< Back to H.R. 915 (103rd Congress, 1993–1994)

Text of the Child Support Economic Security Act of 1993

This bill was introduced on February 16, 1993, in a previous session of Congress, but was not enacted. The text of the bill below is as of Feb 16, 1993 (Introduced).

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HR 915 IH

103d CONGRESS

1st Session

H. R. 915

To improve the collection of child support.

IN THE HOUSE OF REPRESENTATIVES

February 16, 1993

Mrs. SCHROEDER introduced the following bill; which was referred jointly to the Committees on Ways and Means and the Judiciary


A BILL

To improve the collection 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 Economic Security Act of 1993’.

TITLE I--CHILD SUPPORT ENFORCEMENT AMENDMENTS

SEC. 101. UNIFORM STATEWIDE CHILD SUPPORT ENFORCEMENT PROGRAM.

    Section 454(3) of the Social Security Act (42 U.S.C. 654(3)) is amended by striking ‘, which meets’ and all that follows and inserting ‘at the State level to administer the plan under rules that apply uniformly throughout the State;’.

SEC. 102. ACCESS OF STATE CHILD SUPPORT ENFORCEMENT AGENCY TO INFORMATION IN STATE DATA BASES.

    Section 466(a) of the Social Security Act (42 U.S.C. 666(a)) is amended by inserting after paragraph (10) the following:

      ‘(11) Procedures which ensure that the agency administering the plan under section 454 has on-line access to all information contained in any data base maintained by the State or any political subdivision of the State.’.

SEC. 103. CHILD SUPPORT PAYMENTS REQUIRED UNTIL CERTAIN EVENT OCCURS.

    Section 466(a) of the Social Security Act (42 U.S.C. 666(a)), as amended by section 102 of this Act, is amended by inserting after paragraph (11) the following:

      ‘(12)(A) Procedures which ensure that any court order, or order of an administrative process established under State law, for support or maintenance of a child, requires the payment of such support until the child--

        ‘(i) if not disabled--

          ‘(I) attains the age of 18 years;

          ‘(II) is graduated from secondary school or its equivalent, or, having been enrolled at such a school or equivalent, is no longer so enrolled at any such school or equivalent;

          ‘(III) marries; or

          ‘(IV) is emancipated by a court of competent jurisdiction; or

        ‘(ii) if disabled--

          ‘(I) marries; or

          ‘(II) is able to support himself or herself.

      ‘(B) For purposes of subparagraph (A), the term ‘disabled’ means having a severe, chronic disability which--

        ‘(i) is attributable to a mental or physical impairment, or combination of mental and physical impairments;

        ‘(ii) is likely to continue indefinitely;

        ‘(iii) results in substantial functional limitations in 3 or more of the following areas of major life activity:

          ‘(I) self-care;

          ‘(II) receptive and expressive language;

          ‘(III) learning;

          ‘(IV) mobility;

          ‘(V) capacity for independent living;

          ‘(VI) economic self-sufficiency; and

        ‘(iv) reflects the need for a combination of special, interdisciplinary, or generic care, treatment, or other services that are of lifelong or extended duration.’.

SEC. 104. REQUIREMENT THAT ALL INCOME BE SUBJECT TO WITHHOLDING TO MEET CHILD SUPPORT OBLIGATIONS.

    Section 466(a) of the Social Security Act (42 U.S.C. 666(a)), as amended by the preceding provisions of this Act, is amended by inserting after paragraph (12) the following:

      ‘(13)(A) Procedures which ensure that all income of an individual (other than benefits received through a Federal, State, or local program under which entitlement to benefits is based on the means of the beneficiary) is subject to withholding to meet the child support obligations of the individual.

      ‘(B) Procedures which require the agency responsible for the operation of any State lottery (in this subparagraph referred to as the ‘lottery agency’)--

        ‘(i) to inquire of the agency administering the plan under section 454 whether any person to whom the lottery agency is to directly pay lottery winnings owes overdue support;

        ‘(ii) to defer payment of the winnings until the lottery agency receives a response to the inquiry; and

        ‘(iii) if the person owes overdue support, to withhold from the payment of the winnings the amount of the overdue support.

