Child Support Improvement and Work Promotion Act - 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 utilize federal and state enforcement mechanisms and take necessary steps to ensure compliance with the U.S. treaty obligations under any multilateral child support convention in the event that a state plan does not comply with those obligations.
Authorizes a Central Authority for child support enforcement in a foreign reciprocating country or a foreign treaty country to obtain information from the Federal Parent Locator Service for the purpose of establishing parentage or child support obligations, and enforcing them.
Authorizes a state to require residents of a foreign reciprocating country or foreign treaty country who apply for services relating to establishment of paternity or child support obligations to make such an application through the foreign country's Central Authority for child support enforcement. 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.
Allows collection of past-due support from federal tax refunds in response to a request from a foreign reciprocating country or a foreign treaty country.
Amends the federal judicial code with respect to full faith and credit for child support orders to revise requirements for state tribunals with appropriate jurisdiction to modify child support orders including an order issued in that state if one party resides in another state. Allows individual contestants to a child support order to consent to allow a state tribunal to continue to exercise jurisdiction to modify the order, or to change the tribunal and jurisdiction, in certain circumstances, to those of another state.
Allows issuance of passports to certain individuals with annual incomes of under $100,000 who owe arrearages of child support but have been making such payments over a period of time.
Authorizes child support enforcement programs operated by Indian tribes to conduct an experimental, pilot, or demonstration project to assist in promoting the SSA title IV part D objectives.
Authorizes establishment of voluntary parenting time arrangements under state part D plans.
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.
Authorizes the Secretary to provide access to data in each component of the Federal Parent Locator Service for certain related federal or state research as well as assessments of the effectiveness of a federal program in achieving positive labor market outcomes.
Establishes in the executive branch a Child Support Enforcement Task Force.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1877 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 1877
To increase the reliability of child support for children, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 19, 2013
Mr. Baucus (for himself, Mr. Hatch, Mr. Wyden, Mr. Menendez, Mr.
Grassley, and Mr. Rockefeller) introduced the following bill; which was
read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To increase the reliability of child support for children, 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.
(a) Short Title.--This Act may be cited as the ``Child Support
Improvement and Work Promotion Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
TITLE I--INCREASED RELIABILITY OF CHILD SUPPORT
Sec. 101. Compliance with multilateral child support conventions.
Sec. 102. Relief from passport sanctions for certain individuals.
Sec. 103. Child support enforcement programs for Indian tribes.
Sec. 104. Parenting time arrangements.
Sec. 105. 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.
TITLE II--CHILD SUPPORT ENFORCEMENT TASK FORCE
Sec. 201. Child Support Enforcement Task Force.
TITLE III--EFFECTIVE DATES
Sec. 301. Effective dates.
TITLE IV--BUDGETARY EFFECTS
Sec. 401. Determination of budgetary effects.
TITLE I--INCREASED RELIABILITY OF CHILD SUPPORT
SEC. 101. COMPLIANCE WITH MULTILATERAL CHILD SUPPORT CONVENTIONS.
(a) Secretary's Authority To Ensure Compliance With Multilateral
Child Support Convention.--
(1) In general.--Section 452 of the Social Security Act (42
U.S.C. 652) is amended--
(A) by redesignating the second subsection (l) (as
added by section 7306 of Public Law 109-171) as
subsection (m); and
(B) by adding at the end the following:
``(n) Secretary's Authority To Ensure Compliance With Multilateral
Child Support Convention.--Consistent with the national policy of the
United States to fully comply with the obligations of any multilateral
child support convention to which the United States is a party, the
Secretary shall utilize Federal and, as appropriate, State enforcement
mechanisms in furtherance of this policy and take such steps as may be
necessary within the Secretary's authority to ensure compliance with
the United States treaty obligations under such convention in the event
the Secretary determines that a State plan does not comply with such
obligations.''.
(2) Conforming amendment.--Section 453(k)(3) of the Social
Security Act (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)
of the Social Security Act (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 of the Social Security Act (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 of the Social Security Act (42 U.S.C. 659a) is amended--
(1) 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'';
(2) in subsection (d), by striking ``the subject of a
declaration pursuant to subsection (a)'' and inserting
``foreign reciprocating countries or foreign treaty
countries''; and
(3) 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.''.
