TASK DEFINITION: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Facilitating Access to Speedy 
Transmissions for Networks, E-commerce and Telecommunications (FASTNET) 
Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) The Telecommunications Act of 1996 was enacted to 
        foster the rapid deployment of advanced telecommunications and 
        information technologies and services to all Americans by 
        promoting competition and reducing regulation in 
        telecommunications markets nationwide.
            (2) The Telecommunications Act of 1966 specifically 
        recognized the unique abilities and circumstances of local 
        exchange carriers with fewer than two percent of the Nation's 
        subscriber lines installed in the aggregate nationwide.
            (3) Given the markets two percent carriers typically serve, 
        such carriers are uniquely positioned to accelerate the 
        deployment of advanced services and competitive initiatives for 
        the benefit of consumers in less densely populated regions of 
        the Nation.
            (4) Existing regulations are typically tailored to the 
        circumstances of larger carriers and therefore often impose 
        disproportionate burdens on two percent carriers, impeding such 
        carriers' deployment of advanced telecommunications services 
        and competitive initiatives to consumers in less densely 
        populated regions of the Nation.
            (5) Reducing regulatory burdens on two percent carriers 
        will enable such carriers to devote additional resources to the 
        deployment of advanced services and to competitive initiatives 
        to benefit consumers in less densely populated regions of the 
        Nation.
            (6) Reducing regulatory burdens on two percent carriers 
        will increase such carriers' ability to respond to marketplace 
        conditions, allowing them to accelerate deployment of advanced 
        services and competitive initiatives to benefit consumers in 
        less densely populated regions of the Nation.
    (b) Purposes.--The purposes of this Act are--
            (1) to accelerate the deployment of advanced services and 
        the development of competition in the telecommunications 
        industry for the benefit of consumers in all regions of the 
        Nation, consistent with the Telecommunications Act of 1996, by 
        reducing regulatory burdens on local exchange carriers with 
        fewer than two percent of the Nation's subscriber lines 
        installed in the aggregate nationwide;
            (2) to improve such carriers' flexibility to undertake such 
        initiatives; and
            (3) to allow such carriers to redirect resources from 
        paying the costs of such regulatory burdens to increasing 
        investment in such initiatives.

SEC. 3. DEFINITION.

    Section 3 of the Communications Act of 1934 (47 U.S.C. 153) is 
amended--
            (1) by redesignating paragraphs (51) and (52) as paragraphs 
        (52) and (53), respectively; and
            (2) by inserting after paragraph (50) the following:
            ``(51) Two percent carrier.--The term `two percent carrier' 
        means an incumbent local exchange carrier within the meaning of 
        section 251(h) whose access lines, when aggregated with the 
        access lines of any local exchange carrier that such incumbent 
        local exchange carrier directly or indirectly controls, is 
        controlled by, or is under common control with, are fewer than 
        two percent of the Nation's subscriber lines installed in the 
        aggregate nationwide.''.

SEC. 4. REGULATORY RELIEF FOR TWO PERCENT CARRIERS.

    Title II of the Communications Act of 1934 is amended by adding at 
the end thereof a new part IV as follows:

         ``PART IV--PROVISIONS CONCERNING TWO PERCENT CARRIERS

``SEC. 281. REDUCED REGULATORY REQUIREMENTS FOR TWO PERCENT CARRIERS.

    ``(a) Commission To Take Into Account Differences.--In adopting 
rules that apply to incumbent local exchange carriers (within the 
meaning of section 251(h)), the Commission shall separately evaluate 
the burden that any proposed regulatory, compliance, or reporting 
requirements would have on two percent carriers.
    ``(b) Effect of Commission's Failure To Take Into Account 
Differences.--If the Commission adopts a rule that applies to incumbent 
local exchange carriers and fails to separately evaluate the burden 
that any proposed regulatory, compliance, or reporting requirement 
would have on two percent carriers, the Commission shall not enforce 
the rule against two percent carriers unless and until the Commission 
performs such separate evaluation.
    ``(c) Additional Review Not Required.--Nothing in this section 
shall be construed to require the Commission to conduct a separate 
evaluation under subsection (a) if the rules adopted do not apply to 
two percent carriers, or such carriers are exempted from such rules.
    ``(d) Savings Clause.--Nothing in this section shall be construed 
to prohibit any size-based differentiation among carriers mandated by 
this Act, chapter 6 of title 5, United State Code, the Commission's 
rules, or any other provision of law.
    ``(e) Effective Date.--The provisions of this section shall apply 
with respect to any rule adopted on or after the date of enactment of 
this section.

``SEC. 282. LIMITATION OF REPORTING REQUIREMENTS.

