[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1600 Introduced in House (IH)]
103d CONGRESS
1st Session
H. R. 1600
Entitled ``Interstate Child Support Enforcement Act''.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 1, 1993
Mrs. Roukema introduced the following bill; which was referred jointly
to the Committees on Ways and Means, the Judiciary, Banking, Finance
and Urban Affairs, Armed Services, and Education and Labor
_______________________________________________________________________
A BILL
Entitled ``Interstate Child Support Enforcement Act''.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Interstate Child
Support Enforcement Act''.
(b) Reference to Social Security Act.--Except as otherwise
specifically provided, whenever in this Act an amendment is expressed
in terms of an amendment to or repeal of a section or other provision,
the reference shall be considered to be made to that section or other
provision of the Social Security Act.
(c) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; reference; table of contents.
Sec. 2. Findings, declarations, and purposes.
TITLE I--LOCATE AND CASE TRACKING
Sec. 101. Expansion of use of Federal parent locator system.
Sec. 102. Expansion of data bases accessed by parent locator systems.
Sec. 103. Expansion of access to national network for location of
parents.
Sec. 104. Private attorney access to locate and enforcement services.
Sec. 105. Access to law enforcement systems of records.
Sec. 106. State networks for broadcasting warrants.
TITLE II--ESTABLISHMENT
Sec. 201. Jurisdiction, service of process, and full faith and credit.
Sec. 202. Service of process on Federal employees and members of the
armed services relating to child support,
alimony, and parentage obligations.
Sec. 203. Presumed address of obligor and obligee.
Sec. 204. Notification to custodial parents.
Sec. 205. State uniformity regarding establishment of parentage and
support, jurisdiction and venue, and
Federal employee residential status.
Sec. 206. Fair Credit Reporting Act amendments.
Sec. 207. National Child Support Guideline Commission.
Sec. 208. State child support guideline principles.
Sec. 209. Duration of support.
Sec. 210. National subpoena duces tecum.
Sec. 211. Uniform terms in orders.
Sec. 212. Social security numbers on marriage licenses and child
support orders.
Sec. 213. Administrative subpoena power.
TITLE III--PARENTAGE
Sec. 301. Parentage.
TITLE IV--ENFORCEMENT
Sec. 401. Anti-assignment clauses amended.
Sec. 402. National reporting of new hires and child support
information.
Sec. 403. Direct income withholding.
Sec. 404. Priority of wage withholding.
Sec. 405. Definition of income subject to withholding includes workers'
compensation.
Sec. 406. Consumer Credit Protection Act amendments.
Sec. 407. Election of remedies prohibition.
Sec. 408. Occupational, professional and business licenses
Sec. 409. Driver's licenses.
Sec. 410. Attachment of bank accounts.
Sec. 411. Lotteries, settlements, payouts, awards, and forfeitures.
Sec. 412. Fraudulent transfer pursuit.
Sec. 413. Full IRS collection.
Sec. 414. Bonds.
Sec. 415. Tax offset for non-AFDC post-minor child.
Sec. 416. Attachment of public and private retirement funds.
Sec. 417. Reporting to credit bureaus.
Sec. 418. Criminal nonsupport.
Sec. 419. Statutes of limitation.
Sec. 420. Interest.
Sec. 421. Health-care enforcement.
Sec. 422. Bankruptcy.
Sec. 423. Federal Government cooperation in enforcement of support
obligations of members of the armed forces
and other persons entitled to payments by
the Federal Government.
Sec. 424. UIFSA endorsement.
TITLE V--COLLECTION AND DISTRIBUTION
Sec. 501. Priority of distribution of collections.
Sec. 502. Relationship of AFDC to CSE--limiting reimbursement claims to
award amount.
Sec. 503. Fees for non-AFDC clients.
Sec. 504. Collection and disbursement points for child support.
TITLE VI--FEDERAL ROLE
Sec. 601. Placement and role of the Federal Child Support Agency.
Sec. 602. Training.
Sec. 603. Staffing.
Sec. 604. Funding and incentives for child support agencies.
Sec. 605. Child support definition.
Sec. 606. Audits.
Sec. 607. Child support assurance demonstration projects.
TITLE VII--STATE ROLE
Sec. 701. Prohibition of residency requirement for IV-D services.
Sec. 702. Advocating for children's economic security.
Sec. 703. Duties of IV-D agencies.
Sec. 704. Broader access to services.
Sec. 705. Process for change of payee in IV-D cases.
TITLE VIII--EFFECTIVE DATE
Sec. 801. Effective date.
SEC. 2. FINDINGS, DECLARATIONS, AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) there is a large and growing number of child support
and parentage cases annually involving disputes between parents
or presumed parents who reside in different States;
(2) the laws by which the courts of the various States
determine their authority to establish, enforce, or modify a
child support order, or to establish parentage are not uniform;
(3) those laws, along with the limits imposed by a Federal
system, on the authority of each State to take certain actions
outside its own boundaries, contribute to--
(A) the pressing problem of parties moving to avoid
jurisdiction,
(B) inequities based solely on choice of domicile,
(C) disregard of court orders resulting in massive
arrearages nationwide,
(D) excessive relitigation of cases,
(E) the establishment of conflicting orders by the
courts of various States, and
(F) inter-jurisdiction travel and communication
that is so expensive and time consuming as to disrupt
parties' occupations and commercial activities; and
(4) among the results of these conditions are--
(A) the failure of the courts of such jurisdictions
to give full faith and credit to the judicial
proceedings of the other States,
(B) the deprivation of rights of liberty and
property without due process of law,
(C) burdens on commerce among the States, and
(D) harm to the welfare of children and their
parents and other custodians.
(b) Declaration.--Based on the findings stated in subsection (a),
it is necessary to establish national standards under which the courts
of each State will determine their jurisdiction to establish, enforce,
or modify a child support order, or to establish parentage and the
effect to be given by each State to such determinations by the courts
of other States.
(c) Purpose.--The general purposes of this Act are to--
(1) expand the forums available to establish, enforce, or
modify a child support order, or to establish parentage so that
such actions may be heard in the State that has the strongest
interest in the child's financial security;
(2) promote and expand the exchange of information and
other forms of mutual assistance between States that are
concerned with the same child;
(3) facilitate the enforcement of support decrees among the
States;
(4) discourage continuing interstate controversies over
child support in the interest of greater financial stability
and secure family relationships for the child; and
(5) avoid jurisdictional competition and conflict between
courts in matters relating to the establishment, enforcement,
and modification of child support orders, and to the
establishment of parentage, which have resulted in the movement
of parties among States and a low percentage of interstate
cases with support orders, thereby adversely affecting
children's well-being.
(d) Definitions.--For purposes of this Act--
(1) State.--The term ``State'' means a State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, a territory or possession of the United States, and
Indian country as defined in section 1151 of title 18, United
States Code.
(2) Court.--The term ``court'' means a court,
administrative process, or quasijudicial process of a State
that is authorized to--
(A) establish and enforce parentage orders;
(B) establish and enforce orders regarding the
amount of support payable by a contestant; or
(C) modify orders regarding the amount of support
payable by a contestant.
TITLE I--LOCATE AND CASE TRACKING
SEC. 101. EXPANSION OF USE OF FEDERAL PARENT LOCATOR SYSTEM.
Section 453 (42 U.S.C. 653) is amended--
(1) by striking ``for the purpose of enforcing support
obligations against such parent'' in subsection (a) and
inserting ``for the purposes of parentage establishment, child
support establishment, modification, and enforcement, and child
visitation enforcement, provided that safeguards are in place
to prevent release of information when it may jeopardize the
safety of the children or either parent'', and
(2) by inserting ``and such reasonable fees'' after ``such
documents'' in subsection (d).
SEC. 102. EXPANSION OF DATA BASES ACCESSED BY PARENT LOCATOR SYSTEMS.
(a) Additional Information for Federal Parent Locator Service.--
Section 453 (42 U.S.C. 653) is amended--
(1) by striking ``the most recent address and place of
employment'' in subsection (b) and inserting ``the most recent
residential address, employer name and address, and amounts and
nature of income and assets'',
(2) by striking ``the resident parent'' in subsection
(c)(3) and inserting ``either parent'', and
(3) by adding at the end of subsection (e) the following
new paragraph:
``(4) The Secretary of the Treasury shall enter into an agreement
with the Secretary to provide prompt access for the Secretary (in
accordance with this subsection and section 6103(l)(6) of the Internal
Revenue Code of 1986) to the quarterly estimated Federal income tax
returns filed by individuals with the Internal Revenue Service.''.
(b) State Information.--Section 466(a) (42 U.S.C. 666(a)) is
amended by inserting after paragraph (10) the following new paragraphs:
``(11) Procedures under which the State agency shall have
automated on-line or batch access (or, if necessary,
nonautomated access) to information regarding residential
addresses, employers and employer addresses, income and assets,
and medical insurance benefits with respect to absent parents
through various data bases. Such data bases shall include data
bases belonging to:
``(A) the State revenue or taxation department;
``(B) the State motor vehicle registration
department;
``(C) the State employment security department;
``(D) the State crime information system;
``(E) the State bureau of corrections;
``(F) the State recreational, occupational, and
professional licensing department;
``(G) the Secretary of State's office;
``(H) the State bureau of vital statistics;
``(I) State or local agencies administering public
assistance;
``(J) State or local real and personal property
record departments;
``(K) publicly regulated utility companies located
in the State;
``(L) credit reporting agencies located in the
State; and
``(M) trade and labor unions located in the State.
``(12) Procedures under which the State agency shall
maintain a child support order registry which shall include--
``(A) each child support order in the State in
which the parties agree to the inclusion of such order
in the registry; and
``(B) at the option of the State, all other child
support orders in the State.''.
(c) Sense of the Congress.--It is the sense of the Congress that
the Secretary of Health and Human Services should investigate pursuant
to section 453(e) of the Social Security Act (42 U.S.C. 653(e))
accessing Federal data banks not already linked to the Parent Locator
Service which are deemed more-than-marginally useful to locate absent
parents.
(d) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect on and after January 1, 1998.
SEC. 103. EXPANSION OF ACCESS TO NATIONAL NETWORK FOR LOCATION OF
PARENTS.
(a) In General.--Section 453 (42 U.S.C. 653) is amended by adding
at the end the following new subsection:
``(g) The Secretary, through the Office of Child Support
Enforcement, shall expand the Parent Locator System, established under
this section to provide a national network based on the comprehensive
statewide child support enforcement systems developed by the various
States. Such an expansion--
``(1) would allow each State to--
``(A) locate any absent parent who owes a child
support obligation, for whom an 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, 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 and obtain
the details of those orders;
``(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
(i.e., 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 72-hour turnaround time for
information to be broadcast and returned to a requesting State;
``(3) provide ready access to courts of the information on
the network; and
``(4) access the registry of child support orders for
public and private cases maintained at the State level by the
State agencies as described in section 466(a)(12).''.
