I

104TH CONGRESS

1ST SESSION H. R. 801

To amend the Internal Revenue Code of 1986 and the Social Security Act

to repeal provisions relating to the State enforcement of child support

obligations and to require the Internal Revenue Service to collect child

support through wage withholding.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 2, 1995

Mr. HYDE (for himself and Ms. WOOLSEY) introduced the following bill; which

was referred to the Committee on Ways and Means

A BILL

To amend the Internal Revenue Code of 1986 and the Social

Security Act to repeal provisions relating to the State

enforcement of child support obligations and to require

the Internal Revenue Service to collect child support

through wage withholding.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Uniform Child Support

5 Enforcement Act of 1995’’.

6 SEC. 2. NATIONAL CHILD SUPPORT ORDER REGISTRY.

7 (a) ESTABLISHMENT.—
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1 (1) IN GENERAL.—The Secretary of the Treas2 ury shall establish in the Internal Revenue Service

3 a national registry of abstracts of child support or4 ders.

5 (2) CHILD SUPPORT ORDER DEFINED.—As

6 used in this section, the term ‘‘child support order’’

7 means an order, issued or modified by a State court

8 or an administrative process established under State

9 law, that requires an individual to make payments

10 for support and maintenance of a child or of a child

11 and the parent with whom the child is living.

12 (b) CONTENTS OF ABSTRACTS.—The abstract of a

13 child support order shall contain the following informa14 tion:

15 (1) The names, addresses, and social security

16 account numbers of each individual with rights or

17 obligations under the order, to the extent that the

18 authority that issued the order has not prohibited

19 the release of such information.

20 (2) The name and date of birth of any child

21 with respect to whom payments are to be made

22 under the order.

23 (3) The dollar amount of child support required

24 to be paid on a monthly basis under the order.
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1 (4) The date the order was issued or most re2 cently modified, and each date the order is required

3 or scheduled to be reviewed by a court or an admin4 istrative process established under State law.

5 (5) Any orders superseded by the order.

6 (6) Such other information as the Secretary of

7 the Treasury, in consultation with the Secretary of

8 Health and Human Services, shall, by regulation re9 quire.

10 SEC. 3. CERTAIN STATUTORILY PRESCRIBED PROCEDURES

11 REQUIRED AS A CONDITION OF RECEIVING

12 FEDERAL CHILD SUPPORT FUNDS.

13 Section 466(a) of the Social Security Act (42 U.S.C.

14 666(a)) is amended by inserting after paragraph (10) the

15 following:

16 ‘‘(11)(A) Procedures which require any State

17 court or administrative agency that issues or modi18 fies (or has issued or modified) a child support order

19 to transmit an abstract of the order to the Internal

20 Revenue Service on the later of—

21 ‘‘(i) the date the order is issued or modi22 fied; or

23 ‘‘(ii) the effective date of this paragraph.

24 ‘‘(B) Procedures which—
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1 ‘‘(i) require any individual with the right

2 to collect child support pursuant to an order is3 sued or modified in the State (whether before

4 or after the effective date of this paragraph) to

5 be presumed to have assigned to the Internal

6 Revenue Service the right to collect such sup7 port, unless the individual affirmatively elects to

8 retain such right at any time; and

9 ‘‘(ii) allow any individual who has made

10 the election referred to in clause (i) to rescind

11 or revive such election at any time.’’.

12 SEC. 4. COLLECTION OF CHILD SUPPORT BY INTERNAL

13 REVENUE SERVICE.

14 (a) IN GENERAL.—Chapter 77 of the Internal Reve15 nue Code of 1986 (relating to miscellaneous provisions)

16 is amended by adding at the end thereof the following new

17 section:

18 ‘‘SEC. 7524. COLLECTION OF CHILD SUPPORT.

19 ‘‘(a) EMPLOYEE TO NOTIFY EMPLOYER OF CHILD

20 SUPPORT OBLIGATION.—

21 ‘‘(1) IN GENERAL.—Each employee shall speci22 fy, on each withholding certificate furnished to such

23 employee’s employer—

24 ‘‘(A) the monthly amount (if any) of each

25 child support obligation of such employee, and
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1 ‘‘(B) the TIN of the individual to whom

2 each such obligation is owed.

3 ‘‘(2) WHEN CERTIFICATE FILED.—In addition

4 to the other required times for filing a withholding

5 certificate, a new withholding certificate shall be

6 filed within 30 days after the date of any change in

7 the information specified under paragraph (1).

8 ‘‘(3) PERIOD CERTIFICATE IN EFFECT.—Any

9 specification under paragraph (1) shall continue in

10 effect until another withholding certificate takes ef11 fect which specifies a change in the information

12 specified under paragraph (1).

13 ‘‘(4) AUTHORITY TO SPECIFY SMALLER CHILD

14 SUPPORT AMOUNT.—In the case of an employee who

15 is employed by more than 1 employer for any period,

16 such employee may specify less than the monthly

17 amount described in paragraph (1)(A) to each such

18 employer so long as the total of the amounts speci19 fied to all such employers is not less than such

20 monthly amount.

