[Congressional Record Volume 153, Number 39 (Wednesday, March 7, 2007)]
[Senate]
[Pages S2817-S2820]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ROCKEFELLER (for himself, Mr. Cornyn, Mr. Kohl, Ms. Snowe, 
        and Mr. Coleman):
  S. 803. A bill to repeal a provision enacted to end Federal matching 
of State spending of child support incentive payments; to the Committee 
on Finance.
  Mr. ROCKFELLER. Mr. President, today I am proud to join with 
bipartisan colleagues, Senators Cornyn, Kohl, Snowe, and Coleman, to 
try to increase investments in the successful Child Support Enforcement 
program.
  Our Federal child support enforcement is an extraordirary program. In 
2005, the program collected $23 billion to serve 16 million children 
and families, with a Federal investment of only approximately $4 
billion. For every dollar invested in this Program, there is a return 
of $4.58. This program is a real bargain.
  Child support enforcement is a program that deserves more investment 
because it works, and because it provides long term support for 
children. The historic welfare reform of 1996 changed Federal 
assistance to families with children to a temporary program that only 
provides 60 months of support. Currently 3.4 million children are 
cotered by welfare reform. Child support serves more children, and 
helps to ensure that their parents provide support until the age of 18. 
This program is essential for families, and it promotes our fundamental 
value of parental responsibility.
  As part of the Deficit Reduction Act of 2006, new limits were imposed 
on Federal incentive funds to prohibit the match. While this provision 
saved almost $3 billion, the Congressional Budget Office (CBO) 
estimated that children and families would loose $8.3 billion. That is 
a bad deal.
  Our bill is designed to fix this problem and continue to invest in a 
program that has been proven to work so well for our children and 
families. In my personal view, it is better to encourage families to 
rely on child support from their parents first.
  In the past, my State of West Virginia has used its incentive 
payments and matching funding to support computers and staff 
investments. According to our West Virginia Bureau, prior to incentive 
funding, the agency had 18 percent to 20 percent staff turnover. But 
with incentive funding, staff turnover has been reduced to 10 percent 
and West Virginia collections are up to $180 million. This is very good 
for my State.
  I believe this bipartisan bill will be a good deal for child support 
enforcement, our children and families, and our States.
  I ask unanimous consent that, three letters of support and the text 
of the bill be printed in the Record. I truly appreciate the support of 
National Conference of State Legislatures, The National Child Support 
Enforcement Association, and the joint support of advocacy groups of 
Center for Law and Social Policy, the National Women's Law Center and 
the Coalition on Human Needs.
  There being no objection, the letters and bill were ordered to be 
printed in the Record, as follows:

                                               National Conference


                                        of State Legislatures,

                                    Washington, DC, March 6, 2007.
     U.S. Senate,
     Washington, DC.
       Dear Senators Rockefeller, Cornyn, Kohl, Snowe, and 
     Coleman: NCSL strongly supports your legislation repealing 
     the provision in the Deficit Reduction Act of 2005 that 
     prohibits states from using child support incentive funds to 
     match federal funds for the program. When this action was 
     taken, the Congressional Budget Office identified the cut as 
     an intergovernmental mandate that exceeds the threshold of 
     the Unfunded Mandate Reform Act.

[[Page S2818]]

       States have used incentive funds to draw down federal funds 
     used for integral parts of the child support enforcement 
     program. The funds have allowed states to establish and 
     enforce child support obligations, obtain health care 
     coverage for children, and link low-income fathers to job 
     programs. The cut ignored the fact that funds for child 
     support enforcement are used effectively and responsibly. In 
     fact, the child support enforcement program received a 
     Program Assessment Rating Tool (PART) rating of 
     ``effective,'' and continues to be one of the highest rated 
     block or formula grants of all federal programs.
       Consistent child support helps save children from being 
     raised in poverty. Reductions in child support administrative 
     funds inevitably lead to lower child support collections, 
     leaving families less able to achieve self-sufficiency.
       State legislators applaud your efforts to undo this ill-
     considered action of the previous Congress. We urge the 110th 
     Congress to adopt your bill. Please have your staff contact 
     Sheri Steisel or Lee Posey for further information or 
     assistance.
           Sincerely,
     Sandy Rosenberg,
       Delegate, Maryland, Chairman, NCSL Human Services and 
     Welfare Committee.
     Leticia Van de Putte,
       Senator, Texas, President, NCSL.
     Donna Stone,
       Representative, Delaware, President Elect, NCSL.
                                  ____