(b) Expanded State Interaction With National Network.--Section
454(16) (42 U.S.C. 654(16)) is amended--
(1) by striking ``and (E)'' and inserting ``(E)'', and
(2) by striking ``enforcement;'' at the end of subparagraph
(E) and inserting ``enforcement, and (F) to provide access to
the national network developed pursuant to section 453(g);''.
(c) Effective Date.--The amendments made by this section shall take
effect on and after January 1, 1998.
SEC. 104. PRIVATE ATTORNEY ACCESS TO LOCATE AND ENFORCEMENT SERVICES.
Section 466(a) (42 U.S.C. 666(a)), as amended by section 102, is
amended by inserting after paragraph (12) the following new paragraph:
``(13) Procedures under which private attorneys and pro se
obligees are given access to State locate information and
enforcement techniques of the State child support enforcement
agency, for the limited purpose of establishing, modifying, and
enforcing child support, visitation, and parentage orders,
provided that safeguards are in place to prevent release of
information when it may jeopardize the safety of the children
or either parent. Such procedures may provide for reasonable
fees for such access.''.
SEC. 105. ACCESS TO LAW ENFORCEMENT SYSTEMS OF RECORDS.
The head of the National Criminal Information Center, of the
National Law Enforcement Telecommunications Network, and of any other
national or regional system for tracking individuals shall--
(1) allow access to Federal, State, and local child support
enforcement agencies to information held by the Center,
Network, or other system; and
(2) if an access code is required to allow such access,
provide an access code to each child support enforcement agency
that applies for one.
SEC. 106. STATE NETWORKS FOR BROADCASTING WARRANTS.
Section 466(a) (42 U.S.C. 666(a)), as amended by section 104, is
amended by inserting after paragraph (13) the following new paragraph:
``(14) Procedures under which the State--
``(A) shall make available for broadcasting on its
local and State crime information system failure-to-
appear warrants, capiases and bench warrants issued by
courts in civil and criminal parentage and child
support proceedings; and
``(B) if a defendant or anyone on behalf of the
defendant posts security after being arrested, shall
remit any subsequent forfeiture to the individual owed
the child support obligation to the extent of any
arrearage in such obligation.''.
TITLE II--ESTABLISHMENT
SEC. 201. JURISDICTION, SERVICE OF PROCESS, AND FULL FAITH AND CREDIT.
(a) State Law.--Section 466(a) (42 U.S.C. 666(a)), as amended by
section 106, is amended by inserting after paragraph (14) the following
new paragraph:
``(15) Procedures under which the State shall--
``(A) treat out-of-State service of process in
child support and parentage actions in the same manner
as in-State service of process;
``(B) require that notice for the exercise of
jurisdiction over nonresident be given in a manner
reasonably calculated to give actual notice and may
be--
``(i) by personal delivery outside the
State in the manner prescribed for service of
process within the State;
``(ii) in the manner prescribed by the law
of the place in which the service is made;
``(iii) by first-class mail addressed to
the individual to be served (if allowed by the
State's rules of civil procedure) or any other
form of mail that includes a request for a
receipt or signature of such individual,
subject to the requirements of such rules of
civil procedure; or
``(iv) as directed by the court, including
publication if other means of notification are
ineffective, subject to the requirements of the
State's rules of civil procedure;
``(C) require that notice to commence a child
support or parentage action be delivered, mailed, or
published with sufficient time to allow for serving an
answer or other response before any hearing in the
State, in accordance with the otherwise applicable rule
regarding the commencement of an original action in the
State;
``(D) require notice of the commencement of a child
support or parentage action to each party whose rights,
privileges, duties, or powers may be affected by the
action;
``(E) require that proof of service outside the
State may be made by the affidavit of the individual
who made the service, or in the manner prescribed by
the law of the State, by the order under which the
service is made, or by the law of the place in which
service is made, and if service is made by mail, proof
of service may be by a receipt signed by the addressee
or other evidence of delivery to the addressee; and
``(F) require the availability of first-class mail
service after the service of the summons and initial
pleadings.''.
(b) Declaration of Congressional Policy.--Based on the findings
specified in section 2(a) and pursuant to its powers to enforce the Due
Process Clause of the Fifth Amendment, section 5 of the Fourteenth
Amendment, the Commerce Clause, the General Welfare Clause, and the
Full Faith and Credit Clause of the United States Constitution, the
Congress declares that due process is satisfied if the courts of a
State exercise personal jurisdiction over a nonresident who is the
parent or presumed parent of a resident child in order to establish,
enforce, or modify a child support order or to establish parentage.
(c) Interstate Recognition of Child Support and Parentage Orders.--
(1) In general.--Chapter 115 of title 28, United States
Code, is amended by inserting after section 1738A the following
new section:
``Sec. 1738B. Full faith and credit to child support and parentage
orders
``(a) Definitions.--As used in this section, the term:
```Child' means any individual under the age of 18 years,
and any individual who has attained the age of 18 years or more
for whom a child support order has been issued pursuant to the
laws of a State.
```Child support' includes periodic and lump sum payments
for current and past due economic support, payments of premiums
for health insurance for children, payments for or provision of
child care, and payments for educational expenses.
```Child support order' means a judgment, decree or order
of a court requiring the payment of money, whether in periodic
amounts or lump sum, for the support of a child and includes
permanent and temporary orders, initial orders and
modifications, ongoing support and arrearages.
```Child's State' means the State in which the child
currently resides with a parent, or an individual acting as a
parent.
```Contestant' means an individual, including a parent, who
claims a right to receive child support or is under an order to
pay child support, and includes States and political
subdivisions to which support rights have been assigned.
```Court' means a court, administrative process, or
quasijudicial process of a State that is authorized to--
``(1) establish and enforce parentage orders;
``(2) establish and enforce orders regarding the
amount of support payable by a contestant; or
``(3) modify orders regarding the amount of support
payable by a contestant.
```Modification' and `modify' refer to a change in a child
support order or an order establishing parentage that modifies,
replaces, supersedes, or otherwise is made subsequent to such
prior order, whether or not made by the same court that issued
such prior order.
```State' means a State of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, a territory or
possession of the United States, and Indian country as defined
in section 1151 of title 18, United States Code.
``(b) Full Faith and Credit.--The courts of each State shall
recognize and enforce according to its terms a child support order or
an order establishing parentage against an individual over whom
personal jurisdiction has been exercised, including an order pursuant
to a State law that authorizes the courts of the State to exercise
personal jurisdiction over nonresidents to the extent permitted by the
Constitution of the United States, and shall not modify such an order
except as provided in subsection (c).
``(c) Modification.--A court of a State may modify a child support
order or an order establishing parentage made by a court of another
State if--
``(1) it has jurisdiction to make such an order; and
``(2) the court of the other State no longer has
continuing, exclusive jurisdiction because--
``(A) the other State no longer is the child's
State or the residence of any contestant; or
``(B) each contestant has filed written consent for
the State to modify the order and assume continuing,
exclusive jurisdiction of such order.
``(d) Enforcement of Prior Orders.--A court of a State which no
longer has continuing, exclusive jurisdiction of a child support order
or an order establishing parentage may enforce such order with respect
to unsatisfied obligations which accrued before the date on which a
modification of such order is made under subsection (c).''.
(2) Clerical Amendment.--The chapter analysis for chapter 115 of
title 28, United States Code, is amended by inserting after the item
relating to section 1738A the following new item:
``1738B. Full faith and credit to child support and parentage
orders.''.
SEC. 202. SERVICE OF PROCESS ON FEDERAL EMPLOYEES AND MEMBERS OF THE
ARMED SERVICES RELATING TO CHILD SUPPORT, ALIMONY, AND
PARENTAGE OBLIGATIONS.
(a) In General.--Part D of title IV is amended by inserting after
section 460 the following new section:
``service of process on federal employees and members of the armed
services relating to child support, alimony, and parentage obligations.
``Sec. 460A. (a) The head of each agency shall designate an agent
for receipt of service of process for any employee or member of the
armed services of such agency relating to any action filed in a State
court to establish, enforce, or modify a child support order or an
alimony order, or to establish parentage.
``(b) The agent designated under subsection (a) shall receive
service of process--
``(1) at the designated post of duty or regular place of
business of the employee or member of the armed services; or
``(2) at a location within the United States for an
employee or member of the uniformed services whose post of duty
is outside of the United States.
``(c) Nothing in this section shall be construed to prohibit any
employee or member of the armed services from requesting or being
granted a stay or continuance in any action in a Federal or State
court, including any relief available under the Soldiers and Sailors
Civil Relief Act of 1940 (50 U.S.C. App. 501 et seq.).
``(d) For purposes of this section, the term `agency' means each
agency of the Federal Government, including--
``(1) an Executive agency as defined under section 105 of
title 5, United States Code;
``(2) the Department of Defense with regard to employees of
such department and members of the armed services;
``(3) the United States Postal Service and Postal Rate
Commission;
``(4) any agency of the government of the District of
Columbia;
``(5) any agency of the legislative or judicial branch of
the Government; and
``(6) any advisory committee to which the Federal Advisory
Committee Act (5 U.S.C. App. 2) applies.''.
(b) Conforming Amendment for Garnishment Proceedings.--Section
459(b) (42 U.S.C. 659(b)) is amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end thereof the following new
paragraph:
``(2) With respect to any Federal employee, including any member of
the armed services, the agent designated under paragraph (1) shall
receive service of process--
``(A) at the designated post of duty or regular place of
business of the employee or member of the armed services; or
``(B) at a location within the United States for an
employee or member of the armed services whose post of duty is
outside of the United States.
``(3) Nothing in this section shall be construed to prohibit any
employee or member of the armed services from requesting or being
granted a stay or continuance in any action in a Federal or State
court, including any relief available under the Soldiers and Sailors
Civil Relief Act of 1940 (50 U.S.C. App. 501 et seq.).''.
(c) Regulations.--No later than 270 days after the date of the
enactment of this Act, the head of each agency shall promulgate and
publish regulations implementing the amendments made by this section.
SEC. 203. PRESUMED ADDRESS OF OBLIGOR AND OBLIGEE.
Section 466(a) (42 U.S.C. 666(a)), as amended by section 201, is
amended by inserting after paragraph (15) the following new paragraph:
``(16) Procedures under which the State shall--
``(A) require the filing of parents' residential
addresses, mailing addresses, home telephone numbers,
driver's license numbers, social security numbers,
names of employers, addresses of places of employment,
and work telephone numbers with the appropriate court
or administrative agency, on or before the date the
final order is issued;
``(B) create the presumption that for the purpose
of providing sufficient notice in any support-related
action other than the initial notice in an action to
establish parentage or establish a child support order
that the last residential address of the party given to
the appropriate agency or court is the current address
of the party; and
``(C) ensure that information concerning the
location of a parent or child shall not be released to
the other parent if there is a court order for the
physical protection of one parent or child entered
against the other parent.''.