21 ‘‘(b) CERTAIN OBLIGATIONS EXEMPT.—This section

22 shall not apply to a child support obligation for any month

23 if the individual to whom such obligation is owned has so

24 notified the Secretary and the individual owing such obli-
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1 gation more than 30 business days before the beginning

2 of such month.

3 ‘‘(c) EMPLOYER OBLIGATIONS.—

4 ‘‘(1) REQUIREMENT TO DEDUCT AND WITH5 HOLD.—

6 ‘‘(A) IN GENERAL.—Every employer who

7 receives a certificate under subsection (a) that

8 specifies that the employee has a child support

9 obligation for any month shall deduct and with10 hold from the wages (as defined in section

11 3401(a)) paid by such employer to such em12 ployee during each month that such certificate

13 is in effect an additional amount equal to the

14 amount of such obligation or such other amount

15 as may be specified by the Secretary under sub16 section (d).

17 ‘‘(B) LIMITATION ON AGGREGATE WITH18 HOLDING.—In no event shall an employer de19 duct and withhold under this section from a

20 payment of wages an amount in excess of the

21 amount of such payment which would be per22 mitted to be garnished under section 303(b) of

23 the Consumer Credit Protection Act.

24 ‘‘(2) NOTICE TO SECRETARY.—
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1 ‘‘(A) IN GENERAL.—Every employer who

2 receives a withholding certificate shall, within

3 30 business days after such receipt, submit a

4 copy of such certificate to the Secretary.

5 ‘‘(B) EXCEPTION.—Subparagraph (A)

6 shall not apply to any withholding certificate

7 if—

8 ‘‘(i) a previous withholding certificate

9 is in effect with the employer, and

10 ‘‘(ii) the information shown on the

11 new certificate with respect to child sup12 port is the same as the information with

13 respect to child support shown on the cer14 tificate in effect.

15 ‘‘(3) WHEN WITHHOLDING OBLIGATION TAKES

16 EFFECT.—Any withholding obligation with respect

17 to a child support obligation of an employee shall

18 commence with the first payment of wages after the

19 certificate is furnished.

20 ‘‘(d) SECRETARY TO VERIFY AMOUNT OF CHILD

21 SUPPORT OBLIGATION.—

22 ‘‘(1) VERIFICATION OF INFORMATION SPECI23 FIED ON WITHHOLDING CERTIFICATES.—Within 45

24 business days after receiving a withholding certifi25 cate of any employee, or a notice from any person
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1 claiming that an employee is delinquent in making

2 any payment pursuant to a child support obligation,

3 the Secretary shall determine whether the informa4 tion available to the Secretary under section 2 of the

5 Uniform Child Support Enforcement Act of 1995 in6 dicates that such employee has a child support obli7 gation.

8 ‘‘(2) EMPLOYER NOTIFIED IF INCREASED

9 WITHHOLDING IS REQUIRED.—If the Secretary de10 termines that an employee’s child support obligation

11 is greater than the amount (if any) shown on the

12 withholding certificate in effect with respect to such

13 employee, the Secretary shall, within 45 business

14 days after such determination, notify the employer

15 to whom such certificate was furnished of the cor16 rect amount of such obligation, and such amount

17 shall apply in lieu of the amount (if any) specified

18 by the employee with respect to payments of wages

19 by the employer after the date the employer receives

20 such notice.

21 ‘‘(3) DETERMINATION OF CORRECT AMOUNT.—

22 In making the determination under paragraph (2),

23 the Secretary shall take into account whether the

24 employee is an employee of more than 1 employer
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1 and shall appropriately adjust the amount of the re2 quired withholding from each such employer.

3 ‘‘(e) CHILD SUPPORT OBLIGATIONS REQUIRED TO

4 BE PAID WITH INCOME TAX RETURN.—

5 ‘‘(1) IN GENERAL.—The child support obliga6 tion of any individual for months ending with or

7 within any taxable year shall be paid—

8 ‘‘(A) not later than the last date (deter9 mined without regard to extensions) prescribed

10 for filing his return of tax imposed by chapter

11 1 for such taxable year, and

12 ‘‘(B)(i) if such return is filed not later

13 than such date, with such return, or

14 ‘‘(ii) in any case not described in clause (i),

15 in such manner as the Secretary may by regula16 tions prescribe.

17 ‘‘(2) CREDIT FOR AMOUNT PREVIOUSLY

18 PAID.—The amount required to be paid by an indi19 vidual under paragraph (1) shall be reduced by the

20 sum of—

21 ‘‘(A) the amount collected under this sec22 tion with respect to periods during the taxable

23 year, plus
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1 ‘‘(B) the amount (if any) paid by such in2 dividual under section 6654 by reason of sub3 section (f)(3) thereof for such taxable year.

