263
tions against an individual (if the order or process con-
tains or is accompanied by sufficient data to permit
prompt identification of the individual and the moneys in-
volved), each governmental entity specified in subsection
(a) shall be subject to the same requirements as would
apply if the entity were a private person, except as other-
wise provided in this section.
‘‘(c) DESIGNATION OF AGENT; RESPONSE TO NOTICE
OR PROCESS.—
‘‘(1) DESIGNATION OF AGENT.—The head of
each agency subject to this section shall—
‘‘(A) designate an agent or agents to re-
ceive orders and accept service of process in
matters relating to child support or alimony;
and
‘‘(B) annually publish in the Federal Reg-
ister the designation of the agent or agents,
identified by title or position, mailing address,
and telephone number.
‘‘(2) RESPONSE TO NOTICE OR PROCESS.—If an
agent designated pursuant to paragraph (1) of this
subsection receives notice pursuant to State proce-
dures in effect pursuant to subsection (a)(1) or (b)
of section 466, or is effectively served with any
order, process, or interrogatory, with respect to an
264
individual’s child support or alimony payment obli-
gations, the agent shall—
‘‘(A) as soon as possible (but not later
than 15 days) thereafter, send written notice of
the notice or service (together with a copy of
the notice or service) to the individual at the
duty station or last-known home address of the
individual;
‘‘(B) within 30 days (or such longer period
as may be prescribed by applicable State law)
after receipt of a notice pursuant to such State
procedures, comply with all applicable provi-
sions of section 466; and
‘‘(C) within 30 days (or such longer period
as may be prescribed by applicable State law)
after effective service of any other such order,
process, or interrogatory, respond to the order,
process, or interrogatory.
‘‘(d) PRIORITY OF CLAIMS.—If a governmental entity
specified in subsection (a) receives notice or is served with
process, as provided in this section, concerning amounts
owed by an individual to more than 1 person—
‘‘(1) support collection under section 466(b)
must be given priority over any other process, as
provided in section 466(b)(7);
265
‘‘(2) allocation of moneys due or payable to an
individual among claimants under section 466(b)
shall be governed by section 466(b) and the regula-
tions prescribed under such section; and
‘‘(3) such moneys as remain after compliance
with paragraphs (1) and (2) 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.
‘‘(e) NO REQUIREMENT TO VARY PAY CYCLES.—A
governmental entity that is affected by legal process
served for the enforcement of an individual’s child support
or alimony payment obligations shall not be required to
vary its normal pay and disbursement cycle in order to
comply with the legal process.
‘‘(f) RELIEF FROM LIABILITY.—
‘‘(1) Neither the United States, nor the govern-
ment of the District of Columbia, nor any disbursing
officer shall be liable with respect to any payment
made from moneys due or payable from the United
States to any individual pursuant to legal process
regular on its face, if the payment is made in ac-
266
cordance with this section and the regulations issued
to carry out this section.
‘‘(2) No Federal employee whose duties include
taking actions necessary to comply with the require-
ments of subsection (a) with regard to any individ-
ual shall be subject under any law to any discipli-
nary action or civil or criminal liability or penalty
for, or on account of, any disclosure of information
made by the employee in connection with the carry-
ing out of such actions.
‘‘(g) REGULATIONS.—Authority to promulgate regu-
lations for the implementation of this section shall, insofar
as this section applies to moneys due from (or payable
by)—
‘‘(1) the United States (other than the legisla-
tive or judicial branches of the Federal Government)
or the government of the District of Columbia, be
vested in the President (or the designee of the Presi-
dent);
‘‘(2) the legislative branch of the Federal Gov-
ernment, be vested jointly in the President pro tem-
pore of the Senate and the Speaker of the House of
Representatives (or their designees), and
267
‘‘(3) the judicial branch of the Federal Govern-
ment, be vested in the Chief Justice of the United
States (or the designee of the Chief Justice).
‘‘(h) MONEYS SUBJECT TO PROCESS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2),
moneys paid or payable to an individual which are
considered to be based upon remuneration for em-
ployment, for purposes of this section—
‘‘(A) consist of—
‘‘(i) compensation paid or payable for
personal services of the individual, whether
the compensation is denominated as wages,
salary, commission, bonus, pay, allowances,
or otherwise (including severance pay, sick
pay, and incentive pay);
‘‘(ii) periodic benefits (including a
periodic benefit as defined in section
228(h)(3)) or other payments—
‘‘(I) under the insurance system
established by title II;
‘‘(II) under any other system or
fund established by the United States
which provides for the payment of
pensions, retirement or retired pay,
annuities, dependents’ or survivors’
268
benefits, or similar amounts payable
on account of personal services per-
formed by the individual or any other
individual;
‘‘(III) as compensation for death
under any Federal program;
‘‘(IV) under any Federal pro-
gram established to provide ‘black
lung’ benefits; or
‘‘(V) by the Secretary of Veter-
ans Affairs as compensation for a
service-connected disability paid by
the Secretary to a former member of
the Armed Forces who is in receipt of
retired or retainer pay if the former
member has waived a portion of the
retired or retainer pay in order to re-
ceive 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 oth-
erwise, to defray expenses incurred by the
individual in carrying out duties associated
with the employment of the individual; or
269
‘‘(ii) as allowances for members of the
uniformed 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 efficient performance of
duty.
‘‘(2) CERTAIN AMOUNTS EXCLUDED.—In deter-
mining the amount of any moneys due from, or pay-
able by, the United States to any individual, there
shall be excluded amounts which—
‘‘(A) are owed by the individual to the
United States;
‘‘(B) are required by law to be, and are,
deducted from the remuneration or other pay-
ment involved, including Federal employment
taxes, and fines and forfeitures ordered by
court-martial;
‘‘(C) are properly withheld for Federal,
State, or local income tax purposes, if the with-
holding of the amounts is authorized or re-
quired by law and if amounts withheld are not
greater than would be the case if the individual
claimed all dependents to which he was entitled
(the withholding of additional amounts pursu-
270
ant to section 3402(i) of the Internal Revenue
Code of 1986 may be permitted only when the
individual presents evidence of a tax obligation
which supports the additional withholding);
‘‘(D) are deducted as health insurance pre-
miums;
‘‘(E) are deducted as normal retirement
contributions (not including amounts deducted
for supplementary coverage); or
‘‘(F) are deducted as normal life insurance
premiums from salary or other remuneration
for employment (not including amounts de-
ducted for supplementary coverage).
‘‘(i) DEFINITIONS.—For purposes of this section—
‘‘(1) UNITED
STATES.—The term ‘United
States’ includes any department, agency, or instru-
mentality of the legislative, judicial, or executive
branch of the Federal Government, the United
States Postal Service, the Postal Rate Commission,
any Federal corporation created by an Act of Con-
gress that is wholly owned by the Federal Govern-
ment, and the governments of the territories and
possessions of the United States.
‘‘(2) CHILD SUPPORT.—The term ‘child sup-
port’, when used in reference to the legal obligations
271
of an individual to provide such support, means
amounts required to be paid under a judgment, de-
cree, or order, whether temporary, final, or subject
to modification, issued by a court or an administra-
tive agency of competent jurisdiction, for the sup-
port and maintenance of a child, including a child
who has attained the age of majority under the law
of the issuing State, or a child and the parent with
whom the child is living, which provides for mone-
tary support, health care, arrearages or reimburse-
ment, and which may include other related costs and
fees, interest and penalties, income withholding, at-
torney’s fees, and other relief.
