[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 926 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 926

 To improve the interstate enforcement of child support and parentage 
                 court orders, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                June 15 (legislative day, June 5), 1995

   Mr. Bryan introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
 To improve the interstate enforcement of child support and parentage 
                 court orders, and for other purposes.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Interstate Child Support Act of 
1995''.

                   TITLE I--CHILD SUPPORT ENFORCEMENT

SEC. 101. HOLD ON OCCUPATIONAL, PROFESSIONAL, AND BUSINESS LICENSES.

    (a) State Hold Based on Warrant or Support Delinquency.--Section 
466(a) of the Social Security Act (42 U.S.C. 666(a)) is amended by 
inserting after paragraph (11) the following:
            ``(12)(A) Procedures under which the State occupational 
        licensing and regulating departments and agencies may not issue 
        or renew any occupational, professional, or business license 
        of--
                    ``(i) a noncustodial parent who is the subject of 
                an outstanding failure to appear warrant, capias, or 
                bench warrant related to a child support proceeding 
                that appears on the State's crime information system, 
                until removed from the system; and
                    ``(ii) an individual who is delinquent in the 
                payment of child support, until the obligee or a State 
                prosecutor responsible for child support enforcement 
                consents to, or a court that is responsible for the 
                order's enforcement orders, the release of the hold on 
                the license, or an expedited inquiry and review is 
                completed while the individual is granted a 60-day 
                temporary license.
            ``(B) Subparagraph (A) shall not apply to an individual who 
        makes an adequate showing to the State that the failure to 
        issue or renew an occupational, professional, or business 
        license will result in undue hardship.''.
    (b) Federal Hold Based on Support Delinquency.--A Federal agency 
may not issue or renew any occupational, professional, or business 
license of an individual who is delinquent in the payment of child 
support, until the obligee, the obligee's attorney, or a State 
prosecutor responsible for child support enforcement consents to, or a 
court that is responsible for the order's enforcement orders, the 
release of the hold on the license, or an expedited inquiry and review 
is completed while the individual is granted a 60-day temporary 
license. The preceding sentence shall not apply to an individual who 
makes an adequate showing to the Federal agency that the failure to 
issue or renew an occupational, professional, or business license will 
result in undue hardship.

SEC. 102. DENIAL OF FEDERAL BENEFITS, LOANS, GUARANTEES, AND EMPLOYMENT 
              TO CERTAIN PERSONS WITH LARGE CHILD SUPPORT ARREARAGES.

    (a) Benefits, Loans, and Guarantees.--Notwithstanding any other 
provision of law, each agency or instrumentality of the Federal 
Government may not, under any program that the agency or 
instrumentality supervises or administers, provide a benefit to, make a 
loan to, or provide any guarantee for the benefit of, any individual--
            (1) whose child support arrearages, determined under a 
        court order or an order of an administrative process 
        established under State law, exceed $1,000; and
            (2) who is not in compliance with a plan or an agreement to 
        repay the arrearages.
The preceding sentence shall not apply to an individual who makes an 
adequate showing to such agency or instrumentality that the failure to 
provide a benefit, loan, or guarantee will result in undue hardship.
    (b) Employment.--
            (1) In general.--Notwithstanding any other provision of 
        law, an individual shall be considered ineligible to accept 
        employment in a position in the Federal Government if--
                    (A) such individual has child support arrearages, 
                determined under a court order or an order of an 
                administrative process established under State law, 
                exceeding $1,000; and
                    (B) such individual is not in compliance with a 
                plan or agreement to repay the arrearages.
        The preceding sentence shall not apply to an individual who 
        makes an adequate showing to the Federal Government that 
        ineligibility to accept employment will result in undue 
        hardship.
            (2) Regulations.--Regulations to carry out paragraph (1) 
        shall--
                    (A) with respect to positions in the executive 
                branch, be prescribed by the President (or the 
                President's designee);
                    (B) with respect to positions in the legislative 
                branch, be prescribed jointly by the President pro 
                tempore of the Senate and the Speaker of the House of 
                Representatives (or their designees); and
                    (C) with respect to positions in the judicial 
                branch, be prescribed by the Chief Justice of the 
                United States (or the Chief Justice's designee).
            (3) Child support defined.--For purposes of this 
        subsection, the term ``child support'' has the meaning given 
        such term in section 462(b) of the Social Security Act (42 
        U.S.C. 662(b)).

