,,ii #aacth ,,congress #ast ,session ,s4 #ejh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #g1 #bjac ,mr4 ,menendez 7for himself and ,mr4 ,grassley7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to amend part ,d of title ,,iv of the ,social ,security ,act to improve the enforcement1 collection1 and administration of child support payments1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,strengthen and ,vitalize ,enforcement of ,child ,support 7,,save ,child ,support7 ,act4 #b4 ,amendments to ,social ,security ,act2 ,references 7a7 ,amendments to ,social ,security ,act ,except as otherwise specifically provided1 wherever in this ,act an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a section or other provision1 the amendment or repeal shall be considered to be made to that section or other provision of the ,social ,security ,act4 7b7 ,secretary ,in this ,act1 the term ,secretary means the ,secretary of ,health and ,human ,services4 #c4 ,interstate and international child support payments 7a7 ,requiring ,states ,to adopt the #bjjh amendments to the ,uniform ,interstate ,family ,support ,act 7#a7 ,in general ,section #dff7;f7 7#db ,u4,s4,c4 #fff7;f77 is amended to read as follows3 7f7 ,uniform ,interstate ,family ,support ,act ,in order to satisfy section #ded7bj77;,a71 on and after ,january #a1 #bjaf1 each ,state must have in effect the ,uniform ,interstate ,family ,support ,act1 as approved by the ,american ,bar ,association on ,february #i1 #aiic1 and as in effect on ,october #a1 #bjjh1 including any amendments officially adopted as of such date by the ,national ,conference of ,commissioners on ,uniform ,state ,laws4 4 7#b7 ,effective date ,the amendments made by this subsection shall take effect on ,january #a1 #bjaf4 7b7 ,full faith and credit for child support orders ,section #agch;,b of title #bh1 ,united ,states ,code1 is amended-- 7#a7 by striking subsection 7d7 and inserting the following3 7d7 ,continuing1 ,exclusive ,jurisdiction 7#a7 ,in general ,except as provided under paragraph 7#b71 a court of a ,state that has made a child support order consistently with this section has continuing1 exclusive jurisdiction to modify its order1 if-- 7,a7 the order is the controlling order2 and 7,b7 the ,state-- 7i7 is the child's ,state or the residence of any individual contestant2 or 7ii7 the contestants consent in a record or open court that the court may continue to exercise jurisdiction to modify its order4 7#b7 ,exception ,a court may not exercise its continuing1 exclusive jurisdiction to modify the order if the court of another ,state1 acting in accordance with subsections 7e7 and 7f71 has made a modification of the order4 2 7#b7 in subsection 7e71 by striking paragraph 7#b7 and inserting the following3 7#b7 7,a7 the court of the other ,state no longer has continuing1 exclusive jurisdiction of the child support order because that ,state no longer is the child's ,state or the residence of any individual contestant and the parties have not consented in a record or open court that the court of the other ,state may continue to exercise jurisdiction to modify its order2 or 7,b7 each individual contestant has filed written consent with the ,state of continuing1 exclusive jurisdiction for a court of another ,state with jurisdiction over at least #a of the individual contestants or that is located in the child's ,state to modify the order and assume continuing1 exclusive jurisdiction over the order4 2 and 7#c7 in subsection 7i71 by inserting 1 unless the parties have consented in a record or open court that the court of the issuing ,state may continue to exercise jurisdiction to modify its order before the period4 7c7 ,ensuring access to child support services for international child support cases 7#a7 ,secretary's authority to ensure compliance with multilateral child support convention 7,a7 ,in general ,section #deb 7#db ,u4,s4,c4 #feb7 is amended-- 7i7 by redesignating the second subsection 7l7 7as added by section #gcjf of ,public ,law #aji-aga7 as subsection 7m72 and 7ii7 by adding at the end the following3 7n7 ,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 party1 the ,secretary shall utilize ,federal and1 as appropriate1 ,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 obligations4 4 7,b7 ,conforming amendment ,section #dec7k77#c7 7#db ,u4,s4,c4 #fec7k77#c77 is amended by striking #deb7l7 and inserting #deb7m74 7#b7 ,access to the ,federal ,parent ,locator ,service ,section #dec7;c7 7#db ,u4,s4,c4 #fec7;c77 is amended-- 7,a7 in paragraph 7#c71 by striking and at the end2 7,b7 in paragraph 7#d71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#e7 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 #dei;,a7c77#b74 4 7#c7 ,state option to require individuals in foreign countries to apply through their country's appropriate central authority ,section #ded 7#db ,u4,s4,c4 #fed7 is amended-- 7,a7 in paragraph 7#d77;,a77ii71 by inserting 7except that1 if the individual applying for such services resides in a foreign reciprocating country or foreign treaty country1 the ,state may opt to require such individual to request such services through the ,central ,authority for child support enforcement in the foreign reciprocating country or the foreign treaty country1 and if the individual resides in a foreign country that is not a foreign reciprocating country or a foreign treaty country1 a ,state may accept the application7 after the child2 and 7,b7 in paragraph 7#cb7-- 7i7 in subparagraph 7,a71 by inserting 1 a foreign treaty country1 after foreign reciprocating country2 and 7ii7 in subparagraph 7,c71 by striking or foreign obligee and inserting 1 a foreign treaty country1 or foreign individual after foreign reciprocating country4 7#d7 ,amendments to international support enforcement provisions ,section #dei;,a 7#db ,u4,s4,c4 #fei;a7 is amended-- 7,a7 in subsection 7c7-- 7i7 in the matter preceding paragraph 7#a71 by striking foreign countries that are the subject of a declaration under this section and inserting foreign reciprocating countries or foreign treaty countries2 and 7ii7 in paragraph 7#b71 by inserting and foreign treaty countries after foreign reciprocating countries2 7,b7 in subsection 7d71 by striking the subject of a declaration pursuant to subsection 7a7 and inserting foreign reciprocating countries or foreign treaty countries2 and 7,c7 by adding at the end the following3 7e7 ,references ,in this part3 7#a7 ,foreign reciprocating country ,the term foreign reciprocating country means a foreign country 7or political subdivision thereof7 with respect to which the ,secretary has made a declaration pursuant to subsection 7a74 7#b7 ,foreign treaty country ,the term foreign treaty country means a foreign country for which the #bjjg ,family ,maintenance ,convention is in force4 7#c7 #bjjg ,family ,maintenance ,convention ,the term #bjjg ,family ,maintenance ,convention means the ,hague ,convention of #bc ,november #bjjg on the ,international ,recovery of ,child ,support and ,other ,forms of ,family ,maintenance4 4 7#e7 ,collection of overdue support from ,federal tax refunds ,section #dfd7;a77#b77;,a7 7#db ,u4,s4,c4 #ffd7;a77#b77;,a77 is amended by striking under section #ded7d77;,a77ii7 and inserting under paragraph 7#d77;,a77ii7 or 7#cb7 of section #ded4 #d4 ,centralized and accessible lien registry 7a7 ,in general ,section #dff7;a77#d7 7#db ,u4,s4,c4 #fff7;a77#d77 is amended to read as follows3 7#d7 ,liens ,procedures under which-- 7,a7 liens arise by operation of law against real and personal property for amounts of overdue support owed by a noncustodial parent who resides or owns property in the ,state2 7,b7 all liens described in subparagraph 7,a7 are reported to a centralized lien registry that is maintained in accordance with section #d7;b7 of the ,strengthen and ,vitalize ,enforcement of ,child ,support 7,,save ,child ,support7 ,act2 7,c7 the ,state accords full faith and credit to liens described in subparagraph 7,a7 arising in another ,state1 when the ,state agency1 party1 or other entity seeking to enforce such a lien registers the lien with the ,registry and does not require judicial notice or a hearing prior to the enforcement of such liens2 and 7,d7 the ,state ensures that any real or personal property with a lien described in subparagraphs 7,a7 or 7,c7 that has been reported to the centralized lien registry cannot be transferred1 sold1 or otherwise disposed of1 any