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United States General Accounting Office: 
GAO: 

Report to the Honorable Lloyd Doggett, House of Representatives: 

March 2002: 

Child Support Enforcement: 

Clear Guidance Would Help Ensure Proper Access to Information and Use 
of Wage Withholding by Private Firms: 

GA0-02-349: 

Contents: 

Letter: 

Results in Brief: 

Background: 

Available Data Indicate That the Amount of Child Support Owed Has 
Increased in Recent Years: 

Thousands of Private and Public Entities Can Collect Child Support, 
and Private Firms Differ from State Agencies: 

Private Firms and State Agencies Reported Similar Collection 
Experiences Using Different Information Sources and Collection
Practices: 

Most Enforcement Tools Are Available to Private Firms and State 
Agencies, but Processes Differ: 

State Agencies Provided Private Firms Some of the Information That 
They Requested: 

Conclusion: 

Recommendations for Executive Action: 

Agency Comments: 

Appendix I: Wage Withholding Form: 

Appendix II: Objectives, Scope, and Methodology: 

Appendix III: Comments from the Department of Health and Human 
Services: 

Appendix IV: GAO Contacts and Staff Acknowledgments: 

GAO Contacts: 

Staff Acknowledgments: 

Tables: 

Table 1: Child Support Owed and Collected In Fiscal Years (FY) 1996 
and 2000: 

Table 2: Characteristics of 24 Private Firms: 

Table 3: Factors Private Firms and State Agencies Consider Before 
Opening a Child Support Case: 

Table 4: Child Support Caseload Differences between Private Firms and 
State Agencies: 

Figures: 

Figure 1: Types of Entities Collecting Child Support: 

Figure 2: Locations of Private Child Support Collection Firms: 

Figure 3: Reasons for Seeking the Services of a Private Firm: 

Figure 4: Number of State Agencies and Types of Fees Charged: 

Figure 5: Reasons Cited Most Often for Inability to Collect: 

Figure 6: Private Firms' Use of Enforcement Tools: 

Figure 7: Number of State Agencies That Provided Information to
Private Firms: 

Abbreviations: 

CSE: child support enforcement: 

FPLS: Federal Parent Locator Service: 

HTIS: Department of Health and Human Services: 

NDNH: National Directory of New Hires: 

OCSE: Office of Child Support Enforcement: 

OMB: Office of Management and Budget: 

PRWORA: Personal Responsibility and Work Opportunity Reconciliation 
Act: 

TANF: Temporary Assistance for Needy Families: 

[End of section] 

United States General Accounting Office: 
Washington, DC 20548: 

March 26, 2002: 

The Honorable Lloyd Doggett: 
House of Representatives: 

Dear Mr. Doggett: 

Collection of child support by private firms is a growing business, 
largely because of the billions of dollars owed in child support to 
millions of custodial parents. To help increase child support 
collections, Congress has considered proposals to expand private 
firms' access to information and tools for locating noncustodial 
parents and enforcing payment of child support. However, little is 
known about these firms. 

To assist Congress in its future deliberations about the role of 
private child support collection firms, you asked us to study the 
practices of private child support collection firms and state child 
support enforcement (CSE) agencies.[Footnote 1] Specifically, our 
objectives were to (1) obtain information on the amount of child 
support owed and how it has changed in recent years; (2) identify the 
number and kinds of entities that can collect child support and 
compare the characteristics of private child support collection firms 
with those of state agencies; (3) compare the private firms' and state 
agencies' collection experiences, information sources, and collection 
practices; (4) compare the enforcement tools available to private 
firms and state agencies; and (5) determine whether state agencies 
provide information requested by private firms. 

In fulfilling these diverse objectives, we pursued a multifaceted 
methodology. We obtained information from the Office of Child Support 
Enforcement (OCSE) in the Department of Health and Human Services 
(HHS) that allowed us to compute the amount of child support owed. The 
OCSE data was from its database of child support information reported 
by state agencies. To identify the number and kinds of entities that 
can collect child support, we reviewed relevant laws and regulations; 
talked to officials in OCSE, state agencies, private child support 
firms and other child support experts; and searched the Internet, 
relevant trade association membership lists, and telephone 
directories. To determine the characteristics, collection experiences, 
information sources, collection practices, and enforcement tools of 
private firms and state agencies, we visited four private firms and 
two state agencies and talked with managers, reviewed written 
operating policies and procedures, observed operating practices, and 
examined a purposefully selected sample of case files. We also 
conducted structured telephone interviews with responsible officials 
of all the state agencies and 24 of the 38 private firms that we had 
identified as regularly collecting child support. In addition, we used 
information obtained through the site visits and telephone interviews 
to determine whether state agencies provide information requested by 
private firms. 

We compared the caseload characteristics, collection experiences, 
collection practices, and information sources of private firms with 
those of state agencies. However, because of the vast differences in 
the characteristics of their cases, we did not compare the average 
time that it took for private firms and state agencies to collect 
child support. Further, we could not determine whether greater access 
to information and enforcement tools would increase the amounts of 
child support that private firms collect or improve the effectiveness 
of their efforts, because there are many factors involved in child 
support cases and these factors can vary with each case. We performed 
our work between April 2001 and January 2002 in accordance with 
generally accepted government auditing standards. Appendix II contains 
details about our scope and methodology. 

Results in Brief: 

At the end of fiscal year 2000, data from OCSE indicated that the 
amount of child support owed but unpaid was at least $89 billion. This 
represents an accumulated amount uncollected since the program began 
in 1975 and a 96 percent increase over the amount owed at the end of 
fiscal year 1996. Although total collections increased by almost 50 
percent during this 4-year period and the total number of cases for 
which a collection was made increased by 83 percent, collections as a 
percentage of the total amount of child support due decreased from 21 
to 17 percent. The OCSE data, however, do not represent all child 
support owed because (1) it includes only amounts associated with 
cases that state agencies handled and (2) it does not include unpaid 
child support associated with closed cases. Increases in the amount 
owed were in part due to a 9 percent increase in the number of child 
support orders established. Additionally, because the Personal 
Responsibility and Work Opportunity Reconciliation Act (PRWORA) 
required state agencies to establish paternities for 90 percent of 
their cases and simplified the process for review and adjustment of 
support orders, the amount of child support owed could further 
increase. 

Thousands of private and public sector entities, including private 
firms and state agencies, can collect child support, and the private 
firms and state agencies that we examined differed significantly. 
[Footnote 2] The 38 private firms that we identified as regularly 
collecting child support are based in 16 states. The 24 private firms 
that participated in our structured telephone interviews estimated 
that they handled, in total, 30,000 child support cases. These private 
firms differed from one another in many respects, such as years in 
business and number of cases handled. Parents applying to one private 
firm said that they sought the services of private firms primarily 
because state agencies failed to get results. The private firms' 
caseloads differed significantly from those of the state agencies, 
primarily because private firms exercise discretion when accepting 
cases. For example, the median number of cases handled by private 
firms was 350 while the median number for state agencies was more than 
200,000, and the average amount of child support owed for the private 
cases was about seven times greater than that owed for the state 
agency cases. Furthermore, all 24 private firms charged all of their 
client's fees that averaged 29 percent of the child support collected, 
and half of the private firms charged additional fees. State agencies 
provided services free to all clients who receive cash assistance, 
Medicaid coverage, or foster care payments. For other clients, 18 
state agencies either did not charge an application fee or charged 
less than $1, and the other 36 agencies charged an application fee 
ranging from $5 to $25, charged varying amounts for services, or 
charged both application and service fees. 

Private firms and state agencies reported similar collection 
experiences, but their information sources and collection practices 
differed. Both private firms and state agencies reported collections 
from about 60 percent of their cases. Twenty-two of the 24 private 
firms that we surveyed reported that they relied on private 
information vendors-—commercial firms that sell information such as 
addresses, telephone numbers, and social security numbers—-as their 
primary information source, whereas about one-third of the state 
agencies reported using this source. State agencies, on the other 
hand, reported relying heavily on state and federal automated 
databases to locate noncustodial parents and their assets. 
Additionally, the private firms that we visited and the state agencies 
that we contacted reported calling noncustodial parents to collect 
child support. However, only the private firms called third parties, 
such as relatives and neighbors of noncustodial parents, to persuade 
them to prevail upon the noncustodial parent to make payments. 

Generally, the same enforcement tools are available to private firms 
and state agencies, but the processes that they follow in using these 
tools often differ. Various laws govern access to these tools, but 
private firms must generally petition the courts for authority to use 
them. Some state agencies have administrative authority to use some 
tools without petitioning the courts. Private firms, unlike state 
agencies, do not have direct access to federal tax refunds. In our 
structured interviews, officials from both private firms and state 
agencies reported that the tool they most often used was wage 
withholding. OCSE considers wage withholding to be the most effective 
enforcement tool. However, the form and related guidance developed by 
OCSE for use in wage withholding make it difficult for employers to 
determine whether it is proper to begin withholding wages. We found 
instances in which employees' wages were inappropriately withheld as a 
result. We are recommending that the form and related guidance be 
changed. 

