SUBCHAPTER IV—GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE SERVICES
Amendments
1968—
1962—
Subchapter Referred to in Other Sections
This subchapter is referred to in
Part A—Block Grants to States for Temporary Assistance for Needy Families
Prior Provisions
A prior part A relating to aid to families with dependent children and consisting of
Part Referred to in Other Sections
This part is referred to in
§601. Purpose
(a) In general
The purpose of this part is to increase the flexibility of States in operating a program designed to—
(1) provide assistance to needy families so that children may be cared for in their own homes or in the homes of relatives;
(2) end the dependence of needy parents on government benefits by promoting job preparation, work, and marriage;
(3) prevent and reduce the incidence of out-of-wedlock pregnancies and establish annual numerical goals for preventing and reducing the incidence of these pregnancies; and
(4) encourage the formation and maintenance of two-parent families.
(b) No individual entitlement
This part shall not be interpreted to entitle any individual or family to assistance under any State program funded under this part.
(Aug. 14, 1935, ch. 531, title IV, §401, as added
Prior Provisions
A prior section 601, acts Aug. 14, 1935, ch. 531, title IV, §401,
Amendments
1997—
Effective Date of 1997 Amendment
Amendment by
Effective Date
Section 116 of title I of
"(a)
"(1)
"(2)
"(A) July 1, 1997; or
"(B) the date that is 6 months after the date the Secretary of Health and Human Services receives from the State a plan described in section 402(a) of the Social Security Act [
"(3)
"(4)
"(5)
"(6)
"(b)
"(1)
"(A)
"(i) on and after the date of such receipt—
"(I) except as provided in clause (ii), this title and the amendments made by this title (other than by section 103(c) of this Act [amending
"(II) the State shall be considered an eligible State for purposes of part A of title IV of the Social Security Act [this part] (as in effect pursuant to the amendments made by such section 103(a)); and
"(ii) during the period that begins on the date of such receipt and ends on the later of June 30, 1997, or the day before the date described in subsection (a)(2)(B) of this section, there shall remain in effect with respect to the State—
"(I) section 403(h) of the Social Security Act [
"(II) all State reporting requirements under parts A and F of title IV of the Social Security Act [this part and part F of this subchapter] (as in effect on September 30, 1995), modified by the Secretary as appropriate, taking into account the State program under part A of title IV of the Social Security Act (as in effect pursuant to the amendments made by such section 103(a)).
"(B)
"(i)
"(ii) Under temporary family assistance program.—Notwithstanding section 403(a)(1) of the Social Security Act [
"(I) for fiscal year 1996, shall be an amount equal to—
"(aa) the State family assistance grant; multiplied by
"(bb) 1/366 of the number of days during the period that begins on the date the Secretary of Health and Human Services first receives from the State a plan described in section 402(a) of the Social Security Act [
"(II) for fiscal year 1997, shall be an amount equal to the lesser of—
"(aa) the amount (if any) by which the sum of the State family assistance grant and the amount, if any, that the State would have been eligible to be paid under the Contingency Fund for State Welfare Programs established under section 403(b) of the Social Security Act [
"(bb) the sum of the State family assistance grant, multiplied by 1/365 of the number of days during the period that begins on October 1, 1996, or the date the Secretary of Health and Human Services first receives from the State a plan described in section 402(a) of the Social Security Act (as added by the amendment made by section 103(a)(1) of this Act), whichever is later, and ends on September 30, 1997, and the amount, if any, that the State would have been eligible to be paid under the Contingency Fund for State Welfare Programs established under section 403(b) of the Social Security Act (as amended by section 103(a)(1) of this Act), during the period beginning on October 1, 1996, and ending on the date the Secretary of Health and Human Services first receives from the State a plan described in section 402(a) of the Social Security Act (as so amended) if, with respect to such State, the effective date of this Act [title] under subsection (a)(1) were August 22, 1996.
"(iii)
"(C)
"(i) the State's acceptance of the grant reductions under subparagraph (B) (including the formula for computing the amount of the reduction); and
"(ii) the termination of any entitlement of any individual or family to benefits or services under the State AFDC program.
"(D)
"(i)
"(ii)
"(iii)
"(2)
"(A) powers, duties, functions, rights, claims, penalties, or obligations applicable to aid, assistance, or services provided before the effective date of this title under the provisions amended; and
"(B) administrative actions and proceedings commenced before such date, or authorized before such date to be commenced, under such provisions.
"(3)
"(A) use the single audit procedure to review and resolve any claims in connection with the close out of programs under such State plans; and
"(B) reimburse States for any payments made for assistance or services provided during a prior fiscal year from funds for fiscal year 1995, rather than from funds authorized by this title.
"(4)
"(A) continue to serve in such position; and
"(B) except as otherwise provided by law—
"(i) continue to perform the functions of the Assistant Secretary for Family Support under section 417 of the Social Security Act [
"(ii) have the powers and duties of the Assistant Secretary for Family Support under section 416 of the Social Security Act [
"(c)
Congressional Findings
Section 101 of
"(1) Marriage is the foundation of a successful society.
"(2) Marriage is an essential institution of a successful society which promotes the interests of children.
"(3) Promotion of responsible fatherhood and motherhood is integral to successful child rearing and the well-being of children.
"(4) In 1992, only 54 percent of single-parent families with children had a child support order established and, of that 54 percent, only about one-half received the full amount due. Of the cases enforced through the public child support enforcement system, only 18 percent of the caseload has a collection.
"(5) The number of individuals receiving aid to families with dependent children (in this section referred to as 'AFDC') has more than tripled since 1965. More than two-thirds of these recipients are children. Eighty-nine percent of children receiving AFDC benefits now live in homes in which no father is present.
"(A)(i) The average monthly number of children receiving AFDC benefits—
"(I) was 3,300,000 in 1965;
"(II) was 6,200,000 in 1970;
"(III) was 7,400,000 in 1980; and
"(IV) was 9,300,000 in 1992.
"(ii) While the number of children receiving AFDC benefits increased nearly threefold between 1965 and 1992, the total number of children in the United States aged 0 to 18 has declined by 5.5 percent.
"(B) The Department of Health and Human Services has estimated that 12,000,000 children will receive AFDC benefits within 10 years.
"(C) The increase in the number of children receiving public assistance is closely related to the increase in births to unmarried women. Between 1970 and 1991, the percentage of live births to unmarried women increased nearly threefold, from 10.7 percent to 29.5 percent.
"(6) The increase of out-of-wedlock pregnancies and births is well documented as follows:
"(A) It is estimated that the rate of nonmarital teen pregnancy rose 23 percent from 54 pregnancies per 1,000 unmarried teenagers in 1976 to 66.7 pregnancies in 1991. The overall rate of nonmarital pregnancy rose 14 percent from 90.8 pregnancies per 1,000 unmarried women in 1980 to 103 in both 1991 and 1992. In contrast, the overall pregnancy rate for married couples decreased 7.3 percent between 1980 and 1991, from 126.9 pregnancies per 1,000 married women in 1980 to 117.6 pregnancies in 1991.
"(B) The total of all out-of-wedlock births between 1970 and 1991 has risen from 10.7 percent to 29.5 percent and if the current trend continues, 50 percent of all births by the year 2015 will be out-of-wedlock.
"(7) An effective strategy to combat teenage pregnancy must address the issue of male responsibility, including statutory rape culpability and prevention. The increase of teenage pregnancies among the youngest girls is particularly severe and is linked to predatory sexual practices by men who are significantly older.
"(A) It is estimated that in the late 1980's, the rate for girls age 14 and under giving birth increased 26 percent.
"(B) Data indicates that at least half of the children born to teenage mothers are fathered by adult men. Available data suggests that almost 70 percent of births to teenage girls are fathered by men over age 20.
"(C) Surveys of teen mothers have revealed that a majority of such mothers have histories of sexual and physical abuse, primarily with older adult men.
"(8) The negative consequences of an out-of-wedlock birth on the mother, the child, the family, and society are well documented as follows:
"(A) Young women 17 and under who give birth outside of marriage are more likely to go on public assistance and to spend more years on welfare once enrolled. These combined effects of 'younger and longer' increase total AFDC costs per household by 25 percent to 30 percent for 17-year-olds.
"(B) Children born out-of-wedlock have a substantially higher risk of being born at a very low or moderately low birth weight.
"(C) Children born out-of-wedlock are more likely to experience low verbal cognitive attainment, as well as more child abuse, and neglect.
"(D) Children born out-of-wedlock were more likely to have lower cognitive scores, lower educational aspirations, and a greater likelihood of becoming teenage parents themselves.
"(E) Being born out-of-wedlock significantly reduces the chances of the child growing up to have an intact marriage.
"(F) Children born out-of-wedlock are 3 times more likely to be on welfare when they grow up.
"(9) Currently 35 percent of children in single-parent homes were born out-of-wedlock, nearly the same percentage as that of children in single-parent homes whose parents are divorced (37 percent). While many parents find themselves, through divorce or tragic circumstances beyond their control, facing the difficult task of raising children alone, nevertheless, the negative consequences of raising children in single-parent homes are well documented as follows:
"(A) Only 9 percent of married-couple families with children under 18 years of age have income below the national poverty level. In contrast, 46 percent of female-headed households with children under 18 years of age are below the national poverty level.
"(B) Among single-parent families, nearly ½ of the mothers who never married received AFDC while only 1/5 of divorced mothers received AFDC.
"(C) Children born into families receiving welfare assistance are 3 times more likely to be on welfare when they reach adulthood than children not born into families receiving welfare.
"(D) Mothers under 20 years of age are at the greatest risk of bearing low birth weight babies.
"(E) The younger the single-parent mother, the less likely she is to finish high school.
"(F) Young women who have children before finishing high school are more likely to receive welfare assistance for a longer period of time.
"(G) Between 1985 and 1990, the public cost of births to teenage mothers under the aid to families with dependent children program, the food stamp program, and the medicaid program has been estimated at $120,000,000,000.
"(H) The absence of a father in the life of a child has a negative effect on school performance and peer adjustment.
"(I) Children of teenage single parents have lower cognitive scores, lower educational aspirations, and a greater likelihood of becoming teenage parents themselves.
"(J) Children of single-parent homes are 3 times more likely to fail and repeat a year in grade school than are children from intact 2-parent families.
"(K) Children from single-parent homes are almost 4 times more likely to be expelled or suspended from school.
"(L) Neighborhoods with larger percentages of youth aged 12 through 20 and areas with higher percentages of single-parent households have higher rates of violent crime.
"(M) Of those youth held for criminal offenses within the State juvenile justice system, only 29.8 percent lived primarily in a home with both parents. In contrast to these incarcerated youth, 73.9 percent of the 62,800,000 children in the Nation's resident population were living with both parents.
"(10) Therefore, in light of this demonstration of the crisis in our Nation, it is the sense of the Congress that prevention of out-of-wedlock pregnancy and reduction in out-of-wedlock birth are very important Government interests and the policy contained in part A of title IV of the Social Security Act [this part] (as amended by section 103(a) of this Act) is intended to address the crisis."
Appropriation by State Legislatures
Section 901 of
"(a)
"(b)
"(1) Part A of title IV of the Social Security Act [this part] (relating to block grants for temporary assistance for needy families).
"(2) The Child Care and Development Block Grant Act of 1990 [
Section Referred to in Other Sections
This section is referred to in
§602. Eligible States; State plan
(a) In general
As used in this part, the term "eligible State" means, with respect to a fiscal year, a State that, during the 27-month period ending with the close of the 1st quarter of the fiscal year, has submitted to the Secretary a plan that the Secretary has found includes the following:
(1) Outline of family assistance program
(A) General provisions
A written document that outlines how the State intends to do the following:
(i) Conduct a program, designed to serve all political subdivisions in the State (not necessarily in a uniform manner), that provides assistance to needy families with (or expecting) children and provides parents with job preparation, work, and support services to enable them to leave the program and become self-sufficient.
(ii) Require a parent or caretaker receiving assistance under the program to engage in work (as defined by the State) once the State determines the parent or caretaker is ready to engage in work, or once the parent or caretaker has received assistance under the program for 24 months (whether or not consecutive), whichever is earlier, consistent with
(iii) Ensure that parents and caretakers receiving assistance under the program engage in work activities in accordance with
(iv) Take such reasonable steps as the State deems necessary to restrict the use and disclosure of information about individuals and families receiving assistance under the program attributable to funds provided by the Federal Government.
(v) Establish goals and take action to prevent and reduce the incidence of out-of-wedlock pregnancies, with special emphasis on teenage pregnancies, and establish numerical goals for reducing the illegitimacy ratio of the State (as defined in
(vi) Conduct a program, designed to reach State and local law enforcement officials, the education system, and relevant counseling services, that provides education and training on the problem of statutory rape so that teenage pregnancy prevention programs may be expanded in scope to include men.
(B) Special provisions
(i) The document shall indicate whether the State intends to treat families moving into the State from another State differently than other families under the program, and if so, how the State intends to treat such families under the program.
(ii) The document shall indicate whether the State intends to provide assistance under the program to individuals who are not citizens of the United States, and if so, shall include an overview of such assistance.
(iii) The document shall set forth objective criteria for the delivery of benefits and the determination of eligibility and for fair and equitable treatment, including an explanation of how the State will provide opportunities for recipients who have been adversely affected to be heard in a State administrative or appeal process.
(iv) Not later than 1 year after August 22, 1996, unless the chief executive officer of the State opts out of this provision by notifying the Secretary, a State shall, consistent with the exception provided in
(2) Certification that the State will operate a child support enforcement program
A certification by the chief executive officer of the State that, during the fiscal year, the State will operate a child support enforcement program under the State plan approved under part D of this subchapter.
