IIA
103D CONGRESS
2D SESSION
H. R. 5179
IN THE SENATE OF THE UNITED STATES
OCTOBER 7 (legislative day, SEPTEMBER 12), 1994
Received
OCTOBER 8 (legislative day, SEPTEMBER 12), 1994
Read twice and referred to the Committee on Governmental Affairs
AN ACT
To amend title 5, United States Code, to strengthen child
support enforcement orders through the garnishment of
amounts payable to Federal employees, and for other
purposes.
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 Reform
Amendments Act of 1994’’.
SEC. 2. GARNISHMENT OF PAY OF FEDERAL EMPLOYEES.
Subsection (i) of section 5520a of title 5, United
States Code, is amended—
(1) by striking out ‘‘The provisions’’ and insert-
ing in lieu thereof ‘‘(1) Except as provided in para-
graph (2), the provisions’’; and
(2) by adding at the end thereof the following:
‘‘(2)(A) Each agency, upon receipt of legal process
relating to an employee’s legal obligation to provide child
support that is regular on its face shall—
‘‘(i) within five working days after the date pay
would have been paid or credited to the employee by
the agency, comply with the order, notwithstanding
subsection (f);
‘‘(ii) forward the amount withheld pursuant to
the order to the State or custodial parent specified
in the order; and
‘‘(iii) keep records of the amounts so withheld.
‘‘(B) In addition to service provided for under sub-
section (c), such an order may be served on the agency
by first-class mail.
‘‘(C) Each agency shall be subject to, and comply
with, any civil fine of not more than $1,000 imposed by
a State if the agency receives such an order and fails to
comply with the order within 10 working days after the
date wages would have been paid or credited to the em-
ployee by the agency.’’.
SEC. 3. ELIMINATION OF SECOND COURT ORDER TO
ATTACH RETIREMENT FUNDS FOR CHILD
SUPPORT.
(a) CSRS.—Subsection (j) of section 8345 of title 5,
United States Code, is amended by redesignating para-
graph (3) as paragraph (4) and inserting after paragraph
(2) the following new paragraph:
‘‘(3) Notwithstanding paragraph (1), an individual
owed a child support arrearage (determined under a court
order or an order of an administrative process established
under State law) may attach any interest in payments
under this subchapter which would otherwise be payable
to an employee, Member, or annuitant who owes the sup-
port, without the requirement of a separate order, but only
if the State provides procedures for notice and an expe-
dited hearing if requested by such employee, Member, or
annuitant. Payments attached under this paragraph shall
be held in escrow pending a determination pursuant to
such a hearing (if any).’’.
(b) TSP.—Paragraph (3) of section 8437(e) of such
title is amended by adding at the end the following: ‘‘An
individual owed a child support arrearage (determined
under a court order or an order of an administrative proc-
ess established under State law) may attach any interest
in moneys due or payable from the Thrift Savings Fund
which would otherwise be payable to an employee, Mem-
ber, or annuitant who owes the support, without the re-
quirement of a separate order, but only if the State pro-
vides procedures for notice and an expedited hearing if
requested by such employee, Member, or annuitant.
Amounts due or payable which are attached under this
paragraph shall be held in escrow pending a determination
pursuant to such a hearing (if any).’’.
(c) FERS.—Section 8467 of such title is amended
by adding at the end the following:
‘‘(c) Notwithstanding paragraph (1), an individual
owed a child support arrearage (determined under a court
order or an order of an administrative process established
under State law) may attach any interest in payments
under this subchapter which would otherwise be payable
to an employee, Member, or annuitant who owes the sup-
port, without the requirement of a separate order, but only
if the State provides procedures for notice and an expe-
dited hearing if requested by such employee, Member, or
annuitant. Payments attached under this paragraph shall
be held in escrow pending a determination pursuant to
such a hearing (if any).’’.