145
the option of the State, a plan approved by
the State agency administering the State
program under this part; or
‘‘(ii) if the individual is subject to
such a plan and is not incapacitated, par-
ticipate in such work activities (as defined
in section 407(d)) as the court, or, at the
option of the State, the State agency ad-
ministering the State program under this
part, deems appropriate.
‘‘(B) PAST-DUE SUPPORT DEFINED.—For
purposes of subparagraph (A), the term ‘past-
due support’ means the amount of a delin-
quency, determined under a court order, or an
order of an administrative process established
under State law, for support and maintenance
of a child, or of a child and the parent with
whom the child is living.’’.
(b) CONFORMING AMENDMENT.—The flush para-
graph at the end of section 466(a) (42 U.S.C.666(a)) is
amended by striking ‘‘and (7)’’ and inserting ‘‘(7), and
(15)’’.
146
SEC. 706. DEFINITION OF SUPPORT ORDER.
Section 453 (42 U.S.C. 653) as amended by sections
206 and 505(b) of this Act, is amended by adding at the
end the following new subsection:
‘‘(p) SUPPORT ORDER DEFINED.—As used in this
part, the term ‘support order’ means a judgment, decree,
or order, whether temporary, final, or subject to modifica-
tion, issued by a court or an administrative agency of com-
petent jurisdiction, for the support and maintenance of a
child, including a child who has attained the age of major-
ity under the law of the issuing State, or a child and the
parent with whom the child is living, which provides for
monetary support, health care, arrearages, or reimburse-
ment, and which may include related costs and fees, inter-
est and penalties, income withholding, attorneys’ fees, and
other relief.’’.
SEC. 707. REPORTING ARREARAGES TO CREDIT BUREAUS.
Section 466(a)(7) (42 U.S.C. 666(a)(7)) is amended
to read as follows:
‘‘(7) REPORTING ARREARAGES TO CREDIT BU-
REAUS.—
‘‘(A) IN GENERAL.—Procedures (subject to
safeguards pursuant to subparagraph (B)) re-
quiring the State to report periodically to
consumer reporting agencies (as defined in sec-
tion 603(f) of the Fair Credit Reporting Act
147
(15 U.S.C. 1681a(f)) the name of any non-
custodial parent who is delinquent in the pay-
ment of support, and the amount of overdue
support owed by such parent.
‘‘(B) SAFEGUARDS.—Procedures ensuring
that, in carrying out subparagraph (A), infor-
mation with respect to a noncustodial parent is
reported—
‘‘(i) only after such parent has been
afforded all due process required under
State law, including notice and a reason-
able opportunity to contest the accuracy of
such information; and
‘‘(ii) only to an entity that has fur-
nished evidence satisfactory to the State
that the entity is a consumer reporting
agency (as so defined).’’.
SEC. 708. LIENS.
Section 466(a)(4) (42 U.S.C. 666(a)(4)) is amended
to read as follows:
‘‘(4) LIENS.—Procedures under which—
‘‘(A) liens arise by operation of law against
real and personal property for amounts of over-
due support owed by a noncustodial parent who
resides or owns property in the State; and
148
‘‘(B) the State accords full faith and credit
to liens described in subparagraph (A) arising
in another State, when the State agency, party,
or other entity seeking to enforce such a lien
complies with the procedural rules relating to
recording or serving liens that arise within the
State, except that such rules may not require
judicial notice or hearing prior to the enforce-
ment of such a lien.’’.
SEC. 709. STATE LAW AUTHORIZING SUSPENSION OF LI-
CENSES.
Section 466(a) (42 U.S.C. 666(a)), as amended by
sections 205, 207(a), 303, and 705 of this Act, is amended
by adding at the end the following:
‘‘(16) AUTHORITY TO WITHHOLD OR SUSPEND
LICENSES.—Procedures under which the State has
(and uses in appropriate cases) authority to withhold
or suspend, or to restrict the use of driver’s licenses,
professional and occupational licenses, and rec-
reational licenses of individuals owing overdue sup-
port or failing, after receiving appropriate notice, to
comply with subpoenas or warrants relating to pa-
ternity or child support proceedings.’’.