(e) Collection of Past-Due Support From Federal Tax Refunds.--
Section 464(a)(2)(A) of the Social Security Act (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).--Section 466(f) (42 U.S.C. 666(f)) is amended--
(1) by striking ``on and after January 1, 1998,'';
(2) by striking ``and as in effect on August 22, 1996,'';
and
(3) by striking ``adopted as of such date'' and inserting
``adopted as of September 30, 2008''.
(g) Full Faith and Credit for Child Support Orders.--Section 1738B
of title 28, United States Code, is amended--
(1) in subsection (b)--
(A) by inserting ``(1) Child.--The term'' before
```child''';
(B) by striking ```child's State''' and all that
follows through ``a child resides.'';
(C) by inserting ``(2) Child's home state.--The
term'' before ```child's home State''';
(D) by inserting after paragraph (2), as designated
by subparagraph (C), the following:
``(3) Child's state.--The term `child's State' means the
State in which a child resides.'';
(E) by inserting ``(4) Child support.--The term''
before ```child support''';
(F) by inserting ``(5) Child support order.--The
term'' before ```child support order''';
(G) by inserting ``(6) Contestant.--The term''
before ```contestant''';
(H) by striking ```court' means'' and all that
follows through ``modification of a child support
order.'';
(I) by inserting ``(7) Modification.--The term''
before ```modification''';
(J) by inserting ``(8) State.--The term'' before
```State'''; and
(K) by adding at the end the following:
``(9) Tribunal.--The term `tribunal' means a court or
administrative agency of a State that is authorized by State
law to establish the amount of child support payable by a
contestant or make a modification of a child support order.'';
(2) by striking ``court'' each place it appears except
subsection (b)(9), as added by paragraph (1) of this section,
and inserting ``tribunal'';
(3) by striking ``courts'' each place it appears and
inserting ``tribunals'';
(4) in subsection (c)(1), by striking ``subsections (e),
(f), and (g)'' and inserting ``this section'';
(5) by striking subsection (i);
(6) by redesignating subsections (e), (f), (g), and (h) as
subsections (f), (g), (h), and (i), respectively;
(7) by striking subsection (d) and inserting the following:
``(d) Continuing, Exclusive Jurisdiction.--A tribunal of a State
that has made a child support order consistently with this section has
continuing, exclusive jurisdiction to modify the order if--
``(1) the order is the controlling order, as determined
under subsection (g); and
``(2)(A) the State is the child's State or the residence of
any individual contestant; or
``(B) the contestants provide consent (by providing consent
in a record or in a hearing) for the tribunal to continue to
exercise jurisdiction to modify the order.
``(e) Restrictions on Exercising Continuing, Exclusive
Jurisdiction.--A tribunal of a State that has made a child support
order may not exercise continuing, exclusive jurisdiction to modify the
order if--
``(1) each individual contestant files a consent in a
record with the issuing tribunal stating that a tribunal of
another State (which has jurisdiction of at least 1 of the
individual contestants or that is a tribunal of the State of
the residence of the child) may modify the order and assume
continuing, exclusive jurisdiction; or
``(2) the order is not the controlling order, as determined
under subsection (g).'';
(8) in subsection (f), as redesignated by paragraph (6) of
this section--
(A) in paragraph (1), by striking ``subsection
(i)'' and inserting ``subsection (j)''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting ``and
the contestants have not provided consent (by
providing consent in a record or in a hearing)
for the tribunal of the other State to continue
to exercise jurisdiction to modify the order''
before the semicolon; and
(ii) in subparagraph (B), by inserting
``with jurisdiction of at least 1 of the
individual contestants or that is a tribunal of
the State of the residence of the child'' after
``of another State'';
(9) in subsection (g), as redesignated by paragraph (6) of
this section--
(A) in the subsection heading, by striking
``Recognition of Child Support Orders'' and inserting
``Determination of Controlling Child Support Order'';
(B) in the matter preceding paragraph (1), by
striking ``to recognize for purposes of continuing,