‘‘(3) ALIMONY.—
‘‘(A) IN
GENERAL.—The term ‘alimony’,
when used in reference to the legal obligations
of an individual to provide the same, means
periodic payments of funds for the support and
maintenance of the spouse (or former spouse)
of the individual, and (subject to and in accord-
ance with State law) includes separate mainte-
nance, alimony pendente lite, maintenance, and
spousal support, and includes attorney’s fees,
interest, and court costs when and to the extent
that the same are expressly made recoverable as
272
such pursuant to a decree, order, or judgment
issued in accordance with applicable State law
by a court of competent jurisdiction.
‘‘(B) EXCEPTIONS.—Such term does not
include—
‘‘(i) any child support; or
‘‘(ii) any payment or transfer of prop-
erty or its value by an individual to the
spouse or a former spouse of the individual
in compliance with any community prop-
erty settlement, equitable distribution of
property, or other division of property be-
tween spouses or former spouses.
‘‘(4) PRIVATE PERSON.—The term ‘private per-
son’ means a person who does not have sovereign or
other special immunity or privilege which causes the
person not to be subject to legal process.
‘‘(5) LEGAL PROCESS.—The term ‘legal proc-
ess’ means any writ, order, summons, or other simi-
lar process in the nature of garnishment—
‘‘(A) which is issued by—
‘‘(i) a court or an administrative
agency of competent jurisdiction in any
State, territory, or possession of the Unit-
ed States;
273
‘‘(ii) a court or an administrative
agency of competent jurisdiction in any
foreign country with which the United
States has entered into an agreement
which requires the United States to honor
the process; or
‘‘(iii) an authorized official pursuant
to an order of such a court or an adminis-
trative agency of competent jurisdiction or
pursuant to State or local law; and
‘‘(B) which is directed to, and the purpose
of which is to compel, a governmental entity
which holds moneys which are otherwise pay-
able to an individual to make a payment from
the moneys to another party in order to satisfy
a legal obligation of the individual to provide
child support or make alimony payments.’’.
(b) CONFORMING AMENDMENTS.—
(1) TO PART D OF TITLE IV.—Sections 461 and
462 (42 U.S.C. 661 and 662) 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-
274
tion 459 of the Social Security Act (42 U.S.C.
659)’’.
(c) MILITARY RETIRED AND RETAINER PAY.—
(1) 
DEFINITION
OF
COURT.—Section
1408(a)(1) of title 10, United States Code, is
amended—
(A) by striking ‘‘and’’ at the end of sub-
paragraph (B);
(B) by striking the period at the end of
subparagraph (C) and inserting ‘‘; and’’; and
(C) by adding after subparagraph (C) the
following: new subparagraph:
‘‘(D) any administrative or judicial tribu-
nal of a State competent to enter orders for
support or maintenance (including a State
agency administering a program under a State
plan approved under part D of title IV of the
Social Security Act), and, for purposes of this
subparagraph, the term ‘State’ includes the
District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, and
American Samoa.’’.
(2) DEFINITION
OF
COURT
ORDER.—Section
1408(a)(2) of such title is amended—
275
(A) by inserting ‘‘or a support order, as
defined in section 453(p) of the Social Security
Act (42 U.S.C. 653(p)),’’ before ‘‘which—’’;
(B) in subparagraph (B)(i), by striking
‘‘(as defined in section 462(b) of the Social Se-
curity Act (42 U.S.C. 662(b)))’’ and inserting
‘‘(as defined in section 459(i)(2) of the Social
Security Act (42 U.S.C. 662(i)(2)))’’; and
(C) in subparagraph (B)(ii), by striking
‘‘(as defined in section 462(c) of the Social Se-
curity Act (42 U.S.C. 662(c)))’’ and inserting
‘‘(as defined in section 459(i)(3) of the Social
Security Act (42 U.S.C. 662(i)(3)))’’.
(3) PUBLIC PAYEE.—Section 1408(d) of such
title is amended—
(A) in the heading, by inserting ‘‘(OR FOR
BENEFIT OF)’’ before ‘‘SPOUSE OR’’; and
(B) in paragraph (1), in the 1st sentence,
by inserting ‘‘(or for the benefit of such spouse
or former spouse to a State disbursement unit
established pursuant to section 454B of the So-
cial Security Act or other public payee des-
ignated by a State, in accordance with part D
of title IV of the Social Security Act, as di-
rected by court order, or as otherwise directed
276
in accordance with such part D)’’ before ‘‘in an
amount sufficient’’.
(4) RELATIONSHIP TO PART D OF TITLE IV.—
Section 1408 of such title is amended by adding at
the end the following new subsection:
‘‘(j) RELATIONSHIP TO OTHER LAWS.—In any case
involving an order providing for payment of child support
(as defined in section 459(i)(2) of the Social Security Act)
by 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 such Act.’’.
(d) EFFECTIVE DATE.—The amendments made by
this section become effective 6 months after the date of
the enactment of this Act.
SEC. 263. 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
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
277
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
locator 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.
(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
278
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 established under
section 453 of the Social Security Act.
(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
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
279
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 459(i) of
the Social Security Act (42 U.S.C. 659(i)).
(c) PAYMENT OF MILITARY RETIRED PAY IN COM-
PLIANCE WITH CHILD SUPPORT ORDERS.—
(1) DATE
OF
CERTIFICATION
OF
COURT
ORDER.—Section 1408 of title 10, United States
Code, as amended by section 262(c)(4) of this Act,
is amended—
280
(A) by redesignating subsections (i) and (j)
as subsections (j) and (k), respectively; and
(B) by inserting after subsection (h) the
following new subsection:
‘‘(i) CERTIFICATION DATE.—It is not necessary that
the date of a certification of the authenticity or complete-
ness of a copy of a court order for child support received
by the Secretary concerned for the purposes of this section
be recent in relation to the date of receipt by the Sec-
retary.’’.
(2) PAYMENTS
CONSISTENT
WITH
ASSIGN-
MENTS OF RIGHTS TO STATES.—Section 1408(d)(1)
of such title is amended by inserting after the 1st
sentence the following new sentence: ‘‘In the case of
a spouse or former spouse who, pursuant to section
402(a)(2) of the Social Security Act (42 U.S.C.
602(a)(2)), assigns to a State the rights of the
spouse or former spouse to receive support, the Sec-
retary concerned may make the child support pay-
ments referred to in the preceding sentence to that
State in amounts consistent with that assignment of
rights.’’.
(3) ARREARAGES OWED BY MEMBERS OF THE
UNIFORMED
SERVICES.—Section 1408(d) of such
282
‘‘(g) LAWS VOIDING FRAUDULENT TRANSFERS.—In
order to satisfy section 454(20)(A), each State must have
in effect—
‘‘(1)(A) the Uniform Fraudulent Conveyance
Act of 1981;
‘‘(B) the Uniform Fraudulent Transfer Act of
1984; or
‘‘(C) another law, specifying indicia of fraud
which create a prima facie case that a debtor trans-
ferred income or property to avoid payment to a
child support creditor, which the Secretary finds af-
fords comparable rights to child support creditors;
and
‘‘(2) procedures under which, in any case in
which the State knows of a transfer by a child sup-
port debtor with respect to which such a prima facie
case is established, the State must—
‘‘(A) seek to void such transfer; or
‘‘(B) obtain a settlement in the best inter-
ests of the child support creditor.’’.
SEC. 265. WORK REQUIREMENT FOR PERSONS OWING
PAST-DUE CHILD SUPPORT.