4 ‘‘(f) FAILURE TO PAY AMOUNT OWING.—If an indi5 vidual fails to pay the full amount required to be paid

6 under subsection (e) on or before due date for such pay7 ment, the Secretary shall assess and collect the unpaid

8 amount in the same manner, with the same powers, and

9 subject to the same limitations applicable to a tax imposed

10 by subtitle C the collection of which would be jeopardized

11 by delay.

12 ‘‘(g) CREDIT OR REFUND FOR WITHHELD CHILD

13 SUPPORT IN EXCESS OF ACTUAL OBLIGATION.—There

14 shall be allowed as a credit against the taxes imposed by

15 subtitle A for the taxable year an amount equal to the

16 excess (if any) of—

17 ‘‘(1) the aggregate of the amounts described in

18 subparagraphs (A) and (B) of subsection (e)(2),

19 over

20 ‘‘(2) the actual child support obligation of the

21 taxpayer for such taxable year.

22 The credit allowed by this subsection shall be treated for

23 purposes of this title as allowed by subpart C of part IV

24 of subchapter A of chapter 1.

25 ‘‘(h) CHILD SUPPORT TREATED AS TAXES.—
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1 ‘‘(1) IN GENERAL.—For purposes of penalties

2 and interest related to failure to deduct and with3 hold taxes, amounts required to be deducted and

4 withheld under this section shall be treated as taxes

5 imposed by chapter 24.

6 ‘‘(2) OTHER RULES.—Rules similar to the rules

7 of sections 3403, 3404, 3501, 3502, 3504, and 3505

8 shall apply with respect to child support obligations

9 required to be deducted and withheld.

10 ‘‘(3) SPECIAL RULE FOR COLLECTIONS.—For

11 purposes of collecting any unpaid amount which is

12 required to be paid under this section—

13 ‘‘(A) paragraphs (4), (6), and (8) of sec14 tion 6334(a) (relating to property exempt from

15 levy) shall not apply, and

16 ‘‘(B) there shall be exempt from levy so

17 much of the salary, wages, or other income of

18 an individual as is being withheld therefrom in

19 garnishment pursuant to a judgment entered by

20 a court of competent jurisdiction for the sup21 port of his minor children.

22 ‘‘(i) COLLECTIONS DISPERSED TO INDIVIDUAL

23 OWED OBLIGATION.—

24 ‘‘(1) IN GENERAL.—Payments received by the

25 Secretary pursuant to this section or by reason of
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1 section 6654(f)(3) which are attributable to a child

2 support obligation payable for any month shall be

3 paid (to the extent such payments do not exceed the

4 amount of such obligation for such month) to the in5 dividual to whom such obligation is owed as quickly

6 as possible. Any penalties and interest collected with

7 respect to such payments also shall be paid to such

8 individual.

9 ‘‘(2) SHORTFALLS IN PAYMENTS MADE BY

10 OTHER WITHHELD AMOUNTS.—If the amount pay11 able under a child support obligation for any month

12 exceeds the payments (referred in paragraph (1)) re13 ceived with respect to such obligation for such

14 month, such excess shall be paid from other amounts

15 received under subtitle C or section 6654 with re16 spect to the individual owing such obligation. The

17 treasury of the United States shall be reimbursed

18 for such other amounts from collections from the in19 dividual owing such obligation.

20 ‘‘(3) FAMILIES RECEIVING STATE ASSIST21 ANCE.—In the case of an individual with respect to

22 whom an assignment of child support payments to

23 a State is in effect—

24 ‘‘(A) of the amounts collected which rep25 resent monthly support payments, the first $50
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1 of any payments for a month shall be paid to

2 such individual, and

3 ‘‘(B) all other amounts shall be paid to

4 such State pursuant to such assignment.

5 ‘‘(j) TREATMENT OF ARREARAGES UNDER CHILD

6 SUPPORT OBLIGATIONS NOT SUBJECT TO SECTION FOR

7 PRIOR PERIOD.—If—

8 ‘‘(1) this section did not apply to any child sup9 port obligation by reason of subsection (b) for any

10 prior period, and

11 ‘‘(2) there is a legally enforceable past-due

12 amount under such obligation for such period,

13 then such past-due amount shall be treated for purposes

14 of this section as owed (until paid) for each month that

15 this section applies to such obligation.

16 ‘‘(k) DEFINITIONS AND SPECIAL RULES.—

17 ‘‘(1) DEFINITIONS.—For purposes of this sec18 tion—

19 ‘‘(A) WITHHOLDING CERTIFICATE.—The

20 term ‘withholding certificate’ means the with21 holding exemption certificate used for purposes

22 of chapter 24.

23 ‘‘(B) BUSINESS DAY.—The term ‘business

24 day’ means any day other than a Saturday,
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1 Sunday, or legal holiday (as defined in section

2 7503).

