Page 1904TITLE 42—THE PUBLIC HEALTH AND WELFARE
of paragraph (1) is given to the affected memberin any case where it has not been possible, de-spite continuing good faith efforts, to arrangesuch a consultation.
(b) ‘‘Authorized person’’ defined
For purposes of this section the term ‘‘author-ized person’’ with respect to any member of theuniformed services means—(1) any agent or attorney of a State havingin effect a plan approved under this part whohas the duty or authority under such plan toseek to recover any amounts owed by suchmember as child or child and spousal support(including, when authorized under the Stateplan, any official of a political subdivision);and(2) the court which has authority to issue anorder against such member for the support andmaintenance of a child, or any agent of suchcourt.
The Secretary of Defense, in the case of theArmy, Navy, Air Force, and Marine Corps, andthe Secretary concerned (as defined in section101(5) of title 37) in the case of each of the otheruniformed services, shall each issue regulationsapplicable to allotments to be made under thissection, designating the officials to whom noticeof failure to make support payments, or noticeto discontinue or adjust an allotment, should begiven, prescribing the form and content of thenotice and specifying any other rules necessaryfor such Secretary to implement this section.(Aug. 14, 1935, ch. 531, title IV, §465, as addedPub. L. 97–248, title I, §172(a), Sept. 3, 1982, 96Stat. 401; amended Pub. L. 109–241, title II,§218(b)(2), July 11, 2006, 120 Stat. 526.)
Section 801(11) of title 10, referred to in subsec. (a)(2),was repealed by Pub. L. 109–241, title II, §218(a)(1), July11, 2006, 120 Stat. 526. However, ‘‘judge advocate’’ is de-fined elsewhere in that section.A
2006—Subsec. (a)(2). Pub. L. 109–241 substituted ‘‘judgeadvocate’’ for ‘‘law specialist’’.E
Section 172(b) of Pub. L. 97–248 provided that: ‘‘Theamendment made by subsection (a) [enacting this sec-tion] shall become effective on October 1, 1982.’’T
For transfer of authorities, functions, personnel, andassets of the Coast Guard, including the authoritiesand functions of the Secretary of Transportation relat-ing thereto, to the Department of Homeland Security,and for treatment of related references, see sections468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu-rity, and the Department of Homeland Security Reor-ganization Plan of November 25, 2002, as modified, setout as a note under section 542 of Title 6.
§666. Requirement of statutorily prescribed pro-cedures to improve effectiveness of childsupport enforcement(a) Types of procedures required
In order to satisfy section 654(20)(A) of thistitle, each State must have in effect laws requir-ing the use of the following procedures, consist-ent with this section and with regulations of theSecretary, to increase the effectiveness of theprogram which the State administers under thispart:(1)(A) Procedures described in subsection (b)of this section for the withholding from in-come of amounts payable as support in casessubject to enforcement under the State plan.(B) Procedures under which the income of aperson with a support obligation imposed by asupport order issued (or modified) in the Statebefore January 1, 1994, if not otherwise subjectto withholding under subsection (b) of thissection, shall become subject to withholdingas provided in subsection (b) of this section if arrearages occur, without the need for a judi-cial or administrative hearing.(2) Expedited administrative and judicialprocedures (including the procedures specifiedin subsection (c) of this section) for establish-ing paternity and for establishing, modifying,and enforcing support obligations. The Sec-retary may waive the provisions of this para-graph with respect to one or more politicalsubdivisions within the State on the basis of the effectiveness and timeliness of supportorder issuance and enforcement or paternityestablishment within the political subdivision(in accordance with the general rule for ex-emptions under subsection (d) of this section).(3) Procedures under which the State childsupport enforcement agency shall request, andthe State shall provide, that for the purpose of enforcing a support order under any State planapproved under this part—(A) any refund of State income tax whichwould otherwise be payable to a noncusto-dial parent will be reduced, after notice hasbeen sent to that noncustodial parent of theproposed reduction and the procedures to befollowed to contest it (and after full compli-ance with all procedural due process require-ments of the State), by the amount of anyoverdue support owed by such noncustodialparent;(B) the amount by which such refund is re-duced shall be distributed in accordancewith section 657 of this title in the case of overdue support assigned to a State pursu-ant to section 608(a)(3) or 671(a)(17) of thistitle, or, in any other case, shall be distrib-uted, after deduction of any fees imposed bythe State to cover the costs of collection, tothe child or parent to whom such support isowed; and(C) notice of the noncustodial parent’s so-cial security account number (or numbers, if he has more than one such number) andhome address shall be furnished to the Stateagency requesting the refund offset, and tothe State agency enforcing the order.(4) L
.—Procedures under which—(A) liens arise by operation of law againstreal and personal property for amounts of overdue support owed by a noncustodial par-ent who resides or owns property in theState; and(B) the State accords full faith and creditto liens described in subparagraph (A) aris-ing in another State, when the State agency,party, or other entity seeking to enforce