584
HR 2903 IH
retary, shall include sufficient information (including
names, social security numbers or other uniform
identification numbers, and State case identification
numbers) to identify the individuals who owe or are
owed support (or with respect to or on behalf of
whom support obligations are sought to be estab-
lished), and the State or States which have estab-
lished or modified, or are enforcing or seeking to es-
tablish, such an order.
‘‘(i) DIRECTORY OF NEW HIRES.—
‘‘(1) IN GENERAL.—Not later than October 1,
1998, In order to assist States in administering
their State plans under this part and parts A, F,
and G, and for the other purposes specified in this
section, the Secretary shall establish and maintain in
the Federal Parent Locator Service an automated
directory to be known as the directory of New Hires,
containing—
‘‘(A) information supplied by employers on
each newly hired individual, in accordance with
paragraph (2); and
‘‘(B) information supplied by State agen-
cies administering State unemployment com-
pensation laws, in accordance with paragraph
(3).
585
HR 2903 IH
‘‘(2) EMPLOYER INFORMATION.—
‘‘(A) INFORMATION
REQUIRED.—Subject
to subparagraph (D), each employer shall fur-
nish to the Secretary, for inclusion in the direc-
tory established under this subsection, not later
than 10 days after the date (on or after Octo-
ber 1, 1998) on which the employer hires a new
employee (as defined in subparagraph (C)), a
report containing the name, date of birth, and
social security number of such employee, and
the employer identification number of the em-
ployer.
‘‘(B) REPORTING
METHOD
AND
FOR-
MAT.—The Secretary shall provide for trans-
mission of the reports required under subpara-
graph (A) using formats and methods which
minimize the burden on employers, which shall
include—
‘‘(i) automated or electronic trans-
mission of such reports;
‘‘(ii) transmission by regular mail;
and
‘‘(iii) transmission of a copy of the
form required for purposes of compliance
586
HR 2903 IH
with section 3402 of the Internal Revenue
Code of 1986.
‘‘(C) EMPLOYEE DEFINED.—For purposes
of this paragraph, the term ‘employee’ means
any individual subject to the requirement of
section 3402(f)(2) of the Internal Revenue Code
of 1986.
‘‘(D) PAPERWORK
REDUCTION
REQUIRE-
MENT.—As required by the information re-
sources management policies published by the
Director of the Office of Management and
Budget pursuant to section 3504(b)(1) of title
44, United States Code, the Secretary, in order
to minimize the cost and reporting burden on
employers, shall not require reporting pursuant
to this paragraph if an alternative reporting
mechanism can be developed that either relies
on existing Federal or State reporting or en-
ables the Secretary to collect the needed infor-
mation in a more cost-effective and equally ex-
peditious manner, taking into account the re-
porting costs on employers.
‘‘(E) CIVIL
MONEY
PENALTY
ON
NON-
COMPLYING
EMPLOYERS.—(i) Any employer
that fails to make a timely report in accordance
587
HR 2903 IH
with this paragraph with respect to an individ-
ual shall be subject to a civil money penalty, for
each calendar year in which the failure occurs,
of the lesser of $500 or 1 percent of the wages
or other compensation paid by such employer to
such individual during such calendar year.
‘‘(ii) Subject to clause (iii), the provisions
of section 1128A (other than subsections (a)
and (b) thereof) shall apply to a civil money
penalty under clause (i) in the same manner as
they apply to a civil money penalty or proceed-
ing under section 1128A(a).
‘‘(iii) Any employer with respect to whom
a penalty under this subparagraph is upheld
after an administrative hearing shall be liable to
pay all costs of the Secretary with respect to
such hearing.
‘‘(3) EMPLOYMENT SECURITY INFORMATION.—
‘‘(A) REPORTING
REQUIREMENT.—Each
State agency administering a State unemploy-
ment compensation law approved by the Sec-
retary of Labor under the Federal Unemploy-
ment Tax Act shall furnish to the Secretary of
Health and Human Services extracts of the re-
ports to the Secretary of Labor concerning the
588
HR 2903 IH
wages and unemployment compensation paid to
individuals required under section 303(a)(6), in
accordance with subparagraph (B).
‘‘(B) MANNER OF COMPLIANCE.—The ex-
tracts required under subparagraph (A) shall be
furnished to the Secretary of Health and
Human Services on a quarterly basis, with re-
spect to calendar quarters beginning on and
after October 1, 1996, by such dates, in such
format, and containing such information as re-
quired by that Secretary in regulations.
‘‘(j) DATA MATCHES AND OTHER DISCLOSURES.—
‘‘(1) VERIFICATION BY SOCIAL SECURITY AD-
MINISTRATION.—(A) The Secretary shall transmit
data on individuals and employers maintained under
this section to the Social Security Administration to
the extent necessary for verification in accordance
with subparagraph (B).
‘‘(B) The Social Security Administration shall
verify the accuracy of, correct or supply to the ex-
tent necessary and feasible, and report to the Sec-
retary, the following information in data supplied by
the Secretary pursuant to subparagraph (A):
‘‘(i) the name, social security number, and
birth date of each individual; and
589
HR 2903 IH
‘‘(ii) the employer identification number of
each employer.
‘‘(2) CHILD SUPPORT LOCATOR MATCHES.—For
the purpose of locating individuals for purposes of
paternity establishment and establishment and en-
forcement of child support, the Secretary shall—
‘‘(A) match data in the directory of New
Hires against the child support order abstracts
in the Data Bank of Child Support Orders not
less often than every 2 working days; and
‘‘(B) report information obtained from
such a match to concerned State agencies oper-
ating programs under this part not later than
2 working days after such match.
‘‘(3) DATA
MATCHES
AND
DISCLOSURES
OF
DATA IN ALL REGISTRIES FOR TITLE IV PROGRAM
PURPOSES.—The Secretary shall—
‘‘(A) perform matches of data in each com-
ponent of the Federal Parent Locator Service
maintained under this section against data in
each other such component (other than the
matches required pursuant to paragraph (1)),
and report information resulting from such
matches to State agencies operating programs
under this part and parts A, F, and G; and
590
HR 2903 IH
‘‘(B) disclose data in such registries to
such State agencies,
to the extent, and with the frequency, that the Sec-
retary determines to be effective in assisting such
States to carry out their responsibilities under such
programs.
‘‘(k) FEES.—
‘‘(1) FOR SSA VERIFICATION.—The Secretary
shall reimburse the Commissioner of Social Security,
at a rate negotiated between the Secretary and the
Commissioner, the costs incurred by the Commis-
sioner in performing the verification services speci-
fied in subsection (j).
‘‘(2) FOR
INFORMATION
FROM
SESAS.—The
Secretary shall reimburse costs incurred by State
employment security agencies in furnishing data as
required by subsection (j)(3), at rates which the Sec-
retary determines to be reasonable (which rates shall
not include payment for the costs of obtaining, com-
piling, or maintaining such data).
‘‘(3) FOR INFORMATION FURNISHED TO STATE
AND FEDERAL AGENCIES.—State and Federal agen-
cies receiving data or information from the Secretary
pursuant to this section shall reimburse the costs in-
curred by the Secretary in furnishing such data or
591
HR 2903 IH
information, at rates which the Secretary determines
to be reasonable (which rates shall include payment
for the costs of obtaining, verifying, maintaining,
and matching such data or information).
‘‘(l) RESTRICTION ON DISCLOSURE AND USE.—Data
in the Federal Parent Locator Service, and information
resulting from matches using such data, shall not be used
or disclosed except as specifically provided in this section.
‘‘(m) RETENTION OF DATA.—Data in the Federal
Parent Locator Service, and data resulting from matches
performed pursuant to this section, shall be retained for
such period (determined by the Secretary) as appropriate
for the data uses specified in this section.
‘‘(n) INFORMATION INTEGRITY AND SECURITY.—The
Secretary shall establish and implement safeguards with
respect to the entities established under this section de-
signed to—
‘‘(1) ensure the accuracy and completeness of
information in the Federal Parent Locator Service;
and
‘‘(2) restrict access to confidential information
in the Federal Parent Locator Service to authorized
persons, and restrict use of such information to au-
thorized purposes.
592
HR 2903 IH
‘‘(o) LIMIT ON LIABILITY.—The Secretary shall not
be liable to either a State or an individual for inaccurate
information provided to a component of the Federal Par-
ent Locator Service section and disclosed by the Secretary
in accordance with this section.’’.
(g) CONFORMING AMENDMENTS.—
(1) TO PART D OF TITLE IV OF THE SOCIAL SE-
CURITY
ACT.—Section 
454(8)(B) 
(42 
U.S.C.
654(8)(B)) is amended to read as follows:
‘‘(B) the Federal Parent Locator Service
established under section 453;’’.
(2) TO FEDERAL UNEMPLOYMENT TAX ACT.—
Section 3304(16) of the Internal Revenue Code of
1986 is amended—
(A) by striking ‘‘Secretary of Health, Edu-
cation, and Welfare’’ each place such term ap-
pears and inserting ‘‘Secretary of Health and
Human Services’’;
(B) in subparagraph (B), by striking
‘‘such information’’ and all that follows and in-
serting ‘‘information furnished under subpara-
graph (A) or (B) is used only for the purposes
authorized under such subparagraph;’’;
(C) by striking ‘‘and’’ at the end of sub-
paragraph (A);
593
HR 2903 IH
(D) by redesignating subparagraph (B) as
subparagraph (C); and
(E) by inserting after subparagraph (A)
the following new subparagraph:
‘‘(B) wage and unemployment compensa-
tion information contained in the records of
such agency shall be furnished to the Secretary
of Health and Human Services (in accordance
with regulations promulgated by such Sec-
retary) as necessary for the purposes of the di-
rectory of New Hires established under section
453(i) of the Social Security Act, and’’.
(3) TO STATE GRANT PROGRAM UNDER TITLE
III OF THE SOCIAL SECURITY ACT.—Section 303(a)
(42 U.S.C. 503(a)) is amended—
(A) by striking ‘‘and’’ at the end of para-
graph (8);
(B) by striking the period at the end of
paragraph (9) and inserting ‘‘; and’’; and
(C) by adding after paragraph (9) the fol-
lowing new paragraph:
‘‘(10) The making of quarterly electronic re-
ports, at such dates, in such format, and containing
such information, as required by the Secretary of
Health and Human Services under section 453(i)(3),
594
HR 2903 IH
and compliance with such provisions as such Sec-
retary may find necessary to ensure the correctness
and verification of such reports.’’.
SEC. 9426. USE OF SOCIAL SECURITY NUMBERS.
(a) STATE LAW REQUIREMENT.—Section 466(a) (42
U.S.C. 666(a)), as amended by section 9401(a) of this
Act, is amended by inserting after paragraph (12) the fol-
lowing:
‘‘(13) 
SOCIAL
SECURITY
NUMBERS
RE-
QUIRED.—Procedures requiring the recording of so-
cial security numbers—
‘‘(A) of both parties on marriage licenses
and divorce decrees; and
‘‘(B) of both parents, on birth records and
child support and paternity orders.’’.
(b) CLARIFICATION OF FEDERAL POLICY.—Section
205(c)(2)(C)(ii) (42 U.S.C. 405(c)(2)(C)(ii)) is amended
by striking the third sentence and inserting ‘‘This clause
shall not be considered to authorize disclosure of such
numbers except as provided in the preceding sentence.’’.
595
HR 2903 IH
CHAPTER 4—STREAMLINING AND
UNIFORMITY OF PROCEDURES
SEC. 9431. ADOPTION OF UNIFORM STATE LAWS.
Section 466(a) (42 U.S.C. 666(a)), as amended by
sections 9401(a) and 9426(a) of this Act, is amended in-
serting after paragraph (13) the following:
‘‘(14) INTERSTATE ENFORCEMENT.—(A) ADOP-
TION OF UIFSA.—Procedures under which the State
adopts in its entirety (with the modifications and ad-
ditions specified in this paragraph) not later than
January 1, 1997, and uses on and after such date,
the Uniform Interstate Family Support Act, as ap-
proved by the National Conference of Commissioners
on Uniform State Laws in August, 1992.
‘‘(B) EXPANDED APPLICATION OF UIFSA.—The
State law adopted pursuant to subparagraph (A)
shall be applied to any case—
‘‘(i) involving an order established or modi-
fied in one State and for which a subsequent
modification is sought in another State; or
‘‘(ii) in which interstate activity is required
to enforce an order.
‘‘(C) JURISDICTION TO MODIFY ORDERS.—The
State law adopted pursuant to subparagraph (A) of
this paragraph shall contain the following provision
596
HR 2903 IH
in lieu of section 611(a)(1) of the Uniform Inter-
state Family Support Act described in such subpara-
graph (A):
‘‘ ‘(1) the following requirements are met:
‘‘ ‘(i) the child, the individual obligee, and
the obligor—
‘‘ ‘(I) do not reside in the issuing
State; and
‘‘ ‘(II) either reside in this State or
are subject to the jurisdiction of this State
pursuant to section 201; and
‘‘ ‘(ii) (in any case where another State is
exercising or seeks to exercise jurisdiction to
modify the order) the conditions of section 204
are met to the same extent as required for pro-
ceedings to establish orders; or’.
‘‘(D) SERVICE
OF
PROCESS.—The State law
adopted pursuant to subparagraph (A) shall recog-
nize as valid, for purposes of any proceeding subject
to such State law, service of process upon persons
in the State (and proof of such service) by any
means acceptable in another State which is the initi-
ating or responding State in such proceeding.
‘‘(E) 
COOPERATION
BY
EMPLOYERS.—The
State law adopted pursuant to subparagraph (A)
597
HR 2903 IH
shall provide for the use of procedures (including
sanctions for noncompliance) under which all entities
in the State (including for-profit, nonprofit, and gov-
ernmental employers) are required to provide
promptly, in response to a request by the State
agency of that or any other State administering a
program under this part, information on the employ-
ment, compensation, and benefits of any individual
employed by such entity as an employee or contrac-
tor.’’.
SEC. 9432. IMPROVEMENTS TO FULL FAITH AND CREDIT
FOR CHILD SUPPORT ORDERS.
Section 1738B of title 28, United States Code, is
amended—
(1) in subsection (a)(2), by striking ‘‘subsection
(e)’’ and inserting ‘‘subsections (e), (f), and (i)’’;
(2) in subsection (b), by inserting after the 2nd
undesignated paragraph the following:
‘‘ ‘child’s home State’ means the State in which
a child lived with a parent or a person acting as par-
ent for at least six consecutive months immediately
preceding the time of filing of a petition or com-
parable pleading for support and, if a child is less
than six months old, the State in which the child
lived from birth with any of them. A period of tem-
598
HR 2903 IH
porary absence of any of them is counted as part of
the six-month period.’’;
(3) in subsection (c), by inserting ‘‘by a court
of a State’’ before ‘‘is made’’;
(4) in subsection (c)(1), by inserting ‘‘and sub-
sections (e), (f), and (g)’’ after ‘‘located’’;
(5) in subsection (d)—
(A) by inserting ‘‘individual’’ before ‘‘con-
testant’’; and
(B) by striking ‘‘subsection (e)’’ and in-
serting ‘‘subsections (e) and (f)’’;
(6) in subsection (e), by striking ‘‘make a modi-
fication of a child support order with respect to a
child that is made’’ and inserting ‘‘modify a child
support order issued’’;
(7) in subsection (e)(1), by inserting ‘‘pursuant
to subsection (i)’’ before the semicolon;
(8) in subsection (e)(2)—
(A) by inserting ‘‘individual’’ before ‘‘con-
testant’’ each place such term appears; and
(B) by striking ‘‘to that court’s making the
modification and assuming’’ and inserting ‘‘with
the State of continuing, exclusive jurisdiction
for a court of another State to modify the order
and assume’’;
599
HR 2903 IH
(9) by redesignating subsections (f) and (g) as
subsections (g) and (h), respectively;
(10) by inserting after subsection (e) the follow-
ing:
‘‘(f) RECOGNITION OF CHILD SUPPORT ORDERS.—
If one or more child support orders have been issued in
this or another State with regard to an obligor and a child,
a court shall apply the following rules in determining
which order to recognize for purposes of continuing, exclu-
sive jurisdiction and enforcement:
‘‘(1) If only one court has issued a child sup-
port order, the order of that court must be recog-
nized.
‘‘(2) If two or more courts have issued child
support orders for the same obligor and child, and
only one of the courts would have continuing, exclu-
sive jurisdiction under this section, the order of that
court must be recognized.
