Tribal Child Support Enforcement Act

II 116TH CONGRESS 2D SESSION S. 3154 To improve the effectiveness of tribal child support enforcement agencies, and for other purposes. IN THE SENATE OF THE UNITED STATES JANUARY 8, 2020 Mr. THUNE (for himself and Mr. WYDEN) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To improve the effectiveness of tribal child support enforcement agencies, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Tribal Child Support 4 Enforcement Act’’. 5 SEC. 2. IMPROVING THE EFFECTIVENESS OF TRIBAL CHILD 6 SUPPORT ENFORCEMENT AGENCIES. 7 (a) IMPROVING THE COLLECTION OF PAST-DUE 8 CHILD SUPPORT THROUGH STATE AND TRIBAL PARITY 9 IN THE ALLOWABLE USE OF TAX INFORMATION.— 10 VerDate Sep 11 2014 23:21 Jan 08, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3154.IS S3154 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 3154 IS (1) AMENDMENT TO THE SOCIAL SECURITY 1 ACT.—Section 464 of the Social Security Act (42 2 U.S.C. 664) is amended by adding at the end the 3 following: 4 ‘‘(d) APPLICABILITY TO INDIAN TRIBES AND TRIBAL 5 ORGANIZATIONS RECEIVING A GRANT UNDER THIS 6 PART.—This section, except for the requirement to dis- 7 tribute amounts in accordance with section 457, shall 8 apply to an Indian tribe or tribal organization receiving 9 a grant under section 455(f) in the same manner in which 10 this section applies to a State with a plan approved under 11 this part.’’. 12 (2) AMENDMENTS TO THE INTERNAL REVENUE 13 CODE.— 14 (A) Section 6103(a)(2) of the Internal 15 Revenue Code of 1986 is amended by striking 16 ‘‘any local child support enforcement agency’’ 17 and inserting ‘‘any tribal or local child support 18 enforcement agency’’. 19 (B) Section 6103(a)(3) of such Code is 20 amended by inserting ‘‘, (8)’’ after ‘‘(6)’’. 21 (C) Section 6103(l) of such Code is 22 amended— 23 (i) in paragraph (6)— 24 VerDate Sep 11 2014 23:21 Jan 08, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3154.IS S3154 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 3154 IS (I) by striking ‘‘or local’’ in sub- 1 paragraph (A) and inserting ‘‘tribal, 2 or local’’; 3 (II) by striking ‘‘AND LOCAL’’ in 4 the heading thereof and inserting 5 ‘‘TRIBAL, AND LOCAL’’; 6 (III) by striking ‘‘The following’’ 7 in subparagraph (B) and inserting 8 ‘‘The’’; 9 (IV) by striking the colon and all 10 that follows in subparagraph (B) and 11 inserting a period; and 12 (V) by adding at the end the fol- 13 lowing: 14 ‘‘(D) STATE, TRIBAL, OR LOCAL CHILD 15 SUPPORT ENFORCEMENT AGENCY.—For pur- 16 poses of this paragraph, the following shall be 17 treated as a State, tribal, or local child support 18 enforcement agency: 19 ‘‘(i) Any agency of a State or political 20 subdivision thereof operating pursuant to a 21 plan described in section 454 of the Social 22 Security Act which has been approved by 23 the Secretary of Health and Human Serv- 24 ices under part D of title IV of such Act. 25 VerDate Sep 11 2014 23:21 Jan 08, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3154.IS S3154 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 3154 IS ‘‘(ii) Any child support enforcement 1 agency of an Indian tribe or tribal organi- 2 zation receiving a grant under section 3 455(f) of the Social Security Act.’’; 4 (ii) in paragraph (8)— 5 (I) in subparagraph (A), by strik- 6 ing ‘‘or State or local’’ and inserting 7 ‘‘State, tribal, or local’’; 8 (II) by adding the following at 9 the end of subparagraph (B): ‘‘The 10 information disclosed to any child 11 support enforcement agency under 12 subparagraph (A) with respect to any 13 individual with respect to whom child 14 support obligations are sought to be 15 established or enforced may be dis- 16 closed by such agency to any agent of 17 such agency which is under contract 18 with such agency for purposes of, and 19 to the extent necessary in, estab- 20 lishing and collecting child support 21 obligations from, and locating, individ- 22 uals owing such obligations.’’; 23 (III) by striking subparagraph 24 (C) and inserting the following: 25 VerDate Sep 11 2014 23:21 Jan 08, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3154.IS S3154 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 3154 IS ‘‘(C) STATE, TRIBAL, OR LOCAL CHILD 1 SUPPORT ENFORCEMENT AGENCY.—For pur- 2 poses of this paragraph, the term ‘State, tribal, 3 or local child support enforcement agency’ has 4 the same meaning as when used in paragraph 5 (6)(D).’’; and 6 (IV) by striking ‘‘AND LOCAL’’ in 7 the heading thereof and inserting 8 ‘‘TRIBAL, AND LOCAL’’; and 9 (iii) in paragraph (10)(B), by adding 10 at the end the following new clause: 11 ‘‘(iii) The information disclosed to any 12 child support enforcement agency under 13 subparagraph (A) with respect to any indi- 14 vidual with respect to whom child support 15 obligations are sought to be established or 16 enforced may be disclosed by such agency 17 to any agent of such agency which is under 18 contract with such agency for purposes of, 19 and to the extent necessary in, establishing 20 and collecting child support obligations 21 from, and locating, individuals owing such 22 obligations.’’. 23 (D) Subsection (c) of section 6402 of the 24 Internal Revenue Code of 1986 is amended by 25 VerDate Sep 11 2014 23:21 Jan 08, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3154.IS S3154 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 3154 IS adding at the end the following: ‘‘For purposes 1 of this subsection, any reference to a State shall 2 include a reference to any Indian tribe or tribal 3 organization receiving a grant under section 4 455(f) of the Social Security Act.’’. 5 (b) REIMBURSEMENT FOR REPORTS.—Section 6 453(g) of the Social Security Act (42 U.S.C. 653(g)) is 7 amended— 8 (1) in the subsection heading, by striking 9 ‘‘STATE’’; and 10 (2) by striking ‘‘and State’’ and inserting ‘‘, 11 State, and tribal’’. 12 (c) TECHNICAL AMENDMENTS.—Paragraphs (7) and 13 (33) of sections 454 of the Social Security Act (42 U.S.C. 14 654) are each amended by striking ‘‘450b’’ and inserting 15 ‘‘5304’’. 16 Æ VerDate Sep 11 2014 23:21 Jan 08, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\S3154.IS S3154 pamtmann on DSKBC07HB2PROD with BILLS