    ``(a) Limitation.--The Commission shall not require a two percent 
carrier--
            ``(1) to file cost allocation manuals or to have such 
        manuals audited or attested, but a two percent carrier that 
        qualifies as a class A carrier shall annually certify to the 
        Commission that the two percent carrier's cost allocation 
        complies with the rules of the Commission; or
            ``(2) to file Automated Reporting and Management 
        Information Systems (ARMIS) reports, except for purposes of 
        section 224.
    ``(b) Preservation of Authority.--Except as provided in subsection 
(a), nothing in this Act limits the authority of the Commission to 
obtain access to information under sections 211, 213, 215, 218, and 220 
with respect to two percent carriers.

``SEC. 283. INTEGRATED OPERATION OF TWO PERCENT CARRIERS.

    ``The Commission shall not require any two percent carrier to 
establish or maintain a separate affiliate to provide any common 
carrier or noncommon carrier services, including local and 
interexchange services, commercial mobile radio services, advanced 
services (within the meaning of section 706 of the Telecommunications 
Act of 1996), paging, Internet, information services or other enhanced 
services, or other services. The Commission shall not require any two 
percent carrier and its affiliates to maintain separate officers, 
directors, or other personnel, network facilities, buildings, research 
and development departments, books of account, financing, marketing, 
provisioning, or other operations.

``SEC. 284. PARTICIPATION IN TARIFF POOLS AND PRICE CAP REGULATION.

    ``(a) NECA Pool.--The participation or withdrawal from 
participation by a two percent carrier of one or more study areas in 
the common line tariff administered and filed by the National Exchange 
Carrier Association or any successor tariff or administrator shall not 
obligate such carrier to participate or withdraw from participation in 
such tariff for any other study area. The Commission may require a two 
percent carrier to give 60 days notice of its intent to participate or 
withdraw from participation in such common line tariff with respect to 
a study area. Except as permitted by section 310(f)(3), a two percent 
carrier's election under this subsection shall be binding for one year 
from the date of the election.
    ``(b) Price Cap Regulation.--A two percent carrier may elect to be 
regulated by the Commission under price cap rate regulation, or elect 
to withdraw from such regulation, for one or more of its study areas. 
The Commission shall not require a carrier making an election under 
this subsection with respect to any study area or areas to make the 
same election for any other study area. Except as permitted by section 
310(f)(3), a two percent carrier's election under this subsection shall 
be binding for one year from the date of the election.

``SEC. 285. DEPLOYMENT OF NEW TELECOMMUNICATIONS SERVICES BY TWO 
              PERCENT COMPANIES.

    ``(a) One-Day Notice of Deployment.--The Commission shall permit 
two percent carriers to introduce new interstate telecommunications 
services by filing a tariff on one day's notice showing the charges, 
classifications, regulations, and practices therefor, without obtaining 
a waiver, or make any other showing before the Commission in advance of 
the tariff filing. The Commission shall not have authority to approve 
or disapprove the rate structure for such services shown in such 
tariff.
    ``(b) Definition.--For purposes of subsection (a), the term `new 
interstate telecommunications service' means a class or subclass of 
service not previously offered by the two percent carrier that enlarges 
the range of service options available to ratepayers of such carrier.

``SEC. 286. ENTRY OF COMPETING CARRIER.

    ``(a) Pricing Flexibility.--Notwithstanding any other provision of 
this Act, any two percent carrier shall be permitted to de-average its 
interstate switched or special access rates, file tariffs on one day's 
notice, and file contract-based tariffs for interstate switched or 
special access services immediately upon certifying to the Commission 
that a telecommunications carrier unaffiliated with such carrier is 
engaged in facilities-based entry within such carrier's service area. A 
two percent carrier subject to rate-of-return regulation with respect 
to an interstate switched or special access service, for which pricing 
flexibility has been exercised pursuant to this subsection, shall 
compute its interstate rate of return based on the nondiscounted rate 
for such service.
    ``(b) Streamlined Pricing Regulation.--Notwithstanding any other 
provision of this Act, upon receipt by the Commission of a 
certification by a two percent carrier that--
            ``(1) a local exchange carrier, or its affiliate, or
            ``(2) a local exchange carrier operated by, or owned in 
        whole or part by, a governmental authority,
is engaged in facilities-based entry within the two percent carrier's 
service area, the Commission shall regulate the two percent carrier as 
non-dominant and shall not require the tariffing of the interstate 
service offerings of the two percent carrier.
    ``(c) Participation in Exchange Carrier Association Tariff.--A two 
percent carrier that meets the requirements of subsection (a) or (b) of 
this section with respect to one or more study areas shall be permitted 
to participate in the common line tariff administered and filed by the 
National Exchange Carrier Association or any successor tariff or 
administrator, by electing to include one or more of its study areas in 
such tariff.
    ``(d) Definitions.--For purposes of this section:
            ``(1) Facilities-based entry.--The term `facilities-based 
        entry' means, within the service area of a two percent 
        carrier--
                    ``(A) the provision or procurement of local 
                telephone exchange switching or its equivalent; and
                    ``(B) the provision of telephone exchange service 
                to at least one unaffiliated customer.
            ``(2) Contract-based tariff.--The term `contract-based 
        tariff' shall mean a tariff based on a service contract entered 
        into between a two percent carrier and one or more customers of 
        such carrier. Such tariff shall include--
                    ``(A) the term of the contract, including any 
                renewal options;
                    ``(B) a brief description of each of the services 
                provided under the contract;
                    ``(C) minimum volume commitments for each service, 
                if any;
                    ``(D) the contract price for each service or 
                services at the volume levels committed to by the 
                customer or customers;
                    ``(E) a brief description of any volume discounts 
                built into the contract rate structure; and
                    ``(F) a general description of any other 
                classifications, practices, and regulations affecting 
                the contract rate.
            ``(3) Service area.--The term `service area' has the same 
        meaning as in section 214(e)(5).

