Bill Summary
This legislation aims to continue funding for programs promoting responsible fatherhood and modernizing child support enforcement, with provisions for eligibility requirements, coordination with domestic violence organizations, and evaluation of outcomes. It also establishes a pilot program to test the impact of suspending automatic child support enforcement for non-custodial parents participating in these programs. Additionally, it includes provisions for a parenting time services pilot program, improvements to the Child Support Pass-Through Program, and adjustments to the distribution of recovery rebates for past-due child support. The amendments will take effect upon enactment and may allow for a 3-month delay for states to comply.
Possible Impacts
1) Under the legislation, eligible entities can apply for grants to promote responsible fatherhood and modernize child support enforcement, potentially providing resources and support for fathers and families in need. 2) The legislation establishes a pilot program to test the impact of staying automatic child support enforcement for non-custodial parents participating in a healthy marriage or responsible fatherhood program, potentially affecting the way child support is collected and distributed. 3) Changes to the Child Support Pass-Through Program could result in TANF families receiving all current support amounts collected on their behalf, potentially providing much needed financial support for these families.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8704 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 8704
To amend title IV of the Social Security Act to reauthorize the grant
program to promote responsible fatherhood, to modernize the child
support enforcement program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 30, 2020
Mr. Danny K. Davis of Illinois introduced the following bill; which was
referred to the Committee on Ways and Means
_______________________________________________________________________
A BILL
To amend title IV of the Social Security Act to reauthorize the grant
program to promote responsible fatherhood, to modernize the child
support enforcement program, 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; TABLE OF CONTENTS; DEFINITION.
(a) Short Title.--This Act may be cited as the ``Strengthening
Families for Success Act of 2020''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents; definition.
TITLE I--PROMOTING RESPONSIBLE FATHERHOOD AND STRENGTHENING LOW-INCOME
FAMILIES
Sec. 101. Reauthorization of healthy marriage promotion and responsible
fatherhood grants.
TITLE II--IMPROVING RESOURCES FOR DOMESTIC VIOLENCE AND FAMILY
STRENGTHENING
Sec. 201. Best practices for coordination of policy to address domestic
violence and family engagement.
Sec. 202. Grants supporting healthy family partnerships for domestic
violence intervention and prevention.
Sec. 203. Procedures to address domestic violence.
TITLE III--MODERNIZATION OF CHILD SUPPORT ENFORCEMENT
Sec. 301. Pilot program to stay automatic child support enforcement
against non-custodial parents participating
in a healthy marriage or responsible
fatherhood program.
Sec. 302. Closure of certain child support enforcement cases.
TITLE IV--PARENTING TIME SERVICES PILOT PROGRAM
Sec. 401. Parenting time services pilot program.
TITLE V--IMPROVEMENTS TO THE CHILD SUPPORT PASS-THROUGH REQUIREMENTS
Sec. 501. Child support pass-through program improvements.
Sec. 502. Improving State documentation and reporting of child support
collection data.
TITLE VI--PROGRAM FLEXIBILITY DURING THE COVID-19 PANDEMIC
Sec. 601. Emergency TANF flexibility.
Sec. 602. 2020 recovery rebates not subject to reduction or offset with
respect to past-due support.
Sec. 603. Protection of 2020 recovery rebates.
TITLE VII--EFFECTIVE DATE
Sec. 701. Effective date.
(c) Secretary Defined.--In this Act, the term ``Secretary'' means
the Secretary of Health and Human Services.
TITLE I--PROMOTING RESPONSIBLE FATHERHOOD AND STRENGTHENING LOW-INCOME
FAMILIES
SEC. 101. REAUTHORIZATION OF HEALTHY MARRIAGE PROMOTION AND RESPONSIBLE
FATHERHOOD GRANTS.
(a) Voluntary Participation.--
(1) Assurance.--Section 403(a)(2)(A)(ii)(II) of the Social
Security Act (42 U.S.C. 603(a)(2)(A)(ii)(II)) is amended--
(A) in item (aa), by striking ``and'' after the
semicolon;
(B) in item (bb), by striking the period and
inserting a semicolon; and
(C) by adding at the end the following:
``(cc) if the entity is a
State or an Indian tribe or
tribal organization, to not
condition the receipt of
assistance under the program
funded under this part, under a
program funded with qualified
State expenditures (as defined
in section 409(a)(7)(B)(i)), or
under a program funded under
part B or E of this title, on
enrollment or participation in
any such programs; and
``(dd) to permit any
participant in a program or
activity funded under this
paragraph, including an
individual whose participation
is specified in the individual
responsibility plan developed
for the individual in
accordance with section 408(b),
to transfer to another such
program or activity upon
notification to the entity and
the State agency responsible
for administering the State
program funded under this
part.''.
(2) Prohibition.--Section 408(a) of such Act (42 U.S.C.
608(a)) is amended by adding at the end the following:
``(13) Ban on conditioning receipt of tanf or certain other
benefits on participation in a healthy marriage or responsible
fatherhood program.--A State to which a grant is made under
section 403 shall not condition the receipt of assistance under
the State program funded under this part, under a program
funded with qualified State expenditures (as defined in section
409(a)(7)(B)(i)), or under a program funded under part B or E
of this title, on participation in a healthy marriage promotion
activity (as defined in section 403(a)(2)(A)(iii)) or in an
activity promoting responsible fatherhood (as defined in
section 403(a)(2)(C)(ii)).''.
(3) Penalty.--Section 409(a) of such Act (42 U.S.C. 609(a))
is amended by adding at the end the following:
``(17) Penalty for conditioning receipt of tanf or certain
other benefits on participation in a healthy marriage or
responsible fatherhood program.--If the Secretary determines
that a State has violated section 408(a)(13) during a fiscal
year, the Secretary shall reduce the grant payable to the State
under section 403(a)(1) for the immediately succeeding fiscal
year by an amount equal to 5 percent of the State family
assistance grant.''.
(b) Alignment of Entities Eligible for Grants and Technical
Assistance.--Section 403(a)(2) of such Act (42 U.S.C. 603(a)(2)) is
further amended--
(1) in subparagraph (A)--
(A) in clause (i), by inserting ``territories,''
after ``States,''; and
(B) by adding at the end the following:
``(iv) Eligible entities.--States,
territories, Indian tribes and tribal
organizations, public or private entities, and
nonprofit community entities, including
religious organizations, are eligible to be
awarded funds made available under this
paragraph for the purpose of carrying out
healthy marriage promotion activities, for the
purpose of carrying out activities promoting
responsible fatherhood, or for both such
purposes.
``(v) Territory defined.--For purposes of
awarding funds under this paragraph, the term
`territory' means the Commonwealth of Puerto
Rico, the United States Virgin Islands, Guam,
American Samoa, and the Commonwealth of the
Northern Mariana Islands.''; and
(2) in subparagraph (C)(i), by striking ``and public'' and
inserting ``public or private entities,''.
(c) Territory and Tribal Set-Aside; Elimination of Preference
Provision.--Section 403(a)(2)(E) of such Act (42 U.S.C. 603(a)(2)(E))
is amended to read as follows:
``(E) Funding for territories and indian tribes and
tribal organizations.--
``(i) In general.--Of the amounts made
available under subparagraph (D) for a fiscal
year, not less than 10 of the awards made by
the Secretary of such funds for fiscal year
2021 or any fiscal year thereafter for the
purpose of carrying out healthy marriage
promotion activities, activities promoting
responsible fatherhood, or both, (excluding any
award under subparagraph (B)(i) for any fiscal
year), shall be made to a territory or an
Indian tribe or tribal organization.
