Pub. L. 101-508, tit. V, subtit. A, ch. 1, sec. 5013
CHILD SUPPORT ENFORCEMENT WAIVER.
SEC. 5013. CHILD SUPPORT ENFORCEMENT WAIVER. (a) In General.—The Secretary of Health and Human Services (in this section referred to as the “Secretary”) shall enter into an agreement with the State of Texas waiving (with respect to cases where a court has issued an order for child support) the following requirements under the State plan for child and spousal support that are described in subparagraphs (A) and (B) of section 454(6) of the Social Security Act, with respect to a project, based in the county of Bexar, of delinquency monitoring for child support enforcement: (1) The submission of a written application by an individual requesting child support collection services. (2) The payment of an application fee with respect to an application for such services. (b) Contents of Waiver Agreement.— In the agreement between the Secretary and the State of Texas described in subsection (a), the waiver granted under such agreement shall provide the following: (1) The waiver shall apply only with respect to the provision of child support collection services. (2) Before the provision of any child support collection services, the organizational unit designated under section 454(3) of the Social Security Act (in this section referred to as the “State 104 STAT. 1388–222agency”) shall provide written notification to each custodial parent of the right of such parent to refuse such services. (3) The State shall ensure that, to the extent possible, each parent of the child on behalf of whom such services are provided (regardless of whether such parent is a custodial parent) is to receive written notice at the time such services are provided, explaining— (A) the legal rights of parents with respect to the child support collection services provided; and (B) the responsibilities of the State agency in providing such child support collection services (including the monitoring of delinquent child support payments), (4) A case record shall be deemed to have been established by the State agency upon notification of a custodial parent of the option to receive the child support enforcement services described in this subsection, (5) Any period of enforcement by the State agency under this section with respect to the collection of delinquent child support payments shall be deemed to begin on the first day of any such delinquency. (d) Study and Report.— (1) Study required.—As a condition precedent to granting the waiver described in subsection (a), the State agency shall agree to conduct a study of the cost-effectiveness to the Federal Government and to the State of Texas of the monitoring of delinquent child support payments under the State plan under section 454 of the Social Security Act. (2) Conduct of study.— (A) In general.—The study required by paragraph (1) shall be conducted in accordance with the criteria established by the Secretary in accordance with subparagraph (B). (B) Criteria.—Not later than February 1, 1991, the Secretary shall establish the criteria required by subparagraph (A), in consultation with— (i) 1 or more representatives of organizations rep-resenting child support administrators; (ii) 1 or more representatives of the General Accounting Office; (iii) 1 or more representatives of the State of Texas; and (iv) such other individuals or organizations with experience in the evaluation of child support programs, as the Secretary may designate. (3) Report.—Not later than 3 months after the expiration of the waiver described in subsection (a), the State agency shall submit to the Secretary and to the Congress a report that includes the findings of the study required by this subsection. (e) Duration of Waiver.—The waiver described in subsection (a) shall be effective for not more than 2 years. (f) Matching Payments.— (1) General expenditures.— In lieu of any payment under section 455 of the Social Security Act with respect to expenditures of the State of Texas to carry out child support enforcement programs with respect to which the waiver described in subsection (a) applies, the Secretary shall pay the State an amount equal to the lesser of— 104 STAT. 1388–223 (A) 66 percent of such expenditures; or (B) $500,000. (2) Study expenditures.—In lieu of any payment under section 455 of the Social Security Act with respect to expenditures of the State of Texas to carry out the study required by subsection (d), the Secretary shall pay the State an amount equal to 66 percent of such expenditures.