                                            National Child Support


                                      Enforcement Association,

                                                    March 6, 2007.
     Hon. Jay Rockefeller,
     Hon. John Cornyn,
     Hon. Herb Kohl,
     Hon. Olympia Snowe,
     Hon. Norm Coleman.
       Dear Senators: I am sending this letter on behalf of the 
     National Child Support Enforcement Association (NCSEA) in 
     strong support of your bill to restore the authority for 
     states to use performance incentives as match for federal 
     funds for the child support enforcement program.
       NCSEA is a nonprofit, membership organization representing 
     the child support community--a workforce of over 60,000. 
     NCSEA's mission is to promote the well-being of children 
     through professional development of its membership, advocacy 
     and public awareness. NCSEA's membership includes line/
     managerial/executive child support staff; state and local 
     agencies; judges; court masters; hearing officers; government 
     and private attorneys; social workers; advocates; 
     corporations that partner with government to provide child 
     support services and private collection firms.
       The child support enforcement program operates in all 
     states as provided by Title IV-D of the federal Social 
     Security Act. The program enjoys healthy partnerships with 
     the federal Office of Child Support Enforcement, and a large 
     and varied group of stakeholders. Courts and law enforcement 
     officials carry out many of the day to day functions; 
     employers collect almost 80% of child support through income 
     withholding, hospitals assist with paternity acknowledgment, 
     and other state and local agencies provide enforcement 
     services and related services to assist obligors in finding 
     and maintaining employment. We share a common mission that is 
     reflected in the program's National Strategic Plan:

       To enhance the well-being of children by assuring that 
     assistance in obtaining support, including financial and 
     medical, is available to children through locating parents, 
     establishing paternity, establishing support obligations, and 
     monitoring and enforcing those obligations.

