(a) The Mayor shall establish and maintain a District of Columbia Directory of New Hires, which shall contain information supplied in accordance with subsection (b) of this section.
(b) Except as specified in subsections (e), (f), and (g) of this section, within 20 days of the date an employee begins employment in the District of Columbia, or is rehired, the employer shall supply the following information to the District of Columbia Directory of New Hires:
(1) Name of the employee;
(2) Address of the employee;
(3) Social security number of the employee;
(4) Name of the employer;
(5) Address of the employer; and
(6) Employer identification number issued to the employer under section 6109 of the Internal Revenue Code of 1986, approved October 22, 1986 (75 Stat. 828; 26 U.S.C. § 6109).
(c) An employer may, at the employer's option, supply the following information to the District of Columbia Directory of New Hires:
(1) Name of an employer contact person;
(2) Telephone number of an employer contact person;
(3) Availability of medical insurance coverage for the employee and the date on which the employee became or will become eligible for the coverage, if appropriate;
(4) Date of birth of the employee;
(5) Date of hire of the employee, defined as the first day that the employee performed services for compensation; and
(6) Employee's salary, wages, or other compensation.
(d) Each report required by subsection (b) of this section shall be:
(1) Made on a Internal Revenue Service W-4 form, or, at the option of the employer, an equivalent form;
(2) Transmitted by first-class mail, magnetically or electronically;
(3) Entered into the data base of the District of Columbia Directory of New Hires within 5 business days of receipt of the report from the employer; and
(4) Forwarded by the IV-D agency to the National Directory of New Hires within 3 business days of entry of the information under paragraph (3) of this subsection.
(e) An employer that transmits reports to the District of Columbia Directory of New Hires magnetically or electronically may transmit reports in up to 2 monthly transmissions, not less than 12 days nor more than 16 days apart.
(f) Within 2 business days after the date a report under subsection (b) of this section is entered into the District of Columbia Directory of New Hires, the IV-D agency shall transmit an order to withhold to the employer in accordance with this subchapter, unless the employee's income is not subject to withholding.
(g) An employer that has employees in the District and in at least one other state and transmits reports magnetically or electronically may comply with subsection (b) of this section by designating either the District or a state in which the employer has employees and transmitting reports on new hires only to the District or that state. Any employer transmitting reports pursuant to this subsection shall provide the United States Department of Health and Human Services with written notice of the jurisdiction the employer has designated.
(h) Any department, agency, or instrumentality of the United States shall comply with this section to the extent permitted by section 453A(b)(l)(C) of the Social Security Act, approved August 22, 1996 (110 Stat. 2216; 42 U.S.C. § 653(i)).
(i) An employer who fails to comply with this section shall be subject to a civil penalty of $25 for each employee with respect to whom the employer failed to comply or the employer shall be subject to a civil penalty of $500 for each employee with respect to whom the employer failed to comply if the noncompliance was the result of a conspiracy between the employer and the employee not to supply the required report or to supply a false or incomplete report. The employer shall be penalized each calendar month until the employer complies. Penalties pursuant to this subsection shall be enforced in the Court by the Attorney General for the District of Columbia.
(j) The Mayor may contract for services to carry out this section.
(k) The Mayor shall promulgate rules pursuant to subchapter I of Chapter 5 of Title 2, to implement the provisions of this section, including establishment of a procedure for an employer to challenge the imposition of a civil penalty pursuant to subsection (i) of this section, with a right to appeal the decision to the Court in accordance with the manner and standards for appeals as set forth in § 2-510.
(l) For purposes of this section, the term:
(1) “Employee” means a person who is an employee within the meaning of chapter 24 of the Internal Revenue Code of 1986, approved August 16, 1954 (68A Stat. 455; 26 U.S.C. § 3401 et. seq), but does not include an employee of a federal or state agency performing intelligence or counterintelligence functions if the head of the agency has determined that reporting pursuant to this section could endanger the safety of the employee or compromise an ongoing investigation or intelligence mission.
(2) “Employer” has the meaning given to the term in section 3401(d) of the Internal Revenue Code of 1986, approved August 16, 1954 (68A Stat. 457; 26 U.S.C. § 3401(d)), and includes any governmental entity and any labor organization, as defined under section 2(5) of the National Labor Relations Act, approved July 5, 1935 (49 Stat. 450; 29 U.S.C. § 152(5)), including a hiring hall.
