(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)
International Child Support Recovery Improvement Act of 2013 - (Sec. 2) Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act (SSA) to direct the Secretary of Health and Human Services (HHS) to use the authorities otherwise provided by law to ensure U.S. compliance with any multilateral child support convention to which the United States is a party.
Authorizes access to the Federal Parent Locator Service (FPLS) by an entity designated as a Central Authority for child support enforcement in a foreign reciprocating country or a foreign treaty country (for which the 2007 Family Maintenance Convention is in force) so that foreign reciprocating countries will be notified of the state of residence of individuals sought for support enforcement.
Gives the state the option to require individuals applying for services relating to establishment of paternity or child support obligations who reside in a foreign reciprocating country or foreign treaty country to apply for such services with respect to a child through the Central Authority for child support enforcement in the foreign country. Allows the state to accept or reject the application of any individual residing in a foreign country that is not a foreign reciprocating country or a foreign treaty country.
(Sec. 3) Directs the Secretary of HHS to designate: (1) a nonproprietary and interoperable data exchange standard for any category of information required to be reported under SSA title IV part D, and (2) data exchange standards to govern reporting of such data.
(Sec. 4) Increases from 24 to 48 months the length of time information entered into the data base maintained by the National Directory of New Hires shall remain before being deleted.
Revises the authority of the Secretary of HHS to provide access to data in each component of the FPLS and to information reported by employers for certain research purposes. Limits such research to any undertaken by a state or federal agency for purposes likely to contribute to achieving the purposes of SSA title IV part A (Temporary Assistance for Needy Families) (TANF) or in SSA title IV part D. Authorizes the Secretary to provide access also for an evaluation or statistical analysis to assess the effectiveness of a federal program in achieving positive labor market outcomes (including through grant or contract) by specified federal departments and entities. Reverses the current prohibition against personal identifiers in such research to allow them if certain requirements are met.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1896 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 1896
To amend part D of title IV of the Social Security Act to ensure that
the United States can comply fully with the obligations of the Hague
Convention of 23 November 2007 on the International Recovery of Child
Support and Other Forms of Family Maintenance, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 8, 2013
Mr. Reichert (for himself, Mr. Doggett, Mr. Lewis, Mr. Boustany, Mr.
Crowley, Mr. Reed, Mr. Young of Indiana, Mr. Kelly of Pennsylvania, Mr.
Griffin of Arkansas, and Mr. Renacci) introduced the following bill;
which was referred to the Committee on Ways and Means, and in addition
to the Committees on the Budget and the Judiciary, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To amend part D of title IV of the Social Security Act to ensure that
the United States can comply fully with the obligations of the Hague
Convention of 23 November 2007 on the International Recovery of Child
Support and Other Forms of Family Maintenance, 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; REFERENCES.
(a) Short Title.--This Act may be cited as the ``International
Child Support Recovery Improvement Act of 2013''.
(b) References.--Except as otherwise expressly provided in this
Act, wherever in this Act an amendment is expressed in terms of an
amendment to a section or other provision, the amendment shall be
considered to be made to a section or other provision of the Social
Security Act.
SEC. 2. AMENDMENTS TO ENSURE ACCESS TO CHILD SUPPORT SERVICES FOR
INTERNATIONAL CHILD SUPPORT CASES.
(a) Authority of the Secretary of Hhs To Ensure Compliance With
Multilateral Child Support Conventions.--
(1) In general.--Section 452 (42 U.S.C. 652) is amended--
(A) by redesignating the second subsection (l) (as
added by section 7306 of the Deficit Reduction Act of
2005) as subsection (m); and
(B) by adding at the end the following:
``(n) The Secretary shall use the authorities otherwise provided by
law to ensure the compliance of the United States with any multilateral
child support convention to which the United States is a party.''.
(2) Conforming amendment.--Section 453(k)(3) (42 U.S.C.
653(k)(3)) is amended by striking ``452(l)'' and inserting
``452(m)''.
(b) Access to the Federal Parent Locator Service.--Section 453(c)
(42 U.S.C. 653(c)) is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) an entity designated as a Central Authority for child
support enforcement in a foreign reciprocating country or a
foreign treaty country for purposes specified in section
459A(c)(2).''.
(c) State Option To Require Individuals in Foreign Countries To
Apply Through Their Country's Appropriate Central Authority.--Section
454 (42 U.S.C. 654) is amended--
(1) in paragraph (4)(A)(ii), by inserting before the
semicolon ``(except that, if the individual applying for the
services resides in a foreign reciprocating country or foreign
treaty country, the State may opt to require the individual to
request the services through the Central Authority for child
support enforcement in the foreign reciprocating country or the
foreign treaty country, and if the individual resides in a
foreign country that is not a foreign reciprocating country or
a foreign treaty country, a State may accept or reject the
application)''; and
(2) in paragraph (32)--
(A) in subparagraph (A), by inserting ``, a foreign
treaty country,'' after ``a foreign reciprocating
country''; and
(B) in subparagraph (C), by striking ``or foreign
obligee'' and inserting ``, foreign treaty country, or
foreign individual''.
