[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3848 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3848

 To amend part D of title IV of the Social Security Act to improve the 
enforcement, collection, and administration of child support payments, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 28, 2010

 Mr. Menendez (for himself and Mr. Grassley) introduced the following 
  bill; 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 
enforcement, collection, and administration of child support payments, 
                        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 ``Strengthen and Vitalize Enforcement 
of Child Support (SAVE Child Support) Act''.

SEC. 2. AMENDMENTS TO SOCIAL SECURITY ACT; REFERENCES.

    (a) Amendments to Social Security Act.--Except as otherwise 
specifically provided, wherever in this Act an amendment or repeal is 
expressed in terms of an amendment to, or repeal of, a section or other 
provision, the amendment or repeal shall be considered to be made to 
that section or other provision of the Social Security Act.
    (b) Secretary.--In this Act, the term ``Secretary'' means the 
Secretary of Health and Human Services.

SEC. 3. INTERSTATE AND INTERNATIONAL CHILD SUPPORT PAYMENTS.

    (a) Requiring States To Adopt the 2008 Amendments to the Uniform 
Interstate Family Support Act.--
            (1) In general.--Section 466(f) (42 U.S.C. 666(f)) is 
        amended to read as follows:
    ``(f) Uniform Interstate Family Support Act.--In order to satisfy 
section 454(20)(A), on and after January 1, 2013, each State must have 
in effect the Uniform Interstate Family Support Act, as approved by the 
American Bar Association on February 9, 1993, and as in effect on 
October 1, 2008, including any amendments officially adopted as of such 
date by the National Conference of Commissioners on Uniform State 
Laws.''.
            (2) Effective date.--The amendments made by this subsection 
        shall take effect on January 1, 2013.
    (b) Full Faith and Credit for Child Support Orders.--
            (1) In general.--Section 1738B of title 28, United States 
        Code, is amended--
                    (A) by striking subsection (d) and inserting the 
                following:
    ``(d) Continuing, Exclusive Jurisdiction.--
            ``(1) In general.--Except as provided under paragraph (2), 
        a court of a State that has made a child support order 
        consistently with this section has continuing, exclusive 
        jurisdiction to modify its order, if--
                    ``(A) the order is the controlling order; and
                    ``(B) the State--
                            ``(i) is the child's State or the residence 
                        of any individual contestant; or
                            ``(ii) the contestants consent in a record 
                        or open court that the court may continue to 
                        exercise jurisdiction to modify its order.
            ``(2) Exception.--A court may not exercise its continuing, 
        exclusive jurisdiction to modify the order if the court of 
        another State, acting in accordance with subsections (e) and 
        (f), has made a modification of the order.'';
                    (B) in subsection (e), by striking paragraph (2) 
                and inserting the following:
            ``(2)(A) the court of the other State no longer has 
        continuing, 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 
        order; or
            ``(B) each individual contestant has filed written consent 
        with the State of continuing, exclusive jurisdiction for a 
        court of another State with jurisdiction over at least 1 of the 
        individual contestants or that is located in the child's State 
        to modify the order and assume continuing, exclusive 
        jurisdiction over the order.''; and
                    (C) in subsection (i), by inserting ``, 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 period.
    (c) Ensuring Access to Child Support Services for International 
Child Support Cases.--
            (1) Secretary's authority to ensure compliance with 
        multilateral child support convention.--
                    (A) In general.--Section 452 (42 U.S.C. 652) is 
                amended--
                            (i) by redesignating the second subsection 
                        (l) (as added by section 7306 of Public Law 
                        109-171) as subsection (m); and
                            (ii) 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.''.
                    (B) Conforming amendment.--Section 453(k)(3) (42 
                U.S.C. 653(k)(3)) is amended by striking ``452(l)'' and 
                inserting ``452(m)''.
            (2) Access to the federal parent locator service.--Section 
        453(c) (42 U.S.C. 653(c)) is amended--
                    (A) in paragraph (3), by striking ``and'' at the 
                end;
                    (B) in paragraph (4), by striking the period at the 
                end and inserting ``; and''; and
                    (C) 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).''.
            (3) State option to require individuals in foreign 
        countries to apply through their country's appropriate central 
        authority.--Section 454 (42 U.S.C. 654) is amended--
                    (A) in paragraph (4)(A)(ii), by inserting ``(except 
                that, if the individual applying for such services 
                resides in a foreign reciprocating country or foreign 
                treaty country, 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 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 the application)'' 
                after ``the child''; and
                    (B) in paragraph (32)--
                            (i) in subparagraph (A), by inserting ``, a 
                        foreign treaty country,'' after ``foreign 
                        reciprocating country''; and
                            (ii) in subparagraph (C), by striking ``or 
                        foreign obligee'' and inserting ``, a foreign 
                        treaty country, or foreign individual'' after 
                        ``foreign reciprocating country''.
            (4) Amendments to international support enforcement 
        provisions.--Section 459A (42 U.S.C. 659a) is amended--
                    (A) in subsection (c)--
                            (i) 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
                            (ii) in paragraph (2), by inserting ``and 
                        foreign treaty countries'' after ``foreign 
                        reciprocating countries'';
                    (B) in subsection (d), by striking ``the subject of 
                a declaration pursuant to subsection (a)'' and 
                inserting ``foreign reciprocating countries or foreign 
                treaty countries''; and
                    (C) 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.''.
            (5) Collection of overdue support from federal tax 
        refunds.--Section 464(a)(2)(A) (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''.