(3) Certification that the State will operate a foster care and adoption assistance program
A certification by the chief executive officer of the State that, during the fiscal year, the State will operate a foster care and adoption assistance program under the State plan approved under part E of this subchapter, and that the State will take such actions as are necessary to ensure that children receiving assistance under such part are eligible for medical assistance under the State plan under subchapter XIX of this chapter.
(4) Certification of the administration of the program
A certification by the chief executive officer of the State specifying which State agency or agencies will administer and supervise the program referred to in paragraph (1) for the fiscal year, which shall include assurances that local governments and private sector organizations—
(A) have been consulted regarding the plan and design of welfare services in the State so that services are provided in a manner appropriate to local populations; and
(B) have had at least 45 days to submit comments on the plan and the design of such services.
(5) Certification that the State will provide Indians with equitable access to assistance
A certification by the chief executive officer of the State that, during the fiscal year, the State will provide each member of an Indian tribe, who is domiciled in the State and is not eligible for assistance under a tribal family assistance plan approved under
(6) Certification of standards and procedures to ensure against program fraud and abuse
A certification by the chief executive officer of the State that the State has established and is enforcing standards and procedures to ensure against program fraud and abuse, including standards and procedures concerning nepotism, conflicts of interest among individuals responsible for the administration and supervision of the State program, kickbacks, and the use of political patronage.
(7) Optional certification of standards and procedures to ensure that the State will screen for and identify domestic violence
(A) In general
At the option of the State, a certification by the chief executive officer of the State that the State has established and is enforcing standards and procedures to—
(i) screen and identify individuals receiving assistance under this part with a history of domestic violence while maintaining the confidentiality of such individuals;
(ii) refer such individuals to counseling and supportive services; and
(iii) waive, pursuant to a determination of good cause, other program requirements such as time limits (for so long as necessary) for individuals receiving assistance, residency requirements, child support cooperation requirements, and family cap provisions, in cases where compliance with such requirements would make it more difficult for individuals receiving assistance under this part to escape domestic violence or unfairly penalize such individuals who are or have been victimized by such violence, or individuals who are at risk of further domestic violence.
(B) "Domestic violence" defined
For purposes of this paragraph, the term "domestic violence" has the same meaning as the term "battered or subjected to extreme cruelty", as defined in
(b) Plan amendments
Within 30 days after a State amends a plan submitted pursuant to subsection (a) of this section, the State shall notify the Secretary of the amendment.
(c) Public availability of State plan summary
The State shall make available to the public a summary of any plan or plan amendment submitted by the State under this section.
(Aug. 14, 1935, ch. 531, title IV, §402, as added
References in Text
Parts D and E of this subchapter, referred to in subsec. (a)(2), (3), are classified to sections 651 et seq. and 670 et seq., respectively, of this title.
Prior Provisions
A prior section 602, acts Aug. 14, 1935, ch. 531, title IV, §402,
Amendments
1999—Subsec. (a)(1)(B)(iv).
1997—
Subsec. (a).
Subsec. (a)(1)(A)(ii).
Subsec. (a)(1)(A)(v).
Subsec. (b).
Subsec. (c).
Effective Date of 1999 Amendment
Effective Date of 1997 Amendment
Amendment by section 5514(c) of
Section 5518(a) of title V of
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
Demonstration of Family Independence Program
Section 9121 of
Child Support Demonstration Program in New York State
Section 9122 of
Utility Payments Made by Tenants in Assisted Housing
Exclusion From Income
Section 159 of
State Plans To Disregard Earned Income of Individuals in Determination of Need for Aid; Effective Date
Section 202(d) of
Section Referred to in Other Sections
This section is referred to in
§603. Grants to States
(a) Grants
(1) Family assistance grant
(A) In general
Each eligible State shall be entitled to receive from the Secretary, for each of fiscal years 1996, 1997, 1998, 1999, 2000, 2001, and 2002, a grant in an amount equal to the State family assistance grant.
(B) "State family assistance grant" defined
As used in this part, the term "State family assistance grant" means the greatest of—
(i) 1/3 of the total amount required to be paid to the State under former
(ii)(I) the total amount required to be paid to the State under former
(II) an amount equal to 85 percent of the amount (if any) by which the total amount required to be paid to the State under former
(iii) 4/3 of the total amount required to be paid to the State under former
(C) "Total amount required to be paid to the State under former section 603" defined
As used in this part, the term "total amount required to be paid to the State under former
(i) in the case of a State to which
(I) the Federal share of maintenance assistance expenditures for the fiscal year, before reduction pursuant to subparagraph (B) or (C) of
(II) the Federal share of administrative expenditures (including administrative expenditures for the development of management information systems) for the fiscal year, as reported by the State on ACF Form 231;
(III) the Federal share of emergency assistance expenditures for the fiscal year, as reported by the State on ACF Form 231;
(IV) the Federal share of expenditures for the fiscal year with respect to child care pursuant to subsections (g) and (i) of former
(V) the Federal obligations made to the State under
(ii) in the case of a State to which
(I) the sum described in clause (i); or
(II) the total amount certified by the Secretary under former
(D) Information to be used in determining amounts
(i) For fiscal years 1992 and 1993
(I) In determining the amounts described in subclauses (I) through (IV) of subparagraph (C)(i) for any State for each of fiscal years 1992 and 1993, the Secretary shall use information available as of April 28, 1995.
(II) In determining the amount described in subparagraph (C)(i)(V) for any State for each of fiscal years 1992 and 1993, the Secretary shall use information available as of January 6, 1995.
(ii) For fiscal year 1994
In determining the amounts described in subparagraph (C)(i) for any State for fiscal year 1994, the Secretary shall use information available as of April 28, 1995.
(iii) For fiscal year 1995
(I) In determining the amount described in subparagraph (B)(ii)(II) for any State for fiscal year 1995, the Secretary shall use the information which was reported by the States and estimates made by the States with respect to emergency assistance expenditures and was available as of August 11, 1995.
(II) In determining the amounts described in subclauses (I) through (III) of subparagraph (C)(i) for any State for fiscal year 1995, the Secretary shall use information available as of October 2, 1995.
(III) In determining the amount described in subparagraph (C)(i)(IV) for any State for fiscal year 1995, the Secretary shall use information available as of February 28, 1996.
(IV) In determining the amount described in subparagraph (C)(i)(V) for any State for fiscal year 1995, the Secretary shall use information available as of October 5, 1995.
(E) Appropriation
Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated for fiscal years 1996, 1997, 1998, 1999, 2000, 2001, and 2002 such sums as are necessary for grants under this paragraph.
(2) Bonus to reward decrease in illegitimacy ratio
(A) In general
Each eligible State shall be entitled to receive from the Secretary a grant for each bonus year.
(B) Amount of grant
(i) In general
If, for a bonus year, none of the eligible States is Guam, the Virgin Islands, or American Samoa, then the amount of the grant shall be—
(I) $20,000,000 if there are 5 eligible States; or
(II) $25,000,000 if there are fewer than 5 eligible States.
(ii) Amount if certain territories are eligible
If, for a bonus year, Guam, the Virgin Islands, or American Samoa is an eligible State, then the amount of the grant shall be—
(I) in the case of such a territory, 25 percent of the mandatory ceiling amount (as defined in
(II) in the case of a State that is not such a territory—
(aa) if there are 5 eligible States other than such territories, $20,000,000, minus 1/5 of the total amount of the grants payable under this paragraph to such territories for the bonus year; or
(bb) if there are fewer than 5 such eligible States, $25,000,000, or such lesser amount as may be necessary to ensure that the total amount of grants payable under this paragraph for the bonus year does not exceed $100,000,000.
(C) Definitions
As used in this paragraph:
(i) Eligible State
(I) In general
The term "eligible State" means a State that the Secretary determines meets the following requirements:
(aa) The State demonstrates that the illegitimacy ratio of the State for the most recent 2-year period for which such information is available decreased as compared to the illegitimacy ratio of the State for the previous 2-year period, and the magnitude of the decrease for the State for the period is not exceeded by the magnitude of the corresponding decrease for 5 or more other States for the period. In the case of a State that is not a territory specified in subparagraph (B), the comparative magnitude of the decrease for the State shall be determined without regard to the magnitude of the corresponding decrease for any such territory.
(bb) The rate of induced pregnancy terminations in the State for the calendar year for which the most recent data are available is less than the rate of induced pregnancy terminations in the State for calendar year 1995.
(II) Disregard of changes in data due to changed reporting methods
In making the determination required by subclause (I), the Secretary shall disregard—
(aa) any difference between the illegitimacy ratio of a State for a calendar year and the illegitimacy ratio of a State for calendar year 1995 which is attributable to a change in State methods of reporting data used to calculate the illegitimacy ratio; and
(bb) any difference between the rate of induced pregnancy terminations in a State for a calendar year and such rate for calendar year 1995 which is attributable to a change in State methods of reporting data used to calculate such rate.
(ii) Bonus year
The term "bonus year" means calendar years 1999, 2000, 2001, and 2002.
(iii) Illegitimacy ratio
The term "illegitimacy ratio" means, with respect to a State and a period—
(I) the number of out-of-wedlock births to mothers residing in the State that occurred during the period; divided by
(II) the number of births to mothers residing in the State that occurred during the period.
(D) Appropriation
Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated for fiscal years 1999 through 2002, such sums as are necessary for grants under this paragraph.
(3) Supplemental grant for population increases in certain States
(A) In general
Each qualifying State shall, subject to subparagraph (F), be entitled to receive from the Secretary—
(i) for fiscal year 1998 a grant in an amount equal to 2.5 percent of the total amount required to be paid to the State under former
(ii) for each of fiscal years 1999, 2000, and 2001, a grant in an amount equal to the sum of—
(I) the amount (if any) required to be paid to the State under this paragraph for the immediately preceding fiscal year; and
(II) 2.5 percent of the sum of—
(aa) the total amount required to be paid to the State under former
(bb) the amount (if any) required to be paid to the State under this paragraph for the fiscal year preceding the fiscal year for which the grant is to be made.
(B) Preservation of grant without increases for States failing to remain qualifying States
Each State that is not a qualifying State for a fiscal year specified in subparagraph (A)(ii) but was a qualifying State for a prior fiscal year shall, subject to subparagraph (F), be entitled to receive from the Secretary for the specified fiscal year, a grant in an amount equal to the amount required to be paid to the State under this paragraph for the most recent fiscal year for which the State was a qualifying State.
(C) Qualifying State
(i) In general
For purposes of this paragraph, a State is a qualifying State for a fiscal year if—
(I) the level of welfare spending per poor person by the State for the immediately preceding fiscal year is less than the national average level of State welfare spending per poor person for such preceding fiscal year; and
(II) the population growth rate of the State (as determined by the Bureau of the Census) for the most recent fiscal year for which information is available exceeds the average population growth rate for all States (as so determined) for such most recent fiscal year.
(ii) State must qualify in fiscal year 1998
Notwithstanding clause (i), a State shall not be a qualifying State for any fiscal year after 1998 by reason of clause (i) if the State is not a qualifying State for fiscal year 1998 by reason of clause (i).
(iii) Certain States deemed qualifying States
For purposes of this paragraph, a State is deemed to be a qualifying State for fiscal years 1998, 1999, 2000, and 2001 if—
(I) the level of welfare spending per poor person by the State for fiscal year 1994 is less than 35 percent of the national average level of State welfare spending per poor person for fiscal year 1994; or
(II) the population of the State increased by more than 10 percent from April 1, 1990 to July 1, 1994, according to the population estimates in publication CB94–204 of the Bureau of the Census.
(D) Definitions
As used in this paragraph:
(i) Level of welfare spending per poor person
The term "level of State welfare spending per poor person" means, with respect to a State and a fiscal year—
(I) the sum of—
(aa) the total amount required to be paid to the State under former
(bb) the amount (if any) paid to the State under this paragraph for the immediately preceding fiscal year; divided by
(II) the number of individuals, according to the 1990 decennial census, who were residents of the State and whose income was below the poverty line.
(ii) National average level of State welfare spending per poor person
The term "national average level of State welfare spending per poor person" means, with respect to a fiscal year, an amount equal to—
(I) the total amount required to be paid to the States under former
(II) the number of individuals, according to the 1990 decennial census, who were residents of any State and whose income was below the poverty line.
(iii) State
The term "State" means each of the 50 States of the United States and the District of Columbia.
(E) Appropriation
Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated for fiscal years 1998, 1999, 2000, and 2001 such sums as are necessary for grants under this paragraph, in a total amount not to exceed $800,000,000.
(F) Grants reduced pro rata if insufficient appropriations
If the amount appropriated pursuant to this paragraph for a fiscal year is less than the total amount of payments otherwise required to be made under this paragraph for the fiscal year, then the amount otherwise payable to any State for the fiscal year under this paragraph shall be reduced by a percentage equal to the amount so appropriated divided by such total amount.
(G) Budget scoring
Notwithstanding
(4) Bonus to reward high performance States
(A) In general
The Secretary shall make a grant pursuant to this paragraph to each State for each bonus year for which the State is a high performing State.
(B) Amount of grant
(i) In general
Subject to clause (ii) of this subparagraph, the Secretary shall determine the amount of the grant payable under this paragraph to a high performing State for a bonus year, which shall be based on the score assigned to the State under subparagraph (D)(i) for the fiscal year that immediately precedes the bonus year.
(ii) Limitation
The amount payable to a State under this paragraph for a bonus year shall not exceed 5 percent of the State family assistance grant.
