Child Support Recovery Act of 1992
PL 102-521 (S.1002), enacted 10/25/1992

18 u s e 228 note. 
PUBLIC LAW 102-521—OCT. 25, 1992 
106 STAT. 3403 
Public Law 102-521 
102d Congress 
An Act 
To impose a criminal penalty for flight to avoid pajnnent of arrearages 
Oct. 25, 1992 
in child support. 
IS 10021 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled. 
Child Support 
Recovery Act of 
SECTION 1. SHORT TITLE. 
1992. 
This Act may be cited as the "Child Support Recovery Act 
of 1992". 
SEC. 2. FAILURE TO PAY LEGAL CHILD SUPPORT OBLIGATIONS. 
(a) IN GENERAL,—Title 18, United States Code, is amended 
by inserting after chapter 11 the following new chapter: 
"CHAPTER 
1
1 
A—CHILD 
SUPPORT 
"Sec. 
"228. Failure to pay legal child support obligations. 
"§ 228. Failure to pay legal child support obligations 
"(a) OFFENSE.—^Whoever willfully fails to pay a past due support 
obligation with respect to a child who resides in another State 
shall be punished as provided in subsection (b). 
"(b) PUNISHMENT.—The punishment for an offense under this 
section is— 
"(1) in the case of a first offense under this section, a 
fine under this title, imprisonment for not more than 6 months, 
or both; and 
"(2) in any other case, a fine under this title, imprisonment 
for not more than 2 years, or both. 
"(c) RESTITUTION.—Upon a conviction under this section, the 
court shall order restitution under section 3663 in an amount 
equal to the past due support obligation as it exists at the time 
of sentencing. 
"(d) DEFINITIONS.—^As used in this section— 
"(1) the term 'past due support obligation' means any 
amount— 
"(A) determined under a court order or an order of 
an administrative process pursuant to the law of a State 
to be due from a person for the support and maintenance 
of a child or of a child and the parent with whom the 
child is living; and 
"(B) that has remained unpaid for a period longer 
than one year, or is greater than $5,000; and 
"(2) the term 'State' includes the District of Columbia, 
and any other possession or territory of the United States.". 
(b) TECHNICAL AMENDMENT.—The part analysis for part I of 
title 18, United States Code, is amended by inserting after the 
item relating to chapter 11 the following new item: 
106 STAT. 3404 
PUBLIC LAW 102-521—OCT. 25, 1992 
"llA. Child support 
228". 
SEC. 3. DISCRETIONARY CONDITION OF PROBATION. 
Section 3563(b) of title 18, United States Code, is amended— 
(1) by striking "or" at the end of paragraph (20); 
(2) by redesignating paragraph (21) as paragraph (22); 
and 
(3) by inserting after paragraph (20) the following new 
paragraph: 
*\21) comply with the terms of any court order or order 
of an administrative process pursuant to the law of a State, 
the District of Columbia, or any other possession or territory 
of the United States, requiring payments by the defendant 
for the support and maintenance of a child or of a child and 
the parent with whom the child is living; or". 
SEC. 4. CRIMINAL CHILD SUPPORT ENFORCEMENT. 
(a) AMENDMENT OF THE OMNIBUS CRIME CONTROL AND SAFE 
STREETS ACT OF 1968.—^Title I of the Onmibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended— 
42 use 3797. 
(1) by redesignating part P as part Q; 
(2) by redesignating section 1601 as section 1701; and 
(3) by inserting after part O the following new part: 
"PART P—CRIMINAL CHILD SUPPORT 
ENFORCEMENT 
42USC3796CC. 
"SEC. 1601. GRANT AUTHORIZATION. 
"(a) IN GENERAL.—^The Director of the Bureau of Justice Assist-
ance may make grants under this part to States, for the use 
by States, and local entities in the States to develop, implement, 
and enforce criminal interstate child support legislation and coordi-
nate criminal interstate child support enforcement efforts. 
"(b) USES OF FUNDS.—Funds distributed under this part shall 
be used to— 
"(1) develop a comprehensive assessment of existing crimi-
nal interstate child support enforcement efforts, including the 
identification of gaps in, and barriers to, the enforcement of 
such efforts; 
"(2) pl£in and implement comprehensive long-range strate-
gies for criminal interstate child support enforcement; 
"(3) reach an agreement within the State regarding the 
priorities of such State in the enforcement of criminal interstate 
child support legislation; 
"(4) develop a plan to implement such priorities; and 
"(5) coordinate criminal interstate child support enforce-
ment efforts. 
