270
fered in the courts of the State if the order, de-
cree, or judgment is regular on its face;
‘‘(C) electronically transmitted information
and documents faxed to a court or administra-
tive agency that contain information related to
the amount of a child support obligation and
the terms of the order imposing the obligation
may be offered as evidence of the amount and
the 
terms, 
and 
electronically 
transmitted
records of payment of a child support agency
that are regular on their face shall be admissi-
ble as evidence in a child support or parentage
proceeding to prove the truth of the matter as-
serted in the records;
‘‘(D) out-of-State depositions, interrog-
atories, admissions of fact, and other discovery
documents may be offered and shall be admit-
ted in a child support or parentage proceeding
to prove the truth of the matters asserted in
the documents if regular on their face and if
such documents comply with the appropriate
discovery rule or law of the State where the dis-
covery was conducted; and
‘‘(E) written, videotaped, or audiotaped
evidence related to a child support or parentage
271
proceeding may be offered and shall be admit-
ted to prove the truth of the matter asserted
therein.’’.
SEC. 471. TELEPHONIC APPEARANCE IN INTERSTATE
CASES.
Section 466(a) (42 U.S.C. 666(a)), as amended by
section 472(b) of this Act, is amended by inserting after
paragraph (20) the following:
‘‘(21) Procedures under which the parties to an
interstate parentage or child support administrative
or judicial proceeding may appear and participate by
telephonic means in lieu of appearing personally.’’.
SEC. 472. UNIFORM TERMS IN ORDERS.
(a) IN
GENERAL.—Section 452(a) (42 U.S.C.
652(a)) is amended—
(1) in paragraph (9), by striking ‘‘and’’ after
the semicolon;
(2) in paragraph (10), by striking the period at
the end of the 2nd sentence and inserting ‘‘; and’’;
and
(3) by adding at the end the following:
‘‘(11) not later than 12 months after the date
of the enactment of this paragraph, develop, in con-
junction with State executive and judicial organiza-
tions, a uniform abstract of a child support order,
272
for use by all State courts to record, with respect to
each child support order in the child support order
registry established under section 466(a)(12)—
‘‘(A) the date support payments are to
begin under the order;
‘‘(B) the circumstances upon which sup-
port payments are to end under the order;
‘‘(C) the amount of child support payable
pursuant to the order expressed as a sum cer-
tain to be paid on a monthly basis, arrearages
expressed as a sum certain as of a certain date,
and any payback schedule for the arrearages;
‘‘(D) whether the order awards support in
a lump sum (nonallocated) or per child;
‘‘(E) if the award is in a lump sum, the
event causing a change in the support award
and the amount of any change;
‘‘(F) other expenses covered by the order;
‘‘(G) the names of the parents subject to
the order;
‘‘(H) the social security account numbers
of the parents;
‘‘(I) the name, date of birth, and social se-
curity account number (if any) of each child
covered by the order;
273
‘‘(J) the identification (FIPS code, name,
and address) of the court that issued the order;
‘‘(K) any information on health care sup-
port required by the order; and
‘‘(L) the party to contact if additional in-
formation is obtained.’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall take effect on the date of the enact-
ment of this Act.
SEC. 473. SOCIAL SECURITY NUMBERS ON MARRIAGE LI-
CENSES, DIVORCE DECREES, PARENTAGE DE-
CREES, AND BIRTH CERTIFICATES.
Section 466(a) (42 U.S.C. 666(a)), as amended by
section 472 of this Act, is amended by inserting after
paragraph (21) the following:
‘‘(22) Procedures under which the social secu-
rity account number (if any) of—
‘‘(A) each individual applying for a mar-
riage license is to be listed by the individual’s
name on the license;
‘‘(B) each party granted a divorce decree is
to be listed by the party’s name on the decree,
if any party to the decree is pregnant or a par-
ent; and
274
‘‘(C) each individual determined to be a
parent of a child in an action to establish par-
entage is to be listed by the individual’s name
on the decree containing the determination; and
‘‘(D) each parent of a child is to be listed
by the parent’s name on the child’s birth certifi-
cate.’’.
SEC. 474. ADMINISTRATIVE SUBPOENA POWER.
Section 466(a) (42 U.S.C. 666(a)), as amended by
section 474 of this Act, is amended by inserting after
paragraph (22) the following:
‘‘(23) Procedures under which the State child
support enforcement agency may issue a subpoena
which—
‘‘(A) requires the individual served to
produce and deliver documents to, or to appear
at, a court or administrative agency on a cer-
tain date; and
‘‘(B) penalizes an individual for failing to
comply with the subpoena.’’.
SEC. 475. LEGAL ASSISTANCE PROGRAMS.
(a) USE OF FUNDS FOR CHILD SUPPORT CASES.—
The Legal Services Corporation shall ensure that at least
10 percent of the funds it provides to each recipient in
275
a fiscal year be used to assist eligible clients to obtain child
support to which they may be entitled.
(b) DEFINITIONS.—For purposes of this section—
(1) the term ‘‘child support’’ means a payment
of money or provision of a benefit for the support
of a child, and includes periodic and lump-sum pay-
ments for current and past due economic support,
payments of premiums for health insurance for chil-
dren, payments for or provision of child care, and
payments for educational expenses; and
(2) the term ‘‘eligible client’’ has the meaning
given that term in section 1002(3) of the Legal
Services Corporation Act (42 U.S.C. 2996a(3)).
SEC. 476. INDIAN CHILD SUPPORT.
(a) SENSE OF THE CONGRESS.—It is the sense of the
Congress that—
(1) children residing on Indian reservations be
accorded the same right of support that is currently
afforded off-reservation children; and
(2) State and tribal governments should, to the
greatest extent possible, ensure that jurisdictional is-
sues do not prevent any Indian child, on- or off-res-
ervation, from receiving support to which the child
is entitled.
276
(b) FULL FAITH
AND CREDIT
OF SUPPORT OR-
DERS.—The Indian Child Welfare Act of 1978 (25 U.S.C.
1901 et seq.) is amended by adding at the end the follow-
ing:
‘‘TITLE IV—INDIAN CHILD
SUPPORT
‘‘SEC. 401. FULL FAITH AND CREDIT.
‘‘(a) Every Indian tribe shall give full faith and credit
to the public acts, records, and judicial proceedings of the
United States, every State, and every territory or posses-
sion of the United States applicable to Indian child sup-
port proceedings to the same extent that the Indian tribe
gives full faith and credit to public acts, records, and judi-
cial proceedings of any other entity pursuant to section
101(d) of this Act.
‘‘(b) The United States, every State, every territory
or possession of the United States, and every Indian tribe
shall give full faith and credit to the public acts, records,
and judicial proceedings of any Indian tribe applicable to
Indian child support proceedings to the same extent that
such entities give full faith and credit to public acts,
records, and judicial proceedings of any other entity.’’.
277
SEC. 477. SUPPORT ORDERS OUTREACH AND DEMONSTRA-
TIONS.
(a) SENSE OF THE CONGRESS.—It is the sense of the
Congress that States should work with community-based
organizations with ties to underserved populations to de-
velop better methods to reach and work with such popu-
lations to encourage the filing of more support orders.
(b) STATES REQUIRED TO CONDUCT SURVEYS OF
UNDERSERVED POPULATIONS.—
(1) IN
GENERAL.—Part D of title IV (42
U.S.C. 651–669) is amended by adding at the end
the following:
‘‘SEC. 470. STATE SURVEYS OF UNDERSERVED POPU-
LATIONS.
‘‘Each State, as a condition for having a State plan
approved under this part, must conduct surveys to identify
populations underserved by child support services, and de-
velop outreach programs to serve such populations in
places such as child care centers, parenting classes, pre-
natal classes, and unemployment offices.’’.
(2) FEDERAL FINANCIAL PARTICIPATION.—Sec-
tion 455(a)(1) (42 U.S.C. 655(a)(1)) is amended—
(A) in subparagraph (B), by striking
‘‘and’’ at the end;
(B) in subparagraph (C) by adding ‘‘and’’
at the end; and
278
(C) by inserting after subparagraph (C)
the following:
‘‘(D) equal to 90 percent of so much of the
sums expended during such quarter as are attrib-
utable to operating programs described in section
470,’’.
(c) MATERIALS TO ASSIST PERSONS WITH LOW LIT-
ERACY LEVELS.—The Secretary of Health and Human
Services shall fund demonstration projects and technical
assistance grants to States to develop applications and in-
formational materials directed to individuals with low lit-
eracy levels or difficulties reading English.
(d) REVIEW OF WRITTEN MATERIALS.—The Sec-
retary of Health and Human Services shall review all writ-
ten materials provided to persons served by the Office of
Child Support Enforcement to ensure that any require-
ment contained in the materials is presented clearly and
in a manner that is easily understandable by such persons.
(e) DEMONSTRATION PROJECTS TO IMPROVE CO-
ORDINATION BETWEEN CERTAIN STATE PUBLIC ASSIST-
ANCE AGENCIES.—The Secretary of Health and Human
Services shall make grants to States to conduct dem-
onstration projects to test various methods for improving
the coordination of services and case processing between
the State agency referred to in section 402(a)(3) of the
279
Social Security Act and the State agency referred to in
section 454(3) of such Act.
(f) REFERRAL OF CUSTODIAL PARENTS TO COMMU-
NITY RESOURCES TO COMBAT DOMESTIC VIOLENCE.—
Section 454 (42 U.S.C. 654) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(24);
(2) by striking the period at the end of para-
graph (25) and inserting ‘‘; and’’; and
(3) by inserting after paragraph (25) the fol-
lowing:
‘‘(26) provide that the agency administering the
plan—
‘‘(A) may represent custodial parents in
custody cases; and
‘‘(B) must refer to appropriate community
resources custodial parents against whom or
whose children violence has been threatened as
a result of cooperation with a State agency in
establishing or enforcing a child support order,
in accordance with procedures developed by the
State to reduce the risk of violence, such as ex-
empting the custodial parent from any require-
ment of face-to-face meetings with persons
other than from the agency.’’.
280
PART F—PARENTAGE
SEC. 481. PARENTAGE.
(a) STATE PLAN.—
(1) IN
GENERAL.—Section 454 (42 U.S.C.
654), as amended by section 477(f) of this Act, is
amended—
(A) by striking ‘‘and’’ at the end of para-
graph (25);
(B) by striking the period at the end of
paragraph (26) and inserting ‘‘; and’’; and
(C) by inserting after paragraph (26) the
following:
‘‘(27) in order to encourage voluntary paternity
acknowledgement, provide for—
‘‘(A) the development and distribution of
material at schools, hospitals (not later than 2
years after the effective date of this paragraph),
agencies administering the programs under part
A of this title and title XIX, prenatal health-
care providers, WIC programs, health depart-
ments, clinics, and other appropriate locations
that describe the benefits and responsibilities of
paternity establishment and the process by
which paternity services may be obtained;
‘‘(B) outreach programs at hospitals and
birthing facilities and programs for prenatal
281
care, child birth, and parenting, in accordance
with regulations which shall be prescribed by
the Secretary not later than 1 year after such
effective date; and
‘‘(C) the use of consent procedures.’’.