``(ii) Clarification of eligibility of
tribal consortiums.--A tribal consortium of
Indian tribes or tribal organizations may be
awarded funds under this paragraph for the
purpose of carrying out healthy marriage
promotion activities, activities promoting
responsible fatherhood, or both.''.
(d) Activities Promoting Responsible Fatherhood.--Section
403(a)(2)(C)(ii) of such Act (42 U.S.C. 603(a)(2)(C)(ii)) is amended--
(1) in subclause (I), by striking ``marriage or sustain
marriage'' and inserting ``healthy relationships and marriages
or to sustain healthy relationships or marriages'';
(2) in subclause (II), by inserting ``educating youth who
are not yet parents about the economic, social, and family
consequences of early parenting, helping participants in
fatherhood programs work with their own children to break the
cycle of early parenthood,'' after ``child support payments,'';
and
(3) in subclause (III)--
(A) by striking ``fathers'' and inserting ``parents
(with priority for low-income noncustodial parents)'';
and
(B) by inserting ``employment training for both
parents and for other family members,'' after
``referrals to local employment training
initiatives,''.
(e) Ensuring Healthy Marriage Promotion and Responsible Fatherhood
Activities Can Be Offered During Public Health Emergencies.--
(1) In general.--Section 403(a)(2)(A)(ii)(I) of such Act
(42 U.S.C. 603(a)(2)(A)(ii)(I)) is amended--
(A) in each of items (aa) and (bb), by striking
``and'' after the semicolon; and
(B) by adding at the end the following:
``(cc) how, and the extent
to which, funds awarded will be
used by the entity for
technology and access to
broadband in order to carry out
healthy marriage promotion
activities, activities
promoting responsible
fatherhood, or both, remotely
during a public health
emergency; and
``(dd) how the entity will
sustain continuity of critical
services, specifying the scope
of the critical services to be
maintained, and the ability of
the entity to be able to resume
providing such services within
3 weeks of the beginning of a
public health emergency or
other incident that compromises
the ability of the entity to
deliver such services in-
person, by telephone, or
virtually; and''.
(2) Public health emergency defined.--Section 403(a)(2)(A)
of such Act (42 U.S.C. 603(a)(2)(A)) is further amended--
(A) by redesignating clauses (iv) and (v) (as added
by subsection (b)(1)) as clauses (v) and (vi),
respectively; and
(B) by inserting after clause (iii) the following:
``(iv) Public health emergency defined.--In
clause (ii), the term `public health emergency'
means--
``(I) a national or public health
emergency declared by the President or
the Secretary, including--
``(aa) a major disaster
relating to public health
declared by the President under
section 401 of the Robert T.
Stafford Disaster Relief and
Emergency Assistance Act (42
U.S.C. 5170);
``(bb) an emergency
relating to public health
declared by the President under
section 501 of the Robert T.
Stafford Disaster Relief and
Emergency Assistance Act (42
U.S.C. 5191); or
``(cc) a public health
emergency declared by the
Secretary under section 319 of
the Public Health Service Act
(42 U.S.C. 247d); or
``(II) an emergency relating to
public health that has been declared by
a Governor or other appropriate
official of any State, the District of
Columbia, or commonwealth, territory,
or locality of the United States.''.
(f) Measuring Outcomes for Eligible Families.--Section 403(a)(2) of
such Act (42 U.S.C. 603(a)(2)), as amended by the preceding subsections
of this section, is further amended--
(1) in subparagraph (A)--
(A) in clause (ii)--
(i) in subclause (I)(dd), by striking
``and'' after the semicolon;
(ii) in subclause (II)--
(I) in item (cc), by striking
``and'' after the semicolon;
(II) in item (dd), by striking the
period at the end and inserting ``;
and''; and
(III) by adding at the end the
following:
``(ee) to submit the report
required under clause (vi);
and''; and
(iii) by adding at the end the following:
``(III) provides, subject to the
approval of the Secretary, for
evaluations of the activities carried
out using each grant made under this
paragraph that satisfy the requirements
of subparagraph (F).''; and
(B) by adding at the end the following:
``(vii) Requirements relating to outcomes
for measuring improvements.--
``(I) Report on improvements after
3 years.--Not later than 30 days after
the end of the 3rd year in which an
eligible entity conducts programs or
activities with funds made available
under this paragraph, the entity shall
submit a report to the Secretary
demonstrating the extent to which the
programs and activities carried out
with such funds made quantifiable,
measurable improvements in the areas
identified in the entity's application
in accordance with clause (ii)(III).
``(II) Technical assistance.--The
Secretary shall provide technical
assistance to help the eligible entity
develop and implement ways to evaluate
and improve outcomes for eligible
families. The Secretary may provide the
technical assistance directly or
through grants, contracts, or
cooperative agreements.
``(III) Advisory panel.--The
Secretary shall establish an advisory
panel for purposes of obtaining
recommendations regarding the technical
assistance provided to entities in
accordance with subclause (II).
``(IV) Final report.--Not later
than December 31 of the first calendar
year that begins after October 1 of the
5th consecutive fiscal year for which
an eligible entity conducts programs or
activities with funds made available
under this paragraph, and every 5th
such fiscal year thereafter (beginning
with funds awarded for fiscal year
2021), the eligible entity shall submit
a report to the Secretary demonstrating
the extent to which the programs and
activities carried out with such funds
made quantifiable, measurable
improvements in the areas identified in
the entity's application for funding
for such 5 fiscal years.
``(V) Report to congress.--Not
later than March 31, 2026, and annually
thereafter, the Secretary shall submit
a report to the Committee on Ways and
Means of the House of Representatives
and the Committee on Finance of the
Senate on the programs and activities
carried out with funds made available
under this paragraph based on the most
recent final reports submitted under
subclause (IV). Each report submitted
under this subclause shall identify the
programs and activities carried out
with funds made available under this
paragraph which made quantifiable,
measurable improvements and in which
outcome areas.''; and
(2) by adding at the end the following new subparagraph:
``(F) Evaluation requirements.--
``(i) In general.--For purposes of
subparagraph (A)(ii)(III), an evaluation
satisfies the requirements of this subparagraph
if--
``(I) the evaluation is designed
to--
``(aa) build evidence of
the effectiveness of the
activities carried out using
each grant made under this
paragraph;
``(bb) determine the
lessons learned (including
barriers to success) from such
activities; and
``(cc) to the extent
practicable, help build local
evaluation capacity, including
the capacity to use evaluation
data to inform continuous
program improvement; and
``(II) the evaluation includes
research designs that encourage
innovation and reflect the nature of
the activities undertaken, successful
implementation efforts, and the needs
of the communities, without
prioritizing efficacy research over
effectiveness research.
``(ii) Randomized controlled trials.--An
evaluation conducted in accordance with
subparagraph (A)(ii)(III) and this subparagraph
may, but shall not be required to, include a
randomized controlled trial.
``(iii) Outcomes.--Outcomes of interest for
an evaluation conducted in accordance with
subparagraph (A)(ii)(III) and this subparagraph
shall include, but are not limited to, the
following:
``(I) Relationship quality between
custodial and non-custodial parents.
``(II) Family economic wellbeing,
including receipt of public benefits
and access to employment services and
education.
``(III) Payment of child support by
non-custodial parents, non-financial
contributions, and involvement in
child-related activities.
``(IV) Parenting skills or
parenting quality.
``(V) Health and mental health
outcomes of parents.
``(VI) Quality and frequency of
contact between children and non-
custodial parents.