Most state agencies provided nonconfidential information requested by 
private firms but did not provide confidential information. Thirty-six 
of the 54 state agencies provided payment history information, which 
nearly all private firms asked for to verify the amount of child 
support owed. However, most of the state agencies--49 of the 54-—had 
not provided information on noncustodial parents' location or assets 
from the Federal Parent Locator Service (FPLS). About one-third of the 
private firm officials with whom we talked said that they had 
requested such information, and 1 of the 4 firms we visited stated 
that they wanted greater access to the FPLS. Private firm officials 
who told us that they did not request FPLS information stated that 
state agencies would not provide it, better information was available 
elsewhere, and that the information was not timely. State agencies' 
practices regarding sharing FPLS data with private firms were affected 
by differences in interpretation of whether federal law permits or 
requires state agencies to share FPLS data. We are recommending that 
the secretary of HHS direct the commissioner of OCSE to determine 
whether private firms have access to FPLS data and to develop a policy 
that explicitly addresses access by private firms. 

The Department of Health and Human Services provided written comments 
on a draft of this report. In commenting on the draft, the department 
generally agreed with our findings and discussed the actions that it 
plans to take to address our recommendations. The department's 
comments are discussed in this report and are reprinted in appendix 
III. 

Background: 

The Child Support Enforcement (CSE) program, established in 1975 under 
Title IV-D of the Social Security Act, established federal standards 
for state CSE programs to ensure that parents provide support to their 
children.[Footnote 3] Services provided through the CSE program 
include locating absent noncustodial parents, establishing paternity 
and support orders, and collecting and distributing child support 
payments. All 50 states, the District of Columbia, Guam, Puerto Rico, 
and the Virgin Islands operate CSE programs. However, because family 
law, which governs many aspects of child support, is generally under 
the purview of the state rather than the federal government, each of 
the 54 CSE programs is governed by some unique state laws and 
procedures. 

Although the states administer the child support program, the federal 
government plays a major role through OCSE within the Administration 
for Children and Families of the Department of Health and Human 
Services. This includes funding most of the program, establishing 
enforcement policies and guidance, providing technical assistance, and 
overseeing and monitoring state programs. As part of its oversight 
role, OCSE reviews state plans for each of the state programs. These 
plans describe the nature and scope of a state's child support program 
and specify the procedures and policies adopted by each state to 
ensure that its program complies with all federal requirements. OCSE's 
approval is a condition for federal funding of state programs. 

PRWORA[Footnote 4] strengthened the CSE program by requiring, among 
other things, that states (1) establish an integrated, automated 
network linking all states to information about the location and 
assets of parents, (2) increase the percentage of fathers identified, 
and (3) implement more enforcement techniques for collection of child 
support from noncustodial parents. 

Additionally, PRWORA changed federal welfare policy, eliminating 
eligible families' legal entitlement to cash assistance and creating 
Temporary Assistance for Needy Families (TANF). TANF emphasizes the 
importance of work and personal responsibility rather than dependence 
on government benefits. After 2 years of assistance, or sooner if the 
state determines that the recipient is ready, TANF adults are 
generally required to be engaged in work or work-related activities. A 
lifetime limit of 60 months (or less, at the state's option) is placed 
on adults' receipt of cash benefits. Families receiving TANF benefits 
or benefits under the federally assisted foster care program or the 
Medicaid program automatically receive CSE services free of charge. 
Under PRWORA, TANF recipients generally must assign their rights to 
child support payments to the state. 

The CSE program provides services to anyone requesting them, 
regardless of income. In fiscal year 2000, the program managed more 
than 17 million cases, 35 percent of which included clients who never 
received assistance. Faced with growing caseloads in an environment of 
resource constraints and increasing federal requirements, some states 
contracted with private firms to provide some or all services. 
Generally, these firms are authorized to operate as agents of the 
state agencies and have access to most information usually available 
only to state agencies. Their employees are subject to the same 
penalties or other actions as state agency employees if they misuse 
the information. 

Unlike firms under contract with state agencies, other private firms 
are involved in collecting child support as independent business 
ventures. These firms contract with custodial parents and concentrate 
on locating absent noncustodial parents and collecting child support 
payments. These firms are the focus of this report. 

Available Data Indicate That the Amount of Child Support Owed Has 
Increased in Recent Years: 

Data show that the amount of child support that was legally owed but 
unpaid almost doubled during the 4-year period from fiscal year 1996 
to fiscal year 2000, even with increases in total collections. 
However, the amount owed is understated as a result of data 
limitations. The increase in the amount of child support owed could 
reflect, in part, a rise in the number of support orders established 
or adjustments in the amount owed on previously established support 
orders. 

Data Show Increase in Child Support Owed and Total Collected: 

Available data show that during the 4-year period from fiscal year 
1996 to 2000, the amount of child support that was legally owed but 
unpaid grew from at least $45 billion in fiscal year 1996 to at least 
$89 billion in fiscal year 2000 (see table 1). This amount represents 
all support uncollected since the program was established in 1975. 
Although total state agency collections increased during this period 
from $12 billion to $18 billion and the total number of cases for 
which a collection was made increased by 83 percent, collections have 
been less than the amount that became due during the period. Also, 
collections, as a percentage of the amount due, dropped. In fiscal 
year 1996, collections represented 21 percent of the total amount due 
but dropped to 17 percent of the total due in fiscal year 2000. As a 
result, the amount owed at the end of the period is greater than the 
amount owed at the beginning of the period. 

Table 1: Child Support Owed and Collected In Fiscal Years (FY) 1996 
and 2000: 

Amount unpaid from prior years[A]: 	
FY 1996: $40 billion; 
FY 2000: $84 billion; 
Difference: $44 billion; 
Percentage change: 110%. 

Plus support coming due during the year: 
FY 1996: $17 billion; 
FY 2000: $23 billion; 
Difference: $6 billion; 
Percentage change: 35%. 

Total due during the year: 
FY 1996: $57 billion; 
FY 2000: $107 billion; 
Difference: $50 billion; 
Percentage change: 88%. 

Less amount collected: 
FY 1996: $12 billion; 
FY 2000: $18 billion; 
Difference: $6 billion; 
Percentage change: 50%. 

Amount unpaid at end of the year: 
FY 1996: $45 billion; 
FY 2000: $89 billion; 
Difference: $43 billion; 
Percentage change: 96%. 

[A] Includes unpaid child support and interest added by some states. 

Source: Office of Child Support Enforcement. 

[End of table] 

OCSE Data Do Not Represent All Child Support Owed: 

OCSE data do not represent the total amount of child support owed 
because the data reflect only amounts associated with cases that are 
handled by, and distributed through, the state agencies. The data do 
not include cases in which child support is paid voluntarily through 
agreements between parents or in which custodial parents hire private 
attorneys or collection firms without involving the state agency. In 
addition, OCSE data do not include unpaid child support associated 
with closed cases. State agencies can close cases under certain 
circumstances after a support order has been established, even when 
child support is still owed. For example, state agencies can close a 
case if the noncustodial parent's location is unknown and the state 
has made diligent efforts to locate the absent parent; or if the 
noncustodial parent cannot pay support[Footnote 5] because the parent 
has been institutionalized in a psychiatric facility, is incarcerated 
with no chance for parole, or has a medically-verified total and 
permanent disability with no evidence of support potential. 

Increases in the Number of, or Adjustments to, Child Support Orders 
Could Affect the Amount of Child Support Owed: 

The increases in the amount of child support owed in spite of 
increased collections could be due, in part, to the rise in the number 
of support orders established or the rise in adjustments of individual 
support orders.[Footnote 6] From fiscal year 1996 to fiscal year 2000, 
the number of support orders established by OCSE increased by 9 
percent, from 1.08 million to 1.17 million. Furthermore, provisions in 
PRWORA may lead to further increases in the number of support orders 
and the amount of child support owed. PRWORA requires that paternity 
be established for 90 percent of the state agency cases. OCSE reports 
that child support paternity was established for about 1.6 million 
children in fiscal year 2000, an increase of 46 percent over the 1.1 
million paternities established in fiscal year 1996. Paternity must be 
established before child support orders can be issued. PRWORA also 
provided a simplified process for review and adjustment of all child 
support orders every 3 years. These reviews determine whether the 
amount of child support previously ordered is reasonable given the 
circumstances of both the noncustodial and the custodial parent. If 
these reviews result in more dollar increases than decreases in the 
amount owed, these reviews could further increase the future amount of 
child support owed. 

Thousands of Private and Public Entities Can Collect Child Support, 
and Private Firms Differ from State Agencies: 

Thousands of private and public sector entities, including private 
firms and state agencies, can collect child support, and private firms 
differ among themselves and from state agencies. Specifically, two 
types of private sector entities—private firms and attorneys—and three 
types of public sector entities—state agencies, other public agencies, 
and court-appointed guardians—can collect child support (see fig. 1). 
The private firms differ among themselves with respect to such 
characteristics as location, client base, and years in business. 
Further, the private firms differ significantly from the state 
agencies in that private firms exercise greater discretion when 
accepting cases, have smaller caseloads, and charge higher fees for 
their services. 

Figure 1: Types of Entities Collecting Child Support: 

[Refer to PDF for image: illustration] 

Private sector entities: 
* Attorneys; 
* Private collection firms: 
- Private firms that regularly collect child support (30,000 cases) 
[shaded]. 

Public sector entities: 
* State agencies (17 million cases) [shaded]; 
* Other public agencies[A]; 
* Court-appointed guardians. 

Note: Shaded boxes represent the entities discussed in this report. 

[A] Includes county-level agencies, not federal agencies. 

Source: Interviews with federal and state agency officials. 

[End of figure] 

Thousands of Private and Public Sector Entities Can Collect Child 
Support: 

Private attorneys make up the largest group of private entities. The 
Bureau of Labor Statistics estimates that there are about 500,000 
lawyers employed nationally. Representatives of the American Bar 
Association told us that approximately 8,000 attorneys are members of 
the Family Law Division and that nearly every family law attorney has 
worked on a child support enforcement case at one time or another. 
They also said that although family law attorneys are the most likely 
to work on a child support enforcement case, other attorneys who do 
not specialize in family law, such as corporate attorneys, may also 
collect child support. 

