US (United States) Code. Title 42. Chapter 7: Social Security

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Public Health and Welfare

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-CITE-

42 USC Sec. 616 01/06/03

-EXPCITE-

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 A - Block Grants to States for Temporary Assistance for Needy

Families

-HEAD-

Sec. 616. Administration

-STATUTE-

The programs under this part and part D of this subchapter shall

be administered by an Assistant Secretary for Family Support within

the Department of Health and Human Services, who shall be appointed

by the President, by and with the advice and consent of the Senate,

and who shall be in addition to any other Assistant Secretary of

Health and Human Services provided for by law, and the Secretary

shall reduce the Federal workforce within the Department of Health

and Human Services by an amount equal to the sum of 75 percent of

the full-time equivalent positions at such Department that relate

to any direct spending program, or any program funded through

discretionary spending, that has been converted into a block grant

program under the Personal Responsibility and Work Opportunity

Reconciliation Act of 1996 and the amendments made by such Act, and

by an amount equal to 75 percent of that portion of the total

full-time equivalent departmental management positions at such

Department that bears the same relationship to the amount

appropriated for any direct spending program, or any program funded

through discretionary spending, that has been converted into a

block grant program under the Personal Responsibility and Work

Opportunity Reconciliation Act of 1996 and the amendments made by

such Act, as such amount relates to the total amount appropriated

for use by such Department, and, notwithstanding any other

provision of law, the Secretary shall take such actions as may be

necessary, including reductions in force actions, consistent with

sections 3502 and 3595 of title 5, to reduce the full-time

equivalent positions within the Department of Health and Human

Services by 245 full-time equivalent positions related to the

program converted into a block grant under the amendments made by

section 103 of the Personal Responsibility and Work Opportunity

Reconciliation Act of 1996, and by 60 full-time equivalent

managerial positions in the Department.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 416, as added Pub. L.

104-193, title I, Sec. 103(a)(1), Aug. 22, 1996, 110 Stat. 2158;

amended Pub. L. 105-33, title V, Sec. 5514(c), (d), Aug. 5, 1997,

111 Stat. 620; Pub. L. 106-169, title IV, Sec. 401(d), Dec. 14,

1999, 113 Stat. 1858.)

-REFTEXT-

REFERENCES IN TEXT

Part D of this subchapter, referred to in text, is classified to

section 651 et seq. of this title.

The Personal Responsibility and Work Opportunity Reconciliation

Act of 1996, referred to in text, is Pub. L. 104-193, Aug. 22,

1996, 110 Stat. 2105. For complete classification of this Act to

the Code, see Short Title of 1996 Amendment note set out under

section 1305 of this title and Tables.

Section 103 of the Personal Responsibility and Work Opportunity

Reconciliation Act of 1996, referred to in text, is section 103 of

Pub. L. 104-193, which enacted this part, amended sections 602,

603, and 1308 of this title, and repealed provisions formerly set

out as this part. For complete classification of section 103 to the

Code, see Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 616, act Aug. 14, 1935, ch. 531, title IV, Sec.

416, as added Dec. 22, 1987, Pub. L. 100-203, title IX, Sec.

9102(a), 101 Stat. 1330-299, related to fraud control, prior to

repeal by Pub. L. 104-193, Sec. 103(a)(1), as amended by Pub. L.

105-33, title V, Sec. 5514(c), Aug. 5, 1997, 111 Stat. 620.

AMENDMENTS

1999 - Pub. L. 106-169 substituted "Opportunity Reconciliation

Act" for "Opportunity Act" the first two places appearing.

1997 - Pub. L. 105-33, Sec. 5514(c), made technical amendment to

directory language of Pub. L. 104-193, Sec. 103(a)(1), which

enacted this section.

Pub. L. 105-33, Sec. 5514(d), substituted "amendments made by

section 103 of the Personal Responsibility and Work Opportunity

Reconciliation" for "amendment made by section 2103 of the Personal

Responsibility and Work Opportunity".

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-169 effective as if included in the

enactment of the Personal Responsibility and Work Opportunity

Reconciliation Act of 1996, Pub. L. 104-193, see section 401(q) of

Pub. L. 106-169, set out as a note under section 602 of this title.

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by section 5514(c) of Pub. L. 105-33 effective as if

included in the provision of Pub. L. 104-193 amended at the time

the provision became law, see section 5518(d) of Pub. L. 105-33,

set out as a note under section 862a of Title 21, Food and Drugs.

Amendment by section 5514(d) of Pub. L. 105-33 effective as if

included in section 103(a) of the Personal Responsibility and Work

Opportunity Reconciliation Act of 1996, Pub. L. 104-193, at the

time such section 103(a) became law, see section 5518(a) of Pub. L.

105-33, set out as a note under section 602 of this title.

EFFECTIVE DATE

Section effective July 1, 1997, with transition rules relating to

State options to accelerate such date, rules relating to claims,

actions, and proceedings commenced before such date, rules relating

to closing out of accounts for terminated or substantially modified

programs and continuance in office of Assistant Secretary for

Family Support, and provisions relating to termination of

entitlement under AFDC program, see section 116 of Pub. L. 104-193,

as amended, set out as a note under section 601 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 603 of this title.

-End-

-CITE-

42 USC Sec. 617 01/06/03

-EXPCITE-

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 A - Block Grants to States for Temporary Assistance for Needy

Families

-HEAD-

Sec. 617. Limitation on Federal authority

-STATUTE-

No officer or employee of the Federal Government may regulate the

conduct of States under this part or enforce any provision of this

part, except to the extent expressly provided in this part.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 417, as added Pub. L.

104-193, title I, Sec. 103(a)(1), Aug. 22, 1996, 110 Stat. 2159;

amended Pub. L. 105-33, title V, Sec. 5514(c), Aug. 5, 1997, 111

Stat. 620.)

-MISC1-

PRIOR PROVISIONS

A prior section 617, act Aug. 14, 1935, ch. 531, title IV, Sec.

417, formerly Sec. 418, as added Oct. 13, 1988, Pub. L. 100-485,

title VI, Sec. 603(a), 102 Stat. 2408; renumbered Sec. 417, Nov.

10, 1988, Pub. L. 100-647, title VIII, Sec. 8105(7), 102 Stat.

3798, related to Assistant Secretary for Family Support, prior to

repeal by Pub. L. 104-193, Sec. 103(a)(1), as amended by Pub. L.

105-33, title V, Sec. 5514(c), Aug. 5, 1997, 111 Stat. 620.

AMENDMENTS

1997 - Pub. L. 105-33 made technical amendment to directory

language of Pub. L. 104-193, Sec. 103(a)(1), which enacted this

section.

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-33 effective as if included in the

provision of Pub. L. 104-193 amended at the time the provision

became law, see section 5518(d) of Pub. L. 105-33, set out as a

note under section 862a of Title 21, Food and Drugs.

EFFECTIVE DATE

Section effective July 1, 1997, with transition rules relating to

State options to accelerate such date, rules relating to claims,

actions, and proceedings commenced before such date, rules relating

to closing out of accounts for terminated or substantially modified

programs and continuance in office of Assistant Secretary for

Family Support, and provisions relating to termination of

entitlement under AFDC program, see section 116 of Pub. L. 104-193,

as amended, set out as a note under section 601 of this title.

-End-

-CITE-

42 USC Sec. 618 01/06/03

-EXPCITE-

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 A - Block Grants to States for Temporary Assistance for Needy

Families

-HEAD-

Sec. 618. Funding for child care

-STATUTE-

(a) General child care entitlement

(1) General entitlement

Subject to the amount appropriated under paragraph (3), each

State shall, for the purpose of providing child care assistance,

be entitled to payments under a grant under this subsection for a

fiscal year in an amount equal to the greater of -

(A) the total amount required to be paid to the State under

section 603 of this title for fiscal year 1994 or 1995

(whichever is greater) with respect to expenditures for child

care under subsections (g) and (i) of section 602 of this title

(as in effect before October 1, 1995); or

(B) the average of the total amounts required to be paid to

the State for fiscal years 1992 through 1994 under the

subsections referred to in subparagraph (A).

(2) Remainder

(A) Grants

The Secretary shall use any amounts appropriated for a fiscal

year under paragraph (3), and remaining after the reservation

described in paragraph (4) and after grants are awarded under

paragraph (1), to make grants to States under this paragraph.

(B) Allotments to States

The total amount available for payments to States under this

paragraph, as determined under subparagraph (A), shall be

allotted among the States based on the formula used for

determining the amount of Federal payments to each State under

section 603(n) of this title (as in effect before October 1,

1995).

(C) Federal matching of State expenditures exceeding historical

expenditures

The Secretary shall pay to each eligible State for a fiscal

year an amount equal to the lesser of the State's allotment

under subparagraph (B) or the Federal medical assistance

percentage for the State for the fiscal year (as defined in

section 1396d(b) of this title, as such section was in effect

on September 30, 1995) of so much of the State's expenditures

for child care in that fiscal year as exceed the total amount

of expenditures by the State (including expenditures from

amounts made available from Federal funds) in fiscal year 1994

or 1995 (whichever is greater) for the programs described in

paragraph (1)(A).

(D) Redistribution

(i) In general

With respect to any fiscal year, if the Secretary

determines (in accordance with clause (ii)) that any amounts

allotted to a State under this paragraph for such fiscal year

will not be used by such State during such fiscal year for

carrying out the purpose for which such amounts are allotted,

the Secretary shall make such amounts available in the

subsequent fiscal year for carrying out such purpose to one

or more States which apply for such funds to the extent the

Secretary determines that such States will be able to use

such additional amounts for carrying out such purpose. Such

available amounts shall be redistributed to a State pursuant

to section 603(n) of this title (as such section was in

effect before October 1, 1995) by substituting "the number of

children residing in all States applying for such funds" for

"the number of children residing in the United States in the

second preceding fiscal year".

(ii) Time of determination and distribution

The determination of the Secretary under clause (i) for a

fiscal year shall be made not later than the end of the first

quarter of the subsequent fiscal year. The redistribution of

amounts under clause (i) shall be made as close as

practicable to the date on which such determination is made.

Any amount made available to a State from an appropriation

for a fiscal year in accordance with this subparagraph shall,

for purposes of this part, be regarded as part of such

State's payment (as determined under this subsection) for the

fiscal year in which the redistribution is made.

(3) Appropriation

For grants under this section, there are appropriated -

(A) $1,967,000,000 for fiscal year 1997;

(B) $2,067,000,000 for fiscal year 1998;

(C) $2,167,000,000 for fiscal year 1999;

(D) $2,367,000,000 for fiscal year 2000;

(E) $2,567,000,000 for fiscal year 2001; and

(F) $2,717,000,000 for fiscal year 2002.

(4) Indian tribes

The Secretary shall reserve not less than 1 percent, and not

more than 2 percent, of the aggregate amount appropriated to

carry out this section in each fiscal year for payments to Indian

tribes and tribal organizations.

(5) Data used to determine State and Federal shares of

expenditures

In making the determinations concerning expenditures required

under paragraphs (1) and (2)(C), the Secretary shall use

information that was reported by the State on ACF Form 231 and

available as of the applicable dates specified in clauses (i)(I),

(ii), and (iii)(III) of section 603(a)(1)(D) of this title.

(b) Use of funds

(1) In general

Amounts received by a State under this section shall only be

used to provide child care assistance. Amounts received by a

State under a grant under subsection (a)(1) of this section shall

be available for use by the State without fiscal year limitation.

(2) Use for certain populations

A State shall ensure that not less than 70 percent of the total

amount of funds received by the State in a fiscal year under this

section are used to provide child care assistance to families who

are receiving assistance under a State program under this part,

families who are attempting through work activities to transition

off of such assistance program, and families who are at risk of

becoming dependent on such assistance program.

(c) Application of Child Care and Development Block Grant Act of

1990

Notwithstanding any other provision of law, amounts provided to a

State under this section shall be transferred to the lead agency

under the Child Care and Development Block Grant Act of 1990 [42

U.S.C. 9858 et seq.], integrated by the State into the programs

established by the State under such Act, and be subject to

requirements and limitations of such Act.

(d) "State" defined

As used in this section, the term "State" means each of the 50

States and the District of Columbia.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 418, as added Pub. L.

104-193, title VI, Sec. 603(b), Aug. 22, 1996, 110 Stat. 2279;

amended Pub. L. 105-33, title V, Sec. 5601, Aug. 5, 1997, 111 Stat.

644.)

-REFTEXT-

REFERENCES IN TEXT

The Child Care and Development Block Grant Act of 1990, referred

to in subsec. (c), is subchapter C (Sec. 658A et seq.) of chapter 8

of subtitle A of title VI of Pub. L. 97-35, as added by Pub. L.

101-508, title V, Sec. 5082(2), Nov. 5, 1990, 104 Stat. 1388-236,

as amended, which is classified generally to subchapter II-B (Sec.

9858 et seq.) of chapter 105 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 9801 of this title and Tables.

-MISC1-

AMENDMENTS

1997 - Subsec. (a)(1). Pub. L. 105-33, Sec. 5601(a)(1)(A), (D),

inserted "the greater of" after "equal to" in introductory

provisions and struck out concluding provisions which read

"whichever is greater."

Subsec. (a)(1)(A). Pub. L. 105-33, Sec. 5601(a)(1)(B), struck out

"the sum of" before "the total amount", substituted "expenditures"

for "amounts expended" and "subsections (g) and (i) of section 602

of this title (as in effect before October 1, 1995); or" for

"section - ", and struck out cls. (i) and (ii) which read as

follows:

"(i) 602(g) of this title (as such section was in effect before

October 1, 1995); and

"(ii) 602(i) of this title (as so in effect); or".

Subsec. (a)(1)(B). Pub. L. 105-33, Sec. 5601(a)(1)(C),

substituted "subsections" for "sections" and a period for the

semicolon at end.

Subsec. (a)(2)(B). Pub. L. 105-33, Sec. 5601(a)(2)(A), added

subpar. (B) and struck out heading and text of former subpar. (B).

Text read as follows: "Subject to subparagraph (C), the amount of a

grant awarded to a State for a fiscal year under this paragraph

shall be based on the formula used for determining the amount of

Federal payments to the State under section 603(n) of this title

(as such section was in effect before October 1, 1995)."

Subsec. (a)(2)(C). Pub. L. 105-33, Sec. 5601(a)(2)(B), added

subpar. (C) and struck out heading and text of former subpar. (C).

Text read as follows: "The Secretary shall pay to each eligible

State in a fiscal year an amount, under a grant under subparagraph

(A), equal to the Federal medical assistance percentage for such

State for fiscal year 1995 (as defined in section 1396d(b) of this

title) of so much of the expenditures by the State for child care

in such year as exceed the State set-aside for such State under

paragraph (1)(A) for such year and the amount of State expenditures

in fiscal year 1994 or 1995 (whichever is greater) that equal the

non-Federal share for the programs described in subparagraph (A) of

paragraph (1)."

Subsec. (a)(2)(D)(i). Pub. L. 105-33, Sec. 5601(a)(2)(C),

substituted "any amounts allotted" for "amounts under any grant

awarded" and "such amounts are allotted" for "the grant is made".

Subsec. (a)(5). Pub. L. 105-33, Sec. 5601(b), added par. (5).

Subsec. (d). Pub. L. 105-33, Sec. 5601(c), substituted "and" for

"or" before "the District".

EFFECTIVE DATE OF 1997 AMENDMENT

Section 5603 of title V of Pub. L. 105-33 provided that:

"(a) In General. - Except as provided in subsection (b), this

chapter [chapter 6 (Secs. 5601-5603) of subtitle F of title V of

Pub. L. 105-33, amending this section and sections 9858c, 9858i,

9858j, 9858m, and 9858n of this title] and the amendments made by

this chapter shall take effect as if included in the enactment of

title VI of the Personal Responsibility and Work Opportunity

Reconciliation Act of 1996 (Public Law 104-193; 110 Stat. 2278).

"(b) Exceptions. - The amendment made by section 5601(a)(2)(B)

[amending this section] shall take effect on October 1, 1997."

EFFECTIVE DATE

Section effective Oct. 1, 1996, see section 615 of Pub. L.

104-193, set out as an Effective Date of 1996 Amendment note under

section 9858 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 603, 609, 9858c of this

title.

-End-

-CITE-

42 USC Sec. 619 01/06/03

-EXPCITE-

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 A - Block Grants to States for Temporary Assistance for Needy

Families

-HEAD-

Sec. 619. Definitions

-STATUTE-

As used in this part:

(1) Adult

The term "adult" means an individual who is not a minor child.

(2) Minor child

The term "minor child" means an individual who -

(A) has not attained 18 years of age; or

(B) has not attained 19 years of age and is a full-time

student in a secondary school (or in the equivalent level of

vocational or technical training).

(3) Fiscal year

The term "fiscal year" means any 12-month period ending on

September 30 of a calendar year.

(4) Indian, Indian tribe, and tribal organization

(A) In general

Except as provided in subparagraph (B), the terms "Indian",

"Indian tribe", and "tribal organization" have the meaning

given such terms by section 450b of title 25.

(B) Special rule for Indian tribes in Alaska

The term "Indian tribe" means, with respect to the State of

Alaska, only the Metlakatla Indian Community of the Annette

Islands Reserve and the following Alaska Native regional

nonprofit corporations:

(i) Arctic Slope Native Association.

(ii) Kawerak, Inc.

(iii) Maniilaq Association.

(iv) Association of Village Council Presidents.

(v) Tanana Chiefs Conference.

(vi) Cook Inlet Tribal Council.

(vii) Bristol Bay Native Association.

(viii) Aleutian and Pribilof Island Association.

(ix) Chugachmuit.

(x) Tlingit Haida Central Council.

(xi) Kodiak Area Native Association.

(xii) Copper River Native Association.

(5) State

Except as otherwise specifically provided, the term "State"

means the 50 States of the United States, the District of

Columbia, the Commonwealth of Puerto Rico, the United States

Virgin Islands, Guam, and American Samoa.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 419, as added Pub. L.

104-193, title I, Sec. 103(a)(2), Aug. 22, 1996, 110 Stat. 2159.)

-MISC1-

EFFECTIVE DATE

Par. (4) of this section effective Oct. 1, 1996, with remainder

of section effective July 1, 1997, with transition rules relating

to State options to accelerate such date, rules relating to claims,

actions, and proceedings commenced before such date, rules relating

to closing out of accounts for terminated or substantially modified

programs and continuance in office of Assistant Secretary for

Family Support, and provisions relating to termination of

entitlement under AFDC program, see section 116 of Pub. L. 104-193,

as amended, set out as a note under section 601 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 20 section 9402; title 21

section 862a; title 25 section 13f.

-End-

-CITE-

42 USC Part B - Child and Family Services 01/06/03

-EXPCITE-

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 B - Child and Family Services

-HEAD-

PART B - CHILD AND FAMILY SERVICES

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-66, title XIII, Sec. 13711(a)(1), Aug. 10,

1993, 107 Stat. 649, substituted "Child and Family Services" for

"Child Welfare Services" in part B heading.

1968 - Pub. L. 90-248, title II, Sec. 240(c), Jan. 2, 1968, 81

Stat. 911, added part B heading.

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 247b-16, 280g, 300z-5, 671,

672, 673b, 674, 675, 676, 679b, 1302, 1320a-2a, 1320a-9, 5106a of

this title; title 8 sections 1255a, 1522, 1613; title 25 section

1931; title 40 section 14502.

-End-

-CITE-

42 USC subpart 1 - child welfare services 01/06/03

-EXPCITE-

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 B - Child and Family Services

subpart 1 - child welfare services

-HEAD-

SUBPART 1 - CHILD WELFARE SERVICES

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-66, title XIII, Sec. 13711(a)(1), Aug. 10,

1993, 107 Stat. 649, added subpart 1 heading.

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in sections 629a, 653, 671, 1320a-9

of this title.

-End-

-CITE-

42 USC Sec. 620 01/06/03

-EXPCITE-

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 B - Child and Family Services

subpart 1 - child welfare services

-HEAD-

Sec. 620. Authorization of appropriations

-STATUTE-

(a) For the purpose of enabling the United States, through the

Secretary, to cooperate with State public welfare agencies in

establishing, extending, and strengthening child welfare services,

there is authorized to be appropriated for each fiscal year the sum

of $325,000,000.

(b) Funds appropriated for any fiscal year pursuant to the

authorization contained in subsection (a) of this section shall be

included in the appropriation Act (or supplemental appropriation

Act) for the fiscal year preceding the fiscal year for which such

funds are available for obligation. In order to effect a transition

to this method of timing appropriation action, the preceding

sentence shall apply notwithstanding the fact that its initial

application will result in the enactment in the same year (whether

in the same appropriation Act or otherwise) of two separate

appropriations, one for the then current fiscal year and one for

the succeeding fiscal year.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 420, as added Pub. L.

90-248, title II, Sec. 240(c), Jan. 2, 1968, 81 Stat. 911; amended

Pub. L. 92-603, title IV, Sec. 412, Oct. 30, 1972, 86 Stat. 1492;

Pub. L. 96-272, title I, Sec. 103(a), June 17, 1980, 94 Stat. 516;

Pub. L. 98-369, div. B, title VI, Sec. 2663(c)(8), July 18, 1984,

98 Stat. 1166; Pub. L. 101-239, title X, Sec. 10401(a), Dec. 19,

1989, 103 Stat. 2487.)

-MISC1-

AMENDMENTS

1989 - Subsec. (a). Pub. L. 101-239 substituted "$325,000,000"

for "$266,000,000".

1984 - Subsec. (b). Pub. L. 98-369 struck out the comma after

"preceding sentence".

1980 - Pub. L. 96-272 designated existing provisions as subsec.

(a), struck out provisions that had made specific authorization of

appropriations for fiscal years 1973, 1974, 1975, and 1976, and

added subsec. (b).

1972 - Pub. L. 92-603 substituted "$196,000,000 for the fiscal

year ending June 30, 1973, $211,000,000 for the fiscal year ending

June 30, 1974, $226,000,000 for the fiscal year ending June 30,

1975, $246,000,000 for the fiscal year ending June 30, 1976, and

$266,000,000" for "$55,000,000 for the fiscal year ending June 30,

1968, $100,000,000 for the fiscal year ending June 30, 1969, and

$110,000,000".

EFFECTIVE DATE OF 1989 AMENDMENT

Section 10401(b) of Pub. L. 101-239 provided that: "The

amendments made by subsection (a) [amending this section and

sections 627 and 674 of this title] shall take effect on October 1,

1989."

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-369 effective July 18, 1984, but not to

be construed as changing or affecting any right, liability, status,

or interpretation which existed (under the provisions of law

involved) before that date, see section 2664(b) of Pub. L. 98-369,

set out as a note under section 401 of this title.

EFFECTIVE DATE OF 1972 AMENDMENT

Section 412 of Pub. L. 92-603 provided that the amendment made by

that section is effective with respect to fiscal years beginning

after June 30, 1972.

EFFECTIVE DATE

Section 240(e)(2) of Pub. L. 90-248 provided that: "Part B of

title IV of the Social Security Act (as added by subsection (c) of

this section) [this part], and the amendments made by subsections

(a) and (b) of this section [amending subchapter IV and enacting

Part A heading] shall become effective on the date this Act is

enacted [Jan. 2, 1968]."

APPROPRIATION OF FUNDS

Section 103(f) of Pub. L. 96-272 provided that:

"(1) Notwithstanding any other provision of law, funds which are

appropriated for fiscal year 1980 pursuant to section 420 of the

Social Security Act [this section], and for which States are

eligible for payment under part B of title IV of that Act [this

part], shall remain available, to the extent so provided in an

appropriation Act hereafter enacted, for payment with respect to

expenditures for child welfare services under part B of title IV of

that Act until September 30, 1981.

"(2) Section 420(b) of the Social Security Act (as added by

subsection (a) of this section) shall apply only with respect to

appropriation Acts, which appropriate funds for fiscal years after

fiscal year 1981 pursuant to the authorization contained in section

420 of the Social Security Act, enacted after the date of enactment

of this Act [June 17, 1980]."

STATE PLANS; DATE OF DEVELOPMENT; APPROPRIATIONS, ALLOTMENTS, AND

REALLOTMENTS

Section 240(f)(1), (2) of Pub. L. 90-248 provided that: "In the

case of any State which has a plan developed as provided in part 3

of title V of the Social Security Act [part 3 of subchapter V of

this chapter] as in effect prior to the enactment of this Act [Jan.

2, 1968] -

"(1) such plan shall be treated as a plan developed, as

provided in part B of title IV of such Act [this part], on the

date this Act is enacted [Jan. 2, 1968];

"(2) any sums appropriated, allotted, or reallotted pursuant to

part 3 of title V; for the fiscal year ending June 30, 1968,

shall be deemed appropriated, allotted, or reallotted (as the

case may be) under part B of title IV of such Act [this part] for

such fiscal year;"

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 621 of this title.

-End-

-CITE-

42 USC Sec. 621 01/06/03

-EXPCITE-

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 B - Child and Family Services

subpart 1 - child welfare services

-HEAD-

Sec. 621. Allotments to States

-STATUTE-

(a) Allotment formula

The sum appropriated pursuant to section 620 of this title for

each fiscal year shall be allotted by the Secretary for use by

cooperating State public welfare agencies which have plans

developed jointly by the State agency and the Secretary as follows:

He shall first allot $70,000 to each State, and shall then allot to

each State an amount which bears the same ratio to the remainder of

such sum as the product of (1) the population of the State under

the age of twenty-one and (2) the allotment percentage of the State

(as determined under this section) bears to the sum of the

corresponding products of all the States.

(b) Allotment percentage

The "allotment percentage" for any State shall be 100 per centum

less the State percentage; and the State percentage shall be the

percentage which bears the same ratio to 50 per centum as the per

capita income of such State bears to the per capita income of the

United States; except that (1) the allotment percentage shall in no

case be less than 30 per centum or more than 70 per centum, and (2)

the allotment percentage shall be 70 per centum in the case of

Puerto Rico, the Virgin Islands, Guam, and American Samoa.

(c) Promulgation of allotment percentage

The allotment percentage for each State shall be promulgated by

the Secretary between October 1 and November 30 of each

even-numbered year, on the basis of the average per capita income

of each State and of the United States for the three most recent

calendar years for which satisfactory data are available from the

Department of Commerce. Such promulgation shall be conclusive for

each of the two fiscal years in the period beginning October 1 next

succeeding such promulgation.

(d) "United States" defined

For purposes of this section, the term "United States" means the

fifty States and the District of Columbia.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 421, as added Pub. L.

90-248, title II, Sec. 240(c), Jan. 2, 1968, 81 Stat. 912; amended

Pub. L. 96-272, title I, Sec. 103(a), June 17, 1980, 94 Stat. 516;

Pub. L. 100-203, title IX, Sec. 9135(b)(2), Dec. 22, 1987, 101

Stat. 1330-315.)

-MISC1-

AMENDMENTS

1987 - Subsec. (b). Pub. L. 100-203 substituted "Guam, and

American Samoa" for "and Guam".

1980 - Pub. L. 96-272 designated existing provisions as subsec.

(a) and added subsecs. (b) to (d).

EFFECTIVE DATE OF 1987 AMENDMENT

Section 9135(c) of Pub. L. 100-203 provided that: "The amendments

made by this section [amending this section and sections 1301 and

1397b of this title] shall apply with respect to fiscal years

beginning on or after October 1, 1988."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 624, 628, 629c, 629g of

this title.

-End-

-CITE-

42 USC Sec. 622 01/06/03

-EXPCITE-

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 B - Child and Family Services

subpart 1 - child welfare services

-HEAD-

Sec. 622. State plans for child welfare services

-STATUTE-

(a) Joint development

In order to be eligible for payment under this subpart, a State

must have a plan for child welfare services which has been

developed jointly by the Secretary and the State agency designated

pursuant to subsection (b)(1) of this section, and which meets the

requirements of subsection (b) of this section.

(b) Requisite features of State plans

Each plan for child welfare services under this subpart shall -

(1) provide that (A) the individual or agency that administers

or supervises the administration of the State's services program

under subchapter XX of this chapter will administer or supervise

the administration of the plan (except as otherwise provided in

section 103(d) of the Adoption Assistance and Child Welfare Act

of 1980), and (B) to the extent that child welfare services are

furnished by the staff of the State agency or local agency

administering the plan, a single organizational unit in such

State or local agency, as the case may be, will be responsible

for furnishing such child welfare services;

(2) provide for coordination between the services provided for

children under the plan and the services and assistance provided

under subchapter XX of this chapter, under the State program

funded under part A of this subchapter, under the State plan

approved under subpart 2 of this part, under the State plan

approved under the State plan approved (!1) under part E of this

subchapter, and under other State programs having a relationship

to the program under this subpart, with a view to provision of

welfare and related services which will best promote the welfare

of such children and their families;

(3) provide that the standards and requirements imposed with

respect to child day care under subchapter XX of this chapter

shall apply with respect to day care services under this subpart,

except insofar as eligibility for such services is involved;

(4) provide for the training and effective use of paid

paraprofessional staff, with particular emphasis on the full-time

or part-time employment of persons of low income, as community

service aides, in the administration of the plan, and for the use

of nonpaid or partially paid volunteers in providing services and

in assisting any advisory committees established by the State

agency;

(5) contain a description of the services to be provided and

specify the geographic areas where such services will be

available;

(6) contain a description of the steps which the State will

take to provide child welfare services and to make progress in -

(A) covering additional political subdivisions,

(B) reaching additional children in need of services, and

(C) expanding and strengthening the range of existing

services and developing new types of services,

along with a description of the State's child welfare services

staff development and training plans;

(7) provide, in the development of services for children, for

utilization of the facilities and experience of voluntary

agencies in accordance with State and local programs and

arrangements, as authorized by the State;

(8) provide that the agency administering or supervising the

administration of the plan will furnish such reports, containing

such information, and participate in such evaluations, as the

Secretary may require;

(9) provide for the diligent recruitment of potential foster

and adoptive families that reflect the ethnic and racial

diversity of children in the State for whom foster and adoptive

homes are needed;

(10) provide assurances that the State -

(A) since June 17, 1980, has completed an inventory of all

children who, before the inventory, had been in foster care

under the responsibility of the State for 6 months or more,

which determined -

(i) the appropriateness of, and necessity for, the foster

care placement;

(ii) whether the child could or should be returned to the

parents of the child or should be freed for adoption or other

permanent placement; and

(iii) the services necessary to facilitate the return of

the child or the placement of the child for adoption or legal

guardianship;

(B) is operating, to the satisfaction of the Secretary -

(i) a statewide information system from which can be

readily determined the status, demographic characteristics,

location, and goals for the placement of every child who is

(or, within the immediately preceding 12 months, has been) in

foster care;

(ii) a case review system (as defined in section 675(5) of

this title) for each child receiving foster care under the

supervision of the State;

(iii) a service program designed to help children -

(I) where safe and appropriate, return to families from

which they have been removed; or

(II) be placed for adoption, with a legal guardian, or,

if adoption or legal guardianship is determined not to be

appropriate for a child, in some other planned, permanent

living arrangement; and

(iv) a preplacement preventive services program designed to

help children at risk of foster care placement remain safely

with their families; and

(C)(i) has reviewed (or within 12 months after October 31,

1994, will review) State policies and administrative and

judicial procedures in effect for children abandoned at or

shortly after birth (including policies and procedures

providing for legal representation of such children); and

(ii) is implementing (or within 24 months after October 31,

1994, will implement) such policies and procedures as the State

determines, on the basis of the review described in clause (i),

to be necessary to enable permanent decisions to be made

expeditiously with respect to the placement of such children;

(11) contain a description, developed after consultation with

tribal organizations (as defined in section 450b of title 25) in

the State, of the specific measures taken by the State to comply

with the Indian Child Welfare Act [25 U.S.C. 1901 et seq.];

(12) contain assurances that the State shall develop plans for

the effective use of cross-jurisdictional resources to facilitate

timely adoptive or permanent placements for waiting children;

(13) contain a description of the activities that the State has

undertaken for children adopted from other countries, including

the provision of adoption and post-adoption services; and

(14) provide that the State shall collect and report

information on children who are adopted from other countries and

who enter into State custody as a result of the disruption of a

placement for adoption or the dissolution of an adoption,

including the number of children, the agencies who handled the

placement or adoption, the plans for the child, and the reasons

for the disruption or dissolution.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 422, as added and amended

Pub. L. 90-248, title II, Sec. 240(c), (d), Jan. 2, 1968, 81 Stat.

912, 915; Pub. L. 93-647, Sec. 3(a)(6), (7), (h), Jan. 4, 1975, 88

Stat. 2348, 2349; Pub. L. 96-272, title I, Sec. 103(a), June 17,

1980, 94 Stat. 517; Pub. L. 101-239, title X, Sec. 10403(b)(1),

Dec. 19, 1989, 103 Stat. 2488; Pub. L. 103-66, title XIII, Sec.

13711(b)(1), Aug. 10, 1993, 107 Stat. 655; Pub. L. 103-382, title

V, Sec. 554, 108 Stat. 4057; Pub. L. 103-432, title II, Secs.

202(a), 204(a), Oct. 31, 1994, 108 Stat. 4453, 4456; Pub. L.

104-193, title I, Sec. 108(b), Aug. 22, 1996, 110 Stat. 2165; Pub.

L. 105-33, title V, Sec. 5592(a)(1)(A), (2), Aug. 5, 1997, 111

Stat. 644; Pub. L. 105-89, title I, Sec. 102(1), title II, Sec.

202(a), Nov. 19, 1997, 111 Stat. 2117, 2125; Pub. L. 105-200, title

IV, Sec. 410(b), July 16, 1998, 112 Stat. 673; Pub. L. 106-279,

title II, Sec. 205, Oct. 6, 2000, 114 Stat. 837.)

-REFTEXT-

REFERENCES IN TEXT

Section 103(d) of the Adoption Assistance and Child Welfare Act

of 1980, referred to in subsec. (b)(1), is section 103(d) of Pub.

L. 96-272, which is set out as a note below.

Parts A and E of this subchapter, referred to in subsec. (b)(2),

are classified to sections 601 et seq. and 670 et seq. of this

title.

The Indian Child Welfare Act, referred to in subsec. (b)(10),

probably means the Indian Child Welfare Act of 1978, Pub. L.

95-608, Nov. 8, 1978, 92 Stat. 3069, as amended, which is

classified principally to chapter 21 (Sec. 1901 et seq.) of Title

25, Indians. For complete classification of this Act to the Code,

see Short Title note set out under section 1901 of Title 25 and

Tables.

-MISC1-

AMENDMENTS

2000 - Subsec. (b)(13), (14). Pub. L. 106-279 added pars. (13)

and (14).

1998 - Subsec. (b)(2). Pub. L. 105-200 struck out "under" before

"the State plan approved under part E of this subchapter".

1997 - Subsec. (b)(9). Pub. L. 105-33, Sec. 5592(a)(2), made

technical amendment to directory language of Pub. L. 103-432, Sec.

204(a)(2). See 1994 Amendment note below.

Pub. L. 105-33, Sec. 5592(a)(1)(A)(iii), redesignated par. (9),

relating to providing assurances that the State has met certain

requirements to protect foster children, as (10).

Pub. L. 105-33, Sec. 5592(a)(1)(A)(i), amended par. (9) relating

to diligent recruitment of potential foster and adoptive families

by substituting a semicolon for period at end.

Subsec. (b)(10). Pub. L. 105-33, Sec. 5592(a)(1)(A)(iii),

redesignated par. (9), relating to providing assurances that the

State has met certain requirements to protect foster children, as

(10). Former par. (10) redesignated (11).

Subsec. (b)(10)(B). Pub. L. 105-89, Sec. 102(1), in cl. (iii)(I)

inserted "safe and" after "where" and in cl. (iv) inserted "safely"

after "remain".

Subsec. (b)(11). Pub. L. 105-33, Sec. 5592(a)(1)(A)(ii),

redesignated par. (10) as (11).

Subsec. (b)(12). Pub. L. 105-89, Sec. 202(a), added par. (12).

1996 - Subsec. (b)(2). Pub. L. 104-193 substituted "program

funded under part A of this subchapter" for "plan approved under

part A of this subchapter" and "under the State plan approved under

part E of this subchapter" for "part E of this subchapter".

1994 - Subsec. (b)(7). Pub. L. 103-432, Sec. 202(a)(1), which

directed amendment of par. (7) by striking out "and" at end, could

not be executed because "and" did not appear at end subsequent to

amendment by Pub. L. 103-382, Sec. 554(1). See below.

Pub. L. 103-382, Sec. 554(1), struck out "and" at end.

Subsec. (b)(8). Pub. L. 103-432, Sec. 204(a)(1), struck out "and"

at end.

Pub. L. 103-432, Sec. 202(a)(2), which directed amendment of par.

(8) by substituting "; and" for period at end, could not be

executed because there was no period at end subsequent to amendment

by Pub. L. 103-382, Sec. 554(2). See below.

Pub. L. 103-382, Sec. 554(2), substituted "; and" for period at

end.

Subsec. (b)(9). Pub. L. 103-432, Sec. 204(a)(2), as amended by

Pub. L. 105-33, Sec. 5592(a)(2), substituted "; and" for period at

end of par. (9) relating to providing assurances that the State has

met certain requirements to protect foster children.

Pub. L. 103-432, Sec. 202(a)(3), added par. (9) relating to

providing assurances that the State has met certain requirements to

protect foster children.

Pub. L. 103-382, Sec. 554(3), added par. (9) relating to diligent

recruitment of potential foster and adoptive families.

Subsec. (b)(10). Pub. L. 103-432, Sec. 204(a)(3), added par.

(10).

1993 - Subsec. (a). Pub. L. 103-66, Sec. 13711(b)(1)(A),

substituted "under this subpart" for "under this part".

Subsec. (b). Pub. L. 103-66, Sec. 13711(b)(1)(B), substituted

"this subpart" for "this part" in introductory provisions.

Subsec. (b)(2). Pub. L. 103-66, Sec. 13711(b)(1)(B), (C),

inserted "under the State plan approved under subpart 2 of this

part," after "part A of this subchapter," and substituted "under

this subpart" for "under this part".

Subsec. (b)(3). Pub. L. 103-66, Sec. 13711(b)(1)(B), substituted

"under this subpart" for "under this part".

1989 - Subsec. (b)(1)(A). Pub. L. 101-239 substituted "the

individual or agency that administers or supervises the

administration of the State's services program under subchapter XX

of this chapter" for "the individual or agency designated pursuant

to section 1397b(d)(1)(C) of this title to administer or supervise

the administration of the State's services program".

1980 - Pub. L. 96-272 substituted provisions relating to State

plans covering child welfare services for provisions relating to

the payments to States and the computation of amounts. See section

623 of this title.

1975 - Subsec. (a)(1)(A)(i). Pub. L. 93-647, Sec. 3(a)(6),

substituted "the individual or agency designated pursuant to

section 1397b(d)(1)(C) of this title to administer or supervise the

administration of the State's services program" for "the State

agency designated pursuant to section 602(a)(3) of this title to

administer or supervise the administration of the plan of the State

approved under part A of this subchapter".

Subsec. (a)(i)(A)(ii). Pub. L. 93-647, Sec. 3(a)(7), substituted

"a single organizational unit in such State or local agency, as the

case may be," for "the organizational unit in such State or local

agency established pursuant to section 602(a)(15) of this title".

Subsec. (c). Pub. L. 93-647, Sec. 3(h), added subsec. (c).

1968 - Subsec. (a)(1). Pub. L. 90-248, Sec. 240(d), added subpar.

(A) and redesignated former subpars. (A) and (B) as (B) and (C),

respectively.

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-279 effective Oct. 6, 2000, with

transition rule, see section 505(a)(1), (b) of Pub. L. 106-279, set

out as an Effective Dates; Transition Rule note under section 14901

of this title.

EFFECTIVE DATE OF 1997 AMENDMENTS

Section 501 of Pub. L. 105-89 provided that:

"(a) In General. - Except as otherwise provided in this Act

[enacting sections 673b, 678, and 679b of this title, amending this

section, sections 603, 629, 629a, 629b, 653, 671 to 673, 674, 675,

677, and 1320a-9 of this title, and sections 645 and 901 of Title

2, The Congress, enacting provisions set out as notes under

sections 613, 629a, 671, 673, 675, 679b, 1305, 1320a-9, 5111, and

5113 of this title, and amending provisions set out as a note under

section 670 of this title], the amendments made by this Act take

effect on the date of enactment of this Act [Nov. 19, 1997].

"(b) Delay Permitted if State Legislation Required. - In the case

of a State plan under part B or E of title IV of the Social

Security Act [this part and part E of this subchapter] which the

Secretary of Health and Human Services determines requires State

legislation (other than legislation appropriating funds) in order

for the plan to meet the additional requirements imposed by the

amendments made by this Act, the State plan shall not be regarded

as failing to comply with the requirements of such part solely on

the basis of the failure of the plan to meet such additional

requirements before the first day of the first calendar quarter

beginning after the close of the first regular session of the State

legislature that begins after the date of enactment of this Act

[Nov. 19, 1997]. For purposes of the previous sentence, in the case

of a State that has a 2-year legislative session, each year of such

session shall be deemed to be a separate regular session of the

State legislature."

Section 5593 of title V of Pub. L. 105-33 provided that: "The

amendments made by this chapter [chapter 5 (Secs. 5591-5593) of

subtitle F of title V of Pub. L. 105-33, amending this section and

sections 624, 625, 628b, 671, and 672 of this title] shall take

effect as if included in the enactment of title V of the Personal

Responsibility and Work Opportunity Reconciliation Act of 1996

(Public Law 104-193; 110 Stat. 2277)."

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-193 effective July 1, 1997, with

transition rules relating to State options to accelerate such date,

rules relating to claims, actions, and proceedings commenced before

such date, rules relating to closing out of accounts for terminated

or substantially modified programs and continuance in office of

Assistant Secretary for Family Support, and provisions relating to

termination of entitlement under AFDC program, see section 116 of

Pub. L. 104-193, as amended, set out as an Effective Date note

under section 601 of this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Section 202(e) of Pub. L. 103-432 provided that: "The amendments

and repeal made by this section [amending this section and sections

623 to 625 and 672 of this title and repealing section 627 of this

title] shall be effective with respect to fiscal years beginning on

or after April 1, 1996."

Section 204(b) of Pub. L. 103-432 provided that: "The amendments

made by subsection (a) [amending this section] shall be effective

with respect to fiscal years beginning on or after October 1,

1995."

EFFECTIVE DATE OF 1993 AMENDMENT

Section 13711(c) of Pub. L. 103-66 provided that: "The amendments

made by this section [enacting sections 629 to 629e of this title

and amending this section and sections 623, 628, and 671 of this

title] shall be effective with respect to calendar quarters

beginning on or after October 1, 1993."

EFFECTIVE DATE OF 1989 AMENDMENT

Section 10403(b)(2) of Pub. L. 101-239 provided that: "The

amendment made by paragraph (1) [amending this section] shall take

effect as if such amendment had been included in section 1883(e)(1)

of the Tax Reform Act of 1986 [Pub. L. 99-514, amending section

1397b of this title] on the date of the enactment of such Act [Oct.

22, 1986]."

EFFECTIVE DATE OF 1975 AMENDMENT

Amendment by section 3 of Pub. L. 93-647 effective with respect

to payments under sections 603 and 803 of this title for quarters

commencing after Sept. 30, 1975, except that amendment by section

3(a) of Pub. L. 93-647 not effective with respect to the

Commonwealth of Puerto Rico, the Virgin Islands, or Guam, see

section 7(b) of Pub. L. 93-647, set out as a note under section 303

of this title.

EFFECTIVE DATE OF 1968 AMENDMENT; DIFFERENT STATE AGENCIES FOR

ADMINISTRATION OF STATE PLANS UNDER PARTS A AND B

Section 240(e)(3) of Pub. L. 90-248 provided that: "The

amendments made by paragraphs (1) and (2) of subsection (d)

[amending this section] shall become effective July 1, 1969, except

that (A) if on the date of enactment of this Act [Jan. 2, 1968] the

agency of a State administering its plan for child-welfare services

developed under part B of title IV of the Social Security Act [this

part] is different from the agency of the State designated pursuant

to section 402(a)(3) of such Act [section 602(a)(3) of this title],

so much of paragraph (1) of section 422(a) of such Act [subsec. (a)

of this section] as precedes subparagraph (B) (as added by

paragraph (2) of such subsection (d)) shall not apply with respect

to such agencies but only so long as such agencies of the State are

different, and (B) if on such date the local agency administering

the plan of a State for child-welfare services developed under part

B of title IV of the Social Security Act [this part] is different

from the local agency in such subdivision administering the plan of

such State under part A of title IV of such Act [part A of this

subchapter], so much of such paragraph (1) as precedes such

subparagraph (B) shall not apply with respect to such local

agencies but only so long as such local agencies are different."

FINDINGS AND PURPOSE

Section 552 of Pub. L. 103-382 provided that:

"(a) Findings. - The Congress finds that -

"(1) nearly 500,000 children are in foster care in the United

States;

"(2) tens of thousands of children in foster care are waiting

for adoption;

"(3) 2 years and 8 months is the median length of time that

children wait to be adopted;

"(4) child welfare agencies should work to eliminate racial,

ethnic, and national origin discrimination and bias in adoption

and foster care recruitment, selection, and placement procedures;

and

"(5) active, creative, and diligent efforts are needed to

recruit foster and adoptive parents of every race, ethnicity, and

culture in order to facilitate the placement of children in

foster and adoptive homes which will best meet each child's

needs.

"(b) Purpose. - It is the purpose of this subpart [subpart 1 of

part E of title V of Pub. L. 103-382, enacting section 5115a of

this title, amending this section, and enacting provisions set out

as a note under section 1305 of this title] to promote the best

interests of children by -

"(1) decreasing the length of time that children wait to be

adopted;

"(2) preventing discrimination in the placement of children on

the basis of race, color, or national origin; and

"(3) facilitating the identification and recruitment of foster

and adoptive families that can meet children's needs."

GUAM, PUERTO RICO, VIRGIN ISLANDS, AND COMMONWEALTH OF NORTHERN

MARIANA ISLANDS

Section 103(c) of Pub. L. 96-272 provided that in the case of

Guam, Puerto Rico, the Virgin Islands, and the Commonwealth of the

Northern Mariana Islands, subsec. (b)(1) of this section (as

otherwise amended by section 103(a) of Pub. L. 96-272), is deemed

to read as follows:

"(1) provide that (A) the State agency designated pursuant to

section 602(a)(3) of this title to administer or supervise the

administration of the plan of the State approved under part A of

this subchapter will administer or supervise the administration of

such plan for child welfare services, and (B) to the extent that

child welfare services are furnished by the staff of the State

agency or local agency administering such plan for child welfare

services, the organizational unit in such State or local agency

established pursuant to section 602(a)(15) of this title will be

responsible for furnishing such child welfare services;".

ADMINISTRATION OF STATE PLAN FOR CHILD WELFARE SERVICES BY

NON-DESIGNATED AGENCY

Section 103(d) of Pub. L. 96-272 provided that: "Notwithstanding

section 422(b)(1) of the Social Security Act (as amended by

subsection (a) of this section) [subsec. (b)(1) of this section] if

on December 1, 1974, the agency of a State administering its plan

for child welfare services under part B of title IV of that Act

[this part] was not the agency designated pursuant to section

402(a)(3) of that Act [section 602(a)(3) of this title], such

section 422(b)(1) shall not apply with respect to such agency, but

only so long as such agency is not the agency designated under

section 2003(d)(1)(C) of that Act [section 1397b(d)(1)(C) of this

title]; and if on December 1, 1974, the local agency administering

the plan of a State under part B of title IV of that Act in a

subdivision of the State was not the local agency in such

subdivision administering the plan of such State under part A of

that title [part A of this subchapter], such section 422(b)(1)

shall not apply with respect to such local agency, but only so long

as such local agency is not the local agency administering the

program of the State for the provision of services under title XX

of that Act [subchapter XX of this chapter]."

OVERPAYMENTS OR UNDERPAYMENTS

Section 240(f)(3) of Pub. L. 90-248 provided that in the case of

any State which has a plan developed as provided in part 3 of this

subchapter as in effect prior to Jan. 2, 1968, sections 721 to 728

of this title, "any overpayment or underpayment which the Secretary

determines was made to the State under section 523 of the Social

Security Act [section 723 of this title] and with respect to which

adjustment has not then already been made under subsection (b) of

such section shall, for purposes of section 422 of such Act [this

section], be considered an overpayment or underpayment (as the case

may be) made under section 422 of such Act."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 623, 624, 625, 672,

1320a-9, 14914 of this title.

-FOOTNOTE-

(!1) So in original.

-End-

-CITE-

42 USC Sec. 623 01/06/03

-EXPCITE-

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 B - Child and Family Services

subpart 1 - child welfare services

-HEAD-

Sec. 623. Payment to States

-STATUTE-

(a) Payment schedule

From the sums appropriated therefor and the allotment under this

subpart, subject to the conditions set forth in this section, the

Secretary shall from time to time pay to each State that has a plan

developed in accordance with section 622 of this title an amount

equal to 75 per centum of the total sum expended under the plan

(including the cost of administration of the plan) in meeting the

costs of State, district, county, or other local child welfare

services.

(b) Computation and method of payment

The method of computing and making payments under this section

shall be as follows:

(1) The Secretary shall, prior to the beginning of each period

for which a payment is to be made, estimate the amount to be paid

to the State for such period under the provisions of this

section.

(2) From the allotment available therefor, the Secretary shall

pay the amount so estimated, reduced or increased, as the case

may be, by any sum (not previously adjusted under this section)

by which he finds that his estimate of the amount to be paid the

State for any prior period under this section was greater or less

than the amount which should have been paid to the State for such

prior period under this section.

(c) Prohibited payments; exceptions

(1) No payment may be made to a State under this part, for any

fiscal year beginning after September 30, 1979, with respect to

State expenditures made for (A) child day care necessary solely

because of the employment, or training to prepare for employment,

of a parent or other relative with whom the child involved is

living, (B) foster care maintenance payments, and (C) adoption

assistance payments, to the extent that the Federal payment with

respect to those expenditures would exceed the total amount of the

Federal payment under this part for fiscal year 1979.

(2) Expenditures made by a State for any fiscal year which begins

after September 30, 1979, for foster care maintenance payments

shall be treated for purposes of making Federal payments under this

part with respect to expenditures for child welfare services, as if

such foster care maintenance payments constituted child welfare

services of a type to which the limitation imposed by paragraph (1)

does not apply; except that the amount payable to the State with

respect to expenditures made for other child welfare services and

for foster care maintenance payments during any such year shall not

exceed 100 per centum of the amount of the expenditures made for

child welfare services for which payment may be made under the

limitation imposed by paragraph (1) as in effect without regard to

this paragraph.

(d) Minimum State expenditures

No payment may be made to a State under this part in excess of

the payment made under this part for fiscal year 1979, for any

fiscal year beginning after September 30, 1979, if for the latter

fiscal year the total of the State's expenditures for child welfare

services under this part (excluding expenditures for activities

specified in subsection (c)(1) of this section) is less than the

total of the State's expenditures under this part (excluding

expenditures for such activities) for fiscal year 1979.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 423, as added Pub. L.

90-248, title II, Sec. 240(c), Jan. 2, 1968, 81 Stat. 913; amended

Pub. L. 94-273, Sec. 22, Apr. 21, 1976, 90 Stat. 379; Pub. L.

96-272, title I, Sec. 103(a), June 17, 1980, 94 Stat. 518; Pub. L.

103-66, title XIII, Sec. 13711(b)(2), Aug. 10, 1993, 107 Stat. 655;

Pub. L. 103-432, title II, Sec. 202(d)(1), Oct. 31, 1994, 108 Stat.

4454.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-432 struck out "and in section

627 of this title" after "set forth in this section".