(2) ENHANCED
FEDERAL
MATCH.—Section
455(a)(1) (42 U.S.C. 655(a)(1)) is amended—
(A) by striking ‘‘and’’ at the end of sub-
paragraph (B);
(B) by inserting ‘‘and’’ at the end of sub-
paragraph (C); and
(C) by inserting after subparagraph (C)
the following:
‘‘(D) equal to 90 percent (rather than the
percentage specified in subparagraph (A)) of so
much of the sums expended during such quar-
ter as are attributable to costs incurred in car-
rying out section 454(27);’’.
(b) STATE LAW.—Section 466(a) (42 U.S.C. 666(a)),
as amended by section 475 of this Act, is amended by in-
serting after paragraph (23) the following:
‘‘(24) Procedures under which—
‘‘(A) in a parentage case, an individual
who signs the signature line provided for a fa-
ther on a State birth certificate is rebuttably
282
presumed to be a parent of the child, and a
birth certificate so signed is admissible as evi-
dence of such parentage;
‘‘(B) a simple, civil consent procedure is
available for individuals who agree to acknowl-
edge parentage of a child;
‘‘(C) an acknowledgment of parentage of a
child—
‘‘(i) may be incorporated in a wit-
nessed, written statement which includes a
statement that the individual—
‘‘(I) 
understands 
the 
con-
sequences of paternity acknowledg-
ment;
‘‘(II) is signing the statement
voluntarily; and
‘‘(III) does not object to a court
entering an order for parentage of the
child based on the acknowledgment,
without notice before the order is is-
sued and without the requirement of
pleadings, service, summons, testi-
mony, or a hearing;
283
‘‘(ii) is registered as part of the proc-
ess of registering the birth certificate of
the child; and
‘‘(iii) is admissible in court as evi-
dence of the individual’s parentage of the
child;
‘‘(D) collection of information for purposes
of establishing a child support obligation may
be done during the parentage acknowledgment
process, to the maximum extent consistent with
the State constitution;
‘‘(E) a civil procedure (and not a criminal
procedure) is used in parentage determination
cases;
‘‘(F) parentage is determined by a prepon-
derance of the evidence;
‘‘(G) a party may bring a parentage case
without joinder of the named child, and State
law regarding privity of the parties shall govern
the res judicata effect of nonjoinder;
‘‘(H) the results of a parentage test are
rebuttably presumed to be accurate in a parent-
age case, if the test results are admitted as evi-
dence 
of 
the 
matter 
tested 
and 
are
284
uncontroverted, and the test has an accuracy
rate of at least 98 percent;
‘‘(I) a determination of parentage may be
made against a noncooperative party who re-
fuses to submit to a court order to submit to
parentage testing;
‘‘(J) an objection to parentage testing or
to the results of a parentage test must be made
in writing at least 21 days before trial, and if
no such objection is made, the test results are
admissible as evidence of the matter tested,
without any requirement for the attendance of
a representative of the hospital, clinic, or par-
entage laboratory that conducted the test;
‘‘(K) prenatal and post-natal parentage-
testing bills are admissible as evidence of par-
entage, without any requirement of third-party
foundation testimony, and any such bill is
prima facie evidence of the expenses incurred
on behalf of the child for the procedures in-
cluded in the bill;
‘‘(L) a default order is entered in a parent-
age case on a proper showing of evidence of
parentage and of service of process on the de-
285
fendant, without regard to the personal pres-
ence of the plaintiff;
‘‘(M) a temporary child support order is
entered against an individual if—
‘‘(i) the individual is presumed to be
the parent of the child by reason of the re-
sults of a parentage test;
‘‘(ii) the individual has signed a state-
ment acknowledging parentage of the child;
or
‘‘(iii) there is other clear and convinc-
ing evidence that the individual is a parent
of the child;
‘‘(N) an individual determined by law to be
the parent of a child is precluded from claiming
nonparentage of the child as a defense in a
child support case;
‘‘(O) a single action may be brought to de-
termine the parentage of a child and to estab-
lish a child support obligation with respect to
the child; and
‘‘(P)(i) an action to determine the parent-
age of a child may be brought only in the coun-
ty in which the child resides; and
286
‘‘(ii) if the child who is the subject of a
parentage determination action moves to an-
other county, the action is to be transferred to
the other county, on request of the custodial
parent of the child.’’.
(c) SENSE OF THE CONGRESS.—It is the sense of the
Congress that, in a proceeding to establish paternity, once
paternity is alleged, the burden of proof should shift to
the alleged father.
PART G—ENFORCEMENT
SEC. 491. DIRECT WAGE WITHHOLDING.
(a) STATE LAW.—Section 466(b) (42 U.S.C. 666(b))
is amended by adding at the end the following:
‘‘(11)(A) Upon the issuance or modification by
a State court or administrative agency of an order
imposing a child support obligation on an individual,
the State shall transmit to any employer of the indi-
vidual a wage withholding order developed under
section 452(a)(14) directing the employer to with-
hold amounts from the wages of the individual pur-
suant to the order.
‘‘(B) Any individual or entity engaged in com-
merce, as a condition of doing business in the State,
shall, on receipt of a wage withholding order devel-
287
oped under section 452(a)(14) that is regular on its
face and has been issued by a court of any State—
‘‘(i) immediately provide a copy of the
order to the employee subject to the order;
‘‘(ii) within 10 days after receipt of the
order, comply with the order;
‘‘(iii) forward the amount withheld pursu-
ant to the order to the State or custodial parent
specified in the order; and
‘‘(iii) keep records of the amounts so with-
held.
‘‘(C) Such an order may be served on the in-
come source directly or by first-class mail.
‘‘(D) An individual or entity who complies with
such an order may not be held liable for wrongful
withholding of income from the employee subject to
the order.
‘‘(E)(i) The State shall impose a civil fine of
$1,000 on any individual or entity who receives such
an order, and fails to comply with the order within
10 days after receipt.
‘‘(ii) The 10-day period described in clause (i)
shall be extended by any period during which the in-
dividual or entity contests the order, until the con-
test is finally decided.
288
‘‘(12) If the State transmits to an individual or
entity engaged in commerce in another State a wage
withholding order issued by the State with respect to
an employee of the individual or entity, and the indi-
vidual or entity contests or refuses to comply with
the order, the State shall send an informational copy
of the order to the registry established under sub-
section (a)(12) of such other State or of the State
from which the income of the employee is paid.
‘‘(13) If an employee requests a hearing to con-
test wage withholding based on claim of a mistake
of fact, the hearing may be held in the State from
which the income is paid or in which the employee
is employed, and, within 45 days after the income
source receives the withholding order, the entity con-
ducting the hearing must adjudicate the claim. The
State in which the hearing is held shall provide ap-
propriate services in cases enforced under the State
plan to ensure that the interests of the individual to
whom the withheld income is to be paid are ade-
quately represented.’’.
(b) 
UNIFORM
WITHHOLDING
ORDER.—Section
452(a) (42 U.S.C. 652(a)), as amended by sections
471(a), 452(c), and 469(a) of this Act, is amended—
289
(1) by striking ‘‘and’’ at the end of paragraph
(12);
(2) by striking the period at the end of para-
graph (13) and inserting ‘‘; and’’; and
(3) by inserting after paragraph (13) the fol-
lowing:
‘‘(14) 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. 492. PRIORITIES IN APPLICATION OF WITHHELD
WAGES.
Section 466(b) (42 U.S.C. 666(a)), as amended by
section 491(a) of this Act, is amended by inserting after
paragraph (13) the following:
‘‘(14) Procedures under which the amounts
withheld pursuant to a child support or wage with-
holding order are to be applied in the following
order:
‘‘(A) To payments of support due during
the month of withholding.
290
‘‘(B) To payments of premiums for health
care insurance coverage for dependent children.
‘‘(C) To payments of support due before
the month of withholding, and of unreimbursed
health-care expenses.’’.
SEC. 493. ADDITIONAL BENEFITS SUBJECT TO GARNISH-
MENT.
(a) FEDERAL DEATH BENEFITS, BLACK LUNG BEN-
EFITS, AND VETERANS BENEFITS.—Section 462(f)(2) (42
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. 494. CONSUMER CREDIT PROTECTION ACT AMEND-
MENTS.
(a) PREEMPTION OF STATE LAWS.—Section 307 of
the Consumer Credit Protection Act (15 U.S.C. 1677) is
amended—
291
(1) by striking ‘‘This’’ and inserting ‘‘(a) IN
GENERAL.—Subject to subsection (b), this’’;
(2) by striking ‘‘or’’ at the end of paragraph
(1);
(3) by striking the period at the end of para-
graph (2) and inserting ‘‘, or’’; and
(4) by adding at the end the following:
‘‘(3) providing a cause of action, either by the
State or a private individual, to enforce a Federal or
State law related to garnishment for the purpose of
securing child support.
‘‘(b) EXCEPTION.—Subsection (a)(1) shall not apply
to the laws of any State that prohibit or restrict garnish-
ments for the purpose of securing support for any per-
son.’’.
(b) OTHER FORMS OF INCOME.—Title III of such
Act (15 U.S.C. 1671 et seq.) is amended by adding at
the end the following:
‘‘SEC. 308. OTHER FORMS OF INCOME.
‘‘This title does not apply to forms of income that
are not earnings within the definition contained in section
302(a).’’.
(c) PRIORITY OF DEBTS.—Title III of such Act (15
U.S.C. 1671 et seq.), as amended by subsection (b) of this
section, is amended by adding at the end the following:
292
‘‘SEC. 309. PRIORITY OF DEBTS.
‘‘If an individual’s disposable earnings are not suffi-
cient to pay—
‘‘(1) a garnishment intended to satisfy a Fed-
eral debt; and
‘‘(2) a garnishment intended to satisfy a debt
related to the support of any child,
the Federal debt shall be satisfied through garnishment
only after the debt related to child support has first been
satisfied.’’.
(d) ADDITIONAL
INDEBTEDNESS
IN
ANTI-DIS-
CHARGE SECTION.—Section 304 of such Act (16 U.S.C.
1674) is amended by adding at the end the following:
‘‘(c) The prohibition contained in subsection (a) shall
apply to any employee whose earnings are subject to gar-
nishment for more than one indebtedness, if the additional
indebtedness arises from an order for the support of a
child.’’.
SEC. 495. PROHIBITION AGAINST USE OF ELECTION OF
REMEDIES DOCTRINE TO PREVENT COLLEC-
TION OF CHILD SUPPORT.
