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Union Calendar No. 459
106th CONGRESS
2d Session
H. R. 4678
[Report No. 106-793, Part I]
To provide more child support money to families leaving welfare, to
simplify the rules governing the assignment and distribution of child
support collected by States on behalf of children, to improve the
collection of child support, to promote marriage, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 15, 2000
Mrs. Johnson of Connecticut (for herself, Mr. Camp, and Mr. English)
introduced the following bill; which was referred to the Committee on
Ways and Means, and in addition to the Committees on the Judiciary, and
Education and the Workforce, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
July 26, 2000
Additional sponsor: Mrs. Roukema
July 26, 2000
Reported from the Committee on Ways and Means with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
July 26, 2000
Referral to the Committees on the Judiciary and Education and the
Workforce extended for a period ending not later than July 26, 2000
July 26, 2000
The Committees on the Judiciary and Education and the Workforce
discharged; committed to the Committee of the Whole House on the State
of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on June
15, 2000]
_______________________________________________________________________
A BILL
To provide more child support money to families leaving welfare, to
simplify the rules governing the assignment and distribution of child
support collected by States on behalf of children, to improve the
collection of child support, to promote marriage, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Support Distribution Act of
2000''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--DISTRIBUTION OF CHILD SUPPORT
Sec. 101. Distribution of child support collected by States on behalf
of children receiving certain welfare
benefits.
TITLE II--REVIEW AND ADJUSTMENT OF CHILD SUPPORT ORDERS
Sec. 201. Mandatory review and modification of child support orders for
TANF recipients.
TITLE III--DEMONSTRATION OF EXPANDED INFORMATION AND ENFORCEMENT
Sec. 301. Guidelines for involvement of public non-IV-D child support
enforcement agencies in child support
enforcement.
Sec. 302. Demonstrations involving establishment and enforcement of
child support obligations by public non-IV-
D child support enforcement agencies.
Sec. 303. GAO report to Congress on private child support enforcement
agencies.
Sec. 304. Effective date.
TITLE IV--EXPANDED ENFORCEMENT
Sec. 401. Decrease in amount of child support arrearage triggering
passport denial.
Sec. 402. Use of tax refund intercept program to collect past-due child
support on behalf of children who are not
minors.
Sec. 403. Garnishment of compensation paid to veterans for service-
connected disabilities in order to enforce
child support obligations.
TITLE V--FATHERHOOD PROGRAMS
Subtitle A--Fatherhood Grant Program
Sec. 501. Fatherhood grants.
Subtitle B--Fatherhood Projects of National Significance
Sec. 511. Fatherhood projects of national significance.
TITLE VI--MISCELLANEOUS
Sec. 601. Change dates for abstinence evaluation.
Sec. 602. Report on undistributed child support payments.
Sec. 603. Use of new hire information to assist in administration of
unemployment compensation programs.
Sec. 604. Immigration provisions.
Sec. 605. Correction of errors in conforming amendments in the Welfare-
To-Work and Child Support Amendments of
1999.
Sec. 606. Elimination of set-aside of welfare-to-work funds for
successful performance bonus.
Sec. 607. Increase in payment rate to States for expenditures for short
term training of staff of certain child
welfare agencies.
TITLE VII--EFFECTIVE DATE
Sec. 701. Effective date.
TITLE I--DISTRIBUTION OF CHILD SUPPORT
SEC. 101. DISTRIBUTION OF CHILD SUPPORT COLLECTED BY STATES ON BEHALF
OF CHILDREN RECEIVING CERTAIN WELFARE BENEFITS.
(a) Modification of Rule Requiring Assignment of Support Rights as
a Condition of Receiving TANF.--Section 408(a)(3) of the Social
Security Act (42 U.S.C. 608(a)(3)) is amended to read as follows:
``(3) No assistance for families not assigning certain
support rights to the state.--A State to which a grant is made
under section 403 shall require, as a condition of providing
assistance to a family under the State program funded under
this part, that a member of the family assign to the State any
rights the family member may have (on behalf of the family
member or of any other person for whom the family member has
applied for or is receiving such assistance) to support from
any other person, not exceeding the total amount of assistance
so provided to the family, which accrues during the period that
the family receives assistance under the program.''.
(b) Increasing Child Support Payments to Families and Simplifying
Child Support Distribution Rules.--
(1) Distribution rules.--
(A) In general.--Section 457(a) of such Act (42
U.S.C. 657(a)) is amended to read as follows:
``(a) In General.--Subject to subsections (d) and (e), the amounts
collected on behalf of a family as support by a State pursuant to a
plan approved under this part shall be distributed as follows:
``(1) Families receiving assistance.--In the case of a
family receiving assistance from the State, the State shall--
``(A) pay to the Federal Government the Federal
share of the amount collected, subject to paragraph
(3)(A);
``(B) retain, or pay to the family, the State share
of the amount collected, subject to paragraph (3)(B);
and
``(C) pay to the family any remaining amount.
