H. R. 3734—147
and which may include related costs and fees, interest and penalties,
income withholding, attorneys’ fees, and other relief.’’.
SEC. 367. 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 BUREAUS.—
‘‘(A) IN GENERAL.—Procedures (subject to safeguards
pursuant to subparagraph (B)) requiring the State to report
periodically to consumer reporting agencies (as defined in
section 603(f) of the Fair Credit Reporting Act (15 U.S.C.
1681a(f)) the name of any noncustodial parent who is delin-
quent in the payment of support, and the amount of over-
due support owed by such parent.
‘‘(B) SAFEGUARDS.—Procedures ensuring that, in carry-
ing out subparagraph (A), information 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 reasonable opportunity to contest the accuracy
of such information; and
‘‘(ii) only to an entity that has furnished evidence
satisfactory to the State that the entity is a consumer
reporting agency (as so defined).’’.
SEC. 368. 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 overdue support owed
by a noncustodial parent who resides or owns property
in the State; and
‘‘(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 enforcement of such a lien.’’.
SEC. 369. STATE LAW AUTHORIZING SUSPENSION OF LICENSES.
Section 466(a) (42 U.S.C. 666(a)), as amended by sections 315,
317, 323, and 365 of this Act, is amended by inserting after para-
graph (15) 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
recreational licenses of individuals owing overdue support or
failing, after receiving appropriate notice, to comply with
subpoenas or warrants relating to paternity or child support
proceedings.’’.
SEC. 370. DENIAL OF PASSPORTS FOR NONPAYMENT OF CHILD
SUPPORT.
(a) HHS CERTIFICATION PROCEDURE.—
H. R. 3734—148
(1) SECRETARIAL RESPONSIBILITY.—Section 452 (42 U.S.C.
652), as amended by section 345 of this Act, is amended by
adding at the end the following new subsection:
‘‘(k)(1) If the Secretary receives a certification by a State agency
in accordance with the requirements of section 454(31) that an
individual owes arrearages of child support in an amount exceeding
$5,000, the Secretary shall transmit such certification to the Sec-
retary of State for action (with respect to denial, revocation, or
limitation of passports) pursuant to paragraph (2).
‘‘(2) The Secretary of State shall, upon certification by the
Secretary transmitted under paragraph (1), refuse to issue a pass-
port to such individual, and may revoke, restrict, or limit a passport
issued previously to such individual.
‘‘(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 301(b), 303(a), 312(b), 313(a),
333, and 343(b) of this Act, is amended—
(A) by striking ‘‘and’’ at the end of paragraph (29);
(B) by striking the period at the end of paragraph
(30) and inserting ‘‘; and’’; and
(C) by adding after paragraph (30) the following 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), determinations that individ-
uals 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 consequences thereof, and an
opportunity to contest the determination; and
‘‘(B) the certification by the State agency is furnished
to the Secretary in such format, and accompanied by such
supporting documentation, as the Secretary may require.’’.
(b) EFFECTIVE DATE.—This section and the amendments made
by this section shall become effective October 1, 1997.
SEC. 371. INTERNATIONAL SUPPORT ENFORCEMENT.
(a) AUTHORITY FOR INTERNATIONAL AGREEMENTS.—Part D of
title IV, as amended by section 362(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,
procedures for the establishment and enforcement of duties
of support owed to obligees who are residents of the United
States, and such procedures are substantially 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 deter-
mine that—
H. R. 3734—149
‘‘(A) the procedures established by the foreign country
regarding the establishment and enforcement of duties of
support have been so changed, or the foreign country’s
implementation 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 para-
graph (1) may be made in the form of an international agree-
ment, in connection with an international agreement or cor-
responding foreign declaration, or on a unilateral basis.
‘‘(b) 
STANDARDS
FOR
FOREIGN
SUPPORT
ENFORCEMENT
PROCEDURES.—
‘‘(1) MANDATORY ELEMENTS.—Support enforcement proce-
dures of a foreign country which may be the subject of a
declaration pursuant to subsection (a)(1) shall include the fol-
lowing elements:
‘‘(A) The foreign country (or political subdivision
thereof) has in effect procedures, available 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 provide support
to children and custodial parents, including procedures
for collection and appropriate distribution of support
payments under such orders.
‘‘(B) The procedures described in subparagraph (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 residents
of the United States; and
‘‘(ii) ensuring compliance with the standards estab-
lished 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 necessary to further the purposes of this
section.
‘‘(c) DESIGNATION OF UNITED STATES CENTRAL AUTHORITY.—
It shall be the responsibility of the Secretary of Health and Human
Services to facilitate support enforcement in cases involving resi-
dents of the United States and residents of foreign countries that
are the subject of a declaration under this section, by activities
including—
‘‘(1) development of uniform forms and procedures for use
in such cases;
‘‘(2) notification of foreign reciprocating countries of the
State of residence of individuals sought for support enforcement
purposes, on the basis of information provided by the Federal
Parent Locator Service; and
‘‘(3) such other oversight, assistance, and coordination
activities as the Secretary may find necessary and appropriate.
H. R. 3734—150
‘‘(d) EFFECT ON OTHER LAWS.—States may enter into reciprocal
arrangements for the establishment and enforcement of support
obligations with foreign countries that are not the subject of a
declaration pursuant to subsection (a), to the extent consistent
with Federal law.’’.
(b) STATE PLAN REQUIREMENT.—Section 454 (42 U.S.C. 654),
as amended by sections 301(b), 303(a), 312(b), 313(a), 333, 343(b),
and 370(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 paragraph (31)
and inserting ‘‘; and’’; and
(3) by adding after paragraph (31) the following new para-
graph:
‘‘(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 arrangement 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 required 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 assessed against the obligor).’’.
SEC. 372. FINANCIAL INSTITUTION DATA MATCHES.
Section 466(a) (42 U.S.C. 666(a)), as amended by sections 315,
317, 323, 365, and 369 of this Act, is amended by inserting after
paragraph (16) the following new paragraph:
‘‘(17) FINANCIAL INSTITUTION DATA MATCHES.—
‘‘(A) IN GENERAL.—Procedures under which the State
agency shall enter into agreements with financial institu-
tions doing business in the State—
‘‘(i) to develop and operate, in coordination with
such financial institutions, a data match system, using
automated data exchanges to the maximum extent fea-
sible, in which each such financial institution is
required to provide for each calendar quarter the name,
record address, social security number or other tax-
payer identification number, and other identifying
information for each noncustodial parent who main-
tains an account at such institution and who owes
past-due support, as identified by the State by name
and social security number or other taxpayer identifica-
tion number; and
‘‘(ii) in response to a notice of lien or levy, encum-
ber 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).
‘‘(B) REASONABLE FEES.—The State agency may pay
a reasonable fee to a financial institution for conducting
the data match provided for in subparagraph (A)(i), not
to exceed the actual costs incurred by such financial
institution.