       One of the unique features of the child support enforcement 
     program is that unlike government public assistance programs, 
     it has a major interstate component, and requires close 
     collaboration among the states to provide services on behalf 
     of children whose parents live in different states. In 
     today's mobile society, strong interstate collaboration and 
     comparable levels of service across state lines are 
     essential. Collectively, the program provides services on 
     behalf of over 17 million children--representing nearly one 
     quarter of the nation's children. If one or more states do 
     not have the resources to operate effective programs, there 
     are repercussions across the entire network of states in the 
     child support system. The bottom line is that some of the 
     children who depend upon the program will fall through the 
     cracks.
       We are proud of the accomplishments of the program, but are 
     continually striving to do more. The program is cost 
     effective, goal oriented, and accountable for results. It has 
     received recognition from the highest levels of government at 
     the federal, state, and local levels. One of these was an OMS 
     Program Assessment Rating Tool (PART) score of 90 percent, 
     representing the highest rating among all social services and 
     block grant/formula programs.
       The Deficit Reduction Act of 2005 (P.L. 109-171), passed by 
     a closely divided Congressional vote, made major cuts to 
     child support funding, including eliminating the purposeful 
     federal match on incentive payments, reducing the match rate 
     for paternity testing, and imposing a collection fee on 
     parents. States were required to implement the collection of 
     the fee in October 2007 unless legislation was required. The 
     first two provisions are effective on October 1, 2008, unless 
     reversed by Congress.
       States and child support organizations have been working 
     hard to address these drastic funding reductions, and with 
     all honesty, the plans that are being made are not good for 
     the families served by this nationally recognized program. 
     Our members report that vital services may be eliminated or 
     substantially reduced as budgets and staffing are cut. 
     Important to the effectiveness of the program is the ability 
     to take action quickly to establish paternity and an 
     obligation to support. States report that early intervention 
     results in more regular support payments and more involvement 
     of the father in the life of the child. Just as importantly, 
     close monitoring and on-ongoing enforcement are vital to the 
     regular receipt of child support payments. This close 
     monitoring and interaction with the obligor ensures that 
     those parents who need assistance in finding and maintaining 
     employment are helped.
       As states lose resources, they will be less able to timely 
     perform ``core'' functions such as paternity establishment, 
     order establishment, enforcement and distribution of 
     payments. The progress the program has made toward improved 
     performance will be jeopardized. In addition, states will 
     have to make tough choices, perhaps sacrificing customer 
     service, outreach to incarcerated parents, and fatherhood 
     programs in favor of funding only the ``essential'' service 
     areas.
       The Congressional Budget Office (CBO) estimated that child 
     support collections would be reduced by $8.4 billion as a 
     result of the federal cuts contained in the Deficit Reduction 
     Act. (The actual number may be higher based on new scoring 
     from the CBO.) CBO assumed that states would make up half of 
     the funding gap resulting from federal cuts to the program. 
     While states are working to secure adequate funding for the 
     program, as of today no state has had a budget increase 
     approved by its state legislature. Twenty-three (23) states 
     have not yet made a request for additional funding. Many 
     state budgets are so tight that a request for additional 
     funding is not feasible. It is also important to keep in mind 
     that even if additional state funding is approved during the 
     current budget cycle, it does not guarantee adequate funding 
     in the future.
       As the Congress works to address needs of America's 
     families both in the federal budget and in other funding 
     authorization bills, we urge you to consider the needs for 
     strong and fair child support enforcement. Children who don't 
     receive regular financial support from both parents are 
     disadvantaged in a number of ways. Children need the 
     resources provided by child support payments from parents to 
     compete in our complex society. Parents need access to a 
     child support system that determines equitable child support 
     awards, monitors and enforces obligations, and transfers 
     payments from the obligor to custodial parent quickly. State 
     and local child support agencies have a successful history of 
     performing these important tasks, doubling their child 
     support collection rates since Congress enacted the 1996 
     welfare reform legislation. Taxpayers are well served by a 
     strong child support program that increases family self-
     sufficiency and decreases dependence on public assistance.
       Your interest in the child support program and commitment 
     to the families served by the state and local programs is 
     once again evidenced with your sponsorship of this critical 
     funding bill. The child support program has long enjoyed 
     strong bi-partisan support and we are most pleased to see 
     that support clearly shown in your sponsorship.
       Please consider NCSEA as a resource to you and to your 
     colleagues and staff as you proceed with this legislation. We 
     stand ready to provide you details on what we do, how our 
     members use federal funds, the impact of funding reductions, 
     our efforts to improve the quality of our services to 
     families, and any other information you need to make an 
     informed decision.
       Thank you for your advocacy on behalf of children and 
     families served by this important program.
           Sincerely yours,
                                                Mary Ann Wellbank,
     President.
                                  ____



                                  National Women's Law Center,

                             Center for Law and Social Policy,

                                     Coalition on Human Needs,

                                                    March 7, 2007.
     Hon. Jay Rockefeller,
     Hon. John Cornyn,
     Hon. Herb Kohl,
     Hon. Olympia Snowe,
     Hon. Norm Coleman.
       Dear Senators: The National Women's Law Center, Center for 
     Law and Social Policy, and Coalition on Human Needs, 
     organizations that have worked for years to strengthen child 
     support enforcement, strongly support your bill to restore 
     funding for child support enforcement to ensure that children 
     continue to receive the support they deserve from both their 
     parents.
       The federal-state child support enforcement program 
     provides services to over 17 million children. In FY 2005, it 
     collected $23 billion in child support from noncustodial 
     parents at a total cost of $5 billion to the federal and 
     state governments: $4.58 in collections for every $1 
     invested, making it highly cost-effective. All families in 
     need of child support enforcement services are eligible, but 
     most of the families that rely on the

[[Page S2819]]

