ACTION
FROM THE COMMITTEE ON WAYS AND MEANS
FOR IMMEDIATE RELEASE, Contact: (202) 225-1025
June 29, 2000
No. HR 4-A
Johnson Announces Subcommittee Action
on H.R. 4678, the "Child Support Distribution Act of 2000"
Congresswoman Nancy L. Johnson (R-CT), Chairman of the Subcommittee on
Human Resources of the Committee on Ways and Means, today announced that
on Tuesday, June 27, 2000, the Subcommittee ordered favorably
reported, as amended, to the full Committee, H.R.
4678, the "Child Support Distribution Act of 2000," by a recorded vote
of 7-6.
DESCRIPTION OF H.R. 4678 AS APPROVED:
The bill would provide more child support
money to families leaving welfare, simplify the rules governing the assignment
and distribution of child support collected by States, improve the collection
of child support, authorize demonstration programs on encouraging public
and private agencies to help collect child support, and implement a fatherhood
grant program to promote marriage, encourage successful parenting, and
help fathers find jobs and increase their earnings.
TITLE I: Distribution of Child
Support
Rights to child support payments during
the time a family is on welfare would be assigned to the State; child support
rights during the time a family is off welfare would be assigned to the
family. When families are on welfare, the State would keep child support
payments (and split them with the Federal Government); when families are
off welfare, all child support, including payments on past-due child support,
would be paid to the family until the family has been paid all that has
been assigned to them. Only when the family has been completely repaid
would the State be able to retain (and split with the Federal Government)
child support payments on past-due support that has been assigned to the
State. While families are on welfare, States would have the option of sharing
collections with the family, although States would still be responsible
for paying the Federal share.
TITLE II: Review and Adjustment of Child
Support Orders
Child support orders that are being enforced
by the State program would be reviewed and updated every three years. When
a family leaves welfare, the State child support enforcement agency would
take actions to get child support payments started, and also review and
adjust the child support order if it has not been updated during the previous
year.
TITLE III: Expanded Information and
Enforcement
Guidelines would be developed by the Secretary
of the U.S. Department of Health and Human Services (HHS) for involvement
of public non-IV-D and private agencies in child support enforcement, and
a report containing recommendations for the States to use in their oversight
of these agencies would be issued. The U.S. General Accounting Office would
be required to report to Congress on private companies now involved in
child support collections. After these reports, the Secretary of HHS would
be required to approve up to10 demonstration programs by States with respect
to public non-IV-D agencies. Beginning on October 1, 2003, the Secretary
would be required to approve up to three demonstration programs by States
with respect to private entities. In both cases, the Secretary would require
States to sign a written agreement that covers privacy safeguards, data
security, due process rights, automated systems, liability, fees, and other
issues.
TITLE IV: Expanded Enforcement
The bill would improve the collection of
child support by decreasing the past-due amount that triggers passport
denial to $2,500 from $5,000, and expanding the tax refund intercept program
so it can be used to collect past-due child support on behalf of a child
who is no longer a minor.
TITLE V: Fatherhood Programs
A fatherhood grant program would be established.
To be eligible for grants, public and private projects would present detailed
information on how they would work with poor and low-income fathers to
achieve three purposes: promote marriage, promote successful parenting,
and promote better jobs for poor fathers.
A bipartisan panel, appointed by the Administration
and by Congress, would be established to review applications and make recommendations
to the Secretary regarding which applicants should be awarded grants. About
$140 million for these projects would be available. Not less than 75 percent
of the funded entities would be non-governmental (including faith-based)
organizations. The Secretary would ensure a balance of projects along several
dimensions. Fathers participating in project work activities would be prohibited
from filling a job vacancy if any individual is on a layoff from the same
or an equivalent job with that employer or if the employer has terminated
the employment of any regular employee to create the vacancy.
For the fatherhood grant program for fiscal
years 2001 through 2007, $140 million would be appropriated. The charitable
choice provision of the welfare reform law of 1996 (P.L.
104-193) would apply to these fatherhood grants; this provision allows
States to contract with charitable, religious, or private organizations
to deliver services.
In addition, a national clearinghouse of
information about fatherhood programs and a multi-city fatherhood demonstration
project would be established.
Non-profit fatherhood organizations eligible
to apply for one of the two $5 million multi-city fatherhood project grants
would be required to have several years of experience in designing and
conducting fatherhood programs; experience in conducting fatherhood projects
in more than one major city, and experience in coordinating programs with
local government agencies and private, nonprofit agencies. One of the fatherhood
organizations would be required to have extensive experience in using married
couples to deliver their program in the inner-city.
TITLE VI: Miscellaneous
The time that funds can be spent on the
evaluation of the Abstinence Education Program would be extended through
2005. State Employment Security Agencies would be allowed to use information
in the Federal Directory of New Hires to help administer unemployment programs.
Non-citizens who owe more than $2,500 in child support to American
citizens would be denied visas and residency in the United States. A non-immigrant
alien owing more than $2,500 in past-due child support would be reported
to the Secretary of the U.S. Department of State and the Attorney General
for enforcement purposes. The Welfare-to-Work high performance bonus would
be repealed.
HR 4678 IH
106th CONGRESS
2d Session
H. R. 4678
To provide more child support money to families leaving welfare,
to simplify the rules governing the assignment and distribution of child
support collected by States on behalf of children, to improve the collection
of child support, to promote marriage, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
June 15, 2000
Mrs. JOHNSON of Connecticut (for herself, Mr. CAMP, and Mr. ENGLISH) introduced
the following bill; which was referred to the Committee on Ways and Means,
and in addition to the Committees on the Judiciary, and Education and the
Workforce, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdiction
of the committee concerned
A BILL
To provide more child support money to families leaving welfare,
to simplify the rules governing the assignment and distribution of child
support collected by States on behalf of children, to improve the collection
of child support, to promote marriage, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Child Support Distribution Act of 2000'.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 2. Table of contents.
TITLE I--DISTRIBUTION OF CHILD SUPPORT
Sec. 101. Distribution of child support collected by States on behalf
of children receiving certain welfare benefits.
TITLE II--REVIEW AND ADJUSTMENT OF CHILD SUPPORT ORDERS
Sec. 201. Mandatory review and modification of child support orders
for TANF recipients.
TITLE III--EXPANDED INFORMATION AND ENFORCEMENT
Sec. 301. Guidelines for involvement of public non-IV-D and private
agencies in child support enforcement.
Subtitle A--State Option to Provide Information and Enforcement Mechanisms
to Public Non-IV-D Child Support Enforcement Agencies
Sec. 311. Establishment and enforcement of child support obligations
by public non-IV-D child support enforcement agencies.
Sec. 312. Use of certain enforcement mechanisms.
Sec. 313. Effective date.
Subtitle B--State Option to Provide Information and Enforcement Mechanisms
to Private Child Support Enforcement Agencies
Sec. 321. Establishment and enforcement of child support obligations
by private child support enforcement agencies.
Sec. 322. Use of certain enforcement mechanisms.
Sec. 323. Effective date.
TITLE IV--EXPANDED ENFORCEMENT
Sec. 401. Decrease in amount of child support arrearage triggering
passport denial.
Sec. 402. Use of tax refund intercept program to collect past-due child
support on behalf of children who are not minors.
TITLE V--FATHERHOOD PROGRAMS
Subtitle A--Fatherhood Grant Program
Sec. 501. Fatherhood grants.
Subtitle B--Fatherhood Projects of National Significance
Sec. 511. Fatherhood projects of national significance.
TITLE VI--MISCELLANEOUS
Sec. 601. Change dates for abstinence evaluation.
Sec. 602. Report on undistributed child support payments.
Sec. 603. Use of new hire information to assist in administration of
unemployment compensation programs.
