Page:United States Statutes at Large Volume 98 Part 2.djvu/146

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PUBLIC LAW 98-000—MMMM. DD, 1984

98 STAT. 1306 42 USC 601.

PUBLIC LAW 98-378—AUG. 16, 1984

part to all children (whether or not eligible for aid under part A) for whom such assistance is requested,". IMPROVED CHILD SUPPORT ENFORCEMENT THROUGH REQUIRED STATE LAWS AND PROCEDURES

42 USC 654.

SEC. 8. (a) Section 454 of the Social Security Act is amended— (1) by striking out "and" at the end of paragraph (18); (2) by striking out the period at the end of paragraph (19) and inserting in lieu thereof "; and"; and (3) by adding after paragraph (19) the following new paragraph: "(20) provide, to the extent required by section 466, that the State (A) shall have in effect all of the laws to improve child support enforcement effectiveness which are referred to in that section, and (B) shall implement the procedures which are prescribed in or pursuant to such laws.", (b) Part D of title IV of such Act is further amended by adding at the end thereof the following new section: "REQUIREMENT OF STATUTORILY PRESCRIBED PROCEDURES TO IMPROVE EFFECTIVENESS OF CHILD SUPPORT ENFORCEMENT

42 USC 666. Supra.

Ante, p. 1145. Post, p. 1317. 42 USC 602. Post, p, 1318. Post, pp. 1310, 1319, 1324. 42 USC 654.

"SEC. 466. (a) In order to satisfy section 454(20)(A), each State must have in effect laws requiring the use of the following procedures, consistent with this section and with regulations of the Secretary, to increase the effectiveness of the program which the State administers under this part: "(1) Procedures described in subsection (b) for the withholding from income of amounts payable as support. "(2) Procedures under which expedited processes (determined in accordance with regulations of the Secretary) are in effect under the State judicial system or under State administrative processes (A) for obtaining and enforcing support orders, and (B) at the option of the State, for establishing paternity. The Secretary may waive the provisions of this paragraph with respect to one or more political subdivisions within the State on the basis of the effectiveness and timeliness of support order issuance and enforcement within the political subdivision (in accordance with the general rule for exemptions under subsection (d)). "(3) Procedures under which the State child support enforcement agency shall request, and the State shall provide, that for the purpose of enforcing a support order under any State plan approved under this part— "(A) any refund of State income tax which would otherwise be payable to an absent parent will be reduced, after notice has been sent to that absent parent of the proposed reduction and the procedures to be followed to contest it (and after full compliance with all procedural due process requirements of the State), by the amount of any overdue support owed by such absent parent; (B) the amount by which such refund is reduced shall be distributed in accordance with section 457(b)(4) or (d)(3) in the CEise of overdue support assigned to a State pursuant to section 402(a)(26) or 471(a)(17), or, in the case of overdue support which a State has agreed to collect under section 454(6), shall be distributed, after deduction of any fees