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"SEC. 1602. STATE APPLICATIONS. 
3796cc-l 
"(a) IN GENERAL.—(1) To request a grant under this part, 
the chief executive of a State shall submit an application to the 
Director in such form and containing such information as the Direc-
tor may reasonably require. 
"(2) An application under paragraph (1) shall include assur-
ances that Federal funds received unaer this part shall be used 
to supplement, not supplant, non-Federal funds that would other-
wise be available for activities funded under this part. 
PUBLIC LAW 102-521—OCT. 25, 1992 
106 STAT. 3405 
"(b) STATE OFFICE.—^The office designated under section 507 
of title I— 
"(1) shall prepare the application required under section 
1602; and 
"(2) shall administer grant funds received under this part, 
including, review of spending, processing, progress, financial 
reporting, technical assistance, grant adjustments, accounting, 
auditing, and fund disbursement. 
"SEC. 1603. REVIEW OF STATE APPLICATIONS. 
"(a) IN GENERAL.—^The Bureau shall m£ike a grant under section 
1601(a) to carry out the projects described in the application submit-
ted by an applicant under section 1602 upon determining that— 
"(1) the application is consistent with the requirements 
of this part; and 
"(2) before the approval of the application, the Bureau 
has made an affirmative finding in writing that the proposed 
project has been reviewed in accordance with this part. 
"(b) APPROVAL.—Each appUcation submitted under section 1602 
shall be considered approved, in whole or in part, by the Bureau 
not later than 45 days after first received unless the Bureau informs 
the applicant of specific reasons for disapproval. 
"(c) DISAPPROVAL NOTICE AND RECONSIDERATION.—^The Bureau 
shall not disapprove any application without first affording the 
applicant reasonable notice and an opportunity for reconsideration. 
«SEC. 1604. LOCAL APPUCATIONS. 
"(a) IN GENERAL.—(1) To request fimds under this part from 
a State, the chief executive of a local entity shall submit an applica-
tion to the office designated under section 1602(b). 
"(2) An application imder paragraph (1) shall be considered 
approved, in whole or in part, by the State not later than 45 
days after such application is first received unless the State informs 
the applicant in writing of specific reasons for disapproval. 
"(3) The State shall not disapprove any application submitted 
to the State without first affording the appUcant reasonable notice 
and an opportunity for reconsideration. 
"(4) If an application under paragraph (1) is approved, the 
local entity is eligible to receive funds under this part. 
"(b) DISTRIBUTION TO LOCAL ENTITIES.—A State that receives 
funds under section 1601 in a fiscal year shall make such funds 
available to a local entity with an approved application within 
45 days after the Bureau has approved the application submitted 
by the State and has made funds available to the State. The 
Director may waive the 45-day requirement in this section upon 
a finding that the State is unable to satisfy the requirement of 
the preceding sentence under State statutes. 
"SEC 1605. DISTRIBUTION OF FUNDS. 
"The Federal share of a grant made under this part may 
not exceed 75 percent of the total costs of the project described 
in the application submitted under section 1602(a) for the fiscal 
year for which the project receives assistance under this part. 
-SEC 1606. EVALUATION. 
"(a) IN GENERAL.—(1) Each State and local entity that receives 
a grant under this part shall submit to the Director an evaluation 
not later than March 1 of each year in accordance with guidehnes 
42 use 
3796CC-2. 
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3796CC-3. 
42 use 
3796CC-4. 
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3796CC-5. 
106 STAT. 3406 
PUBLIC LAW 102-521—OCT. 25, 1992 
Public 
information. 
42 use 
3796CC-6. 
42 u s e 12301 
note. 
issued by the Director and in consultation with the Director of 
the National Institute of Justice. 
"(2) The Director may waive the requirement specified in sub-
section (a) if the Director determines that such evaluation is not 
warranted in the case of the State or local entity involved. 
"(b) DISTRIBUTION.—^The Director shall make available to the 
public on a timely basis evaluations received under subsection 
(a). 
"(c) ADMINISTRATIVE COSTS.—A State or local entity may use 
not more than 5 percent of the funds it receives under this part 
to develop an evaluation program under this section. 
"SEC. 1607. DEFINITIONS. 
"For purposes of this part, the term 'local entity means a 
child support 
enforcement 
agency, law enforcement 
agency, 
prosecuting attorney, or unit of local government.". 
(b) TECHNIOAL AMENDMENT.—^The table of contents of title I 
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3711 et seq.) is amended by striking the matter relating 
to part P and inserting the following: 
"PART P—CRIMINAL CHILD SUPPORT ENFORCEMENT 
"Sec. 1601. Grant authorization. 
