[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1747 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1747

 To provide for enforcement of State court judgments against federally 
forfeited assets of individuals who are delinquent in payment of child 
                                support.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            November 20 (legislative day, November 2), 1993

   Mr. Glenn introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To provide for enforcement of State court judgments against federally 
forfeited assets of individuals who are delinquent in payment of child 
                                support.

    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 Fairness Act of 
1993''.

SEC. 2. FEDERALLY FORFEITED ASSETS SUBJECT TO STATE COURT JUDGMENT.

    (a) In General.--Assets forfeited as a result of violation of 
Federal law shall be subject to valid State court judgments for the 
payment of delinquent child support as provided in this Act.
    (b) Notice of Forfeiture.--The Secretary of the Treasury or the 
Attorney General shall notify the Department of Health and Human 
Services Child Support Enforcement Division of the name of any 
individual whose assets are seized. The Secretary of Health and Human 
Services shall then notify the appropriate State agency of the name of 
any such individual who is delinquent in child support payments and 
inform such agency of the seizure. The State agency shall notify any 
party owed child support by the individual.
    (c) Payment for Arrears in Child Support.--
            (1) Any party owed child support and having secured a valid 
        State court judgment may petition the Secretary within 30 days 
        after receiving notice under subsection (b) for payment under 
        this Act. The Secretary shall schedule a hearing no later than 
        30 days following receipt of petition.
            (2) At the discretion of the Secretary, the Secretary may 
        waive a hearing and disburse the assets to the petitioner, if 
        money, within 30 days of the filing of a petition and valid 
        State court judgment. If the assets are property other than 
        money, the Secretary shall sell the assets under its normal 
        procedures. If the value of the property is exceeded by the 
        costs of sale, the petitioner may seek to secure the assets in 
        its original form.
    (d) Trust Established.--After a determination is made by the 
Secretary of the Treasury or the Attorney General as to the appropriate 
disposition of the seized assets, and after payment of all expenses of 
forfeiture, including investigative costs, and costs of forfeiture 
proceedings and all other reasonable costs, if there remains any excess 
money or property, the remaining money or property shall be--
            (1) kept in the agency trust fund for a period not to 
        exceed 90 days from the date of final disposition of the case; 
        and
            (2) subject to claim under this Act.
    (e) Forfeiture Funds.--
            (1) Section 9703(a)(1) of title 31, United States Code, is 
        amended by adding at the end thereof the following:
            ``(I) Payments required by the Child Support Fairness Act 
        of 1993.''.
            (2) Section 511(e) of the Controlled Substances Act (21 
        U.S.C. 881(e)) is amended by adding at the end thereof the 
        following:
    ``(5) The disposition of forfeited property under this subsection 
shall be subject to the provisions of the Child Support Fairness Act of 
1993.''.
            (3) Section 613(a) of the Tariff Act of 1930 (19 U.S.C. 
        1613) is amended by adding at the end the thereof the 
        following:
``The disposition of forfeited property under this section shall be 
subject to the provisions of the Child Support Fairness Act of 1993.''.

                                 <all>