``SEC. 287. SAVINGS PROVISIONS.

    ``(a) Commission Authority.--Nothing in this part shall be 
construed to restrict the authority of the Commission under sections 
201 through 208.
    ``(b) Rural Telephone Company Rights.--Nothing in this part shall 
be construed to diminish the rights of rural telephone companies 
otherwise accorded by this Act, or the rules, policies, procedures, 
guidelines, and standards of the Commission as of the date of enactment 
of this section.
    ``(c) State Authority.--Nothing in this part shall be construed to 
limit or affect any authority (as of August 1, 2001) of the States over 
charges, classifications, practices, services, facilities, or 
regulations for or in connection with intrastate communications service 
by wire or radio of any carrier.''.

SEC. 5. LIMITATION ON MERGER REVIEW.

    (a) Amendment.--Section 310 of the Communications Act of 1934 (47 
U.S.C. 310) is amended by adding at the end the following:
    ``(f) Deadline for Making Public Interest Determination.--
            ``(1) Time limit.--In connection with any merger between 
        two percent carriers, or the acquisition, directly or 
        indirectly, by a two percent carrier or its affiliate of 
        securities or assets of another carrier or its affiliate, if 
the merged or acquiring carrier remains a two percent carrier after the 
merger or acquisition, the Commission shall make any determinations 
required by this section and section 214, and shall rule on any 
petition for waiver of the Commission's rules or other request related 
to such determinations, not later than 60 days after the date an 
application with respect to such merger or acquisition is submitted to 
the Commission.
            ``(2) Approval absent action.--If the Commission does not 
        approve or deny an application as described in paragraph (1) by 
        the end of the period specified, the application shall be 
        deemed approved on the day after the end of such period. Any 
        such application deemed approved under this subsection shall be 
        deemed approved without conditions.
            ``(3) Election permitted.--The Commission shall permit a 
        two percent carrier to make an election pursuant to section 284 
        with respect to any local exchange facilities acquired as a 
        result of a merger or acquisition that is subject to the review 
        deadline established in paragraph (1) of this subsection.''.
    (b) Effective Date.--The provisions of this section shall apply 
with respect to any application that is submitted to the Commission on 
or after the date of enactment of this Act. Applications pending with 
the Commission on the date of enactment of this Act shall be subject to 
the requirements of this section as if they had been filed with the 
Commission on the date of enactment of this Act.

SEC. 6. TIME LIMITS FOR ACTION ON PETITIONS FOR RECONSIDERATION OR 
              WAIVER.

    (a) Amendment.--Section 405 of the Communications Act of 1934 (47 
U.S.C. 405) is amended by adding to the end the following:
    ``(c) Expedited Action Required.--
            ``(1) Time limit.--Within 90 days after receiving from a 
        two percent carrier a petition for reconsideration or other 
        review filed under this section or a petition for waiver of a 
        rule, policy, or other Commission requirement, the Commission 
        shall issue an order granting or denying such petition. If the 
        Commission fails to act on a petition for waiver subject to the 
        requirements of this section within this 90-day period, the 
        relief sought in such petition shall be deemed granted. If the 
        Commission fails to act on a petition for reconsideration or 
        other review subject to the requirements of this section within 
        such 90-day period, the Commission's enforcement of any rule 
        the reconsideration or other review of which was specifically 
        sought by the petitioning party shall be stayed with respect to 
        that party until the Commission issues an order granting or 
        denying such petition.
            ``(2) Finality of action.--Any order issued under paragraph 
        (1), or any grant of a petition for waiver that is deemed to 
        occur as a result of the Commission's failure to act under 
        paragraph (1), shall be a final order and may be appealed.''.
    (b) Effective Date.--The provisions of this section shall apply 
with respect to any petition for reconsideration or other review or 
petition for waiver that is submitted to the Commission on or after the 
date of enactment of this Act. Petitions for reconsideration or 
petitions for waiver pending with the Commission on the date of 
enactment of this Act shall be subject to the requirements of this 
section as if they had been filed on the date of enactment of this Act.

SEC. 7. NATIONAL SECURITY AND LAW ENFORCEMENT EXCEPTIONS.

