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II
113th CONGRESS
1st Session
S. 1763
IN THE SENATE OF THE UNITED STATES
November 21, 2013Mr. Rockefeller introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions
A BILL
To increase the effectiveness of child support enforcement and for other purposes.
1.
Short title
This Act may be cited as the
Child Support Enforcement Effectiveness Act of 2013.
2.
Commission on
Child Support
(a)
Establishment
There
is hereby established a Commission to be known as the Commission on Child
Support (referred to in this section as the Commission).
(b)
Membership
(1)
Appointment
The
Commission shall be composed of 15 members, to be appointed not later than
30 days after the date of enactment of
this Act, as follows:
(A) The majority and
minority leaders of the Senate, in consultation with the chairman and ranking
member of the Committee on Finance of the Senate, shall jointly appoint 4
members.
(B) The Speaker and
the minority leader of the House, in consultation with the chairman and ranking
member of the Committee on Ways and Means of the House of Representatives,
shall jointly appoint 4 members.
(C) The Secretary of
Health and Human Services shall appoint 7 members.
(2)
Qualifications
The
membership of the Commission shall consist of individuals who are knowledgeable
on issues regarding child support and related activities and shall include, among others, individuals representing the interests of parents, including noncustodial parents.
(3)
Period of
appointment; quorum
The provisions under paragraphs (2) and (3)
of section 126 of the Family Support Act of 1988 (42 U.S.C. 666 note) providing
for appointment of members and quorum for transaction of business shall apply
to the Commission to the same extent and in the same manner as those provisions
applied to the Commission on Interstate Child Support.
(4)
Meetings
(A)
Initial
meeting
Following appointment of all of the members of the
Commission, the first meeting of the Commission shall be held on the first date
for which all members are available (as is determined by the Secretary of
Health and Human Services).
(B)
Chairman
During
the first meeting of the Commission, the Commission shall elect a chairman from
among its members.
(C)
Other
meetings
Following the first meeting of the Commission, any
subsequent meetings shall be at the call of the chairman or by a majority vote
of the membership.
(D)
Open to the
public
All meetings of the Commission shall be open to the public
and any interested persons shall be permitted to appear at open meetings and
present oral or written statements on the subject matter of the meeting,
subject to such requirements and limitations as are determined appropriate by
the chairman. All meetings of the Commission shall be preceded by timely public
notice in the Federal Register of the time, place, and subject of the
meeting.
(5)
Compensation
Members
of the Commission are not entitled to receive compensation for service on the
Commission. Members may be reimbursed for travel expenses, including per diem
in lieu of subsistence, as authorized by section 5703 of title 5, United States
Code.
(c)
Duties
(1)
Review of child
support enforcement programs
The Commission shall
conduct 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.), including a review of any unintended consequences or
performance issues associated with such programs and practices.
(2)
National
Conferences
During fiscal years
2014 and 2015, the Commission shall hold 1 or more national
conferences on child support reform for purposes of preparing the report
described in paragraph (3).
(3)
Report to
Congress
Not later than October 1, 2015, the Commission shall
prepare and submit a report to Congress that contains recommendations for such
legislative and administrative actions as the Commission
determines appropriate for improvement in child support enforcement, including
the following:
(A) Methods to
enhance the effectiveness of child support enforcement programs and collection
practices, as determined pursuant to the Commission's review of such programs
and practices under paragraph (1).
(B) Implementation of
distribution policies that ensure children are the beneficiaries of child
support paid by noncustodial parents.
(C) Fostering
engagement by noncustodial parents in their children's lives by consideration of parental
time and visitation with children in determining child support, and the role
for alternative dispute resolution in making such determination.
(D) Development of
best practices for purposes of connecting custodial parents to services and
support programs, including services for parents who are victims of domestic
violence.
(E) Development of
best practices for purposes of employment support, job training, and job
placement for custodial and noncustodial parents.
(F) Establishment of
services, supports, and child support payment tracking for noncustodial
parents, including options for prevention and intervention on uncollectible
arrearages such as retroactive obligations and Medicaid birthing costs.
(G) Development of options for States to collect child support payments from individuals who owe arrearages in excess of $2,500.
(d)
Powers
The
provisions under section 126(e) of the Family Support Act of 1988 providing for
use of mails, donations, procurement and contracting authority, and
establishment of rules shall apply to the Commission to the same extent and in
the same manner as those provisions applied to the Commission on Interstate
Child Support.
(e)
Termination
The
Commission shall terminate 60 days after
submission of the report described in subsection (c)(3).
(f)
Funding
(1)
Authorization of appropriations
For purposes of carrying out this section,
there is authorized to be appropriated $2,000,000 for the
period of fiscal years 2014 through 2015.
(2)
Unobligated amounts
Any amounts made available under this section that are unobligated on the date of the termination of the Commission under subsection (e) shall be returned to the Treasury of the United States.
3.
Reinstatement
of Federal matching of State spending of child support incentive
payments
Effective
as if enacted on October 1, 2013, section 455(a)(1) of the
Social Security Act (42 U.S.C. 655(a)(1)) is amended by striking from
amounts paid to the State under section 458 or.