SEC. 103. DENIAL OF PASSPORTS TO NONCUSTODIAL PARENTS SUBJECT TO STATE 
              ARREST WARRANTS IN CASES OF NONPAYMENT OF CHILD SUPPORT.

    The Secretary of State is authorized to refuse a passport or 
revoke, restrict, or limit a passport in any case in which the 
Secretary of State determines or is informed by competent authority 
that the applicant or passport holder is a noncustodial parent who is 
the subject of an outstanding State warrant of arrest for nonpayment of 
child support, if the amount in controversy is not less than $10,000.

SEC. 104. FAIR CREDIT REPORTING ACT AMENDMENT.

    Section 604 of the Consumer Credit Protection Act (15 U.S.C. 1681b) 
is amended by adding at the end the following:
    ``(4) To a State agency administering a State plan under section 
454 of the Social Security Act, for use to establish or modify a child 
support award.''.

SEC. 105. NATIONAL REPORTING OF NEW HIRES AND CHILD SUPPORT 
              INFORMATION.

    (a) In General.--The Secretary of the Treasury, in consultation 
with the Secretary of Labor, shall establish a system of reporting of 
new employees by requiring employers to provide a copy of every new 
employee's W-4 form to the child support enforcement agency of the 
State in which the employment is located.
    (b) Expanded Use of Form.--The Secretary of the Treasury shall 
modify the W-4 form completed by the new employee to include--
            (1) whether a child support obligation is owed by the new 
        employee, and if so, to whom such obligation is payable and the 
        amount of such obligation,
            (2) whether payment of such obligation is to be by income 
        withholding, and
            (3) whether the new employee has health care insurance 
        available.

SEC. 106. COOPERATION REQUIRED WITH RESPECT TO PATERNITY ESTABLISHMENT 
              AND CHILD SUPPORT ENFORCEMENT FOR ELIGIBILITY FOR FAMILY 
              ASSISTANCE.

    Subject to the provisions of titles IV and XIX of the Social 
Security Act and notwithstanding any other provision of law, no Federal 
funds may be used to provide assistance to, or on behalf of, a child in 
a family that includes an individual whom the agency responsible for 
administering such assistance determines is not cooperating in 
establishing the paternity of such child, or in establishing, 
modifying, or enforcing a support order with respect to such child, 
without good cause as determined by such agency in accordance with 
standards prescribed by such agency which shall take into consideration 
the best interests of the child.

SEC. 107. AUTHORITY TO COLLECT SUPPORT FROM FEDERAL EMPLOYEES.

