[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1754 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1754

To ensure that interest accrues on overdue child support payments, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 21, 2005

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

_______________________________________________________________________

                                 A BILL


 
To ensure that interest accrues on overdue child support payments, 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 Collection Enforcement 
Act''.

SEC. 2. STATES REQUIRED TO ESTABLISH PROCEDURES TO ENSURE THAT INTEREST 
              ACCRUES ON CHILD SUPPORT PAYMENTS WHICH ARE IN ARREARS.

    (a) In General.--Section 466(a)(8) of the Social Security Act (42 
U.S.C. 666(a)(8)) is amended by adding at the end the following:
                    ``(C) Procedures under which any child support 
                order issued or modified in the State on or after the 
                effective date of this subparagraph shall provide for 
                the payment of interest on any payment required by the 
                order which is in arrears.''.
    (b) Penalty for Noncompliance.--Section 409(a)(7)(B)(ii) of such 
Act (42 U.S.C. 609(a)(7)(B)(ii)) is amended by inserting ``, except 
that the percentage that would otherwise apply under this clause shall 
be increased by 5 percentage points if the State is not in compliance 
with section 466(a)(8)(C) for the fiscal year'' before the period.

SEC. 3. STATES REQUIRED TO USE CHILD SUPPORT LATE PAYMENT FEES IN CHILD 
              SUPPORT ENFORCEMENT PROGRAM.

    Section 454(21) of the Social Security Act (42 U.S.C. 654(21)) is 
amended--
            (1) by striking ``and'' at the end of subparagraph (A);
            (2) by adding ``and'' at the end of subparagraph (B); and
            (3) by adding at the end the following:
                    ``(C) provide that any fee collected pursuant to 
                this paragraph shall be expended to carry out the State 
                plan approved under this part;''.

SEC. 4. REPORTS TO CONGRESS ON COLLECTION OF CHILD SUPPORT ARREARAGES 
              AND OF INTEREST ON CHILD SUPPORT OBLIGATIONS.

    Section 454 of the Social Security Act (42 U.S.C. 654) is amended--
            (1) by striking ``and'' at the end of paragraph (32);
            (2) by striking the period at the end of paragraph (33) and 
        inserting ``; and''; and
            (3) by inserting after paragraph (33) the following:
            ``(34) provide that the State shall submit annually to the 
        Committee on Ways and Means of the House of Representatives and 
        the Committee on Finance of the Senate a written report which 
        specifies the total amount of child support arrearages and the 
        total amount of interest on child support obligations collected 
        by the State during the year covered by the report.''.

SEC. 5. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), the 
amendments made by this Act shall take effect at the end of the 1-year 
period that begins with the date of the enactment of this Act, and 
shall apply to payments under parts A and D of title IV of the Social 
Security Act for calendar quarters beginning after the 1-year period.
    (b) Delay Permitted If State Legislation Required.--If the 
Secretary of Health and Human Services determines that State 
legislation (other than legislation appropriating funds) is required in 
order for a State plan under section 454 of the Social Security Act to 
meet the additional requirements imposed by the amendments made by this 
Act, the plan shall not be regarded as failing to meet any of the 
additional requirements before the 1st day of the 1st calendar quarter 
beginning after the first regular session of the State legislature that 
begins after the 1-year period described in subsection (a). If the 
State has a 2-year legislative session, each year of the session is 
deemed to be a separate regular session of the State legislature for 
purposes of this subsection.
                                 <all>