Sec. 604. Immigration provisions.
Sec. 605. Correction of errors in conforming amendments in the Welfare-To-Work
and Child Support Amendments of 1999.
Sec. 606. Elimination of set-aside of welfare-to-work funds for successful
performance bonus.
TITLE VII--EFFECTIVE DATE
Sec. 701. Effective date.
TITLE I--DISTRIBUTION OF CHILD SUPPORT
SEC. 101. DISTRIBUTION OF CHILD SUPPORT COLLECTED BY STATES ON BEHALF OF
CHILDREN RECEIVING CERTAIN WELFARE BENEFITS.
(a) MODIFICATION OF RULE REQUIRING ASSIGNMENT OF SUPPORT RIGHTS AS
A CONDITION OF RECEIVING TANF- Section 408(a)(3) of the Social Security
Act (42 U.S.C. 608(a)(3)) is amended to read as follows:
`(3) NO ASSISTANCE FOR FAMILIES NOT ASSIGNING CERTAIN SUPPORT RIGHTS
TO THE STATE- A State to which a grant is made under section 403 shall
require, as a condition of providing assistance to a family under the State
program funded under this part, that a member of the family assign to the
State any rights the family member may have or acquire (on behalf of the
family member or of any other person for whom the family member has applied
for or is receiving such assistance) to support from any other person for
any period for which the family receives assistance under the program,
in an amount equal to the lesser of--
`(A) the number of months for which the family receives or has received
assistance from the State (within the meaning of section 457) and for which
there is in effect a support order on behalf of the family member or such
other person, multiplied by the amount of monthly support awarded by the
order; or
`(B) the total amount of assistance so provided to the family.'.
(b) INCREASING CHILD SUPPORT PAYMENTS TO FAMILIES AND SIMPLIFYING CHILD
SUPPORT DISTRIBUTION RULES-
(A) IN GENERAL- Section 457(a) of such Act (42 U.S.C. 657(a)) is amended
to read as follows:
`(a) IN GENERAL- Subject to subsections (d) and (e), the amounts collected
on behalf of a family as support by a State pursuant to a plan approved
under this part shall be distributed as follows:
`(1) FAMILIES RECEIVING ASSISTANCE- In the case of a family receiving
assistance from the State, the State shall--
`(A) pay to the Federal Government the Federal share of the amount
collected, subject to paragraph (3)(A);
`(B) retain, or pay to the family, the State share of the amount collected,
subject to paragraph (3)(B); and
`(C) pay to the family any remaining amount.
`(2) FAMILIES THAT FORMERLY RECEIVED ASSISTANCE- In the case of a family
that formerly received assistance from the State:
`(A) CURRENT SUPPORT- To the extent that the amount collected does
not exceed the current support amount, the State shall pay the amount to
the family.
`(B) ARREARAGES- To the extent that the amount collected exceeds the
current support amount, the State--
`(i) shall first pay to the family the excess amount, to the extent
necessary to satisfy support arrearages not assigned pursuant to section
408(a)(3);
`(ii) if the amount collected exceeds the amount required to be paid
to the family under clause (i), shall--
`(I) pay to the Federal Government, the Federal share of the excess
amount described in this clause, subject to paragraph (3)(A); and
`(II) retain, or pay to the family, the State share of the excess amount
described in this clause, subject to paragraph (3)(B); and
`(iii) shall pay to the family any remaining amount.
`(A) FEDERAL REIMBURSEMENTS- The total of the amounts paid by the State
to the Federal Government under paragraphs (1) and (2) of this subsection
with respect to a family shall not exceed the Federal share of the amount
assigned with respect to the family pursuant to section 408(a)(3).
`(B) STATE REIMBURSEMENTS- The total of the amounts retained by the
State under paragraphs (1) and (2) of this subsection with respect to a
family shall not exceed the State share of the amount assigned with respect
to the family pursuant to section 408(a)(3).
`(4) FAMILIES THAT NEVER RECEIVED ASSISTANCE- In the case of any other
family, the State shall pay the amount collected to the family.
`(5) FAMILIES UNDER CERTAIN AGREEMENTS- Notwithstanding paragraphs
(1) through (4), in the case of an amount collected for a family in accordance
with a cooperative agreement under section 454(33), the State shall distribute
the amount collected pursuant to the terms of the agreement.
`(6) STATE FINANCING OPTIONS- To the extent that the State share of
the amount payable to a family for a month pursuant to paragraph (2)(B)
of this subsection exceeds the amount that the State estimates (under procedures
approved by the Secretary) would have been payable to the family for the
month pursuant to former section 457(a)(2) (as in effect for the State
immediately before the date this subsection first applies to the State)
if such former section had remained in effect, the State may elect to use
the grant made to the State under section 403(a) to pay the amount, or
to have the payment considered a qualified State expenditure for purposes
of section 409(a)(7), but not both. For purposes of section 455, any such
payment from the grant made to the State under section 403(a) shall be
considered an amount expended for the operation of the plan approved under
section 454.'.
(B) APPROVAL OF ESTIMATION PROCEDURES- Not later than October 1, 2001,
the Secretary of Health and Human Services, in consultation with the States
(as defined for purposes of part D of title IV of the Social Security Act),
shall establish the procedures to be used to make the estimate described
in section 457(a)(6) of such Act.
(2) CURRENT SUPPORT AMOUNT DEFINED- Section 457(c) of such Act (42
U.S.C. 657(c)) is amended by adding at the end the following:
`(5) CURRENT SUPPORT AMOUNT- The term `current support amount' means,
with respect to amounts collected as support on behalf of a family, the
amount designated as the monthly support obligation of the noncustodial
parent in the order requiring the support.'.
(3) CONVERSION OF PERMANENTLY ASSIGNED CHILD SUPPORT OBLIGATIONS- Section
457(b) of such Act (42 U.S.C. 657(b)) is amended by inserting `until October
1, 2007 (or such earlier date as the State may select)' before the period.
(c) BAN ON RECOVERY OF MEDICAID COSTS FOR CERTAIN BIRTHS- Section 454
of such Act (42 U.S.C. 654) is amended--
(1) by striking `and' at the end of paragraph (32);
(2) by striking the period at the end of paragraph (33) and inserting
`; and'; and
(3) by inserting after paragraph (33) the following:
`(34) provide that the State shall not use the State program operated
under this part to collect any amount owed to the State by reason of costs
incurred under the State plan approved under title XIX for the birth of
a child for whom support rights have been assigned pursuant to section
408(a)(3), 471(a)(17), or 1912.'.
(d) CONFORMING AMENDMENTS-
(1) Section 409(a)(7)(B)(i)(I)(aa) of such Act (42 U.S.C. 609(a)(7)(B)(i)(I)(aa))
is amended by striking `457(a)(1)(B)' and inserting `457(a)(1)(B)(ii)'.
(2) Section 404(a) of such Act (42 U.S.C. 604(a)) is amended--
(A) by striking `or' at the end of paragraph (1);
(B) by striking the period at the end of paragraph (2) and inserting
`; or'; and
(C) by adding at the end the following:
`(3) to fund payment of an amount pursuant to section 457(a)(2)(B)(i),
but only to the extent that the State properly elects under section 457(a)(6)
to use the grant to fund the payment.'.
(3) Section 409(a)(7)(B)(i) of such Act (42 U.S.C. 609(a)(7)(B)(i))
is amended by adding at the end the following:
`(V) PORTIONS OF CERTAIN CHILD SUPPORT PAYMENTS COLLECTED ON BEHALF
OF AND DISTRIBUTED TO FAMILIES NO LONGER RECEIVING ASSISTANCE- Any amount
paid by a State pursuant to section 457(a)(2)(B)(i), but only to the extent
that the State properly elects under section 457(a)(6) to have the payment
considered a qualified State expenditure.'.