"Sec. 1602. State applications. 
"Sec. 1603. Review of State applications. 
"Sec. 1604. Local applications. 
"Sec. 1605. Distribution of funds. 
"Sec. 1606. Evaluation. 
"Sec. 1607. Definitions. 
"PART Q—TRANSITION—EFFECTIVE DATE—REPEALER 
"Sec. 1701. Continuation of rules, authorities, and proceedings.". 
(c) AUTHORIZATION OF APPROPRIATIONS.—Section 1001(a) of title 
I of the Omnibus Crime Control and Safe Streets Act of 1968 
(42 U.S.C. 3793(a)) is amended— 
(1) by redesignating the last three paragraphs sequentially 
as paragraphs (7), (8), and (9); and 
(2) by adding at the end the following new paragraph: 
"(10) There are authorized to be appropriated $10,000,000 for 
each of the fisccd years 1994, 1995, and 1996 to carry out projects 
under part P.". 
SEC. 6. COMMISSION ON CHILD AND FAMILY WELFARE. 
(a) ESTABLISHMENT.—^There is established a commission to be 
known as the Commission on Child and Family Welfare (referred 
to in this section as the "Commission"). 
(b) MEMBERSHIP.— 
(1) COMPOSITION.—^The Commission shall be composed of 
15 members of whom— 
(A) 3 shall be appointed by the President, in con-
sultation with the Attorney General and the Secretary 
of Health and Human Services; 
(B) 4 shall be appointed by the President pro tempore 
of the Senate; 
(C) 2 shall be appointed by the minority leader of 
the Senate; 
(D) 4 shall be appointed by the Speaker of the House 
of Representatives; and 
PUBLIC LAW 102-521—OCT. 25, 1992 
106 STAT. 3407 
(E) 2 shall be appointed by the minority leader of 
the House of Representatives. 
(2) QUALIFICATIONS.—Members of the Commission shall 
be— 
(A) persons who have expertise in family law, children's 
issues, mental health, and related policies; 
(B) persons who have expertise, through research and 
practice, in laws and policies related to child and family 
welfare; 
(C) persons who represent organizations that seek to 
protect the civil rights of children; 
(D) persons who represent advocacy groups that work 
for the interests of children; 
(E) persons who represent advocacy groups that work 
for the interests of both custodial and noncustodial parents; 
and 
(F) persons who have conducted extensive research 
on, or deUvered services to, children adversely affected 
by divorce. 
(3) DATE.—^The appointments of the members of the Com-
mission shall be made no later than June 1, 1993. 
(c) PERIOD OF APPOINTMENT; VACANCIES.—^Members shall be 
appointed for the life of the Commission. Any vacancy in the Com-
mission shall not affect its powers, but shall be filled in the same 
manner as the original appointment. 
(d) INITIAL MEETING.—NO later than 30 days after the date 
on which all members of the Commission have been appointed, 
the Commission shall hold its first meeting. 
(e) MEETINGS.—^The Commission shall meet at the call of the 
Chairman. 
(f) QUORUM.—^A majority of the members of the Commission 
shall constitute a quorum, but a lesser number of members may 
hold hearings. 
(g) CHAIRMAN AND VICE CHAIRMAN.—^The Commission shall 
select a Chairman and Vice Chairman from among its members. 
(h) DUTIES.—^The Commission shall— 
(1) compile information and data on the issues that affect 
the best interests of children, including domestic issues such 
as abuse, family relations, services and agencies for children 
and families, family courts and juvenile courts; 
(2) compile a report that lists the strengths and weaknesses Reports, 
of the child welfare system as it relates to placement (including 
child custody and visitation), summarizes State laws and regu-
lations relating to visitation, and makes recommendations for 
changing the system or developing a Federal role in strengthen-
ing the system; 
(3) study the strengths and weaknesses of the juvenile 
and family courts as they relate to visitation, custody, and 
child support enforcement and suggest any recommendations 
for changing these systems; and 
(4) study domestic issues that relate to the treatment and 
placement of children (such as child and spousal abuse) and 
suggest recommendations for any needed changes, including 
models for mediation and other programs. 
(i) REPORT.—^Not later than January 1, 1994, the Commission 
shall submit to the President and the Congress an interim report, 
and not later than January 1, 1995, a final report, which shall 
106 STAT. 3408 
PUBLIC LAW 102-521—OCT. 25, 1992 
contain a detailed statement of the findings and conclusions of 
the Commission, together with its reconunendations for such legisla-
tion and administrative actions as it considers to be appropriate, 
(j) HEARINGS.— 
(1) IN GENERAL.—Subject to paragraph (2), the Commission 
may hold such hearings, sit and act at such times and places, 
take such testimony, and receive such evidence as the Commis-
sion considers advisable to carry out the purposes of this sec-
tion. 