SEC. 204. NOTIFICATION TO CUSTODIAL PARENTS.
Section 454 (42 U.S.C. 654) is amended by striking ``and'' at the
end of paragraph (23), by striking the period at the end of paragraph
(24) and inserting ``; and'', and by inserting after paragraph (24) the
following new paragraph:
``(25) provide that the agency administering the plan--
``(A) notify any individual owed a child support
obligation of all hearings in which such obligation
might be established, modified, or enforced, in a
timely fashion to allow custodial parents the
opportunity to attend and present evidence to the
court, except that failure to actually notify such
individual may not be used as a ground for delay and
shall not prevent a court from rendering a decision if
the agency made reasonable attempts to provide such
notice; and
``(B) provide custodial parents with a copy of any
order that establishes, modifies, or enforces a child
support obligation within 14 days of the date of the
issuance of such order.''.
SEC. 205. STATE UNIFORMITY REGARDING ESTABLISHMENT OF PARENTAGE AND
SUPPORT, JURISDICTION AND VENUE, AND FEDERAL EMPLOYEE
RESIDENTIAL STATUS.
Section 466(a) (42 U.S.C. 666(a)), as amended by section 203, is
amended by inserting after paragraph (16) the following new paragraph:
``(17) Procedures under which within the State--
``(A) a party seeking both parentage and child
support establishment shall be able to bring both in a
single cause of action;
``(B) the venue for parentage establishment shall
be in the county of residence of the child, when the
child and alleged parent who is the defendant reside in
different counties within the State;
``(C) a court or agency that issues a parentage or
child support order shall have continuing and exclusive
jurisdiction over the order until that court or agency
transfers jurisdiction to the appropriate court or
agency in the county where the child resides, or the
parties consent to be bound by another court or agency
in the State that has subject matter jurisdiction;
``(D) proceedings for purposes of enforcement and
modification shall be transferred to the city, county,
or district where the child resides without the need
for refiling by the plaintiff or re-serving the
defendant;
``(E) a court or agency that hears parentage or
child support claims shall have statewide jurisdiction
over the parties, and the parentage and child support
orders issued by the court or agency shall have
statewide effect for enforcement purposes; and
``(F) visitation denial is not a defense to child
support enforcement and the nonpayment of support is
not a defense to visitation enforcement.''.
SEC. 206. FAIR CREDIT REPORTING ACT AMENDMENTS.
Section 604 of the Consumer Credit Protection Act (15 U.S.C. 1681b)
is amended by adding at the end thereof the following new paragraph:
``(4) To an agency administering a State plan under section 454 of
the Social Security Act (42 U.S.C. 654) to use the information relevant
to the setting of an initial or modified child support award, without
the necessity of a court order.''.
SEC. 207. NATIONAL CHILD SUPPORT GUIDELINE COMMISSION.
(a) Establishment.--There is hereby established a commission to be
known as the ``National Child Support Guidelines Commission'' (in this
section referred to as the ``Commission'').
(b) General Duties.--The Commission shall convene a conference to
study the desirability of a national child support guideline, and if
such guideline is advisable, the Commission shall develop for
congressional consideration a national child support guideline that is
based on the conference's study of various guideline models, the
deficiencies of such models and any needed improvements.
(c) Membership.--
(1) Number; appointment.--
(A) In general.--The Commission shall be composed
of 9 individuals appointed jointly by the Secretary of
Health and Human Services and the Congress, not later
than January 15, 1994.
(B) Qualifications of members.--Members of the
Commission shall be appointed from among those who are
able to provide expertise and experience in the
evaluation and development of child support guidelines.
At least 2 of the members shall represent parent child
support advocacy groups.
(2) Terms of office.--Each member shall be appointed for a
term of 1 year. A vacancy in the Commission shall be filled in
the manner in which the original appointment was made.
(d) Commission Powers, Compensation, Access to Information, and
Supervision.--The first sentence of subparagraph (C), the first and
third sentences of subparagraph (D), subparagraph (F) (except with
respect to the conduct of medical studies), clauses (ii) and (iii) of
subparagraph (G), and subparagraph (H) of section 1886(e)(6) of the
Social Security Act shall apply to the Commission in the same manner in
which such provisions apply to the Prospective Payment Assessment
Commission.
(e) Report.--Not later than 1 year after the appointment of
members, the Commission shall report to the President and the Congress
on the results of the study described in subsection (b) and the final
assessment by the Commission of issues relating to a national child
support guideline.
(f) Termination.--The Commission shall terminate upon the
submission of the report described in subsection (e).
SEC. 208. STATE CHILD SUPPORT GUIDELINE PRINCIPLES.
Section 467 (42 U.S.C. 667) is amended by adding at the end the
following new subsections:
``(d) The guidelines established pursuant to subsection (a) shall
include the following principles:
``(1) A change in the child support amount resulting from
the application of the guidelines since the entry of the last
support order is sufficient reason for modification of a child
support obligation without the necessity of showing any other
change in circumstance.
``(2) Any custodial parent requesting a review of a child
support award who is not receiving aid for families with
dependent children under part A of this title must agree to
both review and modification of such award. Such custodial
parent shall be advised of a recalculated support amount based
on such review and given an opportunity to decline the pursuit
of the modification.
``(e) The guidelines established pursuant to subsection (a) shall
take into account the following:
``(1) Work-related or job-training-related child care
expenses of either parent for the care of children of either
parent.
``(2) Health insurance and related uninsured health care
expenses, and extraordinary school expenses incurred on behalf
of the child of such parents for whom the child support order
is sought.
``(3) Multiple family child raising obligations other than
those for the child for whom the child support order is
sought.''.
SEC. 209. DURATION OF SUPPORT.
Section 466(a) (42 U.S.C. 666(a)), as amended by section 205, is
amended by inserting after paragraph (17) the following new paragraph:
``(18) Procedures under which the State--
``(A) requires a continuing support obligation by
one or both parents until at least the latter of when a
child reaches the age of eighteen, or graduates from or
is no longer enrolled in secondary school or its
equivalent, unless a child marries, or is otherwise
emancipated by a court of competent jurisdiction;
``(B) provides that courts with child support
jurisdiction have the discretionary power, pursuant to
criteria established by the State, to order--
``(i) child support, payable to an adult
child, at least up to the age of 22 for a child
enrolled in an accredited postsecondary or
vocational school or college and who is a
student in good standing;
``(ii) either or both parents to pay for
postsecondary school support based on each
parent's financial ability to pay;
``(C) provides for child support to continue beyond
the child's age of majority provided the child is
disabled, unable to be self-supportive, and the
disability arose during the child's minority; and
``(D) provides that courts should consider the
effect of child support received on means-tested
governmental benefits and whether to credit
governmental benefits against a support award
amount.''.
SEC. 210. NATIONAL SUBPOENA DUCES TECUM.
Section 452(a) (42 U.S.C. 652(a)) is amended by striking ``and'' at
the end of paragraph (9), by striking the period at the end of
paragraph (10), and by inserting after paragraph (10) the following new
paragraphs:
``(11) draft and distribute a national subpoena duces tecum
for use by local and State child support agencies and child
support litigants to reach income information pertaining to all
private, Federal, State, and local government employees, as
well as any receivers of income, such subpoena duces tecum--
``(A) to be limited to evidence regarding the prior
12 months of income or evidence of accumulated income
to date,
``(B) to be honored by payors with the timely
mailing of the information to a supplied address on the
subpoena,
``(C) to be enforced by a hearing held in the
payor's State at which time the payor bears, under
penalty of State sanction, the burden of specifying the
reasons for not timely honoring the subpoena, and
``(D) the information of which is to be admitted
once offered to prove the truth of the matter asserted;
and
``(12) establish a simplified certification process and
admissibility procedure for out-of-State documents in child
support or parentage cases.''.
SEC. 211. UNIFORM TERMS IN ORDERS.
Section 452(a) (42 U.S.C. 652(a)), as amended by section 210, is
amended by striking ``and'' at the end of paragraph (11), by striking
the period at the end of paragraph (12) and inserting ``; and'', and by
inserting after paragraph (12) the following new paragraph:
``(13) develop, in conjunction with State executive and
judicial organizations, a uniform abstract of a child support
order, to be used by all State courts to record the facts of a
child support order in a registry of child support orders
established under section 466(a)(12), such abstract to
include--
``(A) the date that support payments are to
commence;
``(B) the circumstances upon which support payments
are to terminate;
``(C) the amount of current child support expressed
as a sum certain, arrearages expressed as a sum certain
as of a certain date, and any payback schedule for the
arrearages;
``(D) whether the support award is in a lump sum
(nonallocated) or per child;
``(E) if the award is lump sum, the event causing a
change in the support award and the amount of any
change;
``(F) other expenses, such as those for child care
and health care;
``(G) names of the parents;
``(H) social security numbers and dates of birth of
the parents;
``(I) names of all children covered by the order;
``(J) dates of birth and social security numbers of
children covered by the order;
``(K) court identification (FIPS code, name and
address) of the court issuing the order;
``(L) health-care support information; and
``(M) party to contact when additional information
is obtained.''.
SEC. 212. SOCIAL SECURITY NUMBERS ON MARRIAGE LICENSES AND CHILD
SUPPORT ORDERS.
Section 466(a) (42 U.S.C. 666(a)), as amended by section 209, is
amended by inserting after paragraph (18) the following new paragraph:
``(19) Procedures under which social security numbers of
the individuals applying for a marriage license are listed on
the license by each applicant's name.''.
SEC. 213. ADMINISTRATIVE SUBPOENA POWER.
Section 466(a) (42 U.S.C. 666(a)), as amended by section 212, is
amended by inserting after paragraph (19) the following new paragraph:
``(20) Procedures under which the State agency may issue
subpoenas that require the individual served to produce and
deliver documents to or to appear at a court or administrative
agency on a certain date and may sanction an individual for
failing to obey the subpoena's command.''.
TITLE III--PARENTAGE
SEC. 301. PARENTAGE.
(a) State Plan.--
(1) In general.--Section 454 (42 U.S.C. 654), as amended by
section 204, is amended by striking ``and'' at the end of
paragraph (24), by striking the period at the end of paragraph
(25) and inserting ``; and'', and by inserting after paragraph
(25) the following new paragraph:
``(26) in order to encourage voluntary paternity
acknowledgement, provide for--
``(A) the development and distribution of material
at schools, hospitals, agencies administering the
programs under part A of this title and title XIX,
prenatal health-care providers, WIC programs, health
departments, clinics, and other appropriate locations
that describe the benefits and responsibilities of
paternity establishment and the process by which
paternity services may be obtained,
``(B) outreach programs at hospitals and birthing
facilities and programs for prenatal care, child birth,
and parenting, and
``(C) the use of consent procedures.''.
(2) Enhanced federal match.--Section 455(a)(1) (42 U.S.C.
