[Congressional Record Volume 140, Number 145 (Friday, October 7, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: October 7, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
              CHILD SUPPORT REFORM AMENDMENTS ACT OF 1994

  Ms. NORTON. Mr. Speaker, I ask unanimous consent that the Committee 
on Post Office and Civil Service, the Committee on Government 
Operations, and the Committee on Foreign Affairs be discharged from 
further consideration of the bill (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, and ask for its immediate consideration.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from the District of Columbia?
  Mrs. MORELLA. Mr. Speaker, reserving the right to object, I rise in 
strong support of H.R. 5179, a bill to strengthen child support 
enforcement orders from Federal employees.
  The bill authorizes expedited garnishment proceedings for child 
support owed by Federal employees. It gives the person owed child 
support the ability to attach retirement funds for child support after 
an administrative proceeding. H.R. 5179 denies Federal benefits (like 
VA and FHA loans and federal employment) to people owing more than 3 
months back child support unless a payment plan is accepted. Further, 
the measure denies passports to noncustodial parents subject to state 
arrest warrants in cases of nonpayment of child support.
  H.R. 5179 is a substantial starting point that we hope will lead to 
even stronger child support enforcement measures in the next Congress.
  In my State of Maryland, $200 million is child support is collected 
each year, but an additional $500 million remains delinquent. 
Incredibly, 330,000 child support enforcement cases are pending in the 
state meaning that every case worker must handle 500 claims. Clearly, 
our nation's child support collection system is badly broken and must 
be fixed.
  Nationally $34 billion is owed by child support that is uncollected. 
Shockingly, 49 percent of child support payments are in default. Yet 
the default rate for car loans is only 3 percent. Does that suggest we 
care more about our cars than our children? Our children deserve the 
support of both parents. They can wait no longer.
  Mr. Speaker, I yield to my distinguished colleague, the gentlewoman 
from Colorado [Mrs. Schroeder], one of the major proponents of this 
legislation who has worked hard on it.
  Mrs. SCHROEDER. Mr. Speaker, I thank the gentlewoman from Maryland 
for yielding, I thank her for her work, and I thank the gentlewoman 
from the District for her work in the caucus who has worked so hard.
  Basically what these are are recommendations that came from a long, 
long study that was done nationally on what we could do to do welfare 
prevention. I am saying welfare prevention because we know if we did a 
better job of child support enforcement, we would have much better 
statistics, as the gentlewoman mentioned, the $34 billion. It is tragic 
that we do better with our cars than our children.
  I thank the gentlewoman very much. I hope we can pass this 
expeditiously and get on with finally doing what we should have done 
years ago.
  Mrs. MORELLA. Mr. Speaker, I thank the gentlewoman for her comments 
and for the work that went into it. I also want to commend the 
gentlewoman from the District of Columbia [Ms. Norton] for her 
leadership in this bill on the Committee on Post Office and Civil 
Service.
  Ms. NORTON. Mr. Speaker, will the gentlewoman yield?
  Mrs. MORELLA. I yield to the gentlewoman from the District of 
Columbia, the sponsor of this legislation.
  (Ms. NORTON asked and was given permission to revise and extend her 
remarks.)
  Ms. NORTON. Mr. Speaker, I thank the gentlewoman for yielding.
  Mr. Speaker, H.R. 5179 represents the first national approach to 
assuring child support from both parents and gives Congress a head 
start on passing far more comprehensive child support legislation, 
which will surely come in the 104th Congress.
  I am particularly proud and pleased that the Committee on Post Office 
and Civil Service and the Committee on Foreign Affairs have been the 
first to come forward with historic changes in the way parents' 
obligations to support the children are required under law.
  H.R. 5179 represents the first national approach to assuring child 
support from both parents. No issue before the Congress has undergone 
more study or engendered more widespread anguish. The Federal sector, 
both in its responsibility for Federal benefits for millions of 
Americans and as the largest employer in the country, is the most 
critical actor in solidifying national enforcement of child support.
  This bill requires Federal agencies to comply with child support 
garnishment orders within 5 days of receipt where the order appears 
regular on its face. It provides that Federal agencies which fail to 
comply with clearly valid garnishment orders within 10 working days 
after the date wages would have been paid or credited to the employee 
by the agency will be subject to, and comply with, any civil fine of 
not more than $1,000 imposed by a State.
  The bill provides that 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 the civil service retirement 
annuity monies which would otherwise be payable to an employee, Member, 
or annuitant who owes the support, without the requirement of a 
separate order specifically directing garnishment of the retirement 
monies. This streamlined process would, however, only apply when the 
State provides procedures for notice and 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.
  The bill prohibits the payment of Federal grants, loans, professional 
licenses, or commercial licenses provided by an agency of the United 
States to 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, and has not 
entered into or gotten into compliance with a plan or agreement to 
repay the arrearage. Similarly, an individual who is in arrears by more 
than 3 months in the payment of child support, determined under such an 
order, must, as a condition of accepting employment in any position in 
the Federal Government, enter into or be in compliance with a plan or 
agreement to pay the arrearage.
  Finally, section 5 of the bill, an amendment authorized by the 
Foreign Affairs Committee, authorizes the Secretary of State 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.
  Mrs. MORELLA. Mr. Speaker, our children deserve the support of both 
parents. Our children cannot wait any longer. This bill gives us that 
head start.
  Ms. SNOWE. Mr. Speaker, I rise in support of H.R. 5179, a bill to 
prevent noncustodial parents who are delinquent in child support 
obligations to flee the country. This bill closes a loophole that 
allows deadbeat parents to escape their obligations to their children.
  At a time when approximately 25 percent of our Nation's children grow 
up in single-parent households, delinquent child support payments 
create irreparable problems--both emotional and financial. The Urban 
League estimates the potential for child support collections to be $48 
billion. States are currently collecting $14 billion annually from 
noncustodial parents, leaving a $34 billion gap, and with 15 million 
cases and a growing caseload, there is a definite need for reform.
  The bill before you would authorize the Secretary of State 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 a 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. Current law provides for other instances in which 
passports are denied or revoked, such as for default on a Federal loan.
  According to the U.S. Commission on Interstate Child Support's report 
to Congress, there are over 2.4 million American parents living abroad, 
with a significant number who have child support obligations. We all 
are aware of the myriad problems of collecting interstate child 
support, but historically these difficulties are only magnified when a 
deadbeat parent relocates to a foreign nation, causing child support 
enforcement to become more time-consuming and expensive.
  I urge my colleagues to support this bill, keeping in mind that the 
quality of the lives of our children is at stake.
  Mrs. MORELLA. Mr. Speaker, I withdraw my reservation of objection.
  The SPEAKER pro tempore (Mr. Hughes). Is there objection to the 
request of the gentlewoman from the District of Columbia?
  There was no objection.
  The Clerk read the bill, as follows:

                               H.R. 5179

       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 Sate 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.
  The bill was ordered to be engrossed and read a third time, was read 
the third time, and passed, and a motion to reconsider was laid on the 
table.

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