H. R. 2491—782
cate, permit, or other authorization to engage in a
profession, an occupation, or a commercial activity
shall require all applicants for issuance or renewal
of the license, certificate, permit, or other authorization
to provide the applicant’s social security number to
the agency for the purpose of administering such laws,
and for the purpose of responding to requests for
information from an agency operating pursuant to part
D of title IV.
‘‘(xi) All divorce decrees, support orders, and pater-
nity determinations issued, and all paternity acknowl-
edgments made, in each State shall include the social
security number of each party to the decree, order,
determination, or acknowledgement in the records
relating to the matter, for the purpose of responding
to requests for information from an agency operating
pursuant to part D of title IV.’’.
CHAPTER 3—STREAMLINING AND UNIFORMITY OF
PROCEDURES
SEC. 12321. ADOPTION OF UNIFORM STATE LAWS.
Section 466 (42 U.S.C. 666) is amended by adding at the end
the following new subsection:
‘‘(f) UNIFORM INTERSTATE FAMILY SUPPORT ACT.—
‘‘(1) ENACTMENT
AND
USE.—In order to satisfy section
454(20)(A), on or after January 1, 1998, each State must have
in effect the Uniform Interstate Family Support Act, as
approved by the American Bar Association on February 9,
1993, together with any amendments officially adopted before
January 1, 1998 by the National Conference of Commissioners
on Uniform State Laws.
‘‘(2) EMPLOYERS TO FOLLOW PROCEDURAL RULES OF STATE
WHERE
EMPLOYEE
WORKS.—The State law enacted pursuant
to paragraph (1) shall provide that an employer that receives
an income withholding order or notice pursuant to section 501
of the Uniform Interstate Family Support Act follow the proce-
dural rules that apply with respect to such order or notice
under the laws of the State in which the obligor works.
SEC. 12322. IMPROVEMENTS TO FULL FAITH AND CREDIT FOR CHILD
SUPPORT ORDERS.
Section 1738B of title 28, United States Code, is amended—
(1) in subsection (a)(2), by striking ‘‘subsection (e)’’ and
inserting ‘‘subsections (e), (f), and (i)’’;
(2) in subsection (b), by inserting after the 2nd undesig-
nated paragraph the following:
‘‘ ‘child’s home State’ means the State in which a child
lived with a parent or a person acting as parent for at least
6 consecutive months immediately preceding the time of filing
of a petition or comparable pleading for support and, if a
child is less than 6 months old, the State in which the child
lived from birth with any of them. A period of temporary
absence of any of them is counted as part of the 6-month
period.’’;
(3) in subsection (c), by inserting ‘‘by a court of a State’’
before ‘‘is made’’;
H. R. 2491—783
(4) in subsection (c)(1), by inserting ‘‘and subsections (e),
(f), and (g)’’ after ‘‘located’’;
(5) in subsection (d)—
(A) by inserting ‘‘individual’’ before ‘‘contestant’’; and
(B) by striking ‘‘subsection (e)’’ and inserting ‘‘sub-
sections (e) and (f)’’;
(6) in subsection (e), by striking ‘‘make a modification of
a child support order with respect to a child that is made’’
and inserting ‘‘modify a child support order issued’’;
(7) in subsection (e)(1), by inserting ‘‘pursuant to subsection
(i)’’ before the semicolon;
(8) in subsection (e)(2)—
(A) by inserting ‘‘individual’’ before ‘‘contestant’’ each
place such term appears; and
(B) by striking ‘‘to that court’s making the modification
and assuming’’ and inserting ‘‘with the State of continuing,
exclusive jurisdiction for a court of another State to modify
the order and assume’’;
(9) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively;
(10) by inserting after subsection (e) the following new
subsection:
‘‘(f) RECOGNITION OF CHILD SUPPORT ORDERS.—If 1 or more
child support orders have been issued in this or another State
with regard to an obligor and a child, a court shall apply the
following rules in determining which order to recognize for purposes
of continuing, exclusive jurisdiction and enforcement:
‘‘(1) If only 1 court has issued a child support order, the
order of that court must be recognized.
‘‘(2) If 2 or more courts have issued child support orders
for the same obligor and child, and only 1 of the courts would
have continuing, exclusive jurisdiction under this section, the
order of that court must be recognized.
‘‘(3) If 2 or more courts have issued child support orders
for the same obligor and child, and more than 1 of the courts
would have continuing, exclusive jurisdiction under this section,
an order issued by a court in the current home State of the
child must be recognized, but if an order has not been issued
in the current home State of the child, the order most recently
issued must be recognized.
‘‘(4) If 2 or more courts have issued child support orders
for the same obligor and child, and none of the courts would
have continuing, exclusive jurisdiction under this section, a
court may issue a child support order, which must be recog-
nized.
‘‘(5) The court that has issued an order recognized under
this subsection is the court having continuing, exclusive juris-
diction.’’;
(11) in subsection (g) (as so redesignated)—
(A) by striking ‘‘PRIOR’’ and inserting ‘‘MODIFIED’’; and
(B) by striking ‘‘subsection (e)’’ and inserting ‘‘sub-
sections (e) and (f)’’;
(12) in subsection (h) (as so redesignated)—
(A) in paragraph (2), by inserting ‘‘including the dura-
tion of current payments and other obligations of support’’
before the comma; and
H. R. 2491—784
(B) in paragraph (3), by inserting ‘‘arrears under’’ after
‘‘enforce’’; and
(13) by adding at the end the following new subsection:
‘‘(i) REGISTRATION FOR MODIFICATION.—If there is no individual
contestant or child residing in the issuing State, the party or
support enforcement agency seeking to modify, or to modify and
enforce, a child support order issued in another State shall register
that order in a State with jurisdiction over the nonmovant for
the purpose of modification.’’.
SEC. 12323. ADMINISTRATIVE ENFORCEMENT IN INTERSTATE CASES.
Section 466(a) (42 U.S.C. 666(a)), as amended by sections 12315
and 12317(a) of this Act, is amended by adding at the end the
following new paragraph:
‘‘(14) 
ADMINISTRATIVE
ENFORCEMENT
IN
INTERSTATE
CASES.—Procedures under which—
‘‘(A)(i) the State shall respond within 5 business days
to a request made by another State to enforce a support
order; and
‘‘(ii) the term ‘business day’ means a day on which
State offices are open for regular business;
‘‘(B) the State may, by electronic or other means, trans-
mit to another State a request for assistance in a case
involving the enforcement of a support order, which
request—
‘‘(i) shall include such information as will enable
the State to which the request is transmitted to com-
pare the information about the case to the information
in the data bases of the State; and
‘‘(ii) shall constitute a certification by the request-
ing State—
‘‘(I) of the amount of support under the order
the payment of which is in arrears; and
‘‘(II) that the requesting State has complied
with all procedural due process requirements
applicable to the case;
‘‘(C) if the State provides assistance to another State
pursuant to this paragraph with respect to a case, neither
State shall consider the case to be transferred to the case-
load of such other State; and
‘‘(D) the State shall maintain records of—
‘‘(i) the number of such requests for assistance
received by the State;
‘‘(ii) the number of cases for which the State col-
lected support in response to such a request; and
‘‘(iii) the amount of such collected support.’’.
SEC. 12324. USE OF FORMS IN INTERSTATE ENFORCEMENT.
(a) PROMULGATION.—Section 452(a) (42 U.S.C. 652(a)) is
amended—
(1) by striking ‘‘and’’ at the end of paragraph (9);
(2) by striking the period at the end of paragraph (10)
and inserting ‘‘; and’’; and
(3) by adding at the end the following new paragraph:
‘‘(11) not later than June 30, 1996, after consulting with
the State directors of programs under this part, promulgate
forms to be used by States in interstate cases for—
H. R. 2491—785
‘‘(A) collection of child support through income
withholding;
‘‘(B) imposition of liens; and
‘‘(C) administrative subpoenas.’’.