    (a) Consolidation and Streamlining of Authorities.--
            (1) Section 459 of the Social Security Act (42 U.S.C. 659) 
        is amended in the caption by inserting ``income withholding,'' 
        before ``garnishment''.
            (2) Section 459(a) of such Act (42 U.S.C. 659(a)) is 
        amended--
                    (A) by striking ``(a)'' and inserting ``(a) Consent 
                To Support Enforcement.--
                    (B) by striking ``section 207'' and inserting 
                ``section 207 of this Act and 38 U.S.C. 5301''; and
                    (C) by striking all that follows ``a private 
                person,'' and inserting ``to withholding in accordance 
                with State law pursuant to subsections (a)(1) and (b) 
                of section 466 and regulations of the Secretary 
                thereunder, and to any other legal process brought, by 
                a State agency administering a program under this part 
                or by an individual obligee, to enforce the legal 
                obligation of such individual to provide child support 
                or alimony.''.
            (3) Section 459(b) of such Act (42 U.S.C. 659(b)) is 
        amended to read as follows:
    ``(b) Consent to Requirements Applicable to Private Person.-- 
Except as otherwise provided herein, each entity specified in 
subsection (a) shall be subject, with respect to notice to withhold 
income pursuant to subsection (a)(1) or (b) of section 466, or to any 
other order or process to enforce support obligations against an 
individual (if such order or process contains or is accompanied by 
sufficient data to permit prompt identification of the individual and 
the moneys involved), to the same requirements as would apply if such 
entity were a private person.''.
            (4) Section 459(c) of such Act (42 U.S.C. 659(c)) is 
        redesignated and relocated as paragraph (2) of subsection (f), 
        and is amended--
                    (A) by striking ``responding to interrogatories 
                pursuant to requirements imposed by section 461(b)(3)'' 
                and inserting ``taking actions necessary to comply with 
                the requirements of subsection (A) with regard to any 
                individual''; and
                    (B) by striking ``any of his duties'' and all that 
                follows and inserting ``such duties.''.
            (5) Section 461 of such Act (42 U.S.C. 661) is amended by 
        striking subsection (b), and section 459 of such Act (42 U.S.C. 
        659) is amended by inserting after subsection (b) (as added by 
        paragraph (3) of this subsection) the following:
    ``(c) Designation of Agent; Response to Notice or Process.--(1) The 
head of each agency subject to the requirements of this section shall--
            ``(A) designate an agent or agents to receive orders and 
        accept service of process; and
            ``(B) publish (i) in the appendix of such regulations, (ii) 
        in each subsequent republication of such regulations, and (iii) 
        annually in the Federal Register, the designation of such agent 
        or agents, identified by title of position, mailing address, 
        and telephone number.''.
            (6) Section 459 of such Act (42 U.S.C. 659) is amended by 
        striking subsection (d) and by inserting after subsection 
        (c)(1) (as added by paragraph (5) of this subsection) the 
        following:
    ``(2) Whenever an agent designated pursuant to paragraph (1) 
receives notice pursuant to subsection (a)(1) or (b) of section 466, or 
is effectively served with any order, process, or interrogatories, with 
respect to an individual's child support or alimony payment 
obligations, such agent shall--
            ``(A) as soon as possible (but not later than fifteen days) 
        thereafter, send written notice of such notice or service 
        (together with a copy thereof) to such
         individual at his duty station or last-known home address;
            ``(B) within 30 days (or such longer period as may be 
        prescribed by applicable State law) after receipt of a notice 
        pursuant to subsection (a)(1) or (b) of section 466, comply 
        with all applicable provisions of such section 466; and
            ``(C) within 30 days (or such longer period as may be 
        prescribed by applicable State law) after effective service of 
        any other such order, process, or interrogatories, respond 
        thereto.''.
            (7) Section 461 of such Act (42 U.S.C. 661) is amended by 