``(VII) Reduction in crime or
domestic violence.
``(VIII) Prevention of child
injuries, child abuse, neglect, or
maltreatment, and reduction of
emergency department visits.
``(IX) Coordination and referrals
for other community resources and
supports.''.
(g) Authority for Substitution Grantees.--Section 403(a)(2)(A) of
such Act (42 U.S.C. 603(a)(2)(A)), as amended by subsections (b)(1),
(e)(2), and (f)(2), is further amended--
(1) in clause (ii), in the matter preceding subclause (I),
by striking ``The Secretary'' and inserting ``Except as
provided in clause (viii), the Secretary''; and
(2) by adding at the end the following:
``(viii) Authority for substitute
entities.--If, after being awarded funds under
this paragraph for a fiscal year for the
purpose of carrying out healthy marriage
promotion activities, activities promoting
responsible fatherhood, or both, an entity
becomes unable to continue to carry out such
activities for the duration of the award
period, the Secretary may select another entity
to carry out such activities with the funds
from the initial award that remain available
for obligation, for the remainder of the
initial award period. The Secretary shall make
any such selection from among applications
submitted by other entities for funding to
carry out the same activities as the activities
for which the initial award was made, and may
base the criteria for making such a selection
on the objectives specified in the announcement
of the opportunity to apply for the initial
award funds.''.
(h) Reauthorization.--Section 403(a)(2)(D) of such Act (42 U.S.C.
603(a)(2)(D)) is amended to read as follows:
``(D) Appropriation.--
``(i) In general.--Subject to clauses (ii)
and (iii), out of any money in the Treasury of
the United States not otherwise appropriated,
there are appropriated for each of fiscal years
2021 through and 2025 for expenditure in
accordance with this paragraph--
``(I) $75,000,000 for awarding
funds for the purpose of carrying out
healthy marriage promotion activities;
and
``(II) $75,000,000 for awarding
funds for the purpose of carrying out
activities promoting responsible
fatherhood.
``(ii) Demonstration projects for
coordination of provision of child welfare and
tanf services to tribal families at risk of
child abuse or neglect.--If the Secretary makes
an award under subparagraph (B)(i) for any
fiscal year, the funds for such award shall be
taken in equal portion from the amounts
appropriated under subclauses (I) and (II) of
clause (i).
``(iii) Research; technical assistance.--
The Secretary may use 0.5 percent of the
amounts appropriated under each of subclauses
(I) and (II) of clause (i), respectively, for
the purpose of conducting and supporting
research and demonstration projects by public
or private entities, and providing technical
assistance to States, Indian tribes and tribal
organizations, and such other entities as the
Secretary may specify that are receiving a
grant under another provision of this part.''.
TITLE II--IMPROVING RESOURCES FOR DOMESTIC VIOLENCE AND FAMILY
STRENGTHENING
SEC. 201. BEST PRACTICES FOR COORDINATION OF POLICY TO ADDRESS DOMESTIC
VIOLENCE AND FAMILY ENGAGEMENT.
The Secretary shall develop a coordinated policy to address
domestic violence and family strengthening that--
(1) establishes criteria and best practices for
coordination and partnership between domestic violence shelter
and service organizations and responsible fatherhood and
healthy marriage promotion programs;
(2) not later than 120 days after the date of enactment of
this Act, issue guidance containing such criteria and best
practices; and
(3) update and reissue such criteria and best practices at
least once every 5 years.
SEC. 202. GRANTS SUPPORTING HEALTHY FAMILY PARTNERSHIPS FOR DOMESTIC
VIOLENCE INTERVENTION AND PREVENTION.
Section 403(a) of the Social Security Act (42 U.S.C. 603(a)) is
amended by adding at the end the following new paragraph:
``(6) Grants supporting healthy family partnerships for
domestic violence intervention and prevention.--
``(A) In general.--The Secretary shall award grants
on a competitive basis to healthy family partnerships
to build capacity for, and facilitate such
partnerships.
``(B) Use of funds.--Funds made available under a
grant awarded under this paragraph may be used for
staff training, the provision of domestic violence
intervention and prevention services, and the
dissemination of best practices for--
``(i) assessing and providing services to
individuals and families affected by domestic
violence, including through caseworker
training, the provision of technical assistance
to other community partners, the implementation
of safe visitation and exchange programs, and
the implementation of safe child support
procedures; or
``(ii) preventing domestic violence,
particularly as a barrier to economic security,
and fostering healthy relationships.
``(C) Application.--The respective entity and
organization of a healthy family partnership entered
into for purposes of receiving a grant under this
paragraph shall submit a joint application to the
Secretary, at such time and in such manner as the
Secretary shall specify, containing--
``(i) a description of how the partnership
intends to carry out the activities described
in subparagraph (B), including a detailed plan
for how the entity and organization comprising
the partnership will collaborate;
``(ii) an assurance that funds made
available under the grant shall be used to
supplement, and not supplant, other funds used
by the entity or organization to carry out
programs, activities, or services described in
subparagraph (B); and
``(iii) such other information as the
Secretary may require.
``(D) General rules governing use of funds.--
Neither the rules of section 404 (other than subsection
(b) of that section), nor section 417 shall apply to a
grant made under this paragraph.
``(E) Definitions.--In this paragraph:
``(i) Domestic violence.--The term
`domestic violence' means violence between
intimate partners, which involves any form of
physical violence, sexual violence, stalking,
or psychological aggression, by a current or
former intimate partner.
``(ii) Healthy family partnership.--The
term `healthy family partnership' means a
partnership between--
``(I) an entity receiving funds
under--
``(aa) a grant made under
paragraph (2) to promote
healthy marriage or responsible
fatherhood; or
``(bb) the pilot program
established under section 469C;
and
``(II) a domestic violence shelter
and service organization.
``(F) Appropriation.--Out of any money in the
Treasury of the United States not otherwise
appropriated, there are appropriated for each of fiscal
years 2022 through 2025, $25,000,000 to carry out this
paragraph.''.
SEC. 203. PROCEDURES TO ADDRESS DOMESTIC VIOLENCE.
(a) In General.--Section 403(a)(2) of the Social Security Act (42
U.S.C. 603(a)(2)), as amended by subsections (c) and (h) of section
101, is amended--
(1) by redesignating subparagraphs (D) and (E) as
subparagraphs (F) and (G), respectively; and
(2) by inserting after subparagraph (C) the following:
``(D) Requirements for receipt of funds.--An entity
may not be awarded a grant under this paragraph unless
the entity, as a condition of receiving funds under
such a grant--
``(i) agrees to coordinate with the State
domestic violence coalition (as defined in
section 302(11) of the Family Violence
Prevention and Services Act (42 U.S.C.