Section 466(a) (42 U.S.C. 666(a)), as amended by
section 481(b) of this Act, is amended by inserting after
paragraph (24) the following:
‘‘(25) Procedures which prohibit any State
court from applying the doctrine of election of rem-
293
edies to prevent a custodial parent from collecting or
seeking to collect child support from a noncustodial
parent.’’.
SEC. 496. HOLD ON OCCUPATIONAL, PROFESSIONAL, AND
BUSINESS LICENSES.
(a) STATE HOLD BASED ON WARRANT OR SUPPORT
DELINQUENCY.—Section 466(a) (42 U.S.C. 666(a)), as
amended by section 495 of this Act, is amended by insert-
ing after paragraph (25) the following:
‘‘(26) Procedures under which the State occu-
pational licensing and regulating departments and
agencies may not issue or renew any occupational,
professional, or business license of—
‘‘(A) a noncustodial parent who is the sub-
ject of an outstanding failure to appear war-
rant, capias, or bench warrant related to a child
support proceeding that appears on the State’s
crime information system, until removed from
the system; and
‘‘(B) an individual who is delinquent in the
payment of child support, until the obligee or a
State prosecutor responsible for child support
enforcement consents to, or a court that is re-
sponsible for the order’s enforcement orders,
the release of the hold on the license, or an ex-
294
pedited inquiry and review is completed while
the individual is granted a 60-day temporary li-
cense.’’.
(b) FEDERAL HOLD BASED ON SUPPORT DELIN-
QUENCY.—A Federal agency may not issue or renew any
occupational, professional, or business license of an indi-
vidual who is delinquent in the payment of child support,
until the obligee, the obligee’s attorney or a State prosecu-
tor responsible for child support enforcement consents to,
or a court that is responsible for the order’s enforcement
orders, the release of the hold on the license, or an expe-
dited inquiry and review is completed while the individual
is granted a 60-day temporary license.
SEC. 497. DRIVER’S LICENSES AND VEHICLE REGISTRA-
TIONS DENIED TO PERSONS FAILING TO AP-
PEAR IN CHILD SUPPORT CASES.
Section 466(a) (42 U.S.C. 666(a)), as amended by
section 496(a) of this Act, is amended by inserting after
paragraph (26) the following:
‘‘(27) Procedures under which the State motor
vehicle department—
‘‘(A) may not issue or renew the driver’s li-
cense or any vehicle registration (other than
temporary) of any noncustodial parent who is
the subject of an outstanding failure to appear
295
warrant, capias, or bench warrant related to a
child support proceeding that appears on the
State’s crime information system, until removed
from the system;
‘‘(B) upon receiving notice that an individ-
ual to whom a State driver’s license or vehicle
registration has been issued is the subject of a
warrant related to a child support proceeding,
shall issue a show cause order to the individual
requesting the individual to demonstrate why
the individual’s driver’s license or vehicle reg-
istration should not be suspended until the war-
rant is removed by the State responsible for is-
suing the warrant; and
‘‘(C) in any case in which a show cause
order has been issued as described in subpara-
graph (B), may grant a temporary license or
vehicle registration to the individual pending
the show cause hearing or the removal of the
warrant, whichever occurs first.’’.
SEC. 498. LIENS ON CERTIFICATES OF VEHICLE TITLE.
Section 466(a) (42 U.S.C. 666(a)), as amended by
section 497 of this Act, is amended by inserting after
paragraph (27) the following:
296
‘‘(28) Procedures under which the State shall
systematically place liens on vehicle titles for child
support arrearages determined under a court order
or an order of an administrative process established
under State law, using a method for updating the
value of the lien on a regular basis or allowing for
an expedited inquiry to and response from a govern-
mental payee for proof of the amount of arrears,
with an expedited method for the titleholder or the
individual owing the arrearage to contest the arrear-
age or to request a release upon fulfilling the sup-
port obligation, and under which such a lien has
precedence over all other encumbrances on a vehicle
title other than a purchase money security interest,
and that the individual owed the arrearage may exe-
cute on, seize, and sell the property in accordance
with State law.’’.
SEC. 499. ATTACHMENT OF BANK ACCOUNTS.
Section 466(a) (42 U.S.C. 666(a)), as amended by
section 498 of this Act, is amended by inserting after
paragraph (28) the following:
‘‘(29) Procedures under which—
‘‘(A) amounts on deposit in a bank account
may be seized to satisfy child support arrear-
ages determined under a court order or an
297
order of an administrative process established
under State law, solely through an administra-
tive process, pending notice to and an expedited
opportunity to be heard from the account hold-
er or holders; and
‘‘(B) if the account holder or holders fail
to successfully challenge the seizure (as deter-
mined under State law), the bank may be re-
quired to pay from the account to the entity
with the right to collect the arrearage the lesser
of—
‘‘(i) the amount of the arrearage; or
‘‘(ii) the amount on deposit in the ac-
count.’’.
SEC. 499A. SEIZURE OF LOTTERY WINNINGS, SETTLE-
MENTS, 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
section 499 of this Act, is amended by inserting after
paragraph (29) the following:
‘‘(30) Procedures, in addition to other income
withholding procedures, under which a lien is im-
posed against property with the following effect:
298
‘‘(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
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
299
‘‘(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.
‘‘(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
300
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
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.’’.
301
SEC. 499B. FRAUDULENT TRANSFER PURSUIT.
Section 466(a) (42 U.S.C. 666(a)), as amended by
section 499A of this Act, is amended by inserting after
paragraph (30) the following:
‘‘(31) Procedures requiring that, in any case re-
lated to child support, any transfer of property by
an individual who owes a child support arrearage
shall be presumed to be made with the intent to
avoid payment of the arrearage, and may be rebut-
ted by evidence to the contrary.’’.
SEC. 499C. FULL IRS COLLECTION.
(a) SENSE OF THE CONGRESS.—It is the sense of the
Congress that the Commissioner of the Internal Revenue
Services should instruct the field offices and agents of the
Internal Revenue Service to give a high priority to re-
quests for the use of full collection in delinquent child sup-
port cases, and to set uniform standards for full collection
to ensure its expeditious and effective implementation.
(b) SIMPLIFIED PROCEDURE.—The Secretary of the
Treasury, in consultation with the Secretary of Health and
Human Services, shall by regulation simplify the full col-
lection process under section 6305 of the Internal Revenue
Code of 1986 and reduce the amount of child support ar-
rearage needed before an individual may apply for collec-
tion under such section.
302
SEC. 499D. TAX REFUND OFFSET PROGRAM EXPANDED TO
COVER NON-AFDC POST-MINOR CHILDREN.
Section 464(c) (42 U.S.C. 664(c)) is amended—
(1) by striking ‘‘(1) Except as provided in para-
graph (2), as’’ and inserting ‘‘As’’;
(2) by inserting ‘‘(whether or not a minor)’’
after ‘‘a child’’ each place such term appears; and
(3) by striking paragraphs (2) and (3).
SEC. 499E. ATTACHMENT OF PUBLIC AND PRIVATE RETIRE-
MENT FUNDS.
Section 466(a) (42 U.S.C. 666(a)), as amended by
section 499B of this Act, is amended by inserting after
paragraph (31) the following:
‘‘(32) Procedures under which an individual
owed a child support arrearage (determined under a
court order or an order of an administrative process
established under State law) may, notwithstanding
section 401(a)(13) of the Internal Revenue Code of
1986, attach any interest in any public or private re-
tirement plan of the individual who owes the sup-
port, without the requirement of a separate court
order, and with notice and an expedited hearing pro-
vided if requested by the individual who owes the
support.’’.
303
SEC. 499F. REPORTING OF CHILD SUPPORT ARREARAGES
TO CREDIT BUREAUS.
Section 466(a)(7)(A) (42 U.S.C. 666(a)(7)(A)) is
amended by striking ‘‘$1,000’’ and inserting ‘‘the amount
of the monthly support obligation’’.
SEC. 499G. STATUTES OF LIMITATION.
(a) IN
GENERAL.—Section 466(a) (42 U.S.C.
666(a)), as amended by section 499E of this Act, is
amended by inserting after paragraph (32) the following:
‘‘(33) Procedures which permit the enforcement
of any child support order until the child attains at
least 30 years of age.’’.
(b) EFFECTIVE DATE.—The amendment made by
this section shall apply to orders entered before, on, and
after the date of the enactment of this Act.
SEC. 499H. INTEREST.
Section 466(a) (42 U.S.C. 666(a)), as amended by
section 499G(a) of this Act, is amended by inserting after
paragraph (33) the following:
‘‘(34) Procedures under which the State child
support enforcement agency must assess and collect
interest on all child support judgments, at the rate
determined for interest on money judgments, in ad-
dition to any late payment fee imposed by the State
under section 454(21).’’.
304
SEC. 499I. BANKRUPTCY.
(a) DEFINITION.—Section 101 of title 11, United
States Code, is amended by inserting after paragraph (12)
the following:
‘‘(12a) ‘debt for child support’ means a debt to
a child for maintenance for or support of the child
within the meaning of section 523(a)(5).’’.
(b) EXCEPTION FROM AUTOMATIC STAY.—Section
362(b) of such title is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(2);
(2) by adding ‘‘or’’ after the semicolon; and
(3) by adding at the end the following new
paragraph:
‘‘(B) under subsection (a), of the commence-
ment or continuation of a civil action or administra-
tive proceeding against the debtor—
‘‘(i) to establish parentage;
‘‘(ii) to establish, review, adjust, or modify
a judgment or order creating a debt for child
support; or
‘‘(iii) to enforce or collect on a judgment or
order issued in such an action or proceeding;’’.
(c) TREATMENT OF DEBT FOR CHILD SUPPORT IN
PROCEEDINGS UNDER CHAPTERS 11, 12, AND 13.—
(1) CHAPTER 11.—Section 1123(a) of such title
is amended—
305
(A) by striking ‘‘and’’ at the end of para-
graph (6);
(B) by striking the period at the end of
paragraph (7) and inserting ‘‘; and’’; and
(C) by adding at the end the following new
paragraph:
‘‘(8) provide for the full payment when due of
debts for child support, unless the parent in custody
or guardian of the child agrees otherwise.’’.
(2) CHAPTER 12.—Section 1222(a) of such title
is amended—
(A) by striking ‘‘and’’ at the end of para-
graph (2);
(B) by striking the period at the end of
paragraph (3) and inserting ‘‘; and’’; and
(C) by adding at the end the following new
paragraph:
‘‘(4) provide for the full payment when due of
debts for child support, unless the parent in custody
or guardian of the child agrees otherwise.’’.