      ‘(C) Procedures which require any insurer subject to regulation by the State--

        ‘(i) to inquire of the agency administering the plan under section 454 whether any person claiming benefits under a policy of insurance issued by the insurer owes overdue support;

        ‘(ii) to defer payment of such benefits until the insurer receives a response to the inquiry; and

        ‘(iii) if the person owes overdue support--

          ‘(I) to withhold from such benefits the amount of the overdue support; and

          ‘(II) to provide to the agency the amount withheld for payment to the individual owed the support.

      ‘(D) Procedures which prevent a State court from entering an order awarding the payment of money to any person, or accepting an agreement settling an action brought in the court that requires money to be paid to any person, until--

        ‘(i) the court has inquired of the agency administering the plan under section 454 whether the person owes overdue support, and has received a response to the inquiry; and

        ‘(ii) if the person owes overdue support, the person pays the amount of the overdue support.

      ‘(E) Procedures which prevent any agency of State or local government from recording a property transaction, until--

        ‘(i) the agency has inquired of the agency administering the plan under section 454 whether any party to the transaction owes overdue support, and has received a response to the inquiry; and

        ‘(ii) any such party--

          ‘(I) pays the amount of any overdue support; or

          ‘(II) demonstrates that the party has made a good faith effort--

            ‘(aa) to pay the support due for the month in which the transaction is sought to be recorded; and

            ‘(bb) to provide for the payment of the overdue support through regular, periodic payments.’.

SEC. 105. STATE LICENSES DENIED TO PARENTS WITH PAST DUE CHILD SUPPORT OBLIGATIONS.

    Section 466(a) of the Social Security Act (42 U.S.C. 666(a)), as amended by the preceding provisions of this Act, is amended by inserting after paragraph (13) the following:

      ‘(14) Procedures which prohibit the provision, renewal, or reissuance of any license, required under the law of the State or of any political subdivision thereof before engaging in conduct subject to the license, to any person the amount of whose overdue support exceeds $1,000, until the person demonstrates that the person has made a good faith effort--

        ‘(A) to pay the support due for the month in which the license was requested to be provided, renewed, or reissued; and

        ‘(B) to provide for the payment of the overdue support through regular, periodic payments.’.

SEC. 106. CERTAIN OVERDUE CHILD SUPPORT OBLIGATIONS REQUIRED TO BE REPORTED TO CONSUMER CREDIT REPORTING AGENCIES.

    Section 466(a)(7) of the Social Security Act (42 U.S.C. 666(a)(7)) is amended to read as follows:

      ‘(7) Procedures which ensure that the agency administering the plan under section 454--

        ‘(A) reports to the major consumer reporting agencies (as defined in section 603(f) of the Fair Credit Reporting Act) the amount of overdue support owed by an individual residing in the State if the amount of the delinquency exceeds the amount of child support payable by the individual on a monthly basis; and

        ‘(B) upon request of a consumer reporting agency, furnishes the consumer reporting agency information on the amount of overdue support owed by an individual residing in the State, for a fee equal to not more than the cost of furnishing the information;’.

SEC. 107. ELIMINATION OF STATUTES OF LIMITATIONS IN CHILD SUPPORT CASES.

    Section 466(a) of the Social Security Act (42 U.S.C. 666(a)), as amended by the preceding provisions of this Act, is amended by inserting after paragraph (14) the following:

      ‘(15) Procedures which ensure that there is no limit to the period in which any court order, or order of an administrative process established under State law, for support or maintenance of a child, may be enforced.’.

SEC. 108. REQUIREMENT THAT SOCIAL SECURITY NUMBERS APPEAR ON MARRIAGE LICENSES AND CHILD SUPPORT ORDERS.