        striking subsection (c), and section 459 of such Act (42 U.S.C. 
        659) is amended by inserting after subsection (c) (as added by 
        paragraph (5) and amended by paragraph (6) of this subsection) 
        the following:
    ``(d) Priority of Claims.--In the event that a governmental entity 
receives notice or is served with process, as provided in this section, 
concerning amounts owed by an individual to more than one person--
            ``(1) support collection under section 466(b) must be given 
        priority over any other process, as provided in section 
        466(b)(7);
            ``(2) allocation of moneys due or payable to an individual 
        among claimants under section 466(b) shall be governed by the 
        provisions of such section 466(b) and regulations thereunder; 
        and
            ``(3) such moneys as remain after compliance with 
        subparagraphs (A) and (B) shall be available to satisfy any 
        other such processes on a first-come, first-served basis, with 
        any such process being satisfied out of such moneys as remain 
        after the satisfaction of all such processes which have been 
        previously served.''.
            (8) Section 459(e) of such Act (42 U.S.C. 659(e)) is 
        amended by striking ``(e)'' and inserting the following:
    ``(e) No Requirement To Vary Pay Cycles.--''.
            (9) Section 459(f) of such Act (42 U.S.C. 659(f)) is 
        amended by striking ``(f)'' and inserting the following:
    ``(f) Relief From Liability.--(1)''.
            (10) Section 461(a) of such Act (42 U.S.C. 661(a)) is 
        redesignated and relocated as section 459(g), and is amended--
                    (A) by striking ``(g)'' and inserting the 
                following:
    ``(g) Regulations.--''; and
                    (B) by striking ``section 459'' and inserting 
                ``this section''.
            (11) Section 462 of such Act (42 U.S.C. 662) is amended by 
        striking subsection (f), and section 459 of such Act (42 U.S.C. 
        659) is amended by inserting the following after subsection (g) 
        (as added by paragraph (10) of this subsection):
    ``(h) Moneys Subject to Process.--(1) Subject to subsection (i), 
moneys paid or payable to an individual which are considered to be 
based upon remuneration for employment, for purposes of this section--
            ``(A) consist of--
                    ``(i) compensation paid or payable for personal 
                services of such individual, whether such compensation 
                is denominated as wages, salary, commission, bonus, 
                pay, allowances, or otherwise (including severance pay, 
                sick pay, and incentive pay);
                    ``(ii) periodic benefits (including a periodic 
                benefit as defined in section 228(h)(3)) or other 
                payments--
                            ``(I) under the insurance system 
                        established by title II;
                            ``(II) under any other system or fund 
                        established by the United States which provides 
                        for the payment of pensions, retirement or 
                        retired pay, annuities, dependents' or 
                        survivors' benefits, or similar amounts payable 
                        on account of personal services performed by 
                        the individual or any other individual;
                            ``(III) as compensation for death under any 
                        Federal program;
                            ``(IV) under any Federal program 
                        established to provide `black lung' benefits; 
                        or
                            ``(V) by the Secretary of Veterans Affairs 
                        as pension, or as compensation for a service-
                        connected disability or death (except any 
                        compensation paid by such Secretary to a former 
                        member of the Armed Forces who is in receipt of 
                        retired or retainer pay if such former member 
                        has waived a portion of his retired pay in 
                        order to receive such compensation); and
                    ``(iii) worker's compensation benefits paid under 
                Federal or State law; but
            ``(B) do not include any payment--
                    ``(i) by way of reimbursement or otherwise, to 
                defray expenses incurred by such individual in carrying 