(b) USE BY STATES.—Section 454(9) (42 U.S.C. 654(9)) is amend-
ed—
(1) by striking ‘‘and’’ at the end of subparagraph (C);
(2) by inserting ‘‘and’’ at the end of subparagraph (D);
and
(3) by adding at the end the following new subparagraph:
‘‘(E) no later than October 1, 1996, in using the forms
promulgated pursuant to section 452(a)(11) for income
withholding, imposition of liens, and issuance of adminis-
trative subpoenas in interstate child support cases;’’.
SEC. 12325. STATE LAWS PROVIDING EXPEDITED PROCEDURES.
(a) STATE LAW REQUIREMENTS.—Section 466 (42 U.S.C. 666),
as amended by section 12314 of this Act, is amended—
(1) in subsection (a)(2), by striking the 1st sentence and
inserting the following: ‘‘Expedited administrative and judicial
procedures (including the procedures specified in subsection
(c)) for establishing paternity and for establishing, modifying,
and enforcing support obligations.’’; and
(2) by inserting after subsection (b) the following new sub-
section:
‘‘(c) EXPEDITED PROCEDURES.—The procedures specified in this
subsection are the following:
‘‘(1) ADMINISTRATIVE ACTION BY STATE AGENCY.—Procedures
which give the State agency the authority to take the following
actions relating to establishment or enforcement of support
orders, without the necessity of obtaining an order from any
other judicial or administrative tribunal, and to recognize and
enforce the authority of State agencies of other States:
‘‘(A) GENETIC TESTING.—To order genetic testing for
the purpose of paternity establishment as provided in sec-
tion 466(a)(5).
‘‘(B) FINANCIAL OR OTHER INFORMATION.—To subpoena
any financial or other information needed to establish,
modify, or enforce a support order, and to impose penalties
for failure to respond to such a subpoena.
‘‘(C) RESPONSE TO STATE AGENCY REQUEST.—To require
all entities in the State (including for-profit, nonprofit,
and governmental employers) to provide promptly, in
response to a request by the State agency of that or any
other State administering a program under this part,
information on the employment, compensation, and benefits
of any individual employed by such entity as an employee
or contractor, and to sanction failure to respond to any
such request.
‘‘(D) ACCESS TO CERTAIN RECORDS.—To obtain access,
subject to safeguards on privacy and information security,
to the following records (including automated access, in
the case of records maintained in automated data bases):
‘‘(i) Records of other State and local government
agencies, including—
‘‘(I) vital statistics (including records of mar-
riage, birth, and divorce);
H. R. 2491—786
‘‘(II) State and local tax and revenue records
(including 
information 
on 
residence 
address,
employer, income and assets);
‘‘(III) records concerning real and titled per-
sonal property;
‘‘(IV) records of occupational and professional
licenses, and records concerning the ownership and
control of corporations, partnerships, and other
business entities;
‘‘(V) employment security records;
‘‘(VI) records of agencies administering public
assistance programs;
‘‘(VII) records of the motor vehicle department;
and
‘‘(VIII) corrections records.
‘‘(ii) Certain records held by private entities,
including—
‘‘(I) customer records of public utilities and
cable television companies; and
‘‘(II) information (including information on
assets and liabilities) on individuals who owe or
are owed support (or against or with respect to
whom a support obligation is sought) held by finan-
cial institutions (subject to limitations on liability
of such entities arising from affording such access),
as provided pursuant to agreements described in
subsection (a)(18).
‘‘(E) CHANGE
IN
PAYEE.—In cases in which support
is subject to an assignment in order to comply with a
requirement imposed pursuant to part A or section 1912,
or to a requirement to pay through the State disbursement
unit established pursuant to section 454B, upon providing
notice to obligor and obligee, to direct the obligor or other
payor to change the payee to the appropriate government
entity.
‘‘(F) INCOME WITHHOLDING.—To order income withhold-
ing in accordance with subsections (a)(1) and (b) of section
466.
‘‘(G) SECURING
ASSETS.—In cases in which there is
a support arrearage, to secure assets to satisfy the arrear-
age by—
‘‘(i) intercepting or seizing periodic or lump-sum
payments from—
‘‘(I) a State or local agency, including
unemployment compensation, workers’ compensa-
tion, and other benefits; and
‘‘(II) judgments, settlements, and lotteries;
‘‘(ii) attaching and seizing assets of the obligor
held in financial institutions;
‘‘(iii) attaching public and private retirement funds;
and
‘‘(iv) imposing liens in accordance with subsection
(a)(4) and, in appropriate cases, to force sale of property
and distribution of proceeds.
‘‘(H) INCREASE MONTHLY PAYMENTS.—For the purpose
of securing overdue support, to increase the amount of
monthly support payments to include amounts for arrear-
H. R. 2491—787
ages, subject to such conditions or limitations as the State
may provide.
Such procedures shall be subject to due process safeguards,
including (as appropriate) requirements for notice, opportunity
to contest the action, and opportunity for an appeal on the
record to an independent administrative or judicial tribunal.
‘‘(2) SUBSTANTIVE AND PROCEDURAL RULES.—The expedited
procedures required under subsection (a)(2) shall include the
following rules and authority, applicable with respect to all
proceedings to establish paternity or to establish, modify, or
enforce support orders:
‘‘(A) LOCATOR INFORMATION; PRESUMPTIONS CONCERN-
ING NOTICE.—Procedures under which—
‘‘(i) each party to any paternity or child support
proceeding is required (subject to privacy safeguards)
to file with the tribunal and the State case registry
upon entry of an order, and to update as appropriate,
information on location and identity of the party,
including social security number, residential and mail-
ing addresses, telephone number, driver’s license num-
ber, and name, address, and name and telephone num-
ber of employer; and
‘‘(ii) in any subsequent child support enforcement
action between the parties, upon sufficient showing
that diligent effort has been made to ascertain the
location of such a party, the tribunal may deem State
due process requirements for notice and service of proc-
ess to be met with respect to the party, upon delivery
of written notice to the most recent residential or
employer address filed with the tribunal pursuant to
clause (i).
‘‘(B) 
STATEWIDE
JURISDICTION.—Procedures 
under
which—
‘‘(i) the State agency and any administrative or
judicial tribunal with authority to hear child support
and paternity cases exerts statewide jurisdiction over
the parties; and
‘‘(ii) in a State in which orders are issued by courts
or administrative tribunals, a case may be transferred
between local jurisdictions in the State without need
for any additional filing by the petitioner, or service
of process upon the respondent, to retain jurisdiction
over the parties.
‘‘(3) COORDINATION
WITH
ERISA.—Notwithstanding sub-
section (d) of section 514 of the Employee Retirement Income
Security Act of 1974 (relating to effect on other laws), nothing
in this subsection shall be construed to alter, amend, modify,
invalidate, impair, or supersede subsections (a), (b), and (c)
of such section 514 as it applies with respect to any procedure
referred to in paragraph (1) and any expedited procedure
referred to in paragraph (2), except to the extent that such
procedure would be consistent with the requirements of section
206(d)(3) of such Act (relating to qualified domestic relations
orders) or the requirements of section 609(a) of such Act (relat-
ing to qualified medical child support orders) if the reference
in such section 206(d)(3) to a domestic relations order and
the reference in such section 609(a) to a medical child support
H. R. 2491—788
order were a reference to a support order referred to in para-
graphs (1) and (2) relating to the same matters, respectively.’’.
(b) AUTOMATION OF STATE AGENCY FUNCTIONS.—Section 454A,
as added by section 12344(a)(2) and as amended by sections 12311
and 12312(c) of this Act, is amended by adding at the end the
following new subsection:
‘‘(h) EXPEDITED ADMINISTRATIVE PROCEDURES.—The automated
system required by this section shall be used, to the maximum
extent feasible, to implement the expedited administrative proce-
dures required by section 466(c).’’.