149
SEC. 710. DENIAL OF PASSPORTS FOR NONPAYMENT OF
CHILD SUPPORT.
(a) HHS CERTIFICATION PROCEDURE.—
(1) SECRETARIAL
RESPONSIBILITY.—Section
452 (42 U.S.C. 652), as amended by section 505 of
this Act, is amended by adding at the end the fol-
lowing new subsection:
‘‘(k)(1) If the Secretary receives a certification by a
State agency in accordance with the requirements of sec-
tion 454(31) that an individual owes arrearages of child
support in an amount exceeding $5,000, the Secretary
shall transmit such certification to the Secretary of State
for action (with respect to denial, revocation, or limitation
of passports) pursuant paragraph (2).
‘‘(2) The Secretary of State shall, upon certification
by the Secretary transmitted under paragraph (1), refuse
to issue a passport to such individual, and may revoke,
restrict, or limit a passport issued previously to such indi-
vidual.
‘‘(3) The Secretary and the Secretary of State shall
not be liable to an individual for any action with respect
to a certification by a State agency under this section.’’.
(2) STATE AGENCY RESPONSIBILITY.—Section
454 (42 U.S.C. 654), as amended by sections
101(b), 103(a), 202(b), 203(a), 403, and 503(b) of
this Act, is amended—
150
(A) by striking ‘‘and’’ at the end of para-
graph (29);
(B) by striking the period at the end of
paragraph (30) and inserting ‘‘; and’’; and
(C) by adding after paragraph (30) the fol-
lowing new paragraph:
‘‘(31) provide that the State agency will have in
effect a procedure for certifying to the Secretary, for
purposes of the procedure under section 452(k), de-
terminations that individuals owe arrearages of child
support in an amount exceeding $5,000, under
which procedure—
‘‘(A) each individual concerned is afforded
notice of such determination and the con-
sequences thereof, and an opportunity to con-
test the determination; and
‘‘(B) the certification by the State agency
is furnished to the Secretary in such format,
and accompanied by such supporting docu-
mentation, as the Secretary may require.’’.
(b) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall become effective October
1, 1997.
151
SEC. 711. INTERNATIONAL SUPPORT ENFORCEMENT.
(a) 
AUTHORITY
FOR
INTERNATIONAL
AGREE-
MENTS.—Part D of title IV, as amended by section 702(a)
of this Act, is amended by adding after section 459 the
following new section:
‘‘SEC. 459A. INTERNATIONAL SUPPORT ENFORCEMENT.
‘‘(a) AUTHORITY FOR DECLARATIONS.—
‘‘(1) DECLARATION.—The Secretary of State,
with the concurrence of the Secretary of Health and
Human Services, is authorized to declare any foreign
country (or a political subdivision thereof) to be a
foreign reciprocating country if the foreign country
has established, or undertakes to establish, proce-
dures for the establishment and enforcement of du-
ties of support owed to obligees who are residents of
the United States, and such procedures are substan-
tially in conformity with the standards prescribed
under subsection (b).
‘‘(2) REVOCATION.—A declaration with respect
to a foreign country made pursuant to paragraph
(1) may be revoked if the Secretaries of State and
Health and Human Services determine that—
‘‘(A) the procedures established by the for-
eign country regarding the establishment and
enforcement of duties of support have been so
changed, or the foreign country’s implementa-
152
tion of such procedures is so unsatisfactory,
that such procedures do not meet the criteria
for such a declaration; or
‘‘(B) continued operation of the declaration
is not consistent with the purposes of this part.
‘‘(3) FORM
OF
DECLARATION.—A declaration
under paragraph (1) may be made in the form of an
international agreement, in connection with an inter-
national agreement or corresponding foreign declara-
tion, or on a unilateral basis.
