Personal Responsibility and Work Opportunity Reconciliation Act Of
1996
(PUBLIC LAW 104-208)
SEC. 106. REPORT ON DATA PROCESSING.
(a) IN GENERAL - Within 6 months after the date of the enactment of
this Act, the Secretary of Health and Human Services shall prepare and
submit to the Congress a report on --
(1) the status of the automated data processing
systems operated by the States to assist management in the
administration of State programs under part A of title IV of the Social
Security Act (whether in effect before or after October 1, 1995);
and
(2) what would be required to establish a system capable of
--
(A) tracking participants in public programs over
time; and
(B) checking case records of the States to determine whether
individuals are participating in public programs of 2 or more
States.
(b) PREFERRED CONTENTS - The report required by subsection (a) should
include --
(1) a plan for building on the automated data processing systems of
the States to establish a system with the capabilities described in
subsection (a)(2); and
(2) an estimate of the amount of time required to establish such a
system and of the cost of establishing such a system.
SEC. 111. DEVELOPMENT OF PROTOTYPE OF COUNTERFEIT-RESISTANT
SOCIAL SECURITY CARD REQUIRED.
(a) DEVELOPMENT -
(1) IN GENERAL - The Commissioner of Social Security (in this section
referred to as the `Commissioner') shall, in accordance with this
section, develop a prototype of a counterfeit-resistant social
security card. Such prototype card shall --
(A) be made of a durable, tamper-resistant material such as
plastic or polyester,
(B) employ technologies that provide security features, such as
magnetic stripes, holograms, and integrated circuits,
and
(C) be developed so as to provide individuals with reliable
proof of citizenship or legal resident alien status.
(2) ASSISTANCE BY ATTORNEY GENERAL - The Attorney General of the
United States shall provide such information and assistance as the
Commissioner deems necessary to enable the Commissioner to comply with
this section.
(b) STUDY AND REPORT -
(1) IN GENERAL - The Commissioner shall conduct a study and issue a
report to Congress which examines different methods of improving the
social security card application process.
(2) ELEMENTS OF STUDY- The study shall include an evaluation of the
cost and work load implications of issuing a
counterfeit-resistant social security card for all individuals
over a 3-, 5-, and 10-year period. The study shall also evaluate the
feasibility and cost implications of imposing a user fee for replacement
cards and cards issued to individuals who apply for such a card prior to
the scheduled 3-, 5-, and 10-year phase-in options.
(3) DISTRIBUTION OF REPORT - The Commissioner shall submit copies of
the report described in this subsection along with a facsimile of the
prototype card as described in subsection (a) to the Committees on Ways
and Means and Judiciary of the House of Representatives and the
Committees on Finance and Judiciary of the Senate within 1 year
after the date of the enactment of this Act.
SEC. 311. STATE CASE REGISTRY.
Section 454A, as added by section 344(a)(2) of this Act, is amended
by adding at the end the following new subsections:
`(e) STATE CASE REGISTRY -
`(1) CONTENTS - The automated system required by
this section shall include a registry (which shall be known as the
`State case registry') that contains records with respect to
--
`(A) each case in which services are being provided by the
State agency under the State plan approved under this part;
and
`(B) each support order established or modified in the State on or
after October 1, 1998.
`(2) LINKING OF LOCAL REGISTRIES - The State case registry may be
established by linking local case registries of support orders
through an automated information network, subject to this
section.
`(3) USE OF STANDARDIZED DATA ELEMENTS - Such records shall
use standardized data elements for both parents (such as names,
social security numbers and other uniform identification
numbers , dates of birth, and case identification numbers), and
contain such other information (such as on case status) as the Secretary
may require.
`(4) PAYMENT RECORDS - Each case record in the State case registry
with respect to which services are being provided under the State plan
approved under this part and with respect to which a support order has
been established shall include a record of--
`(A) the amount of monthly (or other periodic) support owed under the
order, and other amounts (including arrearages, interest or late payment
penalties, and fees) due or overdue under the order;
`(B) any amount described in subparagraph (A) that has been
collected;
`(C) the distribution of such collected amounts;
`(D) the birth date of any child for whom the order requires the
provision of support; and
`(E) the amount of any lien imposed with respect to the order
pursuant to section 466(a)(4).
`(5) UPDATING AND MONITORING - The State agency operating the
automated system required by this section shall promptly establish and
update, maintain, and regularly monitor, case records in the State case
registry with respect to which services are being provided under the
State plan approved under this part, on the basis of --
`(A) information on administrative actions and administrative and
judicial proceedings and orders relating to paternity and
support;
`(B) information obtained from comparison with Federal, State, or
local sources of information;
`(C) information on support collections and distributions;
and
`(D) any other relevant information.
`(f) INFORMATION COMPARISONS AND OTHER DISCLOSURES OF
INFORMATION - The State shall use the automated system required by this
section to extract information from (at such times, and in such
standardized format or formats, as may be required by the Secretary), to
share and compare information with, and to receive information from,
other data bases and information comparison services, in order to obtain
(or provide) information necessary to enable the State agency (or the
Secretary or other State or Federal agencies) to carry out this part,
subject to section 6103 of the Internal Revenue Code of 1986. Such
information comparison activities shall include the
following:
`(1) FEDERAL CASE REGISTRY OF CHILD SUPPORT ORDERS -
Furnishing to the Federal Case Registry of Child Support Orders
established under section 453(h) (and update as necessary, with
information including notice of expiration of orders) the minimum amount
of information on child support cases recorded in the State case
registry that is necessary to operate the registry (as specified by the
Secretary in regulations).'.
`(2) FEDERAL PARENT LOCATOR SERVICE- Exchanging information
with the Federal Parent Locator Service for the purposes specified in
section 453.
`(3) TEMPORARY FAMILY ASSISTANCE AND MEDICAID AGENCIES-
Exchanging information with State agencies (of the State and of other
States) administering programs funded under part A, programs operated
under a State plan approved under title XIX, and other programs
designated by the Secretary, as necessary to perform State agency
responsibilities under this part and under such
programs.
`(4) INTRASTATE AND INTERSTATE INFORMATION COMPARISONS-
Exchanging information with other agencies of the State, agencies of
other States, and interstate information networks, as necessary and
appropriate to carry out (or assist other States to carry out) the
purposes of this part.'.