CHAPTER 4—PATERNITY ESTABLISHMENT
SEC. 12331. STATE LAWS CONCERNING PATERNITY ESTABLISHMENT.
(a) STATE
LAWS
REQUIRED.—Section 466(a)(5) (42 U.S.C.
666(a)(5)) is amended to read as follows:
‘‘(5) 
PROCEDURES
CONCERNING
PATERNITY
ESTABLISH-
MENT.—
‘‘(A) ESTABLISHMENT PROCESS AVAILABLE FROM BIRTH
UNTIL AGE 18.—
‘‘(i) Procedures which permit the establishment of
the paternity of a child at any time before the child
attains 18 years of age.
‘‘(ii) As of August 16, 1984, clause (i) shall also
apply to a child for whom paternity has not been
established or for whom a paternity action was brought
but dismissed because a statute of limitations of less
than 18 years was then in effect in the State.
‘‘(B) PROCEDURES CONCERNING GENETIC TESTING.—
‘‘(i) GENETIC TESTING REQUIRED IN CERTAIN CON-
TESTED CASES.—Procedures under which the State is
required, in a contested paternity case (unless other-
wise barred by State law) to require the child and
all other parties (other than individuals found under
section 454(29) to have good cause for refusing to
cooperate) to submit to genetic tests upon the request
of any such party, if the request is supported by a
sworn statement by the party—
‘‘(I) alleging paternity, and setting forth facts
establishing a reasonable possibility of the req-
uisite sexual contact between the parties; or
‘‘(II) denying paternity, and setting forth facts
establishing 
a 
reasonable 
possibility 
of 
the
nonexistence of sexual contact between the parties.
‘‘(ii) OTHER
REQUIREMENTS.—Procedures which
require the State agency, in any case in which the
agency orders genetic testing—
‘‘(I) to pay costs of such tests, subject to
recoupment (if the State so elects) from the alleged
father if paternity is established; and
‘‘(II) to obtain additional testing in any case
if an original test result is contested, upon request
and advance payment by the contestant.
‘‘(C) VOLUNTARY PATERNITY ACKNOWLEDGMENT.—
‘‘(i) SIMPLE CIVIL PROCESS.—Procedures for a sim-
ple civil process for voluntarily acknowledging pater-
nity under which the State must provide that, before
H. R. 2491—789
a mother and a putative father can sign an acknowledg-
ment of paternity, the mother and the putative father
must be given notice, orally and in writing, of the
alternatives to, the legal consequences of, and the
rights (including, if 1 parent is a minor, any rights
afforded due to minority status) and responsibilities
that arise from, signing the acknowledgment.
‘‘(ii) HOSPITAL-BASED PROGRAM.—Such procedures
must include a hospital-based program for the vol-
untary acknowledgment of paternity focusing on the
period immediately before or after the birth of a child,
subject to such good cause exceptions, taking into
account the best interests of the child, as the State
may establish.
‘‘(iii) PATERNITY ESTABLISHMENT SERVICES.—
‘‘(I) STATE-OFFERED
SERVICES.—Such proce-
dures must require the State agency responsible
for maintaining birth records to offer voluntary
paternity establishment services.
‘‘(II) REGULATIONS.—
‘‘(aa) SERVICES OFFERED BY HOSPITALS AND
BIRTH RECORD AGENCIES.—The Secretary shall
prescribe regulations governing voluntary
paternity establishment services offered by
hospitals and birth record agencies.
‘‘(bb) SERVICES OFFERED BY OTHER ENTI-
TIES.—The Secretary shall prescribe regula-
tions specifying the types of other entities that
may offer voluntary paternity establishment
services, and governing the provision of such
services, which shall include a requirement
that such an entity must use the same notice
provisions used by, use the same materials
used by, provide the personnel providing such
services with the same training provided by,
and evaluate the provision of such services
in the same manner as the provision of such
services is evaluated by, voluntary paternity
establishment programs of hospitals and birth
record agencies.
‘‘(iv) USE OF PATERNITY ACKNOWLEDGMENT AFFIDA-
VIT.—Such procedures must require the State to
develop and use an affidavit for the voluntary acknowl-
edgment of paternity which includes the minimum
requirements of the affidavit developed by the Sec-
retary under section 452(a)(7) for the voluntary
acknowledgment of paternity, and to give full faith
and credit to such an affidavit signed in any other
State according to its procedures.
‘‘(D) STATUS
OF
SIGNED
PATERNITY
ACKNOWLEDG-
MENT.—
‘‘(i) INCLUSION
IN
BIRTH
RECORDS.—Procedures
under which the name of the father shall be included
on the record of birth of the child only if—
‘‘(I) the father and mother have signed a vol-
untary acknowledgment of paternity; or
H. R. 2491—790
‘‘(II) a court or an administrative agency of
competent jurisdiction has issued an adjudication
of paternity.
Nothing in this clause shall preclude a State agency
from obtaining an admission of paternity from the
father for submission in a judicial or administrative
proceeding, or prohibit the issuance of an order in
a judicial or administrative proceeding which bases
a legal finding of paternity on an admission of paternity
by the father and any other additional showing
required by State law.
‘‘(ii) LEGAL
FINDING
OF
PATERNITY.—Procedures
under which a signed voluntary acknowledgment of
paternity is considered a legal finding of paternity,
subject to the right of any signatory to rescind the
acknowledgment within the earlier of—
‘‘(I) 60 days; or
‘‘(II) the date of an administrative or judicial
proceeding relating to the child (including a
proceeding to establish a support order) in which
the signatory is a party.
‘‘(iii) CONTEST.—Procedures under which, after the
60-day period referred to in clause (ii), a signed vol-
untary acknowledgment of paternity may be challenged
in court only on the basis of fraud, duress, or material
mistake of fact, with the burden of proof upon the
challenger, and under which the legal responsibilities
(including child support obligations) of any signatory
arising from the acknowledgment may not be sus-
pended during the challenge, except for good cause
shown.
‘‘(E) BAR ON ACKNOWLEDGMENT RATIFICATION PROCEED-
INGS.—Procedures under which judicial or administrative
proceedings are not required or permitted to ratify an
unchallenged acknowledgment of paternity.
‘‘(F) ADMISSIBILITY
OF
GENETIC
TESTING
RESULTS.—
Procedures—
‘‘(i) requiring the admission into evidence, for pur-
poses of establishing paternity, of the results of any
genetic test that is—
‘‘(I) of a type generally acknowledged as reli-
able by accreditation bodies designated by the Sec-
retary; and
‘‘(II) performed by a laboratory approved by
such an accreditation body;
‘‘(ii) requiring an objection to genetic testing
results to be made in writing not later than a specified
number of days before any hearing at which the results
may be introduced into evidence (or, at State option,
not later than a specified number of days after receipt
of the results); and
‘‘(iii) making the test results admissible as evi-
dence of paternity without the need for foundation
testimony or other proof of authenticity or accuracy,
unless objection is made.
‘‘(G) PRESUMPTION OF PATERNITY IN CERTAIN CASES.—
Procedures which create a rebuttable or, at the option
H. R. 2491—791
of the State, conclusive presumption of paternity upon
genetic testing results indicating a threshold probability
that the alleged father is the father of the child.
‘‘(H) DEFAULT ORDERS.—Procedures requiring a default
order to be entered in a paternity case upon a showing
of service of process on the defendant and any additional
showing required by State law.
‘‘(I) NO RIGHT TO JURY TRIAL.—Procedures providing
that the parties to an action to establish paternity are
not entitled to a trial by jury.
‘‘(J) TEMPORARY SUPPORT ORDER BASED ON PROBABLE
PATERNITY IN CONTESTED CASES.—Procedures which require
that a temporary order be issued, upon motion by a party,
requiring the provision of child support pending an
administrative or judicial determination of parentage, if
there is clear and convincing evidence of paternity (on
the basis of genetic tests or other evidence).
