Legislación
US (United States) Code. Title 42. Chapter 7: Social Security
-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-
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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-
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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-
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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-
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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
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| Enviado por: | El remitente no desea revelar su nombre |
| Idioma: | inglés |
| País: | Estados Unidos |
Todos los derechos reservados.