Ensuring Children Receive Support Act
The act makes passport revocation mandatory for noncustodial parents with over $2,500 in past-due child support, with a narrow emergency return exception.
The act makes passport revocation mandatory for noncustodial parents with over $2,500 in past-due child support, with a narrow emergency return exception.
Purpose
- To strengthen child support enforcement by mandating revocation of U.S. passports for certain noncustodial parents with substantial past-due child support obligations.
- Provides a limited exception to permit a temporary passport in emergencies for individuals abroad who need to return to the United States.
Key Provisions
1) Short Title
- Described as the Ensuring Children Receive Support Act.
2) Passport Revocation for Arrearages Over $2,500
- Amends Section 452(k) of the Social Security Act (42 U.S.C. 652(k)).
- Paragraph (1): Removes discretionary language allowing revocation, restriction, or limitation; replaces with a requirement of revocation.
- Paragraph (2): Replaces discretionary “may revoke, restrict, or limit” with a mandatory “revoke” action, and requires that the government notify the individual of the intent to revoke.
- Effect: If a state-certified noncustodial parent owes more than $2,500 in past-due child support, the Secretary of State will revoke any passport already issued to that individual upon certification.
3) Temporary Emergency Passport Exception
- Despite the mandatory revocation framework, the bill authorizes the Department of State to issue a temporary passport for emergencies to individuals abroad who must return to the U.S.
- The temporary passport is strictly limited to return travel and is temporary in duration.
4) Effective Date
- The amendments take effect on October 1, 2026.
5) Administrative and Legal Context
- The accompanying committee report notes:
- Current law requires denial of a new passport for those with over $2,500 in arrears and allows, but does not require, revocation or limitation of issued passports.
- The Passport Denial Program is a tool used by states to enforce child support obligations.
- The bill aims to standardize and strengthen enforcement by removing discretion in passport revocation.
- The Congressional Budget Office (CBO) estimates:
- The bill would not significantly change overall budget authority or tax expenditures.
- It would not materially increase child support collections retained by the federal government, nor significantly affect passport fee collections.
What Is Affected
- Noncustodial parents who owe more than $2,500 in past-due child support and have an issued U.S. passport.
- U.S. Department of State (passport issuance/ revocation actions) and Department of Health and Human Services (certification of arrearages to State agencies).
- State child support agencies (certifications of arrearages triggering federal action).
Procedural/Timeline Aspects
- Legislative history indicates committee consideration and amendment, with favorable reporting by the House Committee on Ways and Means (January 14, 2026) and passage by the House under suspension of the rules (April 27, 2026).
- The bill was transmitted to the Senate and referred to the Senate Finance Committee (Action History shows 2026-04-28 in the Senate).
Background and Rationale
- The bill relies on the existing Passport Denial Program and seeks to convert discretionary actions into a mandatory revocation framework to reinforce compliance with child support obligations.
- It acknowledges practical scenarios where individuals abroad may need a temporary emergency passport solely to return to the U.S.
Notes
- The bill includes a dissenting views section in the House report expressing concern about mandatory revocation, potential hardship, and questions about whether passport revocation is the most effective or fair enforcement tool for all noncustodial parents.
Overall Impact
- Aimed at increasing enforcement of child support by removing discretion in passport revocation for substantial arrearages, while preserving a narrowly scoped emergency travel exception.
- Fiscal impact appears limited according to CBO, with no new budget authority or tax expenditures introduced.
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