(C) Formula for measuring State performance
Not later than 1 year after August 22, 1996, the Secretary, in consultation with the National Governors' Association and the American Public Welfare Association, shall develop a formula for measuring State performance in operating the State program funded under this part so as to achieve the goals set forth in
(D) Scoring of State performance; setting of performance thresholds
For each bonus year, the Secretary shall—
(i) use the formula developed under subparagraph (C) to assign a score to each eligible State for the fiscal year that immediately precedes the bonus year; and
(ii) prescribe a performance threshold in such a manner so as to ensure that—
(I) the average annual total amount of grants to be made under this paragraph for each bonus year equals $200,000,000; and
(II) the total amount of grants to be made under this paragraph for all bonus years equals $1,000,000,000.
(E) Definitions
As used in this paragraph:
(i) Bonus year
The term "bonus year" means fiscal years 1999, 2000, 2001, 2002, and 2003.
(ii) High performing State
The term "high performing State" means, with respect to a bonus year, an eligible State whose score assigned pursuant to subparagraph (D)(i) for the fiscal year immediately preceding the bonus year equals or exceeds the performance threshold prescribed under subparagraph (D)(ii) for such preceding fiscal year.
(F) Appropriation
Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated for fiscal years 1999 through 2003 $1,000,000,000 for grants under this paragraph.
(5) Welfare-to-work grants
(A) Formula grants
(i) Entitlement
A State shall be entitled to receive from the Secretary of Labor a grant for each fiscal year specified in subparagraph (I) of this paragraph for which the State is a welfare-to-work State, in an amount that does not exceed the lesser of—
(I) 2 times the total of the expenditures by the State (excluding qualified State expenditures (as defined in
(II) the allotment of the State under clause (iii) of this subparagraph for the fiscal year.
(ii) Welfare-to-work State
A State shall be considered a welfare-to-work State for a fiscal year for purposes of this paragraph if the Secretary of Labor determines that the State meets the following requirements:
(I) The State has submitted to the Secretary of Labor and the Secretary of Health and Human Services (in the form of an addendum to the State plan submitted under
(aa) describes how, consistent with this subparagraph, the State will use any funds provided under this subparagraph during the fiscal year;
(bb) specifies the formula to be used pursuant to clause (vi) to distribute funds in the State, and describes the process by which the formula was developed;
(cc) contains evidence that the plan was developed in consultation and coordination with appropriate entitites in sub-State areas;
(dd) contains assurances by the Governor of the State that the private industry council (and any alternate agency designated by the Governor under item (ee)) for a service delivery area in the State will coordinate the expenditure of any funds provided under this subparagraph for the benefit of the service delivery area with the expenditure of the funds provided to the State under paragraph (1);
(ee) if the Governor of the State desires to have an agency other than a private industry council administer the funds provided under this subparagraph for the benefit of 1 or more service delivery areas in the State, contains an application to the Secretary of Labor for a waiver of clause (vii)(I) with respect to the area or areas in order to permit an alternate agency designated by the Governor to so administer the funds; and
(ff) describes how the State will ensure that a private industry council to which information is disclosed pursuant to
(II) The State has provided to the Secretary of Labor an estimate of the amount that the State intends to expend during the period permitted under subparagraph (C)(vii) of this paragraph for the expenditure of funds under the grant (excluding expenditures described in
(III) The State has agreed to negotiate in good faith with the Secretary of Health and Human Services with respect to the substance and funding of any evaluation under
(IV) The State is an eligible State for the fiscal year.
(V) The State certifies that qualified State expenditures (within the meaning of
(iii) Allotments to welfare-to-work States
(I) In general
Subject to this clause, the allotment of a welfare-to-work State for a fiscal year shall be the available amount for the fiscal year, multiplied by the State percentage for the fiscal year.
(II) Minimum allotment
The allotment of a welfare-to-work State (other than Guam, the Virgin Islands, or American Samoa) for a fiscal year shall not be less than 0.25 percent of the available amount for the fiscal year.
(III) Pro rata reduction
Subject to subclause (II), the Secretary of Labor shall make pro rata reductions in the allotments to States under this clause for a fiscal year as necessary to ensure that the total of the allotments does not exceed the available amount for the fiscal year.
(iv) Available amount
As used in this subparagraph, the term "available amount" means, for a fiscal year, the sum of—
(I) 75 percent of the sum of—
(aa) the amount specified in subparagraph (I) for the fiscal year, minus the total of the amounts reserved pursuant to subparagraphs (E), (F), (G), and (H) for the fiscal year; and
(bb) any amount reserved pursuant to subparagraph (F) for the immediately preceding fiscal year that has not been obligated; and
(II) any available amount for the immediately preceding fiscal year that has not been obligated by a State, other than funds reserved by the State for distribution under clause (vi)(III) and funds distributed pursuant to clause (vi)(I) in any State in which the service delivery area is the State.
(v) State percentage
As used in clause (iii), the term "State percentage" means, with respect to a fiscal year, ½ of the sum of—
(I) the percentage represented by the number of individuals in the State whose income is less than the poverty line divided by the number of such individuals in the United States; and
(II) the percentage represented by the number of adults who are recipients of assistance under the State program funded under this part divided by the number of adults in the United States who are recipients of assistance under any State program funded under this part.
(vi) Procedure for distribution of funds within States
(I) Allocation formula
A State to which a grant is made under this subparagraph shall devise a formula for allocating not less than 85 percent of the amount of the grant among the service delivery areas in the State, which—
(aa) determines the amount to be allocated for the benefit of a service delivery area in proportion to the number (if any) by which the population of the area with an income that is less than the poverty line exceeds 7.5 percent of the total population of the area, relative to such number for all such areas in the State with such an excess, and accords a weight of not less than 50 percent to this factor;
(bb) may determine the amount to be allocated for the benefit of such an area in proportion to the number of adults residing in the area who have been recipients of assistance under the State program funded under this part (whether in effect before or after the amendments made by section 103(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 first applied to the State) for at least 30 months (whether or not consecutive) relative to the number of such adults residing in the State; and
(cc) may determine the amount to be allocated for the benefit of such an area in proportion to the number of unemployed individuals residing in the area relative to the number of such individuals residing in the State.
(II) Distribution of funds
(aa) In general
If the amount allocated by the formula to a service delivery area is at least $100,000, the State shall distribute the amount to the entity administering the grant in the area.
(bb) Special rule
If the amount allocated by the formula to a service delivery area is less than $100,000, the sum shall be available for distribution in the State under subclause (III) during the fiscal year.
(III) Projects to help long-term recipients of assistance enter unsubsidized jobs
The Governor of a State to which a grant is made under this subparagraph may distribute not more than 15 percent of the grant funds (plus any amount required to be distributed under this subclause by reason of subclause (II)(bb)) to projects that appear likely to help long-term recipients of assistance under the State program funded under this part (whether in effect before or after the amendments made by section 103(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 first applied to the State) enter unsubsidized employment.
(vii) Administration
(I) Private industry councils
The private industry council for a service delivery area in a State shall have sole authority, in coordination with the chief elected official (as described in section 103(c) of the Job Training Partnership Act [
(II) Enforcement of coordination of expenditures with other expenditures under this part
Notwithstanding subclause (I) of this clause, on a determination by the Governor of a State that a private industry council (or an alternate agency described in clause (ii)(I)(dd)) has used funds provided under this subparagraph in a manner inconsistent with the assurances described in clause (ii)(I)(dd)—
(aa) the private industry council (or such alternate agency) shall remit the funds to the Governor; and
(bb) the Governor shall apply to the Secretary of Labor for a waiver of subclause (I) of this clause with respect to the service delivery area or areas involved in order to permit an alternate agency designated by the Governor to administer the funds in accordance with the assurances.
(III) Authority to permit use of alternate administering agency
The Secretary of Labor shall approve an application submitted under clause (ii)(I)(ee) or subclause (II)(bb) of this clause to waive subclause (I) of this clause with respect to 1 or more service delivery areas if the Secretary determines that the alternate agency designated in the application would improve the effectiveness or efficiency of the administration of amounts distributed under clause (vi)(II)(aa) for the benefit of the area or areas.
(viii) Data to be used in determining the number of adult TANF recipients
For purposes of this subparagraph, the number of adult recipients of assistance under a State program funded under this part for a fiscal year shall be determined using data for the most recent 12-month period for which such data is available before the beginning of the fiscal year.
(ix) Reversion of unallotted formula funds
If at the end of any fiscal year any funds available under this subparagraph have not been allotted due to a determination by the Secretary that any State has not met the requirements of clause (ii), such funds shall be transferred to the General Fund of the Treasury of the United States.
(B) Competitive grants
(i) In general
The Secretary of Labor shall award grants in accordance with this subparagraph, in fiscal years 1998 and 1999, for projects proposed by eligible applicants, based on the following:
(I) The effectiveness of the proposal in—
(aa) expanding the base of knowledge about programs aimed at moving recipients of assistance under State programs funded under this part who are least job ready into unsubsidized employment.
(bb) moving recipients of assistance under State programs funded under this part who are least job ready into unsubsidized employment; and
(cc) moving recipients of assistance under State programs funded under this part who are least job ready into unsubsidized employment, even in labor markets that have a shortage of low-skill jobs.
(II) At the discretion of the Secretary of Labor, any of the following:
(aa) The history of success of the applicant in moving individuals with multiple barriers into work.
(bb) Evidence of the applicant's ability to leverage private, State, and local resources.
(cc) Use by the applicant of State and local resources beyond those required by subparagraph (A).
(dd) Plans of the applicant to coordinate with other organizations at the local and State level.
(ee) Use by the applicant of current or former recipients of assistance under a State program funded under this part as mentors, case managers, or service providers.
(ii) Eligible applicants
As used in clause (i), the term "eligible applicant" means a private industry council for a service delivery area in a State, a political subdivision of a State, or a private entity applying in conjunction with the private industry council for such a service delivery area or with such a political subdivision, that submits a proposal developed in consultation with the Governor of the State.
(iii) Determination of grant amount
In determining the amount of a grant to be made under this subparagraph for a project proposed by an applicant, the Secretary of Labor shall provide the applicant with an amount sufficient to ensure that the project has a reasonable opportunity to be successful, taking into account the number of long-term recipients of assistance under a State program funded under this part, the level of unemployment, the job opportunities and job growth, the poverty rate, and such other factors as the Secretary of Labor deems appropriate, in the area to be served by the project.
(iv) Consideration of needs of rural areas and cities with large concentrations of poverty
In making grants under this subparagraph, the Secretary of Labor shall consider the needs of rural areas and cities with large concentrations of residents with an income that is less than the poverty line.
(v) Funding
For grants under this subparagraph for each fiscal year specified in subparagraph (I), there shall be available to the Secretary of Labor an amount equal to the sum of—
(I) 25 percent of the sum of—
(aa) the amount specified in subparagraph (I) for the fiscal year, minus the total of the amounts reserved pursuant to subparagraphs (E), (F), (G), and (H) for the fiscal year; and
(bb) any amount reserved pursuant to subparagraph (F) for the immediately preceding fiscal year that has not been obligated; and
(II) any amount available for grants under this subparagraph for the immediately preceding fiscal year that has not been obligated.
(C) Limitations on use of funds
(i) Allowable activities
An entity to which funds are provided under this paragraph shall use the funds to move individuals into and keep individuals in lasting unsubsidized employment by means of any of the following:
(I) The conduct and administration of community service or work experience programs.
(II) Job creation through public or private sector employment wage subsidies.
(III) On-the-job training.
(IV) Contracts with public or private providers of readiness, placement, and post-employment services, or if the entity is not a private industry council or workforce investment board, the direct provision of such services.
(V) Job vouchers for placement, readiness, and postemployment services.
(VI) Job retention or support services if such services are not otherwise available.
(VII) Not more than 6 months of vocational educational or job training.
Contracts or vouchers for job placement services supported by such funds must require that at least ½ of the payment occur after an eligible individual placed into the workforce has been in the workforce for 6 months.
(ii) General eligibility
An entity that operates a project with funds provided under this paragraph may expend funds provided to the project for the benefit of recipients of assistance under the program funded under this part of the State in which the entity is located who—
(I) has received assistance under the State program funded under this part (whether in effect before or after the amendments made by section 103 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 first apply to the State) for at least 30 months (whether or not consecutive); or
(II) within 12 months, will become ineligible for assistance under the State program funded under this part by reason of a durational limit on such assistance, without regard to any exemption provided pursuant to
(iii) Noncustodial parents
An entity that operates a project with funds provided under this paragraph may use the funds to provide services in a form described in clause (i) to noncustodial parents with respect to whom the requirements of the following subclauses are met:
(I) The noncustodial parent is unemployed, underemployed, or having difficulty in paying child support obligations.
(II) At least 1 of the following applies to a minor child of the noncustodial parent (with preference in the determination of the noncustodial parents to be provided services under this paragraph to be provided by the entity to those noncustodial parents with minor children who meet, or who have custodial parents who meet, the requirements of item (aa)):
(aa) The minor child or the custodial parent of the minor child meets the requirements of subclause (I) or (II) of clause (ii).
(bb) The minor child is eligible for, or is receiving, benefits under the program funded under this part.
(cc) The minor child received benefits under the program funded under this part in the 12-month period preceding the date of the determination but no longer receives such benefits.
(dd) The minor child is eligible for, or is receiving, assistance under the Food Stamp Act of 1977 [
(III) In the case of a noncustodial parent who becomes enrolled in the project on or after November 29, 1999, the noncustodial parent is in compliance with the terms of an oral or written personal responsibility contract entered into among the noncustodial parent, the entity, and (unless the entity demonstrates to the Secretary that the entity is not capable of coordinating with such agency) the agency responsible for administering the State plan under part D of this subchapter, which was developed taking into account the employment and child support status of the noncustodial parent, which was entered into not later than 30 (or, at the option of the entity, not later than 90) days after the noncustodial parent was enrolled in the project, and which, at a minimum, includes the following:
(aa) A commitment by the noncustodial parent to cooperate, at the earliest opportunity, in the establishment of the paternity of the minor child, through voluntary acknowledgement or other procedures, and in the establishment of a child support order.