655(a)(1)) is amended by striking ``and'' at the end of
subparagraph (B), by inserting ``and'' after the semicolon at
the end of subparagraph (C), and by inserting after
subparagraph (C) the following new subparagraph:
``(D) equal to 90 percent (rather than the
percentage specified in subparagraph (A)) of so much of
the sums expended during such quarter as are
attributable to costs incurred in carrying out the
purposes of section 454(26);''.
(b) State Law.--Section 466(a) (42 U.S.C. 666(a)) is amended--
(1) by striking ``at the option of the State,'' in
paragraph (2)(B), and
(2) by adding at the end of paragraph (5) the following new
subparagraphs:
``(C) Procedures under which--
``(i) the opportunity to establish paternity
voluntarily and by simple affidavit is available to the
unmarried parents of a child at the time of the child's
birth by requiring hospitals and birthing facilities to
make explanatory materials and forms available to the
parents as part of the birth certificate process;
``(ii) a simple, civil consent procedure is
available at any time for individuals who agree to
acknowledge parentage of a child;
``(iii) an acknowledgment of parentage may be
incorporated in a witnessed, written statement that
includes a statement that--
``(I) the individual signing such statement
understands the consequences of paternity
establishment,
``(II) such individual is signing the
statement voluntarily,
``(III) such individual does not object to
the court entering an order for parentage,
based on the acknowledgment, without notice
prior to the entry of the order and without the
requirement of pleadings, service, summons,
testimony or a hearing, and
``(IV) such individual understands that
signing such statement may create an obligation
to provide child support; and
``(iv) if under State law a court order is required
to establish paternity, an acknowledgment of parentage
as provided for under clause (iii) shall be filed with
a State court of appropriate jurisdiction within 10
days and a paternity order based on such acknowledgment
shall be established without the requirement of
pleadings, service, summons, testimony or a hearing.
``(D) Procedures under which the opportunity to establish
paternity is available to unmarried parents when paternity is
contested through an administrative procedure in accordance
with State due process and subject to review de novo by a court
of competent jurisdiction.
``(E) Procedures under which an individual who voluntarily
acknowledges paternity may request genetic tests within 1 year
of such acknowledgment.
``(F) Procedures under which collection of information for
support determination may be done concurrently with the
parentage acknowledgment process, so long as consistent with
State constitutional law.
``(G) Procedures under which--
``(i) the State shall use a civil procedure (and
not a criminal procedure) for the establishment of
parentage;
``(ii) the standard of evidence for such
establishment is a preponderance of the evidence; and
``(iii) a party may bring a parentage action
without joinder of the named child and the State's law
regarding privity of the parties shall govern the res
judicata effect of nonjoinder.
``(H) Procedures under which the State establishes a
threshold percentage of probability of parentage or a threshold
percentage of likelihood of exclusion of those wrongfully
accused which creates a presumption of parentage if such
parentage testing results are admitted and uncontroverted.
``(I) Procedures under which a resolution of parentage may
be made against a noncooperative party who refuses to submit to
an order by a court for parentage testing.
``(J) Procedures under which any objection to the parentage
testing or to the results of that testing must be made in
writing at least 21 days prior to trial, and if no objection is
made, the test result is admitted to prove the truth of the
matter asserted, without the need for the attendance of a
representative of the hospital, clinic, or parentage
laboratory, except that a party is not prohibited from calling
an outside expert witness to refute or support the testing
procedure or results, or the mathematical theory on which the
test results are based.
``(K) Procedures under which the introduction and admission
into evidence, without the need for third-party foundation
testimony, of prenatal and post-natal parentage-testing bills
is allowed and each bill is regarded as prima facie evidence of
the amount incurred on behalf of the child for the procedures
included in the bill.
``(L) Procedures under which the State may enter a default
order in parentage cases upon proper showing of evidence of
parentage and of service of process on the defendant, without
requiring the personal presence of the plaintiff.
``(M) Procedures under which temporary support orders are
entered if--
``(i) the parentage testing results create a
presumption of parentage,
``(ii) the individual from whom support is sought
has signed a verified statement of parentage; or
``(iii) other clear and convincing evidence is
presented that such individual is the child's parent.
``(N) Procedures under which a party whose parentage has
been previously established by law may not plead nonparentage
as a defense to a child support action.''.
TITLE IV--ENFORCEMENT
SEC. 401. ANTI-ASSIGNMENT CLAUSES AMENDED.
Section 462(f)(2) (42 U.S.C. 662(f)(2)) is amended by striking
``(not including'' and all that follows through ``compensation)''.
SEC. 402. NATIONAL REPORTING OF NEW HIRES AND CHILD SUPPORT
INFORMATION.
(a) Federal Implementation of System.--
(1) In general.--The Secretary of the Treasury, in
consultation with the Secretary of Labor, shall establish a
system of reporting of new employees by requiring employers to
provide a copy of every new employee's W-4 form to the child
support enforcement agency of the State in which the employment
is located.
(2) Expanded use of form.--The Secretary of the Treasury
shall modify the W-4 form completed by the new employee to
include--
(A) whether a child support obligation is owed by
the new employee, and if so, to whom such obligation is
payable and the amount of such obligation,
(B) whether payment of such obligation is to be by
income withholding, and
(C) whether the new employee has health care
insurance available.
(3) Employer withholding obligation.--
(A) In general.--Subtitle C of the Internal Revenue
Code of 1986 (relating to employment taxes) is amended
by inserting after chapter 24 the following new
chapter:
``CHAPTER 24A--COLLECTION OF CHILD SUPPORT OBLIGATIONS AT SOURCE OF
WAGES
``Sec. 3411. Child support obligations
collected at source of wages.
``SEC. 3411. CHILD SUPPORT OBLIGATIONS COLLECTED AT SOURCE OF WAGES.
``(a) Requirement of Withholding.--Every employer making payment of
wages shall deduct and withhold upon such wages a specified child
support obligation amount.
``(b) Specified Child Support Obligation Amount.--For purposes of
this chapter, the specified child support obligation amount with
respect to any employee shall be determined based on information
provided by the employee that has been confirmed or corrected by the
State enforcing the wage withholding within which the employer is
located under procedures described in section 466(a)(21) of the Social
Security Act.
``(c) Liability for Payment.--The employer shall be liable for the
payment of the specified child support obligation amount to the payee
identified by the employee.
``(d) Special Rules.--For purposes of this chapter (and so much of
subtitle F as relates to this chapter), any specified child support
obligation amount shall be treated as if it were a tax withheld under
chapter 24 and rules similar to the rules of such chapter shall apply.
``(e) Definitions.--For purposes of this section, the terms
`wages', `employee' and ``employer' shall have the meanings given to
such terms by subsections (a), (c), and (d), respectively.''
(B) Clerical amendment.--The table of chapters of
subtitle C of the Internal Revenue Code of 1986 is
amended by inserting after the item relating to chapter
24 the following new item:
``Chapter 24A. Child support obligations
collected at source of
wages.''.
(4) Withheld child support obligations reported on w-2
forms.--Subsection (a) of section 6051 of the Internal Revenue
Code of 1986 (relating to receipts for employees) is amended by
striking ``and'' at the end of paragraph (8), by striking the
period at the end of paragraph (9) and inserting ``, and'', and
by inserting after paragraph (9) the following new paragraph:
``(10) the total amount of specified child support
obligations withheld under section 3411.''.
(b) State Implementation of System.--Section 466(a) (42 U.S.C.
666(a)), as amended by section 213, is amended by inserting after
paragraph (20) the following new paragraph:
``(21) Procedures under which the State shall--
``(A) impose monetary penalties on--
``(i) any individual who owes child support
obligations who fails to report such
obligations on a Federal income tax W-4 form at
time of employment;
``(ii) any employer who fails to forward
such W-4 form to the State child support
enforcement agency within 10 calendar days of
the date of the employment of such individual;
and
``(iii) any employer who fails to withhold
the child support obligation and disburse such
obligation to the individual owed such
obligation within 10 calendar days of the date
of the payroll, using electronic funds
transfer, if possible, unless otherwise
notified by such State agency;
``(B) confirm the information provided under
subparagraph (A)(ii) or identify child support
obligations that have not been reported by the new
employee through the use of the Parent Locator System
established under section 453;
``(C) notify the employer in cases where the
employee has not correctly reported on the W-4 using a
standard wage withholding notice developed by the
Federal Office of Child Support Enforcement under
section 452(a)(14);
``(D) broadcast over the Parent Locator System to
other States information based on W-4 form information
that has been sent to the State child support
enforcement agency; and
``(E) in the event of a match between the W-4
related information and the abstract of support orders
on file in the State registry of child support orders,
notify the individual owed a child support obligation
or such individual's designee of such information.
If an individual owed a child support obligation who is not
utilizing the State program under this part desires the wage
withholding services described in this paragraph, such
individual shall be required to apply for assistance under the
State plan.''.
(c) Effective Date.--The provisions and amendments made by this
section shall take effect on and after January 1, 1998.
SEC. 403. DIRECT INCOME WITHHOLDING.
(a) State Law.--
(1) In general.--Section 466(b) (42 U.S.C. 666(b)) is
amended by adding at the end the following new paragraphs:
``(11) Any individual or entity engaged in commerce, as a
condition of doing business in the State, shall honor income
withholding notices or orders issued by a court or agency of
any other State. Service of the notice may be by first-class
mail, or directly served on the income source. The individual
or entity served shall immediately provide a copy of the notice
to the employee. The individual or entity shall honor the
withholding notice or order--
``(A) if such notice or order is regular on its
face,
``(B) regardless of the location of the employee's
workplace.
If such notice or order is fully complied with, the individual
or entity may not be held liable for wrongful withholding.
``(12) In any case under this part, if a contest to or
refusal to comply with an income withholding notice or order
occurs, the State seeking withholding shall send an
informational copy of the withholding notice or order to the
registry established under subsection (a)(14) in the State in
which the employee is employed or which is the source of the
income.''.
(2) Contest hearing.--Paragraph (4) of section 466(b) (42
U.S.C. 666(b)) is amended by adding at the end the following
new subparagraph:
``(C) If the employee requests a hearing to contest the
withholding based on a mistake of fact, that hearing may be
held in the State of the income source or the State of the
employee's employment, with a determination made within 45 days
of the mailing of the withholding notice or order to the income
source. The State where any hearing is held shall provide the
appropriate services in cases enforced under the State plan to
ensure that the interests of the individual owed the child
support obligation are represented.''.
(3) Employer records.--Paragraph (6) of section 466(b) (42
U.S.C. 666(b)) is amended by adding at the end the following
new subparagraph:
``(E) The employer shall maintain records of payroll
deductions taken in compliance with this section and make such
records available upon request to the State or individual
enforcing the wage withholding order.''.