    Notwithstanding sections 310 and 405 of the Communications Act of 
1934 (47 U.S.C. 310 and 405), the 60-day time period under section 
310(f)(1) of that Act, as added by section 5 of this Act, and the 90-
day time period under section 405(c)(1) of that Act, as added by 
section 6 of this Act, shall not apply to a petition or application 
under section 310 or 405 if an Executive Branch agency with cognizance 
over national security, law enforcement, or public safety matters, 
including the Department of Defense, Department of Justice, and the 
Federal Bureau of Investigation, submits a written filing to the 
Federal Communications Commission advising the Commission that the 
petition or application may present national security, law enforcement, 
or public safety concerns that may not be resolved within the 60-day or 
90-day time period, respectively.

SOLUTION: Facilitating Access to Speedy Transmissions for Networks, E-commerce and Telecommunications (FASTNET) Act - Amends the Communications Act of 1934 to define a "two percent carrier" (carrier) as an incumbent local exchange carrier whose access lines, when combined with the access lines of any other carrier that such carrier controls, are fewer than two percent of the subscriber lines installed in the aggregate nationwide.Directs the Federal Communications Commission (FCC), in adopting rules that apply to such carriers, to separately evaluate the burden that any proposed regulatory, compliance, or reporting requirements would have on such carriers. Prohibits the FCC from requiring such carriers to: (1) file cost allocation manuals or Automated Reporting and Management Information Systems reports; or (2) establish or maintain a separate affiliate to provide any common carrier or noncommon carrier services.Limits carrier participation in tariff pools and price cap regulation.Requires the FCC to permit such carriers to introduce new interstate telecommunications services by filing a tariff on one day's notice.Allows such carriers to de-average its interstate switched or special access rates, file tariffs on one day's notice, and file contract-based tariffs for switched or special access services upon certifying that a telecommunications carrier unaffiliated with such carrier is engaged in facilities-based entry within such carrier's service area. Limits FCC carrier merger review authority. Provides time limits for FCC action on petitions for reconsideration or waiver of a rule, policy, or requirement.

PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Child Support Enforcement 
Improvements Act of 1993''.

SEC. 2. NONLIABILITY FOR DEPOSITORY INSTITUTIONS PROVIDING FINANCIAL 
              RECORDS TO STATE CHILD SUPPORT ENFORCEMENT AGENCIES IN 
              CHILD SUPPORT CASES.

    (a) In General.--Notwithstanding any other provision of Federal or 
State law, a depository institution shall not be liable under any 
Federal or State law to any person for disclosing any financial record 
of an individual to a State child support enforcement agency attempting 
to establish, modify, or enforce a child support obligation of such 
individual.
    (b) Prohibition of Disclosure of Financial Record Obtained by State 
Child Support Enforcement Agency.--A State child support enforcement 
agency which obtains a financial record of an individual from a 
financial institution pursuant to subsection (a) may disclose such 
financial record only for the purpose of, and to the extent necessary 
in, establishing, modifying, or enforcing a child support obligation of 
such individual.
    (c) Civil Damages for Unauthorized Disclosure.--
            (1) Disclosure by state officer or employee.--If any 
        officer or employee of a State knowingly, or by reason of 
        negligence, discloses a financial record of an individual in 
        violation of subsection (b), such individual may bring a civil 
        action for damages against such State in a district court of 
        the United States.
            (2) No liability for good faith but erroneous 
        interpretation.--No liability shall arise under this subsection 
        with respect to any disclosure which results from a good faith, 
        but erroneous, interpretation of subsection (b).
            (3) Damages.--In any action brought under paragraph (1), 
        upon a finding of liability on the part of the defendant, the 
        defendant shall be liable to the plaintiff in an amount equal 
        to the sum of--
                    (A) the greater of--
                            (i) $1,000 for each act of unauthorized 
                        disclosure of a financial record with respect 
                        to which such defendant is found liable; or
                            (ii) the sum of--
                                    (I) the actual damages sustained by 
                                the plaintiff as a result of such 
                                unauthorized disclosure; plus
                                    (II) in the case of a willful 
                                disclosure or a disclosure which is the 
                                result of gross negligence, punitive 
                                damages; plus
                    (B) the costs of the action.
    (d) Definitions.--For purposes of this section:
            (1) The term ``depository institution'' means--
                    (A) a depository institution, as defined by section 
                3(c) of the Federal Deposit Insurance Act;
                    (B) an institution-affiliated party, as defined by 
                section 3(u) of such Act; and
                    (C) any Federal credit union or State credit union, 
                as defined by section 101 of the Federal Credit Union 
                Act, including an institution-affiliated party of such 
                a credit union, as defined by section 206(r) of such 
                Act.
            (2) The term ``financial record'' has the meaning given 
        such term by section 1101 of the Right to Financial Privacy Act 
        of 1978.
            (3) The term ``State child support enforcement agency'' 
        means a State agency which administers a State program for 
        establishing and enforcing child support obligations.