                out duties associated with his employment; or
                    ``(ii) as allowances for members of the uniformed 
                services payable pursuant to chapter 7 of title 37, 
                United States Code, as prescribed by the Secretaries 
                concerned (defined by section 101(5) of such title) as 
                necessary for the efficient performance of duty.''.
            (12) Section 462(g) of such Act (42 U.S.C. 662(g)) is 
        redesignated and relocated as section 459(i) of such Act (42 
        U.S.C. 659(i)).
            (13)(A) Section 462 of such Act (42 U.S.C. 662) is 
        amended--
                    (i) in subsection (e)(1), by redesignating 
                subparagraphs (A), (B), and (C) as clauses (i), (ii), 
                and (iii); and
                    (ii) in subsection (e), by redesignating paragraphs 
                (1) and (2) as subparagraphs (A) and (B).
            (B) Section 459 of such Act (42 U.S.C. 659) is amended by 
        adding at the end the following:
    ``(j) Definitions.--For purposes of thissection--''.
            (C) Subsections (a) through (e) of section 462 of such Act 
        (42 U.S.C. 662), as amended by subparagraph (A) of this 
        paragraph, are relocated and redesignated as paragraphs (1) 
        through (4), respectively of section 459(j) (as added by 
        subparagraph (B) of this paragraph, (42 U.S.C. 659(j)), and the 
        left margin of each of such paragraphs (1) through (4) is 
        indented 2 ems to the right of the left margin of subsection 
        (i) (as added by paragraph (12) of this subsection).
    (b) Conforming Amendments.--
            (1) To part d of title iv.--Sections 461 and 462 of such 
        Act (42 U.S.C. 661), as amended by subsection (a) of this 
        section, are repealed.
            (2) To title 5, united states code.--Section 5520a of title 
        5, United States Code, is amended, in subsections (h)(2) and 
        (i), by striking ``sections 459, 461, and 462 of the Social 
        Security Act (42 U.S.C. 659, 661, and 662)'' and inserting 
        ``section 459 of the Social Security Act (42 U.S.C. 659)''.
    (c) Military Retired and Retainer Pay.--
            (1) Definition of court.--Section 1408(a)(1) of title 10, 
        United States Code, is amended--
                    (A) by striking ``and'' at the end of subparagraph 
                (B);
                    (B) by striking the period at the end of 
                subparagraph (C) and inserting ``; and''; and
                    (C) by adding after subparagraph (C) the following 
                new paragraph:
                    ``(D) any administrative or judicial tribunal of a 
                State competent to enter orders for support or 
                maintenance (including a State agency administering a 
                State program under part D of title IV of the Social 
                Security Act).''.
            (2) Definition of court order.--Section 1408(a)(2) of such 
        title is amended by inserting ``or a court order for the 
        payment of child support not included in or accompanied by such 
        a decree or settlement,'' before ``which--''.
            (3) Public Payee.--Section 1408(d) of such title is 
        amended--
                    (A) in the heading, by striking ``to spouse'' and 
                inserting ``to (or for benefit of)''; and
                    (B) in paragraph (1), in the first sentence, by 
                inserting ``(or for the benefit of such spouse or 
                former spouse to a State central collections unit or 
                other public payee designated by a State, in accordance 
                with part D of title IV of the Social Security Act, as 
                directed by court order, or as otherwise directed in 
                accordance with such part D)'' before ``in an amount 
                sufficient''.
            (4) Relationship to part d of title iv.--Section 1408 of 
        such title is amended by adding at the end the following new 
        subsection:
    ``(j) Relationship to Other Laws.--In any case involving a child 
support order against a member who has never been married to the other 
parent of the child, the provisions of this section shall not apply, 
and the case shall be subject to the provisions of section 459 of the 
Social Security Act.''.
    (d) Effective Date.--The amendments made by this section shall 
become effective 6 months after the date of the enactment of this Act.