In addition to attorneys, private collection firms, including the 
private firms that are the focus of this report, can also collect 
child support. A representative of the American Collectors 
Association, a trade organization of credit and collection 
professionals, told us he estimated that there are approximately 8,000 
private collection firms operating in the United States and that about 
one-third of these firms have worked on a child support enforcement 
case at some time. 

Three kinds of public sector entities collect child support—-state 
child support enforcement agencies (state agencies), other government 
agencies, and court-appointed guardians. There are 54 state agencies, 
one in each state, the District of Columbia, Puerto Rico, Guam, and 
the Virgin Islands. About 100 other government agencies can collect 
child support. According to state agency directors, seven states—-
Arizona, Florida, Kansas, Minnesota, Missouri, North Dakota, and 
Texas—-have county-operated agencies collecting child support that are 
not part of the federal child support enforcement program. For 
example, in Florida, the Broward County Support Enforcement Division 
collects child support payments but accepts only non-TANF clients, 
cases in which both parents live in Florida and, more specifically, 
one parent must live in Broward County. In addition to state and other 
public agencies, court-appointed guardians can collect child support. 
These guardians can be individuals, government organizations, or 
nonprofit groups that are appointed by the court as a guardian of a 
minor and are entitled to collect child support from an absent parent. 

Private Firms That Collect Child Support Have Varying Characteristics: 

Private firms differed from one another in a number of respects, 
including location, client base, time in business, caseload size, and 
the proportion of business devoted to child support activities. The 38 
private firms that we identified through various search efforts as 
collectors of child support are based in 16 states, as shown in figure 
2. Texas had the highest number of firms-14, or 37 percent of the 
total number. In 15 other states, the number of firms ranged from as 
few as 1 to as many as 4. We did not identify any private firms based 
in the remaining 34 states. 

Figure 2: Locations of Private Child Support Collection Firms: 

[Refer to PDF for image: illustrated U.S. map] 

Number of private agencies: 14 (1 state): 
Texas: 

Number of private agencies: 2–4 (5 states): 
Arkansas: 
California: 
Colorado: 
Indiana: 
Ohio: 

Number of private agencies: 1 (10 states): 
Arizona: 
Connecticut: 
Illinois: 
Iowa: 
Minnesota: 
Montana: 
Nevada: 
New Hampshire: 
Pennsylvania: 
South Dakota: 

Number of private agencies: 0 (34 states): 
Alabama: 
Alaska: 
Delaware: 
Florida: 
Georgia: 
Hawaii: 
Idaho: 
Kansas: 
Kentucky: 
Louisiana: 
Maine: 
Maryland: 
Massachusetts: 
Michigan: 
Mississippi: 
Missouri: 
Nebraska: 
New Jersey: 
New Mexico: 
New York: 
North Carolina: 
North Dakota: 
Oklahoma: 
Oregon: 
Rhode Island: 
South Carolina: 
Tennessee: 
Utah: 
Vermont: 
Virginia: 
Washington: 
West Virginia: 
Wisconsin: 
Wyoming: 

Source: Internet searches and interviews with experts, advocates, 
public firms, and state agencies. 

[End of figure] 

Responses from the 24 private firms that participated in our 
structured telephone interviews indicated that these private firms 
handled, in total, an estimated 30,000 cases. Most reported having 
clients from all states. However, 16 private firm officials told us 
that because of new state laws that restrict their operations, they 
would not accept clients who live in particular states. Examples of 
such restrictions include requiring private firms to obtain a license, 
requiring firms to be bonded, or limiting the percentage of fees that 
firms can charge. Table 2 summarizes four characteristics of the 24 
firms that participated in our structured telephone interviews. 

Table 2: Characteristics of 24 Private Firms: 
	
Characteristic: Client base: National; 
Number of firms: 14. 

Characteristic: Client base: National and international; 
Number of firms: 5. 

Characteristic: Client base: Only one state; 
Number of firms: 58. 

Years in business: 1-5; 
Number of firms: 5. 

Years in business: 6-8; 
Number of firms: 12. 

Years in business: more than 8; 
Number of firms: 7. 

Caseload[B]: 10-100 cases; 
Number of firms: 4. 

Caseload[B]: 101-500 cases; 
Number of firms: 12. 

Caseload[B]: more than 500 cases; 
Number of firms: 8. 

Child support as percentage of business: 1-49%; 
Number of firms: 4. 

Child support as percentage of business: 50-99%; 
Number of firms: 3. 

Child support as percentage of business: 100%; 
Number of firms: 17. 

[A] One private firm reported that although the majority of its cases 
are within the state, some cases are from surrounding states. 

[B] Caseload at the time of our structured telephone interviews. 

Source: Structured telephone interviews. 

[End of table] 

Parents stated that they most often sought the services of private 
firms because the state agency had failed to collect their child 
support. We reviewed 138 randomly selected applications at one private 
firm and analyzed the answers to the question, "Why seek the services 
of a private firm?" Almost two-thirds of the applicants responded that 
they did so because the state or local child support enforcement 
agency was unable to obtain their child support. Other reasons were 
also cited by these applicants and are summarized in figure 3. 

Figure 3: Reasons for Seeking the Services of a Private Firm: 

[Refer to PDF for image: vertical bar graph] 

State agency failed to obtain support: 63.8%; 
Frustrated with government customer service: 28.3%; 
Failure/expense of private attorneys: 9.4%. 

Note: The total exceeds 100% because some applicants gave multiple 
responses. 

Source: Randomly selected applications from a private firm. 

[End of figure] 

Private firms, unlike state agencies, exercise discretion when 
accepting child support cases. A representative of one private firm 
that we visited explained that the criteria for accepting, refusing, 
or even closing cases are not fixed. Private firms consider the costs 
and resources required for a case before they accept it or continue to 
work on it. Another private firm official stated that "it is strictly 
a business decision" whether to accept or decline a case. Officials of 
the 24 firms that participated in our structured telephone interviews 
reported that their firms required a legally enforceable child support 
order before opening a case. Furthermore, all 24 private firms 
accepted cases in which the children were no longer minors and 
therefore considered emancipated. Federal and state laws largely 
mandate the kinds of cases that state agencies must accept and when 
cases can be closed. State agencies generally accept all clients 
whether or not a support order has been established and regardless of 
the amount of child support owed. However, half of the state agencies 
will not accept cases in which the children are emancipated. 
Furthermore, all state agencies accept current and former TANF 
recipients. (See table 3.) 

Table 3: Factors Private Firms and State Agencies Consider Before 
Opening a Child Support Case: 

Case factors: Child support order was not established; 
Private firms will open	a case (N=24): No; 
State agencies will open a case (N=54): Yes. 

Case factors: Emancipated children are involved; 
Private firms will open	a case (N=24): Yes; 
State agencies will open a case (N=54): Yes (32); No (22). 

Case factors: Client is receiving TANF; 
Private firms will open	a case (N=24): No (18); Yes (6); 
State agencies will open a case (N=54): Yes. 

Case factors: Amount of child support owed is minimal; 
Private firms will open	a case (N=24): No (14); Yes (10); 
State agencies will open a case (N=54): Yes. 

Source: Structured telephone interviews. 

[End of table] 

As a result of the differences in case acceptance criteria, private 
firm and state agency caseloads differed in characteristics such as 
size, average arrearage owed, and percentage of TANF clients. 
Responses from our structured telephone interviews indicated, as shown 
in table 4, that the median caseload for private firms is 
significantly lower than that for state agencies, while the average 
arrearage balance is significantly higher. Although most private firms 
we interviewed do not accept TANF clients, almost a fifth of the total 
state agency cases involved a TANF client. 

Table 4: Child Support Caseload Differences between Private Firms and 
State Agencies: 

Entity: Private firms; 
Median number of cases: 350; 
Average	arrearage[A] owed: $21,600; 
Percentage who are TANF clients: 0[B]. 

Entity: State agencies; 
Median number of cases: 224,000; 
Average	arrearage[A] owed: $3,000; 
Percentage who are TANF clients: 19%. 

[A] Arrearage includes unpaid child support as well as interest added 
by some states. 

[B] Although 6 of the firms said that they accepted TANF clients, only 
2 of the 24 had current cases with TANF clients. One firm reported 
less than 5 percent of its caseload consisted of TANF clients, while 
the other reported 6 percent. 

Source: Structured telephone interviews and Office of Child Support 
Enforcement. 

[End of table] 

All of the private firms that we interviewed charged all of their 
clients a fee based on a percentage of the collections. Information 
obtained from our structured telephone interviews indicated that the 
average fee charged was 29 percent. Additionally, half of those firms 
charged clients an application fee, averaging $95, and about half 
charged clients other costs or fees, including attorney costs or fees 
for specific enforcement actions such as filing a lien against 
personal property. Generally, the private firms that we visited 
collect their fees by having the custodial parent change his or her 
address in the state agency system to direct all payments to the 
private firm. The firm then deducts its fees from the payments 
received and sends the remaining amount to the custodial parent. State 
agencies provide services to families receiving TANF, Medicaid, or 
foster care payments free of charge. Other families must apply for 
services, and state agencies must charge an application fee not to 
exceed $25.[Footnote 7] Eighteen state agencies absorb the application 
fee or charge up to $1. The other 36 states charge application fees, 
service fees, or both. Fifteen state agencies charge application fees 
ranging from $5 to $25, and 10 state agencies charge various service 
fees such as a $25 annual case maintenance fee or a $250 fee to 
establish a support order. Eleven state agencies charge various 
service fees as well as application fees. Figure 4 summarizes the 
types of fees charged by state agencies. 