SEC. 3. ACCESS TO AND USE OF CONSUMER REPORTS BY STATE CHILD SUPPORT 
              ENFORCEMENT AGENCIES IN CHILD SUPPORT CASES.

    (a) In General.--Section 604 of the Fair Credit Reporting Act (15 
U.S.C. 1681b) is amended by adding at the end the following:
            ``(4) To a State child support enforcement agency that is 
        seeking to establish, modify, or enforce a child support 
        obligation against the consumer, if--
                    ``(A) the paternity of the consumer for the child 
                to which the obligation relates has been established or 
                acknowledged by the consumer in accordance with State 
                laws under which the obligation arises (if required by 
                those laws); and
                    ``(B) the State child support enforcement agency--
                            ``(i) before obtaining the consumer report, 
                        provides written notice to the consumer that 
                        the State agency intends to obtain a consumer 
                        report on the consumer; and
                            ``(ii) certifies to the consumer reporting 
                        agency that--
                                    ``(I) the requirement in 
                                subparagraph (A) has been fulfilled (if 
                                applicable); and
                                    ``(II) the notice required by 
                                clause (i) has been provided.''.
    (b) State Child Support Enforcement Agency Defined.--Section 603 of 
such Act (15 U.S.C. 1681a) is amended by adding at the end the 
following new subsection:
    ``(j) The term `State child support enforcement agency' means a 
State agency which administers a State program for establishing and 
enforcing child support obligations.''.

SEC. 4. HEALTH CARE SUPPORT.

    (a) Inclusion in Child Support Orders.--
            (1) In general.--Section 466(a) of the Social Security Act 
        (42 U.S.C. 666(a)) is amended by inserting after paragraph (10) 
        the following:
            ``(11) Not later than the beginning of the 9th calendar 
        month that begins after the date the Secretary prescribes final 
        regulations as provided for in section 467(d)(2):
                    ``(A) Procedures which require any child support 
                order, issued or modified by a court or administrative 
                agency of the State on or after the effective date of 
                guidelines established by the State under section 
                467(d), to provide for coverage of the health care 
                costs of the child in accordance with such guidelines.
                    ``(B) Procedures which require the expedited 
                consideration and disposition of any allegation of 
                noncompliance with an obligation to cover the health 
                care costs of a child imposed under a child support 
                order issued or modified in the State.''.
            (2) State guidelines.--Section 467 of such Act (42 U.S.C. 
        667) is amended by adding at the end the following:
    ``(d)(1) Not later than the beginning of the 9th calendar month 
that begins after the date the Secretary prescribes final regulations 
in accordance with paragraph (2), each State, as a condition for having 
its State plan approved under this part, must establish guidelines for 
the coverage of the health care costs of children pursuant to child 
support orders issued or modified in the State, which guidelines shall 
create a streamlined process that meets the minimum standards 
established by the Secretary in such regulations.
    ``(2)(A) The Secretary shall promulgate regulations which set forth 
minimum standards that any set of guidelines established pursuant to 
paragraph (1) must meet in providing for the coverage of the health 
care costs of children pursuant to child support orders issued or 
modified in the State, including--
            ``(i) the contents of such an order with respect to the 
        coverage of such costs;
            ``(ii) the distribution of responsibility for such costs;
            ``(iii) to the extent that such costs are to be covered 
        through health insurance--
                    ``(I) the provision of such insurance;
                    ``(II) the payment of insurance claims; and
                    ``(III) the rights of the noncustodial parent and 
                the custodial parent to insurance information;
            ``(iv) the circumstances under which a provider of health 
        insurance may or may not deny coverage to a child who is the 
        subject of such an order;
            ``(v) penalties to be imposed on providers of health 
        insurance who fail to comply with the guidelines; and
            ``(vi) how changes in the circumstances of the noncustodial 
        parent and the custodial parent are to be taken into account 
        with respect to the coverage of such costs.
    ``(B) In developing such standards, the Secretary shall ensure 
that, in establishing guidelines pursuant to paragraph (1), the State 
considers the following matters in the following order of importance:
            ``(i) The best interests of the child.
            ``(ii) The financial and other circumstances of the parents 
        of the child.
            ``(iii) Cost-effectiveness.
    ``(3) The preceding subsections of this section shall apply in like 
manner to the guidelines established pursuant to this subsection.''.
            (3) Regulations.--
                    (A) Proposed regulations.--Within 9 months after 
                the date of the enactment of this Act, the Secretary of 
                Health and Human Services shall issue proposed 
                regulations to implement the amendments made by this 
                subsection.
                    (B) Final regulations.--Within 14 months after the 
                date of the enactment of this Act, the Secretary of 
                Health and Human Services shall issue final regulations 
                to implement the amendments made by this subsection.
    (b) Inclusion in Incentive Payments Program of Dependent Health 
Insurance Provided Due to Successful Enforcement.--
            (1) In general.--Section 458(b) of the Social Security Act 
        (42 U.S.C. 658(b)) is amended by adding at the end the 
        following:
    ``(5)(A) For purposes of this section, the successful enforcement 
by the State of a provision of a support order requiring an absent 
parent to obtain health insurance for 1 or more children shall be 
considered the collection of support from the absent parent, without 
regard to the means by which such support is provided.
    ``(B) The amount of support collected in any case in which the 
State successfully enforces a provision of a support order requiring an 
absent parent to obtain health insurance for 1 or more children shall 
be the savings to the State from the provision of such health insurance 
to such children, as determined in accordance with a health insurance 
savings methodology adopted by the State in accordance with regulations 
prescribed by the Secretary.''.
            (2) Regulations.--Within 6 months after the date of the 
        enactment of this Act, the Secretary of Health and Human 
        Services shall prescribe such regulations as may be necessary 
        to implement the amendment made by paragraph (1).
            (3) Study; report.--
                    (A) Study.--The Secretary of Health and Human 
                Services shall conduct a study to determine the 
                incentives that should be provided to encourage States 
                to enforce obligations of noncustodial parents to pay 
                (and obtain medical insurance coverage with respect to) 
                the reasonable and necessary health and dental expenses 
                of the children to whom the noncustodial parents owe 
                such obligations.
                    (B) Report.--Not later than 12 months after the 
                date of the enactment of this Act, the Secretary of 
                Health and Human Services shall submit to the Committee 
                on Ways and Means of the House of Representatives and 
                the Committee on Finance of the Senate the results of 
                the study required by subparagraph (A).

