participate in the program for such additional
period or periods as the State determines ap-
propriate, if the individual has participated for
24 months in a State program established
under part G.
‘‘(B) LIMITATION ON PERCENTAGE OF RE-
PEAT PARTICIPANTS.—
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii) of this subparagraph,
the number of individuals allowed under
subparagraph (A) to participate during a
program year in a State program estab-
lished under this subpart shall not exceed
10 percent of the total number of individ-
uals who participated in the program dur-
ing the immediately preceding program
year.
‘‘(ii) AUTHORITY TO INCREASE LIMI-
TATION.—
‘‘(I) PETITION.—A State may re-
quest the Secretary to increase the
percentage 
limitation 
imposed 
by
clause (i) to not more than 15 per-
cent.
‘‘(II) AUTHORITY TO GRANT RE-
QUEST.—The Secretary may approve
a request made pursuant to subclause
(I) if the Secretary deems it appro-
priate. The Secretary shall develop
recommendations on the criteria that
should be applied in evaluating re-
quests under subclause (I).
‘‘SEC. 488. CASELOAD PARTICIPATION RATES; PERFORM-
ANCE MEASURES.
‘‘(a) PARTICIPATION RATES.—
‘‘(1) REQUIREMENT.—A State that operates a
program under this subpart shall achieve a partici-
pation rate for the following fiscal years of not less
than the following percentage:
‘‘Fiscal year:
Percentage:
1997 .........................................................................................
1998 .........................................................................................
1999 .........................................................................................
2000 .........................................................................................
2001 .........................................................................................
2002 .........................................................................................
2003 or later ............................................................................
52.
‘‘(2) PARTICIPATION RATE DEFINED.—As used
in this subsection, the term ‘participation rate’
means, with respect to a State and a fiscal year, an
amount equal to—
‘‘(A) the average monthly number of indi-
viduals who, during the fiscal year, participate
in the State program established under this
subpart or the State program (if any) estab-
lished under part G; divided by
‘‘(B) the average monthly number of indi-
viduals who, during the fiscal year, are adult re-
cipients of aid under the State plan approved
under part A or participate in the State pro-
gram (if any) established under part G.
‘‘(3) STATE
COMPLIANCE
REPORTS.—Each
State that operates a program under this part for a
fiscal year shall submit to the Secretary a report on
the participation rate of the State for the fiscal year.
‘‘(4) EFFECT OF FAILURE TO MEET PARTICIPA-
TION RATES.—
‘‘(A) IN GENERAL.—If a State reports that
the State has failed to achieve the participation
rate required by paragraph (1) for the fiscal
year, the Secretary may make recommendations
for changes in the State program established
under this subpart and (if the State has estab-
lished a program under part G) the State pro-
gram established under part G. The State may
elect to follow such recommendations, and shall
demonstrate to the Secretary how the State will
achieve the required participation rates.
‘‘(B) SECOND
CONSECUTIVE
FAILURE.—
Notwithstanding subparagraph (A), if a State
fails to achieve the participation rate required
by paragraph (1) for 2 consecutive fiscal years,
the Secretary may require the State to make
changes in the State program established under
this subpart and (if the State has established a
program under part G) the State program es-
tablished under part G.
‘‘(b) PERFORMANCE STANDARDS.—The Secretary
shall develop standards to be used to measure the effec-
tiveness of the programs established under this subpart
and part G in moving recipients of aid under the State
plan approved under part A into full-time unsubsidized
employment.
‘‘(c) PERFORMANCE-BASED MEASURES.—
‘‘(1) ESTABLISHMENT.—The Secretary shall, by
regulation, establish measures of the effectiveness of
the State programs established under this subpart
and under part G in moving recipients of aid under
the State plan approved under part A into full-time
unsubsidized employment, based on the performance
of such programs.
‘‘(2) ANNUAL
COMPLIANCE
REPORTS.—Each
State that operates a program under this part shall
submit to the Secretary annual reports that compare
the achievements of the program with the perform-
ance-based measures established under paragraph
(1).
‘‘Subpart 2—Optional State Plans
‘‘SEC. 489. STATE ROLE.
‘‘(a) PROGRAM REQUIREMENTS.—Any State may es-
tablish and operate a work first program that meets the
following requirements:
‘‘(1) OBJECTIVE.—The objective of the pro-
gram is for each program participant to find and
hold a full-time unsubsidized paid job, and for this
goal to be achieved in a cost-effective fashion.
‘‘(2) METHOD.—The method of the program is
to connect recipients of aid to families with depend-
ent children with the private sector labor market as
soon as possible and offer them the support and
skills necessary to remain in the labor market. Each
component of the program should be permeated with
an emphasis on employment and with an under-
standing that minimum wage jobs are a stepping
stone to more highly paid employment.
‘‘(3) JOB
CREATION.—The creation of jobs,
with an emphasis on private sector jobs, shall be a
component of the program and shall be a priority for
each State office with responsibilities under the
program.
‘‘(4) 2-YEAR LIMITATION ON PARTICIPATION.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), an individual may not par-
ticipate in a State program established under
this subpart if the individual has participated in
the State program established under subpart 1
or this subpart for 24 months after the date the
individual first signed an agreement of mutual
responsibility under either such subpart, exclud-
ing any month during which the individual
worked for an average of at least 30 hours per
week in a private sector job.
‘‘(B) AUTHORITY TO ALLOW REPEAT PAR-
TICIPATION.—Subject to subparagraph (C), a
State may allow an individual who, by reason of
subparagraph (A), would be prohibited from
participating in the State program established
under this subpart to participate in the pro-
gram for such additional period or periods as
the State determines appropriate, if the individ-
ual has participated for 24 months in the State
community service program established under
part G.
‘‘(C) LIMITATION ON PERCENTAGE OF RE-
PEAT PARTICIPANTS.—
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii) of this subparagraph,
the number of individuals allowed under
subparagraph (A) to participate during a
program year in a State program estab-
lished under this subpart shall not exceed
10 percent of the total number of individ-
uals who participated in the program dur-
ing the immediately preceding program
year.
‘‘(ii) AUTHORITY TO INCREASE LIMI-
TATION.—
‘‘(I) PETITION.—A State may re-
quest the Secretary to increase the
percentage 
limitation 
imposed 
by
clause (i) to not more than 15 per-
cent.
‘‘(II) AUTHORITY TO GRANT RE-
QUEST.—The Secretary may approve
a request made pursuant to subclause
(I) if the Secretary deems it appro-
priate. The Secretary shall develop
recommendations on the criteria that
rate’ means, with respect to a State and a fiscal
year, an amount equal to—
‘‘(i) the average monthly number of
individuals who, during the fiscal year,
participate in the State program estab-
lished under this subpart or the State pro-
gram (if any) established under part G; di-
vided by
‘‘(ii) the average monthly number of
individuals who, during the fiscal year, are
adult recipients of aid under the State plan
approved under part A or participate in
the State program (if any) established
under part G.
‘‘(b) ANNUAL REPORTS.—
‘‘(1) COMPLIANCE WITH PERFORMANCE MEAS-
URES.—Each State that operates a program under
this subpart shall submit to the Secretary annual re-
ports that compare the achievements of the program
with the performance-based measures established
under section 490(b).
‘‘(2) 
COMPLIANCE
WITH
PARTICIPATION
RATES.—Each State that operates a program under
this subpart for a fiscal year shall submit to the Sec-
retary a report on the participation rate of the State
for the fiscal year.
‘‘SEC. 490. FEDERAL ROLE.
‘‘(a) APPROVAL OF STATE PLANS.—The Secretary
shall approve any State plan that provides for the estab-
lishment and operation of a work first program that meets
the requirements of section 489.
‘‘(b) PERFORMANCE-BASED MEASURES.—The Sec-
retary shall, by regulation, establish measures of the effec-
tiveness of the State program established under this sub-
part and (if the State has established a program under
part G) the State program established under part G in
moving recipients of aid under the State plan approved
under part A into full-time unsubsidized employment,
based on the performance of such programs.
‘‘(c) EFFECT OF FAILURE TO MEET PARTICIPATION
RATES.—
‘‘(1) IN GENERAL.—If a State reports that the
State has failed to achieve the participation rate re-
quired by section 489(a)(7) for the fiscal year, the
Secretary may make recommendations for changes
in the State program established under this subpart
and (if the State has established a program under
part G) the State program established under part G.
The State may elect to follow such recommenda-
tions, and shall demonstrate to the Secretary how
the State will achieve the required participation
rates.
‘‘(2) SECOND
CONSECUTIVE
FAILURE.—Not-
withstanding paragraph (1), if the State has failed
to achieve the participation rates required by section
489(a)(7) for 2 consecutive fiscal years, the Sec-
retary may require the State to make changes in the
State program established under this subpart and (if
the State has established a program under part G)
the State program established under part G.
‘‘Part G—Community Service Program
‘‘SEC. 491. ESTABLISHMENT AND OPERATION OF PROGRAM.
‘‘(a) IN GENERAL.—A State that establishes a work
first program under a subpart of part F may establish
and carry out a community service program that meets
the requirements of this part.
‘‘(b) OBJECTIVE.—The objective of the community
service program is for each program participant to find
and hold a full-time unsubsidized paid job, and for this
goal to be achieved in a cost-effective fashion.
‘‘(c) CASE MANAGEMENT TEAMS.—The State shall
assign to each program participant a case management
team that shall meet with the participant and assist the
participant to choose the most suitable community service
job under subsection (d) and to eventually obtain a full-
time unsubsidized paid job.
‘‘(d) PROVISION OF COMMUNITY SERVICE JOB.—
‘‘(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), the State shall provide each par-
ticipant with a full-time community service job
under which the participant works a minimum of 30
hours per week and is paid at a rate which is not
greater than 75 percent of the maximum amount of
aid payable under the State plan approved under
part A to a family of the same size and composition
with no income.
‘‘(2) EXCEPTION.—(A) If the participant has
obtained unsubsidized part-time employment in the
private sector, the State shall provide the participant
with a part-time community service job.
‘‘(B) If the State provides a participant a part-
time community service job under subparagraph (A),
such State shall ensure that the total number of
hours that the participant works in a week is at
least 30 hours.
‘‘(3) WAIVER.—(A) The State may submit to
the Secretary a request for a waiver of the 30-hour
per week work requirement described in paragraph
(1) if such requirement is too financially burdensome
for the State to meet.
‘‘(B) Any waiver granted under subparagraph
(A) shall require the State—
‘‘(i) to ensure that each participant works
part-time at the community service job; and
‘‘(ii) to meet such 30-hour per week work
requirement by the year 2001.
‘‘(4) WAGES
NOT
CONSIDERED
EARNED
IN-
COME.—Wages paid under a community service pro-
gram shall not be considered to be earned income for
purposes of any provision of law.
‘‘(5) COMMUNITY SERVICE JOB DEFINED.—For
purposes of this section, the term ‘community serv-
ice job’ means—
‘‘(A) a job provided to a participant by the
State administering the State plan under part
A; or
‘‘(B) a job provided to a participant by any
other employer for which all or part of the
wages are paid by the State.