‘‘(K) PROOF
OF
CERTAIN
SUPPORT
AND
PATERNITY
ESTABLISHMENT COSTS.—Procedures under which bills for
pregnancy, childbirth, and genetic testing are admissible
as evidence without requiring third-party foundation testi-
mony, and shall constitute prima facie evidence of amounts
incurred for such services or for testing on behalf of the
child.
‘‘(L) STANDING
OF
PUTATIVE
FATHERS.—Procedures
ensuring that the putative father has a reasonable oppor-
tunity to initiate a paternity action.
‘‘(M) FILING OF ACKNOWLEDGMENTS AND ADJUDICATIONS
IN STATE REGISTRY OF BIRTH RECORDS.—Procedures under
which voluntary acknowledgments and adjudications of
paternity by judicial or administrative processes are filed
with the State registry of birth records for comparison
with information in the State case registry.’’.
(b) NATIONAL PATERNITY ACKNOWLEDGMENT AFFIDAVIT.—Sec-
tion 452(a)(7) (42 U.S.C. 652(a)(7)) is amended by inserting ‘‘, and
develop an affidavit to be used for the voluntary acknowledgment
of paternity which shall include the social security number of each
parent and, after consultation with the States, other common ele-
ments as determined by such designee’’ before the semicolon.
(c) CONFORMING AMENDMENT.—Section 468 (42 U.S.C. 668) is
amended by striking ‘‘a simple civil process for voluntarily acknowl-
edging paternity and’’.
SEC. 12332. OUTREACH FOR VOLUNTARY PATERNITY ESTABLISHMENT.
Section 454(23) (42 U.S.C. 654(23)) is amended by inserting
‘‘and will publicize the availability and encourage the use of proce-
dures for voluntary establishment of paternity and child support
by means the State deems appropriate’’ before the semicolon.
SEC. 12333. COOPERATION BY APPLICANTS FOR AND RECIPIENTS OF
TEMPORARY FAMILY ASSISTANCE.
Section 454 (42 U.S.C. 654), as amended by sections 12301(b),
12303(a), 12312(a), and 12313(a) of this Act, is amended—
(1) by striking ‘‘and’’ at the end of paragraph (27);
(2) by striking the period at the end of paragraph (28)
and inserting ‘‘; and’’; and
(3) by inserting after paragraph (28) the following new
paragraph:
H. R. 2491—792
‘‘(29) provide that the State agency responsible for admin-
istering the State plan—
‘‘(A) shall make the determination (and redetermina-
tion at appropriate intervals) as to whether an individual
who has applied for or is receiving assistance under the
State program funded under part A or the State program
under title XXI is cooperating in good faith with the State
in establishing the paternity of, or in establishing, modify-
ing, or enforcing a support order for, any child of the
individual by providing the State agency with the name
of, and such other information as the State agency may
require with respect to, the noncustodial parent of the
child, subject to such good cause exceptions, taking into
account the best interests of the child, as the State may
establish through the State agency, or at the option of
the State, through the State agencies administering the
State programs funded under part A and title XXI;
‘‘(B) shall require the individual to supply additional
necessary information and appear at interviews, hearings,
and legal proceedings;
‘‘(C) shall require the individual and the child to submit
to genetic tests pursuant to judicial or administrative order;
‘‘(D) may request that the individual sign a voluntary
acknowledgment of paternity, after notice of the rights
and consequences of such an acknowledgment, but may
not require the individual to sign an acknowledgment or
otherwise relinquish the right to genetic tests as a condition
of cooperation and eligibility for assistance under the State
program funded under part A or the State program under
title XXI; and
‘‘(E) shall promptly notify the individual and the State
agency administering the State program funded under part
A and the State agency administering the State program
under title XXI of each such determination, and if
noncooperation is determined, the basis therefore.’’.
CHAPTER 5—PROGRAM ADMINISTRATION AND
FUNDING
SEC. 12341. PERFORMANCE-BASED INCENTIVES AND PENALTIES.
(a) DEVELOPMENT OF NEW SYSTEM.—The Secretary of Health
and Human Services, in consultation with State directors of pro-
grams under part D of title IV of the Social Security Act, shall
develop a new incentive system to replace the system under section
458 of such Act. The new system shall provide additional payments
to any State based on such State’s performance under such a
program.
(b) CONFORMING AMENDMENTS TO PRESENT SYSTEM.—Section
458 (42 U.S.C. 658) is amended—
(1) in subsection (a), by striking ‘‘aid to families with
dependent children under a State plan approved under part
A of this title’’ and inserting ‘‘assistance under a program
funded under part A’’;
(2) in subsection (b)(1)(A), by striking ‘‘section 402(a)(26)’’
and inserting ‘‘section 407(a)(4)’’;
(3) in subsections (b) and (c)—
H. R. 2491—793
(A) by striking ‘‘AFDC collections’’ each place it appears
and inserting ‘‘title IV–A collections’’, and
(B) by striking ‘‘non-AFDC collections’’ each place it
appears and inserting ‘‘non-title IV–A collections’’; and
(4) in subsection (c), by striking ‘‘combined AFDC/non-
AFDC administrative costs’’ both places it appears and inserting
‘‘combined title IV–A/non-title IV–A administrative costs’’.
(c) CALCULATION OF IV–D PATERNITY ESTABLISHMENT PERCENT-
AGE.—
(1) Section 452(g)(1) (42 U.S.C. 652(g)(1)) is amended in
each of subparagraphs (A) and (B), by striking ‘‘75’’ and insert-
ing ‘‘90’’.
(2) Section 452(g)(2)(A) (42 U.S.C. 652(g)(2)(A)) is amended
in the matter preceding clause (i)—
(A) by striking ‘‘paternity establishment percentage’’
and inserting ‘‘IV–D paternity establishment percentage’’;
and
(B) by striking ‘‘(or all States, as the case may be)’’.
(3) Section 452(g)(2) (42 U.S.C. 652(g)(2)) is amended by
adding at the end the following new sentence: ‘‘In meeting
the 90-percent paternity establishment requirement, a State
may calculate either the paternity establishment rate of cases
in the program funded under this part or the paternity
establishment rate of all out-of-wedlock births in the State.’’.
(4) Section 452(g)(3) (42 U.S.C. 652(g)(3)) is amended—
(A) by striking subparagraph (A) and redesignating
subparagraphs (B) and (C) as subparagraphs (A) and (B),
respectively;
(B) in subparagraph (A) (as so redesignated), by strik-
ing ‘‘the percentage of children born out-of-wedlock in a
State’’ and inserting ‘‘the percentage of children in a State
who are born out-of-wedlock or for whom support has not
been established’’; and
(C) in subparagraph (B) (as so redesignated) by insert-
ing ‘‘and securing support’’ before the period.
(d) EFFECTIVE DATES.—
(1) INCENTIVE ADJUSTMENTS.—
(A) IN GENERAL.—The system developed under sub-
section (a) and the amendments made by subsection (b)
shall become effective on October 1, 1997, except to the
extent provided in subparagraph (B).
(B) APPLICATION OF SECTION 458.—Section 458 of the
Social Security Act, as in effect on the day before the
date of the enactment of this section, shall be effective
for purposes of incentive payments to States for fiscal years
before fiscal year 1999.
(2) PENALTY REDUCTIONS.—The amendments made by sub-
section (c) shall become effective with respect to calendar quar-
ters beginning on or after the date of the enactment of this
Act.
SEC. 12342. FEDERAL AND STATE REVIEWS AND AUDITS.