(b) Uniform Withholding Notice.--Section 452(a) (42 U.S.C. 652(a)),
as amended by section 211, is amended by striking ``and'' at the end of
paragraph (12), by striking the period at the end of paragraph (13) and
inserting ``; and'', and by inserting after paragraph (13) the
following new paragraph:
``(14) develop a uniform withholding notice to be used in
all income withholding cases, such notice to list the number of
children covered by such notice and to be generic to allow for
the service of the same notice on subsequent or concurrent
sources of income without the necessity of obtaining from the
decisionmaker a new, income-source-specific notice.''.
SEC. 404. PRIORITY OF WAGE WITHHOLDING.
Section 466(b) (42 U.S.C. 666(a)), as amended by section 403, is
amended by inserting after paragraph (14) the following new paragraph:
``(13) Procedures under which, absent a request by the
custodial parent, the presumptive priority of withholding under
a child support or income withholding order is--
``(A) payments on current support obligations,
``(B) payments of premiums for health insurance for
dependent children, and
``(C) payments on past due child support
obligations and unreimbursed health-care expenses.
In the case of multiple withholding orders affecting the same
employee, payments shall be made to each child on a pro rata
basis.''.
SEC. 405. DEFINITION OF INCOME SUBJECT TO WITHHOLDING INCLUDES WORKERS'
COMPENSATION.
Section 462 (42 U.S.C. 662(f)) is amended--
(1) by striking ``For purposes of section 459'' and
inserting ``For purposes of section 459 and, in the case of
subsection (f), this part'',
(2) by striking the period at the end of paragraph (2) of
subsection (f) and inserting ``, or'', and
(3) by adding at the end of subsection (f) the following
new paragraph:
``(3) workers' compensation benefits.''.
SEC. 406. CONSUMER CREDIT PROTECTION ACT AMENDMENTS.
(a) Preemption of State Laws.--Section 307 of the Consumer Credit
Protection Act (15 U.S.C. 1677) is amended--
(1) by striking ``This'' and inserting ``(a) In General.--
Subject to subsection (b), this'';
(2) by striking ``or'' at the end of paragraph (1);
(3) by striking the period at the end of paragraph (2) and
inserting ``, or''; and
(4) by adding at the end the following:
``(3) providing a cause of action, either by the State or a
private individual, to enforce a Federal or State law related
to garnishment for the purpose of securing child support.
``(b) Exception.--Subsection (a)(1) does not apply to the laws of
any State that prohibit or restrict garnishments for the purpose of
securing support for any person.''.
(b) Other Forms of Income.--Title III of the Consumer Credit
Protection Act (15 U.S.C. 1671 et seq.) is amended by adding at the end
the following new section:
``SEC. 308. OTHER FORMS OF INCOME.
``This title does not apply to forms of income that are not
earnings within the definition contained in section 302(a).''.
(c) Priority of Debts.--Title III of the Consumer Credit Protection
Act (15 U.S.C. 1671 et seq.), as amended by subsection (b), is further
amended by adding at the end the following new section:
``SEC. 309. PRIORITY OF DEBTS.
``If an individual's disposable earnings are not sufficient to
pay--
``(1) a garnishment intended to satisfy a Federal debt; and
``(2) a garnishment intended to satisfy a debt related to
the support of any child,
the Federal debt shall be satisfied through garnishment only after the
debt related to child support has first been satisfied.''.
(d) Additional Indebtedness in Anti-Discharge Section.--Section 304
of the Consumer Credit Protection Act (16 U.S.C. 1674) is amended by
adding at the end the following:
``(c) The prohibition contained in subsection (a) shall apply to
any employee whose earnings are subject to garnishment for more than
one indebtedness, if the additional indebtedness arises from an order
for the support of a child.''.
SEC. 407. ELECTION OF REMEDIES PROHIBITION.
Section 466(a) (42 U.S.C. 666(a)), as amended by section 402, is
amended by inserting after paragraph (21) the following new paragraph:
``(22) Procedures under which the doctrine of election of
remedies may not be invoked in child support cases.''.
SEC. 408. OCCUPATIONAL, PROFESSIONAL AND BUSINESS LICENSES
(a) State Hold Based on Warrant or Support Delinquency.--Section
466(a) (42 U.S.C. 666(a)), as amended by section 407, is amended by
inserting after paragraph (22) the following new paragraph:
``(23) Procedures under which the State occupational
licensing and regulating departments and agencies may not issue
or renew occupational, professional, or business licenses of--
``(A) noncustodial parents who are the subject of
outstanding failure to appear warrants, capiases, and
bench warrants related to a child support proceeding
that appear on the State's crime information system,
until removed from the system; and
``(B) individuals who are delinquent in their child
support obligation, until the pro se obligee, the
obligee's attorney, or a State prosecutor responsible
for child support enforcement consents to, or a court
that is responsible for the order's enforcement orders,
the release of the hold on the license, or an expedited
inquiry and review is completed while such individual
is granted a 60-day temporary license.''.
(b) Federal Hold Based on Support Delinquency.--No Federal agency
may issue or renew occupational, professional, or business licenses of
individuals who are delinquent in their child support obligation, until
the pro se obligee, the obligee's attorney or a State prosecutor
responsible for child support enforcement consents to, or a court that
is responsible for the order's enforcement orders, the release of the
hold on the license, or an expedited inquiry and review is completed
while such individual is granted a 60-day temporary license.
(c) Waiver of Federal Immunity.--The Federal Government shall waive
its sovereign immunity claims for this limited purpose and cooperate
fully with local and State officials regarding license issuances or
renewals.
SEC. 409. DRIVER'S LICENSES.
Section 466(a) (42 U.S.C. 666(a)), as amended by section 408, is
amended by inserting after paragraph (23) the following new paragraph:
``(24) Procedures under which the State motor vehicle
department may not issue or renew a driver's license (other
than a temporary license of not more than 60-days duration) of
any noncustodial parent who is the subject of an outstanding
failure to appear warrant, capias, or bench warrant related to
a child support proceeding that appears on the State's crime
information system, until removed from the system.''.
SEC. 410. ATTACHMENT OF BANK ACCOUNTS.
Section 466(a) (42 U.S.C. 666(a)), as amended by section 409, is
amended by inserting after paragraph (24) the following new paragraph:
``(25) Procedures under which the State shall authorize
post-judgment seizure of the bank accounts of delinquent child
support obligors without the need to obtain a separate court
order for the attachment. The funds shall be frozen pending
notice to and an expedited opportunity to be heard for the
account holder or holders. If the account holder or holders do
not successfully challenge the freeze, the part of the account
subject to the freeze up to the amount of the child support
debt shall be turned over to the individual or State seeking
the execution.''.
SEC. 411. LOTTERIES, SETTLEMENTS, PAYOUTS, AWARDS, AND FORFEITURES.
Paragraph (4) of section 466(a) (42 U.S.C. 666(a)) is amended by
inserting before the period the following: ``, including the following:
``(A) A lottery player's winnings from a State
lottery or a gambler's winnings in a State-sanctioned
or tribal-sanctioned gambling house or casino held by
the distributor.
``(B) Insurance settlements or policy payouts held
by the insurance carrier or the risk-holder.
``(C) State or Federal court awards, judgments, or
settlements held by either the attorney for the payor
or the pro se payor.
``(D) Property seized and forfeited to the State
when an individual has been convicted of a crime
involving forfeiture of property.''.
SEC. 412. FRAUDULENT TRANSFER PURSUIT.
Section 466(a) (42 U.S.C. 666(a)), as amended by section 410, is
amended by inserting after paragraph (25) the following new paragraph:
``(26) Procedures that allow the State to void fraudulent
conveyances of property that are made in an attempt to avoid
child support obligations.''.
SEC. 413. FULL IRS COLLECTION.
(a) Sense of the Congress.--It is the sense of the Congress that
the Commissioner of the Internal Revenue Services should instruct the
field offices and agents of the Internal Revenue Service to give a high
priority to requests for the use of full collection in delinquent child
support cases, and to set uniform standards for full collection to
ensure its expeditious and effective implementation.
(b) Simplified Procedure.--The Secretary of the Treasury, in
consultation with the Secretary of Health and Human Services, shall by
regulation simplify the full collection process and reduce the amount
of child support arrearage needed before an individual may apply for
full collection, and shall report to the Congress by January 1, 1995,
on the actions taken and the effect of such actions.
SEC. 414. BONDS.
Paragraph (6) of section 466(a) (42 U.S.C. 666(a)) is amended by
inserting ``(A)'' after ``(6)'' and by adding at the end the following
new subparagraph:
``(B) In cases not involving absent parents, procedures
which allow the posting of a cash bond, security deposit, or
personal undertaking with the State child enforcement agency if
child support payments are not timely made, with the refund of
funds (other than the costs of posting) if the individual who
owes a child support obligation makes full payments for a
prescribed period of time.''.
SEC. 415. TAX OFFSET FOR NONAFDC POST-MINOR CHILD.
Section 464(c) (42 U.S.C. 664(c)) is amended--
(1) by striking ``(1) Except as provided in paragraph (2),
as'' and inserting ``As'', and
(2) by striking paragraphs (2) and (3).
SEC. 416. ATTACHMENT OF PUBLIC AND PRIVATE RETIREMENT FUNDS.
Section 466(a) (42 U.S.C. 666(a)), as amended by section 412, is
amended by inserting after paragraph (26) the following new paragraph:
``(27) Procedures under which--
``(A) an individual owed a child support obligation
may attach lump sum funds invested by the individual
who owes such obligation or the employer of such
individual in public and private retirement plans,
including any funds that are prematurely reachable by
such individual without loss of employment even if the
distribution would cause a penalty or tax to such
individual for early withdrawal;
``(B) all early withdrawal penalties or taxes
remain the responsibility of the individual who owes
such obligation; and
``(C) the attachment is made without the
requirement of a separate court order, with notice and
an expedited hearing provided if requested.''.
SEC. 417. REPORTING TO CREDIT BUREAUS.
Section 466(a)(7)(A) (42 U.S.C. 666(a)(7)(A)) is amended by
striking ``$1,000'' and inserting ``2-month's worth of support''.
SEC. 418. CRIMINAL NONSUPPORT.
Section 466(a) (42 U.S.C. 666(a)), as amended by section 416 is
amended by inserting after paragraph (27) the following new paragraph:
``(28) Procedures under which--
``(A) criminal nonsupport penalties may be imposed;
and
``(B) the use immunity may be granted to compel
testimony in civil child support proceedings where the
defendant claims a Fifth Amendment privilege against
self-incrimination, and once granted, bars Federal or
other State prosecution for criminal nonsupport based
on the testimony given in the civil proceeding in which
use immunity was granted.''.
SEC. 419. STATUTES OF LIMITATION.
(a) In General.--Section 466(a) (42 U.S.C. 666(a)), as amended by
section 418, is amended by inserting after paragraph (28) the following
new paragraph:
``(29) Procedures which permit the enforcement of any child
support order until at least the child's 30th birthday.''.
