S. 3154 - Tribal Child Support Enforcement Act

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 _____

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 Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the "Tribal Child Support Enforcement Act".

SEC. 2. IMPROVING THE EFFECTIVENESS OF TRIBAL CHILD SUPPORT ENFORCEMENT AGENCIES.

(a) IMPROVING THE COLLECTION OF PAST-DUE CHILD SUPPORT THROUGH STATE AND TRIBAL PARITY N THE ALLOWABLE USE OF TAX INFORMATION. —

(1) AMENDMENT TO THE SOCIAL SECURITY ACT. — Section 464 of the Social Security Act (42 U.S.C. 664) is amended by adding at the end the following:

"(d) APPLICABILITY TO INDIAN TRIBES AND TRIBAL ORGANIZATIONS RECEIVING A GRANT UNDER THIS PART. — This section, except for the requirement to distribute amounts in accordance with section 457, shall apply to an Indian tribe or tribal organization receiving a grant under section 455(f) in the same manner in which this section applies to a State with a plan approved under this part.".

(2) AMENDMENTS TO THE INTERNAL REVENUE CODE. —

(A) Section 6103(a)(2) of the Internal Revenue Code of 1986 is amended by striking "any local child support enforcement agency" and inserting "any tribal or local child support enforcement agency".

(B) Section 6103(a)(3) of such Code is amended by inserting ", (8)" after "(6)".

(C) Section 6103(l) of such Code is amended —

(i) in paragraph (6) —

(I) by striking "or local" in subparagraph (A) and inserting "tribal, or local";

(II) by striking "AND LOCAL" in the heading thereof and inserting "TRIBAL, AND LOCAL";

(III) by striking "The following" in subparagraph (B) and inserting "The";

(IV) by striking the colon and all that follows in subparagraph (B) and inserting a period; and

(V) by adding at the end the following:

"(D) STATE, TRIBAL, OR LOCAL CHILD SUPPORT ENFORCEMENT AGENCY. — For purposes of this paragraph, the following shall be treated as a State, tribal, or local child support enforcement agency:

"(i) Any agency of a State or political subdivision thereof operating pursuant to a plan described in section 454 of the Social Security Act which has been approved by the Secretary of Health and Human Services under part D of title IV of such Act.

"(ii) Any child support enforcement agency of an Indian tribe or tribal organization receiving a grant under section 455(f) of the Social Security Act.";

(ii) in paragraph (8) —

(I) in subparagraph (A), by striking "or State or local" and inserting "State, tribal, or local";

(II) by adding the following at the end of subparagraph (B): "The information disclosed to any child support enforcement agency under subparagraph (A) with respect to any individual with respect to whom child support obligations are sought to be established or enforced may be disclosed by such agency to any agent of such agency which is under contract with such agency for purposes of, and to the extent necessary in, establishing and collecting child support obligations from, and locating, individuals owing such obligations.";

(III) by striking subparagraph (C) and inserting the following:

"(C) STATE, TRIBAL, OR LOCAL CHILD SUPPORT ENFORCEMENT AGENCY. — For purposes of this paragraph, the term 'State, tribal, or local child support enforcement agency' has the same meaning as when used in paragraph (6)(D)."; and

(IV) by striking "AND LOCAL" in the heading thereof and inserting "TRIBAL, AND LOCAL"; and

(iii) in paragraph (10)(B), by adding at the end the following new clause:

"(iii) The information disclosed to any child support enforcement agency under subparagraph (A) with respect to any individual with respect to whom child support obligations are sought to be established or enforced may be disclosed by such agency to any agent of such agency which is under contract with such agency for purposes of, and to the extent necessary in, establishing and collecting child support obligations from, and locating, individuals owing such obligations.".

(D) Subsection (c) of section 6402 of the Internal Revenue Code of 1986 is amended by adding at the end the following: "For purposes of this subsection, any reference to a State shall include a reference to any Indian tribe or tribal organization receiving a grant under section 455(f) of the Social Security Act.".

(b) REIMBURSEMENT FOR REPORTS. — Section 453(g) of the Social Security Act (42 U.S.C. 653(g)) is amended —

(1) in the subsection heading, by striking "STATE"; and

(2) by striking "and State" and inserting ", State, and tribal".

(c) TECHNICAL AMENDMENTS. — Paragraphs (7) and (33) of sections 454 of the Social Security Act (42 U.S.C. 654) are each amended by striking "450b" and inserting "5304".