(bb) A commitment by the noncustodial parent to cooperate in the payment of child support for the minor child, which may include a modification of an existing support order to take into account the ability of the noncustodial parent to pay such support and the participation of such parent in the project.
(cc) A commitment by the noncustodial parent to participate in employment or related activities that will enable the noncustodial parent to make regular child support payments, and if the noncustodial parent has not attained 20 years of age, such related activities may include completion of high school, a general equivalency degree, or other education directly related to employment.
(dd) A description of the services to be provided under this paragraph, and a commitment by the noncustodial parent to participate in such services, that are designed to assist the noncustodial parent obtain and retain employment, increase earnings, and enhance the financial and emotional contributions to the well-being of the minor child.
In order to protect custodial parents and children who may be at risk of domestic violence, the preceding provisions of this subclause shall not be construed to affect any other provision of law requiring a custodial parent to cooperate in establishing the paternity of a child or establishing or enforcing a support order with respect to a child, or entitling a custodial parent to refuse, for good cause, to provide such cooperation as a condition of assistance or benefit under any program, shall not be construed to require such cooperation by the custodial parent as a condition of participation of either parent in the program authorized under this paragraph, and shall not be construed to require a custodial parent to cooperate with or participate in any activity under this clause. The entity operating a project under this clause with funds provided under this paragraph shall consult with domestic violence prevention and intervention organizations in the development of the project.
(iv) Targeting of hard to employ individuals with characteristics associated with long-term welfare dependence
An entity that operates a project with funds provided under this paragraph may expend not more than 30 percent of all funds provided to the project for programs that provide assistance in a form described in clause (i)—
(I) to recipients of assistance under the program funded under this part of the State in which the entity is located who have characteristics associated with long-term welfare dependence (such as school dropout, teen pregnancy, or poor work history), including, at the option of the State, by providing assistance in such form as a condition of receiving assistance under the State program funded under this part;
(II) to children—
(aa) who have attained 18 years of age but not 25 years of age; and
(bb) who, before attaining 18 years of age, were recipients of foster care maintenance payments (as defined in
(III) to recipients of assistance under the State program funded under this part, determined to have significant barriers to self-sufficiency, pursuant to criteria established by the local private industry council; or
(IV) to custodial parents with incomes below 100 percent of the poverty line (as defined in
To the extent that the entity does not expend such funds in accordance with the preceding sentence, the entity shall expend such funds in accordance with clauses (ii) and (iii) and, as appropriate, clause (v).
(v) Authority to provide work-related services to individuals who have reached the 5-year limit
An entity that operates a project with funds provided under this paragraph may use the funds to provide assistance in a form described in clause (i) of this subparagraph to, or for the benefit of, individuals who (but for
(vi) Relationship to other provisions of this part
(I) Rules governing use of funds
The rules of
(II) Rules governing payments to States
The Secretary of Labor shall carry out the functions otherwise assigned by
(III) Administration
(vii) Prohibition against use of grant funds for any other fund matching requirement
An entity to which funds are provided under this paragraph shall not use any part of the funds, nor any part of State expenditures made to match the funds, to fulfill any obligation of any State, political subdivision, or private industry council to contribute funds under subsection (b) of this section or
(viii) Deadline for expenditure
An entity to which funds are provided under this paragraph shall remit to the Secretary of Labor any part of the funds that are not expended within 3 years after the date the funds are so provided.
(ix) Regulations
Within 90 days after August 5, 1997, the Secretary of Labor, after consultation with the Secretary of Health and Human Services and the Secretary of Housing and Urban Development, shall prescribe such regulations as may be necessary to implement this paragraph.
(x) Reporting requirements
The Secretary of Labor, in consultation with the Secretary of Health and Human Services, States, and organizations that represent State or local governments, shall establish requirements for the collection and maintenance of financial and participant information and the reporting of such information by entities carrying out activities under this paragraph.
(D) Definitions
(i) Individuals with income less than the poverty line
For purposes of this paragraph, the number of individuals with an income that is less than the poverty line shall be determined for a fiscal year—
(I) based on the methodology used by the Bureau of the Census to produce and publish intercensal poverty data for States and counties (or, in the case of Puerto Rico, the Virgin Islands, Guam, and American Samoa, other poverty data selected by the Secretary of Labor); and
(II) using data for the most recent year for which such data is available before the beginning of the fiscal year.
(ii) Private industry council
As used in this paragraph, the term "private industry council" means, with respect to a service delivery area, the private industry council or local workforce investment board established for the service delivery area pursuant to the Job Training Partnership Act [
(iii) Service delivery area
As used in this paragraph, the term "service delivery area" shall have the meaning given such term for purposes of the Job Training Partnership Act [
(E) Set-aside for successful performance bonus
(i) In general
The Secretary of Labor shall award a grant in accordance with this subparagraph to each successful performance State in fiscal year 2000, but shall not make any outlay to pay any such grant before October 1, 2000.
(ii) Amount of grant
The Secretary of Labor shall determine the amount of the grant payable under this subparagraph to a successful performance State, which shall be based on the score assigned to the State under clause (iv)(I)(aa) for such prior period as the Secretary of Labor deems appropriate.
(iii) Formula for measuring State performance
Not later than 1 year after August 5, 1997, the Secretary of Labor, in consultation with the Secretary of Health and Human Services, the National Governors' Association, and the American Public Welfare Association, shall develop a formula for measuring—
(I) the success of States in placing individuals in private sector employment or in any kind of employment, through programs operated with funds provided under subparagraph (A);
(II) the duration of such placements;
(III) any increase in the earnings of such individuals; and
(IV) such other factors as the Secretary of Labor deems appropriate concerning the activities of the States with respect to such individuals.
The formula may take into account general economic conditions on a State-by-State basis.
(iv) Scoring of State performance; setting of performance thresholds
(I) In general
The Secretary of Labor shall—
(aa) use the formula developed under clause (iii) to assign a score to each State that was a welfare-to-work State for fiscal years 1998 and 1999; and
(bb) prescribe a performance threshold in such a manner so as to ensure that the total amount of grants to be made under this paragraph equals $50,000,000.
(II) Availability of welfare-to-work data submitted to the Secretary of HHS
The Secretary of Health and Human Services shall provide the Secretary of Labor with the data reported by States under this part with respect to programs operated with funds provided under subparagraph (A).
(v) "Successful performance State" defined
As used in this subparagraph, the term "successful performance State" means a State whose score assigned pursuant to clause (iv)(I)(aa) equals or exceeds the performance threshold prescribed under clause (iv)(I)(bb).
(vi) Set-aside
$50,000,000 of the amount specified in subparagraph (I) for fiscal year 1999 shall be reserved for grants under this subparagraph.
(F) Funding for Indian tribes
1 percent of the amount specified in subparagraph (I) for fiscal year 1998 and $1,500,000 of the amount so specified for fiscal year 1999 shall be reserved for grants to Indian tribes under
(G) Funding for evaluations of welfare-to-work programs
0.6 percent of the amount specified in subparagraph (I) for fiscal year 1998 and $900,000 of the amount so specified for fiscal year 1999 shall be reserved for use by the Secretary to carry out
(H) Funding for evaluation of abstinence education programs
(i) In general
0.2 percent of the amount specified in subparagraph (I) for fiscal year 1998 and $300,000 of the amount so specified for fiscal year 1999 shall be reserved for use by the Secretary to evaluate programs under
(ii) Authority to use funds for evaluations of welfare-to-work programs
Any such amount not required for such evaluations shall be available for use by the Secretary to carry out
(iii) Deadline for outlays
Outlays from funds used pursuant to clause (i) for evaluation of programs under
(I) Appropriations
(i) In general
Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated for grants under this paragraph—
(I) $1,500,000,000 for fiscal year 1998; and
(II) $1,450,000,000 for fiscal year 1999.
(ii) Availability
The amounts made available pursuant to clause (i) shall remain available for such period as is necessary to make the grants provided for in this paragraph.
(J) Worker protections
(i) Nondisplacement in work activities
(I) General prohibition
Subject to this clause, an adult in a family receiving assistance attributable to funds provided under this paragraph may fill a vacant employment position in order to engage in a work activity.
(II) Prohibition against violation of contracts
A work activity engaged in under a program operated with funds provided under this paragraph shall not violate an existing contract for services or a collective bargaining agreement, and such a work activity that would violate a collective bargaining agreement shall not be undertaken without the written concurrence of the labor organization and employer concerned.
(III) Other prohibitions
An adult participant in a work activity engaged in under a program operated with funds provided under this paragraph shall not be employed or assigned—
(aa) when any other individual is on layoff from the same or any substantially equivalent job;
(bb) if the employer has terminated the employment of any regular employee or otherwise caused an involuntary reduction in its workforce with the intention of filling the vacancy so created with the participant; or
(cc) if the employer has caused an involuntary reduction to less than full time in hours of any employee in the same or a substantially equivalent job.
(ii) Health and safety
Health and safety standards established under Federal and State law otherwise applicable to working conditions of employees shall be equally applicable to working conditions of other participants engaged in a work activity under a program operated with funds provided under this paragraph.
(iii) Nondiscrimination
In addition to the protections provided under the provisions of law specified in
(iv) Grievance procedure
(I) In general
Each State to which a grant is made under this paragraph shall establish and maintain a procedure for grievances or complaints from employees alleging violations of clause (i) and participants in work activities alleging violations of clause (i), (ii), or (iii).
(II) Hearing
The procedure shall include an opportunity for a hearing.
(III) Remedies
The procedure shall include remedies for violation of clause (i), (ii), or (iii), which may continue during the pendency of the procedure, and which may include—
(aa) suspension or termination of payments from funds provided under this paragraph;
(bb) prohibition of placement of a participant with an employer that has violated clause (i), (ii), or (iii);
(cc) where applicable, reinstatement of an employee, payment of lost wages and benefits, and reestablishment of other relevant terms, conditions and privileges of employment; and
(dd) where appropriate, other equitable relief.
(IV) Appeals
(aa) Filing
Not later than 30 days after a grievant or complainant receives an adverse decision under the procedure established pursuant to subclause (I), the grievant or complainant may appeal the decision to a State agency designated by the State which shall be independent of the State or local agency that is administering the programs operated with funds provided under this paragraph and the State agency administering, or supervising the administration of, the State program funded under this part.
(bb) Final determination
Not later than 120 days after the State agency designated under item (aa) receives a grievance or complaint made under the procedure established by a State pursuant to subclause (I), the State agency shall make a final determination on the appeal.
(v) Rule of interpretation
This subparagraph shall not be construed to affect the authority of a State to provide or require workers' compensation.
(vi) Nonpreemption of State law
The provisions of this subparagraph shall not be construed to preempt any provision of State law that affords greater protections to employees or to other participants engaged in work activities under a program funded under this part than is afforded by such provisions of this subparagraph.
(K) Information disclosure
If a State to which a grant is made under this section establishes safeguards against the use or disclosure of information about applicants or recipients of assistance under the State program funded under this part, the safeguards shall not prevent the State agency administering the program from furnishing to a private industry council the names, addresses, telephone numbers, and identifying case number information in the State program funded under this part, 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 this paragraph.
(b) Contingency Fund
(1) Establishment
There is hereby established in the Treasury of the United States a fund which shall be known as the "Contingency Fund for State Welfare Programs" (in this section referred to as the "Fund").
(2) Deposits into Fund
Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated for fiscal years 1997, 1998, 1999, 2000, and 2001 such sums as are necessary for payment to the Fund in a total amount not to exceed $2,000,000,000, reduced by the sum of the dollar amounts specified in paragraph (6)(C)(ii).
(3) Grants
(A) Provisional payments
If an eligible State submits to the Secretary a request for funds under this paragraph during an eligible month, the Secretary shall, subject to this paragraph, pay to the State, from amounts appropriated pursuant to paragraph (2), an amount equal to the amount of funds so requested.
(B) Payment priority
The Secretary shall make payments under subparagraph (A) in the order in which the Secretary receives requests for such payments.
(C) Limitations
(i) Monthly payment to a State
The total amount paid to a single State under subparagraph (A) during a month shall not exceed 1/12 of 20 percent of the State family assistance grant.
(ii) Payments to all States
The total amount paid to all States under subparagraph (A) during fiscal years 1997 through 2001 shall not exceed the total amount appropriated pursuant to paragraph (2).
(4) "Eligible month" defined
As used in paragraph (3)(A), the term "eligible month" means, with respect to a State, a month in the 2-month period that begins with any month for which the State is a needy State.
(5) Needy State
For purposes of paragraph (4), a State is a needy State for a month if—
(A) the average rate of—
(i) total unemployment in such State (seasonally adjusted) for the period consisting of the most recent 3 months for which data for all States are published equals or exceeds 6.5 percent; and
(ii) total unemployment in such State (seasonally adjusted) for the 3-month period equals or exceeds 110 percent of such average rate for either (or both) of the corresponding 3-month periods ending in the 2 preceding calendar years; or
(B) as determined by the Secretary of Agriculture (in the discretion of the Secretary of Agriculture), the monthly average number of individuals (as of the last day of each month) participating in the food stamp program in the State in the then most recently concluded 3-month period for which data are available exceeds by not less than 10 percent the lesser of—
(i) the monthly average number of individuals (as of the last day of each month) in the State that would have participated in the food stamp program in the corresponding 3-month period in fiscal year 1994 if the amendments made by titles IV and VIII of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 had been in effect throughout fiscal year 1994; or
(ii) the monthly average number of individuals (as of the last day of each month) in the State that would have participated in the food stamp program in the corresponding 3-month period in fiscal year 1995 if the amendments made by titles IV and VIII of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 had been in effect throughout fiscal year 1995.