(a) IN GENERAL.—Section 466(a) of the Social Secu-
rity Act (42 U.S.C. 666(a)), as amended by sections 215,
283
217(a), and 223 of this Act, is amended by adding at the
end the following new paragraph:
‘‘(15) PROCEDURES TO ENSURE THAT PERSONS
OWING PAST-DUE SUPPORT WORK OR HAVE A PLAN
FOR PAYMENT OF SUCH SUPPORT.—
‘‘(A) IN
GENERAL.—Procedures under
which the State has the authority, in any case
in which an individual owes past-due support
with respect to a child receiving assistance
under a State program funded under part A,
to seek a court order that requires the individ-
ual to—
‘‘(i) pay such support in accordance
with a plan approved by the court, or, at
the option of the State, a plan approved by
the State agency administering the State
program under this part; or
‘‘(ii) if the individual is subject to
such a plan and is not incapacitated, par-
ticipate in such work activities (as defined
in section 407(d)) as the court, or, at the
option of the State, the State agency ad-
ministering the State program under this
part, deems appropriate.
284
‘‘(B) PAST-DUE SUPPORT DEFINED.—For
purposes of subparagraph (A), the term ‘past-
due support’ means the amount whose payment
is overdue as determined under a court order,
or an order of an administrative process estab-
lished under State law, for support and mainte-
nance of a child, or of a child and the parent
with whom the child is living.’’.
(b) CONFORMING AMENDMENT.—The flush para-
graph at the end of section 466(a) (42 U.S.C.666(a)) is
amended by striking ‘‘and (7)’’ and inserting ‘‘(7), and
(15)’’.
SEC. 266. DEFINITION OF SUPPORT ORDER.
Section 453 (42 U.S.C. 653) as amended by sections
216 and 246(b) of this Act, is amended by adding at the
end the following new subsection:
‘‘(p) SUPPORT ORDER DEFINED.—As used in this
part, the term ‘support order’ means a judgment, decree,
or order, whether temporary, final, or subject to modifica-
tion, issued by a court or an administrative agency of com-
petent jurisdiction, for the support and maintenance of a
child, including a child who has attained the age of major-
ity under the law of the issuing State, or a child and the
parent with whom the child is living, which provides for
monetary support, health care, arrearages, or reimburse-
285
ment, and which may include related costs and fees, inter-
est and penalties, income withholding, attorneys’ fees, and
other relief.’’.
SEC. 267. REPORTING ARREARAGES TO CREDIT BUREAUS.
Section 466(a)(7) (42 U.S.C. 666(a)(7)) is amended
to read as follows:
‘‘(7) REPORTING ARREARAGES TO CREDIT BU-
REAUS.—
‘‘(A) IN GENERAL.—Procedures (subject to
safeguards pursuant to subparagraph (B)) re-
quiring the State to report periodically to
consumer reporting agencies (as defined in sec-
tion 603(f) of the Fair Credit Reporting Act
(15 U.S.C. 1681a(f)) the name of any non-
custodial parent who is delinquent in the pay-
ment of support, and the amount of overdue
support owed by such parent.
‘‘(B) SAFEGUARDS.—Procedures ensuring
that, in carrying out subparagraph (A), infor-
mation with respect to a noncustodial parent is
reported—
‘‘(i) only after such parent has been
afforded all due process required under
State law, including notice and a reason-
286
able opportunity to contest the accuracy of
such information; and
‘‘(ii) only to an entity that has fur-
nished evidence satisfactory to the State
that the entity is a consumer reporting
agency (as so defined).’’.
SEC. 268. LIENS.
Section 466(a)(4) (42 U.S.C. 666(a)(4)) is amended
to read as follows:
‘‘(4) LIENS.—Procedures under which—
‘‘(A) liens arise by operation of law against
real and personal property for amounts of over-
due support owed by a noncustodial parent who
resides or owns property in the State; and
‘‘(B) the State accords full faith and credit
to liens described in subparagraph (A) arising
in another State, without registration of the un-
derlying order.’’.
SEC. 269. STATE LAW AUTHORIZING SUSPENSION OF LI-
CENSES.
Section 466(a) (42 U.S.C. 666(a)), as amended by
sections 215, 217(a), 223, and 265 of this Act, is amended
by adding at the end the following:
‘‘(16) AUTHORITY TO WITHHOLD OR SUSPEND
LICENSES.—Procedures under which the State has
287
(and uses in appropriate cases) authority to withhold
or suspend, or to restrict the use of, driver’s li-
censes, professional and occupational licenses, and
recreational licenses of individuals owing overdue
support or failing, after receiving appropriate notice,
to comply with subpoenas or warrants relating to
paternity or child support proceedings.’’.
SEC. 270. 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 section 246 of
this Act, is amended by adding at the end the fol-
lowing new subsection:
‘‘(k)(1) If the Secretary receives a certification by a
State agency in accordance with the requirements of sec-
tion 454(31) that an individual owes arrearages of child
support in an amount exceeding $5,000, 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 270(b) of the Work First
and Personal Responsibility Act of 1996.
‘‘(2) The Secretary shall not be liable to an in-
dividual for any action with respect to a certification
by a State agency under this section.’’.
288
(2) STATE AGENCY RESPONSIBILITY.—Section
454 (42 U.S.C. 654), as amended by sections
201(b), 203(a), 212(b), 213(a), 233, and 244(b) of
this Act, is amended—
(A) by striking ‘‘and’’ at the end of para-
graph (29);
(B) by striking the period at the end of
paragraph (30) and inserting ‘‘; and’’; and
(C) by adding after paragraph (30) the fol-
lowing new paragraph:
‘‘(31) provide that the State agency will have in
effect a procedure for certifying to the Secretary, for
purposes of the procedure under section 452(k), de-
terminations that individuals owe arrearages of child
support in an amount exceeding $5,000, under
which procedure—
‘‘(A) each individual concerned is afforded
notice of such determination and the 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.’’.
289
(b) STATE DEPARTMENT PROCEDURE FOR DENIAL
OF PASSPORTS.—
(1) IN GENERAL.—The Secretary of State shall,
upon certification by the Secretary of Health and
Human Services transmitted under section 452(k) of
the Social Security Act, refuse to issue a passport to
such individual, and may revoke, restrict, or limit a
passport issued previously 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 become effective October 1,
1996.
SEC. 271. INTERNATIONAL CHILD SUPPORT ENFORCE-
MENT.
(a) 
AUTHORITY
FOR
INTERNATIONAL
AGREE-
MENTS.—Part D of title IV, as amended by section 262(a)
of this Act, is amended by adding after section 459 the
following new section:
‘‘SEC. 459A. INTERNATIONAL CHILD SUPPORT ENFORCE-
MENT.
‘‘(a) AUTHORITY FOR DECLARATIONS.—
290
‘‘(1) DECLARATION.—The Secretary of State,
with the concurrence of the Secretary of Health and
Human Services, is authorized to declare any foreign
country (or a political subdivision thereof) to be a
foreign reciprocating country if the foreign country
has established, or undertakes to establish, proce-
dures for the establishment and enforcement of du-
ties of support owed to obligees who are residents of
the United States, and such procedures are substan-
tially in conformity with the standards prescribed
under subsection (b).
‘‘(2) REVOCATION.—A declaration with respect
to a foreign country made pursuant to paragraph
(1) may be revoked if the Secretaries of State and
Health and Human Services determine that—
‘‘(A) the procedures established by the for-
eign nation regarding the establishment and en-
forcement of duties of support have been so
changed, or the foreign nation’s implementation
of such procedures is so unsatisfactory, that
such procedures do not meet the criteria for
such a declaration; or
‘‘(B) continued operation of the declaration
is not consistent with the purposes of this part.
