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United States. Congress. House. Committee on the J.

Proposals for a constitutional amendment to provide rights for victims of crime : hearing before the Committee on the Judiciary, House of Representatives, One Hundred Fourth Congress, second session, on H.J. Res. 173 and H.J. Res. 174 ... July 11, 1996 online

. (page 24 of 24)
Online LibraryUnited States. Congress. House. Committee on the JProposals for a constitutional amendment to provide rights for victims of crime : hearing before the Committee on the Judiciary, House of Representatives, One Hundred Fourth Congress, second session, on H.J. Res. 173 and H.J. Res. 174 ... July 11, 1996 → online text (page 24 of 24)
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procedures to streamline the establishment process. States must also have procedures requiring
the entry of default orders in paternity cases upwn a showing that process was served on the
defendant and that the defendant failed to respond in accordance with State procedures.




In interstate cases, the rule requires a
State to give full faith and credit to a
determination of paternity made by any other
State, whether established through voluntary
acknowledgment or through administrative or
judicial processes.



Under the new expedited process
requirements, within 90 calendar days of
locating the alleged noncustodial parent, the
rV-D agency must establish an order for
support or complete service of process (or
document unsuccessful attempts to serve
process). The IV-D agency must resolve 75
percent of all pending cases in 6 months and
90 percent in 12 months.



THE FEDERAL PARENT LOCATOR SERVICE
and OTHER FEDERAL SYSTEMS

The Federal government provides a computerized national network operated by OCSE
to provide States access to information on a noncustodial parent's location, earnings, assets, and
employer's address. The key components of this network are described below.

Federal Parent Locator Service

The Federal Parent Locator Service (FPLS) provides Social Security Numbers (SSNs),
addresses, and employer and wage information to State and local CSE agencies to establish and
enforce child support orders. The FPLS utilizes the most current information available from the
Internal Revenue Service, Social Security Administration, National Personnel Records Center
(NPRC), Department of Defense (DOD), Department of Veterans Affairs, Selective Service
System (SSS), and State Employment Security Agencies.



14



247

HOYEROOl



EhC



102d congress



(Discussion Draft— 10/3/911
IN THE HOUSE OF REPRESENTATIVES



Mr. Hover introduced the following bill: which was referred to
the Conunittee on



A BILL



TO amend the Internal Revenue Code of 1966 to allow^ refunds of
Federal income taxes to be diverted to victims of crime wher»
restitution payments required to be made under Federal or State
law ace determined to be in arrears.

1 Be it enacted by the Senate and House of Representatives

2 of the United States of America in Congress assembletl,



248



HOYEROOi



1 SECTION 1. DIVERSION OS" REFUNDS WHERE RtQai«ED R£STITUTiON

2 PAVM^.-NTS AR£ IN ARREARS.

3 (a) In General. — section 6402 of the internal Revenue

4 Code of 1986 (relating to authority to make credits oc

5 refunds) is amended by redesignating subsections (e) chrough

6 (I) aa subsections (f) through (j), respectively, and by

7 inserting lifter subsection (d) the following new subsection:

8 ""(e) Offset of Past-Due Required Restitution Payments

9 Against Overpayments, -

10 (Ij IM general. — If, pursuant to such procedures as

11 the Secretary may by regulations prescribe, the Secratary

12 is notified by an appropriate Federal or State

13 restitution enforcement agency that a named petson owes a

14 past-due restitution obligation under Federal law or the

15 laws of such State, as the case may be, which has been

16 assigned for collection by such agency, the Secretary

17 shall—

18 (A) reduce the amount of any overpayment

19 payable to such person by the amount of such

20 Obligation,

(B) pay the amount by which such overpayment is
reduced under subparagraph (A) to such agency for

23 payment to the individual or individuals to which

24 such obligation is owed, and



21
22



249



HO^EHOOi

3

1 (C.) notify t^hp person making such overpaymenc

2 that sj'.h overpayment has been r^jduced under this

3 subsecion.

4 "(2) Past-due restitution obligation,— Por purposes

5 of this subsection, the term past-cue restitution

6 obligation means the amount of a delinquency, determined

7 under a court order or an order of ai; administrative

8 process established under Federal o: State law, for court-

9 ordered cesi:itution to the victiin of any crame under

10 Federal or State law by the person onvicted of such

11 crime.

12 '' (3) Priorities OF offset.— Any overpayment by a

13 person shall be reduced pursuant to this subsection after

14 Buch overpayment is reduced pursuant to subsections (c)

15 and (d) and before such overpayment is credited to the

16 future liability for tax of such person pursuant to

17 subsection (b) .

18 "(4) State must have similar offset

19 PROGRAM. - Paragraph (1) shall apply to a past-due

20 restitution obligation ot any person under the laws of a

21 State only if

22 (A) procedures similar to those described in

23 paragraph (1) are nn effect in such State with

24 respect to State tax overpaymants of such person, and

25 (Bj such obligation has been submitted to the



OCQ BOSTON PUBLIC LIBRARY

BovEHooi 3 9999 05984 053 6

4

1 tax collection agency of such State for collection

2 under such procedures,'

3 (b) Technical Amendments.—

4 (1) Paragraph (2) of section 6402(d) of such Code ia

5 amended by inserting 'is reduced pursuant to subsection

6 (e} or" before ''is credited".

7 (2) Subsection (f) of section 6402 of such Code, as

8 redesignated by gubseotion


1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24

Online LibraryUnited States. Congress. House. Committee on the JProposals for a constitutional amendment to provide rights for victims of crime : hearing before the Committee on the Judiciary, House of Representatives, One Hundred Fourth Congress, second session, on H.J. Res. 173 and H.J. Res. 174 ... July 11, 1996 → online text (page 24 of 24)