42 U.S.C. § 663 — Use of Federal Parent Locator Service in

Page 2332 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 660 Editorial Notes AMENDMENTS 2014—Subsec. (c). Pub. L. 113–183, § 301(d)(2)(A), sub- stituted ‘‘foreign reciprocating countries or foreign treaty countries’’ for ‘‘foreign countries that are the subject of a declaration under this section’’ in intro- ductory provisions. Subsec. (c)(2). Pub. L. 113–183, § 301(d)(2)(B), inserted ‘‘and foreign treaty countries’’ after ‘‘foreign recipro- cating 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). Statutory Notes and Related Subsidiaries 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. Executive Documents EX. ORD. NO. 13752. RELATING TO THE IMPLEMENTATION OF THE CONVENTION ON THE INTERNATIONAL RECOVERY OF CHILD SUPPORT AND OTHER FORMS OF FAMILY MAIN- TENANCE Ex. Ord. No. 13752, Dec. 8, 2016, 81 F.R. 90181, provided: The United States of America deposited its instru- ment of ratification of the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance (Convention) on Sep- tember 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 De- partment of Health and Human Services is hereby des- ignated 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 Agen- cies. 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 per- form 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 de- partment, agency, or the head thereof, or the status of that department or agency within the Federal Govern- ment; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able 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. § 660. Civil action to enforce child support obli- gations; jurisdiction of district courts The district courts of the United States shall have jurisdiction, without regard to any amount in controversy, to hear and determine any civil action certified by the Secretary of Health and Human Services under section 652(a)(8) of this title. A civil action under this section may be brought in any judicial district in which the claim arose, the plaintiff resides, or the defend- ant resides. (Aug. 14, 1935, ch. 531, title IV, § 460, as added Pub. L. 93–647, § 101(a), Jan. 4, 1975, 88 Stat. 2358; amended Pub. L. 98–369, div. B, title VI, § 2663(j)(2)(B)(xi), July 18, 1984, 98 Stat. 1170.) Editorial Notes AMENDMENTS 1984—Pub. L. 98–369 substituted ‘‘Health and Human Services’’ for ‘‘Health, Education, and Welfare’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–369 effective July 18, 1984, but not to be construed as changing or affecting any right, liability, status, or interpretation which existed (under the provisions of law involved) before that date, see section 2664(b) of Pub. L. 98–369, set out as a note under section 401 of this title. §§ 661, 662. Repealed. Pub. L. 104–193, title III, § 362(b)(1), Aug. 22, 1996, 110 Stat. 2246 Section 661, act Aug. 14, 1935, ch. 531, title IV, § 461, as added May 23, 1977, Pub. L. 95–30, title V, § 501(c), 91 Stat. 158, related to regulations pertaining to garnish- ments. Section 662, act Aug. 14, 1935, ch. 531, title IV, § 462, as added May 23, 1977, Pub. L. 95–30, title V, § 501(d), 91 Stat. 159; amended July 18, 1984, Pub. L. 98–369, div. B, title VI, § 2663(c)(17), 98 Stat. 1167; Oct. 22, 1986, Pub. L. 99–514, § 2, 100 Stat. 2095; June 13, 1991, Pub. L. 102–54, § 13(q)(3)(B)(ii), 105 Stat. 279, related to definitions for purposes of section 659 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective 6 months after Aug. 22, 1996, see sec- tion 362(d) of Pub. L. 104–193, set out as an Effective Date of 1996 Amendment note under section 659 of this title. For provisions relating to effective date of title III of Pub. L. 104–193, 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. § 663. Use of Federal Parent Locator Service in connection with enforcement or determina- tion of child custody in cases of parental kid- naping of child (a) Agreements with States for use of Federal Parent Locator Service The Secretary shall enter into an agreement with every State under which the services of the Federal Parent Locator Service established under section 653 of this title shall be made available to each State for the purpose of deter- mining the whereabouts of any parent or child when such information is to be used to locate such parent or child for the purpose of— Page 2333 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 663 (1) enforcing any State or Federal law with respect to the unlawful taking or restraint of a child; or (2) making or enforcing a child custody or visitation determination. (b) Requests from authorized persons for infor- mation An agreement entered into under subsection (a) shall provide that the State agency described in section 654 of this title will, under procedures prescribed by the Secretary in regulations, re- ceive and transmit to the Secretary requests from authorized persons for information as to (or useful in determining) the whereabouts of any parent or child when such information is to be used to locate such parent or child for the purpose of— (1) enforcing any State or Federal law with respect to the unlawful taking or restraint of a child; or (2) making or enforcing a child custody or visitation determination. (c) Information which may be disclosed Information authorized to be provided by the Secretary under subsection (a), (b), (e), or (f) shall be subject to the same conditions with re- spect to disclosure as information authorized to be provided under section 653 of this title, and a request for information by the Secretary under this section shall be