I 

108TH CONGRESS 

2D SESSION H. R. 4079 

To ensure that interest accrues on overdue child support payments, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 31, 2004 

Mr. ANDREWS introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To ensure that interest accrues on overdue child support 

payments, and for other purposes. 

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 Collec5 tion Enforcement Act’’. 
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1 SEC. 2. STATES REQUIRED TO ESTABLISH PROCEDURES TO 

2 ENSURE THAT INTEREST ACCRUES ON CHILD 

3 SUPPORT PAYMENTS WHICH ARE IN AR4 REARS. 

5 (a) IN GENERAL.—Section 466(a)(8) of the Social 

6 Security Act (42 U.S.C. 666(a)(8)) is amended by adding 

7 at the end the following: 

8 ‘‘(C) Procedures under which any child 

9 support order issued or modified in the State 

10 on or after the effective date of this subpara11 graph shall provide for the payment of interest 

12 on any payment required by the order which is 

13 in arrears.’’. 

14 (b) PENALTY FOR NONCOMPLIANCE.—Section 

15 409(a)(7)(B)(ii) of such Act (42 U.S.C. 609(a)(7)(B)(ii)) 

16 is amended by inserting ‘‘, except that the percentage that 

17 would otherwise apply under this clause shall be increased 

18 by 5 percentage points if the State is not in compliance 

19 with section 466(a)(8)(C) for the fiscal year’’ before the 

20 period. 

21 SEC. 3. STATES REQUIRED TO USE CHILD SUPPORT LATE 

22 PAYMENT FEES IN CHILD SUPPORT EN23 FORCEMENT PROGRAM. 

24 Section 454(21) of the Social Security Act (42 U.S.C. 

25 654(21)) is amended— 
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1 (1) by striking ‘‘and’’ at the end of subpara2 graph (A); 

3 (2) by adding ‘‘and’’ at the end of subpara4 graph (B); and 

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

6 ‘‘(C) provide that any fee collected pursu7 ant to this paragraph shall be expended to 

8 carry out the State plan approved under this 

9 part;’’. 

10 SEC. 4. REPORTS TO CONGRESS ON COLLECTION OF CHILD 

11 SUPPORT ARREARAGES AND OF INTEREST 

12 ON CHILD SUPPORT OBLIGATIONS. 

13 Section 454 of the Social Security Act (42 U.S.C. 

14 654) is amended— 

15 (1) by striking ‘‘and’’ at the end of paragraph 

16 (32); 

17 (2) by striking the period at the end of para18 graph (33) and inserting ‘‘; and’’; and 

19 (3) by inserting after paragraph (33) the fol20 lowing: 

21 ‘‘(34) provide that the State shall submit annu22 ally to the Committee on Ways and Means of the 

23 House of Representatives and the Committee on Fi24 nance of the Senate a written report which specifies 

25 the total amount of child support arrearages and the 
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1 total amount of interest on child support obligations 

2 collected by the State during the year covered by the 

3 report.’’. 

4 SEC. 5. EFFECTIVE DATE. 

5 (a) IN GENERAL.—Except as provided in subsection 

6 (b), the amendments made by this Act shall take effect 

7 at the end of the 1-year period that begins with the date 

8 of the enactment of this Act, and shall apply to payments 

9 under parts A and D of title IV of the Social Security 

10 Act for calendar quarters beginning after the 1-year pe11 riod. 

12 (b) DELAY PERMITTED IF STATE LEGISLATION RE13 QUIRED.—If the Secretary of Health and Human Services 

14 determines that State legislation (other than legislation 

15 appropriating funds) is required in order for a State plan 

16 under section 454 of the Social Security Act to meet the 

17 additional requirements imposed by the amendments made 

18 by this Act, the plan shall not be regarded as failing to 

19 meet any of the additional requirements before the 1st day 

20 of the 1st calendar quarter beginning after the first reg21 ular session of the State legislature that begins after the 

22 1-year period described in subsection (a). If the State has 

23 a 2-year legislative session, each year of the session is 
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1 deemed to be a separate regular session of the State legis2 lature for purposes of this subsection. 

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