10402(11)));
``(ii) identifies in its application for
the grant the domestic violence shelter and
service organization at the local, State, or
national level with whom the entity will
partner with respect to the development and
implementation of the programs and activities
of the entity;
``(iii) describes in such application how
the programs or activities proposed in the
application will address, as appropriate,
issues of domestic violence, and contains a
commitment by the entity to consult with
experts in domestic violence or relevant
domestic violence shelter and service
organizations in the community in developing
the programs and activities;
``(iv) describes in such application the
roles and responsibilities of the entity and
the domestic violence shelter and service
organization, including with respect to
training, cross-trainings for each entity,
development of protocols using comprehensive
and evidence-based practices and tools, and
reporting, and the resources that each partner
will be responsible for bringing to the
program;
``(v) on award of the grant, and in
consultation with the domestic violence shelter
and service organization, develops and submits
to the Secretary for approval, a written
protocol using comprehensive and evidence-based
practices and tools which describes--
``(I) how the entity will identify
instances or risks of domestic violence
among participants in the program and
their families;
``(II) the procedures for
responding to such instances or risks,
including making service referrals,
assisting with safety planning, and
providing protections and other
appropriate assistance for identified
individuals and families;
``(III) how confidentiality issues
will be addressed; and
``(IV) the training on domestic
violence that will be provided to
ensure effective and consistent
implementation of the protocol;
``(vi) describes the entity's plan to build
the capacity of program staff and other
partners to address and communicate with
parents about domestic violence;
``(vii) provides an assurance that the
program staff will include a domestic violence
coordinator to serve as the lead staff person
on domestic violence for the entity (which may
be funded with funds made available under the
grant); and
``(viii) in an annual report to the
Secretary, includes a description of the
domestic violence protocols, and a description
of any implementation issues identified with
respect to domestic violence and how the issues
were addressed.
``(E) Domestic violence defined.--In this
paragraph, the term `domestic violence' means violence
between intimate partners, which involves any form of
physical violence, sexual violence, stalking, or
psychological aggression, by a current or former
intimate partner.''.
(b) Conforming Amendments.--Section 403(a)(2) of such Act (42
U.S.C. 603(a)(2)), is further amended--
(1) in subparagraph (A)(i)--
(A) by striking ``and (E)'' and inserting ``(D),
and (G)''; and
(B) by striking ``(D)'' and inserting ``(F)''; and
(2) in subparagraphs (B)(i) and (C)(i), by striking ``(D)''
each place it appears and inserting ``(F)''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2021.
TITLE III--MODERNIZATION OF CHILD SUPPORT ENFORCEMENT
SEC. 301. PILOT PROGRAM TO STAY AUTOMATIC CHILD SUPPORT ENFORCEMENT
AGAINST NON-CUSTODIAL PARENTS PARTICIPATING IN A HEALTHY
MARRIAGE OR RESPONSIBLE FATHERHOOD PROGRAM.
(a) Establishment.--
(1) In general.--The Secretary shall establish a pilot
program to test whether the impact of staying automatic child
support enforcement and cost recovery efforts improves family
outcomes in cases under the State program funded under part A
of title IV of the Social Security Act (42 U.S.C. 601 et seq.)
while a non-custodial parent participates in a healthy marriage
or responsible fatherhood program carried out under section
403(a)(2) of the Social Security Act (42 U.S.C. 603(a)(2)),
under a program funded with qualified State expenditures (as
defined in section 409(a)(7)(B)(i) of such Act (42 U.S.C.
609(a)(7)(B)(i))), or under any other program funded with non-
Federal funds. While a child's non-custodial parent is
participating in a healthy marriage or responsible fatherhood
program that is part of the pilot program established under
this section, an eligible entity participating in the pilot
program--
(A) shall not apply paragraph (3) of section 408(a)
of the Social Security Act (42 U.S.C. 608(a)) to a
family of a child receiving assistance under the State
program funded under part A of title IV of such Act (42
U.S.C. 601 et seq.);
(B) shall not refer the child's case to the State
program funded under part D of title IV of the Social
Security Act (42 U.S.C. 651 et seq.) or apply a penalty
against the child's family based on the custodial
parent's noncooperation with child support activities
with respect to the child under paragraph (2) of
section 408(a) of such Act (42 U.S.C. 608(a)), but
shall provide an exception to the custodial parent
pursuant to section 454(29)(A) of such Act (42 U.S.C.
654(29)(A));
(C) shall not be subject to penalties under section
409(a)(5) of such Act (42 U.S.C. 609(a)(5));
(D) notwithstanding subparagraph (B), any such
individual shall retain the right to apply for child
support services under section 454(4)(A)(ii) of the
Social Security Act (42 U.S.C. 654(4)(A)(ii)) with
respect to a child of the individual;
(E) if the child has an open child support case
with the State agency responsible for administering the
State plan under part D of title IV of the Social
Security Act (42 U.S.C. 651 et seq.), such State
agency, shall suspend any activity to establish or
enforce a support order with respect to the child
(other than to establish the paternity of the child),
and monthly child support obligations shall be
suspended and shall not accrue, but only if both
parents of the child agree in writing to the
suspension; and
(F) if child support activities are suspended in a
case by agreement of both parents in accordance with
subparagraph (E), may exclude the case in determining
applicable percentages based on State performance
levels under section 458 of the Social Security Act (42
U.S.C. 658a), and the Secretary shall disregard the
case in determining whether the State data submitted to
the Secretary are complete and reliable for purposes of
that section and section 452 of such Act (42 U.S.C.
652).
(2) Eligible entity.--In this section, the term ``eligible
entity'' means--
(A) a State;
(B) a unit of local government; or
(C) an Indian tribe or tribal organization (as
defined in subsections (e) and (l) of section 4 of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5304)) that receives direct payments from
the Secretary under section 455(f) of the Social
Security Act (42 U.S.C. 655(f)) or has entered into a
cooperative agreement with a State under section
454(33) of such Act (42 U.S.C. 654(33)).
(3) Application, selection of eligible entities.--
(A) Application.--
(i) In general.--To participate in the
pilot program, an eligible entity shall submit
an application to the Secretary at such time
and in such manner as the Secretary may
require.
(ii) Required information.--An application
to participate in the pilot program shall
include--
(I) an outline of the healthy
marriage or responsible fatherhood
programs that the eligible entity will
partner with for the purposes of
participating in the pilot program,
including a description of each the
eligibility and participation criteria
for each such program;
(II) the goals, strategies, and
desired outcomes of the eligible
entity's proposed participation in the
pilot program; and
(III) such other information as the
Secretary shall require.
(B) Selection of eligible entities.--Not later than
September 30, 2021, the Secretary shall select at least
10 eligible entities to participate in the pilot
program.
(4) Duration of pilot program.--The Secretary shall conduct
the pilot program during the 4-year period that begins with
fiscal year 2022 and ends with fiscal year 2025.
(5) Data collection and reporting.--Throughout the pilot
period, an eligible entity participating in the pilot program
shall collect and report to the Secretary such data related to
the entity's participation in the pilot program as the
Secretary shall require.
(b) GAO Report.--
(1) Study.--The Comptroller General of the United States
shall study the implementation and impact of the pilot program
established under subsection (a).
(2) Report.--Not later than January 1, 2026, the
Comptroller General shall submit a report to Congress on the
results of the study required under paragraph (1) that includes
information on the following:
(A) How State agencies responsible for
administering the State program funded under part A of
title IV of the Social Security Act (42 U.S.C. 601 et
seq.) and the State agency responsible for
administering the State plan under part D of title IV
of such Act (42 U.S.C. 651 et seq.) designate healthy
marriage or responsible fatherhood programs as eligible
programs for purposes of the pilot program and what
types of organizations have programs so designated,
including whether such programs are funded under a
grant made under section 403(a)(2) of such Act (42
U.S.C. 603(a)(2)), under a program funded with
qualified State expenditures (as defined in section
409(a)(7)(B)(i) of such Act (42 U.S.C.
609(a)(7)(B)(i))), or under any other program funded
with non-Federal funds.
(B) The types of activities and services designated
programs provide, including the extent to which any
such activities and services are intended for domestic
violence victims and survivors.
(C) An assessment of how the designated programs
compare to other entities receiving a grant under
section 403(a)(2) of such Act (42 U.S.C. 603(a)(2)),
under a program funded with qualified State
expenditures (as defined in section 409(a)(7)(B)(i) of
such Act (42 U.S.C. 609(a)(7)(B)(i))), or under any
other program funded with non-Federal funds, with
respect to the information described in subparagraphs
(A) and (B).
