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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. FINDINGS.

Congress finds the following:
(1) It is in the national interest that all citizens,
including active-duty service members, be allowed to vote in
Federal elections.
(2) Since 1977, active-duty service members serving
overseas or on the United States mainland have been excluded
from fully participating and voting in both general and runoff
Federal elections in American Samoa due to several factors,
including local law that requires active duty military members
to register in person, limited air and mail service between the
U.S. mainland and American Samoa, and delays in the preparation
of new ballots in the case of runoff elections.
(3) American Samoa law requiring uniformed service voters
to register to vote in person is contrary to the Uniformed and
Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et
seq.).
(4) The Uniformed and Overseas Citizens Absentee Voting Act
has been in effect for over 15 years, and American Samoa has
not addressed this discrepancy between Federal and territorial
law, despite notice that the discrepancy exists.
(5) It is necessary to take additional action to ensure
that the votes of uniformed voters are counted in Federal
elections conducted in American Samoa and that active duty
service members (including reservists called to active duty) do
not need to appear in person to register to vote.
(6) It is necessary to state that the Uniformed and
Overseas Citizens Absentee Voting Act supersedes American Samoa
law and American Samoa must comply with this Federal law.
(7) It is also in the national interest that, to the extent
possible, Members of the United States House of Representatives
and non-voting Delegates be elected in the first week of
November in even-numbered years.
(8) Since 1980, when the first election for the
Congressional Delegate from American Samoa was held, there have
been several general elections at which there was no final
resolution of who was elected as the Delegate for the next
Congress, and run-off elections were required.
(9) When the outcome of the Delegate election is not
resolved until a runoff election is held, a final determination
of who the Delegate will be is not made known until late
November.
(10) A delayed outcome may place a newly elected Delegate
in a more junior position to other Members of Congress elected
on the first Tuesday after the first Monday of November in an
election year.
(11) When more than 2 candidates file to run for election
for the office of Delegate, holding a primary election to
reduce the number of candidates to 2 will greatly increase the
likelihood that the general election will produce a candidate
who receives a majority of the votes cast.

SEC. 2. PRIMARY ELECTION REQUIRED.

Section 2(a) of the Act entitled ''An Act to provide that the
Territory of American Samoa be represented by a nonvoting Delegate to
the United States House of Representatives, and for other purposes'',
approved October 31, 1978 (48 U.S.C. 1732(a)) is amended--
(1) by inserting ''(1)'' after ''(a)''; and
(2) by adding at the end the following new paragraphs:
''(2) In any general election year when 3 or more eligible
individuals file by the first Tuesday of July as candidates for the
office of Delegate, a primary election shall be held on the first
Tuesday of August of that general election year. If the primary
election results in 1 candidate receiving more than 50 percent of the
votes cast, then that candidate shall be the only candidate on the
ballot for the general election for Delegate that year. If the primary
election results in no candidate receiving more than 50 percent of the
votes cast, then the 2 candidates receiving the most votes cast shall
be on the ballot for the general election year. If there is a tie for
the 2 candidates receiving the most votes, the names of the 2
candidates shall be listed on the ballot for that general election
year.
''(3) Candidates for the office of Delegate to the United States
House of Representatives must file their candidacy not later than the
first Tuesday of July each year that a general election referred to in
paragraph (1) is scheduled to be held.''.

SEC. 3. CONFORMING AMENDMENTS.

Section 4 of the Act entitled ''An Act to provide that the
Territory of American Samoa be represented by a nonvoting Delegate to
the United States House of Representatives, and for other purposes'',
approved October 31, 1978 (48 U.S.C. 1734), is amended by inserting
''in a general Federal election'' after ''ties between candidates''.

SEC. 4. EFFECTIVE DATE.

The amendments made by this Act shall take effect on January 1,
2003.

SOLUTION: Declares that it is necessary to state that the Uniformed and Overseas Citizens Absentee Voting Act supersedes American Samoa law and American Samoa must comply with it.Requires a primary election to be held in American Samoa on the first Tuesday of August of any general election year when three or more eligible individuals have filed by the first Tuesday of July as candidates for the office of Delegate representing American Samoa in the U.S. House of Representatives.

PROBLEM: SECTION 1. SHORT TITLE.

This Act may be cited as the ''No Social Security for Nazis Act''.

SEC. 2. FINDINGS.

Congress finds the following:
(1) Congress enacted social security legislation to provide
earned benefits for workers and their families, should they
retire, become disabled, or die.
(2) Congress never intended for participants in Nazi
persecution to be allowed to enter the United States or to reap
the benefits of United States residency or citizenship,
including participation in the Nation's Social Security
program.

SEC. 3. TERMINATION OF BENEFITS.