insurance claim described in section #d7;b77#a77;,c7 of the ,strengthen and ,vitalize ,enforcement of ,child ,support 7,,save ,child ,support7 ,act cannot be paid1 any estate cannot be settled1 and any lump sum pension payment cannot be made until a search of the registry has been made in accordance with section #d7;b7 of such ,act4 4 7b7 ,centralized lien registry 7#a7 ,in general ,for purposes of section #dff7;a77#d7 of the ,social ,security ,act1 the ,state shall establish and maintain a centralized lien registry 7referred to in this subsection as a ,registry71 or otherwise ensure that it has access to a ,registry1 that satisfies the requirements of this subsection and is accessible by the following individuals and entities1 all of whom are required to share information with the ,registry 7subject to such requirements as the ,secretary determines appropriate7 and search the ,registry prior to making any sale or distribution of property or funds3 7,a7 ,any individual against whom a lien against real or personal property for overdue support is placed4 7,b7 ,any individual or entity transferring real property or registered personal property4 7,c7 ,any insurer1 as defined in section #dff7;a77#bj77;,b77i7 of such ,act1 paying an insurance claim consisting of a non-recurring payment of #b1jjj or more4 7,d7 ,any ,state or entity making a payment related to unemployment compensation benefits1 workers' compensation1 or proceeds from a ,state lottery4 7,e7 ,any ,state or entity issuing driver's licenses1 professional and occupational licenses4 7,f7 ,any individual or entity making a lump sum pension payment4 7,g7 ,the executor of any estate4 7,h7 ,any other individual or entity specified by the ,state or the ,secretary4 7#b7 ,operational date ,the ,secretary shall work in coordination with ,states and other appropriate stakeholders to ensure that1 not later than ,january #a1 #bjae1 each ,state has established or has access to a ,registry4 7#c7 ,registry access ,the ,secretary may designate additional entities1 including ,federal1 ,state1 and local officials1 that may search and share information with the ,registry1 subject to such conditions and requirements as the ,secretary determines appropriate4 7#d7 ,accessing the information contained in the registry 7,a7 ,in general ,the ,registry shall allow individuals and entities described in paragraph 7#a7 to search the ,registry through a data match process using an individual's name1 ,social ,security number1 taxpayer identification number1 or other accurate and verifiable personal identification number4 7,b7 ,data match ,if a search of the ,registry results in a match that a lien against real or personal property for overdue support exists with respect to a debtor1 the following information1 at a minimum1 shall be made available to the individual or entity initiating the search3 7i7 ,the amount of the lien4 7ii7 ,the contact information for the ,state agency responsible for administering the ,state plan under part ,d of title ,,iv of the ,social ,security ,act4 7iii7 ,the process for paying the underlying debt up to the amount of the lien4 7iv7 ,the process for discharging the lien4 7,c7 ,no data match ,if a search of the ,registry results in no match1 the ,registry shall permit the individual or entity initiating the search to print a certificate or letter stating that1 as of the time and date of the search1 there was no outstanding lien against real or personal property for overdue support reported in the ,registry with respect to the individual that was the subject of the search4 7#e7 ,discharge of liens ,the ,state shall have procedures under which-- 7,a7 if a search of the ,registry reveals a lien against real or personal property for overdue support1 any proceeds from the sale1 transfer or distribution shall be applied to satisfy the lien before the lien may be discharged2 and 7,b7 upon satisfaction of such a lien1 the lien is expeditiously discharged and recorded as such in the ,registry in a timely manner4 7#f7 ,notice and challenge of data in the registry ,the ,state shall have procedures for providing adequate notice to an individual with respect to whom a lien against real or personal property for overdue support