Date: Sun, 13 Jun 1999 01:55:53 -0400
From: Steve Asher 
Subject: 666 - "The System"

Subject: [FP] 666 - "THE SYSTEM"
Date: Fri, 11 Jun 1999 21:02:01 -0500
From: "ScanThisNews" 
Reply-To: owner-scan@efga.org
To: "ScanThisNews Recipients List" 

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666 - "THE SYSTEM"
by Scott McDonald
[Updated 6/10/99]

You too are subject to the following laws -- if not directly, then
indirectly due to the nature of their enforcement.

The Personal Responsibility and Work Opportunity Act of 1996, Public Law
104-193, established a locating and tracking database system which
transcends all borders -- even international ones. Under this system, any
parent charged with owing passed-due child support payments must have their
wages garnished, bank accounts seized, and tax refunds withheld in addition
to their driver's licenses, business licenses, and passports being revoked.
Consequently, every American must be subjected to these same data collection
requirements in order for the system to function as intended.

In addition to the state-run databases, state and federal agencies now have
open access to records held by private entities such as electric, phone,
pager, and cable t.v. companies. All employers must likewise open their
records to enforcement agencies and must also generate monthly reports on
their employees to send to the state which are in turn reported to a federal
database. These laws even extend to private contracting parties.

Once this system is perfected, other violations of other laws will be
gradually incorporated into the internationally linked locating and tracking
payment-enforcement system.

The best source for verifying the following information is the Social
Security Administration's own web page:

"TITLE IV--GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES
WITH CHILDREN AND FOR CHILD-WELFARE SERVICES"
http://www.ssa.gov/OP_Home/ssact/title04/0400.htm

What you are about to read is a compilation of excerpts from section 666 of
the United States Code, which is where the above stated requirements are set
out. Codified laws and statutes are difficult to read in their native
format. To simplify reading, paragraph and section numbering have been
removed and sentences were allowed to flow together where appropriate. The
following has not been embellished in any way other than the addition of a
very few comments which are so indicated with [square brackets].

[The excerpts from 666 begins here. Remember, if it is not in brackets it is
federal law.]

"REQUIREMENT OF STATUTORILY PRESCRIBED PROCEDURES TO IMPROVE
EFFECTIVENESS OF CHILD SUPPORT ENFORCEMENT"
http://www.ssa.gov/OP_Home/ssact/title04/0466.htm

42 USC Sec. 666 CHAPTER 7 - SOCIAL SECURITY Part D - Child Support and
Establishment of Paternity. Sec. 666. Requirement of statutorily prescribed
procedures to improve effectiveness of child support enforcement.

Each State must enact laws requiring the use of the following "procedures"
to increase the effectiveness of the [child support] program:

DNA TESTING
The State shall provide procedures which permit the establishment of the
paternity of a child. In a contested paternity case [the State shall]
require the child and all other parties to submit to genetic tests upon
request supported by a sworn statement by the party alleging paternity, and
setting forth facts establishing a reasonable possibility of the requisite
sexual contact between the parties; or denying paternity, and setting forth
facts establishing a reasonable possibility of the nonexistence of sexual
contact between the parties. If no objection is made, the test results are
admissible as evidence of paternity without the need for other proof of
authenticity or accuracy. States must give full faith and credit to a
determination of paternity made by any other State. The State procedures
shall provide that the parties to an action to establish paternity are not
entitled to a trial by jury.

GARNISHMENT OF WAGES
The State shall provide procedures for child support withholding from wages.
The wages of an absent parent shall be subject to withholding, regardless of
whether support payments are in arrears. The employer, upon being given
notice, is required to withhold wages in the amount specified by the notice
and pay such amount to the appropriate agency. The employer must be held
liable to the State for any amount which the employer fails to withhold from
wages due an employee following receipt of the notice. A fine [shall be]
imposed against any employer who discharges from employment, refuses to
employ, or takes disciplinary action against any absent parent subject to
wage withholding because of the existence of such withholding and the
obligations or additional obligations which it imposes upon the employer.
The State may withhold from forms of income other than wages regardless of
the nature of their income-producing activities. The State must extend its
withholding system [to provide for withholding in] cases where the
applicable support orders were issued in other States. Any refund of State
income tax will be reduced by the amount of any overdue support owed by an
absent parent.

CREDIT REPORTING AND SUSPENSION OF LICENSES
[The procedures must assure that] [t]he State has authority to withhold or
suspend, or to restrict the use of driver's licenses, professional and
occupational licenses, and recreational licenses of individuals owing
overdue support or failing, to comply with subpoenas or warrants relating to
paternity or child support proceedings.

ACCESS TO RECORDS, LOCATING INDIVIDUALS, REQUIRING SSN
The State shall have procedures to ensure that all Federal and State
agencies conducting activities under this part have access to any system
used by the State to locate an individual for purposes relating to motor
vehicles or law enforcement. The state shall have procedures requiring that
the social security number of: (A) any applicant for a professional license,
driver's license, occupational license, recreational license, or marriage
license be recorded on the application; (B) any individual who is subject to
a divorce decree, support order, or paternity determination or
acknowledgment be placed in the records relating to the matter; and (C) any
individual who has died be placed in the records relating to the death and
be recorded on the death certificate.