exclusive jurisdiction and enforcement'' and inserting
``is the controlling order and shall be recognized'';
and
(C) by striking ``must be recognized'' each place
it appears and inserting ``is the controlling order'';
(10) in subsection (h), as redesignated by paragraph (6) of
this section, by striking ``subsections (e) and (f)'' and
inserting ``subsections (f) and (g)'';
(11) in subsection (i), as redesignated by paragraph (6) of
this section--
(A) in paragraph (1), by inserting ``or collect
arrears and interest due on a child support order''
after ``enforce a child support order'';
(B) by striking paragraph (2) and inserting the
following:
``(2) Law of state of issuance of order.--A tribunal shall
apply the law of the State of the tribunal that issued a child
support order registered in the State of the tribunal with
regard to--
``(A) the nature, extent, amount, and duration of
current payments under the child support order;
``(B) the computation and payment of arrears and
accrual of interest on arrears under the child support
order; and
``(C) the existence and satisfaction of other
obligations under the child support order.'';
(C) in paragraph (3), by striking ``child support
order, a'' and inserting ``child support order
registered in the State of a tribunal, the''; and
(D) by adding at the end the following:
``(4) Prospective application of law.--After a tribunal
determines which is the controlling order and issues an order
consolidating arrears, if any, a tribunal shall apply the law
of the State of the tribunal that issued the controlling order
(including the law of the State relating to interest on
arrears)--
``(A) for support paid after the date of the order
consolidating arrears; and
``(B) relating to consolidated arrears.''; and
(12) by adding at the end the following:
``(j) Registration for Modification.--
``(1) In general.--A tribunal may modify a child support
order issued in another State which has been registered in the
State of the tribunal if, after notice and hearing, the
tribunal finds--
``(A) that--
``(i) no individual contestant or child
resides in the State of the tribunal issuing
the child support order;
``(ii) the individual contestant seeking to
modify, or to modify and enforce, a child
support order issued in another State does not
reside in the State in which the registering
tribunal is located; and
``(iii) the tribunal of the State in which
the child support order has been registered has
personal jurisdiction of the parties not
seeking to modify, or modify and enforce, the
child support order;
``(B) that the State in which the child support
order has been registered--
``(i)(I) is the residence of the child; or
``(II) has personal jurisdiction of an
individual contestant; and
``(ii) each individual contestant has filed
a consent in a record with the issuing tribunal
for a tribunal in the registering State to
modify the support order and assume continuing,
exclusive jurisdiction; or
``(C) that all of the individual contestants reside
in the State in which the registering tribunal is
located and the child does not reside in the issuing
State.
``(2) Limitations.--A tribunal may not modify any term of a
child support order that may not be modified under the law of
the issuing State, including the duration of the obligation of
support. If 2 or more tribunals have issued child support
orders for the same obligor and same child, the law of the
State of the tribunal issuing the controlling order, as
determined under subsection (g), establishes the terms of the
child support order which are not modifiable.
``(3) Proceeding to modify.--In a proceeding to modify a
child support order, the law of the State of the tribunal that
issued the initial controlling order, as determined under
subsection (g), governs the duration of the obligation of
support. The obligor's fulfillment of the duty of support
established by that controlling order precludes a tribunal of
another State from imposing a further obligation of child
support on the obligor.
``(4) Parties residing outside the united states.--
Notwithstanding paragraph (1), a tribunal in the issuing State
retains jurisdiction to modify an order issued in that State
if--
``(A) 1 party resides in another State; and
``(B) the other party resides outside of the United
States.''.
SEC. 102. RELIEF FROM PASSPORT SANCTIONS FOR CERTAIN INDIVIDUALS.