``(2) Families that formerly received assistance.--In the
case of a family that formerly received assistance from the
State:
``(A) Current support.--To the extent that the
amount collected does not exceed the current support
amount, the State shall pay the amount to the family.
``(B) Arrearages.--To the extent that the amount
collected exceeds the current support amount, the
State--
``(i) shall first pay to the family the
excess amount, to the extent necessary to
satisfy support arrearages not assigned
pursuant to section 408(a)(3);
``(ii) if the amount collected exceeds the
amount required to be paid to the family under
clause (i), shall--
``(I) pay to the Federal
Government, the Federal share of the
excess amount described in this clause,
subject to paragraph (3)(A); and
``(II) retain, or pay to the
family, the State share of the excess
amount described in this clause,
subject to paragraph (3)(B); and
``(iii) shall pay to the family any
remaining amount.
``(3) Limitations.--
``(A) Federal reimbursements.--The total of the
amounts paid by the State to the Federal Government
under paragraphs (1) and (2) of this subsection with
respect to a family shall not exceed the Federal share
of the amount assigned with respect to the family
pursuant to section 408(a)(3).
``(B) State reimbursements.--The total of the
amounts retained by the State under paragraphs (1) and
(2) of this subsection with respect to a family shall
not exceed the State share of the amount assigned with
respect to the family pursuant to section 408(a)(3).
``(4) Families that never received assistance.--In the case
of any other family, the State shall pay the amount collected
to the family.
``(5) Families under certain agreements.--Notwithstanding
paragraphs (1) through (4), in the case of an amount collected
for a family in accordance with a cooperative agreement under
section 454(33), the State shall distribute the amount
collected pursuant to the terms of the agreement.
``(6) State financing options.--To the extent that the
State share of the amount payable to a family for a month
pursuant to paragraph (2)(B) of this subsection exceeds the
amount that the State estimates (under procedures approved by
the Secretary) would have been payable to the family for the
month pursuant to former section 457(a)(2) (as in effect for
the State immediately before the date this subsection first
applies to the State) if such former section had remained in
effect, the State may elect to use the grant made to the State
under section 403(a) to pay the amount, or to have the payment
considered a qualified State expenditure for purposes of
section 409(a)(7), but not both.''.
(B) Approval of estimation procedures.--Not later
than October 1, 2001, the Secretary of Health and Human
Services, in consultation with the States (as defined
for purposes of part D of title IV of the Social
Security Act), shall establish the procedures to be
used to make the estimate described in section
457(a)(6) of such Act.
(2) Current support amount defined.--Section 457(c) of such
Act (42 U.S.C. 657(c)) is amended by adding at the end the
following:
``(5) Current support amount.--The term `current support
amount' means, with respect to amounts collected as support on
behalf of a family, the amount designated as the monthly
support obligation of the noncustodial parent in the order
requiring the support.''.
(c) Ban on Recovery of Medicaid Costs for Certain Births.--Section
454 of such Act (42 U.S.C. 654) is amended--
(1) by striking ``and'' at the end of paragraph (32);
(2) by striking the period at the end of paragraph (33) and
inserting ``; and''; and
(3) by inserting after paragraph (33) the following:
``(34) provide that the State shall not use the State
program operated under this part to collect any amount owed to
the State by reason of costs incurred under the State plan
approved under title XIX for the birth of a child for whom
support rights have been assigned pursuant to section
408(a)(3), 471(a)(17), or 1912.''.
(d) Conforming Amendments.--
(1) Section 409(a)(7)(B)(i)(I)(aa) of such Act (42 U.S.C.
609(a)(7)(B)(i)(I)(aa)) is amended by striking ``457(a)(1)(B)''
and inserting ``457(a)(1)''.
(2) Section 404(a) of such Act (42 U.S.C. 604(a)) is
amended--
(A) by striking ``or'' at the end of paragraph (1);
(B) by striking the period at the end of paragraph
(2) and inserting ``; or''; and
(C) by adding at the end the following:
``(3) to fund payment of an amount pursuant to section
457(a)(2)(B)(i), but only to the extent that the State properly
elects under section 457(a)(6) to use the grant to fund the
payment.''.
(3) Section 409(a)(7)(B)(i) of such Act (42 U.S.C.
609(a)(7)(B)(i)) is amended by adding at the end the following:
``(V) Portions of certain child
support payments collected on behalf of
and distributed to families no longer
receiving assistance.--Any amount paid
by a State pursuant to section
457(a)(2)(B)(i), but only to the extent
that the State properly elects under
section 457(a)(6) to have the payment
considered a qualified State
expenditure.''.
(e) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect on October 1, 2005, and shall apply to payments
under parts A and D of title IV of the Social Security Act for
calendar quarters beginning on or after such date, and without
regard to whether regulations to implement such amendments (in
the case of State programs operated under such part D) are
promulgated by such date.
(2) State option to accelerate effective date.--In
addition, a State may elect to have the amendments made by this
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