A State may provide or subsidize under the program
any job which the State determines to be appro-
priate.
‘‘(e) JOB SEARCH REQUIREMENT.—The State shall
require each participant to spend a minimum of 5 hours
per week on activities related to securing unsubsidized
full-time employment in the private sector.
‘‘(f) DURATION OF PARTICIPATION.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), an individual may not participate for
more than 2 years in a community service program
under this part.
‘‘(2) AUTHORITY
TO
ALLOW
REPEATED
PAR-
TICIPATION.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), a State may allow an individual
who, by reason of paragraph (1), would be pro-
hibited from participating in the State program
established under this subpart to participate in
the program for such additional period or peri-
ods as the State determines appropriate.
‘‘(B) LIMITATION ON PERCENTAGE OF RE-
PEAT PARTICIPANTS.—
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), the number of individ-
uals allowed under subparagraph (A) to
participate during a program year in a
State program established under this sub-
part shall not exceed 10 percent of the
total number of individuals who partici-
pated in the program during the imme-
diately preceding program year.
‘‘(ii) AUTHORITY TO INCREASE LIMI-
TATION.—
‘‘(I) PETITION.—A State may re-
quest the Secretary to increase the
percentage 
limitation 
imposed 
by
clause (i) to not more than 15 per-
cent.
‘‘(II) AUTHORITY TO GRANT RE-
QUEST.—The Secretary may approve
a request made pursuant to subclause
(I) if the Secretary deems it appro-
priate. The Secretary shall develop
recommendations on the criteria that
should be applied in evaluating re-
quests under subclause (I).
‘‘(g) USE OF PLACEMENT COMPANIES.—A State that
establishes a community service program under this part
may enter into contracts with private companies (whether
operated for profit or not for profit) for the placement of
participants in the program in positions of full-time em-
ployment, preferably in the private sector, for wages suffi-
cient to eliminate the need of such participants for cash
assistance in accordance with section 483.
‘‘(h) TEMPORARY SUBSIDIZED JOB CREATION.—A
State that establishes a community service program under
this part may establish a program similar to the program
operated by the State of Oregon, which is known as
‘JOBS Plus’.
‘‘(i) WORK SUPPLEMENTATION PROGRAM.—
‘‘(1) IN GENERAL.—A State that establishes a
community service program under this part may in-
stitute a work supplementation program under
which the State, to the extent it considers appro-
priate, may reserve the sums that would otherwise
be payable to participants in the program as a com-
munity service minimum wage and use the sums in-
stead for the purpose of providing and subsidizing
private sector jobs for the participants.
‘‘(2) EMPLOYER
AGREEMENT.—An employer
who provides a private sector job to a participant
under paragraph (1) shall agree to provide to the
participant an amount in wages equal to the poverty
threshold for a family of three.
‘‘(j) FAILURE TO COMPLY WITH AGREEMENT OF
MUTUAL RESPONSIBILITY
OR OTHER ACT
OF NON-
COMPLIANCE.—
‘‘(1) IN GENERAL.—Subject to paragraph (2),
if the program participant fails without good cause
to comply with an agreement of mutual responsibil-
ity signed by the participant, or the participant oth-
erwise engages in any other act of noncompliance,
the State shall reduce, by such amount as the State
considers appropriate, the amount of aid payable to
the participant under part G.
‘‘(2) MAXIMUM
OF
COMMUNITY
SERVICE
JOBS.—A program participant may not receive more
than 3 community service jobs under the program.
‘‘(3) DETERMINATION OF ACT OF NONCOMPLI-
ANCE.—For purposes of this subsection, the term
‘act of noncompliance’ shall be determined by the
State or the employer and shall include failure by
the participant to accept an offer of full-time em-
ployment in the private sector without good rea-
son.’’.
(c) FUNDING.—Section 403 (42 U.S.C. 603) is
amended by inserting after subsection (b) the following:
‘‘(c)(1) Each State that is operating a program in
accordance with subpart 1 of part F (or in accordance
with a plan approved under subpart 2 of part F) and a
program in accordance with part G shall be entitled to
payments under subsection (d) for any fiscal year in an
amount equal to the sum of the applicable percentages
(specified in such subsection) of its expenditures to carry
out such programs (subject to limitations prescribed by
or pursuant to such parts or this section on expenditures
that may be included for purposes of determining payment
under subsection (d)), but such payments for any fiscal
year in the case of any State may not exceed the limitation
determined under paragraph (2) with respect to the State.
‘‘(2) The limitation determined under this paragraph
with respect to a State for any fiscal year is the amount
that bears the same ratio to the amount specified in para-
graph (3) for such fiscal year as the average monthly num-
ber of adult recipients (as defined in paragraph (4)) in
the State in the preceding fiscal year bears to the average
monthly number of such recipients in all the States for
such preceding year.
‘‘(3)(A) The amount specified in this paragraph is—
‘‘(i) $1,500,000,000 for fiscal year 1997;
‘‘(iii) $2,000,000,000 for fiscal year 1998;
‘‘(iv) $2,600,000,000 for fiscal year 1999;
‘‘(v) $3,100,000,000 for fiscal year 2000; and
‘‘(vi) the amount determined under subpara-
graph (B) for fiscal year 2001 and each succeeding
fiscal year.
‘‘(B) The amount determined under this subpara-
graph for a fiscal year is the product of the following:
‘‘(i) The amount specified in this paragraph for
the immediately preceding fiscal year.
‘‘(ii) 1.00 plus the percentage (if any) by
which—
‘‘(I) the average of the Consumer Price
Index (as defined in section 1(f)(5) of the Inter-
nal Revenue Code of 1986) for the most recent
12-month period for which such information is
available; exceeds
‘‘(II) the average of the Consumer Price
Index (as so defined) for the 12-month period
ending on June 30 of the 2nd preceding fiscal
year.
‘‘(iii) The amount that bears the same ratio to
the amount specified in this paragraph for the im-
mediately preceding fiscal year as the number of in-
dividuals whom the Secretary estimates will partici-
pate in programs operated under part F or G during
the fiscal year bears to the total number of individ-
uals who participated in such programs during such
preceding fiscal year.
‘‘(4) For purposes of this subsection, the term ‘adult
recipient’ in the case of any State means an individual
other than a dependent child (unless such child is the cus-
todial parent of another dependent child) whose needs are
met (in whole or in part) with payments of aid to families
with dependent children.
‘‘(d)(1) In lieu of any payment under subsection (a),
the Secretary shall pay to each State that is operating a
program in accordance with subpart 1 of part F (or in
accordance with a plan approved under subpart 2 of part
F) and a program in accordance with part G, and to which
section 1108 does not apply, with respect to expenditures
by the State to carry out such programs, an amount equal
to 70 percent, or the Federal medical assistance percent-
age (as defined in section 1905(b)) increased by 10 per-
centage points, whichever is the greater, of the total
amount expended during the quarter for the operation and
administration of such programs.
‘‘(2) In lieu of any payment under subsection (a), the
Secretary shall pay to each State that is operating a pro-
gram in accordance with subpart 1 of part F (or in accord-
ance with a plan approved under subpart 2 of part F)
and a program in accordance with part G, and to which
section 1108 applies, with respect to expenditures by the
State to carry out such programs (including expenditures
for child care under section 402(g)(1)(A)), an amount
equal to—
‘‘(A) with respect to so much of such expendi-
tures in a fiscal year as do not exceed the State’s
expenditures in the fiscal year 1987 with respect to
which payments were made to such State from its
allotment for such fiscal year pursuant to part C of
this title as then in effect, 90 percent; and
‘‘(B) with respect to so much of such expendi-
tures in a fiscal year as exceed the amount described
in subparagraph (A)—
‘‘(i) 50 percent, in the case of expenditures
for administrative costs made by a State in op-
erating such programs for such fiscal year
(other than the personnel costs for staff em-
ployed full-time in the operation of such pro-
gram) and the costs of transportation and other
work-related supportive services under section
402(g)(2); and
‘‘(ii) 70 percent or the Federal medical as-
sistance percentage (as defined in the last sen-
tence of section 1118) increased by 10 percent-
age points, whichever is the greater, in the case
of expenditures made by a State in operating
such programs for such fiscal year (other than
for costs described in clause (i)).
‘‘(3) With respect to the amount for which payment
is made to a State under paragraph (2)(A), the State’s
expenditures for the costs of operating such programs may
be in cash or in kind, fairly evaluated.
‘‘(4) Not more than 10 percent of the amount payable
to a State under this subsection for a quarter may be for
expenditures made during the quarter with respect to pro-
gram participants who are not eligible for aid under the
State plan approved under part A.’’.
(d) ENFORCEMENT
OF
PERFORMANCE
STAND-
ARDS.—Section 403(d) (42 U.S.C. 603), as added by sub-
section (c) of this section, is amended by adding at the
end the following:
‘‘(5) If the Secretary determines that the programs
established by a State under parts F and G, as a whole,
have failed for a fiscal year to meet the performance
standards developed by the State under section 481(12),
the Secretary shall, notwithstanding whichever of para-
graph (1) or (2) of this subsection applies to the State,
pay to the State an amount equal to the sum of 50 percent
of the total amount expended during the fiscal year for
the operation and administration of such programs in ac-
cordance with the State plans approved under parts F
and G.’’.
(e) CONFORMING AMENDMENTS.—
(1) Section 402(a) (42 U.S.C. 602(a)) is
amended by striking paragraph (19).
(2) Section 403 (42 U.S.C. 603) is amended by
striking subsections (k) and (l).
(3) 
Section 
407(b)(1)(B) 
(42 
U.S.C.
607(b)(1)(B)) is amended—
(A) by adding ‘‘and’’ at the end of clause
(iii);
(B) by striking ‘‘; and’’ at the end of
clause (iv) and inserting a period; and
(C) by striking clause (v).
(4) Section 407(b)(2)(B)(ii)(I) (42 U.S.C.
607(b)(2)(B)(ii)(I)) is amended by striking ‘‘under
section 402(a)(19) or’’.
(5) 
Section 
407(b)(2)(C) 
(42 
U.S.C.
607(b)(2)(C)) is amended by striking ‘‘section
402(a)(19) and’’.
(6) 
Section 
1115(b)(2)(A) 
(42 
U.S.C.
1315(b)(2)(A)) is amended by striking ‘‘, and
402(a)(19) (relating to the work incentive pro-
gram)’’.
(7) Section 1108 (42 U.S.C. 1308) is amend-
ed—
(A) in subsection (a), by striking ‘‘or, in
the case of part A of title IV, section 403(k)’’;
and
(B) in subsection (d), by striking ‘‘(exclu-
sive of any amounts on account of services and
items to which, in the case of part A of such
title, section 403(k) applies)’’.
(8) Section 1902(a)(19)(A)(i)(I) (42 U.S.C.
1396a(a)(19)(A)(i)(I)) 
is 
amended 
by 
striking
‘‘482(e)(6)’’ and inserting ‘‘486(f)’’.