SEC. 313. STATE DIRECTORY OF NEW HIRES.
(a) STATE PLAN REQUIREMENT - Section 454 (42 U.S.C. 654), as amended
by sections 301(b), 303(a), and 312(a) of this Act, is
amended--
(1) by striking `and' at the end of paragraph (26);
(2) by striking the period at the end of paragraph (27) and inserting
`; and'; and
(3) by adding after paragraph (27) the following new
paragraph:`(28) provide that, on and after October 1, 1997, the
State will operate a State Directory of New Hires in accordance with
section 453A.'.
(b) STATE DIRECTORY OF NEW HIRES- Part D of title IV (42
U.S.C. 651-669) is amended by inserting after section 453 the
following new section:
`SEC. 453A. STATE DIRECTORY OF NEW HIRES.
`(a) ESTABLISHMENT -
`(1) IN GENERAL -
`(A) REQUIREMENT FOR STATES THAT HAVE NO DIRECTORY -
Except as provided in subparagraph (B), not later than October 1,
1997, each State shall establish an automated directory
(to be known as the `State Directory of New Hires') which shall contain
information supplied in accordance with subsection (b) by employers on
each newly hired employee.
`(B) STATES WITH NEW HIRE REPORTING LAW IN EXISTENCE - A State which
has a new hire reporting law in existence on the date of the enactment
of this section may continue to operate under the State law, but
the State must meet the requirements of subsection (g)(2) not
later than October 1, 1997, and the requirements of this section (other
than subsection (g)(2)) not later than October 1,
1998.
`(2) DEFINITIONS - As used in this section:
`(A) EMPLOYEE - The term `employee' --
`(i) means an individual who is an employee within the
meaning of chapter 24 of the Internal Revenue Code of 1986;
and
`(ii) does not include an employee of a Federal or State agency
performing intelligence or counterintelligence functions, if the head of
such agency has determined that reporting pursuant to paragraph (1) with
respect to the employee could endanger the safety of the employee or
compromise an ongoing investigation or intelligence mission.
`(B) EMPLOYER -
`(i) IN GENERAL - The term `employer' has the meaning given
such term in section 3401(d) of the Internal Revenue Code of 1986 and
includes any governmental entity and any labor
organization.
`(ii) LABOR ORGANIZATION - The term `labor organization'
shall have the meaning given such term in section 2(5) of the National
Labor Relations Act, and includes any entity (also known as a `hiring
hall') which is used by the organization and an employer to carry out
requirements described in section 8(f)(3) of such Act of an agreement
between the organization and the employer.
`(b) EMPLOYER INFORMATION -
`(1) REPORTING REQUIREMENT -
`(A) IN GENERAL - Except as provided in subparagraphs
(B) and (C), each employer shall furnish to the Directory of New Hires
of the State in which a newly hired employee works, a report that
contains the name, address, and social security number of the employee,
and the name and address of, and identifying number assigned under
section 6109 of the Internal Revenue Code of 1986 to, the
employer.
`(B) MULTISTATE EMPLOYERS - An employer that has employees who are
employed in 2 or more States and that transmits reports magnetically or
electronically may comply with subparagraph (A) by designating 1 State
in which such employer has employees to which the employer will transmit
the report described in subparagraph (A), and transmitting such report
to such State. Any employer that transmits reports pursuant to this
subparagraph shall notify the Secretary in writing as to which State
such employer designates for the purpose of sending reports.'.
`(C) FEDERAL GOVERNMENT EMPLOYERS- Any department, agency, or
instrumentality of the United States shall comply with subparagraph (A)
by transmitting the report described in subparagraph (A) to the National
Directory of New Hires established pursuant to section 453.
`(2) TIMING OF REPORT- Each State may provide the time within
which the report required by paragraph (1) shall be made with respect to
an employee, but such report shall be made--
`(A) not later than 20 days after the date the employer hires
the employee; or
`(B) in the case of an employer transmitting reports
magnetically or electronically, by 2 monthly transmissions (if
necessary) not less than 12 days nor more than 16 days
apart.
`(c) REPORTING FORMAT AND METHOD- Each report required by
subsection (b) shall be made on a W-4 form or, at the option of the
employer, an equivalent form, and may be transmitted by 1st class mail,
magnetically, or electronically.
`(d) CIVIL MONEY PENALTIES ON NONCOMPLYING EMPLOYERS- The
State shall have the option to set a State civil money penalty which
shall be less than--
`(1) $25; or
`(2) $500 if, under State law, the failure is the result of a
conspiracy between the employer and the employee to not supply the
required report or to supply a false or incomplete
report.
`(e) ENTRY OF EMPLOYER INFORMATION- Information shall be entered into
the data base maintained by the State Directory of New Hires within 5
business days of receipt from an employer pursuant to subsection
(b).
`(f) INFORMATION COMPARISONS -
`(1) IN GENERAL- Not later than May 1, 1998, an agency
designated by the State shall, directly or by contract, conduct
automated comparisons of the social security numbers reported by
employers pursuant to subsection (b) and the social security numbers
appearing in the records of the State case registry for cases being
enforced under the State plan.
`(2) NOTICE OF MATCH- When an information comparison
conducted under paragraph (1) reveals a match with respect to the social
security number of an individual required to provide support under a
support order, the State Directory of New Hires shall provide the agency
administering the State plan approved under this part of the appropriate
State with the name, address, and social security number of the employee
to whom the social security number is assigned, and the name and address
of, and identifying number assigned under section 6109 of the Internal
Revenue Code of 1986 to, the employer.
`(g) TRANSMISSION OF INFORMATION -
`(1) TRANSMISSION OF WAGE WITHHOLDING NOTICES TO EMPLOYERS-
Within 2 business days after the date information regarding a newly
hired employee is entered into the State Directory of New Hires, the
State agency enforcing the employee's child support obligation shall
transmit a notice to the employer of the employee directing the employer
to withhold from the income of the employee an amount equal to the
monthly (or other periodic) child support obligation (including any past
due support obligation) of the employee, unless the employee's income is
not subject to withholding pursuant to section
466(b)(3).