291
‘‘(3) FORM
OF
DECLARATION.—A declaration
under paragraph (1) may be made in the form of an
international agreement, in connection with an inter-
national agreement or corresponding foreign declara-
tion, or on a unilateral basis.
‘‘(b) STANDARDS FOR FOREIGN SUPPORT ENFORCE-
MENT PROCEDURES.—
‘‘(1) MANDATORY
ELEMENTS.—Child support
enforcement procedures of a foreign country which
may be the subject of a declaration pursuant to sub-
section (a)(1) shall include the following elements:
‘‘(A) The foreign country (or political sub-
division thereof) has in effect procedures, avail-
able to residents of the United States—
‘‘(i) for establishment of paternity,
and for establishment of orders of support
for children and custodial parents; and
‘‘(ii) for enforcement of orders to pro-
vide support to children and custodial par-
ents, including procedures for collection
and appropriate distribution of support
payments under such orders.
‘‘(B) The procedures described in subpara-
graph (A), including legal and administrative
292
assistance, are provided to residents of the
United States at no cost.
‘‘(C) An agency of the foreign country is
designated as a Central Authority responsible
for—
‘‘(i) facilitating child support enforce-
ment in cases involving residents of the
foreign nation and residents of the United
States; and
‘‘(ii) ensuring compliance with the
standards established pursuant to this sub-
section.
‘‘(2) ADDITIONAL ELEMENTS.—The Secretary
of Health and Human Services and the Secretary of
State, in consultation with the States, may establish
such additional standards as may be considered nec-
essary to further the purposes of this section.
‘‘(c) DESIGNATION OF UNITED STATES CENTRAL
AUTHORITY.—It shall be the responsibility of the Sec-
retary of Health and Human Services to facilitate child
support enforcement in cases involving residents of the
United States and residents of foreign nations that are
the subject of a declaration under this section, by activities
including—
293
‘‘(1) development of uniform forms and proce-
dures for use in such cases;
‘‘(2) notification of foreign reciprocating coun-
tries of the State of residence of individuals sought
for support enforcement purposes, on the basis of in-
formation provided by the Federal Parent Locator
Service; and
‘‘(3) such other oversight, assistance, and co-
ordination activities as the Secretary may find nec-
essary and appropriate.
‘‘(d) EFFECT ON OTHER LAWS.—States may enter
into reciprocal arrangements for the establishment and en-
forcement of child support obligations with foreign coun-
tries that are not the subject of a declaration pursuant
to subsection (a), to the extent consistent with Federal
law.’’.
(b) STATE PLAN REQUIREMENT.—Section 454 (42
U.S.C. 654), as amended by sections 201(b), 203(a),
212(b), 213(a), 233, 244(b), and 270(a)(2) of this Act,
is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(30);
(2) by striking the period at the end of para-
graph (31) and inserting ‘‘; and’’; and
294
(3) by adding after paragraph (31) the follow-
ing new paragraph:
‘‘(32)(A) provide that any request for services
under this part by a foreign reciprocating country or
a foreign country with which the State has an ar-
rangement described in section 459A(d)(2) shall be
treated as a request by a State;
‘‘(B) provide, at State option, notwith-
standing paragraph (4) or any other provision
of this part, for services under the plan for en-
forcement of a spousal support order not de-
scribed in paragraph (4)(B) entered by such a
country (or subdivision); and
‘‘(C) provide that no applications will be
required from, and no costs will be assessed for
such services against, the foreign reciprocating
country or foreign obligee (but costs may at
State option be assessed against the obligor).’’.
SEC. 272. FINANCIAL INSTITUTION DATA MATCHES.
Section 466(a) (42 U.S.C. 666(a)), as amended by
sections 215, 217(a), 223, 265, and 269 of this Act, is
amended by adding at the end the following new para-
graph:
‘‘(17) 
FINANCIAL
INSTITUTION
DATA
MATCHES.—
295
‘‘(A) IN
GENERAL.—Procedures under
which the State agency shall enter into agree-
ments with financial institutions doing business
in the State—
‘‘(i) to develop and operate, in coordi-
nation with such financial institutions, a
data match system, using automated data
exchanges to the maximum extent feasible,
in which each such financial institution is
required to provide for each calendar quar-
ter the name, record address, social secu-
rity number or other taxpayer identifica-
tion number, and other identifying infor-
mation for each noncustodial parent who
maintains an account at such institution
and who owes past-due support, as identi-
fied by the State by name and social secu-
rity number or other taxpayer identifica-
tion number; and
‘‘(ii) in response to a notice of lien or
levy, encumber 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).
296
‘‘(B) 
REASONABLE
FEES.—The 
State
agency may pay a reasonable fee to a financial
institution for conducting the data match pro-
vided for in subparagraph (A)(i), not to exceed
the actual costs incurred by such financial insti-
tution.
‘‘(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 institu-
tion 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 Fed-
eral or State commercial savings bank, in-
297
cluding savings association or cooperative
bank, Federal- or State-chartered credit
union, benefit association, insurance com-
pany, safe deposit company, money-market
mutual fund, or any similar entity author-
ized to do business in the State; and
‘‘(ii) ACCOUNT.—The term ‘account’
means a demand deposit account, checking
or negotiable withdrawal order account,
savings account, time deposit account, or
money-market mutual fund account.’’.
SEC. 273. ENFORCEMENT OF ORDERS AGAINST PATERNAL
OR MATERNAL GRANDPARENTS IN CASES OF
MINOR PARENTS.
Section 466(a) (42 U.S.C. 666(a)), as amended by
sections 215, 217(a), 223, 265, 269, and 272 of this Act,
is amended by adding at the end the following new para-
graph:
‘‘(18) ENFORCEMENT OF ORDERS AGAINST PA-
TERNAL
OR
MATERNAL
GRANDPARENTS.—Proce-
dures 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 is receiving assistance under the State
program under part A, shall be enforceable, jointly
298
and severally, against the parents of the noncusto-
dial parents of such child.’’.
SEC. 274. NONDISCHARGEABILITY IN BANKRUPTCY OF
CERTAIN DEBTS FOR THE SUPPORT OF A
CHILD.
(a) AMENDMENT
TO TITLE 11 OF
THE UNITED
STATES CODE.—Section 523(a) of title 11, United States
Code, is amended—
(1) in paragraph (16) by striking the period at
the end and inserting ‘‘; or’’,
(2) by adding at the end the following:
‘‘(17) to a State or municipality for assistance
provided by such State or municipality under a
State program funded under part A of title IV of the
Social Security Act to the extent that such assist-
ance is provided for the support of a child of the
debtor.’’, and
(3) in paragraph (5), by striking ‘‘(26)’’ and in-
serting ‘‘(2)’’.
(b) AMENDMENT TO THE SOCIAL SECURITY ACT.—
Section 456(b) of the Social Security Act (42 U.S.C.
656(b)) is amended to read as follows:
‘‘(b) NONDISCHARGEABILITY.—A debt (as defined in
section 101 of title 11 of the United States Code) to a
State (as defined in such section) or municipality (as de-
299
fined in such section) for assistance provided by such
State or municipality under a State program funded under
part A of title IV is not dischargeable under section 727,
1141, 1228(a), 1228(b), or 1328(b) of title 11 of the Unit-
ed States Code to the extent that such assistance is pro-
vided for the support of a child of the debtor (as defined
in such section).’’.
(c) APPLICATION OF AMENDMENTS.—The amend-
ments made by this section apply only with respect to
cases commenced under title 11 of the United States Code
after the effective date of this section.
Subtitle H—Medical Support
SEC. 276. 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 through an administrative process established
300
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 take effect on the date of the enactment
of this Act.