SEC. 4. CENTRALIZED AND ACCESSIBLE LIEN REGISTRY.

    (a) In General.--Section 466(a)(4) (42 U.S.C. 666(a)(4)) is amended 
to read as follows:
            ``(4) Liens.--Procedures under which--
                    ``(A) 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 State;
                    ``(B) all liens described in subparagraph (A) are 
                reported to a centralized lien registry that is 
                maintained in accordance with section 4(b) of the 
                Strengthen and Vitalize Enforcement of Child Support 
                (SAVE Child Support) Act;
                    ``(C) the State accords full faith and credit to 
                liens described in subparagraph (A) arising in another 
                State, when the State agency, party, 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 liens; and
                    ``(D) the State ensures that any real or personal 
                property with a lien described in subparagraphs (A) or 
                (C) that has been reported to the centralized lien 
                registry cannot be transferred, sold, or otherwise 
                disposed of, any insurance claim described in section 
                4(b)(1)(C) of the Strengthen and Vitalize Enforcement 
                of Child Support (SAVE Child Support) Act cannot be 
                paid, any estate cannot be settled, and any lump sum 
                pension payment cannot be made until a search of the 
                registry has been made in accordance with section 4(b) 
                of such Act.''.
    (b) Centralized Lien Registry.--
            (1) In general.--For purposes of section 466(a)(4) of the 
        Social Security Act, the State shall establish and maintain a 
        centralized lien registry (referred to in this subsection as a 
        ``Registry''), or otherwise ensure that it has access to a 
        Registry, that satisfies the requirements of this subsection 
        and is accessible by the following individuals and entities, 
        all of whom are required to share information with the Registry 
        (subject to such requirements as the Secretary determines 
        appropriate) and search the Registry prior to making any sale 
        or distribution of property or funds:
                    (A) Any individual against whom a lien against real 
                or personal property for overdue support is placed.
                    (B) Any individual or entity transferring real 
                property or registered personal property.
                    (C) Any insurer, as defined in section 
                466(a)(20)(B)(i) of such Act, paying an insurance claim 
                consisting of a non-recurring payment of $2000 or more.
                    (D) Any State or entity making a payment related to 
                unemployment compensation benefits, workers' 
                compensation, or proceeds from a State lottery.
                    (E) Any State or entity issuing driver's licenses, 
                professional and occupational licenses.
                    (F) Any individual or entity making a lump sum 
                pension payment.
                    (G) The executor of any estate.
                    (H) Any other individual or entity specified by the 
                State or the Secretary.
            (2) Operational date.--The Secretary shall work in 
        coordination with States and other appropriate stakeholders to 
        ensure that, not later than January 1, 2012, each State has 
        established or has access to a Registry.
            (3) Registry access.--The Secretary may designate 
        additional entities, including Federal, State, and local 
        officials, that may search and share information with the 
        Registry, subject to such conditions and requirements as the 
        Secretary determines appropriate.
            (4) Accessing the information contained in the registry.--
                    (A) In general.--The Registry shall allow 
                individuals and entities described in paragraph (1) to 
                search the Registry through a data match process using 
                an individual's name, social security number, taxpayer 
                identification number, or other accurate and verifiable 
                personal identification number.
                    (B) 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 
                debtor, the following information, at a minimum, shall 
                be made available to the individual or entity 
                initiating the search:
                            (i) The amount of the lien.
                            (ii) The contact information for the State 
                        agency responsible for administering the State 
                        plan under part D of title IV of the Social 
                        Security Act.
                            (iii) The process for paying the underlying 
                        debt up to the amount of the lien.
                            (iv) The process for discharging the lien.
                    (C) No data match.--If a search of the Registry 
                results in no match, the Registry shall permit the 
                individual or entity initiating the search to print a 
                certificate or letter stating that, as of the time and 
                date of the search, 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 search.
            (5) Discharge of liens.--The State shall have procedures 
        under which--
                    (A) if a search of the Registry reveals a lien 
                against real or personal property for overdue support, 
                any proceeds from the sale, transfer or distribution 
                shall be applied to satisfy the lien before the lien 
                may be discharged; and
                    (B) upon satisfaction of such a lien, the lien is 
                expeditiously discharged and recorded as such in the 
                Registry in a timely manner.
            (6) 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 of, or 
        amount of, any such lien reported to the Registry.
    (c) Financial Institutions.--Section 466(a)(17)(A) (42 U.S.C. 
666(a)(17)(A)) is amended--
            (1) in clause (i), by striking ``and'' at the end;
            (2) by redesignating clause (ii) as clause (iii); and
            (3) by inserting after clause (i) the following new clause:
                            ``(ii) 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 (4); and''.