(D) Recommendations for such administrative or
legislative action as the Comptroller General
determines appropriate.
SEC. 302. CLOSURE OF CERTAIN CHILD SUPPORT ENFORCEMENT CASES.
Section 454(4)(A) of the Social Security Act (42 U.S.C. 654(4)(A))
is amended--
(1) by striking clause (i) and inserting the following:
``(i) a child living apart from 1 or both
parents for whom (I) assistance is provided
under the State program funded under part A of
this title, (II) benefits or services for
foster care maintenance are provided under the
State program funded under part E of this
title, (III) medical assistance is provided
under the State plan approved under title XIX,
or (IV) cooperation is required pursuant to
section 6(l)(1) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2015(l)(1)) unless, in
accordance with paragraph (29), good cause or
other exceptions exist, or in the event that
the State agency becomes aware after opening a
child support case upon referral from another
program that both parents of the child comprise
an intact 2-parent household (even if a parent
is temporarily living elsewhere), and neither
parent has applied for child support services
under clause (ii), in which case the State
agency shall notify the referring program and
each parent that the case will be closed within
60 days of the date of such notice unless
either parent contacts the State agency and
requests that the case remain open; and''; and
(2) in clause (ii), by inserting ``living apart from 1 or
both parents'' after ``any other child''.
TITLE IV--PARENTING TIME SERVICES PILOT PROGRAM
SEC. 401. PARENTING TIME SERVICES PILOT PROGRAM.
Part D of title IV of the Social Security Act (42 U.S.C. 651 et
seq.) is amended by adding at the end the following:
``SEC. 469C. PARENTING TIME SERVICES PILOT PROGRAM.
``(a) Establishment.--
``(1) In general.--Not later than June 30, 2021, the
Secretary shall establish a pilot program (referred to in this
section as the `pilot program') to provide payments to State,
local, and tribal agencies responsible for administering the
program under this part (referred to in this section as
`eligible entities') for carrying out the activities described
in subsection (d) for the purpose of promoting the inclusion of
uncontested parenting time agreements in child support orders.
Expenditures for activities carried out by a State, local, or
tribal agency participating in the pilot program shall be
treated as expenditures authorized under the State or tribal
plan approved under this part, without regard to whether such
expenditures would otherwise be a permissible use of funds
under such plan.
``(2) No budget neutrality required.--No budget neutrality
requirement shall apply to the pilot program.
``(b) Application, Selection of Eligible Entities, and Duration.--
``(1) Application.--
``(A) In general.--To participate in the pilot
program, an eligible entity shall submit an application
to the Secretary at such time and in such manner as the
Secretary may require.
``(B) Required information.--An application to
participate in the pilot program shall include the
following:
``(i) The identity of the courts or
judicial or administrative agencies with which
the eligible entity will coordinate activities
carried out under the pilot program.
``(ii) The identity of the local, State, or
national level domestic violence shelter and
service organization with which the eligible
entity will partner with to develop and
implement the procedures to address domestic
violence required under subsection (d).
``(iii) A description of the role and
responsibilities of each of such partner with
respect to developing and implementing the
procedures required under subsection (d), and
of the resources that each partner will
contribute to developing and implementing such
procedures.
``(iv) Such other information as the
Secretary shall require.
``(2) Selection of eligible entities.--Not later than
September 30, 2021, the Secretary shall select at least 12
eligible entities to participate in the pilot program, at least
2 of which shall be tribal agencies described in subsection
(b).
``(3) Duration of pilot program.--The Secretary shall
conduct the pilot program during the 5-year period that begins
with fiscal year 2022 and ends with fiscal year 2026.
``(c) Authorized Activities.--An eligible entity participating in
the pilot program shall carry out the following activities:
``(1) Establishing parent time plans in conjunction with
the establishment of a child support order.
``(2) Coordinating with the custodial and non-custodial
parent when establishing a parent time plan.
``(3) Supervising and facilitating parents' visitation and
access to their children, including virtual visitation in
situations where in-person visitation is not practicable.
``(4) Providing parents with legal information and
referrals related to parenting time.
``(5) Coordinating with domestic violence shelter and
service organizations.
``(6) Employing a staff member to serve as a domestic
violence coordinator.
``(7) Such other activities related to promoting the
inclusion of uncontested parenting time agreements in child
support orders as the Secretary may approve.
``(d) Program Requirements.--As a condition of receiving payments
under the pilot program, an eligible entity shall meet the following
requirements:
``(1) Procedures to address domestic violence.--Not later
than 3 months after the eligible entity is selected to
participate in the pilot program, the eligible entity, in
consultation with the State domestic violence coalition (as
defined in section 302(11) of the Family Violence Prevention
and Services Act (42 U.S.C. 10402(11))) and the domestic
violence shelter and service organization with which the entity
is partnering, shall do the following:
``(A) Develop, and submit to the Secretary for
approval, written protocols for use by the eligible
entity in carrying out activities under the pilot
program that are based on comprehensive and evidence-
based practices and tools for--
``(i) identifying instances of domestic
violence and situations where there is a risk
of domestic violence;
``(ii) responding to any instances of
domestic violence and situations where there is
a risk of domestic violence that are so
identified, including by making referrals to
domestic violence intervention and prevention
services, assisting with safety planning, and
providing protections and other appropriate
assistance to individuals and families who are
victims or potential victims of domestic
violence;
``(iii) addressing confidentiality issues
related to identifying and responding to
instances of domestic violence and situations
where there is a risk of domestic violence; and
``(iv) providing domestic violence
awareness and intervention and prevention
training to ensure the effective and consistent
implementation of the protocols developed under
this subparagraph.
``(B) Build the capacity of the staff of the
eligible entity and the domestic violence shelter and
service organization partner of the entity to
communicate with parents about domestic violence.
``(C) Appoint a staff member of the eligible entity
or the domestic violence shelter and service
organizations to serve as the domestic violence
coordinator for purposes of the activities carried out
under the pilot program.
``(D) Submit a final report to the Secretary
describing--
``(i) the protocols established by the
eligible entity to address domestic violence;
and
``(ii) any issues that the eligible entity
encountered in implementing such protocols and
if so, how the eligible entity addressed such
issues.
``(2) Data collection and reporting.--Throughout the pilot
period, an eligible entity participating in the pilot program
shall collect and report to the Secretary such data related to
the entity's participation in the pilot program as the
Secretary shall require.
``(e) Payments to Eligible Entities.--
``(1) In general.--For each quarter during the pilot period
described in subsection (b)(3), the Secretary shall pay to each
eligible entity participating in the pilot program an amount
equal to the applicable percentage specified in paragraph (2)
of the amounts expended by the entity during the quarter to
carry out the pilot program. Such payments shall be made in
addition to, and as part of, the quarterly payment made to the
eligible entity under section 455(a)(1). Amounts expended by an
eligible entity participating in the pilot program shall be
treated as amounts expended for a purpose for which a quarterly
payment is available under section 455(a)(1)(A), without regard
to whether payment would otherwise be available under such
section in the absence of the pilot program (and subject to the
application of the applicable percentage for such quarter under
paragraph (2) in lieu of the percentage that would otherwise
apply under such section (if any)).
``(2) Applicable percentage.--The applicable percentage
specified in this paragraph is--
``(A) in the case of payments made for the first 8
quarters of the pilot period, 100 percent; and
``(B) in the case of payments made for each
subsequent quarter of the pilot period, 66 percent (80
percent in the case of an eligible entity that is a
tribal agency).