`(2) TRANSMISSIONS TO THE NATIONAL DIRECTORY OF NEW HIRES
-
`(A) NEW HIRE INFORMATION- Within 3 business days after the
date information regarding a newly hired employee is entered into the
State Directory of New Hires, the State Directory of New Hires shall
furnish the information to the National Directory of New
Hires.
`(B) WAGE AND UNEMPLOYMENT COMPENSATION INFORMATION- The
State Directory of New Hires shall, on a quarterly basis, furnish to the
National Directory of New Hires extracts of the reports required under
section 303(a)(6) to be made to the Secretary of Labor concerning the
wages and unemployment compensation paid to individuals, by such dates,
in such format, and containing such information as the Secretary of
Health and Human Services shall specify in
regulations.
`(3) BUSINESS DAY DEFINED- As used in this subsection, the term
`business day' means a day on which State offices are open for regular
business.
`(h) OTHER USES OF NEW HIRE INFORMATION -
`(1) LOCATION OF CHILD SUPPORT OBLIGORS- The agency
administering the State plan approved under this part shall use
information received pursuant to subsection (f)(2) to locate individuals
for purposes of establishing paternity and establishing, modifying, and
enforcing child support obligations, and may disclose such information
to any agent of the agency that is under contract with the agency to
carry out such purposes.
`(2) VERIFICATION OF ELIGIBILITY FOR CERTAIN PROGRAMS- A
State agency responsible for administering a program specified in
section 1137(b) shall have access to information reported by employers
pursuant to subsection (b) of this section for purposes of verifying
eligibility for the program.
`(3) ADMINISTRATION OF EMPLOYMENT SECURITY AND WORKERS'
COMPENSATION- State agencies operating employment security and workers'
compensation programs shall have access to information reported by
employers pursuant to subsection (b) for the purposes of administering
such programs.'.
(c) QUARTERLY WAGE REPORTING- Section 1137(a)(3) (42 U.S.C.
1320b-7(a)(3)) is amended--
(1) by inserting `(including State and local governmental entities
and labor organizations (as defined in section 453A(a)(2)(B)(iii))'
after `employers'; and
(2) by inserting `, and except that no report shall be filed with
respect to an employee of a State or local agency performing
intelligence or counterintelligence functions, if the head of such
agency has determined that filing such a report could endanger the
safety of the employee or compromise an ongoing investigation or
intelligence mission' after `paragraph (2)'.
(d) DISCLOSURE TO CERTAIN AGENTS- Section 303(e) (42 U.S.C. 503(e))
is amended by adding at the end the following:
`(5) A State or local child support enforcement agency may disclose
to any agent of the agency that is under contract with the agency to
carry out the purposes described in paragraph (1)(B) wage information
that is disclosed to an officer or employee of the agency under
paragraph (1)(A). Any agent of a State or local child support agency
that receives wage information under this paragraph shall comply with
the safeguards established pursuant to paragraph (1)(B).'.
SEC. 315. LOCATOR INFORMATION FROM INTERSTATE
NETWORKS.
Section 466(a) (42 U.S.C. 666(a)) is amended by inserting
after paragraph (11) the following new paragraph:
`(12) LOCATOR INFORMATION FROM INTERSTATE NETWORKS -
Procedures to ensure that all Federal and State agencies conducting
activities under this part have access to any system used by the State
to locate an individual for purposes relating to motor vehicles or law
enforcement.'.
SEC. 316. EXPANSION OF THE FEDERAL PARENT LOCATOR
SERVICE.
(a) EXPANDED AUTHORITY TO LOCATE INDIVIDUALS AND ASSETS - Section 453
(42 U.S.C. 653) is amended --
(1) in subsection (a), by striking all that follows `subsection (c))'
and inserting `, for the purpose of establishing parentage,
establishing, setting the amount of, modifying, or enforcing child
support obligations, or enforcing child custody or visitation
orders--
`(1) information on, or facilitating the discovery of, the location
of any individual--
`(A) who is under an obligation to pay child support or provide child
custody or visitation rights;
`(B) against whom such an obligation is sought;
`(C) to whom such an obligation is owed, including the individual's
social security number (or numbers), most recent address, and the name,
address, and employer identification number of the individual's
employer;
`(2) information on the individual's wages (or other income) from,
and benefits of, employment (including rights to or enrollment in group
health care coverage); and
`(3) information on the type, status, location, and amount of any
assets of, or debts owed by or to, any such individual; and
(2) in subsection (b) --
(A) in the matter preceding paragraph (1), by striking `social
security' and all that follows through `absent parent' and inserting
`information described in subsection (a)'; and
(B) in the flush paragraph at the end, by adding the following: `No
information shall be disclosed to any person if the State has notified
the Secretary that the State has reasonable evidence of domestic
violence or child abuse and the disclosure of such information could be
harmful to the custodial parent or the child of such parent. Information
received or transmitted pursuant to this section shall be subject to the
safeguard provisions contained in section 454(26).'.
(b) AUTHORIZED PERSON FOR INFORMATION REGARDING VISITATION RIGHTS -
Section 453(c) (42 U.S.C. 653(c)) is amended --
(1) in paragraph (1), by striking `support' and inserting `support or
to seek to enforce orders providing child custody or visitation rights';
and
(2) in paragraph (2), by striking `, or any agent of such court; and'
and inserting `or to issue an order against a resident parent for child
custody or visitation rights, or any agent of such court;'.
(c) REIMBURSEMENT FOR INFORMATION FROM FEDERAL AGENCIES - Section
453(e)(2) (42 U.S.C. 653(e)(2)) is amended in the 4th sentence by
inserting `in an amount which the Secretary determines to be reasonable
payment for the information exchange (which amount shall not include
payment for the costs of obtaining, compiling, or maintaining the
information)' before the period.
(d) REIMBURSEMENT FOR REPORTS BY STATE AGENCIES - Section 453 (42
U.S.C. 653) is amended by adding at the end the following new
subsection:
`(g) REIMBURSEMENT FOR REPORTS BY STATE AGENCIES - The Secretary may
reimburse Federal and State agencies for the costs incurred by such
entities in furnishing information requested by the Secretary under this
section in an amount which the Secretary determines to be reasonable
payment for the information exchange (which amount shall not include
payment for the costs of obtaining, compiling, or maintaining the
information).'.
