[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3824 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 3824

 To simplify and improve the rules governing the distribution of child 
   support collected by States pursuant to part D of title IV of the 
              Social Security Act, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 2, 2000

  Mr. Cardin (for himself, Mr. Jefferson, Mr. Stark, and Mr. Matsui) 
 introduced the following bill; which was referred to the Committee on 
                             Ways and Means

_______________________________________________________________________

                                 A BILL


 
 To simplify and improve the rules governing the distribution of child 
   support collected by States pursuant to part D of title IV of the 
              Social Security Act, 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 ``Child Support for Children Act''.

SEC. 2. MANDATORY PASS THROUGH TO FAMILIES OF CURRENT CHILD SUPPORT 
              PAYMENTS.

    (a) In General.--Section 457(a) of the Social Security Act (42 
U.S.C. 657(a)) is amended by striking paragraphs (1) and (2) and 
inserting the following:
            ``(1) Current support payments.--To the extent that the 
        amount so collected does not exceed the amount required to be 
        paid to the family for the month in which collected, the State 
        shall distribute the amount so collected to the family.''.
    (b) Amounts Passed Through Counted Towards TANF Maintenance of 
Effort Requirement Regardless of Whether Disregarded Under TANF 
Program.--Section 409(a)(7)(B)(i)(I)(aa) of such Act (42 U.S.C. 
609(a)(7)(B)(i)(I)(aa)) is amended by striking ``457(a)(1)'' and all 
that follows and inserting ``457(a).''.

SEC. 3. SHARING OF COST OF DISREGARDING CHILD SUPPORT RECEIVED BY TANF 
              RECIPIENTS IN DETERMINING TANF ELIGIBILITY.

    (a) State Plan Requirement.--Section 454(11) of the Social Security 
Act (42 U.S.C. 654(11)) is amended--
            (1) by striking ``and'' at the end of subparagraph (A);
            (2) by adding ``and'' at the end of subparagraph (B); and
            (3) by adding at the end the following:
                    ``(C) provide that the State shall make payments 
                pursuant to section 457(g) with respect to amounts 
                collected as support;''.
    (b) Payment Rules.--Section 457 of such Act (42 U.S.C. 655) is 
amended by adding at the end the following:
    ``(g) Cost-Sharing.--With respect to any amount collected as 
support by a State pursuant to a plan approved under this part, on 
behalf of a family that is receiving assistance (as defined in 
subsection (c)(1)) from the State, the State shall pay to the Federal 
Government a sum equal to the Federal share (as defined in subsection 
(c)(2)) of that portion of the amount that is not disregarded in 
determining the eligibility of the family for assistance under a State 
program funded under part A and in determining the amount of such 
assistance.''.

SEC. 4. MAINTENANCE OF EFFORT.

    Section 454 of the Social Security Act (42 U.S.C. 654) is amended--
            (1) by striking ``and'' at the end of paragraph (32);
            (2) by striking the period at the end of paragraph (33) and 
        inserting ``; and''; and
            (3) by inserting after paragraph (33) the following:
            ``(34) provide that the total amount expended by the State 
        under this part for each fiscal year shall be not less than the 
        total amount expended by the State under this part for the 
        fiscal year among fiscal years 1997 through 1999 for which such 
        total amount is the greatest.''.

SEC. 5. PROTECTIONS TO ENSURE THAT FAMILIES RECEIVE TANF BENEFITS WHEN 
              CHILD SUPPORT PAYMENTS ARE DELAYED.

    Section 402(a) of the Social Security Act (42 U.S.C. 608(a)) is 
amended by adding at the end the following:
            ``(8) Certification of protections to ensure timely tanf 
        payments when child support payments are delayed.--A 
        certification by the chief executive officer of the State that 
        the State will implement procedures to ensure that assistance 
        provided to the family under the State program funded under 
        this part is not adversely affected by delayed child support 
        payments.''.

SEC. 6. SIMPLIFICATION OF RULES GOVERNING DISTRIBUTION OF CHILD SUPPORT 
              PAYMENTS THAT ARE IN ARREARS.