    Section 466(a) of the Social Security Act (42 U.S.C. 666(a)), as amended by the preceding provisions of this Act, is amended by inserting after paragraph (15) the following:

      ‘(16) Procedures which ensure that, on each marriage license issued by the State, and in each court order, or order of an administrative process established under State law, for support or maintenance of a child, there appear the social security account numbers of each individual to whom the license is issued or upon whom the order imposes a support obligation.’.

SEC. 109. SEPARATE TREATMENT OF CASES ALLEGING NONSUPPORT AND CASES ALLEGING DENIAL OF VISITATION RIGHTS.

    Section 466(a) of the Social Security Act (42 U.S.C. 666(a)), as amended by the preceding provisions of this Act, is amended by inserting after paragraph (16) the following:

      ‘(17) Procedures which ensure that--

        ‘(A) conduct affecting the exercise of visitation rights under a court order, or an order of an administrative process established under State law, for support or maintenance of a child, shall be treated as irrelevant in any action brought to enforce the support provisions of the order; and

        ‘(B) the provision of, or failure to provide, support pursuant to such an order shall be treated as irrelevant in any action brought to enforce visitation rights under the order.’.

SEC. 110. TIMELY RESPONSE TO INTERSTATE LOCATE REQUESTS.

    Section 452(a) of the Social Security Act (42 U.S.C. 652(a)) is amended--

      (1) by striking ‘and’ at the end of paragraph (9);

      (2) by striking the period at the end of paragraph (10) and inserting ‘; and’; and

      (3) by adding at the end the following:

      ‘(11) in establishing standards under paragraph (1) for locating absent parents--

        ‘(A) not later than 1 year after the date of the enactment of this paragraph, prescribe deadlines by which States must respond to requests from other States for information, taking into account the state of available technology; and

        ‘(B) review and, if appropriate, revise such deadlines every 3 years taking into account the state of available technology.’.

SEC. 111. REGULATIONS FOR PROCESSING OF INTERSTATE CHILD SUPPORT CASES.

    Section 452 of the Social Security Act (42 U.S.C. 652) is amended by adding at the end the following:

    ‘(j) The Secretary shall issue regulations establishing standards and procedures governing the processing by States of cases involving the enforcement of child support obligations against parents in other States, including a deadline by which prosecutions must commence after the case first comes to the attention of the State, and a deadline by which such actions must be decided or dismissed.’.

SEC. 112. FINANCIAL INCENTIVES.

    (a) ONLY CHILD SUPPORT ENFORCEMENT FUNDS SUBJECT TO REDUCTION FOR SUBSTANTIAL NONCOMPLIANCE-

      (1) IN GENERAL- Subsection (h) of section 403 of such Act (42 U.S.C. 603(h)) is hereby transferred to section 455 of such Act, redesignated as subsection (f) of such section 455, and amended--

        (A) in paragraph (1)--

          (i) by striking ‘Act’ and inserting ‘part’;

          (ii) by striking ‘part D’ and inserting ‘this part’; and

          (iii) by striking ‘such part’ and inserting ‘this part’; and

        (B) in paragraph (3), by striking ‘this part’ and inserting ‘part A’.

      (2) CONFORMING AMENDMENTS-

        (A) Section 452(a)(4) of such Act (42 U.S.C. 652(a)(4)) is amended by striking ‘403(h)’ each place such term appears and inserting ‘455(f)’.

        (B) Subsections (d)(3)(A), (g)(1), and (g)(3)(A) of section 452 of such Act (42 U.S.C. 652) are each amended by striking ‘403(h)’ and inserting ‘455(f)’.

    (b) PAYMENTS TO STATES INCREASED-

      (1) IN GENERAL- Section 455(a) of such Act (42 U.S.C. 655(a)) is amended--

        (A) in paragraph (1)--

          (i) by striking ‘(a)(1)’ and inserting ‘(a)’; and

          (ii) in subparagraph (A), by striking ‘the percent specified in paragraph (2)’ and inserting ‘90 percent’; and

          (iii) in each of subparagraphs (B) and (C), by striking ‘(rather than the percentage specified in subparagraph (A))’;

        (B) by striking paragraph (2); and

        (C) by redesignating subparagraphs (A), (B), and (C) of paragraph (1) as paragraphs (1), (2), and (3), respectively.

