103D CONGRESS
2D SESSION
H. R. 5179
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).’’.
SEC. 4. DENIAL OF FEDERAL BENEFITS AND EMPLOYMENT
TO CERTAIN PERSONS WITH LARGE CHILD
SUPPORT ARREARAGES.
(a) BENEFITS.—Notwithstanding any other provision
of law, an agency of the Federal Government may not pro-
vide a Federal benefit to any person—
(1) who is in arrears by more than 3 months
in the payment of child support, determined under
a court order or an order of an administrative proc-
ess established under State law; and
(2) who has not entered into or is not in com-
pliance with a plan or an agreement to pay the ar-
rearages.
(b) EMPLOYMENT.—
(1) IN GENERAL.—Notwithstanding any other
provision of law, an individual who is in arrears by
more than 3 months in the payment of child sup-
port, determined under a court order or an order of
an administrative process established under State
law, must, as a condition of accepting employment
in any position in an agency, enter into or be in
compliance with a plan or agreement to pay the ar-
rearages.
(2) REGULATIONS.—Regulations to carry out
paragraph (1) shall—
(A) with respect to positions in the execu-
tive branch, be prescribed by the President (or
designee); and
(B) with respect to positions in the legisla-
tive branch, be prescribed jointly by the Presi-
dent pro tempore of the Senate and the Speak-
er of the House of Representatives (or their
designees) and in consultation with the heads of
the agencies of the legislative branch.
(c) STUDY.—With respect to the judicial branch, the
Director of the Administrative Office of the United States
Courts shall assess the feasibility of denying Federal bene-
fits and employment to persons with child support arrears
exceeding three months.
(d) DEFINITIONS.—For purposes of this section—
(1) the term ‘‘child support’’ has the meaning
given such term in section 462 of the Social Security
Act;
(2) the term ‘‘Federal benefit’’ means a grant,
loan, professional license, or commercial license pro-
vided by an agency of the United States, but does
not include—
(A) any benefit eligibility for which, or the
amount of which, is based, in whole or in part,
on the financial means of the applicant or recip-
ient;
(B) loans or grants made for educational
purposes; or
(C) loans or grants for job training; and
(3) the term ‘‘agency’’ means any department,
agency, or instrumentality in the executive or legisla-
tive branches of the Federal Government.
(e) EFFECTIVE DATE.—This section shall take effect
as of November 1, 1995.
SEC. 5. DENIAL OF PASSPORTS TO NONCUSTODIAL PAR-
ENTS SUBJECT TO STATE ARREST WARRANTS
IN CASES OF NONPAYMENT OF CHILD SUP-
PORT.
The Secretary of State is authorized to refuse a pass-
port or revoke, restrict, or limit a passport in any case
in which the Secretary of State determines or is informed
by competent authority that the applicant or passport
holder is a noncustodial parent who is the subject of an
outstanding State warrant of arrest for nonpayment of
child support, where the amount in controversy is not less
than $10,000.
Passed the House of Representatives October 7,
1994.
Attest:
Clerk.
103D CONGRESS
2D SESSION
H. R. 5179
AN ACT
To amend title 5, United States Code, to strength-
en child support enforcement orders through the
garnishment of amounts payable to Federal em-
ployees, and for other purposes.