SEC. 108. ENFORCEMENT OF CHILD SUPPORT OBLIGATIONS OF MEMBERS OF THE 
              ARMED FORCES.

    (a) Availability of Locator Information.--
            (1) Maintenance of address information.--The Secretary of 
        Defense shall establish a centralized personnel locator service 
        that includes the address of each member of the Armed Forces 
        under the jurisdiction of the Secretary. Upon request of the 
        Secretary of Transportation, addresses for members of the Coast 
        Guard shall be included in the centralized personnel locator 
        service.
            (2) Type of address.--
                    (A) Residential address.--Except as provided in 
                subparagraph (B), the address for a member of the Armed 
                Forces shown in the locator service shall be the 
                residential address of that member.
                    (B) Duty address.--The address for a member of the 
                Armed Forces shown in the locator service shall be the 
                duty address of that member in the case of a member--
                            (i) who is permanently assigned overseas, 
                        to a vessel, or to a routinely deployable unit; 
                        or
                            (ii) with respect to whom the Secretary 
                        concerned makes a determination that the 
                        member's residential address should not be 
                        disclosed due to national security or safety 
                        concerns.
            (3) Updating of locator information.--Within 30 days after 
        a member listed in the locator service establishes a new 
        residential address (or a new duty address, in the case of a 
        member covered by paragraph (2)(B)), the Secretary concerned 
        shall update the locator service to indicate the new address of 
        the member.
            (4) Availability of information.--The Secretary of Defense 
        shall make information regarding the address of a member of the 
        Armed Forces listed in the locator service available, on 
        request, to the Federal Parent Locator Service.
    (b) Facilitating Granting of Leave for Attendance at Hearings.--
            (1) Regulations.--The Secretary of each military 
        department, and the Secretary of Transportation with respect to 
        the Coast Guard when it is not operating as a service in the 
        Navy, shall prescribe regulations to facilitate the granting of 
        leave to a member of the Armed Forces under the jurisdiction of 
        that Secretary in a case in which--
                    (A) the leave is needed for the member to attend a 
                hearing described in paragraph (2);
                    (B) the member is not serving in or with a unit 
                deployed in a contingency operation (as defined in 
                section 101 of title 10, United States Code); and
                    (C) the exigencies of military service (as 
                determined by the Secretary concerned) do not otherwise 
                require that such leave not be granted.
            (2) Covered hearings.--Paragraph (1) applies to a hearing 
        that is conducted by a court or pursuant to an administrative 
        process established under State law, in connection with a civil 
        action--
                    (A) to determine whether a member of the Armed 
                Forces is a natural parent of a child; or
                    (B) to determine an obligation of a member of the 
                Armed Forces to provide child support.
            (3) Definitions.--For purposes of this subsection:
                    (A) The term ``court'' has the meaning given that 
                term in section 1408(a) of title 10, United States 
                Code.
                    (B) The term ``child support'' has the meaning 
                given such term in section 462 of the Social Security 
                Act (42 U.S.C. 662).
    (c) Payment of Military Retired Pay in Compliance With Child 
Support Orders.--
            (1) Date of certification of court order.--Section 1408 of 
        title 10, United States Code, is amended--
                    (A) by redesignating subsection (i) as subsection 
                (j); and
                    (B) by inserting after subsection (h) the following 
                new subsection (i):
    ``(i) Certification Date.--It is not necessary that the date of a 
certification of the authenticity or completeness of a copy of a court 
order or an order of an administrative process established under State 
law for child support received by the Secretary concerned for the 
purposes of this section be recent in relation to the date of receipt 
by the Secretary.''.
            (2) Payments consistent with assignments of rights to 
        states.--Section 1408(d)(1) of such title is amended by 
        inserting after the first sentence the following: ``In the case 
        of a spouse or former spouse who, pursuant to section 
        402(a)(26) of the Social Security Act (42 U.S.C. 602(26)), 
        assigns to a State the rights of the spouse or former spouse to 
        receive support, the Secretary concerned may make the child 
        support payments referred to in the preceding sentence to that 
        State in amounts consistent with that assignment of rights.''.
            (3) Arrearages owed by members of the uniformed services.--
        Section 1408(d) of such title is amended by adding at the end 
        the following new paragraph:
    ``(6) In the case of a court order or an order of an administrative 
process established under State law for which effective service is made 
on the Secretary concerned on or after the date of the enactment of 
this paragraph and which provides for payments from the disposable 
retired pay of a member to satisy the amount of child
 support set forth in the order, the authority provided in paragraph 
(1) to make payments from the disposable retired pay of a member to 
satisy the amount of child support set forth in a court order or an 
order of an administrative process established under State law shall 
apply to payment of any amount of child support arrearages set forth in 
that order as well as to amounts of child support that currently become 
due.''.
             TITLE II--INTERSTATE CHILD SUPPORT ENFORCEMENT