(e) CONFORMING AMENDMENTS -
(1) Sections 452(a)(9), 453(a), 453(b), 463(a), 463(e), and 463(f)
(42 U.S.C. 652(a)(9), 653(a), 653(b), 663(a), 663(e), and 663(f)) are
each amended by inserting `Federal' before `Parent' each place such term
appears.
(2) Section 453 (42 U.S.C. 653) is amended in the heading by adding
`FEDERAL' before `PARENT'.
(f) NEW COMPONENTS- Section 453 (42 U.S.C. 653), as amended by
subsection (d) of this section, is amended by adding at the end the
following new subsections:
`(h) FEDERAL CASE REGISTRY OF CHILD SUPPORT ORDERS -
`(1) IN GENERAL- Not later than October 1, 1998, in order to assist
States in administering programs under State plans approved under this
part and programs funded under part A, and for the other purposes
specified in this section, the Secretary shall establish and maintain in
the Federal Parent Locator Service an automated registry (which shall be
known as the `Federal Case Registry of Child Support Orders'), which
shall contain abstracts of support orders and other information
described in paragraph (2) with respect to each case in each State case
registry maintained pursuant to section 454A(e), as furnished (and
regularly updated), pursuant to section 454A(f), by State agencies
administering programs under this part.
`(2) CASE INFORMATION- The information referred to in paragraph (1)
with respect to a case shall be such information as the Secretary may
specify in regulations (including the names, social security numbers or
other uniform identification numbers, and State case identification
numbers) to identify the individuals who owe or are owed support (or
with respect to or on behalf of whom support obligations are sought to
be established), and the State or States which have the case.
`(i) NATIONAL DIRECTORY OF NEW HIRES -
`(1) IN GENERAL- In order to assist States in administering
programs under State plans approved under this part and programs funded
under part A, and for the other purposes specified in this section, the
Secretary shall, not later than October 1, 1997, establish and maintain
in the Federal Parent Locator Service an automated directory to be known
as the National Directory of New Hires, which shall contain the
information supplied pursuant to section 453A(g)(2).
`(2) ENTRY OF DATA- Information shall be entered into the
data base maintained by the National Directory of New Hires within 2
business days of receipt pursuant to section
453A(g)(2).
`(3) ADMINISTRATION OF FEDERAL TAX LAWS- The Secretary of the
Treasury shall have access to the information in the National Directory
of New Hires for purposes of administering section 32 of the Internal
Revenue Code of 1986, or the advance payment of the earned income tax
credit under section 3507 of such Code, and verifying a claim with
respect to employment in a tax return.
`(4) LIST OF MULTISTATE EMPLOYERS- The Secretary shall maintain
within the National Directory of New Hires a list of multistate
employers that report information regarding newly hired employees
pursuant to section 453A(b)(1)(B), and the State which each such
employer has designated to receive such information.
`(j) INFORMATION COMPARISONS AND OTHER DISCLOSURES
-
`(1) VERIFICATION BY SOCIAL SECURITY ADMINISTRATION
-
`(A) IN GENERAL- The Secretary shall transmit information on
individuals and employers maintained under this section to the Social
Security Administration to the extent necessary for verification in
accordance with subparagraph (B).
`(B) VERIFICATION BY SSA- The Social Security Administration
shall verify the accuracy of, correct, or supply to the extent possible,
and report to the Secretary, the following information supplied by the
Secretary pursuant to subparagraph (A):
`(i) The name, social security number, and birth date of each
such individual.
`(ii) The employer identification number of each such
employer.
`(2) INFORMATION COMPARISONS- For the purpose of locating
individuals in a paternity establishment case or a case involving the
establishment, modification, or enforcement of a support order, the
Secretary shall--
`(A) compare information in the National Directory of New
Hires against information in the support case abstracts in the Federal
Case Registry of Child Support Orders not less often than every 2
business days; and
`(B) within 2 business days after such a comparison reveals a
match with respect to an individual, report the information to the State
agency responsible for the case.
`(3) INFORMATION COMPARISONS AND DISCLOSURES OF INFORMATION IN ALL
REGISTRIES FOR TITLE IV PROGRAM PURPOSES- To the extent and with the
frequency that the Secretary determines to be effective in assisting
States to carry out their responsibilities under programs operated under
this part and programs funded under part A, the Secretary
shall--
`(A) compare the information in each component of the Federal Parent
Locator Service maintained under this section against the information in
each other such component (other than the comparison required by
paragraph (2)), and report instances in which such a comparison reveals
a match with respect to an individual to State agencies operating such
programs; and
`(B) disclose information in such registries to such State
agencies.
`(4) PROVISION OF NEW HIRE INFORMATION TO THE SOCIAL SECURITY
ADMINISTRATION- The National Directory of New Hires shall provide the
Commissioner of Social Security with all information in the National
Directory.
`(5) RESEARCH- The Secretary may provide access to information
reported by employers pursuant to section 453A(b) for research purposes
found by the Secretary to be likely to contribute to achieving the
purposes of part A or this part, but without personal
identifiers.
`(k) FEES-
`(1) FOR SSA VERIFICATION- The Secretary shall reimburse the
Commissioner of Social Security, at a rate negotiated between the
Secretary and the Commissioner, for the costs incurred by the
Commissioner in performing the verification services described in
subsection (j).
`(2) FOR INFORMATION FROM STATE DIRECTORIES OF NEW HIRES- The
Secretary shall reimburse costs incurred by State directories of new
hires in furnishing information as required by subsection (j)(3), at
rates which the Secretary determines to be reasonable (which rates shall
not include payment for the costs of obtaining, compiling, or
maintaining such information).
`(3) FOR INFORMATION FURNISHED TO STATE AND FEDERAL AGENCIES- A State
or Federal agency that receives information from the Secretary pursuant
to this section shall reimburse the Secretary for costs incurred by the
Secretary in furnishing the information, at rates which the Secretary
determines to be reasonable (which rates shall include payment for the
costs of obtaining, verifying, maintaining, and comparing the
information).
`(l) RESTRICTION ON DISCLOSURE AND USE- Information in the
Federal Parent Locator Service, and information resulting from
comparisons using such information, shall not be used or disclosed
except as expressly provided in this section, subject to section 6103 of
the Internal Revenue Code of 1986.
