|
42 U.S.C. § 652(k) is a United States law sometimes requires the denial or revocation of passports for individuals who are fail to pay child support. The law was enacted as part of the Personal Responsibility and Work Opportunity Act in 1996. __FORCETOC__ == Legislative history == In 1996 the United States Congress passed the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA). Congress sought to eliminate entitlements, or cash welfare, to individuals that were dispersed as part of Title IV-A of the Social Security Act. Instead, Congress preferred block grants be dispersed to states as part of a program it called ''TANF'' or Temporary Assistance to Needy Families. According to the House Ways and Means Committee (Report 104-15), "The major goal of Public Law 104–193 is to reduce the length of welfare spells by attacking dependency while simultaneously preserving the function of welfare as a safety net for families experiencing temporary financial problems." As part of this effort, Congress attempted to improve child support collection rates with the hope that single parent families would move off welfare rolls and remain self-sufficient. According to the Conference Report (Report 104-725) "It is the sense of the Senate that — (a) States should diligently continue their efforts to enforce child support payments by the non-custodial parent to the custodial parent, regardless of the employment status or location of the non-custodial parent."〔(【引用サイトリンク】title=H. Report 104-725 )〕 The reformed child support program pursued five major goals: automating many child support enforcement procedures; establishing uniform tracking procedures; strengthening interstate child support enforcement; requiring states to adopt stronger measures to establish paternity; and creating stronger enforcement tools to increase child support collections. Congress designed the law to encourage states to have similar child support laws, to help states share information through the Federal child support office, to process routine information, and to handle interstate cases quickly. Section III (Child Support), Subtitle G (Enforcement of Child Support) contained 14 enforcement measures to improve the collection of child support, including Denial of Passports for Nonpayment of Child Support in Section 370. Under Section 370, 42 U.S.C. § 652(k)(2) was amended so that the "Secretary of State shall, upon certification by the Secretary transmitted under paragraph (1), refuse to issue a passport to such individual, and may revoke, restrict, or limit a passport issued previously to such individual." None of three committee reports on record commented on the rationale for making passport revocation, restriction or limitation discretionary by using the word "may." The State Department adopted a policy of refusing to issue passports to individuals whose child support payments were $5,000 ($2500.00 in Ca) or more in arrears, but it did not have the resources to revoke the existing passports of such individuals.〔Weinstein v. Albright, (261 F.3d 127 ) (2001) at 138〕 An individual had to apply for "new passport services" to come to the attention of the State Department. "New services" also included services such as the addition of pages to a passport. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「42 U.S.C. § 652(k)」の詳細全文を読む スポンサード リンク
|