[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4982 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4982

    To improve the enforcement of child support obligations in both 
    intrastate and interstate cases by requiring the imposition and 
  execution of liens against the property of persons who owe overdue 
                                support.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            August 17, 1994

Mr. Torkildsen introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
    To improve the enforcement of child support obligations in both 
    intrastate and interstate cases by requiring the imposition and 
  execution of liens against the property of persons who owe overdue 
                                support.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. IMPOSITION OF LIENS AGAINST THE PROPERTY OF PERSONS OWING 
              OVERDUE CHILD SUPPORT.

    Section 466(a)(4) of the Social Security Act (42 U.S.C. 666(a)(4)) 
is amended to read as follows:
            ``(4)(A) Procedures under which a lien arises by operation 
        of law against all property owned by an individual who resides 
        or owns property in the State, and owes overdue support.
            ``(B)(i) Such procedures shall require the State agency 
        responsible for the administration of the State plan approved 
        under this part, after notifying an individual described in 
        subparagraph (A) that the individual owes overdue support and 
        affording the individual an opportunity for administrative 
        review, to--
                    ``(I) levy, or record with the appropriate public 
                or private entity a lien arising pursuant to 
                subparagraph (A), against any qualified property of the 
                individual; and
                    ``(II) execute on, seize, and sell the property in 
                accordance with State law.
            ``(ii) As used in clause (i), the term `qualified property' 
        means, with respect to an individual, any interest of the 
        individual in property which is--
                    ``(I) registered or recorded with an agency of a 
                State or of the Federal Government; or
                    ``(II) held by a party other than the individual.
            ``(C)(i) Such procedures shall require that, upon receipt 
        from another State of the certification required by clause (ii) 
        of this subparagraph with respect to an individual, the State 
        agency referred to in subparagraph (B) shall--
                    ``(I) accord full faith and credit to a lien 
                arising pursuant to subparagraph (A) in such other 
                State against the property of the individual; and
                    ``(II) execute on, seize, and sell, in accordance 
                with State law, any interest of the individual in 
                property which is located in the State.
            ``(ii) The certification required by this clause with 
        respect to an individual is a certification--
                    ``(I) of the amount of overdue support that is owed 
                by the individual; and
                    ``(II) that a lien has arisen as described in 
                clause (i)(I) against the property of the individual, 
                and was imposed in accordance with due process.
            ``(D) Such procedures shall permit the certification 
        described in subparagraph (C) to be transmitted to the State by 
        electronic means, in accordance with regulations prescribed by 
        the Secretary.''.
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