(d) Amendments to International Support Enforcement Provisions.--
Section 459A (42 U.S.C. 659a) is amended--
(1) by adding at the end the following:
``(e) References.--In this part:
``(1) Foreign reciprocating country.--The term `foreign
reciprocating country' means a foreign country (or political
subdivision thereof) with respect to which the Secretary has
made a declaration pursuant to subsection (a).
``(2) Foreign treaty country.--The term `foreign treaty
country' means a foreign country for which the 2007 Family
Maintenance Convention is in force.
``(3) 2007 family maintenance convention.--The term `2007
Family Maintenance Convention' means the Hague Convention of 23
November 2007 on the International Recovery of Child Support
and Other Forms of Family Maintenance.'';
(2) in subsection (c)--
(A) in the matter preceding paragraph (1), by
striking ``foreign countries that are the subject of a
declaration under this section'' and inserting
``foreign reciprocating countries or foreign treaty
countries''; and
(B) in paragraph (2), by inserting ``and foreign
treaty countries'' after ``foreign reciprocating
countries''; and
(3) in subsection (d), by striking ``the subject of a
declaration pursuant to subsection (a)'' and inserting
``foreign reciprocating countries or foreign treaty
countries''.
(e) Collection of Past-Due Support From Federal Tax Refunds.--
Section 464(a)(2)(A) (42 U.S.C. 664(a)(2)(A)) is amended by striking
``under section 454(4)(A)(ii)'' and inserting ``under paragraph
(4)(A)(ii) or (32) of section 454''.
(f) State Law Requirement Concerning the Uniform Interstate Family
Support Act (uifsa).--
(1) In general.--Section 466(f) (42 U.S.C. 666(f)) is
amended--
(A) by striking ``on and after January 1, 1998,'';
(B) by striking ``and as in effect on August 22,
1996,''; and
(C) by striking ``adopted as of such date'' and
inserting ``adopted as of September 30, 2008''.
(2) Conforming amendments to title 28, united states
code.--Section 1738B of title 28, United States Code, is
amended--
(A) in subsection (d), by striking ``individual
contestant'' and inserting ``individual contestant or
the parties have consented in a record or open court
that the tribunal of the State may continue to exercise
jurisdiction to modify its order,'';
(B) in subsection (e)(2)(A), by striking
``individual contestant'' and inserting ``individual
contestant and the parties have not consented in a
record or open court that the tribunal of the other
State may continue to exercise jurisdiction to modify
its order''; and
(C) in subsection (b)--
(i) by striking ```child' means'' and
inserting ``(1) The term `child' means'';
(ii) by striking ```child's State' means''
and inserting ``(2) The term `child's State'
means'';
(iii) by striking ```child's home State'
means'' and inserting ``(3) The term `child's
home State' means'';
(iv) by striking ```child support' means''
and inserting ``(4) The term `child support'
means'';
(v) by striking ```child support order'''
and inserting ``(5) The term `child support
order''';
(vi) by striking ```contestant' means'' and
inserting ``(6) The term `contestant' means'';
(vii) by striking ```court' means'' and
inserting ``(7) The term `court' means'';
(viii) by striking ```modification' means''
and inserting ``(8) The term `modification'
means''; and
(ix) by striking ```State' means'' and
inserting ``(9) The term `State' means''.
(3) Effective date; grace period for state law changes.--
(A) Paragraph (1).--(i) The amendments made by
paragraph (1) shall take effect with respect to a State
no later than the effective date of laws enacted by the
legislature of the State implementing such paragraph,
but in no event later than the first day of the first
calendar quarter beginning after the close of the first
regular session of the State legislature that begins
after the date of the enactment of this Act.
(ii) For purposes of clause (i), in the case of a
State that has a 2-year legislative session, each year
of the session shall be deemed to be a separate regular
session of the State legislature.
(B) Paragraph (2).--(i) The amendments made by
subparagraphs (A) and (B) of paragraph (2) shall take
effect on the date on which the Hague Convention of 23
November 2007 on the International Recovery of Child
Support and Other Forms of Family Maintenance enters
into force for the United States.
(ii) The amendments made by subparagraph (C) of
paragraph (2) shall take effect on the date of the
enactment of this Act.
SEC. 3. DATA EXCHANGE STANDARDIZATION FOR IMPROVED INTEROPERABILITY.
(a) In General.--Section 452 (42 U.S.C. 652), as amended by section
2(a)(1) of this Act, is amended by adding at the end the following:
``(o) Data Exchange Standards for Improved Interoperability.--
``(1) Designation.--The Secretary shall, in consultation
with an interagency work group established by the Office of
Management and Budget and considering State government
perspectives, by rule, designate data exchange standards to
govern, under this part--
``(A) necessary categories of information that
State agencies operating programs under State plans
approved under this part are required under applicable
law to electronically exchange with another State
agency; and
``(B) Federal reporting and data exchange required
under applicable law.