      (2) CONFORMING AMENDMENTS- Paragraphs (1)(B), (2)(A), and (2)(B) of section 452(d) of such Act (42 U.S.C. 652(d)) are each amended by striking ‘455(a)(1)(B)’ and inserting ‘455(a)(2)’.

    (c) REPEAL OF INCENTIVE PAYMENTS TO STATES- Section 458 of such Act (42 U.S.C. 658) is hereby repealed.

SEC. 113. DEADLINE FOR ADOPTION OF UNIFORM INTERSTATE FAMILY SUPPORT ACT.

    Part D of title IV of the Social Security Act (42 U.S.C. 651-669) is amended by adding at the end the following:

‘SEC. 469A. ADOPTION OF UNIFORM INTERSTATE FAMILY SUPPORT ACT.

    ‘As a condition for the approval of any State plan under this part, the State must, not later than the effective date of this section, have in effect a law identical to the Uniform Interstate Family Support Act, in the form most recently adopted by the National Conference of Commissioners on Uniform State Laws before the enactment of this section.’.

SEC. 114. COMMISSION ON CHILD SUPPORT GUIDELINES.

    (a) ESTABLISHMENT- There is hereby established a commission to be known as the Commission on Child Support Guidelines (in this section referred to as the ‘Commission’).

    (b) APPLICABLE RULES- Subsection (b) (except the first sentence of paragraph (4) thereof), and subsections (c), (e), (f)(2), and (g), of section 126 of the Family Support Act (42 U.S.C. 666 note; Public Law 100-485) shall apply to the Commission in the same manner as such provisions apply to the Commission on Interstate Child Support.

    (c) QUALIFICATIONS- Each person with authority to make appointments to the Commission shall exercise the authority to ensure that the Commission includes--

      (1) persons with judicial or administrative experience in matters involving child support enforcement; and

      (2) representatives of organizations which represent custodial and noncustodial parents.

    (d) DUTY- Not later than 18 months after the last of the initial appointments to the Commission is made, the Commission shall submit to the Congress a report containing recommendations for national guidelines for child support award amounts, after consideration of the guidelines established by each State pursuant to section 467(a) of the Social Security Act.

    (e) TERMINATION- The Commission shall terminate 2 months after the date of submission of the report required by subsection (d).

    (f) EFFECTIVE DATE- This section shall take effect on the date of the enactment of this Act.

SEC. 115. EFFECTIVE DATE.

    Except as otherwise provided in this title (or in the amendments made by this title), the amendments made by this title shall take effect on the 1st day of the 12th calendar quarter beginning after the date of the enactment of this Act.

TITLE II--BANKRUPTCY AMENDMENTS RELATING TO CHILD SUPPORT, ALIMONY, AND PROPERTY SETTLEMENT AGREEMENTS

SEC. 201. EXCEPTIONS TO STAY.

    Section 362(b)(2) of title 11, United States Code, is amended to read as follows:

      ‘(2) under subsection (a) of this section--

        ‘(A) of the commencement or continuation of an action or proceeding for--

          ‘(i) the establishment of paternity; or

          ‘(ii) the establishment or modification of an order for alimony, maintenance, or support; or

        ‘(B) of the collection of--

          ‘(i) alimony, maintenance, or support from property that is not property of the estate; or

          ‘(ii) a debt of the kind specified in section 523(a)(5) of this title to a child of the debtor if the claim for such debt arises after the commencement of the case;’.

SEC. 202. PRIORITY.

    Section 507(a) of title 11, United States Code, is amended--

      (1) in paragraph (8) by striking ‘(8) Eighth’ and inserting ‘(9) Ninth’,

      (2) in paragraph (7) by striking ‘(7) Seventh’ and inserting ‘(8) Eighth’, and

      (3) by inserting after paragraph (6) the following:

      ‘(7) Seventh, allowed claims of the kind specified in section 523(a)(5) of this title.’.

SEC. 203. EXEMPTIONS.