3 ‘‘(2) TIMELY MAILING.—Any notice under sub4 section (c)(2) or (d)(2) which is delivered by United

5 States mail shall be treated as given on the date of

6 the United States postmark stamped on the cover in

7 which such notice is mailed.

8 ‘‘(l) REGULATIONS.—The Secretary shall prescribe

9 such regulations as may be necessary or appropriate to

10 carry out the purposes of this section.’’

11 (b) WITHHELD CHILD SUPPORT TO BE SHOWN ON

12 W–2.—Subsection (a) of section 6051 of such Code is

13 amended by striking ‘‘and’’ at the end of paragraph (8),

14 by striking the period at the end of paragraph (9) and

15 inserting ‘‘, and’’, and by inserting after paragraph (9)

16 the following new paragraph:

17 ‘‘(10) the total amount deducted and withheld

18 as a child support obligation under section 7524(c).’’

19 (c) APPLICATION OF ESTIMATED TAX.—

20 (1) IN GENERAL.—Subsection (f) of section

21 6654 of such Code (relating to failure by individual

22 to pay estimated income tax) is amended by striking

23 ‘‘minus’’ at the end of paragraph (2) and inserting

24 ‘‘plus’’, by redesignating paragraph (3) as paragraph
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1 (4), and by inserting after paragraph (2) the follow2 ing new paragraph:

3 ‘‘(3) the aggregate amount of the child support

4 obligations of the taxpayer for months ending with

5 or within the taxable year (other than such an obli6 gation for any month for which section 7524 does

7 not apply to such obligation), minus’’.

8 (2) Paragraph (1) of section 6654(d) of such

9 Code is amended by adding at the end the following

10 new subparagraph:

11 ‘‘(D) DETERMINATION OF REQUIRED AN12 NUAL PAYMENT FOR TAXPAYERS REQUIRED TO

13 PAY CHILD SUPPORT.—In the case of a tax14 payer who is required under section 7524 to

15 pay a child support obligation (as defined in

16 section 7524) for any month ending with or

17 within the taxable year, the required annual

18 payment shall be the sum of—

19 ‘‘(i) the amount determined under

20 subparagraph (B) without regard to sub21 section (f)(3), plus

22 ‘‘(ii) the aggregate amount described

23 in subsection (f)(3).’’

24 (3) CREDIT FOR WITHHELD AMOUNTS, ETC.—

25 Subsection (g) of section 6654 of such Code is
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1 amended by adding at the end the following new

2 paragraph:

3 ‘‘(3) CHILD SUPPORT OBLIGATIONS.—For pur4 poses of applying this section, the amounts collected

5 under section 7524 shall be deemed to be a payment

6 of the amount described in subsection (f)(3) on the

7 date such amounts were actually withheld or paid, as

8 the case may be.’’

9 (d) PENALTY FOR FALSE INFORMATION ON WITH10 HOLDING CERTIFICATE.—Section 7205 of such Code (re11 lating to fraudulent withholding exemption certificate or

12 failure to supply information) is amended by adding at

13 the end the following new subsection:

14 ‘‘(c) WITHHOLDING OF CHILD SUPPORT OBLIGA15 TIONS.—If any individual willfully makes a false state16 ment under section 7524(a), then such individual shall,

17 in addition to any other penalty provided by law, upon

18 conviction thereof, be fined not more than $1,000, or im19 prisoned not more than 1 year, or both.’’

20 (e) NEW WITHHOLDING CERTIFICATE REQUIRED.—

21 Not later than 90 days after the date this Act takes effect,

22 each employee who has a child support obligation to which

23 section 7524 of the Internal Revenue Code of 1986 (as

24 added by this section) applies shall furnish a new with25 holding certificate to each of such employee’s employers.
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1 An certificate required under the preceding sentence shall

2 be treated as required under such section 7524.

3 (f) REPEAL OF OFFSET OF PAST-DUE SUPPORT

4 AGAINST OVERPAYMENTS.—

5 (1) Section 6402 of such Code is amended by

6 striking subsections (c) and (g) and by redesignating

7 subsections (d), (e), (f), (h), and (i) as subsections

8 (c), (d), (e), (f), and (g), respectively.

9 (2) Subsection (a) of section 6402 of such Code

10 is amended by striking ‘‘subsections (c) or (d)’’ and

11 inserting ‘‘subsection (c)’’.

12 (3) Subsection (c) of section 6402 of such Code

13 (as redesignated by paragraph (1)) is amended—

14 (A) by striking ‘‘(other than past-due sup15 port subject to the provisions of subsection

16 (c))’’ in paragraph (1),

17 (B) by striking ‘‘after such overpayment is

18 reduced pursuant to subsection (c) with respect

19 to past-due support collected pursuant to an as20 signment under section 402(a)(26) of the Social

21 Security Act and’’ in paragraph (2).

22 (4) Subsection (d) of section 6402 of such Code

23 (as redesignated by paragraph (1)) is amended by

24 striking ‘‘or (d)’’.
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1 (g) REPEAL OF COLLECTION OF PAST-DUE SUP2 PORT.—Section 6305 of such Code is hereby repealed.

