[House Report 112-488]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 112-488
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SERVICEMEMBER FAMILY PROTECTION ACT
_______
May 18, 2012.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Miller of Florida, from the Committee on Veterans' Affairs,
submitted the following
R E P O R T
[To accompany H.R. 4201]
[Including cost estimate of the Congressional Budget Office]
The Committee on Veterans' Affairs, to whom was referred
the bill (H.R. 4201) to amend the Servicemembers Civil Relief
Act to provide for the protection of child custody arrangements
for parents who are members of the Armed Forces, having
considered the same, report favorably thereon without amendment
and recommend that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 1
Background and Need for Legislation.............................. 2
Committee Consideration.......................................... 2
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
Statement of General Performance Goals and Objectives............ 3
New Budget Authority, Entitlement Authority, and Tax Expenditures 3
Earmarks and Tax and Tariff Benefits............................. 3
Committee Cost Estimate.......................................... 3
Congressional Budget Office Estimate............................. 3
Federal Mandates Statement....................................... 4
Advisory Committee Statement..................................... 4
Constitutional Authority Statement............................... 4
Applicability to Legislative Branch.............................. 5
Section-by-Section Analysis of the Legislation................... 5
Changes in Existing Law Made by the Bill as Reported............. 5
Purpose and Summary
H.R. 4201 was introduced on March 16, 2012, by
Representative Michael R. Turner of Ohio. H.R. 4201 amends the
Servicemembers Civil Relief Act (SCRA) to provide for the
protection of child custody arrangements for parents who are
members of the Armed Forces.
Background and Need for Legislation
As our nation's servicemembers continue to endure
deployments overseas, the Servicemembers Civil Relief Act
(SCRA) and the Uniformed Services Employment and Reemployment
Rights Act continue to protect their interests at home. Both
Acts endeavor to ensure veterans and servicemembers' employment
rights and civilian obligations are not affected by their
commitment to the security of the United States. At its core,
SCRA ensures that servicemembers have certain protections in
the event that military service impedes their ability to meet
certain financial and legal obligations.
With respect to one such legal obligation, the Committee is
aware of the often difficult decisions facing courts regarding
child custody when one or both parents may be a servicemember
deployed abroad. Although the current SCRA covers everything
from mortgages to cell phone contracts, it fails to provide one
uniform framework for protecting servicemembers' rights under
child custody actions by state courts.
H.R. 4201 would protect these rights by amending the SCRA
to require that if a court renders a temporary order for
custodial responsibility for a child of a servicemember to
another party because of a servicemembers' deployment, the
custody order immediately preceding the temporary order shall
be reinstated upon the return of the servicemember unless the
court determines that such a move would not be in the best
interest of a child. The bill would also prohibit courts from
considering the absence or potential absence of a servicemember
from being considered as part of the court's determination of
the child's best interest. Finally, the bill ensures that if
higher protections than that provided for in H.R. 4201 exist
under any state law, then the higher standard shall be applied.
In previous Congresses, the Committee received anecdotal
evidence of servicemembers having to make the difficult
decision of choosing between their military career and the
legal custody of their children because of rulings made by
courts that took their military service into account when
assigning custody of the child. The Committee believes that
servicemembers should never have to make this choice.
In a February 15, 2011, letter to Representative Michael
Turner of Ohio, then-Secretary of Defense Robert Gates provided
support for legislation that is appropriately crafted, ``[t]hat
provides Servicemembers with a federal uniform standard of
protection in cases where it is established that military
service is the sole factor involved in a child custody decision
involving a Service member.'' The Committee believes that H.R.
4201 is appropriately crafted to fulfill this requirement.
Committee Consideration
On April 27, 2012, the full Committee met in an open markup
session, a quorum being present, and ordered H.R. 4201 reported
favorably to the House of Representatives by voice vote.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the record votes
on the motion to report the legislation and amendments thereto.
There were no record votes taken on amendments or in connection
with ordering H.R. 4201, reported to the House. A motion by Ms.
Corrine Brown of Florida to order H.R. 4201, reported favorably
to the House of Representatives was agreed to by voice vote.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goals and objectives are reflected in the descriptive portions
of this report.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee adopts as its
own the estimate of new budget authority, entitlement
authority, or tax expenditures or revenues contained in the
cost estimate prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974.
Earmarks and Tax and Tariff Benefits
H.R. 4201 does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI of the Rules of the House of
Representatives.
Committee Cost Estimate
The Committee adopts as its own the cost estimate on H.R.
4201, prepared by the Director of the Congressional Budget
Office pursuant to section 402 of the Congressional Budget Act
of 1974.
Congressional Budget Office Cost Estimate
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
for H.R. 4201, provided by the Congressional Budget Office
pursuant to section 402 of the Congressional Budget Act of
1974:
May 10, 2012.