(9) Section 1928(a)(1) (42 U.S.C. 1396s(a)(1))
is amended by striking ‘‘482(e)(6)’’ and inserting
‘‘486(f)’’.
(f) INTENT OF THE CONGRESS.—The Congress in-
tends for State activities under section 484 of the Social
Security Act (as added by the amendment made by section
301(b) of this Act) to emphasize the use of the funds that
would otherwise be used to provide individuals with aid
to families with dependent children under part A of title
IV of the Social Security Act and with food stamp benefits
under the Food Stamp Act of 1977, to subsidize the wages
of such individuals in temporary jobs.
(g) SENSE OF THE CONGRESS.—It is the sense of
the Congress that States should target individuals who
have not attained 25 years of age for participation in the
program established by the State under part F of title IV
of the Social Security Act (as added by the amendment
made by section 301(b) of this section) in order to break
the cycle of welfare dependency.
SEC. 302. REGULATIONS.
The Secretary of Health and Human Services shall
prescribe such regulations as may be necessary to imple-
ment the amendments made by this title.
SEC. 303. APPLICABILITY TO STATES.
(a) STATE OPTION TO ACCELERATE APPLICABIL-
ITY.—If a State formally notifies the Secretary of Health
and Human Services that the State desires to accelerate
the applicability to the State of the amendments made by
this title, the amendments shall apply to the State on and
after such earlier date as the State may select.
(b) STATE OPTION TO DELAY APPLICABILITY UNTIL
WAIVERS EXPIRE.—The amendments made by this title
shall not apply to a State with respect to which there is
in effect a waiver issued under section 1115 of the Social
Security Act for the State program established under part
F of title IV of such Act, until the waiver expires, if the
State formally notifies the Secretary of Health and
Human Services that the State desires to so delay such
effective date.
(c) AUTHORITY OF THE SECRETARY OF HEALTH
AND HUMAN SERVICES TO DELAY APPLICABILITY TO A
STATE.—If a State formally notifies the Secretary of
Health and Human Services that the State desires to
delay the applicability to the State of the amendments
made by this title, the amendments shall apply to the
State on and after any later date agreed upon by the Sec-
retary and the State.
SEC. 304. SENSE OF THE CONGRESS RELATING TO AVAIL-
ABILITY OF WORK FIRST PROGRAM IN RURAL
AREAS.
It is the sense of the Congress that the Secretary of
Health and Human Services and the States should con-
sider the needs of rural areas in designing State plans
under parts F and G of title IV of the Social Security
Act.
TITLE IV—FAMILY RESPONSIBIL-
ITY AND IMPROVED CHILD
SUPPORT ENFORCEMENT
Subtitle A—Enhancement of Ability
to 
Identify 
and 
Locate
Noncustodial Parents
SEC. 401. EXPANSION OF FUNCTIONS OF FEDERAL PARENT
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-
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. 402. 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’’;
(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) AUTOMATED
DATA
PROCESSING
REQUIRE-
MENTS.—
(1) REVISED REQUIREMENTS.—
(A) STATE PLAN REQUIREMENT.—Section
454(16) (42 U.S.C. 654(16)) is amended—
(i) by striking ‘‘, at the option of the
State,’’;
(ii) by inserting ‘‘and operation by the
State agency’’ after ‘‘for the establish-
ment’’;
(iii) by inserting ‘‘meeting the require-
ments of section 454A’’ after ‘‘information
retrieval system’’;
(iv) by striking ‘‘in the State and lo-
calities thereof, so as (A)’’ and inserting
‘‘so as’’;
(v) by striking ‘‘(i)’’; and
(v) by striking ‘‘(including’’ and all
that follows and inserting a semicolon.
(B) AUTOMATED DATA PROCESSING.—Part
D of title IV (42 U.S.C. 651–669) is amended
by inserting after section 454 the following:
‘‘AUTOMATED DATA PROCESSING
‘‘SEC. 454A. (a) IN GENERAL.—In order to meet the
requirements of this section, for purposes of the require-
ment of section 454(16), a State agency shall have in op-
eration a single statewide automated data processing and
information retrieval system which has the capability to
perform the tasks specified in this section, and performs
such tasks with the frequency and in the manner specified
in this part or in regulations or guidelines of the Sec-
retary.
‘‘(b) PROGRAM MANAGEMENT.—The automated sys-
tem required under this section shall perform such func-
tions as the Secretary may specify relating to management
of the program under this part, including—
‘‘(1) controlling and accounting for use of Fed-
eral, State, and local funds to carry out such pro-
gram; and
‘‘(2) maintaining the data necessary to meet
Federal reporting requirements on a timely basis.
‘‘(c) CALCULATION
OF
PERFORMANCE
INDICA-
TORS.—In order to enable the Secretary to determine the
incentive and penalty adjustments required by sections
452(g) and 458, the State agency shall—
‘‘(1) use the automated system—
‘‘(A) to maintain the requisite data on
State performance with respect to paternity es-
tablishment and child support enforcement in
the State; and
‘‘(B) to calculate the IV–D paternity es-
tablishment percentage and overall performance
in child support enforcement for the State for
each fiscal year; and
‘‘(2) have in place systems controls to ensure
the completeness, 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 integ-
rity, accuracy, and completeness of, access to, and use of
data in the automated system required under this section,
which shall include the following (in addition to such other
safeguards as the Secretary specifies in regulations):
‘‘(1) POLICIES RESTRICTING ACCESS.—Written
policies concerning access to data by State agency
personnel, and sharing of data with other persons,
which—
‘‘(A) permit access to and use of data only
to the extent necessary to carry out program re-
sponsibilities;
‘‘(B) specify the data which may be used
for particular program purposes, and the per-
sonnel permitted access to such data; and
‘‘(C) ensure that data obtained or disclosed
for a limited program purpose is not used or
redisclosed for another, impermissible purpose.
‘‘(2) SYSTEMS
CONTROLS.—Systems controls
(such as passwords or blocking of fields) to ensure
strict adherence to the policies specified under para-
graph (1).
‘‘(3) MONITORING OF ACCESS.—Routine mon-
itoring of access to and use of the automated sys-
tem, through methods such as audit trails and feed-
back mechanisms, to guard against and promptly
identify unauthorized access or use.
‘‘(4) TRAINING AND INFORMATION.—The State
agency shall have in effect procedures to ensure that
all personnel (including State and local agency staff
and contractors) who may have access to or be re-
quired to use sensitive or confidential program data
are fully informed of applicable requirements and
penalties, and are adequately trained in security pro-
cedures.
‘‘(5) PENALTIES.—The State agency shall have
in effect administrative penalties (up to and includ-
ing dismissal from employment) for unauthorized ac-
cess to, or disclosure or use of, confidential data.
‘‘(e) CENTRAL CASE REGISTRY.—
‘‘(1) IN GENERAL.—The automated system re-
quired under this section shall perform the func-
tions, in accordance with the provisions of this sub-
section, of a single central registry containing
records with respect to each case in which services
are being provided by the State agency, using such
standardized data elements (such as names, social
security numbers or other uniform identification
numbers, dates of birth, and case identification
numbers), and containing such other information
(such as information on case status) as the Sec-
retary may require.
‘‘(2) PAYMENT RECORDS.—Each case record in
the central registry with respect to which a child
support order has been established shall include a
record of—
‘‘(A) the amount of monthly (or other peri-
odic) support owed under the support order,
and other amounts due or overdue (including
arrears, interest or late payment penalties, and
fees);
‘‘(B) the date on which the support obliga-
tion will terminate under such order;
‘‘(C) all child support and related amounts
collected (including such amounts as fees, late
payment penalties, and interest on arrearages);
and
‘‘(D) the distribution of such amounts col-
lected.
‘‘(3) UPDATING AND MONITORING.—The State
agency shall promptly establish and maintain, and
regularly monitor, case records in the registry re-
quired by this subsection, on the basis of—
‘‘(A) information on administrative actions
and administrative and judicial proceedings and
orders relating to paternity and support;
‘‘(B) information obtained from matches
with Federal, State, or local data sources;
‘‘(C) information on support collections
and distributions; and
‘‘(D) any other relevant information.
‘‘(f) DATA MATCHES AND OTHER DISCLOSURES OF
INFORMATION.—The automated system required under
this section shall have the capacity, and be used by the
State agency, to extract data at such times, and in such
standardized format or formats, as may be required by
the Secretary, and to share and match data with, and re-
ceive data from, other data bases and data matching serv-
ices, in order to obtain (or provide) information necessary
to enable the State agency (or Secretary or other State
or Federal agencies) to carry out responsibilities under
this part. Data matching activities of the State agency
shall include at least the following:
‘‘(1) NATIONAL CHILD SUPPORT REGISTRY.—
Furnish to the registry established under section
452(a)(11) (and update as necessary, with informa-
tion including notice of expiration of orders) minimal
information (to be specified by the Secretary) on
each child support case in the central case registry.
‘‘(2) FEDERAL
PARENT
LOCATOR
SERVICE.—
Exchange data with the Federal Parent Locator
Service for the purposes specified in section 453.
‘‘(3) AFDC AND
MEDICAID
AGENCIES.—Ex-
change data with State agencies (of the State and
of other States) administering the programs under
part A and title XIX, as necessary for the perform-
ance of State agency responsibilities under this part
and under such programs.
‘‘(4) 
INTRA- 
AND
INTERSTATE
DATA
MATCHES.—Exchange data with other agencies of
the State, agencies of other States, and interstate
information networks, as necessary and appropriate
to carry out (or assist other States to carry out) the
purposes of this part.’’.
(C) IMPLEMENTATION
TIMETABLE.—Sec-
tion 454(24) (42 U.S.C. 654(24)) is amended
to read as follows:
‘‘(24) provide that the State will have in effect
an automated data processing and information re-
trieval system—
‘‘(A) by October 1, 1995, meeting all re-
quirements 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, 1998, meeting all re-
quirements of this part enacted on or before the
date of enactment of the Individual Responsibil-
ity Act of 1995 (but this provision shall not be
construed to alter earlier deadlines specified for
elements of such system);’’.
(2) SPECIAL
FEDERAL
MATCHING
RATE
FOR
DEVELOPMENT COSTS OF AUTOMATED SYSTEMS.—
Section 455(a) (42 U.S.C. 655(a)) is amended—
(A) in paragraph (1)(B)—
(i) by striking ‘‘90 percent’’ and in-
serting ‘‘the percent 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:
‘‘(3)(A) The Secretary shall pay to each State, for
each quarter in fiscal year 1995, 90 percent of so much
of State expenditures described in subparagraph (1)(B) as
the Secretary finds are for a system meeting the require-
ments specified in section 454(16), or meeting such re-
quirements without regard to clause (D) thereof.
‘‘(B)(i) The Secretary shall pay to each State, for
each quarter in fiscal years 1996 through 2000, the per-
centage specified in clause (ii) of so much of State expend-
itures described in subparagraph (1)(B) as the Secretary
finds are for a system meeting the requirements specified
in section 454(16) and 454A, subject to clause (iii).
