing ‘‘until October 1, 2007 (or such earlier date as
the State may select)’’ before the period.
(c) BAN ON RECOVERY OF MEDICAID COSTS FOR
CERTAIN BIRTHS.—Section 454 of such Act (42 U.S.C.
654) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(32);
(2) by striking the period at the end of para-
graph (33) and inserting ‘‘; and’’; and
(3) by inserting after paragraph (33) the fol-
lowing:
‘‘(34) provide that the State shall not use the
State program operated under this part to collect
any amount owed to the State by reason of costs in-
curred under the State plan approved under title
XIX for the birth of a child for whom support rights
have been assigned pursuant to section 408(a)(3),
471(a)(17), or 1912.’’.
(d) CONFORMING AMENDMENTS.—
(1) Section 409(a)(7)(B)(i)(I)(aa) of such Act
(42 U.S.C. 609(a)(7)(B)(i)(I)(aa)) is amended by
striking 
‘‘457(a)(1)(B)’’ 
and 
inserting
‘‘457(a)(1)(B)(ii)’’.
(2) Section 404(a) of such Act (42 U.S.C.
604(a)) is amended—
(A) by striking ‘‘or’’ at the end of para-
graph (1);
(B) by striking the period at the end of
paragraph (2) and inserting ‘‘; or’’; and
(C) by adding at the end the following:
‘‘(3) to fund payment of an amount pursuant to
section 457(a)(2)(B)(i), but only to the extent that
the State properly elects under section 457(a)(6) to
use the grant to fund the payment.’’.
(3) Section 409(a)(7)(B)(i) of such Act (42
U.S.C. 609(a)(7)(B)(i)) is amended by adding at the
end the following:
‘‘(V) 
PORTIONS
OF
CERTAIN
CHILD
SUPPORT
PAYMENTS
COL-
LECTED ON BEHALF OF AND DISTRIB-
UTED TO FAMILIES NO LONGER RE-
CEIVING
ASSISTANCE.—Any amount
paid by a State pursuant to section
457(a)(2)(B)(i), but only to the extent
that the State properly elects under
section 457(a)(6) to have the payment
considered a qualified State expendi-
ture.’’.
(e) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by
this section shall take effect on October 1, 2005,
and shall apply to payments under parts A and D
of title IV of the Social Security Act for calendar
quarters beginning on or after such date, and with-
out regard to whether regulations to implement such
amendments (in the case of State programs operated
under such part D) are promulgated by such date.
(2) STATE OPTION TO ACCELERATE EFFECTIVE
DATE.—In addition, a State may elect to have the
amendments made by this section apply to the State
and to amounts collected by the State, on and after
such date as the State may select that is after the
date of the enactment of this Act and before October
1, 2005.
TITLE II—REVIEW AND ADJUST-
MENT OF CHILD SUPPORT
ORDERS
SEC. 201. MANDATORY REVIEW AND MODIFICATION OF
CHILD SUPPORT ORDERS FOR TANF RECIPI-
ENTS.
(a) 
REVIEW
EVERY
YEARS.—Section
466(a)(10)(A)(i) of the Social Security Act (42 U.S.C.
666(a)(10)(A)(i)) is amended—
(1) by striking ‘‘or,’’ and inserting ‘‘or’’; and
(2) by striking ‘‘upon the request of the State
agency under the State plan or of either parent,’’.
(b) REVIEW UPON LEAVING TANF.—
(1) NOTICE
OF
CERTAIN
FAMILIES
LEAVING
TANF.—Section 402(a) of such Act (42 U.S.C.
602(a)) is amended by adding at the end the fol-
lowing:
‘‘(8) CERTIFICATION
THAT
THE
CHILD
SUP-
PORT ENFORCEMENT PROGRAM WILL BE PROVIDED
NOTICE OF CERTAN FAMILIES LEAVING TANF PRO-
GRAM.—A certification by the chief executive officer
of the State that the State has established proce-
dures to ensure that the State agency administering
the child support enforcement program under the
State plan approved under part D will be provided
notice of the impending discontinuation of assistance
to an individual under the State program funded
under this part if the individual has custody of a
child whose other parent is alive and not living at
home with the child.’’.
(2) REVIEW.—Section 466(a)(10) of such Act
(42 U.S.C. 666(a)(10)) is amended—
(A) in the paragraph heading, by striking
‘‘UPON REQUEST’’;
(B) in subparagraph (C), by striking ‘‘this
paragraph’’ and inserting ‘‘subparagraph (A) or
(B)’’; and
(C) by adding at the end the following:
‘‘(D) REVIEW UPON LEAVING TANF.—On
receipt of a notice issued pursuant to section
402(a)(8), the State child support enforcement
agency shall—
‘‘(i) examine the case file involved;
‘‘(ii) determine what actions (if any)
are needed to locate any noncustodial par-
ent, establish paternity or a support order,
or enforce a support order in the case;
‘‘(iii) immediately take the actions;
and
‘‘(iv) if there is a support order in the
case which the State has not reviewed dur-
ing the 1-year period ending with receipt
of the notice, notwithstanding subpara-
graph (B), review and, if appropriate, ad-
just the order in accordance with subpara-
graph (A).’’.