``(2) Requirements.--The data exchange standards required
by paragraph (1) shall, to the extent practicable--
``(A) incorporate a widely accepted, non-
proprietary, searchable, computer-readable format, such
as the eXtensible Markup Language;
``(B) contain interoperable standards developed and
maintained by intergovernmental partnerships, such as
the National Information Exchange Model;
``(C) incorporate interoperable standards developed
and maintained by Federal entities with authority over
contracting and financial assistance;
``(D) be consistent with and implement applicable
accounting principles;
``(E) be implemented in a manner that is cost-
effective and improves program efficiency and
effectiveness; and
``(F) be capable of being continually upgraded as
necessary.
``(3) Rule of construction.--Nothing in this subsection
shall be construed to require a change to existing data
exchange standards found to be effective and efficient.''.
(b) Effective Date.--The Secretary of Health and Human Services
shall issue a proposed rule within 24 months after the date of the
enactment of this section. The rule shall identify federally-required
data exchanges, include specification and timing of exchanges to be
standardized, and address the factors used in determining whether and
when to standardize data exchanges. It should also specify State
implementation options and describe future milestones.
SEC. 4. EFFICIENT USE OF THE NATIONAL DIRECTORY OF NEW HIRES DATABASE
FOR FEDERALLY SPONSORED RESEARCH ASSESSING THE
EFFECTIVENESS OF FEDERAL POLICIES AND PROGRAMS IN
ACHIEVING POSITIVE LABOR MARKET OUTCOMES.
Section 453 (42 U.S.C. 653) is amended--
(1) in subsection (i)(2)(A), by striking ``24'' and
inserting ``48''; and
(2) in subsection (j), by striking paragraph (5) and
inserting the following:
``(5) Research.--
``(A) In general.--Subject to subparagraph (B) of
this paragraph, the Secretary may provide access to
data in each component of the Federal Parent Locator
Service maintained under this section and to
information reported by employers pursuant to section
453A(b), for--
``(i) research undertaken by a State or
Federal agency (including through grant or
contract) for purposes found by the Secretary
to be likely to contribute to achieving the
purposes of part A or this part; or
``(ii) an evaluation or statistical
analysis undertaken to assess the effectiveness
of a Federal program in achieving positive
labor market outcomes (including through grant
or contract), by--
``(I) the Department of Health and
Human Services;
``(II) the Social Security
Administration;
``(III) the Department of Labor;
``(IV) the Department of Education;
``(V) the Department of Housing and
Urban Development;
``(VI) the Department of Justice;
``(VII) the Department of Veterans
Affairs;
``(VIII) the Bureau of the Census;
``(IX) the Department of
Agriculture; or
``(X) the National Science
Foundation.
``(B) Personal identifiers.--Data or information
provided under this paragraph may include a personal
identifier only if, in addition to meeting the
requirements of subsections (l) and (m)--
``(i) the State or Federal agency
conducting the research described in
subparagraph (A)(i), or the Federal department
or agency undertaking the evaluation or
statistical analysis described in subparagraph
(A)(ii), as applicable, enters into an
agreement with the Secretary regarding the
security and use of the data or information;
``(ii) the agreement includes such
restrictions or conditions with respect to the
use, safeguarding, disclosure, or redisclosure
of the data or information (including by
contractors or grantees) as the Secretary deems
appropriate;
``(iii) the data or information is used
exclusively for the purposes defined in the
agreement; and
``(iv) the Secretary determines that the
provision of data or information under this
paragraph is the minimum amount needed to
conduct the research, evaluation, or
statistical analysis, as applicable, and will
not interfere with the effective operation of
the program under this part.
``(C) Penalties for unauthorized disclosure of
data.--Any individual who willfully discloses a
personal identifier (such as a name or social security
number) provided under this paragraph, in any manner to
an entity not entitled to receive the data or
information, shall be fined under title 18, United
States Code, imprisoned not more than 5 years, or
both.''.
SEC. 5. BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Senate Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E623)
Referred to the Committee on Ways and Means, and in addition to the Committees on the Budget, and the Judiciary, 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.
Referred to the Committee on Ways and Means, and in addition to the Committees on the Budget, and the Judiciary, 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.
Referred to the Committee on Ways and Means, and in addition to the Committees on the Budget, and the Judiciary, 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.
Referred to the Subcommittee on Human Resources.
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
Mr. Reichert moved to suspend the rules and pass the bill.
Considered under suspension of the rules. (consideration: CR H3700-3704)
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DEBATE - The House proceeded with forty minutes of debate on H.R. 1896.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H3744)
Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 394 - 27 (Roll no. 252).(text: CR H3700-3702)
Roll Call #252 (House)On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 394 - 27 (Roll no. 252). (text: CR H3700-3702)
Roll Call #252 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Finance.