(1) IN GENERAL- The amendments made by this section shall take effect
on October 1, 2005, and shall apply to payments under parts A and D of
title IV of the Social Security Act for calendar quarters beginning on
or after such date, and without regard to whether regulations to implement
such amendments (in the case of State programs operated under such part
D) are promulgated by such date.
(2) STATE OPTION TO ACCELERATE EFFECTIVE DATE- In addition, a State
may elect to have the amendments made by this section apply to the State
and to amounts collected by the State, on and after such date as the State
may select that is after the date of the enactment of this Act and before
October 1, 2005.
TITLE II--REVIEW AND ADJUSTMENT OF CHILD SUPPORT ORDERS
SEC. 201. MANDATORY REVIEW AND MODIFICATION OF CHILD SUPPORT ORDERS FOR
TANF RECIPIENTS.
(a) REVIEW EVERY 3 YEARS- Section 466(a)(10)(A)(i) of the Social Security
Act (42 U.S.C. 666(a)(10)(A)(i)) is amended--
(1) by striking `or,' and inserting `or'; and
(2) by striking `upon the request of the State agency under the State
plan or of either parent,'.
(b) REVIEW UPON LEAVING TANF-
(1) NOTICE OF CERTAIN FAMILIES LEAVING TANF- Section 402(a) of such
Act (42 U.S.C. 602(a)) is amended by adding at the end the following:
`(8) CERTIFICATION THAT THE CHILD SUPPORT ENFORCEMENT PROGRAM WILL
BE PROVIDED NOTICE OF CERTAN FAMILIES LEAVING TANF PROGRAM- A certification
by the chief executive officer of the State that the State has established
procedures to ensure that the State agency administering the child support
enforcement program under the State plan approved under part D will be
provided notice of the impending discontinuation of assistance to an individual
under the State program funded under this part if the individual has custody
of a child whose other parent is alive and not living at home with the
child.'.
(2) REVIEW- Section 466(a)(10) of such Act (42 U.S.C. 666(a)(10)) is
amended--
(A) in the paragraph heading, by striking `UPON REQUEST';
(B) in subparagraph (C), by striking `this paragraph' and inserting
`subparagraph (A) or (B)'; and
(C) by adding at the end the following:
`(D) REVIEW UPON LEAVING TANF- On receipt of a notice issued pursuant
to section 402(a)(8), the State child support enforcement agency shall--
`(i) examine the case file involved;
`(ii) determine what actions (if any) are needed to locate any noncustodial
parent, establish paternity or a support order, or enforce a support order
in the case;
`(iii) immediately take the actions; and
`(iv) if there is a support order in the case which the State has not
reviewed during the 1-year period ending with receipt of the notice, notwithstanding
subparagraph (B), review and, if appropriate, adjust the order in accordance
with subparagraph (A).'.
TITLE III--EXPANDED INFORMATION AND ENFORCEMENT
SEC. 301. GUIDELINES FOR INVOLVEMENT OF PUBLIC NON-IV-D AND PRIVATE AGENCIES
IN CHILD SUPPORT ENFORCEMENT.
(a) IN GENERAL- The Secretary of Health and Human Services, in consultation
with States (as defined for purposes of part D of title IV of the Social
Security Act), local governments, and individuals or companies knowledgable
about involving entities, other than State agencies operating child support
enforcement programs under such part, in child support enforcement, shall
develop separate sets of recommendations which address the participation
of public non-IV-D child support enforcement agencies (as defined in section
466(h) of such Act) and private child support enforcement agencies (as
defined in section 466(i) of such Act) in child support enforcement pursuant
to the amendments made by this title. The matters addressed by the recommendations
shall include substantive and procedural rules which should be followed
with respect to privacy safeguards, data security, due process rights,
administrative compatibility with State and Federal automated systems,
eligibility requirements (such as registration, licensing, and posting
of bonds) for access to information and use of enforcement mechanisms,
recovery of costs by charging fees, and penalties for violations of the
rules.
(b) ISSUANCE OF REPORT- Not later than October 1, 2001, the Secretary
of Health and Human Services shall issue to the general public a written
report containing the separate sets of recommendations required by subsection
(a).
(c) EFFECTIVE DATE- This section shall take effect on the date of the
enactment of this Act.
Subtitle A--State Option to Provide Information and Enforcement Mechanisms
to Public Non-IV-D Child Support Enforcement Agencies
SEC. 311. ESTABLISHMENT AND ENFORCEMENT OF CHILD SUPPORT OBLIGATIONS BY
PUBLIC NON-IV-D CHILD SUPPORT ENFORCEMENT AGENCIES.
(a) STATE PLAN REQUIREMENTS- Section 454 of the Social Security Act
(42 U.S.C. 654), as amended by section 101(c) of this Act, is amended--
(1) in paragraph (33), by striking `and' at the end;
(2) in paragraph (34), by striking the period and inserting `; and';
and
(3) by inserting after paragraph (34) the following:
`(35) at the option of the State, provide that--
`(A) subject to the privacy safeguards of paragraph (26), the State
agency responsible for administering the State plan under this part may
provide to a public non-IV-D child support enforcement agency (as defined
in section 466(h)) all information in the State Directory of New Hires
and any information obtained through information comparisons under section
453(j)(3) about an individual with respect to whom the public agency is
seeking to establish or enforce a child support obligation, if the public
agency meets such requirements as the State may establish and has entered
into an agreement with the State under which the public agency has made
a binding commitment to carry out establishment and enforcement activities
with respect to the child support obligation subject to the same data security,
privacy protection, and due process requirements applicable to the State
agency and in accordance with procedures approved by the head of the State
agency;
`(B) the State agency may charge and collect fees from any such public
agency to recover costs incurred by the State agency in providing information
and services to the public agency pursuant to this part.'.
(b) PUBLIC NON-IV-D CHILD SUPPORT ENFORCEMENT AGENCY DEFINED- Section
466 of such Act (42 U.S.C. 666) is amended by adding at the end the following:
`(h) PUBLIC NON-IV-D CHILD SUPPORT ENFORCEMENT AGENCY DEFINED- In this
part, the term `public non-IV-D child support enforcement agency' means
an agency, of a political subdivision of a State, which is principally
responsible for the operation of a child support registry or for the establishment
or enforcement of an obligation to pay child support (as defined in section
459(i)(2)) other than pursuant to the State plan approved under this part.'.
SEC. 312. USE OF CERTAIN ENFORCEMENT MECHANISMS.
(a) FEDERAL TAX REFUND INTERCEPT-
(1) ADDITIONAL STATE PLAN REQUIREMENT- Section 454(35) of the Social
Security Act, as added by section 311(a) of this Act, is amended--
(1) by striking the period at the end of subparagraph (B) and inserting
`; and'; and
(2) by adding at the end the following:
`(C) the State agency may transmit to the Secretary of the Treasury
pursuant to section 464 a notice submitted by a public non-IV-D child support
enforcement agency (in such form and manner as the State agency may prescribe)
that a named individual owes past-due child support (as defined in section
464(c)) which the public agency has agreed to collect, and may collect
from the public agency any fee which the State is required to pay for the
cost of applying the offset procedure in the case.'.
(2) CONFORMING AMENDMENTS- Section 464 of such Act (42 U.S.C. 664)
is amended--
(A) in subsection (a)(2)(A)--
(i) in the 1st sentence, by striking `, and that the State agency'
and inserting `or which a public non-IV-D child support enforcement agency
in the State has agreed to collect, and that the State agency (or the public
non-IV-D child support enforcement agency)'; and
(ii) in the 2nd sentence, by striking `he' and inserting `the Secretary
of the Treasury'; and
(B) in subsection (a)(3)(A)--
(i) in the 1st sentence, by inserting `(or, in the case the State is
acting on behalf of a public non-IV-D child support enforcement agency,
the public non-IV-D child support enforcement agency)' after `the State';
and
(ii) in the 2nd sentence, by inserting `(or, as applicable, the public
non-IV-D child support enforcement agency's)' after `State's'.
