H. R. 3734—143
(A) by striking ‘‘and’’ at the end of subparagraph (B);
(B) by striking the period at the end of subparagraph
(C) and inserting ‘‘; and’’; and
(C) by adding after subparagraph (C) the following
new subparagraph:
‘‘(D) any administrative or judicial tribunal of a State
competent to enter orders for support or maintenance
(including a State agency administering a program under
a State plan approved under part D of title IV of the
Social Security Act), and, for purposes of this subparagraph,
the term ‘State’ includes the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam,
and American Samoa.’’.
(2) DEFINITION
OF
COURT
ORDER.—Section 1408(a)(2) of
such title is amended—
(A) by inserting ‘‘or a support order, as defined in
section 453(p) of the Social Security Act (42 U.S.C. 653(p)),’’
before ‘‘which—’’;
(B) in subparagraph (B)(i), by striking ‘‘(as defined
in section 462(b) of the Social Security Act (42 U.S.C.
662(b)))’’ and inserting ‘‘(as defined in section 459(i)(2) of
the Social Security Act (42 U.S.C. 659(i)(2)))’’; and
(C) in subparagraph (B)(ii), by striking ‘‘(as defined
in section 462(c) of the Social Security Act (42 U.S.C.
662(c)))’’ and inserting ‘‘(as defined in section 459(i)(3) of
the Social Security Act (42 U.S.C. 659(i)(3)))’’.
(3) PUBLIC
PAYEE.—Section 1408(d) of such title is
amended—
(A) in the heading, by inserting ‘‘(OR
FOR BENEFIT
OF)’’ before ‘‘SPOUSE OR’’; and
(B) in paragraph (1), in the first sentence, by inserting
‘‘(or for the benefit of such spouse or former spouse to
a State disbursement unit established pursuant to section
454B of the Social Security Act or other public payee des-
ignated by a State, in accordance with part D of title
IV of the Social Security Act, as directed by court order,
or as otherwise directed in accordance with such part D)’’
before ‘‘in an amount sufficient’’.
(4) RELATIONSHIP TO PART D OF TITLE IV.—Section 1408
of such title is amended by adding at the end the following
new subsection:
‘‘(j) RELATIONSHIP TO OTHER LAWS.—In any case involving an
order providing for payment of child support (as defined in section
459(i)(2) of the Social Security Act) by a member who has never
been married to the other parent of the child, the provisions of
this section shall not apply, and the case shall be subject to the
provisions of section 459 of such Act.’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall become effective 6 months after the date of the enactment
of this Act.
SEC. 363. ENFORCEMENT OF CHILD SUPPORT OBLIGATIONS OF
MEMBERS OF THE ARMED FORCES.
(a) AVAILABILITY OF LOCATOR INFORMATION.—
(1) MAINTENANCE
OF
ADDRESS
INFORMATION.—The Sec-
retary of Defense shall establish a centralized personnel locator
service that includes the address of each member of the Armed
H. R. 3734—144
Forces under the jurisdiction of the Secretary. Upon request
of the Secretary of Transportation, addresses for members of
the Coast Guard shall be included in the centralized personnel
locator service.
(2) TYPE OF ADDRESS.—
(A) RESIDENTIAL
ADDRESS.—Except as provided in
subparagraph (B), the address for a member of the Armed
Forces shown in the locator service shall be the residential
address of that member.
(B) DUTY ADDRESS.—The address for a member of the
Armed Forces shown in the locator service shall be the
duty address of that member in the case of a member—
(i) who is permanently assigned overseas, to a
vessel, or to a routinely deployable unit; or
(ii) with respect to whom the Secretary concerned
makes a determination that the member’s residential
address should not be disclosed due to national security
or safety concerns.
(3) UPDATING OF LOCATOR INFORMATION.—Within 30 days
after a member listed in the locator service establishes a new
residential address (or a new duty address, in the case of
a member covered by paragraph (2)(B)), the Secretary concerned
shall update the locator service to indicate the new address
of the member.
(4) AVAILABILITY
OF
INFORMATION.—The Secretary of
Defense shall make information regarding the address of a
member of the Armed Forces listed in the locator service avail-
able, on request, to the Federal Parent Locator Service estab-
lished under section 453 of the Social Security Act.
(b) FACILITATING GRANTING
OF LEAVE
FOR ATTENDANCE
AT
HEARINGS.—
(1) REGULATIONS.—The Secretary of each military depart-
ment, and the Secretary of Transportation with respect to the
Coast Guard when it is not operating as a service in the
Navy, shall prescribe regulations to facilitate the granting of
leave to a member of the Armed Forces under the jurisdiction
of that Secretary in a case in which—
(A) the leave is needed for the member to attend a
hearing described in paragraph (2);
(B) the member is not serving in or with a unit
deployed in a contingency operation (as defined in section
101 of title 10, United States Code); and
(C) the exigencies of military service (as determined
by the Secretary concerned) do not otherwise require that
such leave not be granted.
(2) COVERED HEARINGS.—Paragraph (1) applies to a hearing
that is conducted by a court or pursuant to an administrative
process established under State law, in connection with a civil
action—
(A) to determine whether a member of the Armed
Forces is a natural parent of a child; or
(B) to determine an obligation of a member of the
Armed Forces to provide child support.
(3) DEFINITIONS.—For purposes of this subsection—
(A) The term ‘‘court’’ has the meaning given that term
in section 1408(a) of title 10, United States Code.
H. R. 3734—145
(B) The term ‘‘child support’’ has the meaning given
such term in section 459(i) of the Social Security Act (42
U.S.C. 659(i)).