‘‘(ii) The percentage specified in this clause, for pur-
poses of clause (i), is the higher of—
‘‘(I) 80 percent, or
‘‘(II) the percentage otherwise applicable to
Federal payments to the State under subparagraph
(A) (as adjusted pursuant to section 458).
‘‘(iii) Notwithstanding any other provision of this sec-
tion, the total amount payable by the Secretary with re-
spect to expenditures during fiscal years specified in clause
(i) shall not exceed $260,000,000, to be distributed among
the States, and to be made available at such time or times
over the five-year period, as is provided in regulations is-
sued by the Secretary, taking into account the relative size
of State caseloads and the level of automation needed to
meet the requirements of this part, and payments under
clause (i) shall be made to a State at such times and in
such a manner as provided in the advance planning docu-
ment approved under section 452(d).’’.
100
(3) 
CONFORMING
AMENDMENT.—Section
123(c) of the Family Support Act of 1988 (102
Stat. 2352) is repealed.
(c) MAINTENANCE
OF FEDERAL CHILD SUPPORT
ORDER REGISTRY.—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 the 2nd
sentence of paragraph (10) and inserting ‘‘; and’’;
and
(3) by adding at the end the following:
‘‘(11) maintain a registry of all child support
orders transmitted pursuant to section 454A(f)(1).’’.
(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. 403. NATIONAL PARENT LOCATOR NETWORK.
(a) ESTABLISHMENT.—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-
101
prehensive statewide child support enforcement systems
developed by the States, to—
‘‘(1) allow each State to—
‘‘(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 automated data linkage
whenever available at reasonable cost; 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;
102
‘‘(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; and
‘‘(4) access the central case registry established
pursuant to 454A(e).’’.
(b) SENSE OF THE CONGRESS.—It is the sense of
the Congress that the national network established under
section 453(g) of the Social Security Act should be used
to access State records only through the agency that ad-
ministers the State plan approved under part D of title
IV of such Act.
SEC. 404. PRIVATE ACCESS TO LOCATE AND ENFORCEMENT
SERVICES.
Section 466(a) (42 U.S.C. 666(a)), is amended by in-
serting after paragraph (11) the following:
‘‘(12)(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—
103
‘‘(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
‘‘(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.’’.
Subtitle B—Paternity
Establishment
SEC. 411. SENSE OF THE CONGRESS.
It is the sense of the Congress that social services
should be provided in hospitals to women who have become
pregnant as a result of rape or incest.
104
SEC. 412. AVAILABILITY OF PARENTING SOCIAL SERVICES
FOR NEW FATHERS.
Section 466(a) (42 U.S.C. 666(a)), as amended by
section 404 of this Act, is amended by inserting after
paragraph (12) the following:
‘‘(13) Procedures for providing new fathers
with positive parenting counseling that stresses the
importance of paying child support in a timely man-
ner, in accordance with regulations prescribed by the
Secretary.’’.
SEC. 413. COOPERATION REQUIREMENT AND GOOD CAUSE
EXCEPTION.
(a) CHILD
SUPPORT
ENFORCEMENT
REQUIRE-
MENTS.—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 State agency administer-
ing the plan under this part—
‘‘(A) will make the determination specified
under paragraph (4), as to whether an individ-
ual is cooperating with efforts to establish pa-
ternity and secure support (or has good cause
105
not to cooperate with such efforts) for purposes
of the requirements of sections 402(a)(26) and
1912;
‘‘(B) will advise individuals, both orally
and in writing, of the grounds for good cause
exceptions to the requirement to cooperate with
such efforts;
‘‘(C) will take the best interests of the
child into consideration in making the deter-
mination whether such individual has good
cause not to cooperate with such efforts;
‘‘(D)(i) will make the initial determination
as to whether an individual is cooperating (or
has good cause not to cooperate) with efforts to
establish paternity within 10 days after such in-
dividual is referred to such State agency by the
State agency administering the program under
part A of title XIX;
‘‘(ii) will make redeterminations as to co-
operation or good cause at appropriate inter-
vals; and
‘‘(iii) will promptly notify the individual,
and the State agencies administering such pro-
grams, of each such determination and redeter-
mination;
106
‘‘(E) with respect to any child born on or
after the date 10 months after enactment of
this provision, will not determine (or redeter-
mine) the mother (or other custodial relative) of
such child to be cooperating with efforts to es-
tablish paternity unless such individual fur-
nishes—
‘‘(i) the name of the putative father
(or fathers); and
‘‘(ii) sufficient additional information
to enable the State agency, if reasonable
efforts were made, to verify the identity of
the person named as the putative father
(including such information as the putative
father’s present address, telephone num-
ber, date of birth, past or present place of
employment, school previously or currently
attended, and names and addresses of par-
ents, friends, or relatives able to provide
location information, or other information
that could enable service of process on
such person), and
‘‘(F)(i) (where a custodial parent who was
initially determined not to be cooperating (or to
have good cause not to cooperate) is later deter-
107
mined to be cooperating or to have good cause
not to cooperate) will immediately notify the
State agencies administering the programs
under part A of title XIX that this eligibility
condition has been met; and
‘‘(ii) (where a custodial parent was initially
determined to be cooperating (or to have good
cause not to cooperate)) will not later determine
such individual not to be cooperating (or not to
have good cause not to cooperate) until such in-
dividual has been afforded an opportunity for a
hearing.’’.
(b) AFDC AMENDMENTS.—
(1) Section 402(a)(11) (42 U.S.C. 602(a)(11))
is amended by striking ‘‘furnishing of’’ and inserting
‘‘application for’’.
(2) Section 402(a)(26) (42 U.S.C. 602(a)(26))
is amended—
(A) in each of subparagraphs (A) and (B),
by redesignating clauses (i) and (ii) as
subclauses (I) and (II);
(B) by indenting and redesignating sub-
paragraphs (A), (B), and (C) as clauses (i), (ii),
and (iv), respectively;
(C) in clause (ii), as redesignated—
108
(i) by striking ‘‘is claimed, or in ob-
taining any other payments or property
due such applicant or such child,’’ and in-
serting ‘‘is claimed;’’; and
(ii) by striking ‘‘unless’’ and all that
follows through ‘‘aid is claimed; and’’;
(D) by adding after clause (ii) the follow-
ing new clause:
‘‘(iii) to cooperate with the State in
obtaining any other payments or property
due such applicant or such child; and’’;
(E) in the matter preceding clause (i) (as
so redesignated) to read as follows:
‘‘(26) provide—
‘‘(A) that, as a condition of eligibility for
aid, each applicant or recipient will be required
(subject to subparagraph (C))—’’;
(F) in subparagraph (A)(iv), as redesig-
nated, by striking ‘‘, unless such individual’’
and all that follows through ‘‘individuals in-
volved’’;
(G) by adding at the end the following new
subparagraphs:
‘‘(B) that the State agency will imme-
diately refer each applicant requiring paternity
109
establishment services to the State agency ad-
ministering the program under part D;
‘‘(C) that an individual will not be required
to cooperate with the State, as provided under
subparagraph (A), if the individual is found to
have good cause for refusing to cooperate, as
determined in accordance with standards pre-
scribed by the Secretary, which standards shall
take into consideration the best interests of the
child on whose behalf aid is claimed—
‘‘(i) to the satisfaction of the State
agency administering the program under
part D, as determined in accordance with
section 454(25), with respect to the re-
quirements under clauses (i) and (ii) of
subparagraph (A); and
‘‘(ii) to the satisfaction of the State
agency administering the program under
this part, with respect to the requirements
under clauses (iii) and (iv) of subpara-
graph (A);
‘‘(D) that (except as provided in subpara-
graph (E)) an applicant requiring paternity es-
tablishment services (other than an individual
eligible for emergency assistance as defined in
110
section 406(e)) shall not be eligible for any aid
under a State plan approved under this part
until such applicant—
‘‘(i) has furnished to the agency ad-
ministering the State plan under part D
the 
information 
specified 
in 
section
454(25)(E); or
‘‘(ii) has been determined by such
agency to have good cause not to cooper-
ate;
‘‘(E) that the provisions of subparagraph
(D) shall not apply—
‘‘(i) if the State agency specified in
such subparagraph has not, within 10 days
after such individual was referred to such
agency, provided the notification required
by section 454(25)(D)(iii), until such noti-
fication is received; and
‘‘(ii) if such individual appeals a de-
termination that the individual lacks good
cause for noncooperation, until after such
determination is affirmed after notice and
opportunity for a hearing; and’’; and
(H)(i) by relocating and redesignating as
subparagraph (F) the text at the end of sub-
111
paragraph (A)(ii) beginning with ‘‘that, if the
relative’’ and all that follows through the semi-
colon;
(ii) in subparagraph (F), as so redesig-
nated and relocated, by striking ‘‘subpara-
graphs (A) and (B) of this paragraph’’ and in-
serting ‘‘subparagraph (A)’’; and
(iii) by striking ‘‘and’’ at the end of sub-
paragraph (a)(ii).
(c) MEDICAID AMENDMENTS.—Section 1912(a) (42
U.S.C. 1396k(a)) is amended—
(1) in paragraph (1)(B), by inserting ‘‘(except
as provided in paragraph (2))’’ after ‘‘to cooperate
with the State’’;
(2) in subparagraphs (B) and (C) of paragraph
(1) by striking ‘‘, unless’’ and all that follows and
inserting a semicolon; and
(3) by redesignating paragraph (2) as para-
graph (5), and inserting after paragraph (1) the fol-
lowing new paragraphs:
‘‘(2) provide that the State agency will imme-
diately refer each applicant or recipient requiring
paternity establishment services to the State agency
administering the program under part D of title IV;
112
‘‘(3) provide that an individual will not be re-
quired to cooperate with the State, as provided
under paragraph (1), if the individual is found to
have good cause for refusing to cooperate, as deter-
mined in accordance with standards prescribed by
the Secretary, which standards shall take into con-
sideration the best interests of the individuals in-
volved—
‘‘(A) to the satisfaction of the State agency
administering the program under part D, as de-
termined in accordance with section 454(25),
with respect to the requirements to cooperate
with efforts to establish paternity and to obtain
support (including medical support) from a par-
ent; and
‘‘(B) to the satisfaction of the State agen-
cy administering the program under this title,
with respect to other requirements to cooperate
under paragraph (1);
‘‘(4) provide that (except as provided in para-
graph (5)) an applicant requiring paternity estab-
lishment services (other than an individual eligible
for emergency assistance as defined in section
406(e), or presumptively eligible pursuant to section
113
1920) shall not be eligible for medical assistance
under this title until such applicant—
‘‘(i) has furnished to the agency admin-
istering the State plan under part D of title IV
the information specified in section 454(25)(E);
or
‘‘(ii) has been determined by such agency
to have good cause not to cooperate; and
‘‘(5) provide that the provisions of paragraph
(4) shall not apply with respect to an applicant—
‘‘(i) if such agency has not, within 10 days
after such individual was referred to such agen-
cy, provided the notification required by section
454(25)(D)(iii), until such notification is re-
ceived); and
‘‘(ii) if such individual appeals a deter-
mination that the individual lacks good cause
for noncooperation, until after such determina-
tion is affirmed after notice and opportunity for
a hearing.’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall be effective with respect to applications
filed in or after the first calendar quarter beginning 10
months or more after the date of the enactment of this
Act (or such earlier quarter as the State may select) for
114
aid under a State plan approved under part A of title IV
or for medical assistance under a State plan approved
under title XIX.