Figure 4: Number of State Agencies and Types of Fees Charged: 

[Refer to PDF for image: pie-chart] 

No fees[A]: 18; 
Application fee only: 15; 
Application and service fees: 11; 
Service fees only: 10. 
			
[A] We included states under "no fees" if they charged only a penny or 
a dollar. 

Source: Structured telephone interviews. 

[End of figure] 

Private Firms and State Agencies Reported Similar Collection 
Experiences Using Different Information Sources and Collection 
Practices: 

Private firms and state agencies reported similar collection 
experiences, but their information sources and collection practices 
differed. Both private firms and state agencies reported collecting 
amounts from about 60 percent of their cases. While private firms 
reported that they relied heavily on information vendors to locate 
noncustodial parents and their assets, state agencies reported that 
they primarily relied on state and federal databases for the same 
information. The collection practices of private firms and state 
agencies also differed in that private firms reported relying on 
personal phone contacts with noncustodial parents and third parties, 
such as relatives, neighbors, and friends, whereas state agencies did 
not contact third parties for payment.
	
Private Firms and State Agencies Reported Similar Collection 
Experiences: 

Both private firms and state agencies that participated in our 
structured telephone interviews estimated that they collected amounts 
from about 60 percent of their cases, on average.[Footnote 8] The 
similarities in reported collection experiences may reflect a 
similarity in difficulty of cases in spite of differences in the 
characteristics of the cases handled by private firms and state 
agencies. For example, private firms reported twice the percentage of 
interstate cases that state agencies reported, and OCSE describes 
interstate cases as some of the most difficult to pursue. Private 
firms reported that, on average, 57 percent of their cases are 
interstate, while state agencies reported an average of 24 percent. On 
the other hand, state agencies reported having more cases in which the 
noncustodial parent had no income or assets than the private firms 
reported. 

Reasons cited most often by private firms and state agency officials 
for not being able to collect child support were the same: failure to 
locate the noncustodial parent, the noncustodial parent had no income 
or assets, or the noncustodial parent was incarcerated. However, as 
shown in figure 5, state agency officials cited these reasons more 
often than did officials of private firms. 

Figure 5: Reasons Cited Most Often for Inability to Collect: 

[Refer to PDF for image: vertical bar graph] 

Noncustodial parent was never located: 
Percentage of private firms responding: 67%; 
Percentage of state agencies responding: 100%. 

Noncustodial parent had no income or assets: 
Percentage of private firms responding: 50%; 
Percentage of state agencies responding: 88%. 

Noncustodial parent was incarcerated: 
Percentage of private firms responding: 13%; 
Percentage of state agencies responding: 62%. 

Source: Structured telephone interviews. 

[End of figure] 

Private Firms Primarily Used Information Vendors, While State Agencies 
Relied on State and Federal Databases: 

Twenty-two of the 24 private firms that participated in our structured 
telephone interviews used information vendors as their primary source 
for locating noncustodial parents and their assets. Information 
vendors are private businesses with extensive search capabilities 
enabling them to obtain large amounts of private information about 
individuals, such as addresses and telephone numbers, drivers' license 
numbers, location of property and other assets, social security 
numbers, and information from court records. Information vendors sell 
this information to private firms or any other interested parties. 
Ninety-two percent of the private firms, compared with 35 percent of 
state agencies, reported that they used information vendors. 

State agencies relied heavily on automated interfaces with federal and 
state databases to locate absent parents and obtain asset information. 
A primary source of data for state agencies is the FPLS, an automated 
database containing information from state parent locator databases, 
employer reports of new hires, and the federal case registry of 
support orders. FPLS data include information such as individuals' 
home addresses, asset information, social security numbers, and 
employers' names and addresses. The FPLS system interfaces with a 
number of federal agencies including the Internal Revenue Service, 
Social Security Administration, and the Department of Defense. State 
agency systems also automatically request location information from 
other state agencies such as departments of human services, 
comptrollers for state taxes, motor vehicle departments, unemployment 
offices, law enforcement agencies, and phone and utility companies. 

Private Firms and State Agencies Called Noncustodial Parents, but 
Private Firms Also Called Third Parties: 

Both private firms and state agencies called noncustodial parents to 
collect child support, but only private firms called third parties to 
collect child support. Thirty-seven state agencies that participated 
in our structured telephone interview said that they called the 
noncustodial parent to collect child support payments. Our review of 
the case file notes from the private firms that we visited showed that 
they repeatedly called noncustodial parents to collect child support 
payments. In many cases, the case file notes showed that these calls 
included reminding the noncustodial parent that they could go to jail 
if they did not pay what was owed. Private firms also called third 
parties, such as friends, relatives, and neighbors, to locate 
noncustodial parents and to persuade the third party to prevail upon 
the noncustodial parent to make payments. In at least two instances, a 
private firm that we visited was successful in persuading the mothers 
of the noncustodial parents to make the child support payments. In 
contrast, no state agency that we surveyed said that they encouraged 
noncustodial parents' relatives to make payments. 

Most Enforcement Tools Are Available to Private Firms and State 
Agencies, but Processes Differ: 

Generally, the same enforcement tools are available to private firms 
and state agencies, but depending on federal and state law, the 
processes that they must follow to use them often differ. Private 
firms must petition a government agency or the court to use many 
enforcement tools that some state agencies can implement independently 
through administrative processes. Our structured telephone interviews 
indicate that some enforcement tools were used more than others. One 
of the most widely used and effective enforcement tools, wage 
withholding, has been used improperly by private firms, in part 
because the form that OCSE developed for wage withholding is ambiguous 
and the related guidance makes including certain information optional, 
thereby inhibiting an employer's ability to ensure that wage 
withholding has been properly ordered. 

Many Enforcement Tools Are Available to, and Used by, Both Private 
Firms and State Agencies, but Processes Differ: 

A complex mix of federal, state, and local law governs access to 
enforcement tools by private firms and state agencies. Private firms 
must either petition the court or work with a state agency to access 
many of the enforcement tools. Private firms, unlike state agencies, 
cannot intercept federal tax refunds.[Footnote 9] Only the courts or a 
state agency may authorize wage withholding. As a result, when wage 
withholding has not been previously authorized, private firms must ask 
a state agency or the court to issue a wage withholding order. At one 
private firm we visited, we found that the firm had prepared a wage 
withholding order, provided it to a state agency, and the state agency 
then issued the order. On the other hand, when the court or a state 
agency has already authorized wage withholding, a private firm may 
send a notice of wage withholding directly to the employer. Figure 6 
indicates how the 24 private firms that participated in our structured 
telephone interviews were able to use different enforcement tools. 

Figure 6: Private Firms' Use of Enforcement Tools: 

[Refer to PDF for image: vertical bar graph] 

Withhold wages: 
Use directly: 18; 
Use indirectly[A]: 17; 
Don't use: 0. 

Report to credit bureau: 
Use directly: 14; 
Use indirectly[A]: 1; 
Don't use: 8. 

File liens: 
Use directly: 3; 
Use indirectly[A]: 16; 
Don't use: 4. 

Intercept other payments[B]: 
Use directly: 1; 
Use indirectly[A]: 17; 
Don't use: 5. 

Incarcerate: 
Use directly: 0; 
Use indirectly[A]: 17; 
Don't use: 4. 

Suspend	licenses: 
Use directly: 0; 
Use indirectly[A]: 14; 
Don't use: 9. 

Seize assets: 
Use directly: 0; 
Use indirectly[A]: 11; 
Don't use: 12. 

Intercept tax refunds: 
Use directly: 0; 
Use indirectly[A]: 9; 
Don't use: 16. 

Deny/revoke passport: 
Use directly: 0; 
Use indirectly[A]: 5; 
Don't use: 16. 
		
Note: The total may exceed 24, because private firm officials gave 
multiple responses. 

[A] A private firm must petition the court or ask the state agency to 
apply the tool. 

[B] Includes any form of periodic or lump sum payments, such as 
commissions, bonuses, worker's compensation, disability payments, 
pension or retirement income, interest, judgments, settlements, and 
lotteries. 

Source: Structured telephone interviews. 

[End of figure] 

State agency access to the enforcement tools depends on the tool and 
the state. Some state agencies have administrative authority to use 
some of the enforcement tools without petitioning the court. For 
example, state agencies in New York and South Carolina can 
administratively place liens on property, while state agencies in 
North Carolina and Maryland must petition the courts to take this 
action. However, the state agency in Illinois may administratively 
place some liens but must petition the court to place liens on real 
estate. State agencies in Idaho and Wisconsin have administrative 
authority to seize property, whereas the agencies in Michigan and 
Wyoming must petition the court. 

Both private firms and state agency officials indicated that the tool 
they used most frequently was wage withholding. In our structured 
telephone interviews, private firm officials said that they most 
frequently used, when applicable, (1) wage withholding, (2) liens on 
real estate or other assets, and (3) credit bureau reporting. State 
agency officials indicated that they most frequently used (1) wage 
withholding, (2) federal tax refund intercept, and (3) credit bureau 
reporting. 