1993 - Subsec. (a). Pub. L. 103-66 substituted "under this

subpart" for "under this part".

1980 - Pub. L. 96-272 substituted provisions covering payments to

States for provisions relating to allotment percentages and Federal

share.

1976 - Subsec. (c). Pub. L. 94-273 substituted "October" for

"July" wherever appearing and "November 30" for "August 31".

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-432 effective with respect to fiscal

years beginning on or after Apr. 1, 1996, see section 202(e) of

Pub. L. 103-432, set out as a note under section 622 of this title.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-66 effective with respect to calendar

quarters beginning on or after Oct. 1, 1993, see section 13711(c)

of Pub. L. 103-66, set out as a note under section 622 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 621, 673b of this title.

-End-

-CITE-

42 USC Sec. 624 01/06/03

-EXPCITE-

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 B - Child and Family Services

subpart 1 - child welfare services

-HEAD-

Sec. 624. Reallotment

-STATUTE-

(a) In general

Subject to subsection (b) of this section, the amount of any

allotment to a State under section 621 of this title for any fiscal

year which the State certifies to the Secretary will not be

required for carrying out the State plan developed as provided in

section 622 of this title shall be available for reallotment from

time to time, on such dates as the Secretary may fix, to other

States which the Secretary determines (1) have need in carrying out

their State plans so developed for sums in excess of those

previously allotted to them under section 621 of this title and (2)

will be able to use such excess amounts during such fiscal year.

Such reallotments shall be made on the basis of the State plans so

developed, after taking into consideration the population under the

age of twenty-one, and the per capita income of each such State as

compared with the population under the age of twenty-one, and the

per capita income of all such States with respect to which such a

determination by the Secretary has been made. Any amount so

reallotted to a State shall be deemed part of its allotment under

section 621 of this title.

(b) Exception relating to foster child protections

The Secretary shall not reallot under subsection (a) of this

section any amount that is withheld or recovered from a State due

to the failure of the State to meet the requirements of section

622(b)(10) of this title.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 424, as added Pub. L.

90-248, title II, Sec. 240(c), Jan. 2, 1968, 81 Stat. 914; amended

Pub. L. 96-272, title I, Sec. 103(a), June 17, 1980, 94 Stat. 519;

Pub. L. 103-432, title II, Sec. 202(b), Oct. 31, 1994, 108 Stat.

4454; Pub. L. 105-33, title V, Sec. 5592(a)(1)(B), Aug. 5, 1997,

111 Stat. 644.)

-MISC1-

AMENDMENTS

1997 - Subsec. (b). Pub. L. 105-33 substituted "section

622(b)(10)" for "section 622(b)(9)".

1994 - Pub. L. 103-432 designated existing provisions as subsec.

(a), inserted heading, substituted "Subject to subsection (b) of

this section, the amount" for "The amount", and added subsec. (b).

1980 - Pub. L. 96-272 reenacted section without substantial

change.

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-33 effective as if included in the

enactment of title V of the Personal Responsibility and Work

Opportunity Reconciliation Act of 1996, Pub. L. 104-193, see

section 5593 of Pub. L. 105-33, set out as a note under section 622

of this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-432 effective with respect to fiscal

years beginning on or after Apr. 1, 1996, see section 202(e) of

Pub. L. 103-432, set out as a note under section 622 of this title.

-End-

-CITE-

42 USC Sec. 625 01/06/03

-EXPCITE-

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 B - Child and Family Services

subpart 1 - child welfare services

-HEAD-

Sec. 625. Definitions

-STATUTE-

(a)(1) For purposes of this subchapter, the term "child welfare

services" means public social services which are directed toward

the accomplishment of the following purposes: (A) protecting and

promoting the welfare of all children, including handicapped,

homeless, dependent, or neglected children; (B) preventing or

remedying, or assisting in the solution of problems which may

result in, the neglect, abuse, exploitation, or delinquency of

children; (C) preventing the unnecessary separation of children

from their families by identifying family problems, assisting

families in resolving their problems, and preventing breakup of the

family where the prevention of child removal is desirable and

possible; (D) restoring to their families children who have been

removed, by the provision of services to the child and the

families; (E) placing children in suitable adoptive homes, in cases

where restoration to the biological family is not possible or

appropriate; and (F) assuring adequate care of children away from

their homes, in cases where the child cannot be returned home or

cannot be placed for adoption.

(2) Funds expended by a State for any calendar quarter to comply

with section 622(b)(10) or 676(b) of this title, and funds expended

with respect to nonrecurring costs of adoption proceedings in the

case of children placed for adoption with respect to whom

assistance is provided under a State plan for adoption assistance

approved under part E of this subchapter, shall be deemed to have

been expended for child welfare services.

(b) For other definitions relating to this part and to part E of

this subchapter, see section 675 of this title.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 425, as added Pub. L.

90-248, title II, Sec. 240(c), Jan. 2, 1968, 81 Stat. 914; amended

Pub. L. 96-272, title I, Sec. 103(a), June 17, 1980, 94 Stat. 519;

Pub. L. 103-432, title II, Sec. 202(d)(2), Oct. 31, 1994, 108 Stat.

4454; Pub. L. 105-33, title V, Sec. 5592(a)(1)(B), Aug. 5, 1997,

111 Stat. 644.)

-REFTEXT-

REFERENCES IN TEXT

Part E of this subchapter, referred to in text, is classified to

section 670 et seq. of this title.

-MISC1-

AMENDMENTS

1997 - Subsec. (a)(2). Pub. L. 105-33 substituted "section

622(b)(10)" for "section 622(b)(9)".

1994 - Subsec. (a)(2). Pub. L. 103-432 substituted "section

622(b)(9) or 676(b) of this title" for "the statistical report

required by section 676(b) of this title".

1980 - Pub. L. 96-272 revised definition of "child-welfare

services", designated that definition as subsec. (a)(1), and added

subsecs. (a)(2) and (b).

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-33 effective as if included in the

enactment of title V of the Personal Responsibility and Work

Opportunity Reconciliation Act of 1996, Pub. L. 104-193, see

section 5593 of Pub. L. 105-33, set out as a note under section 622

of this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-432 effective with respect to fiscal

years beginning on or after Apr. 1, 1996, see section 202(e) of

Pub. L. 103-432, set out as a note under section 622 of this title.

-End-

-CITE-

42 USC Sec. 626 01/06/03

-EXPCITE-

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 B - Child and Family Services

subpart 1 - child welfare services

-HEAD-

Sec. 626. Research, training, or demonstration projects

-STATUTE-

(a) Authorization of appropriations

There are hereby authorized to be appropriated for each fiscal

year such sums as the Congress may determine -

(1) for grants by the Secretary -

(A) to public or other nonprofit institutions of higher

learning, and to public or other nonprofit agencies and

organizations engaged in research or child-welfare activities,

for special research or demonstration projects in the field of

child welfare which are of regional or national significance

and for special projects for the demonstration of new methods

or facilities which show promise of substantial contribution to

the advancement of child welfare;

(B) to State or local public agencies responsible for

administering, or supervising the administration of, the plan

under this part, for projects for the demonstration of the

utilization of research (including findings resulting

therefrom) in the field of child welfare in order to encourage

experimental and special types of welfare services; and

(C) to public or other nonprofit institutions of higher

learning for special projects for training personnel for work

in the field of child welfare, including traineeships described

in section 628a of this title with such stipends and allowances

as may be permitted by the Secretary; and

(2) for contracts or jointly financed cooperative arrangements

with States and public and other organizations and agencies for

the conduct of research, special projects, or demonstration

projects relating to such matters.

(b) Appropriations for demonstration projects for development of

alternate care arrangements for infants not requiring

hospitalization

(1) There are authorized to be appropriated $4,000,000 for each

of the fiscal years 1988, 1989, and 1990 for grants by the

Secretary to public or private nonprofit entities submitting

applications under this subsection for the purpose of conducting

demonstration projects under this subsection to develop alternative

care arrangements for infants who do not have health conditions

that require hospitalization and who would otherwise remain in

inappropriate hospital settings.

(2) The demonstration projects conducted under this section may

include -

(A) multidisciplinary projects designed to prevent the

inappropriate hospitalization of infants and to allow infants

described in paragraph (1) to remain with or return to a parent

in a residential setting, where appropriate care for the infant

and suitable treatment for the parent (including treatment for

drug or alcohol addiction) may be assured, with the goal (where

possible) of rehabilitating the parent and eliminating the need

for such care for the infant;

(B) multidisciplinary projects that assure appropriate,

individualized care for such infants in a foster home or other

non-medical residential setting in cases where such infant does

not require hospitalization and would otherwise remain in

inappropriate hospital settings, including projects to

demonstrate methods to recruit, train, and retain foster care

families; and

(C) such other projects as the Secretary determines will best

serve the interests of such infants and will serve as models for

projects that agencies or organizations in other communities may

wish to develop.

(3) In the case of any project which includes the use of funds

authorized under this subsection for the care of infants in foster

homes or other non-medical residential settings away from their

parents, there shall be developed for each such infant a case plan

of the type described in section 675(1) of this title (to the

extent that such infant is not otherwise covered by such a plan),

and each such project shall include a case review system of the

type described in section 675(5) of this title (covering each such

infant who is not otherwise subject to such a system).

(4) In evaluating applications from entities proposing to conduct

demonstration projects under this subsection, the Secretary shall

give priority to those projects that serve areas most in need of

alternative care arrangements for infants described in paragraph

(1).

(5) No project may be funded unless the application therefor

contains assurances that it will -

(A) provide for adequate evaluation;

(B) provide for coordination with local governments;

(C) provide for community education regarding the inappropriate

hospitalization of infants;

(D) use, to the extent practical, other available private,

local, State, and Federal sources for the provision of direct

services; and

(E) meet such other criteria as the Secretary may prescribe.

(6) Grants may be used to pay the costs of maintenance and of

necessary medical and social services (to the extent that these

costs are not otherwise paid for under other subchapters of this

chapter), and for such other purposes as the Secretary may allow.

(7) The Secretary shall provide training and technical assistance

to grantees, as requested.

(c) Payments; advances or reimbursements; installments; conditions

Payments of grants or under contracts or cooperative arrangements

under this section may be made in advance or by way of

reimbursement, and in such installments, as the Secretary may

determine; and shall be made on such conditions as the Secretary

finds necessary to carry out the purposes of the grants, contracts,

or other arrangements.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 426, as added Pub. L.

90-248, title II, Sec. 240(c), Jan. 2, 1968, 81 Stat. 915; amended

Pub. L. 100-203, title IX, Sec. 9137, Dec. 22, 1987, 101 Stat.

1330-319; Pub. L. 103-432, title II, Sec. 205(b), Oct. 31, 1994,

108 Stat. 4457.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a)(1)(C). Pub. L. 103-432 inserted "described in

section 628a of this title" after "including traineeships".

1987 - Subsecs. (b), (c). Pub. L. 100-203 added subsec. (b) and

redesignated former subsec. (b) as (c).

EFFECTIVE DATE OF 1994 AMENDMENT

Section 205(c) of Pub. L. 103-432 provided that: "The amendments

made by this section [enacting section 628a of this title and

amending this section] shall apply to grants awarded on or after

October 1, 1995."

APPROPRIATIONS OR GRANTS

Section 240(g) of Pub. L. 90-248 provided that any appropriations

or grants made pursuant to section 726 of this title, as in effect

prior to Jan. 2, 1968, were to be deemed to have been appropriated

or made under this section.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 628a of this title.

-End-

-CITE-

42 USC Sec. 627 01/06/03

-EXPCITE-

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 B - Child and Family Services

subpart 1 - child welfare services

-HEAD-

Sec. 627. Repealed. Pub. L. 103-432, title II, Sec. 202(c), Oct.

31, 1994, 108 Stat. 4454

-MISC1-

Section, act Aug. 14, 1935, ch. 531, title IV, Sec. 427, as added

June 17, 1980, Pub. L. 96-272, title I, Sec. 103(b), 94 Stat. 519;

amended Dec. 19, 1989, Pub. L. 101-239, title X, Sec. 10401(a), 103

Stat. 2487, related to foster care protection required for

additional payments.

EFFECTIVE DATE OF REPEAL

Repeal effective with respect to fiscal years beginning on or

after Apr. 1, 1996, see section 202(e) of Pub. L. 103-432, set out

as an Effective Date of 1994 Amendment note under section 622 of

this title.

-End-

-CITE-

42 USC Sec. 628 01/06/03

-EXPCITE-

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 B - Child and Family Services

subpart 1 - child welfare services

-HEAD-

Sec. 628. Payments to Indian tribal organizations

-STATUTE-

(a) Amounts

The Secretary may, in appropriate cases (as determined by the

Secretary) make payments under this subpart directly to an Indian

tribal organization within any State which has a plan for child

welfare services approved under this subpart. Such payments shall

be made in such manner and in such amounts as the Secretary

determines to be appropriate.

(b) Inclusion in State allotment

Amounts paid under subsection (a) of this section shall be deemed

to be a part of the allotment (as determined under section 621 of

this title) for the State in which such Indian tribal organization

is located.

(c) "Indian tribe" and "tribal organization" defined

For purposes of this section, the terms "Indian tribe" and

"tribal organization" shall have the meanings given such terms by

subsections (e) and (l) of section 450b of title 25, respectively.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 428, as added Pub. L.

96-272, title I, Sec. 103(b), June 17, 1980, 94 Stat. 520; amended

Pub. L. 103-66, title XIII, Sec. 13711(b)(3), Aug. 10, 1993, 107

Stat. 655; Pub. L. 104-193, title III, Sec. 375(d), Aug. 22, 1996,

110 Stat. 2257.)

-MISC1-

AMENDMENTS

1996 - Subsec. (c). Pub. L. 104-193 amended subsec. (c)

generally. Prior to amendment, subsec. (c) read as follows: "For

purposes of this section -

"(1) the term 'tribal organization' means the recognized

governing body of any Indian tribe, or any legally established

organization of Indians which is controlled, sanctioned, or

chartered by such governing body; and

"(2) the term 'Indian tribe' means any tribe, band, nation, or

other organized group or community of Indians (including any

Alaska Native village or regional or village corporation as

defined in or established pursuant to the Alaska Native Claims

Settlement Act (Public Law 92-203; 85 Stat. 688)) which (A) is

recognized as eligible for the special programs and services

provided by the United States to Indians because of their status

as Indians, or (B) is located on, or in proximity to, a Federal

or State reservation or rancheria."

1993 - Subsec. (a). Pub. L. 103-66 substituted "under this

subpart" for "under this part" in two places.

EFFECTIVE DATE OF 1996 AMENDMENT

For effective date of amendment by Pub. L. 104-193, see section

395(a)-(c) of Pub. L. 104-193, set out as a note under section 654

of this title.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-66 effective with respect to calendar

quarters beginning on or after Oct. 1, 1993, see section 13711(c)

of Pub. L. 103-66, set out as a note under section 622 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

42 USC Sec. 628a 01/06/03

-EXPCITE-

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 B - Child and Family Services

subpart 1 - child welfare services

-HEAD-

Sec. 628a. Child welfare traineeships

-STATUTE-

The Secretary may approve an application for a grant to a public

or nonprofit institution for higher learning to provide

traineeships with stipends under section 626(a)(1)(C) of this title

only if the application -

(1) provides assurances that each individual who receives a

stipend with such traineeship (in this section referred to as a

"recipient") will enter into an agreement with the institution

under which the recipient agrees -

(A) to participate in training at a public or private

nonprofit child welfare agency on a regular basis (as

determined by the Secretary) for the period of the traineeship;

(B) to be employed for a period of years equivalent to the

period of the traineeship, in a public or private nonprofit

child welfare agency in any State, within a period of time

(determined by the Secretary in accordance with regulations)

after completing the postsecondary education for which the

traineeship was awarded;

(C) to furnish to the institution and the Secretary evidence

of compliance with subparagraphs (A) and (B); and

(D) if the recipient fails to comply with subparagraph (A) or

(B) and does not qualify for any exception to this subparagraph

which the Secretary may prescribe in regulations, to repay to

the Secretary all (or an appropriately prorated part) of the

amount of the stipend, plus interest, and, if applicable,

reasonable collection fees (in accordance with regulations

promulgated by the Secretary);

(2) provides assurances that the institution will -

(A) enter into agreements with child welfare agencies for

onsite training of recipients;

(B) permit an individual who is employed in the field of

child welfare services to apply for a traineeship with a

stipend if the traineeship furthers the progress of the

individual toward the completion of degree requirements; and

(C) develop and implement a system that, for the 3-year

period that begins on the date any recipient completes a child

welfare services program of study, tracks the employment record

of the recipient, for the purpose of determining the percentage

of recipients who secure employment in the field of child

welfare services and remain employed in the field.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 429, as added Pub. L.

103-432, title II, Sec. 205(a), Oct. 31, 1994, 108 Stat. 4456.)

-MISC1-

EFFECTIVE DATE

Section applicable to grants awarded on or after Oct. 1, 1995,

see section 205(c) of Pub. L. 103-432, set out as an Effective Date

of 1994 Amendment note under section 626 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 626 of this title.

-End-

-CITE-

42 USC Sec. 628b 01/06/03

-EXPCITE-

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 B - Child and Family Services

subpart 1 - child welfare services

-HEAD-

Sec. 628b. National random sample study of child welfare

-STATUTE-

(a) In general

The Secretary shall conduct (directly, or by grant, contract, or

interagency agreement) a national study based on random samples of

children who are at risk of child abuse or neglect, or are

determined by States to have been abused or neglected.

(b) Requirements

The study required by subsection (a) of this section shall -

(1) have a longitudinal component; and

(2) yield data reliable at the State level for as many States

as the Secretary determines is feasible.

(c) Preferred contents

In conducting the study required by subsection (a) of this

section, the Secretary should -

(1) carefully consider selecting the sample from cases of

confirmed abuse or neglect; and

(2) follow each case for several years while obtaining

information on, among other things -

(A) the type of abuse or neglect involved;

(B) the frequency of contact with State or local agencies;

(C) whether the child involved has been separated from the

family, and, if so, under what circumstances;

(D) the number, type, and characteristics of out-of-home

placements of the child; and

(E) the average duration of each placement.

(d) Reports

(1) In general

From time to time, the Secretary shall prepare reports

summarizing the results of the study required by subsection (a)

of this section.

(2) Availability

The Secretary shall make available to the public any report

prepared under paragraph (1), in writing or in the form of an

electronic data tape.

(3) Authority to charge fee

The Secretary may charge and collect a fee for the furnishing

of reports under paragraph (2).

(e) Appropriation

Out of any money in the Treasury of the United States not

otherwise appropriated, there are appropriated to the Secretary for

each of fiscal years 1996 through 2002 $6,000,000 to carry out this

section.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 429A, as added Pub. L.

104-193, title V, Sec. 503, Aug. 22, 1996, 110 Stat. 2277; amended

Pub. L. 105-33, title V, Secs. 5591(a), 5592(a)(1)(C), Aug. 5,

1997, 111 Stat. 643, 644.)

-MISC1-

AMENDMENTS

1997 - Pub. L. 105-33, Sec. 5592(a)(1)(C), transferred section in

original to end of this subpart.

Subsec. (a). Pub. L. 105-33, Sec. 5591(a), inserted "(directly,

or by grant, contract, or interagency agreement)" after "conduct".

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-33 effective as if included in the

enactment of title V of the Personal Responsibility and Work

Opportunity Reconciliation Act of 1996, Pub. L. 104-193, see

section 5593 of Pub. L. 105-33, set out as a note under section 622

of this title.

-End-

-CITE-

42 USC subpart 2 - promoting safe and stable families 01/06/03

-EXPCITE-

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 B - Child and Family Services

subpart 2 - promoting safe and stable families

-HEAD-

SUBPART 2 - PROMOTING SAFE AND STABLE FAMILIES

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in sections 622, 653, 1320a-9 of this

title.

-End-

-CITE-

42 USC Sec. 629 01/06/03

-EXPCITE-

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 B - Child and Family Services

subpart 2 - promoting safe and stable families

-HEAD-

Sec. 629. Findings and purpose

-STATUTE-

(a) Findings

The Congress finds that there is a continuing urgent need to

protect children and to strengthen families as demonstrated by the

following:

(1) Family support programs directed at specific vulnerable

populations have had positive effects on parents, children, or

both. The vulnerable populations for which programs have been

shown to be effective include teenage mothers with very young

children and families that have children with special needs.

(2) Family preservation programs have been shown to provide

extensive and intensive services to families in crisis.

(3) The time lines established by the Adoption and Safe

Families Act of 1997 have made the prompt availability of

services to address family problems (and in particular the prompt

availability of appropriate services and treatment addressing

substance abuse) an important factor in successful family

reunification.

(4) The rapid increases in the annual number of adoptions since

the enactment of the Adoption and Safe Families Act of 1997 have

created a growing need for postadoption services and for service

providers with the particular knowledge and skills required to

address the unique issues adoptive families and children may

face.

(b) Purpose

The purpose of this program is to enable States to develop and

establish, or expand, and to operate coordinated programs of

community-based family support services, family preservation

services, time-limited family reunification services, and adoption

promotion and support services to accomplish the following

objectives:

(1) To prevent child maltreatment among families at risk

through the provision of supportive family services.

(2) To assure children's safety within the home and preserve

intact families in which children have been maltreated, when the

family's problems can be addressed effectively.

(3) To address the problems of families whose children have

been placed in foster care so that reunification may occur in a

safe and stable manner in accordance with the Adoption and Safe

Families Act of 1997.

(4) To support adoptive families by providing support services

as necessary so that they can make a lifetime commitment to their

children.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 430, as added Pub. L.

103-66, title XIII, Sec. 13711(a)(2), Aug. 10, 1993, 107 Stat. 649;

amended Pub. L. 105-89, title III, Sec. 305(a)(1), (2), (b)(3)(A),

Nov. 19, 1997, 111 Stat. 2130, 2131; Pub. L. 107-133, title I, Sec.

101, Jan. 17, 2002, 115 Stat. 2414.)

-REFTEXT-

REFERENCES IN TEXT

The Adoption and Safe Families Act of 1997, referred to in

subsecs. (a)(3), (4) and (b)(3), is Pub. L. 105-89, Nov. 19, 1997,

111 Stat. 2115, as amended. For complete classification of this Act

to the Code, see Short Title of 1997 Amendment note set out under

section 1305 of this title and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 430 of act Aug. 14, 1935, was classified to

section 630 of this title prior to repeal by Pub. L. 100-485, title

II, Sec. 202(a), Oct. 13, 1988, 102 Stat. 2377.

AMENDMENTS

2002 - Pub. L. 107-133 amended section generally, substituting

subsecs. (a) and (b) relating to findings and purpose for former

subsecs. (a) to (d) relating to purposes, limitations on

authorizations of appropriations, description of amounts, inflation

percentage, and reservation of certain amounts.

1997 - Subsec. (a). Pub. L. 105-89, Sec. 305(b)(3)(A),

substituted ", community-based family support services,

time-limited family reunification services, and adoption promotion

and support services" for "and community-based family support

services".

Subsec. (b)(6) to (8). Pub. L. 105-89, Sec. 305(a)(1), added

pars. (6) to (8).

Subsec. (d). Pub. L. 105-89, Sec. 305(a)(2), substituted "1998,

1999, 2000, and 2001" for "and 1998" in pars. (1) and (2).

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-133, title III, Sec. 301, Jan. 17, 2002, 115 Stat.

2425, provided that:

"(a) In General. - Subject to subsection (b), the amendments made

by this Act [enacting sections 629f to 629i of this title and

amending this section and sections 629a, 629c, 629d, 629e, 674, and

677 of this title] shall take effect on the date of the enactment

of this Act [Jan. 17, 2002].

"(b) Delay Permitted if State Legislation Required. - In the case

of a State plan under subpart 2 of part B or part E of the Social

Security Act [probably means subpart 2 of part B or part E of title

IV of the Social Security Act (this subpart and part E of this

subchapter)] that the Secretary of Health and Human Services

determines requires State legislation (other than legislation

appropriating funds) in order for the plan to meet the additional

requirements imposed by the amendments specified in subsection (a)

of this section, the State plan shall not be regarded as failing to

comply with the requirements of such part solely on the basis of

the failure of the plan to meet the additional requirements before

the first day of the first calendar quarter beginning after the

close of the first regular session of the State legislature that

begins after the date of the enactment of this Act [Jan. 17, 2001].

For purposes of the preceding sentence, in the case of a State that

has a 2-year legislative session, each year of the session shall be

deemed to be a separate regular session of the State legislature."

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-89 effective Nov. 19, 1997, except as

otherwise provided, with delay permitted if State legislation is

required, see section 501 of Pub. L. 105-89, set out as a note

under section 622 of this title.

EFFECTIVE DATE

Subpart effective with respect to calendar quarters beginning on

or after Oct. 1, 1993, see section 13711(c) of Pub. L. 103-66, set

out as an Effective Date of 1993 Amendment note under section 622

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 629e of this title.

-End-

-CITE-

42 USC Sec. 629a 01/06/03

-EXPCITE-

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 B - Child and Family Services

subpart 2 - promoting safe and stable families

-HEAD-

Sec. 629a. Definitions

-STATUTE-

(a) In general

As used in this subpart:

(1) Family preservation services

The term "family preservation services" means services for

children and families designed to help families (including

adoptive and extended families) at risk or in crisis, including -

(A) service programs designed to help children -

(i) where safe and appropriate, return to families from

which they have been removed; or

(ii) be placed for adoption, with a legal guardian, or, if

adoption or legal guardianship is determined not to be safe

and appropriate for a child, in some other planned, permanent

living arrangement;

(B) preplacement preventive services programs, such as

intensive family preservation programs, designed to help

children at risk of foster care placement remain safely with

their families;

(C) service programs designed to provide followup care to

families to whom a child has been returned after a foster care

placement;

(D) respite care of children to provide temporary relief for

parents and other caregivers (including foster parents);

(E) services designed to improve parenting skills (by

reinforcing parents' confidence in their strengths, and helping

them to identify where improvement is needed and to obtain

assistance in improving those skills) with respect to matters

such as child development, family budgeting, coping with

stress, health, and nutrition; and

(F) infant safe haven programs to provide a way for a parent

to safely relinquish a newborn infant at a safe haven

designated pursuant to a State law.

(2) Family support services

The term "family support services" means community-based

services to promote the safety and well-being of children and

families designed to increase the strength and stability of

families (including adoptive, foster, and extended families), to

increase parents' confidence and competence in their parenting

abilities, to afford children a safe, stable, and supportive

family environment, to strengthen parental relationships and

promote healthy marriages, and otherwise to enhance child

development.

(3) State agency

The term "State agency" means the State agency responsible for

administering the program under subpart 1.

(4) State

The term "State" includes an Indian tribe or tribal

organization, in addition to the meaning given such term for

purposes of subpart 1.

(5) Tribal organization

The term "tribal organization" means the recognized governing

body of any Indian tribe.

(6) Indian tribe

The term "Indian tribe" means any Indian tribe (as defined in

section 682(i)(5) of this title, as in effect before August 22,

1986) and any Alaska Native organization (as defined in section

682(i)(7)(A) of this title, as so in effect).

(7) Time-limited family reunification services

(A) In general

The term "time-limited family reunification services" means

the services and activities described in subparagraph (B) that

are provided to a child that is removed from the child's home

and placed in a foster family home or a child care institution

and to the parents or primary caregiver of such a child, in

order to facilitate the reunification of the child safely and

appropriately within a timely fashion, but only during the

15-month period that begins on the date that the child,

pursuant to section 675(5)(F) of this title, is considered to

have entered foster care.

(B) Services and activities described

The services and activities described in this subparagraph

are the following:

(i) Individual, group, and family counseling.

(ii) Inpatient, residential, or outpatient substance abuse

treatment services.

(iii) Mental health services.

(iv) Assistance to address domestic violence.

(v) Services designed to provide temporary child care and

therapeutic services for families, including crisis

nurseries.

(vi) Transportation to or from any of the services and

activities described in this subparagraph.

(8) Adoption promotion and support services

The term "adoption promotion and support services" means

services and activities designed to encourage more adoptions out

of the foster care system, when adoptions promote the best

interests of children, including such activities as pre- and

post-adoptive services and activities designed to expedite the

adoption process and support adoptive families.

(9) Non-Federal funds

The term "non-Federal funds" means State funds, or at the

option of a State, State and local funds.

(b) Other terms

For other definitions of other terms used in this subpart, see

section 675 of this title.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 431, as added Pub. L.

103-66, title XIII, Sec. 13711(a)(2), Aug. 10, 1993, 107 Stat. 650;

amended Pub. L. 105-89, title III, Sec. 305(b)(2), (c)(2), (d)(1),

Nov. 19, 1997, 111 Stat. 2131, 2132; Pub. L. 106-169, title IV,

Sec. 401(e), Dec. 14, 1999, 113 Stat. 1858; Pub. L. 107-133, title

I, Sec. 102, Jan. 17, 2002, 115 Stat. 2415.)

-REFTEXT-

REFERENCES IN TEXT

Section 682 of this title, referred to in subsec. (a)(6), was

repealed by Pub. L. 104-193, title I, Sec. 108(e), Aug. 22, 1996,

110 Stat. 2167.

-MISC1-

PRIOR PROVISIONS

A prior section 431 of act Aug. 14, 1935, was classified to

section 631 of this title prior to repeal by Pub. L. 100-485.

AMENDMENTS

2002 - Subsec. (a)(1)(F). Pub. L. 107-133, Sec. 102(a), added

subpar. (F).

Subsec. (a)(2). Pub. L. 107-133, Sec. 102(b), inserted "to

strengthen parental relationships and promote healthy marriages,"

after "environment,".

1999 - Subsec. (a)(6). Pub. L. 106-169 inserted ", as in effect

before August 22, 1986" after "682(i)(5) of this title" and ", as

so in effect" after "682(i)(7)(A) of this title".

1997 - Subsec. (a)(1)(A). Pub. L. 105-89, Sec. 305(c)(2)(A)(i),

inserted "safe and" before "appropriate" in cls. (i) and (ii).

Subsec. (a)(1)(B). Pub. L. 105-89, Sec. 305(c)(2)(A)(ii),

inserted "safely" after "remain".

Subsec. (a)(2). Pub. L. 105-89, Sec. 305(c)(2)(B), inserted

"safety and" before "well-being of children" and substituted "safe,

stable, and supportive family" for "stable and supportive family".

Subsec. (a)(7), (8). Pub. L. 105-89, Sec. 305(b)(2), added pars.

(7) and (8).

Subsec. (a)(9). Pub. L. 105-89, Sec. 305(d)(1), added par. (9).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-133 effective Jan. 17, 2002, with delay

permitted if State legislation is required, see section 301 of Pub.

L. 107-133, set out as a note under section 629 of this title.

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-169 effective as if included in the

enactment of the Personal Responsibility and Work Opportunity

Reconciliation Act of 1996, Pub. L. 104-193, see section 401(q) of

Pub. L. 106-169, set out as a note under section 602 of this title.

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by section 305(b)(2), (c)(2) of Pub. L. 105-89

effective Nov. 19, 1997, except as otherwise provided, with delay

permitted if State legislation is required, see section 501 of Pub.

L. 105-89, set out as a note under section 622 of this title.

Section 305(d)(2) of Pub. L. 105-89 provided that: "The amendment

made by paragraph (1) [amending this section] takes effect as if

included in the enactment of section 13711 of the Omnibus Budget

Reconciliation Act of 1993 (Public Law 103-33 [103-66]; 107 Stat.

649)."

-End-

-CITE-

42 USC Sec. 629b 01/06/03

-EXPCITE-

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 B - Child and Family Services

subpart 2 - promoting safe and stable families

-HEAD-

Sec. 629b. State plans

-STATUTE-

(a) Plan requirements

A State plan meets the requirements of this subsection if the

plan -

(1) provides that the State agency shall administer, or

supervise the administration of, the State program under this

subpart;

(2)(A)(i) sets forth the goals intended to be accomplished

under the plan by the end of the 5th fiscal year in which the

plan is in operation in the State, and (ii) is updated

periodically to set forth the goals intended to be accomplished

under the plan by the end of each 5th fiscal year thereafter;

(B) describes the methods to be used in measuring progress

toward accomplishment of the goals;

(C) contains assurances that the State -

(i) after the end of each of the 1st 4 fiscal years covered

by a set of goals, will perform an interim review of progress

toward accomplishment of the goals, and on the basis of the

interim review will revise the statement of goals in the plan,

if necessary, to reflect changed circumstances; and

(ii) after the end of the last fiscal year covered by a set

of goals, will perform a final review of progress toward

accomplishment of the goals, and on the basis of the final

review (I) will prepare, transmit to the Secretary, and make

available to the public a final report on progress toward

accomplishment of the goals, and (II) will develop (in

consultation with the entities required to be consulted

pursuant to subsection (b) of this section) and add to the plan

a statement of the goals intended to be accomplished by the end

of the 5th succeeding fiscal year;

(3) provides for coordination, to the extent feasible and

appropriate, of the provision of services under the plan and the

provision of services or benefits under other Federal or

federally assisted programs serving the same populations;

(4) contains assurances that not more than 10 percent of

expenditures under the plan for any fiscal year with respect to

which the State is eligible for payment under section 629d of

this title for the fiscal year shall be for administrative costs,

and that the remaining expenditures shall be for programs of

family preservation services, community-based family support

services, time-limited family reunification services, and

adoption promotion and support services, with significant

portions of such expenditures for each such program;

(5) contains assurances that the State will -

(A) annually prepare, furnish to the Secretary, and make

available to the public a description (including separate

descriptions with respect to family preservation services,

community-based family support services, time-limited family

reunification services, and adoption promotion and support

services) of -

(i) the service programs to be made available under the

plan in the immediately succeeding fiscal year;

(ii) the populations which the programs will serve; and

(iii) the geographic areas in the State in which the

services will be available; and

(B) perform the activities described in subparagraph (A) -

(i) in the case of the 1st fiscal year under the plan, at

the time the State submits its initial plan; and

(ii) in the case of each succeeding fiscal year, by the end

of the 3rd quarter of the immediately preceding fiscal year;

(6) provides for such methods of administration as the

Secretary finds to be necessary for the proper and efficient

operation of the plan;

(7)(A) contains assurances that Federal funds provided to the

State under this subpart will not be used to supplant Federal or

non-Federal funds for existing services and activities which

promote the purposes of this subpart; and

(B) provides that the State will furnish reports to the

Secretary, at such times, in such format, and containing such

information as the Secretary may require, that demonstrate the

State's compliance with the prohibition contained in subparagraph

(A);

(8) provides that the State agency will furnish such reports,

containing such information, and participate in such evaluations,

as the Secretary may require; and

(9) contains assurances that in administering and conducting

service programs under the plan, the safety of the children to be

served shall be of paramount concern.

(b) Approval of plans

(1) In general

The Secretary shall approve a plan that meets the requirements

of subsection (a) of this section only if the plan was developed

jointly by the Secretary and the State, after consultation by the

State agency with appropriate public and nonprofit private

agencies and community-based organizations with experience in

administering programs of services for children and families

(including family preservation, family support, time-limited

family reunification, and adoption promotion and support

services).

(2) Plans of Indian tribes

(A) Exemption from inappropriate requirements

The Secretary may exempt a plan submitted by an Indian tribe

from any requirement of this section that the Secretary

determines would be inappropriate to apply to the Indian tribe,

taking into account the resources, needs, and other

circumstances of the Indian tribe.

(B) Special rule

Notwithstanding subparagraph (A) of this paragraph, the

Secretary may not approve a plan of an Indian tribe under this

subpart to which (but for this subparagraph) an allotment of

less than $10,000 would be made under section 629c(a) of this

title if allotments were made under section 629c(a) of this

title to all Indian tribes with plans approved under this

subpart with the same or larger numbers of children.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 432, as added Pub. L.

103-66, title XIII, Sec. 13711(a)(2), Aug. 10, 1993, 107 Stat. 651;

amended Pub. L. 105-89, title III, Sec. 305(b)(1), (c)(1), Nov. 19,

1997, 111 Stat. 2130, 2131; Pub. L. 105-200, title IV, Sec. 410(c),

July 16, 1998, 112 Stat. 673.)

-MISC1-

PRIOR PROVISIONS

A prior section 432 of act Aug. 14, 1935, was classified to

section 632 of this title prior to repeal by Pub. L. 100-485.

AMENDMENTS

1998 - Subsec. (a)(8). Pub. L. 105-200 inserted "; and" at end.

1997 - Subsec. (a)(4). Pub. L. 105-89, Sec. 305(b)(1)(A)(i),

substituted ", community-based family support services,

time-limited family reunification services, and adoption promotion

and support services," for "and community-based family support

services".

Subsec. (a)(5)(A). Pub. L. 105-89, Sec. 305(b)(1)(A)(ii),

substituted ", community-based family support services,

time-limited family reunification services, and adoption promotion

and support services" for "and community-based family support

services".

Subsec. (a)(9). Pub. L. 105-89, Sec. 305(c)(1), added par. (9).

Subsec. (b)(1). Pub. L. 105-89, Sec. 305(b)(1)(B), substituted ",

family support, time-limited family reunification, and adoption

promotion and support" for "and family support".

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-89 effective Nov. 19, 1997, except as

otherwise provided, with delay permitted if State legislation is

required, see section 501 of Pub. L. 105-89, set out as a note

under section 622 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 629c, 629d, 629f of this

title.

-End-

-CITE-

42 USC Sec. 629c 01/06/03

-EXPCITE-

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 B - Child and Family Services

subpart 2 - promoting safe and stable families

-HEAD-

Sec. 629c. Allotments to States

-STATUTE-

(a) Indian tribes

From the amount reserved pursuant to section 629f(b)(3) of this

title for any fiscal year, the Secretary shall allot to each Indian

tribe with a plan approved under this subpart an amount that bears

the same ratio to such reserved amount as the number of children in

the Indian tribe bears to the total number of children in all

Indian tribes with State plans so approved, as determined by the

Secretary on the basis of the most current and reliable information

available to the Secretary.

(b) Territories

From the amount described in section 629f(a) of this title for

any fiscal year that remains after applying section 629f(b) of this

title for the fiscal year, the Secretary shall allot to each of the

jurisdictions of Puerto Rico, Guam, the Virgin Islands, the

Northern Mariana Islands, and American Samoa an amount determined

in the same manner as the allotment to each of such jurisdictions

is determined under section 621 of this title.

(c) Other States

(1) In general

From the amount described in section 629f(a) of this title for

any fiscal year that remains after applying section 629f(b) of

this title and subsection (b) of this section for the fiscal

year, the Secretary shall allot to each State (other than an

Indian tribe) which is not specified in subsection (b) of this

section an amount equal to such remaining amount multiplied by

the food stamp percentage of the State for the fiscal year.

(2) "Food stamp percentage" defined

(A) In general

As used in paragraph (1) of this subsection, the term "food

stamp percentage" means, with respect to a State and a fiscal

year, the average monthly number of children receiving food

stamp benefits in the State for months in the 3 fiscal years

referred to in subparagraph (B) of this paragraph, as

determined from sample surveys made under section 2025(c) of

title 7, expressed as a percentage of the average monthly

number of children receiving food stamp benefits in the States

described in such paragraph (1) for months in such 3 fiscal

years, as so determined.

(B) Fiscal years used in calculation

For purposes of the calculation pursuant to subparagraph (A),

the Secretary shall use data for the 3 most recent fiscal

years, preceding the fiscal year for which the State's

allotment is calculated under this subsection, for which such

data are available to the Secretary.

(d) Reallotments

The amount of any allotment to a State under this section for any

fiscal year that the State certifies to the Secretary will not be

required for carrying out the State plan under section 629b of this

title shall be available for reallotment using the allotment

methodology specified in this section. Any amount so reallotted to

a State is deemed part of the allotment of the State under the

preceding provisions of this section.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 433, as added Pub. L.

103-66, title XIII, Sec. 13711(a)(2), Aug. 10, 1993, 107 Stat. 653;

amended Pub. L. 107-133, title I, Secs. 103, 106(a)(2), Jan. 17,

2002, 115 Stat. 2415, 2417.)

-MISC1-

PRIOR PROVISIONS

A prior section 433 of act Aug. 14, 1935, was classified to

section 633 of this title prior to repeal by Pub. L. 100-485.

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-133, Sec. 106(a)(2)(A),

substituted "section 629f(b)(3)" for "section 629(d)(3)".

Subsec. (b). Pub. L. 107-133, Sec. 106(a)(2)(B), substituted

"section 629f(a)" for "section 629(b)" and "section 629f(b)" for

"section 629(d)".

Subsec. (c)(1). Pub. L. 107-133, Sec. 106(a)(2)(C), substituted

"section 629f(a)" for "section 629(b)" and "section 629f(b)" for

"section 629(d)".

Subsec. (d). Pub. L. 107-133, Sec. 103, added subsec. (d).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-133 effective Jan. 17, 2002, with delay

permitted if State legislation is required, see section 301 of Pub.

L. 107-133, set out as a note under section 629 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 629b, 629d, 629f, 629g of

this title.

-End-

-CITE-

42 USC Sec. 629d 01/06/03

-EXPCITE-

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 B - Child and Family Services

subpart 2 - promoting safe and stable families

-HEAD-

Sec. 629d. Payments to States

-STATUTE-

(a) Entitlement

Each State that has a plan approved under section 629b of this

title shall be entitled to payment of the lesser of -

(1) 75 percent of the total expenditures by the State for

activities under the plan during the fiscal year or the

immediately succeeding fiscal year; or

(2) the allotment of the State under section 629c of this title

for the fiscal year.

(b) Prohibitions

(1) No use of other Federal funds for State match

Each State receiving an amount paid under subsection (a) of

this section may not expend any Federal funds to meet the costs

of services under the State plan under section 629b of this title

not covered by the amount so paid.

(2) Availability of funds

A State may not expend any amount paid under subsection (a) of

this section for any fiscal year after the end of the immediately

succeeding fiscal year.

(c) Direct payments to tribal organizations of Indian tribes

The Secretary shall pay any amount to which an Indian tribe is

entitled under this section directly to the tribal organization of

the Indian tribe.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 434, as added Pub. L.

103-66, title XIII, Sec. 13711(a)(2), Aug. 10, 1993, 107 Stat. 653;

amended Pub. L. 107-133, title I, Sec. 104, Jan. 17, 2002, 115

Stat. 2415.)

-MISC1-

PRIOR PROVISIONS

A prior section 434 of act Aug. 14, 1935, was classified to

section 634 of this title prior to repeal by Pub. L. 100-485.

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-133, Sec. 104(a), struck out par.

(1) designation and heading after subsec. heading, substituted

"Each State that has a plan approved under section 629b of this

title shall be entitled to payment of the lesser of - " for "Except

as provided in paragraph (2) of this subsection, each State which

has a plan approved under this subpart shall be entitled to payment

of the lesser of - ", redesignated subpars. (A) and (B) of former

par. (1) as pars. (1) and (2), respectively, and realigned their

margins, and struck out former par. (2) which related to a special

rule for fiscal year 1994.

Subsec. (b)(1). Pub. L. 107-133, Sec. 104(b)(1), struck out

"paragraph (1) or (2)(B) of" after "amount paid under" and

substituted "under the State plan under section 629b of this title"

for "described in this subpart".

Subsec. (b)(2). Pub. L. 107-133, Sec. 104(b)(2), substituted

"subsection (a)" for "subsection (a)(1)".

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-133 effective Jan. 17, 2002, with delay

permitted if State legislation is required, see section 301 of Pub.

L. 107-133, set out as a note under section 629 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 629b, 629g, 673b of this

title.

-End-

-CITE-

42 USC Sec. 629e 01/06/03

-EXPCITE-

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 B - Child and Family Services

subpart 2 - promoting safe and stable families

-HEAD-

Sec. 629e. Evaluations; research; technical assistance

-STATUTE-

(a) Evaluations

(1) In general

The Secretary shall evaluate and report to the Congress

biennially on the effectiveness of the programs carried out

pursuant to this subpart in accomplishing the purposes of this

subpart, and may evaluate any other Federal, State, or local

program, regardless of whether federally assisted, that is

designed to achieve the same purposes as the program under this

subpart, in accordance with criteria established in accordance

with paragraph (2).

(2) Criteria to be used

In developing the criteria to be used in evaluations under

paragraph (1), the Secretary shall consult with appropriate

parties, such as -

(A) State agencies administering programs under this part and

part E of this subchapter;

(B) persons administering child and family services programs

(including family preservation and family support programs) for

private, nonprofit organizations with an interest in child

welfare; and

(C) other persons with recognized expertise in the evaluation

of child and family services programs (including family

preservation and family support programs) or other related

programs.

(3) Timing of report

Beginning in 2003, the Secretary shall submit the biennial

report required by this subsection not later than April 1 of

every other year, and shall include in each such report the

funding level, the status of ongoing evaluations, findings to

date, and the nature of any technical assistance provided to

States under subsection (d) of this section.

(b) Coordination of evaluations

The Secretary shall develop procedures to coordinate evaluations

under this section, to the extent feasible, with evaluations by the

States of the effectiveness of programs under this subpart.

(c) Research

The Secretary shall give priority consideration to the following

topics for research and evaluation under this subsection, using

rigorous evaluation methodologies where feasible:

(1) Promising program models in the service categories

specified in section 629(b) of this title, particularly

time-limited reunification services and postadoption services.

(2) Multi-disciplinary service models designed to address

parental substance abuse and to reduce its impacts on children.

(3) The efficacy of approaches directed at families with

specific problems and with children of specific age ranges.

(4) The outcomes of adoptions finalized after enactment of the

Adoption and Safe Families Act of 1997.

(d) Technical assistance

To the extent funds are available therefor, the Secretary shall

provide technical assistance that helps States and Indian tribes to

-

(1) develop research-based protocols for identifying families

at risk of abuse and neglect of use in the field;

(2) develop treatment models that address the needs of families

at risk, particularly families with substance abuse issues;

(3) implement programs with well-articulated theories of how

the intervention will result in desired changes among families at

risk;

(4) establish mechanisms to ensure that service provision

matches the treatment model; and

(5) establish mechanisms to ensure that postadoption services

meet the needs of the individual families and develop models to

reduce the disruption rates of adoption.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 435, as added Pub. L.

103-66, title XIII, Sec. 13711(a)(2), Aug. 10, 1993, 107 Stat. 654;

amended Pub. L. 107-133, title I, Sec. 105, Jan. 17, 2002, 115

Stat. 2415.)

-REFTEXT-

REFERENCES IN TEXT

Part E of this subchapter, referred to in subsec. (a)(2)(A), is

classified to section 670 et seq. of this title.

The enactment of the Adoption and Safe Families Act of 1997,

referred to in subsec. (c)(4), is the enactment of Pub. L. 105-89,

which was approved Nov. 19, 1997.

-MISC1-

PRIOR PROVISIONS

A prior section 435 of act Aug. 14, 1935, was classified to

section 635 of this title prior to repeal by Pub. L. 100-485.

AMENDMENTS

2002 - Pub. L. 107-133, Sec. 105(1), substituted "Evaluations;

research; technical assistance" for "Evaluations" in section

catchline.

Subsec. (a)(1). Pub. L. 107-133, Sec. 105(1), substituted "The

Secretary shall evaluate and report to the Congress biennially on"

for "The Secretary shall evaluate".

Subsec. (a)(3). Pub. L. 107-133, Sec. 105(2), added par. (3).

Subsecs. (c), (d). Pub. L. 107-133, Sec. 105(3), added subsecs.

(c) and (d).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-133 effective Jan. 17, 2002, with delay

permitted if State legislation is required, see section 301 of Pub.

L. 107-133, set out as a note under section 629 of this title.

-End-

-CITE-

42 USC Sec. 629f 01/06/03

-EXPCITE-

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 B - Child and Family Services

subpart 2 - promoting safe and stable families

-HEAD-

Sec. 629f. Authorization of appropriations; reservation of certain

amounts

-STATUTE-

(a) Authorization

There are authorized to be appropriated to carry out the

provisions of this subpart $305,000,000 for each of fiscal years

2002 through 2006.

(b) Reservation of certain amounts

From the amount specified in subsection (a) of this section for a

fiscal year, the Secretary shall reserve amounts as follows:

(1) Evaluation, research, training, and technical assistance

The Secretary shall reserve $6,000,000 for expenditure by the

Secretary -

(A) for research, training, and technical assistance costs

related to the program under this subpart; and

(B) for evaluation of State programs based on the plans

approved under section 629b of this title and funded under this

subpart, and any other Federal, State, or local program,

regardless of whether federally assisted, that is designed to

achieve the same purposes as the State programs.

(2) State court improvements

The Secretary shall reserve $10,000,000 for grants under

section 629h of this title.

(3) Indian tribes

The Secretary shall reserve 1 percent for allotment to Indian

tribes in accordance with section 629c(a) of this title.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 436, as added Pub. L.

107-133, title I, Sec. 106(a)(1), Jan. 17, 2002, 115 Stat. 2416.)

-MISC1-

PRIOR PROVISIONS

A prior section 436 of act Aug. 14, 1935, was classified to

section 636 of this title prior to repeal by Pub. L. 100-485.

EFFECTIVE DATE

Section effective Jan. 17, 2002, with delay permitted if State

legislation is required, see section 301 of Pub. L. 107-133, set

out as an Effective Date of 2002 Amendment note under section 629

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 629c, 629g, 629h of this

title.

-End-

-CITE-

42 USC Sec. 629g 01/06/03

-EXPCITE-

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 B - Child and Family Services

subpart 2 - promoting safe and stable families

-HEAD-

Sec. 629g. Discretionary grants

-STATUTE-

(a) Limitations on authorization of appropriations

In addition to any amount appropriated pursuant to section 629f

of this title, there are authorized to be appropriated to carry out

this section $200,000,000 for each of fiscal years 2002 through

2006.

(b) Reservation of certain amounts

From the amount (if any) appropriated pursuant to subsection (a)

of this section for a fiscal year, the Secretary shall reserve

amounts as follows:

(1) Evaluation, research, training, and technical assistance

The Secretary shall reserve 3.3 percent for expenditure by the

Secretary for the activities described in section 629f(b)(1) of

this title.

(2) State court improvements

The Secretary shall reserve 3.3 percent for grants under

section 629h of this title.

(3) Indian tribes

The Secretary shall reserve 2 percent for allotment to Indian

tribes in accordance with subsection (c)(1) of this section.

(c) Allotments

(1) Indian tribes

From the amount (if any) reserved pursuant to subsection (b)(3)

of this section for any fiscal year, the Secretary shall allot to

each Indian tribe with a plan approved under this subpart an

amount that bears the same ratio to such reserved amount as the

number of children in the Indian tribe bears to the total number

of children in all Indian tribes with State plans so approved, as

determined by the Secretary on the basis of the most current and

reliable information available to the Secretary.

(2) Territories

From the amount (if any) appropriated pursuant to subsection

(a) of this section for any fiscal year that remains after

applying subection (!1) (b) of this section for the fiscal year,

the Secretary shall allot to each of the jurisdictions of Puerto

Rico, Guam, the Virgin Islands, the Northern Mariana Islands, and

American Samoa an amount determined in the same manner as the

allotment to each of such jurisdictions is determined under

section 621 of this title.

(3) Other States

From the amount (if any) appropriated pursuant to subsection

(a) of this section for any fiscal year that remains after

applying subsection (b) of this section and paragraph (2) of this

subsection for the fiscal year, the Secretary shall allot to each

State (other than an Indian tribe) which is not specified in

paragraph (2) of this subsection an amount equal to such

remaining amount multiplied by the food stamp percentage (as

defined in section 629c(c)(2) of this title) of the State for the

fiscal year.

(d) Grants

The Secretary may make a grant to a State which has a plan

approved under this subpart in an amount equal to the lesser of -

(1) 75 percent of the total expenditures by the State for

activities under the plan during the fiscal year or the

immediately succeeding fiscal year; or

(2) the allotment of the State under subsection (c) of this

section for the fiscal year.