‘‘(3) If two or more courts have issued child
support orders for the same obligor and child, and
only one of the courts would have continuing, exclu-
sive jurisdiction under this section, an order issued
by a court in the current home State of the child
must be recognized, but if an order has not been is-
600
HR 2903 IH
sued in the current home State of the child, the
order most recently issued must be recognized.
‘‘(4) If two or more courts have issued child
support orders for the same obligor and child, and
none of the courts would have continuing, exclusive
jurisdiction under this section, a court may issue a
child support order, which must be recognized.
‘‘(5) The court that has issued an order recog-
nized under this subsection is the court having con-
tinuing, exclusive jurisdiction.’’;
(11) in subsection (g) (as so redesignated)—
(A) by striking ‘‘PRIOR’’ and inserting
‘‘MODIFIED’’; and
(B) by striking ‘‘subsection (e)’’ and in-
serting ‘‘subsections (e) and (f)’’;
(12) in subsection (h) (as so redesignated)—
(A) in paragraph (2), by inserting ‘‘includ-
ing the duration of current payments and other
obligations of support’’ before the comma; and
(B) in paragraph (3), by inserting ‘‘arrears
under’’ after ‘‘enforce’’; and
(13) by adding at the end the following:
‘‘(i) REGISTRATION FOR MODIFICATION.—If there is
no individual contestant or child residing in the issuing
State, the party or support enforcement agency seeking
601
HR 2903 IH
to modify, or to modify and enforce, a child support order
issued in another State shall register that order in a State
with jurisdiction over the nonmovant for the purpose of
modification.’’.
SEC. 9433. STATE LAWS PROVIDING EXPEDITED PROCE-
DURES.
(a) STATE LAW REQUIREMENTS.—Section 466 (42
U.S.C. 666) is amended—
(1) in subsection (a)(2), in the first sentence, to
read as follows: ‘‘Expedited administrative and judi-
cial procedures (including the procedures specified in
subsection (c)) for establishing paternity and for es-
tablishing, modifying, and enforcing support obliga-
tions.’’; and
(2) by adding after subsection (b) the following
new subsection:
‘‘(c) EXPEDITED
PROCEDURES.—The procedures
specified in this subsection are the following:
‘‘(1) ADMINISTRATIVE ACTION BY STATE AGEN-
CY.—Procedures which give the State agency the au-
thority (and recognize and enforce the authority of
State agencies of other States), without the necessity
of obtaining an order from any other judicial or ad-
ministrative tribunal (but subject to due process
safeguards, including (as appropriate) requirements
602
HR 2903 IH
for notice, opportunity to contest the action, and op-
portunity for an appeal on the record to an inde-
pendent administrative or judicial tribunal), to take
the following actions relating to establishment or en-
forcement of orders:
‘‘(A) GENETIC TESTING.—To order genetic
testing for the purpose of paternity establish-
ment as provided in section 466(a)(5).
‘‘(B) DEFAULT ORDERS.—To enter a de-
fault order, upon a showing of service of proc-
ess and any additional showing required by
State law—
‘‘(i) establishing paternity, in the case
of any putative father who refuses to sub-
mit to genetic testing; and
‘‘(ii) establishing or modifying a sup-
port obligation, in the case of a parent (or
other obligor or obligee) who fails to re-
spond to notice to appear at a proceeding
for such purpose.
‘‘(C) SUBPOENAS.—To subpoena any fi-
nancial or other information needed to estab-
lish, modify, or enforce an order, and to sanc-
tion failure to respond to any such subpoena.
603
HR 2903 IH
‘‘(D) ACCESS TO PERSONAL AND FINAN-
CIAL INFORMATION.—To obtain access, subject
to safeguards on privacy and information secu-
rity, to the following records (including auto-
mated access, in the case of records maintained
in automated data bases):
‘‘(i) records of other State and local
government agencies, including—
‘‘(I) vital statistics (including
records of marriage, birth, and di-
vorce);
‘‘(II) State and local tax and rev-
enue records (including information
on residence address, employer, in-
come and assets);
‘‘(III) records concerning real
and titled personal property;
‘‘(IV) records of occupational and
professional licenses, and records con-
cerning the ownership and control of
corporations, partnerships, and other
business entities;
‘‘(V) 
employment 
security
records;
604
HR 2903 IH
‘‘(VI) records of agencies admin-
istering public assistance programs;
‘‘(VII) records of the motor vehi-
cle department; and
‘‘(VIII) corrections records; and
‘‘(ii) certain records held by private
entities, including—
‘‘(I) customer records of public
utilities and cable television compa-
nies; and
‘‘(II) information (including in-
formation on assets and liabilities) on
individuals who owe or are owed sup-
port (or against or with respect to
whom a support obligation is sought)
held by financial institutions (subject
to limitations on liability of such enti-
ties arising from affording such ac-
cess).
‘‘(E) INCOME
WITHHOLDING.—To order
income withholding in accordance with sub-
section (a)(1) and (b) of section 466.
‘‘(F) CHANGE IN PAYEE.—(In cases where
support is subject to an assignment under sec-
tion 403(b)(1)(E)(i), 471(a)(17), or 1912, or to
605
HR 2903 IH
a requirement to pay through the centralized
collections unit under section 454B) upon pro-
viding notice to obligor and obligee, to direct
the obligor or other payor to change the payee
to the appropriate government entity.
‘‘(G) SECURE ASSETS TO SATISFY ARREAR-
AGES.—For the purpose of securing overdue
support—
‘‘(i) to intercept and seize any peri-
odic or lump-sum payment to the obligor
by or through a State or local government
agency, including—
‘‘(I) 
unemployment 
compensa-
tion, 
workers’ 
compensation, 
and
other benefits;
‘‘(II) judgments and settlements
in cases under the jurisdiction of the
State or local government; and
‘‘(III) lottery winnings;
‘‘(ii) to attach and seize assets of the
obligor held by financial institutions;
‘‘(iii) to attach public and private re-
tirement funds in appropriate cases, as de-
termined by the Secretary; and
606
HR 2903 IH
‘‘(iv) to impose liens in accordance
with paragraph (a)(4) and, in appropriate
cases, to force sale of property and dis-
tribution of proceeds.
‘‘(H) INCREASE
MONTHLY
PAYMENTS.—
For the purpose of securing overdue support, to
increase the amount of monthly support pay-
ments to include amounts for arrearages (sub-
ject to such conditions or restrictions as the
State may provide).
‘‘(I) 
SUSPENSION
OF
DRIVERS’ 
LI-
CENSES.—To suspend drivers’ licenses of indi-
viduals owing past-due support, in accordance
with subsection (a)(16).
‘‘(2) SUBSTANTIVE AND PROCEDURAL RULES.—
The expedited procedures required under subsection
(a)(2) shall include the following rules and author-
ity, applicable with respect to all proceedings to es-
tablish paternity or to establish, modify, or enforce
support orders:
‘‘(A) LOCATOR
INFORMATION; PRESUMP-
TIONS
CONCERNING
NOTICE.—Procedures
under which—
‘‘(i) the parties to any paternity or
child support proceedings are required
607
HR 2903 IH
(subject to privacy safeguards) to file with
the tribunal before entry of an order, and
to update as appropriate, information on
location and identity (including Social Se-
curity number, residential and mailing ad-
dresses, telephone number, driver’s license
number, and name, address, and telephone
number of employer); and
‘‘(ii) in any subsequent child support
enforcement action between the same par-
ties, the tribunal shall be authorized, upon
sufficient showing that diligent effort has
been made to ascertain such party’s cur-
rent location, to deem due process require-
ments for notice and service of process to
be met, with respect to such party, by de-
livery to the most recent residential or em-
ployer address so filed pursuant to clause
(i).
‘‘(B) STATEWIDE
JURISDICTION.—Proce-
dures under which—
‘‘(i) the State agency and any admin-
istrative or judicial tribunal with authority
to hear child support and paternity cases
exerts statewide jurisdiction over the par-
608
HR 2903 IH
ties, and orders issued in such cases have
statewide effect; and
‘‘(ii) (in the case of a State in which
orders in such cases are issued by local ju-
risdictions) a case may be transferred be-
tween jurisdictions in the State without
need for any additional filing by the peti-
tioner, or service of process upon the re-
spondent, to retain jurisdiction over the
parties.’’.
(c) EXCEPTIONS
FROM
STATE
LAW
REQUIRE-
MENTS.—Section 466(d) (42 U.S.C. 666(d)) is amend-
ed—
(1) by striking ‘‘(d) If’’ and inserting the fol-
lowing:
‘‘(d) EXEMPTIONS FROM REQUIREMENTS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2),
if’’; and
(2) by adding at the end the following new
paragraph:
‘‘(2) NONEXEMPT
REQUIREMENTS.—The Sec-
retary shall not grant an exemption from the re-
quirements of—
‘‘(A) subsection (a)(5) (concerning proce-
dures for paternity establishment);
609
HR 2903 IH
‘‘(B) subsection (a)(10) (concerning modi-
fication of orders);
‘‘(C) subsection (a)(12) (concerning re-
cording of orders in the central State case reg-
istry);
‘‘(D) subsection (a)(13) (concerning re-
cording of Social Security numbers);
‘‘(E) subsection (a)(14) (concerning inter-
state enforcement); or
‘‘(F) subsection (c) (concerning expedited
procedures), other than paragraph (1)(A) there-
of (concerning establishment or modification of
support amount).’’.
(d) AUTOMATION OF STATE AGENCY FUNCTIONS.—
Section 454A, as added by section 9415(a)(2) of this Act
and as amended by sections 9421 and 9422(c) of this Act,
is amended by adding at the end the following new sub-
section:
‘‘(h) EXPEDITED ADMINISTRATIVE PROCEDURES.—
The automated system required under this section shall
be used, to the maximum extent feasible, to implement any
expedited administrative procedures required under sec-
tion 466(c).’’.
610
HR 2903 IH
CHAPTER 5—PATERNITY ESTABLISHMENT
SEC. 9441. SENSE OF THE CONGRESS.
It is the sense of the Congress that social services
should be provided in hospitals to women who have become
pregnant as a result of rape or incest.
SEC. 9442. AVAILABILITY OF PARENTING SOCIAL SERVICES
FOR NEW FATHERS.
Section 466(a) (42 U.S.C. 666(a)), as amended by
sections 9401(a), 9426(a), and 9431 of this Act, is amend-
ed by inserting after paragraph (14) the following:
‘‘(15) Procedures for providing new fathers
with positive parenting counseling that stresses the
importance of paying child support in a timely man-
ner, in accordance with regulations prescribed by the
Secretary.’’.
SEC. 9443. COOPERATION REQUIREMENT AND GOOD CAUSE
EXCEPTION.
(a) IN GENERAL.—Section 454 (42 U.S.C. 654) is
amended—
(1) by striking ‘‘and’’ at the end of paragraph
(23);
(2) by striking the period at the end of para-
graph (24) and inserting ‘‘; and’’; and
(3) by inserting after paragraph (24) the fol-
lowing:
611
HR 2903 IH
‘‘(25) provide that the State agency administer-
ing the plan under this part—
‘‘(A) will make the determination specified
under paragraph (4), as to whether an individ-
ual is cooperating with efforts to establish pa-
ternity and secure support (or has good cause
not to cooperate with such efforts) for purposes
of the requirements of sections 403(b)(1)(E)(i)
and 1912;
‘‘(B) will advise individuals, both orally
and in writing, of the grounds for good cause
exceptions to the requirement to cooperate with
such efforts;
‘‘(C) will take the best interests of the
child into consideration in making the deter-
mination whether such individual has good
cause not to cooperate with such efforts;
‘‘(D)(i) will make the initial determination
as to whether an individual is cooperating (or
has good cause not to cooperate) with efforts to
establish paternity within 10 days after such in-
dividual is referred to such State agency by the
State agency administering the program under
part A of title XIX;
612
HR 2903 IH
‘‘(ii) will make redeterminations as to co-
operation or good cause at appropriate inter-
vals; and
‘‘(iii) will promptly notify the individual,
and the State agencies administering such pro-
grams, of each such determination and redeter-
mination;
‘‘(E) with respect to any child born on or
after the date 10 months after enactment of
this provision, will not determine (or redeter-
mine) the mother (or other custodial relative) of
such child to be cooperating with efforts to es-
tablish paternity unless such individual fur-
nishes—
‘‘(i) the name of the putative father
(or fathers); and
‘‘(ii) sufficient additional information
to enable the State agency, if reasonable
efforts were made, to verify the identity of
the person named as the putative father
(including such information as the putative
father’s present address, telephone num-
ber, date of birth, past or present place of
employment, school previously or currently
attended, and names and addresses of par-
613
HR 2903 IH
ents, friends, or relatives able to provide
location information, or other information
that could enable service of process on
such person), and
‘‘(F)(i) (where a custodial parent who was
initially determined not to be cooperating (or to
have good cause not to cooperate) is later deter-
mined to be cooperating or to have good cause
not to cooperate) will immediately notify the
State agencies administering the programs
under part A of title XIX that this eligibility
condition has been met; and
‘‘(ii) (where a custodial parent was initially
determined to be cooperating (or to have good
cause not to cooperate)) will not later determine
such individual not to be cooperating (or not to
have good cause not to cooperate) until such in-
dividual has been afforded an opportunity for a
hearing.’’.
(b) MEDICAID AMENDMENTS.—Section 1912(a) (42
U.S.C. 1396k(a)) is amended—
(1) in paragraph (1)(B), by inserting ‘‘(except
as provided in paragraph (2))’’ after ‘‘to cooperate
with the State’’;
614
HR 2903 IH
(2) in subparagraphs (B) and (C) of paragraph
(1) by striking ‘‘, unless’’ and all that follows and
inserting a semicolon; and
(3) by redesignating paragraph (2) as para-
graph (5), and inserting after paragraph (1) the fol-
lowing new paragraphs:
‘‘(2) provide that the State agency will imme-
diately refer each applicant or recipient requiring
paternity establishment services to the State agency
administering the program under part D of title IV;
‘‘(3) provide that an individual will not be re-
quired to cooperate with the State, as provided
under paragraph (1), if the individual is found to
have good cause for refusing to cooperate, as deter-
mined in accordance with standards prescribed by
the Secretary, which standards shall take into con-
sideration the best interests of the individuals in-
volved—
‘‘(A) to the satisfaction of the State agency
administering the program under part D, as de-
termined in accordance with section 454(25),
with respect to the requirements to cooperate
with efforts to establish paternity and to obtain
support (including medical support) from a par-
ent; and
615
HR 2903 IH
‘‘(B) to the satisfaction of the State agen-
cy administering the program under this title,
with respect to other requirements to cooperate
under paragraph (1);
‘‘(4) provide that (except as provided in para-
graph (5)) an applicant requiring paternity estab-
lishment services (other than an individual presump-
tively eligible pursuant to section 1920) shall not be
eligible for medical assistance under this title until
such applicant—
‘‘(i) has furnished to the agency admin-
istering the State plan under part D of title IV
the information specified in section 454(25)(E);
or
‘‘(ii) has been determined by such agency
to have good cause not to cooperate; and
‘‘(5) provide that the provisions of paragraph
(4) shall not apply with respect to an applicant—
‘‘(i) if such agency has not, within 10 days
after such individual was referred to such agen-
cy, provided the notification required by section
454(25)(D)(iii), until such notification is re-
ceived; and
‘‘(ii) if such individual appeals a deter-
mination that the individual lacks good cause
616
HR 2903 IH
for noncooperation, until after such determina-
tion is affirmed after notice and opportunity for
a hearing.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall be effective with respect to applications
filed in or after the first calendar quarter beginning 10
months or more after the date of the enactment of this
Act (or such earlier quarter as the State may select) for
assistance under a State plan approved under part A of
title IV of the Social Security Act or for medical assistance
under a State plan approved under title XIX of such Act.
SEC. 9444. FEDERAL MATCHING PAYMENTS.
(a) INCREASED BASE MATCHING RATE.—Section
455(a)(2) (42 U.S.C. 655(a)(2)) is amended to read as
follows:
‘‘(2) The applicable percent for a quarter for
purposes of paragraph (1)(A) is—
‘‘(A) for fiscal year 1996, 69 percent;
‘‘(B) for fiscal year 1997, 72 percent; and
‘‘(C) for fiscal year 1998 and succeeding
fiscal years, 75 percent.’’.