(2) BROAD PUBLIC PARTICIPATION.—The Commission shall 
conduct hearings in various areas of the country, including 
inner cities, suburbs, and rural areas, to gather a broad spec-
trum of information on the issues to be addressed. Parents, 
children, experts, religious leaders, and public and private 
agency officials shall be afforded the opportiuiity to give testi-
mony at such hearings. 
(k) INFORMATION FROM FEDERAL AGENCIES.—^The Commission 
may secure directly from any Federal department or agency such 
information as the Commission considers necessary to carry out 
the provisions of this Act. Upon request of the Chairman of the 
Commission, the head of such department or agency shall furnish 
such information to the Commission to the extent permitted by 
law. 
(1) POSTAL SERVICES.—^The Commission may use the United 
States mails in the same manner and under the same conditions 
as other departments and agencies of the Federal Government. 
(m) COMPENSATION OF MEMBERS.—^Each member of the Com-
mission who is not an officer or employee of the Federal Grovemment 
shall be compensated at a rate equal to the daily equivalent of 
the annual rate of basic pay prescribed for level IV of the Executive 
Schedule under section 5315 of title 5, United States Code, for 
each day (including travel time) during which such member is 
engaged in the peiformance of the duties of the Commission. All 
members of the Commission who are officers or employees of the 
United States sheOl serve without compensation in addition to that 
received for their services as officers or employees of the United 
States. 
(n) TRAVEL EXPENSES,—^The members of the Conunission shall 
be allowed travel expenses, including per diem in lieu of subsistence, 
at rates authorized for employees of agencies under subchapter 
I of chapter 57 of title 5, United States Code, while away from 
their homes or regular places of business in the performance of 
services for the Commission. 
(o) STAFF.— 
(1) IN GENERAL.—^The Chairman of the Commission may, 
without regard to the civil service laws and regulations, appoint 
and terminate an executive director and such other additional 
personnel as may be necessary to enable the Commission to 
perform its duties. The emplojonent of an executive director 
shall be subject to confirmation by the Commission. 
(2) COMPENSATION.—^The Chairman ofthe Commission may 
fix the compensation of the executive director and other person-
nel without regard to the provisions of chapter 51 and sub-
chapter III of chapter 53 of title 5, United States Code, relating 
to classification of positions and General Schedule pay rates, 
except that the rate of pay for the executive director and 
PUBLIC LAW 102-521—OCT. 25, 1992 
106 STAT. 3409 
other personnel may not exceed the rate payable for level 
V of the Executive Schedule under section 5316 of that title. 
(p) DETAIL OF GOVERNMENT EMPLOYEES.^Any Federal Govern-
ment employee may be detailed to the Commission without 
reimbursement, and such detail shall be without interruption or 
loss of civil service status or privilege. 
(q) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERV-
ICES.—^The Chairman of the Commission may procure temporary 
and intermittent services under section 3109(b) of title 5, United 
States Code, at rates for individuals which do not exceed the daily 
equivalent of the annual rate of basic pay prescribed for level 
V of the Executive Schedule under section 5316 of that title. 
(r) TERMINATION OF THE COMMISSION.—(1) The Commission 
shall terminate 90 days after the date on which the Commission 
submits its final report under subsection (i). 
(2) Any fimds held by the Commission on the date of termi-
nation of the Commission shall be deposited in the general fund 
of the Treasury of the United States and credited as miscellaneous 
receipts. Any property (other than funds) held by the Commission 
on that date shall be disposed of as excess or surplus property. 
(s) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL,—^There are authorized to be appropriated 
to the Commission $2,000,000 for fiscal years 1993 and 1994 
to carry out this section. 
(2) AVAILABILITY,—Any sums appropriated under the 
authorization contained in this subsection shall remain avail-
able, without fiscal year limitation, until expended. 
Approved October 25, 1992, 
LEGISLATIVE HISTORY—S. 1002: 
CONGRESSIONAL RECORD, Vol. 138 (1992): 
Sept. 18, considered and passed Senate. 
Oct. 3, considered and psissed House, amended. 
Oct. 7, Senate concurred in House amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 28 (1992): 
Oct. 25, Presidential statement. 
59-194 O—93 
22:QL3(Pt. 4)