(6) Annual reconciliation
(A) In general
Notwithstanding paragraph (3), if the Secretary makes a payment to a State under this subsection in a fiscal year, then the State shall remit to the Secretary, within 1 year after the end of the first subsequent period of 3 consecutive months for which the State is not a needy State, an amount equal to the amount (if any) by which—
(i) the total amount paid to the State under paragraph (3) of this subsection in the fiscal year; exceeds
(ii) the product of—
(I) the Federal medical assistance percentage for the State (as defined in
(II) the State's reimbursable expenditures for the fiscal year; and
(III) 1/12 times the number of months during the fiscal year for which the Secretary made a payment to the State under such paragraph (3).
(B) Definitions
As used in subparagraph (A):
(i) Reimbursable expenditures
The term "reimbursable expenditures" means, with respect to a State and a fiscal year, the amount (if any) by which—
(I) countable State expenditures for the fiscal year; exceeds
(II) historic State expenditures (as defined in
(ii) Countable State expenditures
The term "countable expenditures" means, with respect to a State and a fiscal year—
(I) the qualified State expenditures (as defined in
(II) any amount paid to the State under paragraph (3) during the fiscal year that is expended by the State under the State program funded under this part.
(C) Adjustment of State remittances
(i) In general
The amount otherwise required by subparagraph (A) to be remitted by a State for a fiscal year shall be increased by the lesser of—
(I) the total adjustment for the fiscal year, multiplied by the adjustment percentage for the State for the fiscal year; or
(II) the unadjusted net payment to the State for the fiscal year.
(ii) Total adjustment
As used in clause (i), the term "total adjustment" means—
(I) in the case of fiscal year 1998, $2,000,000;
(II) in the case of fiscal year 1999, $9,000,000;
(III) in the case of fiscal year 2000, $16,000,000; and
(IV) in the case of fiscal year 2001, $13,000,000.
(iii) Adjustment percentage
As used in clause (i), the term "adjustment percentage" means, with respect to a State and a fiscal year—
(I) the unadjusted net payment to the State for the fiscal year; divided by
(II) the sum of the unadjusted net payments to all States for the fiscal year.
(iv) Unadjusted net payment
As used in this subparagraph, the term, "unadjusted net payment" means with respect to a State and a fiscal year—
(I) the total amount paid to the State under paragraph (3) in the fiscal year; minus
(II) the amount that, in the absence of this subparagraph, would be required by subparagraph (A) or by
(7) "State" defined
As used in this subsection, the term "State" means each of the 50 States and the District of Columbia.
(8) Annual reports
The Secretary shall annually report to the Congress on the status of the Fund.
(Aug. 14, 1935, ch. 531, title IV, §403, as added
Amendment of Subsection (a)(5)
(1) in subparagraph (A)(vii)(I), by striking "described in section 103(c) of the Job Training Partnership Act or"; and
(2) in subparagraph (D)—
(A) in clause (ii), by striking "the Job Training Partnership Act or"; and
(B) in clause (iii), by striking "shall mean a local area as defined in section 101 of the Workforce Investment Act of 1998, as appropriate".
References in Text
Part F of this subchapter, referred to in subsec. (a)(1)(B)(iii), (C)(i)(V), was classified to
Section 103 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, referred to in subsec. (a)(5)(A)(vi)(I)(bb), (III), (C)(ii)(I), is section 103 of
The Food Stamp Act of 1977, referred to in subsec. (a)(5)(C)(iii)(II)(dd), is
Parts D and E of this subchapter, referred to in subsec. (a)(5)(C)(iii)(III), (iv)(II)(bb), are classified to sections 651 et seq. and 670 et seq., respectively, of this title.
The Job Training Partnership Act, referred to in subsec. (a)(5)(D)(ii), (iii), is
The Workforce Investment Act of 1998, referred to in subsec. (a)(5)(D)(ii), is
Titles IV and VIII of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, referred to in subsec. (b)(5)(B), are titles IV (§400 et seq.) and VIII (§801 et seq.) of
Prior Provisions
A prior section 603, acts Aug. 14, 1935, ch. 531, title IV, §403,
Amendments
1999—Subsec. (a)(5)(A)(ii)(I)(ff).
Subsec. (a)(5)(C)(i)(IV).
Subsec. (a)(5)(C)(i)(VII).
Subsec. (a)(5)(C)(ii).
Subsec. (a)(5)(C)(iii).
Subsec. (a)(5)(C)(iv).
"(aa) who are noncustodial parents of minors whose custodial parent is such a recipient; and
"(bb) who have such characteristics."
Subsec. (a)(5)(C)(v) to (ix).
Subsec. (a)(5)(C)(x).
Subsec. (a)(5)(E)(i).
Subsec. (a)(5)(E)(iv)(I)(bb), (vi).
Subsec. (a)(5)(F).
Subsec. (a)(5)(G).
Subsec. (a)(5)(H)(i).
Subsec. (a)(5)(I)(i).
Subsec. (a)(5)(K).
1998—Subsec. (a)(5)(A)(iv)(II).
Subsec. (a)(5)(A)(vii)(I).
Subsec. (a)(5)(A)(ix).
Subsec. (a)(5)(C)(ii).
Subsec. (a)(5)(C)(ii)(I).
Subsec. (a)(5)(C)(ii)(II).
Subsec. (a)(5)(D)(ii).
Subsec. (a)(5)(D)(iii).
1997—
Subsec. (a)(2).
Subsec. (a)(2)(A).
Subsec. (a)(2)(B).
"(i)
"(ii)
Subsec. (a)(2)(C)(i)(I)(aa).
Subsec. (a)(2)(C)(i)(I)(bb).
Subsec. (a)(2)(C)(i)(II).
Subsec. (a)(2)(C)(i)(II)(aa).
Subsec. (a)(2)(C)(ii).
Subsec. (a)(2)(C)(iii).
Subsec. (a)(3)(C)(ii).
Subsec. (a)(5).
Subsec. (a)(5)(A)(i)(I), (ii)(II).
Subsec. (b)(2).
Subsec. (b)(4), (5).
Subsec. (b)(6).
Subsec. (b)(6)(C).
Subsec. (b)(7).
"(A)
"(B)
1996—Subsec. (b)(4)(A)(i)(II).
Subsec. (b)(4)(A)(ii)(I).
Effective Date of 1999 Amendment
"(1) shall be effective January 1, 2000, with respect to the determination of eligible individuals for purposes of section 403(a)(5)(B) of the Social Security Act [subsec. (a)(5)(B) of this section] (relating to competitive grants);
"(2) shall be effective July 1, 2000, except that expenditures from allotments to the States shall not be made before October 1, 2000—
"(A) with respect to the determination of eligible individuals for purposes of section 403(a)(5)(A) of the Social Security Act [subsec. (a)(5)(A) of this section] (relating to formula grants) in the case of those individuals who may be determined to be so eligible, but would not have been eligible before July 1, 2000; or
"(B) for allowable activities described in section 403(a)(5)(C)(i)(VII) of the Social Security Act [subsec. (a)(5)(C)(i)(VII) of this section] (as added by
Effective Date of 1998 Amendments
Amendment by section 101(f) [title VIII, §405(d)(30)] of
Effective Date of 1997 Amendments
Amendment by
Amendment by section 5502 of
Amendment by section 5514(c) of
Effective Date of 1996 Amendment
Section 1(d) of
Effective Date
Subsec. (a)(1)(C), (D) of this section effective Oct. 1, 1996, and remainder of this 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
Regulations
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "Act".
§603a. Transferred
Codification
Section,
§604. Use of grants
(a) General rules
Subject to this part, a State to which a grant is made under
(1) in any manner that is reasonably calculated to accomplish the purpose of this part, including to provide low income households with assistance in meeting home heating and cooling costs; or
(2) in any manner that the State was authorized to use amounts received under part A or F of this subchapter, as such parts were in effect on September 30, 1995, or (at the option of the State) August 21, 1996.
(b) Limitation on use of grant for administrative purposes
(1) Limitation
A State to which a grant is made under
(2) Exception
Paragraph (1) shall not apply to the use of a grant for information technology and computerization needed for tracking or monitoring required by or under this part.
(c) Authority to treat interstate immigrants under rules of former State
A State operating a program funded under this part may apply to a family the rules (including benefit amounts) of the program funded under this part of another State if the family has moved to the State from the other State and has resided in the State for less than 12 months.
(d) Authority to use portion of grant for other purposes
(1) In general
Subject to paragraph (2), a State may use not more than 30 percent of the amount of any grant made to the State under
(A) Subchapter XX of this chapter.
(B) The Child Care and Development Block Grant Act of 1990 [
(2) Limitation on amount transferable to subchapter XX programs
(A) In general
A State may use not more than the applicable percent of the amount of any grant made to the State under
(B) Applicable percent
For purposes of subparagraph (A), the applicable percent is 4.25 percent in the case of fiscal year 2001 and each succeeding fiscal year.
(3) Applicable rules
(A) In general
Except as provided in subparagraph (B) of this paragraph, any amount paid to a State under this part that is used to carry out a State program pursuant to a provision of law specified in paragraph (1) shall not be subject to the requirements of this part, but shall be subject to the requirements that apply to Federal funds provided directly under the provision of law to carry out the program, and the expenditure of any amount so used shall not be considered to be an expenditure under this part.
(B) Exception relating to subchapter XX programs
All amounts paid to a State under this part that are used to carry out State programs pursuant to subchapter XX of this chapter shall be used only for programs and services to children or their families whose income is less than 200 percent of the income official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with
(e) Authority to reserve certain amounts for assistance
A State or tribe may reserve amounts paid to the State or tribe under this part for any fiscal year for the purpose of providing, without fiscal year limitation, assistance under the State or tribal program funded under this part.
(f) Authority to operate employment placement program
A State to which a grant is made under
(g) Implementation of electronic benefit transfer system
A State to which a grant is made under
(h) Use of funds for individual development accounts
(1) In general
A State to which a grant is made under
(2) Individual development accounts
(A) Establishment
Under a State program carried out under paragraph (1), an individual development account may be established by or on behalf of an individual eligible for assistance under the State program operated under this part for the purpose of enabling the individual to accumulate funds for a qualified purpose described in subparagraph (B).
(B) Qualified purpose
A qualified purpose described in this subparagraph is 1 or more of the following, as provided by the qualified entity providing assistance to the individual under this subsection:
(i) Postsecondary educational expenses
Postsecondary educational expenses paid from an individual development account directly to an eligible educational institution.
(ii) First home purchase
Qualified acquisition costs with respect to a qualified principal residence for a qualified first-time homebuyer, if paid from an individual development account directly to the persons to whom the amounts are due.
(iii) Business capitalization
Amounts paid from an individual development account directly to a business capitalization account which is established in a federally insured financial institution and is restricted to use solely for qualified business capitalization expenses.
(C) Contributions to be from earned income
An individual may only contribute to an individual development account such amounts as are derived from earned income, as defined in section 911(d)(2) of the Internal Revenue Code of 1986.
(D) Withdrawal of funds
The Secretary shall establish such regulations as may be necessary to ensure that funds held in an individual development account are not withdrawn except for 1 or more of the qualified purposes described in subparagraph (B).
(3) Requirements
(A) In general
An individual development account established under this subsection shall be a trust created or organized in the United States and funded through periodic contributions by the establishing individual and matched by or through a qualified entity for a qualified purpose (as described in paragraph (2)(B)).
(B) "Qualified entity" defined
As used in this subsection, the term "qualified entity" means—
(i) a not-for-profit organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; or
(ii) a State or local government agency acting in cooperation with an organization described in clause (i).
(4) No reduction in benefits
Notwithstanding any other provision of Federal law (other than the Internal Revenue Code of 1986) that requires consideration of 1 or more financial circumstances of an individual, for the purpose of determining eligibility to receive, or the amount of, any assistance or benefit authorized by such law to be provided to or for the benefit of such individual, funds (including interest accruing) in an individual development account under this subsection shall be disregarded for such purpose with respect to any period during which such individual maintains or makes contributions into such an account.
(5) Definitions
As used in this subsection—
(A) Eligible educational institution
The term "eligible educational institution" means the following:
(i) An institution described in
(ii) An area vocational education school (as defined in subparagraph (C) or (D) of
(B) Post-secondary educational expenses
The term "post-secondary educational expenses" means—
(i) tuition and fees required for the enrollment or attendance of a student at an eligible educational institution, and
(ii) fees, books, supplies, and equipment required for courses of instruction at an eligible educational institution.
(C) Qualified acquisition costs
The term "qualified acquisition costs" means the costs of acquiring, constructing, or reconstructing a residence. The term includes any usual or reasonable settlement, financing, or other closing costs.
(D) Qualified business
The term "qualified business" means any business that does not contravene any law or public policy (as determined by the Secretary).
(E) Qualified business capitalization expenses
The term "qualified business capitalization expenses" means qualified expenditures for the capitalization of a qualified business pursuant to a qualified plan.
(F) Qualified expenditures
The term "qualified expenditures" means expenditures included in a qualified plan, including capital, plant, equipment, working capital, and inventory expenses.
(G) Qualified first-time homebuyer
(i) In general
The term "qualified first-time homebuyer" means a taxpayer (and, if married, the taxpayer's spouse) who has no present ownership interest in a principal residence during the 3-year period ending on the date of acquisition of the principal residence to which this subsection applies.
(ii) Date of acquisition
The term "date of acquisition" means the date on which a binding contract to acquire, construct, or reconstruct the principal residence to which this subparagraph applies is entered into.
(H) Qualified plan
The term "qualified plan" means a business plan which—
(i) is approved by a financial institution, or by a nonprofit loan fund having demonstrated fiduciary integrity,
(ii) includes a description of services or goods to be sold, a marketing plan, and projected financial statements, and
(iii) may require the eligible individual to obtain the assistance of an experienced entrepreneurial advisor.