(e) Applicability of certain rules

The rules of subsections (b) and (c) of section 629d of this

title shall apply in like manner to the amounts made available

pursuant to this section.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 437, as added Pub. L.

107-133, title I, Sec. 106(b), Jan. 17, 2002, 115 Stat. 2417.)

-MISC1-

PRIOR PROVISIONS

A prior section 437 of act Aug. 14, 1935, was classified to

section 637 of this title prior to repeal by Pub. L. 100-485.

EFFECTIVE DATE

Section effective Jan. 17, 2002, with delay permitted if State

legislation is required, see section 301 of Pub. L. 107-133, set

out as an Effective Date of 2002 Amendment note under section 629

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 629h of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "subsection".

-End-

-CITE-

42 USC Sec. 629h 01/06/03

-EXPCITE-

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 B - Child and Family Services

subpart 2 - promoting safe and stable families

-HEAD-

Sec. 629h. Entitlement funding for State courts to assess and

improve handling of proceedings relating to foster care and

adoption

-STATUTE-

(a) In general

The Secretary shall make grants, in accordance with this section,

to the highest State courts in States participating in the program

under part E of this subchapter, for the purpose of enabling such

courts -

(1) to conduct assessments, in accordance with such

requirements as the Secretary shall publish, of the role,

responsibilities, and effectiveness of State courts in carrying

out State laws requiring proceedings (conducted by or under the

supervision of the courts) -

(A) that implement this part and part E of this subchapter;

(B) that determine the advisability or appropriateness of

foster care placement;

(C) that determine whether to terminate parental rights; and

(D) that determine whether to approve the adoption or other

permanent placement of a child; and

(2) to implement improvements the highest state (!1) courts

deem necessary as a result of the assessments, including -

(A) to provide for the safety, well-being, and permanence of

children in foster care, as set forth in the Adoption and Safe

Families Act of 1997 (Public Law 105-89); and

(B) to implement a corrective action plan, as necessary,

resulting from reviews of child and family service programs

under section 1320a-2a of this title.

(b) Applications

In order to be eligible for a grant under this section, a highest

State court shall submit to the Secretary an application at such

time, in such form, and including such information and assurances

as the Secretary shall require.

(c) Allotments

(1) In general

Each highest State court which has an application approved

under subsection (b) of this section, and is conducting

assessment and improvement activities in accordance with this

section, shall be entitled to payment, for each of fiscal years

2002 through 2006, from the amount reserved pursuant to section

629f(b)(2) of this title (and the amount, if any, reserved

pursuant to section 629g(b)(2) of this title), of an amount equal

to the sum of $85,000 plus the amount described in paragraph (2)

of this subsection for the fiscal year.

(2) Formula

The amount described in this paragraph for any fiscal year is

the amount that bears the same ratio to the amount reserved

pursuant to section 629f(b)(2) of this title (and the amount, if

any, reserved pursuant to section 629g(b)(2) of this title) for

the fiscal year (reduced by the dollar amount specified in

paragraph (1) of this subsection for the fiscal year) as the

number of individuals in the State who have not attained 21 years

of age bears to the total number of such individuals in all

States the highest State courts of which have approved

applications under subsection (b) of this section.

(d) Federal share

Each highest State court which receives funds paid under this

section may use such funds to pay not more than 75 percent of the

cost of activities under this section in each of fiscal years 2002

through 2006.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 438, formerly Pub. L.

103-66, title XIII, Sec. 13712, Aug. 10, 1993, 107 Stat. 655, as

amended Pub. L. 105-89, title III, Sec. 305(a)(3), Nov. 19, 1997,

111 Stat. 2130; renumbered Sec. 438 of act Aug. 14, 1935, and

amended Pub. L. 107-133, title I, Sec. 107, Jan. 17, 2002, 115

Stat. 2418.)

-REFTEXT-

REFERENCES IN TEXT

Part E of this subchapter, referred to in subsec. (a), is

classified to section 670 et seq. of this title.

The Adoption and Safe Families Act of 1997, referred to in

subsec. (a)(2)(A), is Pub. L. 105-89, Nov. 19, 1997, 111 Stat.

2115, as amended. For complete classification of this Act to the

Code, see Short Title of 1997 Amendment note set out under section

1305 of this title and Tables.

-COD-

CODIFICATION

Section was formerly set out as a note under section 670 of this

title prior to renumbering by Pub. L. 107-133.

-MISC1-

PRIOR PROVISIONS

A prior section 438 of act Aug. 14, 1935, was classified to

section 638 of this title prior to repeal by Pub. L. 100-485.

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-133, Sec. 107(d)(1)(A), made

technical amendment to reference in original act which appears in

text as reference to part E of this subchapter.

Subsec. (a)(1)(A). Pub. L. 107-133, Sec. 107(d)(1)(B), made

technical amendment to reference in original act which appears in

text as reference to this part and part E of this subchapter.

Subsec. (a)(2). Pub. L. 107-133, Sec. 107(a)(1), added par. (2)

and struck out former par. (2) which read as follows: "to implement

changes deemed necessary as a result of the assessments."

Subsec. (c)(1). Pub. L. 107-133, Sec. 107(a)(2), (b), inserted

"and improvement" after "assessment" and substituted "for each of

fiscal years 2002 through 2006, from the amount reserved pursuant

to section 629f(b)(2) of this title (and the amount, if any,

reserved pursuant to section 629g(b)(2) of this title), of an

amount equal to the sum of $85,000 plus the amount described in

paragraph (2) of this subsection for the fiscal year." for "for

each of fiscal years 1995 through 2001, from amounts reserved

pursuant to section 629(d)(2) of this title, of an amount equal to

the sum of -

"(A) for fiscal year 1995, $75,000 plus the amount described in

paragraph (2) for fiscal year 1995; and

"(B) for each of fiscal years 1996 through 2001, $85,000 plus

the amount described in paragraph (2) for each of such fiscal

years."

Subsec. (c)(2). Pub. L. 107-133, Sec. 107(d)(2), substituted

"section 629f(b)(2) of this title (and the amount, if any, reserved

pursuant to section 629g(b)(2) of this title)" for "section

629(d)(2) of this title".

Subsec. (d). Pub. L. 107-133, Sec. 107(c), in heading substituted

"Federal share" for "Use of grant funds" and in text substituted

"to pay not more than 75 percent of the cost of activities under

this section in each of fiscal years 2002 through 2006." for "to

pay -

"(1) any or all costs of activities under this section in

fiscal year 1995; and

"(2) not more than 75 percent of the cost of activities under

this section in each of fiscal years 1996, 1997, 1998, 1999,

2000, and 2001."

1997 - Subsec. (c)(1). Pub. L. 105-89, Sec. 305(a)(3)(A),

substituted "2001" for "1998" in introductory provisions and par.

(B).

Subsec. (d)(2). Pub. L. 105-89, Sec. 305(a)(3)(B), substituted

"1998, 1999, 2000, and 2001" for "and 1998".

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-133 effective Jan. 17, 2002, with delay

permitted if State legislation is required, see section 301 of Pub.

L. 107-133, set out as a note under section 629 of this title.

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-89 effective Nov. 19, 1997, except as

otherwise provided, with delay permitted if State legislation is

required, see section 501 of Pub. L. 105-89, set out as a note

under section 622 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 629f, 629g of this title.

-FOOTNOTE-

(!1) So in original. Probably should be capitalized.

-End-

-CITE-

42 USC Sec. 629i 01/06/03

-EXPCITE-

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 B - Child and Family Services

subpart 2 - promoting safe and stable families

-HEAD-

Sec. 629i. Grants for programs for mentoring children of prisoners

-STATUTE-

(a) Findings and purpose

(1) Findings

(A) In the period between 1991 and 1999, the number of children

with a parent incarcerated in a Federal or State correctional

facility increased by more than 100 percent, from approximately

900,000 to approximately 2,000,000. In 1999, 2.1 percent of all

children in the United States had a parent in Federal or State

prison.

(B) Prior to incarceration, 64 percent of female prisoners and

44 percent of male prisoners in State facilities lived with their

children.

(C) Nearly 90 percent of the children of incarcerated fathers

live with their mothers, and 79 percent of the children of

incarcerated mothers live with a grandparent or other relative.

(D) Parental arrest and confinement lead to stress, trauma,

stigmatization, and separation problems for children. These

problems are coupled with existing problems that include poverty,

violence, parental substance abuse, high-crime environments,

intrafamilial abuse, child abuse and neglect, multiple care

givers, and/or prior separations. As a result, these children

often exhibit a broad variety of behavioral, emotional, health,

and educational problems that are often compounded by the pain of

separation.

(E) Empirical research demonstrates that mentoring is a potent

force for improving children's behavior across all risk behaviors

affecting health. Quality, one-on-one relationships that provide

young people with caring role models for future success have

profound, life-changing potential. Done right, mentoring markedly

advances youths' life prospects. A widely cited 1995 study by

Public/Private Ventures measured the impact of one Big Brothers

Big Sisters program and found significant effects in the lives of

youth - cutting first-time drug use by almost half and first-time

alcohol use by about a third, reducing school absenteeism by

half, cutting assaultive behavior by a third, improving parental

and peer relationships, giving youth greater confidence in their

school work, and improving academic performance.

(2) Purpose

The purpose of this section is to authorize the Secretary to

make competitive grants to applicants in areas with substantial

numbers of children of incarcerated parents, to support the

establishment or expansion and operation of programs using a

network of public and private community entities to provide

mentoring services for children of prisoners.

(b) Definitions

In this section:

(1) Children of prisoners

The term "children of prisoners" means children one or both of

whose parents are incarcerated in a Federal, State, or local

correctional facility. The term is deemed to include children who

are in an ongoing mentoring relationship in a program under this

section at the time of their parents' release from prison, for

purposes of continued participation in the program.

(2) Mentoring

The term "mentoring" means a structured, managed program in

which children are appropriately matched with screened and

trained adult volunteers for one-on-one relationships, involving

meetings and activities on a regular basis, intended to meet, in

part, the child's need for involvement with a caring and

supportive adult who provides a positive role model.

(3) Mentoring services

The term "mentoring services" means those services and

activities that support a structured, managed program of

mentoring, including the management by trained personnel of

outreach to, and screening of, eligible children; outreach to,

education and training of, and liaison with sponsoring local

organizations; screening and training of adult volunteers;

matching of children with suitable adult volunteer mentors;

support and oversight of the mentoring relationship; and

establishment of goals and evaluation of outcomes for mentored

children.

(c) Program authorized

From the amounts appropriated under subsection (h) of this

section for a fiscal year that remain after applying subsection

(h)(2) of this section, the Secretary shall make grants under this

section for each of fiscal years 2002 through 2006 to State or

local governments, tribal governments or tribal consortia,

faith-based organizations, and community-based organizations in

areas that have significant numbers of children of prisoners and

that submit applications meeting the requirements of this section,

in amounts that do not exceed $5,000,000 per grant.

(d) Application requirements

In order to be eligible for a grant under this section, the chief

executive officer of the applicant must submit to the Secretary an

application containing the following:

(1) Program design

A description of the proposed program, including -

(A) a list of local public and private organizations and

entities that will participate in the mentoring network;

(B) the name, description, and qualifications of the entity

that will coordinate and oversee the activities of the

mentoring network;

(C) the number of mentor-child matches proposed to be

established and maintained annually under the program;

(D) such information as the Secretary may require concerning

the methods to be used to recruit, screen support, and oversee

individuals participating as mentors, (which methods shall

include criminal background checks on the individuals), and to

evaluate outcomes for participating children, including

information necessary to demonstrate compliance with

requirements established by the Secretary for the program; and

(E) such other information as the Secretary may require.

(2) Community consultation; coordination with other programs

A demonstration that, in developing and implementing the

program, the applicant will, to the extent feasible and

appropriate -

(A) consult with public and private community entities,

including religious organizations, and including, as

appropriate, Indian tribal organizations and urban Indian

organizations, and with family members of potential clients;

(B) coordinate the programs and activities under the program

with other Federal, State, and local programs serving children

and youth; and

(C) consult with appropriate Federal, State, and local

corrections, workforce development, and substance abuse and

mental health agencies.

(3) Equal access for local service providers

An assurance that public and private entities and community

organizations, including religious organizations and Indian

organizations, will be eligible to participate on an equal basis.

(4) Records, reports, and audits

An agreement that the applicant will maintain such records,

make such reports, and cooperate with such reviews or audits as

the Secretary may find necessary for purposes of oversight of

project activities and expenditures.

(5) Evaluation

An agreement that the applicant will cooperate fully with the

Secretary's ongoing and final evaluation of the program under the

plan, by means including providing the Secretary access to the

program and program-related records and documents, staff, and

grantees receiving funding under the plan.

(e) Federal share

(1) In general

A grant for a program under this section shall be available to

pay a percentage share of the costs of the program up to -

(A) 75 percent for the first and second fiscal years for

which the grant is awarded; and

(B) 50 percent for the third and each succeeding such fiscal

years.

(2) Non-Federal share

The non-Federal share of the cost of projects under this

section may be in cash or in kind. In determining the amount of

the non-Federal share, the Secretary may attribute fair market

value to goods, services, and facilities contributed from

non-Federal sources.

(f) Considerations in awarding grants

In awarding grants under this section, the Secretary shall take

into consideration -

(1) the qualifications and capacity of applicants and networks

of organizations to effectively carry out a mentoring program

under this section;

(2) the comparative severity of need for mentoring services in

local areas, taking into consideration data on the numbers of

children (and in particular of low-income children) with an

incarcerated parents (!1) (or parents) in the areas;

(3) evidence of consultation with existing youth and family

service programs, as appropriate; and

(4) any other factors the Secretary may deem significant with

respect to the need for or the potential success of carrying out

a mentoring program under this section.

(g) Evaluation

The Secretary shall conduct an evaluation of the programs

conducted pursuant to this section, and submit to the Congress not

later than April 15, 2005, a report on the findings of the

evaluation.

(h) Authorization of appropriations; reservation of certain amounts

(1) Authorization

There are authorized to be appropriated to carry out this

section $67,000,000 for each of fiscal years 2002 and 2003, and

such sums as may be necessary for each succeeding fiscal year.

(2) Reservation

The Secretary shall reserve 2.5 percent of the amount

appropriated for each fiscal year under paragraph (1) for

expenditure by the Secretary for research, technical assistance,

and evaluation related to programs under this section.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 439, as added Pub. L.

107-133, title I, Sec. 121, Jan. 17, 2002, 115 Stat. 2419.)

-MISC1-

PRIOR PROVISIONS

A prior section 439 of act Aug. 14, 1935, was classified to

section 639 of this title prior to repeal by Pub. L. 100-485.

EFFECTIVE DATE

Section effective Jan. 17, 2002, with delay permitted if State

legislation is required, see section 301 of Pub. L. 107-133, set

out as an Effective Date of 2002 Amendment note under section 629

of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "parent".

-End-

-CITE-

42 USC Part C - Work Incentive Program for Recipients of

Aid Under State Plan Approved Under

Part A 01/06/03

-EXPCITE-

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 C - Work Incentive Program for Recipients of Aid Under State

Plan Approved Under Part A

-HEAD-

PART C - WORK INCENTIVE PROGRAM FOR RECIPIENTS OF AID UNDER STATE

PLAN APPROVED UNDER PART A

-End-

-CITE-

42 USC Secs. 630 to 632 01/06/03

-EXPCITE-

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 C - Work Incentive Program for Recipients of Aid Under State

Plan Approved Under Part A

-HEAD-

Secs. 630 to 632. Repealed. Pub. L. 100-485, title II, Sec. 202(a),

Oct. 13, 1988, 102 Stat. 2377

-MISC1-

Section 630, act Aug. 14, 1935, ch. 531, title IV, Sec. 430, as

added Jan. 2, 1968, Pub. L. 90-248, title II, Sec. 204(a), 81 Stat.

884; amended Dec. 28, 1971, Pub. L. 92-223, Sec. 3(b)(1), 85 Stat.

805, provided statement of purpose for work incentive program for

recipients of aid under State plan approved under part A.

Section 631, act Aug. 14, 1935, ch. 531, title IV, Sec. 431, as

added Jan. 2, 1968, Pub. L. 90-248, title II, Sec. 204(a), 81 Stat.

884; amended Dec. 28, 1971, Pub. L. 92-223, Sec. 3(b)(2), 85 Stat.

805; July 18, 1984, Pub. L. 98-369, div. B, title VI, Sec.

2663(j)(2)(B)(ii), 98 Stat. 1170, authorized appropriations.

Section 632, act Aug. 14, 1935, ch. 531, title IV, Sec. 432, as

added Jan. 2, 1968, Pub. L. 90-248, title II, Sec. 204(a), 81 Stat.

884; amended Dec. 28, 1971, Pub. L. 92-223, Sec. 3(b)(3), 85 Stat.

806; Oct. 13, 1982, Pub. L. 97-300, title V, Sec. 502(a), (b)(1),

(c)(1), 96 Stat. 1397, 1398; July 18, 1984, Pub. L. 98-369, div. B,

title VI, Sec. 2663(k), 98 Stat. 1171, established work incentive

programs.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1990, with provision for earlier

effective dates in case of States making certain changes in their

State plans and formally notifying the Secretary of Health and

Human Services of their desire to become subject to the amendments

by title II of Pub. L. 100-485, at such earlier effective dates,

see section 204(a), (b)(1)(A), of Pub. L. 100-485, set out as an

Effective Date of 1988 Amendment note under section 671 of this

title.

-End-

-CITE-

42 USC Sec. 632a 01/06/03

-EXPCITE-

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 C - Work Incentive Program for Recipients of Aid Under State

Plan Approved Under Part A

-HEAD-

Sec. 632a. Omitted

-COD-

CODIFICATION

Section, Pub. L. 96-499, title IX, Sec. 966, Dec. 5, 1980, 94

Stat. 2652; Pub. L. 97-35, title XXI, Sec. 2156, Aug. 13, 1981, 95

Stat. 802; Pub. L. 97-123, Sec. 5, Dec. 29, 1981, 95 Stat. 1664;

Pub. L. 102-54, Sec. 13(q)(4), June 13, 1991, 105 Stat. 280,

required Secretary of Health and Human Services to enter into

agreements with 7 to 12 States for the purpose of conducting

demonstration projects of up to 4 years duration for the training

and employment of eligible participants as homemakers or home

health aides and required Secretary to submit to Congress annual

reports and a final report 6 months after receiving final reports

from all States.

-End-

-CITE-

42 USC Secs. 633 to 645 01/06/03

-EXPCITE-

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 C - Work Incentive Program for Recipients of Aid Under State

Plan Approved Under Part A

-HEAD-

Secs. 633 to 645. Repealed. Pub. L. 100-485, title II, Sec. 202(a),

Oct. 13, 1988, 102 Stat. 2377

-MISC1-

Section 633, act Aug. 14, 1935, ch. 531, title IV, Sec. 433, as

added Jan. 2, 1968, Pub. L. 90-248, title II, Sec. 204(a), 81 Stat.

885; amended Dec. 28, 1971, Pub. L. 92-223, Sec. 3(b)(4)(A)-(F), 85

Stat. 806, 807; Oct. 13, 1982, Pub. L. 97-300, title V, Sec.

502(b)(2), (c)(2), (3), 96 Stat. 1398; July 18, 1984, Pub. L.

98-369, div. B, title VI, Sec. 2663(k), 98 Stat. 1171, related to

operation of programs.

Section 634, act Aug. 14, 1935, ch. 531, title IV, Sec. 434, as

added Jan. 2, 1968, Pub. L. 90-248, title II, Sec. 204(a), 81 Stat.

887; amended Dec. 28, 1971, Pub. L. 92-223, Sec. 3(b)(4)(G), 85

Stat. 808; July 18, 1984, Pub. L. 98-369, div. B, title VI, Sec.

2663(k), 98 Stat. 1171, related to incentive payments and

allowances for transportation and other costs.

Section 635, act Aug. 14, 1935, ch. 531, title IV, Sec. 435, as

added Jan. 2, 1968, Pub. L. 90-248, title II, Sec. 204(a), 81 Stat.

887; amended Dec. 28, 1971, Pub. L. 92-223, Sec. 3(b)(5), 85 Stat.

808, limited Federal assistance.

Section 636, act Aug. 14, 1935, ch. 531, title IV, Sec. 436, as

added Jan. 2, 1968, Pub. L. 90-248, title II, Sec. 204(a), 81 Stat.

887; amended Dec. 28, 1971, Pub. L. 92-223, Sec. 3(b)(6), 85 Stat.

808; July 18, 1984, Pub. L. 98-369, div. B, title VI, Sec.

2663(j)(2)(B)(iii), 98 Stat. 1170, related to period of enrollment.

Section 637, act Aug. 14, 1935, ch. 531, title IV, Sec. 437, as

added Jan. 2, 1968, Pub. L. 90-248, title II, Sec. 204(a), 81 Stat.

887, related to relocation of participants.

Section 638, act Aug. 14, 1935, ch. 531, title IV, Sec. 438, as

added Jan. 2, 1968, Pub. L. 90-248, title II, Sec. 204(a), 81 Stat.

887; amended Dec. 28, 1971, Pub. L. 92-223, Sec. 3(b)(7), 85 Stat.

808, provided that participants in programs were not Federal

employees.

Section 639, act Aug. 14, 1935, ch. 531, title IV, Sec. 439, as

added Jan. 2, 1968, Pub. L. 90-248, title II, Sec. 204(a), 81 Stat.

888; amended Dec. 28, 1971, Pub. L. 92-223, Sec. 3(b)(8), 85 Stat.

808; July 18, 1984, Pub. L. 98-369, div. B, title VI, Sec.

2663(j)(2)(B)(iv), 98 Stat. 1170, related to rules and regulations.

Section 640, act Aug. 14, 1935, ch. 531, title IV, Sec. 440, as

added Jan. 2, 1968, Pub. L. 90-248, title II, Sec. 204(a), 81 Stat.

888, required annual report.

Section 641, act Aug. 14, 1935, ch. 531, title IV, Sec. 441, as

added Jan. 2, 1968, Pub. L. 90-248, title II, Sec. 204(a), 81 Stat.

888; amended Dec. 28, 1971, Pub. L. 92-223, Sec. 3(b)(9), 85 Stat.

808; July 18, 1984, Pub. L. 98-369, div. B, title VI, Sec.

2663(c)(9), (j)(2)(B)(v), 98 Stat. 1166, 1170, related to

evaluation and research.

Section 642, act Aug. 14, 1935, ch. 531, title IV, Sec. 442, as

added Jan. 2, 1968, Pub. L. 90-248, title II, Sec. 204(a), 81 Stat.

888; amended Dec. 28, 1971, Pub. L. 92-223, Sec. 3(b)(10), 85 Stat.

808, related to technical assistance for providers of employment or

training.

Section 643, act Aug. 14, 1935, ch. 531, title IV, Sec. 443, as

added Jan. 2, 1968, Pub. L. 90-248, title II, Sec. 204(a), 81 Stat.

888; amended Dec. 28, 1971, Pub. L. 92-223, Sec. 3(b)(11), 85 Stat.

808; July 18, 1984, Pub. L. 98-369, div. B, title VI, Sec.

2663(j)(2)(B)(vi), 98 Stat. 1170, related to collection of State

share.

Section 644, act Aug. 14, 1935, ch. 531, title IV, Sec. 444, as

added Jan. 2, 1968, Pub. L. 90-248, title II, Sec. 204(a), 81 Stat.

889; amended Dec. 28, 1971, Pub. L. 92-223, Sec. 3(b)(12), 85 Stat.

808; July 18, 1984, Pub. L. 98-369, div. B, title VI, Sec.

2663(c)(10), (j)(2)(B)(vii), 98 Stat. 1166, 1170, related to

agreements with other agencies providing assistance to families of

unemployed parents.

Section 645, act Aug. 14, 1935, ch. 531, title IV, Sec. 445, as

added Aug. 13, 1981, Pub. L. 97-35, title XXIII, Sec. 2309, 95

Stat. 850; amended Sept. 3, 1982, Pub. L. 97-248, title I, Sec.

158(a), (b), 96 Stat. 399; July 18, 1984, Pub. L. 98-369, div. B,

title VI, Sec. 2663(c)(11), 98 Stat. 1166; Aug. 22, 1984, Pub. L.

98-396, title I, 98 Stat. 1392, 1393; Oct. 18, 1986, Pub. L.

99-500, Sec. 150, 100 Stat. 1783-352, and Oct. 30, 1986, Pub. L.

99-591, Sec. 150, 100 Stat. 3341-355; July 11, 1988, Pub. L.

100-364, Sec. 2, 102 Stat. 822, related to work incentive

demonstration program.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1990, with provision for earlier

effective dates in case of States making certain changes in their

State plans and formally notifying the Secretary of Health and

Human Services of their desire to become subject to the amendments

by title II of Pub. L. 100-485, at such earlier effective dates,

see section 204(a), (b)(1)(A), of Pub. L. 100-485, set out as an

Effective Date of 1988 Amendment note under section 671 of this

title.

-End-

-CITE-

42 USC Part D - Child Support and Establishment of

Paternity 01/06/03

-EXPCITE-

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

-HEAD-

PART D - CHILD SUPPORT AND ESTABLISHMENT OF PATERNITY

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 405, 503, 602, 603, 609,

616, 671, 1306, 1315, 1320b-7, 1396a, 1396g-1, 1396u-1 of this

title; title 7 sections 2014, 2015; title 8 section 1255a; title 10

section 1408; title 11 section 523; title 26 section 6103; title 29

section 49b.

-End-

-CITE-

42 USC Sec. 651 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 651. Authorization of appropriations

-STATUTE-

For the purpose of enforcing the support obligations owed by

noncustodial parents to their children and the spouse (or former

spouse) with whom such children are living, locating noncustodial

parents, establishing paternity, obtaining child and spousal

support, and assuring that assistance in obtaining support will be

available under this part to all children (whether or not eligible

for assistance under a State program funded under part A of this

subchapter) for whom such assistance is requested, there is hereby

authorized to be appropriated for each fiscal year a sum sufficient

to carry out the purposes of this part.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 451, as added Pub. L.

93-647, Sec. 101(a), Jan. 4, 1975, 88 Stat. 2351; amended Pub. L.

97-35, title XXIII, Sec. 2332(a), Aug. 13, 1981, 95 Stat. 861; Pub.

L. 98-378, Sec. 2, Aug. 16, 1984, 98 Stat. 1305; Pub. L. 104-193,

title I, Sec. 108(c)(1), title III, Sec. 395(d)(1)(A), Aug. 22,

1996, 110 Stat. 2165, 2259.)

-REFTEXT-

REFERENCES IN TEXT

Part A of this subchapter, referred to in text, is classified to

section 601 et seq. of this title.

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-193, Sec. 395(d)(1)(A), substituted

"noncustodial" for "absent" in two places.

Pub. L. 104-193, Sec. 108(c)(1), substituted "assistance under a

State program funded under part A of this subchapter" for "aid

under part A of this subchapter".

1984 - Pub. L. 98-378 substituted "obtaining child and spousal

support, and assuring that assistance in obtaining support will be

available under this part to all children (whether or not eligible

for aid under part A of this subchapter) for whom such assistance

is requested," for "and obtaining child and spousal support,".

1981 - Pub. L. 97-35 substituted "children and the spouse (or

former spouse) with whom such children are living" for "children"

and "child and spousal support" for "child support".

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by section 108(c)(1) of Pub. L. 104-193 effective July

1, 1997, with transition rules relating to State options to

accelerate such date, rules relating to claims, actions, and

proceedings commenced before such date, rules relating to closing

out of accounts for terminated or substantially modified programs

and continuance in office of Assistant Secretary for Family

Support, and provisions relating to termination of entitlement

under AFDC program, see section 116 of Pub. L. 104-193, as amended,

set out as an Effective Date note under section 601 of this title.

For effective date of amendment by section 395(d)(1)(A) of Pub.

L. 104-193, see section 395(a)-(c) of Pub. L. 104-193, set out as a

note under section 654 of this title.

EFFECTIVE DATE OF 1981 AMENDMENT

Section 2336 of Pub. L. 97-35 provided that:

"(a) Except as otherwise specifically provided in the preceding

sections of this chapter [sections 2331-2335 of Pub. L. 97-35] or

in subsection (b), the provisions of this chapter and the

amendments and repeals made by this chapter [amending this section,

sections 652, 653, 654, 657, and 664 of this title, and sections

6305 and 6402 of Title 26, Internal Revenue Code] shall become

effective on October 1, 1981.

"(b) If a State agency administering a plan approved under part D

of title IV of the Social Security Act [this part] demonstrates, to

the satisfaction of the Secretary of Health and Human Services,

that it cannot, by reason of State law, comply with the

requirements of an amendment made by this chapter to which the

effective date specified in subsection (a) applies, the Secretary

may prescribe that, in the case of such State, the amendment will

become effective beginning with the first month beginning after the

close of the first session of such State's legislature ending on or

after October 1, 1981. For purposes of the preceding sentence, the

term 'session of a State's legislature' includes any regular,

special, budget, or other session of a State legislature."

EFFECTIVE DATE

Section 101(f) of Pub. L. 93-647, as amended by Pub. L. 94-46,

Sec. 2, June 30, 1975, 89 Stat. 245, provided that: "The amendments

made by this section [enacting this part and section 6305 of Title

26, Internal Revenue Code, amending sections 602, 603, 604, 606,

and 1306 of this title, repealing section 610 of this title, and

enacting provisions set out as notes under this section and section

602 of this title] shall become effective on August 1, 1975, except

that section 459 of the Social Security Act [section 659 of this

title], as added by subsection (a) of this section shall become

effective on January 1, 1975, and subsection (e) of this section

[enacting provisions set out as a note under this section] shall

become effective upon the date of the enactment of this Act [Jan.

4, 1975]."

SHORT TITLE

This part is popularly known as the "Child Support Enforcement

Act".

STUDY ON EFFECTIVENESS OF ENFORCEMENT OF MEDICAL SUPPORT BY STATE

AGENCIES

Pub. L. 105-200, title IV, Sec. 401(a), July 16, 1998, 112 Stat.

659, provided that:

"(1) Medical child support working group. - Within 60 days after

the date of the enactment of this Act [July 16, 1998], the

Secretary of Health and Human Services and the Secretary of Labor

shall jointly establish a Medical Child Support Working Group. The

purpose of the Working Group shall be to identify the impediments

to the effective enforcement of medical support by State agencies

administering the programs operated pursuant to part D of title IV

of the Social Security Act [this part].

"(2) Membership. - The Working Group shall consist of not more

than 30 members and shall be composed of representatives of -

"(A) the Department of Labor;

"(B) the Department of Health and Human Services;

"(C) State directors of programs under part D of title IV of

the Social Security Act [this part];

"(D) State directors of the Medicaid program under title XIX of

the Social Security Act [subchapter XIX of this chapter];

"(E) employers, including owners of small businesses and their

trade or industry representatives and certified human resource

and payroll professionals;

"(F) plan administrators and plan sponsors of group health

plans (as defined in section 607(1) of the Employee Retirement

Income Security Act of 1974 (29 U.S.C. 1167(1))[)];

"(G) children potentially eligible for medical support, such as

child advocacy organizations;

"(H) State medical child support programs; and

"(I) organizations representing State child support programs.

"(3) Compensation. - The members shall serve without

compensation.

"(4) Administrative support. - The Department of Health and Human

Services and the Department of Labor shall jointly provide

appropriate administrative support to the Working Group, including

technical assistance. The Working Group may use the services and

facilities of either such Department, with or without

reimbursement, as jointly determined by such Departments.

"(5) Report. -

"(A) Report by working group to the secretaries. - Not later

than 18 months after the date of the enactment of this Act [July

16, 1998], the Working Group shall submit to the Secretary of

Labor and the Secretary of Health and Human Services a report

containing recommendations for appropriate measures to address

the impediments to the effective enforcement of medical support

by State agencies administering the programs operated pursuant to

part D of title IV of the Social Security Act [this part]

identified by the Working Group, including -

"(i) recommendations based on assessments of the form and

content of the National Medical Support Notice, as issued under

interim regulations;

"(ii) appropriate measures that establish the priority of

withholding of child support obligations, medical support

obligations, arrearages in such obligations, and in the case of

a medical support obligation, the employee's portion of any

health care coverage premium, by such State agencies in light

of the restrictions on garnishment provided under title III of

the Consumer Credit Protection Act (15 U.S.C. 1671-1677);

"(iii) appropriate procedures for coordinating the provision,

enforcement, and transition of health care coverage under the

State programs operated pursuant to part D of title IV of the

Social Security Act and titles XIX and XXI of such Act

[subchapter XIX and XXI of this chapter];

"(iv) appropriate measures to improve the availability of

alternate types of medical support that are aside from health

coverage offered through the noncustodial parent's health plan

and unrelated to the noncustodial parent's employer, including

measures that establish a noncustodial parent's responsibility

to share the cost of premiums, co-payments, deductibles, or

payments for services not covered under a child's existing

health coverage;

"(v) recommendations on whether reasonable cost should remain

a consideration under section 452(f) of the Social Security Act

[section 652(f) of this title]; and

"(vi) appropriate measures for eliminating any other

impediments to the effective enforcement of medical support

orders that the Working Group deems necessary.

"(B) Report by secretaries to the congress. - Not later than 2

months after receipt of the report pursuant to subparagraph (A),

the Secretaries shall jointly submit a report to each House of

the Congress regarding the recommendations contained in the

report under subparagraph (A).

"(6) Termination. - The Working Group shall terminate 30 days

after the date of the issuance of its report under paragraph (5)."

PROMULGATION OF NATIONAL MEDICAL SUPPORT NOTICE

Pub. L. 105-200, title IV, Sec. 401(b), July 16, 1998, 112 Stat.

660, provided that:

"(1) In general. - The Secretary of Health and Human Services and

the Secretary of Labor shall jointly develop and promulgate by

regulation a National Medical Support Notice, to be issued by

States as a means of enforcing the health care coverage provisions

in a child support order.

"(2) Requirements. - The National Medical Support Notice shall -

"(A) conform with the requirements which apply to medical child

support orders under section 609(a)(3) of the Employee Retirement

Income Security Act of 1974 (29 U.S.C. 1169(a)(3)) in connection

with group health plans (subject to section 609(a)(4) of such

Act), irrespective of whether the group health plan is covered

under section 4 of such Act [29 U.S.C. 1003];

"(B) conform with the requirements of part D of title IV of the

Social Security Act [this part]; and

"(C) include a separate and easily severable employer

withholding notice, informing the employer of -

"(i) applicable provisions of State law requiring the

employer to withhold any employee contributions due under any

group health plan in connection with coverage required to be

provided under such order;

"(ii) the duration of the withholding requirement;

"(iii) the applicability of limitations on any such

withholding under title III of the Consumer Credit Protection

Act [15 U.S.C. 1671 et seq.];

"(iv) the applicability of any prioritization required under

State law between amounts to be withheld for purposes of cash

support and amounts to be withheld for purposes of medical

support, in cases where available funds are insufficient for

full withholding for both purposes; and

"(v) the name and telephone number of the appropriate unit or

division to contact at the State agency regarding the National

Medical Support Notice.

"(3) Procedures. - The regulations promulgated pursuant to

paragraph (1) shall include appropriate procedures for the

transmission of the National Medical Support Notice to employers by

State agencies administering the programs operated pursuant to part

D of title IV of the Social Security Act [this part].

"(4) Interim regulations. - Not later than 10 months after the

date of the enactment of this Act [July 16, 1998], the Secretaries

shall issue interim regulations providing for the National Medical

Support Notice.

"(5) Final regulations. - Not later than 1 year after the

issuance of the interim regulations under paragraph (4), the

Secretary of Health and Human Services and the Secretary of Labor

shall jointly issue final regulations providing for the National

Medical Support Notice."

AUTHORIZATION OF APPROPRIATIONS

Subsec. 101(e) of Pub. L. 93-647 provided that: "There are

authorized to be appropriated to the Secretary of Health,

Education, and Welfare such sums as may be necessary to plan and

prepare for the implementation of the program established by this

section [this part and section 6305 of Title 26, Internal Revenue

Code]."

-End-

-CITE-

42 USC Sec. 652 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 652. Duties of Secretary

-STATUTE-

(a) Establishment of separate organizational unit; duties

The Secretary shall establish, within the Department of Health

and Human Services a separate organizational unit, under the

direction of a designee of the Secretary, who shall report directly

to the Secretary and who shall -

(1) establish such standards for State programs for locating

noncustodial parents, establishing paternity, and obtaining child

support and support for the spouse (or former spouse) with whom

the noncustodial parent's child is living as he determines to be

necessary to assure that such programs will be effective;

(2) establish minimum organizational and staffing requirements

for State units engaged in carrying out such programs under plans

approved under this part;

(3) review and approve State plans for such programs;

(4)(A) review data and calculations transmitted by State

agencies pursuant to section 654(15)(B) of this title on State

program accomplishments with respect to performance indicators

for purposes of subsection (g) of this section and section 658a

of this title;

(B) review annual reports submitted pursuant to section

654(15)(A) of this title and, as appropriate, provide to the

State comments, recommendations for additional or alternative

corrective actions, and technical assistance; and

(C) conduct audits, in accordance with the Government auditing

standards of the Comptroller General of the United States -

(i) at least once every 3 years (or more frequently, in the

case of a State which fails to meet the requirements of this

part concerning performance standards and reliability of

program data) to assess the completeness, reliability, and

security of the data and the accuracy of the reporting systems

used in calculating performance indicators under subsection (g)

of this section and section 658a of this title;

(ii) of the adequacy of financial management of the State

program operated under the State plan approved under this part,

including assessments of -

(I) whether Federal and other funds made available to carry

out the State program are being appropriately expended, and

are properly and fully accounted for; and

(II) whether collections and disbursements of support

payments are carried out correctly and are fully accounted

for; and

(iii) for such other purposes as the Secretary may find

necessary;

(5) assist States in establishing adequate reporting procedures

and maintain records of the operations of programs established

pursuant to this part in each State, and establish procedures to

be followed by States for collecting and reporting information

required to be provided under this part, and establish uniform

definitions (including those necessary to enable the measurement

of State compliance with the requirements of this part relating

to expedited processes) to be applied in following such

procedures;

(6) maintain records of all amounts collected and disbursed

under programs established pursuant to the provisions of this

part and of the costs incurred in collecting such amounts;

(7) provide technical assistance to the States to help them

establish effective systems for collecting child and spousal

support and establishing paternity, and specify the minimum

requirements of an affidavit to be used for the voluntary

acknowledgment of paternity which shall include the social

security number of each parent and, after consultation with the

States, other common elements as determined by such designee;

(8) receive applications from States for permission to utilize

the courts of the United States to enforce court orders for

support against noncustodial parents and, upon a finding that (A)

another State has not undertaken to enforce the court order of

the originating State against the noncustodial parent within a

reasonable time, and (B) that utilization of the Federal courts

is the only reasonable method of enforcing such order, approve

such applications;

(9) operate the Federal Parent Locator Service established by

section 653 of this title;

(10) not later than three months after the end of each fiscal

year, beginning with the year 1977, submit to the Congress a full

and complete report on all activities undertaken pursuant to the

provisions of this part, which report shall include, but not be

limited to, the following:

(A) total program costs and collections set forth in

sufficient detail to show the cost to the States and the

Federal Government, the distribution of collections to

families, State and local governmental units, and the Federal

Government; and an identification of the financial impact of

the provisions of this part, including -

(i) the total amount of child support payments collected as

a result of services furnished during the fiscal year to

individuals receiving services under this part;

(ii) the cost to the States and to the Federal Government

of so furnishing the services; and

(iii) the number of cases involving families -

(I) who became ineligible for assistance under State

programs funded under part A of this subchapter during a

month in the fiscal year; and

(II) with respect to whom a child support payment was

received in the month;

(B) costs and staff associated with the Office of Child

Support Enforcement;

(C) the following data, separately stated for cases where the

child is receiving assistance under a State program funded

under part A of this subchapter (or foster care maintenance

payments under part E of this subchapter), or formerly received

such assistance or payments and the State is continuing to

collect support assigned to it pursuant to section 608(a)(3) of

this title or under section 671(a)(17) or 1396k of this title,

and for all other cases under this part:

(i) the total number of cases in which a support obligation

has been established in the fiscal year for which the report

is submitted;

(ii) the total number of cases in which a support

obligation has been established;

(iii) the number of cases in which support was collected

during the fiscal year;

(iv) the total amount of support collected during such

fiscal year and distributed as current support;

(v) the total amount of support collected during such

fiscal year and distributed as arrearages;

(vi) the total amount of support due and unpaid for all

fiscal years; and

(vii) the number of child support cases filed in each State

in such fiscal year, and the amount of the collections made

in each State in such fiscal year, on behalf of children

residing in another State or against parents residing in

another State;

(D) the status of all State plans under this part as of the

end of the fiscal year last ending before the report is

submitted, together with an explanation of any problems which

are delaying or preventing approval of State plans under this

part;

(E) data, by State, on the use of the Federal Parent Locator

Service, and the number of locate requests submitted without

the noncustodial parent's social security account number;

(F) the number of cases, by State, in which an applicant for

or recipient of assistance under a State program funded under

part A of this subchapter has refused to cooperate in

identifying and locating the noncustodial parent and the number

of cases in which refusal so to cooperate is based on good

cause (as determined by the State);

(G) data, by State, on use of the Internal Revenue Service

for collections, the number of court orders on which

collections were made, the number of paternity determinations

made and the number of parents located, in sufficient detail to

show the cost and benefits to the States and to the Federal

Government;

(H) the major problems encountered which have delayed or

prevented implementation of the provisions of this part during

the fiscal year last ending prior to the submission of such

report; and

(I) compliance, by State, with the standards established

pursuant to subsections (h) and (i) of this section; and

(11) not later than October 1, 1996, after consulting with the

State directors of programs under this part, promulgate forms to

be used by States in interstate cases for -

(A) collection of child support through income withholding;

(B) imposition of liens; and

(C) administrative subpoenas.

(b) Certification of child support obligations to Secretary of the

Treasury for collection

The Secretary shall, upon the request of any State having in

effect a State plan approved under this part, certify to the

Secretary of the Treasury for collection pursuant to the provisions

of section 6305 of the Internal Revenue Code of 1986 the amount of

any child support obligation (including any support obligation with

respect to the parent who is living with the child and receiving

assistance under the State program funded under part A of this

subchapter) which is assigned to such State or is undertaken to be

collected by such State pursuant to section 654(4) of this title.

No amount may be certified for collection under this subsection

except the amount of the delinquency under a court or

administrative order for support and upon a showing by the State

that such State has made diligent and reasonable efforts to collect

such amounts utilizing its own collection mechanisms, and upon an

agreement that the State will reimburse the Secretary of the

Treasury for any costs involved in making the collection. All

reimbursements shall be credited to the appropriation accounts

which bore all or part of the costs involved in making the

collections. The Secretary after consultation with the Secretary of

the Treasury may, by regulation, establish criteria for accepting

amounts for collection and for making certification under this

subsection including imposing such limitations on the frequency of

making such certifications under this subsection.

(c) Payment of child support collections to States

The Secretary of the Treasury shall from time to time pay to each

State for distribution in accordance with the provisions of section

657 of this title the amount of each collection made on behalf of

such State pursuant to subsection (b) of this section.

(d) Child support management information system

(1) Except as provided in paragraph (3), the Secretary shall not

approve the initial and annually updated advance automated data

processing planning document, referred to in section 654(16) of

this title, unless he finds that such document, when implemented,

will generally carry out the objectives of the management system

referred to in such subsection, and such document -

(A) provides for the conduct of, and reflects the results of,

requirements analysis studies, which include consideration of the

program mission, functions, organization, services, constraints,

and current support, of, in, or relating to, such system,

(B) contains a description of the proposed management system

referred to in section 654(16) of this title, including a

description of information flows, input data, and output reports

and uses,

(C) sets forth the security and interface requirements to be

employed in such management system,

(D) describes the projected resource requirements for staff and

other needs, and the resources available or expected to be

available to meet such requirements,

(E) contains an implementation plan and backup procedures to

handle possible failures,

(F) contains a summary of proposed improvement of such

management system in terms of qualitative and quantitative

benefits, and

(G) provides such other information as the Secretary determines

under regulation is necessary.

(2)(A) The Secretary shall through the separate organizational

unit established pursuant to subsection (a) of this section, on a

continuing basis, review, assess, and inspect the planning, design,

and operation of, management information systems referred to in

section 654(16) of this title, with a view to determining whether,

and to what extent, such systems meet and continue to meet

requirements imposed under paragraph (1) and the conditions

specified under section 654(16) of this title.

(B) If the Secretary finds with respect to any statewide

management information system referred to in section 654(16) of

this title that there is a failure substantially to comply with

criteria, requirements, and other undertakings, prescribed by the

advance automated data processing planning document theretofore

approved by the Secretary with respect to such system, then the

Secretary shall suspend his approval of such document until there

is no longer any such failure of such system to comply with such

criteria, requirements, and other undertakings so prescribed.

(3) The Secretary may waive any requirement of paragraph (1) or

any condition specified under section 654(16) of this title, and

shall waive the single statewide system requirement under sections

654(16) and 654a of this title, with respect to a State if -

(A) the State demonstrates to the satisfaction of the Secretary

that the State has or can develop an alternative system or

systems that enable the State -

(i) for purposes of section 609(a)(8) of this title, to

achieve the paternity establishment percentages (as defined in

subsection (g)(2) of this section) and other performance

measures that may be established by the Secretary;

(ii) to submit data under section 654(15)(B) of this title

that is complete and reliable;

(iii) to substantially comply with the requirements of this

part; and

(iv) in the case of a request to waive the single statewide

system requirement, to -

(I) meet all functional requirements of sections 654(16)

and 654a of this title;

(II) ensure that calculation of distributions meets the

requirements of section 657 of this title and accounts for

distributions to children in different families or in

different States or sub-State jurisdictions, and for

distributions to other States;

(III) ensure that there is only one point of contact in the

State which provides seamless case processing for all

interstate case processing and coordinated, automated

intrastate case management;

(IV) ensure that standardized data elements, forms, and

definitions are used throughout the State;

(V) complete the alternative system in no more time than it

would take to complete a single statewide system that meets

such requirement; and

(VI) process child support cases as quickly, efficiently,

and effectively as such cases would be processed through a

single statewide system that meets such requirement;

(B)(i) the waiver meets the criteria of paragraphs (1), (2),

and (3) of section 1315(c) of this title; or

(ii) the State provides assurances to the Secretary that steps

will be taken to otherwise improve the State's child support

enforcement program; and

(C) in the case of a request to waive the single statewide

system requirement, the State has submitted to the Secretary

separate estimates of the total cost of a single statewide system

that meets such requirement, and of any such alternative system

or systems, which shall include estimates of the cost of

developing and completing the system and of operating and

maintaining the system for 5 years, and the Secretary has agreed

with the estimates.

(e) Technical assistance to States

The Secretary shall provide such technical assistance to States

as he determines necessary to assist States to plan, design,

develop, or install and provide for the security of, the management

information systems referred to in section 654(16) of this title.

(f) Regulations

The Secretary shall issue regulations to require that State

agencies administering the child support enforcement program under

this part include medical support as part of any child support

order and enforce medical support whenever health care coverage is

available to the noncustodial parent at a reasonable cost. Such

regulation shall also provide for improved information exchange

between such State agencies and the State agencies administering

the State medicaid programs under subchapter XIX of this chapter

with respect to the availability of health insurance coverage.

(g) Performance standards for State paternity establishment

programs

(1) A State's program under this part shall be found, for

purposes of section 609(a)(8) of this title, not to have complied

substantially with the requirements of this part unless, for any

fiscal year beginning on or after October 1, 1994, its paternity

establishment percentage for such fiscal year is based on reliable

data and (rounded to the nearest whole percentage point) equals or

exceeds -

(A) 90 percent;

(B) for a State with a paternity establishment percentage of

not less than 75 percent but less than 90 percent for such fiscal

year, the paternity establishment percentage of the State for the

immediately preceding fiscal year plus 2 percentage points;

(C) for a State with a paternity establishment percentage of

not less than 50 percent but less than 75 percent for such fiscal

year, the paternity establishment percentage of the State for the

immediately preceding fiscal year plus 3 percentage points;

(D) for a State with a paternity establishment percentage of

not less than 45 percent but less than 50 percent for such fiscal

year, the paternity establishment percentage of the State for the

immediately preceding fiscal year plus 4 percentage points;

(E) for a State with a paternity establishment percentage of

not less than 40 percent but less than 45 percent for such fiscal

year, the paternity establishment percentage of the State for the

immediately preceding fiscal year plus 5 percentage points; or

(F) for a State with a paternity establishment percentage of

less than 40 percent for such fiscal year, the paternity

establishment percentage of the State for the immediately

preceding fiscal year plus 6 percentage points.

In determining compliance under this section, a State may use as

its paternity establishment percentage either the State's IV-D

paternity establishment percentage (as defined in paragraph (2)(A))

or the State's statewide paternity establishment percentage (as

defined in paragraph (2)(B)).

(2) For purposes of this section -

(A) the term "IV-D paternity establishment percentage" means,

with respect to a State for a fiscal year, the ratio (expressed

as a percentage) that the total number of children -

(i) who have been born out of wedlock,

(ii)(I) except as provided in the last sentence of this

paragraph, with respect to whom assistance is being provided

under the State program funded under part A of this subchapter

in the fiscal year or, at the option of the State, as of the

end of such year, or (II) with respect to whom services are

being provided under the State's plan approved under this part

in the fiscal year or, at the option of the State, as of the

end of such year pursuant to an application submitted under

section 654(4)(A)(ii) of this title, and

(iii) the paternity of whom has been established or

acknowledged,

bears to the total number of children born out of wedlock and

(except as provided in such last sentence) with respect to whom

assistance was being provided under the State program funded

under part A of this subchapter as of the end of the preceding

fiscal year or with respect to whom services were being provided

under the State's plan approved under this part as of the end of

the preceding fiscal year pursuant to an application submitted

under section 654(4)(A)(ii) of this title;

(B) the term "statewide paternity establishment percentage"

means, with respect to a State for a fiscal year, the ratio

(expressed as a percentage) that the total number of minor

children -

(i) who have been born out of wedlock, and

(ii) the paternity of whom has been established or

acknowledged during the fiscal year,

bears to the total number of children born out of wedlock during

the preceding fiscal year; and

(C) the term "reliable data" means the most recent data

available which are found by the Secretary to be reliable for

purposes of this section.

For purposes of subparagraphs (A) and (B), the total number of

children shall not include any child with respect to whom

assistance is being provided under the State program funded under

part A of this subchapter by reason of the death of a parent unless

paternity is established for such child or any child with respect

to whom an applicant or recipient is found by the State to qualify

for a good cause or other exception to cooperation pursuant to

section 654(29) of this title.

(3)(A) The Secretary may modify the requirements of this

subsection to take into account such additional variables as the

Secretary identifies (including the percentage of children in a

State who are born out of wedlock or for whom support has not been

established) that affect the ability of a State to meet the

requirements of this subsection.

(B) The Secretary shall submit an annual report to the Congress

that sets forth the data upon which the paternity establishment

percentages for States for a fiscal year are based, lists any

additional variables the Secretary has identified under

subparagraph (A), and describes State performance in establishing

paternity.

(h) Prompt State response to requests for child support assistance

The standards required by subsection (a)(1) of this section shall

include standards establishing time limits governing the period or

periods within which a State must accept and respond to requests

(from States, jurisdictions thereof, or individuals who apply for

services furnished by the State agency under this part or with

respect to whom an assignment pursuant to section 608(a)(3) of this

title is in effect) for assistance in establishing and enforcing

support orders, including requests to locate noncustodial parents,

establish paternity, and initiate proceedings to establish and

collect child support awards.