    (a) In General.--Section 457(a) of the Social Security Act (42 
U.S.C. 657(a)), as amended by section 2 of this Act, is amended by 
inserting after paragraph (1) the following:
            ``(2) Arrearages.--To the extent the amount so collected 
        exceeds the amount required to be paid to the family for the 
        month in which collected, the State shall distribute the amount 
        so collected as follows:
                    ``(A) Arrearages that accrued while the family was 
                not receiving assistance.--To the extent the amount so 
                collected is attributable to a support arrearage that 
                accrued for a period while the family was not receiving 
                assistance from the State, the State shall distribute 
                the amount to the family.
                    ``(B) Arrearages that accrued while the family was 
                receiving assistance.--To the extent the amount so 
                collected is attributable to a support arrearage that 
                accrued for a period while the family was receiving 
                assistance from the State, the State--
                            ``(i) may distribute the entire amount to 
                        the family; or
                            ``(ii) if not distributing the entire 
                        amount to the family, and not disregarding the 
                        entire amount in determining the eligibility of 
                        the family for assistance under the State 
                        program funded under part A and in determining 
                        the amount of such assistance--
                                    ``(I) shall pay to the Federal 
                                Government the Federal share of the 
                                amount, and may retain the State share 
                                of the amount, but only to the extent 
                                necessary to reimburse amounts paid to 
                                the family as assistance by the State; 
                                and
                                    ``(II) shall distribute any 
                                remainder to the family.
                    ``(C) Order of payments.--In the case of amounts 
                collected on behalf of a family not receiving 
                assistance from the State, the State shall distribute 
                all amounts owed to the family before distributing any 
                amount owed to the Federal Government or retaining any 
                amount.''.
    (b) Conforming Amendments.--
            (1) Assignment rules under tanf.--Section 408(a)(3) of such 
        Act (42 U.S.C. 608(a)(3)) is amended--
                    (A) in subparagraph (A), by striking ``so provided 
                to the family'' and all that follows and inserting 
                ``paid to the family under the program, which accrue 
                (or have accrued) while the family receives assistance 
                under the program.''; and
                    (B) in subparagraph (B), by inserting ``(or have 
                accrued) before the family receives assistance under 
                the program or'' after ``accrue''.
            (2) Elimination of obsolete provisions.--Section 457 of 
        such Act (42 U.S.C. 657) is amended--
                    (A) in subsection (a), by striking paragraphs (3) 
                and (6) and redesignating paragraphs (4) and (5) as 
                paragraphs (3) and (4), repsectively; and
                    (B) by striking subsection (b).
    (c) Effective Date.--The amendments made by this section shall 
apply to amounts collected pursuant to assignments made on or after the 
date of the enactment of this section, and, at the option of the State, 
may apply to amounts collected pursuant to assignments made before such 
date of enactment.

SEC. 7. BAN ON USE OF CHILD SUPPORT ENFORCEMENT PROGRAM TO COLLECT 
              MEDICAID EXPENSES FROM NONCUSTODIAL PARENTS.

    Section 454 of the Social Security Act (42 U.S.C. 654), as amended 
by section 4 of this Act, is amended--
            (1) by striking ``and'' at the end of paragraph (33);
            (2) by striking the period at the end of paragraph (34) and 
        inserting ``; and''; and
            (3) by inserting after paragraph (34) the following:
            ``(35) provide that the State shall not use the State 
        program operated under this part in any way to collect any 
        amount that is or may be owed to the State by a noncustodial 
        parent by reason of costs incurred to provide pre-natal, 
        birthing, or post-natal services under the State plan approved 
        under title XIX, subject to section 466(a)(19).''.

SEC. 8. EFFECTIVE DATE.

    (a) In General.--Except as provided in section 6(c) of this Act and 
subsection (b) of this section, the amendments made by this Act shall 
take effect on October 1, 2000, and shall apply to payments under parts 
A and D of title IV of the Social Security Act for calendar quarters 
beginning on or after such date, and without regard to whether 
regulations to implement such amendments (in the case of State programs 
operated under such part D) are promulgated by such date.
    (b) Delay Permitted if State Legislation Required.--In the case of 
a State plan approved under section 454 of the Social Security Act 
which requires State legislation (other than legislation appropriating 
funds) in order for the plan to meet the additional requirements 
imposed by the amendments made by this Act, the State plan shall not be 
regarded as failing to comply with the requirements of such section 
solely on the basis of the failure of the plan to meet such additional 
requirements before the 1st day of the 1st calendar quarter beginning 
after the close of the 1st regular session of the State legislature 
that begins after the date of the 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 such session shall be deemed to be a 
separate regular session of the State legislature.
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