     program are low- and moderate-income families. Families that 
     formerly received public assistance make up nearly half (46 
     percent) of the caseload; current recipients represent 16 
     percent of the caseload.
       Child support helps families escape poverty, provide for 
     their children's needs, and avoid a return to welfare. But 
     the cuts to child support enforcement funding included in 
     last year's Deficit Reduction Act will significantly reduce 
     child support collections for families and impede paternity 
     establishment, as states and counties reduce staff, forgo 
     computer upgrades, and abandon promising initiatives. Last 
     year, the Congressional Budget Office estimated that $8.4 
     billion in child support will go uncollected over the next 10 
     years.
       Your bill would protect child support enforcement services 
     by restoring the federal match for incentive funds that 
     states reinvest in the child support program. This match is a 
     key part of the results-based incentive payment system, 
     overhauled by the Child Support Performance Incentive Act 
     (CSPIA) of 1998, that has given states the incentives--and 
     the resources--to dramatically improve their child support 
     programs. Over the past 10 years, child support collection 
     rates have doubled, and the program has been strengthened on 
     a nationwide basis, thanks to the implementation of child 
     support reforms enacted by Congress as part of the 1996 
     welfare reform law.
       On a bipartisan basis, Congress has enacted significant 
     reforms to child support enforcement that are making a real 
     difference in children's lives. Your bill would prevent this 
     progress from unraveling.
       We thank you for your leadership on behalf of children and 
     families.
           Sincerely,
     Joan Entmacher,
       Vice President, Family Economic Security, National Women's 
     Law Center.
     Vicki Turetsky,
       Senior Staff Attorney, Center for Law and Social Policy.
     Debbie Weinstein,
       Executive Director, Coalition on Human Needs.
                                  ____


                                 S. 803

       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 Protection Act 
     of 2007''.

     SEC. 2. REPEAL OF PROVISION ENACTED TO END FEDERAL MATCHING 
                   OF STATE SPENDING OF CHILD SUPPORT INCENTIVE 
                   PAYMENTS.

       Section 7309 of the Deficit Reduction Act of 2005 (Public 
     Law 109-171, 120 Stat. 147) is repealed.

  Mr. CORNYN. Mr. President, I am proud to cosponsor the Child Support 
Protection Act of 2007 so State child support enforcement agencies may 
continue the extraordinary progress and cost-effectiveness they have 
developed in child support collections in recent years.
  This legislation is necessary to avoid a reversal in the dramatic 
improvements in the child support program's performance over the past 
decade. Without it, many families may be forced back into the welfare 
caseload.
  Child support enforcement reduces reliance on Medicaid, Temporary 
Assistance for Needy Families (TANF), and other social service 
programs. Effective enforcement enables former welfare families, and 
working families with modest incomes, to receive this important source 
of supplemental income and gain the self-sufficiency to avoid having to 
draw on government resources through public assistance programs. In 
fact, over 1 million Americans were lifted out of poverty through the 
child support program in 2002.
  In 2004, collections nationwide totaled $21.9 billion, while total 
program costs were $5.3 billion. For every $1 spent in child support 
enforcement, $4.38 is collected for children who need it. Because of 
this rate of return, the President's budget continually rates the 
program as ``one of the highest rated block/formula grants of all 
reviewed programs government-wide. This high rating is due to its 
strong mission, effective management, and demonstration of measurable 
progress toward meeting annual and long term performance measures.''
  In particular, the Texas child support program has made significant 
strides over the past seven years in collections, performance, and 
efficiency, all of which will be seriously undermined without this 
vital legislation.
  I speak with authority on this matter. During my tenure as Attorney 
General of Texas, the Child Support Division made dramatic increases in 
collections from deadbeat parents, and the office continues to bring in 
record collections each year. Texas now ranks second in the Nation in 
total collections--with collections in Fiscal Year 2006 surpassing $2 
billion--a figure that has doubled since Fiscal Year 2000.
  This outstanding performance has earned the program the second 
highest Federal performance incentive award for the past 3 years. 
Because the Texas program has achieved that level of performance, the 
prohibition on using incentive payments to draw down matching Federal 
funds for program expenditures will have a much greater impact on Texas 
than on the 48 other States ranked below it. The loss of the match on 
incentive payments effectively punishes Texas's success. Unless we pass 
this legislation, the Child Support Division in the Office of the Texas 
Attorney General will face a dramatic reduction in federal financial 
participation and may be forced to close many offices throughout the 
State.
  I ask unanimous consent to print in the Record the following letter 
from the National Child Support Enforcement Association supporting this 
legislation.
  I look forward to this bill's consideration in the future.
  There being no objection, the letter was ordered to be printed in the 
Record, as follows:

