Notes on 42 U.S.C. § 651 : US Code - Notes

Search Notes on 42 U.S.C. § 651 : US Code - Notes

(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]."