I 111th CONGRESS 1st Session H. R. 2723 IN THE HOUSE OF REPRESENTATIVES June 4, 2009 Mr. Gerlach introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Social Security Act to provide for an exemption to allow an individual otherwise ineligible to travel outside the United States to do so for employment purposes to pay child support arrearages, and for other purposes.

1.

Exemption for certain individuals to travel overseas for employment to pay child support arrearages

Section 452(k) of the Social Security Act (42 U.S.C. 652(k)) is amended— (1)in paragraph (2), by striking The Secretary and inserting Except as provided in paragraph (4), the Secretary; and (2)by adding at the end the following new paragraph: (4)(A)In accordance with subparagraph (B), the Secretary of State, in the Secretary’s discretion, may exempt from the restrictions described in paragraph (2) an individual who would otherwise be subject to such restrictions if the Secretary determines, on a case-by-case basis, that such exemption is appropriate to allow such individual to travel outside the United States for the purpose of employment to pay the arrearages referred to in paragraph (1). (B)In making a determination regarding an exemption under subparagraph (A), such individual shall submit to the Secretary a written offer of employment from the overseas employer and shall post security sufficient to satisfy the arrearages at issue. The Secretary shall determine if such offer is bona fide and shall consider the amount of the arrearages at issue, any ongoing support obligation, and whether such individual presents a risk of flight. The Secretary may also take into consideration any other factors the Secretary considers relevant or appropriate in making such a determination. The Secretary may at any time reimpose on such individual the restrictions described in paragraph (2) if the Secretary determines that such is appropriate. .