`(m) INFORMATION INTEGRITY AND SECURITY- The Secretary shall
establish and implement safeguards with respect to the entities
established under this section designed to--
`(1) ensure the accuracy and completeness of information in the
Federal Parent Locator Service; and
`(2) restrict access to confidential information in the Federal
Parent Locator Service to authorized persons, and restrict use of such
information to authorized purposes.
`(n) FEDERAL GOVERNMENT REPORTING- Each department, agency, and
instrumentality of the United States shall on a quarterly basis report
to the Federal Parent Locator Service the name and social security
number of each employee and the wages paid to the employee during the
previous quarter, except that such a report shall not be filed with
respect to an employee of a department, agency, or instrumentality
performing intelligence or counterintelligence functions, if the head of
such department, agency, or instrumentality has determined that filing
such a report could endanger the safety of the employee or compromise an
ongoing investigation or intelligence mission.'.
(g) CONFORMING AMENDMENTS -
(1) TO PART D OF TITLE IV OF THE SOCIAL SECURITY ACT-
(A) Section 454(8)(B) (42 U.S.C. 654(8)(B)) is amended to read as
follows:
`(B) the Federal Parent Locator Service established under section
453;'.
(B) Section 454(13) (42 U.S.C.654(13)) is amended by inserting `and
provide that information requests by parents who are residents of other
States be treated with the same priority as requests by parents who are
residents of the State submitting the plan' before the
semicolon.
(2) TO FEDERAL UNEMPLOYMENT TAX ACT- Section 3304(a)(16) of the
Internal Revenue Code of 1986 is amended--
(A) by striking `Secretary of Health, Education, and Welfare' each
place such term appears and inserting `Secretary of Health and Human
Services';
(B) in subparagraph (B), by striking `such information' and all that
follows and inserting `information furnished under subparagraph (A) or
(B) is used only for the purposes authorized under such
subparagraph;';
(C) by striking `and' at the end of subparagraph (A);
(D) by redesignating subparagraph (B) as subparagraph (C);
and
(E) by inserting after subparagraph (A) the following new
subparagraph:
`(B) wage and unemployment compensation information contained in the
records of such agency shall be furnished to the Secretary of Health and
Human Services (in accordance with regulations promulgated by such
Secretary) as necessary for the purposes of the National Directory of
New Hires established under section 453(i) of the Social Security Act,
and'.
(3) TO STATE GRANT PROGRAM UNDER TITLE III OF THE SOCIAL SECURITY
ACT- Subsection (h) of section 303 (42 U.S.C. 503) is amended to read as
follows:
`(h)(1) The State agency charged with the administration of the State
law shall, on a reimbursable basis--
`(A) disclose quarterly, to the Secretary of Health and Human
Services, wage and claim information, as required pursuant to section
453(i)(1), contained in the records of such agency;
`(B) ensure that information provided pursuant to subparagraph (A)
meets such standards relating to correctness and verification as the
Secretary of Health and Human Services, with the concurrence of the
Secretary of Labor, may find necessary; and
`(C) establish such safeguards as the Secretary of Labor determines
are necessary to insure that information disclosed under subparagraph
(A) is used only for purposes of section 453(i)(1) in carrying out the
child support enforcement program under title IV.
`(2) Whenever the Secretary of Labor, after reasonable notice and
opportunity for hearing to the State agency charged with the
administration of the State law, finds that there is a failure to comply
substantially with the requirements of paragraph (1), the Secretary of
Labor shall notify such State agency that further payments will not be
made to the State until the Secretary of Labor is satisfied that there
is no longer any such failure. Until the Secretary of Labor is so
satisfied, the Secretary shall make no future certification to the
Secretary of the Treasury with respect to the State.
`(3) For purposes of this subsection--
`(A) the term `wage information' means information regarding wages
paid to an individual, the social security account number of such
individual, and the name, address, State, and the Federal employer
identification number of the employer paying such wages to such
individual; and
`(B) the term `claim information' means information regarding whether
an individual is receiving, has received, or has made application for,
unemployment compensation, the amount of any such compensation being
received (or to be received by such individual), and the individual's
current (or most recent) home address.'.
(4) DISCLOSURE OF CERTAIN INFORMATION TO AGENTS OF CHILD SUPPORT
ENFORCEMENT AGENCIES -
(A) IN GENERAL- Paragraph (6) of section 6103(l) of the Internal
Revenue Code of 1986 (relating to disclosure of return information to
Federal, State, and local child support enforcement agencies) is amended
by redesignating subparagraph (B) as subparagraph (C) and by inserting
after subparagraph (A) the following new subparagraph:
`(B) DISCLOSURE TO CERTAIN AGENTS- The following information
disclosed to any child support enforcement agency under subparagraph (A)
with respect to any individual with respect to whom child support
obligations are sought to be established or enforced may be disclosed by
such agency to any agent of such agency which is under contract with
such agency to carry out the purposes described in subparagraph
(C):
`(i) The address and social security account number (or numbers) of
such individual.
`(ii) The amount of any reduction under section 6402(c) (relating to
offset of past-due support against overpayments) in any overpayment
otherwise payable to such individual.'.
(B) CONFORMING AMENDMENTS -
(i) Paragraph (3) of section 6103(a) of such Code is amended by
striking `(l)(12)' and inserting `paragraph (6) or (12) of subsection
(l)'.
(ii) Subparagraph (C) of section 6103(l)(6) of such Code, as
redesignated by subsection (a), is amended to read as follows:
`(C) RESTRICTION ON DISCLOSURE- Information may be disclosed under
this paragraph only for purposes of, and to the extent necessary in,
establishing and collecting child support obligations from, and
locating, individuals owing such obligations.'.
(iii) The material following subparagraph (F) of section 6103(p)(4)
of such Code is amended by striking `subsection (l)(12)(B)' and
inserting `paragraph (6)(A) or (12)(B) of subsection (l)'.
(h) REQUIREMENT FOR COOPERATION- The Secretary of Labor and the
Secretary of Health and Human Services shall work jointly to develop
cost-effective and efficient methods of accessing the information in the
various State Directories of New Hires and the National Directory of New
Hires as established pursuant to the amendments made by this subtitle.
In developing these methods the Secretaries shall take into account the
impact, including costs, on the States, and shall also consider the need
to insure the proper and authorized use of wage record
information.