(b) REPORTING ARREARAGES TO CREDIT BUREAUS- Section 466(a)(7)(A) of
such Act (42 U.S.C. 666(a)(7)(A)) is amended by inserting `, and allowing
the State to include in the report similar information provided (in such
form and manner as the State agency may prescribe) by a public non-IV-D
child support enforcement agency' before the period.
(c) PASSPORT SANCTIONS- Section 454(31) of such Act (42 U.S.C. 654(31))
is amended--
(1) by striking `and' at the end of subparagraph (A);
(2) by adding `and' at the end of subparagraph (B); and
(3) by adding at the end the following:
`(C) the State agency may include in the certification any such determination,
notice of which is provided to the State agency (in such form and manner
as the State agency may require) by a public non-IV-D child support enforcement
agency;'.
(d) FINANCIAL INSTITUTION DATA MATCHES-
(1) IN GENERAL- Section 466(a)(17) of such Act (42 U.S.C. 666(a)(17))
is amended by redesignating subparagraph (D) as subparagraph (E) and inserting
after subparagraph (C) the following:
`(D) COORDINATION WITH PUBLIC NON-IV-D CHILD SUPPORT ENFORCEMENT AGENCIES-
The identifying information described in subparagraph (A)(i) which is provided
by the State may include any such identifying information that is provided
to the State agency by a public non-IV-D child support enforcement agency
in such form and manner as the State agency may require.'.
(2) LIABILITY PROTECTIONS- Section 469A(d) of such Act (42 U.S.C. 669a(d))
is amended by adding at the end the following:
`(3) STATE CHILD SUPPORT ENFORCEMENT AGENCY- The term `State child
support enforcement agency' includes, with respect to a financial record
of an individual, a public non-IV-D child support enforcement agency if
the public agency is seeking to establish or enforce a child support obligation
with respect to the individual pursuant to an agreement described in section
454(35)(A).'.
(e) USE OF INCOME WITHHOLDING FOR UNEMPLOYMENT INSURANCE BENEFITS-
(1) DISCLOSURE OF WAGE INFORMATION- Section 303(e)(1) of such Act (42
U.S.C. 503(e)(1)) is amended by striking the second sentence and inserting
the following:
`For purposes of this subsection, the term `child support obligations'
means obligations to pay child support (as defined in section 459(i)(2)
of the Social Security Act).'.
(2) AUTHORITY TO WITHHOLD- Section 303(e)(2)(A) of such Act (42 U.S.C.
503(e)(2)(A)) is amended--
(A) in clause (i), by inserting `and the identity and location of the
State or local child support enforcement agency enforcing the obligations
(to the extent known)' before the comma;
(B) in clause (iii)(III), by striking `462(e)' and inserting `459(i)(5)';
and
(C) in the matter following clause (iv), by striking `his' and inserting
`the individual's'.
(3) CONFORMING AMENDMENT- Section 303(e)(4) of such Act (42 U.S.C.
503(e)(4)) is amended by striking `the last sentence of paragraph (1)'
and inserting `section 454 which has been approved by the Secretary of
Health and Human Services under part D of title IV or pursuant to an agreement
described in section 454(35)(A)'.
SEC. 313. EFFECTIVE DATE.
Except as provided in section 701(b), the amendments made by this subtitle
shall take effect on October 1, 2002, and shall apply to payments under
part D of title IV of the Social Security Act for calendar quarters beginning
on or after such date, and without regard to whether regulations to implement
such amendments are promulgated by such date.
Subtitle B--State Option To Provide Information and Enforcement Mechanisms
to Private Child Support Enforcement Agencies
SEC. 321. ESTABLISHMENT AND ENFORCEMENT OF CHILD SUPPORT OBLIGATIONS BY
PRIVATE CHILD SUPPORT ENFORCEMENT AGENCIES.
(a) STATE PLAN REQUIREMENTS- Section 454 of the Social Security Act
(42 U.S.C. 654), as amended by sections 101(c), 311(a), and 312(a)(1) of
this Act, is amended--
(1) in paragraph (34), by striking `and' at the end;
(2) in paragraph (35), by striking the period and inserting `; and';
and
(3) by inserting after paragraph (35) the following:
`(36) at the option of the State, provide that--
`(A) subject to the privacy safeguards of paragraph (26), the State
agency responsible for administering the State plan under this part may
provide to a private child support enforcement agency (as defined in section
466(i)) any information in the State Directory of New Hires and any information
obtained through information comparisons under section 453(j)(3) about
an individual with respect to whom the private agency is seeking to establish
or enforce a child support obligation, if the private agency meets such
requirements as the State may establish and has entered into an agreement
with the State under which the private agency has made a binding commitment
to carry out establishment and enforcement activities with respect to the
child support obligation subject to the same data security, privacy protection,
and due process requirements applicable to the State agency and in accordance
with procedures approved by the head of the State agency;
`(B) the State agency may charge and collect fees from any such private
agency to recover costs incurred by the State agency in providing information
and services to the private agency pursuant to this part.'.
(b) PRIVATE CHILD SUPPORT ENFORCEMENT AGENCY DEFINED- Section 466 of
such Act (42 U.S.C. 666), as amended by section 311(b) of this Act, is
amended by adding at the end the following:
`(i) PRIVATE CHILD SUPPORT ENFORCEMENT AGENCY DEFINED- In this part,
the term `private child support enforcement agency' means a person or any
other non-public entity which seeks to establish or enforce an obligation
to pay child support (as defined in section 459(i)(2)).'.
SEC. 322. USE OF CERTAIN ENFORCEMENT MECHANISMS.
(a) FEDERAL TAX REFUND INTERCEPT-
(1) ADDITIONAL STATE PLAN REQUIREMENT- Section 454(36) of the Social
Security Act, as added by section 321(a) of this Act, is amended--
(1) by striking the period at the end of subparagraph (A) and inserting
`; and'; and
(2) by adding at the end the following:
`(C) the State agency may transmit to the Secretary of the Treasury
pursuant to section 464 any notice submitted by a private child support
enforcement agency (in such form and manner as the State agency may prescribe)
that a named individual owes past-due child support (as defined in section
464(c)) which the private agency has agreed to collect, and may collect
from the private agency any fee which the State is required to pay for
the cost of applying the offset procedure in the case.'.
(2) CONFORMING AMENDMENTS- Section 464(a) of such Act (42 U.S.C. 664(a)),
as amended by section 312(a)(2) of this Act, is amended by inserting `(or
private)' after `public non-IV-D' each place it appears.
(b) REPORTING ARREARAGES TO CREDIT BUREAUS- Section 466(a)(7)(A) of
such Act (42 U.S.C. 666(a)(7)(A)), as amended by section 312(b) of this
Act, is amended by inserting `(or private)' after `public non-IV-D'.
(c) PASSPORT SANCTIONS- Section 454(31)(C) of such Act (42 U.S.C. 654(31)),
as amended by section 312(c) of this Act, is amended by inserting `(or
private)' after `public non-IV-D'.
(d) FINANCIAL INSTITUTION DATA MATCHES-
(1) IN GENERAL- Section 466(a)(17)(D) of such Act, as added by section
311(d) of this Act, is amended by inserting `(or private)' after `public
non-IV-D'.
(2) LIABILITY PROTECTIONS- Section 469A(d)(3) of such Act, as added
by section 312(d)(2) of this Act, is amended--
(A) by inserting `(or private)' after `public non-IV-D';
(B) by inserting `(or private) after `the public' each place it appears;
and
(C) by inserting `(or 454(36)(A))' before the period.