(2) PLAN AMENDMENTS NOT REQUIRED UNTIL
JULY 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 first plan
year beginning on or after July 1, 1996, if—
(A) during the period following the day be-
fore the date of enactment of this Act and be-
fore the first plan year, the plan is operated in
accordance with the requirements of the amend-
ments made by this section; and
(B) the plan amendment applies retro-
actively to the period specified in subparagraph
(A).
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 paragraph.
301
SEC. 277. ENFORCEMENT OF ORDERS FOR HEALTH CARE
COVERAGE.
Section 466(a) (42 U.S.C. 666(a)), as amended by
sections 215, 217(a), 223, 265, 269, 272, and 273 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 established or
modified pursuant to this part shall include a provi-
sion for the health care coverage of the child, and
in the case in which a noncustodial parent provides
such coverage and changes employment, and the new
employer provides 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.’’.
Subtitle I—Enhancing Responsibil-
ity and Opportunity for Non-
Residential Parents
SEC. 281. GRANTS TO STATES FOR ACCESS AND VISITATION
PROGRAMS.
Part D of title IV (42 U.S.C. 651–669) is amended
by adding at the end the following:
302
‘‘SEC. 469A. GRANTS TO STATES FOR ACCESS AND VISITA-
TION PROGRAMS.
‘‘(a) IN GENERAL.—The Secretary shall make grants
under this section to enable States to establish and admin-
ister programs to support and facilitate noncustodial par-
ents’ access to and visitation of their children, by means
of activities including mediation (both voluntary and man-
datory), counseling, education, development of parenting
plans, visitation enforcement (including monitoring, super-
vision and neutral drop-off and pickup), and development
of guidelines for visitation and alternative custody ar-
rangements.
‘‘(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 sub-
section (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 chil-
dren in the State living with only 1 biological parent
303
bears to the total number of such children in all
States.
‘‘(2) MINIMUM ALLOTMENT.—The Administra-
tion for Children and Families shall adjust allot-
ments to States under paragraph (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 sub-
section (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 con-
tracts with courts, local public agencies, or non-prof-
it private entities;
‘‘(2) shall not be required to operate such pro-
grams on a statewide basis; and
304
‘‘(3) shall monitor, evaluate, and report on such
programs in accordance with regulations prescribed
by the Secretary.’’.
Subtitle J—Effect of Enactment
SEC. 291. EFFECTIVE DATES.
(a) IN GENERAL.—Except as otherwise specifically
provided (but subject to subsections (b) and (c))—
(1) the provisions of this title requiring the en-
actment or amendment of State laws under section
466 of the Social Security Act, or revision of State
plans under section 454 of such Act, are effective
with respect to periods beginning on and after Octo-
ber 1, 1996; and
(2) all other provisions of this title are effective
upon the date of the enactment of this Act.
(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 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 sen-
305
tence, 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 compli-
ance with any requirement enacted by this title if the State
is unable to so comply without amending the State con-
stitution until the earlier of—
(1) 1 year after the effective date of the nec-
essary State constitutional amendment; or
(2) 5 years after the date of the enactment of
this Act.
TITLE III—FOOD ASSISTANCE
Subtitle A—Food Stamps
SEC. 301. SHORT TITLE.
This subtitle may be cited as ‘‘The Food Stamp Act
Amendments of 1996’’.
PART 1—BUDGETARY PROPOSALS
SEC. 311. INCLUDE CHILDREN UNDER 22 YEARS OLD IN
THEIR PARENTS’ HOUSEHOLDS.
Section 3(i) of the Food Stamp Act of 1977 (7 U.S.C.
2012(i)) is amended by striking the first parenthetical
phrase in the second sentence.
306
SEC. 312. USE THE COST OF THE THRIFTY FOOD PLAN FOR
ALLOTMENT ADJUSTMENTS.
Section 3(o) of the Food Stamp Act of 1977 (7
U.S.C. 2012(o)) is amended—
(1) in clause (11), by inserting ‘‘until October
1, 1996,’’ after ‘‘thereafter,’’; and
(2) by adding a new third sentence at the end
as follows: ‘‘On October 1, 1996, and each October
1 thereafter, adjust the cost of such diet to reflect
the cost of the thrifty food plan in the preceding
June, and round the result to the nearest lower dol-
lar increment for each household size.’’.
SEC. 313. LOWER AGE FOR EXCLUDING STUDENTS’ EARN-
INGS.
Section 5(d)(7) of the Food Stamp Act of 1977 (7
U.S.C. 2014(d)(7)) is amended by striking ‘‘is 21 years
of age or younger’’ and inserting ‘‘has not reached the
age of 18’’.
SEC. 314. COUNT GOVERNMENTAL ENERGY ASSISTANCE AS
INCOME.
(a) Section 5(d)(11) of the Food Stamp Act of 1977
(7 U.S.C. 2014(d)) is amended to read as follows—
‘‘(11) a 1-time payment or allowance made
under a Federal or State law for the costs of weath-
erization or emergency repair or replacement of an
307
unsafe or inoperative furnace or other heating or
cooling device,’’.
(b) Section 5(e) of the Food Stamp Act of 1977 (7
U.S.C. 2014(e)) is amended by striking ‘‘If a State agency
elects’’ and all that follows through ‘‘season for which it
was provided.’’.
(c) Section 5(k) of the Food Stamp Act of 1977 (7
U.S.C. 2014(k)) is amended by—
(1) striking, in paragraph (1)(B), ‘‘, not includ-
ing energy or utility-cost assistance,’’;
(2) striking paragraph (2)(C); and
(3) adding at the end the following—
‘‘(4)(A) For purposes of subsection (d)(1), a
payment made under a Federal or State law to pro-
vide energy assistance to a household shall be con-
sidered money payable directly to the household.
‘‘(B) For purposes of subsection (e), an ex-
pense paid on behalf of a household under a
Federal or State law to provide energy assist-
ance shall be considered an out-of-pocket ex-
pense incurred and paid by the household.’’.
(d) Section 2605(f) of the Low-Income Home Energy
Assistance Act of 1981 (42 U.S.C. 8624(f)) is amended
by—
308
(1) striking ‘‘(1) Notwithstanding any other
provision of law unless’’ and inserting ‘‘Notwith-
standing any other provision of law except the Food
Stamp Act of 1977 (7 U.S.C. 2011 et seq.), and
any’’;
(2) striking, in paragraph (1), ‘‘food stamps,’’;
and
(3) striking paragraph (2).
SEC. 315. REDUCE THE STANDARD DEDUCTION.
Section 5(e) of the Food Stamp Act of 1977 (7
U.S.C. 2014(e)) is amended by striking the first two sen-
tences and inserting—‘‘The Secretary shall allow a stand-
ard deduction for each household in the 48 contiguous
States and the District of Columbia, Alaska, Hawaii,
Guam, and the Virgin Islands of the United States of—
‘‘(i) for fiscal year 1996, $130, $222, $183,
$260, and $114, respectively;
‘‘(ii) for fiscal years 1997 through 2000, $122,
$208, $171, $244, and $106, respectively; and
‘‘(iii) on October 1, 2000, and each October 1
thereafter, the Secretary shall adjust the standard
deduction to the nearest lower dollar increment to
reflect changes in the Consumer Price Index for all
urban consumers published by the Bureau of Labor
309
Statistics, for items other than food, for the 12-
month period ending the preceding June 30.’’.
SEC. 316. PROVIDE A STATE OPTION TO MANDATE USE OF
STANDARD UTILITY ALLOWANCES.
