Attachment A

WAIS Document RetrievalFrom the U.S. Code Online via GPO Access
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[Laws in effect as of January 3, 2006]
[CITE: 42USC651]

TITLE 42--THE PUBLIC HEALTH AND WELFARE

CHAPTER 7--SOCIAL SECURITY

SUBCHAPTER IV--GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES
WITH CHILDREN AND FOR CHILD-WELFARE SERVICES

Part D--Child Support and Establishment of Paternity

Sec. 651. Authorization of appropriations

For the purpose of enforcing the support obligations owed by
noncustodial parents to their children and the spouse (or former spouse)
with whom such children are living, locating noncustodial parents,
establishing paternity, obtaining child and spousal support, and
assuring that assistance in obtaining support will be available under
this part to all children (whether or not eligible for assistance under
a State program funded under part A of this subchapter) for whom such
assistance is requested, there is hereby authorized to be appropriated
for each fiscal year a sum sufficient to carry out the purposes of this
part.

(Aug. 14, 1935, ch. 531, title IV, Sec. 451, as added Pub. L. 93-647,
Sec. 101(a), Jan. 4, 1975, 88 Stat. 2351; amended Pub. L. 97-35, title
XXIII, Sec. 2332(a), Aug. 13, 1981, 95 Stat. 861; Pub. L. 98-378,
Sec. 2, Aug. 16, 1984, 98 Stat. 1305; Pub. L. 104-193, title I,
Sec. 108(c)(1), title III, Sec. 395(d)(1)(A), Aug. 22, 1996, 110 Stat.
2165, 2259.)

References in Text

Part A of this subchapter, referred to in text, is classified to
section 601 et seq. of this title.

Amendments

1996--Pub. L. 104-193, Sec. 395(d)(1)(A), substituted
``noncustodial'' for ``absent'' in two places.
Pub. L. 104-193, Sec. 108(c)(1), substituted ``assistance under a
State program funded under part A of this subchapter'' for ``aid under
part A of this subchapter''.
1984--Pub. L. 98-378 substituted ``obtaining child and spousal
support, and assuring that assistance in obtaining support will be
available under this part to all children (whether or not eligible for
aid under part A of this subchapter) for whom such assistance is
requested,'' for ``and obtaining child and spousal support,''.
1981--Pub. L. 97-35 substituted ``children and the spouse (or former
spouse) with whom such children are living'' for ``children'' and
``child and spousal support'' for ``child support''.

Effective Date of 1996 Amendment

Amendment by section 108(c)(1) of Pub. L. 104-193 effective July 1,
1997, with transition rules relating to State options to accelerate such
date, rules relating to claims, actions, and proceedings commenced
before such date, rules relating to closing out of accounts for
terminated or substantially modified programs and continuance in office
of Assistant Secretary for Family Support, and provisions relating to
termination of entitlement under AFDC program, see section 116 of Pub.
L. 104-193, as amended, set out as an Effective Date note under section
601 of this title.
For effective date of amendment by section 395(d)(1)(A) of Pub. L.
104-193, see section 395(a)-(c) of Pub. L. 104-193, set out as a note
under section 654 of this title.

Effective Date of 1981 Amendment

Section 2336 of Pub. L. 97-35 provided that:
``(a) Except as otherwise specifically provided in the preceding
sections of this chapter [sections 2331-2335 of Pub. L. 97-35] or in
subsection (b), the provisions of this chapter and the amendments and
repeals made by this chapter [amending this section, sections 652, 653,
654, 657, and 664 of this title, and sections 6305 and 6402 of Title 26,
Internal Revenue Code] shall become effective on October 1, 1981.
``(b) If a State agency administering a plan approved under part D
of title IV of the Social Security Act [this part] demonstrates, to the
satisfaction of the Secretary of Health and Human Services, that it
cannot, by reason of State law, comply with the requirements of an
amendment made by this chapter to which the effective date specified in
subsection (a) applies, the Secretary may prescribe that, in the case of
such State, the amendment will become effective beginning with the first
month beginning after the close of the first session of such State's
legislature ending on or after October 1, 1981. For purposes of the
preceding sentence, the term `session of a State's legislature' includes
any regular, special, budget, or other session of a State legislature.''

Effective Date

Section 101(f) of Pub. L. 93-647, as amended by Pub. L. 94-46,
Sec. 2, June 30, 1975, 89 Stat. 245, provided that: ``The amendments
made by this section [enacting this part and section 6305 of Title 26,
Internal Revenue Code, amending sections 602, 603, 604, 606, and 1306 of
this title, repealing section 610 of this title, and enacting provisions
set out as notes under this section and section 602 of this title] shall
become effective on August 1, 1975, except that section 459 of the
Social Security Act [section 659 of this title], as added by subsection
(a) of this section shall become effective on January 1, 1975, and
subsection (e) of this section [enacting provisions set out as a note
under this section] shall become effective upon the date of the
enactment of this Act [Jan. 4, 1975].''

Short Title

This part is popularly known as the ``Child Support Enforcement
Act''.