3 (h) CLERICAL AMENDMENTS.—

4 (1) The table of sections for subchapter A of

5 chapter 64 of such Code is amended by striking the

6 item relating to section 6305.

7 (2) The table of sections for chapter 77 of such

8 Code is amended by adding at the end thereof the

9 following new item:

‘‘Sec. 7524. Collection of child support.’’

10 (h) USE OF PARENT LOCATOR SERVICE.—Section

11 453(a) of the Social Security Act (42 U.S.C. 653(a)) is

12 amended by inserting ‘‘or the Internal Revenue Service’’

13 before ‘‘information as’’.

14 SEC. 5. PATERNITY ESTABLISHMENT PROCEDURES.

15 (a) IN GENERAL.—Section 466(a)(5)(C) of the Social

16 Security Act (42 U.S.C. 666(a)(5)(C)) is amended—

17 (1) by redesignating the 1st sentence as clause

18 (i)(I);

19 (2) by inserting after such clause the following:

20 ‘‘(II) Such procedures must provide that any

21 such explanation to a mother include the following

22 information:

23 ‘‘(aa) Signing a paternity acknowledgment

24 affidavit is voluntary.
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1 ‘‘(bb) Once paternity of a child is estab2 lished, the father of the child has the right to

3 seek custody of the child or visitation rights

4 with respect to the child.

5 ‘‘(cc) Once paternity of a child is estab6 lished, the mother of the child has the right to

7 seek from the father of the child financial and

8 medical support for the child.

9 ‘‘(dd) The effect that the courts of the

10 State will give to a signed paternity acknowl11 edgment affidavit.

12 ‘‘(III) Such procedures must provide that any

13 such explanation to a possible father include the fol14 lowing information:

15 ‘‘(aa) Signing a paternity acknowledgment

16 affidavit is voluntary.

17 ‘‘(bb) Genetic testing is available and will

18 be provided upon request.

19 ‘‘(cc) The policy of the State with respect

20 to payment for the cost of genetic testing.

21 ‘‘(dd) Once paternity of a child is estab22 lished, the father of the child has the right to

23 seek custody of the child or visitation rights

24 with respect to the child.
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1 ‘‘(ee) Once paternity of a child is estab2 lished, the mother of the child has the right to

3 seek from the father of the child financial and

4 medical support for the child.

5 ‘‘(ff) The effect that the courts of the

6 State will give to a signed paternity acknowl7 edgment affidavit.

8 ‘‘(IV) Such procedures must provide that the

9 information required to be provided under subclause

10 (II) or (III) must be provided—

11 ‘‘(aa) orally and in writing;

12 ‘‘(bb) where appropriate, in the language

13 of the individual to whom the information is re14 quired to be provided; and

15 ‘‘(cc) if the individual is blind or hearing16 impaired, in a manner accessible to the individ17 ual.’’;

18 (3) by indenting the 2nd sentence 2 ems and

19 redesignating such sentence as clause (ii); and

20 (4) by inserting after such clause (ii) the follow21 ing:

22 ‘‘(iii) Such procedures must require the State

23 agency responsible for maintaining birth records to

24 offer voluntary paternity establishment services.
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1 ‘‘(iv) Such procedures must require the State to

2 use only the affidavit developed under section

3 452(a)(7) for the voluntary acknowledgment of pa4 ternity, and to give full faith and credit to such an

5 affidavit signed in any other State.

6 ‘‘(v) The Secretary shall prescribe regulations

7 governing voluntary paternity establishment services

8 offered by entities other than hospitals, which shall

9 include a requirement that any State agency that

10 provides such services must use the same materials

11 used by, provide the personnel providing such serv12 ices with the same training provided by, and evalu13 ate the provision of such services in the same man14 ner as hospital-based voluntary paternity establish15 ment programs.’’.

16 (b) NATIONAL PATERNITY ACKNOWLEDGMENT AFFI17 DAVIT.—Section 452(a)(7) of such Act (42 U.S.C.

18 652(a)(7)) is amended by inserting ‘‘, and develop an affi19 davit to be used for the voluntary acknowledgment of pa20 ternity’’ before the semicolon.

21 (c) SIGNED PATERNITY ACKNOWLEDGMENT AFFIDA22 VIT CONCLUSIVELY PRESUMED TO ESTABLISH PATER23 NITY.—Section 466(a)(5)(D) of such Act (42 U.S.C.

24 666(a)(5)(D)) is amended—

25 (1) by inserting ‘‘(i)’’ after ‘‘(D)’’; and
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1 (2) by adding at the end the following:

2 ‘‘(ii)(I) Such procedures shall provide that the

3 written voluntary acknowledgment of the paternity

4 of a child shall, upon the expiration of the challenge

5 period, create a legal finding of paternity—

6 ‘‘(aa) without any further action; or

7 ‘‘(bb) at the option of the State, after a

8 court or administrative agency with which the

9 document containing the acknowledgment has

10 been filed within 5 business days after the expi11 ration of the challenge period issues an order

12 establishing such paternity.