is included in the ,registry and for allowing an individual to challenge the existence of1 or amount of1 any such lien reported to the ,registry4 7c7 ,financial institutions ,section #dff7;a77#ag77;,a7 7#db ,u4,s4,c4 #fff7;a77#ag77;,a77 is amended-- 7#a7 in clause 7i71 by striking and at the end2 7#b7 by redesignating clause 7ii7 as clause 7iii72 and 7#c7 by inserting after clause 7i7 the following new clause3 7ii7 to ensure that any information provided by such financial institutions for purposes of the data match system is matched against the records in the centralized lien registry described in paragraph 7#d72 and 4 #e4 ,requiring ,states to compare information maintained by insurers ,subsection 7m7 of section #deb 7#db ,u4,s4,c4 #feb71 as redesignated by section #c7;c77#a77;,a77i7 of this ,act1 is amended in paragraph 7#a71 in the matter preceding subparagraph 7,a71 by striking may and inserting shall4 #f4 ,data matching and registry of payments made on property and casualty insurance claims 7a7 ,in general ,section #dff7;a7 7#db ,u4,s4,c4 #fff7;a77 is amended by inserting after paragraph 7#ai7 the following new paragraph3 7#bj7 ,registry of payments made on property and casualty insurance claims 7,a7 ,data matching 7i7 ,in general ,procedures under which-- 7,i7 the ,state-- 7aa7 subject to subclause 7ii71 enters into an agreement with or has entered an existing consortium of ,states and insurers for the purpose of matching overdue child support cases with a registry of payments made on property and casualty insurance claims2 7bb7 participates in a program established by the ,secretary for such purpose2 or 7cc7 if1 on ,october #a1 #bjac1 the ,state has not entered into an agreement described in item 7aa7 or does not participate in a program described in item 7bb71 the ,state1 not later than ,january #a1 #bjae1 enters into an agreement with insurers doing business in the ,state to register such payments with a registry established and maintained by the ,state for only such purpose2 and 7,,ii7 not later than ,january #a1 #bjaf1 at least #ij percent of the payments made on property and casualty claims within the ,state are matched against the ,state case registry and any overdue child support orders or liens recorded in the registry maintained by the ,state pursuant to section #d of the ,strengthen and ,vitalize ,enforcement of ,child ,support ,act4 7ii7 ,existing consortiums ,a ,state shall be deemed to have satisfied the requirements of clause 7i77,i77aa7 if1 prior to the date of enactment of the ,strengthen and ,vitalize ,enforcement of ,child ,support 7,,save ,child ,support7 ,act1 the ,state entered into an agreement that established a consortium described in such clause4 7,b7 ,definitions ,for purposes of this paragraph-- 7i7 ,insurer ,the term insurer means any public or private entity that is the primary provider of property or casualty insurance1 including any self-insured employer or government agency4 7ii7 ,payments made on property and casualty insurance claims ,the term payments made on property and casualty insurance claims means any payment greater than #b1jjj that is paid by an insurer on a property or casualty claim under a liability insurance policy or the liability coverage portion of a multi-peril policy1 excluding any payment to a health care provider for any injuries related to such claim4 4 7b7 ,conforming amendments ,section #ded;,a7f7 7#db ,u4,s4,c4 #fed;a7f77 is amended by adding at the end the following3 7#f7 ,registry of payments made on property and casualty insurance claims ,exchanging information with a registry of payments made on property and casualty insurance claims that satisfies the requirements of section #dff7;a77#bj7 for the purposes specified in that section4 4 #g4 ,strengthened passport denial procedures 7a7 ,in general ,section #ded7ca7 7#db ,u4,s4,c4 #fed7ca77 is amended-- 7#a7 in subparagraph 7,a71 by striking and after the semicolon2 7#b7 in subparagraph 7,b71 by inserting and after the semicolon2 and 7#c7 by adding at the end the following new subparagraph3 7,c7 in the case of an individual with respect to whom such a certification has been furnished1 the ,state agency does not notify the ,secretary that the certification