OCSE's Wage Withholding Form and Guidance Hinder Proper Use: 

Wage withholding is a procedure by which an employer automatically 
deducts amounts from an employee's wages or income to pay a debt or a 
child support obligation. OCSE considers it the most effective 
enforcement tool for collecting child support, reporting that it is 
responsible for approximately 62 percent of successful collections. 
[Footnote 10] The process for withholding wages differs among the 
states, depending on the law of the particular state. However, in all 
states, an approved "tribunal" must authorize wage withholding.
[Footnote 11] Private firms cannot issue wage withholding orders or 
otherwise authorize wage withholding. They can request that the 
appropriate tribunal authorize wage withholding, or they can notify an 
employer, in a specific case, that wage withholding has been 
authorized. All states have an administrative process whereby state 
agencies can issue orders to withhold child support payments from a 
noncustodial parent's paycheck without going through the courts. 

Wage withholding for child support may be authorized by one of three 
documents: (1) divorce decree, (2) child support order,[Footnote 12] 
or (3) wage withholding order. Thus, there may be circumstances where 
a separate and specific "wage withholding order" must be issued, 
because wage withholding has not been authorized in a divorce decree 
or child support order. 

Before an employer can begin withholding wages from the noncustodial 
parent's pay for child support, the employer must receive either an 
authorized wage withholding order or a notice that wage withholding 
has been authorized. There is no distinction between how an employer 
must respond to a wage withholding order or a notice. Upon receipt of 
an order or notice, if it appears to be valid, an employer is required 
by law to provide a copy to the employee and begin withholding child 
support from the employee's wages.[Footnote 13] If an employer fails 
to withhold income as the order or notice directs, the employer is 
liable both for the accumulated amount that should have been withheld 
from the employee's income and for any other penalties set by state 
law (see appendix I, item e). Furthermore, the law protects an 
employer from civil liability to an individual or agency if the form 
is in error.[Footnote 14] The employee may contest the validity of the 
wage withholding or the amount withheld as a result of a mistake of 
fact. 

As required by law, OCSE developed a standard form (OMB 0970-0154) 
that everyone must use and issued guidance for wage withholding. 
[Footnote 15] As the form's title indicates, "Order/Notice to Withhold 
Child Support" (see appendix I, item a), the form is used both as an 
order and as a notice, which makes it difficult for employers to tell 
whether the form was sent by a state agency or a private firm. 
Moreover, OCSE's guidance makes it difficult for employers to ensure 
the validity of a wage withholding notice when sent by a private firm. 
Because private firms cannot authorize wage withholding, when 
employers receive a notice from a private firm without the underlying 
legal support, they do not know if wage withholding has been 
authorized by an appropriate authority. While the form provides a 
space for the sender to provide information about the underlying order 
and the issuing state (see appendix I, items b and c), the guidance 
does not require the sender to provide the date of the underlying 
order or a copy. In fact, OCSE guidance states that the employer may 
not request a copy of the underlying order. OCSE officials explained 
that this prohibition was intended to reduce the burden placed on 
state agencies that issue several thousand wage withholding orders per 
year. Furthermore, the guidance does not specify who should sign the 
form as the authorizing official, although the form includes a place 
to indicate the name, title, and signature of the authorizing official 
(see app. I, item d). We found that an official at one private firm 
was signing forms as the authorizing official. Finally, the form 
provides space for contact information in case the employer has any 
doubts about the validity of the order or notice (see app. I, item f); 
however, we found that on forms sent by private firms, frequently the 
contact named is an employee of the firm and not an authorizing 
official who would be in a better position to verify the validity of 
the notice. 

Because of the difficulty of determining the validity of forms sent by 
private firms and the requirement that an employer begin withholding 
wages upon receipt of an order or notice, we found instances in which 
employers improperly withheld wages from a noncustodial parent's 
paycheck on the basis of information from a private firm. In one case, 
the employer was properly withholding about $900 per month on the 
basis of a court order issued in October 2000. In March 2001, when the 
employer received a wage withholding notice from a private firm 
indicating that about $550 per month should be deducted from the 
employee's income, the employer began withholding that amount as well. 
The employee's attorney determined that the March 2001 wage 
withholding notice was based on a temporary order that expired in 
April 1999. On the basis of this information, the employer stopped 
withholding the amount specified in the wage withholding notice. By 
that time, however, more than $2,000 had been improperly withheld from 
the employee's wages. The employer eventually reimbursed the employee 
for the amount inappropriately withheld. 

In another case, a state agency was asked to investigate whether an 
employer, on the basis of a notice from a private firm, was improperly 
withholding wages. The state agency researched the matter but could 
not determine the basis for the wage withholding notice. Additionally, 
the state agency determined that the noncustodial parent did not owe 
any current child support and that any past-due support owed would 
have been minimal. As a result of the review, the private firm 
terminated the wage withholding notice. 

State Agencies Provided Private Firms Some of the Information That 
They Requested: 

Most state agencies provided payment history information requested by 
private firms, but few provided confidential information on the 
location of noncustodial parents or their assets. Whereas most state 
agencies provided payment history information, which nearly all 
private firms requested, officials from 12 state agencies told us that 
they never shared payment history information with private firms. Few 
state agencies provided private firms confidential information from 
the FPLS. State agencies that did not provide this information, as 
well as state agencies that did, cited federal law as the basis for 
their decision. This inconsistency is due, in part, to the ambiguity 
in the law as it applies to private agencies and to lack of 
specificity in federal regulation of, and guidance on, private firms' 
access to this information. 

Most Firms Requested and Received Payment History Information from 
State Agencies	Twenty-two of 24 private firms that participated in 
our structured telephone interviews told us that they requested 
payment history information from state agencies to verify the amount 
of child support owed. Thirty-six of 54 state agency officials told us 
that they provided payment history information to private firms 11 
said that they always provided it upon request and 25 said that they 
sometimes provided it. However, 12 state agency officials said that 
they never provided this information to private firms. Of the 25 that 
said they sometimes provided it, 22 said that they provided it only 
with consent from the custodial parent. The question was not relevant 
for the remaining 6 state agencies because either the agency was not 
the one that was responsible for maintaining payment history 
information or the agency had never received a request for the 
information from a private firm. 

Few Firms Requested Location Information, but When It Was Requested, 
Few State Agencies Provided It: 

Few private firms reported requesting information on the location and 
assets of noncustodial parents, but when this information was 
requested, most states did not provide it. Such information is 
available through the FPLS, a federal database containing personal 
information on individuals nationwide. All state agencies have access 
to data on individuals in the FPLS, whether or not the individuals are 
residents of the agency's state. 

Two-thirds of the private firms that participated in our structured 
telephone interviews told us that within the last year, they had not 
requested information from state agencies regarding the location or 
assets of noncustodial parents. The reasons that they cited most often 
for not requesting this information were that (1) state agencies will 
not provide the information, (2) there are better information sources, 
or (3) the information is not timely. 

Officials at the private firms that we visited gave similar reasons 
for not requesting location information from state agencies. For 
example, one private firm official told us that he did not ask for 
this information because the information was old and because it was 
unlikely that the state would have information not available from the 
other sources that he used. Furthermore, he stated that "for 
noncustodial parents who really do not want to be found, the National 
Directory of New Hires (NDNH), a key part of the FPLS, will not help 
because these parents change jobs frequently, are self-employed, or 
work [for cash]." Another private firm official stated that the NDNH 
was not useful because of (1) the transience of many noncustodial 
parents, (2) better ways of getting employment information, and (3) 
the high number of self-employed noncustodial parents that the 
database does not capture. Additionally, the official stated that he 
did not use FPLS data even for cases that he handled under a contract 
with a state agency, which gives him full access to FPLS data. 
Officials of the firm agreed that private information vendors provided 
more accurate information more quickly and more efficiently. When 
asked which state information sources would be helpful, another firm 
official responded that apart from the quicker access to drivers' 
records, private information vendors provided information more quickly 
than state sources, although the amount of information is limited. 

One state agency official who participated in our structured telephone 
interviews said that the state agency provided location information to 
private firms. Four state agency officials stated that sometimes they 
provided location information, but 45 state agency officials told us 
that they never did. Because state agencies can access the FPLS, state 
agencies can obtain data on individuals nationwide. A state agency 
that provides data to private firms can provide information on 
individuals residing in other states, including information that 
originated in another state. In our review of case files from private 
firms, we found instances where location data obtained from the FPLS 
were provided when the custodial parent and children lived in state A, 
the noncustodial parent lived in state B, and state C provided the 
data. Figure 7 summarizes the number of states that have provided 
payment history and location information to private firms. 

Figure 7: Number of State Agencies That Provided Information to 
Private Firms: 

[Refer to PDF for image: 2 pie-charts] 

Number of state agencies that provided payment history information 
(N=54): 
Never asked to provide: 6; 
Provided upon request: 11; 
Never provided: 12; 
Sometimes provided: 25. 

Number of state agencies that provided location information (N=54): 
Provided upon request: 1; 
Sometimes provided: 4; 
Never asked to provide: 4; 
Never provided: 45. 

Source: Structured telephone interviews. 

[End of figure] 

Differing Interpretations of Law, Lack of CSE Guidance, and Agency 
Officials' Concerns Influence Private Firms' Access to FPLS Data: 

State agencies' practices regarding the sharing of FPLS data with 
private firms were affected by differences in interpretation of 
whether federal law permits or requires state agencies to share FPLS 
data, the absence of guidance from OCSE, and state agency officials' 
concerns about whether private firms would protect confidential data. 
To prevent disclosure of personal information to unauthorized persons 
or for unauthorized purposes, the law strictly limits access to, and 
use of, FPLS data. The state official who provided FPLS data stated 
that they were required by federal law to provide FPLS data, whereas 
some who did not provide such information said that federal law 
prevented them from releasing the data. 