(I) Qualified principal residence
The term "qualified principal residence" means a principal residence (within the meaning of section 1034 of the Internal Revenue Code of 1986), the qualified acquisition costs of which do not exceed 100 percent of the average area purchase price applicable to such residence (determined in accordance with paragraphs (2) and (3) of section 143(e) of such Code).
(i) Sanction welfare recipients for failing to ensure that minor dependent children attend school
A State to which a grant is made under
(j) Requirement for high school diploma or equivalent
A State to which a grant is made under
(k) Limitations on use of grant for matching under certain Federal transportation program
(1) Use limitations
A State to which a grant is made under
(A) the grant is used for new or expanded transportation services (and not for construction) that benefit individuals described in subparagraph (C), and not to subsidize current operating costs;
(B) the grant is used to supplement and not supplant other State expenditures on transportation;
(C) the preponderance of the benefits derived from such use of the grant accrues to individuals who are—
(i) recipients of assistance under the State program funded under this part;
(ii) former recipients of such assistance;
(iii) noncustodial parents who are described in
(iv) low-income individuals who are at risk of qualifying for such assistance; and
(D) the services provided through such use of the grant promote the ability of such recipients to engage in work activities (as defined in
(2) Amount limitation
From a grant made to a State under
(3) Rule of interpretation
The provision by a State of a transportation benefit under a program conducted under section 3037 of the Transportation Equity Act for the 21st Century, to an individual who is not otherwise a recipient of assistance under the State program funded under this part, using funds from a grant made under
(Aug. 14, 1935, ch. 531, title IV, §404, as added
References in Text
Part F of this subchapter, referred to in subsec. (a)(2), was classified to
The Child Care and Development Block Grant Act of 1990, referred to in subsec. (d)(1)(B), is subchapter C (§658A et seq.) of
The Internal Revenue Code of 1986, referred to in subsec. (h)(2)(C), (3)(B)(i), (4), (5)(I), is classified generally to Title 26, Internal Revenue Code.
Section 3037 of the Transportation Equity Act for the 21st Century, referred to in subsec. (k)(1), (3), is section 3037 of
Prior Provisions
A prior section 604, acts Aug. 14, 1935, ch. 531, title IV, §404,
Amendments
1999—Subsec. (e).
Subsec. (k)(1)(C)(iii).
1998—Subsec. (d)(2).
Subsec. (k).
1997—
Subsec. (a)(2).
Subsec. (d)(1).
Subsec. (d)(2).
Effective Date of 1999 Amendments
For effective date of amendment by
Effective Date of 1998 Amendment
Effective Date of 1997 Amendment
Section 5002(b) of
Amendment by section 5503 of
Amendment by section 5514(c) of
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
Assets for Independence
"SEC. 401. SHORT TITLE.
"This title may be cited as the 'Assets for Independence Act'.
"SEC. 402. FINDINGS.
"Congress makes the following findings:
"(1) Economic well-being does not come solely from income, spending, and consumption, but also requires savings, investment, and accumulation of assets because assets can improve economic independence and stability, connect individuals with a viable and hopeful future, stimulate development of human and other capital, and enhance the welfare of offspring.
"(2) Fully ½ of all Americans have either no, negligible, or negative assets available for investment, just as the price of entry to the economic mainstream, the cost of a house, an adequate education, and starting a business, is increasing. Further, the household savings rate of the United States lags far behind other industrial nations, presenting a barrier to economic growth.
"(3) In the current tight fiscal environment, the United States should invest existing resources in high-yield initiatives. There is reason to believe that the financial returns, including increased income, tax revenue, and decreased welfare cash assistance, resulting from individual development accounts will far exceed the cost of investment in those accounts.
"(4) Traditional public assistance programs concentrating on income and consumption have rarely been successful in promoting and supporting the transition to increased economic self-sufficiency. Income-based domestic policy should be complemented with asset-based policy because, while income-based policies ensure that consumption needs (including food, child care, rent, clothing, and health care) are met, asset-based policies provide the means to achieve greater independence and economic well-being.
"SEC. 403. PURPOSES.
"The purposes of this title are to provide for the establishment of demonstration projects designed to determine—
"(1) the social, civic, psychological, and economic effects of providing to individuals and families with limited means an incentive to accumulate assets by saving a portion of their earned income;
"(2) the extent to which an asset-based policy that promotes saving for postsecondary education, homeownership, and microenterprise development may be used to enable individuals and families with limited means to increase their economic self-sufficiency; and
"(3) the extent to which an asset-based policy stabilizes and improves families and the community in which the families live.
"SEC. 404. DEFINITIONS.
"In this title:
"(1)
"(2)
"(3)
"(A) is a withdrawal of only those funds, or a portion of those funds, deposited by the individual in the individual development account of the individual;
"(B) is permitted by a qualified entity on a case-by-case basis; and
"(C) is made for—
"(i) expenses for medical care or necessary to obtain medical care, for the individual or a spouse or dependent of the individual described in paragraph (8)(D);
"(ii) payments necessary to prevent the eviction of the individual from the residence of the individual, or foreclosure on the mortgage for the principal residence of the individual, as defined in paragraph (8)(B); or
"(iii) payments necessary to enable the individual to meet necessary living expenses following loss of employment.
"(4)
"(5)
"(A)
"(i) No contribution will be accepted unless the contribution is in cash or by check.
"(ii) The trustee is a federally insured financial institution, or a State insured financial institution if no federally insured financial institution is available.
"(iii) The assets of the trust will be invested in accordance with the direction of the eligible individual after consultation with the qualified entity providing deposits for the individual under section 410.
"(iv) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund.
"(v) Except as provided in clause (vi), any amount in the trust that is attributable to a deposit provided under section 410 may be paid or distributed out of the trust only for the purpose of paying the qualified expenses of the eligible individual, or enabling the eligible individual to make an emergency withdrawal.
"(vi) Any balance in the trust on the day after the date on which the individual for whose benefit the trust is established dies shall be distributed within 30 days of that date as directed by that individual to another individual development account established for the benefit of an eligible individual.
"(B)
"(6)
"(7)
"(A)
"(i) one or more not-for-profit organizations described in section 501(c)(3) of the Internal Revenue Code of 1986 [
"(ii) a State or local government agency, or a tribal government, submitting an application under section 405 jointly with an organization described in clause (i).
"(B)
"(8)
"(A)
"(i)
"(I)
"(II)
"(ii)
"(I)
"(II)
"(B)
"(i)
"(ii)
"(iii)
"(I)
"(II)
"(C)
"(i)
"(ii)
"(iii)
"(iv)
"(I) is approved by a financial institution, a microenterprise development organization, or a nonprofit loan fund having demonstrated fiduciary integrity;
"(II) includes a description of services or goods to be sold, a marketing plan, and projected financial statements; and
"(III) may require the eligible individual to obtain the assistance of an experienced entrepreneurial adviser.
"(D)
"(i) the individual's spouse; or
"(ii) any dependent of the individual with respect to whom the individual is allowed a deduction under section 151 of the Internal Revenue Code of 1986 [
"(9)
"(10)
"(11)
"SEC. 405. APPLICATIONS.
"(a)
"(b)
"(c)
"(1)
"(2)
"(3)
"(4)
"(5)
"(6)
"(d)
"(1) demonstrates the willingness and ability to select individuals described in section 408 who are predominantly from households in which a child (or children) is living with the child's biological or adoptive mother or father, or with the child's legal guardian;
"(2) provides a commitment of non-Federal funds with a proportionately greater amount of such funds committed from private sector sources; and
"(3) targets such individuals residing within one or more relatively well-defined neighborhoods or communities (including rural communities) that experience high rates of poverty or unemployment.
"(e)
"(f)
"(1) such entity demonstrates the ability to carry out such responsibility; and
"(2) the Secretary can demonstrate that such responsibility would not be carried out by the Secretary at a lower cost.
"(g)
"SEC. 406. DEMONSTRATION AUTHORITY; ANNUAL GRANTS.
"(a)
"(b)
"(1) the aggregate amount of funds committed as matching contributions from non-Federal public or private sector sources; or
"(2) $1,000,000.
"SEC. 407. RESERVE FUND.
"(a)
"(b)
"(1)
"(A) all funds provided to the qualified entity from any public or private source in connection with the demonstration project; and
"(B) the proceeds from any investment made under subsection (c)(2).
"(2)
"(c)
"(1)
"(A) assist participants in the demonstration project in obtaining the skills (including economic literacy, budgeting, credit, and counseling skills) and information necessary to achieve economic self-sufficiency through activities requiring qualified expenses;
"(B) provide deposits in accordance with section 410 for individuals selected by the qualified entity to participate in the demonstration project;
"(C) administer the demonstration project; and
"(D) provide the research organization evaluating the demonstration project under section 414 with such information with respect to the demonstration project as may be required for the evaluation.
"(2)
"(A)
"(B)
"(3)
"(d)
"(1) the amounts in its Reserve Fund at the time of the termination; multiplied by
"(2) a percentage equal to—
"(A) the aggregate amount of grants made to the qualified entity under section 406(b); divided by
"(B) the aggregate amount of all funds provided to the qualified entity from all sources to conduct the project.
"SEC. 408. ELIGIBILITY FOR PARTICIPATION.
"(a)
"(1)
"(2)
"(A)
"(B)
"(i) the aggregate market value of all assets that are owned in whole or in part by any member of the household; minus
"(ii) the obligations or debts of any member of the household.
"(C)
"(b)
"SEC. 409. SELECTION OF INDIVIDUALS TO PARTICIPATE.
"From among the individuals eligible to participate in a demonstration project conducted under this title, each qualified entity shall select the individuals—
"(1) that the qualified entity determines to be best suited to participate; and
"(2) to whom the qualified entity will provide deposits in accordance with section 410.
"SEC. 410. DEPOSITS BY QUALIFIED ENTITIES.
"(a)
"(1) from the non-Federal funds described in section 405(c)(4), a matching contribution of not less than $0.50 and not more than $4 for every $1 of earned income (as defined in section 911(d)(2) of the Internal Revenue Code of 1986 [
"(2) from the grant made under section 406(b), an amount equal to the matching contribution made under paragraph (1); and
"(3) any interest that has accrued on amounts deposited under paragraph (1) or (2) on behalf of that individual into the individual development account of the individual or into a parallel account maintained by the qualified entity.
"(b)
"(c)
"(d)
"(e)
"SEC. 411. LOCAL CONTROL OVER DEMONSTRATION PROJECTS.
"A qualified entity under this title, other than a State or local government agency or a tribal government, shall, subject to the provisions of section 413, have sole authority over the administration of the project. The Secretary may prescribe only such regulations or guidelines with respect to demonstration projects conducted under this title as are necessary to ensure compliance with the approved applications and the requirements of this title.
"SEC. 412. ANNUAL PROGRESS REPORTS.
"(a)
"(1) The number and characteristics of individuals making a deposit into an individual development account.
"(2) The amounts in the Reserve Fund established with respect to the project.
"(3) The amounts deposited in the individual development accounts.
"(4) The amounts withdrawn from the individual development accounts and the purposes for which such amounts were withdrawn.
"(5) The balances remaining in the individual development accounts.
"(6) The savings account characteristics (such as threshold amounts and match rates) required to stimulate participation in the demonstration project, and how such characteristics vary among different populations or communities.
"(7) What service configurations of the qualified entity (such as configurations relating to peer support, structured planning exercises, mentoring, and case management) increased the rate and consistency of participation in the demonstration project and how such configurations varied among different populations or communities.
"(8) Such other information as the Secretary may require to evaluate the demonstration project.
"(b)
"(1) the Secretary; and
"(2) the Treasurer (or equivalent official) of the State in which the project is conducted, if the State or a local government or a tribal government committed funds to the demonstration project.
"(c)
"SEC. 413. SANCTIONS.
"(a)
"(b)
"(1) shall suspend the demonstration project;
"(2) shall take control of the Reserve Fund established pursuant to section 407;
"(3) shall make every effort to identify another qualified entity (or entities) willing and able to conduct the project in accordance with the approved application (or, if modification is necessary to incorporate the recommendations, the application as modified) and the requirements of this title;
"(4) shall, if the Secretary identifies an entity (or entities) described in paragraph (3)—
"(A) authorize the entity (or entities) to conduct the project in accordance with the approved application (or, if modification is necessary to incorporate the recommendations, the application as modified) and the requirements of this title;
"(B) transfer to the entity (or entities) control over the Reserve Fund established pursuant to section 407; and
"(C) consider, for purposes of this title—
"(i) such other entity (or entities) to be the qualified entity (or entities) originally authorized to conduct the demonstration project; and
"(ii) the date of such authorization to be the date of the original authorization; and
"(5) if, by the end of the 1-year period beginning on the date of the termination, the Secretary has not found a qualified entity (or entities) described in paragraph (3), shall—
"(A) terminate the project; and
"(B) from the amount remaining in the Reserve Fund established as part of the project, remit to each source that provided funds under section 405(c)(4) to the entity originally authorized to conduct the project, an amount that bears the same ratio to the amount so remaining as the amount provided from the source under section 405(c)(4) bears to the amount provided from all such sources under that section.
"SEC. 414. EVALUATIONS.
"(a)
"(b)
"(1) The effects of incentives and organizational or institutional support on savings behavior in the demonstration project.
"(2) The savings rates of individuals in the demonstration project based on demographic characteristics including gender, age, family size, race or ethnic background, and income.
"(3) The economic, civic, psychological, and social effects of asset accumulation, and how such effects vary among different populations or communities.
"(4) The effects of individual development accounts on savings rates, homeownership, level of postsecondary education attained, and self-employment, and how such effects vary among different populations or communities.