(b) MAINTENANCE OF EFFORT.—Section 455 (42
U.S.C. 655) is amended—
617
HR 2903 IH
(1) in subsection (a)(1), in the matter preced-
ing subparagraph (A), by striking ‘‘From’’ and in-
serting ‘‘Subject to subsection (c), from’’; and
(2) by inserting after subsection (b) the follow-
ing:
‘‘(c) MAINTENANCE OF EFFORT.—Notwithstanding
subsection (a), total expenditures for the State program
under this part for fiscal year 1996 and each succeeding
fiscal year, reduced by the percentage specified for such
fiscal year under subparagraph (A), (B), or (C)(i) of para-
graph (2), shall not be less than such total expenditures
for fiscal year 1995, reduced by 66 percent.’’.
SEC. 9445. STATE LAWS CONCERNING PATERNITY ESTAB-
LISHMENT.
(a) STATE LAWS REQUIRED.—Section 466(a)(5) (42
U.S.C. 666(a)(5)) is amended—
(1) by striking ‘‘(5)’’ and inserting the follow-
ing:
‘‘(5) PROCEDURES CONCERNING PATERNITY ES-
TABLISHMENT.—’’;
(2) in subparagraph (A)—
(A) by striking ‘‘(A)(i)’’ and inserting the
following:
618
HR 2903 IH
‘‘(A) ESTABLISHMENT
PROCESS
AVAIL-
ABLE
FROM
BIRTH
UNTIL
AGE
EIGHTEEN.—
(i)’’; and
(B) by indenting clauses (i) and (ii) so
that the left margin of such clauses is 2 ems to
the right of the left margin of paragraph (4);
(3) in subparagraph (B)—
(A) by striking ‘‘(B)’’ and inserting the
following:
‘‘(B) PROCEDURES CONCERNING GENETIC
TESTING.—(i)’’;
(B) in clause (i), as redesignated, by in-
serting before the period ‘‘, where such request
is supported by a sworn statement (I) by such
party alleging paternity setting forth facts es-
tablishing a reasonable possibility of the req-
uisite sexual contact of the parties, or (II) by
such party denying paternity setting forth facts
establishing a reasonable possibility of the
nonexistence of sexual contact of the parties;’’;
(C) by inserting after and below clause (i)
(as redesignated) the following new clause:
‘‘(ii) Procedures which require the State
agency, in any case in which such agency orders
genetic testing—
619
HR 2903 IH
‘‘(I) to pay costs of such tests, subject
to recoupment (where the State so elects)
from the putative father if paternity is es-
tablished; and
‘‘(II) to obtain additional testing in
any case where an original test result is
disputed, upon request and advance pay-
ment by the disputing party.’’;
(4) by striking subparagraphs (C) and (D) and
inserting the following:
‘‘(C) PATERNITY ACKNOWLEDGMENT.—(i)
Procedures for a simple civil process for volun-
tarily acknowledging paternity under which the
State must provide that, before a mother and a
putative father can sign an acknowledgment of
paternity, the putative father and the mother
must be given notice, orally, in writing, and in
a language that each can understand, of the al-
ternatives to, the legal consequences of, and the
rights (including, if 1 parent is a minor, any
rights afforded due to minority status) and re-
sponsibilities that arise from, signing the ac-
knowledgment.
‘‘(ii) Such procedures must include a hos-
pital-based program for the voluntary acknowl-
620
HR 2903 IH
edgment of paternity focusing on the period im-
mediately before or after the birth of a child.
‘‘(iii) Such procedures must require the
State agency responsible for maintaining birth
records to offer voluntary paternity establish-
ment services.
‘‘(iv) The Secretary shall prescribe regula-
tions governing voluntary paternity establish-
ment services offered by hospitals and birth
record agencies. The Secretary shall prescribe
regulations specifying the types of other entities
that may offer voluntary paternity establish-
ment services, and governing the provision of
such services, which shall include a requirement
that such an entity must use the same notice
provisions used by, the same materials used by,
provide the personnel providing such services
with the same training provided by, and evalu-
ate the provision of such services in the same
manner as, voluntary paternity establishment
programs of hospitals and birth record agen-
cies.
‘‘(v) Such procedures must require the
State and those required to establish paternity
to use only the affidavit developed under section
621
HR 2903 IH
452(a)(7) for the voluntary acknowledgment of
paternity, and to give full faith and credit to
such an affidavit signed in any other State.
‘‘(D) STATUS OF SIGNED PATERNITY AC-
KNOWLEDGMENT.—(i) Procedures under which
a signed acknowledgment of paternity is consid-
ered a legal finding of paternity, subject to the
right of any signatory to rescind the acknowl-
edgment within 60 days.
‘‘(ii)(I) Procedures under which, after the
60-day period referred to in clause (i), a signed
acknowledgment of paternity may be challenged
in court only on the basis of fraud, duress, or
material mistake of fact, with the burden of
proof upon the challenger, and under which the
legal responsibilities (including child support
obligations) of any signatory arising from the
acknowledgment may not be suspended during
the challenge, except for good cause shown.
‘‘(II) Procedures under which, after the
60-day period referred to in clause (i), a minor
who signs an acknowledgment of paternity
other than in the presence of a parent or court-
appointed guardian ad litem may rescind the
622
HR 2903 IH
acknowledgment in a judicial or administrative
proceeding, until the earlier of—
‘‘(aa) attaining the age of majority; or
‘‘(bb) the date of the first judicial or
administrative proceeding brought (after
the signing) to establish a child support
obligation, visitation rights, or custody
rights with respect to the child whose pa-
ternity is the subject of the acknowledg-
ment, and at which the minor is rep-
resented by a parent, guardian ad litem, or
attorney.’’;
(5) by striking subparagraph (E) and inserting
the following:
‘‘(E) BAR ON ACKNOWLEDGMENT RATIFI-
CATION
PROCEEDINGS.—Procedures 
under
which no judicial or administrative proceedings
are required or permitted to ratify an unchal-
lenged acknowledgment of paternity.’’;
(6) by striking subparagraph (F) and inserting
the following:
‘‘(F) ADMISSIBILITY OF GENETIC TESTING
RESULTS.—Procedures—
‘‘(i) requiring that the State admit
into evidence, for purposes of establishing
623
HR 2903 IH
paternity, results of any genetic test that
is—
‘‘(I) of a type generally acknowl-
edged, by accreditation bodies des-
ignated by the Secretary, as reliable
evidence of paternity; and
‘‘(II) performed by a laboratory
approved by such an accreditation
body;
‘‘(ii) that any objection to genetic
testing results must be made in writing not
later than a specified number of days be-
fore any hearing at which such results may
be introduced into evidence (or, at State
option, not later than a specified number
of days after receipt of such results); and
‘‘(iii) that, if no objection is made, the
test results are admissible as evidence of
paternity without the need for foundation
testimony or other proof of authenticity or
accuracy.’’; and
(7) by adding after subparagraph (H) the fol-
lowing new subparagraphs:
624
HR 2903 IH
‘‘(I) NO RIGHT TO JURY TRIAL.—Proce-
dures providing that the parties to an action to
establish paternity are not entitled to jury trial.
‘‘(J) TEMPORARY SUPPORT ORDER BASED
ON
PROBABLE
PATERNITY
IN
CONTESTED
CASES.—Procedures which require that a tem-
porary order be issued, upon motion by a party,
requiring the provision of child support pending
an administrative or judicial determination of
parentage, where there is clear and convincing
evidence of paternity (on the basis of genetic
tests or other evidence).
‘‘(K) PROOF OF CERTAIN SUPPORT AND
PATERNITY
ESTABLISHMENT
COSTS.—Proce-
dures under which bills for pregnancy, child-
birth, and genetic testing are admissible as evi-
dence without requiring third-party foundation
testimony, and shall constitute prima facie evi-
dence of amounts incurred for such services and
testing on behalf of the child.
‘‘(L) WAIVER OF STATE DEBTS FOR CO-
OPERATION.—At the option of the State, proce-
dures under which the tribunal establishing pa-
ternity and support has discretion to waive
rights to all or part of amounts owed to the
625
HR 2903 IH
State (but not to the mother) for costs related
to pregnancy, childbirth, and genetic testing
and for public assistance paid to the family
where the father cooperates or acknowledges
paternity before or after genetic testing.
‘‘(M) STANDING OF PUTATIVE FATHERS.—
Procedures ensuring that the putative father
has a reasonable opportunity to initiate a pater-
nity action.’’.
(b) NATIONAL PATERNITY ACKNOWLEDGMENT AFFI-
DAVIT.—Section 452(a)(7) (42 U.S.C. 652(a)(7)) is
amended by inserting ‘‘, and develop an affidavit to be
used for the voluntary acknowledgment of paternity which
shall include the social security account number of each
parent’’ before the semicolon.
(c) TECHNICAL
AMENDMENT.—Section 468 (42
U.S.C. 668) is amended by striking ‘‘a simple civil process
for voluntarily acknowledging paternity and’’.
SEC. 9446. OUTREACH FOR VOLUNTARY PATERNITY ESTAB-
LISHMENT.
(a) STATE PLAN REQUIREMENT.—Section 454(23)
(42 U.S.C. 654(23)) is amended by adding at the end the
following new subparagraph:
‘‘(C) publicize the availability and encour-
age the use of procedures for voluntary estab-
626
HR 2903 IH
lishment of paternity and child support through
a variety of means, which—
‘‘(i) include distribution of written
materials at health care facilities (includ-
ing hospitals and clinics), and other loca-
tions such as schools;
‘‘(ii) may include pre-natal programs
to educate expectant couples on individual
and joint rights and responsibilities with
respect to paternity (and may require all
expectant recipients of assistance under
part A to participate in such pre-natal pro-
grams, as an element of cooperation with
efforts to establish paternity and child sup-
port);
‘‘(iii) include, with respect to each
child discharged from a hospital after birth
for whom paternity or child support has
not been established, reasonable follow-up
efforts (including at least one contact of
each parent whose whereabouts are known,
except where there is reason to believe
such follow-up efforts would put mother or
child at risk), providing—
627
HR 2903 IH
‘‘(I) in the case of a child for
whom paternity has not been estab-
lished, information on the benefits of
and procedures for establishing pater-
nity; and
‘‘(II) in the case of a child for
whom paternity has been established
but child support has not been estab-
lished, information on the benefits of
and procedures for establishing a
child support order, and an applica-
tion for child support services;’’.
(b) 
ENHANCED
FEDERAL
MATCHING.—Section
455(a)(1)(C) (42 U.S.C. 655(a)(1)(C)) is amended—
(1) by inserting ‘‘(i)’’ before ‘‘laboratory costs’’,
and
(2) by inserting before the semicolon ‘‘, and (ii)
costs of outreach programs designed to encourage
voluntary acknowledgment of paternity’’.
(c) EFFECTIVE DATES.—(1) The amendments made
by subsection (a) shall become effective October 1, 1997.
(2) The amendments made by subsection (b) shall be
effective with respect to calendar quarters beginning on
and after October 1, 1996.
628
HR 2903 IH
CHAPTER 6—ESTABLISHMENT AND
MODIFICATION OF SUPPORT ORDERS
SEC. 9451. NATIONAL CHILD SUPPORT GUIDELINES COM-
MISSION.
(a) ESTABLISHMENT.—There is hereby established a
commission to be known as the ‘‘National Child Support
Guidelines Commission’’ (in this section referred to as the
‘‘Commission’’).
(b) GENERAL DUTIES.—The Commission shall de-
velop a national child support guideline for consideration
by the Congress that is based on a study of various guide-
line models, the benefits and deficiencies of such models,
and any needed improvements.
(c) MEMBERSHIP.—
(1) NUMBER; APPOINTMENT.—
(A) IN GENERAL.—The Commission shall
be composed of 12 individuals appointed jointly
by the Secretary of Health and Human Services
and the Congress, not later than January 15,
1997, of which—
(i) 2 shall be appointed by the Chair-
man of the Committee on Finance of the
Senate, and 1 shall be appointed by the
ranking minority member of the Commit-
tee;
629
HR 2903 IH
(ii) 2 shall be appointed by the Chair-
man of the Committee on Ways and Means
of the House of Representatives, and 1
shall be appointed by the ranking minority
member of the Committee; and
(iii) 6 shall be appointed by the Sec-
retary of Health and Human Services.
(B) 
QUALIFICATIONS
OF
MEMBERS.—
Members of the Commission shall have exper-
tise and experience in the evaluation and devel-
opment of child support guidelines. At least 1
member shall represent advocacy groups for
custodial parents, at least 1 member shall rep-
resent advocacy groups for noncustodial par-
ents, and at least 1 member shall be the direc-
tor of a State program under part D of title IV
of the Social Security Act.
(2) TERMS OF OFFICE.—Each member shall be
appointed for a term of 2 years. A vacancy in the
Commission shall be filled in the manner in which
the original appointment was made.
(d) COMMISSION POWERS, COMPENSATION, ACCESS
TO INFORMATION, AND SUPERVISION.—The first sentence
of subparagraph (C), the first and third sentences of sub-
paragraph (D), subparagraph (F) (except with respect to
630
HR 2903 IH
the conduct of medical studies), clauses (ii) and (iii) of
subparagraph (G), and subparagraph (H) of section
1886(e)(6) of the Social Security Act shall apply to the
Commission in the same manner in which such provisions
apply to the Prospective Payment Assessment Commis-
sion.
(e) REPORT.—Not later than 2 years after the ap-
pointment of members, the Commission shall submit to
the President, the Committee on Ways and Means of the
House of Representatives, and the Committee on Finance
of the Senate, a recommended national child support
guideline and a final assessment of issues relating to such
a proposed national child support guideline.
(f) TERMINATION.—The Commission shall terminate
6 months after the submission of the report described in
subsection (e).
SEC. 9452. SIMPLIFIED PROCESS FOR REVIEW AND ADJUST-
MENT OF CHILD SUPPORT ORDERS.
(a) IN GENERAL.—Section 466(a)(10) (42 U.S.C.
666(a)(10)) is amended to read as follows:
‘‘(10) PROCEDURES
FOR
MODIFICATION
OF
SUPPORT ORDERS.—
‘‘(A)(i) Procedures under which—
‘‘(I) every 3 years, at the request of
either parent subject to a child support
631
HR 2903 IH
order, the State shall review and, as appro-
priate, adjust the order in accordance with
the guidelines established under section
467(a) if the amount of the child support
award under the order differs from the
amount that would be awarded in accord-
ance with such guidelines, without a re-
quirement for any other change in cir-
cumstances; and
‘‘(II) upon request at any time of ei-
ther parent subject to a child support
order, the State shall review and, as appro-
priate, adjust the order in accordance with
the guidelines established under section
467(a) based on a substantial change in
the circumstances of either such parent.
‘‘(ii) Such procedures shall require both
parents subject to a child support order to be
notified of their rights and responsibilities pro-
vided for under clause (i) at the time the order
is issued and in the annual information ex-
change form provided under subparagraph (B).
‘‘(B) Procedures under which each child
support order issued or modified in the State
after the effective date of this subparagraph
632
HR 2903 IH
shall require the parents subject to the order to
provide each other with a complete statement of
their respective financial condition annually on
a form which shall be established by the Sec-
retary and provided by the State. The Secretary
shall establish regulations for the enforcement
of such exchange of information.’’.
CHAPTER 7—ENFORCEMENT OF SUPPORT
ORDERS
SEC. 9461. FEDERAL INCOME TAX REFUND OFFSET.
(a) CHANGED ORDER OF REFUND DISTRIBUTION
UNDER INTERNAL REVENUE CODE.—Section 6402(c) of
the Internal Revenue Code of 1986 is amended by striking
the 3rd sentence.
(b) ELIMINATION OF DISPARITIES IN TREATMENT
OF ASSIGNED
AND NON-ASSIGNED ARREARAGES.—(1)
Section 464(a) (42 U.S.C. 664(a)) is amended—
(A) by striking ‘‘(a)’’ and inserting ‘‘(a) OFF-
SET AUTHORIZED.—’’;
(B) in paragraph (1)—
(i) in the first sentence, by striking ‘‘which
has been assigned to such State pursuant to
section 402(a)(26) or section 471(a)(17)’’; and
633
HR 2903 IH
(ii) in the second sentence, by striking ‘‘in
accordance with section 457 (b)(4) or (d)(3)’’
and inserting ‘‘as provided in paragraph (2)’’;
(C) in paragraph (2), to read as follows:
‘‘(2) The State agency shall distribute amounts
paid by the Secretary of the Treasury pursuant to
paragraph (1)—
‘‘(A) in accordance with section 457(a)(4)
or (d)(3), in the case of past-due support as-
signed 
to 
a 
State 
pursuant 
to 
section
403(b)(1)(E)(i) or 471(a)(17); and
‘‘(B) to or on behalf of the child to whom
the support was owed, in the case of past-due
support not so assigned.’’;
(D) in paragraph (3)—
(i) by striking ‘‘or (2)’’ each place it ap-
pears; and
(ii) in subparagraph (B), by striking
‘‘under paragraph (2)’’ and inserting ‘‘on ac-
count of past-due support described in para-
graph (2)(B)’’.