(b) Effective Date.--The amendment made by this section shall apply
to orders entered before, on, and after the date of the enactment of
this Act.
SEC. 420. INTEREST.
Section 466(a) (42 U.S.C. 666(a)), as amended by section 419, is
amended by inserting after paragraph (29) the following new paragraph:
``(30) Procedures under which the State child support
enforcement agency is required to assess and collect interest
on all child support judgments, at the rate determined for
interest on money judgments, and in addition to any late
payment fee imposed by the State under section 454(21).''.
SEC. 421. HEALTH-CARE ENFORCEMENT.
Section 466(a) (42 U.S.C. 666(a)), as amended by section 420, is
amended by inserting after paragraph (30) the following new paragraph:
``(31) Procedures under which--
``(A) a rebuttable presumption is established that
the individual owed a child support obligation shall
have the right to choose the appropriate health care
insurance for the children of the parties;
``(B) in making the appropriate order for health
care insurance, the court shall consider the
availability, coverage, and cost of any proposed
insurance plan;
``(C) the insurance premium and noncovered health
care expenses are apportioned between the parents
pursuant to a formula included in the State's child
support guideline;
``(D) any insurance premium or sum-certain health
care expense for which the individual who owes such
obligation is responsible shall be included in the
child support order;
``(E) the individual owed such obligation under the
child support order may act in the place of the
insured, including the right to make direct application
for insurance, and to make claims and sign claim forms
to the same extent as the insured could;
``(F) if the individual who owes such obligation is
securing the insurance, such individual shall provide,
within 30 days of the order, written proof to the
individual owed such obligation and the State child
support enforcement agency that insurance has been
obtained or an application made for insurance, and the
date the insurance coverage is to take effect;
``(G) each welfare benefit plan operating under the
laws of the State is required to include in such plan
that--
``(i) the employer or union shall release
to the individual owed such obligation or the
State child enforcement agency, upon request,
information on the dependent coverage including
the name of the insurer,
``(ii) the employer or union or insurer
shall provide all necessary reimbursement forms
to such individual, and
``(iii) the employer or union shall provide
claim forms and enrollment cards to such
individual and honor the signature of such
individual on the claim form;
``(H) courts shall quantify `reasonable cost' in
the order providing for medical support; and
``(I) employers located in the State are required
to provide notice, using an address provided by the
State child support enforcement agency, to the
custodial parent for children of any termination or
change in benefit of an insurance plan under which
children in the parent's care are covered.''.
SEC. 422. BANKRUPTCY.
(a) Definition.--Section 101 of title 11, United States Code, is
amended by inserting after paragraph (12) the following new paragraph:
``(12a) `debt for child support' means a debt to a child
for maintenance for or support of the child within the meaning
of section 523(a)(5).''.
(b) Exception From Automatic Stay.--Section 362(b) of title 11,
United States Code, is amended--
(1) by inserting ``(A)'' after ``(2)'';
(2) by adding ``or'' after the semicolon; and
(3) by adding at the end the following new paragraph:
``(B) under subsection (a), of the commencement or
continuation of a civil action or administrative proceeding
against the debtor--
``(i) to establish parentage;
``(ii) to establish, review, adjust, or modify a
judgment or order creating a debt for child support; or
``(iii) to enforce or collect on a judgment or
order issued in such an action or proceeding;''.
(c) Treatment of Debt for Child Support in Proceedings Under
Chapters 11, 12, and 13.--
(1) Chapter 11.--Section 1123(a) of title 11, United States
Code, is amended--
(A) by striking ``and'' at the end of paragraph
(6);
(B) by striking the period at the end of paragraph
(7) and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(8) provide for the full payment when due of debts for
child support, unless the parent in custody or guardian of the
child agrees otherwise.''.
(2) Chapter 12.--Section 1222(a) of title 11, United States
Code, is amended--
(A) by striking ``and'' at the end of paragraph
(2);
(B) by striking the period at the end of paragraph
(3) and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(4) provide for the full payment when due of debts for
child support, unless the parent in custody or guardian of the
child agrees otherwise.''.
(3) Chapter 13.--Section 1322(a) of title 11, United States
Code, is amended--
(A) by striking ``and'' at the end of paragraph
(2);
(B) by striking the period at the end of paragraph
(3) and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(4) provide for the full payment when due of debts for
child support, unless the parent in custody or guardian of the
child agrees otherwise.''.
(d) Assertion of Claim for Child Support.--
(1) In general.--Subchapter I of chapter 5 of title 11,
United States Code, is amended by adding at the end the
following new section:
``Sec. 511. Assertion of claim for child support
``(a) In General.--A claim for payment of a debt for child support
may be asserted by the filing of a claim form that describes the debt.
``(b) Fee.--No fee shall be charged for the filing of a claim
described in subsection (a).
``(c) Requirements for Appearance.--A claim described in subsection
(a) may be made in any court by a person appearing--
``(1) in proper person; or
``(2) through an attorney admitted to practice in any
district court, without the attorney's being required to meet
any admission requirements other than those applicable in the
district in which the attorney is admitted to practice.''.
(2) Bankruptcy rules.--Pursuant to section 2705 of title
28, United States Code, the Bankruptcy Rules shall be amended
as necessary to implement section 511 of title 11, United
States Code, as added by paragraph (1); until the Bankruptcy
Rules are so amended, any provision of the Bankruptcy Rules or
the rules of any court that is inconsistent with that section
is superseded by that section.
(e) Clarification of the Nondischargeability of State Public Debts
and Assigned Child Support Based on the Provision of Expenditures Under
Parts A and E of Title IV of the Social Security Act.--Section 523 of
title 11, United States Code, is amended by adding at the end the
following new subsection:
``(f) For the purposes of subsection (a)(5), a debt to a child of
the debtor for maintenance for or support of the child includes State
public debts and assigned child support based on the provision of
expenditures under parts A and E of title IV of the Social Security Act
(43 U.S.C. 401 et seq. and 470 et seq.).''.
SEC. 423. FEDERAL GOVERNMENT COOPERATION IN ENFORCEMENT OF SUPPORT
OBLIGATIONS OF MEMBERS OF THE ARMED FORCES AND OTHER
PERSONS ENTITLED TO PAYMENTS BY THE FEDERAL GOVERNMENT.
(a) Availability of Current Locator Information.--The Secretary of
Defense shall prescribe regulations providing for each worldwide
personnel locator service of the Armed Forces and each installation
personnel locator service of the Armed Forces--
(1) to include the residential address of each member of
the Armed Forces listed in such service;
(2) in the case of a change of duty station or residential
address of a member so listed, to be updated with regard to the
residential address of the member within 30 days after the
change of duty station or residential address; and
(3) to make the information regarding the member's
residential address available, on request, to any authorized
person (as defined in section 453(c) of the Social Security Act
(42 U.S.C. 653(c)) for the purposes of part D of title IV of
such Act.
(b) Facilitating the Granting of Leave for Attendance at
Hearings.--
(1) Regulations required.--The Secretary of each military
department shall prescribe regulations to facilitate the
granting of leave to a member of the Armed Forces under the
jurisdiction of that Secretary when necessary for the member to
attend a hearing of a Court that is conducted in connection
with a civil action--
(A) to determine whether the member is a natural
parent of a child; or
(B) to determine an obligation of the member to
provide child support.
(2) Waiver authority.--The regulations may authorize a
waiver of the applicability of the regulations to a member of
the Armed Forces when--
(A) the member is serving in an area of combat
operations; or
(B) such a waiver is otherwise necessary in the
national security interest of the United States.
(3) Definitions.--In this section:
(A) The term ``Court'' has the meaning given such
term in section 1408(a) of title 10, United States
Code.
(B) The term ``child support'' has the meaning
given such term in section 462 of the Social Security
Act (42 U.S.C. 662).
(c) Payment of Military Retired Pay in Compliance With Court
Orders.--
(1) Date of certification of court order.--Section 1408 of
title 10, United States Code, is amended--
(A) by redesignating subsection (h) as subsection
(i); and
(B) by inserting after subsection (g) the following
new subsection (h):
``(h) Certification Date.--It is not necessary that the date of a
certification of the authenticity or completeness 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.''.
(2) Payments consistent with assignments of rights to
states.--
(A) Authority.--Subsection (d)(1) of such section
is amended by inserting after the first sentence the
following: ``In the case of a spouse or former spouse
who, pursuant to section 402(a)(26) of the Social
Security Act (42 U.S.C. 602(26)), assigns to a State
the rights of the spouse or former spouse to receive
support, the Secretary concerned may make the child
support payments referred to in the preceding sentence
to that State in amounts consistent with the assignment
of rights.''.
(B) Rule of construction.--Subsection (c)(2) of
such section is amended--
(i) by inserting after the first sentence
the following: ``The second sentence of
subsection (d)(1) shall not be construed to
create any such right, title, or interest.'';
(ii) by inserting ``(A)'' after ``(2)'';
and
(ii) by designating the last sentence as
subparagraph (B).
(3) Arrearages owed by members of the uniformed services.--
Part D of title IV (42 U.S.C. 651 et seq.) is amended by
inserting after section 465 the following new section:
``SEC. 465A. PAYMENT OF CHILD SUPPORT ARREARAGES OWED BY MEMBERS OF THE
UNIFORMED SERVICES.
``Any authority, requirement, or procedure provided in this part or
section 1408 of title 10, United States Code, that applies to the
payment of child support owed by a member of the uniformed services (as
defined in section 101 of title 37, United States Code) shall apply to
the payment of child support arrearages as well as to amounts of child
support that are currently due.''.
SEC. 424. UIFSA ENDORSEMENT.
Section 466 (42 U.S.C. 666) is amended by adding at the end the
following new subsection:
``(f) In order to satisfy section 454(20)(A), each State must have
in effect laws which adopt without material change by January 1, 1996,
the officially approved version of the Uniform Interstate Family
Support Act adopted by the National Conference of Commissioners on
Uniform State Laws and approved by the American Bar Association House
of Delegates on February 9, 1993.''.
TITLE V--COLLECTION AND DISTRIBUTION
SEC. 501. PRIORITY OF DISTRIBUTION OF COLLECTIONS.
(a) State Distribution Plan.--Section 457 (42 U.S.C. 657) is
amended by adding at the end the following new subsection:
``(e) The amounts collected as support by a State pursuant to a
plan approved under this part during any fiscal year beginning after
September 30, 1994 (except amounts collected through a tax refund
offset), shall (subject to subsection (d) be distributed as follows:
``(1) To a current month's child support obligation.
``(2) After the fulfillment of the current month's
obligation, to debts owed the family (other than obligations
under this title); if any right to child support were assigned
to the State, then all arrearages that accrued after the child
no longer received assistance under this title are to be
distributed to the family; States may include any preassignment
family-debt arrearages at this priority level.
``(3) To reimburse the State making the collection for any
assistance payments made to the family (with appropriate
reimbursement of the Federal Government to the extent of its
participation in the financing).