(i) Prompt State distribution of amounts collected as child support

The standards required by subsection (a)(1) of this section shall

include standards establishing time limits governing the period or

periods within which a State must distribute, in accordance with

section 657 of this title, amounts collected as child support

pursuant to the State's plan approved under this part.

(j) Training of Federal and State staff, research and demonstration

programs, and special projects of regional or national

significance

Out of any money in the Treasury of the United States not

otherwise appropriated, there is hereby appropriated to the

Secretary for each fiscal year an amount equal to 1 percent of the

total amount paid to the Federal Government pursuant to a plan

approved under this part during the immediately preceding fiscal

year (as determined on the basis of the most recent reliable data

available to the Secretary as of the end of the third calendar

quarter following the end of such preceding fiscal year), which

shall be available for use by the Secretary, either directly or

through grants, contracts, or interagency agreements, for -

(1) information dissemination and technical assistance to

States, training of State and Federal staff, staffing studies,

and related activities needed to improve programs under this part

(including technical assistance concerning State automated

systems required by this part); and

(2) research, demonstration, and special projects of regional

or national significance relating to the operation of State

programs under this part.

The amount appropriated under this subsection shall remain

available until expended.

(k) Denial of passports for nonpayment of child support

(1) If the Secretary receives a certification by a State agency

in accordance with the requirements of section 654(31) of this

title that an individual owes arrearages of child support in an

amount exceeding $5,000, the Secretary shall transmit such

certification to the Secretary of State for action (with respect to

denial, revocation, or limitation of passports) pursuant to

paragraph (2).

(2) The Secretary of State shall, upon certification by the

Secretary transmitted under paragraph (1), refuse to issue a

passport to such individual, and may revoke, restrict, or limit a

passport issued previously to such individual.

(3) The Secretary and the Secretary of State shall not be liable

to an individual for any action with respect to a certification by

a State agency under this section.

(l) Facilitation of agreements between State agencies and financial

institutions

The Secretary, through the Federal Parent Locator Service, may

aid State agencies providing services under State programs operated

pursuant to this part and financial institutions doing business in

two or more States in reaching agreements regarding the receipt

from such institutions, and the transfer to the State agencies, of

information that may be provided pursuant to section

666(a)(17)(A)(i) of this title, except that any State that, as of

July 16, 1998, is conducting data matches pursuant to section

666(a)(17)(A)(i) of this title shall have until January 1, 2000, to

allow the Secretary to obtain such information from such

institutions that are operating in the State. For purposes of

section 3413(d) of title 12, a disclosure pursuant to this

subsection shall be considered a disclosure pursuant to a Federal

statute.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 452, as added Pub. L.

93-647, Sec. 101(a), Jan. 4, 1975, 88 Stat. 2351; amended Pub. L.

95-30, title V, Sec. 504(a), May 23, 1977, 91 Stat. 163; Pub. L.

96-265, title IV, Secs. 402(a), 405(c), (d), June 9, 1980, 94 Stat.

462, 464, 465; Pub. L. 96-272, title III, Sec. 301(b), June 17,

1980, 94 Stat. 527; Pub. L. 97-35, title XXIII, Sec. 2332(b), Aug.

13, 1981, 95 Stat. 861; Pub. L. 97-248, title I, Sec. 175(a)(1),

Sept. 3, 1982, 96 Stat. 403; Pub. L. 98-369, div. B, title VI, Sec.

2663(c)(12), (j)(2)(B)(viii), July 18, 1984, 98 Stat. 1166, 1170;

Pub. L. 98-378, Secs. 4(b), 9(a)(1), 13(a), (b), 16, Aug. 16, 1984,

98 Stat. 1312, 1316, 1319, 1321; Pub. L. 99-514, Sec. 2, Oct. 22,

1986, 100 Stat. 2095; Pub. L. 100-203, title IX, Sec. 9143(a), Dec.

22, 1987, 101 Stat. 1330-322; Pub. L. 100-485, title I, Secs.

111(a), 121(a), 122(a), 123(b), (d), Oct. 13, 1988, 102 Stat. 2348,

2351-2353; Pub. L. 101-239, title X, Sec. 10403(a)(1)(B)(i), Dec.

19, 1989, 103 Stat. 2487; Pub. L. 103-66, title XIII, Sec.

13721(a), Aug. 10, 1993, 107 Stat. 658; Pub. L. 103-432, title II,

Sec. 213, Oct. 31, 1994, 108 Stat. 4461; Pub. L. 104-35, Sec. 1(b),

Oct. 12, 1995, 109 Stat. 294; Pub. L. 104-193, title I, Sec.

108(c)(2)-(9), title III, Secs. 301(c)(1), (2), 316(e)(1), 324(a),

331(b), 341(b), formerly 341(c), 342(b), 343(a), 345(a), 346(a),

370(a)(1), 395(d)(1)(B), Aug. 22, 1996, 110 Stat. 2165, 2200, 2215,

2223, 2230, 2232-2234, 2237, 2238, 2251, 2259; Pub. L. 104-208,

div. A, title I, Sec. 101(e) [title II, Sec. 215], Sept. 30, 1996,

110 Stat. 3009-233, 3009-255; Pub. L. 105-33, title V, Secs.

5513(a)(1), (2), 5540, 5541(a), 5556(c), Aug. 5, 1997, 111 Stat.

619, 630, 637; Pub. L. 105-200, title I, Sec. 102(a), title II,

Sec. 201(e)(1)(A), title IV, Secs. 401(c)(2), 406(b), 407(b), July

16, 1998, 112 Stat. 647, 657, 662, 671, 672; Pub. L. 106-169, title

IV, Sec. 401(f), Dec. 14, 1999, 113 Stat. 1858.)

-REFTEXT-

REFERENCES IN TEXT

Parts A and E of this subchapter, referred to in subsecs.

(a)(10), (b), and (g)(2), are classified to sections 601 et seq.

and 670 et seq. of this title.

The Internal Revenue Code of 1986, referred to in subsec. (b), is

classified generally to Title 26, Internal Revenue Code.

-COD-

CODIFICATION

Subsec. (a)(4)(A) and (C)(i) are set out in this supplement to

update translations appearing in main edition.

-MISC1-

AMENDMENTS

1999 - Subsec. (a)(7). Pub. L. 106-169 substituted "social

security" for "Social Security".

1998 - Subsec. (a)(10)(H) to (J). Pub. L. 105-200, Sec. 407(b),

inserted "and" at end of subpar. (H), redesignated subpar. (J) as

(I), and struck out former subpar. (I) which read as follows: "the

amount of administrative costs which are expended in each

functional category of expenditures, including establishment of

paternity; and".

Subsec. (d)(3). Pub. L. 105-200, Sec. 102(a), amended par. (3)

generally. Prior to amendment, par. (3) read as follows: "The

Secretary may waive any requirement of paragraph (1) or any

condition specified under section 654(16) of this title with

respect to a State if -

"(A) the State demonstrates to the satisfaction of the

Secretary that the State has an alternative system or systems

that enable the State, for purposes of section 609(a)(8) of this

title, to achieve the paternity establishment percentages (as

defined under subsection (g)(2) of this section) and other

performance measures that may be established by the Secretary,

and to submit data under section 654(15)(B) of this title that is

complete and reliable, and to substantially comply with the

requirements of this part; and

"(B)(i) the waiver meets the criteria of paragraphs (1), (2),

and (3) of section 1315(b) of this title, or

"(ii) the State provides assurances to the Secretary that steps

will be taken to otherwise improve the State's child support

enforcement program."

Subsec. (f). Pub. L. 105-200, Sec. 401(c)(2), substituted

"include" for "petition for the inclusion of" and inserted "and

enforce medical support" before "whenever".

Subsec. (g). Pub. L. 105-200, Sec. 201(e)(1)(A), amended Pub. L.

104-193, Sec. 341. See 1996 Amendment notes below.

Subsec. (l). Pub. L. 105-200, Sec. 406(b), added subsec. (l).

1997 - Subsec. (d)(3)(A). Pub. L. 105-33, Sec. 5513(a)(1)(A),

substituted "section 609(a)(8) of this title, to achieve the

paternity establishment percentages (as defined under subsection

(g)(2) of this section) and other performance measures that may be

established by the Secretary, and to submit data under section

654(15)(B) of this title that is complete and reliable, and to

substantially comply with the requirements of this part; and" for

"section 603(h) of this title, to be in substantial compliance with

other requirements of this part; and".

Subsec. (g)(1). Pub. L. 105-33, Sec. 5513(a)(1)(B), substituted

"section 609(a)(8)" for "section 603(h)" in introductory

provisions.

Subsec. (g)(2). Pub. L. 105-33, Sec. 5513(a)(2), made technical

amendment to directory language of Pub. L. 104-193, Sec. 108(c)(8).

See 1996 Amendment note below.

Pub. L. 105-33, Sec. 5540, substituted "subparagraphs (A) and

(B)" for "subparagraph (A)" in concluding provisions.

Subsec. (j). Pub. L. 105-33, Sec. 5556(c), amended Pub. L.

104-208, Sec. 101(e) [title II, Sec. 215], generally. See 1996

Amendment note below.

Pub. L. 105-33, Sec. 5541(a), substituted "which shall be

available for use by the Secretary, either directly or through

grants, contracts, or interagency agreements," for "to cover costs

incurred by the Secretary" in introductory provisions.

1996 - Subsec. (a)(1). Pub. L. 104-193, Sec. 395(d)(1)(B),

substituted "noncustodial" for "absent" in two places.

Subsec. (a)(4). Pub. L. 104-193, Sec. 342(b), amended par. (4)

generally. Prior to amendment, par. (4) read as follows: "evaluate

the implementation of State programs established pursuant to such

plan, conduct such audits of State programs established under the

plan approved under this part as may be necessary to assure their

conformity with the requirements of this part, and, not less often

than once every three years (or not less often than annually in the

case of any State to which a reduction is being applied under

section 603(h)(1) of this title, or which is operating under a

corrective action plan in accordance with section 603(h)(2) of this

title), conduct a complete audit of the programs established under

such plan in each State and determine for the purposes of the

penalty provision of section 603(h) of this title whether the

actual operation of such programs in each State conforms to the

requirements of this part;".

Subsec. (a)(5). Pub. L. 104-193, Sec. 343(a), inserted before

semicolon at end ", and establish procedures to be followed by

States for collecting and reporting information required to be

provided under this part, and establish uniform definitions

(including those necessary to enable the measurement of State

compliance with the requirements of this part relating to expedited

processes) to be applied in following such procedures".

Subsec. (a)(7). Pub. L. 104-193, Sec. 331(b), inserted before

semicolon at end ", and specify the minimum requirements of an

affidavit to be used for the voluntary acknowledgment of paternity

which shall include the Social Security number of each parent and,

after consultation with the States, other common elements as

determined by such designee".

Subsec. (a)(8). Pub. L. 104-193, Sec. 395(d)(1)(B), substituted

"noncustodial" for "absent" in two places.

Subsec. (a)(9). Pub. L. 104-193, Sec. 316(e)(1), inserted

"Federal" before "Parent".

Subsec. (a)(10). Pub. L. 104-193, Sec. 346(a)(5), struck out

closing provisions which read as follows: "The information

contained in any such report under subparagraph (A) shall

specifically include (i) the total amount of child support payments

collected as a result of services furnished during the fiscal year

involved to individuals under section 654(6) of this title, (ii)

the cost to the States and to the Federal Government of furnishing

such services to those individuals, and (iii) the extent to which

the furnishing of such services was successful in providing

sufficient support to those individuals to assure that they did not

require assistance under the State plan approved under part A of

this subchapter."

Subsec. (a)(10)(A). Pub. L. 104-193, Sec. 346(a)(1)(A),

substituted "this part, including - " for "this part;".

Subsec. (a)(10)(A)(i) to (iii). Pub. L. 104-193, Sec.

346(a)(1)(B), added cls. (i) to (iii).

Subsec. (a)(10)(C). Pub. L. 104-193, Sec. 346(a)(2)(A), in

introductory provisions, substituted "separately stated for cases"

for "with the data required under each clause being separately

stated for cases", "or formerly received" for "cases where the

child was formerly receiving", "671(a)(17) or 1396k of this title"

for "671(a)(17) of this title", and "for all other cases under this

part" for "all other cases under this part".

Pub. L. 104-193, Sec. 108(c)(2), in introductory provisions,

substituted "assistance under a State program funded under part A

of this subchapter" for "aid to families with dependent children",

"such assistance or payments" for "such aid or payments", and

"pursuant to section 608(a)(3) of this title or under section" for

"under section 602(a)(26) or".

Subsec. (a)(10)(C)(i), (ii). Pub. L. 104-193, Sec. 346(a)(2)(B),

struck out ", and the total amount of such obligations" before

semicolon at end.

Subsec. (a)(10)(C)(iii). Pub. L. 104-193, Sec. 346(a)(2)(C),

substituted "in which support was collected during the fiscal year"

for "described in clause (i) in which support was collected during

such fiscal year, and the total amount of such collections".

Subsec. (a)(10)(C)(iv) to (vii). Pub. L. 104-193, Sec.

346(a)(2)(D), (E), added cls. (iv) to (vi), redesignated former cl.

(v) as (vii), and struck out former cl. (iv) which read as follows:

"the number of cases described in clause (ii) in which support was

collected during such fiscal year, and the total amount of such

collections; and".

Subsec. (a)(10)(E). Pub. L. 104-193, Sec. 395(d)(1)(B),

substituted "noncustodial" for "absent".

Subsec. (a)(10)(F). Pub. L. 104-193, Sec. 395(d)(1)(B),

substituted "noncustodial" for "absent".

Pub. L. 104-193, Sec. 108(c)(3), substituted "assistance under a

State program funded under part A of this subchapter" for "aid

under a State plan approved under part A of this subchapter" and

"(as determined by the State)" for "(as determined in accordance

with the standards referred to in section 602(a)(26)(B)(ii) of this

title)".

Subsec. (a)(10)(G). Pub. L. 104-193, Sec. 346(a)(3), struck out

"on the use of Federal courts and" before "on use of the Internal

Revenue Service".

Subsec. (a)(10)(J). Pub. L. 104-193, Sec. 346(a)(4), added

subpar. (J).

Subsec. (a)(11). Pub. L. 104-193, Sec. 324(a), added par. (11).

Subsec. (b). Pub. L. 104-193, Sec. 301(c)(1), substituted

"654(4)" for "654(6)".

Pub. L. 104-193, Sec. 108(c)(4), substituted "assistance under

the State program funded under part A" for "aid under the State

plan approved under part A".

Subsec. (d)(3)(B)(i). Pub. L. 104-193, Sec. 108(c)(5),

substituted "1315(b)" for "1315(c)".

Subsec. (f). Pub. L. 104-193, Sec. 395(d)(1)(B), substituted

"noncustodial" for "absent".

Subsec. (g)(1). Pub. L. 104-193, Sec. 341(b)(2)(B), formerly Sec.

341(c)(2)(B), as redesignated by Pub. L. 105-200, Sec.

201(e)(1)(A), inserted as closing provisions "In determining

compliance under this section, a State may use as its paternity

establishment percentage either the State's IV-D paternity

establishment percentage (as defined in paragraph (2)(A)) or the

State's statewide paternity establishment percentage (as defined in

paragraph (2)(B))."

Subsec. (g)(1)(A). Pub. L. 104-193, Sec. 341(b)(1), formerly Sec.

341(c)(1), as redesignated by Pub. L. 105-200, Sec. 201(e)(1)(A),

substituted "90" for "75".

Subsec. (g)(1)(B) to (F). Pub. L. 104-193, Sec. 341(b)(2)(A),

formerly Sec. 341(c)(2)(A), as redesignated by Pub. L. 105-200,

Sec. 201(e)(1)(A), added subpar. (B) and redesignated former

subpars. (B) to (E) as (C) to (F), respectively.

Subsec. (g)(2). Pub. L. 104-193, Sec. 108(c)(8), as amended by

Pub. L. 105-33, Sec. 5513(a)(2), in closing provisions, substituted

"with respect to whom assistance is being provided under the State

program funded under part A of this subchapter" for "who is a

dependent child" and "found by the State to qualify for a good

cause or other exception to cooperation pursuant to section 654(29)

of this title" for "found to have good cause for refusing to

cooperate under section 602(a)(26) of this title or any child with

respect to whom the State agency administering the plan under part

E of this subchapter determines (as provided in section 654(4)(B)

of this title) that it is against the best interests of such child

to do so".

Subsec. (g)(2)(A). Pub. L. 104-193, Sec. 341(b)(3)(A), formerly

Sec. 341(c)(3)(A), as redesignated by Pub. L. 105-200, Sec.

201(e)(1)(A), in introductory provisions, substituted " 'IV-D

paternity establishment percentage' " for " 'paternity

establishment percentage' " and struck out "(or all States, as the

case may be)" after "with respect to a State", and, in closing

provisions, struck out "and" at end.

Pub. L. 104-193, Sec. 301(c)(2), substituted "654(4)(A)(ii)" for

"654(6)" in cl. (ii)(I) and in closing provisions.

Pub. L. 104-193, Sec. 108(c)(7), in concluding provisions,

substituted "assistance was being provided under the State program

funded under part A" for "aid was being paid under the State's plan

approved under part A or E".

Subsec. (g)(2)(A)(ii)(I). Pub. L. 104-193, Sec. 108(c)(6),

substituted "assistance is being provided under the State program

funded under part A" for "aid is being paid under the State's plan

approved under part A or E".

Subsec. (g)(2)(B), (C). Pub. L. 104-193, Sec. 341(b)(3)(B),

formerly Sec. 341(c)(3)(B), as redesignated by Pub. L. 105-200,

Sec. 201(e)(1)(A), added subpar. (B) and redesignated former

subpar. (B) as (C).

Subsec. (g)(3)(A). Pub. L. 104-193, Sec. 341(b)(4)(B), formerly

Sec. 341(c)(4)(B), as redesignated by Pub. L. 105-200, Sec.

201(e)(1)(A), substituted "the percentage of children in a State

who are born out of wedlock or for whom support has not been

established" for "the percentage of children born out-of-wedlock in

a State".

Pub. L. 104-193, Sec. 341(b)(4)(A), formerly Sec. 341(c)(4)(A),

as redesignated by Pub. L. 105-200, Sec. 201(e)(1)(A), redesignated

subpar. (B) as (A) and struck out former subpar. (A) which read as

follows: "The requirements of this subsection are in addition to

and shall not supplant any other requirement (that is not

inconsistent with such requirements) established in regulations by

the Secretary for the purpose of determining (for purposes of

section 603(h) of this title) whether the program of a State

operated under this part shall be treated as complying

substantially with the requirements of this part."

Subsec. (g)(3)(B), (C). Pub. L. 104-193, Sec. 341(b)(4)(A),

formerly Sec. 341(c)(4)(A), as redesignated by Pub. L. 105-200,

Sec. 201(e)(1)(A), redesignated subpars. (B) and (C) as (A) and

(B), respectively.

Subsec. (h). Pub. L. 104-193, Sec. 395(d)(1)(B), substituted

"noncustodial" for "absent".

Pub. L. 104-193, Sec. 108(c)(9), substituted "pursuant to section

608(a)(3)" for "under section 602(a)(26)".

Subsec. (j). Pub. L. 104-208, title I, Sec. 101(e) [title II,

Sec. 215], as amended by Pub. L. 105-33, Sec. 5556(c), substituted

"a plan approved under this part" for "section 657(a) of this

title".

Pub. L. 104-193, Sec. 345(a), added subsec. (j).

Subsec. (k). Pub. L. 104-193, Sec. 370(a)(1), added subsec. (k).

1995 - Subsecs. (d)(1)(B), (2)(A), (B), (e). Pub. L. 104-35

substituted "in section 654(16)" for "in section 655(a)(1)(B)".

1994 - Subsec. (g)(2)(A). Pub. L. 103-432, Sec. 213(5), in

closing provisions, substituted "born out of wedlock" for "who were

born out of wedlock during the immediately preceding fiscal year",

substituted "the preceding fiscal year" for "such preceding fiscal

year" in two places, and struck out "or E" after "under this part".

Subsec. (g)(2)(A)(i). Pub. L. 103-432, Sec. 213(1), struck out

"during the fiscal year" after "wedlock".

Subsec. (g)(2)(A)(ii)(I). Pub. L. 103-432, Sec. 213(2),

substituted "in the fiscal year or, at the option of the State, as

of the end of such year" for "as of the end of the fiscal year".

Subsec. (g)(2)(A)(ii)(II). Pub. L. 103-432, Sec. 213(3),

substituted "in the fiscal year or, at the option of the State, as

of the end of such year" for "or E as of the end of the fiscal

year".

Subsec. (g)(2)(A)(iii). Pub. L. 103-432, Sec. 213(4), struck out

"during the fiscal year" after "acknowledged".

1993 - Subsec. (g)(1). Pub. L. 103-66, Sec. 13721(a)(1)(A)-(C),

substituted "1994" for "1991" and inserted "is based on reliable

data and (rounded to the nearest whole percentage point)" before

"equals".

Subsec. (g)(1)(A) to (E). Pub. L. 103-66, Sec. 13721(a)(1)(D),

added subpars. (A) to (E) and struck out former subpars. (A) to (C)

which read as follows:

"(A) 50 percent;

"(B) the paternity establishment percentage of the State for the

fiscal year 1988, increased by the applicable number of percentage

points; or

"(C) the paternity establishment percentage determined with

respect to all States for such fiscal year."

Subsec. (g)(2). Pub. L. 103-66, Sec. 13721(a)(2)(C), (D), in

concluding provisions, inserted "unless paternity is established

for such child" after "the death of a parent" and "or any child

with respect to whom the State agency administering the plan under

part E of this subchapter determines (as provided in section

654(4)(B) of this title) that it is against the best interests of

such child to do so" after "cooperate under section 602(a)(26) of

this title".

Subsec. (g)(2)(A). Pub. L. 103-66, Sec. 13721(a)(2)(A), in cl.

(i), inserted before comma "during the fiscal year", in cl.

(ii)(I), substituted "part A or E of this subchapter as of the end

of the" for "part A of this subchapter (or under all such plans)

for such", in cl. (ii)(II), substituted "this part or E as of the

end of the" for "this part (or under all such plans) for the", in

cl. (iii), inserted before comma "or acknowledged during the fiscal

year", and in concluding provisions, substituted "children who were

born out of wedlock during the immediately preceding fiscal year

and" for "children who have been born out of wedlock and", "aid was

being paid" for "aid is being paid", "part A or E of this

subchapter as of the end of such preceding fiscal" for "part A of

this subchapter (or under all such plans) for such fiscal",

"services were being" for "services are being", and "this part or E

as of the end of such preceding fiscal" for "this part (or under

all such plans) for the fiscal".

Subsec. (g)(2)(B). Pub. L. 103-66, Sec. 13721(a)(2)(B), added

subpar. (B) and struck out former subpar. (B) which read as

follows: "the applicable number of percentage points means, with

respect to a fiscal year (beginning with the fiscal year 1991), 3

percentage points multiplied by the number of fiscal years after

the fiscal year 1989 and before the beginning of such fiscal year."

1989 - Subsec. (d)(2)(B). Pub. L. 101-239 substituted "automated

data" for "automatic data".

1988 - Subsec. (d)(1). Pub. L. 100-485, Sec. 123(b)(1),

substituted "Except as provided in paragraph (3), the" for "The".

Pub. L. 100-485, Sec. 123(d), substituted "automated" for

"automatic".

Subsec. (d)(3). Pub. L. 100-485, Sec. 123(b)(2), added par. (3).

Subsec. (g). Pub. L. 100-485, Sec. 111(a), added subsec. (g).

Subsec. (h). Pub. L. 100-485, Sec. 121(a), added subsec. (h).

Subsec. (i). Pub. L. 100-485, Sec. 122(a), added subsec. (i).

1987 - Subsec. (c). Pub. L. 100-203 amended subsec. (c)

generally. Prior to amendment, subsec. (c) read as follows:

"(1) There is hereby established in the Treasury a revolving fund

which shall be available to the Secretary without fiscal year

limitation, to enable him to pay to the States for distribution in

accordance with the provisions of section 657 of this title such

amounts as may be collected and paid (subject to paragraph (2))

into such fund under section 6305 of the Internal Revenue Code of

1986.

"(2) There is hereby appropriated to the fund, out of any moneys

in the Treasury not otherwise appropriated, amounts equal to the

amounts collected under section 6305 the Internal Revenue Code of

1986, reduced by the amounts credited or refunded as overpayments

of the amounts so collected. The amounts appropriated by the

preceding sentence shall be transferred at least quarterly from the

general fund of the Treasury to the fund on the basis of estimates

made by the Secretary of the Treasury. Proper adjustments shall be

made in the amounts subsequently transferred to the extent prior

estimates were in excess of or less than the amounts required to be

transferred."

1986 - Subsecs. (b), (c). Pub. L. 99-514 substituted "Internal

Revenue Code of 1986" for "Internal Revenue Code of 1954" wherever

appearing.

1984 - Subsec. (a). Pub. L. 98-369, Sec. 2663(j)(2)(B)(viii),

substituted "Health and Human Services" for "Health, Education, and

Welfare" in provisions preceding par. (1).

Subsec. (a)(4). Pub. L. 98-378, Sec. 9(a)(1), substituted "not

less often than once every three years (or not less often than

annually in the case of any State to which a reduction is being

applied under section 603(h)(1) of this title, or which is

operating under a corrective action plan in accordance with section

603(h)(2) of this title)" for "not less often than annually".

Subsec. (a)(10)(C). Pub. L. 98-378, Sec. 13(a), amended subpar.

(C) generally to include the reporting of additional aspects of

child support enforcement. Prior to amendment, subpar. (C) read as

follows: "the number of child support cases (with separate

identification of the number in which collection of spousal support

was involved) in each State during each quarter of the fiscal year

last ending before the report is submitted and during each quarter

of the preceding fiscal year (including the transitional period

beginning July 1, 1976, and ending September 30, 1976, in the case

of the first report to which this subparagraph applies), and the

disposition of such cases;".

Subsec. (a)(10)(I). Pub. L. 98-378, Sec. 13(b), added subpar.

(I).

Subsec. (c)(2). Pub. L. 98-369, Sec. 2663(c)(12), substituted

"preceding sentence" for "preceding section".

Subsecs. (d)(1)(B), (2)(A), (B), (e). Pub. L. 98-378, Sec. 4(b),

substituted "655(a)(1)(B) of this title" for "655(a)(3) of this

title".

Subsec. (f). Pub. L. 98-378, Sec. 16, added subsec. (f).

1982 - Subsec. (b). Pub. L. 97-248 substituted provisions that

the Secretary shall, upon the request of a State having in effect a

State plan approved under this part, certify to the Secretary of

the Treasury for collection pursuant to the provisions of section

6305 of the Internal Revenue Code of 1954 the amount of any child

support obligation (including any support obligation with respect

to the parent who is living with the child and receiving aid under

the State plan approved under part A of this subchapter) which is

assigned to such State or is undertaken to be collected by such

State pursuant to section 654(6) of this title for provisions that

the Secretary would, upon the request of any State having in effect

a State plan approved under this part, certify the amount of any

child support obligation assigned to such State, including any

support obligation with respect to the parent who is living with

the child and receiving aid under the State plan approved under

part A of this subchapter (or undertaken to be collected by such

State pursuant to section 654(6) of this title) to the Secretary of

the Treasury for collection pursuant to the provisions of section

6305 of the Internal Revenue Code of 1954.

1981 - Subsec. (a)(1). Pub. L. 97-35, Sec. 2332(b)(1)(A),

inserted "and support for the spouse (or former spouse) with whom

the absent parent's child is living".

Subsec. (a)(7). Pub. L. 97-35, Sec. 2332(b)(1)(B), substituted

"child and spousal support" for "child support".

Subsec. (a)(10)(C). Pub. L. 97-35, Sec. 2332(b)(1)(C), inserted

"(with separate identification of the number in which collection of

spousal support was involved)".

Subsec. (b). Pub. L. 97-35, Sec. 2332(b)(2), inserted ",

including any support obligation with respect to the parent who is

living with the child and receiving aid under the State plan

approved under part A of this subchapter," and provision that all

reimbursements be credited to the appropriation accounts which bore

all or part of the costs involved in making the collections and

substituting "court or administrative order" for "court order" and

"reimburse the Secretary of the Treasury" for "reimburse the United

States".

1980 - Subsec. (a)(10). Pub. L. 96-272 inserted provisions

following subpar. (H) setting out certain required information to

be contained in reports under subpar. (A).

Subsec. (b). Pub. L. 96-265, Sec. 402(a), inserted "(or

undertaken to be collected by such State pursuant to section 654(6)

of this title)" after "assigned to such State".

Subsecs. (d), (e). Pub. L. 96-265, Sec. 405(c), (d), added

subsecs. (d) and (e).

1977 - Subsec. (a)(10). Pub. L. 95-30 substituted "not later than

three months after the end of each fiscal year, beginning with the

year 1977, submit to the Congress a full and complete report on all

activities undertaken pursuant to the provisions of this part,

which report shall include, but not be limited to, the following"

for "not later than June 30 of each year beginning after December

31, 1975, submit to the Congress a report on all activities

undertaken pursuant to the provisions of this part", substituted a

colon for a period at end of provisions thus substituted, and added

subpars. (A) to (H).

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-169 effective as if included in the

enactment of the Personal Responsibility and Work Opportunity

Reconciliation Act of 1996, Pub. L. 104-193, see section 401(q) of

Pub. L. 106-169, set out as a note under section 602 of this title.

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-200, title II, Sec. 201(e)(2), July 16, 1998, 112

Stat. 657, provided that: "The amendments made by this subsection

[amending this section and section 658 of this title, amending

provisions set out as notes under this section and section 658 of

this title, and repealing provisions set out as a note under

section 658 of this title] shall take effect as if included in the

enactment of section 341 of the Personal Responsibility and Work

Opportunity Reconciliation Act of 1996 [Pub. L. 104-193]."

Pub. L. 105-200, title IV, Sec. 401(c)(3), July 16, 1998, 112

Stat. 662, as amended by Pub. L. 105-306, Sec. 4(b)(1), Oct. 28,

1998, 112 Stat. 2927, provided that: "The amendments made by this

subsection [amending this section and section 666 of this title]

shall be effective with respect to periods beginning on or after

the later of -

"(A) October 1, 2001; or

"(B) the effective date of laws enacted by the legislature of

such State implementing such amendments,

but in no event later than the first day of the first calendar

quarter beginning after the close of the first regular session of

the State legislature that begins after the date specified in

subparagraph (A). For purposes of the preceding sentence, in the

case of a State that has a 2-year legislative session, each year of

such session shall be deemed to be a separate regular session of

the State legislature."

[Pub. L. 105-306, Sec. 4(b)(2), Oct. 28, 1998, 112 Stat. 2927,

provided that: "The amendment made by paragraph (1) of this

subsection [amending section 401(c)(3) of Pub. L. 105-200, set out

above] shall take effect as if included in the enactment of section

401(c)(3) of the Child Support Performance and Incentive Act of

1998 [Pub. L. 105-200]."]

Pub. L. 105-200, title IV, Sec. 407(c), July 16, 1998, 112 Stat.

672, provided that: "The amendments made by this section [amending

this section and section 669 of this title] shall apply to

information maintained with respect to fiscal year 1995 or any

succeeding fiscal year."

EFFECTIVE DATE OF 1997 AMENDMENT

Section 5518(b) of Pub. L. 105-33 provided that: "The amendments

made by section 5513 of this Act [amending this section and

sections 656, 664, 672, and 673 of this title] shall take effect as

if the amendments had been included in section 108 of the Personal

Responsibility and Work Opportunity Reconciliation Act of 1996

[Pub. L. 104-193] at the time such section 108 became law."

Amendment by sections 5540, 5541(a), and 5556(c) of Pub. L.

105-33 effective as if included in the enactment of title III of

the Personal Responsibility and Work Opportunity Reconciliation Act

of 1996, Pub. L. 104-193, see section 5557 of Pub. L. 105-33, set

out as a note under section 608 of this title.

EFFECTIVE DATE OF 1996 AMENDMENTS

Section 101(e) [title II, Sec. 215] of div. A of Pub. L. 104-208,

as amended by Pub. L. 105-33, title V, Sec. 5556(c), Aug. 5, 1997,

111 Stat. 637, provided in part that: "Amounts available under such

sections 452(j) [subsec. (j) of this section] and 453(o) [section

653(o) of this title] shall be calculated as though the amendments

made by this section were effective October 1, 1995."

Amendment by section 108(c)(2)-(9) of Pub. L. 104-193 effective

July 1, 1997, with transition rules relating to State options to

accelerate such date, rules relating to claims, actions, and

proceedings commenced before such date, rules relating to closing

out of accounts for terminated or substantially modified programs

and continuance in office of Assistant Secretary for Family

Support, and provisions relating to termination of entitlement

under AFDC program, see section 116 of Pub. L. 104-193, as amended,

set out as an Effective Date note under section 601 of this title.

Pub. L. 104-193, title III, Sec. 341(c)(2), formerly Sec.

341(d)(2), Aug. 22, 1996, 110 Stat. 2233, as redesignated and

amended by Pub. L. 105-200, title II, Sec. 201(e)(1)(A), (B)(ii),

July 16, 1998, 112 Stat. 657, provided that: "The amendments made

by subsection (b) [amending this section] shall become effective

with respect to calendar quarters beginning on or after the date of

the enactment of this Act [Aug. 22, 1996]."

Section 342(c) of Pub. L. 104-193 provided that: "The amendments

made by this section [amending this section and section 654 of this

title] shall be effective with respect to calendar quarters

beginning 12 months or more after the date of the enactment of this

Act [Aug. 22, 1996]."

Section 346(b) of Pub. L. 104-193 provided that: "The amendments

made by subsection (a) [amending this section] shall be effective

with respect to fiscal year 1997 and succeeding fiscal years."

Section 370(b) of Pub. L. 104-193 provided that: "This section

[amending this section and section 654 of this title] and the

amendments made by this section shall become effective October 1,

1997."

For provisions relating to effective date of title III of Pub. L.

104-193, see section 395(a)-(c) of Pub. L. 104-193, set out as a

note under section 654 of this title.

EFFECTIVE DATE OF 1993 AMENDMENT

Section 13721(c) of Pub. L. 103-66 provided that: "The amendments

made by this section [amending this section and section 666 of this

title] shall become effective with respect to a State on the later

of -

"(1) October 1, 1993 or,

"(2) the date of enactment by the legislature of such State of

all laws required by such amendments,

but in no event later than the first day of the first calendar

quarter beginning after the close of the first regular session of

the State legislature that begins after the date of enactment of

this Act [Aug. 10, 1993]. For purposes of the previous sentence, in

the case of a State that has a 2-year legislative session, each

year of such session shall be deemed to be a separate regular

session of the State legislature."

EFFECTIVE DATE OF 1989 AMENDMENT

Section 10403(a)(1)(B)(ii) of Pub. L. 101-239 provided that: "The

amendments made by clause (i) [amending this section and section

602 of this title] shall take effect as if such amendments had been

included in section 123(d) of the Family Support Act of 1988 [Pub.

L. 100-485] on the date of the enactment of such Act [Oct. 13,

1988]."

EFFECTIVE DATE OF 1988 AMENDMENT

Section 111(f)(1) of Pub. L. 100-485 provided that: "The

amendments made by subsections (a), (d), and (e) [enacting section

668 of this title and amending this section and section 666 of this

title] shall become effective on the date of the enactment of this

Act [Oct. 13, 1988]."

EFFECTIVE DATE OF 1987 AMENDMENT

Section 9143(b) of Pub. L. 100-203 provided that: "The amendment

made by subsection (a) [amending this section] shall apply with

respect to amounts collected after the date of the enactment of

this Act [Dec. 22, 1987]."

EFFECTIVE DATE OF 1984 AMENDMENTS

Section 4(c) of Pub. L. 98-378 provided that: "The amendments

made by this section [amending this section and section 655 of this

title] shall apply to fiscal years after fiscal year 1983."

Section 9(c) of Pub. L. 98-378 provided that: "The amendments

made by this section [amending this section and sections 602 and

603 of this title] shall be effective on and after October 1,

1983."

Section 13(c) of Pub. L. 98-378 provided that: "The amendments

made by this section [amending this section] shall be effective for

reports for fiscal year 1986 and each fiscal year thereafter."

Amendment by Pub. L. 98-369 effective July 18, 1984, but not to

be construed as changing or affecting any right, liability, status,

or interpretation which existed (under the provisions of law

involved) before that date, see section 2664(b) of Pub. L. 98-369,

set out as a note under section 401 of this title.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-248 effective Oct. 1, 1981, see section

175(b) of Pub. L. 97-248, set out as a note under section 503 of

this title.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Oct. 1, 1981, except as

otherwise specifically provided, see section 2336 of Pub. L. 97-35,

set out as a note under section 651 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Section 402(b) of Pub. L. 96-265 provided that: "The amendment

made by subsection (a) [amending this section] shall take effect

July 1, 1980."

Section 405(e) of Pub. L. 96-265 provided that: "The amendments

made by this section [amending this section and sections 654 and

655 of this title] shall take effect on July 1, 1981, and shall be

effective only with respect to expenditures, referred to in section

455(a)(3) of the Social Security Act [section 655(a)(3) of this

title] (as amended by this Act), made on or after such date."

EFFECTIVE DATE OF 1977 AMENDMENT

Section 504(b) of Pub. L. 95-30 provided that: "The amendment

made by subsection (a) [amending this section] shall be effective

in the case of reports, submitted by the Secretary of Health,

Education, and Welfare [now Health and Human Services] after 1976."

REGULATIONS

Section 122(b) of Pub. L. 100-485 provided that: "Not later than

180 days after the date of the enactment of this Act [Oct. 13,

1988], the Secretary of Health and Human Services shall issue a

notice of proposed rulemaking with respect to the standards

required by the amendment made by subsection (a) [amending this

section], and, after allowing not less than 60 days for public

comment, shall issue final regulations not later than the first day

of the 10th month to begin after such date of enactment."

IMPLEMENTATION OF PERFORMANCE STANDARDS FOR STATE PATERNITY

ESTABLISHMENT PROGRAMS

Section 111(f)(3) of Pub. L. 100-485 provided that: "The

Secretary of Health and Human Services shall collect the data

necessary to implement the requirements of section 452(g) of the

Social Security Act [subsec. (g) of this section] (as added by

subsection (a) of this section) and may, in carrying out the

requirement of determining a State's paternity establishment

percentage for the fiscal year 1988, compute such percentage on the

basis of data collected with respect to the last quarter of such

fiscal year (or, if such data are not available, the first quarter

of the fiscal year 1989) if the Secretary determines that data for

the full year are not available."

REQUESTS FOR CHILD SUPPORT ASSISTANCE; ADVISORY COMMITTEE;

PROMULGATION OF REGULATIONS

Section 121(b) of Pub. L. 100-485 provided that:

"(1) Not later than 60 days after the date of the enactment of

this Act [Oct. 13, 1988], the Secretary of Health and Human

Services shall establish an advisory committee. The committee shall

include representatives of organizations representing State

governors, State welfare administrators, and State directors of

programs under part D of title IV of the Social Security Act [this

part]. The Secretary shall consult with the advisory committee

before issuing any regulations with respect to the standards

required by the amendment made by subsection (a) [amending this

section] (including regulations regarding what constitutes an

adequate response on the part of a State to the request of an

individual, State, or jurisdiction).

"(2) Not later than 180 days after the date of the enactment of

this Act, the Secretary of Health and Human Services shall issue a

notice of proposed rulemaking with respect to the standards

required by the amendment made by subsection (a), and, after

allowing not less than 60 days for public comment, shall issue

final regulations not later than the first day of the 10th month

beginning after such date of enactment."

SUPPLEMENTAL REPORT TO BE SUBMITTED TO CONGRESS NOT LATER THAN JUNE

30, 1977

Section 504(c) of Pub. L. 95-30 directed Secretary of Health,

Education, and Welfare to submit to Congress, not later than June

30, 1977, a special supplementary report with respect to activities

undertaken pursuant to this part.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 609, 653, 654, 654a, 655,

658a, 660, 666 of this title; title 26 section 6305.

-End-

-CITE-

42 USC Sec. 653 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 653. Federal Parent Locator Service

-STATUTE-

(a) Establishment; purpose

(1) The Secretary shall establish and conduct a Federal Parent

Locator Service, under the direction of the designee of the

Secretary referred to in section 652(a) of this title, which shall

be used for the purposes specified in paragraphs (2) and (3).

(2) For the purpose of establishing parentage or establishing,

setting the amount of, modifying, or enforcing child support

obligations, the Federal Parent Locator Service shall obtain and

transmit to any authorized person specified in subsection (c) of

this section -

(A) information on, or facilitating the discovery of, the

location of any individual -

(i) who is under an obligation to pay child support;

(ii) against whom such an obligation is sought;

(iii) to whom such an obligation is owed; or

(iv) who has or may have parental rights with respect to a

child,

including the individual's social security number (or numbers),

most recent address, and the name, address, and employer

identification number of the individual's employer;

(B) information on the individual's wages (or other income)

from, and benefits of, employment (including rights to or

enrollment in group health care coverage); and

(C) information on the type, status, location, and amount of

any assets of, or debts owed by or to, any such individual.

(3) For the purpose of enforcing any Federal or State law with

respect to the unlawful taking or restraint of a child, or making

or enforcing a child custody or visitation determination, as

defined in section 663(d)(1) of this title, the Federal Parent

Locator Service shall be used to obtain and transmit the

information specified in section 663(c) of this title to the

authorized persons specified in section 663(d)(2) of this title.

(b) Disclosure of information to authorized persons

(1) Upon request, filed in accordance with subsection (d) of this

section, of any authorized person, as defined in subsection (c) of

this section for the information described in subsection (a)(2) of

this section, or of any authorized person, as defined in section

663(d)(2) of this title for the information described in section

663(c) of this title, the Secretary shall, notwithstanding any

other provision of law, provide through the Federal Parent Locator

Service such information to such person, if such information -

(A) is contained in any files or records maintained by the

Secretary or by the Department of Health and Human Services; or

(B) is not contained in such files or records, but can be

obtained by the Secretary, under the authority conferred by

subsection (e) of this section, from any other department,

agency, or instrumentality of the United States or of any State,

and is not prohibited from disclosure under paragraph (2).

(2) No information shall be disclosed to any person if the

disclosure of such information would contravene the national policy

or security interests of the United States or the confidentiality

of census data. The Secretary shall give priority to requests made

by any authorized person described in subsection (c)(1) of this

section. No information shall be disclosed to any person if the

State has notified the Secretary that the State has reasonable

evidence of domestic violence or child abuse and the disclosure of

such information could be harmful to the custodial parent or the

child of such parent, provided that -

(A) in response to a request from an authorized person (as

defined in subsection (c) of this section and section 663(d)(2)

of this title), the Secretary shall advise the authorized person

that the Secretary has been notified that there is reasonable

evidence of domestic violence or child abuse and that information

can only be disclosed to a court or an agent of a court pursuant

to subparagraph (B); and

(B) information may be disclosed to a court or an agent of a

court described in subsection (c)(2) of this section or section

663(d)(2)(B) of this title, if -

(i) upon receipt of information from the Secretary, the court

determines whether disclosure to any other person of that

information could be harmful to the parent or the child; and

(ii) if the court determines that disclosure of such

information to any other person could be harmful, the court and

its agents shall not make any such disclosure.

(3) Information received or transmitted pursuant to this

section shall be subject to the safeguard provisions contained in

section 654(26) of this title.

(c) "Authorized person" defined

As used in subsection (a) of this section, the term "authorized

person" means -

(1) any agent or attorney of any State having in effect a plan

approved under this part, who has the duty or authority under

such plans to seek to recover any amounts owed as child and

spousal support (including, when authorized under the State plan,

any official of a political subdivision);

(2) the court which has authority to issue an order or to serve

as the initiating court in an action to seek an order against a

noncustodial parent for the support and maintenance of a child,

or any agent of such court;

(3) the resident parent, legal guardian, attorney, or agent of

a child (other than a child receiving assistance under a State

program funded under part A of this subchapter) (as determined by

regulations prescribed by the Secretary) without regard to the

existence of a court order against a noncustodial parent who has

a duty to support and maintain any such child; and

(4) a State agency that is administering a program operated

under a State plan under subpart 1 of part B of this subchapter,

or a State plan approved under subpart 2 of part B of this

subchapter or under part E of this subchapter.

(d) Form and manner of request for information

A request for information under this section shall be filed in

such manner and form as the Secretary shall by regulation prescribe

and shall be accompanied or supported by such documents as the

Secretary may determine to be necessary.

(e) Compliance with request; search of files and records by head of

any department, etc., of United States; transmittal of

information to Secretary; reimbursement for cost of search; fees

(1) Whenever the Secretary receives a request submitted under

subsection (b) of this section which he is reasonably satisfied

meets the criteria established by subsections (a), (b), and (c) of

this section, he shall promptly undertake to provide the

information requested from the files and records maintained by any

of the departments, agencies, or instrumentalities of the United

States or of any State.

(2) Notwithstanding any other provision of law, whenever the

individual who is the head of any department, agency, or

instrumentality of the United States receives a request from the

Secretary for information authorized to be provided by the

Secretary under this section, such individual shall promptly cause

a search to be made of the files and records maintained by such

department, agency, or instrumentality with a view to determining

whether the information requested is contained in any such files or

records. If such search discloses the information requested, such

individual shall immediately transmit such information to the

Secretary, except that if any information is obtained the

disclosure of which would contravene national policy or security

interests of the United States or the confidentiality of census

data, such information shall not be transmitted and such individual

shall immediately notify the Secretary. If such search fails to

disclose the information requested, such individual shall

immediately so notify the Secretary. The costs incurred by any such

department, agency, or instrumentality of the United States or of

any State in providing such information to the Secretary shall be

reimbursed by him in an amount which the Secretary determines to be

reasonable payment for the information exchange (which amount shall

not include payment for the costs of obtaining, compiling, or

maintaining the information). Whenever such services are furnished

to an individual specified in subsection (c)(3) of this section, a

fee shall be charged such individual. The fee so charged shall be

used to reimburse the Secretary or his delegate for the expense of

providing such services.

(3) The Secretary of Labor shall enter into an agreement with the

Secretary to provide prompt access for the Secretary (in accordance

with this subsection) to the wage and unemployment compensation

claims information and data maintained by or for the Department of

Labor or State employment security agencies.

(f) Arrangements and cooperation with State agencies

The Secretary, in carrying out his duties and functions under

this section, shall enter into arrangements with State agencies

administering State plans approved under this part for such State

agencies to accept from resident parents, legal guardians, or

agents of a child described in subsection (c)(3) of this section

and to transmit to the Secretary requests for information with

regard to the whereabouts of noncustodial parents and otherwise to

cooperate with the Secretary in carrying out the purposes of this

section.

(g) Reimbursement for reports by State agencies

The Secretary may reimburse Federal and State agencies for the

costs incurred by such entities in furnishing information requested

by the Secretary under this section in an amount which the

Secretary determines to be reasonable payment for the information

exchange (which amount shall not include payment for the costs of

obtaining, compiling, or maintaining the information).

(h) Federal Case Registry of Child Support Orders

(1) In general

Not later than October 1, 1998, in order to assist States in

administering programs under State plans approved under this part

and programs funded under part A of this subchapter, and for the

other purposes specified in this section, the Secretary shall

establish and maintain in the Federal Parent Locator Service an

automated registry (which shall be known as the "Federal Case

Registry of Child Support Orders"), which shall contain abstracts

of support orders and other information described in paragraph

(2) with respect to each case and order in each State case

registry maintained pursuant to section 654a(e) of this title, as

furnished (and regularly updated), pursuant to section 654a(f) of

this title, by State agencies administering programs under this

part.

(2) Case and order information

The information referred to in paragraph (1) with respect to a

case or an order shall be such information as the Secretary may

specify in regulations (including the names, social security

numbers or other uniform identification numbers, and State case

identification numbers) to identify the individuals who owe or

are owed support (or with respect to or on behalf of whom support

obligations are sought to be established), and the State or

States which have the case or order. Beginning not later than

October 1, 1999, the information referred to in paragraph (1)

shall include the names and social security numbers of the

children of such individuals.

(3) Administration of Federal tax laws

The Secretary of the Treasury shall have access to the

information described in paragraph (2) for the purpose of

administering those sections of the Internal Revenue Code of 1986

which grant tax benefits based on support or residence of

children.

(i) National Directory of New Hires

(1) In general

In order to assist States in administering programs under State

plans approved under this part and programs funded under part A

of this subchapter, and for the other purposes specified in this

section, the Secretary shall, not later than October 1, 1997,

establish and maintain in the Federal Parent Locator Service an

automated directory to be known as the National Directory of New

Hires, which shall contain the information supplied pursuant to

section 653a(g)(2) of this title.

(2) Data entry and deletion requirements

(A) In general

Information provided pursuant to section 653a(g)(2) of this

title shall be entered into the data base maintained by the

National Directory of New Hires within two business days after

receipt, and shall be deleted from the data base 24 months

after the date of entry.

(B) 12-month limit on access to wage and unemployment

compensation information

The Secretary shall not have access for child support

enforcement purposes to information in the National Directory

of New Hires that is provided pursuant to section 653a(g)(2)(B)

of this title, if 12 months has elapsed since the date the

information is so provided and there has not been a match

resulting from the use of such information in any information

comparison under this subsection.

(C) Retention of data for research purposes

Notwithstanding subparagraphs (A) and (B), the Secretary may

retain such samples of data entered in the National Directory

of New Hires as the Secretary may find necessary to assist in

carrying out subsection (j)(5) of this section.

(3) Administration of Federal tax laws

The Secretary of the Treasury shall have access to the

information in the National Directory of New Hires for purposes

of administering section 32 of the Internal Revenue Code of 1986,

or the advance payment of the earned income tax credit under

section 3507 of such Code, and verifying a claim with respect to

employment in a tax return.

(4) List of multistate employers

The Secretary shall maintain within the National Directory of

New Hires a list of multistate employers that report information

regarding newly hired employees pursuant to section 653a(b)(1)(B)

of this title, and the State which each such employer has

designated to receive such information.

(j) Information comparisons and other disclosures

(1) Verification by Social Security Administration

(A) In general

The Secretary shall transmit information on individuals and

employers maintained under this section to the Social Security

Administration to the extent necessary for verification in

accordance with subparagraph (B).

(B) Verification by SSA

The Social Security Administration shall verify the accuracy

of, correct, or supply to the extent possible, and report to

the Secretary, the following information supplied by the

Secretary pursuant to subparagraph (A):

(i) The name, social security number, and birth date of

each such individual.

(ii) The employer identification number of each such

employer.

(2) Information comparisons

For the purpose of locating individuals in a paternity

establishment case or a case involving the establishment,

modification, or enforcement of a support order, the Secretary

shall -

(A) compare information in the National Directory of New

Hires against information in the support case abstracts in the

Federal Case Registry of Child Support Orders not less often

than every 2 business days; and

(B) within 2 business days after such a comparison reveals a

match with respect to an individual, report the information to

the State agency responsible for the case.

(3) Information comparisons and disclosures of information in all

registries for subchapter IV program purposes

To the extent and with the frequency that the Secretary

determines to be effective in assisting States to carry out their

responsibilities under programs operated under this part and

programs funded under part A of this subchapter, the Secretary

shall -

(A) compare the information in each component of the Federal

Parent Locator Service maintained under this section against

the information in each other such component (other than the

comparison required by paragraph (2)), and report instances in

which such a comparison reveals a match with respect to an

individual to State agencies operating such programs; and

(B) disclose information in such components to such State

agencies.

(4) Provision of new hire information to the Social Security

Administration

The National Directory of New Hires shall provide the

Commissioner of Social Security with all information in the

National Directory.