(c) PAYMENT OF MILITARY RETIRED PAY IN COMPLIANCE WITH
CHILD SUPPORT ORDERS.—
(1) DATE
OF
CERTIFICATION
OF
COURT
ORDER.—Section
1408 of title 10, United States Code, as amended by section
362(c)(4) of this Act, is amended—
(A) by redesignating subsections (i) and (j) as sub-
sections (j) and (k), respectively; and
(B) by inserting after subsection (h) the following new
subsection:
‘‘(i) CERTIFICATION
DATE.—It is not necessary that the
date of a certification of the authenticity or completeness of a
copy of a court order for child support received by the Secretary
concerned for the purposes of this section be recent in relation
to the date of receipt by the Secretary.’’.
(2) PAYMENTS CONSISTENT WITH ASSIGNMENTS OF RIGHTS
TO
STATES.—Section 1408(d)(1) of such title is amended by
inserting after the first sentence the following new sentence:
‘‘In the case of a spouse or former spouse who, pursuant to
section 408(a)(3) of the Social Security Act (42 U.S.C. 608(a)(4)),
assigns to a State the rights of the spouse or former spouse
to receive support, the Secretary concerned may make the
child support payments referred to in the preceding sentence
to that State in amounts consistent with that assignment of
rights.’’.
(3) ARREARAGES
OWED
BY
MEMBERS
OF
THE
UNIFORMED
SERVICES.—Section 1408(d) of such title is amended by adding
at the end the following new paragraph:
‘‘(6) In the case of a court order for which effective service
is made on the Secretary concerned on or after the date of the
enactment of this paragraph and which provides for payments
from the disposable retired pay of a member to satisfy the amount
of child support set forth in the order, the authority provided
in paragraph (1) to make payments from the disposable retired
pay of a member to satisfy the amount of child support set forth
in a court order shall apply to payment of any amount of child
support arrearages set forth in that order as well as to amounts
of child support that currently become due.’’.
(4) PAYROLL DEDUCTIONS.—The Secretary of Defense shall
begin payroll deductions within 30 days after receiving notice
of withholding, or for the first pay period that begins after
such 30-day period.
SEC. 364. VOIDING OF FRAUDULENT TRANSFERS.
Section 466 (42 U.S.C. 666), as amended by section 321 of
this Act, is amended by adding at the end the following new
subsection:
‘‘(g) LAWS
VOIDING
FRAUDULENT
TRANSFERS.—In order to
satisfy section 454(20)(A), each State must have in effect—
‘‘(1)(A) the Uniform Fraudulent Conveyance Act of 1981;
‘‘(B) the Uniform Fraudulent Transfer Act of 1984; or
‘‘(C) another law, specifying indicia of fraud which create
a prima facie case that a debtor transferred income or property
to avoid payment to a child support creditor, which the
H. R. 3734—146
Secretary finds affords comparable rights to child support credi-
tors; and
‘‘(2) procedures under which, in any case in which the
State knows of a transfer by a child support debtor with respect
to which such a prima facie case is established, the State
must—
‘‘(A) seek to void such transfer; or
‘‘(B) obtain a settlement in the best interests of the
child support creditor.’’.
SEC. 365. WORK REQUIREMENT FOR PERSONS OWING PAST-DUE CHILD
SUPPORT.
(a) IN GENERAL.—Section 466(a) (42 U.S.C. 666(a)), as amended
by sections 315, 317, and 323 of this Act, is amended by inserting
after paragraph (14) the following new paragraph:
‘‘(15) PROCEDURES TO ENSURE THAT PERSONS OWING PAST-
DUE SUPPORT WORK OR HAVE A PLAN FOR PAYMENT OF SUCH
SUPPORT.—
‘‘(A) IN GENERAL.—Procedures under which the State
has the authority, in any case in which an individual
owes past-due support with respect to a child receiving
assistance under a State program funded under part A,
to issue an order or to request that a court or an adminis-
trative process established pursuant to State law issue
an order that requires the individual to—
‘‘(i) pay such support in accordance with a plan
approved by the court, or, at the option of the State,
a plan approved by the State agency administering
the State program under this part; or
‘‘(ii) if the individual is subject to such a plan
and is not incapacitated, participate in such work
activities (as defined in section 407(d)) as the court,
or, at the option of the State, the State agency admin-
istering the State program under this part, deems
appropriate.
‘‘(B) PAST-DUE
SUPPORT
DEFINED.—For purposes of
subparagraph (A), the term ‘past-due support’ means the
amount of a delinquency, determined under a court order,
or an order of an administrative process established under
State law, for support and maintenance of a child, or of
a child and the parent with whom the child is living.’’.
(b) CONFORMING AMENDMENT.—The flush paragraph at the end
of section 466(a) (42 U.S.C. 666(a)) is amended by striking ‘‘and
(7)’’ and inserting ‘‘(7), and (15)’’.
SEC. 366. DEFINITION OF SUPPORT ORDER.
Section 453 (42 U.S.C. 653) as amended by sections 316 and
345(b) of this Act, is amended by adding at the end the following
new subsection:
‘‘(p) SUPPORT ORDER DEFINED.—As used in this part, the term
‘support order’ means a judgment, decree, or order, whether tem-
porary, final, or subject to modification, issued by a court or an
administrative agency of competent jurisdiction, for the support
and maintenance of a child, including a child who has attained
the age of majority under the law of the issuing State, or a child
and the parent with whom the child is living, which provides
for monetary support, health care, arrearages, or reimbursement,