(e) USE OF INCOME WITHHOLDING FOR UNEMPLOYMENT INSURANCE BENEFITS-
Section 303(e)(4) of such Act (42 U.S.C. 503(e)(4)), as amended by section
312(e)(3) of this Act, is amended by inserting `, and includes a private
child support enforcement agency (as defined in section 466(i)) with respect
to an individual who is an applicant for, or who is determined to be eligible
for unemployment compensation if the State in which the private child support
enforcement agency is located confirms that the private child support enforcement
agency is seeking to establish, modify, or enforce a child support obligation
of the individual pursuant to an agreement described in section 454(36)(A)'
before the period.
SEC. 323. EFFECTIVE DATE.
Except as provided in section 801(b), the amendments made by this subtitle
shall take effect on October 1, 2003, and shall apply to payments under
part D of title IV of the Social Security Act for calendar quarters beginning
on or after such date, and without regard to whether regulations to implement
such amendments are promulgated by such date.
TITLE IV--EXPANDED ENFORCEMENT
SEC. 401. DECREASE IN AMOUNT OF CHILD SUPPORT ARREARAGE TRIGGERING PASSPORT
DENIAL.
Section 452(k) of the Social Security Act (42 U.S.C. 652(k)) is amended
by striking `$5,000' and inserting `$2,500'.
SEC. 402. USE OF TAX REFUND INTERCEPT PROGRAM TO COLLECT PAST-DUE CHILD
SUPPORT ON BEHALF OF CHILDREN WHO ARE NOT MINORS.
Section 464 of the Social Security Act (42 U.S.C. 664) is amended--
(1) in subsection (a)(2)(A), by striking `(as that term is defined
for purposes of this paragraph under subsection (c))'; and
(i) by striking `(1) Except as provided in paragraph (2), as used in'
and inserting `In'; and
(ii) by inserting `(whether or not a minor)' after `a child' each place
it appears; and
(B) by striking paragraphs (2) and (3).
TITLE V--FATHERHOOD PROGRAMS
Subtitle A--Fatherhood Grant Program
SEC. 501. FATHERHOOD GRANTS.
(a) IN GENERAL- Part A of title IV of the Social Security Act (42 U.S.C.
601-619) is amended by inserting after section 403 the following:
`SEC. 403A. FATHERHOOD PROGRAMS.
`(a) PURPOSE- The purpose of this section is to make grants available
to public and private entities for projects designed to--
`(1) promote marriage through counseling, mentoring, disseminating
information about the advantages of marriage, enhancing relationship skills,
teaching how to control aggressive behavior, and other methods;
`(2) promote successful parenting through counseling, mentoring, disseminating
information about good parenting practices including prepregnancy, family
planning, training parents in money management, encouraging child support
payments, encouraging regular visitation between fathers and their children,
and other methods; and
`(3) help fathers and their families avoid or leave cash welfare provided
by the program under part A and improve their economic status by providing
work first services, job search, job training, subsidized employment, career-advancing
education, job retention, job enhancement, and other methods.
`(1) APPLICATIONS- An entity desiring a grant to carry out a project
described in subsection (a) may submit to the Secretary an application
that contains the following:
`(A) A description of the project and how the project will be carried
out.
`(B) A description of how the project will address all three of the
purposes of this section.
`(C) A written commitment by the entity that the project will allow
an individual to participate in the project only if the individual is--
`(i) a father of a child who is, or within the past 24 months has been,
a recipient of assistance or services under a State program funded under
this part;
`(ii) a father, including an expectant or married father, whose income
(net of court-ordered child support) is less than 150 percent of the poverty
line (as defined in section 673(2) of the Omnibus Budget Reconciliation
Act of 1981, including any revision required by such section, applicable
to a family of the size involved); or
`(iii) a parent referred to in paragraph (3)(A)(iii).
`(D) A written commitment by the entity that the entity will provide
for the project, from funds obtained from non-Federal sources, amounts
(including in-kind contributions) equal in value to--
`(i) 20 percent of the amount of any grant made to the entity under
this subsection; or
`(ii) such lesser percentage as the Secretary deems appropriate (which
shall be not less than 10 percent) of such amount, if the application demonstrates
that there are circumstances that limit the ability of the entity to raise
funds or obtain resources.
`(E) A written commitment by the entity that the entity will make available
to each individual participating in the project education about alcohol,
tobacco, and other drugs and the effects of abusing such substances, and
information about HIV/AIDS and its transmission.
`(2) CONSIDERATION OF APPLICATIONS BY INTERAGENCY PANEL-
`(A) ESTABLISHMENT- There is established a panel to be known as the
`Fatherhood Grants Recommendations Panel' (in this subparagraph referred
to as the `Panel').
`(i) IN GENERAL- The Panel shall be composed of 10 members, as follows:
`(I) Two members of the Panel shall be appointed by the Secretary.
`(II) Two members of the Panel shall be appointed by the Secretary
of Labor.
`(III) Two members of the Panel shall be appointed by the Chairman
of the Committee on Ways and Means of the House of Representatives.
`(IV) One member of the Panel shall be appointed by the ranking minority
member of the Committee on Ways and Means of the House of Representatives.
`(V) Two members of the Panel shall be appointed by the Chairman of
the Committee on Finance of the Senate.
`(VI) One member of the Panel shall be appointed by the ranking minority
member of the Committee on Finance of the Senate.
`(ii) QUALIFICATIONS- An individual shall not be eligible to serve
on the Panel unless the individual has experience in programs for fathers,
programs for the poor, programs for children, program administration, or
program research.
`(iii) CONFLICTS OF INTEREST- An individual shall not be eligible to
serve on the Panel if such service would pose a conflict of interest for
the individual.
`(iv) TIMING OF APPOINTMENTS- The appointment of members to the Panel
shall be completed not later than April 1, 2001.
`(i) REVIEW AND MAKE RECOMMENDATIONS ON PROJECT APPLICATIONS- The Panel
shall review all applications submitted pursuant to paragraph (1), and
make recommendations to the Secretary regarding which applicants should
be awarded grants under this subsection, with due regard for the provisions
of paragraph (3), but shall not recommend that a project be awarded such
a grant if the application describing the project does not attempt to meet
the requirement of paragraph (1)(B).
`(ii) TIMING- The Panel shall make such recommendations not later than
October 1, 2001.
`(D) TERM OF OFFICE- Each member appointed to the Panel shall serve
for the life of the Panel.
`(E) PROHIBITION ON COMPENSATION- Members of the Panel may not receive
pay, allowances, or benefits by reason of their service on the Panel.
`(F) TRAVEL EXPENSES- Each member of the Panel shall receive travel
expenses, including per diem in lieu of subsistence, in accordance with
sections 5702 and 5703 of title 5, United States Code.
`(G) MEETINGS- The Panel shall meet as often as is necessary to complete
the business of the Panel.
`(H) CHAIRPERSON- The Chairperson of the Panel shall be designated
by the Secretary at the time of appointment.
`(I) STAFF OF FEDERAL AGENCIES- The Secretary may detail any personnel
of the Department of Health and Human Services and the Secretary of Labor
may detail any personnel of the Department of Labor to the Panel to assist
the Panel in carrying out its duties under this paragraph.
`(J) OBTAINING OFFICIAL DATA- The Panel may secure directly from any
department or agency of the United States information necessary to enable
it to carry out this paragraph. On request of the Chairperson of the Panel,
the head of the department or agency shall furnish that information to
the Panel.
`(K) MAILS- The Panel may use the United States mails in the same manner
and under the same conditions as other departments and agencies of the
United States.
`(L) TERMINATION- The Panel shall terminate on October 1, 2001.