``(3) Sunset for payments.--In no case may payments be
provided by the Secretary for amounts expended by an eligible
entity to carry out the pilot program for any quarter of a
fiscal year after fiscal year 2026.
``(f) Evaluation of Pilot Program.--
``(1) In general.--The Secretary shall conduct (directly or
by grant, contract, or interagency agreement) a comprehensive
evaluation of the pilot program that satisfies the requirements
of this subsection.
``(2) Deadline.--Not later than 1 year after the pilot
program ends, the Secretary shall submit to Congress a report
containing the results of such comprehensive evaluation.
``(3) Evaluation requirements.--
``(A) In general.--A comprehensive evaluation
satisfies the requirements of this subsection if--
``(i) the evaluation is designed to
identify successful activities for creating
opportunities for developing and sustaining
parenting time to--
``(I) build evidence of the
effectiveness of such activities;
``(II) determine the lessons
learned (including barriers to success)
from such activities; and
``(III) to the extent practicable,
help build local evaluation capacity,
including the capacity to use
evaluation data to inform continuous
program improvement; and
``(ii) the evaluation includes research
designs that encourage innovation and reflect
the nature of the activities undertaken,
successful implementation efforts, and the
needs of the communities, without prioritizing
efficacy research over effectiveness research.
``(B) Randomized controlled trials.--A
comprehensive evaluation conducted in accordance with
this subsection may, but shall not be required to,
include a randomized controlled trial.
``(4) Report requirements.--The report on the comprehensive
evaluation conducted in accordance with this subsection shall
include the following:
``(A) An assessment of the process used to assist
parents in developing and establishing parenting time
agreements and the number of parenting time agreements
established during the pilot program.
``(B) An assessment of the impact of the pilot
program on child support payment outcomes, including
payment behaviors such as the amount of monthly
payments, the frequency of monthly payments, and the
frequency and type of non-financial assistance.
``(C) An assessment of the access barriers to
establishing and complying with parenting time
agreements, and the effectiveness of methods used by
the pilot projects to address barriers.
``(D) An assessment of the impact of the pilot
program on co-parenting quality.
``(E) An assessment of the impact of the pilot
program on relationships between custodial and non-
custodial parents.
``(F) An assessment of the impact of the pilot
program on relationships between non-custodial parents
and their children.
``(G) Data on the incidence and prevalence of
domestic violence between custodial and non-custodial
parents during the course of the pilot program.
``(H) A detailed description of the procedures used
to address incidents of domestic violence between
custodial and non-custodial parents during the course
of the pilot program.
``(I) An assessment of the impact of the pilot
program on increasing custodial and non-custodial
parents' knowledge about domestic violence.
``(5) Appropriation.--Out of any money in the Treasury not
otherwise appropriated, there is appropriated to the Secretary
to carry out this subsection $1,000,000 for each of fiscal
years 2022 through 2026, to remain available until expended.
``(g) Domestic Violence Defined.--In this section, the term
`domestic violence' means violence between intimate partners, which
involves any form of physical violence, sexual violence, stalking, or
psychological aggression, by a current or former intimate partner.''.
TITLE V--IMPROVEMENTS TO THE CHILD SUPPORT PASS-THROUGH REQUIREMENTS
SEC. 501. CHILD SUPPORT PASS-THROUGH PROGRAM IMPROVEMENTS.
(a) Pass-Through of All Current Support Amounts and Arrearages
Collected for Current and Former TANF Families.--Section 457 of the
Social Security Act (42 U.S.C. 657) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``and (e)'' and inserting ``, (e), (f), and
(g)''; and
(2) by adding at the end the following:
``(f) Distribution of Current Support Amount and Arrearages
Collected for TANF Families.--
``(1) TANF families.--Subject to subsections (d), (e), and
(g), beginning October 1, 2023--
``(A) paragraph (1) of subsection (a) shall no
longer apply to the distribution of amounts collected
on behalf of a TANF family as support by a State
pursuant to a plan approved under this part;
``(B) the State shall pay to a TANF family all of
the current support amount collected by the State on
behalf of the family and all of any excess amount
collected on behalf of the family to the extent
necessary to satisfy support arrearages; and
``(C) for purposes of determining eligibility for,
and the amount and type of, assistance from the State
under the State program funded under part A, the State
shall disregard the current support amount paid to a
TANF family and shall disregard the current support
amount paid to any family that is an applicant for
assistance under the State program funded under part A.
``(2) Former tanf families.--
``(A) In general.--Subject to subsections (e) and
(g), beginning October 1, 2025--
``(i) subsection (a)(2) shall no longer
apply to the distribution of amounts collected
on behalf of a former TANF family as support by
a State pursuant to a plan approved under this
part or to support obligations assigned by the
family; and
``(ii) the State shall pay to a former TANF
family all of the current support amount
collected by the State on behalf of the family
and all of any excess amount collected on
behalf of the family to the extent necessary to
satisfy support arrearages (and the State shall
treat amounts collected pursuant to an
assignment by the family as if the amounts had
never been assigned and shall distribute the
amounts to the family in accordance with
subsection (a)(4)).
``(B) State option for earlier implementation.--A
State may elect to apply subparagraph (A) to the
distribution of amounts collected on behalf of a former
TANF family as support by a State pursuant to a plan
approved under this part beginning on the first day of
any quarter of fiscal year 2024 or 2025.
``(3) Definitions.--In this subsection:
``(A) TANF family.--The term `TANF family' means a
family receiving assistance from the State under the
State program funded under part A.
``(B) Former tanf family.--The term `former TANF
family' means a family that formerly received
assistance from the State under the State program
funded under part A.
``(C) Excess amount.--The term `excess amount'
means, with respect to amounts collected by a State as
support on behalf of a family, the amount by which such
amount collected exceeds the current support amount.''.
(b) Temporary Increase in Matching Rate.--Section 455(a)(3) of such
Act (42 U.S.C. 655(a)(3)) is amended to read as follows:
``(3)(A) The Secretary shall pay to each State, for each quarter of
fiscal years 2022 and 2023, 90 percent of so much of the State
expenditures described in paragraph (1)(B) for the quarter as the
Secretary finds are for a system meeting the requirements specified in
sections 454(16) and 454A.
``(B) In the case of a State which elects the option under
subparagraph (B) of section 457(f)(2) to apply subparagraph (A) of that
section to the distribution of amounts collected on behalf of a former
TANF family (as defined in subparagraph (B) of section 457(f)(3)) as
support by a State pursuant to a plan approved under this part
beginning on the first day of any quarter of fiscal year 2024 or 2025,
the Secretary shall pay to the State for each quarter of fiscal year
2024 and 2025 for which such an election has been made, 90 percent of
so much of the State expenditures described in paragraph (1)(B) for the
quarter as the Secretary finds are for a system meeting the
requirements specified in sections 454(16) and 454A.
``(C) This paragraph shall not apply to State expenditures
described in paragraph (1)(B) for any quarter beginning on or after
September 30, 2024 (September 30, 2023, in the case of a State that
does not elect the option described in subparagraph (B)).''.