Section 5(e) of the Food Stamp Act of 1977 (7
U.S.C. 2014(e)) is amended by inserting before ‘‘No such
allowance may be used’’ the following new sentence: ‘‘A
State agency may make the use of a standard utility allow-
ance mandatory for all households with qualifying utility
costs if (1) the State agency has developed one or more
standards that include the cost of heating and cooling and
one or more standards that do not include the cost of heat-
ing and cooling; and (2) the Secretary finds that the
standards will not result in increased program costs.’’.
SEC. 317. REVISE INDEXATION OF VEHICLE ASSET LIMITA-
TION.
The first sentence of section 5(g)(2) of the Food
Stamp Act of 1977 (7 U.S.C. 2014(g)(2)) is amended by
striking ‘‘through September 30, 1996’’ and all that fol-
lows through ‘‘such date and on’’ and inserting ‘‘and shall
be adjusted on October 1, 1996, and’’.
SEC. 318. COUNT VENDOR PAYMENTS FOR TRANSITIONAL
HOUSING AS INCOME.
Section 5(k)(2) of the Food Stamp Act of 1977 (7
U.S.C. 2014(k)(2)) is amended by—
310
(1) striking subparagraph (F); and
(2) redesignating subparagraphs (G) and (H)
as subparagraphs (F) and (G), respectively.
SEC. 319. STRENGTHEN PENALTIES FOR NONCOMPLIANCE
WITH WORK REQUIREMENTS.
(a) Section 6(d) of the Food Stamp Act of 1977 (7
U.S.C. 2015(d)) is amended by striking ‘‘(d)(1) Unless
otherwise exempted by the provisions’’ and all that follows
through the end of paragraph (1) and inserting the follow-
ing—
‘‘(d)(1)(A) No physically and mentally fit individual
over the age of 15 and under the age of 60 shall be eligible
to participate in the food stamp program if the individ-
ual—
‘‘(i) refuses, at the time of application and
every 12 months thereafter, to register for employ-
ment in a manner prescribed by the Secretary;
‘‘(ii) refuses without good cause to participate
in an employment and training program under para-
graph (4), to the extent required by the State agen-
cy;
‘‘(iii) refuses without good cause to accept an
offer of employment, at a site or plant not subject
to a strike or lockout at the time of the refusal, at
a wage not less than the higher of—
311
‘‘(I) the applicable Federal or State mini-
mum wage; or
‘‘(II) 80 percent of the wage that would
have governed had the minimum hourly rate
under section 6(a)(1) of the Fair Labor Stand-
ards Act of 1938 (29 U.S.C. 206(a)(1)) been
applicable to the offer of employment;
‘‘(iv) refuses without good cause to provide a
State agency with sufficient information to allow the
State agency to determine the employment status or
the job availability of the individual;
‘‘(v) voluntarily and without good cause—
‘‘(I) quits a job; or
‘‘(II) reduces work effort and, after the re-
duction, the individual is working less than 30
hours per week; or
‘‘(vi) fails to comply with section 20.
‘‘(B) If an individual who is the head of a household
becomes ineligible to participate in the food stamp pro-
gram under subparagraph (A), the household shall, at the
option of the State agency, become ineligible to participate
in the food stamp program for a period, determined by
the State agency, that does not exceed the lesser of—
‘‘(i) the duration of the ineligibility of the indi-
vidual determined under subparagraph (C); or
312
‘‘(ii) 180 days.
‘‘(C)(i) The first time that an individual becomes in-
eligible to participate in the food stamp program under
subparagraph (A), the individual shall remain ineligible
until the later of—
‘‘(I) the date the individual becomes eligible
under subparagraph (A);
‘‘(II) the date that is 1 month after the date
the individual became ineligible; or
‘‘(III) a date determined by the State agency
that is not later than 3 months after the date the
individual became ineligible.
‘‘(ii) The second time that an individual becomes in-
eligible to participate in the food stamp program under
subparagraph (A), the individual shall remain ineligible
until the later of—
‘‘(I) the date the individual becomes eligible
under subparagraph (A);
‘‘(II) the date that is 3 months after the date
the individual became ineligible; or
‘‘(III) a date determined by the State agency
that is not later than 6 months after the date the
individual became ineligible.
‘‘(iii) The third or subsequent time that an individual
becomes ineligible to participate in the food stamp pro-
313
gram under subparagraph (A), the individual shall remain
ineligible until the later of—
‘‘(I) the date the individual becomes eligible
under subparagraph (A);
‘‘(II) the date that is 6 months after the date
the individual became ineligible;
‘‘(III) a date determined by the State agency;
or
‘‘(IV) at the option of the State agency, perma-
nently.
‘‘(D)(i) The Secretary shall determine the meaning
of ‘good cause’ for the purpose of this paragraph.
‘‘(ii) The Secretary shall determine the meaning of
‘voluntarily quitting’ and ‘reduces work effort’ for the pur-
pose of this paragraph.
‘‘(iii)(I) Subject to subclause (II) and clauses (i) and
(ii), a State agency shall determine—
‘‘(aa) the meaning of any term in subparagraph
(A);
‘‘(bb) the procedures for determining whether
an individual is in compliance with a requirement
under subparagraph (A); and
‘‘(cc) whether an individual is in compliance
with a requirement under subparagraph (A).
314
‘‘(II) A State agency may not determine a meaning,
procedure, or determination under subclause (I) to be less
restrictive than a comparable meaning, procedure, or de-
termination under a State program funded under part A
of title IV of the Social Security Act (42 U.S.C. 601 et
seq.).
‘‘(iv) For the purpose of subparagraph (A)(v), an em-
ployee of the Federal Government, a State, or a political
subdivision of a State, who is dismissed for participating
in a strike against the Federal Government, the State, or
the political subdivision of the State shall be considered
to have voluntarily quit without good cause.
‘‘(v)(I) For the purpose of this paragraph, the State
agency shall allow the household to select any adult parent
of a child in the household as the head of the household
if all adult household members making application under
the food stamp program agree to the selection.
‘‘(II) A household may designate the head of the
household under subclause (I) each time the household is
certified for participation in the food stamp program, but
may not change the designation during a certification pe-
riod unless there is a change in the composition of the
household.
‘‘(vi) If the head of a household leaves the household
during a period in which the household is ineligible to par-
315
ticipate in the food stamp program under subparagraph
(B)—
‘‘(I) the household shall, if otherwise eligible,
become eligible to participate in the food stamp pro-
gram; and
‘‘(II) if the head of the household becomes the
head of another household, the household that be-
comes headed by the individual shall become ineli-
gible to participate in the food stamp program for
the remaining period of ineligibility.’’.
(b)(1) The second sentence of section 17(b)(2) of the
Food Stamp Act of 1977 (7 U.S.C. 2026(b)(2)) is amend-
ed by striking ‘‘6(d)(1)(i)’’ and inserting ‘‘6(d)(1)(A)(i)’’.
(2) Section 20 of the Food Stamp Act of 1977 (7
U.S.C. 2029) is amended by striking subsection (f) and
inserting the following—
‘‘(f) An individual or a household may become ineli-
gible under section 6(d)(1) to participate in the food
stamp program for failing to comply with this section.’’.
SEC. 320. PROVIDE A STATE OPTION TO REQUIRE CO-
OPERATION WITH CHILD SUPPORT ENFORCE-
MENT AGENCIES.
