[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4897 Introduced in House (IH)]

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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Child Support Enforcement Act of 
1994''.

SEC. 2. SEIZURE OF LOTTERY WINNINGS, SETTLEMENTS, PAYOUTS, AND SALE OF 
              FORFEITED PROPERTY 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-sanctioned 
                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 payment under a 
                policy of insurance or a settlement of a claim made 
                with respect to the policy shall--
                            ``(i) suspend the payment 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) withhold from the payment the 
                                lesser of the amount of the payment 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 action brought in 
                Federal or State court shall--
                            ``(i) suspend the payment 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) withhold from the payment the 
                                lesser of the amount of the payment 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 remaining proceeds or the amount 
                                of the arrearage directly to the State 
                                agency for distribution.
                    ``(E) Any person required to make payment in 
                respect to a decedent shall--
                            ``(i) suspend the payment 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 an arrearage--
                                    ``(I) withhold from the payment the 
                                lesser of the amount of the payment or 
                                the amount of the arrearage; and
                                    ``(II) pay the amount withheld to 
                                the State agency for distribution.''.

SEC. 3. RESTRICTIONS RELATING TO PROFESSIONAL, OCCUPATIONAL, BUSINESS, 
              AND DRIVER'S LICENSES.

    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 occupational 
        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 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; 
                and
                    ``(B) an individual who is delinquent in the 
                payment of child support, until the individual owed 
                such support or a State prosecutor responsible for 
                child support enforcement consents 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 review is completed while the individual is 
                granted a 60-day temporary license.
            ``(14) Procedures under which the State motor vehicle 
        department--
                    ``(A) may not issue or renew the driver's license 
                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 individual 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 individual's driver's license or vehicle 
                registration should not be suspended until the warrant 
                is removed 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 registration 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 institution (as defined in section 
                3(c)(5) of such Act) may be seized to satisfy child 
                support arrearages determined under a court order or an 
                order of an administrative process established under 
                State law, solely through an administrative process, 
                pending notice to and an expedited opportunity to be 
                heard from the account holder or holders; and
                    ``(B) if the account holder or holders fail to 
                successfully challenge the seizure (as determined 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 administrative 
        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 SUPPORT 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 following:
            ``(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 individual is unable to 
        provide such support. The preceding sentence shall not apply to 
        the State if the State plan explicitly provides for such 
        inapplicability.''.
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