``(4) To reimburse other States for payments described in
paragraph (3) (in the order in which such payments occurred).
The collecting State shall continue to enforce the order until
all such payments have been reimbursed and to transmit the
collections and identifying information to the other State.''.
(b) Study and Pilot Projects.--The Comptroller General of the
United States (hereafter in this subsection referred to as the
``Comptroller General'') shall analyze the existing child support
distribution system under section 457 of the Social Security Act and
authorize pilot projects for the distribution of arrearages in the
following order:
(1) Application of all support collected first to a current
month's child support obligation.
(2) Application of funds collected in excess of the amount
of the current month's obligation to debts owed the family
(other than obligations under this title).
(3) Using funds collected in excess of the debts to the
family and in excess of the amount of the current support
obligation, to reimburse the State making the collection for
any assistance payments made to the family (with appropriate
reimbursement of the Federal Government to the extent of its
participation in the financing).
(4) Using funds collected in excess of the current month's
support obligation after the debt to the family and the
collecting State have been satisfied, to reimburse other States
for payments described in paragraph (3) (in the order in which
such payments occurred). The collecting State shall continue to
enforce the order until all such payments have been reimbursed
and to transmit the collections and identifying information to
the other State.
(5) Subject to paragraph (6), the priority of distribution
of interest shall reflect the distribution priority for the
child support installment or the title IV of the Social
Security Act grant on which the interest accrued.
(6) A State's right to retain interest on assigned support
is limited to the grant amount paid by that State. All
additional interest is to be distributed to the individual owed
such support.
The pilot projects shall be awarded to States that allow for the
indefinite tolling of the statute of limitations on debts under title
IV of the Social Security Act and are not governed by Federal case law
that allows for the dischargeability of such debts in bankruptcy. In
analyzing each pilot project a cost-benefit analysis, a welfare-
medicaid-food stamp cost-avoidance analysis, and an analysis of the
family impact including a present value dollar valuation of the
distribution scheme shall be reported to the Comptroller General. The
Comptroller General shall report the results of the study and pilot
projects to the Congress.
(c) Revision of Federal Income Tax Refund Offset.--Section 6402 of
the Internal Revenue Code of 1986 (relating to authority to make
credits or refunds) is amended--
(1) by striking ``after any other reductions allowed by law
(but before'' in subsection (c) and inserting ``before any
other reductions allowed by law (and before'', and
(2) by striking ``with respect to past-due support
collected pursuant to an assignment under section 402(a)(26) of
the Social Security Act'' in subsection (d).
(d) Fifty-Dollar Disregarded for All Means-Tested Program.--Section
457(b)(1) (42 U.S.C. 657(b)(1)) is amended by inserting ``under this
part or under any other Federal program which determines eligibility
for assistance or amount of such assistance based on the income or
assets of the applicant for or recipient of such assistance'' after
``during such month''.
(e) Fill-The-Gap Policies Encouraged.--The Secretary of Health and
Human Services shall, upon request by any State, grant a waiver under
section 1115(a)(1) of the Social Security Act with respect to the date
limitations under section 402(a)(28) of such Act.
SEC. 502. RELATIONSHIP OF AFDC TO CSE--LIMITING REIMBURSEMENT CLAIMS TO
AWARD AMOUNT.
Section 466(a) (42 U.S.C. 666(a)), as amended by section 421, is
amended by inserting after paragraph (31) the following new paragraph:
``(32) Procedures under which any claims for the child's
portion of the assistance under this title such State may have
against a noncustodial parent shall be limited to the amount
specified as child support under a court or administrative
order.''.
SEC. 503. FEES FOR NONAFDC CLIENTS.
Clause (ii) of section 454(6)(E) (42 U.S.C. 654(6)(E)) shall be
amended to read as follows:
``(ii) at the option of the State, from any
individual other than the custodial parent;''.
SEC. 504. COLLECTION AND DISBURSEMENT POINTS FOR CHILD SUPPORT.
Section 454 (42 U.S.C. 654), as amended by section 301, is amended
by striking ``and'' at the end of paragraph (25), by striking the
period at the end of paragraph (26) and inserting ``; and'', and by
inserting after paragraph (26) the following new paragraph:
``(27) provide either one central, statewide collection,
accounting, and disbursement point for cases under this part or
several local or regional collection and disbursement points
throughout the State for all cases.''.
TITLE VI--FEDERAL ROLE
SEC. 601. PLACEMENT AND ROLE OF THE FEDERAL CHILD SUPPORT AGENCY.
Section 452(a) (42 U.S.C. 652(a)), as amended by section 403 is
amended--
(1) by striking ``under the direction of a designee of the
Secretary'' and inserting ``to be known as the Office of Child
Support Enforcement, under the direction of an assistant
secretary appointed by the President with the advice and
consent of the Senate'';
(2) by inserting ``using a methodology that reflects cost-
avoidance as well as cost-recovery'' after ``the States and the
Federal Government'' in paragraph (10)(A);
(3) by inserting ``, including a separate legal counsel for
the Office'' after ``Enforcement'' in paragraph (10)(B);
(4) by redesignating subparagraphs (H) and (I) of paragraph
(10) as subparagraphs (I) and (J) of such paragraph,
respectively, and by inserting after subparagraph (G) of such
paragraph the following new subparagraph:
``(H) the budgetary allocation of the $50 pass
through equally between part A and this part;''; and
(5) by striking ``and'' at the end of paragraph (13), by
striking the period at the end of paragraph (14) and inserting
``; and'', and by inserting after paragraph (14) the following
new paragraph:
``(15) initiate and actively pursue with other Federal
agencies, coordinated efforts on Federal legislation.''.
SEC. 602. TRAINING.
(a) Federal Training Assistance.--Section 452(a)(7) (42 U.S.C.
652(a)(7)) is amended by inserting ``and training'' after ``technical
assistance''.
(b) State Training Program.--Section 454 (42 U.S.C. 654), as
amended by section 504, is amended by striking ``and'' at the end of
paragraph (26), by striking the period at the end of paragraph (27) and
inserting ``; and'', and by inserting after paragraph (27) the
following new paragraph:
``(28) provide that the State will develop and implement a
training program which provides training no less than annually
to all personnel providing functions under the State plan.''.
(c) Report.--Section 452(a)(10) (42 U.S.C. 652(a)(10)), as amended
by section 601, is amended by redesignating subparagraphs (I) and (J)
as subparagraphs (J) and (K), respectively, and by inserting after
subparagraph (H) the following new subparagraph:
``(I) the training activities at the Federal and
State levels, the training audit, and the amount of
funds expended on training;''.
SEC. 603. STAFFING.
Section 452(a) (42 U.S.C. 652(a)), as amended by section 601, is
amended by striking ``and'' at the end of paragraph (14), by striking
the period at the end of paragraph (15) and inserting ``; and'', and by
inserting after paragraph (15) the following new paragraph:
``(16) conduct staffing studies for each State child
support enforcement program, including each agency and court
involved in the child support process, and report such results
to the Congress and State officials.''.
SEC. 604. FUNDING AND INCENTIVES FOR CHILD SUPPORT AGENCIES.
(a) Study.--The Comptroller General of the United States shall
study the incentive formula under section 458 of the Social Security
Act (42 U.S.C. 458) and investigate the feasibility, costs, and
benefits of the following:
(1) Encouraging States to centralize functions at the State
level.
(2) Abolishing minimum incentives to States as well as the
requirement that incentive funds be passed to local child
support enforcement agencies.
(3) Exploring incentive formula that are based on increases
in FFP for States that exceed performance criteria instead of
the present percentage of collections formula.
(4) Promoting quality control.
(5) Providing financial incentives for the enforcement of
health-care expenses.
(6) Providing for a Federal incentive formula that would
include tying incentive amounts to performance criteria that
include total collections as a denominator (not solely the
amount of AFDC collections) and which are not solely based on
cost-benefit criteria alone.
(b) Report.--The Comptroller General of the United States shall
report the results of the study described in subsection (a) to the
Congress not later than 1996.
SEC. 605. CHILD SUPPORT DEFINITION.
(a) In General.--Section 452 (42 U.S.C. 652) is amended by adding
at the end the following new subsection:
``(j) For purposes of this part, the term `child support' includes
periodic and lump sum payments for current and past due economic
support, payments of premiums for health insurance for children,
payments for or provision of child care, and payments for educational
expenses.''.
(b) Conforming Amendment.--Section 462(b) (42 U.S.C. 662(b)) is
amended--
(1) by inserting ``and lump sum'' after ``periodic'', and
(2) by inserting ``child care,'' after ``clothing,''.
SEC. 606. AUDITS.
(a) Study.--The Secretary of Health and Human Services shall
contract for a study of the audit process of the Office of Child
Support Enforcement to develop criteria and methodology for auditing
State child support enforcement agencies established under part D of
title IV of the Social Security Act. The study shall be designed to
result in improvements to the auditing process that include--
(1) reduction in the resources required to perform the
audit,
(2) simplified procedures for States to follow in obtaining
samples,
(3) the feasibility of sampling cases for needed action as
opposed to the present audit methods that require sampling
plans for each audit criteria, and
(4) a more timely audit period of review.
The study shall also be designed to determine a penalty process that
focuses on improving the delivery of child support services and not
harming families, specifically a penalty that is not tied to the
reduction of funds available to the States to provide payments under
the Aid to Families with Dependent Children program. Such a plan should
include the escrowing of funds withheld as penalties for use by States
in a federally approved program improvement.
(b) Report.--The Secretary of Health and Human Services shall
report the results of the study described in subsection (a) to the
Congress not later than 90 days after completion of the study.
(c) Continuation of OCSE's Audit Review.--From the date of the
report described in subsection (b), the audit review of the Office of
Child Support Enforcement shall be limited to cases open on such date
and cases closed within 180 days before such date, unless there is a
specific need for a longitudinal review of State agency case handling
that includes cases that have been closed for more than 180 days. The
criteria for longitudinal reviews shall be established by regulation by
the Secretary of Health and Human Services. The Office of Child Support
Enforcement shall continue to impose timeframes for implementation and
audit standards for each mandated function under part D of title IV of
the Social Security Act.
SEC. 607. CHILD SUPPORT ASSURANCE DEMONSTRATION PROJECTS.
(a) In General.--In order to encourage States to provide a
guaranteed minimum level of child support for every child not receiving
such support, the Secretary of Health and Human Services (hereafter in
this section referred to as the ``Secretary'') shall make grants to not
less than 6 States to conduct demonstration projects for the purpose of
establishing or improving a system of assured minimum child support
payments in accordance with this section.