(a) In General.--Section 202(n)(3) of the Social Security Act (42
U.S.C. 402(n)(3)) is amended to read as follows:
''(3) For purposes of paragraphs (1) and (2) of this subsection--
''(A) an individual against whom a final order of removal
has been issued under section 237(a)(4)(D) of the Immigration
and Nationality Act on grounds of participation in Nazi
persecution shall be considered to have been removed under such
section as of the date on which such order became final;
''(B) an individual with respect to whom an order admitting
the individual to citizenship has been revoked and set aside
under section 340 of the Immigration and Nationality Act in any
case in which the revocation and setting aside is based on
conduct described in section 212(a)(3)(E)(i) of such Act
(relating to participation in Nazi persecution), concealment of
a material fact about such conduct, or willful
misrepresentation about such conduct shall be considered to
have been removed as described in paragraph (1) as of the date
of such revocation and setting aside; and
''(C) an individual who pursuant to a settlement agreement
with the Attorney General has admitted to conduct described in
section 212(a)(3)(E)(i) of the Immigration and Nationality Act
(relating to participation in Nazi persecution) and who
pursuant to such settlement agreement has lost status as a
national of the United States by a renunciation under section
349(a)(5) of the Immigration and Nationality Act shall be
considered to have been removed as described in paragraph (1)
as of the date of such renunciation.''.
(b) Other Benefits.--Section 202(n) of such Act (42 U.S.C. 402(n))
is amended by adding at the end the following:
''(4) In the case of any individual described in paragraph (3)
whose monthly benefits are terminated under paragraph (1)--
''(A) no benefits otherwise available under section 202
based on the wages and self-employment income of any other
individual shall be paid to such individual for any month after
such termination; and
''(B) no supplemental security income benefits under title
XVI shall be paid to such individual for any such month,
including supplementary payments pursuant to an agreement for
Federal administration under section 1616(a) and payments
pursuant to an agreement entered into under section 212(b) of
Public Law 93-66''.

SEC. 4. NOTIFICATIONS.

Section 202(n)(2) of the Social Security Act (42 U.S.C. 402(n)(2))
is amended to read as follows:
''(2)(A) In the case of the removal of any individual under
any of the paragraphs of section 237(a) of the Immigration and
Nationality Act (other than under paragraph (1)(C) of such
section) or under section 212(a)(6)(A) of such Act, the
revocation and setting aside of citizenship of any individual
under section 340 of the Immigration and Nationality Act in any
case in which the revocation and setting aside is based on
conduct described in section 212(a)(3)(E)(i) of such Act
(relating to participation in Nazi persecution), or the
renunciation of nationality by any individual under section
349(a)(5) of such Act pursuant to a settlement agreement with
the Attorney General where the individual has admitted to
conduct described in section 212(a)(3)(E)(i) of the Immigration
and Nationality Act (relating to participation in Nazi
persecution) occurring after the date of the enactment of the
No Social Security for Nazis Act, the Attorney General or the
Secretary of Homeland Security shall notify the Commissioner of
Social Security of such removal, revocation and setting aside,
or renunciation of nationality not later than 7 days after such
removal, revocation and setting aside, or renunciation of
nationality (or, in the case of any such removal, revocation
and setting aside, or renunciation of nationality that has
occurred prior to the date of the enactment of the No Social
Security for Nazis Act, not later than 7 days after such date
of enactment).
''(B)(i) Not later than 30 days after the enactment of the
No Social Security for Nazis Act, the Attorney General shall
certify to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate that
the Commissioner of Social Security has been notified of each
removal, revocation and setting aside, or renunciation of
nationality described in subparagraph (A).
''(ii) Not later than 30 days after each notification with
respect to an individual under subparagraph (A), the
Commissioner of Social Security shall certify to the Committee
on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate that such individual's
benefits were terminated under this subsection.''.

SEC. 5. EFFECTIVE DATE.

The amendments made by this Act shall apply with respect to
benefits paid for any month beginning after the date of the enactment
of this Act.

SOLUTION:
No Social Security for Nazis Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to consider the following individuals to be removed under the Immigration and Nationality Act and so to have their OASDI benefits terminated: an individual with respect to whom an order admitting the individual to citizenship has been revoked and set aside where such action is based on conduct relating to participation in Nazi persecution, concealment of a material fact about such conduct, or willful misrepresentation about such conduct; and an individual who, pursuant to a settlement agreement with the Attorney General (AG), has admitted to such conduct and has lost status as a U.S. national by renouncing that status. Requires such individuals to have been considered removed under such Act as of the date of the revocation, setting aside, or renunciation. Prohibits such individuals from receiving other Social Security benefits based on the wages and self-employment income of any other individual. Prohibits the payment to such individuals also of any benefits under SSA tile XVI (Supplemental Security Income) (SSI). Requires the AG or the Secretary of Homeland Security (DHS) to notify the Commissioner of Social Security of such revocations, setting asides, and renunciations of nationality.