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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Child Support Enforce-
ment Act of 1994’’.
SEC. 2. SEIZURE OF LOTTERY WINNINGS, SETTLEMENTS,
PAYOUTS, AND SALE OF FORFEITED PROP-
ERTY TO PAY CHILD SUPPORT ARREARAGES.
Section 466(a) of the Social Security Act (42 U.S.C.
666(a)) is amended by inserting after paragraph (11) the
following:
‘‘(12) Procedures under which a lien is imposed
against property with the following effect:
‘‘(A) The distributor of winnings from a
State lottery or State-sanctioned or tribal-sanc-
tioned gambling house or casino shall—
‘‘(i) suspend payment of the winnings
from the person otherwise entitled to the
payment until an inquiry is made to and a
response is received from the State child
support enforcement agency as to whether
the person owes a child support arrearage;
‘‘(ii) withhold from the payment the
lesser of the amount of the payment or the
amount of the arrearage; and
‘‘(iii) pay the amount withheld to the
agency for distribution.
‘‘(B) The person required to make a pay-
ment under a policy of insurance or a settle-
ment of a claim made with respect to the policy
shall—
‘‘(i) suspend the payment until an in-
quiry is made to and a response received
from the State agency as to whether the
person otherwise entitled to the payment
owes a child support arrearage; and
‘‘(ii) if there is such arrearage—
‘‘(I) withhold from the payment
the lesser of the amount of the pay-
ment or the amount of the arrearage;
and
‘‘(II) pay the amount withheld to
the State agency for distribution.
‘‘(C) The payor of any amount pursuant to
an award, judgment, or settlement in any ac-
tion brought in Federal or State court shall—
‘‘(i) suspend the payment until an in-
quiry is made to and a response received
from the State agency as to whether the
person otherwise entitled to the payment
owes a child support arrearage; and
‘‘(ii) if there is such arrearage—
‘‘(I) withhold from the payment
the lesser of the amount of the pay-
ment or the amount of the arrearage;
and
‘‘(II) pay the amount withheld to
the State agency for distribution.
‘‘(D) If the State seizes property forfeited
to the State by an individual by reason of a
criminal conviction, the State shall—
‘‘(i) hold the property until an inquiry
is made to and a response received from
the State agency as to whether the person
otherwise entitled to the payment owes a
child support arrearage; and
‘‘(ii) if there is such arrearage—
‘‘(I) sell the property; and
‘‘(II) after satisfying the claims
of all other private or public claimants
to the property and deducting from
the proceeds of the sale the attendant
costs (such as for towing, storage, and
the sale), pay the lesser of the remain-
ing proceeds or the amount of the ar-
rearage directly to the State agency
for distribution.
‘‘(E) Any person required to make pay-
ment in respect to a decedent shall—
‘‘(i) suspend the payment until an in-
quiry is made to and a response received
from the State agency as to whether the
person otherwise entitled to the payment
owes a child support arrearage; and
‘‘(ii) if there is such an arrearage—
‘‘(I) withhold from the payment
the lesser of the amount of the pay-
ment or the amount of the arrearage;
and
‘‘(II) pay the amount withheld to
the State agency for distribution.’’.
SEC. 3. RESTRICTIONS RELATING TO PROFESSIONAL, OC-
CUPATIONAL, BUSINESS, AND DRIVER’S LI-
CENSES.
Section 466(a) of the Social Security Act (42 U.S.C.
666(a)), as amended by section 2 of this Act, is amended
by inserting after paragraph (12) the following:
‘‘(13) Procedures under which the State occu-
pational licensing and regulating departments and
agencies may not issue or renew any occupational,
professional, or business license of—
‘‘(A) a noncustodial parent who is the sub-
ject of an outstanding failure to appear war-
rant, capias, or bench warrant related to a child
support proceeding that appears on the State’s
crime information system; and
‘‘(B) an individual who is delinquent in the
payment of child support, until the individual
owed such support or a State prosecutor re-
sponsible for child support enforcement con-
sents to, or a court that is responsible for the
enforcement of the order requiring the payment
of such support orders the release of the hold
on the license, or an expedited inquiry and re-
view is completed while the individual is grant-
ed a 60-day temporary license.
‘‘(14) Procedures under which the State motor
vehicle department—
‘‘(A) may not issue or renew the driver’s li-
cense or any vehicle registration (other than
temporary) of any noncustodial parent who is
the subject of an outstanding failure to appear
warrant, capias, or bench warrant related to a
child support proceeding that appears on the
State’s crime information system;
‘‘(B) upon receiving notice that an individ-
ual to whom a State driver’s license or vehicle
registration has been issued is the subject of a
warrant related to a child support proceeding,
shall issue an order to the individual requiring
the individual to demonstrate why the individ-
ual’s driver’s license or vehicle registration
should not be suspended until the warrant is re-
moved by the State responsible for issuing the
warrant; and
‘‘(C) in any case in which an order has
been issued as described in subparagraph (B),
may grant a temporary license or vehicle reg-
istration to the individual pending compliance
with the order or the removal of the warrant,
whichever occurs first.’’.
SEC. 4. ATTACHMENT OF BANK ACCOUNTS.
Section 466(a) (42 U.S.C. 666(a)), as amended by
sections 2 and 3 of this Act, is amended by inserting after
paragraph (14) the following:
‘‘(15) Procedures under which—
‘‘(A) amounts on deposit in an account
maintained at a Federal depository institution
(as defined in section 3(c)(4) of the Federal
Deposit Insurance Act) or State depository in-
stitution (as defined in section 3(c)(5) of such
Act) may be seized to satisfy child support ar-
rearages determined under a court order or an
order of an administrative process established
under State law, solely through an administra-
tive process, pending notice to and an expedited
opportunity to be heard from the account hold-
er or holders; and
‘‘(B) if the account holder or holders fail
to successfully challenge the seizure (as deter-
mined under State law), the institution may be
required to pay from the account to the entity
with the right to collect the arrearage the lesser
of the amount of the arrearage or the amount
on deposit in the account.’’.
SEC. 5. REPORTING OF CHILD SUPPORT OBLIGATIONS TO
CREDIT BUREAUS.
Section 466(a)(7) of the Social Security Act (42
U.S.C. 666(a)(7)) is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(7)’’;
(2) by redesignating subparagraphs (A), (B),
and (C) as clauses (i), (ii), and (iii), respectively;
and
(3) by adding at the end the following:
‘‘(B) Procedures requiring any court or admin-
istrative agency of the State, at the time the court
or agency issues or modifies a child support order,
to report to each consumer reporting agency (as so
defined)—
‘‘(i) the name of the individual upon whom
the order imposes an obligation to pay child
support; and
‘‘(ii) the amount of the obligation.’’.
SEC. 6. LIABILITY OF GRANDPARENTS FOR FINANCIAL SUP-
PORT OF THEIR GRANDCHILDREN.
Section 466(a) of the Social Security Act (42 U.S.C.
666(a)), as amended by sections 2, 3, and 4 of this Act,
is amended by inserting after paragraph (15) the follow-
ing:
‘‘(16) Procedures under which each parent of
an individual is liable for the financial support of
any child of the individual to the extent that the in-
dividual is unable to provide such support. The pre-
ceding sentence shall not apply to the State if the
State plan explicitly provides for such inapplicabil-
ity.’’.
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