TITLE III—EXPANDED INFORMA-
TION AND ENFORCEMENT
SEC. 301. GUIDELINES FOR INVOLVEMENT OF PUBLIC NON-
IV–D AND PRIVATE AGENCIES IN CHILD SUP-
PORT ENFORCEMENT.
(a) IN GENERAL.—The Secretary of Health and
Human Services, in consultation with States (as defined
for purposes of part D of title IV of the Social Security
Act), local governments, and individuals or companies
knowledgable about involving entities, other than State
agencies operating child support enforcement programs
under such part, in child support enforcement, shall de-
velop separate sets of recommendations which address the
participation of public non-IV–D child support enforce-
ment agencies (as defined in section 466(h) of such Act)
and private child support enforcement agencies (as defined
in section 466(i) of such Act) in child support enforcement
pursuant to the amendments made by this title. The mat-
ters addressed by the recommendations shall include sub-
stantive and procedural rules which should be followed
with respect to privacy safeguards, data security, due
process rights, administrative compatibility with State and
Federal automated systems, eligibility requirements (such
as registration, licensing, and posting of bonds) for access
to information and use of enforcement mechanisms, recov-
ery of costs by charging fees, and penalties for violations
of the rules.
(b) ISSUANCE OF REPORT.—Not later than October
1, 2001, the Secretary of Health and Human Services
shall issue to the general public a written report con-
taining the separate sets of recommendations required by
subsection (a).
(c) EFFECTIVE DATE.—This section shall take effect
on the date of the enactment of this Act.
Subtitle A—State Option to Pro-
vide Information and Enforce-
ment 
Mechanisms 
to 
Public
Non-IV–D Child Support En-
forcement Agencies
SEC. 311. ESTABLISHMENT AND ENFORCEMENT OF CHILD
SUPPORT OBLIGATIONS BY PUBLIC NON-IV–D
CHILD SUPPORT ENFORCEMENT AGENCIES.
(a) STATE PLAN REQUIREMENTS.—Section 454 of
the Social Security Act (42 U.S.C. 654), as amended by
section 101(c) of this Act, is amended—
(1) in paragraph (33), by striking ‘‘and’’ at the
end;
(2) in paragraph (34), by striking the period
and inserting ‘‘; and’’; and
(3) by inserting after paragraph (34) the fol-
lowing:
‘‘(35) at the option of the State, provide that—
‘‘(A) subject to the privacy safeguards of
paragraph (26), the State agency responsible
for administering the State plan under this part
may provide to a public non-IV–D child support
enforcement agency (as defined in section
466(h)) all information in the State Directory
of New Hires and any information obtained
through information comparisons under section
453(j)(3) about an individual with respect to
whom the public agency is seeking to establish
or enforce a child support obligation, if the pub-
lic agency meets such requirements as the State
may establish and has entered into an agree-
ment with the State under which the public
agency has made a binding commitment to
carry out establishment and enforcement activi-
ties with respect to the child support obligation
subject to the same data security, privacy pro-
tection, and due process requirements applica-
ble to the State agency and in accordance with
procedures approved by the head of the State
agency;
‘‘(B) the State agency may charge and col-
lect fees from any such public agency to recover
costs incurred by the State agency in providing
information and services to the public agency
pursuant to this part.’’.
(b) PUBLIC NON-IV–D CHILD SUPPORT ENFORCE-
MENT AGENCY DEFINED.—Section 466 of such Act (42
U.S.C. 666) is amended by adding at the end the fol-
lowing:
‘‘(h) PUBLIC NON-IV–D CHILD SUPPORT ENFORCE-
MENT AGENCY DEFINED.—In this part, the term ‘public
non-IV–D child support enforcement agency’ means an
agency, of a political subdivision of a State, which is prin-
cipally responsible for the operation of a child support reg-
istry or for the establishment or enforcement of an obliga-
tion to pay child support (as defined in section 459(i)(2))
other than pursuant to the State plan approved under this
part.’’.
SEC. 312. USE OF CERTAIN ENFORCEMENT MECHANISMS.