SEC. 5. REQUIRING STATES TO COMPARE INFORMATION MAINTAINED BY INSURERS.

    Subsection (m) of section 452 (42 U.S.C. 652), as redesignated by 
section 3(c)(1)(A)(i) of this Act, is amended in paragraph (1), in the 
matter preceding subparagraph (A), by striking ``may'' and inserting 
``shall''.

SEC. 6. DATA MATCHING AND REGISTRY OF PAYMENTS MADE ON PROPERTY AND 
              CASUALTY INSURANCE CLAIMS.

    (a) In General.--Section 466(a) (42 U.S.C. 666(a)) is amended by 
inserting after paragraph (19) the following new paragraph:
            ``(20) Registry of payments made on property and casualty 
        insurance claims.--
                    ``(A) Data matching.--
                            ``(i) In general.--Procedures under which--
                                    ``(I) the State--
                                            ``(aa) subject to subclause 
                                        (ii), 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 claims;
                                            ``(bb) participates in a 
                                        program established by the 
                                        Secretary for such purpose; or
                                            ``(cc) if, on October 1, 
                                        2010, the State has not entered 
                                        into an agreement described in 
                                        item (aa) or does not 
                                        participate in a program 
                                        described in item (bb), the 
                                        State, not later than January 
                                        1, 2012, 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 purpose; and
                                    ``(II) not later than January 1, 
                                2013, at least 90 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 4 of the 
                                Strengthen and Vitalize Enforcement of 
                                Child Support Act.
                            ``(ii) Existing consortiums.--A State shall 
                        be deemed to have satisfied the requirements of 
                        clause (i)(I)(aa) if, prior to the date of 
                        enactment of the Strengthen and Vitalize 
                        Enforcement of Child Support (SAVE Child 
                        Support) Act, the State entered into an 
                        agreement that established a consortium 
                        described in such clause.
                    ``(B) Definitions.--For purposes of this 
                paragraph--
                            ``(i) Insurer.--The term `insurer' means 
                        any public or private entity that is the 
                        primary provider of property or casualty 
                        insurance, including any self-insured employer 
                        or government agency.
                            ``(ii) Payments made on property and 
                        casualty insurance claims.--The term `payments 
                        made on property and casualty insurance claims' 
                        means any payment greater than $2000 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 
                        policy, excluding any payment to a health care 
                        provider for any injuries related to such 
                        claim.''.
    (b) Conforming Amendments.--Section 454A(f) (42 U.S.C. 654a(f)) is 
amended by adding at the end the following:
            ``(6) 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 466(a)(20) for the 
        purposes specified in that section.''.