Hon. Jeff Miller,
Chairman, Committee on Veterans' Affairs,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4201, the
Servicemember Family Protection Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is William Ma.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
H.R. 4201--Servicemember Family Protection Act
CBO estimates that implementing H.R. 4201 would have no
effect on the federal budget. The bill would amend the
Servicemembers Civil Relief Act to improve the protections
offered to deploying servicemembers in matters related to
court-ordered arrangements for child custody. For
servicemembers who deploy for periods between 60 days and 18
months, H.R. 4201 would restrict courts from considering those
absences when determining permanent child-custody arrangements.
The bill also would require the reinstatement of custody orders
in effect preceding any deployment or anticipated deployment of
the servicemember (unless a court finds that reinstatement is
not in the child's best interest) and provide servicemembers
with either the protections under this bill or applicable state
law, whichever is most favorable.
Enacting H.R. 4201 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
H.R. 4201 contains an intergovernmental mandate as defined
in the Unfunded Mandates Reform Act (UMRA) because it would
preempt state laws, applicable to child custody protection,
that provide less protection to servicemembers than the federal
standard. While the preemption would limit the application of
state law, CBO estimates that it would impose no duty on state,
local, or tribal governments that would result in additional
spending.
H.R. 4201 contains no private-sector mandates as defined in
UMRA.
The CBO staff contacts for this estimate are William Ma
(for federal costs) and Lisa Ramirez-Branum (for the
intergovernmental impact). The estimate was approved by Theresa
Gullo, Deputy Assistant Director for Budget Analysis.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates regarding H.R. 4201, prepared by the Director of the
Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act would be created by H.R.
4201.
Statement of Constitutional Authority
Pursuant to Article I, section 8 of the United States
Constitution, the reported bill is authorized by Congress'
power to ``provide for the common Defense and general Welfare
of the United States.''
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short title
This section designates H.R. 4201 as the ``Servicemember
Family Protection Act.''
Section 2. Protection of child custody arrangement for parents who are
Members of the Armed Forces
This section amends Title II of the Servicemembers Civil
Relief Act by adding a new section on child custody protection.
Subsection (a) provides for a new section 208 in the SCRA
that provides that if a court renders a temporary order for
custodial responsibility for a child based solely on a
deployment or anticipated deployment of a parent who is a
servicemember, then the court shall require that upon the
return of the servicemember from deployment, the custody order
that was in effect immediately preceding the temporary order
shall be reinstated, unless the court finds that such a
reinstatement is not in the best interest of the child.
Subsection (b) of new section 208 prohibits courts from
considering the absence or potential absence of a servicemember
from being considered as part of the court's determination of
the child's best interest.
Subsection (c) of new section 208 states that nothing in
this new section shall create a Federal right of action.
Subsection (d) of new section 208 states that if any
applicable state law that gives a greater level of protection
to the rights of the parents than the one provided by this
section, the state law will apply.
Subsection (e) of new section 208 defines a deployment as
movement or mobilization of a servicemember for a period no
shorter than 60 days and not longer than 18 months where the
servicemember is not authorized to bring their dependents.
Subsection (b) amends the table of contents in section 1(b)
of the SCRA to include ``208. Child custody protection.''
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
Servicemembers Civil Relief Act
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) * * *
(b) Table of Contents.--The table of contents of this Act is
as follows:
Sec. 1. Short title; table of contents.
* * * * * * *
TITLE II--GENERAL RELIEF
* * * * * * *
208. Child custody protection.
* * * * * * *
TITLE II--GENERAL RELIEF
* * * * * * *
SEC. 208. CHILD CUSTODY PROTECTION.
(a) Restriction on Temporary Custody Order.--If a court
renders a temporary order for custodial responsibility for a
child based solely on a deployment or anticipated deployment of
a parent who is a servicemember, then the court shall require
that upon the return of the servicemember from deployment, the
custody order that was in effect immediately preceding the
temporary order shall be reinstated, unless the court finds
that such a reinstatement is not in the best interest of the
child, except that any such finding shall be subject to
subsection (b).
(b) Exclusion of Military Service From Determination of
Child's Best Interest.--If a motion or a petition is filed
seeking a permanent order to modify the custody of the child of
a servicemember, no court may consider the absence of the
servicemember by reason of deployment, or the possibility of
deployment, in determining the best interest of the child.
(c) No Federal Right of Action.--Nothing in this section
shall create a Federal right of action.
(d) Preemption.--In any case where State law applicable to a
child custody proceeding involving a temporary order as
contemplated in this section provides a higher standard of
protection to the rights of the parent who is a deploying
servicemember than the rights provided under this section with
respect to such temporary order, the appropriate court shall
apply the higher State standard.
(e) Deployment Defined.--In this section, the term
``deployment'' means the movement or mobilization of a
servicemember for a period of longer than 60 days and not
longer than 18 months pursuant to temporary or permanent
official orders--
(1) that are designated as unaccompanied;
(2) for which dependent travel is not authorized; or
(3) that otherwise do not permit the movement of
family members to that location.
* * * * * * *