(5) Research

The Secretary may provide access to data in each component of

the Federal Parent Locator Service maintained under this section

and to information reported by employers pursuant to section

653a(b) of this title for research purposes found by the

Secretary to be likely to contribute to achieving the purposes of

part A of this subchapter or this part, but without personal

identifiers.

(6) Information comparisons and disclosure for enforcement of

obligations on Higher Education Act loans and grants

(A) Furnishing of information by the Secretary of Education

The Secretary of Education shall furnish to the Secretary, on

a quarterly basis or at such less frequent intervals as may be

determined by the Secretary of Education, information in the

custody of the Secretary of Education for comparison with

information in the National Directory of New Hires, in order to

obtain the information in such directory with respect to

individuals who -

(i) are borrowers of loans made under title IV of the

Higher Education Act of 1965 [20 U.S.C. 1070 et seq., 42

U.S.C. 2751 et seq.] that are in default; or

(ii) owe an obligation to refund an overpayment of a grant

awarded under such title.

(B) Requirement to seek minimum information necessary

The Secretary of Education shall seek information pursuant to

this section only to the extent essential to improving

collection of the debt described in subparagraph (A).

(C) Duties of the Secretary

(i) Information comparison; disclosure to the Secretary of

Education

The Secretary, in cooperation with the Secretary of

Education, shall compare information in the National

Directory of New Hires with information in the custody of the

Secretary of Education, and disclose information in that

Directory to the Secretary of Education, in accordance with

this paragraph, for the purposes specified in this paragraph.

(ii) Condition on disclosure

The Secretary shall make disclosures in accordance with

clause (i) only to the extent that the Secretary determines

that such disclosures do not interfere with the effective

operation of the program under this part. Support collection

under section 666(b) of this title shall be given priority

over collection of any defaulted student loan or grant

overpayment against the same income.

(D) Use of information by the Secretary of Education

The Secretary of Education may use information resulting from

a data match pursuant to this paragraph only -

(i) for the purpose of collection of the debt described in

subparagraph (A) owed by an individual whose annualized wage

level (determined by taking into consideration information

from the National Directory of New Hires) exceeds $16,000;

and

(ii) after removal of personal identifiers, to conduct

analyses of student loan defaults.

(E) Disclosure of information by the Secretary of Education

(i) Disclosures permitted

The Secretary of Education may disclose information

resulting from a data match pursuant to this paragraph only

to -

(I) a guaranty agency holding a loan made under part B of

title IV of the Higher Education Act of 1965 [20 U.S.C.

1071 et seq.] on which the individual is obligated;

(II) a contractor or agent of the guaranty agency

described in subclause (I);

(III) a contractor or agent of the Secretary; and

(IV) the Attorney General.

(ii) Purpose of disclosure

The Secretary of Education may make a disclosure under

clause (i) only for the purpose of collection of the debts

owed on defaulted student loans, or overpayments of grants,

made under title IV of the Higher Education Act of 1965 [20

U.S.C. 1070 et seq., 42 U.S.C. 2751 et seq.].

(iii) Restriction on redisclosure

An entity to which information is disclosed under clause

(i) may use or disclose such information only as needed for

the purpose of collecting on defaulted student loans, or

overpayments of grants, made under title IV of the Higher

Education Act of 1965.

(F) Reimbursement of HHS costs

The Secretary of Education shall reimburse the Secretary, in

accordance with subsection (k)(3) of this section, for the

additional costs incurred by the Secretary in furnishing the

information requested under this subparagraph.

(k) Fees

(1) For SSA verification

The Secretary shall reimburse the Commissioner of Social

Security, at a rate negotiated between the Secretary and the

Commissioner, for the costs incurred by the Commissioner in

performing the verification services described in subsection (j)

of this section.

(2) For information from State directories of new hires

The Secretary shall reimburse costs incurred by State

directories of new hires in furnishing information as required by

section 653a(g)(2) of this title, at rates which the Secretary

determines to be reasonable (which rates shall not include

payment for the costs of obtaining, compiling, or maintaining

such information).

(3) For information furnished to State and Federal agencies

A State or Federal agency that receives information from the

Secretary pursuant to this section shall reimburse the Secretary

for costs incurred by the Secretary in furnishing the

information, at rates which the Secretary determines to be

reasonable (which rates shall include payment for the costs of

obtaining, verifying, maintaining, and comparing the

information).

(l) Restriction on disclosure and use

(1) In general

Information in the Federal Parent Locator Service, and

information resulting from comparisons using such information,

shall not be used or disclosed except as expressly provided in

this section, subject to section 6103 of the Internal Revenue

Code of 1986.

(2) Penalty for misuse of information in the National Directory

of New Hires

The Secretary shall require the imposition of an administrative

penalty (up to and including dismissal from employment), and a

fine of $1,000, for each act of unauthorized access to,

disclosure of, or use of, information in the National Directory

of New Hires established under subsection (i) of this section by

any officer or employee of the United States or any other person

who knowingly and willfully violates this paragraph.

(m) Information integrity and security

The Secretary shall establish and implement safeguards with

respect to the entities established under this section designed to

-

(1) ensure the accuracy and completeness of information in the

Federal Parent Locator Service; and

(2) restrict access to confidential information in the Federal

Parent Locator Service to authorized persons, and restrict use of

such information to authorized purposes.

(n) Federal Government reporting

Each department, agency, and instrumentality of the United States

shall on a quarterly basis report to the Federal Parent Locator

Service the name and social security number of each employee and

the wages paid to the employee during the previous quarter, except

that such a report shall not be filed with respect to an employee

of a department, agency, or instrumentality performing intelligence

or counterintelligence functions, if the head of such department,

agency, or instrumentality has determined that filing such a report

could endanger the safety of the employee or compromise an ongoing

investigation or intelligence mission.

(o) Use of set-aside funds

Out of any money in the Treasury of the United States not

otherwise appropriated, there is hereby appropriated to the

Secretary for each fiscal year an amount equal to 2 percent of the

total amount paid to the Federal Government pursuant to a plan

approved under this part during the immediately preceding fiscal

year (as determined on the basis of the most recent reliable data

available to the Secretary as of the end of the third calendar

quarter following the end of such preceding fiscal year), which

shall be available for use by the Secretary, either directly or

through grants, contracts, or interagency agreements, for operation

of the Federal Parent Locator Service under this section, to the

extent such costs are not recovered through user fees. Amounts

appropriated under this subsection for each of fiscal years 1997

through 2001 shall remain available until expended.

(p) "Support order" defined

As used in this part, the term "support order" means a judgment,

decree, or order, whether temporary, final, or subject to

modification, issued by a court or an administrative agency of

competent jurisdiction, for the support and maintenance of a child,

including a child who has attained the age of majority under the

law of the issuing State, or of the parent with whom the child is

living, which provides for monetary support, health care,

arrearages, or reimbursement, and which may include related costs

and fees, interest and penalties, income withholding, attorneys'

fees, and other relief.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 453, as added Pub. L.

93-647, Sec. 101(a), Jan. 4, 1975, 88 Stat. 2353; amended Pub. L.

97-35, title XXIII, Sec. 2332(c), Aug. 13, 1981, 95 Stat. 862; Pub.

L. 98-369, div. B, title VI, Sec. 2663(c)(13), (j)(2)(B)(ix), July

18, 1984, 98 Stat. 1166, 1170; Pub. L. 98-378, Secs. 17, 19(a),

Aug. 16, 1984, 98 Stat. 1321, 1322; Pub. L. 100-485, title I, Sec.

124(a), Oct. 13, 1988, 102 Stat. 2353; Pub. L. 104-193, title I,

Sec. 108(c)(10), title III, Secs. 316(a)-(f), 345(b), 366,

395(d)(1)(C), (2)(A), Aug. 22, 1996, 110 Stat. 2166, 2214-2216,

2237, 2250, 2259; Pub. L. 104-208, div. A, title I, Sec. 101(e)

[title II, Sec. 215], Sept. 30, 1996, 110 Stat. 3009-233, 3009-255;

Pub. L. 105-33, title V, Secs. 5534(a), 5535, 5541(b), 5543, 5553,

5556(c), Aug. 5, 1997, 111 Stat. 627, 629-631, 636, 637; Pub. L.

105-34, title X, Sec. 1090(a)(2), Aug. 5, 1997, 111 Stat. 961; Pub.

L. 105-89, title I, Sec. 105, Nov. 19, 1997, 111 Stat. 2120; Pub.

L. 105-200, title IV, Secs. 402(a), (b), 410(d), July 16, 1998, 112

Stat. 668, 669, 673; Pub. L. 106-113, div. B, Sec. 1000(a)(5)

[title III, Sec. 303(a), (b)], Nov. 29, 1999, 113 Stat. 1536,

1501A-304, 1501A-306.)

-REFTEXT-

REFERENCES IN TEXT

Parts A, B, and E of this subchapter, referred to in subsecs.

(c)(3), (4), (h)(1), (i)(1), and (j)(3), (5), are classified to

sections 601 et seq., 620 et seq., and 670 et seq., respectively,

of this title.

The Internal Revenue Code of 1986, referred to in subsecs.

(h)(3), (i)(3), and (l), is classified generally to Title 26,

Internal Revenue Code.

The Higher Education Act of 1965, referred to in subsec.

(j)(6)(A), (E), is Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as

amended. Title IV of the Act is classified generally to subchapter

IV (Sec. 1070 et seq.) of chapter 28 of Title 20, Education, and

part C (Sec. 2751 et seq.) of subchapter I of chapter 34 of this

title. Part B of title IV of the Act is classified generally to

part B (Sec. 1071 et seq.) of subchapter IV of chapter 28 of Title

20. For complete classification of this Act to the Code, see Short

Title note set out under section 1001 of Title 20 and Tables.

-MISC1-

AMENDMENTS

1999 - Subsec. (j)(6). Pub. L. 106-113, Sec. 1000(a)(5) [title

III, Sec. 303(a)], added par. (6).

Subsec. (l)(2). Pub. L. 106-113, Sec. 1000(a)(5) [title III, Sec.

303(b)], amended Pub. L. 105-200, Sec. 402(a), by inserting "or any

other person" after "employee of the United States" in new par.

(2). See 1998 Amendment note below.

1998 - Subsec. (a)(2). Pub. L. 105-200, Sec. 410(d)(1), (2), in

introductory provisions, substituted "parentage or" for

"parentage," and struck out "or making or enforcing child custody

or visitation orders," after "obligations,".

Subsec. (a)(2)(A)(iv). Pub. L. 105-200, Sec. 410(d)(3), realigned

margins.

Subsec. (i)(2). Pub. L. 106-200, Sec. 402(b), amended heading and

text of par. (2) generally. Prior to amendment, text read as

follows: "Information shall be entered into the data base

maintained by the National Directory of New Hires within 2 business

days of receipt pursuant to section 653a(g)(2) of this title."

Subsec. (l). Pub. L. 105-200, Sec. 402(a), as amended by Pub. L.

106-113, Sec. 1000(a)(5) [title III, Sec. 303(b)], designated

existing provisions as par. (1), inserted heading, and added par.

(2).

1997 - Subsec. (a). Pub. L. 105-33, Sec. 5534(a)(1), designated

existing provisions as par. (1), substituted "for the purposes

specified in paragraphs (2) and (3)." for "to obtain and transmit

to any authorized person (as defined in subsection (c) of this

section), for the purpose of establishing parentage, establishing,

setting the amount of, modifying, or enforcing child support

obligations, or enforcing child custody or visitation orders - ",

added pars. (2) and (3), and struck out former pars. (1) to (3)

which read as follows:

"(1) information on, or facilitating the discovery of, the

location of any individual -

"(A) who is under an obligation to pay child support or provide

child custody or visitation rights;

"(B) against whom such an obligation is sought;

"(C) to whom such an obligation is owed,

including the individual's social security number (or numbers),

most recent address, and the name, address, and employer

identification number of the individual's employer;

"(2) information on the individual's wages (or other income)

from, and benefits of, employment (including rights to or

enrollment in group health care coverage); and

"(3) information on the type, status, location, and amount of any

assets of, or debts owed by or to, any such individual."

Subsec. (a)(2). Pub. L. 105-89, Sec. 105(1)(A), inserted "or

making or enforcing child custody or visitation orders," after

"obligations," in introductory provisions.

Subsec. (a)(2)(A)(iv). Pub. L. 105-89, Sec. 105(1)(B), added cl.

(iv).

Subsec. (b). Pub. L. 105-33, Sec. 5534(a)(2), amended subsec. (b)

generally, revising and restating former provisions relating to

disclosure of information to authorized persons as pars. (1) to

(3).

Subsec. (c)(1). Pub. L. 105-33, Sec. 5534(a)(3)(A), struck out

"or to seek to enforce orders providing child custody or visitation

rights" after "spousal support".

Subsec. (c)(2). Pub. L. 105-33, Sec. 5534(a)(3)(B), inserted "or

to serve as the initiating court in an action to seek an order"

after "authority to issue an order" and struck out "or to issue an

order against a resident parent for child custody or visitation

rights" after "maintenance of a child".

Subsec. (c)(4). Pub. L. 105-89, Sec. 105(2), added par. (4).

Subsec. (h)(1). Pub. L. 105-33, Sec. 5553(1), inserted "and

order" after "with respect to each case".

Subsec. (h)(2). Pub. L. 105-34, Sec. 1090(a)(2)(A), inserted at

end "Beginning not later than October 1, 1999, the information

referred to in paragraph (1) shall include the names and social

security numbers of the children of such individuals."

Pub. L. 105-33, Sec. 5553(2), inserted "and order" after "case"

in heading and "or an order" after "with respect to a case" and "or

order" after "and the State or States which have the case" in text.

Subsec. (h)(3). Pub. L. 105-34, Sec. 1090(a)(2)(B), added par.

(3).

Subsec. (j)(3)(B). Pub. L. 105-33, Sec. 5535(b)(1), substituted

"components" for "registries".

Subsec. (j)(5). Pub. L. 105-33, Sec. 5535(a), inserted "data in

each component of the Federal Parent Locator Service maintained

under this section and to" before "information".

Subsec. (k)(2). Pub. L. 105-33, Sec. 5535(b)(2), substituted

"section 653a(g)(2) of this title" for "subsection (j)(3) of this

section".

Subsec. (o). Pub. L. 105-33, Sec. 5556(c), amended Pub. L.

104-208, Sec. 101(e) [title II, Sec. 215], generally. See 1996

Amendment note below.

Pub. L. 105-34, Sec. 5541(b), in heading substituted "Use of

set-aside funds" for "Recovery of costs" and in text substituted

"which shall be available for use by the Secretary, either directly

or through grants, contracts, or interagency agreements," for "to

cover costs incurred by the Secretary" and inserted at end "Amounts

appropriated under this subsection for each of fiscal years 1997

through 2001 shall remain available until expended."

Subsec. (p). Pub. L. 105-33, Sec. 5543, substituted "of the

parent" for "a child and the parent".

1996 - Pub. L. 104-193, Sec. 316(e)(2), inserted "Federal" before

"Parent Locator Service" in section catchline.

Subsec. (a). Pub. L. 104-193, Sec. 316(a)(1), (e)(1), inserted

"Federal" before "Parent Locator Service", substituted ", for the

purpose of establishing parentage, establishing, setting the amount

of, modifying, or enforcing child support obligations, or enforcing

child custody or visitation orders - " for "information as to the

whereabouts of any absent parent when such information is to be

used to locate such parent for the purpose of enforcing support

obligations against such parent.", and added pars. (1) to (3).

Subsec. (b). Pub. L. 104-193, Sec. 316(a)(2), (e)(1), substituted

"information described in subsection (a) of this section" for

"social security account number (or numbers, if the individual

involved has more than one such number) and the most recent address

and place of employment of any absent parent", inserted "Federal"

before "Parent Locator Service", and inserted at end of closing

provisions "No information shall be disclosed to any person if the

State has notified the Secretary that the State has reasonable

evidence of domestic violence or child abuse and the disclosure of

such information could be harmful to the custodial parent or the

child of such parent. Information received or transmitted pursuant

to this section shall be subject to the safeguard provisions

contained in section 654(26) of this title."

Subsec. (c)(1). Pub. L. 104-193, Sec. 316(b)(1), substituted

"support or to seek to enforce orders providing child custody or

visitation rights" for "support".

Subsec. (c)(2). Pub. L. 104-193, Secs. 316(b)(2), 395(d)(2)(A),

substituted "a noncustodial parent" for "an absent parent" and "or

to issue an order against a resident parent for child custody or

visitation rights, or any agent of such court;" for ", or any agent

of such court; and".

Subsec. (c)(3). Pub. L. 104-193, Sec. 395(d)(2)(A), substituted

"a noncustodial parent" for "an absent parent".

Pub. L. 104-193, Sec. 108(c)(10), substituted "assistance under a

State program funded under part A of this subchapter" for "aid

under part A of this subchapter".

Subsec. (e)(2). Pub. L. 104-193, Sec. 316(c), inserted "in an

amount which the Secretary determines to be reasonable payment for

the information exchange (which amount shall not include payment

for the costs of obtaining, compiling, or maintaining the

information)" after "Secretary shall be reimbursed by him".

Subsec. (f). Pub. L. 104-193, Sec. 395(d)(1)(C), substituted

"noncustodial" for "absent".

Subsec. (g). Pub. L. 104-193, Sec. 316(d), added subsec. (g).

Subsecs. (h) to (n). Pub. L. 104-193, Sec. 316(f), added subsecs.

(h) to (n).

Subsec. (o). Pub. L. 104-208, title I, Sec. 101(e) [title II,

Sec. 215], as amended by Pub. L. 105-33, Sec. 5556(c), substituted

"a plan approved under this part" for "section 657(a) of this

title".

Pub. L. 104-193, Sec. 345(a), added subsec. (o).

Subsec. (p). Pub. L. 104-193, Sec. 366, added subsec. (p).

1988 - Subsec. (e)(3). Pub. L. 100-485 added par. (3).

1984 - Subsec. (b). Pub. L. 98-378, Sec. 19(a), inserted "the

social security account number (or numbers, if the individual

involved has more than one such number) and".

Subsec. (b)(1). Pub. L. 98-369, Sec. 2663(j)(2)(B)(ix),

substituted "Health and Human Services" for "Health, Education, and

Welfare".

Subsec. (b)(2). Pub. L. 98-369, Sec. 2663(c)(13), substituted "of

the United States" for ", or the United States".

Subsec. (f). Pub. L. 98-378, Sec. 17, struck out ", after

determining that the absent parent cannot be located through the

procedures under the control of such State agencies," before "to

transmit to the Secretary".

1981 - Subsec. (c)(1). Pub. L. 97-35 substituted "child and

spousal support" for "child support".

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-113, div. B, Sec. 1000(a)(5) [title III, Sec.

303(c)], Nov. 29, 1999, 113 Stat. 1536, 1501A-306, provided that:

"The amendments made by this section [amending this section] shall

become effective October 1, 1999."

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-200, title IV, Sec. 402(e), July 16, 1998, 112 Stat.

669, provided that: "The amendments made by this section [amending

this section] shall take effect on October 1, 2000."

EFFECTIVE DATE OF 1997 AMENDMENTS

Amendment by Pub. L. 105-89 effective Nov. 19, 1997, except as

otherwise provided, with delay permitted if State legislation is

required, see section 501 of Pub. L. 105-89, set out as a note

under section 622 of this title.

Section 1090(a)(4) of Pub. L. 105-34 provided that: "The

amendments made by this subsection [amending this section and

section 654a of this title] shall take effect on October 1, 1998."

Amendment by Pub. L. 105-33 effective as if included in the

enactment of title III of the Personal Responsibility and Work

Opportunity Reconciliation Act of 1996, Pub. L. 104-193, see

section 5557 of Pub. L. 105-33, set out as a note under section 608

of this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Amounts available under subsec. (o) of this section to be

calculated as though amendments made by section 101(e) [title II,

Sec. 215] of Pub. L. 104-208 were effective Oct. 1, 1995, see

section 101(e) [title II, Sec. 215] of Pub. L. 104-208, as amended,

set out as a note under section 652 of this title.

Amendment by section 108(c)(10) of Pub. L. 104-193 effective July

1, 1997, with transition rules relating to State options to

accelerate such date, rules relating to claims, actions, and

proceedings commenced before such date, rules relating to closing

out of accounts for terminated or substantially modified programs

and continuance in office of Assistant Secretary for Family

Support, and provisions relating to termination of entitlement

under AFDC program, see section 116 of Pub. L. 104-193, as amended,

set out as an Effective Date note under section 601 of this title.

For provisions relating to effective date of title III of Pub. L.

104-193, see section 395(a)-(c) of Pub. L. 104-193, set out as a

note under section 654 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Section 124(c) of Pub. L. 100-485 provided that:

"(1) Except as provided in paragraph (2), the amendments made by

subsections (a) and (b) [amending this section and sections 503 and

504 of this title] shall become effective on the first day of the

first calendar quarter which begins one year or more after the date

of the enactment of this Act [Oct. 13, 1988].

"(2) The Secretary of Health and Human Services and the Secretary

of Labor shall enter into the agreement required by the amendment

made by subsection (a) [amending this section] not later than 90

days after the date of the enactment of this Act."

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-369 effective July 18, 1984, but not to

be construed as changing or affecting any right, liability, status,

or interpretation which existed (under the provisions of law

involved) before that date, see section 2664(b) of Pub. L. 98-369,

set out as a note under section 401 of this title.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Oct. 1, 1981, except as

otherwise specifically provided, see section 2336 of Pub. L. 97-35,

set out as a note under section 651 of this title.

NOTICE OF PURPOSES FOR WHICH WAGE AND SALARY DATA ARE TO BE USED

Pub. L. 105-200, title IV, Sec. 402(c), July 16, 1998, 112 Stat.

669, provided that: "Within 90 days after the date of the enactment

of this Act [July 16, 1998], the Secretary of Health and Human

Services shall notify the Committee on Ways and Means of the House

of Representatives and the Committee on Finance of the Senate of

the specific purposes for which the new hire and the wage and

unemployment compensation information in the National Directory of

New Hires is to be used. At least 30 days before such information

is to be used for a purpose not specified in the notice provided

pursuant to the preceding sentence, the Secretary shall notify the

Committee on Ways and Means of the House of Representatives and the

Committee on Finance of the Senate of such purpose."

REPORT ON DATA MAINTAINED BY NATIONAL DIRECTORY OF NEW HIRES

Pub. L. 105-200, title IV, Sec. 402(d), July 16, 1998, 112 Stat.

669, provided that: "Within 3 years after the date of the enactment

of this Act [July 16, 1998], the Secretary of Health and Human

Services shall submit to the Committee on Ways and Means of the

House of Representatives and the Committee on Finance of the Senate

a report on the accuracy of the data maintained by the National

Directory of New Hires pursuant to section 453(i) of the Social

Security Act [subsec. (i) of this section], and the effectiveness

of the procedures designed to provide for the security of such

data."

COORDINATION BETWEEN SECRETARIES RELATING TO AMENDMENTS BY PUB. L.

105-34

Section 1090(a)(3) of Pub. L. 105-34 provided that: "The

Secretary of the Treasury and the Secretary of Health and Human

Services shall consult regarding the implementation issues

resulting from the amendments made by this subsection [amending

this section and section 654a of this title], including interim

deadlines for States that may be able before October 1, 1999, to

provide the data required by such amendments. The Secretaries shall

report to Congress on the results of such consultation."

REQUIREMENT FOR COOPERATION

Section 316(h) of title III of Pub. L. 104-193 provided that:

"The Secretary of Labor and the Secretary of Health and Human

Services shall work jointly to develop cost-effective and efficient

methods of accessing the information in the various State

directories of new hires and the National Directory of New Hires as

established pursuant to the amendments made by this subtitle

[subtitle B (Secs. 311-317) of title III of Pub. L. 104-193,

enacting sections 653a and 654b of this title and amending this

section, sections 503, 654, 654a, 666, 1320b-7 of this title, and

sections 3304 and 6103 of Title 26, Internal Revenue Code]. In

developing these methods the Secretaries shall take into account

the impact, including costs, on the States, and shall also consider

the need to insure the proper and authorized use of wage record

information."

EXECUTIVE AGENCIES TO FACILITATE PAYMENT OF CHILD SUPPORT

For provisions requiring Federal agencies to cooperate with

Federal Parent Locator Service, see Ex. Ord. No. 12953, Sec. 303,

Feb. 27, 1995, 60 F.R. 11014, set out as a note under section 659

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 503, 652, 653a, 654,

654a, 663, 11602 of this title; title 10 section 1408; title 26

sections 3304, 6213.

-End-

-CITE-

42 USC Sec. 653a 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 653a. State Directory of New Hires

-STATUTE-

(a) Establishment

(1) In general

(A) Requirement for States that have no directory

Except as provided in subparagraph (B), not later than

October 1, 1997, each State shall establish an automated

directory (to be known as the "State Directory of New Hires")

which shall contain information supplied in accordance with

subsection (b) of this section by employers on each newly hired

employee.

(B) States with new hire reporting law in existence

A State which has a new hire reporting law in existence on

August 22, 1996, may continue to operate under the State law,

but the State must meet the requirements of subsection (g)(2)

of this section not later than October 1, 1997, and the

requirements of this section (other than subsection (g)(2) of

this section) not later than October 1, 1998.

(2) Definitions

As used in this section:

(A) Employee

The term "employee" -

(i) means an individual who is an employee within the

meaning of chapter 24 of the Internal Revenue Code of 1986;

and

(ii) does not include an employee of a Federal or State

agency performing intelligence or counterintelligence

functions, if the head of such agency has determined that

reporting pursuant to paragraph (1) with respect to the

employee could endanger the safety of the employee or

compromise an ongoing investigation or intelligence mission.

(B) Employer

(i) In general

The term "employer" has the meaning given such term in

section 3401(d) of the Internal Revenue Code of 1986 and

includes any governmental entity and any labor organization.

(ii) Labor organization

The term "labor organization" shall have the meaning given

such term in section 152(5) of title 29, and includes any

entity (also known as a "hiring hall") which is used by the

organization and an employer to carry out requirements

described in section 158(f)(3) of title 29 of an agreement

between the organization and the employer.

(b) Employer information

(1) Reporting requirement

(A) In general

Except as provided in subparagraphs (B) and (C), each

employer shall furnish to the Directory of New Hires of the

State in which a newly hired employee works, a report that

contains the name, address, and social security number of the

employee, and the name and address of, and identifying number

assigned under section 6109 of the Internal Revenue Code of

1986 to, the employer.

(B) Multistate employers

An employer that has employees who are employed in 2 or more

States and that transmits reports magnetically or

electronically may comply with subparagraph (A) by designating

1 State in which such employer has employees to which the

employer will transmit the report described in subparagraph

(A), and transmitting such report to such State. Any employer

that transmits reports pursuant to this subparagraph shall

notify the Secretary in writing as to which State such employer

designates for the purpose of sending reports.

(C) Federal Government employers

Any department, agency, or instrumentality of the United

States shall comply with subparagraph (A) by transmitting the

report described in subparagraph (A) to the National Directory

of New Hires established pursuant to section 653 of this title.

(2) Timing of report

Each State may provide the time within which the report

required by paragraph (1) shall be made with respect to an

employee, but such report shall be made -

(A) not later than 20 days after the date the employer hires

the employee; or

(B) in the case of an employer transmitting reports

magnetically or electronically, by 2 monthly transmissions (if

necessary) not less than 12 days nor more than 16 days apart.

(c) Reporting format and method

Each report required by subsection (b) of this section shall be

made on a W-4 form or, at the option of the employer, an equivalent

form, and may be transmitted by 1st class mail, magnetically, or

electronically.

(d) Civil money penalties on noncomplying employers

The State shall have the option to set a State civil money

penalty which shall not exceed -

(1) $25 per failure to meet the requirements of this section

with respect to a newly hired employee; or

(2) $500 if, under State law, the failure is the result of a

conspiracy between the employer and the employee to not supply

the required report or to supply a false or incomplete report.

(e) Entry of employer information

Information shall be entered into the data base maintained by the

State Directory of New Hires within 5 business days of receipt from

an employer pursuant to subsection (b) of this section.

(f) Information comparisons

(1) In general

Not later than May 1, 1998, an agency designated by the State

shall, directly or by contract, conduct automated comparisons of

the social security numbers reported by employers pursuant to

subsection (b) of this section and the social security numbers

appearing in the records of the State case registry for cases

being enforced under the State plan.

(2) Notice of match

When an information comparison conducted under paragraph (1)

reveals a match with respect to the social security number of an

individual required to provide support under a support order, the

State Directory of New Hires shall provide the agency

administering the State plan approved under this part of the

appropriate State with the name, address, and social security

number of the employee to whom the social security number is

assigned, and the name and address of, and identifying number

assigned under section 6109 of the Internal Revenue Code of 1986

to, the employer.

(g) Transmission of information

(1) Transmission of wage withholding notices to employers

Within 2 business days after the date information regarding a

newly hired employee is entered into the State Directory of New

Hires, the State agency enforcing the employee's child support

obligation shall transmit a notice to the employer of the

employee directing the employer to withhold from the income of

the employee an amount equal to the monthly (or other periodic)

child support obligation (including any past due support

obligation) of the employee, unless the employee's income is not

subject to withholding pursuant to section 666(b)(3) of this

title.

(2) Transmissions to the National Directory of New Hires

(A) New hire information

Within 3 business days after the date information regarding a

newly hired employee is entered into the State Directory of New

Hires, the State Directory of New Hires shall furnish the

information to the National Directory of New Hires.

(B) Wage and unemployment compensation information

The State Directory of New Hires shall, on a quarterly basis,

furnish to the National Directory of New Hires information

concerning the wages and unemployment compensation paid to

individuals, by such dates, in such format, and containing such

information as the Secretary of Health and Human Services shall

specify in regulations.

(3) "Business day" defined

As used in this subsection, the term "business day" means a day

on which State offices are open for regular business.

(h) Other uses of new hire information

(1) Location of child support obligors

The agency administering the State plan approved under this

part shall use information received pursuant to subsection (f)(2)

of this section to locate individuals for purposes of

establishing paternity and establishing, modifying, and enforcing

child support obligations, and may disclose such information to

any agent of the agency that is under contract with the agency to

carry out such purposes.

(2) Verification of eligibility for certain programs

A State agency responsible for administering a program

specified in section 1320b-7(b) of this title shall have access

to information reported by employers pursuant to subsection (b)

of this section for purposes of verifying eligibility for the

program.

(3) Administration of employment security and workers'

compensation

State agencies operating employment security and workers'

compensation programs shall have access to information reported

by employers pursuant to subsection (b) of this section for the

purposes of administering such programs.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 453A, as added Pub. L.

104-193, title III, Sec. 313(b), Aug. 22, 1996, 110 Stat. 2209;

amended Pub. L. 105-33, title V, Sec. 5533, Aug. 5, 1997, 111 Stat.

627.)

-REFTEXT-

REFERENCES IN TEXT

The Internal Revenue Code of 1986, referred to in subsecs.

(a)(2), (b)(1)(A), and (f)(2), is classified generally to Title 26,

Internal Revenue Code.

-MISC1-

AMENDMENTS

1997 - Subsec. (d). Pub. L. 105-33, Sec. 5533(1), substituted

"shall not exceed" for "shall be less than" in introductory

provisions and "$25 per failure to meet the requirements of this

section with respect to a newly hired employee" for "$25" in par.

(1).

Subsec. (g)(2)(B). Pub. L. 105-33, Sec. 5533(2), substituted

"information" for "extracts of the reports required under section

503(a)(6) of this title to be made to the Secretary of Labor".

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-33 effective as if included in the

enactment of title III of the Personal Responsibility and Work

Opportunity Reconciliation Act of 1996, Pub. L. 104-193, see

section 5557 of Pub. L. 105-33, set out as a note under section 608

of this title.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 653, 654, 666, 1320b-7 of

this title.

-End-

-CITE-

42 USC Sec. 654 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 654. State plan for child and spousal support

-STATUTE-

A State plan for child and spousal support must -

(1) provide that it shall be in effect in all political

subdivisions of the State;

(2) provide for financial participation by the State;

(3) provide for the establishment or designation of a single

and separate organizational unit, which meets such staffing and

organizational requirements as the Secretary may by regulation

prescribe, within the State to administer the plan;

(4) provide that the State will -

(A) provide services relating to the establishment of

paternity or the establishment, modification, or enforcement of

child support obligations, as appropriate, under the plan with

respect to -

(i) each child for whom (I) assistance is provided under

the State program funded under part A of this subchapter,

(II) benefits or services for foster care maintenance are

provided under the State program funded under part E of this

subchapter, (III) medical assistance is provided under the

State plan approved under subchapter XIX of this chapter, or

(IV) cooperation is required pursuant to section 2015(l)(1)

of title 7, unless, in accordance with paragraph (29), good

cause or other exceptions exist;

(ii) any other child, if an individual applies for such

services with respect to the child; and

(B) enforce any support obligation established with respect

to -

(i) a child with respect to whom the State provides

services under the plan; or

(ii) the custodial parent of such a child;

(5) provide that (A) in any case in which support payments are

collected for an individual with respect to whom an assignment

pursuant to section 608(a)(3) of this title is effective, such

payments shall be made to the State for distribution pursuant to

section 657 of this title and shall not be paid directly to the

family, and the individual will be notified on a monthly basis

(or on a quarterly basis for so long as the Secretary determines

with respect to a State that requiring such notice on a monthly

basis would impose an unreasonable administrative burden) of the

amount of the support payments collected, and (B) in any case in

which support payments are collected for an individual pursuant

to the assignment made under section 1396k of this title, such

payments shall be made to the State for distribution pursuant to

section 1396k of this title, except that this clause shall not

apply to such payments for any month after the month in which the

individual ceases to be eligible for medical assistance;

(6) provide that -

(A) services under the plan shall be made available to

residents of other States on the same terms as to residents of

the State submitting the plan;

(B) an application fee for furnishing such services shall be

imposed on an individual, other than an individual receiving

assistance under a State program funded under part A or E of

this subchapter, or under a State plan approved under

subchapter XIX of this chapter, or who is required by the State

to cooperate with the State agency administering the program

under this part pursuant to subsection (l) or (m) of section

2015 of title 7, and shall be paid by the individual applying

for such services, or recovered from the absent parent, or paid

by the State out of its own funds (the payment of which from

State funds shall not be considered as an administrative cost

of the State for the operation of the plan, and shall be

considered income to the program), the amount of which (i) will

not exceed $25 (or such higher or lower amount (which shall be

uniform for all States) as the Secretary may determine to be

appropriate for any fiscal year to reflect increases or

decreases in administrative costs), and (ii) may vary among

such individuals on the basis of ability to pay (as determined

by the State);

(C) a fee of not more than $25 may be imposed in any case

where the State requests the Secretary of the Treasury to

withhold past-due support owed to or on behalf of such

individual from a tax refund pursuant to section 664(a)(2) of

this title;

(D) a fee (in accordance with regulations of the Secretary)

for performing genetic tests may be imposed on any individual

who is not a recipient of assistance under a State program

funded under part A of this subchapter; and

(E) any costs in excess of the fees so imposed may be

collected -

(i) from the parent who owes the child or spousal support

obligation involved; or

(ii) at the option of the State, from the individual to

whom such services are made available, but only if such State

has in effect a procedure whereby all persons in such State

having authority to order child or spousal support are

informed that such costs are to be collected from the

individual to whom such services were made available;

(7) provide for entering into cooperative arrangements with

appropriate courts and law enforcement officials and Indian

tribes or tribal organizations (as defined in subsections (e) and

(l) of section 450b of title 25) (A) to assist the agency

administering the plan, including the entering into of financial

arrangements with such courts and officials in order to assure

optimum results under such program, and (B) with respect to any

other matters of common concern to such courts or officials and

the agency administering the plan;

(8) provide that, for the purpose of establishing parentage,

establishing, setting the amount of, modifying, or enforcing

child support obligations, or making or enforcing a child custody

or visitation determination, as defined in section 663(d)(1) of

this title the agency administering the plan will establish a

service to locate parents utilizing -

(A) all sources of information and available records; and

(B) the Federal Parent Locator Service established under

section 653 of this title,

and shall, subject to the privacy safeguards required under

paragraph (26), disclose only the information described in

sections 653 and 663 of this title to the authorized persons

specified in such sections for the purposes specified in such

sections;

(9) provide that the State will, in accordance with standards

prescribed by the Secretary, cooperate with any other State -

(A) in establishing paternity, if necessary;

(B) in locating a noncustodial parent residing in the State

(whether or not permanently) against whom any action is being

taken under a program established under a plan approved under

this part in another State;

(C) in securing compliance by a noncustodial parent residing

in such State (whether or not permanently) with an order issued

by a court of competent jurisdiction against such parent for

the support and maintenance of the child or children or the

parent of such child or children with respect to whom aid is

being provided under the plan of such other State;

(D) in carrying out other functions required under a plan

approved under this part; and

(E) not later than March 1, 1997, in using the forms

promulgated pursuant to section 652(a)(11) of this title for

income withholding, imposition of liens, and issuance of

administrative subpoenas in interstate child support cases;

(10) provide that the State will maintain a full record of

collections and disbursements made under the plan and have an

adequate reporting system;

(11)(A) provide that amounts collected as support shall be

distributed as provided in section 657 of this title; and

(B) provide that any payment required to be made under section

656 or 657 of this title to a family shall be made to the

resident parent, legal guardian, or caretaker relative having

custody of or responsibility for the child or children;

(12) provide for the establishment of procedures to require the

State to provide individuals who are applying for or receiving

services under the State plan, or who are parties to cases in

which services are being provided under the State plan -

(A) with notice of all proceedings in which support

obligations might be established or modified; and

(B) with a copy of any order establishing or modifying a

child support obligation, or (in the case of a petition for

modification) a notice of determination that there should be no

change in the amount of the child support award, within 14 days

after issuance of such order or determination;

(13) provide that the State will comply with such other

requirements and standards as the Secretary determines to be

necessary to the establishment of an effective program for

locating noncustodial parents, establishing paternity, obtaining

support orders, and collecting support payments and provide that

information requests by parents who are residents of other States

be treated with the same priority as requests by parents who are

residents of the State submitting the plan;

(14)(A) comply with such bonding requirements, for employees

who receive, disburse, handle, or have access to, cash, as the

Secretary shall by regulations prescribe;

(B) maintain methods of administration which are designed to

assure that persons responsible for handling cash receipts shall

not participate in accounting or operating functions which would

permit them to conceal in the accounting records the misuse of

cash receipts (except that the Secretary shall by regulations

provide for exceptions to this requirement in the case of

sparsely populated areas where the hiring of unreasonable

additional staff would otherwise be necessary);

(15) provide for -

(A) a process for annual reviews of and reports to the

Secretary on the State program operated under the State plan

approved under this part, including such information as may be

necessary to measure State compliance with Federal requirements

for expedited procedures, using such standards and procedures

as are required by the Secretary, under which the State agency

will determine the extent to which the program is operated in

compliance with this part; and

(B) a process of extracting from the automated data

processing system required by paragraph (16) and transmitting

to the Secretary data and calculations concerning the levels of

accomplishment (and rates of improvement) with respect to

applicable performance indicators (including paternity

establishment percentages) to the extent necessary for purposes

of sections 652(g) and 658a of this title;

(16) provide for the establishment and operation by the State

agency, in accordance with an (initial and annually updated)

advance automated data processing planning document approved

under section 652(d) of this title, of a statewide automated data

processing and information retrieval system meeting the

requirements of section 654a of this title designed effectively

and efficiently to assist management in the administration of the

State plan, so as to control, account for, and monitor all the

factors in the support enforcement collection and paternity

determination process under such plan;

(17) provide that the State will have in effect an agreement

with the Secretary entered into pursuant to section 663 of this

title for the use of the Parent Locator Service established under

section 653 of this title, and provide that the State will accept

and transmit to the Secretary requests for information authorized

under the provisions of the agreement to be furnished by such

Service to authorized persons, will impose and collect (in

accordance with regulations of the Secretary) a fee sufficient to

cover the costs to the State and to the Secretary incurred by

reason of such requests, will transmit to the Secretary from time

to time (in accordance with such regulations) so much of the fees

collected as are attributable to such costs to the Secretary so

incurred, and during the period that such agreement is in effect

will otherwise comply with such agreement and regulations of the

Secretary with respect thereto;

(18) provide that the State has in effect procedures necessary

to obtain payment of past-due support from overpayments made to

the Secretary of the Treasury as set forth in section 664 of this

title, and take all steps necessary to implement and utilize such

procedures;

(19) provide that the agency administering the plan -

(A) shall determine on a periodic basis, from information

supplied pursuant to section 508 of the Unemployment

Compensation Amendments of 1976, whether any individuals

receiving compensation under the State's unemployment

compensation law (including amounts payable pursuant to any

agreement under any Federal unemployment compensation law) owe

child support obligations which are being enforced by such

agency; and

(B) shall enforce any such child support obligations which

are owed by such an individual but are not being met -

(i) through an agreement with such individual to have

specified amounts withheld from compensation otherwise

payable to such individual and by submitting a copy of any

such agreement to the State agency administering the

unemployment compensation law; or

(ii) in the absence of such an agreement, by bringing legal

process (as defined in section 659(i)(5) of this title) to

require the withholding of amounts from such compensation;

(20) provide, to the extent required by section 666 of this

title, that the State (A) shall have in effect all of the laws to

improve child support enforcement effectiveness which are

referred to in that section, and (B) shall implement the

procedures which are prescribed in or pursuant to such laws;

(21)(A) at the option of the State, impose a late payment fee

on all overdue support (as defined in section 666(e) of this

title) under any obligation being enforced under this part, in an

amount equal to a uniform percentage determined by the State (not

less than 3 percent nor more than 6 percent) of the overdue

support, which shall be payable by the noncustodial parent owing

the overdue support; and

(B) assure that the fee will be collected in addition to, and

only after full payment of, the overdue support, and that the

imposition of the late payment fee shall not directly or

indirectly result in a decrease in the amount of the support

which is paid to the child (or spouse) to whom, or on whose

behalf, it is owed;

(22) in order for the State to be eligible to receive any

incentive payments under section 658a of this title, provide

that, if one or more political subdivisions of the State

participate in the costs of carrying out activities under the

State plan during any period, each such subdivision shall be

entitled to receive an appropriate share (as determined by the

State) of any such incentive payments made to the State for such

period, taking into account the efficiency and effectiveness of

the activities carried out under the State plan by such political

subdivision;

(23) provide that the State will regularly and frequently

publicize, through public service announcements, the availability

of child support enforcement services under the plan and

otherwise, including information as to any application fees for

such services and a telephone number or postal address at which

further information may be obtained and will publicize the

availability and encourage the use of procedures for voluntary

establishment of paternity and child support by means the State

deems appropriate;

(24) provide that the State will have in effect an automated

data processing and information retrieval system -

(A) by October 1, 1997, which meets all requirements of this

part which were enacted on or before October 13, 1988; and

(B) by October 1, 2000, which meets all requirements of this

part enacted on or before August 22, 1996, except that such

deadline shall be extended by 1 day for each day (if any) by

which the Secretary fails to meet the deadline imposed by

section 344(a)(3) of the Personal Responsibility and Work

Opportunity Reconciliation Act of 1996;

(25) provide that if a family with respect to which services

are provided under the plan ceases to receive assistance under

the State program funded under part A of this subchapter, the

State shall provide appropriate notice to the family and continue

to provide such services, subject to the same conditions and on

the same basis as in the case of other individuals to whom

services are furnished under the plan, except that an application

or other request to continue services shall not be required of

such a family and paragraph (6)(B) shall not apply to the family;

(26) have in effect safeguards, applicable to all confidential

information handled by the State agency, that are designed to

protect the privacy rights of the parties, including -

(A) safeguards against unauthorized use or disclosure of

information relating to proceedings or actions to establish

paternity, or to establish, modify, or enforce support, or to

make or enforce a child custody determination;

(B) prohibitions against the release of information on the

whereabouts of 1 party or the child to another party against

whom a protective order with respect to the former party or the

child has been entered;

(C) prohibitions against the release of information on the

whereabouts of 1 party or the child to another person if the

State has reason to believe that the release of the information

to that person may result in physical or emotional harm to the

party or the child;

(D) in cases in which the prohibitions under subparagraphs

(B) and (C) apply, the requirement to notify the Secretary, for

purposes of section 653(b)(2) of this title, that the State has

reasonable evidence of domestic violence or child abuse against

a party or the child and that the disclosure of such

information could be harmful to the party or the child; and

(E) procedures providing that when the Secretary discloses

information about a parent or child to a State court or an

agent of a State court described in section 653(c)(2) or

663(d)(2)(B) of this title, and advises that court or agent

that the Secretary has been notified that there is reasonable

evidence of domestic violence or child abuse pursuant to

section 653(b)(2) of this title, the court shall determine

whether disclosure to any other person of information received

from the Secretary could be harmful to the parent or child and,

if the court determines that disclosure to any other person

could be harmful, the court and its agents shall not make any

such disclosure;

(27) provide that, on and after October 1, 1998, the State

agency will -

(A) operate a State disbursement unit in accordance with

section 654b of this title; and

(B) have sufficient State staff (consisting of State

employees) and (at State option) contractors reporting directly

to the State agency to -

(i) monitor and enforce support collections through the

unit in cases being enforced by the State pursuant to

paragraph (4) (including carrying out the automated data

processing responsibilities described in section 654a(g) of

this title); and

(ii) take the actions described in section 666(c)(1) of

this title in appropriate cases;

(28) provide that, on and after October 1, 1997, the State will

operate a State Directory of New Hires in accordance with section

653a of this title;

(29) provide that the State agency responsible for

administering the State plan -

(A) shall make the determination (and redetermination at

appropriate intervals) as to whether an individual who has

applied for or is receiving assistance under the State program

funded under part A of this subchapter, the State program under

part E of this subchapter, the State program under subchapter

XIX of this chapter, or the food stamp program, as defined

under section 2012(h) of title 7, is cooperating in good faith

with the State in establishing the paternity of, or in

establishing, modifying, or enforcing a support order for, any

child of the individual by providing the State agency with the

name of, and such other information as the State agency may

require with respect to, the noncustodial parent of the child,

subject to good cause and other exceptions which -

(i) in the case of the State program funded under part A of

this subchapter, the State program under part E of this

subchapter, or the State program under subchapter XIX of this

chapter shall, at the option of the State, be defined, taking

into account the best interests of the child, and applied in

each case, by the State agency administering such program;

and

(ii) in the case of the food stamp program, as defined

under section 2012(h) of title 7, shall be defined and

applied in each case under that program in accordance with

section 2015(l)(2) of title 7;

(B) shall require the individual to supply additional

necessary information and appear at interviews, hearings, and

legal proceedings;

(C) shall require the individual and the child to submit to

genetic tests pursuant to judicial or administrative order;

(D) may request that the individual sign a voluntary

acknowledgment of paternity, after notice of the rights and

consequences of such an acknowledgment, but may not require the

individual to sign an acknowledgment or otherwise relinquish

the right to genetic tests as a condition of cooperation and

eligibility for assistance under the State program funded under

part A of this subchapter, the State program under part E of

this subchapter, the State program under subchapter XIX of this

chapter, or the food stamp program, as defined under section

2012(h) of title 7; and

(E) shall promptly notify the individual and the State agency

administering the State program funded under part A of this

subchapter, the State agency administering the State program

under part E of this subchapter, the State agency administering

the State program under subchapter XIX of this chapter, or the

State agency administering the food stamp program, as defined

under section 2012(h) of title 7, of each such determination,

and if noncooperation is determined, the basis therefor;

(30) provide that the State shall use the definitions

established under section 652(a)(5) of this title in collecting

and reporting information as required under this part;

(31) provide that the State agency will have in effect a

procedure for certifying to the Secretary, for purposes of the

procedure under section 652(k) of this title, determinations that

individuals owe arrearages of child support in an amount

exceeding $5,000, under which procedure -

(A) each individual concerned is afforded notice of such

determination and the consequences thereof, and an opportunity

to contest the determination; and

(B) the certification by the State agency is furnished to the

Secretary in such format, and accompanied by such supporting

documentation, as the Secretary may require;

(32)(A) provide that any request for services under this part

by a foreign reciprocating country or a foreign country with

which the State has an arrangement described in section 659a(d)

of this title shall be treated as a request by a State;

(B) provide, at State option, notwithstanding paragraph (4) or

any other provision of this part, for services under the plan for

enforcement of a spousal support order not described in paragraph

(4)(B) entered by such a country (or subdivision); and

(C) provide that no applications will be required from, and no

costs will be assessed for such services against, the foreign

reciprocating country or foreign obligee (but costs may at State

option be assessed against the obligor); and

(33) provide that a State that receives funding pursuant to

section 628 of this title and that has within its borders Indian

country (as defined in section 1151 of title 18) may enter into

cooperative agreements with an Indian tribe or tribal

organization (as defined in subsections (e) and (l) of section

450b of title 25), if the Indian tribe or tribal organization

demonstrates that such tribe or organization has an established

tribal court system or a Court of Indian Offenses with the

authority to establish paternity, establish, modify, or enforce

support orders, or to enter support orders in accordance with

child support guidelines established or adopted by such tribe or

organization, under which the State and tribe or organization

shall provide for the cooperative delivery of child support

enforcement services in Indian country and for the forwarding of

all collections pursuant to the functions performed by the tribe

or organization to the State agency, or conversely, by the State

agency to the tribe or organization, which shall distribute such

collections in accordance with such agreement.

The State may allow the jurisdiction which makes the collection

involved to retain any application fee under paragraph (6)(B) or

any late payment fee under paragraph (21). Nothing in paragraph

(33) shall void any provision of any cooperative agreement entered

into before August 22, 1996, nor shall such paragraph deprive any

State of jurisdiction over Indian country (as so defined) that is

lawfully exercised under section 1322 of title 25.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 454, as added Pub. L.

93-647, Sec. 101(a), Jan. 4, 1975, 88 Stat. 2354; amended Pub. L.

94-88, title II, Sec. 208(b), (c), Aug. 9, 1975, 89 Stat. 436; Pub.

L. 95-30, title V, Sec. 502(a), May 23, 1977, 91 Stat. 162; Pub. L.

96-265, title IV, Sec. 405(b), June 9, 1980, 94 Stat. 463; Pub. L.

96-611, Sec. 9(a), Dec. 28, 1980, 94 Stat. 3571; Pub. L. 97-35,

title XXIII, Secs. 2331(b), 2332(d), 2333(a), (b), 2335(a), Aug.

13, 1981, 95 Stat. 860, 862, 863; Pub. L. 97-248, title I, Secs.

171(a), (b)(1), 173(a), Sept. 3, 1982, 96 Stat. 401, 403; Pub. L.

98-369, div. B, title VI, Sec. 2663(c)(14), (j)(2)(B)(x), July 18,

1984, 98 Stat. 1166, 1170; Pub. L. 98-378, Secs. 3(a), (c)-(f),

5(b), 6(a), 11(b)(1), 12(a), (b), 14(a), 21(d), Aug. 16, 1984, 98

Stat. 1306, 1310, 1311, 1314, 1318, 1319, 1320, 1324; Pub. L.

100-203, title IX, Secs. 9141(a)(2), 9142(a), Dec. 22, 1987, 101

Stat. 1330-321; Pub. L. 100-485, title I, Secs. 104(a), 111(c),

123(a), (d), Oct. 13, 1988, 102 Stat. 2348, 2349, 2352, 2353; Pub.

L. 104-35, Sec. 1(a), Oct. 12, 1995, 109 Stat. 294; Pub. L.

104-193, title I, Sec. 108(c)(11), (12), title III, Secs. 301(a),

(b), 302(b)(2), 303(a), 304(a), 312(a), 313(a), 316(g)(1), 324(b),

332, 333, 342(a), 343(b), 344(a)(1), (4), 370(a)(2), 371(b),

375(a), (c), 395(d)(1)(D), (2)(B), Aug. 22, 1996, 110 Stat. 2166,

2199, 2204, 2205, 2207, 2209, 2218, 2223, 2230, 2233, 2234, 2236,

2252, 2254, 2256, 2259, 2260; Pub. L. 105-33, title V, Secs.