                                            National Child Support


                                      Enforcement Association,

                                    Washington, DC, March 6, 2007.
     Hon. Jay Rockefeller,
     Hon. John Cornyn,
     Hon. Herb Kohl,
     Hon. Olympia Snowe,
     Hon. Norm Coleman.
       Dear Senators: I am sending this letter on behalf of the 
     National Child Support Enforcement Association (NCSEA) in 
     strong support of your bill to restore the authority for 
     states to use performance incentives as match for federal 
     funds for the child support enforcement program.
       NCSEA is a nonprofit, membership organization representing 
     the child support community--a workforce of over 60,000. 
     NCSEA's mission is to promote the well-being of children 
     through professional development of its membership, advocacy 
     and public awareness. NCSEA's membership includes line/
     managerial/executive child support staff; state and local 
     agencies; judges; court masters; hearing officers; government 
     and private attorneys; social workers; advocates; 
     corporations that partner with government to provide child 
     support services and private collection firms.
       The child support enforcement program operates in all 
     states as provided by Title IV-D of the federal Social 
     Security Act. The program enjoys healthy partnerships with 
     the federal Office of Child Support Enforcement, and a large 
     and varied group of stakeholders. Courts and law enforcement 
     officials carry out many of the day to day functions; 
     employers collect almost 80 percent of child support through 
     income withholding, hospitals assist with paternity 
     acknowledgment, and other state and local agencies provide 
     enforcement services and related services to assist obligors 
     in finding and maintaining employment. We share a common 
     mission that is reflected in the program's National Strategic 
     Plan:
       To enhance the well-being of children by assuring that 
     assistance in obtaining support, including financial and 
     medical, is available to children through locating parents, 
     establishing paternity, establishing support obligations, and 
     monitoring and enforcing those obligations.
       One of the unique features of the child support enforcement 
     program is that unlike government public assistance programs, 
     it has a major interstate component, and requires close 
     collaboration among the states to provide services on behalf 
     of children whose parents live in different states. In 
     today's mobile society, strong interstate collaboration and 
     comparable levels of service across state lines are 
     essential. Collectively, the program provides services on 
     behalf of over 17 million children--representing nearly one 
     quarter of the nation's children. If one or more states do 
     not have the resources to operate effective programs, there 
     are repercussions across the entire network of states in the 
     child support system. The bottom line is that some of the 
     children who depend upon the program will fall through the 
     cracks.
       We are proud of the accomplishments of the program, but are 
     continually striving to do more. The program is cost 
     effective, goal oriented, and accountable for results. It has 
     received recognition from the highest levels of government at 
     the federal, state, and local levels. One of these was an OMS 
     Program Assessment Rating Tool (PART) score of 90 percent, 
     representing the highest rating among all social services and 
     block grant/formula programs.

[[Page S2820]]