(3) CHAPTER 13.—Section 1322(a) of such title
is amended—
(A) by striking ‘‘and’’ at the end of para-
graph (2);
306
(B) by striking the period at the end of
paragraph (3) and inserting ‘‘; and’’; and
(C) by adding at the end the following new
paragraph:
‘‘(4) provide for the full payment when due of
debts for child support, unless the parent in custody
or guardian of the child agrees otherwise.’’.
(d) ASSERTION OF CLAIM FOR CHILD SUPPORT.—
(1) IN GENERAL.—Subchapter I of chapter 5 of
such title is amended by adding at the end the fol-
lowing:
‘‘§ 511. Assertion of claim for child support
‘‘(a) IN GENERAL.—A claim for payment of a debt
for child support may be asserted by the filing of a claim
form that describes the debt.
‘‘(b) FEE.—No fee shall be charged for the filing of
a claim described in subsection (a).
‘‘(c) REQUIREMENTS
FOR APPEARANCE.—A claim
described in subsection (a) may be made in any court by
a person appearing—
‘‘(1) in proper person; or
‘‘(2) through an attorney admitted to practice
in any district court, without the attorney’s being re-
quired to meet any admission requirements other
307
than those applicable in the district in which the at-
torney is admitted to practice.’’.
(2) BANKRUPTCY RULES.—Pursuant to section
2705 of title 28, United States Code, the Bank-
ruptcy Rules shall be amended as necessary to im-
plement section 511 of title 11, United States Code,
as added by paragraph (1) of this subsection; until
the Bankruptcy Rules are so amended, any provision
of the Bankruptcy Rules or the rules of any court
that is inconsistent with that section is superseded
by that section.
(e) CLARIFICATION OF THE NONDISCHARGEABILITY
OF STATE PUBLIC DEBTS AND ASSIGNED CHILD SUP-
PORT BASED
ON
THE PROVISION
OF EXPENDITURES
UNDER PARTS A AND E OF TITLE IV OF THE SOCIAL
SECURITY ACT.—Section 523 of title 11, United States
Code, is amended by adding at the end the following:
‘‘(f) For the purposes of subsection (a)(5), a debt to
a child of the debtor for maintenance for or support of
the child includes State public debts and assigned child
support based on the provision of expenditures under
parts A and E of title IV of the Social Security Act (43
U.S.C. 401 et seq. and 470 et seq.).’’.
308
SEC. 499J. FEDERAL GOVERNMENT COOPERATION IN EN-
FORCEMENT OF SUPPORT OBLIGATIONS OF
MEMBERS AND FORMER MEMBERS OF THE
ARMED FORCES.
(a) AVAILABILITY OF CURRENT LOCATOR INFORMA-
TION.—
(1) MAINTENANCE
OF
ADDRESS
INFORMA-
TION.—Each worldwide personnel locator service of
the Armed Forces and each personnel locator service
of the Armed Forces maintained for a military in-
stallation shall include the residential address of
each member of the Armed Forces listed in such
service. Within 30 days after a change of duty sta-
tion or residential address of a member listed in a
locator service, the Secretary concerned shall update
the locator service to indicate the new residential ad-
dress of the member.
(2) AVAILABILITY OF INFORMATION.—The Sec-
retary of Defense shall prescribe regulations to make
information regarding the residential address of a
member of the Armed Forces available, on request,
to any authorized person for the purposes of part D
of title IV of the Social Security Act.
(3) DEFINITIONS.—For purposes of this sub-
section:
309
(A) The term ‘‘authorized person’’ has the
meaning given that term in section 453(c) of
the Social Security Act (42 U.S.C. 653(c)).
(B) The term ‘‘Secretary concerned’’ has
the meaning given that term in section
101(a)(9) of title 10, United States Code.
(b) FACILITATING THE GRANTING OF LEAVE FOR
ATTENDANCE AT HEARINGS.—
(1) REGULATIONS REQUIRED.—The Secretary
concerned shall prescribe regulations to facilitate the
granting of a leave of absence to a member of the
Armed Forces under the jurisdiction of that Sec-
retary when necessary for the member to attend a
hearing of a court that is conducted in connection
with a civil action—
(A) to determine whether the member is a
natural parent of a child; or
(B) to determine an obligation of the mem-
ber to provide child support.
(2) WAIVER AUTHORITY.—The regulations pre-
scribed under paragraph (1) may authorize a waiver
of the applicability of the regulations to a member
of the Armed Forces when—
(A) the member is serving in an area of
combat operations; or
310
(B) such a waiver is otherwise necessary in
the national security interest of the United
States.
(3) DEFINITIONS.—For purposes of this sub-
section:
(A) The term ‘‘court’’ has the meaning
given that term in section 1408(a) of title 10,
United States Code.
(B) The term ‘‘child support’’ has the
meaning given such term in section 462 of the
Social Security Act (42 U.S.C. 662).
(C) The term ‘‘Secretary concerned’’ has
the meaning given that term in section
101(a)(9) of title 10, United States Code.
(c) PAYMENT OF MILITARY RETIRED PAY IN COM-
PLIANCE WITH COURT ORDERS.—
(1) DATE
OF
CERTIFICATION
OF
COURT
ORDER.—Section 1408 of title 10, United States
Code, is amended—
(A) by redesignating subsection (i) as sub-
section (j); and
(B) by inserting after subsection (h) the
following new subsection:
‘‘(i) CERTIFICATION DATE.—It is not necessary that
the date of a certification of the authenticity or complete-
311
ness of a copy of a court order for child support received
by the Secretary concerned for the purposes of this section
be recent in relation to the date of receipt.’’.
(2) PAYMENTS
CONSISTENT
WITH
ASSIGN-
MENTS OF RIGHTS TO STATES.—
(A) AUTHORITY.—Subsection (d)(1) of
such section is amended by inserting after the
first sentence the following: ‘‘In the case of a
spouse or former spouse who, pursuant to sec-
tion 402(a)(26) of the Social Security Act (42
U.S.C. 602(26)), assigns to a State the rights
of the spouse or former spouse to receive sup-
port, the Secretary concerned may make the
child support payments referred to in the pre-
ceding sentence to that State in amounts con-
sistent with the assignment of rights.’’.
(B) RULE OF CONSTRUCTION.—Subsection
(c)(2) of such section is amended—
(i) by inserting after the first sentence
the following: ‘‘The second sentence of sub-
section (d)(1) shall not be construed to
create any such right, title, or interest.’’;
(ii) by inserting ‘‘(A)’’ after ‘‘(2)’’;
and
312
(iii) by designating the last sentence
as subparagraph (B) and conforming the
margins accordingly.
(3) ARREARAGES OWED BY MEMBERS OF THE
UNIFORMED
SERVICES.—Part D of title IV (42
U.S.C. 651–669) is amended by inserting after sec-
tion 465 the following:
‘‘SEC. 465A. PAYMENT OF CHILD SUPPORT ARREARAGES
OWED BY MEMBERS OF THE UNIFORMED
SERVICES.
‘‘Any authority, requirement, or procedure provided
in this part or section 1408 of title 10, United States
Code, that applies to the payment of child support owed
by a member of the uniformed services (as defined in sec-
tion 101 of title 37, United States Code) shall apply to
the payment of child support arrearages as well as to
amounts of child support that are currently due.’’.
SEC. 499K. STATES REQUIRED TO ENACT THE UNIFORM
INTERSTATE FAMILY SUPPORT ACT.
(a) IN GENERAL.—Section 466 (42 U.S.C. 666) is
amended by adding at the end the following:
‘‘(f) In order to satisfy section 454(20)(A), each
State must have in effect laws which—
‘‘(1) adopt verbatim the officially approved ver-
sion of the Uniform Interstate Family Support Act
313
adopted by the National Conference of Commis-
sioners on Uniform State Laws in August 1992; and
‘‘(2) require the courts of the State to recognize
according to its terms an order issued by a court of
any other State adjudicating parentage of an indi-
vidual over whom the court of such other State has
exercised personal jurisdiction.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to payments under part D of
title IV of the Social Security Act for calendar quarters
ending 2 or more years after the date of the enactment
of this Act.
SEC. 499L. IRS RECONCILIATION PROCESS.
(a) IN GENERAL.—The Comptroller General and the
Secretary of the Treasury shall jointly conduct a study
of the feasibility of a procedure under which—
(1) past-due child support is collected from the
taxpayer owing such support by increasing the tax-
payer’s tax liability for a taxable year by the past-
due child support for such taxable year, and
(2) the Internal Revenue Service remits the col-
lected past-due child support to the individual or
governmental agency entitled to receive it.
(b) FORM.—As part of the study, the Secretary of
the Treasury shall develop an appropriate form which
314
could be filed with a taxpayer’s income tax return and
which shows—
(1) the child support required to be paid by the
taxpayer during the taxable year,
(2) the unpaid amount of such support as of
the time of filing the taxpayer’s income tax return
for such taxable year, and
(3) the name and address of the individual or
governmental agency entitled to receive any payment
of such unpaid amount.
(c) REPORT.—The report of such study shall be sub-
mitted to Congress not later than 1 year after the date
of the enactment of this Act.
SEC. 499M. DENIAL OF PASSPORTS TO NONCUSTODIAL
PARENTS SUBJECT TO STATE ARREST WAR-
RANTS IN CASES OF NONPAYMENT OF CHILD
SUPPORT.
The Secretary of State is authorized to refuse a pass-
port or revoke, restrict, or limit a passport in any case
in which the Secretary of State determines or is informed
by competent authority that the applicant or passport
holder is a noncustodial parent who is the subject of an
outstanding State warrant of arrest for nonpayment of
child support, where the amount in controversy is not less
than $10,000.
315
SEC. 499N. DENIAL OF FEDERAL BENEFITS, LOANS, GUAR-
ANTEES, AND EMPLOYMENT TO CERTAIN
PERSONS WITH LARGE CHILD SUPPORT AR-
REARAGES.
(a) BENEFITS, LOANS, AND GUARANTEES.—Not-
withstanding any other provision of law, each agency or
instrumentality of the Federal Government may not,
under any program that the agency or instrumentality su-
pervises or administers, provide a benefit to, make a loan
to, or provide any guarantee for the benefit of, any per-
son—
(1) whose child support arrearages, determined
under a court order or an order of an administrative
process established under State law, exceed $1,000;
and
(2) who is not in compliance with a plan or an
agreement to repay the arrearages.
(b) EMPLOYMENT.—
(1) IN GENERAL.—Notwithstanding any other
provision of law, an individual shall be considered in-
eligible to accept employment in a position in the
Federal Government if—
(A) such individual has child support ar-
rearages, determined under a court order or an
order of an administrative process established
under State law, exceeding $1,000; and
316
(B) such individual is not in compliance
with a plan or agreement to repay the arrear-
ages.
