Sec. 301. Pilot program to stay automatic child support enforcement against non-custodial parents participating in a healthy marriage or responsible fatherhood program
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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— 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.); 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) ); shall not be subject to penalties under section 409(a)(5) of such Act ( 42 U.S.C. 609(a)(5) ); 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; 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 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 ). In this section, the term eligible entity means— a State; a unit of local government; or 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) ). 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. An application to participate in the pilot program shall include— 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; the goals, strategies, and desired outcomes of the eligible entity’s proposed participation in the pilot program; and such other information as the Secretary shall require. Not later than September 30, 2021, the Secretary shall select at least 10 eligible entities to participate in the 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. 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. The Comptroller General of the United States shall study the implementation and impact of the pilot program established under subsection (a). 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: 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. 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. 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). Recommendations for such administrative or legislative action as the Comptroller General determines appropriate.
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Sec. 301
Pilot program to stay automatic child support enforcement against non-custodial parents participating in a healthy marriage or responsible fatherhood program
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