H. R. 2491—814
foreign reciprocating country or foreign obligee (but costs may
at State option be assessed against the obligor).’’.
SEC. 12371. FINANCIAL INSTITUTION DATA MATCHES.
Section 466(a) (42 U.S.C. 666(a)), as amended by sections 12315,
12317(a), 12323, 12365, and 12369 of this Act, is amended by
adding at the end the following new paragraph:
‘‘(17) FINANCIAL INSTITUTION DATA MATCHES.—
‘‘(A) IN GENERAL.—Procedures under which the State
agency shall enter into agreements with financial institu-
tions doing business in the State—
‘‘(i) to develop and operate, in coordination with
such financial institutions, a data match system, using
automated data exchanges to the maximum extent fea-
sible, in which each such financial institution is
required to provide for each calendar quarter the name,
record address, social security number or other tax-
payer identification number, and other identifying
information for each noncustodial parent who main-
tains an account at such institution and who owes
past-due support, as identified by the State by name
and social security number or other taxpayer identifica-
tion number; and
‘‘(ii) in response to a notice of lien or levy, encum-
ber or surrender, as the case may be, assets held
by such institution on behalf of any noncustodial parent
who is subject to a child support lien pursuant to
paragraph (4).
‘‘(B) REASONABLE FEES.—The State agency may pay
a reasonable fee to a financial institution for conducting
the data match provided for in subparagraph (A)(i), not
to exceed the actual costs incurred by such financial institu-
tion.
‘‘(C) LIABILITY.—A financial institution shall not be
liable under any Federal or State law to any person—
‘‘(i) for any disclosure of information to the State
agency under subparagraph (A)(i);
‘‘(ii) for encumbering or surrendering any assets
held by such financial institution in response to a
notice of lien or levy issued by the State agency as
provided for in subparagraph (A)(ii); or
‘‘(iii) for any other action taken in good faith to
comply with the requirements of subparagraph (A).
‘‘(D) DEFINITIONS.—For purposes of this paragraph—
‘‘(i) FINANCIAL INSTITUTION.—The term ‘financial
institution’ means any Federal or State commercial
savings bank, including savings association or coopera-
tive bank, Federal- or State-chartered credit union,
benefit association, insurance company, safe deposit
company, money-market mutual fund, or any similar
entity authorized to do business in the State; and
‘‘(ii) ACCOUNT.—The term ‘account’ means a
demand deposit account, checking or negotiable with-
drawal order account, savings account, time deposit
account, or money-market mutual fund account.’’.
H. R. 2491—815
SEC. 12372. ENFORCEMENT OF ORDERS AGAINST PATERNAL OR
MATERNAL GRANDPARENTS IN CASES OF MINOR PAR-
ENTS.
Section 466(a) (42 U.S.C. 666(a)), as amended by sections 12315,
12317(a), 12323, 12365, 12369, and 12371 of this Act, is amended
by adding at the end the following new paragraph:
‘‘(18) ENFORCEMENT
OF
ORDERS
AGAINST
PATERNAL
OR
MATERNAL
GRANDPARENTS.—Procedures under which, at the
State’s option, any child support order enforced under this
part with respect to a child of minor parents, if the custodial
parents of such child are receiving assistance under the State
program under part A, shall be enforceable, jointly and sever-
ally, against the parents of the noncustodial parents of such
child.’’.
CHAPTER 8—MEDICAL SUPPORT
SEC. 12376. CORRECTION TO ERISA DEFINITION OF MEDICAL CHILD
SUPPORT ORDER.
(a) IN GENERAL.—Section 609(a)(2)(B) of the Employee Retire-
ment Income Security Act of 1974 (29 U.S.C. 1169(a)(2)(B)) is
amended—
(1) by striking ‘‘issued by a court of competent jurisdiction’’;
(2) by striking the period at the end of clause (ii) and
inserting a comma; and
(3) by adding, after and below clause (ii), the following:
‘‘if such judgment, decree, or order (I) is issued by a court
of competent jurisdiction or (II) is issued through an
administrative process established under State law 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 enactment of this Act.
(2) PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1,
1996.—Any amendment to a plan required to be made by an
amendment made by this section shall not be required to be
made before the 1st plan year beginning on or after January
1, 1996, if—
(A) during the period after the date before the date
of the enactment of this Act and before such 1st plan
year, the plan is operated in accordance with the require-
ments of the amendments made by this section; and
(B) such plan amendment applies retroactively to the
period after the date before the date of the enactment
of this Act and before such 1st plan year.
A plan shall not be treated as failing to be operated in accord-
ance with the provisions of the plan merely because it operates
in accordance with this paragraph.
SEC. 12377. ENFORCEMENT OF ORDERS FOR HEALTH CARE COVERAGE.