‘‘(b) STANDARDS FOR FOREIGN SUPPORT ENFORCE-
MENT PROCEDURES.—
‘‘(1) MANDATORY
ELEMENTS.—Support en-
forcement procedures of a foreign country which
may be the subject of a declaration pursuant to sub-
section (a)(1) shall include the following elements:
‘‘(A) The foreign country (or political sub-
division thereof) has in effect procedures, avail-
able to residents of the United States—
‘‘(i) for establishment of paternity,
and for establishment of orders of support
for children and custodial parents; and
‘‘(ii) for enforcement of orders to pro-
vide support to children and custodial par-
ents, including procedures for collection
153
and appropriate distribution of child sup-
port payments under such orders.
‘‘(B) The procedures described in subpara-
graph (A), including legal and administrative
assistance, are provided to residents of the
United States at no cost.
‘‘(C) An agency of the foreign country is
designated as a Central Authority responsible
for—
‘‘(i) facilitating support enforcement in cases
involving residents of the foreign country and resi-
dents of the United States; and
‘‘(ii) ensuring compliance with the standards es-
tablished pursuant to this subsection.
‘‘(2) ADDITIONAL ELEMENTS.—The Secretary
of Health and Human Services and the Secretary of
State, in consultation with the States, may establish
such additional standards as may be considered nec-
essary to further the purposes of this section.
‘‘(c) DESIGNATION OF UNITED STATES CENTRAL
AUTHORITY.—It shall be the responsibility of the Sec-
retary of Health and Human Services to facilitate support
enforcement in cases involving residents of the United
States and residents of foreign countries that are the sub-
154
ject of a declaration under this section, by activities in-
cluding—
‘‘(1) development of uniform forms and proce-
dures for use in such cases;
‘‘(2) notification of foreign reciprocating coun-
tries of the State of residence of individuals sought
for support enforcement purposes, on the basis of in-
formation provided by the Federal Parent Locator
Service; and
‘‘(3) such other oversight, assistance, and co-
ordination activities as the Secretary may find nec-
essary and appropriate.
‘‘(d) EFFECT ON OTHER LAWS.—States may enter
into reciprocal arrangements for the establishment and en-
forcement of support obligations with foreign countries
that are not the subject of a declaration pursuant to sub-
section (a), to the extent consistent with Federal law.’’.
(b) STATE PLAN REQUIREMENT.—Section 454 (42
U.S.C. 654), as amended by sections 101(b), 103(a),
202(b), 203(a), 403, 503(b), and 710(a)(2) of this Act,
is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(30);
(2) by striking the period at the end of para-
graph (31) and inserting ‘‘; and’’; and
155
(3) by adding after paragraph (31) the follow-
ing new paragraph:
‘‘(32)(A) provide that any request for services
under this part by a foreign reciprocating country or
a foreign country with which the State has an ar-
rangement described in section 459A(d)(2) shall be
treated as a request by a State;
‘‘(B) provide, at State option, notwithstanding
paragraph (4) or any other provision of this part,
for services under the plan for enforcement of a
spousal support order not described in paragraph
(4)(B) entered by such a country (or subdivision);
and
‘‘(C) provide that no applications will be re-
quired from, and no costs will be assessed for such
services against, the foreign reciprocating country or
foreign obligee (but costs may at State option be as-
sessed against the obligor).’’.
SEC. 712. FINANCIAL INSTITUTION DATA MATCHES.
Section 466(a) (42 U.S.C. 666(a)), as amended by
sections 205, 207(a), 303, 705, and 709 of this Act, is
amended by adding at the end the following new para-
graph:
‘‘(17) 
FINANCIAL
INSTITUTION
DATA
MATCHES.—
156
‘‘(A) IN
GENERAL.—Procedures under
which the State agency shall enter into agree-
ments with financial institutions doing business
in the State—
‘‘(i) to develop and operate, in coordi-
nation with such financial institutions, a
data match system, using automated data
exchanges to the maximum extent feasible,
in which each such financial institution is
required to provide for each calendar quar-
ter the name, record address, social secu-
rity number or other taxpayer identifica-
tion number, and other identifying infor-
mation for each noncustodial parent who
maintains an account at such institution
and who owes past-due support, as identi-
fied by the State by name and social secu-
rity number or other taxpayer identifica-
tion number; and
‘‘(ii) in response to a notice of lien or
levy, encumber or surrender, as the case
may be, assets held by such institution on
behalf of any noncustodial parent who is
subject to a child support lien pursuant to
paragraph (4).