considered to be a request for information under section 653 of this title which is authorized to be provided under such section. Only information as to the most recent address and place of employment of any parent or child shall be provided under this section. (d) ‘‘Custody or visitation determination’’ and ‘‘authorized person’’ defined For purposes of this section— (1) the term ‘‘custody or visitation deter- mination’’ means a judgment, decree, or other order of a court providing for the custody or visitation of a child, and includes permanent and temporary orders, and initial orders and modification; (2) the term ‘‘authorized person’’ means— (A) any agent or attorney of any State having an agreement under this section, who has the duty or authority under the law of such State to enforce a child custody or visi- tation determination; (B) any court having jurisdiction to make or enforce such a child custody or visitation determination, or any agent of such court; and (C) any agent or attorney of the United States, or of a State having an agreement under this section, who has the duty or au- thority to investigate, enforce, or bring a prosecution with respect to the unlawful taking or restraint of a child. (e) Agreement on use of Federal Parent Locator Service with United States Central Authority under Convention on the Civil Aspects of International Child Abduction The Secretary shall enter into an agreement with the Central Authority designated by the President in accordance with section 9006 of title 22, under which the services of the Federal Parent Locator Service established under sec- tion 653 of this title shall be made available to such Central Authority upon its request for the purpose of locating any parent or child on behalf of an applicant to such Central Authority within the meaning of section 9002(1) of title 22. The Federal Parent Locator Service shall charge no fees for services requested pursuant to this sub- section. (f) Agreement to assist in locating missing chil- dren under Federal Parent Locator Service The Secretary shall enter into an agreement with the Attorney General of the United States, under which the services of the Federal Parent Locator Service established under section 653 of this title shall be made available to the Office of Juvenile Justice and Delinquency Prevention upon its request to locate any parent or child on behalf of such Office for the purpose of— (1) enforcing any State or Federal law with respect to the unlawful taking or restraint of a child, or (2) making or enforcing a child custody or visitation determination. The Federal Parent Locator Service shall charge no fees for services requested pursuant to this subsection. (Aug. 14, 1935, ch. 531, title IV, § 463, as added Pub. L. 96–611, § 9(b), Dec. 28, 1980, 94 Stat. 3572; amended Pub. L. 100–300, § 11, Apr. 29, 1988, 102 Stat. 441; Pub. L. 103–432, title II, § 214(a), (b), Oct. 31, 1994, 108 Stat. 4461; Pub. L. 104–193, title III, §§ 316(e)(1), 395(d)(1)(G), Aug. 22, 1996, 110 Stat. 2215, 2259; Pub. L. 105–33, title V, § 5534(b), Aug. 5, 1997, 111 Stat. 629.) Editorial Notes AMENDMENTS 1997—Subsec. (a). Pub. L. 105–33, § 5534(b)(1)(A), (5), in introductory provisions, substituted ‘‘every State’’ for ‘‘any State which is able and willing to do so,’’ and ‘‘each State’’ for ‘‘such State’’ and struck out ‘‘non- custodial’’ before ‘‘parent’’. Subsec. (a)(2). Pub. L. 105–33, § 5534(b)(1)(B), inserted ‘‘or visitation’’ after ‘‘custody’’. Subsec. (b). Pub. L. 105–33, § 5534(b)(5), struck out ‘‘noncustodial’’ before ‘‘parent or child when’’ in intro- ductory provisions. Subsec. (b)(2). Pub. L. 105–33, § 5534(b)(2), inserted ‘‘or visitation’’ after ‘‘custody’’. Subsec. (c). Pub. L. 105–33, § 5534(b)(5), struck out ‘‘noncustodial’’ before ‘‘parent’’. Subsec. (d)(1). Pub. L. 105–33, § 5534(b)(3)(A), inserted ‘‘or visitation’’ before ‘‘determination’’. Subsec. (d)(2)(A), (B). Pub. L. 105–33, § 5534(b)(3)(B), in- serted ‘‘or visitation’’ after ‘‘custody’’. Subsec. (f)(2). Pub. L. 105–33, § 5534(b)(4), inserted ‘‘or visitation’’ after ‘‘custody’’. 1996—Subsec. (a). Pub. L. 104–193, §§ 316(e)(1), 395(d)(1)(G), inserted ‘‘Federal’’ before ‘‘Parent Locator Service’’ and substituted ‘‘noncustodial parent’’ for ‘‘absent parent’’. Subsecs. (b), (c). Pub. L. 104–193, § 395(d)(1)(G), sub- stituted ‘‘noncustodial parent’’ for ‘‘absent parent’’. Subsecs. (e), (f). Pub. L. 104–193, § 316(e)(1), inserted ‘‘Federal’’ before ‘‘Parent Locator Service’’ wherever appearing. 1994—Subsec. (c). Pub. L. 103–432, § 214(b), substituted ‘‘subsection (a), (b), (e), or (f)’’ for ‘‘subsection (a), (b), or (e)’’. Subsec. (f). Pub. L. 103–432, § 214(a), added subsec. (f). 1988—Subsec. (b). Pub. L. 100–300, § 11(1), substituted ‘‘under subsection (a)’’ for ‘‘under this section’’. Page 2334 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 664 Subsec. (c). Pub. L. 100–300, § 11(2), substituted ‘‘under subsection (a), (b), or (e)’’ for ‘‘under this section’’. Subsec. (e). Pub. L. 100–300, § 11(3), added subsec. (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105–33 effective as if included in the enactment of title III of the Personal Responsi- bility and Work Opportunity Reconciliation Act of 1996, Pub. L. 104–193, see section 5557 of Pub. L. 105–33, set out as a note under section 608 of this title. EFFECTIVE DATE OF 1996 AMENDMENT For effective date of amendment by Pub. L. 104–193, see section 395(a)–(c) of Pub. L. 104–193, set out as a note under section 654 of this title. EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–432, title II, § 214(c), Oct. 31, 1994, 108 Stat. 4461, provided that: ‘‘The amendments made by this section [amending this section] shall take effect on Oc- tober 1, 1995.’’ EFFECTIVE DATE Pub. L. 96–611, § 9(d), Dec. 28, 1980, 94 Stat. 3573, pro- vided that: ‘‘No agreement entered into under section 463 of the Social Security Act [42 U.S.C. 663] shall be- come effective before the date on which section 1738A of title 28, United States Code (as added by this title [probably should be ‘‘as added by section 8(a) of this Act’’]) becomes effective.’’ § 664. Collection of past-due support from Fed- eral tax refunds (a) Procedures applicable; distribution (1) Upon receiving notice from a State agency administering a plan approved under this part that a named individual owes past-due support which has been assigned to such State pursuant to section 608(a)(3) or section 671(a)(17) of this title, the Secretary of the Treasury shall deter- mine whether any amounts, as refunds of Fed- eral taxes paid, are payable to such individual (regardless of whether such individual filed a tax return as a married or unmarried individual). If the Secretary of the Treasury finds that any such amount is payable, he shall withhold from such refunds an amount equal to the past-due support, shall concurrently send notice to such individual that the withholding has been made (including in or with such notice a notification to any other person who may have filed a joint return with such individual of the steps which such other person may take in order to secure his or her proper share of the refund), and shall pay such amount to the State agency (together with notice of the individual’s home address) for distribution in accordance with section 657 of this title. This subsection may be executed by the disbursing official of the Department of the Treasury. (2)(A) Upon receiving notice from a State agency administering a plan approved under this part that a named individual owes past-due sup- port which such State has agreed to collect under paragraph (4)(A)(ii) or (32) of section 654 of this title, and that the State agency has sent notice to such individual in accordance with paragraph (3)(A), the Secretary of the Treasury shall determine whether any amounts, as re- funds of Federal taxes paid, are payable to such individual (regardless of whether such individual filed a tax return as a married or unmarried in- dividual). If the Secretary of the Treasury finds that any such amount is payable, he shall with- hold from such refunds an amount equal to such past-due support, and shall concurrently send notice to such individual that the withholding has been made, including in or with such notice a notification to any other person who may have filed a joint return with such individual of the steps which such other person may take in order to secure his or her proper share of the refund. The Secretary of the Treasury shall pay the amount withheld to the State agency, and the State shall pay to the Secretary of the Treasury any fee imposed by the Secretary of the Treas- ury to cover the costs of the withholding and any required notification. The State agency shall, subject to paragraph (3)(B), distribute such amount to or on behalf of the child to whom the support was owed in accordance with section 657 of this title. This subsection may be executed by the Secretary of the Department of the Treasury or his designee. (B) This paragraph shall apply only with re- spect to refunds payable under section 6402 of the Internal Revenue Code of 1986 after Decem- ber 31, 1985. (3)(A) Prior to notifying the Secretary of the Treasury under paragraph (1) or (2) that an indi- vidual owes past-due support, the State shall send notice to such individual that a with- holding will be made from any refund otherwise payable to such individual. The notice shall also (i) instruct the individual owing the past-due support of the steps which may be taken to con- test the State’s determination that past-due support is owed or the amount of the past-due support, and (ii) provide information, as may be prescribed by the Secretary of Health and Human Services by regulation in consultation with the Secretary of the Treasury, with respect to procedures to be followed, in the case of a joint return, to protect the share of the refund which may be payable to another person. (B) If the Secretary of the Treasury deter- mines that an amount should be withheld under paragraph (1) or (2), and that the refund from which it should be withheld is based upon a joint return, the Secretary of the Treasury shall no- tify the State that the withholding is being made from a refund based upon a joint return, and shall furnish to the State the names and ad- dresses of each taxpayer filing such joint return. In the case of a withholding under paragraph (2), the State may delay distribution of the amount withheld until the State has been notified by the Secretary of the Treasury that the other person filing the joint return has received his or her proper share of the refund, but such delay may not exceed six months. (C) If the other person filing the joint return with the named individual owing the past-due support takes appropriate action to secure his or her proper share of a refund from which a with- holding was made under paragraph (1) or (2), the Secretary of the Treasury shall pay such share to such other person. The Secretary of the Treasury shall deduct the amount of such pay- ment from amounts subsequently payable to the State agency to which the amount originally withheld from such refund was paid.