"(5) The potential financial returns to the Federal Government and to other public sector and private sector investors in individual development accounts over a 5-year and 10-year period of time.
"(6) The lessons to be learned from the demonstration projects conducted under this title and if a permanent program of individual development accounts should be established.
"(7) Such other factors as may be prescribed by the Secretary.
"(c)
"(1) for at least one site, use control groups to compare participants with nonparticipants;
"(2) before, during, and after the project, obtain such quantitative data as are necessary to evaluate the project thoroughly; and
"(3) develop a qualitative assessment, derived from sources such as in-depth interviews, of how asset accumulation affects individuals and families.
"(d)
"(1)
"(2)
"(e)
"SEC. 415. TREATMENT OF FUNDS.
"Of the funds deposited in individual development accounts for eligible individuals, only the funds deposited by the individuals (including interest accruing on those funds) may be considered to be the income, assets, or resources of the individuals, for purposes of determining eligibility for, or the amount of assistance furnished under, any Federal or federally assisted program based on need.
"SEC. 416. AUTHORIZATION OF APPROPRIATIONS.
"There is authorized to be appropriated to carry out this title, $25,000,000 for each of fiscal years 1999, 2000, 2001, 2002, and 2003, to remain available until expended."
Section Referred to in Other Sections
This section is referred to in
§604a. Services provided by charitable, religious, or private organizations
(a) In general
(1) State options
A State may—
(A) administer and provide services under the programs described in subparagraphs (A) and (B)(i) of paragraph (2) through contracts with charitable, religious, or private organizations; and
(B) provide beneficiaries of assistance under the programs described in subparagraphs (A) and (B)(ii) of paragraph (2) with certificates, vouchers, or other forms of disbursement which are redeemable with such organizations.
(2) Programs described
The programs described in this paragraph are the following programs:
(A) A State program funded under this part (as amended by section 103(a) of this Act).
(B) Any other program established or modified under title I or II of this Act, that—
(i) permits contracts with organizations; or
(ii) permits certificates, vouchers, or other forms of disbursement to be provided to beneficiaries, as a means of providing assistance.
(b) Religious organizations
The purpose of this section is to allow States to contract with religious organizations, or to allow religious organizations to accept certificates, vouchers, or other forms of disbursement under any program described in subsection (a)(2) of this section, on the same basis as any other nongovernmental provider without impairing the religious character of such organizations, and without diminishing the religious freedom of beneficiaries of assistance funded under such program.
(c) Nondiscrimination against religious organizations
In the event a State exercises its authority under subsection (a) of this section, religious organizations are eligible, on the same basis as any other private organization, as contractors to provide assistance, or to accept certificates, vouchers, or other forms of disbursement, under any program described in subsection (a)(2) of this section so long as the programs are implemented consistent with the Establishment Clause of the United States Constitution. Except as provided in subsection (k) of this section, neither the Federal Government nor a State receiving funds under such programs shall discriminate against an organization which is or applies to be a contractor to provide assistance, or which accepts certificates, vouchers, or other forms of disbursement, on the basis that the organization has a religious character.
(d) Religious character and freedom
(1) Religious organizations
A religious organization with a contract described in subsection (a)(1)(A) of this section, or which accepts certificates, vouchers, or other forms of disbursement under subsection (a)(1)(B) of this section, shall retain its independence from Federal, State, and local governments, including such organization's control over the definition, development, practice, and expression of its religious beliefs.
(2) Additional safeguards
Neither the Federal Government nor a State shall require a religious organization to—
(A) alter its form of internal governance; or
(B) remove religious art, icons, scripture, or other symbols;
in order to be eligible to contract to provide assistance, or to accept certificates, vouchers, or other forms of disbursement, funded under a program described in subsection (a)(2) of this section.
(e) Rights of beneficiaries of assistance
(1) In general
If an individual described in paragraph (2) has an objection to the religious character of the organization or institution from which the individual receives, or would receive, assistance funded under any program described in subsection (a)(2) of this section, the State in which the individual resides shall provide such individual (if otherwise eligible for such assistance) within a reasonable period of time after the date of such objection with assistance from an alternative provider that is accessible to the individual and the value of which is not less than the value of the assistance which the individual would have received from such organization.
(2) Individual described
An individual described in this paragraph is an individual who receives, applies for, or requests to apply for, assistance under a program described in subsection (a)(2) of this section.
(f) Employment practices
A religious organization's exemption provided under
(g) Nondiscrimination against beneficiaries
Except as otherwise provided in law, a religious organization shall not discriminate against an individual in regard to rendering assistance funded under any program described in subsection (a)(2) of this section on the basis of religion, a religious belief, or refusal to actively participate in a religious practice.
(h) Fiscal accountability
(1) In general
Except as provided in paragraph (2), any religious organization contracting to provide assistance funded under any program described in subsection (a)(2) of this section shall be subject to the same regulations as other contractors to account in accord with generally accepted auditing principles for the use of such funds provided under such programs.
(2) Limited audit
If such organization segregates Federal funds provided under such programs into separate accounts, then only the financial assistance provided with such funds shall be subject to audit.
(i) Compliance
Any party which seeks to enforce its rights under this section may assert a civil action for injunctive relief exclusively in an appropriate State court against the entity or agency that allegedly commits such violation.
(j) Limitations on use of funds for certain purposes
No funds provided directly to institutions or organizations to provide services and administer programs under subsection (a)(1)(A) of this section shall be expended for sectarian worship, instruction, or proselytization.
(k) Preemption
Nothing in this section shall be construed to preempt any provision of a State constitution or State statute that prohibits or restricts the expenditure of State funds in or by religious organizations.
(
References in Text
Section 103(a) of this Act, referred to in subsec. (a)(2)(A), means section 103(a) of
Titles I and II of this Act, referred to in subsec. (a)(2)(B), means titles I and II of
Codification
Section was enacted as part of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, and not as part of the Social Security Act which comprises this chapter.
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
§605. Administrative provisions
(a) Quarterly
The Secretary shall pay each grant payable to a State under
(b) Notification
Not later than 3 months before the payment of any such quarterly installment to a State, the Secretary shall notify the State of the amount of any reduction determined under
(c) Computation and certification of payments to States
(1) Computation
The Secretary shall estimate the amount to be paid to each eligible State for each quarter under this part, such estimate to be based on a report filed by the State containing an estimate by the State of the total sum to be expended by the State in the quarter under the State program funded under this part and such other information as the Secretary may find necessary.
(2) Certification
The Secretary of Health and Human Services shall certify to the Secretary of the Treasury the amount estimated under paragraph (1) with respect to a State, reduced or increased to the extent of any overpayment or underpayment which the Secretary of Health and Human Services determines was made under this part to the State for any prior quarter and with respect to which adjustment has not been made under this paragraph.
(d) Payment method
Upon receipt of a certification under subsection (c)(2) of this section with respect to a State, the Secretary of the Treasury shall, through the Fiscal Service of the Department of the Treasury and before audit or settlement by the General Accounting Office, pay to the State, at the time or times fixed by the Secretary of Health and Human Services, the amount so certified.
(Aug. 14, 1935, ch. 531, title IV, §405, as added
Prior Provisions
A prior section 605, acts Aug. 14, 1935, ch. 531, title IV, §405,
Amendments
1997—
Effective Date of 1997 Amendment
Amendment by
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
§606. Federal loans for State welfare programs
(a) Loan authority
(1) In general
The Secretary shall make loans to any loan-eligible State, for a period to maturity of not more than 3 years.
(2) Loan-eligible State
As used in paragraph (1), the term "loan-eligible State" means a State against which a penalty has not been imposed under
(b) Rate of interest
The Secretary shall charge and collect interest on any loan made under this section at a rate equal to the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the period to maturity of the loan.
(c) Use of loan
A State shall use a loan made to the State under this section only for any purpose for which grant amounts received by the State under
(1) welfare anti-fraud activities; and
(2) the provision of assistance under the State program to Indian families that have moved from the service area of an Indian tribe with a tribal family assistance plan approved under
(d) Limitation on total amount of loans to State
The cumulative dollar amount of all loans made to a State under this section during fiscal years 1997 through 2002 shall not exceed 10 percent of the State family assistance grant.
(e) Limitation on total amount of outstanding loans
The total dollar amount of loans outstanding under this section may not exceed $1,700,000,000.
(f) Appropriation
Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated such sums as may be necessary for the cost of loans under this section.
(Aug. 14, 1935, ch. 531, title IV, §406, as added
Prior Provisions
A prior section 606, acts Aug. 14, 1935, ch. 531, title IV, §406,
Amendments
1997—
Effective Date of 1997 Amendment
Amendment by
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
Section Referred to in Other Sections
This section is referred to in
§607. Mandatory work requirements
(a) Participation rate requirements
(1) All families
A State to which a grant is made under
| If the fiscal year is: | The minimum participation rate is: |
|---|---|
| 1997 | 25 |
| 1998 | 30 |
| 1999 | 35 |
| 2000 | 40 |
| 2001 | 45 |
| 2002 or thereafter | 50. |
(2) 2-parent families
A State to which a grant is made under
| If the fiscal year is: | The minimum participation rate is: |
|---|---|
| 1997 | 75 |
| 1998 | 75 |
| 1999 or thereafter | 90. |
(b) Calculation of participation rates
(1) All families
(A) Average monthly rate
For purposes of subsection (a)(1) of this section, the participation rate for all families of a State for a fiscal year is the average of the participation rates for all families of the State for each month in the fiscal year.
(B) Monthly participation rates
The participation rate of a State for all families of the State for a month, expressed as a percentage, is—
(i) the number of families receiving assistance under the State program funded under this part that include an adult or a minor child head of household who is engaged in work for the month; divided by
(ii) the amount by which—
(I) the number of families receiving such assistance during the month that include an adult or a minor child head of household receiving such assistance; exceeds
(II) the number of families receiving such assistance that are subject in such month to a penalty described in subsection (e)(1) of this section but have not been subject to such penalty for more than 3 months within the preceding 12-month period (whether or not consecutive).
(2) 2-parent families
(A) Average monthly rate
For purposes of subsection (a)(2) of this section, the participation rate for 2-parent families of a State for a fiscal year is the average of the participation rates for 2-parent families of the State for each month in the fiscal year.
(B) Monthly participation rates
The participation rate of a State for 2-parent families of the State for a month shall be calculated by use of the formula set forth in paragraph (1)(B), except that in the formula the term "number of 2-parent families" shall be substituted for the term "number of families" each place such latter term appears.
(C) Family with a disabled parent not treated as a 2-parent family
A family that includes a disabled parent shall not be considered a 2-parent family for purposes of subsections (a) and (b) of this section.
(3) Pro rata reduction of participation rate due to caseload reductions not required by Federal law and not resulting from changes in State eligibility criteria
(A) In general
The Secretary shall prescribe regulations for reducing the minimum participation rate otherwise required by this section for a fiscal year by the number of percentage points equal to the number of percentage points (if any) by which—
(i) the average monthly number of families receiving assistance during the immediately preceding fiscal year under the State program funded under this part is less than
(ii) the average monthly number of families that received aid under the State plan approved under part A of this subchapter (as in effect on September 30, 1995) during fiscal year 1995.
The minimum participation rate shall not be reduced to the extent that the Secretary determines that the reduction in the number of families receiving such assistance is required by Federal law.
(B) Eligibility changes not counted
The regulations required by subparagraph (A) shall not take into account families that are diverted from a State program funded under this part as a result of differences in eligibility criteria under a State program funded under this part and eligibility criteria under the State program operated under the State plan approved under part A of this subchapter (as such plan and such part were in effect on September 30, 1995). Such regulations shall place the burden on the Secretary to prove that such families were diverted as a direct result of differences in such eligibility criteria.
(4) State option to include individuals receiving assistance under a tribal family assistance plan or tribal work program
For purposes of paragraphs (1)(B) and (2)(B), a State may, at its option, include families in the State that are receiving assistance under a tribal family assistance plan approved under
(5) State option for participation requirement exemptions
For any fiscal year, a State may, at its option, not require an individual who is a single custodial parent caring for a child who has not attained 12 months of age to engage in work, and may disregard such an individual in determining the participation rates under subsection (a) of this section for not more than 12 months.
(c) Engaged in work
(1) General rules
(A) All families
For purposes of subsection (b)(1)(B)(i) of this section, a recipient is engaged in work for a month in a fiscal year if the recipient is participating in work activities for at least the minimum average number of hours per week specified in the following table during the month, not fewer than 20 hours per week of which are attributable to an activity described in paragraph (1), (2), (3), (4), (5), (6), (7), (8), or (12) of subsection (d) of this section, subject to this subsection:
(B) 2-parent families
For purposes of subsection (b)(2)(B) of this section, an individual is engaged in work for a month in a fiscal year if—
(i) the individual and the other parent in the family are participating in work activities for a total of at least 35 hours per week during the month, not fewer than 30 hours per week of which are attributable to an activity described in paragraph (1), (2), (3), (4), (5), (6), (7), (8), or (12) of subsection (d) of this section, subject to this subsection; and
(ii) if the family of the individual receives federally-funded child care assistance and an adult in the family is not disabled or caring for a severely disabled child, the individual and the other parent in the family are participating in work activities for a total of at least 55 hours per week during the month, not fewer than 50 hours per week of which are attributable to an activity described in paragraph (1), (2), (3), (4), (5), (6), (7), (8), or (12) of subsection (d) of this section.