`(3) RULES GOVERNING GRANTS-
`(i) IN GENERAL- The Secretary shall award matching grants, on a competitive
basis, among entities submitting applications therefor which meet the requirements
of paragraph (1), in amounts that take into account the written commitments
referred to in paragraph (1)(D).
`(ii) TIMING- On October 1, 2001, the Secretary shall award not more
than $140,000,000 in matching grants after considering the recommendations
submitted pursuant to paragraph (2)(C)(i).
`(iii) NONDISCRIMINATION- The provisions of this section shall be applied
and administered so as to ensure that mothers, expectant mothers, and married
mothers are eligible for benefits and services under projects awarded grants
under this section on the same basis as fathers, expectant fathers, and
married fathers.
`(B) PREFERENCES- In determining which entities to which to award grants
under this subsection, the Secretary shall give preference to an entity--
`(i) to the extent that the application submitted by the entity describes
actions that the entity will take that are designed to encourage or facilitate
the payment of child support, including but not limited to--
`(I) obtaining a written commitment by the agency responsible for administering
the State plan approved under part D for the State in which the project
is to be carried out that the State will voluntarily cancel child support
arrearages owed to the State by the father as a result of the father providing
various supports to the family such as maintaining a regular child support
payment schedule or living with his children;
`(II) obtaining a written commitment by the entity that the entity
will help participating fathers who cooperate with the agency in improving
their credit rating; and
`(III) helping fathers arrange and maintain a consistent schedule of
visits with their children, unless it would be unsafe;
`(ii) to the extent that the application includes written agreements
of cooperation with other private and governmental agencies, including
the State or local program funded under this part, the local Workforce
Investment Board, the State or local program funded under part D, community-based
domestic violence programs, and the State or local program funded under
part E, which should include a description of the services each such agency
will provide to fathers participating in the project described in the application;
`(iii) to the extent that the application describes a project that
will enroll a high percentage of project participants within 6 months before
or after the birth of the child; or
`(iv) to the extent that the application sets forth clear and practical
methods by which fathers will be recruited to participate in the project.
`(C) MINIMUM PERCENTAGE OF RECIPIENTS OF GRANT FUNDS TO BE NONGOVERNMENTAL
(INCLUDING FAITH-BASED) ORGANIZATIONS- Not less than 75 percent of the
entities awarded grants under this subsection in each fiscal year (other
than entities awarded such grants pursuant to the preferences required
by subparagraph (B)) shall be awarded to--
`(i) nongovernmental (including faith-based) organizations; or
`(ii) governmental organizations that pass through to organizations
referred to in clause (i) at least 50 percent of the amount of the grant.
`(D) DIVERSITY OF PROJECTS-
`(i) IN GENERAL- In determining which entities to which to award grants
under this subsection, the Secretary shall attempt to achieve a balance
among entities of differing sizes, entities in differing geographic areas,
entities in urban versus rural areas, and entities employing differing
methods of achieving the purposes of this section.
`(ii) REPORT TO THE CONGRESS- Within 90 days after each award of grants
under subparagraph (A)(ii), the Secretary shall submit to the Committee
on Ways and Means of the House of Representatives and the Committee on
Finance of the Senate a brief report on the diversity of projectes selected
to receive funds under the grant program. The report shall include a comparison
of funding for projects located in urban areas, projects located in suburban
areas, and projects located in rural areas.
`(E) PAYMENT OF GRANT IN FOUR EQUAL ANNUAL INSTALLMENTS- During the
fiscal year in which a grant is awarded under this subsection and each
of the succeeding three fiscal years, the Secretary shall provide to the
entity awarded the grant an amount equal to 1/4 of the amount of the grant.
`(A) IN GENERAL- Each entity to which a grant is made under this subsection
shall use grant funds provided under this subsection in accordance with
the application requesting the grant, the requirements of this subsection,
and the regulations prescribed under this subsection, and may use the grant
funds to support community-wide initiatives to address the purposes of
this section.
`(i) IN GENERAL- An adult in a work activity described in section 407(d)
which is funded, in whole or in part, by funds provided under this section
shall not be employed or assigned--
`(I) when any other individual is on layoff from the same or any substantially
equivalent job; or
`(II) if the employer has terminated the employment of any regular
employee or otherwise caused an involuntary reduction of its workforce
in order to fill the vacancy so created with such an adult.
`(ii) GRIEVANCE PROCEDURE-
`(I) IN GENERAL- Complaints alleging violations of clause (i) in a
State may be resolved--
`(aa) if the State has established a grievance procedure under
section 403(a)(5)(I)(iv), pursuant to the grievance procedure; or
`(bb) otherwise, pursuant to the grievance procedure established
by the State under section 407(f)(3).
`(II) FORFEITURE OF GRANT IF GRIEVANCE PROCEDURE NOT AVAILABLE- If
a complaint referred to in subclause (I) is made against an entity to which
a grant has been made under this section with respect to a project, and
the complaint cannot be brought to, or cannot be resolved within 90 days
after being brought, by a grievance procedure referred to in subclause
(I), then the entity shall immediately return to the Secretary all funds
provided to the entity under this section for the project, and the Secretary
shall immediately rescind the grant.
`(C) RULE OF CONSTRUCTION- This section shall not be construed to require
the participation of a father in a project funded under this section to
be discontinued by the project on the basis of changed economic circumstances
of the father.
`(D) RULE OF CONSTRUCTION ON MARRIAGE- This section shall not be construed
to
authorize the Secretary to define marriage for purposes of this section.
`(E) PENALTY FOR MISUSE OF GRANT FUNDS- If the Secretary determines
that an entity to which a grant is made under this subsection has used
any amount of the grant in violation of subparagraph (A), the Secretary
shall require the entity to remit to the Secretary an amount equal to the
amount so used, plus all remaining grant funds, and the entity shall thereafter
be ineligible for any grant under this subsection.
`(F) REMITTANCE OF UNUSED GRANT FUNDS- Each entity to which a grant
is awarded under this subsection shall remit to the Secretary all funds
paid under the grant that remain at the end of the fifth fiscal year ending
after the initial grant award.
`(5) AUTHORITY OF AGENCIES TO EXCHANGE INFORMATION- Each agency administering
a program funded under this part or a State plan approved under part D
may share the name, address, telephone number, and identifying case number
information in the State program funded under this part, of fathers for
purposes of assisting in determining the eligibility of fathers to participate
in projects receiving grants under this section, and in contacting fathers
potentially eligible to participate in the projects, subject to all applicable
privacy laws.
`(6) EVALUATION- The Secretary, in consultation with the Secretary
of Labor, shall, directly or by grant, contract, or interagency agreement,
conduct an evaluation of projects funded under this section (other than
under subsection (c)(1)). The evaluation shall assess, among other outcomes
selected by the Secretary, effects of the projects on marriage, parenting,
employment, earnings, and payment of child support. In selecting projects
for the evaluation, the Secretary should include projects that, in the
Secretary's judgment, are most likely to impact the matters described in
the purposes of this section. In conducting the evaluation, random assignment
should be used wherever possible.
`(7) REGULATIONS- The Secretary shall prescribe such regulations as
may be necessary to carry out this subsection.
`(8) LIMITATION ON APPLICABILITY OF OTHER PROVISIONS OF THIS PART-
Sections 404 through 410 shall not apply to this section or to amounts
paid under this section, and shall not be applied to an entity solely by
reason of receipt of funds pursuant to this section. A project shall not
be considered a State program funded under this part solely by reason of
receipt of funds paid under this section.
`(i) INTERAGENCY PANEL- Of the amounts made available pursuant to section
403(a)(1)(E) to carry out this section for fiscal year 2001, a total of
$150,000 shall be made available for the interagency panel established
by paragraph (2) of this subsection.
