[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5179 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 5179

   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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 5, 1994

Ms. Norton introduced the following bill; which was referred jointly to 
the Committees on Post Office and Civil Service, Government Operations, 
                          and Foreign Affairs

_______________________________________________________________________

                                 A BILL


 
   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 Representatives 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 inserting in 
        lieu thereof ``(1) Except as provided in paragraph (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 subsection (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 employee 
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 paragraph (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 support, 
without the requirement of a separate order, but only if the State 
provides procedures for notice and an expedited 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 process 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, Member, or annuitant who 
owes the support, without the requirement of a separate order, but only 
if the State provides 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 support, 
without the requirement of a separate order, but only if the State 
provides procedures for notice and an expedited 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 provide 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 process established under State law; and
            (2) who has not entered into or is not in compliance with a 
        plan or an agreement to pay the arrearages.
    (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 support, 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 arrearages.
            (2) Regulations.--Regulations to carry out paragraph (1) 
        shall--
                    (A) with respect to positions in the executive 
                branch, be prescribed by the President (or designee); 
                and
                    (B) with respect to positions in the legislative 
                branch, be prescribed jointly by the President pro 
                tempore of the Senate and the Speaker 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 benefits 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 provided 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 recipient;
                    (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 legislative 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 PARENTS SUBJECT TO STATE 
              ARREST WARRANTS IN CASES OF NONPAYMENT OF CHILD SUPPORT.

    The Secretary of State is authorized to refuse a passport 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.
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