110 STAT. 2322 PUBLIC LAW 104-193—AUG. 22, 1996 The staindards shall take into consideration circumstances under which cooperation may be against the best interests of the child. "(3) FEES.— Paragraph (1) shall not require the payment of a fee or other cost for services provided under part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.). " (m) NONCUSTODIAL PARENT'S COOPERATION WITH CHILD SUP- PORT AGENCIES.— "(1) IN GENERAL. —At the option of a State agency, subject to paragraphs (2) and (3), a putative or identified noncustodial parent of a child under the age of 18 (referred to in this subsection as 'the individual') shall not be eligible to participate in the food stamp program if the individual refuses to cooperate with the State agency administering the program established under part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.)— "(A) in establishing the paternity of the child (if the child is born out of wedlock); and "(B) in providing support for the child. "(2) REFUSAL TO COOPERATE. — "(A) GUIDELINES. —The Secretary, in consultation with the Secretary of Health and Human Services, shall develop guidelines on what constitutes a refusal to cooperate under paragraph (1). "(B) PROCEDURES. —The State agency shall develop procedures, using guidelines developed under subparagraph (A), for determining whether an individual is refusing to cooperate under paragraph (1). "(3) FEES.— Paragraph (1) shall not require the payment of a fee or other cost for services provided under part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.). "(4) PRIVACY.— The State agency shall provide safeguards to restrict the use of information collected by a State agency administering the program established under part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.) to purposes for which the information is collected.". SEC. 823. DISQUALIFICATION RELATING TO CHILD SUPPORT ARREARS. Section 6 of the Food Stamp Act of 1977 (7 U.S.C. 2015), as amended by section 822, is amended by adding at the end the following: "(n) DISQUALIFICATION FOR CHILD SUPPORT ARREARS.— "(1) IN GENERAL.—At the option of a State agency, no individual shall be eligible to participate in the food stamp program as a member of any household during any month that the individual is delinquent in any payment due under a court order for the support of a child of the individual. "(2) EXCEPTIONS. —Paragraph (1) shall not apply if— "(A) a court is allowing the individual to delay pay- ment; or "(B) the individual is complying with a payment plan approved by a court or the State agency designated under part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.) to provide support for the child of the individual. ".
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