SEC. 201. INTERSTATE RECOGNITION OF CHILD SUPPORT AND PARENTAGE ORDERS.

    (a) In General.--Chapter 115 of title 28, United States Code, is 
amended by inserting after section 1738A the following:
``Sec. 1738B. Full faith and credit to child support and parentage 
              orders
    ``(a) As used in this section:
            ``(1) The term `child' means any individual who has not 
        attained the age of 18 years, and any individual who has 
        attained the age of 18 years for whom a child support order has 
        been issued pursuant to the laws of a State.
            ``(2) The term `child support' includes periodic and lump-
        sum payments for current and past due economic support, 
        payments of premiums for health insurance for children, 
        payments for, or provision of, child care, and payments for 
        educational expenses.
            ``(3) The term `child support order' means a judgment, 
        decree, or order of a court requiring the payment of money, 
        whether in periodic amounts or lump sum, for the support of a 
        child, and includes permanent and temporary orders, initial 
        orders and modifications, ongoing support, and arrearages.
            ``(4) The term `child's State' means, with respect to a 
        child, the State in which the child resides with a parent or an 
        individual acting as a parent.
            ``(5) The term `contestant' means an individual, including 
        a parent, who claims a right to receive child support or is 
        under an order to pay child support, and includes States and 
        political subdivisions to which support rights have been 
        assigned.
            ``(6) The term `court' means a court, administrative 
        process, or quasijudicial process of a State that is authorized 
        to--
                    ``(A) adjudicate parentage;
                    ``(B) establish the amount of support payable by a 
                contestant; or
                    ``(C) modify the amount of support payable by a 
                contestant.
            ``(7) The term `home State' means, with respect to a child, 
        the State in which, immediately preceding the time involved, 
        the child lived with his or her parents, a parent, or an 
        individual acting as parent, for at least 6 consecutive months 
        (including any periods of temporary absence), and if the child 
        has not attained the age of 6 months, the State in which the 
        child lived from birth with any of such individuals.
            ``(8) The term `individual acting as a parent' means an 
        individual, other than a parent, who has physical custody of a 
        child and who has either been awarded custody by a court or 
        claims a right to custody.
            ``(9) The terms `modification' and `modify' refer to a 
        change in a child support order or an order adjudicating 
        parentage that modifies, replaces, supersedes, or otherwise is 
        made subsequent to such prior order, whether or not made by the 
        same court that issued such prior order.
            ``(10) The term `State' means a State of the United States, 
        the District of Columbia, the Commonwealth of Puerto Rico, a 
        territory or possession of the United States, and Indian 
        country as defined in section 1151 of title 18, United States 
        Code.
    ``(b) A court of a State shall recognize and enforce according to 
its terms a child support order or an order adjudicating parentage 
against an individual over whom personal jurisdiction has been 
exercised consistent with this section, and shall not modify such an 
order except as provided in subsection (f).
    ``(c) A court of a State may exercise personal jurisdiction over a 
nonresident contestant if there is any basis consistent with the 
constitution of the State and the Constitution of the United States for 
the exercise.
    ``(d) A court of a State which has issued a child support order or 
an order adjudicating parentage consistent with this section shall have 
continuing, exclusive jurisdiction of the order for so long as the 
State remains the child's State or the residence of any contestant, 
unless another State, acting in accordance with subsection (f), has 
modified the order.
    ``(e) Before a court of a State makes a child support order or 
adjudicates parentage, reasonable notice and opportunity to be heard 
shall be given to the contestants.
    ``(f) A court of a State may modify a child support order or an 
order adjudicating parentage issued by a court of another State if--
            ``(1) each contestant has filed written consent for the 
        court of the State to modify the order and assume continuing, 
        exclusive jurisdiction of the order; and
            ``(2) the court of the State otherwise has jurisdiction to 
        issue such an order.
    ``(g) A court of a State which no longer has continuing, exclusive 
jurisdiction of a child support order or an order adjudicating 
parentage may enforce the order with respect to unsatisfied obligations 
which accrued before the date the order is modified in accordance with 
subsection (f).
    ``(h) A court of a State shall not exercise jurisdiction in any 
proceeding for a child support order or an adjudication of parentage 
commenced during the pendency of a proceeding in a court of another 
State when the court of the other State is exercising jurisdiction 
consistent with this section unless--
            ``(1) the proceeding was filed in the State before the 
        expiration of time allowed in the other State for filing a 
        responsive pleading challenging the exercise of jurisdiction by 
        the other State;
            ``(2) the contesting party timely challenges the exercise 
        of jurisdiction by the other State; and
            ``(3) if applicable, the court is in the home State of the 
        child.
    ``(i)(1) Except as provided in paragraphs (2) and (3), the forum 
State's law shall apply in a proceeding to establish, modify, or 
enforce a child support order or an order adjudicating parentage.
    ``(2) A court of a State shall apply the law of the State that 
issued a child support order or an order adjudicating parentage in 
interpreting such an order.
    ``(3) In an action to enforce a child support order or an order 
adjudicating parentage, the statute of limitations under the laws of 
the forum State or the issuing State, whichever is longer, shall 
apply.''.
    (b) Clerical Amendment.--The chapter analysis for such chapter is 
amended by inserting after the item relating to section 1738A the 
following:

``1738B. Full faith and credit to child support and parentage 
                            orders.''.
                        TITLE III--HIDING ASSETS

SEC. 301. FRAUDULENT TRANSFER PURSUIT.

    Section 466(a) of the Social Security Act (42 U.S.C. 666(a)), as 
amended by section 101, is amended by inserting after paragraph (12) 
the following:
            ``(13) Procedures requiring that, in any case related to 
        child support, any transfer of property by an individual who 
        owes a child support arrearage shall be presumed to be made 
        with the intent to avoid payment of the arrearage, and may be 
        rebutted by evidence to the contrary.
            ``(14) Procedures that allow the State to void fraudulent 
        conveyances of property that are made in an attempt to avoid 
        child support obligations.''.

                        TITLE IV--EFFECTIVE DATE

SEC. 401. EFFECTIVE DATE.

    (a) In General.--Except as provided in section 107 and subsection 
(b), the provisions of, and the amendments made by, this Act shall be 
effective with respect to calendar quarters beginning on or after 
October 1, 1995.
    (b) Special Rule.--In the case of a State that the Secretary of 
Health and Human Services determines requires State legislation (other 
than legislation appropriating funds) in order to meet the additional 
requirements imposed by the amendments made by this Act, the State 
shall not be regarded as failing to comply with the requirements of 
such amendments 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 this subsection, in the case of a State that has a 2-year 
legislative session, each year of the session shall be treated as a 
separate regular session of the State legislature.
                                 <all>
S 926 IS----2
S 926 IS----3