(3) “New hire” means an employee for whom an employer is required to complete a new Internal Revenue Service W-4 form.
(m) Information collected for the District of Columbia Directory of New Hires may be used by a federal agency, a state or District agency, or a private entity under contract with a government agency to:
(1) Establish paternity;
(2) Establish, modify, and enforce a support order;
(3) Administer worker's compensation and unemployment insurance programs; and
(4) Verify eligibility for public assistance programs.
CREDIT(S)
(Feb. 24, 1987, D.C. Law 6-166, § 27f, as added Apr. 3, 2001, D.C. Law 13-269, § 108(z), 48 DCR 1270; Dec. 7, 2004, D.C. Law 15-205, § 3403(r), 51 DCR 8441; Apr. 13, 2005, D.C. Law 15-354, § 71, 52 DCR 2638; May 12, 2006, D.C. Law 16-100, § 3(cc), 53 DCR 1886; Mar. 3, 2007, D.C. Law 16-191, § 48(g), 54 DCR 6794.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 15-205, in subsec. (f), substituted “Court” for “IV-D agency”.
D.C. Law 15-354 substituted “Attorney General for the District of Columbia” for “Corporation Counsel”.
D.C. Law 16-100, in subsecs. (i) and (k), deleted “Superior” preceding “Court”; and rewrote subsec. (f), which had read as follows:
“(f) Within 2 business days after the date a report under subsection (b) of this section is entered into the District of Columbia Directory of New Hires, the Court shall transmit a notice to the employer of the employee directing the employer to withhold from the income of the employee an amount equal to the monthly (or other periodic) support obligation (including any past due support obligation of the employee) unless the employee's income is not subject to withholding.”
D.C. Law 16-191, in subsec. (f), validated a previously made technical correction.
Temporary Amendments of Section
Section 3(dd) of D.C. Law 16-42, in subsec. (i), added “of the District of Columbia” after “Superior Court”; and rewrote subsec. (f) to read as follows:
“(f) Within 2 business days after the date a report under subsection (b) of this section is entered into the District of Columbia Directory of New Hires, the IV-D agency shall transmit an order to withhold to the employer in accordance with this act, unless the employee's income is not subject to withholding.”
Section 5(b) of D.C. Law 16-42 provides that the act shall expire after 225 days of its having taken effect.
Temporary Addition of Section
For temporary (225 day) addition of section, see § 7(y) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).
For temporary (225 day) addition of section, see § 107(z) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).
For temporary (225 day) addition of section, see § 107(z) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).
Emergency Act Amendments
For temporary addition of section, see § 7(o) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114).
For temporary addition of section, see § 7(y) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923), § 7(y) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 7(y) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 7(y) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).
For temporary (90-day) addition of section, see § 107(z) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).
For temporary (90-day) addition of section, see § 107(z) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).
For temporary (90-day) addition of section, see § 107(z) of the Child Support and Welfare Reform Compliance Legislative Review Emergency mendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).
For temporary (90-day) addition of sectiom, see § 107(z) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).
For temporary (90-day) addition of section, see § 107(z) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).
For temporary (90-day) addition of section, see § 107(z) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).
For temporary (90 day) addition of this section, see § 107(z) of the Child Support and Welfare Reform Compliance Emergency Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).
For temporary (90 day) addition of section, see § 108(z) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).
For temporary (90 day) amendment of section, see § 3403(r) of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).
For temporary (90 day) amendment of section, see § 3403(r) of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).
For temporary (90 day) amendment of section, see § 3(dd) of Income Withholding Transfer and Revision Emergency Amendment Act of 2005 (D.C. Act 16-167, July 26, 2005, 52 DCR 7648).
For temporary (90 day) amendment of section, see § 3(dd) of Income Withholding Transfer and Revision Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-200, November 17, 2005, 52 DCR 10490).
Legislative History of Laws
For D.C. Law 13-269, see notes following § 46-201.
For Law 15-205, see notes following § 46-202.01.
For Law 15-354, see notes following § 46-226.03.
For Law 16-100, see notes following § 46-201.
For Law 16-191, see notes following § 46-202.01.