(a) STATE AGENCY ACTIVITIES.—Section 454 (42 U.S.C. 654)
is amended—
(1) in paragraph (14), by striking ‘‘(14)’’ and inserting
‘‘(14)(A)’’;
H. R. 2491—794
(2) by redesignating paragraph (15) as subparagraph (B)
of paragraph (14); and
(3) by inserting after paragraph (14) the following new
paragraph:
‘‘(15) provide for—
‘‘(A) a process for annual reviews of and reports to
the Secretary on the State program operated under the
State plan approved under this part, including such
information as may be necessary to measure State compli-
ance with Federal requirements for expedited procedures,
using such standards and procedures as are required by
the Secretary, under which the State agency will determine
the extent to which the program is operated in compliance
with this part; and
‘‘(B) a process of extracting from the automated data
processing system required by paragraph (16) and
transmitting to the Secretary data and calculations
concerning the levels of accomplishment (and rates of
improvement) with respect to applicable performance
indicators (including IV–D paternity establishment percent-
ages to the extent necessary for purposes of sections 452(g)
and 458.’’.
(b) FEDERAL ACTIVITIES.—Section 452(a)(4) (42 U.S.C. 652(a)(4))
is amended to read as follows:
‘‘(4)(A) review data and calculations transmitted by State
agencies pursuant to section 454(15)(B) on State program
accomplishments with respect to performance indicators for
purposes of subsection (g) of this section and section 458;
‘‘(B) review annual reports submitted pursuant to section
454(15)(A) and, as appropriate, provide to the State comments,
recommendations for additional or alternative corrective
actions, and technical assistance; and
‘‘(C) conduct audits, in accordance with the Government
auditing standards of the Comptroller General of the United
States—
‘‘(i) at least once every 3 years (or more frequently,
in the case of a State which fails to meet the requirements
of this part concerning performance standards and reliabil-
ity of program data) to assess the completeness, reliability,
and security of the data, and the accuracy of the reporting
systems, used in calculating performance indicators under
subsection (g) of this section and section 458;
‘‘(ii) of the adequacy of financial management of the
State program operated under the State plan approved
under this part, including assessments of—
‘‘(I) whether Federal and other funds made avail-
able to carry out the State program are being appro-
priately 
expended, 
and 
are 
properly 
and 
fully
accounted for; and
‘‘(II) whether collections and disbursements of sup-
port payments are carried out correctly and are fully
accounted for; and
‘‘(iii) for such other purposes as the Secretary may
find necessary;’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall be effective with respect to calendar quarters beginning 12
months or more after the date of the enactment of this Act.
H. R. 2491—795
SEC. 12343. REQUIRED REPORTING PROCEDURES.
(a) ESTABLISHMENT.—Section 452(a)(5) (42 U.S.C. 652(a)(5)) is
amended by inserting ‘‘, and establish procedures to be followed
by States for collecting and reporting information required to be
provided under this part, and establish uniform definitions (includ-
ing those necessary to enable the measurement of State compliance
with the requirements of this part relating to expedited processes)
to be applied in following such procedures’’ before the semicolon.
(b) STATE PLAN REQUIREMENT.—Section 454 (42 U.S.C. 654),
as amended by sections 12301(b), 12303(a), 12312(a), 12313(a), and
12333 of this Act, is amended—
(1) by striking ‘‘and’’ at the end of paragraph (28);
(2) by striking the period at the end of paragraph (29)
and inserting ‘‘; and’’; and
(3) by adding after paragraph (29) the following new para-
graph:
‘‘(30) provide that the State shall use the definitions estab-
lished under section 452(a)(5) in collecting and reporting
information as required under this part.’’.
SEC. 12344. AUTOMATED DATA PROCESSING REQUIREMENTS.
(a) REVISED REQUIREMENTS.—
(1) IN GENERAL.—Section 454(16) (42 U.S.C. 654(16)) is
amended—
(A) by striking ‘‘, at the option of the State,’’;
(B) by inserting ‘‘and operation by the State agency’’
after ‘‘for the establishment’’;
(C) by inserting ‘‘meeting the requirements of section
454A’’ after ‘‘information retrieval system’’;
(D) by striking ‘‘in the State and localities thereof,
so as (A)’’ and inserting ‘‘so as’’;
(E) by striking ‘‘(i)’’; and
(F) by striking ‘‘(including’’ and all that follows and
inserting a semicolon.
(2) AUTOMATED DATA PROCESSING.—Part D of title IV (42
U.S.C. 651–669) is amended by inserting after section 454
the following new section:
‘‘SEC. 454A. AUTOMATED DATA PROCESSING.
‘‘(a) IN GENERAL.—In order for a State to meet the requirements
of this section, the State agency administering the State program
under this part shall have in operation a single statewide automated
data processing and information retrieval system which has the
capability to perform the tasks specified in this section with the
frequency and in the manner required by or under this part.
‘‘(b) PROGRAM MANAGEMENT.—The automated system required
by this section shall perform such functions as the Secretary may
specify relating to management of the State program under this
part, including—
‘‘(1) controlling and accounting for use of Federal, State,
and local funds in carrying out the program; and
‘‘(2) maintaining the data necessary to meet Federal report-
ing requirements under this part on a timely basis.
‘‘(c) CALCULATION OF PERFORMANCE INDICATORS.—In order to
enable the Secretary to determine the incentive payments and
penalty adjustments required by sections 452(g) and 458, the State
agency shall—
H. R. 2491—796
‘‘(1) use the automated system—
‘‘(A) to maintain the requisite data on State perform-
ance with respect to paternity establishment and child
support enforcement in the State; and
‘‘(B) to calculate the IV–D paternity establishment
percentage for the State for each fiscal year; and
‘‘(2) have in place systems controls to ensure the complete-
ness and reliability of, and ready access to, the data described
in paragraph (1)(A), and the accuracy of the calculations
described in paragraph (1)(B).
‘‘(d) INFORMATION INTEGRITY AND SECURITY.—The State agency
shall have in effect safeguards on the integrity, accuracy, and
completeness of, access to, and use of data in the automated system
required by this section, which shall include the following (in addi-
tion to such other safeguards as the Secretary may specify in
regulations):
‘‘(1) 
POLICIES
RESTRICTING
ACCESS.—Written 
policies
concerning access to data by State agency personnel, and shar-
ing of data with other persons, which—
‘‘(A) permit access to and use of data only to the
extent necessary to carry out the State program under
this part; and
‘‘(B) specify the data which may be used for particular
program purposes, and the personnel permitted access to
such data.
‘‘(2) SYSTEMS CONTROLS.—Systems controls (such as pass-
words or blocking of fields) to ensure strict adherence to the
policies described in paragraph (1).
‘‘(3) MONITORING OF ACCESS.—Routine monitoring of access
to and use of the automated system, through methods such
as audit trails and feedback mechanisms, to guard against
and promptly identify unauthorized access or use.
‘‘(4) TRAINING
AND
INFORMATION.—Procedures to ensure
that all personnel (including State and local agency staff and
contractors) who may have access to or be required to use
confidential program data are informed of applicable require-
ments and penalties (including those in section 6103 of the
Internal Revenue Code of 1986), and are adequately trained
in security procedures.
‘‘(5) PENALTIES.—Administrative penalties (up to and
including dismissal from employment) for unauthorized access
to, or disclosure or use of, confidential data.’’.
(3) REGULATIONS.—The Secretary of Health and Human
Services shall prescribe final regulations for implementation
of section 454A of the Social Security Act not later than 2
years after the date of the enactment of this Act.
(4) IMPLEMENTATION
TIMETABLE.—Section 454(24) (42
U.S.C. 654(24)), as amended by section 12303(a)(1) of this Act,
is amended to read as follows:
‘‘(24) provide that the State will have in effect an automated
data processing and information retrieval system—
‘‘(A) by October 1, 1997, which meets all requirements
of this part which were enacted on or before the date
of enactment of the Family Support Act of 1988, and
‘‘(B) by October 1, 1999, which meets all requirements
of this part enacted on or before the date of the enactment
of the Personal Responsibility and Work Opportunity Act
H. R. 2491—797
of 1995, except that such deadline shall be extended by
1 day for each day (if any) by which the Secretary fails
to meet the deadline imposed by section 12344(a)(3) of
the Personal Responsibility and Work Opportunity Act of
1995;’’.