(2) Section 464(b) (42 U.S.C. 664(b)) is
amended—
(A) by striking ‘‘(b)(1)’’ and inserting ‘‘(b)
REGULATIONS.—’’; and
634
HR 2903 IH
(B) by striking paragraph (2).
(3) Section 464(c) (42 U.S.C. 664(c)) is
amended—
(A) by striking ‘‘(c)(1) Except as provided
in paragraph (2), as’’ and inserting ‘‘(c) DEFI-
NITION.—As’’; and
(B) by striking paragraphs (2) and (3).
(c) EFFECTIVE DATE.—The amendments made by
this section shall become effective October 1, 1999.
SEC. 9462. INTERNAL REVENUE SERVICE COLLECTION OF
ARREARS.
(a) AMENDMENT TO INTERNAL REVENUE CODE.—
Section 6305(a) of the Internal Revenue Code of 1986 is
amended—
(1) in paragraph (1), by inserting ‘‘except as
provided in paragraph (5)’’ after ‘‘collected’’;
(2) by striking ‘‘and’’ at the end of paragraph
(3);
(3) by striking the period at the end of para-
graph (4) and inserting a comma;
(4) by adding after paragraph (4) the following
new paragraph:
‘‘(5) no additional fee may be assessed for ad-
justments to an amount previously certified pursu-
635
HR 2903 IH
ant to such section 452(b) with respect to the same
obligor.’’; and
(5) by striking ‘‘Secretary of Health, Edu-
cation, and Welfare’’ each place it appears and in-
serting ‘‘Secretary of Health and Human Services’’.
(b) EFFECTIVE DATE.—The amendments made by
this section shall become effective October 1, 1997.
SEC. 9463. AUTHORITY TO COLLECT SUPPORT FROM FED-
ERAL EMPLOYEES.
(a) CONSOLIDATION
AND STREAMLINING
OF AU-
THORITIES.—
(1) Section 459 (42 U.S.C. 659) is amended in
the caption by inserting ‘‘INCOME WITHHOLDING,’’
before ‘‘GARNISHMENT’’.
(2) Section 459(a) (42 U.S.C. 659(a)) is
amended—
(A) by striking ‘‘(a)’’ and inserting ‘‘(a)
CONSENT TO SUPPORT ENFORCEMENT.—’’;
(B) by striking ‘‘section 207’’ and insert-
ing ‘‘section 207 of this Act and 38 U.S.C.
5301’’; and
(C) by striking all that follows ‘‘a private
person,’’ and inserting ‘‘to withholding in ac-
cordance with State law pursuant to subsections
(a)(1) and (b) of section 466 and regulations of
636
HR 2903 IH
the Secretary thereunder, and to any other legal
process brought, by a State agency administer-
ing a program under this part or by an individ-
ual obligee, to enforce the legal obligation of
such individual to provide child support or ali-
mony.’’.
(3) Section 459(b) (42 U.S.C. 659(b)) is
amended to read as follows:
‘‘(b) CONSENT TO REQUIREMENTS APPLICABLE TO
PRIVATE PERSON.— Except as otherwise provided herein,
each entity specified in subsection (a) shall be subject,
with respect to notice to withhold income pursuant to sub-
section (a)(1) or (b) of section 466, or to any other order
or process to enforce support obligations against an indi-
vidual (if such order or process contains or is accompanied
by sufficient data to permit prompt identification of the
individual and the moneys involved), to the same require-
ments as would apply if such entity were a private per-
son.’’.
(4) Section 459(c) (42 U.S.C. 659(c)) is redes-
ignated and relocated as paragraph (2) of subsection
(f), and is amended—
(A) by striking ‘‘responding to interrog-
atories pursuant to requirements imposed by
section 461(b)(3)’’ and inserting ‘‘taking ac-
637
HR 2903 IH
tions necessary to comply with the requirements
of subsection (A) with regard to any individ-
ual’’; and
(B) by striking ‘‘any of his duties’’ and all
that follows and inserting ‘‘such duties.’’.
(5) Section 461 (42 U.S.C. 661) is amended by
striking subsection (b), and section 459 (42 U.S.C.
659) is amended by inserting after subsection (b)
(as added by paragraph (3) of this subsection) the
following:
‘‘(c) DESIGNATION OF AGENT; RESPONSE TO NOTICE
OR PROCESS.—(1) The head of each agency subject to the
requirements of this section shall—
‘‘(A) designate an agent or agents to receive or-
ders and accept service of process; and
‘‘(B) publish (i) in the appendix of such regula-
tions, (ii) in each subsequent republication of such
regulations, and (iii) annually in the Federal Reg-
ister, the designation of such agent or agents, identi-
fied by title of position, mailing address, and tele-
phone number.’’.
(6) Section 459 (42 U.S.C. 659) is amended by
striking subsection (d) and by inserting after sub-
section (c)(1) (as added by paragraph (5) of this
subsection) the following:
638
HR 2903 IH
‘‘(2) Whenever an agent designated pursuant to para-
graph (1) receives notice pursuant to subsection (a)(1) or
(b) of section 466, or is effectively served with any order,
process, or interrogatories, with respect to an individual’s
child support or alimony payment obligations, such agent
shall—
‘‘(A) as soon as possible (but not later than fif-
teen days) thereafter, send written notice of such no-
tice or service (together with a copy thereof) to such
individual at his duty station or last-known home
address;
‘‘(B) within 30 days (or such longer period as
may be prescribed by applicable State law) after re-
ceipt of a notice pursuant to subsection (a)(1) or (b)
of section 466, comply with all applicable provisions
of such section 466; and
‘‘(C) within 30 days (or such longer period as
may be prescribed by applicable State law) after ef-
fective service of any other such order, process, or
interrogatories, respond thereto.’’.
(7) Section 461 (42 U.S.C. 661) is amended by
striking subsection (c), and section 459 (42 U.S.C.
659) is amended by inserting after subsection (c) (as
added by paragraph (5) and amended by paragraph
(6) of this subsection) the following:
639
HR 2903 IH
‘‘(d) PRIORITY OF CLAIMS.—In the event that a gov-
ernmental entity receives notice or is served with process,
as provided in this section, concerning amounts owed by
an individual to more than one person—
‘‘(1) support collection under section 466(b)
must be given priority over any other process, as
provided in section 466(b)(7);
‘‘(2) allocation of moneys due or payable to an
individual among claimants under section 466(b)
shall be governed by the provisions of such section
466(b) and regulations thereunder; and
‘‘(3) such moneys as remain after compliance
with subparagraphs (A) and (B) shall be available to
satisfy any other such processes on a first-come,
first-served basis, with any such process being satis-
fied out of such moneys as remain after the satisfac-
tion of all such processes which have been previously
served.’’.
(8) Section 459(e) (42 U.S.C. 659(e)) is
amended by striking ‘‘(e)’’ and inserting the follow-
ing:
‘‘(e) NO REQUIREMENT TO VARY PAY CYCLES.—’’.
(9) Section 459(f) (42 U.S.C. 659(f)) is amend-
ed by striking ‘‘(f)’’ and inserting the following:
‘‘(f) RELIEF FROM LIABILITY.—(1)’’.
640
HR 2903 IH
(10) Section 461(a) (42 U.S.C. 661(a)) is re-
designated and relocated as section 459(g), and is
amended—
(A) by striking ‘‘(g)’’ and inserting the fol-
lowing:
‘‘(g) REGULATIONS.—’’; and
(B) by striking ‘‘section 459’’ and insert-
ing ‘‘this section’’.
(11) Section 462 (42 U.S.C. 662) is amended
by striking subsection (f), and section 459 (42
U.S.C. 659) is amended by inserting the following
after subsection (g) (as added by paragraph (10) of
this subsection):
‘‘(h) MONEYS SUBJECT TO PROCESS.—(1) Subject to
subsection (i), moneys paid or payable to an individual
which are considered to be based upon remuneration for
employment, for purposes of this section—
‘‘(A) consist of—
‘‘(i) compensation paid or payable for per-
sonal services of such individual, whether such
compensation is denominated as wages, salary,
commission, bonus, pay, allowances, or other-
wise (including severance pay, sick pay, and in-
centive pay);
641
HR 2903 IH
‘‘(ii) periodic benefits (including a periodic
benefit as defined in section 228(h)(3)) or other
payments—
‘‘(I) under the insurance system es-
tablished by title II;
‘‘(II) under any other system or fund
established by the United States which
provides for the payment of pensions, re-
tirement or retired pay, annuities, depend-
ents’ or survivors’ benefits, or similar
amounts payable on account of personal
services performed by the individual or any
other individual;
‘‘(III) as compensation for death
under any Federal program;
‘‘(IV) under any Federal program es-
tablished to provide ‘black lung’ benefits;
or
‘‘(V) by the Secretary of Veterans Af-
fairs as pension, or as compensation for a
service-connected disability or death (ex-
cept any compensation paid by such Sec-
retary to a former member of the Armed
Forces who is in receipt of retired or re-
tainer pay if such former member has
642
HR 2903 IH
waived a portion of his retired pay in order
to receive such compensation); and
‘‘(iii) worker’s compensation benefits paid
under Federal or State law; but
‘‘(B) do not include any payment—
‘‘(i) by way of reimbursement or otherwise,
to defray expenses incurred by such individual
in carrying out duties associated with his em-
ployment; or
‘‘(ii) as allowances for members of the uni-
formed services payable pursuant to chapter 7
of title 37, United States Code, as prescribed
by the Secretaries concerned (defined by section
101(5) of such title) as necessary for the effi-
cient performance of duty.’’.
(12) Section 462(g) (42 U.S.C. 662(g)) is re-
designated and relocated as section 459(i) (42
U.S.C. 659(i)).
(13)(A) Section 462 (42 U.S.C. 662) is amend-
ed—
(i) in subsection (e)(1), by redesignating
subparagraphs (A), (B), and (C) as clauses (i),
(ii), and (iii); and
643
HR 2903 IH
(ii) in subsection (e), by redesignating
paragraphs (1) and (2) as subparagraphs (A)
and (B).
(B) Section 459 (42 U.S.C. 659) is amended by
adding at the end the following:
‘‘(j) DEFINITIONS.—For purposes of this section:’’.
(C) Subsections (a) through (e) of section 462
(42 U.S.C. 662), as amended by subparagraph (A)
of this paragraph, are relocated and redesignated as
paragraphs (1) through (4), respectively of section
459(j) (as added by subparagraph (B) of this para-
graph, (42 U.S.C. 659(j)), and the left margin of
each of such paragraphs (1) through (4) is indented
2 ems to the right of the left margin of subsection
(i) (as added by paragraph (12) of this subsection).
(b) CONFORMING AMENDMENTS.—
(1) TO PART D OF TITLE IV.—Sections 461 and
462 (42 U.S.C. 661), as amended by subsection (a)
of this section, are repealed.
(2) TO TITLE 5, UNITED STATES CODE.—Sec-
tion 5520a of title 5, United States Code, is amend-
ed, in subsections (h)(2) and (i), by striking ‘‘sec-
tions 459, 461, and 462 of the Social Security Act
(42 U.S.C. 659, 661, and 662)’’ and inserting ‘‘sec-
645
HR 2903 IH
(B) in paragraph (1), in the first sentence, by
inserting ‘‘(or for the benefit of such spouse or
former spouse to a State central collections unit or
other public payee designated by a State, in accord-
ance with part D of title IV of the Social Security
Act, as directed by court order, or as otherwise di-
rected in accordance with such part D)’’ before ‘‘in
an amount sufficient’’.
(4) RELATIONSHIP TO PART D OF TITLE IV.—Sec-
tion 1408 of such title is amended by adding at the end
the following new subsection:
‘‘(j) RELATIONSHIP TO OTHER LAWS.—In any case
involving a child support order against a member who has
never been married to the other parent of the child, the
provisions of this section shall not apply, and the case
shall be subject to the provisions of section 459 of the
Social Security Act.’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall become effective 6 months after the date
of the enactment of this Act.
SEC. 9464. ENFORCEMENT OF CHILD SUPPORT OBLIGA-
TIONS OF MEMBERS OF THE ARMED FORCES.
(a) AVAILABILITY OF LOCATOR INFORMATION.—
(1) MAINTENANCE
OF
ADDRESS
INFORMA-
TION.—The Secretary of Defense shall establish a
646
HR 2903 IH
centralized personnel locator service that includes
the address of each member of the Armed Forces
under the jurisdiction of the Secretary. Upon re-
quest of the Secretary of Transportation, addresses
for members of the Coast Guard shall be included in
the centralized personnel locator service.
(2) TYPE OF ADDRESS.—
(A) RESIDENTIAL
ADDRESS.—Except as
provided in subparagraph (B), the address for
a member of the Armed Forces shown in the lo-
cator service shall be the residential address of
that member.
(B) DUTY ADDRESS.—The address for a
member of the Armed Forces shown in the loca-
tor service shall be the duty address of that
member in the case of a member—
(i) who is permanently assigned over-
seas, to a vessel, or to a routinely
deployable unit; or
(ii) with respect to whom the Sec-
retary concerned makes a determination
that the member’s residential address
should not be disclosed due to national se-
curity or safety concerns.
647
HR 2903 IH
(3) UPDATING
OF
LOCATOR
INFORMATION.—
Within 30 days after a member listed in the locator
service establishes a new residential address (or a
new duty address, in the case of a member covered
by paragraph (2)(B)), the Secretary concerned shall
update the locator service to indicate the new ad-
dress of the member.
(4) AVAILABILITY OF INFORMATION.—The Sec-
retary of Defense shall make information regarding
the address of a member of the Armed Forces listed
in the locator service available, on request, to the
Federal Parent Locator Service.
(b) FACILITATING GRANTING OF LEAVE FOR AT-
TENDANCE AT HEARINGS.—
(1) REGULATIONS.—The Secretary of each
military department, and the Secretary of Transpor-
tation with respect to the Coast Guard when it is
not operating as a service in the Navy, shall pre-
scribe regulations to facilitate the granting of leave
to a member of the Armed Forces under the juris-
diction of that Secretary in a case in which—
(A) the leave is needed for the member to
attend a hearing described in paragraph (2);
(B) the member is not serving in or with
a unit deployed in a contingency operation (as
648
HR 2903 IH
defined in section 101 of title 10, United States
Code); and
(C) the exigencies of military service (as
determined by the Secretary concerned) do not
otherwise require that such leave not be grant-
ed.
(2) COVERED HEARINGS.—Paragraph (1) ap-
plies to a hearing that is conducted by a court or
pursuant to an administrative process established
under State law, in connection with a civil action—
(A) to determine whether a member of the
Armed Forces is a natural parent of a child; or
(B) to determine an obligation of a mem-
ber of the Armed Forces to provide child sup-
port.
(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) PAYMENT OF MILITARY RETIRED PAY IN COM-
PLIANCE WITH CHILD SUPPORT ORDERS.—
649
HR 2903 IH
(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):
‘‘(i) CERTIFICATION DATE.—It is not necessary that
the date of a certification of the authenticity or complete-
ness of a copy of a court order or an order of an adminis-
trative process established under State law for child sup-
port received by the Secretary concerned for the purposes
of this section be recent in relation to the date of receipt
by the Secretary.’’.
(2) PAYMENTS
CONSISTENT
WITH
ASSIGN-
MENTS OF RIGHTS TO STATES.—Section 1408(d)(1)
of such title is amended by inserting after the first
sentence the following: ‘‘In the case of a spouse or
former 
spouse 
who, 
pursuant 
to 
section
403(b)(1)(E)(i) of the Social Security Act, assigns
to a State the rights of the spouse or former spouse
to receive support, the Secretary concerned may
make the child support payments referred to in the
preceding sentence to that State in amounts consist-
ent with that assignment of rights.’’.
650
HR 2903 IH
(3) ARREARAGES OWED BY MEMBERS OF THE
UNIFORMED
SERVICES.—Section 1408(d) of such
title is amended by adding at the end the following
new paragraph:
‘‘(6) In the case of a court order or an order of an
administrative process established under State law for
which effective service is made on the Secretary concerned
on or after the date of the enactment of this paragraph
and which provides for payments from the disposable re-
tired pay of a member to satisfy the amount of child sup-
port set forth in the order, the authority provided in para-
graph (1) to make payments from the disposable retired
pay of a member to satisfy the amount of child support
set forth in a court order or an order of an administrative
process established under State law shall apply to payment
of any amount of child support arrearages set forth in that
order as well as to amounts of child support that currently
become due.’’.
