§ 659a International support enforcement · 115-89

§ 659a.

International support enforcement

(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.

(c)

Designation of United States Central Authority

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

(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.)

Notes

Amendments

2014—Subsec. (c). Pub. L. 113–183, § 301(d)(2)(A), substituted “foreign reciprocating countries or foreign treaty countries” for “foreign countries that are the subject of a declaration under this section” in introductory provisions.

Subsec. (c)(2). Pub. L. 113–183, § 301(d)(2)(B), inserted “and foreign treaty countries” after “foreign reciprocating countries”.

Subsec. (d). Pub. L. 113–183, § 301(d)(3), substituted “foreign reciprocating countries or foreign treaty countries” for “the subject of a declaration pursuant to subsection (a)”.

Subsec. (e). Pub. L. 113–183, § 301(d)(1), added subsec. (e).

Effective Date

For effective date of section, see section 395(a)–(c) of Pub. L. 104–193, set out as an Effective Date of 1996 Amendment note under section 654 of this title.

Ex. Ord. No. 13752. Relating to the Implementation of the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance

Ex. Ord. No. 13752,

Dec. 8, 2016

, 81 F.R. 90181, provided:

The United States of America deposited its instrument of ratification of the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance (Convention) on

September 7, 2016

. The Convention will enter into force for the United States on

January 1, 2017

. Article 4 of the Convention imposes upon States Parties an obligation to designate a “Central Authority” for the purpose of discharging certain specified functions.

NOW, THEREFORE, by virtue of the authority vested in me as President by the Constitution and the laws of the United States of America, it is ordered as follows:

Section 1. Designation of Central Authority. The Department of Health and Human Services is hereby designated as the Central Authority of the United States for purposes of the Convention. The Secretary of Health and Human Services is hereby authorized and empowered, in accordance with such regulations as the Secretary may prescribe, to perform all lawful acts that may be necessary and proper in order to execute the functions of the Central Authority in a timely and efficient manner.

Sec. 2. Designation of State IV–D Child Support Agencies. The Central Authority may designate the State agencies responsible for implementing an approved State Plan under title IV–D of the Social Security Act, 42 U.S.C. 651 et seq., as public bodies authorized to perform specific functions in relation to applications under the Convention.

Sec. 3. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department, agency, or the head thereof, or the status of that department or agency within the Federal Government; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

Barack Obama.

§ 659a. International support enforcement