(b) SPECIAL FEDERAL MATCHING RATE FOR DEVELOPMENT COSTS
OF AUTOMATED SYSTEMS.—
(1) IN
GENERAL.—Section 455(a) (42 U.S.C. 655(a)) is
amended—
(A) in paragraph (1)(B)—
(i) by striking ‘‘90 percent’’ and inserting ‘‘the per-
cent specified in paragraph (3)’’;
(ii) by striking ‘‘so much of’’; and
(iii) by striking ‘‘which the Secretary’’ and all that
follows and inserting ‘‘, and’’; and
(B) by adding at the end the following new paragraph:
‘‘(3)(A) The Secretary shall pay to each State, for each quarter
in fiscal years 1996 and 1997, 90 percent of so much of the State
expenditures described in paragraph (1)(B) as the Secretary finds
are for a system meeting the requirements specified in section
454(16) (as in effect on September 30, 1995) but limited to the
amount approved for States in the advance planning documents
of such States submitted on or before May 1, 1995.
‘‘(B)(i) The Secretary shall pay to each State, for each quarter
in fiscal years 1997 through 2001, the percentage specified in clause
(ii) of so much of the State expenditures described in paragraph
(1)(B) as the Secretary finds are for a system meeting the require-
ments of sections 454(16) and 454A.
‘‘(ii) The percentage specified in this clause is 80 percent.’’.
(2) TEMPORARY LIMITATION ON PAYMENTS UNDER SPECIAL
FEDERAL MATCHING RATE.—
(A) IN GENERAL.—The Secretary of Health and Human
Services may not pay more than $400,000,000 in the aggre-
gate under section 455(a)(3) of the Social Security Act
for fiscal years 1996, 1997, 1998, 1999, and 2000.
(B) ALLOCATION OF LIMITATION AMONG STATES.—The
total amount payable to a State under section 455(a)(3)
of such Act for fiscal years 1996, 1997, 1998, 1999, and
2000 shall not exceed the limitation determined for the
State by the Secretary of Health and Human Services
in regulations.
(C) ALLOCATION FORMULA.—The regulations referred
to in subparagraph (B) shall prescribe a formula for allocat-
ing the amount specified in subparagraph (A) among States
with plans approved under part D of title IV of the Social
Security Act, which shall take into account—
(i) the relative size of State caseloads under such
part; and
(ii) the level of automation needed to meet the
automated data processing requirements of such part.
(c) CONFORMING AMENDMENT.—Section 123(c) of the Family
Support Act of 1988 (102 Stat. 2352; Public Law 100–485) is
repealed.
SEC. 12345. TECHNICAL ASSISTANCE.
(a) FOR TRAINING OF FEDERAL AND STATE STAFF, RESEARCH
AND
DEMONSTRATION
PROGRAMS, 
AND
SPECIAL
PROJECTS
OF
H. R. 2491—798
REGIONAL OR NATIONAL SIGNIFICANCE.—Section 452 (42 U.S.C. 652)
is amended by adding at the end the following new subsection:
‘‘(j) Out of any money in the Treasury of the United States
not otherwise appropriated, there is hereby appropriated to the
Secretary for each fiscal year an amount equal to 1 percent of
the total amount paid to the Federal Government pursuant to
section 457(a) during the immediately preceding fiscal year (as
determined on the basis of the most recent reliable data available
to the Secretary as of the end of the 3rd calendar quarter following
the end of such preceding fiscal year), to cover costs incurred
by the Secretary for—
‘‘(1) information dissemination and technical assistance to
States, training of State and Federal staff, staffing studies,
and related activities needed to improve programs under this
part (including technical assistance concerning State automated
systems required by this part); and
‘‘(2) research, demonstration, and special projects of
regional or national significance relating to the operation of
State programs under this part.’’.
(b) OPERATION OF FEDERAL PARENT LOCATOR SERVICE.—Section
453 (42 U.S.C. 653), as amended by section 12316 of this Act,
is amended by adding at the end the following new subsection:
‘‘(o) RECOVERY OF COSTS.—Out of any money in the Treasury
of the United States not otherwise appropriated, there is hereby
appropriated to the Secretary for each fiscal year an amount equal
to 2 percent of the total amount paid to the Federal Government
pursuant to section 457(a) during the immediately preceding fiscal
year (as determined on the basis of the most recent reliable data
available to the Secretary as of the end of the 3rd calendar quarter
following the end of such preceding fiscal year), to cover costs
incurred by the Secretary for operation of the Federal Parent
Locator Service under this section, to the extent such costs are
not recovered through user fees.’’.
SEC. 12346. REPORTS AND DATA COLLECTION BY THE SECRETARY.
(a) ANNUAL REPORT TO CONGRESS.—
(1) Section 452(a)(10)(A) (42 U.S.C. 652(a)(10)(A)) is
amended—
(A) by striking ‘‘this part;’’ and inserting ‘‘this part,
including—’’; and
(B) by adding at the end the following new clauses:
‘‘(i) the total amount of child support payments
collected as a result of services furnished during the
fiscal year to individuals receiving services under this
part;
‘‘(ii) the cost to the States and to the Federal
Government of so furnishing the services; and
‘‘(iii) the number of cases involving families—
‘‘(I) who became ineligible for assistance under
State programs funded under part A during a
month in the fiscal year; and
‘‘(II) with respect to whom a child support
payment was received in the month;’’.
(2) Section 452(a)(10)(C) (42 U.S.C. 652(a)(10)(C)) is
amended—
(A) in the matter preceding clause (i)—
H. R. 2491—799
(i) by striking ‘‘with the data required under each
clause being separately stated for cases’’ and inserting
‘‘separately stated for (1) cases’’;
(ii) by striking ‘‘cases where the child was formerly
receiving’’ and inserting ‘‘or formerly received’’;
(iii) by inserting ‘‘or 1912’’ after ‘‘471(a)(17)’’; and
(iv) by inserting ‘‘(2)’’ before ‘‘all other’’;
(B) in each of clauses (i) and (ii), by striking ‘‘, and
the total amount of such obligations’’;
(C) in clause (iii), by striking ‘‘described in’’ and all
that follows and inserting ‘‘in which support was collected
during the fiscal year;’’;
(D) by striking clause (iv); and
(E) by redesignating clause (v) as clause (vii), and
inserting after clause (iii) the following new clauses:
‘‘(iv) the total amount of support collected during
such fiscal year and distributed as current support;
‘‘(v) the total amount of support collected during
such fiscal year and distributed as arrearages;
‘‘(vi) the total amount of support due and unpaid
for all fiscal years; and’’.
(3) Section 452(a)(10)(G) (42 U.S.C. 652(a)(10)(G)) is
amended by striking ‘‘on the use of Federal courts and’’.
(4) Section 452(a)(10) (42 U.S.C. 652(a)(10)) is amended—
(A) in subparagraph (H), by striking ‘‘and’’;
(B) in subparagraph (I), by striking the period and
inserting ‘‘; and’’; and
(C) by inserting after subparagraph (I) the following
new subparagraph:
‘‘(J) compliance, by State, with the standards estab-
lished pursuant to subsections (h) and (i).’’.
(5) Section 452(a)(10) (42 U.S.C. 652(a)(10)) is amended
by striking all that follows subparagraph (J), as added by
paragraph (4).
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall be effective with respect to fiscal year 1996 and succeeding
fiscal years.
CHAPTER 6—ESTABLISHMENT AND MODIFICATION OF
SUPPORT ORDERS
SEC. 12351. SIMPLIFIED PROCESS FOR REVIEW AND ADJUSTMENT OF
CHILD SUPPORT ORDERS.