SEC. 9465. MOTOR VEHICLE LIENS.
Section 466(a)(4) (42 U.S.C. 666(a)(4)) is amend-
ed—
(1) by striking ‘‘(4) Procedures’’ and inserting
the following:
‘‘(4) LIENS.—
‘‘(A) IN GENERAL.—Procedures’’; and
651
HR 2903 IH
(2) by adding at the end the following new sub-
paragraph:
‘‘(B) MOTOR VEHICLE LIENS.—Procedures
for placing liens for arrears of child support on
motor vehicle titles of individuals owing such
arrears equal to or exceeding two months of
support, under which—
‘‘(i) any person owed such arrears
may place such a lien;
‘‘(ii) the State agency administering
the program under this part shall system-
atically place such liens;
‘‘(iii) expedited methods are provided
for—
‘‘(I) ascertaining the amount of
arrears;
‘‘(II) affording the person owing
the arrears or other titleholder to con-
test the amount of arrears or to ob-
tain a release upon fulfilling the sup-
port obligation;
‘‘(iv) such a lien has precedence over
all other encumbrances on a vehicle title
other than a purchase money security in-
terest; and
652
HR 2903 IH
‘‘(v) the individual or State agency
owed the arrears may execute on, seize,
and sell the property in accordance with
State law.’’.
SEC. 9466. VOIDING OF FRAUDULENT TRANSFERS.
Section 466(a) (42 U.S.C. 666(a)), as amended by
sections 9401(a), 9426(a), 9431, and 9442 of this Act,
is amended by inserting after paragraph (15) the follow-
ing:
‘‘(16) FRAUDULENT
TRANSFERS.—Procedures
under which—
‘‘(A) the State has in effect—
‘‘(i) the Uniform Fraudulent Convey-
ance Act of 1981,
‘‘(ii) the Uniform Fraudulent Trans-
fer Act of 1984, or
‘‘(iii) another law, specifying indicia of
fraud which create a prima facie case that
a debtor transferred income or property to
avoid payment to a child support creditor,
which the Secretary finds affords com-
parable rights to child support creditors;
and
‘‘(B) in any case in which the State knows
of a transfer by a child support debtor with re-
653
HR 2903 IH
spect to which such a prima facie case is estab-
lished, the State must—
‘‘(i) seek to void such transfer; or
‘‘(ii) obtain a settlement in the best
interests of the child support creditor.’’.
SEC. 9467. STATE LAW AUTHORIZING SUSPENSION OF LI-
CENSES.
Section 466(a) (42 U.S.C. 666(a)), as amended by
sections 9401(a), 9426(a), 9431, 9442, and 9466 of this
Act, is amended by inserting after paragraph (16) the fol-
lowing:
‘‘(17) AUTHORITY TO WITHHOLD OR SUSPEND
LICENSES.—Procedures under which the State has
(and uses in appropriate cases) authority (subject to
appropriate due process safeguards) to withhold or
suspend, or to restrict the use of driver’s licenses,
and professional and occupational licenses of individ-
uals owing overdue child support or failing, after re-
ceiving appropriate notice, to comply with subpoenas
or warrants relating to paternity or child support
proceedings.’’.
SEC. 9468. REPORTING ARREARAGES TO CREDIT BUREAUS.
Section 466(a)(7) (42 U.S.C. 666(a)(7)) is amended
to read as follows:
654
HR 2903 IH
‘‘(7) REPORTING ARREARAGES TO CREDIT BU-
REAUS.—(A) Procedures (subject to safeguards pur-
suant to subparagraph (B)) requiring the State to
report periodically to consumer reporting agencies
(as defined in section 603(f) of the Fair Credit Re-
porting Act (15 U.S.C. 1681a(f)) the name of any
absent parent who is delinquent by 90 days or more
in the payment of support, and the amount of over-
due support owed by such parent.
‘‘(B) Procedures ensuring that, in carrying out
subparagraph (A), information with respect to an
absent parent is reported—
‘‘(i) only after such parent has been af-
forded all due process required under State law,
including notice and a reasonable opportunity
to contest the accuracy of such information;
and
‘‘(ii) only to an entity that has furnished
evidence satisfactory to the State that the en-
tity is a consumer reporting agency.’’.
SEC. 9469. EXTENDED STATUTE OF LIMITATION FOR COL-
LECTION OF ARREARAGES.
(a) AMENDMENTS.—Section 466(a)(9) (42 U.S.C.
666(a)(9)) is amended—
655
HR 2903 IH
(1) by striking ‘‘(9) Procedures’’ and inserting
the following:
‘‘(9) LEGAL TREATMENT OF ARREARS.—
‘‘(A) FINALITY.—Procedures’’;
(2) by redesignating subparagraphs (A), (B),
and (C) as clauses (i), (ii), and (iii), respectively,
and by indenting each of such clauses 2 additional
ems to the right; and
(3) by adding after and below subparagraph
(A), as redesignated, the following new subpara-
graph:
‘‘(B) STATUTE
OF
LIMITATIONS.—Proce-
dures under which the statute of limitations on
any arrearages of child support extends at least
until the child owed such support is 30 years of
age.’’.
(b) APPLICATION OF REQUIREMENT.—The amend-
ment made by this section shall not be read to require
any State law to revive any payment obligation which had
lapsed prior to the effective date of such State law.
SEC. 9470. CHARGES FOR ARREARAGES.
(a) STATE LAW REQUIREMENT.—Section 466(a) (42
U.S.C. 666(a)), as amended by sections 9401(a), 9426(a),
9431, 9442, 9466, and 9467 of this Act, is amended by
inserting after paragraph (17) the following:
656
HR 2903 IH
‘‘(18) CHARGES
FOR
ARREARAGES.—Proce-
dures providing for the calculation and collection of
interest or penalties for arrearages of child support,
and for distribution of such interest or penalties col-
lected for the benefit of the child (except where the
right to support has been assigned to the State).’’.
(b) REGULATIONS.—The Secretary of Health and
Human Services shall establish by regulation a rule to re-
solve choice of law conflicts arising in the implementation
of the amendment made by subsection (a).
(c) CONFORMING AMENDMENT.—Section 454(21)
(42 U.S.C. 654(21)) is repealed.
(d) EFFECTIVE DATE.—The amendments made by
this section shall be effective with respect to arrearages
accruing on or after October 1, 1998.
SEC. 9471. DENIAL OF PASSPORTS FOR NONPAYMENT OF
CHILD SUPPORT.
(a) HHS CERTIFICATION PROCEDURE.—
(1) SECRETARIAL
RESPONSIBILITY.—Section
452 (42 U.S.C. 652), as amended by sections
9415(a)(3) and 9417 of this Act, is amended by
adding at the end the following new subsection:
‘‘(l) CERTIFICATIONS FOR PURPOSES OF PASSPORT
RESTRICTIONS.—
657
HR 2903 IH
‘‘(1) IN
GENERAL.—Where the Secretary re-
ceives a certification by a State agency in accord-
ance with the requirements of section 454(28) that
an individual owes arrearages of child support in an
amount exceeding $5,000 or in an amount exceeding
24 months’ worth of child support, the Secretary
shall transmit such certification to the Secretary of
State for action (with respect to denial, revocation,
or limitation of passports) pursuant to section
9471(b) of the Omnibus Budget Reconciliation Act
of 1995.
‘‘(2) LIMIT ON LIABILITY.—The Secretary shall
not be liable to an individual for any action with re-
spect to a certification by a State agency under this
section.’’.
(2) STATE CSE AGENCY RESPONSIBILITY.—Sec-
tion 454 (42 U.S.C. 654), as amended by sections
9404(a), 9414(b), and 9422(a) of this Act, is
amended—
(A) by striking ‘‘and’’ at the end of para-
graph (26);
(B) by striking the period at the end of
paragraph (27) and inserting ‘‘; and’’; and
(C) by adding after paragraph (27) the fol-
lowing new paragraph:
658
HR 2903 IH
‘‘(28) provide that the State agency will have in
effect a procedure (which may be combined with the
procedure for tax refund offset under section 464)
for certifying to the Secretary, for purposes of the
procedure under section 452(l) (concerning denial of
passports) determinations that individuals owe ar-
rearages of child support in an amount exceeding
$5,000 or in an amount exceeding 24 months’ worth
of child support, under which procedure—
‘‘(A) each individual concerned is afforded
notice of such determination and the con-
sequences thereof, and an opportunity to con-
test the determination; and
‘‘(B) the certification by the State agency
is furnished to the Secretary in such format,
and accompanied by such supporting docu-
mentation, as the Secretary may require.’’.
(b) STATE DEPARTMENT PROCEDURE FOR DENIAL
OF PASSPORTS.—
(1) IN
GENERAL.—The Secretary of State,
upon certification by the Secretary of Health and
Human Services, in accordance with section 452(l)
of the Social Security Act, that an individual owes
arrearages of child support in excess of $5,000, shall
refuse to issue a passport to such individual, and
659
HR 2903 IH
may revoke, restrict, or limit a passport issued pre-
viously to such individual.
(2) LIMIT
ON
LIABILITY.—The Secretary of
State shall not be liable to an individual for any ac-
tion with respect to a certification by a State agency
under this section.
(c) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall become effective October
1, 1996.
SEC. 9472. 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 sections 9404(a), 9414(b),
9422(a), and 9471(a)(2) 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
660
HR 2903 IH
(3) by inserting after paragraph (28) the fol-
lowing:
‘‘(29) provide that the State must treat inter-
national child support cases in the same manner as
the State treats interstate child support cases.’’.
SEC. 9473. SEIZURE OF LOTTERY WINNINGS, SETTLEMENTS,
PAYOUTS, AWARDS, AND BEQUESTS, AND
SALE OF FORFEITED PROPERTY, TO PAY
CHILD SUPPORT ARREARAGES.
Section 466(a) (42 U.S.C. 666(a)), as amended by
sections 9401(a), 9426(a), 9431, 9442, 9466, 9467, and
9470(a) of this Act, is amended by inserting after para-
graph (18) the following:
‘‘(19) Procedures, in addition to other income
withholding procedures, under which a lien is im-
posed against property with the following effect:
‘‘(A) 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
661
HR 2903 IH
‘‘(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 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.
‘‘(C) 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
662
HR 2903 IH
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.
‘‘(D) 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.’’.
663
HR 2903 IH
SEC. 9474. LIABILITY OF GRANDPARENTS FOR FINANCIAL
SUPPORT OF CHILDREN OF THEIR MINOR
CHILDREN.
Section 466(a) (42 U.S.C. 666(a)), as amended by
sections 9401(a), 9426(a), 9431, 9442, 9466, 9467,
9470(a), and 9473 of this Act, is amended by inserting
after paragraph (19) the following:
‘‘(20) Procedures under which each parent of
an individual who has not attained 18 years of age
is liable for the financial support of any child of the
individual to the extent that the individual is unable
to provide such support. The preceding sentence
shall not apply to the State if the State plan explic-
itly provides for such inapplicability.’’.
SEC. 9475. SENSE OF THE CONGRESS REGARDING PRO-
GRAMS FOR NONCUSTODIAL PARENTS UN-
ABLE TO MEET CHILD SUPPORT OBLIGA-
TIONS.
It is the sense of the Congress that the States should
develop programs, such as the program of the State of
Wisconsin known as the ‘‘Children’s First Program’’, that
are designed to work with noncustodial parents who are
unable to meet their child support obligations.
664
HR 2903 IH
CHAPTER 8—MEDICAL SUPPORT
SEC. 9481. TECHNICAL CORRECTION TO ERISA DEFINITION
OF MEDICAL CHILD SUPPORT ORDER.
(a) IN GENERAL.—Section 609(a)(2)(B) of the Em-
ployee Retirement Income Security Act of 1974 (29
U.S.C. 1169(a)(2)(B)) is amended—
(1) by striking ‘‘issued by a court of competent
jurisdiction’’;
(2) by striking the period at the end of clause
(ii) and inserting a comma; and
(3) by adding, after and below clause (ii), the
following:
‘‘if such judgment, decree, or order (I) is issued
by a court of competent jurisdiction or (II) is
issued by an administrative adjudicator and has
the force and effect of law under applicable
State law.’’.
(b) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by
this section shall take effect on the date of the en-
actment of this Act.
(2) PLAN AMENDMENTS NOT REQUIRED UNTIL
JANUARY 1, 1996.—Any amendment to a plan re-
quired to be made by an amendment made by this
section shall not be required to be made before the
665
HR 2903 IH
first plan year beginning on or after January 1,
1996, if—
(A) during the period after the date before
the date of the enactment of this Act and be-
fore such first plan year, the plan is operated
in accordance with the requirements of the
amendments made by this section, and
(B) such plan amendment applies retro-
actively to the period after the date before the
date of the enactment of this Act and before
such first plan year.
A plan shall not be treated as failing to be operated
in accordance with the provisions of the plan merely
because it operates in accordance with this para-
graph.
CHAPTER 9—FOOD STAMP PROGRAM
REQUIREMENTS
SEC. 9491. COOPERATION WITH CHILD SUPPORT AGENCIES.
Section 6 of the Food Stamp Act of 1977 (7 U.S.C.
2015) is amended adding at the end the following:
‘‘(i) CUSTODIAL
PARENT’S
COOPERATION
WITH
CHILD SUPPORT AGENCIES.—
‘‘(1) IN GENERAL.—At the option of a State
agency, subject to paragraphs (2) and (3), no natu-
ral or adoptive parent or other individual (collec-
666
HR 2903 IH
tively referred to in this subsection as ‘the individ-
ual’) who is living with and exercising parental con-
trol over a child under the age of 18 who has an ab-
sent parent shall be eligible to participate in the food
stamp program unless the individual cooperates with
the State agency administering the program estab-
lished under part D of title IV of the Social Security
Act (42 U.S.C. 651 et seq.)—
‘‘(A) in establishing the paternity of the
child (if the child is born out of wedlock); and
‘‘(B) in obtaining support for—
‘‘(i) the child; or
‘‘(ii) the individual and the child.
‘‘(2) GOOD
CAUSE
FOR
NONCOOPERATION.—
Paragraph (1) shall not apply to the individual if
good cause is found for refusing to cooperate, as de-
termined by the State agency in accordance with
standards prescribed by the Secretary in consulta-
tion with the Secretary of Health and Human Serv-
ices. The standards shall take into consideration cir-
cumstances under which cooperation may be against
the best interests of the child.
‘‘(3) FEES.—Paragraph (1) shall not require
the payment of a fee or other cost for services pro-
667
HR 2903 IH
vided under part D of title IV of the Social Security
Act (42 U.S.C. 651 et seq.).
‘‘(j) NON-CUSTODIAL PARENT’S COOPERATION WITH
CHILD SUPPORT AGENCIES.—
‘‘(1) IN GENERAL.—At the option of a State
agency, subject to paragraphs (2) and (3), a puta-
tive or identified non-custodial parent of a child
under the age of 18 (referred to in this subsection
as ‘the individual’) shall not be eligible to participate
in the food stamp program if the individual refuses
to cooperate with the State agency administering the
program established under part D of title IV of the
Social Security Act (42 U.S.C. 651 et seq.)—
‘‘(A) in establishing the paternity of the
child (if the child is born out of wedlock); and
‘‘(B) in providing support for the child.
‘‘(2) REFUSAL TO COOPERATE.—
‘‘(A) GUIDELINES.—The Secretary, in con-
sultation with the Secretary of Health and
Human Services, shall develop guidelines on
what constitutes a refusal to cooperate under
paragraph (1).
‘‘(B) PROCEDURES.—The State agency
shall develop procedures, using guidelines devel-
oped under subparagraph (A), for determining
668
HR 2903 IH
whether an individual is refusing to cooperate
under paragraph (1).
‘‘(3) FEES.—Paragraph (1) shall not require
the payment of a fee or other cost for services pro-
vided under part D of title IV of the Social Security
Act (42 U.S.C. 651 et seq.).
‘‘(4) PRIVACY.—The State agency shall provide
safeguards to restrict the use of information col-
lected by a State agency administering the program
established under part D of title IV of the Social Se-
curity Act (42 U.S.C. 651 et seq.) to purposes for
which the information is collected.’’.
SEC. 9492. DISQUALIFICATION FOR CHILD SUPPORT AR-
REARS.
Section 6 of the Food Stamp Act of 1977 (7 U.S.C.
