H. R. 1896
IN THE HOUSE OF REPRESENTATIVES
May 8, 2013
Mr. Reichert (for himself, Mr. Doggett, Mr. Lewis, Mr. Boustany, Mr. Crowley, Mr. Reed, Mr. Young of Indiana, Mr. Kelly of Pennsylvania, Mr. Griffin of Arkansas, and Mr. Renacci) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committees on the Budget and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
To amend part D of title IV of the Social Security Act to ensure that the United States can comply fully with the obligations of the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance, and for other purposes.
Short title; references
This Act may be cited as the
International Child Support Recovery Improvement Act of
Except as otherwise expressly provided in this Act, wherever in this Act an amendment is expressed in terms of an amendment to a section or other provision, the amendment shall be considered to be made to a section or other provision of the Social Security Act.
Amendments to ensure access to child support services for international child support cases
Authority of the secretary of hhs To ensure compliance with multilateral child support conventions
Section 452 (42 U.S.C. 652) is amended—
by adding at the end the following:
The Secretary shall use the authorities otherwise provided by law to ensure the compliance of the United States with any multilateral child support convention to which the United States is a party.
Access to the federal parent locator service
and at the end of paragraph (3);
by striking the
period at the end of paragraph (4) and inserting
by adding at the end the following:
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).
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—
(4)(A)(ii), by inserting before the semicolon
(except that, if the
individual applying for the services resides in a foreign reciprocating country
or foreign treaty country, the State may opt to require the individual to
request the 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 or reject
the application); and
in paragraph (32)—
(A), by inserting
, a foreign treaty country, after
foreign reciprocating country; and
(C), by striking
or foreign obligee and inserting
foreign treaty country, or foreign individual.
Amendments to international support enforcement provisions
by adding at the end the following:
In this part:
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).
Foreign treaty country
The term foreign treaty country means a foreign country for which the 2007 Family Maintenance Convention is in force.
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.
in subsection (c)—
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;
in paragraph (2),
and foreign treaty countries after
reciprocating countries; and
Collection of past-Due support from federal tax refunds
State law requirement concerning the uniform interstate family support act (uifsa)
on and after January 1, 1998,;
and as in effect on August 22, 1996,; and
adopted as of such date and inserting
adopted as of
September 30, 2008.
Conforming amendments to title 28, united states code
Section 1738B of title 28, United States Code, is amended—
in subsection (d),
individual contestant and inserting
individual contestant or the parties have consented in a record or open
court that the tribunal of the State may continue to exercise jurisdiction to
modify its order,;
(e)(2)(A), by striking
individual contestant and inserting
individual contestant and the parties have not consented in a record or
open court that the tribunal of the other State may continue to exercise
jurisdiction to modify its order; and
in subsection (b)—
term child means;
child’s State means
(2) The term child’s State means;
child’s home State means
(3) The term child’s home State means;
child support means
(4) The term child support means;
child support order
(5) The term child support order
(6) The term contestant means;
term court means;
term modification means; and
term State means.
Effective date; grace period for state law changes
The amendments made by paragraph (1) shall take effect with respect to a State no later than the effective date of laws enacted by the legislature of the State implementing such paragraph, but in no event later than 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 the enactment of this Act.
For purposes of clause (i), in the case of a State that has a 2-year legislative session, each year of the session shall be deemed to be a separate regular session of the State legislature.
The amendments made by subparagraphs (A) and (B) of paragraph (2) shall take effect on the date on which the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance enters into force for the United States.
The amendments made by subparagraph (C) of paragraph (2) shall take effect on the date of the enactment of this Act.
Data exchange standardization for improved interoperability
Data exchange standards for improved interoperability
The Secretary shall, in consultation with an interagency work group established by the Office of Management and Budget and considering State government perspectives, by rule, designate data exchange standards to govern, under this part—
necessary categories of information that State agencies operating programs under State plans approved under this part are required under applicable law to electronically exchange with another State agency; and
Federal reporting and data exchange required under applicable law.
The data exchange standards required by paragraph (1) shall, to the extent practicable—
incorporate a widely accepted, non-proprietary, searchable, computer-readable format, such as the eXtensible Markup Language;
contain interoperable standards developed and maintained by intergovernmental partnerships, such as the National Information Exchange Model;
incorporate interoperable standards developed and maintained by Federal entities with authority over contracting and financial assistance;
be consistent with and implement applicable accounting principles;
be implemented in a manner that is cost-effective and improves program efficiency and effectiveness; and
be capable of being continually upgraded as necessary.
Rule of construction
Nothing in this subsection shall be construed to require a change to existing data exchange standards found to be effective and efficient.
The Secretary of Health and Human Services shall issue a proposed rule within 24 months after the date of the enactment of this section. The rule shall identify federally-required data exchanges, include specification and timing of exchanges to be standardized, and address the factors used in determining whether and when to standardize data exchanges. It should also specify State implementation options and describe future milestones.
Efficient use of the national directory of new hires database for federally sponsored research assessing the effectiveness of federal policies and programs in achieving positive labor market outcomes
Section 453 (42 U.S.C. 653) is amended—
(i)(2)(A), by striking
24 and inserting
Subject to subparagraph (B) of this paragraph, the Secretary may provide access to data in each component of the Federal Parent Locator Service maintained under this section and to information reported by employers pursuant to section 453A(b), for—
research undertaken by a State or Federal agency (including through grant or contract) for purposes found by the Secretary to be likely to contribute to achieving the purposes of part A or this part; or
an evaluation or statistical analysis undertaken to assess the effectiveness of a Federal program in achieving positive labor market outcomes (including through grant or contract), by—
the Department of Health and Human Services;
the Social Security Administration;
the Department of Labor;
the Department of Education;
the Department of Housing and Urban Development;
the Department of Justice;
the Department of Veterans Affairs;
the Bureau of the Census;
the Department of Agriculture; or
the National Science Foundation.
the State or Federal agency conducting the research described in subparagraph (A)(i), or the Federal department or agency undertaking the evaluation or statistical analysis described in subparagraph (A)(ii), as applicable, enters into an agreement with the Secretary regarding the security and use of the data or information;
the agreement includes such restrictions or conditions with respect to the use, safeguarding, disclosure, or redisclosure of the data or information (including by contractors or grantees) as the Secretary deems appropriate;
the data or information is used exclusively for the purposes defined in the agreement; and
the Secretary determines that the provision of data or information under this paragraph is the minimum amount needed to conduct the research, evaluation, or statistical analysis, as applicable, and will not interfere with the effective operation of the program under this part.
Penalties for unauthorized disclosure of data
Any individual who willfully discloses a personal identifier (such as a name or social security number) provided under this paragraph, in any manner to an entity not entitled to receive the data or information, shall be fined under title 18, United States Code, imprisoned not more than 5 years, or both.
The budgetary effects
of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act
of 2010, shall be determined by reference to the latest statement titled
Budgetary Effects of PAYGO Legislation for this Act, submitted
for printing in the Congressional Record by the Chairman of the Senate Budget
Committee, provided that such statement has been submitted prior to the vote on