SEC. 7. STRENGTHENED PASSPORT DENIAL PROCEDURES.

    (a) In General.--Section 454(31) (42 U.S.C. 654(31)) is amended--
            (1) in subparagraph (A), by striking ``and'' after the 
        semicolon;
            (2) in subparagraph (B), by inserting ``and'' after the 
        semicolon; and
            (3) by adding at the end the following new subparagraph:
                    ``(C) in the case of an individual with respect to 
                whom such a certification has been furnished, the State 
                agency does not notify the Secretary that the 
                certification is rescinded and any action taken by the 
                Secretary under section 452(k)(2) on the basis of such 
                certification may not be revoked or reversed, before 
                all arrearages of child support owed by the individual 
                are paid in full, or the individual owing such 
                arrearages agrees to pay all such arrearages in full 
                according to a payment plan approved by the State 
                agency;''.
    (b) Hardship Exception.--For purposes of any action taken against 
an individual under section 452(k) of the Social Security Act (42 
U.S.C. 652(k)), the Secretary may employ procedures available under 
title IV of such Act, or develop additional procedures, to ensure that 
such action does not result in undue harm to the ability of such 
individual to maintain their employment or livelihood.

SEC. 8. EXPEDITED PROCESS TO WITHHOLD OR SUSPEND LICENSES FOR 
              NONPAYMENT.

    Section 466(a)(16) (42 U.S.C. 666(a)(16)) is amended--
            (1) by striking ``Procedures under which'' and inserting 
        the following:
                    ``(A) In general.--Procedures under which''; and
            (2) by adding at the end the following:
                    ``(B) Data matches with state licensing 
                authorities.--Procedures under which--
                            ``(i) the State agency, in coordination 
                        with any State agencies that issue licenses or 
                        permits described in subparagraph (A), develops 
                        and operates a system, using automated data 
                        exchanges to the maximum extent feasible, in 
                        which--
                                    ``(I) each State agency that issues 
                                licenses or permits described in 
                                subparagraph (A) is required to check 
                                with the State agency and search the 
                                centralized lien registry described in 
                                paragraph (4) 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 
                                failed, after receiving appropriate 
                                notice, to comply with a subpoena or 
                                warrant relating to paternity or child 
                                support proceedings, as identified by 
                                the State agency; and
                                    ``(II) each State agency that 
                                issues licenses or permits described in 
                                subparagraph (A) is required to check 
                                with the State agency and search the 
                                centralized lien registry described in 
                                paragraph (4) 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 failed, after receiving appropriate 
                                notice, to comply with a subpoena or 
                                warrant relating to paternity or child 
                                support proceedings; and
                            ``(ii) any State license or permit 
                        described in subparagraph (A) that is issued to 
                        an individual who has been determined to owe 
                        overdue support or who has failed, after 
                        receiving appropriate notice, to comply with a 
                        subpoena or warrant relating to paternity or 
                        child support proceedings is revoked, withheld, 
                        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 debt, or has complied with the subpoena 
                        or warrant.
                    ``(C) Hardship exception.--Procedures under which 
                the State agency provides an individual described in 
                subparagraph (A) with an opportunity to demonstrate, 
                prior to any withholding, suspension, restriction on 
                the use of, or revocation of a permit or license 
                becoming effective, that such action would result in 
                undue harm to the ability of such individual to 
                maintain their employment or livelihood.
                    ``(D) 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 paragraph.''.