2015), as amended by section 9491 of this Act, is amend-
ed by adding at the end the following:
‘‘(k) DISQUALIFICATION FOR CHILD SUPPORT AR-
REARS.—
‘‘(1) IN GENERAL.—At the option of a State
agency, except as provided in paragraph (2), no indi-
vidual shall be eligible to participate in the food
stamp program as a member of any household dur-
ing any month that the individual is delinquent in
669
HR 2903 IH
any payment due under a court order for the sup-
port of a child of the individual.
‘‘(2) EXCEPTIONS.—Paragraph (1) shall not
apply if—
‘‘(A) a court is allowing the individual to
delay payment; or
‘‘(B) the individual is complying with a
payment plan approved by a court or the State
agency designated under part D of title IV of
the Social Security Act (42 U.S.C. 651 et seq.)
to provide support for the child of the individ-
ual.’’.
CHAPTER 10—EFFECT OF ENACTMENT
SEC. 9498. EFFECTIVE DATES.
(a) IN GENERAL.—Except as otherwise specifically
provided (but subject to subsections (b) and (c))—
(1) provisions of this title requiring enactment
or amendment of State laws under section 466 of
the Social Security Act, or revision of State plans
under section 454 of such Act, shall be effective with
respect to periods beginning on and after October 1,
1996; and
(2) all other provisions of this title shall become
effective upon enactment.
670
HR 2903 IH
(b) GRACE PERIOD FOR STATE LAW CHANGES.—The
provisions of this title shall become effective with respect
to a State on the later of—
(1) the date specified in this title, or
(2) the effective date of laws enacted by the leg-
islature of such State implementing such provisions,
but in no event later than the first day of the first cal-
endar quarter beginning after the close of the first regular
session of the State legislature that begins after the date
of enactment of this Act. For purposes of the previous
sentence, in the case of a State that has a 2-year legisla-
tive session, each year of such session shall be deemed to
be a separate regular session of the State legislature.
(c) GRACE PERIOD
FOR STATE CONSTITUTIONAL
AMENDMENT.—A State shall not be found out of compli-
ance with any requirement enacted by this title if it is
unable to comply without amending the State constitution
until the earlier of—
(1) the date one year after the effective date of
the necessary State constitutional amendment, or
(2) the date five years after enactment of this
title.
SEC. 9499. SEVERABILITY.
If any provision of this title or the application thereof
to any person or circumstance is held invalid, the invalid-
671
HR 2903 IH
ity shall not affect other provisions or applications of this
title which can be given effect without regard to the invalid
provision or application, and to this end the provisions of
this title shall be severable.
Subtitle E—Teen Pregnancy and
Family Stability
SEC. 9501. STATE OPTION TO DENY TEMPORARY EMPLOY-
MENT ASSISTANCE FOR ADDITIONAL CHIL-
DREN.
(a) IN GENERAL.—Section 402(d)(1), as added by
section 9101(a) of this Act, is amended—
(1) by striking ‘‘(1) DETERMINATION
OF
NEED.—’’ and inserting the following:
‘‘(1) DETERMINATION OF NEED.—
‘‘(A) IN GENERAL.—’’; and
(2) by adding at the end the following:
‘‘(B) OPTIONAL
DENIAL
OF
ASSISTANCE
TO
FAMILIES
HAVING
ADDITIONAL
CHILDREN
WHILE RECEIVING ASSISTANCE.—At the option
of the State, the State plan may provide that—
‘‘(i)(I) a child shall not be considered
a needy child if the child is born (other
than as a result of rape or incest) to a
member of a family—
672
HR 2903 IH
‘‘(aa) while the family was a re-
cipient of assistance under the State
plan; or
‘‘(bb) during the 6-month period
ending with the date the family ap-
plied for such assistance; and
‘‘(II) if the value of assistance to a
family under the State plan approved
under this part is reduced by reason of
subclause (I), each member of the family
shall be considered to be receiving such as-
sistance for purposes of eligibility for medi-
cal assistance under the State plan ap-
proved under title XIX for so long as as-
sistance to the family under the State plan
approved under this part would otherwise
not be so reduced; and
‘‘(ii) if the State exercises the option,
the State may provide the family with
vouchers, in amounts not exceeding the
amount of any such reduction in assist-
ance, that may be used only to pay for
particular goods and services specified by
the State as suitable for the care of the
673
HR 2903 IH
child of the parent (such as diapers, cloth-
ing, or school supplies).’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) of this section shall take effect in the same
manner as the amendment made by section 9101(a) takes
effect.
SEC. 9502. SUPERVISED LIVING ARRANGEMENTS FOR MI-
NORS.
(a) IN GENERAL.—Section 402(c), as added by sec-
tion 9101(a) of this Act, is amended by adding at the end
the following:
‘‘(8) SUPERVISED LIVING ARRANGEMENTS FOR
MINORS.—The State plan shall provide that—
‘‘(A) except as provided in subparagraph
(B), in the case of any individual who is under
age 18 and has never married, and who has a
needy child in his or her care (or is pregnant
and is eligible for temporary employment assist-
ance under the State plan)—
‘‘(i) such individual may receive such
assistance for the individual and such child
(or for herself in the case of a pregnant
woman) only if such individual and child
(or such pregnant woman) reside in a
place of residence maintained by a parent,
674
HR 2903 IH
legal guardian, or other adult relative of
such individual as such parent’s, guard-
ian’s, or adult relative’s own home; and
‘‘(ii) such assistance (where possible)
shall be provided to the parent, legal
guardian, or other adult relative on behalf
of such individual and child; and
‘‘(B)(i) in the case of an individual de-
scribed in clause (ii)—
‘‘(I) the State agency shall assist such
individual in locating an appropriate adult-
supervised supportive living arrangement
taking into consideration the needs and
concerns of the individual, unless the State
agency determines that the individual’s
current living arrangement is appropriate,
and thereafter shall require that the indi-
vidual (and child, if any) reside in such liv-
ing arrangement as a condition of the con-
tinued receipt of assistance under the plan
(or in an alternative appropriate arrange-
ment, should circumstances change and the
current arrangement cease to be appro-
priate), or
675
HR 2903 IH
‘‘(II) if the State agency is unable,
after making diligent efforts, to locate any
such appropriate living arrangement, the
State agency shall provide for comprehen-
sive case management, monitoring, and
other social services consistent with the
best interests of the individual (and child)
while living independently (as determined
by the State agency); and
‘‘(ii) for purposes of clause (i), an individ-
ual is described in this clause if—
‘‘(I) such individual has no parent or
legal guardian of his or her own who is liv-
ing and whose whereabouts are known;
‘‘(II) no living parent or legal guard-
ian of such individual allows the individual
to live in the home of such parent or
guardian;
‘‘(III) the State agency determines
that the physical or emotional health of
such individual or any needy child of the
individual would be jeopardized if such in-
dividual and such needy child lived in the
same residence with such individual’s own
parent or legal guardian; or
676
HR 2903 IH
‘‘(IV) the State agency otherwise de-
termines (in accordance with regulations
issued by the Secretary) that it is in the
best interest of the needy child to waive
the requirement of subparagraph (A) with
respect to such individual.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) of this section shall take effect in the same
manner as the amendment made by section 9101(a) takes
effect.
SEC. 9503. NATIONAL CLEARINGHOUSE ON ADOLESCENT
PREGNANCY.
(a) IN GENERAL.—Title XX (42 U.S.C. 1397–
1397f), as amended by section 9205(b) of this Act, is
amended by adding at the end the following:
‘‘SEC. 2010. NATIONAL CLEARINGHOUSE ON ADOLESCENT
PREGNANCY.
‘‘(a) NATIONAL CLEARINGHOUSE ON ADOLESCENT
PREGNANCY.—
‘‘(1) ESTABLISHMENT.—The responsible Fed-
eral officials shall establish, through grant or con-
tract, a national center for the collection and provi-
sion of programmatic information and technical as-
sistance that relates to adolescent pregnancy preven-
tion programs, to be known as the ‘National Clear-
677
HR 2903 IH
inghouse on Adolescent Pregnancy Prevention Pro-
grams’.
‘‘(2) FUNCTIONS.—The national center estab-
lished under paragraph (1) shall serve as a national
information and data clearinghouse, and as a train-
ing, technical assistance, and material development
source for adolescent pregnancy prevention pro-
grams. Such center shall—
‘‘(A) develop and maintain a system for
disseminating information on all types of ado-
lescent pregnancy prevention programs and on
the state of adolescent pregnancy prevention
program development, including information
concerning the most effective model programs;
‘‘(B) develop and sponsor a variety of
training institutes and curricula for adolescent
pregnancy prevention program staff;
‘‘(C) identify model programs representing
the various types of adolescent pregnancy pre-
vention programs;
‘‘(D) develop technical assistance materials
and activities to assist other entities in estab-
lishing and improving adolescent pregnancy
prevention programs;
678
HR 2903 IH
‘‘(E) develop networks of adolescent preg-
nancy prevention programs for the purpose of
sharing and disseminating information; and
‘‘(F) conduct such other activities as the
responsible Federal officials find will assist in
developing and carrying out programs or activi-
ties to reduce adolescent pregnancy.
‘‘(b) FUNDING.—The responsible Federal officials
shall make grants to eligible entities for the establishment
and operation of a National Clearinghouse on Adolescent
Pregnancy Prevention Programs under subsection (a) so
that in the aggregate the expenditures for such grants do
not exceed $2,000,000 for fiscal year 1996, $4,000,000
for fiscal year 1997, $8,000,000 for fiscal year 1998, and
$10,000,000 for fiscal year 1999 and each subsequent fis-
cal year.
‘‘(c) DEFINITIONS.—As used in this section:
‘‘(1) ADOLESCENTS.—The term ‘adolescents’
means youth who are ages 10 through 19.
‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means a partnership that includes—
‘‘(A) a local education agency, acting on
behalf of one or more schools, together with
679
HR 2903 IH
‘‘(B) one or more community-based organi-
zations, institutions of higher education, or
public or private agencies or organizations.
‘‘(3) ELIGIBLE AREA.—The term ‘eligible area’
means a school attendance area in which—
‘‘(A) at least 75 percent of the children are
from low-income families as that term is used
in part A of title I of the Elementary and Sec-
ondary Education Act of 1965; or
‘‘(B) the number of children receiving as-
sistance under a State plan approved under
part A of title IV of this Act is substantial as
determined by the responsible Federal officials;
or
‘‘(C) the unmarried adolescent birth rate is
high, as determined by the responsible Federal
officials.
‘‘(4) SCHOOL.—The term ‘school’ means a pub-
lic elementary, middle, or secondary school.
‘‘(5) RESPONSIBLE FEDERAL OFFICIALS.—The
term ‘responsible Federal officials’ means the Sec-
retary of Education, the Secretary of Health and
Human Services, and the Chief Executive Officer of
the Corporation for National and Community Serv-
ice.’’.
680
HR 2903 IH
(b) EFFECTIVE DATE.—The amendment made by
this section shall become effective January 1, 1996.
SEC. 9504. REQUIRED COMPLETION OF HIGH SCHOOL OR
OTHER TRAINING FOR TEENAGE PARENTS.
(a) IN GENERAL.—Section 403(b)(1)(D), as added
by section 9101(a) of this Act, is amended—
(1) by inserting ‘‘(i)’’ after ‘‘(D)’’; and
(2) by adding at the end the following:
‘‘(ii) in the case of a client who is a custo-
dial parent who is under age 18 (or age 19, at
the option of the State), has not successfully
completed a high-school education (or its equiv-
alent), and is required to participate in the
Work First program (including an individual
who would otherwise be exempt from participa-
tion in the program), shall provide that—
‘‘(I) such parent participate in—
‘‘(aa) educational activities di-
rected toward the attainment of a
high school diploma or its equivalent
on a full-time (as defined by the edu-
cational provider) basis; or
‘‘(bb) an alternative educational
or training program on a full-time (as
defined by the provider) basis; and
681
HR 2903 IH
‘‘(II) child care be provided in accord-
ance with section 2009 with respect to the
family.’’.
(b) STATE OPTION TO PROVIDE ADDITIONAL INCEN-
TIVES AND PENALTIES TO ENCOURAGE TEEN PARENTS
TO COMPLETE HIGH SCHOOL
AND PARTICIPATE
IN
PARENTING ACTIVITIES.—
(1) STATE
PLAN.—Section 403(b)(1)(D), as
amended by subsection (a) of this section, is amend-
ed by adding at the end the following:
‘‘(iii) at the option of the State, may pro-
vide that the client who is a custodial parent or
pregnant woman who is under age 19 (or age
21, at the option of the State) participate in a
program of monetary incentives and penalties
which—
‘‘(I) may, at the option of the State,
require full-time participation by such cus-
todial parent or pregnant woman in sec-
ondary school or equivalent educational ac-
tivities, or participation in a course or pro-
gram leading to a skills certificate found
appropriate by the State agency or
parenting education activities (or any com-
682
HR 2903 IH
bination of such activities and secondary
education);
‘‘(II) shall require that the needs of
such custodial parent or pregnant woman
be reviewed and the program assure that,
either in the initial development or revision
of such individual’s individual responsibil-
ity plan, there will be included a descrip-
tion of the services that will be provided to
the client and the way in which the pro-
gram and service providers will coordinate
with the educational or skills training ac-
tivities in which the client is participating;
‘‘(III) shall provide monetary incen-
tives (to be treated as assistance under the
State plan) for more than minimally ac-
ceptable performance of required edu-
cational activities;
‘‘(IV) shall provide penalties (which
may be those required by subsection (e) or,
with the approval of the Secretary, other
monetary penalties that the State finds will
better achieve the objectives of the pro-
gram) for less than minimally acceptable
performance of required activities;
683
HR 2903 IH
‘‘(V) shall provide that when a mone-
tary incentive is payable because of the
more than minimally acceptable perform-
ance of required educational activities by a
custodial parent, the incentive be paid di-
rectly to such parent, regardless of wheth-
er the State agency makes payment of as-
sistance under the State plan directly to
such parent; and
‘‘(VI) for purposes of any other Fed-
eral or federally-assisted program based on
need, shall not consider any monetary in-
centive paid under the State plan as in-
come in determining a family’s eligibility
for or amount of benefits under such pro-
gram, and if assistance is reduced by rea-
son of a penalty under this clause, such
other program shall treat the family in-
volved as if no such penalty has been ap-
plied.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect in the same manner as the
amendment made by section 9101(a) takes effect.
684
HR 2903 IH
SEC. 9505. DENIAL OF FEDERAL HOUSING BENEFITS TO MI-
NORS WHO BEAR CHILDREN OUT-OF-WED-
LOCK.
(a) PROHIBITION OF ASSISTANCE.—Notwithstanding
any other provision of law, a household whose head of
household is an individual who has borne a child out-of-
wedlock before attaining 18 years of age may not be pro-
vided Federal housing assistance for a dwelling unit until
attaining such age, unless—
(1) after the birth of the child—
(A) the individual marries an individual
who has been determined by the relevant State
to be the biological father of the child; or
(B) the biological parent of the child has
legal custody of the child and marries an indi-
vidual who legally adopts the child;
(2) the individual is a biological and custodial
parent of another child who was not born out-of-
wedlock; or
(3) eligibility for such Federal housing assist-
ance is based in whole or in part on any disability
or handicap of a member of the household.
(4) the state deems it necessary.
(b) DEFINITIONS.—For purposes of this section, the
following definitions shall apply:
685
HR 2903 IH
(1) COVERED
PROGRAM.—The term ‘‘covered
program’’ means—
(A) the program of rental assistance on be-
half of low-income families provided under sec-
tion 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f);
(B) the public housing program under title
I of the United States Housing Act of 1937 (42
U.S.C. 1437 et seq.);
(C) the program of rent supplement pay-
ments on behalf of qualified tenants pursuant
to contracts entered into under section 101 of
the Housing and Urban Development Act of
1965 (12 U.S.C. 1701s);
(D) the program of interest reduction pay-
ments pursuant to contracts entered into by the
Secretary of Housing and Urban Development
under section 236 of the National Housing Act
(12 U.S.C. 1715z–1);
(E) the program for mortgage insurance
provided pursuant to sections 221(d) (3) or (4)
of the National Housing Act (12 U.S.C.
