I

103D CONGRESS

2D SESSION H. R. 4897

To provide for more effective child support enforcement.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 4, 1994

Mr. COOPER (for himself and Mr. GORDON) introduced the following bill;

which was referred to the Committee on Ways and Means

A BILL

To provide for more effective child support enforcement.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Child Support Enforce5 ment Act of 1994’’.

6 SEC. 2. SEIZURE OF LOTTERY WINNINGS, SETTLEMENTS,

7 PAYOUTS, AND SALE OF FORFEITED PROP8 ERTY TO PAY CHILD SUPPORT ARREARAGES.

9 Section 466(a) of the Social Security Act (42 U.S.C.

10 666(a)) is amended by inserting after paragraph (11) the

11 following:
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1 ‘‘(12) Procedures under which a lien is imposed

2 against property with the following effect:

3 ‘‘(A) The distributor of winnings from a

4 State lottery or State-sanctioned or tribal-sanc5 tioned gambling house or casino shall—

6 ‘‘(i) suspend payment of the winnings

7 from the person otherwise entitled to the

8 payment until an inquiry is made to and a

9 response is received from the State child

10 support enforcement agency as to whether

11 the person owes a child support arrearage;

12 ‘‘(ii) withhold from the payment the

13 lesser of the amount of the payment or the

14 amount of the arrearage; and

15 ‘‘(iii) pay the amount withheld to the

16 agency for distribution.

17 ‘‘(B) The person required to make a pay18 ment under a policy of insurance or a settle19 ment of a claim made with respect to the policy

20 shall—

21 ‘‘(i) suspend the payment until an in22 quiry is made to and a response received

23 from the State agency as to whether the

24 person otherwise entitled to the payment

25 owes a child support arrearage; and
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1 ‘‘(ii) if there is such arrearage—

2 ‘‘(I) withhold from the payment

3 the lesser of the amount of the pay4 ment or the amount of the arrearage;

5 and

6 ‘‘(II) pay the amount withheld to

7 the State agency for distribution.

8 ‘‘(C) The payor of any amount pursuant to

9 an award, judgment, or settlement in any ac10 tion brought in Federal or State court shall—

11 ‘‘(i) suspend the payment until an in12 quiry is made to and a response received

13 from the State agency as to whether the

14 person otherwise entitled to the payment

15 owes a child support arrearage; and

16 ‘‘(ii) if there is such arrearage—

17 ‘‘(I) withhold from the payment

18 the lesser of the amount of the pay19 ment or the amount of the arrearage;

20 and

21 ‘‘(II) pay the amount withheld to

22 the State agency for distribution.

23 ‘‘(D) If the State seizes property forfeited

24 to the State by an individual by reason of a

25 criminal conviction, the State shall—
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1 ‘‘(i) hold the property until an inquiry

2 is made to and a response received from

3 the State agency as to whether the person

4 otherwise entitled to the payment owes a

5 child support arrearage; and

6 ‘‘(ii) if there is such arrearage—

7 ‘‘(I) sell the property; and

8 ‘‘(II) after satisfying the claims

9 of all other private or public claimants

10 to the property and deducting from

11 the proceeds of the sale the attendant

12 costs (such as for towing, storage, and

13 the sale), pay the lesser of the remain14 ing proceeds or the amount of the ar15 rearage directly to the State agency

16 for distribution.

17 ‘‘(E) Any person required to make pay18 ment in respect to a decedent shall—

19 ‘‘(i) suspend the payment until an in20 quiry is made to and a response received

21 from the State agency as to whether the

22 person otherwise entitled to the payment

23 owes a child support arrearage; and

24 ‘‘(ii) if there is such an arrearage—
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1 ‘‘(I) withhold from the payment

2 the lesser of the amount of the pay3 ment or the amount of the arrearage;

4 and

5 ‘‘(II) pay the amount withheld to

6 the State agency for distribution.’’.