is rescinded and any action taken by the ,secretary under section #deb7k77#b7 on the basis of such certification may not be revoked or reversed1 before all arrearages of child support owed by the individual are paid in full1 or the individual owing such arrearages agrees to pay all such arrearages in full according to a payment plan approved by the ,state agency2 4 7b7 ,hardship exception ,for purposes of any action taken against an individual under section #deb7k7 of the ,social ,security ,act 7#db ,u4,s4,c4 #feb7k771 the ,secretary may employ procedures available under title ,,iv of such ,act1 or develop additional procedures1 to ensure that such action does not result in undue harm to the ability of such individual to maintain their employment or livelihood4 #h4 ,expedited process to withhold or suspend licenses for nonpayment ,section #dff7;a77#af7 7#db ,u4,s4,c4 #fff7;a77#af77 is amended-- 7#a7 by striking ,procedures under which and inserting the following3 7,a7 ,in general ,procedures under which 2 and 7#b7 by adding at the end the following3 7,b7 ,data matches with state licensing authorities ,procedures under which-- 7i7 the ,state agency1 in coordination with any ,state agencies that issue licenses or permits described in subparagraph 7,a71 develops and operates a system1 using automated data exchanges to the maximum extent feasible1 in which-- 7,i7 each ,state agency that issues licenses or permits described in subparagraph 7,a7 is required to check with the ,state agency and search the centralized lien registry described in paragraph 7#d7 before issuing the permit or license to ensure that the individual applying for a license or permit is not a noncustodial parent who owes overdue child support or who has failed1 after receiving appropriate notice1 to comply with a subpoena or warrant relating to paternity or child support proceedings1 as identified by the ,state agency2 and 7,,ii7 each ,state agency that issues licenses or permits described in subparagraph 7,a7 is required to check with the ,state agency and search the centralized lien registry described in paragraph 7#d7 at least once each calendar quarter for the name of each noncustodial parent who holds a license or permit from the issuing agency and who owes overdue child support or who has failed1 after receiving appropriate notice1 to comply with a subpoena or warrant relating to paternity or child support proceedings2 and 7ii7 any ,state license or permit described in subparagraph 7,a7 that is issued to an individual who has been determined to owe overdue support or who has failed1 after receiving appropriate notice1 to comply with a subpoena or warrant relating to paternity or child support proceedings is revoked1 withheld1 or suspended until the ,state agency certifies that the individual no longer owes overdue child support or has entered into a payment plan under ,state law to satisfy the child support debt1 or has complied with the subpoena or warrant4 7,c7 ,hardship ,exception ,procedures under which the ,state agency provides an individual described in subparagraph 7,a7 with an opportunity to demonstrate1 prior to any withholding1 suspension1 restriction on the use of1 or revocation of a permit or license becoming effective1 that such action would result in undue harm to the ability of such individual to maintain their employment or livelihood4 7,d7 ,liability ,the head of any ,state agency that issues licenses or permits shall not be liable to any individual for any action taken in good faith with respect to a license or permit that is required under this paragraph4 4 #i4 ,coordination with corrections agencies and the ,united ,states ,marshals ,service 7a7 ,in general ,section #dff7;c77#a7 7#db ,u4,s4,c4 #fff7;c77#a77 is amended by inserting after subparagraph 7,h7 the following3 7,i7 ,coordination with corrections agencies 7i7 ,in general ,for the purpose of increasing coordination between the ,state agency and corrections agencies1 to develop and operate1 in coordination with corrections agencies within the ,state1 a data match system1 using automated data exchanges to the extent feasible1 for the names of any incoming or incarcerated individuals in corrections facilities who