1715l(d)) for multifamily housing for low- and
moderate-income families;
686
HR 2903 IH
(F) the rural housing loan program under
section 502 of the Housing Act of 1949 (42
U.S.C. 1472);
(G) the rural housing loan guarantee pro-
gram under section 502(h) of the Housing Act
of 1949 (42 U.S.C. 1472(h));
(H) the loan and grant programs under
section 504 of the Housing Act of 1949 (42
U.S.C. 1474) for repairs and improvements to
rural dwellings;
(I) the program of loans for rental and co-
operative rural housing under section 515 of
the Housing Act of 1949 (42 U.S.C. 1485);
(J) the program of rental assistance pay-
ments pursuant to contracts entered into under
section 521(a)(2)(A) of the Housing Act of
1949 (42 U.S.C. 1490a(a)(2)(A));
(K) the loan and assistance programs
under sections 514 and 516 of the Housing Act
of 1949 (42 U.S.C. 1484, 1486) for housing for
farm labor;
(L) the program of grants and loans for
mutual and self-help housing and technical as-
sistance under section 523 of the Housing Act
of 1949 (42 U.S.C. 1490c);
687
HR 2903 IH
(M) the program of grants for preservation
and rehabilitation of housing under section 533
of the Housing Act of 1949 (42 U.S.C.
1490m); and
(N) the program of site loans under sec-
tion 524 of the Housing Act of 1949 (42
U.S.C. 1490d).
(2) COVERED
PROJECT.—The term ‘‘covered
project’’ means any housing for which Federal hous-
ing assistance is provided that is attached to the
project or specific dwelling units in the project.
(3) FEDERAL HOUSING ASSISTANCE.—The term
‘‘Federal housing assistance’’ means—
(A) assistance provided under a covered
program in the form of any contract, grant,
loan, subsidy, cooperative agreement, loan or
mortgage guarantee or insurance, or other fi-
nancial assistance; or
(B) occupancy in a dwelling unit that is—
(i) provided assistance under a cov-
ered program; or
(ii) located in a covered project and
subject to occupancy limitations under a
covered program that are based on income.
688
HR 2903 IH
(4) STATE.—The term ‘‘State’’ means the
States of the United States, the District of Colum-
bia, the Commonwealth of Puerto Rico, the Com-
monwealth of the Northern Mariana Islands, Guam,
the Virgin Islands, American Samoa, and any other
territory or possession of the United States.
(c) LIMITATIONS
ON APPLICABILITY.—Subsection
(a) shall not apply to Federal housing assistance provided
for a household pursuant to an application or request for
such assistance made by such household before the effec-
tive date of this Act if the household was receiving such
assistance on the effective date of this Act.
SEC. 9506. STATE OPTION TO DENY TEMPORARY EMPLOY-
MENT ASSISTANCE TO MINOR PARENTS.
(a) IN GENERAL.—Section 402(d)(1), as added by
section 9101(a) of this Act and as amended by section
9501(a) of this Act, is amended by adding at the end the
following:
‘‘(C) OPTIONAL
DENIAL
OF
ASSISTANCE
TO
MINOR
PARENTS.—At the option of the
State, the State plan may provide that—
‘‘(i)(I) in determining the need of a
family, the State may disregard the needs
of any family member who is a parent and
689
HR 2903 IH
has not attained 18 years of age or such
lesser age as the State may prescribe; and
‘‘(II) if the value of the assistance
provided to a family under the State plan
approved under this part is reduced by
reason of subclause (I), each member of
the family shall be considered to be receiv-
ing such assistance for purposes of eligi-
bility for medical assistance under the
State plan approved under title XIX for so
long as such assistance under the State
plan approved under this part would other-
wise not be so reduced; and
‘‘(ii) if the State exercises the option, the
State may provide the family with vouchers, in
amounts not exceeding the value of any such re-
duction in assistance, that may be used only to
pay for—
‘‘(I) particular goods and services
specified by the State as suitable for the
care of the child of the parent (such as
diapers, clothing, or cribs); and
‘‘(II) the costs associated with a ma-
ternity home, foster home, or other adult-
690
HR 2903 IH
supervised supportive living arrangement
in which the parent and the child live.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect in the same manner in
which the amendment made by section 9101(a) takes ef-
fect.
Subtitle F—SSI Reform
SEC. 9601. DEFINITION AND ELIGIBILITY RULES.
(a) DEFINITION OF CHILDHOOD DISABILITY.—Sec-
tion 1614(a)(3) (42 U.S.C. 1382c(a)(3)) is amended—
(1) in subparagraph (A), by striking ‘‘An indi-
vidual’’ and inserting ‘‘Except as provided in sub-
paragraph (C), an individual’’;
(2) in subparagraph (A), by striking ‘‘(or, in
the case of an individual under the age of 18, if he
suffers from any medically determinable physical or
mental impairment of comparable severity)’’;
(3) by redesignating subparagraphs (C) through
(H) as subparagraphs (D) through (I), respectively;
(4) by inserting after subparagraph (B) the fol-
lowing new subparagraph:
‘‘(C) An individual under the age of 18 shall be con-
sidered disabled for the purposes of this title if that indi-
vidual has a medically determinable physical or mental im-
pairment, which results in marked and severe functional
691
HR 2903 IH
limitations, and which can be expected to result in death
or which has lasted or can be expected to last for a contin-
uous period of not less than 12 months.’’; and
(5) in subparagraph (F), as so redesignated by
paragraph (3) of this subsection, by striking ‘‘(D)’’
and inserting ‘‘(E)’’.
(b) CHANGES TO CHILDHOOD SSI REGULATIONS.—
(1) MODIFICATION TO MEDICAL CRITERIA FOR
EVALUATION
OF
MENTAL
AND
EMOTIONAL
DIS-
ORDERS.—The Commissioner of Social Security
shall 
modify 
sections 
112.00C.2. 
and
112.02B.2.c.(2) of appendix 1 to subpart P of part
404 of title 20, Code of Federal Regulations, to
eliminate references to maladaptive behavior in the
domain of personal/behavorial function.
(2) 
DISCONTINUANCE
OF
INDIVIDUALIZED
FUNCTIONAL
ASSESSMENT.—The Commissioner of
Social Security shall discontinue the individualized
functional assessment for children set forth in sec-
tions 416.924d and 416.924e of title 20, Code of
Federal Regulations.
(c) EFFECTIVE DATE; REGULATIONS; APPLICATION
TO CURRENT RECIPIENTS.—
(1) IN GENERAL.—The amendments made by
subsections (a) and (b) shall apply to applicants for
692
HR 2903 IH
benefits for months beginning on or after January
1, 1997.
(2) REGULATIONS.—The Commissioner of So-
cial Security shall issue such regulations as the
Commissioner determines to be necessary to imple-
ment the amendments made by subsections (a) and
(b), not later than January 1, 1997.
(3) APPLICATION TO CURRENT RECIPIENTS.—
(A) ELIGIBILITY
DETERMINATIONS.—Be-
ginning on January 1, 1997, and ending not
later than January 1, 1998, the Commissioner
of Social Security shall redetermine the eligi-
bility of any individual under age 18 who is re-
ceiving supplemental security income benefits
based on a disability under title XVI of the So-
cial Security Act as of the date of the enact-
ment of this Act and whose eligibility for such
benefits may terminate by reason of the amend-
ments made by subsection (a) or (b). With re-
spect to any redetermination under this sub-
paragraph—
(i) section 1614(a)(4) of the Social
Security Act (42 U.S.C. 1382c(a)(4)) shall
not apply;
693
HR 2903 IH
(ii) the Commissioner of Social Secu-
rity shall apply the eligibility criteria for
new applicants for benefits under title XVI
of such Act;
(iii) the Commissioner shall give such
redetermination priority over all continuing
eligibility reviews and other reviews under
such title; and
(iv) such redetermination shall be
counted as a review or redetermination
otherwise required to be made under sec-
tion 208 of the Social Security Independ-
ence and Program Improvements Act of
1994 or any other provision of title XVI of
the Social Security Act.
(B) NOTICE.—Not later than 90 days
after the date of the enactment of this Act, the
Commissioner of Social Security shall notify an
individual described in subparagraph (A) of the
provisions of this paragraph.
SEC. 9602. ELIGIBILITY REDETERMINATIONS AND CON-
TINUING DISABILITY REVIEWS.
(a) CONTINUING DISABILITY REVIEWS RELATING TO
CERTAIN CHILDREN.—Section 1614(a)(3)(H) (42 U.S.C.
694
HR 2903 IH
1382c(a)(3)(H)), as so redesignated by section 9601(a)(3)
of this Act, is amended—
(1) by inserting ‘‘(i)’’ after ‘‘(H)’’; and
(2) by adding at the end the following new
clause:
‘‘(ii)(I) Not less frequently than once every 3 years,
the Commissioner shall review in accordance with para-
graph (4) the continued eligibility for benefits under this
title of each individual who has not attained 18 years of
age and is eligible for such benefits by reason of an im-
pairment (or combination of impairments) which may im-
prove (or, which is unlikely to improve, at the option of
the Commissioner).
‘‘(II) A parent or guardian of a recipient whose case
is reviewed under this clause shall present, at the time
of review, evidence demonstrating that the recipient is,
and has been, receiving treatment, to the extent consid-
ered medically necessary and available, of the condition
which was the basis for providing benefits under this
title.’’.
(b) DISABILITY ELIGIBILITY REDETERMINATIONS
REQUIRED FOR SSI RECIPIENTS WHO ATTAIN 18 YEARS
OF AGE.—
(1) IN GENERAL.—Section 1614(a)(3)(H) (42
U.S.C. 1382c(a)(3)(H)), as so redesignated by sec-
695
HR 2903 IH
tion 9601(a)(3) of this Act and as amended by sub-
section (a) of this section, is amended by adding at
the end the following new clause:
‘‘(iii) If an individual is eligible for benefits under this
title by reason of disability for the month preceding the
month in which the individual attains the age of 18 years,
the Commissioner shall redetermine such eligibility—
‘‘(I) during the 1-year period beginning on the
individual’s 18th birthday; and
‘‘(II) by applying the criteria used in determin-
ing the initial eligibility for applicants who have at-
tained the age of 18 years.
With respect to a redetermination under this clause, para-
graph (4) shall not apply and such redetermination shall
be considered a substitute for a review or redetermination
otherwise required under any other provision of this sub-
paragraph during that 1-year period.’’.
(2) CONFORMING REPEAL.—Section 207 of the
Social Security Independence and Program Improve-
ments Act of 1994 (42 U.S.C. 1382 note; 108 Stat.
1516) is hereby repealed.
(c) CONTINUING DISABILITY REVIEW REQUIRED FOR
LOW BIRTH WEIGHT BABIES.—Section 1614(a)(3)(H)
(42 U.S.C. 1382c(a)(3)(H)), as so redesignated by section
9601(a)(3) of this Act and as amended by subsections (a)
696
HR 2903 IH
and (b) of this section, is amended by adding at the end
the following new clause:
‘‘(iv)(I) Not later than 12 months after the birth of
an individual, the Commissioner shall review in accordance
with paragraph (4) the continuing eligibility for benefits
under this title by reason of disability of such individual
whose low birth weight is a contributing factor material
to the Commissioner’s determination that the individual
is disabled.
‘‘(II) A review under subclause (I) shall be considered
a substitute for a review otherwise required under any
other provision of this subparagraph during that 12-
month period.
‘‘(III) A parent or guardian of a recipient whose case
is reviewed under this clause shall present, at the time
of review, evidence demonstrating that the recipient is,
and has been, receiving treatment, to the extent consid-
ered medically necessary and available, of the condition
which was the basis for providing benefits under this
title.’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall apply to benefits for months beginning
on or after the date of the enactment of this Act, without
regard to whether regulations have been issued to imple-
ment such amendments.
697
HR 2903 IH
SEC. 9603. ADDITIONAL ACCOUNTABILITY REQUIREMENTS.
(a) TIGHTENING OF REPRESENTATIVE PAYEE RE-
QUIREMENTS.—
(1) 
CLARIFICATION
OF
ROLE.—Section
1631(a)(2)(B)(ii) (42 U.S.C. 1383(a)(2)(B)(ii)) is
amended by striking ‘‘and’’ at the end of subclause
(II), by striking the period at the end of subclause
(IV) and inserting ‘‘; and’’, and by adding after
subclause (IV) the following new subclause:
‘‘(V) advise such person through the notice of
award of benefits, and at such other times as the
Commissioner of Social Security deems appropriate,
of specific examples of appropriate expenditures of
benefits under this title and the proper role of a rep-
resentative payee.’’.
(2) DOCUMENTATION
OF
EXPENDITURES
RE-
QUIRED.—
(A) IN GENERAL.—Subparagraph (C)(i) of
section 1631(a)(2) (42 U.S.C. 1383(a)(2)) is
amended to read as follows:
‘‘(C)(i) In any case where payment is made to a rep-
resentative payee of an individual or spouse, the Commis-
sioner of Social Security shall—
‘‘(I) require such representative payee to docu-
ment 
expenditures 
and 
keep 
contemporaneous
698
HR 2903 IH
records of transactions made using such payment;
and
‘‘(II) implement statistically valid procedures
for reviewing a sample of such contemporaneous
records in order to identify instances in which such
representative payee is not properly using such pay-
ment.’’.
(B) CONFORMING AMENDMENT WITH RE-
SPECT TO PARENT PAYEES.—Clause (ii) of sec-
tion 1631(a)(2)(C) (42 U.S.C. 1383(a)(2)(C))
is amended by striking ‘‘Clause (i)’’ and insert-
ing ‘‘Subclauses (II) and (III) of clause (i)’’.
(3) EFFECTIVE DATE.—The amendments made
by this subsection shall apply to benefits paid after
the date of the enactment of this Act.
(b) DEDICATED SAVINGS ACCOUNTS.—
(1) IN GENERAL.—Section 1631(a)(2)(B) (42
U.S.C. 1383(a)(2)(B)) is amended by adding at the
end the following:
‘‘(xiv) Notwithstanding clause (x), the Commissioner
of Social Security may, at the request of the representative
payee, pay any lump sum payment for the benefit of a
child into a dedicated savings account that could only be
used to purchase for such child—
‘‘(I) education and job skills training;
699
HR 2903 IH
‘‘(II) special equipment or housing modifica-
tions or both specifically related to, and required by
the nature of, the child’s disability; and
‘‘(III) appropriate therapy and rehabilitation.’’.
(2) DISREGARD
OF
TRUST
FUNDS.—Section
1613(a) (42 U.S.C. 1382b(a)) is amended—
(A) by striking ‘‘and’’ at the end of para-
graph (10),
(B) by striking the period at the end of
paragraph (11) and inserting ‘‘; and’’, and
(C) by inserting after paragraph (11) the
following:
‘‘(12) all amounts deposited in, or interest cred-
ited to, a dedicated savings account described in sec-
tion 1631(a)(2)(B)(xiv).’’.
(3) EFFECTIVE DATE.—The amendments made
by this subsection shall apply to payments made
after the date of the enactment of this Act.
SEC. 9604. DENIAL OF SSI BENEFITS BY REASON OF DIS-
ABILITY TO DRUG ADDICTS AND ALCOHOL-
ICS.
(a) IN GENERAL.—Section 1614(a)(3) (42 U.S.C.
1382c(a)(3)), as amended by section 9601(a)(3) of this
Act, is amended by adding at the end the following:
700
HR 2903 IH
‘‘(J) Notwithstanding subparagraph (A), an individ-
ual shall not be considered to be disabled for purposes of
this title if alcoholism or drug addiction would (but for
this subparagraph) be a contributing factor material to
the Commissioner’s determination that the individual is
disabled.’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 1611(e) (42 U.S.C. 1382(e)) is
amended by striking paragraph (3).
(2) 
Section 
1613(a)(12) 
(42 
U.S.C.
1382b(a)(12)) 
is 
amended 
by 
striking
‘‘1631(a)(2)(B)(xiv)’’ 
and 
inserting
‘‘1631(a)(2)(B)(xiii)’’.
(3) 
Section 
1631(a)(2)(A)(ii) 
(42 
U.S.C.
1383(a)(2)(A)(ii)) is amended—
(A) by striking ‘‘(I)’’; and
(B) by striking subclause (II).
(4) 
Section 
1631(a)(2)(B) 
(42 
U.S.C.
1383(a)(2)(B)) is amended—
(A) by striking clause (vii);
(B) in clause (viii), by striking ‘‘(ix)’’ and
inserting ‘‘(viii)’’;
(C) in clause (ix)—
(i) by striking ‘‘(viii)’’ and inserting
‘‘(vii)’’; and
701
HR 2903 IH
(ii) in subclause (II), by striking all
that follows ‘‘15 years’’ and inserting a pe-
riod;
(D) in clause (xiii)—
(i) by striking ‘‘(xii)’’ and inserting
‘‘(xi)’’; and
(ii) by striking ‘‘(xi)’’ and inserting
‘‘(x)’’;
(E) in clause (xiv) (as added by section
9603(b)(1) of this Act), by striking ‘‘(x)’’ and
inserting ‘‘(ix)’’; and
(F) by redesignating clauses (viii) through
(xiv) as clauses (vii) through (xiii), respectively.