SEC. 414. ELIMINATION OF $50 CHILD SUPPORT PASS-
THROUGH TO AFDC RECIPIENTS.
(a) IN
GENERAL.—Section 457(b) (42 U.S.C.
657(b)) is amended—
(1) by striking paragraph (1) and redesignating
paragraphs (2), (3), and (4) as paragraphs (1), (2),
and (3), respectively;
(2) in paragraph (1) (as so redesignated), by
striking ‘‘which are in excess of any amount paid to
the family under paragraph (1)’’;
(3) in paragraph (2) (as so redesignated), by
striking ‘‘(2)’’ and inserting ‘‘(1)’’; and
(4) in paragraph (3) (as so redesignated), by
striking ‘‘, (2), and (3)’’ and inserting ‘‘and (2)’’.
(b) ELIMINATION
OF $50 CHILD SUPPORT DIS-
REGARD
UNDER
AFDC.—Section 402(a)(8)(A) (42
U.S.C. 602(a)(8)(A)) is amended by striking clause (vi).
SEC. 415. FEDERAL MATCHING PAYMENTS.
(a) INCREASED BASE MATCHING RATE.—Section
455(a)(2) (42 U.S.C. 655(a)(2)) is amended to read as
follows:
115
‘‘(2) The applicable percent for a quarter for
purposes of paragraph (1)(A) is—
‘‘(A) for fiscal year 1996, 69 percent;
‘‘(B) for fiscal year 1997, 72 percent; and
‘‘(C) for fiscal year 1998 and succeeding
fiscal years, 75 percent.’’.
(b) MAINTENANCE OF EFFORT.—Section 455 (42
U.S.C. 655) is amended—
(1) in subsection (a)(1), in the matter preced-
ing subparagraph (A), by striking ‘‘From’’ and in-
serting ‘‘Subject to subsection (c), from’’; and
(2) by inserting after subsection (b) the follow-
ing:
‘‘(c) MAINTENANCE OF EFFORT.—Notwithstanding
subsection (a), total expenditures for the State program
under this part for fiscal year 1996 and each succeeding
fiscal year, reduced by the percentage specified for such
fiscal year under subparagraph (A), (B), or (C)(i) of para-
graph (2), shall not be less than such total expenditures
for fiscal year 1995, reduced by 66 percent.’’.
SEC. 416. PERFORMANCE-BASED INCENTIVES AND PEN-
ALTIES.
(a) INCENTIVE ADJUSTMENTS TO FEDERAL MATCH-
ING RATE.—Section 458 (42 U.S.C. 658) is amended to
read as follows:
116
‘‘INCENTIVE ADJUSTMENTS TO MATCHING RATE
‘‘SEC. 458. (a) INCENTIVE ADJUSTMENT.—
‘‘(1) IN GENERAL.—In order to encourage and
reward State child support enforcement programs
which perform in an effective manner, the Federal
matching rate for payments to a State under section
455(a)(1)(A), for each fiscal year beginning on or
after October 1, 1997, shall be increased by a factor
reflecting the sum of the applicable incentive adjust-
ments (if any) determined in accordance with regu-
lations under this section with respect to Statewide
paternity establishment and the overall performance
of the State in child support enforcement.
‘‘(2) STANDARDS.—
‘‘(A) IN
GENERAL.—The Secretary shall
specify in regulations—
‘‘(i) the levels of accomplishment, and
rates of improvement as alternatives to
such levels, which States must attain to
qualify for incentive adjustments under
this section; and
‘‘(ii) the amounts of incentive adjust-
ment that shall be awarded to States
achieving specified accomplishment or im-
117
provement levels, which amounts shall be
graduated, ranging up to—
‘‘(I) 5 percentage points, in con-
nection with Statewide paternity es-
tablishment; and
‘‘(II) 10 percentage points, in
connection with overall performance in
child support enforcement.
‘‘(B) LIMITATION.—In setting performance
standards pursuant to subparagraph (A)(i) and
adjustment amounts pursuant to subparagraph
(A)(ii), the Secretary shall ensure that the ag-
gregate number of percentage point increases as
incentive adjustments to all States do not ex-
ceed such aggregate increases as assumed by
the Secretary in estimates of the cost of this
section as of June 1994, unless the aggregate
performance of all States exceeds the projected
aggregate performance of all States in such cost
estimates.
‘‘(3) DETERMINATION OF INCENTIVE ADJUST-
MENT.—
‘‘(A) USE OF PERFORMACE INDICATORS.—
The Secretary shall, for fiscal year 1998 and
each succeeding fiscal year, determine the
118
amount (if any) of incentive adjustment for
each State on the basis of the data submitted
by the State pursuant to section 454(15)(B)
with respect to performance indicators estab-
lished by the Secretary.
‘‘(B) 
MINIMUM
PERFORMANCE
RE-
QUIRED.—
‘‘(i) IN
GENERAL.—The Secretary
shall not determine an incentive adjust-
ment for a State for a fiscal year if the
level of performance of the State for the
fiscal year with respect to such perform-
ance indicators is below than the perform-
ance threshhold established by the Sec-
retary for the State for the fiscal year.
‘‘(ii) ESTABLISHMENT OF STATE PER-
FORMANCE
THRESHHOLD.—The perform-
ance threshhold with respect to such per-
formance indicators for a State and a fis-
cal year shall be at or above the greater
of—
‘‘(I) the national average level of
performace with respect to such indi-
cators, as of the date of the enact-
ment of this section; or
119
‘‘(II) the level of performance of
the State with respect to such indica-
tors for the immediately preceding fis-
cal year.
‘‘(C) DEADLINE FOR ISSUANCE OF REGU-
LATIONS.—Within 90 days after the date of the
enactment of this section, the Secretary shall
issue regulations setting forth the criteria for
awarding incentive adjustments.
‘‘(4) FISCAL YEAR SUBJECT TO INCENTIVE AD-
JUSTMENT.—The total percentage point increase de-
termined pursuant to this section with respect to a
State program in a fiscal year shall apply as an ad-
justment to the percent applicable under section
455(a)(2) for payments to such State for the suc-
ceeding fiscal year.
‘‘(b) DEFINITIONS.—As used in subsection (a):
‘‘(1) STATEWIDE PATERNITY ESTABLISHMENT
PERCENTAGE.—The term ‘Statewide paternity estab-
lishment percentage’ means, with respect to a fiscal
year, the ratio (expressed as a percentage) of—
‘‘(A) the total number of out-of-wedlock
children in the State under one year of age for
whom paternity is established or acknowledged
during the fiscal year, to
120
‘‘(B) the total number of children born out
of wedlock in the State during such fiscal year.
‘‘(2) OVERALL PERFORMANCE OF THE STATE
IN
CHILD
SUPPORT
ENFORCEMENT.—The term
‘overall performance of the State in child support
enforcement’ means a measure or measures of the
effectiveness of the State agency in a fiscal year
which takes into account factors including—
‘‘(A) the percentage of cases requiring a
child support order in which such an order was
established;
‘‘(B) the percentage of cases in which child
support is being paid;
‘‘(C) the ratio of child support collected to
child support due; and
‘‘(D) the cost-effectiveness of the State
program, as determined in accordance with
standards established by the Secretary in regu-
lations.’’.
(b) TITLE IV–D PAYMENT ADJUSTMENT.—Section
455(a)(2) (42 U.S.C. 655(a)(2)), as amended by section
415(a) of this Act, is amended—
(1) by striking the period at the end of sub-
paragraph (C) and inserting a semicolon; and
121
(2) by adding after and below subparagraph
(C), flush with the left margin of the subsection, the
following:
‘‘increased by the incentive adjustment factor (if any) de-
termined by the Secretary pursuant to section 458.’’.
(c) CONFORMING AMENDMENTS.—Section 454(22)
(42 U.S.C. 654(22)) is amended—
(1) by striking ‘‘incentive payments’’ the 1st
place such term appears and inserting ‘‘incentive ad-
justments’’; and
(2) by striking ‘‘any such incentive payments
made to the State for such period’’ and inserting
‘‘any increases in Federal payments to the State re-
sulting from such incentive adjustments’’.
(d) CALCULATION OF IV–D PATERNITY ESTABLISH-
MENT PERCENTAGE.—
(1) Section 452(g)(1) (42 U.S.C. 652(g)(1)) is
amended in the matter preceding subparagraph (A)
by inserting ‘‘its overall performance in child sup-
port enforcement is satisfactory (as defined in sec-
tion 458(b) and regulations of the Secretary), and’’
after ‘‘1994,’’.
(2) 
Section 
452(g)(2)(A) 
(42 
U.S.C.
652(g)(2)(A)) is amended in the matter preceding
clause (i)—
122
(A) by striking ‘‘paternity establishment
percentage’’ and inserting ‘‘IV–D paternity es-
tablishment percentage’’; and
(B) by striking ‘‘(or all States, as the case
may be)’’.
(3) Section 452(g)(3) (42 U.S.C. 652(g)(3)) is
amended—
(A) by striking subparagraph (A) and re-
designating subparagraphs (B) and (C) as sub-
paragraphs (A) and (B), respectively;
(B) in subparagraph (A) (as so redesig-
nated), by striking ‘‘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 redesig-
nated)—
(i) by inserting ‘‘and overall perform-
ance in child support enforcement’’ after
‘‘paternity establishment percentages’’; and
(ii) by inserting ‘‘and securing sup-
port’’ before the period.
(e) TITLE IV–A PAYMENT REDUCTION.—Section
403 (42 U.S.C. 603) is amended—
123
(1) in subsection (a), by striking ‘‘1958—’’ and
inserting ‘‘1958—’’ (subject to subsection (h))—’’;
(2) in subsection (h), by striking all that pre-
cedes paragraph (3) and inserting the following:
‘‘(h)(1) If the Secretary finds, with respect to a State
program under this part in a fiscal year beginning on or
after October 1, 1996—
‘‘(A)(i) on the basis of data submitted by a
State pursuant to section 454(15)(B), that the State
program in such fiscal year failed to achieve the IV–
D paternity establishment percentage (as defined in
section 452(g)(2)(A)) or the appropriate level of
overall performance in child support enforcement (as
defined in section 458(b)(2)), or to meet other per-
formance measures that may be established by the
Secretary, or
‘‘(ii) on the basis of an audit or audits of such
State 
data 
conducted 
pursuant 
to 
section
452(a)(4)(C), that the State data submitted pursu-
ant to section 454(15)(B) is incomplete or unreli-
able; and
‘‘(B) that, with respect to the succeeding fiscal
year—
‘‘(i) the State failed to take sufficient cor-
rective action to achieve the appropriate per-
124
formance levels as described in subparagraph
(A)(i), or
‘‘(ii) the data submitted by the State pur-
suant to section 454(15)(B) is incomplete or
unreliable,
the amounts otherwise payable to the State under this
part for quarters following the end of such succeeding fis-
cal year, prior to quarters following the end of the first
quarter throughout which the State program is in compli-
ance with such performance requirement, shall be reduced
by the percentage specified in paragraph (2).