SEC. 9. COORDINATION WITH CORRECTIONS AGENCIES AND THE UNITED STATES 
              MARSHALS SERVICE.

    (a) In General.--Section 466(c)(1) (42 U.S.C. 666(c)(1)) is amended 
by inserting after subparagraph (H) the following:
                    ``(I) Coordination with corrections agencies.--
                            ``(i) In general.--For the purpose of 
                        increasing coordination between the State 
                        agency and corrections agencies, to develop and 
                        operate, in coordination with corrections 
                        agencies within the State, a data match system, 
                        using automated data exchanges to the extent 
                        feasible, for the names of any incoming or 
                        incarcerated individuals in corrections 
                        facilities who have child support orders.
                            ``(ii) 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 obligations.
                            ``(iii) Ensuring cooperation with state 
                        parole boards.--The State agency shall ensure 
                        that information contained in the centralized 
                        lien registry described in subsection (a)(4) is 
                        provided to the State parole board.
                            ``(iv) Corrections facilities defined.--For 
                        purposes of this section, the term `corrections 
                        facility' means any prison, jail, or other 
                        secure facility managed and operated, directly 
                        or under contract, by any municipality, county, 
                        State or the Federal Government in which 
                        offenders are incarcerated. Such term includes 
                        a halfway house.''.
    (b) United States Marshals Service.--
            (1) In general.--The Attorney General may use the resources 
        of the Federal law enforcement agencies of the Department of 
        Justice, including the United States Marshals Service, to 
        locate and apprehend persons who violate any State law or local 
        ordinance regarding enforcement of child support orders.
            (2) Funding.--There are authorized to be appropriated such 
        sums as may be necessary to carry out this subsection.

SEC. 10. PREVENTING DECEPTIVE AND HARASSING PRACTICES OF PRIVATE CHILD 
              SUPPORT COLLECTION AGENCIES.

    Section 803 of the Consumer Credit Protection Act (15 U.S.C. 1692a) 
is amended--
            (1) in paragraph (5)--
                    (A) by inserting ``either'' after ``arising''; and
                    (B) by inserting ``, or arising from a child 
                support order'' after ``reduced to judgment''; and
            (2) in paragraph (6)--
                    (A) in subparagraph (E), by striking ``and'' after 
                the semicolon;
                    (B) in subparagraph (F), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by inserting at the end the following new 
                subparagraph:
                    ``(G) 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 454 of the Social Security Act.''.

SEC. 11. NONCUSTODIAL PARENTS' ACCESS TO AND VISITATION OF THEIR 
              CHILDREN.

    Section 454(15) (42 U.S.C. 654(15)) is amended--
            (1) in subparagraph (A), by striking ``and'' after the 
        semicolon;
            (2) in subparagraph (B), by adding ``and'' after the 
        semicolon; and
            (3) 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;''.

SEC. 12. REPORT ON FEDERAL PROSECUTION FOR FAILURE TO PAY CHILD SUPPORT 
              OBLIGATIONS.

    Not later than January 1, 2012, and annually thereafter, the 
Attorney General shall prepare and submit a report to Congress that 
provides information regarding the number of individuals prosecuted for 
violating section 228 of title 18, United States Code.

SEC. 13. CHILD SUPPORT FEES.

    Section 454(6)(B) (42 U.S.C. 654(6)(B)) is amended--
            (1) in clause (i), by striking ``paid by the individual 
        applying for such services, or recovered from the absent 
        parent, or'' and inserting ``recovered from the absent parent 
        or''; and
            (2) in clause (ii), by striking ``paid by the individual 
        applying for the services,''.

SEC. 14. EFFECTIVE DATE.

    (a) In General.--Except as otherwise provided in this Act, and 
subject to subsection (b), the amendments made by this Act take effect 
on January 1, 2012.
    (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 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 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.
                                 <all>