42 U.S.C. § 659a — International support enforcement

submitted 91 years ago by Pub. L. 104-193 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 647 words · no verdicts yet

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The Secretary of State, with the Secretary of Health and Human Services' agreement, may recognize and revoke recognition of foreign countries that meet support-enforcement standards. The section establishes required procedures, a United States Central Authority, and key terms.

(a) Authority for declarations. (1) The Secretary of State, with the Secretary of Health and Human Services' agreement, may declare a foreign country or political subdivision a foreign reciprocating country if it has, or will establish, procedures for establishing and enforcing support duties owed to people living in the United States, and those procedures substantially meet subsection (b)'s standards. (2) The Secretaries may revoke the declaration if (A) the procedures changed or are being implemented so poorly that they no longer meet the criteria, or (B) continuing the declaration is inconsistent with this part's purposes. (3) The declaration may be an international agreement, connected to one or a corresponding foreign declaration, or unilateral. (b) Standards. (1) Required elements. The foreign country must have procedures available to United States residents for: (A)(i) establishing parentage and support orders for children and custodial parents; and (ii) enforcing those orders, including collecting and properly distributing payments; (B) providing those procedures, including legal and administrative help, at no cost to United States residents; and (C) designating a Central Authority to (i) facilitate cases involving residents of that country and the United States and (ii) ensure compliance with these standards. (2) The two Secretaries, consulting the States, may set additional standards needed for this section's purposes. (c) United States Central Authority. The Secretary of Health and Human Services must facilitate cases between United States residents and residents of foreign reciprocating or treaty countries, including by (1) developing uniform forms and procedures; (2) notifying those countries of the State where people sought for enforcement live, using Federal Parent Locator Service information; and (3) providing other oversight, help, and coordination the Secretary considers necessary and appropriate. (d) Other laws. States may make reciprocal support-enforcement arrangements with countries that are neither foreign reciprocating nor treaty countries, as Federal law permits. (e) References. (1) A “foreign reciprocating country” is one declared under subsection (a). (2) A “foreign treaty country” is one where the 2007 Family Maintenance Convention is in force. (3) The “2007 Family Maintenance Convention” means the Hague Convention of November 23, 2007, on International Recovery of Child Support and Other Forms of Family Maintenance.

the actual law source: uscode.house.gov ↗public domain

(a) Authority for declarations

(1) Declaration

The Secretary of State, with the concurrence of the Secretary of Health and Human Services, is authorized to declare any foreign country (or a political subdivision thereof) to be a foreign reciprocating country if the foreign country has established, or undertakes to establish, procedures for the establishment and enforcement of duties of support owed to obligees who are residents of the United States, and such procedures are substantially in conformity with the standards prescribed under subsection (b).

(2) Revocation

A declaration with respect to a foreign country made pursuant to paragraph (1) may be revoked if the Secretaries of State and Health and Human Services determine that—

(A)

the procedures established by the foreign country regarding the establishment and enforcement of duties of support have been so changed, or the foreign country’s implementation of such procedures is so unsatisfactory, that such procedures do not meet the criteria for such a declaration; or

(B)

continued operation of the declaration is not consistent with the purposes of this part.

(3) Form of declaration

A declaration under paragraph (1) may be made in the form of an international agreement, in connection with an international agreement or corresponding foreign declaration, or on a unilateral basis.

(b) Standards for foreign support enforcement procedures

(1) Mandatory elements

Support enforcement procedures of a foreign country which may be the subject of a declaration pursuant to subsection (a)(1) shall include the following elements:

(A)

The foreign country (or political subdivision thereof) has in effect procedures, available to residents of the United States—

(i)

for establishment of paternity, and for establishment of orders of support for children and custodial parents; and

(ii)

for enforcement of orders to provide support to children and custodial parents, including procedures for collection and appropriate distribution of support payments under such orders.

(B)

The procedures described in subparagraph (A), including legal and administrative assistance, are provided to residents of the United States at no cost.

(C)

An agency of the foreign country is designated as a Central Authority responsible for—

(i)

facilitating support enforcement in cases involving residents of the foreign country and residents of the United States; and

(ii)

ensuring compliance with the standards established pursuant to this subsection.

(2) Additional elements

The Secretary of Health and Human Services and the Secretary of State, in consultation with the States, may establish such additional standards as may be considered necessary to further the purposes of this section.

It shall be the responsibility of the Secretary of Health and Human Services to facilitate support enforcement in cases involving residents of the United States and residents of foreign reciprocating countries or foreign treaty countries, by activities including—

(1)

development of uniform forms and procedures for use in such cases;

(2)

notification of foreign reciprocating countries and foreign treaty countries of the State of residence of individuals sought for support enforcement purposes, on the basis of information provided by the Federal Parent Locator Service; and

(3)

such other oversight, assistance, and coordination activities as the Secretary may find necessary and appropriate.

(d) Effect on other laws

States may enter into reciprocal arrangements for the establishment and enforcement of support obligations with foreign countries that are not foreign reciprocating countries or foreign treaty countries, to the extent consistent with Federal law.

(e) References

In this part:

(1) Foreign reciprocating country

The term “foreign reciprocating country” means a foreign country (or political subdivision thereof) with respect to which the Secretary has made a declaration pursuant to subsection (a).

(2) Foreign treaty country

The term “foreign treaty country” means a foreign country for which the 2007 Family Maintenance Convention is in force.

(3) 2007 Family Maintenance Convention

The term “2007 Family Maintenance Convention” means the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance.

Source credit: (Aug. 14, 1935, ch. 531, title IV, § 459A, as added Pub. L. 104–193, title III, § 371(a), Aug. 22, 1996, 110 Stat. 2252; amended Pub. L. 113–183, title III, § 301(d), Sept. 29, 2014, 128 Stat. 1944.)

history & why it existsrecord from the source credit

1935Enacted · Pub. L. 104-193 · 110 Stat. 2252
2014Amended · Pub. L. 113-183 · 128 Stat. 1944

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-193 on 1935-08-14.

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