I

103D CONGRESS

2D SESSION H. R. 5140

To provide for improved procedures for the enforcement of child support

obligations of members of the Armed Forces.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 30, 1994

Mr. SKELTON (for himself, Mr. DELLUMS, Mr. KYL, Mrs. SCHROEDER, Ms.

HARMAN, Mrs. LLOYD, Mrs. FOWLER, Ms. FURSE, Mr. PICKETT, Mr.

LANCASTER, Mr. RAVENEL, Mr. FARR of California, Mr. BUYER, and Mr.

UNDERWOOD) introduced the following bill; which was referred to the

Committee on Armed Services

A BILL

To provide for improved procedures for the enforcement of

child support obligations of members of the Armed Forces.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. ENFORCEMENT OF CHILD SUPPORT OBLIGA4 TIONS OF MEMBERS OF THE ARMED FORCES.

5 (a) AVAILABILITY OF LOCATOR INFORMATION.—

6 (1) MAINTENANCE OF ADDRESS INFORMA7 TION.—The Secretary of Defense shall establish a

8 centralized personnel locator service that includes

9 the address of each member of the Armed Forces
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1 under the jurisdiction of the Secretary. Upon re2 quest of the Secretary of Transportation, addresses

3 for members of the Coast Guard shall be included in

4 the centralized personnel locator service.

5 (2) TYPE OF ADDRESS.—

6 (A) RESIDENTIAL ADDRESS.—Except as

7 provided in subparagraph (B), the address for

8 a member of the Armed Forces shown in the lo9 cator service shall be the residential address of

10 that member.

11 (B) DUTY ADDRESS.—The address for a

12 member of the Armed Forces shown in the loca13 tor service shall be the duty address of that

14 member in the case of a member—

15 (i) who is permanently assigned over16 seas, to a vessel, or to a routinely

17 deployable unit; or

18 (ii) with respect to whom the Sec19 retary concerned makes a determination

20 that the member’s residential address

21 should not be disclosed due to national se22 curity or safety concerns.

23 (3) UPDATING OF LOCATOR INFORMATION.—

24 Within 30 days after a member listed in the locator

25 service establishes a new residential address (or a
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1 new duty address, in the case of a member covered

2 by paragraph (2)(B)), the Secretary concerned shall

3 update the locator service to indicate the new ad4 dress of the member.

5 (4) AVAILABILITY OF INFORMATION.—The Sec6 retary of Defense shall make information regarding

7 the address of a member of the Armed Forces listed

8 in the locator service available, on request, to the

9 Federal Parent Locator Service.

10 (b) FACILITATING GRANTING OF LEAVE FOR AT11 TENDANCE AT HEARINGS.—

12 (1) REGULATIONS.—The Secretary of each

13 military department, and the Secretary of Transpor14 tation with respect to the Coast Guard when it is

15 not operating as a service in the Navy, shall pre16 scribe regulations to facilitate the granting of leave

17 to a member of the Armed Forces under the juris18 diction of that Secretary in a case in which—

19 (A) the leave is needed for the member to

20 attend a court hearing described in paragraph

21 (2);

22 (B) the member is not serving in or with

23 a unit deployed in a contingency operation (as

24 defined in section 101 of title 10, United States

25 Code); and
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1 (C) the exigencies of military service (as

2 determined by the Secretary concerned) do not

3 otherwise require that such leave not be

4 granted.

5 (2) COVERED COURT HEARINGS.—Paragraph

6 (1) applies to a court hearing that is conducted in

7 connection with a civil action—

8 (A) to determine whether a member of the

9 Armed Forces is a natural parent of a child; or

10 (B) to determine an obligation of a mem11 ber of the Armed Forces to provide child sup12 port.

13 (3) DEFINITIONS.—For purposes of this sub14 section:

15 (A) The term ‘‘court’’ has the meaning

16 given that term in section 1408(a) of title 10,

17 United States Code.

18 (B) The term ‘‘child support’’ has the

19 meaning given such term in section 462 of the

20 Social Security Act (42 U.S.C. 662).

21 (c) PAYMENT OF MILITARY RETIRED PAY IN COM22 PLIANCE WITH COURT ORDERS.—

23 (1) DATE OF CERTIFICATION OF COURT

24 ORDER.—Section 1408 of title 10, United States

25 Code, is amended—
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1 (A) by redesignating subsection (i) as sub2 section (j); and

3 (B) by inserting after subsection (h) the

4 following new subsection (i):

5 ‘‘(i) CERTIFICATION DATE.—It is not necessary that

6 the date of a certification of the authenticity or complete7 ness of a copy of a court order for child support received

8 by the Secretary concerned for the purposes of this section

9 be recent in relation to the date of receipt by the Sec10 retary.’’.

11 (2) PAYMENTS CONSISTENT WITH ASSIGN12 MENTS OF RIGHTS TO STATES.—Subsection (d)(1)

13 of such section is amended by inserting after the

14 first sentence the following: ‘‘In the case of a spouse

15 or former spouse who, pursuant to section

16 402(a)(26) of the Social Security Act (42 U.S.C.

17 602(26)), assigns to a State the rights of the spouse

18 or former spouse to receive support, the Secretary

19 concerned may make the child support payments re20 ferred to in the preceding sentence to that State in

21 amounts consistent with that assignment of rights.’’.

22 (3) ARREARAGES OWED BY MEMBERS OF THE

23 UNIFORMED SERVICES.—Section 1408(d) of title 10,

24 United States Code, is amended by adding at the

25 end the following new paragraph:
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1 ‘‘(6) In the case of a court order for which effective

2 service is made on the Secretary concerned on or after

3 the date of the enactment of this paragraph and which

4 provides for payments from the disposable retired pay of

5 a member to satisy the amount of child support set forth

6 in the court order, the authority provided in paragraph

7 (1) to make payments from the disposable retired pay of

8 a member to satisy the amount of child support set forth

9 in a court order shall apply to payment of any amount

10 of child support arrearages set forth in that court order

11 as well as to amounts of child support that currently be12 come due.’’.

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