13 ‘‘(II) As used in subclause (I), the term ‘chal14 lenge period’ means, with respect to an acknowledg15 ment of paternity—

16 ‘‘(aa) the 30-day period that begins on the

17 date of the acknowledgment; or

18 ‘‘(bb) if the person who executed the ac19 knowledgment undergoes genetic testing within

20 30 days after the date of the acknowledgment,

21 the 30-day period that begins with the date the

22 person is notified of the results of the genetic

23 testing.’’.

24 (d) DEADLINE FOR ISSUANCE OF STANDARDS FOR

25 STAFFING STATE CHILD SUPPORT PROGRAMS.—Within 1
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1 year after the date of the enactment of this Act, the Sec2 retary of Health and Human Services shall establish the

3 staffing requirements required to be established under sec4 tion 452(a)(2) of the Social Security Act, including the

5 requirement that a State shall, to the extent practicable,

6 fill positions created in order to carry out the amendments

7 made by this Act with personnel of the organizational unit

8 referred to in section 454(3) of the Social Security Act

9 whose positions are eliminated in order to carry out such

10 amendments.

11 SEC. 6. ELIMINATION OF PROVISIONS OF LAW RELATING

12 TO STATE ENFORCEMENT OF CHILD SUP13 PORT OBLIGATIONS OTHER THAN MEDICAL

14 SUPPORT OBLIGATIONS.

15 (a) AMENDMENT OF THE SOCIAL SECURITY ACT.—

16 Except as otherwise expressly provided, wherever in this

17 section an amendment or repeal is expressed in terms of

18 an amendment to, or repeal of, a section or other provi19 sion, the reference shall be considered to be made to a

20 section or other provision of the Social Security Act.

21 (b) AMENDMENTS TO SECTION 402.—Section 402(a)

22 (42 U.S.C. 602(a)) is amended—

23 (1) in paragraph (8)(A)(vi), by striking ‘‘(in24 cluding support payments collected and paid to the

25 family under section 457(b))’’;
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1 (2) in paragraph (26)(B), by striking ‘‘support’’

2 and all that follows through ‘‘child,’’ and inserting

3 ‘‘any payments or property interests due such appli4 cant or a child with respect to whom such aid is

5 claimed,’’; and

6 (3) in paragraph (28), by striking ‘‘pursuant to

7 a plan approved under part D, and retained by the

8 State under section 457’’ and inserting ‘‘and re9 tained by the State’’.

10 (c) AMENDMENTS TO SECTION 403.—Section

11 403(b)(2) (42 U.S.C. 603(b)(2)) is amended—

12 (1) by inserting ‘‘and’’ before ‘‘(B)’’; and

13 (2) by striking ‘‘, and (C)’’ and all that follows

14 through ‘‘such section’’.

15 (d) AMENDMENT TO SECTION 406.—Section 406(h)

16 (42 U.S.C. 606(h)) is amended by striking ‘‘under part

17 D’’.

18 (e) AMENDMENTS TO SECTION 408.—Section 408

19 (42 U.S.C. 608) is amended—

20 (1) in subsection (f)—

21 (A) in paragraph (2)(C), by striking the

22 semicolon and inserting a period; and

23 (B) by striking all that follows paragraph

24 (2)(C); and
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1 (2) in subsection (m), by striking paragraphs

2 (4) and (5) and redesignating paragraph (6) as

3 paragraph (4).

4 (f) AMENDMENTS TO SECTION 451.—Section 451

5 (42 U.S.C. 651) is amended—

6 (1) by inserting ‘‘medical’’ before ‘‘support obli7 gations’’;

8 (2) by striking ‘‘obtaining child and spousal

9 support’’ and inserting ‘‘establishing child and

10 spousal support obligations of noncustodial parents’’;

11 and

12 (3) by striking ‘‘obtaining support’’ and insert13 ing ‘‘establishing such obligations and obtaining

14 medical support’’.