have child support orders4 7ii7 ,ensuring compliance from incarcerated noncustodial parents ,the ,state agency shall work with corrections facilities to establish programs to educate and assist incarcerated noncustodial parents to manage and fulfill their child support obligations4 7iii7 ,ensuring cooperation with ,state parole boards ,the ,state agency shall ensure that information contained in the centralized lien registry described in subsection 7a77#d7 is provided to the ,state parole board4 7iv7 ,corrections facilities defined ,for purposes of this section1 the term corrections facility means any prison1 jail1 or other secure facility managed and operated1 directly or under contract1 by any municipality1 county1 ,state or the ,federal ,government in which offenders are incarcerated4 ,such term includes a halfway house4 4 7b7 ,united ,states ,marshals ,service 7#a7 ,in general ,the ,attorney ,general may use the resources of the ,federal law enforcement agencies of the ,department of ,justice1 including the ,united ,states ,marshals ,service1 to locate and apprehend persons who violate any ,state law or local ordinance regarding enforcement of child support orders4 7#b7 ,funding ,there are authorized to be appropriated such sums as may be necessary to carry out this subsection4 #aj4 ,preventing deceptive and harassing practices of private child support collection agencies ,section #hjc of the ,consumer ,credit ,protection ,act 7#ae ,u4,s4,c4 #afib;a7 is amended-- 7#a7 in paragraph 7#e7-- 7,a7 by inserting either after arising2 and 7,b7 by inserting 1 or arising from a child support order after reduced to judgment2 and 7#b7 in paragraph 7#f7-- 7,a7 in subparagraph 7,e71 by striking and after the semicolon2 7,b7 in subparagraph 7,f71 by striking the period at the end and inserting 2 and2 and 7,c7 by inserting at the end the following new subparagraph3 7,g7 any private collection agency or firm that is licensed by a ,state to collect support obligations under the ,state plan for child and spousal support under section #ded of the ,social ,security ,act4 4 #aa4 ,noncustodial parents' access to and visitation of their children ,section #ded7ae7 7#db ,u4,s4,c4 #fed7ae77 is amended-- 7#a7 in subparagraph 7,a71 by striking and after the semicolon2 7#b7 in subparagraph 7,b71 by adding and after the semicolon2 and 7#c7 by adding at the end the following3 7,c7 a process for including in the annual reviews and reports required under subparagraph 7,a7 information1 in such form and manner as the ,secretary shall require1 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 parents2 4 #ab4 ,report on ,federal prosecution for failure to pay child support obligations ,not later than ,january #a1 #bjae1 and annually thereafter1 the ,attorney ,general shall prepare and submit a report to ,congress that provides information regarding the number of individuals prosecuted for violating section #bbh of title #ah1 ,united ,states ,code4 #ac4 ,child support fees ,section #ded7f77;,b7 7#db ,u4,s4,c4 #fed7f77;,b77 is amended-- 7#a7 in clause 7i71 by striking paid by the individual applying for such services1 or recovered from the absent parent1 or and inserting recovered from the absent parent or2 and 7#b7 in clause 7ii71 by striking paid by the individual applying for the services14 #ad4 ,effective date 7a7 ,in general ,except as otherwise provided in this ,act1 and subject to subsection 7b71 the amendments made by this ,act take effect on ,january #a1 #bjae4 7b7 ,delay ,permitted if ,state ,legislation ,required ,in the case of a ,state plan approved under section #ded of the ,social ,security ,act which requires ,state legislation 7other than legislation appropriating funds7 in order for the plan to meet the additional requirements imposed by the amendments made by this ,act1 the ,state plan shall not be regarded as failing to comply with the additional requirements solely on the basis of the failure of the plan to meet the 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 ,act4 ,for purposes of the previous sentence1 in the case of a ,state that has a #b-year legislative session1 each year of such session shall be deemed to be a separate regular session of the ,state legislature4