‘‘(2) The reductions required under paragraph (1)
shall be—
‘‘(A) not less than 1 nor more than 2 percent,
or
‘‘(B) not less than 2 nor more than 3 percent,
if the finding is the 2nd consecutive finding made
pursuant to paragraph (1), or
‘‘(C) not less than 3 nor more than 5 percent,
if the finding is the 3rd or a subsequent consecutive
such finding.’’; and
(3) in subsection (h)(3), by striking ‘‘not in full
compliance’’ and all that follows and inserting ‘‘de-
termined as a result of an audit to have submitted
incomplete or unreliable data pursuant to section
125
454(15)(B), shall be determined to have submitted
adequate data if the Secretary determines that the
extent of the incompleteness or unreliability of the
data is of a technical nature which does not ad-
versely affect the determination of the level of the
State’s performance.’’.
(f) EFFECTIVE DATES.—
(1) 
INCENTIVE
ADJUSTMENTS.—(A) 
The
amendments made by subsections (a), (b), and (c)
shall become effective October 1, 1996, except to the
extent provided in subparagraph (B).
(B) Section 458 of the Social Security Act, as
in effect immediately before the date of the enact-
ment of this section, shall be effective for purposes
of incentive payments to States for fiscal years be-
fore fiscal year 1998.
(2) PENALTY REDUCTIONS.—(A) The amend-
ments made by subsection (d) shall become effective
with respect to calendar quarters beginning on and
after the date of enactment of this Act.
(B) The amendments made by subsection (e)
shall become effective with respect to calendar quar-
ters beginning on and after the date that is 1 year
after the date of enactment of this Act.
126
SEC. 417. STATE LAWS CONCERNING PATERNITY ESTAB-
LISHMENT.
Section 466(a)(5) (42 U.S.C. 666(a)(5)) is amend-
ed—
(1) by striking ‘‘(5)’’ and inserting ‘‘(5) PRO-
CEDURES
CONCERNING
PATERNITY
ESTABLISH-
MENT.—’’;
(2) in subparagraph (A)—
(A) by striking ‘‘(A)’’ and inserting ‘‘(A)
ESTABLISHMENT
PROCESS
AVAILABLE
FROM
BEFORE BIRTH UNTIL AGE EIGHTEEN.—’’;
(B) by indenting clause (ii) 2 ems from the
left margin; and
(C) by adding at the end the following:
‘‘(iii) Procedures which permit the ini-
tiation of proceedings to establish paternity
before the birth of the child concerned.’’;
(3) in subparagraph (B)—
(A) by striking ‘‘(B)’’ and inserting ‘‘(B)
PROCEDURES
CONCERNING
GENETIC
TEST-
ING.—(i)’’;
(B) in clause (i) (as so redesignated), by
inserting before the period ‘‘, where such re-
quest is supported by a sworn statement by
such party setting forth facts establishing a
127
reasonable possibility of the requisite sexual
contact’’;
(C) by adding at the end the following:
‘‘(ii) Procedures which require the
State agency, in any case in which such
agency orders genetic testing—
‘‘(I) to pay costs of such tests,
subject to recoupment (where the
State so elects) from the putative fa-
ther if paternity is established; and
‘‘(II) to obtain additional testing
in any case where an original test re-
sult is disputed, upon request and ad-
vance payment by the disputing
party.’’;
(4) by striking subparagraph (C) and inserting
the following:
‘‘(C) VOLUNTARY ACKNOWLEDGMENT PRO-
CEDURE.—Procedures for a simple civil process
for voluntarily acknowledging paternity under
which—
‘‘(i) the benefits, rights and respon-
sibilities of acknowledging paternity are ex-
plained to unwed parents;
128
‘‘(ii) due process safeguards are af-
forded; and
‘‘(iii) hospitals and other health care
facilities providing inpatient or outpatient
maternity and pediatric services are re-
quired, as a condition of participation in
the State program under title XIX—
‘‘(I) to explain to unwed parents
the matters specified in clause (i);
‘‘(II) to make available the vol-
untary acknowledgment procedure re-
quired under this subparagraph; and
‘‘(III) (in the case of hospitals
providing maternity services) to have
facilities for obtaining blood or other
genetic samples from the mother, pu-
tative father, and child for genetic
testing; to inform the mother and pu-
tative father of the availability of such
testing (at their expense); and to ob-
tain such samples upon request of
both such individuals;’’;
(5) by striking subparagraphs (D) and (E) and
inserting the following:
129
‘‘(D) LEGAL
STATUS
OF
ACKNOWLEDG-
MENT.—Procedures under which—
‘‘(i) a voluntary acknowledgment of
paternity creates, at State option, either—
‘‘(I) a conclusive presumption of
paternity, or
‘‘(II) a rebuttable presumption
which becomes a conclusive presump-
tion within one year, unless rebutted
or invalidated by an intervening deter-
mination which reaches a contrary
conclusion;
‘‘(ii) (at State option), notwithstand-
ing clause (i), upon the request of a party,
a determination of paternity based on an
acknowledgment may be vacated on the
basis of new evidence, the existence of
fraud, or the best interests of the child;
and
‘‘(iii) a voluntary acknowledgment of
paternity is admissible as evidence of pa-
ternity, and as a basis for seeking a sup-
port order, without requiring any further
proceedings to establish paternity.
130
‘‘(E) BAR ON ACKNOWLEDGMENT RATIFI-
CATION
PROCEEDINGS.—Procedures 
under
which no judicial or administrative proceedings
are required or permitted to ratify an unchal-
lenged acknowledgment of paternity.’’;
(6) by striking subparagraph (F) and inserting
the following:
‘‘(F) ADMISSIBILITY OF GENETIC TESTING
RESULTS.—Procedures—
‘‘(i) requiring that the State admit
into evidence, for purposes of establishing
paternity, results of any genetic test that
is—
‘‘(I) of a type generally acknowl-
edged, by accreditation bodies des-
ignated by the Secretary, as reliable
evidence of paternity; and
‘‘(II) performed by a laboratory
approved by such an accreditation
body;
‘‘(ii) that any objection to genetic
testing results must be made in writing not
later than a specified number of days be-
fore any hearing at which such results may
be introduced into evidence (or, at State
131
option, not later than a specified number
of days after receipt of such results); and
‘‘(iii) that, if no objection is made, the
test results are admissible as evidence of
paternity without the need for foundation
testimony or other proof of authenticity or
accuracy.’’; and
(7) by adding at the end the following:
‘‘(I) 
NO
RIGHT
TO
JURY
TRIAL.—Procedures 
providing 
that
the parties to an action to establish
paternity are not entitled to jury trial.
‘‘(J) TEMPORARY SUPPORT ORDER BASED
ON
PROBABLE
PATERNITY
IN
CONTESTED
CASES.—Procedures which require that a tem-
porary order be issued, upon motion by a party,
requiring the provision of child support pending
an administrative or judicial determination of
parentage, where there is clear and convincing
evidence of paternity (on the basis of genetic
tests or other evidence).
‘‘(K) PROOF OF CERTAIN SUPPORT AND
PATERNITY
ESTABLISHMENT
COSTS.—Proce-
dures under which bills for pregnancy, child-
birth, and genetic testing are admissible as evi-
132
dence without requiring third-party foundation
testimony, and shall constitute prima facie evi-
dence of amounts incurred for such services and
testing on behalf of the child.
‘‘(L) WAIVER OF STATE DEBTS FOR CO-
OPERATION.—Procedures under which the tri-
bunal establishing paternity and support has
discretion to waive rights to all or part of
amounts owed to the State (but not to the
mother) for costs related to pregnancy, child-
birth, and genetic testing and for public assist-
ance paid to the family where the father cooper-
ates or acknowledges paternity before or after
genetic testing.
‘‘(M) STANDING OF PUTATIVE FATHERS.—
Procedures ensuring that the putative father
has a reasonable opportunity to initiate a pater-
nity action.’’.
Subtitle C—Improvement of Child
Support 
Order 
Establishment
Process
SEC. 421. NATIONAL CHILD SUPPORT GUIDELINES COMMIS-
SION.
(a) ESTABLISHMENT.—There is hereby established a
commission to be known as the ‘‘National Child Support
133
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.
(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 6 months after
the date of the enactment of this Act.
(B) 
QUALIFICATIONS
OF
MEMBERS.—
Members of the Commission shall be appointed
from among those who are able to provide ex-
134
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
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.
135
(f) TERMINATION.—The Commission shall terminate
upon the submission of the report described in subsection
(e).
SEC. 422. STATE LAWS PROVIDING EXPEDITED PROCE-
DURES.
(a) STATE LAW REQUIREMENTS.—Section 466 (42
U.S.C. 666) is amended—
(1) in subsection (a)(2), by striking the 1st sen-
tence and inserting the following: ‘‘Expedited admin-
istrative and judicial procedures (including the pro-
cedures specified in subsection (c)) for establishing
paternity and for establishing, modifying, and en-
forcing support obligations.’’; and
(2) by inserting after subsection (b) the follow-
ing:
‘‘(c) EXPEDITED PROCEDURES.—
‘‘(1) ADMINISTRATIVE ACTION BY STATE AGEN-
CY.—Procedures which give the State agency the au-
thority (and recognize and enforce the authority of
State agencies of other States), without the necessity
of obtaining an order from any other judicial or ad-
ministrative tribunal (but subject to due process
safeguards, including (as appropriate) requirements
for notice, opportunity to contest the action, and op-
portunity for an appeal on the record to an inde-
136
pendent administrative or judicial tribunal), to take
the following actions relating to establishment or en-
forcement of orders:
‘‘(A) ESTABLISH
OR
MODIFY
SUPPORT
AMOUNT.—To establish the amount of support
awards in all cases in which services are being
provided under this part, and to modify the
amount of such awards under all orders in-
cluded in the central case registry established
under section 454A(e) (including orders entered
by a court), in accordance with the guidelines
established under section 467.
‘‘(B) GENETIC TESTING.—To order genetic
testing for the purpose of paternity establish-
ment as provided in section 466(a)(5).
‘‘(C) DEFAULT ORDERS.—To enter a de-
fault order, upon a showing of service of proc-
ess and any additional showing required by
State law—
‘‘(i) establishing paternity, in the case
of any putative father who refuses to sub-
mit to genetic testing; and
‘‘(ii) establishing or modifying a sup-
port obligation, in the case of a parent (or
other obligor or obligee) who fails to re-
137
spond to notice to appear at a proceeding
for such purpose.
‘‘(D) SUBPOENAS.—To subpoena any fi-
nancial or other information needed to estab-
lish, modify, or enforce an order, and to sanc-
tion failure to respond to any such subpoena.