157
‘‘(B) 
REASONABLE
FEES.—The 
State
agency may pay a reasonable fee to a financial
institution for conducting the data match pro-
vided for in subparagraph (A)(i), not to exceed
the actual costs incurred by such financial insti-
tution.
‘‘(C) LIABILITY.—A financial institution
shall not be liable under any Federal or State
law to any person—
‘‘(i) for any disclosure of information
to the State agency under subparagraph
(A)(i);
‘‘(ii) for encumbering or surrendering
any assets held by such financial institu-
tion in response to a notice of lien or levy
issued by the State agency as provided for
in subparagraph (A)(ii); or
‘‘(iii) for any other action taken in
good faith to comply with the requirements
of subparagraph (A).
‘‘(D) DEFINITIONS.—For purposes of this
paragraph—
‘‘(i) FINANCIAL
INSTITUTION.—The
term ‘financial institution’ has the mean-
158
ing given to such term by section
469A(d)(1).
‘‘(ii) ACCOUNT.—The term ‘account’
means a demand deposit account, checking
or negotiable withdrawal order account,
savings account, time deposit account, or
money-market mutual fund account.’’.
SEC. 713. ENFORCEMENT OF ORDERS AGAINST PATERNAL
OR MATERNAL GRANDPARENTS IN CASES OF
MINOR PARENTS.
Section 466(a) (42 U.S.C. 666(a)), as amended by
sections 205, 207(a), 303, 705, 709, and 712 of this Act,
is amended by adding at the end the following new para-
graph:
‘‘(18) ENFORCEMENT OF ORDERS AGAINST PA-
TERNAL
OR
MATERNAL
GRANDPARENTS.—Proce-
dures under which, at the State’s option, any child
support order enforced under this part with respect
to a child of minor parents, if the custodial parent
of such child is receiving assistance under the State
program under part A, shall be enforceable, jointly
and severally, against the parents of the noncusto-
dial parent of such child.’’.
159
SEC. 714. NONDISCHARGEABILITY 
IN 
BANKRUPTCY 
OF
CERTAIN DEBTS FOR THE SUPPORT OF A
CHILD.
(a) AMENDMENT
TO TITLE 11 OF
THE UNITED
STATES CODE.—Section 523(a) of title 11, United States
Code, is amended—
(1) in paragraph (16) by striking the period at
the end and inserting ‘‘; or’’,
(2) by adding at the end the following:
‘‘(17) owed under State law to a State or mu-
nicipality that is—
‘‘(A) in the nature of support, and
‘‘(B) enforceable under part D of title IV
of the Social Security Act (42 U.S.C. 601 et
seq.).’’, and
(3) in paragraph (5), by striking ‘‘section
402(a)(26)’’ and inserting ‘‘section 408(a)(4)’’.
(b) AMENDMENT TO THE SOCIAL SECURITY ACT.—
Section 456(b) (42 U.S.C. 656(b)) is amended to read as
follows:
‘‘(b) NONDISCHARGEABILITY.—A debt (as defined in
section 101 of title 11 of the United States Code) owed
under State law to a State (as defined in such section)
or municipality (as defined in such section) that is in the
nature of support and that is enforceable under this part
160
is not released by a discharge in bankruptcy under title
11 of the United States Code.’’.
(c) APPLICATION OF AMENDMENTS.—The amend-
ments made by this section shall apply only with respect
to cases commenced under title 11 of the United States
Code after the date of the enactment of this Act.