Section 452(k) of the Social Security Act (42 U.S.C. 652(k)) is
amended--
(1) in paragraph (2), by striking ``The Secretary of
State'' and inserting ``Subject to paragraph (3), the Secretary
of State'';
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following new
paragraph:
``(3)(A) Notwithstanding paragraph (2), the Secretary of State may
issue a passport to an individual with respect to whom the Secretary
has transmitted certification under paragraph (1) if--
``(i) the individual submits an application for relief to
the Secretary of State, in such form and manner as the
Secretary of State shall require; and
``(ii) the Secretary of State certifies that the
application includes evidence that the individual--
``(I) has an annual income of less than $100,000;
``(II) is not incurring any new child support
obligations, but only owes arrearages;
``(III) does not owe arrearages of child support
for a child who is less than 18 years old;
``(IV) has been making child support payments
consistently and in good faith for each of the most
recently preceding 12 months; and
``(V) has a current offer to work outside of the
United States, an offer to interview for work outside
of the United States, a professional history of working
outside of the United States, a job that requires
travel outside of the United States, or is enrolled in
a professional training program that requires travel
outside of the United States.
``(B) The Secretary of State shall revoke a passport issued to an
individual under subparagraph (A) upon a determination that the
individual has failed to make child support payments consistently and
in good faith for more than 6 months.
``(C) The Secretary of State shall report the issuance of a
passport under this paragraph to the Secretary.
``(D) The Secretary shall report the issuance of a passport under
this paragraph to the State agency that certified in accordance with
section 454(31) that the individual to whom the passport is issued owed
child support arrearages in an amount exceeding $2,500.''.
SEC. 103. CHILD SUPPORT ENFORCEMENT PROGRAMS FOR INDIAN TRIBES.
(a) Tribal Access to the Federal Parent Locator Service.--Section
453(c)(1) of the Social Security Act (42 U.S.C. 653(c)(1)) is amended
by inserting ``or Indian tribe or tribal organization (as defined in
subsections (e) and (l) of section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b)),'' after ``any State''.
(b) Waiver Authority for Indian Tribes or Tribal Organizations
Operating Child Support Enforcement Programs.--Section 1115(b) of the
Social Security Act (42 U.S.C. 1315(b)) is amended--
(1) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively, and realigning the
left margin of subparagraph (C) so as to align with
subparagraphs (A) and (B) (as so redesignated);
(2) by inserting ``(1)'' after ``(b)''; and
(3) by adding at the end the following:
``(2) An Indian tribe or tribal organization operating a program
under section 455(f) shall be considered a State for purposes of
authority to conduct an experimental, pilot, or demonstration project
under subsection (a) to assist in promoting the objectives of part D of
title IV and receiving payments under the second sentence of that
subsection. The Secretary may waive compliance with any requirements of
section 455(f) or regulations promulgated under that section to the
extent and for the period the Secretary finds necessary for an Indian
tribe or tribal organization to carry out such project. Costs of the
project which would not otherwise be included as expenditures of a
program operating under section 455(f) and which are not included as
part of the costs of projects under section 1110, shall, to the extent
and for the period prescribed by the Secretary, be regarded as
expenditures under a tribal plan or plans approved under such section,
or for the administration of such tribal plan or plans, as may be
appropriate. An Indian tribe or tribal organization applying for or
receiving start-up program development funding pursuant to section
309.16 of title 45, Code of Federal Regulations, shall not be
considered to be an Indian tribe or tribal organization operating a
program under section 455(f) for purposes of this paragraph.''.
SEC. 104. PARENTING TIME ARRANGEMENTS.
