I
103D CONGRESS
1ST SESSION
H. R. 2241
To provide for the establishment of a committee to assist the Secretary
of Health and Human Services in developing new criteria and standards
for audits of State child support programs, and to require the Secretary
to promulgate regulations to modify such audits to emphasize program
outcomes.
IN THE HOUSE OF REPRESENTATIVES
MAY 24, 1993
Mr. MCDERMOTT introduced the following bill; which was referred to the
Committee on Ways and Means
A BILL
To provide for the establishment of a committee to assist
the Secretary of Health and Human Services in develop-
ing new criteria and standards for audits of State child
support programs, and to require the Secretary to pro-
mulgate regulations to modify such audits to emphasize
program outcomes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. CHILD SUPPORT AUDIT ADVISORY COMMITTEE.
(a) ESTABLISHMENT.—Not later than 60 days after
the date of the enactment of this Act, the Secretary of
Health and Human Services (in this Act referred to as
the ‘‘Secretary’’) shall establish a committee which shall
be known as the Child Support Audit Advisory Committee
(in this Act referred to as the ‘‘Committee’’).
(b) DUTIES.—The Committee shall assist the Sec-
retary in—
(1) developing revised audit criteria and stand-
ards to be used pursuant to section 452(a)(4) of the
Social Security Act based on—
(A) common data elements which are de-
fined, collected, and reported in a uniform man-
ner from each State;
(B) numeric measures of the outcomes of
the child support enforcement program under
part D of title IV of such Act; and
(C) numeric measures for assessing com-
pliance with the regulations issued by the Sec-
retary pursuant to subsections (h) and (i) of
section 452 of such Act;
(2) formulating a definition of substantial com-
pliance that is based on such revised audit criteria
and standards;
(3) determining the period of time after interim
or final Federal regulations are issued implementing
such revised audit criteria and standards after which
a State may be audited to determine compliance
with such regulations; and
(4) recommending to the Congress such legisla-
tion as may be necessary, with respect to the financ-
ing of State child support programs under part D of
title IV of such Act, to enhance the effectiveness of
audits required to be conducted under section
452(a)(4) of such Act and the associated penalty
process under section 403(h) of such Act.
(c) MEMBERSHIP.—The Committee shall be com-
posed of not less than 6 members appointed by the Sec-
retary, including—
(1) at least 1 director of a State child support
enforcement program operating under part D of title
IV of the Social Security Act;
(2) at least 1 commissioner of a State human
services agency;
(3) individuals who have demonstrated expertise
in the development of quantitative and qualitative
measures for performance-based audits; and
(4) at least 2 representatives of recipients of
child support enforcement services.
(d) PROCEDURE.—
(1) PARTICIPATION OF THE SECRETARY.—The
Secretary (or a designee of the Secretary) shall be
an ex officio member of the Committee, and shall
not vote on matters before the Committee.
(2) MEETINGS.—The Committee shall meet at
the call of the Secretary or a designee of the Sec-
retary.
(e) COMPENSATION.—
(1) IN GENERAL.—No member of the Commit-
tee may receive compensation for service on the
Committee.
(2) TRAVEL EXPENSES.—Each member of the
Committee shall receive travel expenses, including
per diem in lieu of subsistence, in accordance with
sections 5702 and 5703 of title 5, United States
Code.
(f) ADMINISTRATIVE SUPPORT.—Upon request of the
Committee, the Secretary shall provide to the Committee
the administrative support services necessary for the Com-
mittee to carry out its duties under this Act.
(g) INAPPLICABILITY OF THE FEDERAL ADVISORY
COMMITTEE ACT.—The Federal Advisory Committee Act
shall not apply to the Committee.
(h) REPORT.—Within 180 days after the date of the
enactment of this Act, the Committee shall submit to the
Secretary a report that contains proposed criteria and
standards for conducting audits under section 452(a)(4)
of the Social Security Act, which emphasize program out-
comes.
SEC. 2. NEW CHILD SUPPORT AUDIT PROCESS.
(a) IN GENERAL.—After consultation with the Com-
mittee, the Secretary shall—
(1) in accordance with subsection (b), promul-
gate new criteria and standards for conducting au-
dits under section 452(a)(4) of the Social Security
Act, which emphasize program outcomes; and
(2) not later than the 1st day of the 12th cal-
endar month beginning after the date of the enact-
ment of this Act, recommend to the Congress such
legislation as may be necessary, with respect to the
financing of State child support programs under
part D of title IV of the Social Security Act, to en-
hance the effectiveness of such audits and the asso-
ciated penalty process under section 403(h) of the
Social Security Act.
(b) TIMING.—
(1) NOTICE OF PROPOSED RULEMAKING.—Not
later than 270 days after the date of the enactment
of this Act, the Secretary shall issue a notice of pro-
posed rulemaking with respect to the audit criteria
and standards required by subsection (a)(1).
(2) FINAL REGULATIONS.—Not later than the
first day of the 12th calendar month beginning after
the date of the enactment of this Act, and after al-
lowing not less than 45 days for public comment on
the proposed rulemaking required by paragraph (1)
of this subsection, the Secretary shall issue final reg-
ulations with respect to the audit criteria and stand-
ards required by subsection (a)(1).
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