`(ii) GRANTS- Of the amounts made available pursuant to section 403(a)(1)(E)
to carry out this section for fiscal years 2002 through 2005, a total of
$140,000,000 shall be made available for grants under this subsection.
`(iii) EVALUATION- Of the amounts made available pursuant to section
403(a)(1)(E) to carry out this section for fiscal years 2001 through 2006,
a total of $6,000,000 shall be made available for the evaluation required
by paragraph (6) of this subsection.
`(i) GRANT FUNDS- The amounts made available pursuant to subparagraph
(A)(ii) shall remain available until the end of fiscal year 2006.
`(ii) EVALUATION FUNDS- The amounts made available pursuant to subparagraph
(A)(iii) shall remain available until the end of fiscal year 2008.'.
(b) FUNDING- Section 403(a)(1)(E) of such Act (42 U.S.C. 603(a)(1)(E))
is amended by inserting `, and for fiscal years 2001 through 2007, such
sums as are necessary to carry out section 403A' before the period.
(c) APPLICABILITY OF CHARITABLE CHOICE PROVISIONS OF WELFARE REFORM-
Section 104 of the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (42 U.S.C. 604a) is amended by adding at the end the following:
`(l) Notwithstanding the preceding provisions of this section, this
section shall apply to any entity to which funds have been provided under
section 403A of the Social Security Act in the same manner in which this
section applies to States, and, for purposes of this section, any project
for which such funds are so provided shall be considered a program described
in subsection (a)(2).'.
Subtitle B--Fatherhood Projects of National Significance
SEC. 511. FATHERHOOD PROJECTS OF NATIONAL SIGNIFICANCE.
Section 403A of the Social Security Act, as added by subtitle A of
this title, is amended by adding at the end the following:
`(c) FATHERHOOD PROJECTS OF NATIONAL SIGNIFICANCE-
`(1) NATIONAL CLEARINGHOUSE- The Secretary shall award a $5,000,000
grant to a nationally recognized, nonprofit fatherhood promotion organization
with at least 4 years of experience in designing and disseminating a national
public education campaign, including the production and successful placement
of television, radio, and print public service announcements which promote
the importance of responsible fatherhood, and with at least 4 years experience
providing consultation and training to community-based organizations interested
in implementing fatherhood outreach, support, or skill development programs
with an emphasis on promoting married fatherhood as the ideal, to--
`(A) develop, promote, and distribute to interested States, local governments,
public agencies, and private nonprofit organizations, including charitable
and religious organizations, a media campaign that encourages the appropriate
involvement of both parents in the life of any child of the parents, and
encourages such organizations to develope or sponsor programs that specifically
address the issue of responsible fatherhood and the advantages conferred
on children by marriage;
`(B) develop a national clearinghouse to assist States, communities,
and private entities in efforts to promote and support marriage and responsible
fatherhood by collecting, evaluating, and making available (through the
Internet and by other means) to all interested parties, information regarding
media campaigns and fatherhood programs;
`(C) develop and distribute materials that are for use by entities
described in subparagraph (A) or (B) and that help young adults manage
their money, develop the knowledge and skills needed to promote successful
marriages, plan for future expenditures and investments, and plan for retirement;
`(D) develop and distribute materials that are for use by entities
described in subparagraphs (A) and (B) and that list all the sources of
public support for education and training that are available to young adults,
including government spending programs as well as benefits under Federal
and State tax laws.
`(2) MULTICITY FATHERHOOD PROJECTS-
`(A) IN GENERAL- The Secretary shall award a $5,000,000 grant to each
of two nationally recognized nonprofit fatherhood promotion organizations
which meet the requirements of subparagraph (B), at least one of which
organizations meets the requirement of subparagraph (C).
`(B) REQUIREMENTS- The requirements of this subparagraph are the following:
`(i) The organization must have several years of experience in designing
and conducting programs that meet the purposes described in paragraph (1).
`(ii) The organization must have experience in simultaneously conducting
such programs in more than one major metropolitan area and in coordinating
such programs with local government agencies and private, nonprofit agencies,
including State or local agencies responsible for conducting the program
under part D and Workfore Investment Boards.
`(iii) The organization must submit to the Secretary an application
that meets all the conditions applicable to the organization under this
section and that provides for projects to be conducted in three major metropolitan
areas.
`(C) USE OF MARRIED COUPLES TO DELIVER SERVICES IN THE INNER CITY-
The requirement of this subparagraph is that the organization has extensive
experience in using married couples to deliver program services in the
inner city.
`(3) PAYMENT OF GRANTS IN FOUR EQUAL ANNUAL INSTALLMENTS- During each
of fiscal years 2002 through 2005, the Secretary shall provide to each
entity awarded a grant under this subsection an amount equal to 1/4 of
the amount of the grant.
`(A) IN GENERAL- Of the amounts made available pursuant to section
403(a)(1)(E) to carry out this section, $3,750,000 shall be made available
for grants under this subsection for each of fiscal years 2002 through
2005.
`(B) AVAILABILITY- The amounts made available pursuant to subparagraph
(A) shall remain available until the end of fiscal year 2005.'.
TITLE VI--MISCELLANEOUS
SEC. 601. CHANGE DATES FOR ABSTINENCE EVALUATION.
(a) IN GENERAL- Section 403(a)(5)(G)(iii) of the Social Security Act
(42 U.S.C. 603(a)(5)(G)(iii)), as amended by section 606(a) of this Act,
is amended by striking `2001' and inserting `2005'.
(b) INTERIM REPORT REQUIRED- Section 403(a)(5)(G) of such Act (42 U.S.C.
603(a)(5)(G)), as so amended, is amended by adding at the end the following:
`(iv) INTERIM REPORT- Not later than January 1, 2002, the Secretary
shall submit to the Congress a interim report on the evaluations referred
to in clause (i).'.
SEC. 602. REPORT ON UNDISTRIBUTED CHILD SUPPORT PAYMENTS.
Not later than 6 months after the date of the enactment of this Act,
the Secretary of Health and Human Services shall submit to the Committee
on Ways and Means of the House of Representatives and the Committee on
Finance of the Senate a report on the procedures that the States use generally
to locate custodial parents for whom child support has been collected but
not yet distributed due to a change in address. The report shall include
an estimate of the total amount of such undistributed child support and
the average length of time it takes for such child support to be distributed.
The Secretary shall include in the report recommendations as to whether
additional procedures should be established at the State or Federal level
to expedite the payment of undistributed child support.
SEC. 603. USE OF NEW HIRE INFORMATION TO ASSIST IN ADMINISTRATION OF UNEMPLOYMENT
COMPENSATION PROGRAMS.
(a) IN GENERAL- Section 453(j) of the Social Security Act (42 U.S.C.
653(j)) is amended by adding at the end the following:
`(7) INFORMATION COMPARISONS AND DISCLOSURE TO ASSIST IN ADMINISTRATION
OF UNEMPLOYMENT COMPENSATION PROGRAMS-
`(A) IN GENERAL- If a State agency responsible for the administration
of an unemployment compensation program under Federal or State law transmits
to the Secretary the name and social security account number of an individual,
the Secretary shall, if the information in the National Directory of New
Hires indicates that the individual may be employed, disclose to the State
agency the name, address, and employer identification number of any putative
employer of the individual, subject to this paragraph.
`(B) CONDITION ON DISCLOSURE- The Secretary shall make a disclosure
under subparagraph (A) only to the extent that the Secretary determines
that the disclosure would not interfere with the effective operation of
the program under this part.
`(C) USE OF INFORMATION- A State agency may use information provided
under this paragraph only for purposes of administering a program referred
to in subparagraph (A).'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) shall take
effect on October 1, 2000.
SEC. 604. IMMIGRATION PROVISIONS.