(5) Section 1631(a)(2)(D)(i)(II) (42 U.S.C.
1383(a)(2)(D)(i)(II)) is amended by striking all that
follows ‘‘$25.00 per month’’ and inserting a period.
(6) Section 1634 (42 U.S.C. 1383c) is amended
by striking subsection (e).
(7) Section 201(c)(1) of the Social Security
Independence and Program Improvements Act of
1994 (42 U.S.C. 425 note) is amended—
(A) by striking ‘‘—’’ and all that follows
through ‘‘(A)’’ the 1st place such term appears;
(B) by striking ‘‘and’’ the 3rd place such
term appears;
702
HR 2903 IH
(C) by striking subparagraph (B);
(D) by striking ‘‘either subparagraph (A)
or subparagraph (B)’’ and inserting ‘‘the pre-
ceding sentence’’; and
(E) by striking ‘‘subparagraph (A) or (B)’’
and inserting ‘‘the preceding sentence’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect on October 1, 1995, and shall
apply with respect to months beginning on or after such
date.
(d) FUNDING OF CERTAIN PROGRAMS FOR DRUG
ADDICTS AND ALCOHOLICS.—Out of any money in the
Treasury of the United States not otherwise appropriated,
the Secretary of the Treasury shall pay to the Director
of the National Institute on Drug Abuse—
(1) $95,000,000, for each of fiscal years 1997,
1998, 1999, and 2000, for expenditure through the
Federal Capacity Expansion Program to expand the
availability of drug treatment; and
(2) $5,000,000 for each of fiscal years 1997,
1998, 1999, and 2000 to be expended solely on the
medication development project to improve drug
abuse and drug treatment research.
703
HR 2903 IH
SEC. 9605. DENIAL OF SSI BENEFITS FOR 10 YEARS TO INDI-
VIDUALS FOUND TO HAVE FRAUDULENTLY
MISREPRESENTED RESIDENCE IN ORDER TO
OBTAIN BENEFITS SIMULTANEOUSLY IN 2 OR
MORE STATES.
Section 1614(a) (42 U.S.C. 1382c(a)) is amended by
adding at the end the following:
‘‘(5) An individual shall not be considered an eligible
individual for purposes of this title during the 10-year pe-
riod beginning on the date the individual is found by a
State to have made, or is convicted in Federal or State
court of having made, a fraudulent statement or represen-
tation with respect to the place of residence of the individ-
ual in order to receive benefits simultaneously from 2 or
more States under programs that are funded under part
A of title IV, or title XIX of this Act, the consolidated
program of food assistance under chapter 2 of subtitle E
of title XIV of the Omnibus Budget Reconciliation Act of
1995, or the Food Stamp Act of 1977 (as in effect before
the effective date of such chapter), or benefits in 2 or more
States under the supplemental security income program
under title XVI of this Act.’’.
704
HR 2903 IH
SEC. 9606. DENIAL OF SSI BENEFITS FOR FUGITIVE FELONS
AND PROBATION AND PAROLE VIOLATORS.
(a) IN
GENERAL.—Section 1611(e) (42 U.S.C.
1382(e)), as amended by section 9604(b)(1) of this Act,
is amended by inserting after paragraph (2) the following:
‘‘(3) A person shall not be an eligible individual
or eligible spouse for purposes of this title with re-
spect to any month if, throughout the month, the
person is—
‘‘(A) fleeing to avoid prosecution, or cus-
tody or confinement after conviction, under the
laws of the place from which the person flees,
for a crime, or an attempt to commit a crime,
which is a felony under the laws of the place
from which the person flees, or which, in the
case of the State of New Jersey, is a high mis-
demeanor under the laws of such State; or
‘‘(B) violating a condition of probation or
parole imposed under Federal or State law.’’.
(b) EXCHANGE OF INFORMATION WITH LAW EN-
FORCEMENT AGENCIES.—Section 1631(e) of such Act (42
U.S.C. 1383(e)) is amended by inserting after paragraph
(3) the following:
‘‘(4) Notwithstanding any other provision of law, the
Commissioner shall furnish any Federal, State, or local
law enforcement officer, upon the request of the officer,
705
HR 2903 IH
with the current address of any recipient of benefits under
this title, if the officer furnishes the agency with the name
of the recipient and notifies the agency that—
‘‘(A) the recipient—
‘‘(i) is fleeing to avoid prosecution, or cus-
tody or confinement after conviction, under the
laws of the place from which the person flees,
for a crime, or an attempt to commit a crime,
which is a felony under the laws of the place
from which the person flees, or which, in the
case of the State of New Jersey, is a high mis-
demeanor under the laws of such State;
‘‘(ii) is violating a condition of probation or
parole imposed under Federal or State law; or
‘‘(iii) has information that is necessary for
the officer to conduct the officer’s official du-
ties;
‘‘(B) the location or apprehension of the recipi-
ent is within the official duties of the officer; and
‘‘(C) the request is made in the proper exercise
of such duties.’’.
706
HR 2903 IH
Subtitle D—Supplemental Security Income
SEC. 9607 VERIFICATION OF ELIGIBILITY FOR CERTAIN SSI
DISABILITY BENEFITS.
Section 1631 (42 U.S.C. 1383) is amended by adding
at the end the following new subsection:
‘‘(o)(1) Notwithstanding any other provision of law,
if the Commissioner of Social Security determines that an
individual, who is 18 years of age or older, is eligible to
receive benefits pursuant to section 1614(a)(3), the Com-
missioner shall, at the time of the determination, either
exempt the individual from an eligibility review or estab-
lish a schedule for reviewing the individual’s continuing
eligibility in accordance with paragraph (2).
‘‘(2)(A) The Commissioner shall establish a periodic
review with respect to the continuing eligibility of an indi-
vidual to receive benefits, unless the individual is exempt
from review under subparagraph (C) or is subject to a
scheduled review under subparagraph (B). A periodic re-
view under this subparagraph shall be initiated by the
Commissioner not later than 30 months after the date a
determination is made that the individual is eligible for
benefits and every 30 months thereafter, unless a waiver
is granted under section 221(i)(2). However, the Commis-
sioner shall not postpone the initiation of a periodic review
for more than 12 months in any case in which such waiver
707
HR 2903 IH
has been granted unless exigent circumstances require
such postponement.
‘‘(B)(i) In the case of an individual, other than an
individual who is exempt from review under subparagraph
(C) or with respect to whom subparagraph (A) applies,
the Commissioner shall schedule a review regarding the
individual’s continuing eligibility to receive benefits at any
time the Commissioner determines, based on the evidence
available, that there is a significant possibility that the
individual may cease to be entitled to such benefits.
‘‘(ii) The Commissioner may establish classifications
of individuals for whom a review of continuing eligibility
is scheduled based on the impairments that are the basis
for such individuals’ eligibility for benefits. A review of
an individual covered by a classification shall be scheduled
in accordance with the applicable classification, unless the
Commissioner determines that applying such schedule is
inconsistent with the purpose of this Act or the integrity
of the supplemental security income program.
‘‘(C)(i) The Commissioner may exempt an individual
from review under this subsection, if the individual’s eligi-
bility for benefits is based on a condition that, as a prac-
tical matter, has no substantial likelihood of improving to
a point where the individual will be able to perform sub-
stantial gainful activity.
708
HR 2903 IH
‘‘(ii) The Commissioner may establish classifications
of individuals who are exempt from review under this sub-
section based on the impairments that are the basis for
such individuals’ eligibility for benefits. Notwithstanding
any such classification, the Commissioner may, at the time
of determining an individual’s eligibility, schedule a review
of such individual’s continuing eligibility if the Commis-
sioner determines that a review is necessary to preserve
the integrity of the supplemental security income program.
‘‘(3) The Commissioner may revise a determination
made under paragraph (1) and schedule a review under
paragraph (2)(B), if the Commissioner obtains credible
evidence that an individual may no longer be eligible for
benefits or the Commissioner determines that a review is
necessary to maintain the integrity of the supplemental
security income program. Information obtained under sec-
tion 1137 may be used as the basis to schedule a review.
‘‘(4)(i) The requirements of sections 1614(a)(4) and
1633 shall apply to reviews conducted under this sub-
section.
‘‘(ii) Such reviews may be conducted by the applicable
State agency or the Commissioner, whichever is appro-
priate.’’.
709
HR 2903 IH
MODIFICATION TO ACCELERATE IMPLEMENTATION OF
CONRAD CONTINUING DISABILITY REVIEW PROVISION
At the end of section 841 of S. 840, insert after ‘‘is
appropriate.’’ the following:
‘‘(5) TRANSITION RULE.—Not later than three
months after the date of enactment of this sub-
section, the Commissioner shall establish a schedule
for reviewing the continuing eligibility of each indi-
vidual 
receiving 
benefits 
pursuant 
to 
section
1614(a)(3) on the date of enactment and who is 18
years of age or older unless such individual is ex-
empt under subparagraph (2)(C). Such reviews shall
be scheduled under the procedures set out in para-
graph (2), except that the reviews shall be scheduled
so that the eligibility of one-third of all such non-ex-
empt individuals is reviewed within one year after
the date of enactment, the eligibility of two-thirds of
such non-exempt individuals is reviewed within two
years of the date of enactment, and all remaining
non-exempt individuals receiving benefits on the date
of enactment of this subsection who continue receiv-
ing benefits shall have their eligibility reviewed with-
in three years of the date of enactment. Each indi-
vidual determined eligible to continue receiving bene-
fits in a review scheduled under this paragraph
710
HR 2903 IH
shall, at the time of such determination, be subject
to paragraph (1).’’.
Subtitle H—Treatment of Aliens
SEC. 9801. EXTENSION OF DEEMING OF INCOME AND RE-
SOURCES UNDER TEA, SSI, AND FOOD STAMP
PROGRAMS.
(a) IN GENERAL.—Except as provided in subsections
(b) and (c), in applying sections 407 and 1621 of the So-
cial Security Act and section 5(i) of the Food Stamp Act
of 1977, the period in which each respective section other-
wise applies with respect to an alien shall be extended
through the date (if any) on which the alien becomes a
citizen of the United States (under chapter 2 of title III
of the Immigration and Nationality Act).
(b) EXCEPTION.—Subsection (a) shall not apply to
an alien if—
(1) the alien has been lawfully admitted to the
United States for permanent residence, has attained
75 years of age, and has resided in the United
States for at least 5 years;
(2) the alien—
(A) is a veteran (as defined in section 101
of title 38, United States Code) with a dis-
charge characterized as an honorable discharge,
718
HR 2903 IH
visions of section 203(a)(7) of the Immigration and
Nationality Act;
‘‘(2) admitted to the United States as a result
of the application, after March 31, 1980, of the pro-
visions of section 207(c) of such Act;
‘‘(3) paroled into the United States as a refugee
under section 212(d)(5) of such Act;
‘‘(4) granted political asylum by the Attorney
General under section 208 of such Act; or
‘‘(5) a Cuban and Haitian entrant, as defined
in section 501(e) of the Refugee Education Assist-
ance Act of 1980 (Public Law 96–422).’.
SEC. 9802. REQUIREMENTS FOR SPONSOR’S AFFIDAVITS OF
SUPPORT.
(a) IN GENERAL.—Title II of the Immigration and
Nationality Act is amended by inserting after section 213
the following new section:
‘‘REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF SUPPORT
‘‘SEC. 213A. (a) ENFORCEABILITY.—
‘‘(1) IN
GENERAL.—No affidavit of support
may be accepted by the Attorney General or by any
consular officer to establish that an alien is not ex-
cludable under section 212(a)(4) unless such affida-
vit is executed as a contract—
‘‘(A) which is legally enforceable against
the sponsor by the Federal Government, by a
719
HR 2903 IH
State, or by any political subdivision of a State,
providing cash benefits under a public cash as-
sistance program (as defined in subsection
(f)(2)), but not later than 5 years after the date
the alien last receives any such cash benefit;
and
‘‘(B) in which the sponsor agrees to submit
to the jurisdiction of any Federal or State court
for the purpose of actions brought under sub-
section (e)(2).
‘‘(2) EXPIRATION
OF
LIABILITY.—Such con-
tract shall only apply with respect to cash benefits
described in paragraph (1)(A) provided to an alien
before the earliest of the following:
‘‘(A) CITIZENSHIP.—The date the alien be-
comes a citizen of the United States under
chapter 2 of title III.
‘‘(B) VETERAN.—The first date the alien
is described in section 9801(b)(2)(A) of the
Omnibus Budget Reconciliation Act of 1995.
‘‘(C) PAYMENT
OF
SOCIAL
SECURITY
TAXES.—The first date as of which the condi-
tion described in section 9801(b)(4) of the Om-
nibus Budget Reconciliation Act of 1995 is met
with respect to the alien.
733
HR 2903 IH
in the income of the household to the extent that the de-
crease is the result of the reduction.’’.
PERMIT STATES TO DETERMINE MOST USEFUL AND
RELIABLE MEANS OF VERIFICATION
SEC. 12023. Section 11 of the Food Stamp Act of
1977 (7 U.S.C. 2020) is amended by—
(1) striking in subsection (e)(3) all that follows
‘‘, and that the State agency shall’’ through ‘‘(E)’’;
(2) inserting after the paragraph designation
(19) of subsection (e) ‘‘at the option of the State
agency,’’; and
(3) by adding at the end thereof the following
new subsection—
‘‘(p) Notwithstanding any other provision
of law, State agencies (described in section
3(n)(1) of this Act) shall not be required to use
an income and eligibility verification system es-
tablished under section 1137 of the Social Secu-
rity Act (42 U.S.C. 1320b–7) or the immigra-
tion status verification system established under
section 1137(d) of the Social Security Act (42
U.S.C. 1320b–71d)).’’.
EXPAND CLAIMS COLLECTION METHODS
SEC. 12024. (a) Section 11(e)(8) of the Food Stamp
Act of 1977 (7 U.S.C. 2020(e)(8)) is amended by insert-
ing before the semicolon at the end thereof the following—
734
HR 2903 IH
‘‘or refunds of Federal taxes as authorized pursuant to
31 U.S.C. 3720A’’.
(b) Section 13 of the Food Stamp Act of 1977 (7
U.S.C. 2022) is amended by—
(1) striking paragraph (1) of subsection (b);
(2) redesignating subparagraph (A) of para-
graph (b)(2) as paragraph (b)(1);
(3) striking in paragraph (b)(1), as redesig-
nated by this subsection, ‘‘, other than claims the
collection of which is provided for in paragraph (1)
of this subsection and claims arising from an error
of the State agency,’’;
(4) inserting at the end of paragraph (b)(1), as
redesignated by this subsection, the following new
sentence—‘‘A State agency may waive the use of al-
lotment reduction as a means of collecting a claim
arising from an error of the State agency if su8ch
collection would cause a hardship (as defined by the
State agency) on the household but shall continue to
pursue all other lawful methods of collection of such
claims as prescribed in subsection (b)(2).’’;
(5) striking in paragraph (b)(1), as redesig-
nated by this subsection, ‘‘, except that the house-
hold shall’’ and inserting in lieu thereof ‘‘. At the
option of the State, the household may’’;
735
HR 2903 IH
(6) redesignating subparagraph (b)(2)(B) as
paragraph (b)(2);
(7) striking in paragraph (b)(2), as redesig-
nated by this subsection, ‘‘or subparagraph (A)’’;
(8) striking in subsection (d) ‘‘and except for
claims arising from an error of the State agency,’’;
(9) striking in subsection (d) ‘‘may’’ and insert-
ing in lieu thereof ‘‘shall’’; and
(10) inserting before the period at the end of
subsection (d) the following—‘‘or refunds of Federal
taxes as authorized pursuant to 31 U.S.C. 3720A’’.
(c) Section 16(a) of the Food Stamp Act of 1977 (7
U.S.C. 2025(a)) is amended by striking ‘‘25 percent dur-
ing the period beginning October 1, 1990’’ and all that
follows through ‘‘error of a State agency.’’ and inserting
in 
lieu 
thereof 
the 
following—‘‘25 
percent 
of
overissuances, except those arising from an error of the
State agency, which are recovered or collected pursuant
to subsections (b), (c), and (d) of section 13.’’.
(d) Section 6402(d) of the Internal Revenue Code (26
U.S.C. 6402(d)) is amended by—
(1) inserting in paragraph (1) immediately fol-
lowing ‘‘any Federal agency’’ the following—
‘‘(or any State agency that has the respon-
sibility for the administration of the food stamp