
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC659a]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
 SUBCHAPTER IV--GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES 
              WITH CHILDREN AND FOR CHILD-WELFARE SERVICES
 
          Part D--Child Support and Establishment of Paternity
 
Sec. 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) of 
    this section.

                           (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) of this 
    section 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 countries that are the 
subject of a declaration under this section, by activities including--
        (1) development of uniform forms and procedures for use in such 
    cases;
        (2) notification of foreign reciprocating 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 the subject of a declaration pursuant to subsection (a) of this 
section, to the extent consistent with Federal law.

(Aug. 14, 1935, ch. 531, title IV, Sec. 459A, as added Pub. L. 104-193, 
title III, Sec. 371(a), Aug. 22, 1996, 110 Stat. 2252.)


                             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.

                  Section Referred to in Other Sections

    This section is referred to in section 654 of this title.