(c) Transition to Elimination of Excepted Portion for Pass-Through
Disregard Option.--
(1) In general.--Subparagraph (B) of section 457(a)(6) of
such Act (42 U.S.C. 657(a)(6)) is amended to read as follows:
``(B) Families that currently receive assistance
under part a.--During each of fiscal years 2021, 2022,
and 2023, in the case of a family that receives
assistance from the State under the State program
funded under part A, a State shall not be required to
pay to the Federal Government the Federal share of an
amount collected on behalf of a family receiving
assistance from the State under the State program
funded under part A to the extent that the State--
``(i) pays the amount to the family; and
``(ii) disregards all of the amount
collected that does not exceed the current
support amount for purposes of determining the
family's eligibility for, and the amount and
type of, assistance from the State under the
State program funded under part A.''.
(2) Conforming amendment.--Section 457(a)(6) of such Act
(42 U.S.C. 657(a)(6)) is amended in the heading, by inserting
``; transition to elimination of excepted portion'' after
``participation''.
(d) Amounts Collected on Behalf of Families Receiving Foster Care
Maintenance Payments.--
(1) In general.--Section 457 of such Act (42 U.S.C. 657) as
amended by subsection (a), is further amended by adding at the
end the following:
``(g) Distribution of Amounts Collected on Behalf of a Child for
Whom Foster Care Maintenance Payments Are Being Made.--
``(1) In general.--Beginning October 1, 2023--
``(A) subsection (e) shall no longer apply to the
distribution of amounts collected by a State as child
support for months in any period on behalf of a child
for whom a public agency is making foster care
maintenance payments under part E;
``(B) with respect to the current support amount
collected by the State on behalf of the child, the
State shall elect to--
``(i) pay such amount to a foster parent of
the child or a kinship caregiver for the child
whenever practicable, or to the person
responsible for meeting the child's day-to-day
needs; or
``(ii) deposit such amount in a savings
account to be used for the child's future needs
in the event of the child's reunification with
family from which the child was removed
(including for reunification services for the
child and family);
``(C) to the extent any amount collected exceeds
the current support amount and, after the beginning of
the period in which a public agency began making foster
care maintenance payments under part E on behalf of the
child, support arrearages have accrued with respect to
the child, the State shall deposit such excess amount
into a savings account to be used for the child's
future needs; and
``(D) when the child is returned to the family from
which the child was removed, or placed for adoption,
with a legal guardian, or, if adoption or legal
guardianship is determined not to be safe and
appropriate for a child, in some other planned,
permanent living arrangement, any amount in such
savings account shall--
``(i) if the child has attained age 18, be
transferred to the child; or
``(ii) if the child has not attained age
18, be maintained in such account until the
child attains such age, and shall be
transferred to the child when the child attains
such age.
``(2) Administration.--The State agency responsible for
administering the program under this part shall be responsible
for the distribution under this subsection of amounts collected
on behalf of a child for whom a public agency is making foster
care maintenance payments under part E.''.
(2) GAO report.--
(A) Study.--The Comptroller General of the United
States shall study the implementation and impact of the
requirements for distribution of amounts collected on
behalf of a child for whom foster care maintenance
payments are being made under subsection (g) of section
457 of the Social Security Act (42 U.S.C. 657) as added
by paragraph (1).
(B) Report.--Not later than January 1, 2027, the
Comptroller General shall submit a report to Congress
on the results of the study required under paragraph
(1) that includes information on the following:
(i) A description of how States have
elected to implement the distribution
requirements of such subsection, including with
respect to the choices States make regarding
how much of current support amounts are paid to
foster families, saved in the event of a
child's reunification with the family from
which the child was removed, or saved for the
child's future needs.
(ii) A description of how States distribute
or use amounts saved in the event of a child's
reunification with the family from which the
child was removed, including the extent to
which such amounts are used to provide
reunification services for the child and family
or distributed in full to the family.
(iii) Recommendations regarding best
practices regarding distributions made under
such subsection, along with recommendations for
such administrative or legislative action as
the Comptroller General determines appropriate.
(e) Elimination of Option To Apply Former Distribution Rules for
Families Formerly Receiving Assistance.--
(1) In general.--Section 454 of such Act (42 U.S.C. 654) is
amended--
(A) in paragraph (32)(C), by adding ``and'' after
the semicolon;
(B) in paragraph (33), by striking ``; and'' and
inserting a period; and
(C) by striking paragraph (34).
(2) Effective date.--The amendments made by paragraph (1)
take effect on October 1, 2023.
(f) Conforming Amendments.--
(1) Section 454B(c)(1) of such Act (42 U.S.C. 654b(c)(1))
is amended by striking ``457(a)'' and inserting ``457''.
(2) Section 457 of such Act (42 U.S.C. 657), as amended by
subsections (a) and (d), is further amended--
(A) in subsection (c), in the matter preceding
paragraph (1), by striking ``subsection (a)'' and
inserting ``subsections (a), (f), and (g)''; and
(B) in subsection (e), in the matter preceding
paragraph (1), by striking ``Notwithstanding the
preceding provisions of this section, amounts'' and
inserting ``Subject to subsection (g), amounts''.
SEC. 502. IMPROVING STATE DOCUMENTATION AND REPORTING OF CHILD SUPPORT
COLLECTION DATA.
(a) State Plan Requirement.--Paragraph (10) of section 454(10) of
the Social Security Act (42 U.S.C. 654(10)) is amended to read as
follows:
``(10) provide that the State will--
``(A) maintain a full record of collections and
disbursements made under the plan and have an adequate
reporting system; and
``(B) document outcomes with respect to each child
support obligation that is enforced by the State,
including monthly support payment amounts
(distinguishing between full monthly payments and
partial monthly payments) and the frequency of monthly
support payments for each such case and include
information on such outcomes in the annual report
required under paragraph (15);''.
(b) Inclusion in Annual Report by the Secretary.--Section
452(a)(10)(A) of such Act (42 U.S.C. 652(a)(10)(A)) is amended--
(1) in clause (ii), by striking ``and'' after the
semicolon;
(2) in clause (iii)(II), by adding ``and'' after the
semicolon; and
(3) by adding at the end the following:
``(iv) information on the documented
outcomes with respect to each child support
obligation that was enforced under a State plan
approved under this part during the fiscal
year, as required under paragraph (10) of
section 454 and included in the annual report
required under paragraph (15) of that
section;''.
TITLE VI--PROGRAM FLEXIBILITY DURING THE COVID-19 PANDEMIC
SEC. 601. EMERGENCY TANF FLEXIBILITY.
(a) In General.--With respect to the period that begins on March 1,
2020, and ends September 30, 2021:
(1) Sections 408(a)(2), 409(a)(5), and 409(a)(8) of the
Social Security Act shall have no force or effect.
(2) Notwithstanding section 466(d) of such Act, the
Secretary may exempt a State from any requirement of section
466 of such Act to respond to the COVID-19 pandemic, except
that the Secretary may not exempt a State from any requirement
to--
(A) provide a parent with notice of a right to
request a review and, if appropriate, adjustment of a
support order; or
(B) afford a parent the opportunity to make such a
request.
(3) The Secretary may not impose a penalty or take any
other adverse action against a State pursuant to section
452(g)(1) of such Act for failure to achieve a paternity
establishment percentage of less than 90 percent.
(4) The Secretary may not find that the paternity
establishment percentage for a State is not based on reliable
data for purposes of section 452(g)(1) of such Act, and the
Secretary may not determine that the data which a State
submitted pursuant to section 452(a)(4)(C)(i) of such Act and
which is used in determining a performance level is not
complete or reliable for purposes of section 458(b)(5)(B) of
such Act, on the basis of the failure of the State to submit
OCSE Form 396 or 34 in a timely manner.
(5) The Secretary may not impose a penalty or take any
other adverse action against a State for failure to comply with
section 454B(c)(1) or 454A(g)(1)(A)(i) of such Act.