‘‘(E) ACCESS TO PERSONAL AND FINAN-
CIAL INFORMATION.—To obtain access, subject
to safeguards on privacy and information secu-
rity, to the following records (including auto-
mated access, in the case of records maintained
in automated data bases):
‘‘(i) records of other State and local
government agencies, including—
‘‘(I) vital statistics (including
records of marriage, birth, and di-
vorce);
‘‘(II) State and local tax and rev-
enue records (including information
on residence address, employer, in-
come and assets);
‘‘(III) records concerning real
and titled personal property;
‘‘(IV) records of occupational and
professional licenses, and records con-
138
cerning the ownership and control of
corporations, partnerships, and other
business entities;
‘‘(V) 
employment 
security
records;
‘‘(VI) records of agencies admin-
istering public assistance programs;
‘‘(VII) records of the motor vehi-
cle department; and
‘‘(VIII) corrections records; and
‘‘(ii) certain records held by private
entities, including—
‘‘(I) customer records of public
utilities and cable television compa-
nies; and
‘‘(II) information (including in-
formation on assets and liabilities) on
individuals who owe or are owed sup-
port (or against or with respect to
whom a support obligation is sought)
held by financial institutions (subject
to limitations on liability of such enti-
ties arising from affording such ac-
cess).
139
‘‘(F) INCOME
WITHHOLDING.—To order
income withholding in accordance with sub-
sections (a)(1) and (b) of section 466.
‘‘(G) SECURE ASSETS TO SATISFY ARREAR-
AGES.—For the purpose of securing overdue
support—
‘‘(i) to intercept and seize any peri-
odic or lump-sum payment to the obligor
by or through a State or local government
agency, including—
‘‘(I) 
unemployment 
compensa-
tion, 
workers’ 
compensation, 
and
other benefits;
‘‘(II) judgments and settlements
in cases under the jurisdiction of the
State or local government; and
‘‘(III) lottery winnings;
‘‘(ii) to attach and seize assets of the
obligor held by financial institutions;
‘‘(iii) to attach public and private re-
tirement funds in appropriate cases, as de-
termined by the Secretary; and
‘‘(iv) to impose liens in accordance
with paragraph (a)(4) and, in appropriate
140
cases, to force sale of property and dis-
tribution of proceeds.
‘‘(H) INCREASE
MONTHLY
PAYMENTS.—
For the purpose of securing overdue support, to
increase the amount of monthly support pay-
ments to include amounts for arrearages (sub-
ject to such conditions or restrictions as the
State may provide).
‘‘(I) 
SUSPENSION
OF
DRIVERS’ 
LI-
CENSES.—To suspend drivers’ licenses of indi-
viduals owing past-due support, in accordance
with subsection (a)(16).
‘‘(2) SUBSTANTIVE AND PROCEDURAL RULES.—
The expedited procedures required under subsection
(a)(2) shall include the following rules and author-
ity, applicable with respect to all proceedings to es-
tablish paternity or to establish, modify, or enforce
support orders:
‘‘(A) LOCATOR
INFORMATION; PRESUMP-
TIONS
CONCERNING
NOTICE.—Procedures
under which—
‘‘(i) the parties to any paternity or
child support proceedings are required
(subject to privacy safeguards) to file with
the tribunal before entry of an order, and
141
to update as appropriate, information on
location and identity (including social secu-
rity number, residential and mailing ad-
dresses, telephone number, driver’s license
number, and name, address, telephone
number, and employer identification num-
ber of employer); and
‘‘(ii) in any subsequent child support
enforcement action between the same par-
ties, the tribunal shall be authorized, upon
sufficient showing that diligent effort has
been made to ascertain such a party’s cur-
rent location, to deem due process require-
ments for notice and service of process to
be met, with respect to such party, by de-
livery to the most recent residential or em-
ployer address so filed pursuant to clause
(i).
‘‘(B) STATEWIDE
JURISDICTION.—Proce-
dures under which—
‘‘(i) the State agency and any admin-
istrative or judicial tribunal with authority
to hear child support and paternity cases
exerts statewide jurisdiction over the par-
142
ties, and orders issued in such cases have
statewide effect; and
‘‘(ii) in the case of a State in which
orders in such cases are issued by local ju-
risdictions, a case may be transferred be-
tween jurisdictions in the State without
need for any additional filing by the peti-
tioner, or service of process upon the re-
spondent, to retain jurisdiction over the
parties.’’.
(b) EXCEPTIONS
FROM
STATE
LAW
REQUIRE-
MENTS.—Section 466(d) is amended—
(1) by striking ‘‘(d) If’’ and inserting the fol-
lowing:
‘‘(d) EXEMPTIONS FROM REQUIREMENTS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2),
if’’; and
(2) by adding at the end the following:
‘‘(2) NON-EXEMPT REQUIREMENTS.—The Sec-
retary shall not grant an exemption from the re-
quirements of—
‘‘(A) subsection (a)(5) (concerning proce-
dures for paternity establishment);
‘‘(B) subsection (a)(10) (concerning modi-
fication of orders);
143
‘‘(C) subsection (a)(12) (concerning re-
cording of orders in the central State case reg-
istry);
‘‘(D) subsection (a)(13) (concerning re-
cording of social security numbers);
‘‘(E) subsection (a)(14) (concerning inter-
state enforcement); or
‘‘(F) subsection (c) (concerning expedited
procedures), other than paragraph (1)(A) there-
of (concerning establishment or modification of
support amount).’’.
(c) AUTOMATION OF STATE AGENCY FUNCTIONS.—
Section 454A, as added by section 402(b)(1)(B) of this
Act, is amended by adding at the end the following:
‘‘(g) EXPEDITED ADMINISTRATIVE PROCEDURES.—
The automated system required under this section shall
be used, to the maximum extent feasible, to implement the
expedited administrative procedures required under sec-
tion 466(c).’’.
Subtitle D—Child Support
Enforcement
SEC. 431. NATIONAL REPORTING OF NEW HIRES AND CHILD
SUPPORT INFORMATION.
(a) FEDERAL IMPLEMENTATION OF SYSTEM.—
144
(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
(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-
145
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—
‘‘(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.
146
‘‘(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-
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.’’.
147
(b) STATE IMPLEMENTATION OF SYSTEM.—Section
466(a) (42 U.S.C. 666(a)), as amended by sections 404
and 412 of this Act, is amended by inserting after para-
graph (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)(11) 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)(11), notify
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)(12);
148
‘‘(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
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
149
‘‘(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.’’.
(c) 
UNIFORM
WITHHOLDING
ORDER.—Section
452(a) (42 U.S.C. 652(a)), as amended by section 402(c)
of this Act, is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(10);
(2) by striking the period at the end of para-
graph (11) and inserting ‘‘; and’’; and
(3) by inserting after paragraph (11) the fol-
lowing:
‘‘(12) 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. 432. CERTAIN BENEFITS SUBJECT TO GARNISHMENT.
(a) FEDERAL DEATH BENEFITS, BLACK LUNG BEN-
EFITS, AND VETERANS BENEFITS.—Section 462(f)(2) (42
150
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. 433. SEIZURE OF LOTTERY WINNINGS, SETTLEMENTS,
PAYOUTS, AWARDS, AND BEQUESTS, AND
SALE OF FORFEITED PROPERTY, TO PAY
CHILD SUPPORT ARREARAGES.
Section 466(a) (42 U.S.C. 666(a)), as amended by
sections 404, 412, and 431(b) of this Act, is amended by
inserting after paragraph (14) the following:
‘‘(15) 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—
‘‘(i) suspend payment of the winnings
from the person otherwise entitled to the
151
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
of the arrearage, and pay the amount with-
held to the agency for distribution.
152
‘‘(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
claims of all other private or public claim-
ants to the property and deducting from
153
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. 434. REPORTING OF CHILD SUPPORT ARREARAGES TO
CREDIT BUREAUS.
Section 466(a)(7) (42 U.S.C. 666(a)(7)) is amend-
ed—
(1) by inserting ‘‘(A)’’ after ‘‘(7)’’;
(2) by redesignating subparagraphs (A), (B),
and (C) as clauses (i), (ii), and (iii), respectively;
and
154
(3) by adding after and below the end the fol-
lowing:
‘‘(B) Procedures requiring any court or admin-
istrative agency of the State, at the time the court
or agency issues or modifies a child support order,
to report to each consumer reporting agency (as so
defined)—
‘‘(i) the name of the individual on whom
the order imposes an obligation to pay child
support pursuant to the order; and
‘‘(ii) the amount of the obligation.’’.
SEC. 435. LIABILITY OF GRANDPARENTS FOR FINANCIAL
SUPPORT OF CHILDREN OF THEIR MINOR
CHILDREN.
Section 466(a) (42 U.S.C. 666(a)), as amended by
sections 404, 412, 431(b), and 433 of this Act, is amended
by inserting after paragraph (15) the following:
‘‘(16) Procedures under which each parent of
an individual who has not attained 18 years of age
is liable for the financial support of any child of the
individual to the extent that the individual is unable
to provide such support. The preceding sentence
shall not apply to the State if the State plan explic-
itly provides for such inapplicability.’’.
155
SEC. 436. SENSE OF THE CONGRESS REGARDING PRO-
GRAMS FOR NONCUSTODIAL PARENTS UN-
ABLE TO MEET CHILD SUPPORT OBLIGA-
TIONS.
It is the sense of the Congress that the States should
develop programs, such as the program of the State of
Wisconsin known as the ‘‘Children’s First Program’’, that
are designed to work with noncustodial parents who are
unable to meet their child support obligations.
SEC. 437. DISTRIBUTION OF PAYMENTS.
(a) DISTRIBUTIONS THROUGH STATE CHILD SUP-
PORT ENFORCEMENT AGENCY TO FORMER ASSISTANCE
RECIPIENTS.—Section 454(5) (42 U.S.C. 654(5)) is
amended—
(1) in subparagraph (A)—
(A) by inserting ‘‘except as otherwise spe-
cifically provided in section 464 or 466(a)(3),’’
after ‘‘is effective,’’; and
(B) by striking ‘‘except that’’ and all that
follows through the semicolon; and
(2) in subparagraph (B), by striking ‘‘, except’’
and all that follows through ‘‘medical assistance’’.
(b) DISTRIBUTION TO A FAMILY CURRENTLY RE-
CEIVING
AFDC.—Section 457 (42 U.S.C. 657), as
amended by section 414(a) of this Act, is amended—
156
(1) by striking subsection (a) and redesignating
subsection (b) as subsection (a); and
(2) in subsection (a) (as so redesignated)—
(A) by striking all that precedes paragraph
(1) and inserting the following:
‘‘(a) IN
THE
CASE
OF
A
FAMILY
RECEIVING
AFDC.—Amounts collected under this part during any
month as support of a child who is receiving aid under
a State plan approved under part A (or of a parent or
caretaker relative of such a child) shall be distributed as
follows:’’;
(B) in paragraph (2)—
(i) by striking ‘‘assistance payments
to the family’’ and inserting ‘‘payments of
aid to the family under the State plan ap-
proved under part A’’; and
(ii) by striking ‘‘and’’ at the end; and
(C) by striking paragraph (3) and insert-
ing the following:
‘‘(3) from any remainder, amounts which have
been assigned pursuant to section 402(a)(26) and
are not in excess of unreimbursed payments of aid
to the family under the State plan approved under
part A shall be (A) retained by the State or (B) if
no such payments by the State are unreimbursed,
157
paid to any other State that may have made such
unreimbursed payments (with appropriate reim-
bursement of the Federal Government to the extent
of its participation in the financing); and
‘‘(4) any remainder shall be paid to the fam-
ily.’’.