SEC. 5. ANNUAL REPORTS ON STATE COMPLIANCE WITH TIME LIMITS WITHIN 
              WHICH STATE MUST PROVIDE CERTAIN CHILD SUPPORT 
              ASSISTANCE.

    Section 452(a)(10) of the Social Security Act (42 U.S.C. 
652(a)(10)) is amended--
            (1) in subparagraph (H), by striking ``and'';
            (2) in subparagraph (I), by striking the period and 
        inserting ``; and''; and
            (3) by inserting after subparagraph (I) the following:
                    ``(J) compliance, by State, with the standards 
                established pursuant to subsections (h) and (i).''.

SEC. 6. WAGES WITHHELD BY EMPLOYERS TO PAY CHILD SUPPORT OBLIGATIONS 
              REQUIRED TO BE PAID TO STATE WITHIN 10 DAYS; LATE PAYMENT 
              PENALTY IMPOSED ON EMPLOYERS.

    (a) In General.--Section 466(b)(6)(A) of the Social Security Act 
(42 U.S.C. 666(b)(6)(A)) is amended--
            (1) in clause (i), by inserting ``within 10 days after the 
        payment of such wages'' before ``to the appropriate agency''; 
        and
            (2) by adding at the end the following:
            ``(iii) The State must require any employer who fails to 
        make any payment required in accordance with clause (i) within 
        the 10-day period described therein to pay the State a $1,000 
        penalty. The State must expend all penalties collected in 
        accordance with this clause for the operation of the State plan 
        approved under section 454, not later than the end of the 
        calendar quarter following the calendar quarter in which 
        collected.''.
    (b) Effective Date.--
            (1) In general.--Except as provided in paragraph (2) of 
        this subsection, the amendments made by subsection (a) of this 
        section shall take effect on the date of the enactment of this 
        Act and apply to wages paid on or after such date and payments 
        under part D of title IV of the Social Security Act for 
        calendar quarters beginning on or after such date.
            (2) Delay permitted if state legislation required.--In the 
        case of a State plan approved under section 454 of the Social 
        Security Act which the Secretary of Health and Human Services 
        determines requires State legislation (other than legislation 
        appropriating funds) in order for the plan to meet the 
        additional requirements imposed by the amendments made by 
        subsection (a) of this section, the State plan shall not be 
        regarded as failing to comply with the requirements of such 
        section 454 solely on the basis of the failure of the plan to 
        meet such additional requirements before 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.

SEC. 7. NATIONAL PARENT LOCATOR NETWORK.

    Section 453 of the Social Security Act (42 U.S.C. 653) is amended 
by adding at the end the following:
    ``(g) The Secretary shall expand the Parent Locator Service to 
establish a national network based on the comprehensive statewide child 
support enforcement systems developed by the States, to--
            ``(1) allow each State to--
                    ``(A) locate any absent parent who owes child 
                support, for whom a child support obligation is being 
                established, or for whom an order for visitation is 
                being enforced, by--
                            ``(i) accessing the records of other State 
                        agencies and sources of locate information 
                        directly from one computer system to another; 
                        and
                            ``(ii) accessing Federal sources of locate 
                        information in the same fashion;
                    ``(B) access the files of other States to determine 
                whether there are other child support orders involving 
                the same absent parent, and obtain the details of any 
                such order;
                    ``(C) provide for both on-line and batch processing 
                of locate requests, with on-line access restricted to 
                cases in which the information is needed immediately 
                (for such reasons as court appearances) and batch 
                processing used to `troll' data bases to locate 
                individuals or update information periodically; and
                    ``(D) direct locate requests to individual States 
                or Federal agencies, broadcast requests to selected 
                States, or broadcast cases to all States when there is 
                no indication of the source of needed information;
            ``(2) provide for a maximum of 48-hour turnaround time for 
        information to be broadcast and returned to a requesting State; 
        and
            ``(3) provide ready access to courts of the information on 
        the network by location of a computer terminal in each 
        court.''.