7 SEC. 3. RESTRICTIONS RELATING TO PROFESSIONAL, OC8 CUPATIONAL, BUSINESS, AND DRIVER’S LI9 CENSES.

10 Section 466(a) of the Social Security Act (42 U.S.C.

11 666(a)), as amended by section 2 of this Act, is amended

12 by inserting after paragraph (12) the following:

13 ‘‘(13) Procedures under which the State occu14 pational licensing and regulating departments and

15 agencies may not issue or renew any occupational,

16 professional, or business license of—

17 ‘‘(A) a noncustodial parent who is the sub18 ject of an outstanding failure to appear war19 rant, capias, or bench warrant related to a child

20 support proceeding that appears on the State’s

21 crime information system; and

22 ‘‘(B) an individual who is delinquent in the

23 payment of child support, until the individual

24 owed such support or a State prosecutor re25 sponsible for child support enforcement con-
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1 sents to, or a court that is responsible for the

2 enforcement of the order requiring the payment

3 of such support orders the release of the hold

4 on the license, or an expedited inquiry and re5 view is completed while the individual is grant6 ed a 60-day temporary license.

7 ‘‘(14) Procedures under which the State motor

8 vehicle department—

9 ‘‘(A) may not issue or renew the driver’s li10 cense or any vehicle registration (other than

11 temporary) of any noncustodial parent who is

12 the subject of an outstanding failure to appear

13 warrant, capias, or bench warrant related to a

14 child support proceeding that appears on the

15 State’s crime information system;

16 ‘‘(B) upon receiving notice that an individ17 ual to whom a State driver’s license or vehicle

18 registration has been issued is the subject of a

19 warrant related to a child support proceeding,

20 shall issue an order to the individual requiring

21 the individual to demonstrate why the individ22 ual’s driver’s license or vehicle registration

23 should not be suspended until the warrant is re24 moved by the State responsible for issuing the

25 warrant; and
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1 ‘‘(C) in any case in which an order has

2 been issued as described in subparagraph (B),

3 may grant a temporary license or vehicle reg4 istration to the individual pending compliance

5 with the order or the removal of the warrant,

6 whichever occurs first.’’.

7 SEC. 4. ATTACHMENT OF BANK ACCOUNTS.

8 Section 466(a) (42 U.S.C. 666(a)), as amended by

9 sections 2 and 3 of this Act, is amended by inserting after

10 paragraph (14) the following:

11 ‘‘(15) Procedures under which—

12 ‘‘(A) amounts on deposit in an account

13 maintained at a Federal depository institution

14 (as defined in section 3(c)(4) of the Federal

15 Deposit Insurance Act) or State depository in16 stitution (as defined in section 3(c)(5) of such

17 Act) may be seized to satisfy child support ar18 rearages determined under a court order or an

19 order of an administrative process established

20 under State law, solely through an administra21 tive process, pending notice to and an expedited

22 opportunity to be heard from the account hold23 er or holders; and

24 ‘‘(B) if the account holder or holders fail

25 to successfully challenge the seizure (as deter-
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1 mined under State law), the institution may be

2 required to pay from the account to the entity

3 with the right to collect the arrearage the lesser

4 of the amount of the arrearage or the amount

5 on deposit in the account.’’.

6 SEC. 5. REPORTING OF CHILD SUPPORT OBLIGATIONS TO

7 CREDIT BUREAUS.

8 Section 466(a)(7) of the Social Security Act (42

9 U.S.C. 666(a)(7)) is amended—

10 (1) by inserting ‘‘(A)’’ after ‘‘(7)’’;

11 (2) by redesignating subparagraphs (A), (B),

12 and (C) as clauses (i), (ii), and (iii), respectively;

13 and

14 (3) by adding at the end the following:

15 ‘‘(B) Procedures requiring any court or admin16 istrative agency of the State, at the time the court

17 or agency issues or modifies a child support order,

18 to report to each consumer reporting agency (as so

19 defined)—

20 ‘‘(i) the name of the individual upon whom

21 the order imposes an obligation to pay child

22 support; and

23 ‘‘(ii) the amount of the obligation.’’.
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1 SEC. 6. LIABILITY OF GRANDPARENTS FOR FINANCIAL SUP2 PORT OF THEIR GRANDCHILDREN.

3 Section 466(a) of the Social Security Act (42 U.S.C.

4 666(a)), as amended by sections 2, 3, and 4 of this Act,

5 is amended by inserting after paragraph (15) the follow6 ing:

7 ‘‘(16) Procedures under which each parent of

8 an individual is liable for the financial support of

9 any child of the individual to the extent that the in10 dividual is unable to provide such support. The pre11 ceding sentence shall not apply to the State if the

12 State plan explicitly provides for such inapplicabil13 ity.’’.

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