(c) DISTRIBUTION TO A FAMILY NOT RECEIVING
AFDC.—Section 457(c) (42 U.S.C. 6576(c)) is amended
to read as follows:
‘‘(c) IN CASE OF FAMILY NOT RECEIVING AFDC.—
Amounts collected by a State agency under this part dur-
ing any month as support of a child who is not receiving
aid under a State plan approved under part A (or of a
parent or caretaker relative of such a child) shall (subject
to the remaining provisions of this section) be distributed
as follows:
‘‘(1) First, amounts equal to the total of such
support owed for such month shall be paid to the
family.
‘‘(2) Second, from any remainder, amounts
equal to arrearages of such support obligations
which have not been assigned pursuant to section
402(a)(26) (and amounts equal to such arrearages
which have been so assigned, but which represent
support for months during which such child did not
158
receive aid under the State plan approved under
part A) shall be paid to the family.
‘‘(3) Third, from any remainder, amounts equal
to arrearages of such support obligations assigned to
the State shall be retained by the State to reimburse
the State for payments of aid to the family under
the State plan approved under part A (with appro-
priate reimbursement of the Federal Government to
the extent of its participation in the financing).
‘‘(4) Fourth, from any remainder, amounts
equal to arrearages of such support obligations as-
signed to another State pursuant to part A shall be
paid to such other State to reimburse such other
State for payments of aid to the family under the
plan approved under part A of such other State, in
the order in which such payments occurred (with ap-
propriate reimbursement of the Federal Government
to the extent of its participation in the financing).
‘‘(5) Fifth, any remainder shall be paid to the
family.’’.
(d) DISTRIBUTION TO A CHILD RECEIVING ASSIST-
ANCE UNDER PART E OF TITLE IV.—Section 457(d) (42
U.S.C. 657(d)) is amended by striking ‘‘(d) Notwithstand-
ing the preceding provisions of this section, amounts’’ and
inserting the following:
159
‘‘(d) IN CASE OF A CHILD RECEIVING ASSISTANCE
UNDER PART E.—Amounts’’.
(e) SUSPENSION OR CANCELLATION OF DEBTS UPON
MARRIAGE OF PARENTS.—Section 457 (42 U.S.C. 657)
is amended by adding at the end the following:
‘‘(e) SUSPENSION OR CANCELLATION OF DEBTS TO
STATE UPON MARRIAGE OF PARENTS.—
‘‘(1) CIRCUMSTANCES REQUIRING SUSPENSION
OR CANCELLATION.—In any case in which a State
has been assigned rights to support owed with re-
spect to a child who is receiving or has received as-
sistance under part A and—
‘‘(A) the parent owing such support mar-
ries (or remarries) the parent with whom such
child is living and to whom such support is
owed and applies to the State for relief under
this subsection;
‘‘(B) the State determines (in accordance
with procedures and criteria established by the
Secretary) that the marriage is not a sham
marriage entered into solely to satisfy this sub-
section; and
‘‘(C) the combined income of such parents
is less than twice the Federal poverty line,
160
the State shall afford relief to the parent owing such
support in accordance with paragraph (2).
‘‘(2) SUSPENSION OR CANCELLATION.—In the
case of a marriage or remarriage described in para-
graph (1), the State shall either—
‘‘(A) cancel all debts owed to the State
pursuant to such assignment; or
‘‘(B) suspend collection of such debts for
the duration of such marriage, and cancel such
debts if such duration extends beyond the end
of the period with respect to which support is
owed.
‘‘(3) NOTICE REQUIRED.—The State shall no-
tify custodial parents of children who are receiving
aid under part A of the relief available under this
subsection to individuals who marry (or remarry).’’.
(f) REGULATIONS.—The Secretary of Health and
Human Services shall promulgate regulations under part
D of title IV of the Social Security Act, establishing a
uniform nationwide standard for allocation of child sup-
port collections from an obligor owing support to more
than 1 family.
(g) ASSIGNMENT
OF SUPPORT RIGHTS.—Section
402(a)(26)(A)(i), as so redesignated by section 413(b)(2)
of this Act, is amended—
161
(1) by striking ‘‘(I)’’; and
(2) by striking ‘‘, and (II)’’ and all that follows
before the semicolon and inserting ‘‘for periods dur-
ing which the applicant is receiving aid under this
part’’.
(h) CLERICAL
AMENDMENT.—Section 454 (42
U.S.C. 654) is amended—
(1) in paragraph (11), by striking ‘‘(11)’’ and
inserting ‘‘(11)(A)’’; and
(2) by redesignating paragraph (12) as sub-
paragraph (B) of paragraph (11).
(i) EFFECTIVE DATE.—The amendments made by
this section shall be effective with respect to calendar
quarters beginning on or after October 1, 1988.
SEC. 438. DUE PROCESS RIGHTS.
(a) IN GENERAL.—Section 454 (42 U.S.C. 654), as
amended by section 437(h)(2) of this Act, is amended by
inserting after paragraph (11) the following:
‘‘(12) provide for procedures to ensure that—
‘‘(A) individuals who are parties to cases
in which services are being provided under this
part—
‘‘(i) receive notice of all proceedings in
which support obligations might be estab-
lished or modified; and
162
‘‘(ii) receive a copy of any order estab-
lishing or modifying a child support obliga-
tion within 14 days after issuance of such
order; and
‘‘(B) individuals receiving services under
this part have access to a fair hearing or other
formal complaint procedure, meeting standards
established by the Secretary, that ensures
prompt consideration and resolution of com-
plaints (but the resort to such procedure shall
not stay the enforcement of any support
order);’’.
(b) EFFECTIVE DATE.—The amendments made by
this section shall become effective on October 1, 1996.
SEC. 439. USE OF SOCIAL SECURITY NUMBERS.
(a) STATE LAW REQUIREMENT.—Section 466(a) (42
U.S.C. 666(a)), as amended by sections 404, 412, 431(b),
433, and 435 of this Act, is amended by inserting after
paragraph (16) the following:
‘‘(17) 
SOCIAL
SECURITY
NUMBERS
RE-
QUIRED.—Procedures requiring the recording of so-
cial security numbers—
‘‘(A) of both parties on marriage licenses
and divorce decrees; and
163
‘‘(B) of both parents, on birth records and
child support and paternity orders.’’.
(b) CLARIFICATION OF FEDERAL POLICY.—Section
205(c)(2)(C)(ii) (42 U.S.C. 405(c)(2)(C)(ii)) is amended
by striking the 3rd sentence and inserting ‘‘This clause
shall not be considered to authorize disclosure of such
numbers except as provided in the preceding sentence.’’.
SEC. 440. ADOPTION OF UNIFORM STATE LAWS.
(a) IN
GENERAL.—Section 466(a) (42 U.S.C.
666(a)), as amended by sections 404, 412, 431(b), 433,
435, and 439(a) of this Act, is amended by inserting after
paragraph (17) the following:
‘‘(18) INTERSTATE ENFORCEMENT.—
‘‘(A) ADOPTION
OF
UIFSA.—Procedures
under which the State adopts in its entirety
(with the modifications and additions specified
in this paragraph) not later than January 1,
1996, and uses on and after such date, the Uni-
form Interstate Family Support Act, as ap-
proved by the National Conference of Commis-
sioners on Uniform State Laws in August,
1992.
‘‘(B) EXPANDED APPLICATION OF UIFSA.—The
State law adopted pursuant to subparagraph (A)
shall be applied to any case—
164
‘‘(i) involving an order established or modi-
fied in one State and for which a subsequent
modification is sought in another State; or
‘‘(ii) in which interstate activity is required
to enforce an order.
‘‘(C) LONG-ARM JURISDICTION, BASED ON RES-
IDENCE OF CHILD.—The State law adopted pursu-
ant to subparagraph (A) shall presume that, in the
case where a child meets the criteria for residence in
the State, a tribunal of the State having jurisdiction
over such child has jurisdiction over both parents of
such child, if parentage has been legally established
or acknowledged, or may be presumed under the
laws of the State.
‘‘(D) JURISDICTION TO MODIFY ORDERS.—For
purposes of the State law adopted pursuant to sub-
paragraph (A), section 611(a)(1) of such Uniform
Act shall be amended to read as follows:
‘‘ ‘(1) the following requirements are met:
‘‘ ‘(i) the child, the individual obligee, and the
obligor—
‘‘ ‘(I) do not reside in the issuing State;
and
165
‘‘ ‘(II) either reside in this State or are
subject to the jurisdiction of this State pursu-
ant to section 201; and
‘‘ ‘(ii) (in any case where another State is exer-
cising or seeks to exercise jurisdiction to modify the
order) the conditions of section 204 are met to the
same extent as required for proceedings to establish
orders; or’.
‘‘(E) PARTIES’ OPTION CONCERNING JURISDIC-
TION.—The State law adopted pursuant to subpara-
graph (A) shall allow parties, by agreement, to per-
mit a State that issued an order to retain jurisdic-
tion which the State would otherwise lose under the
provisions of such law.
‘‘(F) SERVICE
OF
PROCESS.—The State law
adopted pursuant to subparagraph (A) shall recog-
nize as valid, for purposes of any proceeding subject
to such State law, service of process upon persons
in the State (and proof of such service) by any
means acceptable in another State which is the initi-
ating or responding State in such proceeding.
‘‘(G) 
COOPERATION
BY
EMPLOYERS.—The
State law adopted pursuant to subparagraph (A)
shall provide for the use of procedures (including
sanctions for noncompliance) under which all entities
231
month period for which such data are available. The reim-
bursement factors under this clause shall be rounded to
the nearest one-fourth cent. A family or group day care
home shall be provided a reimbursement factor under this
subclause without a requirement for documentation of the
costs described in clause (i), except that reimbursement
shall not be provided under this clause for meals or supple-
ments served to the children of a person acting as a family
or group day care home provider unless such children meet
the eligibility standards for free or reduced price meals
under section 9 of this Act.
‘‘(II) A family or group day care home that does not
meet the criteria set forth in clause (ii)(II), may elect to
be provided a reimbursement factor determined in accord-
ance with the following requirements:
‘‘(aa) With respect to meals or supplements
served under this subsection to children who are
members of households whose incomes meet the eli-
gibility standards for free or reduced price meals
under section 9 of this Act, the family or group day
care home shall be provided reimbursement factors
set by the Secretary in accordance with subclause
(ii)(I).
‘‘(bb) With respect to meals or supplements
served under this subsection to children who are