(a) Section 6 of the Food Stamp Act of 1977 (7
U.S.C. 2015) is amended by adding new subsections (i)
and (j) at the end as follows:
316
‘‘(i) At the option of the State, no natural or adoptive
parent or other individual who is living with and exercising
parental control over a child under the age of eighteen
who has an absent parent shall be eligible to participate
in the food stamp program unless the natural or adoptive
parent or individual cooperates with the State agency ad-
ministering the program under part D of title IV of the
Social Security Act (or is determined by such State agency
to have good cause not to cooperate) in (1) establishing
the paternity of such child (if born out of wedlock), and
(2) obtaining support for such child or for the parent or
individual and for such child. Notwithstanding any provi-
sion of part D of title IV of the Social Security Act, no
person required under this subsection to cooperate with
the State agency administering the program under part
D of title IV of the Social Security Act may be required
to pay a fee or other costs for services provided under such
program.
‘‘(j)(1) At the option of a State agency, subject to
paragraphs (2) and (3), a putative or identified non-custo-
dial 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
317
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)(A) The Secretary, in consultation with the Sec-
retary of Health and Human Services, shall develop guide-
lines on what constitutes a refusal to cooperate under
paragraph (1).
‘‘(B) The State agency shall develop procedures,
using guidelines developed under subparagraph (A), for
determining whether an individual is refusing to cooperate
under paragraph (1).
‘‘(3) Paragraph (1) shall not require the payment of
a fee or other cost for services provided under part D of
title IV of the Social Security Act (42 U.S.C. 651 et seq.).
‘‘(4) The State agency shall have in effect, with re-
spect to information collected by the State agency admin-
istering the program established under part D of title IV
of the Social Security Act (42 U.S.C. 651 et seq.)—
‘‘(A) procedures for obtaining such information
which are compatible with procedures established
under and consistent with the requirements of that
part; and
318
‘‘(B) safeguards on the maintenance, disclosure,
and use of such information which comply with
standards and requirements of that part with re-
spect to such safeguards.’’.
SEC. 321. PROVIDE FOR DISQUALIFICATION FOR RECEIPT
OF MULTIPLE FOOD STAMP BENEFITS.
Section 6 of the Food Stamp Act of 1977 (7 U.S.C.
2015), as amended by this Act, is further amended by
adding at the end the following new subsection—
‘‘(k) An individual shall be ineligible to participate
in the food stamp program as a member of any household
for a 10-year period if the individual is found by a State
agency to have made, or is convicted in Federal or State
court of having made, a fraudulent statement or represen-
tation with respect to the identity or place of residence
of the individual in order to receive multiple benefits si-
multaneously under the food stamp program.’’.
SEC. 322. ESTABLISH ADDITIONAL WORK REQUIREMENT.
(a) Section 6 of the Food Stamp Act of 1977 (7
U.S.C. 2015), as amended by this Act, is further amended
by adding at the end the following new subsection—
‘‘(l)(1) In this subsection, the term ‘work program’
means—
‘‘(A) a program under the Job Training Part-
nership Act (29 U.S.C. 1501 et seq.);
319
‘‘(B) a program under section 236 of the Trade
Act of 1974 (19 U.S.C. 2296); or
‘‘(C) a program of employment or training op-
erated or supervised by a State or local government
which meets standards deemed appropriate by the
Governor, including a program under section
6(d)(4).
‘‘(2) An individual is not eligible to participate in the
food stamp program as a member of any household if, dur-
ing the preceding 12 months, the individual received food
stamp benefits for not less than 6 months during which
the individual did not—
‘‘(A) work 20 hours or more per week, averaged
monthly;
‘‘(B) participate in a workfare program under
section 20 or a comparable State or local workfare
program;
‘‘(C) participate in and comply with the require-
ments of an approved employment and training pro-
gram under subsection (d)(4); or
‘‘(D) participate in and comply with the re-
quirements of a work program for 20 hours or more
per week.
‘‘(3) Paragraph (2) shall not apply to an individual
if the individual is—
320
‘‘(A) under 18 or over 50 years of age;
‘‘(B) medically certified as physically or men-
tally unfit for employment;
‘‘(C) a parent or other member of a household
with a dependent child under 18 years of age;
‘‘(D) a pregnant woman;
‘‘(E) unable to participate in an employment
and training program because the State in which the
individual resides does not provide sufficient oppor-
tunities for participation in such programs; or
‘‘(F) otherwise exempt under section 6(d)(2).
‘‘(4)(A) The Secretary may waive the applicability of
paragraph (2) to any group of individuals in the State if
the Secretary makes a determination that the area in
which the individuals reside—
‘‘(i) has an unemployment rate of over 7 per-
cent; or
‘‘(ii) does not have a sufficient number of jobs
to provide employment for the individuals.
‘‘(B) The Secretary shall report the basis for a waiver
under subparagraph (A) to the Committee on Agriculture
of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate.’’.
321
(b) Section 16(h) of the Food Stamp Act of 1977
(7 U.S.C. 2025(h)) is amended by striking paragraph (1)
and inserting the following—
‘‘(1)(A) To carry out employment and training
programs, the Secretary shall reserve for allocation
to State agencies from funds made available for each
fiscal year under section 18(a)(1) the amount of—
‘‘(i) for fiscal year 1996, $75,000,000;
‘‘(ii) for fiscal year 1997, $80,000,000;
‘‘(iii) for fiscal year 1998, $90,000,000;
‘‘(iv) for fiscal year 1999, $95,000,000;
‘‘(v) for fiscal year 2000, $95,000,000;
‘‘(vi) for fiscal year 2001, $95,000,000;
and
‘‘(vii) for fiscal year 2002, $95,000,000.
‘‘(B) A State agency shall not reduce non-Fed-
eral expenditures to carry out employment and
training programs during any fiscal year after fiscal
year 1995 from the level of State agency expendi-
tures to carry out employment and training pro-
grams in fiscal year 1995.
‘‘(C) The Secretary shall allocate the amounts
reserved under subparagraph (A) among the State
agencies using a reasonable formula (as determined
322
by the Secretary) that considers the population in
each State affected by section 6(d)(4)(O).
‘‘(D)(i) A State agency promptly shall notify
the Secretary if the State agency determines that
the State agency will not expend all of the funds al-
located to the State agency under subparagraph (C).
‘‘(ii) On notification under clause (i), the Sec-
retary shall reallocate the funds that the State agen-
cy will not expend as the Secretary considers appro-
priate and equitable.
‘‘(E) 
Notwithstanding 
subparagraphs 
(A)
through (D), the Secretary shall ensure that each
State agency operating an employment and training
program shall receive not less than $50,000 in each
fiscal year.’’.
(c) Section 16(h)(2) of the Food Stamp Act of 1977
(7 U.S.C. 2025(h)(2)) is amended by inserting before the
period at the end the following—
‘‘, including the costs for case management and case-
work to facilitate the transition from economic dependency
to self-sufficiency through work’’.
323
SEC. 323. ESTABLISH COMPARABLE TREATMENT FOR DIS-
QUALIFICATION.
(a) Section 6 of the Food Stamp Act of 1977 (7
U.S.C. 2015), as amended by this Act, is further amended
by adding at the end the following new subsection—
‘‘(m)(1) If a disqualification is imposed on a member
of a household for a failure of the member to perform an
action required under a Federal, State, or local law relat-
ing to a means tested public assistance program, the State
agency may impose the same disqualification on the mem-
ber of the household under the food stamp program.
‘‘(2) If a disqualification is imposed under paragraph
(1) for a failure of an individual to perform an action re-
quired under part A of title IV of the Social Security Act
(42 U.S.C. 601 et seq.), the State agency may use the
rules and procedures that apply under part A of title IV
of the Social Security Act (42 U.S.C. 601 et seq.) to im-
pose the same disqualification under the food stamp pro-
gram.
