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Code · BILL · 113th Congress · H.R. 4980 (Received in Senate) — To prevent and address sex trafficking of children in foster care, to extend and improve adoption incentives, and to... · Sec. 301

Sec. 301. Amendments to ensure access to child support services for international child support cases

916 words·~4 min read·/bill/113/hr/4980/rds/section-301

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 452 ( 42 U.S.C. 652 ) is amended— by redesignating the second subsection
(l)(as added by section 7306 of the Deficit Reduction Act of 2005) as subsection (m); and by adding at the end the following: The Secretary shall use the authorities otherwise provided by law to ensure the compliance of the United States with any multilateral child support convention to which the United States is a party. . Section 453(k)(3) ( 42 U.S.C. 653(k)(3) ) is amended by striking 452(l) and inserting 452(m) . Section 453(c) ( 42 U.S.C. 653(c) ) is amended— by striking and at the end of paragraph (3); by striking the period at the end of paragraph
(4)and inserting ; and ; and by adding at the end the following: an entity designated as a Central Authority for child support enforcement in a foreign reciprocating country or a foreign treaty country for purposes specified in section 459A(c)(2). . Section 454 ( 42 U.S.C. 654 ) is amended— in paragraph (4)(A)(ii), by inserting before the semicolon (except that, if the individual applying for the services resides in a foreign reciprocating country or foreign treaty country, the State may opt to require the individual to request the services through the Central Authority for child support enforcement in the foreign reciprocating country or the foreign treaty country, and if the individual resides in a foreign country that is not a foreign reciprocating country or a foreign treaty country, a State may accept or reject the application) ; and in paragraph (32)— in subparagraph (A), by inserting , a foreign treaty country, after a foreign reciprocating country ; and in subparagraph (C), by striking or foreign obligee and inserting , foreign treaty country, or foreign individual . Section 459A ( 42 U.S.C. 659a ) is amended— by adding at the end the following: In this part: 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). The term foreign treaty country means a foreign country for which the 2007 Family Maintenance Convention is in force. 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. ; in subsection (c)— in the matter preceding paragraph (1), by striking foreign countries that are the subject of a declaration under this section and inserting foreign reciprocating countries or foreign treaty countries ; and in paragraph (2), by inserting and foreign treaty countries after foreign reciprocating countries ; and in subsection (d), by striking the subject of a declaration pursuant to subsection
(a)and inserting foreign reciprocating countries or foreign treaty countries . Section 464(a)(2)(A) ( 42 U.S.C. 664(a)(2)(A) ) is amended by striking under section 454(4)(A)(ii) and inserting under paragraph (4)(A)(ii) or
(32)of section 454 . Section 466(f) ( 42 U.S.C. 666(f) ) is amended— by striking on and after January 1, 1998, ; by striking and as in effect on August 22, 1996, ; and by striking adopted as of such date and inserting adopted as of September 30, 2008 . 28 , united states code Section 1738B of title 28, United States Code, is amended— in subsection (d), by striking individual contestant and inserting individual contestant or the parties have consented in a record or open court that the tribunal of the State may continue to exercise jurisdiction to modify its order, ; in subsection (e)(2)(A), by striking individual contestant and inserting individual contestant and the parties have not consented in a record or open court that the tribunal of the other State may continue to exercise jurisdiction to modify its order ; and in subsection (b)— by striking and inserting child means
(1)The term ; child means by striking and inserting child’s State means
(2)The term ; child’s State means by striking and inserting child’s home State means
(3)The term ; child’s home State means by striking and inserting child support means
(4)The term ; child support means by striking and inserting child support order
(5)The term ; child support order by striking and inserting contestant means
(6)The term ; contestant means by striking and inserting court means
(7)The term ; court means by striking and inserting modification means
(8)The term ; and modification means by striking and inserting State means
(9)The term . State means The amendments made by paragraph
(1)shall take effect with respect to a State no later than the effective date of laws enacted by the legislature of the State implementing such paragraph, but in no event later than the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of clause (i), in the case of a State that has a 2-year legislative session, each year of the session shall be deemed to be a separate regular session of the State legislature. The amendments made by subparagraphs
(A)and
(B)of paragraph
(2)shall take effect on the date on which the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance enters into force for the United States. The amendments made by subparagraph
(C)of paragraph
(2)shall take effect on the date of the enactment of this Act.
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