(b) Contents of Application.--An application for grants under this
section shall be submitted by the Governor of a State and shall--
(1) contain a description of the proposed child support
assurance project to be established, implemented, or enhanced
using amounts provided under this section, including the
specific activities to be undertaken and the agencies that will
be involved;
(2) specify whether the project will be carried out
throughout the State or in limited areas of the State;
(3) estimate the number of children who will be eligible
for assured minimum child support payments under the project,
and the amounts to which such children will be entitled on
average as individuals and in the aggregate;
(4) describe the child support guidelines and review
procedures which are in use in the State and any expected
modifications;
(5) contain a commitment by the State to carry out the
project during a period of not less than 3 fiscal years
beginning with fiscal year 1994;
(6) specify the extent to which the State has implemented
(or will implement during the duration of the project) major
enforcement initiatives, such as central registries,
centralized administration, automated computer systems,
administrative law systems, universal wage withholding,
updating of orders, access to State data bases, legal
procedures for paternity establishment (including in-hospital
paternity establishment), and enforcement tools;
(7) specify the current relative quality of the State
enforcement system as compared to other States, including the
ratio of collections to accounts receivables for the immediate
past year, the ratio of collections to accounts receivables for
all past years, the ratio of collections to administrative
expenditures, and the paternity establishment rate;
(8) provide assurances that the State performance meets or
exceeds the national median paternity establishment rate (as
defined in section 452(g)(2) of the Social Security Act) and
provide assurances the State will continue to improve its
performance in the number of cases in which--
(A) paternity is established,
(B) child support orders are collected, and
(C) child support collections are made; and
(9) contain such other information as the Secretary may
require by regulation.
(c) Use of Funds.--A State shall use amounts provided under a grant
awarded under this section to carry out a child support assurance
project designed to provide a minimum monthly child support benefit for
each child in the State to the extent that such minimum child support
is not paid in a month by the noncustodial parent.
(d) Requirements.--(1) A child support assurance project funded
under this section shall provide that--
(A) the custodial parent is eligible for the assured child
support benefit if--
(i) such parent establishes paternity and has a
child support order established;
(ii) more than 1 year has passed since such parent
applied, in writing to the State for the establishment
of paternity and a child support order and has complied
with the requirements of paragraph (3), but neither
paternity nor a child support order has been
established due to circumstances beyond the control of
the parent; or
(iii) with respect to the custodial parent, the
danger of physical abuse of such parent is shown;
(B) the assured child support benefit shall be paid
promptly to the custodial parent at least once a month and
shall be offset and reduced to the extent that the custodial
parent receives child support in a month from the noncustodial
parent; and
(C) in the event that the family as a whole becomes
ineligible for Aid to Families With Dependent Children under
part A of title IV of the Social Security Act due to
consideration of assured child support benefits, the continuing
eligibility of the caretaker for Aid to Families With Dependent
Children under such title shall be calculated without
consideration of the assured child support benefit.
(2) For purposes of this section, the term ``child'' means an
individual who is of such an age, disability, or educational status as
to be eligible for child support as provided by the law of the State in
which such individual resides.
(3) The requirements of this paragraph are as follows:
(A) Provide the name of the alleged father.
(B) Provide sufficient information to verify the identity
of the person named, including the present address of the
person, the past or present place of employment of the person,
the past or present school attended by the person, the name and
address of the person's parents, friends or relatives that can
provide location information for the person, the telephone
number of the person, the social security number of the person,
the date of birth of the person, or other information that, if
reasonable efforts were made by the State, could lead to
identify a particular person to be served with process.
(C) Continue to provide all other relevant information that
the applicant has that may be requested by the State.
(D) Appear at required interviews, conference hearings or
legal proceedings, if notified in advance and an illness or
emergency does not prevent attendance.
(E) Submit (along with the child) to genetic tests.
(4) For purposes of this section, the term ``circumstances beyond
the control of the parent'' includes--
(A) failure of the State to make reasonable and timely
efforts to locate the noncustodial parent,
(B) instances in which the noncustodial parent cannot be
located despite the State's reasonable efforts because the
noncustodial parent has disappeared or moved out of the
country,
(C) instances in which the noncustodial parent has been
located but the State has failed to serve such parent with the
legal papers,
(D) cases in which the State or courts have failed to
complete the legal process to establish paternity or set an
award, and
(E) other cases in which the State's or court's action or
inaction has resulted in the failure to establish paternity or
set an award.
(e) Consideration and Priority of Applications.--The Secretary
shall consider all applications received from States desiring to
conduct demonstration projects under this section and shall approve the
6 applications which appear likely to contribute significantly to the
achievement of the purpose of this section. In selecting States to
conduct demonstration projects under this section, the Secretary shall
consider geographic diversity, variety in types of support guideline
models used, and variation in population of the applicants.
(f) Evaluation and Reports.--(1) Each State that conducts a
demonstration project under this section shall, as a part of such
demonstration project, conduct an interim and a final evaluation of the
effectiveness of the demonstration project and shall submit an interim
and final report to the Secretary concerning the results of the
evaluation and any improvements in child support enforcement.
(2) The evaluation and report submitted by a State to the Secretary
shall analyze and describe (in such a manner as prescribed by the
Secretary)--
(A) the impact of the child support assurance project on
the economic and noneconomic well-being of children and adults
in both custodial and noncustodial households;
(B) the work force participation rates of both custodial
and noncustodial parents as a result of participation in the
child support assurance project;
(C) the impact of the child support assurance project on
Aid to Families With Dependent Children participation rates,
grants, and funding levels;
(D) the impact of the child support assurance project on
paternity establishment;
(E) a comparison of enforcement effectiveness in intrastate
and interstate cases;
(F) administrative policies and laws of the Federal
Government and the State or a political subdivision of the
State, identified by the State as impediments to the
implementation of child support assurance;
(G) the measures that the State has taken to implement the
project and the lessons learned therefrom by the State; and
(H) any other relevant items as the Secretary may require.
(g) Duration.--A demonstration project conducted under this section
shall be commenced not later than fiscal year 1994 and shall be
conducted for not less than 3 and not more than 5 consecutive fiscal
years, except that the Secretary may terminate a project before the end
of such period if the Secretary determines that the State conducting
the project is not in substantial compliance with the terms of the
application approved by the Secretary under this section.
(h) Cost Savings Recovery.--The Secretary shall develop a
methodology to identify any State cost savings realized in connection
with the implementation of a child support assurance project conducted
under this section. Any such savings realized as a result of the
implementation of a child support assurance project shall be utilized
for child support enforcement improvements or expansions and
improvements in the Aid to Families With Dependent Children Program
conducted under part A of title IV of the Social Security Act within
the participating State, and Federal expenditures for such project
within the State shall be reduced in proportion to any such savings.
(i) Evaluation and Report to Congress.--Three and 5 years after
commencement of the first State child support assurance project, the
Secretary shall conduct an evaluation of each such project and submit a
report to the Committee on Finance and the Committee on Labor and Human
Resources of the Senate, and the Committee on Ways and Means and the
Committee on Education and Labor of the House of Representatives
concerning the effectiveness of the child support assurance projects
funded under this section. Such report shall analyze the reports
received by the Secretary under subsection (f) from each participating
State and shall compare the effects of different types of child support
guidelines.
(j) Restrictions on Matching and Use of Funds.--(1) A State
conducting a demonstration project under this section shall be
required--
(A) except as provided in paragraph (2), to provide not
less than 15 percent of the total amounts expended in each
calendar year of the project to pay the costs associated with
the project funded under this section; and
(B) to maintain its level of expenditures for child support
collection, enforcement, and payment at the same level, or at a
higher level, than such expenditures were prior to such State's
participation in a demonstration project provided by this
section.
(2) A State participating in a demonstration project under this
section may provide no less than 10 percent of the total amounts
expended to pay the costs associated with the project funded under this
section in years after the first year such project is conducted in a
State if the State meets the improvements specified in subsection
(b)(6).
(k) Treatment of Child Support Benefit.--Any assured child support
benefit received by an individual under this section shall be
considered child support for purposes of the Internal Revenue Code of
1986.
(l) Authorization of Appropriations.--There are authorized to be
appropriated and are appropriated such sums as may be necessary in each
of the fiscal years 1994, 1995, 1996, 1997, and 1998, to carry out the
purposes of this section.
TITLE VII--STATE ROLE
SEC. 701. PROHIBITION OF RESIDENCY REQUIREMENT FOR IV-D SERVICES.
Section 454 (42 U.S.C. 654), as amended by section 602, is amended
by striking ``and'' at the end of paragraph (27), by striking the
period at the end of paragraph (28) and inserting ``; and'', and by
inserting after paragraph (28) the following new paragraph:
``(29) provide that an applicant may not be denied services
under the plan solely because of the applicant's nonresidency
in that State.''.
SEC. 702. ADVOCATING FOR CHILDREN'S ECONOMIC SECURITY.
Section 454 (42 U.S.C. 654), as amended by section 701, is amended
by striking ``and'' at the end of paragraph (28), by striking the
period at the end of paragraph (29) and inserting ``; and'', and by
inserting after paragraph (29) the following new paragraph:
``(30) provide that the State agency administering the plan
shall advocate to promote the greatest economic security
possible for children, within the ability of the individual who
owes a child support obligation to pay such obligation.''.
SEC. 703. DUTIES OF IV-D AGENCIES.
Section 454 (42 U.S.C. 654), as amended by section 702, is amended
by striking ``and'' at the end of paragraph (29), by striking the
period at the end of paragraph (30) and inserting ``; and'', and by
inserting after paragraph (30) the following new paragraph:
``(31) provide that the State agency administering the plan
shall provide to all custodial parents--
``(A) a written description of available services
and a statement articulating the priority of
distribution and the degree of confidentiality of
information;
``(B) a statement that before the agency consents
to a dismissal with prejudice or a reduction of
arrearages, the agency shall provide notice to the last
known address at least 30 days before dismissal;
``(C) written quarterly reports on case status;
``(D) a statement that services under this part are
mandatory if an individual is determined eligible under
part A; and
``(E) a statement that while eligibility under part
A is being determined, an applicant is eligible for
services under this part and all application fees are
deferred pending such determination.''.
SEC. 704. BROADER ACCESS TO SERVICES.
It is the sense of the Congress that State and local child support
enforcement agencies should provide--
(1) offices in easily accessible locations near public
transportation,
(2) office hours that allow parents to meet with attorneys
and caseworkers without taking time off from work, and
(3) office environments conducive to discussion of legal
and personal matters in privacy (e.g., individual interview
rooms and child care facilities).
SEC. 705. PROCESS FOR CHANGE OF PAYEE IN IV-D CASES.
Section 466(a) (42 U.S.C. 666(a)), as amended by section 502, is
amended by inserting after paragraph (32) the following new paragraph:
``(33) Procedures under which a change in payee may not
require a court hearing or order to take effect and may be done
administratively, as long as a statement by an agency official
is included in the court or administrative file documenting the
change.''.
TITLE VIII--EFFECTIVE DATE
SEC. 801. EFFECTIVE DATE.
Except as otherwise provided in this Act, the amendments made by
this Act shall take effect on and after January 1, 1996.
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