                                 

HR 2396 IH----2

SOLUTION: Child Support Enforcement Improvements Act of 1993 - Makes depository institutions not liable under any Federal or State law to any person for disclosing any financial record of an individual to a State child support enforcement agency attempting to establish, modify, or enforce a child support obligation of such individual.  Prohibits such an agency from disclosing such a record for any other purpose and provides for civil damages for unauthorized disclosures. 
Amends the Fair Credit Reporting Act to permit credit reporting agencies to grant access to certain consumer reports to a State child support enforcement agency that is seeking to establish, modify, or enforce a child support obligation against the consumer. 
Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act to:  (1) require State laws to provide for the use of procedures requiring child support orders to provide for coverage of the health care costs of the child in accordance with State guidelines; (2) include under the incentive payments program any dependent medical insurance coverage which is provided due to the successful application of such procedures; (3) direct HHS' Office of Child Support Enforcement to report to the Congress annually on State compliance with specified standards establishing time limits for State response to certain child support assistance requests; (4) require States to assess a penalty against any employer who fails to make timely payment of withheld wages to pay child support obligations of an employee; and (5) direct the Office to develop a national parent locator network which would build on comprehensive statewide child support enforcement systems to allow States to carry out specified parent locator activities. 
Directs the Secretary of Health and Human Services (HHS) to study and report to specified congressional committees on how the successful efforts of States in enforcing obligations of absent parents to pay (and obtain medical insurance coverage with respect to) the health and dental expenses of their children should be rewarded through an incentive payments program.

PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Joshua Omvig Veterans Suicide 
Prevention Act''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) suicide among veterans suffering from post-traumatic 
        stress disorder (PTSD) is a serious problem; and
            (2) the Secretary of Veterans Affairs should take into 
        consideration the special needs of veterans suffering from 
        post-traumatic stress disorder in developing and implementing 
        the comprehensive program required by section 3(a).

SEC. 3. COMPREHENSIVE PROGRAM FOR SUICIDE PREVENTION AMONG VETERANS.