Determining whether or not state agencies would be permitted or 
required to provide private firms access to FPLS data rests on the 
extent to which private firms are considered authorized persons under 
the pertinent provisions of the Social Security Act. The act defines 
an authorized person to include "the resident parent, legal guardian, 
attorney, or agent of a child.... as determined by regulations 
prescribed by the Secretary [of Health and Human Services]."[Footnote 
16] Furthermore, it mandates that the FPLS shall, among other things, 
transmit to an authorized person information on the location of an 
individual who owes child support, including the individual's social 
security number and address. Additionally, the FPLS must transmit 
information on an individual's employer, wages, and assets.[Footnote 
17] 

OCSE officials from the office of policy stated that current 
regulations and guidance do not explicitly address whether private 
firms have access to this data. They also stated that they were 
studying the issue and planned to issue clarifying guidance and that 
in the absence of OCSE guidance, it is up to each state agency to 
decide whether or not to provide FPLS data to private firms.
Furthermore, state agency officials who refused to provide FPLS data 
to private firms stated that they were concerned about protecting the 
data. They said that they were not comfortable with sharing such 
confidential information with private firms and feared that the 
private firms might misuse the data. 

Conclusion: 

Private firms use many enforcement tools and information sources to 
collect child support. While OCSE considers wage withholding to be the 
most effective enforcement tool, the wage withholding form and the 
related guidance make it difficult for employers to determine the 
validity of wage withholding notices that they receive from private 
firms. As a result, noncustodial parents' wages have been improperly 
withheld. In addition, some private firms are requesting and receiving 
confidential FPLS data. It is not clear, however, whether these firms 
are authorized to receive the data. A determination by OCSE would 
ensure that all firms and their clients were treated the same. 

Given the growth in the amount of child support owed, it is possible 
that more private firms will enter the business or that those in the 
business will acquire more clients. Therefore, it is important to 
clarify as soon as possible the areas in which there is ambiguity. 
Without guidance that takes into account the role of private firms in 
collecting child support and that clearly addresses issues relevant to 
them, private firms, state agencies, and third parties may take 
inappropriate actions in their efforts to collect child support. 

Recommendations for Executive Action: 

To improve the wage withholding process, we recommend that the 
secretary of HHS direct the commissioner of OCSE to make changes to 
the wage withholding guidance and form. Specifically, OCSE should 
modify the guidance to (1) require that all parties, except state 
agencies, send a copy of the wage withholding order or other document 
authorizing wage withholding when sending a notice to employers, (2) 
allow employers to request the document(s) authorizing wage 
withholding when forms are not sent by state agencies, and (3) specify 
who should sign the form as the authorizing official. Additionally, 
OCSE should revise the form to clearly distinguish when the form is 
being sent by a state agency from when it is being sent as a notice by 
private firms or others. 

To ensure consistent and fair treatment of private firms and their 
clients, we recommend that the secretary of HHS direct the 
commissioner of OCSE to determine whether private firms should have 
access to FPLS data and issue explicit guidance addressing this issue. 

Agency Comments: 

We received written comments on a draft of this report from the 
Department of Health and Human Services. These comments are reprinted 
in appendix III. The department generally agreed with our findings and 
said that it plans to address our recommendations. Specifically, the 
department plans to clarify the income withholding form and 
instructions and address through regulation, or other appropriate 
means, whether private firms have access, through state agencies, to 
certain data in the FPLS. 

The department agreed with our finding that OCSE's data understates 
the amount of child support owed, but the department was concerned 
that the reader may attribute this finding to OCSE negligence and said 
that it would be better if we reported that OCSE data do not represent 
all child support owed; we did this. The department also stated that 
it is misleading for GAO to focus on unpaid child support accumulated 
since the program was established 27 years ago. In addition, the 
department stated that, for a number of reasons, some of the 
accumulated child support can never be collected. We noted in the body 
of the report that the total child support owed includes amounts 
unpaid since the inception of the program. We did not change the 
report to address the statement concerning the large amounts of child 
support that can never be collected, because the report cites the 
reasons that private firm and state agency officials gave us for not 
being able to collect some child support. 

Additionally, the department stated that we partially identified the 
reasons for the continued increase in uncollected child support. The 
department noted that other reasons include interest on unpaid child 
support, more accurate reporting, and child support awards that low-
income fathers are unable to pay. We noted in the report that the 
amount of unpaid child support includes interest added by some states. 
We did not change the report to address the statement about data 
accuracy, because we did not determine whether the reliability of 
OCSE's data has improved. Furthermore, we did not change the report to 
address whether amounts have been awarded that low-income fathers are 
unable to pay, because we did not examine this issue. However, we 
reported that the lack of income or assets by noncustodial parents was 
a primary reason cited by private firm and state agency officials for 
being unable to collect child support. 

The department provided technical comments, which have been 
incorporated in the report as appropriate. 

As agreed with your office, we will make no further distribution of 
this report until 30 days after its issue date, unless you publicly 
release the contents earlier. At that time, we will send copies of 
this report to appropriate congressional committees, the secretary of 
HHS, and other interested parties. We will make copies available to 
others upon request. The report will also be available on GAO's home 
page at [hyperlink, http://www.gao.gov]. If you or your staff have 
questions concerning this report, please call me on 202-512-8403. Key 
contributors are listed in appendix IV. 

Signed by: 

Cornelia M. Ashby: 
Director, Education, Workforce, and Income Security Issues: 

[End of section] 

Appendix I: Wage Withholding Form: 

(A) Order/notice To Withhold Income For Child Support: 
Original: 
Amended: 
Termination: 
State: 

(B) Co./City/Dist. of: 
Tribunal/Case Number: 
Employers/Withholder's Name: 
Employers/Withholder's Address: 
Child(ren)'s Name(s): 
DOB: 
Employer/Withholder's Federal EIN Number (if known): 
Re:	
Employee's/Obilgor's Name (Last, First, MI): 
Employee's/Obilgor's Social Security Number: 
Employee's/Obilgor's Case identifier: 
Obiigee Name (Last, First, MI): 

If checked, you are required to enroll the child(ren) identified above 
in any health insurance coverage available to the employee's/obligor's 
through his/her employment. 

(C) Order Information: This Order/Notice is based on the support order 
from _________.	 

You are required by law to deduct these amounts from the 
employee's/obligor's income until further notice. 
$_____ Per_____ current child support; 
$_____ Per_____ past-due child support - Arrears 12 weeks or greater? 
Yes? No? 	
$_____ Per_____ current medical support; 
$_____ Per_____ past-due medical support; 
$_____ Per_____ spousal support; 
$_____ Per_____ other (specify); 
for a total of $_____per_____to be forwarded to the payee below. 

You do not have to vary your pay cycle to be in compliance with the 
support order. If your pay cycle does not match the ordered payment 
cycle, withhold one of the following amounts: 
$_____per weekly pay period; 
$_____per semimonthly pay period (twice a month); 
$_____per biweekly pay period (every two weeks); 
$_____per monthly pay period. 

Remittance Information: When remitting payment, provide the pay 
date/date of withholding and the case identifier. If the 
employee's/obligor's principal place of employment is _____, begin 
withholding no later than the first pay period occurring _____days 
after the date of _____. Send payment within _____ working days of the 
pay date/date of withholding. The total withheld amount, including 
your fee, cannot exceed _____% of the employee's/obligor's aggregate 
disposable weekly earnings. 

If the employee's/obligor's principal place of employment is not 
_____, for limitations on withholding, applicable time requirements, 
and any allowable employer fees, follow the laws and procedures of the 
employee's/obligor's principal place of employment (see #4 and #10, 
Additional Information To Employers And Other Withholders). 

If remitting payment by EFT/EDI, call _____ before first submission. 
Use this FIPS code: _____: 
Bank routing code: _____: 
Bank account number: _____: 
		
Make check payable to: _____ (Payee):
Send check to: _____: (Case identifier): 

Authorized by: 
Date: 	 

(D) Print Name and Title Of Authorized Official(s): 

Important: The person completing this form is advised that the 
information on this form may be shared with the obligor. 
	
Additional Information To Employers And Other Withholders: 

If checked, you are required to provide a copy of this form to your 
employee. If your employee works in a state that is different from the 
state that issued this order, a copy must be provided to your employee 
even if the box is not checked.	 

1. We appreciate the voluntary compliance of Federally recognized 
Indian tribes, tribally-owned businesses, and Indian-owned businesses 
located on a reservation that choose to withhold in accordance with 
this notice. 

2. Priority: Withholding under this Order/Notice has priority over any 
other legal process under State law against the same income. Federal 
tax levies in effect before receipt of this order have priority. If 
there are Federal tax levies in effect, please contact the State Child 
Support Enforcement Agency or party listed in number 12 below. 

3. Combining Payments: You can combine withheld amounts from more than 
one employee's/obligor's income in a single payment to each 
agency/party requesting withholding. You must, however, separately 
identify the portion of the single payment that is attributable to 
each employee/obligor. 

4. Reporting the Paydate/Date of Withholding: You must report the 
paydate/date of withholding when sending the payment. The paydate/date 
of withholding is the date on which the amount was withheld from the 
employee's wages. You must comply with the law of the state of 
employee's/obligor's principal place of employment with respect to the 
time periods within which you must implement the withholding order and 
forward the support payments. 