15 (g) AMENDMENTS TO SECTION 452.—Section 452

16 (42 U.S.C. 652) is amended—

17 (1) in subsection (a)—

18 (A) in paragraph (1), by striking ‘‘obtain19 ing child support and support for the spouse (or

20 former spouse) with whom the absent parent’s

21 child is living’’ and inserting ‘‘establishing child

22 and spousal support obligations of noncustodial

23 parents and obtaining medical support from

24 noncustodial parents’’;
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1 (B) in paragraph (7), by striking ‘‘collect2 ing child and spousal support’’ and inserting

3 ‘‘establishing child and spousal support obliga4 tions and collecting child and spousal medical

5 support’’;

6 (C) in paragraph (8)—

7 (i) by inserting ‘‘the medical support

8 requirements of’’ before ‘‘court’’ the 1st

9 place such term appears; and

10 (ii) by inserting ‘‘medical support re11 quirements of’’ before ‘‘court’’ the 2nd

12 place such term appears; and

13 (iii) by striking ‘‘such order’’ and in14 serting ‘‘such requirements’’;

15 (D) in paragraph (10)—

16 (i) in subparagraph (A)—

17 (I) by striking ‘‘and collections’’;

18 and

19 (II) by striking ‘‘, the distribu20 tion of collections to families, State

21 and local governmental units, and the

22 Federal Government’’;

23 (ii) in subparagraph (C)—

24 (I) by striking ‘‘cases where the

25 child was formerly receiving such aid
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1 or payments and the State is continu2 ing to collect support assigned to it

3 under section 402(a)(26) or

4 471(a)(17),’’;

5 (II) in each of clauses (iii) and

6 (iv)—

7 (aa) by striking ‘‘support

8 was collected’’ and inserting

9 ‘‘medical support was provided’’;

10 and

11 (bb) by striking ‘‘such col12 lections’’ and inserting ‘‘medical

13 support so provided’’; and

14 (III) in clause (v), by striking

15 ‘‘collections made in each State’’ and

16 inserting ‘‘medical support provided

17 as a result of State action’’;

18 (iii) in subparagraph (G)—

19 (I) by striking ‘‘and on use of the

20 Internal Revenue Service for collec21 tions’’ and inserting ‘‘to obtain medi22 cal support’’; and

23 (II) by striking ‘‘on which collec24 tions were made’’ and inserting ‘‘with
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1 respect to which medical support was

2 provided’’; and

3 (iv) in the sentence that follows sub4 paragraph (I)—

5 (I) by striking ‘‘the total

6 amount’’ and all that follows through

7 ‘‘(ii)’’; and

8 (II) by striking ‘‘such services to

9 those individuals’’ and inserting ‘‘serv10 ices to individuals under section

11 454(6) during the fiscal year’’; and

12 (E) by striking paragraph (6) and redesig13 nating paragraphs (7), (8), (9), and (10) as

14 paragraphs (6), (7), (8), and (9), respectively;

15 (2) in subsection (d), by striking ‘‘454(16)’’

16 each place such term appears and inserting

17 ‘‘454(12)’’;

18 (3) in subsection (g)(2)(A), by striking

19 ‘‘454(6)’’ each place such term appears and insert20 ing ‘‘454(5)’’;

21 (4) in subsection (h)—

22 (A) by striking ‘‘and enforcing support or23 ders’’ and inserting ‘‘support orders and enforc24 ing the medical support requirements of such

25 orders’’; and
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1 (B) by striking ‘‘and collect child support

2 awards’’ and inserting ‘‘child support orders

3 and obtain medical support under such orders’’;

4 and

5 (5) by striking subsections (b), (c), and (i) and

6 redesignating subsections (d), (e), (f), (g), and (h)

7 as subsections (b), (c), (d), (e), and (f), respectively.

8 (h) AMENDMENTS TO SECTION 454.—Section 454

9 (42 U.S.C. 654) is amended—

10 (1) in paragraph (4)(B)—

11 (A) by inserting ‘‘medical’’ before ‘‘support

12 for such child’’; and

13 (C) by inserting ‘‘medical’’ before ‘‘support

14 obligation’’ each place such term appears;

15 (2) in paragraph (6)—

16 (A) in subparagraph (A)—

17 (i) by striking ‘‘collection’’ and insert18 ing ‘‘establishment’’; and

19 (ii) by inserting ‘‘medical’’ before

20 ‘‘support obligation’’ each place such term

21 appears; and

22 (B) by striking subparagraph (C) and re23 designating subparagraphs (D) and (E) as sub24 paragraphs (C) and (D), respectively;
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1 (3) in paragraph (9)(C), by striking ‘‘support

2 and maintenance’’ and inserting ‘‘medical support’’;

3 (4) in paragraph (13), by striking ‘‘support

4 payments’’ and inserting ‘‘medical support’’;

5 (5) in paragraph (16)—

6 (A) in subparagraph (A)—

7 (i) in clause (i), by inserting ‘‘medi8 cal’’ before ‘‘support enforcement’’; and

9 (ii) in clause (ii), by inserting ‘‘medi10 cal’’ before ‘‘support’’; and

11 (B) in subparagraph (B), by inserting

12 ‘‘medical’’ before ‘‘support’’;

13 (6) in paragraph (19)(A), by inserting ‘‘medi14 cal’’ before ‘‘support’’;

15 (7) in paragraph (21)(A), by striking ‘‘466(e)’’

16 and inserting ‘‘466(c)’’;

17 (8) in paragraph (23), by inserting ‘‘medical’’

18 before ‘‘support’’; and

19 (9) by striking paragraphs (5), (10), (11), (12),

20 (18), and (22), and redesignating paragraphs (6),

21 (7), (8), (9), (13), (14), (15), (16), (17), (19), (20),

22 (21), (23), and (24) as paragraphs (5) through (18),

23 respectively.
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1 (i) AMENDMENTS TO SECTION 455.—Section 455(e)

2 (42 U.S.C. 655) is amended by inserting ‘‘medical’’ before

3 ‘‘support’’ each place such term appears.