(2) REGULATIONS.—Regulations to carry out
paragraph (1) shall—
(A) with respect to positions in the execu-
tive branch, be prescribed by the President (or
his designee);
(B) with respect to positions in the legisla-
tive branch, be prescribed jointly by the Presi-
dent pro tempore of the Senate and the Speak-
er of the House of Representatives (or their
designees); and
(C) with respect to positions in the judicial
branch, be prescribed by the Chief Justice of
the United States (or his designee).
(3) CHILD SUPPORT DEFINED.—For purposes
of this subsection, the term ‘‘child support’’ has the
meaning given such term in section 462 of the
Social Security Act.
317
SEC. 499O. STATES REQUIRED TO ORDER COURTS TO
ALLOW ASSIGNMENT OF LIFE INSURANCE
BENEFITS TO SATISFY CHILD SUPPORT AR-
REARAGES.
Section 466(a) (42 U.S.C. 666(a)), as amended by
section 499H of this Act, is amended by inserting after
paragraph (34) the following:
‘‘(35) Procedures allowing State courts to—
‘‘(A) order the issuer of a life insurance
policy to change the beneficiary provisions of
the policy to effect an assignment of the bene-
fits payable to a beneficiary under the policy, in
whole or in part, to a child to satisfy a child
support arrearage, determined under a court
order or an order of an administrative process
established under State law, owed by the bene-
ficiary with respect to the child; and
‘‘(B) prohibit the sale, assignment, or
pledge as collateral of the policy, in whole or in
part, by the beneficiary of the policy.’’.
SEC. 499P. INTERESTS IN JOINTLY HELD PROPERTY SUB-
JECT TO ASSIGNMENT TO SATISFY CHILD
SUPPORT ARREARAGES.
Section 466(a) (42 U.S.C. 666(a)), as amended by
section 499O of this Act, is amended by inserting after
paragraph (35) the following:
318
‘‘(36) Procedures allowing State courts to order
the assignment of an interest in jointly held property
to an individual owed a child support arrearage (de-
termined under a court order or an order of an ad-
ministrative process established under State law) by
a holder of an interest in the property, to the extent
of the arrearage.’’.
SEC. 499Q. INTERNATIONAL CHILD SUPPORT ENFORCE-
MENT.
(a) SENSE OF THE CONGRESS THAT THE UNITED
STATES SHOULD RATIFY THE UNITED NATIONS CON-
VENTION OF 1956.—It is the sense of the Congress that
the United States should ratify the United Nations Con-
vention of 1956.
(b) TREATMENT OF INTERNATIONAL CHILD SUP-
PORT CASES AS INTERSTATE CASES.—Section 454 (42
U.S.C. 654), as amended by section 481 of this Act, is
amended—
(1) by striking ‘‘and’’ at the end of paragraph
(26);
(2) by striking the period at the end of para-
graph (27) and inserting ‘‘; and’’; and
(3) by inserting after paragraph (27) the
following:
319
‘‘(28) provide that the State must treat inter-
national child support cases in the same manner as
the State treats interstate child support cases.’’.
PART H—COLLECTION AND DISTRIBUTION
SEC. 499R. PRIORITIES IN DISTRIBUTION OF COLLECTED
CHILD SUPPORT.
(a) STATE DISTRIBUTION PLAN.—Section 457 (42
U.S.C. 657) is amended by adding at the end the follow-
ing:
‘‘(e) Beginning on September 1, 1994, the amounts
that a State collects as child support (including interest)
pursuant to a plan approved under this part, other than
amounts so collected through a tax refund offset, shall
(subject to subsection (d)) be paid—
‘‘(1) first to the individual owed the support or
(if the individual assigned to the State the payment
of the support) to the State, to the extent necessary
to satisfy the current month’s support obligation;
‘‘(2) then to the individual owed the support, to
the extent necessary to satisfy any arrearage that
accrued after assistance with respect to the child
under this title ended;
‘‘(3) then, at the option of the State—
‘‘(A) to the individual owed the support, to
the extent necessary to satisfy any arrearage
320
that accrued before assistance was provided
with respect to the child under this title; or
‘‘(B) to the State, to the extent necessary
to reimburse the State for assistance provided
with respect to the child under this title (with-
out interest); and
‘‘(4) then to other States, to the extent nec-
essary to reimburse such other States for assistance
provided with respect to the child under this title
(without interest), in the order in which such assist-
ance was provided.’’.
(b) STUDY AND PILOT PROJECTS.—
(1) IN GENERAL.—The Comptroller General of
the United States shall conduct studies and pilot
projects of systems under which States would be re-
quired to pay the child support collected pursuant to
a State plan approved under part D of title IV of
the Social Security Act to the individuals to whom
the support is owed before making any payment to
reimburse any State for assistance provided with re-
spect to the child under part A of such title.
(2) REPORT
TO
THE
CONGRESS.—Within 3
years after the date of the enactment of this Act, the
Comptroller General shall submit to the Committee
on Ways and Means of the House of Representatives
321
and the Committee on Finance of the Senate a re-
port on each study and pilot project conducted pur-
suant to paragraph (1), including a cost-benefit
analysis and an analysis of the costs that would be
avoided under the program of aid to families with
dependent children under part A of title IV of the
Social Security Act, the program of medical assist-
ance under title XIX of such Act, and the food
stamp program under the Food Stamp Act of 1977,
if the various systems studied were implemented.
(3) SENSE OF THE CONGRESS.—It is the sense
of the Congress that, if the report submitted pursu-
ant to paragraph (2) demonstrates that there would
be a net benefit to society if a system described in
paragraph (1) were implemented, then Federal law
should provide that States implement the system.
(c) REVISION OF FEDERAL INCOME TAX REFUND
OFFSET.—Section 6402 of the Internal Revenue Code of
1986 (relating to authority to make credits or refunds)
is amended—
(1) in subsection (c), by striking ‘‘after any
other reductions allowed by law (but before’’ and in-
serting ‘‘before any other reductions allowed by law
(and before’’; and
322
(2) in subsection (d), by striking ‘‘with respect
to past-due support collected pursuant to an assign-
ment under section 402(a)(26) of the Social Security
Act’’.
(d) $50 DISREGARDED
FOR ALL MEANS-TESTED
PROGRAMS.—Section 457(b)(1) (42 U.S.C. 657(b)(1)) is
amended by inserting ‘‘under this part or under any other
Federal program which determines eligibility for or the
amount of assistance based on the income or assets of the
applicant for or recipient of the assistance’’ after ‘‘during
such month’’.
(e) FILL-THE-GAP POLICIES ALLOWED.—Section
402(a)(28) (42 U.S.C. 602(a)(28)) is amended by striking
the open parenthesis and all that follows through the close
parenthesis.
SEC. 499S. STATE CLAIMS AGAINST NONCUSTODIAL PAR-
ENT LIMITED TO ASSISTANCE PROVIDED TO
THE CHILD.
Section 466(a) (42 U.S.C. 666(a)), as amended by
section 499P of this Act, is amended by inserting after
paragraph (36) the following:
‘‘(37)(A) Procedures under which any claims
the State may have against a noncustodial parent
for a child’s portion of the assistance provided under
a State plan approved under part A shall not exceed
323
the amount specified as child support under a court
or administrative order.
‘‘(B) As used in subparagraph (A), the term
‘child’s portion’ means the assistance that would
have been provided with respect to the child if the
needs of the caretaker relative of the child had not
been taken into account in making the determination
with respect to the child’s family under section
402(a)(7).’’.
SEC. 499T. FEES FOR NON-AFDC CLIENTS.
(a) IN
GENERAL.—Section 454(6) (42 U.S.C.
654(6)) is amended—
(1) in subparagraph (B), by striking ‘‘or recov-
ered’’ and all that follows through ‘‘program)’’;
(2) in subparagraph (C), by inserting ‘‘on the
parent who owes the child or spousal support obliga-
tion involved’’ after ‘‘imposed’’;
(3) in subparagraph (D), by striking ‘‘individ-
ual who’’ and inserting ‘‘the noncustodial parent if
the child whose parentage is to be determined
through the tests’’; and
(4) in subparagraph (E), by striking all that
follows ‘‘may be collected’’ and inserting ‘‘from the
parent who owes the child or spousal support obliga-
324
tion involved, but only after all current and past-due
support and interest charges have been collected’’.
(b) PUBLICATION
OF FEE SCHEDULES.—Section
454(10) (42 U.S.C. 654(10)) is amended by inserting ‘‘,
and shall publish guidelines and schedules of fees which
may be imposed under paragraph (6), and which shall be
reasonable’’ before the semicolon.
SEC. 499U. COLLECTION AND DISBURSEMENT POINTS FOR
CHILD SUPPORT.
Section 454 (42 U.S.C. 654), as amended by section
499Q(b) of this Act, is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(27);
(2) by striking the period at the end of para-
graph (28) and inserting ‘‘; and’’; and
(3) by inserting after paragraph (28) the fol-
lowing:
‘‘(29) provide for only 1 location, or several
local or regional locations for the collection of, ac-
counting for, and disbursement of child support in
cases enforced under the State plan under this
part.’’.
325
SEC. 499V. SENSE OF THE CONGRESS THAT STATES
SHOULD ENCOURAGE PARENTS TO USE THE
STATE CHILD SUPPORT AGENCY TO COLLECT
AND PROCESS CHILD SUPPORT PAYMENTS.
It is the sense of the Congress that States should en-
courage all parents to use the state child support agency
to process and distribute child support payments in order
to establish an official record of such payments.
PART I—FEDERAL ROLE
SEC. 499W. PLACEMENT AND ROLE OF THE OFFICE OF
CHILD SUPPORT ENFORCEMENT.
Section 452(a) (42 U.S.C. 652(a)), as amended by
section 491(b) of this Act, is amended—
(1) in the matter preceding paragraph (1), by
striking ‘‘, under the direction’’ and all that follows
through ‘‘and who’’ and inserting ‘‘which shall be
known as the Office of Child Support Enforcement,
shall be under the direction of an Assistant Sec-
retary appointed by the President with the advice
and consent of the Senate, and shall have its own
legal counsel. The Assistant Secretary shall report
directly to the Secretary and’’;
(2) in paragraph (10)—
(A) in subparagraph (A), by inserting
‘‘using a methodology that reflects cost-avoid-
326
ance as well as cost-recovery’’ after ‘‘the States
and the Federal Government’’;
(B) by redesignating subparagraphs (H)
and (I) as subparagraphs (I) and (J), respec-
tively; and
(C) by inserting after subparagraph (G)
the following:
‘‘(H) the budgetary allocation of the $50
pass through equally between part A and this
part;’’;
(3) by striking ‘‘and’’ at the end of paragraph
(13);
(4) by striking the period at the end of para-
graph (14) and inserting ‘‘; and’’; and
(5) by inserting after paragraph (14) the fol-
lowing:
‘‘(15) initiate and actively pursue with other
Federal agencies, such as the Department of De-
fense, coordinated efforts on Federal legislation.’’.