SEC. 317. COLLECTION AND USE OF SOCIAL SECURITY NUMBERS FOR
USE IN CHILD SUPPORT ENFORCEMENT.
Section 466(a) (42 U.S.C. 666(a)), as amended by section 315 of this
Act, is amended by inserting after paragraph (12) the following new
paragraph:
`(13) RECORDING OF SOCIAL SECURITY NUMBERS IN CERTAIN FAMILY
MATTERS - Procedures requiring that the social security
number of --
`(A) any applicant for a professional license, commercial
driver's license, occupational license, or marriage license be recorded
on the application;
`(B) any individual who is subject to a divorce decree, support
order, or paternity determination or acknowledgment be placed in the
records relating to the matter; and
`(C) any individual who has died be placed in the records relating to
the death and be recorded on the death certificate.
For purposes of subparagraph (A), if a State allows the use
of a number other than the social security number, the State shall so
advise any applicants.'. [note this exception]
Subtitle C - Streamlining and Uniformity of
Procedures
SEC. 321. ADOPTION OF UNIFORM STATE LAWS.
Section 466 (42 U.S.C. 666) is amended by adding at the end the
following new subsection:
`(f) UNIFORM INTERSTATE FAMILY SUPPORT ACT - In order to satisfy
section 454(20)(A), on and after January 1, 1998, each State must have
in effect the Uniform Interstate Family Support Act, as approved by the
American Bar Association on February 9, 1993, together with any
amendments officially adopted before January 1, 1998 by the National
Conference of Commissioners on Uniform State Laws.'.
SEC. 325. STATE LAWS
PROVIDING EXPEDITED PROCEDURES.
(a) STATE LAW REQUIREMENTS - Section 466 (42 U.S.C. 666), as amended
by section 314 of this Act, is amended --
(1) in subsection (a)(2), by striking the first sentence and
inserting the following: `Expedited administrative and judicial
procedures (including the procedures specified in subsection (c)) for
establishing paternity and for establishing, modifying, and enforcing
support obligations; and
(2) by inserting after subsection (b) the following new
subsection:
`(c) EXPEDITED PROCEDURES - The procedures specified in this
subsection are the following:
`(1) ADMINISTRATIVE ACTION BY STATE AGENCY - Procedures which give
the State agency the authority to take the following actions relating to
establishment of paternity or to establishment, modification, or
enforcement of support orders, without the necessity of obtaining an
order from any other judicial or administrative tribunal, and to
recognize and enforce the authority of State agencies of other States to
take the following actions:
`(A) GENETIC TESTING - To order genetic testing for the
purpose of paternity establishment as provided in section
466(a)(5).
`(B) FINANCIAL OR OTHER INFORMATION - To subpoena any
financial or other information needed to establish, modify, or enforce a
support order, and to impose penalties for failure to respond to such a
subpoena.
`(C) RESPONSE TO STATE AGENCY REQUEST - To require all
entities in the State (including for-profit, nonprofit, and governmental
employers) to provide promptly, in response to a request by the State
agency of that or any other State administering a program under this
part, information on the employment, compensation, and benefits of any
individual employed by such entity as an employee or contractor, and to
sanction failure to respond to any such request.
`(D) ACCESS TO INFORMATION CONTAINED IN CERTAIN RECORDS - To
obtain access, subject to safeguards on privacy and information
security, and subject to the nonliability of entities that afford such
access under this subparagraph, to information contained in the
following records (including automated access, in the case of records
maintained in automated data bases):
`(i) Records of other State and local government agencies,
including -
`(I) vital statistics (including records of
marriage, birth, and divorce);
`(II) State and local tax and revenue records (including
information on residence address, employer, income and
assets);
`(III) records concerning real and titled personal
property;
`(IV) records of occupational and professional licenses, and
records concerning the ownership and control of corporations,
partnerships, and other business entities;
`(V) employment security records;
`(VI) records of agencies administering public assistance
programs;
`(VII) records of the motor vehicle department;
and
`(VIII) corrections records.
`(ii) Certain records held by private entities with respect
to individuals who owe or are owed support (or against or with respect
to whom a support obligation is sought), consisting
of--
`(I) the names and addresses of such individuals and the
names and addresses of the employers of such individuals, as appearing
in customer records of public utilities and cable television companies,
pursuant to an administrative subpoena authorized by subparagraph (B);
and
`(II) information (including information on assets and
liabilities) on such individuals held by financial
institutions.
`(E) CHANGE IN PAYEE- In cases in which support is subject to an
assignment in order to comply with a requirement imposed pursuant to
part A or section 1912, or to a requirement to pay through the State
disbursement unit established pursuant to section 454B, upon providing
notice to obligor and obligee, to direct the obligor or other payor to
change the payee to the appropriate government entity.
`(F) INCOME WITHHOLDING- To order income withholding in accordance
with subsections (a)(1)(A) and (b) of section 466.
`(G) SECURING ASSETS- In cases in which there is a support arrearage,
to secure assets to satisfy the arrearage by--
`(i) intercepting or seizing periodic or lump-sum payments
from--
`(I) a State or local agency, including unemployment compensation,
workers' compensation, and other benefits; and
`(II) judgments, settlements, and lotteries;
`(ii) attaching and seizing assets of the obligor held in financial
institutions;
`(iii) attaching public and private retirement funds; and
`(iv) imposing liens in accordance with subsection (a)(4) and, in
appropriate cases, to force sale of property and distribution of
proceeds.
`(H) INCREASE MONTHLY PAYMENTS- For the purpose of securing overdue
support, to increase the amount of monthly support payments to include
amounts for arrearages, subject to such conditions or limitations as the
State may provide.
Such procedures shall be subject to due process safeguards, including
(as appropriate) requirements for notice, opportunity to contest the
action, and opportunity for an appeal on the record to an independent
administrative or judicial tribunal.