(a) FEDERAL TAX REFUND INTERCEPT.—
(1) ADDITIONAL STATE PLAN REQUIREMENT.—
Section 454(35) of the Social Security Act, as added
by section 311(a) of this Act, is amended—
(1) by striking the period at the end of sub-
paragraph (B) and inserting ‘‘; and’’; and
(2) by adding at the end the following:
‘‘(C) the State agency may transmit to the
Secretary of the Treasury pursuant to section
464 a notice submitted by a public non-IV–D
child support enforcement agency (in such form
and manner as the State agency may prescribe)
that a named individual owes past-due child
support (as defined in section 464(c)) which the
public agency has agreed to collect, and may
collect from the public agency any fee which the
State is required to pay for the cost of applying
the offset procedure in the case.’’.
(2) CONFORMING AMENDMENTS.—Section 464
of such Act (42 U.S.C. 664) is amended—
(A) in subsection (a)(2)(A)—
(i) in the 1st sentence, by striking
‘‘, and that the State agency’’ and insert-
ing ‘‘or which a public non-IV–D child sup-
port enforcement agency in the State has
agreed to collect, and that the State agen-
cy (or the public non-IV–D child support
enforcement agency)’’; and
(ii) in the 2nd sentence, by striking
‘‘he’’ and inserting ‘‘the Secretary of the
Treasury’’; and
(B) in subsection (a)(3)(A)—
(i) in the 1st sentence, by inserting
‘‘(or, in the case the State is acting on be-
half of a public non-IV–D child support
enforcement agency, the public non-IV–D
child support enforcement agency)’’ after
‘‘the State’’; and
(ii) in the 2nd sentence, by inserting
‘‘(or, as applicable, the public non-IV–D
child support enforcement agency’s)’’ after
‘‘State’s’’.
(b) REPORTING
ARREARAGES
TO
CREDIT
BU-
REAUS.—Section 466(a)(7)(A) of such Act (42 U.S.C.
666(a)(7)(A)) is amended by inserting ‘‘, and allowing the
State to include in the report similar information provided
(in such form and manner as the State agency may pre-
scribe) by a public non-IV–D child support enforcement
agency’’ before the period.
(c) PASSPORT SANCTIONS.—Section 454(31) of such
Act (42 U.S.C. 654(31)) is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (A);
(2) by adding ‘‘and’’ at the end of subpara-
graph (B); and
(3) by adding at the end the following:
‘‘(C) the State agency may include in the
certification any such determination, notice of
which is provided to the State agency (in such
form and manner as the State agency may re-
quire) by a public non-IV–D child support en-
forcement agency;’’.
(d) FINANCIAL INSTITUTION DATA MATCHES.—
(1) IN GENERAL.—Section 466(a)(17) of such
Act (42 U.S.C. 666(a)(17)) is amended by redesig-
nating subparagraph (D) as subparagraph (E) and
inserting after subparagraph (C) the following:
‘‘(D) COORDINATION WITH PUBLIC NON-
IV–D
CHILD
SUPPORT
ENFORCEMENT
AGEN-
CIES.—The identifying information described in
subparagraph (A)(i) which is provided by the
State may include any such identifying informa-
tion that is provided to the State agency by a
public non-IV–D child support enforcement
agency in such form and manner as the State
agency may require.’’.
(2) LIABILITY PROTECTIONS.—Section 469A(d)
of such Act (42 U.S.C. 669a(d)) is amended by add-
ing at the end the following:
‘‘(3) STATE
CHILD
SUPPORT
ENFORCEMENT
AGENCY.—The term ‘State child support enforce-
ment agency’ includes, with respect to a financial
record of an individual, a public non-IV–D child sup-
port enforcement agency if the public agency is seek-
ing to establish or enforce a child support obligation
with respect to the individual pursuant to an agree-
ment described in section 454(35)(A).’’.
(e) USE OF INCOME WITHHOLDING FOR UNEMPLOY-
MENT INSURANCE BENEFITS.—
(1) DISCLOSURE OF WAGE INFORMATION.—Sec-
tion 303(e)(1) of such Act (42 U.S.C. 503(e)(1)) is
amended by striking the second sentence and insert-
ing the following:
‘‘For purposes of this subsection, the term ‘child support
obligations’ means obligations to pay child support (as de-
fined in section 459(i)(2) of the Social Security Act).’’.
(2) 
AUTHORITY
TO
WITHHOLD.—Section
303(e)(2)(A) of such Act (42 U.S.C. 503(e)(2)(A))
is amended—
(A) in clause (i), by inserting ‘‘and the
identity and location of the State or local child
support enforcement agency enforcing the obli-
gations (to the extent known)’’ before the
comma;
(B) 
in 
clause 
(iii)(III), 
by 
striking
‘‘462(e)’’ and inserting ‘‘459(i)(5)’’; and
(C) in the matter following clause (iv), by
striking ‘‘his’’ and inserting ‘‘the individual’s’’.
(3) 
CONFORMING
AMENDMENT.—Section
303(e)(4) of such Act (42 U.S.C. 503(e)(4)) is
amended by striking ‘‘the last sentence of paragraph
(1)’’ and inserting ‘‘section 454 which has been ap-