5531(a), 5542(c), 5545, 5546(a), 5548, 5552, 5556(b), Aug. 5, 1997,

111 Stat. 625, 631, 633, 635, 637; Pub. L. 106-169, title IV, Sec.

401(g), (h), Dec. 14, 1999, 113 Stat. 1858.)

-REFTEXT-

REFERENCES IN TEXT

Parts A and E of this subchapter, referred to in pars. (4)(A)(i),

(6)(B), (D), (25), and (29)(A), (D), (E), are classified to section

601 et seq. and 670 et seq., respectively, of this title.

Section 508 of the Unemployment Compensation Amendments of 1976,

referred to in par. (19), is section 508 of Pub. L. 94-566, Oct.

20, 1976, 90 Stat. 2689, which enacted section 603a of this title

and amended section 49b of Title 29, Labor.

Section 344(a)(3) of the Personal Responsibility and Work

Opportunity Reconciliation Act of 1996, referred to in par. (24),

is section 344(a)(3) of Pub. L. 104-193, which is set out as a

Regulations note under section 654a of this title.

-MISC1-

AMENDMENTS

1999 - Par. (6)(E)(i). Pub. L. 106-169, Sec. 401(g)(1),

substituted "; or" for ", or" at end.

Par. (9)(A) to (C). Pub. L. 106-169, Sec. 401(g)(2), substituted

semicolon for comma at end.

Par. (19)(A). Pub. L. 106-169, Sec. 401(g)(3), substituted ";

and" for ", and" at end.

Par. (19)(B)(i). Pub. L. 106-169, Sec. 401(g)(1), substituted ";

or" for ", or" at end.

Par. (24)(A). Pub. L. 106-169, Sec. 401(g)(3), substituted ";

and" for ", and" at end.

Par. (24)(B). Pub. L. 106-169, Sec. 401(h), made technical

amendment to reference in original act which appears in text as

reference to August 22, 1996.

1997 - Par. (4)(A)(i)(IV). Pub. L. 105-33, Sec. 5548(a), added

subcl. (IV).

Par. (6)(B). Pub. L. 105-33, Sec. 5531(a), substituted "an

individual, other than an individual receiving assistance under a

State program funded under part A or E of this subchapter, or under

a State plan approved under subchapter XIX of this chapter, or who

is required by the State to cooperate with the State agency

administering the program under this part pursuant to subsection

(l) or (m) of section 2015 of title 7, and" for "individuals not

receiving assistance under any State program funded under part A of

this subchapter, which".

Par. (8). Pub. L. 105-33, Sec. 5552(1)(D), inserted concluding

provisions.

Pub. L. 105-33, Sec. 5552(1)(A), in introductory provisions,

inserted ", for the purpose of establishing parentage,

establishing, setting the amount of, modifying, or enforcing child

support obligations, or making or enforcing a child custody or

visitation determination, as defined in section 663(d)(1) of this

title" after "provide that" and struck out "noncustodial" before

"parents".

Par. (8)(A). Pub. L. 105-33, Sec. 5552(1)(B), substituted

"records; and" for "records, and".

Par. (8)(B). Pub. L. 105-33, Sec. 5552(1)(C), substituted

"title," for "title;".

Par. (16). Pub. L. 105-33, Sec. 5556(b), made technical amendment

to directory language of Pub. L. 104-193, Sec. 344(a)(1)(F). See

1996 Amendment note below.

Par. (17). Pub. L. 105-33, Sec. 5552(2), substituted "provide

that the State will have" for "in the case of a State which has"

and inserted "and" after "section 653 of this title,".

Par. (19)(B)(ii). Pub. L. 105-33, Sec. 5542(c), substituted

"section 659(i)(5)" for "section 662(e)".

Par. (26). Pub. L. 105-33, Sec. 5552(3)(A), struck out "will"

before "have in effect" in introductory provisions.

Par. (26)(A). Pub. L. 105-33, Sec. 5552(3)(B), inserted ",

modify," after "or to establish" and ", or to make or enforce a

child custody determination" after "support".

Par. (26)(B). Pub. L. 105-33, Sec. 5552(3)(C)(i), (ii), inserted

"or the child" after "1 party" and after "former party".

Par. (26)(C). Pub. L. 105-33, Sec. 5552(3)(D), inserted "or the

child" after "1 party", substituted "another person" for "another

party", inserted "to that person" after "release of the

information", and substituted "party or the child" for "former

party".

Par. (26)(D), (E). Pub. L. 105-33, Sec. 5552(3)(C)(iii), (E),

added subpars. (D) and (E).

Par. (29)(A). Pub. L. 105-33, Sec. 5548(b)(1)(B), substituted

cls. (i) and (ii) for

"(i) shall be defined, taking into account the best interests

of the child, and

"(ii) shall be applied in each case,

by, at the option of the State, the State agency administering the

State program under part A of this subchapter, this part, or

subchapter XIX of this chapter;".

Pub. L. 105-33, Sec. 5548(b)(1)(A), in introductory provisions,

substituted "part A of this subchapter, the State program under

part E of this subchapter, the State program under subchapter XIX

of this chapter, or the food stamp program, as defined under

section 2012(h) of title 7," for "part A of this subchapter or the

State program under subchapter XIX of this chapter".

Par. (29)(D). Pub. L. 105-33, Sec. 5548(b)(2), substituted "the

State program under part E of this subchapter, the State program

under subchapter XIX of this chapter, or the food stamp program, as

defined under section 2012(h) of title 7" for "or the State program

under subchapter XIX of this chapter".

Par. (29)(E). Pub. L. 105-33, Sec. 5548(b)(3), substituted

"individual and the State agency administering the State program

funded under part A of this subchapter, the State agency

administering the State program under part E of this subchapter,

the State agency administering the State program under subchapter

XIX of this chapter, or the State agency administering the food

stamp program, as defined under section 2012(h) of title 7," for

"individual, the State agency administering the State program

funded under part A of this subchapter, and the State agency

administering the State program under subchapter XIX of this

chapter,".

Par. (32)(A). Pub. L. 105-33, Sec. 5545, substituted "section

659a(d)" for "section 659a(d)(2)".

Par. (33). Pub. L. 105-33, Sec. 5546(a), substituted "or enforce

support orders, or" for "and enforce support orders, and",

"guidelines established or adopted by such tribe or organization"

for "guidelines established by such tribe or organization", "all

collections" for "all funding collected", and "such collections"

for "such funding".

1996 - Pub. L. 104-193, Sec. 375(a)(4), inserted at end of

closing provisions "Nothing in paragraph (33) shall void any

provision of any cooperative agreement entered into before August

22, 1996, nor shall such paragraph deprive any State of

jurisdiction over Indian country (as so defined) that is lawfully

exercised under section 1322 of title 25."

Par. (4). Pub. L. 104-193, Sec. 301(a)(1), amended par. (4)

generally. Prior to amendment, par. (4) read as follows: "provide

that such State will undertake -

"(A) in the case of a child born out of wedlock with respect to

whom an assignment under section 602(a)(26) of this title or

section 1396k of this title is effective, to establish the

paternity of such child, unless the agency administering the plan

of the State under part A of this subchapter determines in

accordance with the standards prescribed by the Secretary

pursuant to section 602(a)(26)(B) of this title that it is

against the best interests of the child to do so, or, in the case

of such a child with respect to whom an assignment under section

1396k of this title is in effect, the State agency administering

the plan approved under subchapter XIX of this chapter determines

pursuant to section 1396k(a)(1)(B) of this title that it is

against the best interests of the child to do so, and

"(B) in the case of any child with respect to whom such

assignment is effective, including an assignment with respect to

a child on whose behalf a State agency is making foster care

maintenance payments under part E of this subchapter, to secure

support for such child from his parent (or from any other person

legally liable for such support), and from such parent for his

spouse (or former spouse) receiving aid to families with

dependent children or medical assistance under a State plan

approved under subchapter XIX of this chapter (but only if a

support obligation has been established with respect to such

spouse, and only if the support obligation established with

respect to the child is being enforced under the plan), utilizing

any reciprocal arrangements adopted with other States (unless the

agency administering the plan of the State under part A or E of

this subchapter determines in accordance with the standards

prescribed by the Secretary pursuant to section 602(a)(26)(B) of

this title that it is against the best interests of the child to

do so), except that when such arrangements and other means have

proven ineffective, the State may utilize the Federal courts to

obtain or enforce court orders for support;".

Par. (5)(A). Pub. L. 104-193, Sec. 108(c)(11), substituted

"pursuant to section 608(a)(3) of this title" for "under section

602(a)(26) of this title" and "payments collected," for "payments

collected; except that this paragraph shall not apply to such

payments for any month following the first month in which the

amount collected is sufficient to make such family ineligible for

assistance under the State plan approved under part A of this

subchapter;".

Par. (6). Pub. L. 104-193, Sec. 301(a)(2)(A), substituted

"provide that - " for "provide that" in introductory provisions.

Par. (6)(A). Pub. L. 104-193, Sec. 301(a)(2)(B), added subpar.

(A) and struck out former subpar. (A) which read as follows: "the

child support collection or paternity determination services

established under the plan shall be made available to any

individual not otherwise eligible for such services upon

application filed by such individual with the State, including

support collection services for the spouse (or former spouse) with

whom the absent parent's child is living (but only if a support

obligation has been established with respect to such spouse, and

only if the support obligation established with respect to the

child is being enforced under the plan),".

Par. (6)(B). Pub. L. 104-193, Sec. 301(a)(2)(C), (D), inserted

"on individuals not receiving assistance under any State program

funded under part A of this subchapter" after "such services shall

be imposed", realigned margins, and substituted semicolon for comma

at end.

Par. (6)(C). Pub. L. 104-193, Sec. 301(a)(2)(D), realigned

margins and substituted semicolon for comma at end.

Par. (6)(D). Pub. L. 104-193, Sec. 301(a)(2)(D), realigned

margins and substituted semicolon for comma before "and" at end.

Pub. L. 104-193, Sec. 108(c)(12), substituted "assistance under a

State program funded" for "aid under a State plan approved".

Par. (6)(E). Pub. L. 104-193, Sec. 301(a)(2)(D)(i), (E),

realigned margins.

Pub. L. 104-193, Sec. 301(a)(2)(D)(ii), which directed

substitution of a semicolon for the final comma, could not be

executed because subpar. (E) already ended in a semicolon and not a

comma.

Par. (7). Pub. L. 104-193, Sec. 375(c), inserted "and Indian

tribes or tribal organizations (as defined in subsections (e) and

(l) of section 450b of title 25)" after "law enforcement

officials".

Par. (8). Pub. L. 104-193, Sec. 395(d)(1)(D), substituted

"noncustodial" for "absent" in introductory provisions.

Par. (8)(B). Pub. L. 104-193, Sec. 316(g)(1)(A), amended subpar.

(B) generally. Prior to amendment, subpar. (B) read as follows:

"the Parent Locator Service in the Department of Health and Human

Services;".

Par. (9)(B), (C). Pub. L. 104-193, Sec. 395(d)(2)(B), substituted

"a noncustodial parent" for "an absent parent".

Par. (9)(E). Pub. L. 104-193, Sec. 324(b), added subpar. (E).

Par. (11). Pub. L. 104-193, Sec. 302(b)(2), designated existing

provisions as subpar. (A), inserted "and" after semicolon at end,

and redesignated par. (12) as subpar. (B).

Par. (12). Pub. L. 104-193, Sec. 304(a), added par. (12). Former

par. (12) redesignated (11)(B).

Pub. L. 104-193, Sec. 302(b)(2)(B), redesignated par. (12) as

(11)(B).

Par. (13). Pub. L. 104-193, Secs. 316(g)(1)(B), 395(d)(1)(D),

substituted "noncustodial parents" for "absent parents" and

inserted before semicolon at end "and provide that information

requests by parents who are residents of other States be treated

with the same priority as requests by parents who are residents of

the State submitting the plan".

Par. (14). Pub. L. 104-193, Sec. 342(a)(1), (2), designated

existing provisions as subpar. (A) and redesignated par. (15) as

subpar. (B).

Par. (15). Pub. L. 104-193, Sec. 342(a)(3), added par. (15).

Former par. (15) redesignated (14)(B).

Pub. L. 104-193, Sec. 342(a)(2), redesignated par. (15) as

(14)(B).

Par. (16). Pub. L. 104-193, Sec. 344(a)(1), as amended by Pub. L.

105-33, Sec. 5556(b), struck out ", at the option of the State,"

before "for the establishment", inserted "and operation by the

State agency" after "for the establishment" and "meeting the

requirements of section 654a of this title" after "information

retrieval system", substituted "so as to control" for "in the State

and localities thereof, so as (A) to control", struck out "(i)"

before "all the factors in the support enforcement collection", and

struck out before semicolon at end "(including, but not limited to,

(I) identifiable correlation factors (such as social security

numbers, names, dates of birth, home addresses and mailing

addresses (including postal ZIP codes) of any individual with

respect to whom support obligations are sought to be established or

enforced and with respect to any person to whom such support

obligations are owing) to assure sufficient compatibility among the

systems of different jurisdictions to permit periodic screening to

determine whether such individual is paying or is obligated to pay

support in more than one jurisdiction, (II) checking of records of

such individuals on a periodic basis with Federal, intra- and

inter-State, and local agencies, (III) maintaining the data

necessary to meet the Federal reporting requirements on a timely

basis, and (IV) delinquency and enforcement activities), (ii) the

collection and distribution of support payments (both intra- and

inter-State), the determination, collection, and distribution of

incentive payments both inter- and intra-State, and the maintenance

of accounts receivable on all amounts owed, collected and

distributed, and (iii) the costs of all services rendered, either

directly or by interfacing with State financial management and

expenditure information, (B) to provide interface with records of

the State's aid to families with dependent children program in

order to determine if a collection of a support payment causes a

change affecting eligibility for or the amount of aid under such

program, (C) to provide for security against unauthorized access

to, or use of, the data in such system, (D) to facilitate the

development and improvement of the income withholding and other

procedures required under section 666(a) of this title through the

monitoring of support payments, the maintenance of accurate records

regarding the payment of support, and the prompt provision of

notice to appropriate officials with respect to any arrearages in

support payments which may occur, and (E) to provide management

information on all cases under the State plan from initial referral

or application through collection and enforcement".

Par. (21)(A). Pub. L. 104-193, Sec. 395(d)(1)(D), substituted

"noncustodial parent" for "absent parent".

Par. (23). Pub. L. 104-193, Sec. 332, inserted "and will

publicize the availability and encourage the use of procedures for

voluntary establishment of paternity and child support by means the

State deems appropriate" before semicolon.

Par. (24). Pub. L. 104-193, Sec. 344(a)(4), amended par. (24)

generally. Prior to amendment, par. (24) read as follows: "provide

that if the State, as of October 13, 1988, does not have in effect

an automated data processing and information retrieval system

meeting all of the requirements of paragraph (16), the State -

"(A) will submit to the Secretary by October 1, 1991, for

review and approval by the Secretary within 9 months after

submittal an advance automated data processing planning document

of the type referred to in such paragraph; and

"(B) will have in effect by October 1, 1997, an operational

automated data processing and information retrieval system,

meeting all the requirements of that paragraph, which has been

approved by the Secretary;".

Par. (25). Pub. L. 104-193, Sec. 301(b), added par. (25).

Par. (26). Pub. L. 104-193, Sec. 303(a), added par. (26).

Par. (27). Pub. L. 104-193, Sec. 312(a), added par. (27).

Par. (28). Pub. L. 104-193, Sec. 313(a), added par. (28).

Par. (29). Pub. L. 104-193, Sec. 333, added par. (29).

Par. (30). Pub. L. 104-193, Sec. 343(b), added par. (30).

Par. (31). Pub. L. 104-193, Sec. 370(a)(2), added par. (31).

Par. (32). Pub. L. 104-193, Sec. 371(b), added par. (32).

Par. (33). Pub. L. 104-193, Sec. 375(a)(1)-(3), added par. (33).

1995 - Par. (24)(B). Pub. L. 104-35 substituted "1997" for

"1995".

1988 - Par. (5)(A). Pub. L. 100-485, Sec. 104(a), substituted "on

a monthly basis (or on a quarterly basis for so long as the

Secretary determines with respect to a State that requiring such

notice on a monthly basis would impose an unreasonable

administrative burden)" for "at least annually".

Par. (6)(D), (E). Pub. L. 100-485, Sec. 111(c), added cl. (D) and

redesignated former cl. (D) as (E).

Par. (16). Pub. L. 100-485, Sec. 123(d), substituted "advance

automated" for "advance automatic" in introductory provisions.

Pub. L. 100-485, Sec. 123(a)(2), substituted "a statewide

automated" for "an automatic".

Par. (24). Pub. L. 100-485, Sec. 123(a)(1), added par. (24).

1987 - Par. (4)(A). Pub. L. 100-203, Sec. 9142(a)(1)(A), (B),

substituted "an assignment under section 602(a)(26) of this title

or section 1396k of this title" for "an assignment under section

602(a)(26) of this title" and ", or, in the case of such a child

with respect to whom an assignment under section 1396k of this

title is in effect, the State agency administering the plan

approved under subchapter XIX of this chapter determines pursuant

to section 1396k(a)(1)(B) of this title that it is against the best

interests of the child to do so, and" for ", and".

Par. (4)(B). Pub. L. 100-203, Sec. 9142(a)(1)(C), inserted "or

medical assistance under a State plan approved under subchapter XIX

of this chapter" after "children".

Par. (5). Pub. L. 100-203, Sec. 9142(a)(2), substituted "provide

that (A)" for "provide that," and added cl. (B).

Pub. L. 100-203, Sec. 9141(a)(2), struck out "(except as provided

in section 657(c) of this title)" after "apply to such payments".

1984 - Par. (4)(B). Pub. L. 98-378, Sec. 11(b)(1), inserted

"including an assignment with respect to a child on whose behalf a

State agency is making foster care maintenance payments under part

E of this subchapter," after "such assignment is effective," and

inserted "or E" after "part A".

Par. (4)(B). Pub. L. 98-378, Sec. 12(a), substituted ", and" for

"and, at the option of the State," before "from such parent" and

inserted ", and only if the support obligation established with

respect to the child is being enforced under the plan".

Par. (5). Pub. L. 98-378, Sec. 3(e), inserted ", and the

individual will be notified at least annually of the amount of the

support payments collected;".

Par. (6)(A). Pub. L. 98-378, Sec. 12(b), struck out ", at the

option of the State," before "support collection services" and

inserted ", and only if the support obligation established with

respect to the child is being enforced under the plan".

Par. (6)(B). Pub. L. 98-378, Sec. 3(c), substituted "shall be

imposed, which shall be paid by the individual applying for such

services, or recovered from the absent parent, or paid by the State

out of its own funds (the payment of which from State funds shall

not be considered as an administrative cost of the State for the

operation of the plan, and shall be considered income to the

program), the amount of which (i) will not exceed $25 (or such

higher or lower amount (which shall be uniform for all States) as

the Secretary may determine to be appropriate for any fiscal year

to reflect increases or decreases in administrative costs), and

(ii) may vary among such individuals on the basis of ability to pay

(as determined by the State), and" for "may be imposed, except that

the amount of any such application fee shall be reasonable, as

determined under regulations of the Secretary,".

Par. (6)(C). Pub. L. 98-378, Sec. 21(d)(1), (3), added cl. (C).

Former cl. (C) redesignated (D).

Par. (6)(D). Pub. L. 98-378, Sec. 21(d)(1), (2), redesignated

former cl. (C) as (D) and substituted "fees" for "fee" before "so

imposed".

Par. (8)(B). Pub. L. 98-369, Sec. 2663(j)(2)(B)(x), substituted

"Health and Human Services" for "Health, Education, and Welfare".

Par. (9)(C). Pub. L. 98-369, Sec. 2663(c)(14)(A), struck out "of

such parent" before "with respect to whom aid".

Par. (16)(A)(ii). Pub. L. 98-369, Sec. 2663(c)(14)(B),

substituted "collection, and distribution" for "collection and

distribution," before "of incentive payments".

Par. (16)(D), (E). Pub. L. 98-378, Sec. 6(a), added cl. (D) and

redesignated former cl. (D) as (E).

Par. (17). Pub. L. 98-378, Sec. 2663(c)(14)(C), realigned margin,

substituted "provide that the State will accept" for "to accept",

"will impose" for "and to impose", "will transmit" for "to

transmit", and "will otherwise comply" for ", otherwise to comply".

Par. (20). Pub. L. 98-378, Sec. 3(a), added par. (20).

Par. (21). Pub. L. 98-378, Sec. 3(d), added par. (21).

Par. (22). Pub. L. 98-378, Sec. 5(b), added par. (22).

Par. (23). Pub. L. 98-378, Sec. 14(a), added par. (23).

Pub. L. 98-378, Sec. 3(f), inserted after numbered paragraphs

provision that the State may allow the jurisdiction which makes the

collection involved to retain any application fee under par. (6)(B)

or any late payment fee under par. (21).

1982 - Par. (5). Pub. L. 97-248, Sec. 173(a), inserted "following

the first month" after "for any month".

Par. (6). Pub. L. 97-248, Sec. 171(a), in cl. (A) inserted

provisions relating to inclusion of, at the option of the State,

support collection services for the spouse or former spouse, in cl.

(B) substituted "such services" for "services under the State plan

(other than collection of support)", and in cl. (C) substituted

provisions relating to collection of any costs in excess of the fee

imposed, for provisions relating to the State retaining any fee

imposed under State law as required under former par. (19).

Pars. (18) to (20). Pub. L. 97-248, Sec. 171(b)(1), inserted

"and" at end of par. (18), struck out par. (19) relating to

imposition of a fee on an individual who owes child or spousal

support obligation, and redesignated par. (20) as (19).

1981 - Pub. L. 97-35, Sec. 2332(d)(2), substituted in provision

preceding par. (1) "child and spousal support" for "child support".

Par. (4)(B). Pub. L. 97-35, Sec. 2332(d)(3), substituted "such

support) and, at the option of the State, from such parent for his

spouse (or former spouse) receiving aid to families with dependent

children (but only if a support obligation has been established

with respect to such spouse), utilizing" for "such support),

utilizing".

Par. (5). Pub. L. 97-35, Sec. 2332(d)(4), substituted "support

payments" for "child support payments" and "collected for an

individual" for "collected for a child".

Par. (6)(B). Pub. L. 97-35, Sec. 2333(a)(1), substituted

"services under the State plan (other than collection of support)"

for "such services".

Par. (6)(C). Pub. L. 97-35, Sec. 2333(a)(2), substituted "the

State will retain, but only if it is the State which makes the

collection, the fee imposed under State law as required under

paragraph (19)" for "any costs in excess of the fee so imposed may

be collected from such individual by deducting such costs from the

amount of any recovery made".

Par. (9)(C). Pub. L. 97-35, Sec. 2332(d)(5), substituted "of the

child or children or the parent of such child or children" for "of

a child or children".

Par. (11). Pub. L. 97-35, Sec. 2332(d)(6), substituted "collected

as support" for "collected as child support".

Par. (16). Pub. L. 97-35, Sec. 2332(d)(7), substituted "support

enforcement" for "child support enforcement", "whom support

obligations" for "whom child support obligations", and "obligated

to pay support" for "obligated to pay child support".

Par. (18). Pub. L. 97-35, Sec. 2331(b), added par. (18).

Par. (19). Pub. L. 97-35, Sec. 2333(b), added par. (19).

Par. (20). Pub. L. 97-35, Sec. 2335(a), added par. (20).

1980 - Par. (16). Pub. L. 96-265 added par. (16).

Par. (17). Pub. L. 96-611 added par. (17).

1977 - Pars. (14), (15). Pub. L. 95-30 added pars. (14) and (15).

1975 - Par. (4)(A). Pub. L. 94-88, Sec. 208(b), substituted "to

establish the paternity of such child, unless the agency

administering the plan of the State under part A of this subchapter

determines in accordance with the standards prescribed by the

Secretary pursuant to section 602(a)(26)(B) of this title that it

is against the best interests of the child to do so" for "to

establish the paternity of such child".

Par. (4)(B). Pub. L. 94-88, Sec. 208(c), substituted "reciprocal

arrangements adopted with other States (unless the agency

administering the plan of the State under part A of this subchapter

determines in accordance with the standards prescribed by the

Secretary pursuant to section 602(a)(26)(B) of this title that it

is against the best interests of the child to do so)" for

"reciprocal arrangements adopted with other States".

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-169 effective as if included in the

enactment of the Personal Responsibility and Work Opportunity

Reconciliation Act of 1996, Pub. L. 104-193, see section 401(q) of

Pub. L. 106-169, set out as a note under section 602 of this title.

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-33 effective as if included in the

enactment of title III of the Personal Responsibility and Work

Opportunity Reconciliation Act of 1996, Pub. L. 104-193, see

section 5557 of Pub. L. 105-33, set out as a note under section 608

of this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by section 108(c)(11), (12) of Pub. L. 104-193

effective July 1, 1997, with transition rules relating to State

options to accelerate such date, rules relating to claims, actions,

and proceedings commenced before such date, rules relating to

closing out of accounts for terminated or substantially modified

programs and continuance in office of Assistant Secretary for

Family Support, and provisions relating to termination of

entitlement under AFDC program, see section 116 of Pub. L. 104-193,

as amended, set out as an Effective Date note under section 601 of

this title.

Amendment by section 302(b)(2) of Pub. L. 104-193 effective Aug.

22, 1996, see section 302(c)(2) of Pub. L. 104-193, set out as a

note under section 657 of this title.

Section 303(b) of Pub. L. 104-193 provided that: "The amendment

made by subsection (a) [amending this section] shall become

effective on October 1, 1997."

Section 304(b) of Pub. L. 104-193 provided that: "The amendment

made by subsection (a) [amending this section] shall become

effective on October 1, 1997."

Amendment by section 312(a) of Pub. L. 104-193 effective Oct. 1,

1998, with limited exception for States which, as of Aug. 22, 1996,

were processing the receipt of child support payments through local

courts, see section 312(d) of Pub. L. 104-193, set out as an

Effective Date note under section 654b of this title.

Amendment by section 342(a) of Pub. L. 104-193 effective with

respect to calendar quarters beginning 12 months or more after Aug.

22, 1996, see section 342(c) of Pub. L. 104-193, set out as a note

under section 652 of this title.

Amendment by section 370(a)(2) of Pub. L. 104-193 effective Oct.

1, 1997, see section 370(b) of Pub. L. 104-193, set out as a note

under section 652 of this title.

Section 395(a)-(c) of title III of Pub. L. 104-193 provided that:

"(a) In General. - Except as otherwise specifically provided (but

subject to subsections (b) and (c)) -

"(1) the provisions of this title [see Tables for

classification] requiring the enactment or amendment of State

laws under section 466 of the Social Security Act [section 666 of

this title], or revision of State plans under section 454 of such

Act [this section], shall be effective with respect to periods

beginning on and after October 1, 1996; and

"(2) all other provisions of this title shall become effective

upon the date of the enactment of this Act [Aug. 22, 1996].

"(b) Grace Period for State Law Changes. - The provisions of this

title shall become effective with respect to a State on the later

of -

"(1) the date specified in this title, or

"(2) the effective date of laws enacted by the legislature of

such State implementing such provisions,

but in no event later than the 1st day of the 1st calendar quarter

beginning after the close of the 1st regular session of the State

legislature that begins after the date of the enactment of this Act

[Aug. 22, 1996]. For purposes of the previous sentence, in the case

of a State that has a 2-year legislative session, each year of such

session shall be deemed to be a separate regular session of the

State legislature.

"(c) Grace Period for State Constitutional Amendment. - A State

shall not be found out of compliance with any requirement enacted

by this title if the State is unable to so comply without amending

the State constitution until the earlier of -

"(1) 1 year after the effective date of the necessary State

constitutional amendment; or

"(2) 5 years after the date of the enactment of this Act [Aug.

22, 1996]."

EFFECTIVE DATE OF 1988 AMENDMENT

Section 104(b) of Pub. L. 100-485 provided that: "The amendment

made by subsection (a) [amending this section] shall become

effective on the first day of the first calendar quarter which

begins 4 or more years after the date of the enactment of this Act

[Oct. 13, 1988]."

Section 111(f)(2) of Pub. L. 100-485 provided that: "The

amendments made by subsections (b) and (c) [amending this section

and section 666 of this title] shall become effective on the first

day of the first month beginning one year or more after the date of

the enactment of this Act [Oct. 13, 1988]."

EFFECTIVE DATE OF 1987 AMENDMENT

Section 9141(b) of Pub. L. 100-203 provided that: "The amendments

made by subsection (a) [amending this section and section 657 of

this title] shall become effective upon enactment [Dec. 22, 1987]."

Section 9142(b) of Pub. L. 100-203 provided that: "The amendments

made by subsection (a) [amending this section] shall become

effective on July 1, 1988."

EFFECTIVE DATE OF 1984 AMENDMENTS

Section 3(g) of Pub. L. 98-378 provided that:

"(1) Except as provided in paragraphs (2) and (3), the amendments

made by this section [enacting section 666 of this title and

amending this section] shall become effective on October 1, 1985.

"(2) Section 454(21) of the Social Security Act [par. 21 of this

section] (as added by subsection (d) of this section), and section

466(e) of such Act [section 666(e) of this title] (as added by

subsection (b) of this section), shall be effective with respect to

support owed for any month beginning after the date of the

enactment of this Act [Aug. 16, 1984].

"(3) In the case of a State with respect to which the Secretary

of Health and Human Services has determined that State legislation

is required in order to conform the State plan approved under part

D of title IV of the Social Security Act [this part] to the

requirements imposed by any amendment made by this section, the

State plan shall not be regarded as failing to comply with the

requirements of such part solely by reason of its failure to meet

the requirements imposed by such amendment prior to the beginning

of the fourth month beginning after the end of the first session of

the State legislature which ends on or after October 1, 1985. For

purposes of the preceding sentence, the term 'session' means a

regular, special, budget, or other session of a State legislature."

Section 5(c)(1) of Pub. L. 98-378 provided that: "The amendments

made by the preceding provisions of this section [amending this

section and section 658 of this title] shall become effective on

October 1, 1985."

Section 6(c) of Pub. L. 98-378 provided that: "The amendments

made by this section [amending this section and section 655 of this

title] shall apply with respect to quarters beginning on or after

October 1, 1984."

Section 11(e) of Pub. L. 98-378 provided that: "The amendments

made by this section [amending this section and sections 656, 657,

664, and 671 of this title] shall become effective October 1, 1984,

and shall apply to collections made on or after that date."

Section 12(c) of Pub. L. 98-378 provided that: "The amendments

made by this section [amending this section] shall become effective

October 1, 1985."

Section 14(b) of Pub. L. 98-378 provided that: "The amendments

made by subsection (a) [amending this section] shall become

effective October 1, 1985."

Amendment by section 21(d) of Pub. L. 98-378 applicable with

respect to refunds payable under section 6402 of Title 26, Internal

Revenue Code, after Dec. 31, 1985, see section 21(g) of Pub. L.

98-378, set out as a note under section 6103 of Title 26.

Amendment by Pub. L. 98-369 effective July 18, 1984, but not to

be construed as changing or affecting any right, liability, status,

or interpretation which existed (under the provisions of law

involved) before that date, see section 2664(b) of Pub. L. 98-369,

set out as a note under section 401 of this title.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by section 171(a), (b)(1) of Pub. L. 97-248 effective

on and after Aug. 13, 1981, see section 171(c) of Pub. L. 97-248,

set out as a note under section 503 of this title.

Section 173(b) of Pub. L. 97-248 provided that: "The amendment

made by this section [amending this section] shall become effective

on October 1, 1982."

EFFECTIVE DATE OF 1981 AMENDMENT

Amendments by sections 2331(b), 2332(d)(2)-(7), and 2333(a), (b)

of Pub. L. 97-35 effective Oct. 1, 1981, except as otherwise

specifically provided, see section 2336 of Pub. L. 97-35, set out

as a note under section 651 of this title.

Amendment by section 2335(a) of Pub. L. 97-35 effective Aug. 13,

1981, except that such amendment shall not be requirements under

this section or section 503 of this title before Oct. 1, 1982, see

section 2335(c) of Pub. L. 97-35, set out as a note under section

503 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-265 effective July 1, 1981, and to be

effective only with respect to expenditures, referred to in section

655(a)(3) of this title, made on or after such date, see section

405(e) of Pub. L. 96-265, set out as a note under section 652 of

this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Section 502(b) of Pub. L. 95-30 provided that: "The amendments

made by this section [amending this section] shall take effect on

the first day of the first calendar month which begins after the

date of enactment of this Act [May 23, 1977]."

EFFECTIVE DATE OF 1975 AMENDMENT

Section 210 of title II of Pub. L. 94-88 provided that: "The

amendments made by this title [amending this section and sections

602, 603, and 655 of this title and enacting provisions set out as

notes under sections 602 and 655 of this title] shall, unless

otherwise specified therein, become effective August 1, 1975."

STATE COMMISSIONS ON CHILD SUPPORT

Section 15 of Pub. L. 98-378 provided that:

"(a) As a condition of the State's eligibility for Federal

payments under part A or D of title IV of the Social Security Act

[part A of this subchapter or this part] for quarters beginning

more than 30 days after the date of the enactment of this Act [Aug.

16, 1984] and ending prior to October 1, 1985, the Governor of each

State, on or before December 1, 1984, shall (subject to subsection

(f)) appoint a State Commission on Child Support.

"(b) Each State Commission appointed under subsection (a) shall

be composed of members appropriately representing all aspects of

the child support system, including custodial and non-custodial

parents, the agency or organizational unit administering the

State's plan under part D of such title IV [this part], the State

judiciary, the executive and legislative branches of the State

government, child welfare and social services agencies, and others.

"(c) It shall be the function of each State Commission to

examine, investigate, and study the operation of the State's child

support system for the primary purpose of determining the extent to

which such system has been successful in securing support and

parental involvement both for children who are eligible for aid

under a State plan approved under part A of title IV of such Act

[part A of this subchapter] and for children who are not eligible

for such aid, giving particular attention to such specific problems

(among others) as visitation, the establishment of appropriate

objective standards for support, the enforcement of interstate

obligations, the availability, cost, and effectiveness of services

both to children who are eligible for such aid and to children who

are not, and the need for additional State or Federal legislation

to obtain support for all children.

"(d) Each State Commission shall submit to the Governor of the

State and make available to the public, no later than October 1,

1985, a full and complete report of its findings and

recommendations resulting from the examination, investigation, and

study under this section. The Governor shall transmit such report

to the Secretary of Health and Human Services along with the

Governor's comments thereon.

"(e) None of the costs incurred in the establishment and

operation of a State Commission under this section, or incurred by

such a Commission in carrying out its functions under subsections

(c) and (d), shall be considered as expenditures qualifying for

Federal payments under part A or D of title IV of the Social

Security Act [part A of this subchapter or this part] or be

otherwise payable or reimbursable by the United States or any

agency thereof.

"(f) If the Secretary determines, at the request of any State on

the basis of information submitted by the State and such other

information as may be available to the Secretary, that such State -

"(1) has placed in effect and is implementing objective

standards for the determination and enforcement of child support

obligations,

"(2) has established within the five years prior to the

enactment of this Act [Aug. 16, 1984] a commission or council

with substantially the same functions as the State Commissions

provided for under this section, or

"(3) is making satisfactory progress toward fully effective

child support enforcement and will continue to do so,

then such State shall not be required to establish a State

Commission under this section and the preceding provisions of this

section shall not apply."

DELAYED EFFECTIVE DATE IN CASES REQUIRING STATE LEGISLATION

Section 176 of Pub. L. 97-248 provided that: "In the case of a

State with respect to which the Secretary of Health and Human

Services has determined that State legislation is required in order

to conform the State plan approved under part D of title IV of the

Social Security Act [this part] to the requirements imposed by any

amendment made by this subtitle [subtitle E (Secs. 171-176) of

title I of Pub. L. 97-248, see Tables for classification], the

State plan shall not be regarded as failing to comply with the

requirements of such part solely by reason of its failure to meet

the requirements imposed by such amendment prior to the end of the

first session of the State legislature which begins after October

1, 1982, or which began prior to October 1, 1982, and remained in

session for at least twenty-five calendar days after such date. For

purposes of the preceding sentence, the term 'session' means a

regular, special, budget, or other session of a State legislature."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 503, 608, 609, 652, 653,

654b, 655, 657, 658a, 663, 664, 666, 1315, 1396k of this title;

title 26 section 6103.

-End-

-CITE-

42 USC Sec. 654a 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 654a. Automated data processing

-STATUTE-

(a) In general

In order for a State to meet the requirements of this section,

the State agency administering the State program under this part

shall have in operation a single statewide automated data

processing and information retrieval system which has the

capability to perform the tasks specified in this section with the

frequency and in the manner required by or under this part.

(b) Program management

The automated system required by this section shall perform such

functions as the Secretary may specify relating to management of

the State program under this part, including -

(1) controlling and accounting for use of Federal, State, and

local funds in carrying out the program; and

(2) maintaining the data necessary to meet Federal reporting

requirements under this part on a timely basis.

(c) Calculation of performance indicators

In order to enable the Secretary to determine the incentive

payments and penalty adjustments required by sections 652(g) and

658a of this title, the State agency shall -

(1) use the automated system -

(A) to maintain the requisite data on State performance with

respect to paternity establishment and child support

enforcement in the State; and

(B) to calculate the paternity establishment percentage for

the State for each fiscal year; and

(2) have in place systems controls to ensure the completeness

and reliability of, and ready access to, the data described in

paragraph (1)(A), and the accuracy of the calculations described

in paragraph (1)(B).

(d) Information integrity and security

The State agency shall have in effect safeguards on the

integrity, accuracy, and completeness of, access to, and use of

data in the automated system required by this section, which shall

include the following (in addition to such other safeguards as the

Secretary may specify in regulations):

(1) Policies restricting access

Written policies concerning access to data by State agency

personnel, and sharing of data with other persons, which -

(A) permit access to and use of data only to the extent

necessary to carry out the State program under this part; and

(B) specify the data which may be used for particular program

purposes, and the personnel permitted access to such data.

(2) Systems controls

Systems controls (such as passwords or blocking of fields) to

ensure strict adherence to the policies described in paragraph

(1).

(3) Monitoring of access

Routine monitoring of access to and use of the automated

system, through methods such as audit trails and feedback

mechanisms, to guard against and promptly identify unauthorized

access or use.

(4) Training and information

Procedures to ensure that all personnel (including State and

local agency staff and contractors) who may have access to or be

required to use confidential program data are informed of

applicable requirements and penalties (including those in section

6103 of the Internal Revenue Code of 1986), and are adequately

trained in security procedures.

(5) Penalties

Administrative penalties (up to and including dismissal from

employment) for unauthorized access to, or disclosure or use of,

confidential data.

(e) State case registry

(1) Contents

The automated system required by this section shall include a

registry (which shall be known as the "State case registry") that

contains records with respect to -

(A) each case in which services are being provided by the

State agency under the State plan approved under this part; and

(B) each support order established or modified in the State

on or after October 1, 1998.

(2) Linking of local registries

The State case registry may be established by linking local

case registries of support orders through an automated

information network, subject to this section.

(3) Use of standardized data elements

Such records shall use standardized data elements for both

parents (such as names, social security numbers and other uniform

identification numbers, dates of birth, and case identification

numbers), and contain such other information (such as on case

status) as the Secretary may require.

(4) Payment records

Each case record in the State case registry with respect to

which services are being provided under the State plan approved

under this part and with respect to which a support order has

been established shall include a record of -

(A) the amount of monthly (or other periodic) support owed

under the order, and other amounts (including arrearages,

interest or late payment penalties, and fees) due or overdue

under the order;

(B) any amount described in subparagraph (A) that has been

collected;

(C) the distribution of such collected amounts;

(D) the birth date and, beginning not later than October 1,

1999, the social security number, of any child for whom the

order requires the provision of support; and

(E) the amount of any lien imposed with respect to the order

pursuant to section 666(a)(4) of this title.

(5) Updating and monitoring

The State agency operating the automated system required by

this section shall promptly establish and update, maintain, and

regularly monitor, case records in the State case registry with

respect to which services are being provided under the State plan

approved under this part, on the basis of -

(A) information on administrative actions and administrative

and judicial proceedings and orders relating to paternity and

support;

(B) information obtained from comparison with Federal, State,

or local sources of information;

(C) information on support collections and distributions; and

(D) any other relevant information.

(f) Information comparisons and other disclosures of information

The State shall use the automated system required by this section

to extract information from (at such times, and in such

standardized format or formats, as may be required by the

Secretary), to share and compare information with, and to receive

information from, other data bases and information comparison

services, in order to obtain (or provide) information necessary to

enable the State agency (or the Secretary or other State or Federal

agencies) to carry out this part, subject to section 6103 of the

Internal Revenue Code of 1986. Such information comparison

activities shall include the following:

(1) Federal Case Registry of Child Support Orders

Furnishing to the Federal Case Registry of Child Support Orders

established under section 653(h) of this title (and update as

necessary, with information including notice of expiration of

orders) the minimum amount of information on child support cases

recorded in the State case registry that is necessary to operate

the registry (as specified by the Secretary in regulations).

(2) Federal Parent Locator Service

Exchanging information with the Federal Parent Locator Service

for the purposes specified in section 653 of this title.

(3) Temporary family assistance and medicaid agencies

Exchanging information with State agencies (of the State and of

other States) administering programs funded under part A of this

subchapter, programs operated under a State plan approved under

subchapter XIX of this chapter, and other programs designated by

the Secretary, as necessary to perform State agency

responsibilities under this part and under such programs.

(4) Intrastate and interstate information comparisons

Exchanging information with other agencies of the State,

agencies of other States, and interstate information networks, as

necessary and appropriate to carry out (or assist other States to

carry out) the purposes of this part.

(5) Private industry councils receiving welfare-to-work grants

Disclosing to a private industry council (as defined in section

603(a)(5)(D)(ii) of this title) to which funds are provided under

section 603(a)(5) of this title the names, addresses, telephone

numbers, and identifying case number information in the State

program funded under part A of this subchapter, of noncustodial

parents residing in the service delivery area of the private

industry council, for the purpose of identifying and contacting

noncustodial parents regarding participation in the program under

section 603(a)(5) of this title.

(g) Collection and distribution of support payments

(1) In general

The State shall use the automated system required by this

section, to the maximum extent feasible, to assist and facilitate

the collection and disbursement of support payments through the

State disbursement unit operated under section 654b of this

title, through the performance of functions, including, at a

minimum -

(A) transmission of orders and notices to employers (and

other debtors) for the withholding of income -

(i) within 2 business days after receipt of notice of, and

the income source subject to, such withholding from a court,

another State, an employer, the Federal Parent Locator

Service, or another source recognized by the State; and

(ii) using uniform formats prescribed by the Secretary;

(B) ongoing monitoring to promptly identify failures to make

timely payment of support; and

(C) automatic use of enforcement procedures (including

procedures authorized pursuant to section 666(c) of this title)

if payments are not timely made.

(2) "Business day" defined

As used in paragraph (1), the term "business day" means a day

on which State offices are open for regular business.

(h) Expedited administrative procedures

The automated system required by this section shall be used, to

the maximum extent feasible, to implement the expedited

administrative procedures required by section 666(c) of this title.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 454A, as added and amended

Pub. L. 104-193, title III, Secs. 311, 312(c), 325(b), 344(a)(2),

Aug. 22, 1996, 110 Stat. 2205, 2208, 2226, 2235; Pub. L. 105-34,

title X, Sec. 1090(a)(1), Aug. 5, 1997, 111 Stat. 961; Pub. L.

106-113, div. B, Sec. 1000(a)(4) [title VIII, Sec. 805(a)(1)], Nov.

29, 1999, 113 Stat. 1535, 1501A-285.)

-REFTEXT-

REFERENCES IN TEXT

The Internal Revenue Code of 1986, referred to in subsecs. (d)(4)

and (f), is classified generally to Title 26, Internal Revenue

Code.

Part A of this subchapter, referred to in subsec. (f)(3), (5), is

classified to section 601 et seq. of this title.

-MISC1-

AMENDMENTS

1999 - Subsec. (f)(5). Pub. L. 106-113 added par. (5).

1997 - Subsec. (e)(4)(D). Pub. L. 105-34 substituted "the birth

date and, beginning not later than October 1, 1999, the social

security number, of any child" for "the birth date of any child".

1996 - Subsecs. (e), (f). Pub. L. 104-193, Sec. 311, added

subsecs. (e) and (f).

Subsec. (g). Pub. L. 104-193, Sec. 312(c), added subsec. (g).

Subsec. (h). Pub. L. 104-193, Sec. 325(b), added subsec. (h).

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-34 effective Oct. 1, 1998, see section

1090(a)(4) of Pub. L. 105-34, set out as a note under section 653

of this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by section 312(c) of Pub. L. 104-193 effective Oct. 1,

1998, with limited exception for States which, as of Aug. 22, 1996,

were processing the receipt of child support payments through local

courts, see section 312(d) of Pub. L. 104-193, set out as an

Effective Date note under section 654b of this title.

EFFECTIVE DATE

For provisions relating to effective date of title III of Pub. L.

104-193, 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.

REGULATIONS

Section 344(a)(3) of Pub. L. 104-193 provided that: "The

Secretary of Health and Human Services shall prescribe final

regulations for implementation of section 454A of the Social

Security Act [this section] not later than 2 years after the date

of the enactment of this Act [Aug. 22, 1996]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 603, 652, 653, 654, 654b,

655 of this title.

-End-

-CITE-

42 USC Sec. 654b 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 654b. Collection and disbursement of support payments

-STATUTE-

(a) State disbursement unit

(1) In general

In order for a State to meet the requirements of this section,

the State agency must establish and operate a unit (which shall

be known as the "State disbursement unit") for the collection and

disbursement of payments under support orders -

(A) in all cases being enforced by the State pursuant to

section 654(4) of this title; and

(B) in all cases not being enforced by the State under this

part in which the support order is initially issued in the

State on or after January 1, 1994, and in which the income of

the noncustodial parent is subject to withholding pursuant to

section 666(a)(8)(B) of this title.

(2) Operation

The State disbursement unit shall be operated -

(A) directly by the State agency (or 2 or more State agencies

under a regional cooperative agreement), or (to the extent

appropriate) by a contractor responsible directly to the State

agency; and

(B) except in cases described in paragraph (1)(B), in

coordination with the automated system established by the State

pursuant to section 654a of this title.

(3) Linking of local disbursement units

The State disbursement unit may be established by linking local

disbursement units through an automated information network,

subject to this section, if the Secretary agrees that the system

will not cost more nor take more time to establish or operate

than a centralized system. In addition, employers shall be given

1 location to which income withholding is sent.

(b) Required procedures

The State disbursement unit shall use automated procedures,

electronic processes, and computer-driven technology to the maximum

extent feasible, efficient, and economical, for the collection and

disbursement of support payments, including procedures -

(1) for receipt of payments from parents, employers, and other

States, and for disbursements to custodial parents and other

obligees, the State agency, and the agencies of other States;

(2) for accurate identification of payments;

(3) to ensure prompt disbursement of the custodial parent's

share of any payment; and

(4) to furnish to any parent, upon request, timely information

on the current status of support payments under an order

requiring payments to be made by or to the parent, except that in

cases described in subsection (a)(1)(B) of this section, the

State disbursement unit shall not be required to convert and

maintain in automated form records of payments kept pursuant to

section 666(a)(8)(B)(iii) of this title before the effective date

of this section.

(c) Timing of disbursements

(1) In general

Except as provided in paragraph (2), the State disbursement

unit shall distribute all amounts payable under section 657(a) of

this title within 2 business days after receipt from the employer

or other source of periodic income, if sufficient information

identifying the payee is provided. The date of collection for

amounts collected and distributed under this part is the date of

receipt by the State disbursement unit, except that if current

support is withheld by an employer in the month when due and is

received by the State disbursement unit in a month other than the

month when due, the date of withholding may be deemed to be the

date of collection.

(2) Permissive retention of arrearages

The State disbursement unit may delay the distribution of

collections toward arrearages until the resolution of any timely

appeal with respect to such arrearages.

(d) "Business day" defined

As used in this section, the term "business day" means a day on

which State offices are open for regular business.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 454B, as added Pub. L.

104-193, title III, Sec. 312(b), Aug. 22, 1996, 110 Stat. 2207;

amended Pub. L. 105-33, title V, Sec. 5549, Aug. 5, 1997, 111 Stat.

633.)

-REFTEXT-

REFERENCES IN TEXT

For effective date of this section, referred to in subsec.

(b)(4), see Effective Date note below.

-MISC1-

AMENDMENTS

1997 - Subsec. (c)(1). Pub. L. 105-33 inserted at end "The date

of collection for amounts collected and distributed under this part

is the date of receipt by the State disbursement unit, except that

if current support is withheld by an employer in the month when due

and is received by the State disbursement unit in a month other

than the month when due, the date of withholding may be deemed to

be the date of collection."

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-33 effective as if included in the

enactment of title III of the Personal Responsibility and Work

Opportunity Reconciliation Act of 1996, Pub. L. 104-193, see

section 5557 of Pub. L. 105-33, set out as a note under section 608

of this title.

EFFECTIVE DATE

Section 312(d) of Pub. L. 104-193 provided that:

"(1) In general. - Except as provided in paragraph (2), the

amendments made by this section [enacting this section and amending

sections 654 and 654a of this title] shall become effective on

October 1, 1998.

"(2) Limited exception to unit handling payments. -

Notwithstanding section 454B(b)(1) of the Social Security Act

[subsec. (b)(1) of this section], as added by this section, any

State which, as of the date of the enactment of this Act [Aug. 22,

1996], processes the receipt of child support payments through

local courts may, at the option of the State, continue to process

through September 30, 1999, such payments through such courts as

processed such payments on or before such date of enactment."

For provisions relating to effective date of title III of Pub. L.

104-193, 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 654, 654a, 655, 666 of

this title; title 10 section 1408.

-End-

-CITE-

42 USC Sec. 655 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 655. Payments to States

-STATUTE-

(a) Amounts payable each quarter

(1) From the sums appropriated therefor, the Secretary shall pay

to each State for each quarter an amount -

(A) equal to the percent specified in paragraph (2) of the

total amounts expended by such State during such quarter for the

operation of the plan approved under section 654 of this title,

(B) equal to the percent specified in paragraph (3) of the sums

expended during such quarter that are attributable to the

planning, design, development, installation or enhancement of an

automatic data processing and information retrieval system

(including in such sums the full cost of the hardware components

of such system); and (!1)

(C) equal to 90 percent (rather than the percentage specified

in subparagraph (A)) of so much of the sums expended during such

quarter as are attributable to laboratory costs incurred in

determining paternity, and

(D) equal to 66 percent of the sums expended by the State

during the quarter for an alternative statewide system for which

a waiver has been granted under section 652(d)(3) of this title,

but only to the extent that the total of the sums so expended by

the State on or after July 16, 1998, does not exceed the least

total cost estimate submitted by the State pursuant to section

652(d)(3)(C) of this title in the request for the waiver;

except that no amount shall be paid to any State on account of

amounts expended to carry out an agreement which it has entered

into pursuant to section 663 of this title. In determining the

total amounts expended by any State during a quarter, for purposes

of this subsection, there shall be excluded an amount equal to the

total of any fees collected or other income resulting from services

provided under the plan approved under this part.

