`Sec. 228. Failure to pay legal child
support obligations
`(a) OFFENSE- Any person who--
`(1) willfully fails to pay a support obligation with respect
to a child who resides in another State, if such obligation
has
remained unpaid for a period longer than 1
year, or is greater than $5,000;
`(2) travels in interstate or foreign commerce with the
intent to evade a support obligation, if such obligation has
remained unpaid for a period longer than 1
year, or is greater than $5,000; or
`(3) willfully fails to pay a support obligation with respect
to a child who resides in another State, if such obligation
has
remained unpaid for a period longer than 2
years, or is greater than $10,000;
shall be punished as provided in subsection (c).
`(b) PRESUMPTION- The existence of a support
obligation that was in effect for the time period charged in
the indictment
or information creates a rebuttable
presumption that the obligor has the ability to pay the
support obligation for that time
period.
`(c) PUNISHMENT- The punishment for an
offense under this section is--
`(1) in the case of a first offense under subsection (a)(1),
a fine under this title, imprisonment for not more than 6
months, or
both; and
`(2) in the case of an offense under paragraph (2) or (3) of
subsection (a), or a second or subsequent offense under
subsection (a)(1), a fine under this title,
imprisonment for not more than 2 years, or both.
`(d) MANDATORY RESTITUTION- Upon a
conviction under this section, the court shall order
restitution under section
3663A in an amount equal to the total unpaid
support obligation as it exists at the time of sentencing.
`(e) VENUE- With respect to an offense under
this section, an action may be inquired of and prosecuted in
a district court of
the United States for--
`(1) the district in which the child who is the subject of
the support obligation involved resided during a period
during
which a person described in subsection (a)
(referred to in this subsection as an `obliger') failed to
meet that support
obligation;
`(2) the district in which the obliger resided during a
period described in paragraph (1); or
`(3) any other district with jurisdiction otherwise provided
for by law.
`(f) DEFINITIONS- As used in this section--
`(1) the term `Indian tribe' has the meaning given that term
in section 102 of the Federally Recognized Indian Tribe
List
Act of 1994 (25 U.S.C. 479a);
`(2) the term `State' includes any State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States;
and
`(3) the term `support obligation' means any amount
determined under a court order or an order of an
administrative
process pursuant to the law of a State or of
an Indian tribe to be due from a person for the support and
maintenance
of a child or of a child and the parent with
whom the child is living.'.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.