    (a) Program Required.--The Secretary of Veterans Affairs shall 
develop and implement a comprehensive program for reducing the 
incidence of suicide among veterans.
    (b) Program Elements.--
            (1) De-stigmatizing mental health.--The program required by 
        subsection (a) shall include a national mental health campaign 
        to increase awareness in the veteran community that mental 
        health is essential to overall health and that very effective 
        modern treatments can promote recovery from mental illness. The 
        campaign may include the following:
                    (A) Activities targeted at veterans of Operation 
                Iraqi Freedom and Operation Enduring Freedom and the 
                families of such veterans.
                    (B) Monthly messages on the Internet website of the 
                Department of Veterans Affairs that express the theme 
                that mental health is essential to overall health.
                    (C) Inclusion of the theme described in 
                subparagraph (B) in public addresses, speeches, and 
                veterans service organization convention addresses by 
                the Secretary of Veterans Affairs and other senior 
                officials of the Department.
            (2) Training of employees and other personnel.--The program 
        shall provide for mandatory training on suicide and suicide 
        prevention for appropriate employees and contractor personnel 
        (including all medical personnel) of the Department of Veterans 
        Affairs who interact with veterans. Such training shall include 
        information pertinent to the job of such employees and 
        personnel, including information on the following:
                    (A) Recognition of risk factors for suicide.
                    (B) Protocols for responding to crisis situations 
                involving veterans who may be at high risk for suicide.
                    (C) Best practices for suicide prevention.
            (3) Family education and outreach.--The program shall 
        include programs of outreach to, and education for, veterans 
        and families of veterans (including, in particular, veterans of 
        Operation Iraqi Freedom and Operation Enduring Freedom and the 
        families of such veterans) in order to assist the family 
        members of veterans in--
                    (A) eliminating or overcoming stigmas associated 
                with mental illness;
                    (B) understanding issues that arise in the 
                readjustment of veterans to civilian life;
                    (C) identifying signs and symptoms of mental health 
                problems; and
                    (D) encouraging veterans to seek assistance for 
                such problems.
            (4) Peer support program.--
                    (A) In general.--The program shall provide support 
                for the development of a program to enable veterans to 
                serve as peer counselors to--
                            (i) assist other veterans with mental 
                        health issues; and
                            (ii) conduct outreach to veterans and 
                        families of veterans on mental health matters.
                    (B) Training.--The program supported by 
                subparagraph (A) shall include appropriate training for 
                peer counselors under the program, including training 
                in the identification of risk factors for suicide.
                    (C) Peer support counseling as supplemental 
                service.--The program supported by subparagraph (A) 
                shall be offered in addition to other mental health 
                services already offered by the Department and services 
                created pursuant to this Act.
            (5) Health assessments of veterans.--The program shall 
        encourage all veterans, when they apply for benefits provided 
        by the Department, to undergo a mental health assessment at a 
        Department of Veterans Affairs medical facility (including a 
        center established under section 1712A of title 38, United 
        States Code).
            (6) Counseling and treatment of veterans.--The program 
        shall provide for referrals to appropriate counseling and 
        treatment programs for veterans who show signs or symptoms of 
        mental health problems.
            (7) Suicide prevention counselors.--The program shall 
        provide for the designation of a suicide prevention counselor 
        at each Department of Veterans Affairs medical facility other 
        than centers established under section 1712A of title 38, 
        United States Code. Each counselor shall work with local 
        emergency rooms, law enforcement agencies, local mental health 
        organizations, and veterans service organizations to engage in 
        outreach to veterans to inform them of mental health services 
        that are available to them and to improve the coordination of 
        mental health care to veterans at the local level.
            (8) Research on best practices.--
                    (A) In general.--The program shall provide for 
                research on best practices for suicide prevention among 
                veterans.
                    (B) Steering committee.--The Secretary of Veterans 
                Affairs shall develop a steering committee to advise 
                the Secretary of Veterans Affairs on the research 
                described in subparagraph (A). Such steering committee 
                shall be comprised of representatives from the 
                following:
                            (i) National Institute of Mental Health.
                            (ii) Substance Abuse and Mental Health 
                        Services Administration.
                            (iii) Centers for Disease Control and 
                        Prevention.
            (9) Substance abuse treatment.--The program shall provide 
        for referrals to appropriate counseling and treatment programs 
        of veterans who show signs or symptoms of substance abuse.
            (10) 24-hour mental health care.--The program shall include 
        mechanisms to ensure the availability of services for mental 
        health care for veterans on a 24-hour basis.
            (11) Telephone hotline.--The program may include a toll-
        free telephone number (commonly referred to as an ``800 
        number'') through which veterans may obtain information on and 
        referrals to appropriate mental health services. The telephone 
        number shall be serviced by personnel with appropriate mental 
        health training, and shall be operational at all times.
            (12) Other elements.--The program may provide for such 
        other activities and programs to reduce the incidence of 
        suicide among veterans as the Secretary of Veterans Affairs 
        considers appropriate.

SEC. 4. REPORT TO CONGRESS ON SUICIDE PREVENTION PROGRAMS AND 
              ACTIVITIES.

    (a) Report Required.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Veterans Affairs shall submit 
to Congress a report on the programs and activities of the Department 
of Veterans Affairs to reduce the incidence of suicide among veterans.
    (b) Elements.--The report shall include the following:
            (1) A description of the status of the implementation of 
        the program required by section 3(a).
            (2) A description of the scheduled implementation of the 
        program during the two-year period beginning on the date of the 
        enactment of this Act, including the costs of implementation of 
        the program over that period.
            (3) A plan for additional programs and activities to reduce 
        the incidence of suicide among veterans.
            (4) Such recommendations for additional legislative or 
        administrative action as the Secretary considers appropriate to 
        improve and enhance the suicide prevention programs and 
        activities of the Department.
    (c) Consultation.--In developing the plan required by subsection 
(b)(3), the Secretary shall consult with the following:
            (1) The National Institute of Mental Health.
            (2) The Substance Abuse and Mental Health Services 
        Administration.
            (3) Centers for Disease Control and Prevention.

SOLUTION:
Joshua Omvig Veterans Suicide Prevention Act - Expresses the sense of Congress that: (1) suicide among veterans suffering from post-traumatic stress disorder (PTSD) is a serious problem; and (2) the Secretary of Veterans Affairs should take into consideration the special needs of veterans suffering from PTSD in developing and implementing the program required under this Act.

Directs the Secretary to develop and implement a comprehensive program for reducing the incidence of suicide among veterans.

Requires the program to include: (1) a national mental health campaign to increase mental health awareness in the veteran community; (2) mandatory training on suicide and suicide prevention for appropriate Department of Veterans Affairs (VA) employees and contractor personnel; (3) family education and peer support counseling; (4) veterans' health assessments, counseling, and treatment programs; (5) suicide prevention counselors; (6) research on suicide prevention; (7) treatment programs for veterans suffering from substance abuse; (8) 24-hour veterans' mental health care availability; and (9) a toll-free hotline.

Requires a report from the Secretary to Congress on VA programs and activities to reduce the incidence of suicide among veterans.