(2) The percent applicable to quarters in a fiscal year for

purposes of paragraph (1)(A) is -

(A) 70 percent for fiscal years 1984, 1985, 1986, and 1987,

(B) 68 percent for fiscal years 1988 and 1989, and

(C) 66 percent for fiscal year 1990 and each fiscal year

thereafter.

(3)(A) The Secretary shall pay to each State, for each quarter in

fiscal years 1996 and 1997, 90 percent of so much of the State

expenditures described in paragraph (1)(B) as the Secretary finds

are for a system meeting the requirements specified in section

654(16) of this title (as in effect on September 30, 1995) but

limited to the amount approved for States in the advance planning

documents of such States submitted on or before September 30, 1995.

(B)(i) The Secretary shall pay to each State or system described

in clause (iii), for each quarter in fiscal years 1996 through

2001, the percentage specified in clause (ii) of so much of the

State or system expenditures described in paragraph (1)(B) as the

Secretary finds are for a system meeting the requirements of

sections 654(16) and 654a of this title.

(ii) The percentage specified in this clause is 80 percent.

(iii) For purposes of clause (i), a system described in this

clause is a system that has been approved by the Secretary to

receive enhanced funding pursuant to the Family Support Act of 1988

(Public Law 100-485; 102 Stat. 2343) for the purpose of developing

a system that meets the requirements of sections 654(16) of this

title (as in effect on and after September 30, 1995) and 654a of

this title, including systems that have received funding for such

purpose pursuant to a waiver under section 1315(a) of this title.

(4)(A)(i) If -

(I) the Secretary determines that a State plan under section

654 of this title would (in the absence of this paragraph) be

disapproved for the failure of the State to comply with a

particular subparagraph of section 654(24) of this title, and

that the State has made and is continuing to make a good faith

effort to so comply; and

(II) the State has submitted to the Secretary a corrective

compliance plan that describes how, by when, and at what cost the

State will achieve such compliance, which has been approved by

the Secretary,

then the Secretary shall not disapprove the State plan under

section 654 of this title, and the Secretary shall reduce the

amount otherwise payable to the State under paragraph (1)(A) of

this subsection for the fiscal year by the penalty amount.

(ii) All failures of a State during a fiscal year to comply with

any of the requirements referred to in the same subparagraph of

section 654(24) of this title shall be considered a single failure

of the State to comply with that subparagraph during the fiscal

year for purposes of this paragraph.

(B) In this paragraph:

(i) The term "penalty amount" means, with respect to a failure

of a State to comply with a subparagraph of section 654(24) of

this title -

(I) 4 percent of the penalty base, in the case of the first

fiscal year in which such a failure by the State occurs

(regardless of whether a penalty is imposed under this

paragraph with respect to the failure);

(II) 8 percent of the penalty base, in the case of the second

such fiscal year;

(III) 16 percent of the penalty base, in the case of the

third such fiscal year;

(IV) 25 percent of the penalty base, in the case of the

fourth such fiscal year; or

(V) 30 percent of the penalty base, in the case of the fifth

or any subsequent such fiscal year.

(ii) The term "penalty base" means, with respect to a failure

of a State to comply with a subparagraph of section 654(24) of

this title during a fiscal year, the amount otherwise payable to

the State under paragraph (1)(A) of this subsection for the

preceding fiscal year.

(C)(i) The Secretary shall waive a penalty under this paragraph

for any failure of a State to comply with section 654(24)(A) of

this title during fiscal year 1998 if -

(I) on or before August 1, 1998, the State has submitted to the

Secretary a request that the Secretary certify the State as

having met the requirements of such section;

(II) the Secretary subsequently provides the certification as a

result of a timely review conducted pursuant to the request; and

(III) the State has not failed such a review.

(ii) If a State with respect to which a reduction is made under

this paragraph for a fiscal year with respect to a failure to

comply with a subparagraph of section 654(24) of this title

achieves compliance with such subparagraph by the beginning of the

succeeding fiscal year, the Secretary shall increase the amount

otherwise payable to the State under paragraph (1)(A) of this

subsection for the succeeding fiscal year by an amount equal to 90

percent of the reduction for the fiscal year.

(iii) The Secretary shall reduce the amount of any reduction

that, in the absence of this clause, would be required to be made

under this paragraph by reason of the failure of a State to achieve

compliance with section 654(24)(B) of this title during the fiscal

year, by an amount equal to 20 percent of the amount of the

otherwise required reduction, for each State performance measure

described in section 658a(b)(4) of this title with respect to which

the applicable percentage under section 658a(b)(6) of this title

for the fiscal year is 100 percent, if the Secretary has made the

determination described in section 658a(b)(5)(B) of this title with

respect to the State for the fiscal year.

(D) The Secretary may not impose a penalty under this paragraph

against a State with respect to a failure to comply with section

654(24)(B) of this title for a fiscal year if the Secretary is

required to impose a penalty under this paragraph against the State

with respect to a failure to comply with section 654(24)(A) of this

title for the fiscal year.

(5)(A)(i) If -

(I) the Secretary determines that a State plan under section

654 of this title would (in the absence of this paragraph) be

disapproved for the failure of the State to comply with

subparagraphs (A) and (B)(i) of section 654(27) of this title,

and that the State has made and is continuing to make a good

faith effort to so comply; and

(II) the State has submitted to the Secretary, not later than

April 1, 2000, a corrective compliance plan that describes how,

by when, and at what cost the State will achieve such compliance,

which has been approved by the Secretary,

then the Secretary shall not disapprove the State plan under

section 654 of this title, and the Secretary shall reduce the

amount otherwise payable to the State under paragraph (1)(A) of

this subsection for the fiscal year by the penalty amount.

(ii) All failures of a State during a fiscal year to comply with

any of the requirements of section 654B of this title shall be

considered a single failure of the State to comply with

subparagraphs (A) and (B)(i) of section 654(27) of this title

during the fiscal year for purposes of this paragraph.

(B) In this paragraph:

(i) The term "penalty amount" means, with respect to a failure

of a State to comply with subparagraphs (A) and (B)(i) of section

654(27) of this title -

(I) 4 percent of the penalty base, in the case of the 1st

fiscal year in which such a failure by the State occurs

(regardless of whether a penalty is imposed in that fiscal year

under this paragraph with respect to the failure), except as

provided in subparagraph (C)(ii) of this paragraph;

(II) 8 percent of the penalty base, in the case of the 2nd

such fiscal year;

(III) 16 percent of the penalty base, in the case of the 3rd

such fiscal year;

(IV) 25 percent of the penalty base, in the case of the 4th

such fiscal year; or

(V) 30 percent of the penalty base, in the case of the 5th or

any subsequent such fiscal year.

(ii) The term "penalty base" means, with respect to a failure

of a State to comply with subparagraphs (A) and (B)(i) of section

654(27) of this title during a fiscal year, the amount otherwise

payable to the State under paragraph (1)(A) of this subsection

for the preceding fiscal year.

(C)(i) The Secretary shall waive all penalties imposed against a

State under this paragraph for any failure of the State to comply

with subparagraphs (A) and (B)(i) of section 654(27) of this title

if the Secretary determines that, before April 1, 2000, the State

has achieved such compliance.

(ii) If a State with respect to which a reduction is required to

be made under this paragraph with respect to a failure to comply

with subparagraphs (A) and (B)(i) of section 654(27) of this title

achieves such compliance on or after April 1, 2000, and on or

before September 30, 2000, then the penalty amount applicable to

the State shall be 1 percent of the penalty base with respect to

the failure involved.

(D) The Secretary may not impose a penalty under this paragraph

against a State for a fiscal year for which the amount otherwise

payable to the State under paragraph (1)(A) of this subsection is

reduced under paragraph (4) of this subsection for failure to

comply with section 654(24)(A) of this title.

(b) Estimate of amounts payable; installment payments

(1) Prior to the beginning of each quarter, the Secretary shall

estimate the amount to which a State will be entitled under

subsection (a) of this section for such quarter, such estimates to

be based on (A) a report filed by the State containing its estimate

of the total sum to be expended in such quarter in accordance with

the provisions of such subsection, and stating the amount

appropriated or made available by the State and its political

subdivisions for such expenditures in such quarter, and if such

amount is less than the State's proportionate share of the total

sum of such estimated expenditures, the source or sources from

which the difference is expected to be derived, and (B) such other

investigation as the Secretary may find necessary.

(2) Subject to subsection (d) of this section, the Secretary

shall then pay, in such installments as he may determine, to the

State the amount so estimated, reduced or increased to the extent

of any overpayment or underpayment which the Secretary determines

was made under this section to such State for any prior quarter and

with respect to which adjustment has not already been made under

this subsection.

(3) Upon the making of any estimate by the Secretary under this

subsection, any appropriations available for payments under this

section shall be deemed obligated.

(c) Repealed. Pub. L. 97-248, title I, Sec. 174(b), Sept. 3, 1982,

96 Stat. 403

(d) State reports

Notwithstanding any other provision of law, no amount shall be

paid to any State under this section for any quarter, prior to the

close of such quarter, unless for the period consisting of all

prior quarters for which payment is authorized to be made to such

State under subsection (a) of this section, there shall have been

submitted by the State to the Secretary, with respect to each

quarter in such period (other than the last two quarters in such

period), a full and complete report (in such form and manner and

containing such information as the Secretary shall prescribe or

require) as to the amount of child support collected and disbursed

and all expenditures with respect to which payment is authorized

under subsection (a) of this section.

(e) Special project grants for interstate enforcement;

appropriations

(1) In order to encourage and promote the development and use of

more effective methods of enforcing support obligations under this

part in cases where either the children on whose behalf the support

is sought or their noncustodial parents do not reside in the State

where such cases are filed, the Secretary is authorized to make

grants, in such amounts and on such terms and conditions as the

Secretary determines to be appropriate, to States which propose to

undertake new or innovative methods of support collection in such

cases and which will use the proceeds of such grants to carry out

special projects designed to demonstrate and test such methods.

(2) A grant under this subsection shall be made only upon a

finding by the Secretary that the project involved is likely to be

of significant assistance in carrying out the purpose of this

subsection; and with respect to such project the Secretary may

waive any of the requirements of this part which would otherwise be

applicable, to such extent and for such period as the Secretary

determines is necessary or desirable in order to enable the State

to carry out the project.

(3) At the time of its application for a grant under this

subsection the State shall submit to the Secretary a statement

describing in reasonable detail the project for which the proceeds

of the grant are to be used, and the State shall from time to time

thereafter submit to the Secretary such reports with respect to the

project as the Secretary may specify.

(4) Amounts expended by a State in carrying out a special project

assisted under this section shall be considered, for purposes of

section 658(b) (!2) of this title (as amended by section 5(a) of

the Child Support Enforcement Amendments of 1984), to have been

expended for the operation of the State's plan approved under

section 654 of this title.

(5) There is authorized to be appropriated the sum of $7,000,000

for fiscal year 1985, $12,000,000 for fiscal year 1986, and

$15,000,000 for each fiscal year thereafter, to be used by the

Secretary in making grants under this subsection.

(f) Direct Federal funding to Indian tribes and tribal

organizations

The Secretary may make direct payments under this part to an

Indian tribe or tribal organization that demonstrates to the

satisfaction of the Secretary that it has the capacity to operate a

child support enforcement program meeting the objectives of this

part, including establishment of paternity, establishment,

modification, and enforcement of support orders, and location of

absent parents. The Secretary shall promulgate regulations

establishing the requirements which must be met by an Indian tribe

or tribal organization to be eligible for a grant under this

subsection.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 455, as added Pub. L.

93-647, Sec. 101(a), Jan. 4, 1975, 88 Stat. 2355; amended Pub. L.

94-88, title II, Secs. 201(c), 205, Aug. 9, 1975, 89 Stat. 433,

435; Pub. L. 94-365, Sec. 3, July 14, 1976, 90 Stat. 990; Pub. L.

95-59, Sec. 4, June 30, 1977, 91 Stat. 255; Pub. L. 96-178, Sec.

2(a), Jan. 2, 1980, 93 Stat. 1295; Pub. L. 96-265, title IV, Secs.

404(a), 405(a), 407(a), (b), June 9, 1980, 94 Stat. 463, 467; Pub.

L. 96-611, Secs. 9(c), 11(c), Dec. 28, 1980, 94 Stat. 3573, 3574;

Pub. L. 97-35, title XXIII, Sec. 2333(c), Aug. 13, 1981, 95 Stat.

863; Pub. L. 97-248, title I, Secs. 171(b)(2), 174(a), (b), Sept.

3, 1982, 96 Stat. 401, 403; Pub. L. 98-378, Secs. 4(a), 6(b), 8,

Aug. 16, 1984, 98 Stat. 1311, 1314, 1315; Pub. L. 100-485, title I,

Secs. 112(a), 123(c), Oct. 13, 1988, 102 Stat. 2350, 2352; Pub. L.

104-193, title III, Secs. 344(b)(1), (c), 375(b), 395(d)(1)(E),

Aug. 22, 1996, 110 Stat. 2236, 2237, 2256, 2259; Pub. L. 105-33,

title V, Secs. 5546(b), (c), 5555(a), Aug. 5, 1997, 111 Stat. 631,

632, 636; Pub. L. 105-200, title I, Secs. 101(a), 102(b), title II,

Sec. 201(f)(2)(B), July 16, 1998, 112 Stat. 646, 648, 658; Pub. L.

105-306, Sec. 4(a)(1), Oct. 28, 1998, 112 Stat. 2926; Pub. L.

106-113, div. B, Sec. 1000(a)(4) [title VIII, Sec. 807(a)], Nov.

29, 1999, 113 Stat. 1535, 1501A-286; Pub. L. 106-169, title IV,

Sec. 401(i), Dec. 14, 1999, 113 Stat. 1858.)

-REFTEXT-

REFERENCES IN TEXT

The Family Support Act of 1988, referred to in subsec.

(a)(3)(B)(iii), is Pub. L. 100-485, Oct. 13, 1988, 102 Stat. 2343,

as amended. For complete classification of this Act to the Code,

see Short Title of 1988 Amendments note set out under section 1305

of this title and Tables.

Section 658(b) of this title (as amended by section 5(a) of the

Child Support Enforcement Amendments of 1984), referred to in

subsec. (e)(4), was in the original a reference to "section

458(b)", meaning section 458(b) of act of Aug. 14, 1935, as amended

by section 5(a) of Pub. L. 98-378, which was classified to section

658(b) of this title. Pub. L. 105-200, title II, Sec. 201(f)(1),

(2)(A), July 16, 1998, 112 Stat. 657, 658, repealed section 458 and

renumbered section 458A of the act of Aug. 14, 1935, as section

458, which is classified to section 658a of this title.

-MISC1-

AMENDMENTS

1999 - Subsec. (a)(1)(B). Pub. L. 106-169 amended Pub. L.

104-193, Sec. 344(b)(1)(A). See 1996 Amendment note below.

Subsec. (a)(5). Pub. L. 106-113 added par. (5).

1998 - Subsec. (a)(1)(D). Pub. L. 105-200, Sec. 102(b), added

subpar. (D).

Subsec. (a)(4). Pub. L. 105-200, Sec. 101(a), added par. (4).

Subsec. (a)(4)(C)(iii). Pub. L. 105-306 added cl. (iii).

Pub. L. 105-200, Sec. 201(f)(2)(B), made technical amendments to

references in original act which appear in text as references to

section 658a(b)(4), section 658a(b)(6), and section 658a(b)(5)(B)

of this title.

1997 - Subsec. (a)(3)(B)(i). Pub. L. 105-33, Sec. 5555(a)(1),

inserted "or system described in clause (iii)" after "each State"

and "or system" after "the State".

Subsec. (a)(3)(B)(iii). Pub. L. 105-33, Sec. 5555(a)(2), added

cl. (iii).

Subsec. (b). Pub. L. 105-33, Sec. 5546(b), redesignated subsec.

(b), relating to direct Federal funding to Indian tribes and tribal

organizations, as (f).

Subsec. (f). Pub. L. 105-33, Sec. 5546(c), amended heading and

text of subsec. (f) generally. Prior to amendment, text read as

follows: "The Secretary may, in appropriate cases, make direct

payments under this part to an Indian tribe or tribal organization

which has an approved child support enforcement plan under this

subchapter. In determining whether such payments are appropriate,

the Secretary shall, at a minimum, consider whether services are

being provided to eligible Indian recipients by the State agency

through an agreement entered into pursuant to section 654(34) of

this title."

Pub. L. 105-33, Sec. 5546(b), redesignated subsec. (b), relating

to direct Federal funding to Indian tribes and tribal

organizations, as (f).

1996 - Subsec. (a)(1). Pub. L. 104-193, Sec. 344(c), which

directed repeal of Pub. L. 100-485, Sec. 123(c), was executed by

restoring the provisions of this section amended by Sec. 123(c) to

read as if Sec. 123(c) had not been enacted, to reflect the

probable intent of Congress. See 1988 Amendment note below.

Subsec. (a)(1)(B). Pub. L. 104-193, Sec. 344(b)(1)(A), as amended

by Pub. L. 106-169, added subpar. (B) and struck out former subpar.

(B) which read as follows: "equal to 90 percent (rather than the

percent specified in subparagraph (A)) of so much of the sums

expended during such quarter as are attributable to the planning,

design, development, installation or enhancement of an automatic

data processing and information retrieval system (including in such

sums the full cost of the hardware components of such system) which

the Secretary finds meets the requirements specified in section

654(16) of this title, or meets such requirements without regard to

clause (D) thereof, and".

Subsec. (a)(3). Pub. L. 104-193, Sec. 344(b)(1)(B), added par.

(3).

Subsec. (b). Pub. L. 104-193, Sec. 375(b), added subsec. (b)

relating to direct Federal funding to Indian tribes and tribal

organizations.

Subsec. (e)(1). Pub. L. 104-193, Sec. 395(d)(1)(E), substituted

"noncustodial parents" for "absent parents".

1988 - Subsec. (a)(1). Pub. L. 100-485, Sec. 123(c), which

directed striking subpars. (A) and (B), redesignating subpar. (C)

as (A), striking "(rather than the percentage specified in

subparagraph (A))" and inserting "and" after the semicolon in

subpar. (A), and adding new subpar. (B) which read "equal to the

percent specified in paragraph (2) of the total amounts expended by

such State during such quarter for the operation of the plan

approved under section 654 of this title;", was repealed by Pub. L.

104-193, Sec. 344(c).

Subsec. (a)(1)(C). Pub. L. 100-485, Sec. 112(a), added subpar.

(C).

1984 - Subsec. (a)(1). Pub. L. 98-378, Sec. 4(a)(1)-(5),

designated existing provisions as par. (1) and in par. (1) as so

designated, struck out ", beginning with the quarter commencing

July 1, 1975," after "for each quarter", substituted subpar. (A)

for former par. (1) which provided for an amount equal to 70

percent of the total amounts expended by the State during the

quarter for the operation of the plan approved under section 654 of

this title, struck out former par. (2) which provided for an amount

equal to 50 percent of the total amounts expended by the State

during the quarter for the operation of a plan which met the

conditions of section 654 of this title except as was provided by a

waiver by the Secretary which was granted pursuant to specific

authority set forth in the law, redesignated former par. (3) as

subpar. (B) of par. (1), and in subpar. (B) as so redesignated,

substituted "subparagraph (A)" for "clause (1) or (2)", and

inserted "(including in such sums the full cost of the hardware

components of such system)" and ", or meets such requirements

without regard to clause (D) thereof".

Subsec. (a)(2). Pub. L. 98-378, Sec. 4(a)(6), added par. (2).

Former par. (2) was struck out.

Subsec. (a)(3). Pub. L. 98-378, Sec. 4(a)(3), redesignated par.

(3) of subsec. (a) as subpar. (B) of subsec. (a)(1).

Subsec. (e). Pub. L. 98-378, Sec. 8, added subsec. (e).

1982 - Subsec. (a)(1). Pub. L. 97-248, Sec. 174(a), substituted

"70 percent" for "75 percent".

Subsec. (c). Pub. L. 97-248, Sec. 174(b), struck out subsec. (c)

which had provided that expenditures of courts of a State or its

political subdivisions in connection with performance of services

related to the operation of a plan approved under section 654 of

this title, would be included in determining the amounts expended

by a State during any quarter for the operation of such plan, that

the aggregate amount of such expenditures would be reduced by the

total amount of those expenditures made by a State for the 12-month

period beginning on Jan. 1, 1978, and that a State agency could,

under State law, pay the courts of the State from amounts received

under subsec. (a) of this section.

1981 - Subsec. (a). Pub. L. 97-35, as amended by Pub. L. 97-248,

Sec. 171(b)(2), inserted provision that in determining the total

amounts expended by any State during a quarter, for purposes of

this subsection, there be excluded an amount equal to the total of

any fees collected or other income resulting from services provided

under the plan approved under this part.

1980 - Subsec. (a). Pub. L. 96-611, Sec. 9(c), inserted provision

following par. (3) that no amount shall be paid to any State on

account of amounts expended to carry out an agreement which it has

entered into pursuant to section 663 of this title.

Pub. L. 96-611, Sec. 11(c), which was intended to make a

technical correction in par. (3) by substituting a period for the

semicolon at the end thereof, was not executed in view of the

amendment by section 9(c) of Pub. L. 96-611 inserting provision

following par. (3).

Pub. L. 96-265, Sec. 405(a), added par. (3).

Pub. L. 96-178 struck out provisions following par. (2)

prohibiting payment to any State on account of furnishing child

support collection or paternity determination services (other than

the parent locator services) to individuals under section 654(6) of

this title during any period beginning after Sept. 30, 1978.

Subsec. (b)(2). Pub. L. 96-265, Sec. 407(a), substituted "Subject

to subsection (d) of this section, the Secretary" for "The

Secretary".

Subsecs. (c), (d). Pub. L. 96-265, Secs. 404(a), 407(b), added

subsecs. (c) and (d).

1977 - Subsec. (a). Pub. L. 95-59 substituted "September 30,

1978" for "June 30, 1977" in provisions following par. (2).

1976 - Subsec. (a). Pub. L. 94-365 substituted "June 30, 1977"

for "June 30, 1976".

1975 - Subsec. (a). Pub. L. 94-88, Secs. 201(c), 205, designated

existing provisions as subsec. (a), and inserted provisions

authorizing Secretary to pay to each State for each quarter

beginning with the quarter commencing July 1, 1975, an amount equal

to 50 per cent of the total amounts expended by such State during

such quarter for the operation of a plan which meets the conditions

of section 654 of this title except as is provided by a waiver by

the Secretary which is granted pursuant to specific authority set

forth in the law.

Subsec. (b). Pub. L. 94-88, Sec. 205, added subsec. (b).

EFFECTIVE DATE OF 1999 AMENDMENTS

Amendment by Pub. L. 106-169 effective as if included in the

enactment of the Personal Responsibility and Work Opportunity

Reconciliation Act of 1996, Pub. L. 104-193, see section 401(q) of

Pub. L. 106-169, set out as a note under section 602 of this title.

Amendment by Pub. L. 106-113 effective Oct. 1, 1999, see section

1000(a)(4) [title VIII, Sec. 807(c)] of Pub. L. 106-113, set out as

a note under section 609 of this title.

EFFECTIVE DATE OF 1998 AMENDMENTS

Pub. L. 105-306, Sec. 4(a)(2), Oct. 28, 1998, 112 Stat. 2927,

provided that: "The amendment made by paragraph (1) of this

subsection [amending this section] shall take effect as if included

in the enactment of section 101(a) of the Child Support Performance

and Incentive Act of 1998 [Pub. L. 105-200, amending this section],

and the amendment shall be considered to have been added by section

101(a) of such Act for purposes of section 201(f)(2)(B) of such Act

[amending this section]."

Pub. L. 105-200, title II, Sec. 201(f)(3), July 16, 1998, 112

Stat. 658, provided that: "The amendments made by this subsection

[amending this section, renumbering section 658a as section 658 of

this title, and repealing former section 658 of this title] shall

take effect on October 1, 2001."

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-33 effective as if included in the

enactment of title III of the Personal Responsibility and Work

Opportunity Reconciliation Act of 1996, Pub. L. 104-193, see

section 5557 of Pub. L. 105-33, set out as a note under section 608

of this title.

EFFECTIVE DATE OF 1996 AMENDMENT

For effective date of amendment by Pub. L. 104-193, see section

395(a)-(c) of Pub. L. 104-193, set out as a note under section 654

of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Section 112(b) of Pub. L. 100-485 provided that: "The amendments

made by subsection (a) [amending this section] shall apply with

respect to laboratory costs incurred on or after October 1, 1988."

Section 123(c) of Pub. L. 100-485 which provided that the

amendment made by that section was effective Sept. 30, 1995, was

repealed by Pub. L. 104-193, title III, Sec. 344(c), Aug. 22, 1996,

110 Stat. 2237.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by section 4(a) of Pub. L. 98-378 applicable to fiscal

years after fiscal year 1983, see section 4(c) of Pub. L. 98-378,

set out as a note under section 652 of this title.

Amendment by section 6(b) of Pub. L. 98-378 applicable with

respect to quarters beginning on or after Oct. 1, 1984, see section

6(c) of Pub. L. 98-378, set out as a note under section 654 of this

title.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by section 171(b)(2) of Pub. L. 97-248 effective on and

after Aug. 13, 1981, see section 171(c) of Pub. L. 97-248, set out

as a note under section 503 of this title.

Section 174(d) of Pub. L. 97-248 provided that: "The amendment

made by subsection (a) [amending this section] shall apply with

respect to quarters beginning on or after October 1, 1982.

Subsection (b) [amending this section] shall apply with respect to

quarters beginning on or after October 1, 1983; and the amendment

made by subsection (c) [amending section 658 of this title] shall

apply with respect to amounts collected on or after October 1,

1983."

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Oct. 1, 1981, except as

otherwise specifically provided, see section 2336 of Pub. L. 97-35,

set out as a note under section 651 of this title.

EFFECTIVE DATE OF 1980 AMENDMENTS

Section 404(b) of Pub. L. 96-265 provided that: "The amendment

made by subsection (a) [amending this section] shall apply with

respect to expenditures made by States on or after July 1, 1980."

Amendment by section 405(a) of Pub. L. 96-265 effective July 1,

1981, and to be effective only with respect to expenditures,

referred to in subsec. (a)(3) of this section, made on or after

such date, see section 405(e) of Pub. L. 96-265, set out as a note

under section 652 of this title.

Section 407(d) of Pub. L. 96-265 provided that: "The amendments

made by this section [amending this section and section 603 of this

title] shall be effective in the case of calendar quarters

commencing on or after January 1, 1981."

Section 2(b) of Pub. L. 96-178, as amended Pub. L. 96-272, title

III, Sec. 301(a), June 17, 1980, 94 Stat. 527, provided that: "This

section [amending this section] shall become effective on the date

of the enactment of this Act [Jan. 2, 1980], and shall apply with

respect to services furnished on or after October 1, 1978."

EFFECTIVE DATE OF 1975 AMENDMENT

Amendment by Pub. L. 94-88 effective Aug. 1, 1975, unless

otherwise provided, see section 210 of Pub. L. 94-88, set out as a

note under section 654 of this title.

TEMPORARY LIMITATION ON PAYMENTS UNDER SPECIAL FEDERAL MATCHING

RATE

Section 344(b)(2) of Pub. L. 104-193, as amended by Pub. L.

105-33, title V, Sec. 5555(b), Aug. 5, 1997, 111 Stat. 637,

provided that:

"(A) In general. - The Secretary of Health and Human Services may

not pay more than $400,000,000 in the aggregate under section

455(a)(3)(B) of the Social Security Act [subsec. (a)(3)(B) of this

section] for fiscal years 1996 through 2001.

"(B) Allocation of limitation among states. - The total amount

payable to a State or a system described in subparagraph (C) under

section 455(a)(3)(B) of such Act for fiscal years 1996 through 2001

shall not exceed the limitation determined for the State or system

by the Secretary of Health and Human Services in regulations.

"(C) Allocation formula. - The regulations referred to in

subparagraph (B) shall prescribe a formula for allocating the

amount specified in subparagraph (A) among States with plans

approved under part D of title IV of the Social Security Act [this

part], and among systems that have been approved by the Secretary

to receive enhanced funding pursuant to the Family Support Act of

1988 (Public Law 100-485; 102 Stat. 2343) for the purpose of

developing a system that meets the requirements of sections 454(16)

(as in effect on and after September 30, 1995) and 454A [probably

means sections 454(16) and 454A of the Social Security Act which

are classified to sections 654(16) and 654a, respectively, of this

title], including systems that have received funding for such

purpose pursuant to a waiver under section 1115(a) [probably means

section 1115(a) of the Social Security Act which is classified to

section 1315(a) of this title], which shall take into account -

"(i) the relative size of such State and system caseloads under

part D of title IV of the Social Security Act [this part]; and

"(ii) the level of automation needed to meet the automated data

processing requirements of such part."

PAYMENTS TO STATES FOR CERTAIN EXPENSES INCURRED DURING JULY 1975

Section 206 of Pub. L. 94-88 provided that amounts expended in

good faith by any State during July 1975 in certain ways in

preparation for or implementation of the child support program

under this part were to be considered for purposes of this section,

to the extent that payment for the expenses incurred would have

been made under the terms of this section, had the amendment by

section 101 of Pub. L. 93-647 been effective on July 1, 1975, to

have been expended by the State for the operation of the State plan

or for the conduct of activities specified in this section.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 655a, 658a, 1315 of this

title; title 2 section 906.

-FOOTNOTE-

(!1) So in original. The "; and" probably should be a comma.

(!2) See References in Text note below.

-End-

-CITE-

42 USC Sec. 655a 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 655a. Provision for reimbursement of expenses

-STATUTE-

For purposes of section 655 of this title, expenses incurred to

reimburse State employment offices for furnishing information

requested of such offices -

(1) pursuant to section 49b(b) of title 29, or

(2) by a State or local agency charged with the duty of

carrying a State plan for child support approved under this part,

shall be considered to constitute expenses incurred in the

administration of such State plan.

-SOURCE-

(Pub. L. 94-566, title V, Sec. 508(b), Oct. 20, 1976, 90 Stat.

2689; Pub. L. 104-193, title I, Sec. 110(a), Aug. 22, 1996, 110

Stat. 2171; Pub. L. 105-220, title III, Sec. 302(b), Aug. 7, 1998,

112 Stat. 1081.)

-COD-

CODIFICATION

Section was formerly classified to section 603a of this title.

Section was not enacted as part of the Social Security Act which

comprises this chapter.

-MISC1-

AMENDMENTS

1998 - Par. (1). Pub. L. 105-220 substituted "section 49b(b) of

title 29" for "the third sentence of section 49b(a) of title 29".

1996 - Pub. L. 104-193 amended section catchline and text

generally. Prior to amendment, text read as follows: "For purposes

of section 603 of this title, expenses incurred to reimburse State

employment offices for furnishing information requested of such

offices pursuant to the third sentence of section 49b(a) of title

29, by a State or local agency administering a State plan approved

under part A of this subchapter shall be considered to constitute

expenses incurred in the administration of such State plan; and for

purposes of section 655 of this title, expenses incurred to

reimburse State employment offices for furnishing information so

requested by a State or local agency charged with the duty of

carrying out a State plan for child support approved under part D

of this subchapter shall be considered to constitute expenses

incurred in the administration of such State plan."

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-220 effective July 1, 1999, see section

311 of Pub. L. 105-220, set out as a note under section 49a of

Title 29, Labor.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-193 effective July 1, 1997, with

transition rules relating to State options to accelerate such date,

rules relating to claims, actions, and proceedings commenced before

such date, rules relating to closing out of accounts for terminated

or substantially modified programs and continuance in office of

Assistant Secretary for Family Support, and provisions relating to

termination of entitlement under AFDC program, see section 116 of

Pub. L. 104-193, as amended, set out as an Effective Date note

under section 601 of this title.

-End-

-CITE-

42 USC Sec. 656 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 656. Support obligation as obligation to State; amount;

discharge in bankruptcy

-STATUTE-

(a) Collection processes

(1) The support rights assigned to the State pursuant to section

608(a)(3) of this title or secured on behalf of a child receiving

foster care maintenance payments shall constitute an obligation

owed to such State by the individual responsible for providing such

support. Such obligation shall be deemed for collection purposes to

be collectible under all applicable State and local processes.

(2) The amount of such obligation shall be -

(A) the amount specified in a court order which covers the

assigned support rights, or

(B) if there is no court order, an amount determined by the

State in accordance with a formula approved by the Secretary.

(3) Any amounts collected from a noncustodial parent under the

plan shall reduce, dollar for dollar, the amount of his obligation

under subparagraphs (A) and (B) of paragraph (2).

(b) Nondischargeability

A debt (as defined in section 101 of title 11) owed under State

law to a State (as defined in such section) or municipality (as

defined in such section) that is in the nature of support and that

is enforceable under this part is not released by a discharge in

bankruptcy under title 11.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 456, as added Pub. L.

93-647, Sec. 101(a), Jan. 4, 1975, 88 Stat. 2356; amended Pub. L.

95-598, title III, Sec. 328, Nov. 6, 1978, 92 Stat. 2679; Pub. L.

97-35, title XXIII, Sec. 2334(a), Aug. 13, 1981, 95 Stat. 863; Pub.

L. 98-369, div. B, title VI, Sec. 2663(c)(15), July 18, 1984, 98

Stat. 1167; Pub. L. 98-378, Sec. 11(b)(2), Aug. 16, 1984, 98 Stat.

1318; Pub. L. 104-193, title I, Sec. 108(c)(13), title III, Secs.

374(b), 395(d)(2)(C), Aug. 22, 1996, 110 Stat. 2166, 2255, 2260;

Pub. L. 105-33, title V, Secs. 5513(a)(3), 5556(d), Aug. 5, 1997,

111 Stat. 619, 637.)

-MISC1-

AMENDMENTS

1997 - Subsec. (a)(1). Pub. L. 105-33, Sec. 5513(a)(3), amended

Pub. L. 104-193, Sec. 108(c)(13). See 1996 Amendment note below.

Subsec. (a)(2)(B). Pub. L. 105-33, Sec. 5556(d), substituted

"Secretary." for "Secretary, and".

1996 - Subsec. (a)(1). Pub. L. 104-193, Sec. 108(c)(13), as

amended by Pub. L. 105-33, Sec. 5513(a)(3), substituted "pursuant

to section 608(a)(3) of this title" for "under section 602(a)(26)

of this title".

Subsec. (a)(3). Pub. L. 104-193, Sec. 395(d)(2)(C), substituted

"a noncustodial parent" for "an absent parent".

Subsec. (b). Pub. L. 104-193, Sec. 374(b), inserted heading and

amended text generally. Prior to amendment, text read as follows:

"A debt which is a child support obligation assigned to a State

under section 602(a)(26) of this title is not released by a

discharge in bankruptcy under title 11."

1984 - Subsec. (a)(1). Pub. L. 98-378, Sec. 11(b)(2), inserted

"or secured on behalf of a child receiving foster care maintenance

payments" after "section 602(a)(26) of this title".

Pub. L. 98-369, Sec. 2663(c)(15)(A), designated existing

unenumerated provisions as par. (1). Former par. (1) redesignated

(2).

Subsec. (a)(2). Pub. L. 98-369, Sec. 2663(c)(15)(B), redesignated

former par. (1) as (2). Former par. (2) redesignated (3).

Subsec. (a)(3). Pub. L. 98-369, Sec. 2663(c)(15)(C), (D),

redesignated former par. (2) as (3) and substituted "subparagraphs

(A) and (B) of paragraph (2)" for "paragraphs (1)(A) and (B)".

1981 - Subsec. (b). Pub. L. 97-35 added subsec. (b).

1978 - Subsec. (b). Pub. L. 95-598 repealed provision declaring a

debt which is a child support obligation assigned to a State under

section 602(a)(26) of this title as not released by a discharge in

bankruptcy under the Bankruptcy Act.

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by section 5513(a)(3) of Pub. L. 105-33 effective as if

included in section 108 of the Personal Responsibility and Work

Opportunity Reconciliation Act of 1996, Pub. L. 104-193, at the

time such section 108 became law, see section 5518(b) of Pub. L.

105-33, set out as a note under section 652 of this title.

Amendment by section 5556(d) of Pub. L. 105-33 effective as if

included in the enactment of title III of the Personal

Responsibility and Work Opportunity Reconciliation Act of 1996,

Pub. L. 104-193, see section 5557 of Pub. L. 105-33, set out as a

note under section 608 of this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by section 108(c)(13) of Pub. L. 104-193 effective July

1, 1997, with transition rules relating to State options to

accelerate such date, rules relating to claims, actions, and

proceedings commenced before such date, rules relating to closing

out of accounts for terminated or substantially modified programs

and continuance in office of Assistant Secretary for Family

Support, and provisions relating to termination of entitlement

under AFDC program, see section 116 of Pub. L. 104-193, as amended,

set out as an Effective Date note under section 601 of this title.

Amendment by section 374(b) of Pub. L. 104-193 applicable only

with respect to cases commenced under Title 11, Bankruptcy, after

Aug. 22, 1996, see section 374(c) of Pub. L. 104-193, set out as a

note under section 523 of Title 11.

For provisions relating to effective date of title III of Pub. L.

104-193, see section 395(a)-(c) of Pub. L. 104-193, set out as a

note under section 654 of this title.

EFFECTIVE DATE OF 1984 AMENDMENTS

Amendment by Pub. L. 98-378 effective Oct. 1, 1984, and

applicable to collections made on or after that date, see section

11(e) of Pub. L. 98-378, set out as a note under section 654 of

this title.

Amendment by Pub. L. 98-369 effective July 18, 1984, but not to

be construed as changing or affecting any right, liability, status,

or interpretation which existed (under the provisions of law

involved) before that date, see section 2664(b) of Pub. L. 98-369,

set out as a note under section 401 of this title.

EFFECTIVE DATE OF 1981 AMENDMENT

Section 2334(c) of Pub. L. 97-35 provided that: "The amendments

made by this section [amending this section and section 523 of

Title 11, Bankruptcy] shall become effective on the date of the

enactment of this Act [Aug. 13, 1981]."

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-598 effective Nov. 6, 1978, see section

402(d) of Pub. L. 95-598, set out as an Effective Date note

preceding section 101 of Title 11, Bankruptcy.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

42 USC Sec. 657 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 657. Distribution of collected support

-STATUTE-

(a) In general

Subject to subsections (d) and (e) of this section, an amount

collected on behalf of a family as support by a State pursuant to a

plan approved under this part shall be distributed as follows:

(1) Families receiving assistance

In the case of a family receiving assistance from the State,

the State shall -

(A) pay to the Federal Government the Federal share of the

amount so collected; and

(B) retain, or distribute to the family, the State share of

the amount so collected.

In no event shall the total of the amounts paid to the Federal

Government and retained by the State exceed the total of the

amounts that have been paid to the family as assistance by the

State.

(2) Families that formerly received assistance

In the case of a family that formerly received assistance from

the State:

(A) Current support payments

To the extent that the amount so collected does not exceed

the amount required to be paid to the family for the month in

which collected, the State shall distribute the amount so

collected to the family.

(B) Payments of arrearages

To the extent that the amount so collected exceeds the amount

required to be paid to the family for the month in which

collected, the State shall distribute the amount so collected

as follows:

(i) Distribution of arrearages that accrued after the family

ceased to receive assistance

(I) Pre-October 1997

Except as provided in subclause (II), the provisions of

this section as in effect and applied on the day before

August 22, 1996 (other than subsection (b)(1) (as so in

effect)), shall apply with respect to the distribution of

support arrearages that -

(aa) accrued after the family ceased to receive

assistance, and

(bb) are collected before October 1, 1997.

(II) Post-September 1997

With respect to the amount so collected on or after

October 1, 1997 (or before such date, at the option of the

State) -

(aa) In general

The State shall first distribute the amount so

collected (other than any amount described in clause

(iv)) to the family to the extent necessary to satisfy

any support arrearages with respect to the family that

accrued after the family ceased to receive assistance

from the State.

(bb) Reimbursement of governments for assistance provided

to the family

After the application of division (aa) and clause

(ii)(II)(aa) with respect to the amount so collected, the

State shall retain the State share of the amount so

collected, and pay to the Federal Government the Federal

share (as defined in subsection (c)(2) of this section)

of the amount so collected, but only to the extent

necessary to reimburse amounts paid to the family as

assistance by the State.

(cc) Distribution of the remainder to the family

To the extent that neither division (aa) nor division

(bb) applies to the amount so collected, the State shall

distribute the amount to the family.

(ii) Distribution of arrearages that accrued before the

family received assistance

(I) Pre-October 2000

Except as provided in subclause (II), the provisions of

this section as in effect and applied on the day before

August 22, 1996 (other than subsection (b)(1) (as so in

effect)), shall apply with respect to the distribution of

support arrearages that -

(aa) accrued before the family received assistance, and

(bb) are collected before October 1, 2000.

(II) Post-September 2000

Unless, based on the report required by paragraph (5),

the Congress determines otherwise, with respect to the

amount so collected on or after October 1, 2000 (or before

such date, at the option of the State) -

(aa) In general

The State shall first distribute the amount so

collected (other than any amount described in clause

(iv)) to the family to the extent necessary to satisfy

any support arrearages with respect to the family that

accrued before the family received assistance from the

State.

(bb) Reimbursement of governments for assistance provided

to the family

After the application of clause (i)(II)(aa) and

division (aa) with respect to the amount so collected,

the State shall retain the State share of the amount so

collected, and pay to the Federal Government the Federal

share (as defined in subsection (c)(2) of this section)

of the amount so collected, but only to the extent

necessary to reimburse amounts paid to the family as

assistance by the State.

(cc) Distribution of the remainder to the family

To the extent that neither division (aa) nor division

(bb) applies to the amount so collected, the State shall

distribute the amount to the family.

(iii) Distribution of arrearages that accrued while the

family received assistance

In the case of a family described in this subparagraph, the

provisions of paragraph (1) shall apply with respect to the

distribution of support arrearages that accrued while the

family received assistance.

(iv) Amounts collected pursuant to section 664

Notwithstanding any other provision of this section, any

amount of support collected pursuant to section 664 of this

title shall be retained by the State to the extent past-due

support has been assigned to the State as a condition of

receiving assistance from the State, up to the amount

necessary to reimburse the State for amounts paid to the

family as assistance by the State. The State shall pay to the

Federal Government the Federal share of the amounts so

retained. To the extent the amount collected pursuant to

section 664 of this title exceeds the amount so retained, the

State shall distribute the excess to the family.

(v) Ordering rules for distributions

For purposes of this subparagraph, unless an earlier

effective date is required by this section, effective October

1, 2000, the State shall treat any support arrearages

collected, except for amounts collected pursuant to section

664 of this title, as accruing in the following order:

(I) To the period after the family ceased to receive

assistance.

(II) To the period before the family received assistance.

(III) To the period while the family was receiving

assistance.

(3) Families that never received assistance

In the case of any other family, the State shall distribute the

amount so collected to the family.

(4) Families under certain agreements

In the case of an amount collected for a family in accordance

with a cooperative agreement under section 654(33) of this title,

distribute the amount so collected pursuant to the terms of the

agreement.

(5) Study and report

Not later than October 1, 1999, the Secretary shall report to

the Congress the Secretary's findings with respect to -

(A) whether the distribution of post-assistance arrearages to

families has been effective in moving people off of welfare and

keeping them off of welfare;

(B) whether early implementation of a pre-assistance

arrearage program by some States has been effective in moving

people off of welfare and keeping them off of welfare;

(C) what the overall impact has been of the amendments made

by the Personal Responsibility and Work Opportunity

Reconciliation Act of 1996 with respect to child support

enforcement in moving people off of welfare and keeping them

off of welfare; and

(D) based on the information and data the Secretary has

obtained, what changes, if any, should be made in the policies

related to the distribution of child support arrearages.

(6) State option for applicability

Notwithstanding any other provision of this subsection, a State

may elect to apply the rules described in clauses (i)(II),

(ii)(II), and (v) of paragraph (2)(B) to support arrearages

collected on and after October 1, 1998, and, if the State makes

such an election, shall apply the provisions of this section, as

in effect and applied on the day before August 22, 1996, other

than subsection (b)(1) (as so in effect), to amounts collected

before October 1, 1998.

(b) Continuation of assignments

Any rights to support obligations, assigned to a State as a

condition of receiving assistance from the State under part A of

this subchapter and in effect on September 30, 1997 (or such

earlier date, on or after August 22, 1996, as the State may

choose), shall remain assigned after such date.

(c) Definitions

As used in subsection (a) of this section:

(1) Assistance

The term "assistance from the State" means -

(A) assistance under the State program funded under part A of

this subchapter or under the State plan approved under part A

of this subchapter (as in effect on the day before August 22,

1996); and

(B) foster care maintenance payments under the State plan

approved under part E of this subchapter.

(2) Federal share

The term "Federal share" means that portion of the amount

collected resulting from the application of the Federal medical

assistance percentage in effect for the fiscal year in which the

amount is distributed.

(3) Federal medical assistance percentage

The term "Federal medical assistance percentage" means -

(A) 75 percent, in the case of Puerto Rico, the Virgin

Islands, Guam, and American Samoa; or

(B) the Federal medical assistance percentage (as defined in

section 1396d(b) of this title, as such section was in effect

on September 30, 1995) in the case of any other State.

(4) State share

The term "State share" means 100 percent minus the Federal

share.

(d) Gap payments not subject to distribution under this section

At State option, this section shall not apply to any amount

collected on behalf of a family as support by the State (and paid

to the family in addition to the amount of assistance otherwise

payable to the family) pursuant to a plan approved under this part

if such amount would have been paid to the family by the State

under section 602(a)(28) of this title, as in effect and applied on

the day before August 22, 1996.

(e) Amounts collected for child for whom foster care maintenance

payments are made

Notwithstanding the preceding provisions of this section, amounts

collected by a State as child support for months in any period on

behalf of a child for whom a public agency is making foster care

maintenance payments under part E of this subchapter -

(1) shall be retained by the State to the extent necessary to

reimburse it for the foster care maintenance payments made with

respect to the child during such period (with appropriate

reimbursement of the Federal Government to the extent of its

participation in the financing);

(2) shall be paid to the public agency responsible for

supervising the placement of the child to the extent that the

amounts collected exceed the foster care maintenance payments

made with respect to the child during such period but not the

amounts required by a court or administrative order to be paid as

support on behalf of the child during such period; and the

responsible agency may use the payments in the manner it

determines will serve the best interests of the child, including

setting such payments aside for the child's future needs or

making all or a part thereof available to the person responsible

for meeting the child's day-to-day needs; and

(3) shall be retained by the State, if any portion of the

amounts collected remains after making the payments required

under paragraphs (1) and (2), to the extent that such portion is

necessary to reimburse the State (with appropriate reimbursement

to the Federal Government to the extent of its participation in

the financing) for any past foster care maintenance payments (or

payments of assistance under the State program funded under part

A of this subchapter) which were made with respect to the child

(and with respect to which past collections have not previously

been retained);

and any balance shall be paid to the State agency responsible for

supervising the placement of the child, for use by such agency in

accordance with paragraph (2).

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 457, as added Pub. L.

93-647, Sec. 101(a), Jan. 4, 1975, 88 Stat. 2356; amended Pub. L.

95-171, Sec. 11, Nov. 12, 1977, 91 Stat. 1357; Pub. L. 97-35, title

XXIII, Sec. 2332(e), Aug. 13, 1981, 95 Stat. 862; Pub. L. 98-369,

div. B, title VI, Sec. 2640(b), July 18, 1984, 98 Stat. 1145; Pub.

L. 98-378, Secs. 7(a), 11(a), Aug. 16, 1984, 98 Stat. 1315, 1317;

Pub. L. 99-514, title XVIII, Secs. 1883(b)(6), 1899(a), Oct. 22,

1986, 100 Stat. 2917, 2957; Pub. L. 100-203, title IX, Sec.

9141(a)(1), Dec. 22, 1987, 101 Stat. 1330-321; Pub. L. 100-485,

title I, Sec. 102(b), Oct. 13, 1988, 102 Stat. 2346; Pub. L.

104-193, title III, Sec. 302(a), Aug. 22, 1996, 110 Stat. 2200;

Pub. L. 105-33, title V, Secs. 5532(a), (b)(1), (c)-(h), 5547, Aug.

5, 1997, 111 Stat. 626, 627, 632; Pub. L. 106-169, title III, Sec.

301(a), (c), title IV, Sec. 401(j), (k), Dec. 14, 1999, 113 Stat.

1857, 1858.)

-REFTEXT-

REFERENCES IN TEXT

The Personal Responsibility and Work Opportunity Reconciliation

Act of 1996, referred to in subsec. (a)(5)(C), is Pub. L. 104-193,

Aug. 22, 1996, 110 Stat. 2105. For complete classification of this

Act to the Code, see Short Title of 1996 Amendment note set out

under section 1305 of this title and Tables.

Parts A and E of this subchapter, referred to in subsecs. (b),

(c)(1), and (e), are classified to sections 601 et seq. and 670 et

seq., respectively, of this title.

-MISC1-

AMENDMENTS

1999 - Subsec. (a). Pub. L. 106-169, Sec. 301(c)(1), substituted

"subsections (d) and (e)" for "subsections (e) and (f)" in

introductory provisions.

Subsec. (a)(2)(B)(i)(I). Pub. L. 106-169, Sec. 401(j), made

technical amendment to reference in original act which appears in

text as reference to August 22, 1996.

Subsec. (a)(5)(C). Pub. L. 106-169, Sec. 401(k), substituted

"Opportunity Reconciliation Act" for "Opportunity Act".

Subsecs. (a)(6), (c)(1)(A). Pub. L. 106-169, Sec. 401(k), made

technical amendment to reference in original act which appears in

text as reference to August 22, 1996.

Subsec. (d). Pub. L. 106-169, Sec. 301(c)(2), (4), redesignated

subsec. (e) as (d) and struck out heading and text of former

subsec. (d). Text read as follows: "If -

"(1) the State share of amounts collected in the fiscal year

which could be retained to reimburse the State for amounts paid

to families as assistance by the State is less than the State

share of such amounts collected in fiscal year 1995 (determined

in accordance with this section as in effect on August 21, 1996);

and

"(2)(A) the State has distributed to families that include an

adult receiving assistance under the program under part A of this

subchapter at least 80 percent of the current support payments

collected during the preceding fiscal year on behalf of such

families, and the amounts distributed were disregarded in

determining the amount or type of assistance provided under the

program under part A of this subchapter; or

"(B) the State has distributed to families that formerly

received assistance under the program under part A of this

subchapter the State share of the amounts collected pursuant to

section 664 of this title that could have been retained as

reimbursement for assistance paid to such families,

then the State share otherwise determined for the fiscal year shall

be increased by an amount equal to one-half of the amount (if any)

by which the State share for fiscal year 1995 exceeds the State

share for the fiscal year (determined without regard to this

subsection)."

Pub. L. 106-169, Sec. 301(a), amended heading and text of subsec.

(d) generally. Prior to amendment, text read as follows: "If the

amounts collected which could be retained by the State in the

fiscal year (to the extent necessary to reimburse the State for

amounts paid to families as assistance by the State) are less than

the State share of the amounts collected in fiscal year 1995

(determined in accordance with this section as in effect on the day

before August 22, 1996), the State share for the fiscal year shall

be an amount equal to the State share in fiscal year 1995."

Pub. L. 106-169, Sec. 401(k), made technical amendment to

reference in original act which appears in text as reference to

August 22, 1996.

Subsec. (e). Pub. L. 106-169, Sec. 301(c)(4), redesignated

subsec. (f) as (e). Former subsec. (e) redesignated (d).

Pub. L. 106-169, Sec. 301(c)(3), struck out at end "For purposes

of subsection (d) of this section, the State share of such amount

paid to the family shall be considered amounts which could be

retained by the State if such payments were reported by the State

as part of the State share of amounts collected in fiscal year

1995."

Subsec. (f). Pub. L. 106-169, Sec. 301(c)(4), redesignated

subsec. (f) as (e).