(6) The Secretary may not disapprove a State plan submitted
pursuant to part D of title IV of such Act for failure of the
plan to meet the requirement of section 454(1) of such Act, and
may not impose a penalty or take any other adverse action
against a State with such a plan that meets that requirement
for failure to comply with that requirement.
(7) To the extent that a preceding provision of this
section applies with respect to a provision of law applicable
to a program operated by an Indian tribe or tribal organization
(as defined in subsections (e) and (l) of section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b)), that preceding provision shall apply with
respect to the Indian tribe or tribal organization.
(8) Any increase in the Federal medical assistance
percentage for a State resulting from the application of this
subsection shall not be taken into account for purposes of
calculating the Federal share of assigned collections paid by
the State to the Federal Government under section 457 of the
Social Security Act (42 U.S.C. 657).
(b) State Defined.--In subsection (a), the term ``State'' has the
meaning given the term in section 1101(a) of the Social Security Act
for purposes of title IV of such Act.
(c) Technical Correction.--Section 6008 of the Families First
Coronavirus Response Act (42 U.S.C. 1396d note) is amended by adding at
the end the following:
``(e) Scope of Application.--An increase in the Federal medical
assistance percentage for a State under this section shall not be taken
into account for purposes of calculating the Federal share of assigned
collections paid by the State to the Federal Government under section
457 of the Social Security Act (42 U.S.C. 657).''.
(d) State Performance Year for Incentive Payments.--Notwithstanding
section 458 of the Social Security Act (42 U.S.C. 658a), the data which
a State submitted pursuant to section 454(15)(B) of such Act (42 U.S.C.
654(15)(B)) for fiscal year 2019 and which the Secretary has determined
is complete and reliable shall be used to determine the performance
level for each measure of State performance specified in section
458(b)(4) of such Act for each of fiscal years 2020 and 2021.
SEC. 602. 2020 RECOVERY REBATES NOT SUBJECT TO REDUCTION OR OFFSET WITH
RESPECT TO PAST-DUE SUPPORT.
(a) In General.--Section 2201(d)(2) of the CARES Act is amended by
inserting ``(c),'' before ``(d)''.
(b) Effective Date.--The amendment made by this section shall apply
to credits and refunds allowed or made after the date of the enactment
of this Act.
SEC. 603. PROTECTION OF 2020 RECOVERY REBATES.
(a) In General.--Subsection (d) of section 2201 of the CARES Act
(Public Law 116-136) is amended--
(1) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), and by moving such
subparagraphs 2 ems to the right,
(2) by striking ``Reduction or Offset.--Any credit'' and
inserting ``Reduction, Offset, Garnishment, etc.--
``(1) In general.--Any credit'', and
(3) by adding at the end the following new paragraphs:
``(2) Assignment of benefits.--
``(A) In general.--The right of any person to any
applicable payment shall not be transferable or
assignable, at law or in equity, and no applicable
payment shall be subject to, execution, levy,
attachment, garnishment, or other legal process, or the
operation of any bankruptcy or insolvency law.
``(B) Encoding of payments.--As soon as
practicable, but not earlier than 10 days after the
date of the enactment of this paragraph, in the case of
an applicable payment that is paid electronically by
direct deposit through the Automated Clearing House
(ACH) network, the Secretary of the Treasury (or the
Secretary's delegate) shall--
``(i) issue the payment using a unique
identifier that is reasonably sufficient to
allow a financial institution to identify the
payment as an applicable payment, and
``(ii) further encode the payment pursuant
to the same specifications as required for a
benefit payment defined in section 212.3 of
title 31, Code of Federal Regulations.
``(C) Garnishment.--
``(i) Encoded payments.--In the case of a
garnishment order received after the date that
is 10 days after the date of the enactment of
this paragraph and that applies to an account
that has received an applicable payment that is
encoded as provided in subparagraph (B), a
financial institution shall follow the
requirements and procedures set forth in part
212 of title 31, Code of Federal Regulations,
except a financial institution shall not, with
regard to any applicable payment, be required
to provide the notice referenced in sections
212.6 and 212.7 of title 31, Code of Federal
Regulations. This paragraph shall not alter the
status of applicable payments as tax refunds or
other nonbenefit payments for purpose of any
reclamation rights of the Department of the
Treasury or the Internal Revenue Service as per
part 210 of title 31 of the Code of Federal
Regulations.
``(ii) Other payments.--If a financial
institution receives a garnishment order, other
than an order that has been served by the
United States or an order that has been served
by a Federal, State, or local child support
enforcement agency, that has been received by a
financial institution after the date that is 10
days after the date of the enactment of this
paragraph and that applies to an account into
which an applicable payment that has not been
encoded as provided in subparagraph (B) has
been deposited electronically or by an
applicable payment that has been deposited by
check on any date in the lookback period, the
financial institution, upon the request of the
account holder, shall treat the amount of the
funds in the account at the time of the
request, up to the amount of the applicable
payment (in addition to any amounts otherwise
protected under part 212 of title 31, Code of
Federal Regulations), as exempt from a
garnishment order without requiring the consent
of the party serving the garnishment order or
the judgment creditor.
``(iii) Liability.--A financial institution
that acts in good faith in reliance on clauses
(i) or (ii) shall not be subject to liability
or regulatory action under any Federal or State
law, regulation, court or other order, or
regulatory interpretation for actions
concerning any applicable payments.
``(D) Definitions.--For purposes of this
paragraph--
``(i) Account holder.--The term `account
holder' means a natural person whose name
appears in a financial institution's records as
the direct or beneficial owner of an account.
``(ii) Account review.--The term `account
review' means the process of examining deposits
in an account to determine if an applicable
payment has been deposited into the account
during the lookback period. The financial
institution shall perform the account review
following the procedures outlined in section
212.5 of title 31, Code of Federal Regulations
and in accordance with the requirements of
section 212.6 of title 31, Code of Federal
Regulations.
``(iii) Applicable payment.--The term
`applicable payment' means any payment of
credit or refund by reason of section 6428 of
the Internal Revenue Code of 1986 (as so added)
or by reason of subsection (c) of this section.
``(iv) Garnishment.--The term `garnishment'
means execution, levy, attachment, garnishment,
or other legal process.
``(v) Garnishment order.--The term
`garnishment order' means a writ, order,
notice, summons, judgment, levy, or similar
written instruction issued by a court, a State
or State agency, a municipality or municipal
corporation, or a State child support
enforcement agency, including a lien arising by
operation of law for overdue child support or
an order to freeze the assets in an account, to
effect a garnishment against a debtor.
``(vi) Lookback period.--The term `lookback
period' means the two month period that begins
on the date preceding the date of account
review and ends on the corresponding date of
the month two months earlier, or on the last
date of the month two months earlier if the
corresponding date does not exist.''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
TITLE VII--EFFECTIVE DATE
SEC. 701. EFFECTIVE DATE.
(a) In General.--Except as otherwise provided in this Act, the
amendments made by this Act shall take effect on the date of enactment
of this Act 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 the
amendments (in the case of State programs operated under such part D)
are promulgated by such date.
(b) Exception for State Plans Requiring State Law Amendments.--In
the case of a State plan under part A or D of title IV of the Social
Security Act which the Secretary determines requires State legislation
in order for the plan to meet the additional requirements imposed by
the amendments made by this Act, the effective date of the amendments
imposing the additional requirements shall be 3 months after 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 the preceding
sentence, in the case of a State that has a 2-year legislative session,
each year of the session shall be considered to be a separate regular
session of the State legislature.
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