5. Employee/Obligor with Multiple Support Withholdings: If there is 
more than one Order/Notice to Withhold Income for Child Support 
against this employee/obligor and you are unable to honor all support 
Order/Notices due to Federal or State withholding limits, you must 
follow the law of the state of employee's/obligor's principal place of 
employment. You	must honor all Order/Notices to the greatest extent 
possible. (See #10 below.) 
	
6. Termination Notification: You must promptly notify the Child 
Support Enforcement Agency or payee when the employee/obligor no 
longer works for you. Please provide the information requested and 
return a complete copy of this order/notice to the Child Support 
Enforcement Agency or payee. 
Employee's/obligor's Name: 
Case Identifier: 
Date Of Separation From Employment: 
Last Known Home Address: 
New Employer/address: 

7. Lump Sum Payments: You may be required to report and withhold from 
lump sum payments such as bonuses, commissions, or severance pay. If 
you have any questions about lump sum payments, contact the person or 
authority below. 
	
(E) 8. Liability: If you have any doubts about the validity of the 
Order/Notice, contact the agency or person listed below. If you fail 
to withhold income as the Order/Notice directs, you are liable for 
both the accumulated amount you should have withheld from the 
employee's/obligor's income and any other penalties set by State law. 

9. Anti-discrimination: You are subject to a fine determined under 
State law for discharging an employee/obligor from employment, 
refusing to employ, or taking disciplinary action against any 
employee/obligor because of a child support withholding. 

10. Withholding Limits: You may not withhold more than the lesser of: 
1) the amounts allowed by the Federal Consumer Credit Protection Act 
(15 U.S.C. § 1673(b)); or 2) the amounts allowed by the State of the 
employee's/obligor's principal place of employment. The Federal limit 
applies to the aggregate disposable weekly earnings (ADWE). ADWE is 
the net income left after making mandatory deductions such as: State, 
Federal, local taxes, Social Security taxes, statutory pension 
contributions, and Medicare taxes. 
Additional Information:	 

11. Submitted by: 

12. If you or your employee/obligor have any questions, contact: 
by telephone at: 
or by FAX at: 
or by Internet at: 

[End of section] 

Appendix II: Objectives, Scope, and Methodology: 

To assist Congress in its deliberations about child support 
collection, Representative Doggett asked GAO to provide information 
about several issues. Specifically, our objectives were to (1) obtain 
information on the amount of child support owed and how it has changed 
in recent years; (2) identify the number and kinds of entities that 
can collect child support and compare the characteristics of private 
child support collection firms with those of state agencies; (3) 
compare the private firms' and state agencies' collection experiences, 
information sources, and collection practices; (4) compare the 
enforcement tools available to private firms and state agencies; and 
(5) determine whether state agencies provide information requested by 
private firms. To accomplish these objectives, we reviewed related 
federal and state laws. We interviewed responsible federal officials 
as well as officials from groups that represent the interests of 
custodial parents, noncustodial parents, and children. We conducted 
structured telephone interviews with managers of the 54 state child 
support enforcement agencies and managers from 24 private firms to 
identify similarities and differences in their practices. We also 
visited 4 private firms and 2 state agencies, where we interviewed 
managers, reviewed operating policies and practices, and obtained case 
file data. 

To develop information about the amount of child support owed, we 
obtained data from the administrative information systems of the 
Office of Child Support Enforcement (OCSE) in the Department of Health 
and Human Services. The OCSE data come from reports submitted by the 
state agencies and include amounts owed and collections processed 
through the state agencies. The data include the amount of arrears 
outstanding from prior years, the amount of child support due to be 
paid in the current calendar year, and the amount of child support 
actually collected during the current year. To compute the total 
amount of child support owed, we added the prior years' arrears and 
the current year's amount due and subtracted the amount collected in 
the current year. However, OCSE's data do not represent the total 
amount of child support owed because the data reflect only amounts 
associated with cases that are handled by, and distributed through, 
the state agencies. The data neither includes amounts owed or paid 
voluntarily through agreements between parents nor amounts collected 
by private firms or attorneys. In addition, the OCSE data do not 
include unpaid child support associated with closed cases. 

To develop information about the number and characteristics of 
entities that collect child support, we reviewed relevant laws and 
regulations and interviewed both government and private sector 
officials and experts. For the purposes of our detailed analysis, we 
focused on two of the five types of entities that can collect child 
support—-state child support enforcement agencies operating under 
Section IV-D of the Social Security Act and private firms that 
concentrate all or part of their business on collecting child support. 

We used the OCSE directory of state agencies to find officials to 
participate in structured telephone interviews about state agency 
activity, and we used multiple methods to find private child support 
collection firms to participate in similar structured telephone 
interviews about private firm activity. From March through September 
2001, we identified private child support collection firms by 
searching the Internet, asking people whom we interviewed to identify 
any private firms that they were aware of, reviewing various documents 
(such as the National Child Support Enforcement Association membership 
list), and verifying telephone listings. 

Specifically, for the Internet search, we used several search engines, 
including Netscape, Ask Jeeves, Go To, LookSmart, Lycos, NBCi, and 
Google, entering the key words "child support" and "collections." Of 
the firms that we identified, we counted all that listed child support 
collection as one of their services but we excluded those that were 
private law firms. While some of the organizations that we included 
were founded or staffed by attorneys, they were not operated as law 
firms. We updated our list of private firms monthly. 

The limitations of using Internet searches to identify child support 
collection firms include: 

* the capacity and capriciousness of search engines, 

* the exclusion of companies that do not conduct business or advertise 
on the Internet, 

* the fact that firms that include child support collection as only 
one of many services are less likely to be found by traditional 
Internet searches, and, 

* changes in names by child support collection firms. 

We identified about 60 private child support collection firms during 
this 7-month period, located in about 20 states in all regions of the 
country. We followed up with telephone calls to the firms. Some firms 
provided a telephone contact on their Web site. For those that did 
not, we obtained the telephone number from experts, from other firms, 
or through company search information on the Internet. Some of the 
firms that advertised on the Internet told us when we called them that 
they had never collected, or were no longer collecting, child support. 
In addition to finding firms through Internet searches, we also found 
some firms through lists provided by knowledgeable people and through 
telephone listings. 

Experts, advocates for noncustodial parents and custodial parents, and 
industry representatives informed us that many private firms operated 
for very limited periods of time or changed company names or 
structure. In fact, we identified several companies that had had at 
least one name change or structural change. As firms have increased 
their use of the Internet, some have used their Internet address as a 
business name for some or all of their business. Interviewees provided 
the names of eight companies that could not be verified either on the 
Internet or in telephone listings. We did not include these firms, 
assuming that they were no longer in business. In September, we could 
not verify, either through an Internet search or by telephone, the 
existence of two companies that had appeared in earlier lists. 

To develop information about the characteristics, collection 
experiences, information sources, collection practices, and 
enforcement tools of state agencies and of private child support 
collection firms, we used two separate, though similar, structured 
interview guides. We used information gathered during site visits to 
develop the interview guides and then used the guides to conduct 
structured telephone interviews with each of the state agencies and 
most of the private firms on our lists. Both at the state agencies and 
at the private firms, we discussed our topics with the head of the 
agency or another official designated to speak for the head of the 
agency. Because state agencies are larger, more complex organizations 
than private firms, we transmitted a copy of the questions in advance 
to state agencies, as our pretesting had shown that this practice 
greatly facilitated state officials' ability to respond to the 
questions. 

At the time of our structured telephone interviews, we were able to 
confirm the existence of 38 firms that engaged in child support 
collection. We attempted to conduct structured telephone interviews 
with these firms. We either talked with firm employees or left 
messages explaining our work and asking the firms to participate in 
our study. Twenty-four of the private child support collection firms 
(63 percent) responded to our requests for interviews. We also used 
the two structured telephone interviews to develop information about 
whether state agencies provided information requested by private child 
support collection firms. 

After gathering and analyzing the data obtained from our structured 
telephone interviews and visits, we compared the caseload 
characteristics, collection experiences, collection practices, and 
information sources of private firms with those of state agencies. 
Because of the vast differences in the characteristics of their cases, 
however, we did not compare the average time that it took for private 
firms and state agencies to collect child support. Further, we could 
not determine whether greater access to information and enforcement 
tools would increase private firms' collections or improve their 
effectiveness because there are many factors involved in child support 
cases, and these factors can vary with each case. 

In addition, we visited four private firms and two state agencies, 
where we interviewed managers, reviewed operating policies and 
practices, and obtained case file data. These firms were included in 
the structured telephone interviews as well. We randomly selected 
cases to review from among all those that were begun during calendar 
year 2000, reasoning that this would allow enough time for activity in 
the cases by the time of our review in July and August 2001. We 
attempted to review 30 cases in each location, assuming that this 
would be sufficient to allow us to understand the basic collection 
processes and information sources; however, these samples were not 
sufficient to project our findings to the agencies' caseloads. These 
site visits provided additional information about agency 
characteristics, collection experiences, information sources, 
collection practices, and enforcement tools. 

Our choices of states to visit were based on location and overall 
child support collections. We chose states that were among the top ten 
in child support collections. We visited Texas because a 
disproportionate number of private child support collection firms (14) 
are located there. We visited Ohio because it is in a different region 
from Texas and it is also one of the top states in total collections. 
In each of the places we visited, the state agencies and private firms 
cooperated fully with our research efforts, making staff available for 
interviews and allowing us to review case files. 