Section 466(a)(10) (42 U.S.C. 666(a)(10)) is amended to read
as follows:
‘‘(10) REVIEW AND ADJUSTMENT OF SUPPORT ORDERS UPON
REQUEST.—Procedures under which the State shall review and
adjust each support order being enforced under this part upon
the request of either parent or the State if there is an assign-
ment. Such procedures shall provide the following:
‘‘(A) IN GENERAL.—
‘‘(i) 3-YEAR CYCLE.—Except as provided in subpara-
graphs (B) and (C), the State shall review and, as
appropriate, adjust the support order every 3 years,
taking into account the best interests of the child
involved.
H. R. 2491—800
‘‘(ii) METHODS
OF
ADJUSTMENT.—The State may
elect to review and, if appropriate, adjust an order
pursuant to clause (i) by—
‘‘(I) reviewing and, if appropriate, adjusting
the order in accordance with the guidelines estab-
lished pursuant to 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 the guidelines; or
‘‘(II) applying a cost-of-living adjustment to
the order in accordance with a formula developed
by the State and permit either party to contest
the adjustment, within 30 days after the date of
the notice of the adjustment, by making a request
for review and, if appropriate, adjustment of the
order in accordance with the child support guide-
lines established pursuant to section 467(a).
‘‘(iii) NO PROOF OF CHANGE IN CIRCUMSTANCES NEC-
ESSARY.—Any adjustment under this subparagraph (A)
shall be made without a requirement for proof or show-
ing of a change in circumstances.
‘‘(B) AUTOMATED METHOD.—The State may use auto-
mated methods (including automated comparisons with
wage or State income tax data) to identify orders eligible
for review, conduct the review, identify orders eligible for
adjustment, and apply the appropriate adjustment to the
orders eligible for adjustment under the threshold estab-
lished by the State.
‘‘(C) REQUEST
UPON
SUBSTANTIAL
CHANGE
IN
CIR-
CUMSTANCES.—The State shall, at the request of either
parent subject to such an order or of any State child support
enforcement agency, review and, if appropriate, adjust the
order in accordance with the guidelines established pursu-
ant to section 467(a) based upon a substantial change
in the circumstances of either parent.
‘‘(D) NOTICE OF RIGHT TO REVIEW.—The State shall
provide notice not less than once every 3 years to the
parents subject to such an order informing them of their
right to request the State to review and, if appropriate,
adjust the order pursuant to this paragraph. The notice
may be included in the order.’’.
SEC. 12352. FURNISHING CONSUMER REPORTS FOR CERTAIN PUR-
POSES RELATING TO CHILD SUPPORT.
Section 604 of the Fair Credit Reporting Act (15 U.S.C. 1681b)
is amended by adding at the end the following new paragraphs:
‘‘(4) In response to a request by the head of a State or
local child support enforcement agency (or a State or local
government official authorized by the head of such an agency),
if the person making the request certifies to the consumer
reporting agency that—
‘‘(A) the consumer report is needed for the purpose
of establishing an individual’s capacity to make child sup-
port payments or determining the appropriate level of such
payments;
‘‘(B) the paternity of the consumer for the child to
which the obligation relates has been established or
H. R. 2491—801
acknowledged by the consumer in accordance with State
laws under which the obligation arises (if required by those
laws);
‘‘(C) the person has provided at least 10 days’ prior
notice to the consumer whose report is requested, by cer-
tified or registered mail to the last known address of the
consumer, that the report will be requested; and
‘‘(D) the consumer report will be kept confidential,
will be used solely for a purpose described in subparagraph
(A), and will not be used in connection with any other
civil, administrative, or criminal proceeding, or for any
other purpose.
‘‘(5) To an agency administering a State plan under section
454 of the Social Security Act (42 U.S.C. 654) for use to set
an initial or modified child support award.’’.
SEC. 12353. NONLIABILITY FOR FINANCIAL INSTITUTIONS PROVIDING
FINANCIAL 
RECORDS 
TO 
STATE 
CHILD 
SUPPORT
ENFORCEMENT AGENCIES IN CHILD SUPPORT CASES.
(a) IN GENERAL.—Notwithstanding any other provision of Fed-
eral or State law, a financial institution shall not be liable under
any Federal or State law to any person for disclosing any financial
record of an individual to a State child support enforcement agency
attempting to establish, modify, or enforce a child support obligation
of such individual.
(b) PROHIBITION
OF
DISCLOSURE
OF
FINANCIAL
RECORD
OBTAINED BY STATE CHILD SUPPORT ENFORCEMENT AGENCY.—A
State child support enforcement agency which obtains a financial
record of an individual from a financial institution pursuant to
subsection (a) may disclose such financial record only for the pur-
pose of, and to the extent necessary in, establishing, modifying,
or enforcing a child support obligation of such individual.
(c) CIVIL DAMAGES FOR UNAUTHORIZED DISCLOSURE.—
(1) DISCLOSURE BY STATE OFFICER OR EMPLOYEE.—If any
person knowingly, or by reason of negligence, discloses a finan-
cial record of an individual in violation of subsection (b), such
individual may bring a civil action for damages against such
person in a district court of the United States.
(2) NO
LIABILITY
FOR
GOOD
FAITH
BUT
ERRONEOUS
INTERPRETATION.—No liability shall arise under this subsection
with respect to any disclosure which results from a good faith,
but erroneous, interpretation of subsection (b).
(3) DAMAGES.—In any action brought under paragraph (1),
upon a finding of liability on the part of the defendant, the
defendant shall be liable to the plaintiff in an amount equal
to the sum of—
(A) the greater of—
(i) $1,000 for each act of unauthorized disclosure
of a financial record with respect to which such defend-
ant is found liable; or
(ii) the sum of—
(I) the actual damages sustained by the plain-
tiff as a result of such unauthorized disclosure;
plus
(II) in the case of a willful disclosure or a
disclosure which is the result of gross negligence,
punitive damages; plus
H. R. 2491—802
(B) the costs (including attorney’s fees) of the action.
(d) DEFINITIONS.—For purposes of this section—
(1) FINANCIAL INSTITUTION.—The term ‘‘financial institu-
tion’’ means—
(A) a depository institution, as defined in section 3(c)
of the Federal Deposit Insurance Act (12 U.S.C. 1813(c));
(B) an institution-affiliated party, as defined in section
3(u) of such Act (12 U.S.C. 1813(v));
(C) any Federal credit union or State credit union,
as defined in section 101 of the Federal Credit Union
Act (12 U.S.C. 1752), including an institution-affiliated
party of such a credit union, as defined in section 206(r)
of such Act (12 U.S.C. 1786(r)); and
(D) any benefit association, insurance company, safe
deposit company, money-market mutual fund, or similar
entity authorized to do business in the State.
(2) FINANCIAL RECORD.—The term ‘‘financial record’’ has
the meaning given such term in section 1101 of the Right
to Financial Privacy Act of 1978 (12 U.S.C. 3401).
(3) STATE
CHILD
SUPPORT
ENFORCEMENT
AGENCY.—The
term ‘‘State child support enforcement agency’’ means a State
agency which administers a State program for establishing
and enforcing child support obligations.
CHAPTER 7—ENFORCEMENT OF SUPPORT ORDERS
SEC. 12361. INTERNAL REVENUE SERVICE COLLECTION OF ARREAR-
AGES.
(a) COLLECTION OF FEES.—Section 6305(a) of the Internal Reve-
nue Code of 1986 (relating to collection of certain liability) is
amended—
(1) by striking ‘‘and’’ at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4)
and inserting ‘‘, and’’;
(3) by adding at the end the following new paragraph:
‘‘(5) no additional fee may be assessed for adjustments
to an amount previously certified pursuant to such section
452(b) with respect to the same obligor.’’; and
(4) by striking ‘‘Secretary of Health, Education, and Wel-
fare’’ each place it appears and inserting ‘‘Secretary of Health
and Human Services’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall become effective October 1, 1997.
SEC. 12362. AUTHORITY TO COLLECT SUPPORT FROM FEDERAL
EMPLOYEES.
