Pfister & Saso, LLP

Bankruptcy Code

Personal Responsibility and Work Opportunity Reconciliation Act of 1996

← Bankruptcy Code · Timeline


Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193, 110 Stat. 2105 (Aug. 22, 1996)

An Act To provide for reconciliation pursuant to section 201(a)(1) of the concurrent resolution on the budget for fiscal year 1997

One Hundred Fourth Congress, Session II · Approved August 22, 1996

This is an unofficial transcription, prepared by Robert J. Pfister for ease of reading and copying. The authoritative text is the United States Statutes at Large.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the “Personal Responsibility and Work Opportunity Reconciliation Act of 1996”.

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

TITLE I—BLOCK GRANTS FOR TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
Sec. 101.Findings.
Sec. 102.Reference to Social Security Act.
Sec. 103.Block grants to States.
Sec. 104.Services provided by charitable, religious, or private organizations.
Sec. 105.Census data on grandparents as primary caregivers for their grandchildren.
Sec. 106.Report on data processing.
Sec. 107.Study on alternative outcomes measures.
Sec. 108.Conforming amendments to the Social Security Act.
Sec. 109.Conforming amendments to the Food Stamp Act of 1977 and related provisions.
Sec. 110.Conforming amendments to other laws.
Sec. 111.Development of prototype of counterfeit-resistant Social Security card required.
Sec. 112.Modifications to the job opportunities for certain low-income individuals program.
Sec. 113.Secretarial submission of legislative proposal for technical and conforming amendments.
Sec. 114.Assuring medicaid coverage for low-income families.
Sec. 115.Denial of assistance and benefits for certain drug-related convictions.
Sec. 116.Effective date; transition rule.
TITLE II—SUPPLEMENTAL SECURITY INCOME
Sec. 200.Reference to Social Security Act.
Subtitle A—Eligibility Restrictions
Sec. 201.Denial of SSI benefits for 10 years to individuals found to have fraudulently misrepresented residence in order to obtain benefits simultaneously in 2 or more States.
Sec. 202.Denial of SSI benefits for fugitive felons and probation and parole violators.
Sec. 203.Treatment of prisoners.
Sec. 204.Effective date of application for benefits.
Subtitle B—Benefits for Disabled Children
Sec. 211.Definition and eligibility rules.
Sec. 212.Eligibility redeterminations and continuing disability reviews.

[110 Stat. 2106–2254 omitted (149 pages)]

“(C) Liability.—A financial institution shall not be liable under any Federal or State law to any person—

“(i) for any disclosure of information to the State agency under subparagraph (A)(i);

“(ii) for encumbering or surrendering any assets held by such financial institution in response to a notice of lien or levy issued by the State agency as provided for in subparagraph (A)(ii); or

“(iii) for any other action taken in good faith to comply with the requirements of subparagraph (A).

“(D) Definitions.—For purposes of this paragraph—

“(i) Financial institution.—The term ‘financial institution’ has the meaning given to such term by section 469A(d)(1).

“(ii) Account.—The term ‘account’ means a demand deposit account, checking or negotiable withdrawal order account, savings account, time deposit account, or money-market mutual fund account.”.

SEC. 373. ENFORCEMENT OF ORDERS AGAINST PATERNAL OR MATERNAL GRANDPARENTS IN CASES OF MINOR PARENTS.

Section 466(a) (42 U.S.C. 666(a)), as amended by sections 315, 317, 323, 365, 369, and 372 of this Act, is amended by inserting after paragraph (17) the following new paragraph:

“(18) Enforcement of orders against paternal or maternal grandparents.—Procedures under which, at the State’s option, any child support order enforced under this part with respect to a child of minor parents, if the custodial parent of such child is receiving assistance under the State program under part A, shall be enforceable, jointly and severally, against the parents of the noncustodial parent of such child.”.

SEC. 374. NONDISCHARGEABILITY IN BANKRUPTCY OF CERTAIN DEBTS FOR THE SUPPORT OF A CHILD.

(a) Amendment to Title 11 of the United States Code.—Section 523(a) of title 11, United States Code, is amended—

(1) by striking “or” at the end of paragraph (16);

(2) by striking the period at the end of paragraph (17) and inserting “; or”;

(3) by adding at the end the following:

“(18) owed under State law to a State or municipality that is—

“(A) in the nature of support, and

“(B) enforceable under part D of title IV of the Social Security Act (42 U.S.C. 601 et seq.).”; and

(4) in paragraph (5), by striking “section 402(a)(26)” and inserting “section 408(a)(3)”.

(b) Amendment to the Social Security Act.—Section 456(b) (42 U.S.C. 656(b)) is amended to read as follows:

“(b) Nondischargeability.—A debt (as defined in section 101 of title 11 of the United States Code) owed under State law to a State (as defined in such section) or municipality (as defined in such section) that is in the nature of support and that is enforceable under this part is not released by a discharge in bankruptcy under title 11 of the United States Code.”.

(c) Application of Amendments.—The amendments made by this section shall apply only with respect to cases commenced under title 11 of the United States Code after the date of the enactment of this Act.

SEC. 375. CHILD SUPPORT ENFORCEMENT FOR INDIAN TRIBES.

(a) Child Support Enforcement Agreements.—Section 454 (42 U.S.C. 654), as amended by sections 301(b), 303(a), 312(b), 313(a), 333, 343(b), 370(a)(2), and 371(b) of this Act, is amended—

(1) by striking “and” at the end of paragraph (31);

(2) by striking the period at the end of paragraph (32) and inserting “; and”;

(3) by adding after paragraph (32) the following new paragraph:

“(33) provide that a State that receives funding pursuant to section 428 and that has within its borders Indian country (as defined in section 1151 of title 18, United States Code) may enter into cooperative agreements with 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. 450b)), if the Indian tribe or tribal organization demonstrates that such tribe or organization has an established tribal court system or a Court of Indian Offenses with the authority to establish paternity, establish, modify, and enforce support orders, and to enter support orders in accordance with child support guidelines established by such tribe or organization, under which the State and tribe or organization shall provide for the cooperative delivery of child support enforcement services in Indian country and for the forwarding of all funding collected pursuant to the functions performed by the tribe or organization to the State agency, or conversely, by the State agency to the tribe or organization, which shall distribute such funding in accordance with such agreement.”; and

(4) by adding at the end the following new sentence: “Nothing in paragraph (33) shall void any provision of any cooperative agreement entered into before the date of the enactment of such paragraph, nor shall such paragraph deprive any State of jurisdiction over Indian country (as so defined) that is lawfully exercised under section 402 of the Act entitled ‘An Act to prescribe penalties for certain acts of violence or intimidation, and for other purposes’, approved April 11, 1968 (25 U.S.C. 1322).”.

(b) Direct Federal Funding to Indian Tribes and Tribal Organizations.—Section 455 (42 U.S.C. 655) is amended by adding at the end the following new subsection:

“(b) The Secretary may, in appropriate cases, make direct payments under this part to an Indian tribe or tribal organization which has an approved child support enforcement plan under this title. In determining whether such payments are appropriate, the Secretary shall, at a minimum, consider whether services are being provided to eligible Indian recipients by the State agency through an agreement entered into pursuant to section 454(34).”.

(c) Cooperative Enforcement Agreements.—Paragraph (7) of section 454 (42 U.S.C. 654) is amended by inserting “and Indian tribes or tribal organizations (as defined in subsections (e) and

[110 Stat. 2257–2354 omitted (98 pages)]

Commission for Accreditation of Christian Science Nursing Organizations/Facilities, Inc.” each place it appears.

Approved August 22, 1996.