       The Deficit Reduction Act of 2005 (P.L. 109-171), passed by 
     a closely divided Congressional vote, made major cuts to 
     child support funding, including eliminating the purposeful 
     federal match on incentive payments, reducing the match rate 
     for paternity testing, and imposing a collection fee on 
     parents. States were required to implement the collection of 
     the fee in October 2007 unless legislation was required. The 
     first two provisions are effective on October 1, 2008, unless 
     reversed by Congress
       States and child support organizations have been working 
     hard to address these drastic funding reductions, and with 
     all honesty, the plans that are being made are not good for 
     the families served by this nationally recognized program. 
     Our members report that vital services may be eliminated or 
     substantially reduced as budgets and staffing are cut 
     Important to the effectiveness of the program is the ability 
     to take action quickly to establish paternity and an 
     obligation to support. States report that early intervention 
     results in more regular support payments and more involvement 
     of the father in the life of the child. Just as importantly, 
     close monitoring and on-ongoing enforcement are vital to the 
     regular receipt of child support payments. This close 
     monitoring and interaction with the obligor ensures that 
     those parents who need assistance in finding and maintaining 
     employment are helped.
       As states lose resources, they will be less able to timely 
     perform ``core'' functions such as paternity establishment, 
     order establishment, enforcement and distribution of 
     payments. The progress the program has made toward improved 
     performance will be jeopardized. In addition, states will 
     have to make tough choices, perhaps sacrificing customer 
     service, outreach to incarcerated parents, and fatherhood 
     programs in favor of funding only the ``essential'' service 
     areas.
       The Congressional Budget Office (CBO) estimated that child 
     support collections would be reduced by $8.4 billion as a 
     result of the federal cuts contained in the Deficit Reduction 
     Act. (The actual number may be higher based on new scoring 
     from the CBO.) CBO assumed that states would make up half of 
     the funding gap resulting from federal cuts to the program. 
     While states are working to secure adequate funding for the 
     program, as of today no state has had a budget increase 
     approved by its state legislature. Twenty-three (23) states 
     have not yet made a request for additional funding. Many 
     state budgets are so tight that a request for additional 
     funding is not feasible. It is also important to keep in mind 
     that even if additional state funding is approved during the 
     current budget cycle, it does not guarantee adequate funding 
     in the future.
       As the Congress works to address needs of America's 
     families both in the federal budget and in other funding 
     authorization bills, we urge you to consider the needs for 
     strong and fair child support enforcement. Children who don't 
     receive regular financial support from both parents are 
     disadvantaged in a number of ways. Children need the 
     resources provided by child support payments from parents to 
     compete in our complex society. Parents need access to a 
     child support system that determines equitable child support 
     awards, monitors and enforces obligations, and transfers 
     payments from the obligor to custodial parent quickly. State 
     and local child support agencies have a successful history of 
     performing these important tasks, doubling their child 
     support collection rates since Congress enacted the 1996 
     welfare reform legislation. Taxpayers are well served by a 
     strong child support program that increases family self-
     sufficiency and decreases dependence on public assistance.
       Your interest in the child support program and commitment 
     to the families served by the state and local programs is 
     once again evidenced with your sponsorship of this critical 
     funding bill. The child support program has long enjoyed 
     strong bi-partisan support and we are most pleased to see 
     that support clearly shown in your sponsorship.
       Please consider NCSEA as a resource to you and to your 
     colleagues and staff as you proceed with this legislation. We 
     stand ready to provide you details on what we do, how our 
     members use federal funds, the impact of funding reductions, 
     our efforts to improve the quality of our services to 
     families, and any other information you need to make an 
     informed decision.
       Thank you for your advocacy on behalf of children and 
     families served by this important program.
           Sincerely yours,
                                                Mary Ann Wellbank,
                                                        President.

  Mr. KOHL. In Congress, we rarely have the opportunity to consider a 
simple, straightforward issue. It is uncommon when we can debate an 
issue with significant bipartisan support; one that the Senate has a 
strong record on. And it seems exceptional when we are able to show our 
support for a Federal program that really works.
  But the legislation my colleagues and I are introducing today gives 
us that rare opportunity. Our legislation restores cuts to the child 
support enforcement program. The program helps States collect support 
that is owed to hardworking, single parent families. It is one of the 
most effective Federal programs, collecting more than $4 in child 
support for every dollar spent. And the Senate already has a strong 
record in support of the child support enforcement program, with 76 
Senators voting for a resolution that rejected cuts to the program.
  Which is why I was so disappointed when conferees included in the 
Deficit Reduction Act a provision to prevent, States from receiving 
Federal matching funds on incentive payments. While the scope of this 
provision may have seemed narrow to the conferees, the impact has been 
felt throughout the country. And my State of Wisconsin has felt it more 
than most--as a high-performing State, Wisconsin stands to lose more 
Federal funding than a State with a poorer enforcement record. Congress 
should not send the message to States that they will be penalized for 
success--but that's exactly what the child support funding cuts did.
  I fought against the Deficit Reduction Act, because I knew these cuts 
would hurt Wisconsin families. The impact has been clear. The cuts are 
so damaging--and the program so important--that one Wisconsin community 
has decided to hold a raffle, to raise funds for their child support 
enforcement program. I have heard from child support directors who will 
be forced by budget cuts to fire staff. And I have heard from scared 
constituents who are owed child support that they worry they will never 
see.
  That is why I am proud to join Senators Rockefeller, Cornyn, Snowe 
and Coleman in introducing this legislation. By repealing the DRA cuts, 
we help our States, our counties--and most importantly--we help those 
constituents relying on child support payments.
  I urge my colleagues to take this rare opportunity--to do what's 
simple, to support the Senate's record, and to vote in favor of a 
program with proven success at helping our nation's children.
  I thank my colleagues.
                                 ______