‘‘(3) A member of a household disqualified under
paragraph (1) may, after the disqualification period has
expired, apply for benefits under this Act and shall be
treated as a new applicant, except that a prior disquali-
fication under subsection (d) shall be considered in deter-
mining eligibility.’’.
324
(b) Section 11(e) of the Food Stamp Act of 1977 (7
U.S.C. 2020(e)) is amended—
(1) in paragraph (24), by striking ‘‘and’’ at the
end;
(2) in paragraph (25), by striking the period at
the end and inserting a semicolon; and
(3) by adding at the end the following—
‘‘(26) the guidelines the State agency uses in
carrying out section 6(m); and’’.
(c) Section 6(d)(2)(A) of the Food Stamp Act of
1977 (7 U.S.C. 2015(d)(2)(A)) is amended by striking
‘‘that is comparable to a requirement of paragraph (1)’’.
SEC. 324. REPEAL MINIMUM BENEFIT ADJUSTMENTS.
Section 8(a) of the Food Stamp Act of 1977 (7
U.S.C. 2017(a)) is amended by striking in the proviso ‘‘,
and shall be adjusted’’ and all that follows through ‘‘$5’’.
SEC. 325. PRORATE BENEFITS ON RECERTIFICATION.
Section 8(c)(2)(B) of the Food Stamp Act of 1977
(7 U.S.C. 2017(c)(2)(B)) is amended by striking ‘‘of more
than one month’’.
325
SEC. 326. PROHIBIT ALLOTMENT INCREASES FOR PEN-
ALTIES UNDER OTHER WELFARE AND PUB-
LIC ASSISTANCE PROGRAMS.
Section 8 of the Food Stamp Act of 1977 (7 U.S.C.
2017) is amended by striking subsection (d) and inserting
the following—
‘‘(d) If the benefits of a household are reduced under
a Federal, State, or local law relating to a welfare or pub-
lic assistance program because of a penalty or for the fail-
ure to perform an action required under the law or pro-
gram, for the duration of the reduction the household may
not receive an increased allotment as the result of a de-
crease in the income of the household to the extent that
the decrease is the result of the reduction. The State agen-
cy may reduce the allotment of the household by not more
than 25 percent.’’.
SEC. 327. PERMIT STATES TO DETERMINE MOST USEFUL
AND RELIABLE MEANS OF VERIFICATION.
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
326
(3) adding at the end the following new sub-
section—
‘‘(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 ver-
ification system established under section 1137 of the So-
cial Security Act (42 U.S.C. 1320b–7) or the immigration
status verification system established under section
1137(d) of the Social Security Act (42 U.S.C. 1320b–
7Id)).’’.
SEC. 328. EXPAND CLAIMS COLLECTION METHODS.
(a) Section 13 of the Food Stamp Act of 1977 (7
U.S.C. 2022) is amended by—
(1) striking subsection (b) and inserting the fol-
lowing—
‘‘(b)(1) Except as otherwise provided in this sub-
section, a State agency shall collect any overissuance of
coupons issued to a household by—
‘‘(A) reducing the allotment of the household;
‘‘(B) withholding amounts from unemployment
compensation from a member of the household
under subsection (c);
‘‘(C) recovering from Federal pay or a Federal
income tax refund under subsection (d); or
‘‘(D) any other means.
327
‘‘(2) Paragraph (1) shall not apply if the State agen-
cy demonstrates to the satisfaction of the Secretary that
all of the means referred to in paragraph (1) are not cost
effective.
‘‘(3) If a household received an overissuance of cou-
pons without any member of the household being found
ineligible to participate in the program under section
6(b)(1) and a State agency elects to reduce the allotment
of the household under paragraph (1)(A), the State agen-
cy shall reduce the monthly allotment of the household
under paragraph (1)(A) by the greater of—
‘‘(A) 10 percent of the monthly allotment of the
household; or
‘‘(B) $10.
‘‘(4) A State agency shall collect an overissuance of
coupons issued to a household under paragraph (1) in ac-
cordance with requirements established by the State agen-
cy for providing notice, electing a means of payment, and
establishing a time schedule for payment.’’; and
(2) in subsection (d) by—
(A) striking ‘‘as determined under sub-
section (b) and except for claims arising from
an error of the State agency,’’ and inserting ‘‘,
as determined under subsection (b)(1),’’; and
328
(B) inserting before the period at the end
the following—
‘‘or a Federal income tax refund as authorized by sec-
tion 3720A of title 31, United States Code’’.
(b) Section 11(e)(8) of the Food Stamp Act of 1977
(7 U.S.C. 2020(e)(8)) is amended by—
(1) striking ‘‘and excluding claims’’ and all that
follows through ‘‘such section’’; and
(2) inserting before the semicolon at the end
the following—
‘‘or a Federal income tax refund as authorized by sec-
tion 3720A of title 31, United States Code’’.
(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
the following—
‘‘25 percent of the overissuances collected by the
State agency under section 13, except those overissuances
arising from an error of the State agency’’.
(d) Section 6402(d) of the Internal Revenue Code (26
U.S.C. 6402(d)) is amended by—
(1) inserting in paragraph (1) after ‘‘any Fed-
eral agency’’ the following—
329
‘‘(or any State agency that has the responsibility for
the administration of the food stamp program operated
pursuant to the Food Stamp Act of 1977)’’; and
(2) inserting in the second sentence of para-
graph (2) after ‘‘a Federal agency’’ the following:
‘‘(or a State agency that has the responsibility for
the administration of the food stamp program oper-
ated pursuant to the Food Stamp Act of 1977)’’.
SEC. 329. AUTHORIZE STATES TO OPERATE SIMPLIFIED
FOOD STAMP PROGRAMS.
(a) The Food Stamp Act of 1977 (7 U.S.C. 2011 et
seq.) is amended by adding the following new section 24—
‘‘SIMPLIFIED FOOD STAMP PROGRAM
‘‘SEC. 24. (a) In this section, the term ‘Federal costs’
does not include any Federal costs incurred under section
17.
‘‘(b) Subject to subsection (d), a State may elect to
carry out a Simplified Food Stamp Program (referred to
in this section as ‘Simplified Program’) for households de-
scribed in paragraph (c)(1), statewide or in a political sub-
division of the state, in accordance with this section.
‘‘(c) If a State elects to carry out a Simplified Pro-
gram, within the State or a political subdivision of the
State—
‘‘(1) only households in which all members re-
ceive assistance under a State program funded
337
SEC. 346. REVISE EMPLOYMENT AND TRAINING.
(a) IN GENERAL.—Section 6(d)(4) of the Food
Stamp Act of 1977 (7 U.S.C. 2015(d)(4)) is amended—
(1) in subparagraph (A)—
(A) by striking ‘‘Not later than April 1,
1987, each’’ and inserting ‘‘Each’’;
(B) by inserting ‘‘work,’’ after ‘‘skills,
training,’’; and
(C) by adding at the end the following—
‘‘Each component of an employment and training
program carried out under this paragraph may be deliv-
ered through a statewide workforce development system,
unless the component is not available locally through the
statewide workforce development system.’’;
(2) in subparagraph (B)—
(A) in the matter preceding clause (i), by
striking the colon at the end and inserting the
following—
‘‘, except that the State agency shall retain the option
to apply employment requirements prescribed under this
subparagraph to a program applicant at the time of appli-
cation:’’;
(B) in clause (i), by striking ‘‘with terms
and conditions’’ and all that follows through
‘‘time of application’’; and
(C) in clause (iv)—