(a) State Plan Amendments.--Section 454 of the Social Security Act
(42 U.S.C. 654), as amended by section 101(c), is further amended--
(1) in paragraph (4)(A), in the matter preceding clause
(i), by inserting ``, establishment of voluntary parenting time
arrangements,'' after ``establishment of paternity'';
(2) in paragraph (9)--
(A) in subparagraph (D), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (E), by inserting ``and'' after
the semicolon; and
(C) by adding at the end the following:
``(F) in establishing a voluntary parenting time
arrangement at the time that a support order (as defined in
section 453(p)) is initially issued under this part pursuant to
the requirements, standards, and procedures described in
paragraph (35);'';
(3) in paragraph (13), by inserting ``establishing
voluntary parenting time arrangements,'' after ``obtaining
support orders,'';
(4) in paragraph (15)--
(A) in subparagraph (A), by striking ``and'' after
the semicolon;
(B) in subparagraph (B), by inserting ``and'' after
the semicolon; and
(C) by adding at the end the following:
``(C) a process for including in the annual reviews and
reports required under subparagraph (A) information, in such
form and manner as the Secretary shall require, regarding the
policies and practices implemented by the State or which the
State plans to implement to facilitate access to and visitation
of children by noncustodial parents;'';
(5) in paragraph (26)(A), by inserting ``to establish
voluntary parenting time arrangements,'' after ``to establish
paternity,'';
(6) in paragraph (33), by striking ``and'' after the
semicolon;
(7) in paragraph (34), by striking the period at the end
and inserting ``; and''; and
(8) by inserting after paragraph (34) the following:
``(35) provide that the State shall implement procedures for the
establishment of a voluntary parenting time arrangement at the time
that a support order (as defined in section 453(p)) is initially issued
under this part for parents who are not subject to a divorce or
dissolution decree and for whom the voluntary parenting time
arrangement is not contested, in accordance with such requirements and
standards as the Secretary determines necessary and that include
exceptions for family or domestic violence, dating violence, sexual
assault, and stalking.''.
(b) Secretarial Guidance.--The Secretary shall issue guidance for
States for the establishment of voluntary parenting time arrangements.
The guidance shall provide that in establishing such arrangements, a
State shall establish procedures to ensure--
(1) the informed and voluntary participation of both
parents in the establishment of a voluntary parenting time
arrangement that is free from coercion and threats of
recrimination;
(2) each parent's informed consent to the terms and legal
implications of any parenting time plan established under a
voluntary parenting time arrangement; and
(3) that all voluntary parenting time arrangements comply
with State law.
SEC. 105. 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.''.
TITLE II--CHILD SUPPORT ENFORCEMENT TASK FORCE
SEC. 201. CHILD SUPPORT ENFORCEMENT TASK FORCE.
(a) Establishment.--There is established in the executive branch a
task force to be known as the Child Support Enforcement Task Force
(referred to in this section as the ``Task Force'').
(b) Membership.--
(1) Composition.--The Task Force shall be composed of 15
members consisting of--
(A) the Assistant Secretary of the Administration
for Children and Families of the Department of Health
and Human Services;
(B) 5 members appointed by the Senate, of which--
(i) 1 shall be appointed by the Majority
Leader of the Senate;
(ii) 1 shall be appointed by the Minority
Leader of the Senate;
(iii) 1 shall be appointed by the Chairman
of the Committee on Finance of the Senate;
(iv) 1 shall be appointed by the Ranking
Member of the Committee on Finance of the
Senate; and
(v) 1 shall be jointly appointed by the
Chairman and Ranking Member of the Committee on
Finance of the Senate;
(C) 5 members appointed by the House of
Representatives, of which--
(i) 1 shall be appointed by the Speaker of
the House of Representatives;
(ii) 1 shall be appointed by the Minority
Leader of the House of Representatives;
(iii) 1 shall be appointed by the Chairman
of the Committee on Ways and Means of the House
of Representatives;
(iv) 1 shall be appointed by the Ranking
Member of the Committee on Ways and Means of
the House of Representatives; and
(v) 1 shall be jointly appointed by the
Chairman and Ranking Member of the Committee on
Ways and Means of the House of Representatives;
and
(D) 4 members appointed by the President.
(2) Date.--The appointments of the members of the Task
Force shall be made not later than 6 months after the date of
enactment of this Act.
(3) Expertise.--The membership of the Task Force shall
consist of individuals who are knowledgeable on issues
regarding child support and related activities.
(4) Period of appointment; vacancies.--Members shall be
appointed for the life of the Task Force. A vacancy in the Task
Force shall be filled in the manner in which the original
appointment was made and shall not affect the powers or duties
of the Task Force.
(5) Quorum.--
(A) In general.--A majority of the Task Force shall
constitute a quorum, but a lesser number of members may
hold hearings.
(B) Report.--The Task Force may not submit the
report required under subsection (c) until all of the
members have been appointed.