`(2) SUBSTANTIVE AND PROCEDURAL RULES- The expedited procedures
required under subsection (a)(2) shall include the following rules and
authority, applicable with respect to all proceedings to establish
paternity or to establish, modify, or enforce support orders:
`(A) LOCATOR INFORMATION; PRESUMPTIONS CONCERNING NOTICE- Procedures
under which--
`(i) each party to any paternity or child support proceeding is
required (subject to privacy safeguards) to file with the tribunal and
the State case registry upon entry of an order, and to update as
appropriate, information on location and identity of the party,
including Social Security number, residential and mailing addresses,
telephone number, driver's license number, and name, address, and
telephone number of employer; and
`(ii) in any subsequent child support enforcement action between the
parties, upon sufficient showing that diligent effort has been made to
ascertain the location of such a party, the tribunal may deem State due
process requirements for notice and service of process to be met with
respect to the party, upon delivery of written notice to the most recent
residential or employer address filed with the tribunal pursuant to
clause (i).
`(B) STATEWIDE JURISDICTION- Procedures under which--
`(i) the State agency and any administrative or judicial tribunal
with authority to hear child support and paternity cases exerts
statewide jurisdiction over the parties; and
`(ii) in a State in which orders are issued by courts or
administrative tribunals, a case may betransferred between local
jurisdictions in the State without need for any additional filing by the
petitioner, or service of process upon the respondent, to retain
jurisdiction over the parties.
`(3) COORDINATION WITH ERISA- Notwithstanding subsection (d) of
section 514 of the Employee Retirement Income Security Act of 1974
(relating to effect on other laws), nothing in this subsection shall be
construed to alter, amend, modify, invalidate, impair, or supersede
subsections (a), (b), and (c) of such section 514 as it applies with
respect to any procedure referred to in paragraph (1) and any expedited
procedure referred to in paragraph (2), except to the extent that such
procedure would be consistent with the requirements of section 206(d)(3)
of such Act (relating to qualified domestic relations orders) or the
requirements of section 609(a) of such Act (relating to qualified
medical child support orders) if the reference in such section 206(d)(3)
to a domestic relations order and the reference in such section 609(a)
to a medical child support order were a reference to a support order
referred to in paragraphs (1) and (2) relating to the same matters,
respectively.'.
(b) AUTOMATION OF STATE AGENCY FUNCTIONS- Section 454A, as added by
section 344(a)(2) and as amended by sections 311 and 312(c) of this Act,
is amended by adding at the end the following new subsection:
`(h) EXPEDITED ADMINISTRATIVE PROCEDURES- The automated system
required by this section shall be used, to the maximum extent feasible,
to implement the expedited administrative procedures required by section
466(c).'.
SEC. 331. STATE LAWS
CONCERNING PATERNITY ESTABLISHMENT.
(a) STATE LAWS REQUIRED - Section 466(a)(5) (42 U.S.C. 666(a)(5)) is
amended to read as follows:
`(5) PROCEDURES CONCERNING PATERNITY ESTAB-LISHMENT -
`(A) ESTABLISHMENT PROCESS AVAILABLE FROM BIRTH UNTIL AGE 18
-
`(i) Procedures which permit the establishment of the paternity of a
child at any time before the child attains 18 years of age.
`(ii) As of August 16, 1984, clause (i) shall also apply to a child
for whom paternity has not been established or for whom a paternity
action was brought but dismissed because a statute of limitations of
less than 18 years was then in effect in the State.
`(B) PROCEDURES CONCERNING GENETIC TESTING -
`(i) GENETIC TESTING REQUIRED IN CERTAIN CONTESTED CASES - Procedures
under which the State is required, in a contested paternity case (unless
otherwise barred by State law) to require the child and all
other parties (other than individuals found under section
454(29) to have good cause and other exceptions for refusing to
cooperate) to submit to genetic tests upon the request
of any such party, if the request is supported by a sworn statement by
the party --
`(I) alleging paternity, and setting forth facts establishing a
reasonable possibility of the requisite sexual contact between the
parties; or
`(II) denying paternity, and setting forth facts establishing a
reasonable possibility of the nonexistence of sexual contact between the
parties.
`(ii) OTHER REQUIREMENTS - Procedures which require the State agency,
in any case in which the agency orders genetic testing --
`(I) to pay costs of such tests, subject to recoupment (if the State
so elects) from the alleged father if paternity is established;
and
`(II) to obtain additional testing in any case if an original test
result is contested, upon request and advance payment by the
contestant.
`(C) VOLUNTARY PATERNITY ACKNOWLEDGMENT -
`(i) SIMPLE CIVIL PROCESS - Procedures for a simple civil process for
voluntarily acknowledging paternity under which the State must provide
that, before a mother and a putative father can sign an acknowledgment
of paternity, the mother and the putative father must be given notice,
orally and in writing, of the alternatives to, the legal consequences
of, and the rights (including, if 1 parent is a minor, any rights
afforded due to minority status) and responsibilities that arise from,
signing the acknowledgment.
`(ii) HOSPITAL-BASED PROGRAM - Such procedures must include a
hospital-based program for the voluntary acknowledgment of paternity
focusing on the period immediately before or after the birth of a
child.
`(iii) PATERNITY ESTABLISHMENT SERVICES -
`(I) STATE-OFFERED SERVICES - Such procedures must require the State
agency responsible for maintaining birth records to offer voluntary
paternity establishment services.
`(II) REGULATIONS -
`(aa) SERVICES OFFERED BY HOSPITALS AND BIRTH RECORD AGENCIES - The
Secretary shall prescribe regulations governing voluntary paternity
establishment services offered by hospitals and birth record
agencies.
`(bb) SERVICES OFFERED BY OTHER ENTITIES - The Secretary shall
prescribe regulations specifying the types of other entities that may
offer voluntary paternity establishment services, and governing the
provision of such services, which shall include a requirement that such
an entity must use the same notice provisions used by, use the same
materials used by, provide the personnel providing such services with
the same training provided by, and evaluate the provision of such
services in the same manner as the provision of such services is
evaluated by, voluntary paternity establishment programs of hospitals
and birth record agencies.'.
(iv) USE OF PATERNITY ACKNOWLEDGMENT AFFIDAVIT- Such procedures must
require the State to develop and use an affidavit for the voluntary
acknowledgment of paternity which includes the minimum requirements of
the affidavit specified by the Secretary under section 452(a)(7) for the
voluntary acknowledgment of paternity, and to give full faith and credit
to such an affidavit signed in any other State according to its
procedures.