SEC. 499X. TRAINING.
(a) 
FEDERAL
TRAINING
ASSISTANCE.—Section
452(a)(7) (42 U.S.C. 652(a)(7)) is amended by inserting
‘‘and training’’ after ‘‘technical assistance’’.
327
(b) STATE TRAINING PROGRAM.—Section 454 (42
U.S.C. 654), as amended by section 499U of this Act, is
amended—
(1) by striking ‘‘and’’ at the end of paragraph
(28);
(2) by striking the period at the end of para-
graph (29) and inserting ‘‘; and’’; and
(3) by inserting after paragraph (29) the fol-
lowing:
‘‘(30) provide that the State will develop and
implement a training program under which training
is to be provided not less frequently than annually
to all personnel performing functions under the
State plan.’’.
(c) 
REPORT.—Section 
452(a)(10) 
(42 
U.S.C.
652(a)(10)), as amended by section 499W(2) of this Act,
is amended by redesignating subparagraphs (I) and (J)
as subparagraphs (J) and (K), respectively, and by insert-
ing after subparagraph (H) the following:
‘‘(I) the training activities at the Federal
and State levels, the training audit, and the
amounts expended on training;’’.
SEC. 499Y. STAFFING.
(a) STUDIES.—The Secretary of Health and Human
Services shall conduct and, not later than 1 year after the
328
date of the enactment of this Act, complete staffing stud-
ies for each State child support enforcement program, in-
cluding each agency and court involved in the child sup-
port process.
(b) REPORT TO THE CONGRESS.—Within 90 days
after the end of the 1-year period described in subsection
(a), the Secretary shall report to the Committee on Ways
and Means of the House of Representatives and the Com-
mittee on Finance of the Senate, and to each State, the
results of the studies required by subsection (a).
(c) IMPLEMENTATION.—The Secretary of Health and
Human Services shall reduce by 2 percent the amount oth-
erwise payable to a State pursuant to section 455(a)(1)(A)
of the Social Security Act for any calendar quarter ending
2 or more years after the State receives a report transmit-
ted pursuant to subsection (b), if the Secretary determines
that, during the quarter, the State has not implemented
the staffing levels recommended in the report.
SEC. 499Z. DEMONSTRATION PROJECTS TO TEST ALTER-
NATIVE APPROACHES TO INCENTIVE FUND-
ING FOR STATE CHILD SUPPORT PROGRAMS.
(a) IN GENERAL.—The Secretary of Health and
Human Services shall authorize 3 States to carry out dem-
onstration projects under which—
329
(1) the State is to implement the State plan ap-
proved under part D of title IV of the Social Secu-
rity Act so as to promote quality control and provide
incentives for enforcement of health care support;
(2) in lieu of applying subsections (b) and (c)
of section 458 of such Act to the States, the incen-
tive payment to a State for a fiscal year shall be—
(A) not less than 65 percent of the total
amount expended to carry out the plan during
the fiscal year if the performance of the State
in implementing the plan meets such minimum
performance standards as the Secretary shall
prescribe by regulation; and
(B) not more than 90 percent of such total
amount if the performance significantly exceeds
the standards; and
(3) a payment to a State under this subsection
is deemed a payment to the State under such section
458.
(b) REPORT.—The Secretary of Health and Human
Services and the Comptroller General of the United States
shall evaluate each demonstration project carried out
under subsection (a) and report to the Committee on Ways
and Means of the House of Representatives and the Com-
330
mittee on Finance of the Senate the results and their rec-
ommendations.
(c) HEALTH CARE SUPPORT INCLUDED IN INCEN-
TIVE PAYMENT FORMULA.—Section 458 (42 U.S.C. 658)
is amended by adding at the end the following:
‘‘(f) For purposes of this section, the term ‘support’
includes premiums paid for health insurance coverage pur-
suant to a support order.’’.
(d) MINIMUM STATE FUNDING OF CHILD SUPPORT
ACTIVITIES.—The Secretary of Health and Human Serv-
ices shall reduce by 2 percent the amount otherwise pay-
able to a State pursuant to section 455(a)(1)(A) of the
Social Security Act for any of the 5 fiscal years that begin
after the date of the enactment of this Act (in this sub-
section referred to as ‘‘investment years’’), if the Secretary
determines that, during the investment year, the State has
not expended on the program under the State plan ap-
proved under part D of title IV of such an amount equal
to the sum of—
(1) the amount the State expends on the pro-
gram during the fiscal year in which this Act be-
comes law (in this subsection referred to as the
‘‘base year’’); plus
331
(2)(A) in the case of the 1st investment year,
60 percent of the amount paid to the State under
section 458 of such Act for the base year;
(B) in the case of the 2nd investment year, 70
percent of the amount so paid to the State;
(C) in the case of the 3rd investment year, 80
percent of the amount so paid to the State;
(D) in the case of the 4th investment year, 90
percent of the amount so paid to the State; and
(E) in the case of the 5th investment year, 100
percent of the amount so paid to the State.
(e) SENSE OF THE CONGRESS.—It is the sense of the
Congress that States should not use amounts paid to the
States pursuant to part D of title IV of the Social Security
Act, which are reinvested in child support activities, to
supplant State funding of such activities.
SEC. 499AA. CHILD SUPPORT DEFINITION.
(a) IN GENERAL.—Section 452 (42 U.S.C. 652) is
amended by adding at the end the following:
‘‘(j) For purposes of this part, the term ‘child sup-
port’ shall have the meaning given such term in section
462(b).’’.
(b) CONFORMING AMENDMENTS.—Section 462(b)
(42 U.S.C. 662(b)) is amended—
332
(1) by inserting ‘‘and lump sum’’ after ‘‘peri-
odic’’, and
(2) by inserting ‘‘child care,’’ after ‘‘clothing,’’.
SEC. 499BB. AUDITS.
(a) STUDY.—
(1) CONTRACT AUTHORITY.—The Secretary of
Health and Human Services shall enter into a con-
tract for a study of the audit process of the Office
of Child Support Enforcement to develop criteria
and methodology for auditing the activities of State
child support enforcement agencies pursuant to part
D of title IV of the Social Security Act.
(2) DESIGN OF STUDY.—The study shall be de-
signed to—
(A) identify ways to improve the auditing
process, including by—
(i) reducing the resources required to
perform the audit;
(ii) simplifying procedures for States
to follow in obtaining samples;
(iii) studying the feasibility of sam-
pling cases for needed action rather than
requiring sampling plans for each audit
criterion; and
333
(iv) a more timely audit period of re-
view; and
(B) develop a penalty process which—
(i) focuses on improving the delivery
of child support services and not harming
families;
(ii) uses a penalty not tied to any re-
duction of funds payable to States under
part A of title IV of the Social Security
Act; and
(iii) should include the escrowing of
funds withheld as penalties for use by
States to improve their child support pro-
grams in a manner approved by the Sec-
retary of Health and Human Services.
(b) REPORT.—Not later than 90 days after comple-
tion of the study required by subsection (a), the Secretary
of Health and Human Services shall submit to the Com-
mittee on Ways and Means of the House of Representa-
tives and the Committee on Finance of the Senate a report
on the results of the study.
(c) LIMITATION ON CASES INCLUDED IN AUDITS.—
Section 452(a)(4) (42 U.S.C. 652(a)(4)) is amended—
(1) by inserting ‘(A) after ‘‘(4);
(2) by adding ‘‘and’’ at the end; and
334
(3) by adding after and below the end the fol-
lowing:
‘‘(B) notwithstanding subparagraph (A), each
audit under subparagraph (A) shall be limited to
cases open on the date the audit begins and cases
closed within 180 days before such date, unless the
Secretary has determined, in accordance with regula-
tions, that there is a need for a longitudinal review
of case handling that includes cases that have been
closed for more than 180 days;’’.
SEC. 499CC. CHILD SUPPORT ASSURANCE DEMONSTRA-
TION PROJECTS.
(a) SENSE OF THE CONGRESS.—It is the sense of the
Congress that children should have a consistent source of
income to meet their education and medical needs.
(b) SENSE OF THE CONGRESS.—It is the sense of
the Congress that the provision of public assistance to a
custodial parent for the support of a child with respect
to whom a noncustodial parent owes child support does
not absolve the noncustodial parent of the obligation to
provide such support.
(c) SENSE OF THE CONGRESS.—It is the sense of the
Congress that the States must continue to vigorously pur-
sue efforts to establish parentage, and establish and en-
force child support obligations.
335
(d) CHILD SUPPORT ASSURANCE DEMONSTRATION
PROJECTS.—
(1) PURPOSE.—The purpose of this subsection
is to test the feasibility and utility of ensuring that
custodial parents owed child support have a consist-
ent source of income for the support of their chil-
dren, by authorizing States to conduct projects dem-
onstrating various methods for doing so.
(2) CONSIDERATION OF APPLICATIONS.—
(A) 
IN
GENERAL.—The 
Secretary 
of
Health and Human Services (in this section re-
ferred to as the ‘‘Secretary’’) shall consider ap-
plications to conduct demonstration projects
under this subsection received only from eligible
States.
(B) ELIGIBLE STATE DEFINED.—For pur-
poses of subparagraph (A), a State is an eligi-
ble State if—
(i) the child support collection ratio
for the State for the most recent fiscal
year for which such information is avail-
able exceeds the child support collection
ratio for the United States for the fiscal
year; or
336
(ii) AFDC support collection ratio for
the State for the most recent fiscal year
for which such information is available ex-
ceeds the AFDC support collection ratio
for the United States for the fiscal year.
(C) 
CHILD
SUPPORT
COLLECTION
RATIO.—As used in subparagraph (B), the term
‘‘child support collection ratio’’ means, with re-
spect to a fiscal year—
(i) for a State—
(I) the total amount expended by
the State during the fiscal year for
the operation of the plan approved
under section 454 of the Social Secu-
rity Act; divided by
(II) the total amount of support
collected by the State during the fiscal
year in all cases under part D of title
IV of such Act; and
(ii) for the United States—
(I) the total amount expended by
the States during the fiscal year for
the operation of the plans approved
under such section; divided by
337
(II) the total amount of support
collected by the State during the fiscal
year in all cases under part D of title
IV of such Act; and
(ii) for the United States—
(I) the total amount expended by
the States during the fiscal year for
the operation of the plans approved
under such section; divided by
(II) the total amount of support
collected by the States during the fis-
cal year in all cases under such part.