FINANCIAL INSTITUTIONS
[The State enforcement agency] shall enter into agreements with financial
institutions doing business in the State to develop and operate a data match
system using automated data exchanges in which each such financial
institution is required to provide the name, address, social security number
or other identifying information for each noncustodial parent who maintains
an account at such institution and who owes past-due support, and will
encumber or surrender, as the case may be, assets held by such institution
on behalf of the parent. A financial institution shall not be liable under
any Federal or State law to any person for any disclosure of information to
the State agency; for encumbering or surrendering any assets [under these
laws]; or for any other action taken in good faith to comply with the
requirements. [This system of automated bank withdrawal or withholding will
eventually be used to pay everything the State collects including: fines,
taxes and any other fees, without your approval; you'll have no more choice
in the matter than the dead beat dads now have.] The State shall
periodically report to consumer reporting agencies [credit bureaus] the name
[and social security number] of any parent who owes overdue support.

AUTOMATED DATA COLLECTION
The State shall establish an automated data collection system (linked
database) to include a registry to be known as the 'State Case Registry'
that contains records with respect to each case in which services are being
provided by a State agency. Each [child] support order established or
modified in the State on or after October 1, 1998, shall be included in the
State Case Registry. [The information in the State Case Registries shall be]
furnished to the Federal Case Registry of Child Support Orders.
 The State Case Registry may be established by linking local case registries
of [child] support orders through an automated information network [no one
will hide from this]. Such records shall use standardized data elements for
both parents (such as names, social security numbers and other uniform
identification numbers, dates of birth, and case identification numbers),
and other information as the Secretary may require. The State agency
operating the automated system shall establish, update, maintain, and
regularly monitor, case records in the State Case Registry. The State shall
use the automated system to extract information (at such times, and in such
standardized format or formats, as may be required by the Secretary), to
share and compare information with, and to receive information from, other
databases and information comparison services, in order to obtain (or
provide) information necessary to enable the State agency (or the Secretary
or other State or Federal agencies) to carry out this part.

NEW HIRES DIRECTORY
On and after October 1, 1997, each State shall establish an automated
directory (to be known as the 'State Directory of New Hires') which shall
contain information supplied on each newly hired employee in the State. The
State will operate a State Directory of New Hires in accordance with section
453A. Each employer shall furnish to the Directory of New Hires of the State
in which a newly hired employee works, a report that contains the name,
address, and social security number of the employee, and the name and
address of the employer [eventually, everyone who has a job will be listed
in this database.

ENFORCEMENT AUTHORITY
The State shall have procedures which give the State [enforcement agency]
the authority to take the following actions relating to establishment of
paternity or to establishment, modification, or enforcement of support
orders, without the necessity of obtaining an order from any other judicial
or administrative tribunal, to take the following actions:
  To subpoena any financial or other information needed to establish,
modify, or enforce a support order, and to impose penalties for failure to
respond to such a subpoena;
  To require all entities in the State (including for-profit, nonprofit, and
governmental employers) to provide promptly, in response to a request by the
State agency of that or any other State administering a program under this
part, information on the employment, compensation, and benefits of any
individual employed by such entity as an employee or contractor, and to
sanction failure to respond to any such request;
  To obtain access, subject to safeguards on privacy and information
security, and subject to the nonliability of entities that afford such
access under this subparagraph, to information contained in the following
records (including automated access, in the case of records maintained in
automated data bases): (i) Records of other State and local government
agencies, including vital statistics (including records of marriage, birth,
and divorce); State and local tax and revenue records (including information
on residence address, employer, income and assets); records concerning real
and titled personal property; records of occupational and professional
licenses, and records concerning the ownership and control of corporations,
partnerships, and other business entities; employment security records;
records of agencies administering public assistance programs; records of the
motor vehicle department; and corrections records; (ii) Certain records held
by private entities with respect to individuals who owe or are owed support
(or against or with respect to whom a support obligation is sought),
consisting of the names and addresses of such individuals and the names and
addresses of the employers of such individuals, as appearing in customer
records of public utilities and cable television companies, pursuant to an
administrative subpoena; and. information (including information on assets
and liabilities) on such individuals held by financial institutions.

REVOCATION OF PASSPORTS
If the Secretary receives a certification that an individual owes arrearages
of child support in an amount exceeding $5,000, the Secretary shall transmit
such certification to the Secretary of State for action with respect to
denial, revocation, or limitation of passports, and refuse to issue a
passport to such individual, and may revoke, restrict, or limit a passport
issued previously to such individual.

INTERNATIONAL ENFORCEMENT
The Secretary of State, with the concurrence of the Secretary of Health and
Human Services, is authorized to declare any foreign country to be a foreign
reciprocating country if the foreign country has established, or undertakes
to establish, procedures for the establishment and enforcement of duties of
[child] support substantially in conformity with [these laws].

---

[Here are some additional relevant subsections:]

FEDERAL PARENT LOCATOR SERVICE
http://www.ssa.gov/OP_Home/ssact/title04/0453.htm

STATE DIRECTORY OF NEW HIRES
http://www.ssa.gov/OP_Home/ssact/title04/0453A.htm

INTERNATIONAL SUPPORT ENFORCEMENT
http://www.ssa.gov/OP_Home/ssact/title04/0459A.htm

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Cheers, Steve..