`(D) STATUS OF SIGNED PATERNITY ACKNOW-LEDGMENT-
`(i) INCLUSION IN BIRTH RECORDS- Procedures under which the name of
the father shall be included on the record of birth of the child of
unmarried parents only if--
`(I) the father and mother have signed a voluntary acknowledgment of
paternity; or
`(II) a court or an administrative agency of competent jurisdiction
has issued an adjudication of paternity.
Nothing in this clause shall preclude a State agency from obtaining
an admission of paternity from the father for submission in a judicial
or administrative proceeding, or prohibit the issuance of an order in a
judicial or administrative proceeding which bases a legal finding of
paternity on an admission of paternity by the father and any other
additional showing required by State law.
`(ii) LEGAL FINDING OF PATERNITY- Procedures under which a signed
voluntary acknowledgment of paternity is considered a legal finding of
paternity, subject to the right of any signatory to rescind the
acknowledgment within the earlier of--
`(I) 60 days; or
`(II) the date of an administrative or judicial proceeding relating
to the child (including a proceeding to establish a support order) in
which the signatory is a party.
`(iii) CONTEST- Procedures under which, after the 60-day period
referred to in clause (ii), a signed voluntary acknowledgment of
paternity may be challenged in court only on the basis of fraud, duress,
or material mistake of fact, with the burden of proof upon the
challenger, and under which the legal responsibilities (including child
support obligations) of any signatory arising from the acknowledgment
may not be suspended during the challenge, except for good cause
shown.
`(E) BAR ON ACKNOWLEDGMENT RATIFICATION PRO-CEEDINGS- Procedures
under which judicial or administrative proceedings are not required or
permitted to ratify an unchallenged acknowledgment of
paternity.
`(F) ADMISSIBILITY OF GENETIC TESTING RESULTS- Procedures--
`(i) requiring the admission into evidence, for purposes of
establishing paternity, of the results of any genetic test that
is--
`(I) of a type generally acknowledged as reliable by accreditation
bodies designated by the Secretary; and
`(II) performed by a laboratory approved by such an accreditation
body;
`(ii) requiring an objection to genetic testing results to be made in
writing not later than a specified number of days before any hearing at
which the results may be introduced into evidence (or, at State option,
not later than a specified number of days after receipt of the results);
and
`(iii) making the test results admissible as evidence of paternity
without the need for foundation testimony or other proof of authenticity
or accuracy, unless objection is made.
`(G) PRESUMPTION OF PATERNITY IN CERTAIN CASES- Procedures which
create a rebuttable or, at the option of the State, conclusive
presumption of paternity upon genetic testing results indicating a
threshold probability that the alleged father is the father of the
child.
`(H) DEFAULT ORDERS- Procedures requiring a default order to be
entered in a paternity case upon a showing of service of process on the
defendant and any additional showing required by State law.
`(I) NO RIGHT TO JURY TRIAL- Procedures providing that the
parties to an action to establish paternity are not entitled to a trial
by jury.
`(J) TEMPORARY SUPPORT ORDER BASED ON PROBABLE PATERNITY IN CONTESTED
CASES- Procedures which require that a temporary order be issued, upon
motion by a party, requiring the provision of child support pending an
administrative or judicial determination of parentage, if there is clear
and convincing evidence of paternity (on the basis of genetic tests or
other evidence).
`(K) PROOF OF CERTAIN SUPPORT AND PATERNITY ESTABLISHMENT COSTS-
Procedures under which bills for pregnancy, childbirth, and genetic
testing are admissible as evidence without requiring third-party
foundation testimony, and shall constitute prima facie evidence of
amounts incurred for such services or for testing on behalf of the
child.
`(L) STANDING OF PUTATIVE FATHERS- Procedures ensuring that the
putative father has a reasonable opportunity to initiate a paternity
action.
`(M) FILING OF ACKNOWLEDGMENTS AND ADJUDICATIONS IN STATE REGISTRY OF
BIRTH RECORDS- Procedures under which voluntary acknowledgments and
adjudications of paternity by judicial or administrative processes are
filed with the State registry of birth records for comparison with
information in the State case registry.'.
(b) NATIONAL PATERNITY ACKNOWLEDGMENT AFFIDAVIT- Section 452(a)(7)
(42 U.S.C. 652(a)(7)) is amended by inserting `, and specify the minimum
requirements of an affidavit to be used for the voluntary acknowledgment
of paternity which shall include the Social Security number of each
parent and, after consultation with the States, other common elements as
determined by such designee' before the semicolon.
(c) CONFORMING AMENDMENT- Section 468 (42 U.S.C. 668) is amended by
striking `a simple civil process for voluntarily acknowledging paternity
and'.
SEC. 369. STATE LAW AUTHORIZING SUSPENSION OF
LICENSES.
Section 466(a) (42 U.S.C. 666(a)), as amended by sections 315, 317,
323, and 365 of this Act, is amended by inserting after paragraph (15)
the following:
`(16) AUTHORITY TO WITHHOLD OR SUSPEND LICENSES - Procedures
under which the State has (and uses in appropriate cases) authority to
withhold or suspend, or to restrict the use of driver's licenses,
professional and occupational licenses, and recreational licenses of
individuals owing overdue support or failing, after receiving
appropriate notice, to comply with subpoenas or warrants relating to
paternity or child support proceedings.
SEC. 370. DENIAL
OF PASSPORTS FOR NONPAYMENT OF CHILD SUPPORT.
(a) HHS CERTIFICATION PROCEDURE -
(1) SECRETARIAL RESPONSIBILITY - Section 452 (42 U.S.C. 652), as
amended by section 345 of this Act, is amended by adding at the end the
following new subsection:
`(k)(1) If the Secretary receives a certification by a State agency
in accordance with the requirements of section 454(31) that an
individual owes arrearages of child support in an amount exceeding
$5,000, the Secretary shall transmit such certification to the Secretary
of State for action (with respect to denial, revocation, or limitation
of passports) pursuant to paragraph (2).
`(2) The Secretary of State shall, upon certification by the
Secretary transmitted under paragraph (1), refuse to issue a passport to
such individual, and may revoke, restrict, or limit a passport issued
previously to such individual.
`(3) The Secretary and the Secretary of State shall not be liable to
an individual for any action with respect to a certification by a State
agency under this section.'.
(2) STATE AGENCY RESPONSIBILITY - Section 454 (42 U.S.C. 654), as
ame
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