![]()
Vol. 71, No. 12,
December 1998
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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