(a) NONIMMIGRANT ALIENS INELIGIBLE TO RECEIVE VISAS AND EXCLUDED FROM
ADMISSION FOR NONPAYMENT OF CHILD SUPPORT-
(1) IN GENERAL- Section 212(a)(10) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(10)) is amended by adding at the end the following:
`(F) NONPAYMENT OF CHILD SUPPORT-
`(i) IN GENERAL- Any nonimmigrant alien is inadmissible who is legally
obligated under a judgment, decree, or order to pay child support (as defined
in section 459(i) of the Social Security Act), and whose failure to pay
such child support has resulted in an arrearage exceeding $2,500, until
child support payments under the judgment, decree, or order are satisfied
or the nonimmigrant alien is in compliance with an approved payment agreement.
`(ii) WAIVER AUTHORIZED- The Attorney General may waive the application
of clause (i) in the case of an alien, if the Attorney General--
`(I) has received a request for the waiver from the court or administrative
agency having jurisdiction over the judgment, decree, or order obligating
the alien to pay child support that is referred to in such clause; or
`(II) determines that there are prevailing humanitarian or public interest
concerns.'.
(2) EFFECTIVE DATE- The amendment made by this subsection shall take
effect 180 days after the date of the enactment of this Act.
(b) AUTHORIZATION TO SERVE LEGAL PROCESS IN CHILD SUPPORT CASES ON
CERTAIN ARRIVING ALIENS-
(1) IN GENERAL- Section 235(d) of the Immigration and Nationality Act
(8 U.S.C. 1225(d)) is amended by adding at the end the following:
`(5) AUTHORITY TO SERVE PROCESS IN CHILD SUPPORT CASES-
`(A) IN GENERAL- To the extent consistent with State law, immigration
officers are authorized to serve on any alien who is an applicant for admission
to the United States legal process with respect to any action to enforce
or establish a legal obligation of an individual to pay child support (as
defined in section 459(i) of the Social Security Act).
`(B) DEFINITION- For purposes of subparagraph (A), the term `legal
process' means any writ, order, summons or other similar process, which
is issued by--
`(i) a court or an administrative agency of competent jurisdiction
in any State, territory, or possession of the United States; or
`(ii) an authorized official pursuant to an order of such a court or
agency or pursuant to State or local law.'.
(2) EFFECTIVE DATE- The amendment made by this subsection shall apply
to aliens applying for admission to the United States on or after 180 days
after the date of the enactment of this Act.
(c) AUTHORIZATION TO SHARE CHILD SUPPORT ENFORCEMENT INFORMATION TO
ENFORCE IMMIGRATION AND NATURALIZATION LAW-
(1) SECRETARIAL RESPONSIBILITY- Section 452 of the Social Security
Act (42 U.S.C. 652) is amended by adding at the end the following:
`(m) If the Secretary receives a certification by a State agency, in
accordance with section 454(37), that an individual who is a nonimmigrant
alien (as defined in section 101(a)(15) of the Immigration and Nationality
Act) owes arrearages of child support in an amount exceeding $2,500, the
Secretary may, at the request of the State agency, the Secretary of State,
or the Attorney General, or on the Secretary's own initiative, provide
such certification to the Secretary of State and the Attorney General information
in order to enable them to carry out their responsibilities under sections
212(a)(10) and 235(d) of such Act.'.
(2) STATE AGENCY RESPONSIBILITY- Section 454 of the Social Security
Act (42 U.S.C. 654), as amended by sections 101(c), 311(a), 312(a)(1),
321(a), and 322(a) of this Act, is amended--
(A) by striking `and' at the end of paragraph (35);
(B) by striking the period at the end of paragraph (36) and inserting
`; and'; and
(C) by inserting after paragraph (36) the following:
`(37) provide that the State agency will have in effect a procedure
for certifying to the Secretary, in such format and accompained by such
supporting
documentation as the Secretary may require, determinations that nonimmigrant
aliens owe arrearages of child support in an amount exceeding $2,500.'.
SEC. 605. CORRECTION OF ERRORS IN CONFORMING AMENDMENTS IN THE WELFARE-TO-WORK
AND CHILD SUPPORT AMENDMENTS OF 1999.
(a) IN GENERAL- Section 403(a)(5) of the Social Security Act (42 U.S.C.
603(a)(5)), as amended by section 606(a) of this Act, is amended--
(1) in subparagraph (E), by striking `$1,500,000' and inserting `$15,000,000';
(2) in subparagraph (F), by striking `$900,000' and inserting `$9,000,000';
(3) in subparagraph (G)(i), by striking `$300,000' and inserting `$3,000,000'.
(b) RETROACTIVITY- The amendments made by subsection (a) of this section
shall take effect as if included in the enactment of section 806 of H.R.
3424 of the 106th Congress by section 1000(a)(4) of Public Law 106-113.
SEC. 606. ELIMINATION OF SET-ASIDE OF WELFARE-TO-WORK FUNDS FOR SUCCESSFUL
PERFORMANCE BONUS.
(a) IN GENERAL- Section 403(a)(5) of the Social Security Act (42 U.S.C.
603(a)(5)) is amended by striking subparagraph (E) and redesignating subparagraphs
(F) through (K) as subparagraphs (E) through (J), respectively.
(b) CONFORMING AMENDMENTS-
(1) Section 403(a)(5)(A)(i) of such Act (42 U.S.C. 603(a)(5)(A)(i))
is amended by striking `subparagraph (I)' and inserting `subparagraph (H)'.
(2) Subclause (I) of each of subparagraphs (A)(iv) and (B)(v) of section
403(a)(5) of such Act (42 U.S.C. 603(a)(5)(A)(iv)(I) and (B)(v)(I)) is
amended--
(i) by striking `(I)' and inserting `(H)'; and
(ii) by striking `(G), and (H)' and inserting `and (G)'; and
(B) in item (bb), by striking `(F)' and inserting `(E)'.
(3) Section 403(a)(5)(B)(v) of such Act (42 U.S.C. 603(a)(5)(B)) is
amended in the matter preceding subclause (I) by striking `(I)' and inserting
`(H)'.
(4) Subparagraphs (E) and (F) of section 403(a)(5) of such Act (42
U.S.C. 603(a)(5)(F) and (G)), as so redesignated by subsection (a) of this
section, are each amended by striking `(I)' and inserting `(H)'.
(5) Section 412(a)(3)(A) of such Act (42 U.S.C. 612(a)(3)(A)) is amended
by striking `403(a)(5)(I)' and inserting `403(a)(5)(H)'.
(c) EFFECTIVE DATE- The amendments made by this section shall take
effect on the date of the enactment of this Act.
TITLE VII--EFFECTIVE DATE
SEC. 701. EFFECTIVE DATE.
(a) IN GENERAL- Except as provided in sections 101(e), 301(c), 313,
323, 603(b), 605(b) and 606, and in subsection (b) of this section, this
Act and the amendments made by this Act shall take effect on October 1,
2001, and shall apply to payments under part D of title IV of the Social
Security Act for calendar quarters beginning on or after such date, and
without regard to whether regulations to implement such amendments are
promulgated by such date.
(b) DELAY PERMITTED IF STATE LEGISLATION REQUIRED- In the case of a
State plan approved under section 454 of the Social Security Act which
requires State legislation (other than legislation appropriating funds)
in order for the plan to meet the additional requirements imposed by the
amendments made by this Act, the State plan shall not be regarded as failing
to comply with the additional requirements solely on the basis of the failure
of the plan to meet the additional requirements before the 1st day of the
1st calendar quarter beginning after the close of the 1st regular session
of the State legislature that begins after the date of the enactment of
this Act. For purposes of the previous sentence, in the case of a State
that has a 2-year legislative session, each year of such session shall
be deemed to be a separate regular session of the State legislature.
END
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