4 (j) AMENDMENTS TO SECTION 456.—Section 456(a)

5 (42 U.S.C. 656(a)) is amended—

6 (1) in paragraph (1), by striking the 2nd sen7 tence;

8 (2) in paragraph (2), by striking ‘‘, and’’ at the

9 end and inserting a period; and

10 (3) in paragraph (3), by striking ‘‘amounts’’

11 and inserting ‘‘medical support’’.

12 (k) REPEAL OF SECTIONS 457, 458, AND 464.—Sec13 tions 457, 458, and 464 (42 U.S.C. 657, 658, and 664)

14 are hereby repealed.

15 (l) AMENDMENTS TO SECTION 466.—Section 466

16 (42 U.S.C. 666) is amended—

17 (1) in subsection (a)—

18 (A) in the matter preceding paragraph (1),

19 by striking ‘‘454(20)(A)’’ and inserting

20 ‘‘454(15)(A)’’;

21 (B) in paragraph (2)—

22 (i) in the 1st sentence, by striking

23 ‘‘and enforcing support’’ and inserting

24 ‘‘support orders and enforcing medical

25 support obligations under such’’; and
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1 (ii) in the 2nd sentence, by inserting

2 ‘‘of medical support obligations’’ after ‘‘en3 forcement’’; and

4 (C) by striking paragraphs (1), (3), (4),

5 (6), (7), and (8), and the matter following para6 graph (12), and redesignating paragraphs (2),

7 (5), (9), (10), (11), and (12) (as added by sec8 tion 3 of this Act) as paragraphs (1) through

9 (6), respectively;

10 (2) in subsection (d)—

11 (A) by inserting ‘‘medical’’ before ‘‘sup12 port’’; and

13 (B) by striking ‘‘enforcement’’; and

14 (3) in subsection (e), by striking ‘‘support and

15 maintenance’’ and inserting ‘‘medical support’’;

16 (3) by striking subsections (b) and (c) and re17 designating subsections (d) and (e) as subsections

18 (b) and (c), respectively.

19 (m) AMENDMENT TO SECTION 468.—Section 468

20 (42 U.S.C. 668) is amended by striking ‘‘enforcement’’.

21 (n) AMENDMENTS TO SECTION 469.—Section 469

22 (42 U.S.C. 669) is amended—

23 (1) in the section heading, by striking ‘‘EN24 FORCEMENT’’;
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1 (2) in subsection (a)(1), by striking ‘‘enforce2 ment’’; and

3 (3) in subsection (b)(4), by striking ‘‘enforcing

4 or’’.

5 (o) AMENDMENT TO THE BALANCED BUDGET AND

6 EMERGENCY DEFICIT CONTROL ACT OF 1985.—Section

7 256(f) of the Balanced Budget and Emergency Deficit

8 Control Act of 1985 (2 U.S.C. 906(f)) is amended by

9 striking ‘‘sections 455 and 458’’ and inserting ‘‘section

10 455’’.

11 (q) AMENDMENT TO TITLE 5, UNITED STATES

12 CODE.—Section 552a(a)(S)(iv)(III) of title 5, United

13 States Code, is amended by striking ‘‘464 or’’.

14 (r) AMENDMENTS TO TITLE 31, UNITED STATES

15 CODE.—

16 (1) Section 3720A(a) of title 31, United States

17 Code, is amended by striking ‘‘any past-due sup18 port’’.

19 (2) Section 3720A(f) of title 31, United States

20 Code, is amended—

21 (A) by adding ‘‘and’’ at the end of para22 graph (1); and

23 (B) by striking paragraph (2) and redesig24 nating paragraph (3) as paragraph (2).
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1 SEC. 7. STATES REQUIRED TO ENACT THE UNIFORM INTER2 STATE FAMILY SUPPORT ACT.

3 Section 466 of the Social Security Act (42 U.S.C.

4 666), as amended by section 6(l)(3) of this Act, is amend5 ed by adding at the end the following:

6 ‘‘(d) In order to satisfy section 454(15)(A), each

7 State must have in effect laws which adopt the officially

8 approved version of the Uniform Interstate Family Sup9 port Act adopted by the National Conference of Commis10 sioners on Uniform State Laws in August 1992.’’.

11 SEC. 8. EFFECTIVE DATE.

12 This Act and the amendments made by this Act shall

13 take effect on the 1st day of the 1st calendar month that

14 begins after the 2-year period that begins with the date

15 of the enactment of this Act.

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