(D) 
AFDC 
SUPPORT
COLLECTION
RATIO.—As used in subparagraph (B), the term
‘‘AFDC support collection ratio’’ means, with
respect to a fiscal year—
(i) for a State—
(I) the total amount expended by
the State during the fiscal year for
the operation of the plan approved
under section 454 of the Social Secu-
rity Act; divided by
(II) the total amount of support
collected by the State under the plan
during the fiscal year in cases in
338
which the support obligation involved
is assigned to the State pursuant to
section 
402(a)(26) 
or 
section
471(a)(17) of such Act; and
(ii) for the United States—
(I) the total amount expended by
the States during the fiscal year for
the operation of the plans approved
under such section 454; divided by
(II) the total amount of support
collected by the States under the
plans during the fiscal year in cases in
which the support obligation involved
is assigned to a State pursuant to sec-
tion 402(a)(26) or section 471(a)(17)
of such Act.
(3) APPLICATION REQUIREMENTS.—Each appli-
cation of a State to conduct a demonstration project
under this subsection must describe a demonstration
project that meets the following requirements:
(A) PROJECT
BENEFICIARIES.—A child
support assurance benefit is payable under the
project to the caretaker of a child if—
(i) the child is an eligible child; and
339
(ii) the caretaker has applied for serv-
ices under the State plan approved under
part D of title IV of the Social Security
Act.
(B) ELIGIBLE CHILDREN.—A child is an
eligible child if—
(i) the child resides in the State;
(ii) the child has a living noncustodial
parent;
(iii) a good faith effort has been made
to seek or enforce an order for such parent
to provide support for the child, or there is
good cause for not seeking or enforcing
such an order; and
(iv) any rights to support owed the
child have been assigned to the State, to
the extent of the child support assurance
benefits received with respect to the child
under the project.
(C) AMOUNT OF CHILD SUPPORT ASSUR-
ANCE BENEFIT.—The amount of the child sup-
port assurance benefit payable under the
project to the caretaker of 1 or more eligible
children is the amount by which—
340
(i) the child support assurance thresh-
old; exceeds
(ii) the dollar value of the child sup-
port (if any) received during the month by
the caretaker from the noncustodial parent
for the support of any eligible child.
(D) CHILD SUPPORT ASSURANCE THRESH-
OLD.—The child support assurance threshold is
1⁄12 of—
(i) $2,000 for the 1st eligible child;
plus
(ii) $1,000 for the 2nd eligible child
(if any); plus
(iii) $500 for each subsequent eligible
child (if any).
(4) METHODS TO BE TESTED.—In approving
applications to conduct demonstration projects under
this subsection, the Secretary shall ensure that the
applications approved under this subsection describe
projects which, in the aggregate, are designed to test
the following:
(A) 
ADMINISTRATIVE
VERSUS
OTHER
PROCESSING.—The feasibility of implementing
a statewide child support assurance benefit in a
State which processes child support and parent-
341
age cases administratively, as opposed to the
feasibility of implementing such a benefit in a
State which processes such cases only judicially
or quasi-judicially.
(B) ALLOWANCE OF GOOD CAUSE EXCEP-
TIONS.—The effects of prohibiting the provision
of a child support assurance benefit with re-
spect to a child unless an order for the support
of the child has been established and the care-
taker of the child has made a good faith effort
to enforce the order, as opposed to allowing
good cause exceptions to the prohibition.
(C) TIMING OF BENEFITS.—The effects of
providing child support assurance benefits im-
mediately upon the establishment of a child
support order, as opposed to providing such
benefits only after a period (determined by the
Secretary) of nonreceipt of child support. The
Secretary may select 1 or more such periods to
be tested in different demonstration projects.
(D) RELATIONSHIP
OF
BENEFITS
TO
OTHER INCOME AND BENEFITS.—The effects of
reducing the amount payable with respect to a
child under the State plan approved under part
A of title IV of the Social Security Act by a
342
portion (determined by the Secretary) of the
child support assurance benefit provided by the
State with respect to the child, as opposed to
reducing the child support assurance benefit
provided by the State with respect to the child
by a portion (determined by the Secretary) of
the earned income of the family of the child.
The Secretary may select 1 or more such por-
tions of benefits or of earned income to be test-
ed in different demonstration projects.
(5) PRIORITY TO BE GIVEN TO PROJECTS THAT
INCLUDE WORK INCENTIVES.—In approving applica-
tions to conduct demonstration projects under this
subsection, the Secretary shall give priority among
otherwise equivalent applications to applications that
describe projects that include work incentives for
participants.
(6) APPROVAL
OF
CERTAIN
APPLICATIONS.—
The Secretary shall approve not more than 5 appli-
cations to conduct demonstration projects under this
subsection which appear likely to contribute signifi-
cantly to the achievement of the purpose of this sub-
section.
(7) OTHER REQUIREMENTS.—Each State whose
application to conduct a demonstration project under
343
this subsection has been approved by the Secretary
shall conduct the project in accordance with such
regulations as the Secretary may prescribe.
(8) FUNDING.—From the sums appropriated to
carry out this subsection, the Secretary shall pay to
each State whose application to conduct a dem-
onstration project under this subsection has been ap-
proved by the Secretary, for each month, an amount
equal to—
(A) 90 percent of the aggregate amount of
the child support assurance benefits paid by the
State during the month if, during the month,
the project has met such performance goals as
the Secretary has established for the project; or
(B) 80 percent of such aggregate amount,
otherwise.
(9) MODIFIED PRIORITY OF DISTRIBUTION OF
CHILD SUPPORT COLLECTED FOR CHILDREN WITH
RESPECT
TO
WHOM
CHILD
SUPPORT
ASSURANCE
BENEFIT IS PAID.—In lieu of paragraph (1) of sec-
tion 457(e) of the Social Security Act, child support
collected from a noncustodial parent of a child with
respect to whom a child support assurance benefit is
paid under a demonstration project conducted under
344
this subsection shall (subject to section 457(d) of
such Act) be paid—
(A) first to the State, to the extent nec-
essary to reimburse the State for the portion of
the benefit not paid from funds provided under
paragraph (8) of this subsection; and
(B) then to the Federal Government, to
the extent necessary to reimburse the Federal
Government for the portion of the benefit paid
from funds provided under paragraph (8) of
this subsection.
(10) DURATION OF PROJECTS.—
(A) IN GENERAL.—Each State whose ap-
plication to conduct a demonstration project
under this subsection has been approved by the
Secretary shall conduct the project for not less
than 3 years and not more than 5 years.
(B) 
AUTHORITY
TO
TERMINATE
PROJECTS.—The Secretary may terminate a
demonstration project conducted under this
subsection if the Secretary determines that the
project is not being conducted consistent with
or satisfactorily under this subsection.
(11) EVALUATIONS.—Each State which con-
ducts a demonstration project under this subsection
345
shall prepare and submit to the Secretary an interim
and a final evaluation of the project with respect to
the impact of the project on—
(A) the economic and noneconomic well-
being of the participants in the project and of
the work force generally; and
(B) participation in and expenditures
under the program of the State under the State
plan approved under part A of title IV of the
Social Security Act.
(12) REPORT
TO
THE
CONGRESS.—Within 1
year after the completion of all demonstration
projects conducted under this subsection, the Sec-
retary shall submit to the Committee on Ways and
Means of the House of Representatives and the
Committee on Finance of the Senate a report that
contains a consolidated evaluation of the projects.
SEC. 499DD. CHILDREN’S TRUST FUND.
(a) DESIGNATION OF CONTRIBUTIONS.—
(1) IN GENERAL.—Subchapter A of chapter 61
of the Internal Revenue Code of 1986 (relating to
returns and records) is amended by adding at the
end thereof the following new part:
346
‘‘PART IX—CONTRIBUTIONS TO CHILDREN’S
TRUST FUND
‘‘Sec. 6097. Amounts for Children’s Trust Fund.
‘‘SEC. 6097. AMOUNTS FOR CHILDREN’S TRUST FUND.
‘‘Each taxpayer may include with such taxpayer’s re-
turn of tax imposed by chapter 1 for any taxable year a
contribution by the taxpayer to the Children’s Trust
Fund.’’.
(2) CLERICAL
AMENDMENT.—The table of
parts for subchapter A of chapter 61 of the Internal
Revenue Code of 1986 is amended by adding at the
end thereof the following new item:
‘‘Part IX—Contributions for Children’s Trust Fund.’’.
(3) EFFECTIVE DATE.—The amendments made
by this subsection shall apply to taxable years begin-
ning after December 31, 1992.
(b) 
ESTABLISHMENT
OF
CHILDREN’S
TRUST
FUND.—
(1) IN GENERAL.—Subchapter A of chapter 98
of the Internal Revenue Code of 1986 (relating to
the trust fund code) is amended by adding at the
end thereof the following new section:
‘‘SEC. 9512. CHILDREN’S TRUST FUND.
‘‘(a) CREATION OF TRUST FUND.—There is estab-
lished in the Treasury of the United States a trust fund
to be known as the ‘Children’s Trust Fund’, consisting
347
of such amounts as may be appropriated or credited to
the Trust Fund as provided in this section or section
9602(b).
‘‘(b) TRANSFER TO CHILDREN’S TRUST FUND OF
AMOUNTS DESIGNATED.—There is hereby appropriated to
the Children’s Trust Fund amounts equivalent to the
amounts contributed to such Trust Fund under section
6097.
‘‘(c) EXPENDITURES FROM TRUST FUND.—
‘‘(1) IN GENERAL.—Amounts in the Children’s
Trust Fund shall be available as provided by appro-
priation Acts for making expenditures for programs
regarding child support and the specific mandates
described in part D of title IV of the Social Security
Act, especially such mandates established by the
amendments made by the Interstate Child Support
Act of 1993.
‘‘(2) ADMINISTRATIVE EXPENSES.—Amounts in
the Children’s Trust Fund shall be available to pay
the administrative expenses of the Department of
the Treasury directly allocable to—
‘‘(A) modifying the individual income tax
return forms to carry out section 6097,
‘‘(B) carrying out this chapter with respect
to such Trust Fund, and
348
‘‘(C) processing amounts received under
section 6097 and transferring such amounts to
such Trust Fund.’’.
(2) CLERICAL AMENDMENT.—The table of sec-
tions for subchapter A of chapter 98 of the Internal
Revenue Code of 1986 is amended by adding at the
end thereof the following new item:
‘‘Sec. 9512. Children’s Trust Fund.’’.
SEC. 499EE. STUDY OF REASONS FOR NONPAYMENT OF
CHILD SUPPORT; REPORT.
(a) STUDY.—The Comptroller General of the United
States shall—
(1) conduct a study of the causes of delin-
quency in the payment of child support, including
the nonpayment of child support by noncustodial
parents and failure of custodial parents to cooperate
in the collection of child support; and
(2) if a sufficient number of studies of this
matter are available, review the studies.
(b) REPORT TO THE CONGRESS.—Within 1 year after
the date of the enactment of this Act, the Comptroller
General shall submit to the Committee on Ways and
Means of the House of Representatives and the Committee
on Finance of the Senate, and to the Office of Child Sup-
port Enforcement, a report that contains the results of
349
the study required by subsection (a), and a consolidated
summary of the studies described in subsection (a)(2).