(6) Meetings.--
(A) Initial meeting.--Not later than 30 days after
the Task Force has a majority, the Task Force shall
hold its first meeting.
(B) Chairperson and vice chairperson.--During the
first meeting of the Task Force, the Task Force shall
select a Chairperson and Vice Chairperson from among
the members appointed as of the date of the meeting.
(C) Other meetings.--Following the first meeting of
the Task Force, any subsequent meetings shall be at the
call of the Chairperson or Vice Chairperson.
(D) Public meetings.--In addition to any other
meetings held by the Task Force, the Task Force shall
hold at least 3 meetings that are open to the public
and preceded by timely public notice in the Federal
Register of the time, place, and subject of the
meeting. At least one public meeting of the Task Force
shall focus on issues relevant to family courts or
other State or local courts with responsibility for
conducting or supervising proceedings relating to child
support enforcement, child welfare, or social services
for children and their families. At the public meetings
of the Task Force, subject to such requirements and
limitations as are determined appropriate by the
Chairperson, appearances may be made and oral and
written statements given by members of the public and
the Task Force shall engage, at a minimum, with the
following groups:
(i) Administrators of State child support
programs.
(ii) Judges who preside over family courts
or other State or local courts with
responsibility for conducting or supervising
proceedings relating to child support
enforcement, child welfare, or social services
for children and their families, and
organizations that represent such judges.
(iii) Custodial parents and organizations
that represent such parents.
(iv) Noncustodial parents and organizations
that represent such parents.
(v) Organizations that represent fiduciary
entities that are affected by child support
enforcement policies.
(7) Compensation.--Members of the Task Force--
(A) shall not receive compensation for service on
the Task Force; and
(B) shall be allowed travel expenses, including per
diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter 57
of title 5, United States Code, while away from their
homes or regular places of business in the performance
of service for the Task Force.
(c) Report to Congress.--Not later than January 1, 2016, the Task
Force shall prepare and submit a report to Congress that contains the
Task Force's findings and recommendations for improvements in child
support enforcement. The report shall include the following:
(1) An evaluation of the effectiveness of existing child
support enforcement programs and collection practices employed
by State agencies administering programs under part D of title
IV of the Social Security Act (42 U.S.C. 651 et seq.) and an
analysis of the extent to which such practices result in any
unintended consequences or performance issues associated with
such programs and practices.
(2) Recommendations for methods to enhance the
effectiveness of child support enforcement programs and
collection practices.
(3) An analysis of the feasibility of the establishment of
a centralized lien registry by each State to contain all liens
placed against real and personal property for overdue child
support that would ensure access to and sharing of registry
data among all necessary entities and individuals prior to any
sale or distribution of property or funds.
(4) A compilation of State recovery and distribution
policies.
(5) Recommendations for methods to foster engagement by
fathers in their children's lives through consideration of
parental time and visitation with children.
(6) An analysis of the role for alternative dispute
resolution in making child support determinations.
(7) Identification of best practices for--
(A) determining which services and support programs
available to custodial and noncustodial parents are
non-duplicative, evidenced-based, and produce quality
outcomes, and connecting custodial and noncustodial
parents to those services and support programs;
(B) providing employment support, job training, and
job placement for custodial and noncustodial parents;
and
(C) establishing services, supports, and child
support payment tracking for noncustodial parents,
including options for the prevention of, and
intervention on, uncollectible arrearages, such as
retroactive obligations and Medicaid birthing costs.
(8) Recommendations for methods for States to use to
collect child support payments from individuals who owe
excessive arrearages as determined under section 454(31) of the
Social Security Act (42 U.S.C. 654(31)).
(9) Recommendations for such legislative and administrative
actions as the Task Force determines appropriate for
improvement in child support enforcement.
(d) Powers of the Task Force.--
(1) Hearings.--
(A) In general.--The Task Force may hold such
hearings, sit, and act at such times and places, take
such testimony, and receive such evidence as the Task
Force considers advisable to carry out this section.