1997 - Subsec. (a). Pub. L. 105-33, Sec. 5547(1), substituted

"subsections (e) and (f)" for "subsection (e)" in introductory

provisions.

Subsec. (a)(1). Pub. L. 105-33, Sec. 5532(c), inserted concluding

provisions.

Subsec. (a)(2)(B)(i)(I), (ii)(I). Pub. L. 105-33, Sec.

5532(f)(1), in introductory provisions, struck out "(other than

subsection (b)(1))" after "provisions of this section" and inserted

"(other than subsection (b)(1) (as so in effect))" after "1996".

Subsec. (a)(2)(B)(ii)(II). Pub. L. 105-33, Sec. 5532(f)(2),

substituted "paragraph (5)" for "paragraph (4)".

Subsec. (a)(4). Pub. L. 105-33, Sec. 5532(d), amended heading and

text of par. (4) generally. Prior to amendment, text read as

follows: "In the case of a family receiving assistance from an

Indian tribe, distribute the amount so collected pursuant to an

agreement entered into pursuant to a State plan under section

654(33) of this title."

Subsec. (a)(5). Pub. L. 105-33, Sec. 5532(e), substituted "1999"

for "1998" in introductory provisions.

Subsec. (a)(6). Pub. L. 105-33, Sec. 5532(b)(1), added par. (6).

Subsec. (b). Pub. L. 105-33, Sec. 5532(a), substituted "assigned"

for "which were assigned" and "and in effect on September 30, 1997

(or such earlier date, on or after August 22, 1996, as the State

may choose), shall remain assigned after such date." for "and which

were in effect on the day before August 22, 1996, shall remain

assigned after August 22, 1996."

Subsec. (c)(2). Pub. L. 105-33, Sec. 5532(h)(1), substituted "is

distributed" for "is collected".

Subsec. (c)(3)(A). Pub. L. 105-33, Sec. 5532(g), substituted "75

percent" for "the Federal medical assistance percentage (as defined

in section 1318 of this title)".

Subsec. (c)(3)(B). Pub. L. 105-33, Sec. 5532(h)(2), substituted

"as such section was in effect on September 30, 1995" for "as in

effect on September 30, 1996".

Subsec. (f). Pub. L. 105-33, Sec. 5547(2), added subsec. (f).

1996 - Pub. L. 104-193 substituted "collected support" for

"proceeds" in section catchline and amended text generally. Prior

to amendment, text consisted of subsecs. (a) to (d) relating to

distribution of amounts collected by States as child support during

15 months beginning July 1, 1975, and during any fiscal year

beginning after Sept. 30, 1976, distribution of support collected

for families whose assistance under part A of this subchapter has

terminated, and distribution of support collected on behalf of

children for whom foster care maintenance payments were being made.

1988 - Subsec. (b)(1). Pub. L. 100-485 substituted "of such

amounts as are collected periodically which represent monthly

support payments, the first $50 of any payments for a month

received in that month, and the first $50 of payments for each

prior month received in that month which were made by the absent

parent in the month when due," for "the first $50 of such amounts

as are collected periodically which represent monthly support

payments".

1987 - Subsec. (c). Pub. L. 100-203 amended subsec. (c)

generally, revising and restating as single unnumbered subsection

provisions of former pars. (1) and (2).

1986 - Subsec. (b)(3). Pub. L. 99-514, Sec. 1899(a), inserted "or

administrative" after "court".

Subsec. (c). Pub. L. 99-514, Sec. 1883(b)(6), substituted

"subsection (b)(4)(A) and (B)" for "subsection (b)(3)(A) and (B)".

1984 - Subsec. (b). Pub. L. 98-378, Sec. 11(a)(2), inserted

"(subject to subsection (d) of this section)" after "shall" in

provisions preceding par. (1).

Subsec. (b)(1). Pub. L. 98-369, Sec. 2640(b)(1), added par. (1).

Former par. (1) redesignated (2).

Subsec. (b)(2). Pub. L. 98-369, Sec. 2640(b)(1), (2)(A),

redesignated former par. (1) as (2), and inserted "which are in

excess of any amount paid to the family under paragraph (1) and".

Former par. (2) redesignated (3).

Subsec. (b)(3). Pub. L. 98-369, Sec. 2640(b)(1), (2)(B),

redesignated former par. (2) as (3), and substituted "paragraph

(2)" for "paragraph (1)". Former par. (3) redesignated (4).

Subsec. (b)(4). Pub. L. 98-369, Sec. 2640(b)(1), (2)(C),

redesignated former par. (3) as (4), and substituted "paragraphs

(1), (2), and (3)" for "paragraphs (1) and (2)".

Subsec. (c). Pub. L. 98-378, Sec. 7(a)(1), substituted "shall"

for "may" in provisions preceding par. (1).

Subsec. (c)(2). Pub. L. 98-378, Sec. 7(a)(2), substituted "any

amount so collected, which represents monthly support payments, to

the family (without requiring any formal reapplication and without

the imposition of any application fee) on the same basis as in the

case of other individuals who are not receiving assistance under

part A of this subchapter," for "the net amount of any amount so

collected, which represents monthly support payments, to the family

after deducting any costs incurred in making the collection from

the amount of any recovery made,".

Subsec. (d). Pub. L. 98-378, Sec. 11(a)(1), added subsec. (d).

1981 - Subsec. (b). Pub. L. 97-35, Sec. 2332(e)(1), substituted

in provision preceding par. (1) "as support" for "as child

support".

Subsec. (c). Pub. L. 97-35, Sec. 2332(e)(2), substituted in

provision preceding par. (1) "whom support payments" for "whom

child support payments" and in pars. (1) and (2) "amounts of

support payments" for "amounts of child support payments" in two

places and "amounts of support so" for "amounts of child support

so".

1977 - Subsec. (c). Pub. L. 95-171, Sec. 11(a)-(c), in par. (1),

substituted "amounts of child support payments which represent

monthly support payments" for "such support payments" and inserted

", which represent monthly support payments," after "amounts so

collected"; in par. (2), substituted "amounts of child support

payments which represent monthly support payments" for "such

support payments" and inserted ", which represents monthly support

payments," after "amount so collected"; changed to a comma the

period at end of par. (2); and inserted provision for distribution

of child support proceeds.

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-169, title III, Sec. 301(b), Dec. 14, 1999, 113 Stat.

1857, provided that: "The amendment made by subsection (a)

[amending this section] shall be effective with respect to calendar

quarters occurring during the period that begins on October 1,

1998, and ends on September 30, 2001."

Pub. L. 106-169, title III, Sec. 301(c), Dec. 14, 1999, 113 Stat.

1857, provided that the amendment made by section 301(c) is

effective Oct. 1, 2001.

Amendment by section 401(j), (k) of Pub. L. 106-169 effective as

if included in the enactment of the Personal Responsibility and

Work Opportunity Reconciliation Act of 1996, Pub. L. 104-193, see

section 401(q) of Pub. L. 106-169, set out as a note under section

602 of this title.

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-33 effective as if included in the

enactment of title III of the Personal Responsibility and Work

Opportunity Reconciliation Act of 1996, Pub. L. 104-193, see

section 5557 of Pub. L. 105-33, set out as a note under section 608

of this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 302(c) of Pub. L. 104-193 provided that:

"(1) In General. - Except as provided in paragraph (2), the

amendments made by this section [amending this section and sections

654 and 664 of this title] shall be effective on October 1, 1996,

or earlier at the State's option.

"(2) Conforming amendments. - The amendments made by subsection

(b)(2) [amending section 654 of this title] shall become effective

on the date of the enactment of this Act [Aug. 22, 1996]."

For provisions relating to effective date of title III of Pub. L.

104-193, see section 395(a)-(c) of Pub. L. 104-193, set out as a

note under section 654 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Section 102(c) of Pub. L. 100-485 provided that: "The amendments

made by this section [amending this section and section 602 of this

title] shall become effective on the first day of the first

calendar quarter which begins after the date of the enactment of

this Act [Oct. 13, 1988]."

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by section 1883(b)(6) of Pub. L. 99-514 effective Oct.

22, 1986, see section 1883(f) of Pub. L. 99-514, set out as a note

under section 402 of this title.

Section 1899(b) of Pub. L. 99-514 provided that: "The amendment

made by this section [amending this section] shall become effective

on the date of the enactment of this Act [Oct. 22, 1986]."

EFFECTIVE DATE OF 1984 AMENDMENTS

Section 7(b) of Pub. L. 98-378 provided that: "The amendments

made by subsection (a) [amending this section] shall become

effective October 1, 1984."

Amendment by section 11(a) of Pub. L. 98-378 effective Oct. 1,

1984, and applicable to collections made on or after that date, see

section 11(e) of Pub. L. 98-378, set out as a note under section

654 of this title.

Section 2646 of Pub. L. 98-369 provided that: "Except as

otherwise specifically provided in this subtitle [subtitle B (Secs.

2611-2646) of Pub. L. 98-369], the provisions of parts 1 and 2

[sections 2611 to 2642 of Pub. L. 98-369, enacting section 1320b-6

of this title, amending this section and sections 602, 609, 614,

615, 1320a-6, 1382 to 1382b, 1382j, and 1383 of this title and

section 51 of Title 26, Internal Revenue Code, and enacting

provisions set out as notes under sections 602, 609, 614, 1320a-6,

1382a, and 1383 of this title and section 51 of Title 26] and the

amendments made thereby shall take effect on October 1, 1984."

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Oct. 1, 1981, except as

otherwise specifically provided, see section 2336 of Pub. L. 97-35,

set out as a note under section 651 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 608, 609, 652, 654, 654b,

664, 666 of this title.

-End-

-CITE-

42 USC Sec. 658 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 658. Repealed. Pub. L. 105-200, title II, Sec. 201(f)(1), July

16, 1998, 112 Stat. 657

-MISC1-

Section, act Aug. 14, 1935, ch. 531, title IV, Sec. 458, as added

Pub. L. 93-647, Sec. 101(a), Jan. 4, 1975, 88 Stat. 2357; amended

Pub. L. 95-30, title V, Sec. 503(a), May 23, 1977, 91 Stat. 162;

Pub. L. 96-272, title III, Sec. 307, June 17, 1980, 94 Stat. 531;

Pub. L. 97-248, title I, Sec. 174(c), Sept. 3, 1982, 96 Stat. 403;

Pub. L. 98-378, Sec. 5(a), (c)(2)(A), Aug. 16, 1984, 98 Stat. 1312,

1314; Pub. L. 99-514, title XVIII, Sec. 1883(b)(7), Oct. 22, 1986,

100 Stat. 2917; Pub. L. 100-485, title I, Sec. 127, Oct. 13, 1988,

102 Stat. 2355; Pub. L. 104-193, title III, Secs. 341(a), formerly

341(b), 395(d)(1)(F), Aug. 22, 1996, 110 Stat. 2231, 2259; Pub. L.

105-33, title V, Sec. 5550(b), Aug. 5, 1997, 111 Stat. 634; Pub. L.

105-200, title II, Sec. 201(e)(1)(A), July 16, 1998, 112 Stat. 657,

related to incentive payments to States for child support

enforcement programs.

-End-

-CITE-

42 USC Sec. 658a 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 658a. Incentive payments to States

-STATUTE-

(a) In general

In addition to any other payment under this part, the Secretary

shall, subject to subsection (f) of this section, make an incentive

payment to each State for each fiscal year in an amount determined

under subsection (b) of this section.

(b) Amount of incentive payment

(1) In general

The incentive payment for a State for a fiscal year is equal to

the incentive payment pool for the fiscal year, multiplied by the

State incentive payment share for the fiscal year.

(2) Incentive payment pool

(A) In general

In paragraph (1), the term "incentive payment pool" means -

(i) $422,000,000 for fiscal year 2000;

(ii) $429,000,000 for fiscal year 2001;

(iii) $450,000,000 for fiscal year 2002;

(iv) $461,000,000 for fiscal year 2003;

(v) $454,000,000 for fiscal year 2004;

(vi) $446,000,000 for fiscal year 2005;

(vii) $458,000,000 for fiscal year 2006;

(viii) $471,000,000 for fiscal year 2007;

(ix) $483,000,000 for fiscal year 2008; and

(x) for any succeeding fiscal year, the amount of the

incentive payment pool for the fiscal year that precedes such

succeeding fiscal year, multiplied by the percentage (if any)

by which the CPI for such preceding fiscal year exceeds the

CPI for the second preceding fiscal year.

(B) CPI

For purposes of subparagraph (A), the CPI for a fiscal year

is the average of the Consumer Price Index for the 12-month

period ending on September 30 of the fiscal year. As used in

the preceding sentence, the term "Consumer Price Index" means

the last Consumer Price Index for all-urban consumers published

by the Department of Labor.

(3) State incentive payment share

In paragraph (1), the term "State incentive payment share"

means, with respect to a fiscal year -

(A) the incentive base amount for the State for the fiscal

year; divided by

(B) the sum of the incentive base amounts for all of the

States for the fiscal year.

(4) Incentive base amount

In paragraph (3), the term "incentive base amount" means, with

respect to a State and a fiscal year, the sum of the applicable

percentages (determined in accordance with paragraph (6))

multiplied by the corresponding maximum incentive base amounts

for the State for the fiscal year, with respect to each of the

following measures of State performance for the fiscal year:

(A) The paternity establishment performance level.

(B) The support order performance level.

(C) The current payment performance level.

(D) The arrearage payment performance level.

(E) The cost-effectiveness performance level.

(5) Maximum incentive base amount

(A) In general

For purposes of paragraph (4), the maximum incentive base

amount for a State for a fiscal year is -

(i) with respect to the performance measures described in

subparagraphs (A), (B), and (C) of paragraph (4), the State

collections base for the fiscal year; and

(ii) with respect to the performance measures described in

subparagraphs (D) and (E) of paragraph (4), 75 percent of the

State collections base for the fiscal year.

(B) Data required to be complete and reliable

Notwithstanding subparagraph (A), the maximum incentive base

amount for a State for a fiscal year with respect to a

performance measure described in paragraph (4) is zero, unless

the Secretary determines, on the basis of an audit performed

under section 652(a)(4)(C)(i) of this title, that the data

which the State submitted pursuant to section 654(15)(B) of

this title for the fiscal year and which is used to determine

the performance level involved is complete and reliable.

(C) State collections base

For purposes of subparagraph (A), the State collections base

for a fiscal year is equal to the sum of -

(i) 2 times the sum of -

(I) the total amount of support collected during the

fiscal year under the State plan approved under this part

in cases in which the support obligation involved is

required to be assigned to the State pursuant to part A or

E of this subchapter or subchapter XIX of this chapter; and

(II) the total amount of support collected during the

fiscal year under the State plan approved under this part

in cases in which the support obligation involved was so

assigned but, at the time of collection, is not required to

be so assigned; and

(ii) the total amount of support collected during the

fiscal year under the State plan approved under this part in

all other cases.

(6) Determination of applicable percentages based on performance

levels

(A) Paternity establishment

(i) Determination of paternity establishment performance

level

The paternity establishment performance level for a State

for a fiscal year is, at the option of the State, the IV-D

paternity establishment percentage determined under section

652(g)(2)(A) of this title or the statewide paternity

establishment percentage determined under section

652(g)(2)(B) of this title.

(ii) Determination of applicable percentage

The applicable percentage with respect to a State's

paternity establishment performance level is as follows:

If the paternity establishment performance The applicable

level is: percentage is:

At least: But less than:

--------------------------------------------------------------------

80% 100

79% 80% 98

78% 79% 96

77% 78% 94

76% 77% 92

75% 76% 90

74% 75% 88

73% 74% 86

72% 73% 84

71% 72% 82

70% 71% 80

69% 70% 79

68% 69% 78

67% 68% 77

66% 67% 76

65% 66% 75

64% 65% 74

63% 64% 73

62% 63% 72

61% 62% 71

60% 61% 70

59% 60% 69

58% 59% 68

57% 58% 67

56% 57% 66

55% 56% 65

54% 55% 64

53% 54% 63

52% 53% 62

51% 52% 61

50% 51% 60

0% 50% 0.

--------------------------------------------------------------------

Notwithstanding the preceding sentence, if the paternity

establishment performance level of a State for a fiscal year

is less than 50 percent but exceeds by at least 10 percentage

points the paternity establishment performance level of the

State for the immediately preceding fiscal year, then the

applicable percentage with respect to the State's paternity

establishment performance level is 50 percent.

(B) Establishment of child support orders

(i) Determination of support order performance level

The support order performance level for a State for a

fiscal year is the percentage of the total number of cases

under the State plan approved under this part in which there

is a support order during the fiscal year.

(ii) Determination of applicable percentage

The applicable percentage with respect to a State's support

order performance level is as follows:

If the support order performance level is: The applicable

percentage is:

At least: But less than:

--------------------------------------------------------------------

80% 100

79% 80% 98

78% 79% 96

77% 78% 94

76% 77% 92

75% 76% 90

74% 75% 88

73% 74% 86

72% 73% 84

71% 72% 82

70% 71% 80

69% 70% 79

68% 69% 78

67% 68% 77

66% 67% 76

65% 66% 75

64% 65% 74

63% 64% 73

62% 63% 72

61% 62% 71

60% 61% 70

59% 60% 69

58% 59% 68

57% 58% 67

56% 57% 66

55% 56% 65

54% 55% 64

53% 54% 63

52% 53% 62

51% 52% 61

50% 51% 60

0% 50% 0.

--------------------------------------------------------------------

Notwithstanding the preceding sentence, if the support order

performance level of a State for a fiscal year is less than

50 percent but exceeds by at least 5 percentage points the

support order performance level of the State for the

immediately preceding fiscal year, then the applicable

percentage with respect to the State's support order

performance level is 50 percent.

(C) Collections on current child support due

(i) Determination of current payment performance level

The current payment performance level for a State for a

fiscal year is equal to the total amount of current support

collected during the fiscal year under the State plan

approved under this part divided by the total amount of

current support owed during the fiscal year in all cases

under the State plan, expressed as a percentage.

(ii) Determination of applicable percentage

The applicable percentage with respect to a State's current

payment performance level is as follows:

If the current payment performance level is: The applicable

percentage is:

At least: But less than:

--------------------------------------------------------------------

80% 100

79% 80% 98

78% 79% 96

77% 78% 94

76% 77% 92

75% 76% 90

74% 75% 88

73% 74% 86

72% 73% 84

71% 72% 82

70% 71% 80

69% 70% 79

68% 69% 78

67% 68% 77

66% 67% 76

65% 66% 75

64% 65% 74

63% 64% 73

62% 63% 72

61% 62% 71

60% 61% 70

59% 60% 69

58% 59% 68

57% 58% 67

56% 57% 66

55% 56% 65

54% 55% 64

53% 54% 63

52% 53% 62

51% 52% 61

50% 51% 60

49% 50% 59

48% 49% 58

47% 48% 57

46% 47% 56

45% 46% 55

44% 45% 54

43% 44% 53

42% 43% 52

41% 42% 51

40% 41% 50

0% 40% 0.

--------------------------------------------------------------------

Notwithstanding the preceding sentence, if the current

payment performance level of a State for a fiscal year is

less than 40 percent but exceeds by at least 5 percentage

points the current payment performance level of the State for

the immediately preceding fiscal year, then the applicable

percentage with respect to the State's current payment

performance level is 50 percent.

(D) Collections on child support arrearages

(i) Determination of arrearage payment performance level

The arrearage payment performance level for a State for a

fiscal year is equal to the total number of cases under the

State plan approved under this part in which payments of

past-due child support were received during the fiscal year

and part or all of the payments were distributed to the

family to whom the past-due child support was owed (or, if

all past-due child support owed to the family was, at the

time of receipt, subject to an assignment to the State, part

or all of the payments were retained by the State) divided by

the total number of cases under the State plan in which there

is past-due child support, expressed as a percentage.

(ii) Determination of applicable percentage

The applicable percentage with respect to a State's

arrearage payment performance level is as follows:

If the arrearage payment performance level is: The applicable

percentage is:

At least: But less than:

--------------------------------------------------------------------

80% 100

79% 80% 98

78% 79% 96

77% 78% 94

76% 77% 92

75% 76% 90

74% 75% 88

73% 74% 86

72% 73% 84

71% 72% 82

70% 71% 80

69% 70% 79

68% 69% 78

67% 68% 77

66% 67% 76

65% 66% 75

64% 65% 74

63% 64% 73

62% 63% 72

61% 62% 71

60% 61% 70

59% 60% 69

58% 59% 68

57% 58% 67

56% 57% 66

55% 56% 65

54% 55% 64

53% 54% 63

52% 53% 62

51% 52% 61

50% 51% 60

49% 50% 59

48% 49% 58

47% 48% 57

46% 47% 56

45% 46% 55

44% 45% 54

43% 44% 53

42% 43% 52

41% 42% 51

40% 41% 50

0% 40% 0.

--------------------------------------------------------------------

Notwithstanding the preceding sentence, if the arrearage

payment performance level of a State for a fiscal year is

less than 40 percent but exceeds by at least 5 percentage

points the arrearage payment performance level of the State

for the immediately preceding fiscal year, then the

applicable percentage with respect to the State's arrearage

payment performance level is 50 percent.

(E) Cost-effectiveness

(i) Determination of cost-effectiveness performance level

The cost-effectiveness performance level for a State for a

fiscal year is equal to the total amount collected during the

fiscal year under the State plan approved under this part

divided by the total amount expended during the fiscal year

under the State plan, expressed as a ratio.

(ii) Determination of applicable percentage

The applicable percentage with respect to a State's

cost-effectiveness performance level is as follows:

If the cost-effectiveness performance level is: The applicable

percentage is:

At least: But less than:

--------------------------------------------------------------------

5.00 100

4.50 4.99 90

4.00 4.50 80

3.50 4.00 70

3.00 3.50 60

2.50 3.00 50

2.00 2.50 40

0.00 2.00 0.

--------------------------------------------------------------------

(c) Treatment of interstate collections

In computing incentive payments under this section, support which

is collected by a State at the request of another State shall be

treated as having been collected in full by both States, and any

amounts expended by a State in carrying out a special project

assisted under section 655(e) of this title shall be excluded.

(d) Administrative provisions

The amounts of the incentive payments to be made to the States

under this section for a fiscal year shall be estimated by the

Secretary at/or before the beginning of the fiscal year on the

basis of the best information available. The Secretary shall make

the payments for the fiscal year, on a quarterly basis (with each

quarterly payment being made no later than the beginning of the

quarter involved), in the amounts so estimated, reduced or

increased to the extent of any overpayments or underpayments which

the Secretary determines were made under this section to the States

involved for prior periods and with respect to which adjustment has

not already been made under this subsection. Upon the making of any

estimate by the Secretary under the preceding sentence, any

appropriations available for payments under this section are deemed

obligated.

(e) Regulations

The Secretary shall prescribe such regulations as may be

necessary governing the calculation of incentive payments under

this section, including directions for excluding from the

calculations certain closed cases and cases over which the States

do not have jurisdiction.

(f) Reinvestment

A State to which a payment is made under this section shall

expend the full amount of the payment to supplement, and not

supplant, other funds used by the State -

(1) to carry out the State plan approved under this part; or

(2) for any activity (including cost-effective contracts with

local agencies) approved by the Secretary, whether or not the

expenditures for the activity are eligible for reimbursement

under this part, which may contribute to improving the

effectiveness or efficiency of the State program operated under

this part.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 458, formerly Sec. 458A, as

added and renumbered Sec. 458, Pub. L. 105-200, title II, Sec.

201(a), (f)(2)(A), July 16, 1998, 112 Stat. 648, 658.)

-REFTEXT-

REFERENCES IN TEXT

Parts A and E of this subchapter, referred to in subsec.

(b)(5)(C)(i)(I), are classified to sections 601 et seq. and 670 et

seq., respectively, of this title.

-MISC1-

EFFECTIVE DATE

Pub. L. 105-200, title II, Sec. 201(g), July 16, 1998, 112 Stat.

658, provided that: "Except as otherwise provided in this section

[enacting this section, amending this section and sections 652,

655, and 658 of this title, repealing section 658 of this title,

enacting provisions set out as notes under this section and

sections 652 and 655 of this title, amending provisions set out as

notes under this section and sections 652 and 658 of this title,

and repealing provisions set out as a note under section 658 of

this title], the amendments made by this section shall take effect

on October 1, 1999."

REGULATIONS

Pub. L. 105-200, title II, Sec. 201(c), July 16, 1998, 112 Stat.

656, provided that: "Within 9 months after the date of the

enactment of this section [July 16, 1998], the Secretary of Health

and Human Services shall prescribe regulations governing the

implementation of section 458A [now 458] of the Social Security Act

[this section] when such section takes effect and the

implementation of subsection (b) of this section [formerly set out

as a note below]."

TRANSITION RULE

Pub. L. 105-200, title II, Sec. 201(b), July 16, 1998, 112 Stat.

656, provided for reductions by the Secretary of the amount

otherwise payable to a State under this section and former section

658 of this title for fiscal years 2000 and 2001.

STUDIES

Pub. L. 105-200, title II, Sec. 201(d), (f)(2)(C), July 16, 1998,

112 Stat. 656, 658, provided that:

"(1) General review of new incentive payment system. -

"(A) In general. - The Secretary of Health and Human Services

shall conduct a study of the implementation of the incentive

payment system established by section 458 of the Social Security

Act [this section], in order to identify the problems and

successes of the system.

"(B) Reports to the congress. -

"(i) Report on variations in state performance attributable

to demographic variables. - Not later than October 1, 2000, the

Secretary shall submit to the Congress a report that identifies

any demographic or economic variables that account for

differences in the performance levels achieved by the States

with respect to the performance measures used in the system,

and contains the recommendations of the Secretary for such

adjustments to the system as may be necessary to ensure that

the relative performance of States is measured from a baseline

that takes account of any such variables.

"(ii) Interim report. - Not later than March 1, 2001, the

Secretary shall submit to the Congress an interim report that

contains the findings of the study required by subparagraph

(A).

"(iii) Final report. - Not later than October 1, 2003, the

Secretary shall submit to the Congress a final report that

contains the final findings of the study required by

subparagraph (A). The report shall include any recommendations

for changes in the system that the Secretary determines would

improve the operation of the child support enforcement program.

"(2) Development of medical support incentive. -

"(A) In general. - The Secretary of Health and Human Services,

in consultation with State directors of programs operated under

part D of title IV of the Social Security Act [this part] and

representatives of children potentially eligible for medical

support, shall develop a performance measure based on the

effectiveness of States in establishing and enforcing medical

support obligations, and shall make recommendations for the

incorporation of the measure, in a revenue neutral manner, into

the incentive payment system established by section 458A [now

458] of the Social Security Act [this section].

"(B) Report. - Not later than October 1, 1999, the Secretary

shall submit to the Congress a report that describes the

performance measure and contains the recommendations required by

subparagraph (A)."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 652, 654, 654a of this

title.

-End-

-CITE-

42 USC Sec. 659 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 659. Consent by United States to income withholding,

garnishment, and similar proceedings for enforcement of child

support and alimony obligations

-STATUTE-

(a) Consent to support enforcement

Notwithstanding any other provision of law (including section 407

of this title and section 5301 of title 38), effective January 1,

1975, moneys (the entitlement to which is based upon remuneration

for employment) due from, or payable by, the United States or the

District of Columbia (including any agency, subdivision, or

instrumentality thereof) to any individual, including members of

the Armed Forces of the United States, shall be subject, in like

manner and to the same extent as if the United States or the

District of Columbia were a private person, to withholding in

accordance with State law enacted pursuant to subsections (a)(1)

and (b) of section 666 of this title and regulations of the

Secretary under such subsections, and to any other legal process

brought, by a State agency administering a program under a State

plan approved under this part or by an individual obligee, to

enforce the legal obligation of the individual to provide child

support or alimony.

(b) Consent to requirements applicable to private person

With respect to notice to withhold income pursuant to subsection

(a)(1) or (b) of section 666 of this title, or any other order or

process to enforce support obligations against an individual (if

the order or process contains or is accompanied by sufficient data

to permit prompt identification of the individual and the moneys

involved), each governmental entity specified in subsection (a) of

this section shall be subject to the same requirements as would

apply if the entity were a private person, except as otherwise

provided in this section.

(c) Designation of agent; response to notice or process

(1) Designation of agent

The head of each agency subject to this section shall -

(A) designate an agent or agents to receive orders and accept

service of process in matters relating to child support or

alimony; and

(B) annually publish in the Federal Register the designation

of the agent or agents, identified by title or position,

mailing address, and telephone number.

(2) Response to notice or process

If an agent designated pursuant to paragraph (1) of this

subsection receives notice pursuant to State procedures in effect

pursuant to subsection (a)(1) or (b) of section 666 of this

title, or is effectively served with any order, process, or

interrogatory, with respect to an individual's child support or

alimony payment obligations, the agent shall -

(A) as soon as possible (but not later than 15 days)

thereafter, send written notice of the notice or service

(together with a copy of the notice or service) to the

individual at the duty station or last-known home address of

the individual;

(B) within 30 days (or such longer period as may be

prescribed by applicable State law) after receipt of a notice

pursuant to such State procedures, comply with all applicable

provisions of section 666 of this title; and

(C) within 30 days (or such longer period as may be

prescribed by applicable State law) after effective service of

any other such order, process, or interrogatory, withhold

available sums in response to the order or process, or answer

the interrogatory.

(d) Priority of claims

If a governmental entity specified in subsection (a) of this

section receives notice or is served with process, as provided in

this section, concerning amounts owed by an individual to more than

1 person -

(1) support collection under section 666(b) of this title must

be given priority over any other process, as provided in section

666(b)(7) of this title;

(2) allocation of moneys due or payable to an individual among

claimants under section 666(b) of this title shall be governed by

section 666(b) of this title and the regulations prescribed under

such section; and

(3) such moneys as remain after compliance with paragraphs (1)

and (2) shall be available to satisfy any other such processes on

a first-come, first-served basis, with any such process being

satisfied out of such moneys as remain after the satisfaction of

all such processes which have been previously served.

(e) No requirement to vary pay cycles

A governmental entity that is affected by legal process served

for the enforcement of an individual's child support or alimony

payment obligations shall not be required to vary its normal pay

and disbursement cycle in order to comply with the legal process.

(f) Relief from liability

(1) Neither the United States, nor the government of the District

of Columbia, nor any disbursing officer shall be liable with

respect to any payment made from moneys due or payable from the

United States to any individual pursuant to legal process regular

on its face, if the payment is made in accordance with this section

and the regulations issued to carry out this section.

(2) No Federal employee whose duties include taking actions

necessary to comply with the requirements of subsection (a) of this

section with regard to any individual shall be subject under any

law to any disciplinary action or civil or criminal liability or

penalty for, or on account of, any disclosure of information made

by the employee in connection with the carrying out of such

actions.

(g) Regulations

Authority to promulgate regulations for the implementation of

this section shall, insofar as this section applies to moneys due

from (or payable by) -

(1) the United States (other than the legislative or judicial

branches of the Federal Government) or the government of the

District of Columbia, be vested in the President (or the designee

of the President);

(2) the legislative branch of the Federal Government, be vested

jointly in the President pro tempore of the Senate and the

Speaker of the House of Representatives (or their designees),(!1)

and

(3) the judicial branch of the Federal Government, be vested in

the Chief Justice of the United States (or the designee of the

Chief Justice).

(h) Moneys subject to process

(1) In general

Subject to paragraph (2), moneys payable to an individual which

are considered to be based upon remuneration for employment, for

purposes of this section -

(A) consist of -

(i) compensation payable for personal services of the

individual, whether the compensation is denominated as wages,

salary, commission, bonus, pay, allowances, or otherwise

(including severance pay, sick pay, and incentive pay);

(ii) periodic benefits (including a periodic benefit as

defined in section 428(h)(3) of this title) or other payments

-

(I) under the insurance system established by subchapter

II of this chapter;

(II) under any other system or fund established by the

United States which provides for the payment of pensions,

retirement or retired pay, annuities, dependents' or

survivors' benefits, or similar amounts payable on account

of personal services performed by the individual or any

other individual;

(III) as compensation for death under any Federal

program;

(IV) under any Federal program established to provide

"black lung" benefits; or

(V) by the Secretary of Veterans Affairs as compensation

for a service-connected disability paid by the Secretary to

a former member of the Armed Forces who is in receipt of

retired or retainer pay if the former member has waived a

portion of the retired or retainer pay in order to receive

such compensation;

(iii) worker's compensation benefits paid or payable under

Federal or State law;

(iv) benefits paid or payable under the Railroad Retirement

System,(!2) and

(v) special benefits for certain World War II veterans

payable under subchapter VIII of this chapter; but

(B) do not include any payment -

(i) by way of reimbursement or otherwise, to defray

expenses incurred by the individual in carrying out duties

associated with the employment of the individual;

(ii) as allowances for members of the uniformed services

payable pursuant to chapter 7 of title 37, as prescribed by

the Secretaries concerned (defined by section 101(5) of title

37) as necessary for the efficient performance of duty; or

(iii) of periodic benefits under title 38, except as

provided in subparagraph (A)(ii)(V).

(2) Certain amounts excluded

In determining the amount of any moneys due from, or payable

by, the United States to any individual, there shall be excluded

amounts which -

(A) are owed by the individual to the United States;

(B) are required by law to be, and are, deducted from the

remuneration or other payment involved, including Federal

employment taxes, and fines and forfeitures ordered by

court-martial;

(C) are properly withheld for Federal, State, or local income

tax purposes, if the withholding of the amounts is authorized

or required by law and if amounts withheld are not greater than

would be the case if the individual claimed all dependents to

which he was entitled (the withholding of additional amounts

pursuant to section 3402(i) of the Internal Revenue Code of

1986 may be permitted only when the individual presents

evidence of a tax obligation which supports the additional

withholding);

(D) are deducted as health insurance premiums;

(E) are deducted as normal retirement contributions (not

including amounts deducted for supplementary coverage); or

(F) are deducted as normal life insurance premiums from

salary or other remuneration for employment (not including

amounts deducted for supplementary coverage).

(i) Definitions

For purposes of this section -

(1) United States

The term "United States" includes any department, agency, or

instrumentality of the legislative, judicial, or executive branch

of the Federal Government, the United States Postal Service, the

Postal Rate Commission, any Federal corporation created by an Act

of Congress that is wholly owned by the Federal Government, and

the governments of the territories and possessions of the United

States.

(2) Child support

The term "child support", when used in reference to the legal

obligations of an individual to provide such support, means

amounts required to be paid under a judgment, decree, or order,

whether temporary, final, or subject to modification, issued by a

court or an administrative agency of competent jurisdiction, for

the support and maintenance of a child, including a child who has

attained the age of majority under the law of the issuing State,

or a child and the parent with whom the child is living, which

provides for monetary support, health care, arrearages or

reimbursement, and which may include other related costs and

fees, interest and penalties, income withholding, attorney's

fees, and other relief.

(3) Alimony

(A) In general

The term "alimony", when used in reference to the legal

obligations of an individual to provide the same, means

periodic payments of funds for the support and maintenance of

the spouse (or former spouse) of the individual, and (subject

to and in accordance with State law) includes separate

maintenance, alimony pendente lite, maintenance, and spousal

support, and includes attorney's fees, interest, and court

costs when and to the extent that the same are expressly made

recoverable as such pursuant to a decree, order, or judgment

issued in accordance with applicable State law by a court of

competent jurisdiction.

(B) Exceptions

Such term does not include -

(i) any child support; or

(ii) any payment or transfer of property or its value by an

individual to the spouse or a former spouse of the individual

in compliance with any community property settlement,

equitable distribution of property, or other division of

property between spouses or former spouses.

(4) Private person

The term "private person" means a person who does not have

sovereign or other special immunity or privilege which causes the

person not to be subject to legal process.

(5) Legal process

The term "legal process" means any writ, order, summons, or

other similar process in the nature of garnishment -

(A) which is issued by -

(i) a court or an administrative agency of competent

jurisdiction in any State, territory, or possession of the

United States;

(ii) a court or an administrative agency of competent

jurisdiction in any foreign country with which the United

States has entered into an agreement which requires the

United States to honor the process; or

(iii) an authorized official pursuant to an order of such a

court or an administrative agency of competent jurisdiction

or pursuant to State or local law; and

(B) which is directed to, and the purpose of which is to

compel, a governmental entity which holds moneys which are

otherwise payable to an individual to make a payment from the

moneys to another party in order to satisfy a legal obligation

of the individual to provide child support or make alimony

payments.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 459, as added Pub. L.

93-647, Sec. 101(a), Jan. 4, 1975, 88 Stat. 2357; amended Pub. L.

95-30, title V, Sec. 501(a), (b), May 23, 1977, 91 Stat. 157; Pub.

L. 98-21, title III, Sec. 335(b)(1), Apr. 20, 1983, 97 Stat. 130;

Pub. L. 104-193, title III, Sec. 362(a), Aug. 22, 1996, 110 Stat.

2242; Pub. L. 105-33, title V, Sec. 5542(a), (b), Aug. 5, 1997, 111

Stat. 631; Pub. L. 106-169, title II, Sec. 251(b)(3), Dec. 14,

1999, 113 Stat. 1855.)

-REFTEXT-

REFERENCES IN TEXT

The Internal Revenue Code of 1986, referred to in subsec.

(h)(2)(C), is classified generally to Title 26, Internal Revenue

Code.

-MISC1-

AMENDMENTS

1999 - Subsec. (h)(1)(A)(v). Pub. L. 106-169 added cl. (v).

1997 - Subsec. (c)(2)(C). Pub. L. 105-33, Sec. 5542(a),

substituted "withhold available sums in response to the order or

process, or answer the interrogatory" for "respond to the order,

process, or interrogatory".

Subsec. (h)(1). Pub. L. 105-33, Sec. 5542(b)(1), struck out "paid

or" after "moneys" in introductory provisions.

Subsec. (h)(1)(A)(i). Pub. L. 105-33, Sec. 5542(b)(1), struck out

"paid or" before "payable".

Subsec. (h)(1)(A)(iii). Pub. L. 105-33, Sec. 5542(b)(2)(B)(i),

inserted "or payable" after "paid".

Subsec. (h)(1)(A)(iv). Pub. L. 105-33, Sec. 5542(b)(2)(A),

(B)(ii), (C), added cl. (iv).

Subsec. (h)(1)(B)(iii). Pub. L. 105-33, Sec. 5542(b)(3), added

cl. (iii).

1996 - Pub. L. 104-193 amended section catchline and text

generally. Prior to amendment, text consisted of subsecs. (a) to

(f) relating to use of legal process to collect money payable to an

individual as remuneration for employment by the United States or

the District of Columbia for purpose of enforcing individual's

legal obligation to provide child support or make alimony payments.

1983 - Subsec. (a). Pub. L. 98-21 inserted reference to section

407 of this title.

1977 - Subsec. (a). Pub. L. 95-30, Sec. 501(a), (b)(1),

designated existing provisions as subsec. (a) and substituted "or

the District of Columbia (including any agency, subdivision, or

instrumentality thereof)" for "(including any agency or

instrumentality thereof and any wholly owned Federal Corporation)"

and "as if the United States or the District of Columbia were a

private person" for "as if the United States were a private

person".

Subsecs. (b) to (f). Pub. L. 95-30, Sec. 501(b)(2), added

subsecs. (b) to (f).

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-33 effective as if included in the

enactment of title III of the Personal Responsibility and Work

Opportunity Reconciliation Act of 1996, Pub. L. 104-193, see

section 5557 of Pub. L. 105-33, set out as a note under section 608

of this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 362(d) of Pub. L. 104-193 provided that: "The amendments

made by this section [amending this section, section 5520a of Title

5, Government Organization and Employees, and section 1408 of Title

10, Armed Forces, and repealing sections 661 and 662 of this title]

shall become effective 6 months after the date of the enactment of

this Act [Aug. 22, 1996]."

For provisions relating to effective date of title III of Pub. L.

104-193, see section 395(a)-(c) of Pub. L. 104-193, set out as a

note under section 654 of this title.

-EXEC-

EXECUTIVE ORDER NO. 11881

Ex. Ord. No. 11881, Oct. 3, 1975, 40 F.R. 46291, which related to

the delegation of authority to issue regulations for the

implementation of the provisions of this section, was revoked by

Ex. Ord. No. 12105, Dec. 19, 1978, 43 F.R. 59465, set out as a note

below.

EX. ORD. NO. 12105. DELEGATION OF AUTHORITY TO PROMULGATE

REGULATIONS

Ex. Ord. No. 12105, Dec. 19, 1978, 43 F.R. 59465, as amended by

Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:

By virtue of the authority vested in me by Section 461(a)(1) of

the Social Security Act, as added by Section 501(c) of the Tax

Reduction and Simplification Act of 1977 (Public Law 95-30, 91

Stat. 158, 42 U.S.C. 661(a)(1)), and Section 301 of Title 3 of the

United States Code, and as President of the United States of

America, in order to provide for the enforcement of legal

obligations to provide child support or make alimony payments

incurred by employees of the Executive branch, it is hereby ordered

as follows:

1-1. DELEGATION OF AUTHORITY

1-101. The Office of Personnel Management, in consultation with

the Attorney General, the Secretary of Defense with respect to

members of the armed forces, and the Mayor of the District of

Columbia with respect to employees of the Government thereof, is

authorized to promulgate regulations for the uniform implementation

of Section 459 of the Social Security Act, as amended (42 U.S.C.

659), hereinafter referred to as the Act.

1-102. The regulations promulgated by the Office of Personnel

Management pursuant to this Order shall:

(a) Be applicable to the Executive branch of the Government as

defined in Section 461(a)(1) of the Act (42 U.S.C. 661(a)(1)).

(b) Require the appropriate officials of the Executive branch of

the Government to take the actions prescribed by Sections

461(b)(1), 461(b)(3)(A) and 461(c) of the Act (42 U.S.C. 661(b)(1),

661(b)(3)(A) and 661(c)).

(c) Require the appropriate officials of the Executive branch of

the Government to issue such rules, regulations and directives as

are necessary to implement the regulations of the Office of

Personnel Management.

1-2. REVOCATIONS

1-201. Executive Order No. 11881 of October 3, 1975 is revoked.

1-202. All regulations, directives, or actions taken by the

Office of Personnel Management pursuant to Executive Order No.

11881 of October 3, 1975 shall remain in effect until modified,

superseded or revoked by the Office of Personnel Management

pursuant to this Order.

Jimmy Carter.

EX. ORD. NO. 12953. ACTIONS REQUIRED OF ALL EXECUTIVE AGENCIES TO

FACILITATE PAYMENT OF CHILD SUPPORT

Ex. Ord. No. 12953, Feb. 27, 1995, 60 F.R. 11013, provided:

Children need and deserve the emotional and financial support of

both their parents.

The Federal Government requires States and, through them, public

and private employers to take actions necessary to ensure that

monies in payment of child support obligations are withheld and

transferred to the child's caretaker in an efficient and

expeditious manner.

The Federal Government, through its civilian employees and

Uniformed Services members, is the Nation's largest single employer

and as such should set an example of leadership and encouragement

in ensuring that all children are properly supported.

NOW, THEREFORE, by the authority vested in me as President by the

Constitution and the laws of the United States of America,

including section 301 of title 3, United States Code, it is hereby

ordered as follows:

-MISC2-

PART I - PURPOSE

Section 101. This executive order: (a) Establishes the executive

branch of the Federal Government, through its civilian employees

and Uniformed Services members, as a model employer in promoting

and facilitating the establishment and enforcement of child

support.

(b) Requires all Federal agencies, including the Uniformed

Services, to cooperate fully in efforts to establish paternity and

child support orders and to enforce the collection of child and

medical support in all situations where such actions may be

required.

(c) Requires each Federal agency, including the Uniformed

Services, to provide information to its employees and members about

actions that they should take and services that are available to

ensure that their children are provided the support to which they

are legally entitled.

PART 2 - DEFINITIONS

For purposes of this order:

Sec. 201. "Federal agency" means any authority as defined at 5

U.S.C. 105, including the Uniformed Services, as defined in section

202 of this order.

Sec. 202. "Uniformed Services" means the Army, Navy, Marine

Corps, Air Force, Coast Guard, and the Commissioned Corps of the

National Oceanic and Atmospheric Administration, and the Public

Health Service.

Sec. 203. "Child support enforcement" means any administrative or

judicial action by a court or administrative entity of a State

necessary to establish paternity or establish a child support

order, including a medical support order, and any actions necessary

to enforce a child support or medical support order. Child support

actions may be brought under the civil or criminal laws of a State

and are not limited to actions brought on behalf of the State or

individual by State agencies providing services under title IV-D of

the Social Security Act, 42 U.S.C. 651 et seq.

Sec. 204. "State" means any of the fifty States, the District of

Columbia, the territories, the possessions, and the Commonwealths

of Puerto Rico and of the Mariana Islands.

PART 3 - IMMEDIATE ACTIONS TO ENSURE CHILDREN ARE SUPPORTED BY

THEIR PARENTS

Sec. 301. Wage Withholding. (a) Within 60 days from the date of

this order, every Federal agency shall review its procedures for

wage withholding under 42 U.S.C. 659 and implementing regulations

to ensure that it is in full compliance with the requirements of

that section, and shall endeavor, to the extent feasible, to

process wage withholding actions consistent with the requirements

of 42 U.S.C. 666(b).

(b) Beginning no later than July 1, 1995, the Director of the

Office of Personnel Management (OPM) shall publish annually in the

Federal Register the list of agents (and their addresses)

designated to receive service of withholding notices for Federal

employees.

Sec. 302. Service of Legal Process. Every Federal agency shall

assist in the service of legal process in civil actions pursuant to

orders of courts of States to establish paternity and establish or

enforce a support obligation by making Federal employees and

members of the Uniformed Services stationed outside the United

States available for the service of process. Each agency shall

designate an official who shall be responsible for facilitating a

Federal employee's or member's availability for service of process,

regardless of the location of the employee's workplace or member's

duty station. The OPM shall publish a list of these officials

annually in the Federal Register, beginning no later than July 1,

1995.

Sec. 303. Federal Parent Locator. Every Federal agency shall

cooperate with the Federal Parent Locator Service, established

under 42 U.S.C. 653, by providing complete, timely and accurate

information that will assist in locating noncustodial parents and

their employers.

Sec. 304. Crossmatch for Delinquent Obligors. (a) The master file

of delinquent obligors that each State child support enforcement

agency submits to the Internal Revenue Service for Federal income

tax refund offset purposes shall be matched at least annually with

the payroll or personnel files of Federal agencies in order to

determine if there are any Federal employees with child support

delinquencies. The list of matches shall be forwarded to the

appropriate State child support enforcement agency to determine, in

each instance, whether wage withholding or other enforcement

actions should be commenced. All matches will be performed in

accordance with 5 U.S.C. 552a(o)-(u).

(b) All Federal agencies shall inform current and prospective

employees that crossmatches are routinely made between Federal

personnel records and State records on individuals who owe child

support, and inform employees how to initiate voluntary wage

withholding requests.

Sec. 305. Availability of Service. All Federal agencies shall

advise current and prospective employees of services authorized

under title IV-D of the Social Security Act [42 U.S.C. 651 et seq.]

that are available through the States. At a minimum, information

shall be provided annually to current employees through the

Employee Assistance Program, or similar programs, and to new

employees during routine orientation.

Sec. 306. Report on Actions Taken. Within 90 days of the date of

this order, all Federal agencies shall report to the Director of

the Office of Management and Budget (OMB) on the actions they have

taken to comply with this order and any statutory, regulatory, and

administrative barriers that hinder them from complying with the

requirements of part 3 of this order.

PART 4 - ADDITIONAL ACTIONS

Sec. 401. Additional Review for the Uniformed Services. (a) In

addition to the requirements outlined above, the Secretary of the

Department of Defense (DOD) will chair a task force, with

participation by the Department of Health and Human Services (HHS),

the Department of Commerce, and the Department of Transportation,

that shall conduct a full review of current policies and practices

within the Uniformed Services to ensure that children of Uniformed

Services personnel are provided financial and medical support in

the same manner and within the same time frames as is mandated for

all other children due such support. This review shall include, but

not be limited to, issues related to withholding non-custodial

parents' wages, service of legal process, activities to locate

parents and their income and assets, release time to attend civil

paternity and support proceedings, and health insurance coverage

under the Civilian Health and Medical Program of the Uniformed

Services (CHAMPUS). All relevant existing statutes, including the

Soldiers['] and Sailors['] Civil Relief Act of 1940 [50 App. U.S.C.

501 et seq.], the Uniformed Services Former Spouses['] Protection

Act [see Short Title of 1982 Amendment note set out under section

1401 of Title 10, Armed Forces], and the Tax Equity and Fiscal

Responsibility Act of 1982 [Pub. L. 97-248, see Tables for

classification], shall be reviewed and appropriate legislative

modifications shall be identified.

(b) Within 180 days of the date of this order, DOD shall submit

to OMB a report based on this review. The report shall recommend

additional policy, regulatory and legislative changes that would

improve and enhance the Federal Government's commitment to ensuring

parental support for all children.

Sec. 402. Additional Federal Agency Actions. (a) OPM and HHS

shall jointly study and prepare recommendations concerning

additional administrative, regulatory, and legislative improvements

in the policies and procedures of Federal agencies affecting child

support enforcement. Other agencies shall be included in the

development of recommendations for specific items as appropriate.

The recommendations shall address, among other things:

(i) any changes that would be needed to ensure that Federal

employees comply with child support orders that require them to

provide health insurance coverage for their children;

(ii) changes needed to ensure that more accurate and up-to-date

data about civilian and uniformed personnel who are being sought in

conjunction with State paternity or child support actions can be

obtained from Federal agencies and their payroll and personnel

records, to improve efforts to locate noncustodial parents and

their income and assets;

(iii) changes needed for selecting Federal agencies to test and

evaluate new approaches to the establishment and enforcement of

child support obligations;

(iv) proposals to improve service of process for civilian

employees and members of the Uniformed Services stationed outside

the United States, including the possibility of serving process by

certified mail in establishment and enforcement cases or of

designating an agent for service of process that would have the

same effect and bind employees to the same extent as actual service

upon the employees;

(v) strategies to facilitate compliance with Federal and State

child support requirements by quasi-governmental agencies, advisory

groups, and commissions; and

(vi) analysis of whether compliance with support orders should be

a factor used in defining suitability for Federal employment.

(b) The recommendations are due within 180 days of the date of

this order. The recommendations are to be submitted in writing to

the Office of Management and Budget.

Sec. 501. Internal Management. This order is intended only to

improve the internal management of the executive branch with regard

to child support enforcement and shall not be interpreted to create

any right or benefit, substantive or procedural, enforceable at law

by a party against the United States, its officers, or any other

person.

Sec. 502. Sovereignty of the United States Government. This order

is intended only to provide that the Federal Government has elected

to require Federal agencies to adhere to the same standards as are

applicable to all other employers in the Nation and shall not be

interpreted as subjecting the Federal Government to any State law

or requirement. This order should not be construed as a waiver of

the sovereign immunity of the United States Government or of any

existing statutory or regulatory provisions, including 42 U.S.C.

659, 662, and 665; 5 CFR Part 581; 42 CFR Part 21, Subpart C; 32

CFR Part 54; and 32 CFR Part 81.

Sec. 503. Defense and Security.

This order is not intended to require any action that would

compromise the defense or national security interest of the United

States.

William J. Clinton.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 654 of this title; title 5

sections 5520a, 8437; title 10 section 1408; title 22 section

3612a.

-FOOTNOTE-

(!1) So in original. The comma probably should be a semicolon.

(!2) So in original. The comma probably should be a semicolon.

-End-

-CITE-

42 USC Sec. 659a 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 659a. International support enforcement

-STATUTE-

(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.

-SOURCE-

(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.)

-MISC1-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

42 USC Sec. 660 01/06/03

-EXPCITE-

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