    Section 522(f) of title 11, United States Code, is amended--

      (1) in paragraph (2)(C) by striking the period at the end and inserting a semicolon, and

      (2) by adding at the end the following:

    ‘and does not secure a claim for a debt of a kind specified in section 523(a)(5) of this title.’.

SEC. 204. EXCEPTION TO DISCHARGE.

    Section 523(a)(5) of title 11, United States Code, is amended to read as follows:

      ‘(5) to a spouse, former spouse, or child of the debtor--

        ‘(A) for alimony to, maintenance for, or support of such spouse or child, in connection with a separation agreement, divorce decree or other order of a court of record, determination made in accordance with State or territorial law by a governmental unit, or property settlement agreement, but not the extent that such debt includes a liability designated as alimony, maintenance, or support, unless such liability is actually in the nature of alimony, maintenance, or support; or

        ‘(B) for any liability under the terms of a property settlement agreement entered into in connection with a separation agreement or divorce decree;

      except to the extent such debt is assigned to another entity, voluntarily, by operation of law, or otherwise (other than debts assigned pursuant to section 402(a)(26) of the Social Security Act, or any such debt which has been assigned to the Federal Government or to a State or any political subdivision of such State).’.

SEC. 205. PREFERENCES.

      Section 547(c) of title 11, United States Code, is amended--

        (1) in paragraph (6) by striking ‘or’ at the end,

        (2) by redesignating paragraph (7) as paragraph (8), and

        (3) by inserting after paragraph (6) the following:

      ‘(7) to the extent such transfer was a bona fide payment of a debt of a kind specified in section 523(a)(5) of this title; or’.

SEC. 206. PROPERTY OF THE ESTATE.

    (a) PROPERTY UNDER CHAPTER 12- Paragraphs (1) and (2) of section 1207(a) of title 11, United States Code, are amended by striking ‘but’ and all that follows through ‘first’, and inserting the following:

      ‘until the plan is confirmed, except that such property as is necessary to fund the plan and is specified in the plan or order confirming the plan shall remain property of the estate’.

    (b) PROPERTY UNDER CHAPTER 13- Paragraphs (1) and (2) of section 1306(a) of title 11, United States Code, are amended by striking ‘but’ and all that follows through ‘first’, and inserting the following:

      ‘until the plan is confirmed, except that such property as is necessary to fund the plan and is specified in the plan or order confirming the plan shall remain property of the estate’.

SEC. 207. CONFIRMATION OF PLAN.

    (a) CONFIRMATION UNDER CHAPTER 12- Section 1225(a) of title 11, United States Code, is amended--

      (1) in paragraph (5) by striking ‘and’ at the end,

      (2) by redesignating paragraph (6) as paragraph (7), and

      (3) by inserting after paragraph (5) the following:

      ‘(6) the debtor has paid all allowable claims arising after the order for relief for debts of the kinds specified in section 523(a)(5) of this title; and’.

    (b) CONFIRMATION UNDER CHAPTER 13- Section 1325(a) of title 11, United States Code, is amended--

      (1) in paragraph (5)(C) by striking ‘and’ at the end,

      (2) by redesignating paragraph (6) as paragraph (7), and

      (3) by inserting after paragraph (5) the following:

      ‘(6) the debtor has paid all allowable claims arising after the order for relief for debts of the kinds specified in section 523(a)(5) of this title; and’.

SEC. 208. EXEMPTION.

    Representatives of child support creditors shall be permitted to appear and intervene without charge, and without meeting any special local court rule requirement for attorney appearances, in any bankruptcy proceeding in any bankruptcy court or district court of the United States if such representatives file a form in such court that contains information detailing the child support debt, its status, and other characteristics.

SEC. 209. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.

    (a) EFFECTIVE DATE- Except as provided in subsection (b), this title and the amendments made by this title shall take effect on the date of the enactment of this Act.

    (b) APPLICATION OF AMENDMENTS- The amendments made by this title shall not apply with respect to cases commenced under title 11 of the United States Code before the date of the enactment of this Act.