(B) Information from federal agencies.--The Task
Force may secure directly from any Federal agency such
information as the Task Force considers necessary to
carry out this section. Upon request of the
Chairperson, the head of such agency shall furnish such
information to the Task Force.
(2) Rules.--For the purposes of carrying out its duties in
preparing the report required under subsection (c), the Task
Force may adopt such rules for its organization and procedures
as it determines appropriate.
(3) Postal services.--The Task Force may use the United
States mails in the same manner and under the same conditions
as other agencies of the Federal Government.
(4) Donations and volunteers.--The Task Force may accept,
use, and dispose of donations of money and property and may
accept such volunteer services of individuals as it determines
appropriate.
(5) Personnel matters.--
(A) Staff.--The Chairperson may, without regard to
the civil service laws and regulations, appoint and
terminate an executive director and such other
additional employees as may be necessary to enable the
Task Force to perform its duties. The employment of an
executive director shall be subject to confirmation by
the Task Force.
(B) Compensation.--The Chairperson may fix the
compensation of the executive director and other
employees of the Task Force without regard to chapter
51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions
and General Schedule pay rates, except that the rate of
pay for the executive director and other personnel may
not exceed the rate payable for level V of the
Executive Schedule under section 5316 of such title.
(C) Detail of government employees.--Any Federal
Government employee may be detailed to the Task Force
without reimbursement, and such detail shall be without
interruption or loss of civil service status, benefits,
or privilege.
(D) Temporary and intermittent services.--The
Chairperson may procure temporary and intermittent
services under section 3109(b) of title 5, United
States Code, at rates for individuals which do not
exceed the daily equivalent of the annual rate of basic
pay prescribed for level V of the Executive Schedule
under section 5316 of such title.
(e) Termination.--The Task Force shall terminate 60 days after
submission of the report required under subsection (c).
(f) Funding.--
(1) In general.--From the unobligated balance of funds made
available to carry out section 414 of the Social Security Act
(42 U.S.C. 614), $2,000,000 of such funds are hereby
transferred and made available to carry out this section.
Amounts transferred and made available to carry out this
section shall remain available through fiscal year 2016 and
shall not be subject to reduction under a sequestration order
issued under the Balanced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C. 900 et seq.).
(2) Unobligated amounts.--Any amounts made available to
carry out this section that are unobligated on the date of the
termination of the Task Force under subsection (e) shall be
returned to the Treasury of the United States.
(g) Administration.--
(1) In general.--Upon the request of the Task Force, the
Secretary of Health and Human Services shall provide to the
Task Force, on a reimbursable basis, the administrative support
services necessary for the Task Force to carry out its
responsibilities under this Act. These administrative services
may include human resource management, budget, leasing,
accounting, and payroll services.
(2) Travel expenses.--The members of the Task Force shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Task Force.
TITLE III--EFFECTIVE DATES
SEC. 301. EFFECTIVE DATES.
(a) In General.--Except as provided in subsection (b), this Act and
the amendments made by this Act take effect on the date of enactment of
this Act.
(b) Exceptions.--
(1) UIFSA state law requirements; parenting time
arrangements.--
(A) In general.--Subject to subparagraph (B), the
amendments made by sections 101(f) and 104(a) take
effect on October 1, 2014.
(B) Delay.--In the case of a State plan under part
D of title IV of the Social Security Act (42 U.S.C. 651
et seq.) which the Secretary of Health and Human
Services determines requires State legislation or State
regulation in order for the plan to meet the additional
requirements imposed by the amendments made by sections
101(f) and 104(a), the State plan shall not be regarded
as failing to comply with the requirements of such
sections solely on the basis of its failure to meet
these additional requirements before 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 enactment of this Act. For
purposes of the previous sentence, in the case of a
State that has a 2-year legislative session, each year
of the session is considered to be a separate regular
session of the State legislature.
(2) Relief from passport sanctions; child support
enforcement programs for indian tribes.--The amendments made by
sections 102 and 103 shall take effect on the date that is 1
year after the date of enactment of this Act.
TITLE IV--BUDGETARY EFFECTS
SEC. 401. DETERMINATION OF 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 Senate
Read twice and referred to the Committee on Finance.
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