H. R. 2491—806
United States Postal Service, the Postal Rate Commission, any
Federal corporation created by an Act of Congress that is wholly
owned by the Federal Government, and the governments of
the territories and possessions of the United States.
‘‘(2) CHILD SUPPORT.—The term ‘child support’, when used
in reference to the legal obligations of an individual to provide
such support, means amounts required to be paid under a
judgment, decree, or order, whether temporary, 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, and which
may include other related costs and fees, interest and penalties,
income withholding, attorney’s fees, and other relief.
‘‘(3) ALIMONY.—
‘‘(A) IN GENERAL.—The term ‘alimony’, when used in
reference to the legal obligations of an individual to provide
the same, means periodic payments of funds for the support
and maintenance of the spouse (or former spouse) of the
individual, and (subject to and in accordance with State
law) includes separate maintenance, alimony pendente lite,
maintenance, and spousal support, and includes attorney’s
fees, interest, and court costs when and to the extent
that the same are expressly made recoverable as such
pursuant to a decree, order, or judgment issued in accord-
ance with applicable State law by a court of competent
jurisdiction.
‘‘(B) EXCEPTIONS.—Such term does not include—
‘‘(i) any child support; or
‘‘(ii) any payment or transfer of property or its
value by an individual to the spouse or a former spouse
of the individual in compliance with any community
property settlement, equitable distribution of property,
or other division of property between spouses or former
spouses.
‘‘(4) PRIVATE
PERSON.—The term ‘private person’ means
a person who does not have sovereign or other special immunity
or privilege which causes the person not to be subject to legal
process.
‘‘(5) LEGAL PROCESS.—The term ‘legal process’ means any
writ, order, summons, or other similar process in the nature
of garnishment—
‘‘(A) which is issued by—
‘‘(i) a court or an administrative agency of com-
petent jurisdiction in any State, territory, or possession
of the United States;
‘‘(ii) a court or an administrative agency of com-
petent jurisdiction in any foreign country with which
the United States has entered into an agreement which
requires the United States to honor the process; or
‘‘(iii) an authorized official pursuant to an order
of such a court or an administrative agency of com-
petent jurisdiction or pursuant to State or local law;
and
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‘‘(B) which is directed to, and the purpose of which
is to compel, a governmental entity which holds moneys
which are otherwise payable to an individual to make
a payment from the moneys to another party in order
to satisfy a legal obligation of the individual to provide
child support or make alimony payments.’’.
(b) CONFORMING AMENDMENTS.—
(1) TO
PART
D
OF
TITLE
IV.—Sections 461 and 462 (42
U.S.C. 661 and 662) are repealed.
(2) TO TITLE 5, UNITED STATES CODE.—Section 5520a of
title 5, United States Code, is amended, in subsections (h)(2)
and (i), by striking ‘‘sections 459, 461, and 462 of the Social
Security Act (42 U.S.C. 659, 661, and 662)’’ and inserting ‘‘sec-
tion 459 of the Social Security Act (42 U.S.C. 659)’’.
(c) MILITARY RETIRED AND RETAINER PAY.—
(1) DEFINITION OF COURT.—Section 1408(a)(1) of title 10,
United States Code, is amended—
(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. 662(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. 662(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 1st 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’’.
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(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. 12363. ENFORCEMENT OF CHILD SUPPORT OBLIGATIONS OF MEM-
BERS 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
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—
H. R. 2491—809
(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.
(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 con-
cerned 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 1st sentence the following new sentence:
‘‘In the case of a spouse or former spouse who, pursuant to
section 407(a)(4) of the Social Security Act (42 U.S.C. 607(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