Sec. 4. Centralized and accessible lien registry
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Section 466(a)(4) (42 U.S.C. 666(a)(4)) is amended to read as follows: Procedures under which— liens arise by operation of law against real and personal property for amounts of overdue support owed by a noncustodial parent who resides or owns property in the State; all liens described in subparagraph
(A)are reported to a centralized lien registry that is maintained in accordance with section 4(b) of the Strengthen and Vitalize Enforcement of Child Support (SAVE Child Support) Act ; the State accords full faith and credit to liens described in subparagraph
(A)arising in another State, when the State agency, party, or other entity seeking to enforce such a lien registers the lien with the Registry and does not require judicial notice or a hearing prior to the enforcement of such liens; and the State ensures that any real or personal property with a lien described in subparagraphs
(A)or
(C)that has been reported to the centralized lien registry cannot be transferred, sold, or otherwise disposed of, any insurance claim described in section 4(b)(1)(C) of the Strengthen and Vitalize Enforcement of Child Support (SAVE Child Support) Act cannot be paid, any estate cannot be settled, and any lump sum pension payment cannot be made until a search of the registry has been made in accordance with section 4(b) of such Act. . For purposes of section 466(a)(4) of the Social Security Act, the State shall establish and maintain a centralized lien registry (referred to in this subsection as a Registry ), or otherwise ensure that it has access to a Registry, that satisfies the requirements of this subsection and is accessible by the following individuals and entities, all of whom are required to share information with the Registry (subject to such requirements as the Secretary determines appropriate) and search the Registry prior to making any sale or distribution of property or funds: Any individual against whom a lien against real or personal property for overdue support is placed. Any individual or entity transferring real property or registered personal property. Any insurer, as defined in section 466(a)(20)(B)(i) of such Act, paying an insurance claim consisting of a non-recurring payment of $2,000 or more. Any State or entity making a payment related to unemployment compensation benefits, workers' compensation, or proceeds from a State lottery. Any State or entity issuing driver's licenses, professional and occupational licenses. Any individual or entity making a lump sum pension payment. The executor of any estate. Any other individual or entity specified by the State or the Secretary. The Secretary shall work in coordination with States and other appropriate stakeholders to ensure that, not later than January 1, 2015, each State has established or has access to a Registry. The Secretary may designate additional entities, including Federal, State, and local officials, that may search and share information with the Registry, subject to such conditions and requirements as the Secretary determines appropriate. The Registry shall allow individuals and entities described in paragraph
(1)to search the Registry through a data match process using an individual’s name, Social Security number, taxpayer identification number, or other accurate and verifiable personal identification number. If a search of the Registry results in a match that a lien against real or personal property for overdue support exists with respect to a debtor, the following information, at a minimum, shall be made available to the individual or entity initiating the search: The amount of the lien. The contact information for the State agency responsible for administering the State plan under part D of title IV of the Social Security Act. The process for paying the underlying debt up to the amount of the lien. The process for discharging the lien. If a search of the Registry results in no match, the Registry shall permit the individual or entity initiating the search to print a certificate or letter stating that, as of the time and date of the search, there was no outstanding lien against real or personal property for overdue support reported in the Registry with respect to the individual that was the subject of the search. The State shall have procedures under which— if a search of the Registry reveals a lien against real or personal property for overdue support, any proceeds from the sale, transfer or distribution shall be applied to satisfy the lien before the lien may be discharged; and upon satisfaction of such a lien, the lien is expeditiously discharged and recorded as such in the Registry in a timely manner. The State shall have procedures for providing adequate notice to an individual with respect to whom a lien against real or personal property for overdue support is included in the Registry and for allowing an individual to challenge the existence of, or amount of, any such lien reported to the Registry. Section 466(a)(17)(A) ( 42 U.S.C. 666(a)(17)(A) ) is amended— in clause (i), by striking and at the end; by redesignating clause
(ii)as clause (iii); and by inserting after clause
(i)the following new clause: to ensure that any information provided by such financial institutions for purposes of the data match system is matched against the records in the centralized lien registry described in paragraph (4); and .
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Sec. 4
Centralized and accessible lien registry
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