[End of section] 

Appendix III: Comments from the Department of Health and Human 
Services: 

Department Of Health & Human Services: 
Office of Inspector General: 
Washington, D.C. 20201: 

March 20, 2002: 

Ms. Cornelia M. Ashby: 
Director, Education, Workforce, and Income Security Issues: 
United States General Accounting Office: 
Washington, D.C. 20548: 

Dear Ms. Ashby: 

Enclosed are the Department's comments on your draft report, "Child 
Support Enforcement: Clear Guidance Would Help Ensure Proper Access To 
Information and Use of Wage Withholding by Private Firms." The 
comments represent the tentative position of the Department and are 
subject to reevaluation when the final version of this report is 
received. 

The Department also provided several technical comments directly to 
your staff. 

The Department appreciates the opportunity to comment on this draft 
report before its publication. 

Sincerely, 

Signed by: 

Michael Mangano, for: 

Janet Rehnquist: 
Inspector General: 

Enclosure: 

The Office of Inspector General (OIG) is transmitting the Department's 
response to this draft report in our capacity as the Department's 
designated focal point and coordinator for General Accounting Office 
reports. The OIG has not conducted an independent assessment of these 
comments and therefore expresses no opinion on them. 

[End of letter] 

Comments On The General Accounting Office's Draft Report: Child 
Support Enforcement: "Clear Guidance Would Help Ensure Proper Access 
To Information And Use Of Wage Withholding By Private Firms:" 

General Comments: 

The Department of Health and Human Services (HHS) appreciates the 
opportunity to comment on this draft report, which addresses an 
important topic. The Office of Child Support Enforcement (OCSE) in the 
Administration for Children and Families has reviewed this report and 
agrees, in general, with the findings. 

GAO Analysis of Child Support Debt Owed: 

The GAO portrays OCSE data as understating the amount of child support 
owed. The GAO report also does not reflect a number of important 
reasons why the amount of unpaid child support is increasing at the 
same time overall collections have dramatically increased. 

Agency Comment: 

It is true that OCSE data on the amount of child support owed do not 
reflect all child support owed to custodial parents and children. The 
primary reason for this is that many child support-eligible families 
never request services from a state child support enforcement (CSE) 
program; their awards, collections, and arrears are not reflected in 
the data. We believe that this is the factual statement GAO is trying 
to make in its conclusion that OCSE data understate the amount of 
child support owed. However, the way this conclusion is stated in the 
executive summary (p. 2) and as the section heading in the text of the 
report (p.7), could lead the casual reader to mistakenly believe that 
this is the result of some negligence on OCSE's part. What is 
important for the reader to understand is that it is not possible for 
OCSE or anyone else to provide an accurate national estimate of the 
total amount of unpaid child support owed to custodial parents. Except 
for mandatory participation by TANF clients and some Medicaid and 
foster care clients, use of state-provided child support services is 
voluntary on the part of custodial parents. While a growing number of 
custodial parents have chosen to apply for IV-D services, many other 
parents voluntarily remain outside the state system. A more 
appropriate conclusion would be to say that "OCSE data do not 
represent all child support owed." 

It is also true that OCSE data do not reflect child support 
collections still owed at the time of case closure. However, it is 
misleading to consider as potentially collectable child support debt 
accumulated over the entire length of the 27-year old program. Unpaid 
support at the time of case closure clearly includes large amounts of 
debt that can never be collected due to death or permanent disability 
of the noncustodial parent, children reaching the age of emancipation, 
and other circumstances. Some of this debt may remain collectable, but 
only through private civil actions, not through the actions of the 
state CSE agency. 

There are many reasons why the amount of unpaid child support 
continues to increase, despite the significant increase in the amount 
collected and the increase in the number of cases with collections. 
GAO partially identifies these reasons. However, in addition to
the increase in the number of support orders established and 
adjustments made to established orders, there are other important 
reasons for the increase in the amount of unpaid support. For example, 
due to interest charges (in those states that charge interest) the 
amount of unpaid support increases over time, even if no additional 
unpaid support is added to the total. Second, because of OCSE's data 
reliability audits, the data states are reporting to OCSE are now 
improving; the large increases in the amounts owed for prior
year support might be a result of this more accurate reporting. 
Lastly, a recent OIG report pointed out that some state policies, such 
as establishing retroactive support back to the date of birth of a 
child or using imputed rather than actual earnings, often result in 
awards that low-income fathers are unable to pay. To the extent that 
CSE agencies are establishing more awards for children with low-income 
fathers, these awards can contribute to the rise in the aggregate 
amount of unpaid support. 

GAO Recommendation: 

We recommend that to improve the wage withholding process, OCSE should 
make changes to the wage withholding guidance and the form. 
Specifically, OCSE should modify the guidance to (1) require that all 
parties, except state agencies, send a copy of the wage withholding 
order or other document authorizing wage withholding when sending a 
notice to employers, (2) allow employers to request documents 
authorizing wage withholding when forms are not sent by state 
agencies, and (3) specify who should sign the form as the authorizing 
official. Additionally, OCSE should revise the form to clearly 
distinguish when the form is being sent by a state agency from when it 
is being sent by private firms or others. 

Agency Comments: 

OCSE, in conjunction with state CSE agencies and representatives from 
the American Payroll Association, the American Society for Payroll 
Management, and employers, established a work group to develop and, in 
2000, to revise the income-withholding form. During the last year, 
OCSE has been working with the Department of Defense and selected 
states to transmit information and payments electronically to improve 
enforcement. In addition, OCSE has designated staff to work with 
employers to assist them with concerns about processing and complying 
with income-withholding orders. We plan to clarify the income-
withholding form and instructions to address the concerns raised by 
GAO. 

GAO Recommendation: 

To ensure consistent and fair treatment of private firms and their 
clients, OCSE should determine whether private firms should have 
access to FPLS data and issue explicit guidance addressing this issue. 

Agency Comments: 

We are planning to address, through regulation or other appropriate 
means, the issue of whether private collection agencies have access, 
through state IV-D agencies, to certain data in the FPLS, as 
"authorized persons" in accordance with section 453(c)(3) of the 
Social Security Act. 

[End of section] 

Appendix IV: GAO Contacts and Staff Acknowledgments: 

GAO Contacts: 
Carolyn M. Taylor, assistant director (202) 512-2974: 
Lise L. Levie, analyst-in-charge (202) 512-7030: 
Susan Y. Higgins, senior analyst (202) 512-6830: 

Staff Acknowledgments: 

In addition to those named above, the following individuals made
important contributions to this report: Rebecca A. Ackley, Barbara W. 
Alsip, Richard P. Burkard, Kopp F. Michelotti, James M. Rebbe, N. Kim
Scotten, John G. Smale, Jr., and James P. Wright. 

[End of section] 

Footnotes: 

[1] State CSE agencies are established in all 50 states, the District 
of Columbia, Guam, Puerto Rico, and the Virgin Islands, by Title IV-D 
of the Social Security Act as amended. We will refer to these as state 
agencies. 

[2] In the private sector, any of thousands of attorneys and 
collection agencies can collect child support. The focus of this 
report is on collection agencies that regularly collect child support 
as a business venture. We refer to them as "private firms." In the 
public sector, in addition to the state agencies, about 100 other 
government agencies and thousands of court-appointed guardians can 
collect child support. 

[3] 42 U.S.C. §651-669b. 

[4] Pub L. No. 104-193 (Aug. 22, 1996). 

[5] The state must also determine that no income or assets are 
available to the noncustodial parent that could be levied or attached 
for support. 

[6] Child support is not legally owed unless the parents of the child 
are legally identified and a child support order is issued. 

[7] 42 U.S.C. §654(6)(B). 

[8] OCSE data show that in FY 2000 state agencies collected child 
support from 68% of their cases with support orders established. 

[9] Under some circumstances, the secretary of the treasury may 
collect past due child support by intercepting federal tax refunds and 
some other types of federal payments. According to Treasury financial 
management system reports, over $1 billion in child support was 
collected by intercepting federal tax refunds during calendar years 
1999, 2000, and 2001. 

[10] Department of Health and Human Services, Administration for 
Children and Families, Office of Child Support Enforcement, Division 
of Planning Research and Evaluation, Child Support Enforcement FY 
2000, Data Preview Report July 2001 (Washington, D.C.: 2001), 60. 

[11] An approved tribunal means a court, administrative agency, or 
quasijudicial agency authorized to establish support orders. 

[12] 42 U.S.C. §666(a)(8)(B) requires that all support orders issued 
after January 1, 1994, contain provisions for wage withholding, except 
when there is good cause not to require it or an alternative 
arrangement is reached by both parties. 

[13] 42 U.S.C. §666(b)(6)(A)(i), 42 U.S.C. §666(b)(4). 

[14] 42 U.S.C. §666(b)(6)(A)(i) states that "an employer who complies 
with an income withholding notice that is regular on its face shall 
not be subject to civil liability to any individual or agency for 
conduct in compliance with the notice." 

[15] Pursuant to 42 U.S.C. §666(a)(8)(B)(iii), states are required to 
have in effect procedures under which all non-IV-D child support 
orders issued on or after January 1, 1994, include certain 
requirements, where applicable. Among these requirements is the one 
specified in 42 U.S.C. §666(b)(6)(A)(ii) that an income withholding 
notice given to an employer be in a standard format prescribed by the 
secretary of HHS. Thus, it appears that a wage withholding notice sent 
in a non-IV-D case must be on the standard OCSE form. There is nothing 
in statute to indicate that private child support collection firms are 
exempt from this statutory requirement. 

[16] 42 U.S.C. §653(c). 

[17] 42 U.S.C. §653(a)(2). 

[End of section] 

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