[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1029 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 1029

    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

                           February 23, 1995

  Mr. Torkildsen (for himself, Mr. Meehan, Mr. Neal, Mr. Emerson, Mr. 
Frank of Massachusetts, Mr. Olver, Mr. Markey, Mr. Bilirakis, Mr. King, 
     Mr. Blute, Mr. Shays, Mrs. Morella, Ms. Pryce, Mr. Kennedy of 
Massachusetts, and Mr. Jacobs) 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. 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 liens arise by operation of 
        law and are imposed against real and personal property for 
        amounts of overdue support owed by an absent parent who resides 
        or owns property in the State.
            ``(B) Such procedures shall require the State agency 
        responsible for the administration of the State plan approved 
        under this part, in accordance with State due process 
        procedures, to--
                    ``(i) in appropriate cases, levy or record with the 
                appropriate public or private entity a lien arising 
                pursuant to subparagraph (A) against any property of 
                the individual; and
                    ``(ii) in appropriate cases, execute on, seize, and 
                sell the property in accordance with State law.
            ``(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) shall, in accordance with subparagraph (B), 
                enforce the lien against 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 
                subparagraph (A) 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.''.
                                 <all>