Section 466(a) (42 U.S.C. 666(a)), as amended by sections 12315,
12317(a), 12323, 12365, 12369, 12371, and 12372 of this Act, is
amended by adding at the end the following new paragraph:
‘‘(19) HEALTH CARE COVERAGE.—Procedures under which
all child support orders enforced pursuant to this part shall
include a provision for the health care coverage of the child,
H. R. 2491—816
and in the case in which a noncustodial parent provides such
coverage and changes employment, and the new employer pro-
vides health care coverage, the State agency shall transfer
notice of the provision to the employer, which notice shall
operate to enroll the child in the noncustodial parent’s health
plan, unless the noncustodial parent contests the notice.’’.
CHAPTER 9—ENHANCING RESPONSIBILITY AND
OPPORTUNITY FOR NON-RESIDENTIAL PARENTS
SEC. 12381. GRANTS TO STATES FOR ACCESS AND VISITATION PRO-
GRAMS.
Part D of title IV (42 U.S.C. 651–669) is amended by adding
at the end the following:
‘‘SEC. 469A. GRANTS TO STATES FOR ACCESS AND VISITATION PRO-
GRAMS.
‘‘(a) IN GENERAL.—The Administration for Children and Fami-
lies shall make grants under this section to enable States to estab-
lish and administer programs to support and facilitate noncustodial
parents’ access to and visitation of their children, by means of
activities including mediation (both voluntary and mandatory),
counseling, education, development of parenting plans, visitation
enforcement (including monitoring, supervision and neutral drop-
off and pickup), and development of guidelines for visitation and
alternative custody arrangements.
‘‘(b) AMOUNT OF GRANT.—The amount of the grant to be made
to a State under this section for a fiscal year shall be an amount
equal to the lesser of—
‘‘(1) 90 percent of State expenditures during the fiscal
year for activities described in subsection (a); or
‘‘(2) the allotment of the State under subsection (c) for
the fiscal year.
‘‘(c) ALLOTMENTS TO STATES.—
‘‘(1) IN GENERAL.—The allotment of a State for a fiscal
year is the amount that bears the same ratio to the amount
appropriated for grants under this section for the fiscal year
as the number of children in the State living with only 1
biological parent bears to the total number of such children
in all States.
‘‘(2) MINIMUM ALLOTMENT.—The Administration for Chil-
dren and Families shall adjust allotments to States under para-
graph (1) as necessary to ensure that no State is allotted
less than—
‘‘(A) $50,000 for fiscal year 1996 or 1997; or
‘‘(B) $100,000 for any succeeding fiscal year.
‘‘(d) NO SUPPLANTATION OF STATE EXPENDITURES FOR SIMILAR
ACTIVITIES.—A State to which a grant is made under this section
may not use the grant to supplant expenditures by the State for
activities specified in subsection (a), but shall use the grant to
supplement such expenditures at a level at least equal to the
level of such expenditures for fiscal year 1995.
‘‘(e) STATE ADMINISTRATION.—Each State to which a grant is
made under this section—
‘‘(1) may administer State programs funded with the grant,
directly or through grants to or contracts with courts, local
public agencies, or non-profit private entities;
H. R. 2491—817
‘‘(2) shall not be required to operate such programs on
a statewide basis; and
‘‘(3) shall monitor, evaluate, and report on such programs
in accordance with regulations prescribed by the Secretary.’’.
CHAPTER 10—EFFECT OF ENACTMENT
SEC. 12391. EFFECTIVE DATES.
(a) IN GENERAL.—Except as otherwise specifically provided (but
subject to subsections (b) and (c))—
(1) the provisions of this subtitle requiring the 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 subtitle shall become effective
upon the date of the enactment of this Act.
(b) GRACE PERIOD FOR STATE LAW CHANGES.—The provisions
of this subtitle shall become effective with respect to a State on
the later of—
(1) the date specified in this subtitle, or
(2) the effective date of laws enacted by the legislature
of such State implementing such provisions,
but in no event later than the 1st day of the 1st calendar quarter
beginning after the close of the 1st regular session of the State
legislature that begins after the date of the enactment of this
Act. For purposes of the previous sentence, in the case of a State
that has a 2-year legislative 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 compliance with any requirement
enacted by this subtitle if the State is unable to so comply without
amending the State constitution until the earlier of—
(1) 1 year after the effective date of the necessary State
constitutional amendment; or
(2) 5 years after the date of the enactment of this Act.
Subtitle D—Restricting Welfare and Public
Benefits for Aliens
CHAPTER 1—ELIGIBILITY FOR FEDERAL BENEFITS
SEC. 12401. ALIENS WHO ARE NOT QUALIFIED ALIENS INELIGIBLE
FOR FEDERAL PUBLIC BENEFITS.
(a) IN GENERAL.—Notwithstanding any other provision of law
and except as provided in subsection (b), an alien who is not
a qualified alien (as defined in section 12431) is not eligible for
any Federal public benefit (as defined in subsection (c)).
(b) EXCEPTIONS.—Subsection (a) shall not apply with respect
to the following Federal public benefits:
(1) Emergency medical services under title XIX or XXI
of the Social Security Act.
(2) Short-term, non-cash, in-kind emergency disaster relief.
(3)(A) Public health assistance for immunizations.