Study on Effectiveness of Enforcement of Medical Support by State
Agencies

Pub. L. 105-200, title IV, Sec. 401(a), July 16, 1998, 112 Stat.
659, provided that:
``(1) Medical child support working group.--Within 60 days after the
date of the enactment of this Act [July 16, 1998], the Secretary of
Health and Human Services and the Secretary of Labor shall jointly
establish a Medical Child Support Working Group. The purpose of the
Working Group shall be to identify the impediments to the effective
enforcement of medical support by State agencies administering the
programs operated pursuant to part D of title IV of the Social Security
Act [this part].
``(2) Membership.--The Working Group shall consist of not more than
30 members and shall be composed of representatives of--
``(A) the Department of Labor;
``(B) the Department of Health and Human Services;
``(C) State directors of programs under part D of title IV of
the Social Security Act [this part];
``(D) State directors of the Medicaid program under title XIX of
the Social Security Act [subchapter XIX of this chapter];
``(E) employers, including owners of small businesses and their
trade or industry representatives and certified human resource and
payroll professionals;
``(F) plan administrators and plan sponsors of group health
plans (as defined in section 607(1) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1167(1))[)];
``(G) children potentially eligible for medical support, such as
child advocacy organizations;
``(H) State medical child support programs; and
``(I) organizations representing State child support programs.
``(3) Compensation.--The members shall serve without compensation.
``(4) Administrative support.--The Department of Health and Human
Services and the Department of Labor shall jointly provide appropriate
administrative support to the Working Group, including technical
assistance. The Working Group may use the services and facilities of
either such Department, with or without reimbursement, as jointly
determined by such Departments.
``(5) Report.--
``(A) Report by working group to the secretaries.--Not later
than 18 months after the date of the enactment of this Act [July 16,
1998], the Working Group shall submit to the Secretary of Labor and
the Secretary of Health and Human Services a report containing
recommendations for appropriate measures to address the impediments
to the effective enforcement of medical support by State agencies
administering the programs operated pursuant to part D of title IV
of the Social Security Act [this part] identified by the Working
Group, including--
``(i) recommendations based on assessments of the form and
content of the National Medical Support Notice, as issued under
interim regulations;
``(ii) appropriate measures that establish the priority of
withholding of child support obligations, medical support
obligations, arrearages in such obligations, and in the case of
a medical support obligation, the employee's portion of any
health care coverage premium, by such State agencies in light of
the restrictions on garnishment provided under title III of the
Consumer Credit Protection Act (15 U.S.C. 1671-1677);
``(iii) appropriate procedures for coordinating the
provision, enforcement, and transition of health care coverage
under the State programs operated pursuant to part D of title IV
of the Social Security Act and titles XIX and XXI of such Act
[subchapter XIX and XXI of this chapter];
``(iv) appropriate measures to improve the availability of
alternate types of medical support that are aside from health
coverage offered through the noncustodial parent's health plan
and unrelated to the noncustodial parent's employer, including
measures that establish a noncustodial parent's responsibility
to share the cost of premiums, co-payments, deductibles, or
payments for services not covered under a child's existing
health coverage;
``(v) recommendations on whether reasonable cost should
remain a consideration under section 452(f) of the Social
Security Act [section 652(f) of this title]; and
``(vi) appropriate measures for eliminating any other
impediments to the effective enforcement of medical support
orders that the Working Group deems necessary.
``(B) Report by secretaries to the congress.--Not later than 2
months after receipt of the report pursuant to subparagraph (A), the
Secretaries shall jointly submit a report to each House of the
Congress regarding the recommendations contained in the report under
subparagraph (A).
``(6) Termination.--The Working Group shall terminate 30 days after
the date of the issuance of its report under paragraph (5).''

Promulgation of National Medical Support Notice

Pub. L. 105-200, title IV, Sec. 401(b), July 16, 1998, 112 Stat.
660, provided that:
``(1) In general.--The Secretary of Health and Human Services and
the Secretary of Labor shall jointly develop and promulgate by
regulation a National Medical Support Notice, to be issued by States as
a means of enforcing the health care coverage provisions in a child
support order.
``(2) Requirements.--The National Medical Support Notice shall--
``(A) conform with the requirements which apply to medical child
support orders under section 609(a)(3) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1169(a)(3)) in connection
with group health plans (subject to section 609(a)(4) of such Act),
irrespective of whether the group health plan is covered under
section 4 of such Act [29 U.S.C. 1003];
``(B) conform with the requirements of part D of title IV of the
Social Security Act [this part]; and
``(C) include a separate and easily severable employer
withholding notice, informing the employer of--
``(i) applicable provisions of State law requiring the
employer to withhold any employee contributions due under any
group health plan in connection with coverage required to be
provided under such order;
``(ii) the duration of the withholding requirement;
``(iii) the applicability of limitations on any such
withholding under title III of the Consumer Credit Protection
Act [15 U.S.C. 1671 et seq.];
``(iv) the applicability of any prioritization required
under State law between amounts to be withheld for purposes of
cash support and amounts to be withheld for purposes of medical
support, in cases where available funds are insufficient for
full withholding for both purposes; and
``(v) the name and telephone number of the appropriate unit
or division to contact at the State agency regarding the
National Medical Support Notice.
``(3) Procedures.--The regulations promulgated pursuant to paragraph
(1) shall include appropriate procedures for the transmission of the
National Medical Support Notice to employers by State agencies
administering the programs operated pursuant to part D of title IV of
the Social Security Act [this part].
``(4) Interim regulations.--Not later than 10 months after the date
of the enactment of this Act [July 16, 1998], the Secretaries shall
issue interim regulations providing for the National Medical Support
Notice.
``(5) Final regulations.--Not later than 1 year after the issuance
of the interim regulations under paragraph (4), the Secretary of Health
and Human Services and the Secretary of Labor shall jointly issue final
regulations providing for the National Medical Support Notice.''

Authorization of Appropriations

Subsec. 101(e) of Pub. L. 93-647 provided that: ``There are
authorized to be appropriated to the Secretary of Health, Education, and
Welfare such sums as may be necessary to plan and prepare for the
implementation of the program established by this section [this part and
section 6305 of Title 26, Internal Revenue Code].''