TITLE VIII—MEDICAL SUPPORT
SEC. 801. CORRECTION TO ERISA DEFINITION OF MEDICAL
CHILD SUPPORT ORDER.
(a) IN GENERAL.—Section 609(a)(2)(B) of the Em-
ployee Retirement Income Security Act of 1974 (29
U.S.C. 1169(a)(2)(B)) is amended—
(1) by striking ‘‘issued by a court of competent
jurisdiction’’;
(2) by striking the period at the end of clause
(ii) and inserting a comma; and
(3) by adding, after and below clause (ii), the
following:
‘‘if such judgment, decree, or order (I) is issued
by a court of competent jurisdiction or (II) is
issued through an administrative process estab-
lished under State law and has the force and ef-
fect of law under applicable State law.’’.
(b) EFFECTIVE DATE.—
161
(1) IN GENERAL.—The amendments made by
this section shall take effect on the date of the en-
actment of this Act.
(2) PLAN AMENDMENTS NOT REQUIRED UNTIL
JANUARY 1, 1997.—Any amendment to a plan re-
quired to be made by an amendment made by this
section shall not be required to be made before the
1st plan year beginning on or after January 1,
1997, if—
(A) during the period after the date before
the date of the enactment of this Act and be-
fore such 1st plan year, the plan is operated in
accordance with the requirements of the amend-
ments made by this section; and
(B) such plan amendment applies retro-
actively to the period after the date before the
date of the enactment of this Act and before
such 1st plan year.
A plan shall not be treated as failing to be operated
in accordance with the provisions of the plan merely
because it operates in accordance with this para-
graph.
162
SEC. 802. ENFORCEMENT OF ORDERS FOR HEALTH CARE
COVERAGE.
Section 466(a) (42 U.S.C. 666(a)), as amended by
sections 205, 207(a), 303, 705, 709, 712, and 713 of this
Act, is amended by adding at the end the following new
paragraph:
‘‘(19) HEALTH
CARE
COVERAGE.—Procedures
under which all child support orders enforced pursu-
ant to this part shall include a provision for the
health care coverage of the child, and in the case in
which a noncustodial parent provides such coverage
and changes employment, and the new employer pro-
vides health care coverage, the State agency shall
transfer notice of the provision to the employer,
which notice shall operate to enroll the child in the
noncustodial parent’s health plan, unless the non-
custodial parent contests the notice.’’.
TITLE IX—ENHANCING RESPON-
SIBILITY AND OPPORTUNITY
FOR NON-RESIDENTIAL PAR-
ENTS
SEC. 901. GRANTS TO STATES FOR ACCESS AND VISITA-
TION PROGRAMS.
Part D of title IV (42 U.S.C. 651–669), as amended
by section 603, is amended by adding at the end the fol-
lowing new section:
163
‘‘SEC. 469B. GRANTS TO STATES FOR ACCESS AND VISITA-
TION PROGRAMS.
‘‘(a) IN GENERAL.—The Administration for Children
and Families shall make grants under this section to en-
able States to establish and administer programs to sup-
port and facilitate noncustodial parents’ access to and visi-
tation of their children, by means of activities including
mediation (both voluntary and mandatory), counseling,
education, development of parenting plans, visitation en-
forcement (including monitoring, supervision and neutral
drop-off and pickup), and development of guidelines for
visitation and alternative custody arrangements.
‘‘(b) AMOUNT OF GRANT.—The amount of the grant
to be made to a State under this section for a fiscal year
shall be an amount equal to the lesser of—
‘‘(1) 90 percent of State expenditures during
the fiscal year for activities described in subsection
(a); or
‘‘(2) the allotment of the State under sub-
section (c) for the fiscal year.
‘‘(c) ALLOTMENTS TO STATES.—
‘‘(1) IN GENERAL.—The allotment of a State
for a fiscal year is the amount that bears the same
ratio to the amount appropriated for grants under
this section for the fiscal year as the number of chil-
dren in the State living with only 1 biological parent