(a) CONSOLIDATION AND STREAMLINING OF AUTHORITIES.—Sec-
tion 459 (42 U.S.C. 659) is amended to read as follows:
‘‘SEC. 459. CONSENT BY THE UNITED STATES TO INCOME WITHHOLD-
ING, GARNISHMENT, AND SIMILAR PROCEEDINGS FOR
ENFORCEMENT OF CHILD SUPPORT AND ALIMONY
OBLIGATIONS.
‘‘(a) CONSENT
TO SUPPORT ENFORCEMENT.—Notwithstanding
any other provision of law (including section 207 of this Act and
section 5301 of title 38, United States Code), effective January
1, 1975, moneys (the entitlement to which is based upon remunera-
tion for employment) due from, or payable by, the United States
H. R. 2491—803
or the District of Columbia (including any agency, subdivision,
or instrumentality thereof) to any individual, including members
of the Armed Forces of the United States, shall be subject, in
like manner and to the same extent as if the United States or
the District of Columbia were a private person, to withholding
in accordance with State law enacted pursuant to subsections (a)(1)
and (b) of section 466 and regulations of the Secretary under such
subsections, and to any other legal process brought, by a State
agency administering a program under a State plan approved under
this part or by an individual obligee, to enforce the legal obligation
of the individual to provide child support or alimony.
‘‘(b) CONSENT TO REQUIREMENTS APPLICABLE TO PRIVATE PER-
SON.—With respect to notice to withhold income pursuant to sub-
section (a)(1) or (b) of section 466, or any other order or process
to enforce support obligations against an individual (if the order
or process contains or is accompanied by sufficient data to permit
prompt identification of the individual and the moneys involved),
each governmental entity specified in subsection (a) shall be subject
to the same requirements as would apply if the entity were a
private person, except as otherwise provided in this section.
‘‘(c) DESIGNATION OF AGENT; RESPONSE TO NOTICE OR PROC-
ESS.—
‘‘(1) DESIGNATION
OF
AGENT.—The head of each agency
subject to this section shall—
‘‘(A) designate an agent or agents to receive orders
and accept service of process in matters relating to child
support or alimony; and
‘‘(B) annually publish in the Federal Register the des-
ignation of the agent or agents, identified by title or posi-
tion, mailing address, and telephone number.
‘‘(2) RESPONSE TO NOTICE OR PROCESS.—If an agent des-
ignated pursuant to paragraph (1) of this subsection receives
notice pursuant to State procedures in effect pursuant to sub-
section (a)(1) or (b) of section 466, or is effectively served
with any order, process, or interrogatory, with respect to an
individual’s child support or alimony payment obligations, the
agent shall—
‘‘(A) as soon as possible (but not later than 15 days)
thereafter, send written notice of the notice or service
(together with a copy of the notice or service) to the individ-
ual at the duty station or last-known home address of
the individual;
‘‘(B) within 30 days (or such longer period as may
be prescribed by applicable State law) after receipt of a
notice pursuant to such State procedures, comply with all
applicable provisions of section 466; and
‘‘(C) within 30 days (or such longer period as may
be prescribed by applicable State law) after effective service
of any other such order, process, or interrogatory, respond
to the order, process, or interrogatory.
‘‘(d) PRIORITY OF CLAIMS.—If a governmental entity specified
in subsection (a) receives notice or is served with process, as pro-
vided in this section, concerning amounts owed by an individual
to more than 1 person—
‘‘(1) support collection under section 466(b) must be given
priority over any other process, as provided in section 466(b)(7);
H. R. 2491—804
‘‘(2) allocation of moneys due or payable to an individual
among claimants under section 466(b) shall be governed by
section 466(b) and the regulations prescribed under such sec-
tion; and
‘‘(3) such moneys as remain after compliance with para-
graphs (1) and (2) shall be available to satisfy any other such
processes on a first-come, first-served basis, with any such
process being satisfied out of such moneys as remain after
the satisfaction of all such processes which have been previously
served.
‘‘(e) NO REQUIREMENT TO VARY PAY CYCLES.—A governmental
entity that is affected by legal process served for the enforcement
of an individual’s child support or alimony payment obligations
shall not be required to vary its normal pay and disbursement
cycle in order to comply with the legal process.
‘‘(f) RELIEF FROM LIABILITY.—
‘‘(1) Neither the United States, nor the government of the
District of Columbia, nor any disbursing officer shall be liable
with respect to any payment made from moneys due or payable
from the United States to any individual pursuant to legal
process regular on its face, if the payment is made in accordance
with this section and the regulations issued to carry out this
section.
‘‘(2) No Federal employee whose duties include taking
actions necessary to comply with the requirements of subsection
(a) with regard to any individual shall be subject under any
law to any disciplinary action or civil or criminal liability or
penalty for, or on account of, any disclosure of information
made by the employee in connection with the carrying out
of such actions.
‘‘(g) REGULATIONS.—Authority to promulgate regulations for the
implementation of this section shall, insofar as this section applies
to moneys due from (or payable by)—
‘‘(1) the United States (other than the legislative or judicial
branches of the Federal Government) or the government of
the District of Columbia, be vested in the President (or the
designee of the President);
‘‘(2) the legislative branch of the Federal Government, be
vested jointly in the President pro tempore of the Senate and
the Speaker of the House of Representatives (or their des-
ignees), and
‘‘(3) the judicial branch of the Federal Government, be
vested in the Chief Justice of the United States (or the designee
of the Chief Justice).
‘‘(h) MONEYS SUBJECT TO PROCESS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), moneys paid
or payable to an individual which are considered to be based
upon remuneration for employment, for purposes of this sec-
tion—
‘‘(A) consist of—
‘‘(i) compensation paid or payable for personal serv-
ices of the individual, whether the compensation is
denominated as wages, salary, commission, bonus, pay,
allowances, or otherwise (including severance pay, sick
pay, and incentive pay);
‘‘(ii) periodic benefits (including a periodic benefit
as defined in section 228(h)(3)) or other payments—
H. R. 2491—805
‘‘(I) under the insurance system established
by title II;
‘‘(II) under any other system or fund estab-
lished by the United States which provides for
the payment of pensions, retirement or retired pay,
annuities, dependents’ 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 established
to provide ‘black lung’ benefits; or
‘‘(V) by the Secretary of Veterans Affairs as
pension, or as compensation for a service-connected
disability or death; 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 the individual in carrying
out duties associated with the employment of the
individual; or
‘‘(ii) as allowances for members of the uniformed
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 efficient performance of duty.
‘‘(2) CERTAIN
AMOUNTS
EXCLUDED.—In determining the
amount of any moneys due from, or payable by, the United
States to any individual, there shall be excluded amounts
which—
‘‘(A) are owed by the individual to the United States;
‘‘(B) are required by law to be, and are, deducted
from the remuneration or other payment involved, includ-
ing Federal employment taxes, and fines and forfeitures
ordered by court-martial;
‘‘(C) are properly withheld for Federal, State, or local
income tax purposes, if the withholding of the amounts
is authorized or required by law and if amounts withheld
are not greater than would be the case if the individual
claimed all dependents to which he was entitled (the
withholding of additional amounts pursuant to section
3402(i) of the Internal Revenue Code of 1986 may be per-
mitted only when the individual presents evidence of a
tax obligation which supports the additional withholding);
‘‘(D) are deducted as health insurance premiums;
‘‘(E) are deducted as normal retirement contributions
(not including amounts deducted for supplementary cov-
erage); or
‘‘(F) are deducted as normal life insurance premiums
from salary or other remuneration for employment (not
including amounts deducted for supplementary coverage).
‘‘(i) DEFINITIONS.—For purposes of this section—
‘‘(1) UNITED
STATES.—The term ‘United States’ includes
any department, agency, or instrumentality of the legislative,
judicial, or executive branch of the Federal Government, the