SEC. 499FF. STUDY OF EFFECTIVENESS OF ADMINISTRA-
TIVE PROCESSES; REPORT.
(a) STUDY.—The Comptroller General of the United
States shall conduct a study of the effectiveness of the
processing of child support and parentage cases in States
that use administrative processes as compared with States
that use judicial or quasi-judicial processes.
(b) REPORT TO THE CONGRESS.—Within 1 year after
the date of the enactment of this Act, the Comptroller
General shall submit to the Committee on Ways and
Means of the House of Representatives and the Committee
on Finance of the Senate a report that contains the results
of the study required by subsection (a).
SEC. 499GG. PUBLICATION OF BEST CHILD SUPPORT PRAC-
TICES.
(a) SENSE OF THE CONGRESS.—It is the sense of the
Congress that the Office of Child Support Enforcement
should develop a mechanism to publicize the best practices
of States in the area of child support.
(b) COMPENDIUM OF STATE CHILD SUPPORT STAT-
UTES.—The Office of Child Support Enforcement shall
produce and update the compendium entitled ‘‘A Guide
350
To State Child Support And Paternity Laws’’, published
by the National Conference of State Legislatures.
SEC. 499HH. ESTABLISHMENT OF PERMANENT CHILD SUP-
PORT ADVISORY COMMITTEE.
(a) IN GENERAL.—The Office of Child Support En-
forcement shall establish an advisory committee on child
support matters composed of Federal and State legisla-
tors, State child support officials, and representatives of
custodial and noncustodial parents.
(b) FUNCTIONS.—The advisory committee estab-
lished pursuant to subsection (a) shall—
(1) provide oversight of the implementation of
Federal laws and regulations affecting child support,
and the operation of Federal, State, and local child
support programs; and
(2) provide a forum through which child sup-
port problems experienced by parents, State agen-
cies, the courts, and the private bar may be identi-
fied, and from which recommendations on how to
solve such problems may be reported to the Sec-
retary of Health and Human Services and to the
Congress.
(c) PERMANENCY.—Section 14 of the Federal Advi-
sory Committee Act (5 U.S.C. App.) shall not apply to
351
the advisory committee established pursuant to subsection
(a) of this section.
PART J—STATE ROLE
SEC. 499II. ADVOCATION OF CHILDREN’S ECONOMIC SECU-
RITY.
Section 454 (42 U.S.C. 654), as amended by section
499X of this Act, is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(29);
(2) by striking the period at the end of para-
graph (30) and inserting ‘‘; and’’; and
(3) by inserting after paragraph (30) the fol-
lowing:
‘‘(31) provide that the agency administering the
plan shall advocate to promote the greatest economic
security possible for children, consistent with the
ability of any individual who owes child support with
respect to the child to provide the support.’’.
SEC. 499JJ. DUTIES OF STATE CHILD SUPPORT AGENCIES.
Section 454 (42 U.S.C. 654), as amended by section
499II 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
352
(3) by inserting after paragraph (31) the fol-
lowing:
‘‘(32) provide that the agency administering the
plan shall provide to each custodial parent—
‘‘(A) a written description of the services
available under the plan, and a statement de-
scribing the priorities applied in distributing
collected child support and the rules governing
confidentiality of information in child support
matters;
‘‘(B) a statement that at least 30 days be-
fore the agency consents to the dismissal of a
child support case with prejudice or a reduction
of arrearages, the agency must provide notice to
the custodial parent at the last known address
of the custodial parent;
‘‘(C) written quarterly reports on the sta-
tus of any case involving the custodial parent;
‘‘(D) a statement that the State is re-
quired to provide services under the plan to any
custodial parent who is eligible for aid under
the State plan approved under part A; and
‘‘(E) a statement that any custodial parent
who applies for services under the plan is eligi-
ble for such services, and that any application
353
fee for such services is deferred pending deter-
mination of the eligibility of the custodial par-
ent for aid under the State plan approved under
part A.’’.
SEC. 499KK. SENSE OF THE CONGRESS REGARDING QUAL-
ITY OF AND ACCESSIBILITY TO CHILD SUP-
PORT SERVICES.
It is the sense of the Congress that—
(1) States should work closely with parents to
improve the quality of child support services; and
(2) State and local child support enforcement
agencies should have—
(A) offices in easily accessible locations
near public transportation;
(B) office hours that allow parents to meet
with attorneys and caseworkers without having
to take time off from work; and
(C) office environments conducive to pri-
vate discussion of legal and personal matters,
such as in individual interview rooms and child
care facilities.
354
SEC. 499LL. ADMINISTRATIVE PROCESS FOR CHANGE OF
PAYEE IN IV–D CASES.
Section 466(a) (42 U.S.C. 666(a)), as amended by
section 499S of this Act, is amended by inserting after
paragraph (37) the following:
‘‘(38) Procedures under which only administra-
tive procedures are required to change the payee
under a child support order in a case under this
part, if a statement by an official of the State child
support enforcement agency is included in the court
or administrative file documenting the change.’’.
SEC. 499MM. SENSE OF THE CONGRESS SUPPORTING USE
OF ADMINISTRATIVE PROCEDURES IN CHILD
SUPPORT CASES.
It is the sense of the Congress that each State should
establish administrative procedures to process child sup-
port cases.
SEC. 499NN. SENSE OF THE CONGRESS SUPPORTING ES-
TABLISHMENT OF STATE CHILD SUPPORT
COUNCILS.
It is the sense of the Congress that each State should
establish a child support council, composed of members
from all over the State, to—
(1) review State laws on child support and pa-
ternity;
355
(2) recommend improvements in child support
and paternity programs and in such laws; and
(3) serve as a public forum for custodial and
noncustodial parents on matters related to child sup-
port and paternity.
PART K—JOBS FOR UNEMPLOYED
NONCUSTODIAL PARENTS
SEC. 
499OO. 
PARENTS 
FAIR 
SHARE 
DEMONSTRATION
PROJECTS.
(a) SENSE OF THE CONGRESS.—It is the sense of the
Congress that any program established by the Federal
Government to provide jobs for noncustodial parents
should be administered so as not to adversely affect any
Federal program for custodial parents, either directly or
through competition for available funds.
(b) EVALUATION OF PROJECTS; REPORT TO THE
CONGRESS; CONDITIONAL AUTHORITY TO CONDUCT AD-
DITIONAL AND MORE EXTENSIVE PROJECTS.—Upon re-
ceiving the evaluations required to be provided pursuant
to section 482(d)(3) of the Social Security Act, the Sec-
retary of Health and Human Services shall transmit the
evaluations to the Secretary of Labor who shall—
(1) study the evaluations;
(2) within 12 months after receipt of the eval-
uations, submit to the Committee on Ways and
356
Means of the House of Representatives and the
Committee on Finance of the Senate a consolidated
report on the activities evaluated; and
(3)(A) if the evaluations are sufficient to permit
the Secretary to make recommendations with respect
to the activities evaluated, include such rec-
ommendations in the report required by paragraph
(2) of this subsection; or
(B) if the evaluations are inconclusive, author-
ize States to provide services, under programs estab-
lished under section 402(a)(19) and part F of title
IV of such Act, on a voluntary or mandatory basis,
to noncustodial parents who are unemployed and un-
able to meet their child support obligations, of great-
er scope and for a greater duration than the services
provided under section 482(d)(3) of such Act, in ac-
cordance with regulations prescribed by the Sec-
retary of Labor.
PART L—EFFECTIVE DATE
SEC. 499PP. EFFECTIVE DATE.
Except as otherwise provided in this Act, this Act and
the amendments made by this Act shall take effect on Jan-
uary 1, 1995.
357
PART M—CHILD SUPPORT ENFORCEMENT
IMPROVEMENTS ACT OF 1993
SEC. 499QQ. SHORT TITLE.
This part may be cited as the ‘‘Child Support En-
forcement Improvements Act of 1993’’.
SEC. 499RR. NONLIABILITY FOR DEPOSITORY INSTITU-
TIONS PROVIDING FINANCIAL RECORDS TO
STATE 
CHILD 
SUPPORT 
ENFORCEMENT
AGENCIES IN CHILD SUPPORT CASES.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of Federal or State law, a depository institution shall
not be liable under any Federal or State law to any person
for disclosing any financial record of an individual to a
State child support enforcement agency attempting to es-
tablish, modify, or enforce a child support obligation of
such individual.
(b) PROHIBITION
OF DISCLOSURE
OF FINANCIAL
RECORD OBTAINED
BY STATE CHILD SUPPORT EN-
FORCEMENT AGENCY.—A State child support enforcement
agency which obtains a financial record of an individual
from a financial institution pursuant to subsection (a)
may disclose such financial record only for the purpose
of, and to the extent necessary in, establishing, modifying,
or enforcing a child support obligation of such individual.
(c) CIVIL DAMAGES FOR UNAUTHORIZED DISCLO-
SURE.—
358
(1) DISCLOSURE BY STATE OFFICER OR EM-
PLOYEE.—If any officer or employee of a State
knowingly, or by reason of negligence, discloses a fi-
nancial record of an individual in violation of sub-
section (b), such individual may bring a civil action
for damages against such State in a district court of
the United States.
(2) NO LIABILITY FOR GOOD FAITH BUT ERRO-
NEOUS
INTERPRETATION.—No liability shall arise
under this subsection with respect to any disclosure
which results from a good faith, but erroneous, in-
terpretation of subsection (b).
(3) DAMAGES.—In any action brought under
paragraph (1), upon a finding of liability on the part
of the defendant, the defendant shall be liable to the
plaintiff in an amount equal to the sum of—
(A) the greater of—
(i) $1,000 for each act of unauthor-
ized disclosure of a financial record with
respect to which such defendant is found
liable; or
(ii) the sum of—
(I) the actual damages sustained
by the plaintiff as a result of such un-
authorized disclosure; plus
359
(II) in the case of a willful disclo-
sure or a disclosure which is the re-
sult of gross negligence, punitive dam-
ages; plus
(B) the costs of the action.
(d) DEFINITIONS.—For purposes of this section:
(1) The term ‘‘depository institution’’ means—
(A) a depository institution, as defined by
section 3(c) of the Federal Deposit Insurance
Act;
(B) an institution-affiliated party, as de-
fined by section 3(u) of such Act; and
(C) any Federal credit union or State cred-
it union, as defined by section 101 of the Fed-
eral Credit Union Act, including an institution-
affiliated party of such a credit union, as de-
fined by section 206(r) of such Act.
(2) The term ‘‘financial record’’ has the mean-
ing given such term by section 1101 of the Right to
Financial Privacy Act of 1978.
(3) The term ‘‘State child support enforcement
agency’’ means a State agency which administers a
State program for establishing and enforcing child
support obligations.