(2) Limitations and special rules
(A) Number of weeks for which job search counts as work
(i) Limitation
Notwithstanding paragraph (1) of this subsection, an individual shall not be considered to be engaged in work by virtue of participation in an activity described in subsection (d)(6) of this section of a State program funded under this part, after the individual has participated in such an activity for 6 weeks (or, if the unemployment rate of the State is at least 50 percent greater than the unemployment rate of the United States or the State is a needy State (within the meaning of
(ii) Limited authority to count less than full week of participation
For purposes of clause (i) of this subparagraph, on not more than 1 occasion per individual, the State shall consider participation of the individual in an activity described in subsection (d)(6) of this section for 3 or 4 days during a week as a week of participation in the activity by the individual.
(B) Single parent or relative with child under age 6 deemed to be meeting work participation requirements if parent or relative is engaged in work for 20 hours per week
For purposes of determining monthly participation rates under subsection (b)(1)(B)(i) of this section, a recipient who is the only parent or caretaker relative in the family of a child who has not attained 6 years of age is deemed to be engaged in work for a month if the recipient is engaged in work for an average of at least 20 hours per week during the month.
(C) Single teen head of household or married teen who maintains satisfactory school attendance deemed to be meeting work participation requirements
For purposes of determining monthly participation rates under subsection (b)(1)(B)(i) of this section, a recipient who is married or a head of household and has not attained 20 years of age is deemed to be engaged in work for a month in a fiscal year if the recipient—
(i) maintains satisfactory attendance at secondary school or the equivalent during the month; or
(ii) participates in education directly related to employment for an average of at least 20 hours per week during the month.
(D) Limitation on number of persons who may be treated as engaged in work by reason of participation in educational activities
For purposes of determining monthly participation rates under paragraphs (1)(B)(i) and (2)(B) of subsection (b) of this section, not more than 30 percent of the number of individuals in all families and in 2-parent families, respectively, in a State who are treated as engaged in work for a month may consist of individuals who are determined to be engaged in work for the month by reason of participation in vocational educational training, or (if the month is in fiscal year 2000 or thereafter) deemed to be engaged in work for the month by reason of subparagraph (C) of this paragraph.
(d) "Work activities" defined
As used in this section, the term "work activities" means—
(1) unsubsidized employment;
(2) subsidized private sector employment;
(3) subsidized public sector employment;
(4) work experience (including work associated with the refurbishing of publicly assisted housing) if sufficient private sector employment is not available;
(5) on-the-job training;
(6) job search and job readiness assistance;
(7) community service programs;
(8) vocational educational training (not to exceed 12 months with respect to any individual);
(9) job skills training directly related to employment;
(10) education directly related to employment, in the case of a recipient who has not received a high school diploma or a certificate of high school equivalency;
(11) satisfactory attendance at secondary school or in a course of study leading to a certificate of general equivalence, in the case of a recipient who has not completed secondary school or received such a certificate; and
(12) the provision of child care services to an individual who is participating in a community service program.
(e) Penalties against individuals
(1) In general
Except as provided in paragraph (2), if an individual in a family receiving assistance under the State program funded under this part refuses to engage in work required in accordance with this section, the State shall—
(A) reduce the amount of assistance otherwise payable to the family pro rata (or more, at the option of the State) with respect to any period during a month in which the individual so refuses; or
(B) terminate such assistance,
subject to such good cause and other exceptions as the State may establish.
(2) Exception
Notwithstanding paragraph (1), a State may not reduce or terminate assistance under the State program funded under this part based on a refusal of an individual to engage in work required in accordance with this section if the individual is a single custodial parent caring for a child who has not attained 6 years of age, and the individual proves that the individual has a demonstrated inability (as determined by the State) to obtain needed child care, for 1 or more of the following reasons:
(A) Unavailability of appropriate child care within a reasonable distance from the individual's home or work site.
(B) Unavailability or unsuitability of informal child care by a relative or under other arrangements.
(C) Unavailability of appropriate and affordable formal child care arrangements.
(f) Nondisplacement in work activities
(1) In general
Subject to paragraph (2), an adult in a family receiving assistance under a State program funded under this part attributable to funds provided by the Federal Government may fill a vacant employment position in order to engage in a work activity described in subsection (d) of this section.
(2) No filling of certain vacancies
No adult in a work activity described in subsection (d) of this section which is funded, in whole or in part, by funds provided by the Federal Government shall be employed or assigned—
(A) when any other individual is on layoff from the same or any substantially equivalent job; or
(B) if the employer has terminated the employment of any regular employee or otherwise caused an involuntary reduction of its workforce in order to fill the vacancy so created with an adult described in paragraph (1).
(3) Grievance procedure
A State with a program funded under this part shall establish and maintain a grievance procedure for resolving complaints of alleged violations of paragraph (2).
(4) No preemption
Nothing in this subsection shall preempt or supersede any provision of State or local law that provides greater protection for employees from displacement.
(g) Sense of Congress
It is the sense of the Congress that in complying with this section, each State that operates a program funded under this part is encouraged to assign the highest priority to requiring adults in 2-parent families and adults in single-parent families that include older preschool or school-age children to be engaged in work activities.
(h) Sense of Congress that States should impose certain requirements on noncustodial, nonsupporting minor parents
It is the sense of the Congress that the States should require noncustodial, nonsupporting parents who have not attained 18 years of age to fulfill community work obligations and attend appropriate parenting or money management classes after school.
(i) Review of implementation of State work programs
During fiscal year 1999, the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate shall hold hearings and engage in other appropriate activities to review the implementation of this section by the States, and shall invite the Governors of the States to testify before them regarding such implementation. Based on such hearings, such Committees may introduce such legislation as may be appropriate to remedy any problems with the State programs operated pursuant to this section.
(Aug. 14, 1935, ch. 531, title IV, §407, as added
Prior Provisions
A prior section 607, act Aug. 14, 1935, ch. 531, title IV, §407, as added May 8, 1961,
Amendments
1997—
Subsec. (b)(2)(C).
Subsec. (b)(3).
Subsec. (b)(4).
Subsec. (c)(1)(B).
Subsec. (c)(1)(B)(i).
Subsec. (c)(1)(B)(ii).
Subsec. (c)(2)(A)(i).
Subsec. (c)(2)(B).
Subsec. (c)(2)(C).
Subsec. (c)(2)(C)(ii).
Subsec. (c)(2)(D).
Subsec. (e)(2).
Effective Date of 1997 Amendment
Section 5003(b) of
Amendment by section 5504 of
Amendment by section 5514(c) of
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
Section Referred to in Other Sections
This section is referred to in
§608. Prohibitions; requirements
(a) In general
(1) No assistance for families without a minor child
A State to which a grant is made under
(2) Reduction or elimination of assistance for noncooperation in establishing paternity or obtaining child support
If the agency responsible for administering the State plan approved under part D of this subchapter determines that an individual is not cooperating with the State in establishing paternity or in establishing, modifying, or enforcing a support order with respect to a child of the individual, and the individual does not qualify for any good cause or other exception established by the State pursuant to
(A) shall deduct from the assistance that would otherwise be provided to the family of the individual under the State program funded under this part an amount equal to not less than 25 percent of the amount of such assistance; and
(B) may deny the family any assistance under the State program.
(3) No assistance for families not assigning certain support rights to the State
(A) In general
A State to which a grant is made under
(i)(I) September 30, 2000, if the assignment is executed on or after October 1, 1997, and before October 1, 2000; or
(II) the date the family ceases to receive assistance under the program, if the assignment is executed on or after October 1, 2000; or
(ii) if the State elects to distribute collections under
(B) Limitation
A State to which a grant is made under
(4) No assistance for teenage parents who do not attend high school or other equivalent training program
A State to which a grant is made under
(A) educational activities directed toward the attainment of a high school diploma or its equivalent; or
(B) an alternative educational or training program that has been approved by the State.
(5) No assistance for teenage parents not living in adult-supervised settings
(A) In general
(i) Requirement
Except as provided in subparagraph (B), a State to which a grant is made under
(ii) Individual described
For purposes of clause (i), an individual described in this clause is an individual who—
(I) has not attained 18 years of age; and
(II) is not married, and has a minor child in his or her care.
(B) Exception
(i) Provision of, or assistance in locating, adult-supervised living arrangement
In the case of an individual who is described in clause (ii), the State agency referred to in
(ii) Individual described
For purposes of clause (i), an individual is described in this clause if the individual is described in subparagraph (A)(ii), and—
(I) the individual has no parent, legal guardian, or other appropriate adult relative described in subclause (II) of his or her own who is living or whose whereabouts are known;
(II) no living parent, legal guardian, or other appropriate adult relative, who would otherwise meet applicable State criteria to act as the individual's legal guardian, of such individual allows the individual to live in the home of such parent, guardian, or relative;
(III) the State agency determines that—
(aa) the individual or the minor child referred to in subparagraph (A)(ii)(II) is being or has been subjected to serious physical or emotional harm, sexual abuse, or exploitation in the residence of the individual's own parent or legal guardian; or
(bb) substantial evidence exists of an act or failure to act that presents an imminent or serious harm if the individual and the minor child lived in the same residence with the individual's own parent or legal guardian; or
(IV) the State agency otherwise determines that it is in the best interest of the minor child to waive the requirement of subparagraph (A) with respect to the individual or the minor child.
(iii) Second-chance home
For purposes of this subparagraph, the term "second-chance home" means an entity that provides individuals described in clause (ii) with a supportive and supervised living arrangement in which such individuals are required to learn parenting skills, including child development, family budgeting, health and nutrition, and other skills to promote their long-term economic independence and the well-being of their children.
(6) No medical services
(A) In general
A State to which a grant is made under
(B) Exception for prepregnancy family planning services
As used in subparagraph (A), the term "medical services" does not include prepregnancy family planning services.
(7) No assistance for more than 5 years
(A) In general
A State to which a grant is made under
(B) Minor child exception
In determining the number of months for which an individual who is a parent or pregnant has received assistance under the State program funded under this part, the State shall disregard any month for which such assistance was provided with respect to the individual and during which the individual was—
(i) a minor child; and
(ii) not the head of a household or married to the head of a household.
(C) Hardship exception
(i) In general
The State may exempt a family from the application of subparagraph (A) by reason of hardship or if the family includes an individual who has been battered or subjected to extreme cruelty.
(ii) Limitation
The average monthly number of families with respect to which an exemption made by a State under clause (i) is in effect for a fiscal year shall not exceed 20 percent of the average monthly number of families to which assistance is provided under the State program funded under this part during the fiscal year or the immediately preceding fiscal year (but not both), as the State may elect.
(iii) Battered or subject to extreme cruelty defined
For purposes of clause (i), an individual has been battered or subjected to extreme cruelty if the individual has been subjected to—
(I) physical acts that resulted in, or threatened to result in, physical injury to the individual;
(II) sexual abuse;
(III) sexual activity involving a dependent child;
(IV) being forced as the caretaker relative of a dependent child to engage in nonconsensual sexual acts or activities;
(V) threats of, or attempts at, physical or sexual abuse;
(VI) mental abuse; or
(VII) neglect or deprivation of medical care.
(D) Disregard of months of assistance received by adult while living in Indian country or an Alaskan Native village with 50 percent unemployment
(i) In general
In determining the number of months for which an adult has received assistance under a State or tribal program funded under this part, the State or tribe shall disregard any month during which the adult lived in Indian country or an Alaskan Native village if the most reliable data available with respect to the month (or a period including the month) indicate that at least 50 percent of the adults living in Indian country or in the village were not employed.
(ii) "Indian country" defined
As used in clause (i), the term "Indian country" has the meaning given such term in
(E) Rule of interpretation
Subparagraph (A) shall not be interpreted to require any State to provide assistance to any individual for any period of time under the State program funded under this part.
(F) Rule of interpretation
This part shall not be interpreted to prohibit any State from expending State funds not originating with the Federal Government on benefits for children or families that have become ineligible for assistance under the State program funded under this part by reason of subparagraph (A).
(G) Inapplicability to welfare-to-work grants and assistance
For purposes of subparagraph (A) of this paragraph, a grant made under
(8) Denial of assistance for 10 years to a person found to have fraudulently misrepresented residence in order to obtain assistance in 2 or more States
A State to which a grant is made under
(9) Denial of assistance for fugitive felons and probation and parole violators
(A) In general
A State to which a grant is made under
(i) fleeing to avoid prosecution, or custody or confinement after conviction, under the laws of the place from which the individual flees, for a crime, or an attempt to commit a crime, which is a felony under the laws of the place from which the individual flees, or which, in the case of the State of New Jersey, is a high misdemeanor under the laws of such State; or
(ii) violating a condition of probation or parole imposed under Federal or State law.
The preceding sentence shall not apply with respect to conduct of an individual, for any month beginning after the President of the United States grants a pardon with respect to the conduct.
(B) Exchange of information with law enforcement agencies
If a State to which a grant is made under
(i) the recipient—
(I) is described in subparagraph (A); or
(II) has information that is necessary for the officer to conduct the official duties of the officer; and
(ii) the location or apprehension of the recipient is within such official duties.
(10) Denial of assistance for minor children who are absent from the home for a significant period
(A) In general
A State to which a grant is made under
(B) State authority to establish good cause exceptions
The State may establish such good cause exceptions to subparagraph (A) as the State considers appropriate if such exceptions are provided for in the State plan submitted pursuant to
(C) Denial of assistance for relative who fails to notify State agency of absence of child
A State to which a grant is made under
(11) Medical assistance required to be provided for certain families having earnings from employment or child support
(A) Earnings from employment
A State to which a grant is made under
(B) Child support
A State to which a grant is made under
(b) Individual responsibility plans
(1) Assessment
The State agency responsible for administering the State program funded under this part shall make an initial assessment of the skills, prior work experience, and employability of each recipient of assistance under the program who—
(A) has attained 18 years of age; or
(B) has not completed high school or obtained a certificate of high school equivalency, and is not attending secondary school.
(2) Contents of plans
(A) In general
On the basis of the assessment made under subsection (a) of this section with respect to an individual, the State agency, in consultation with the individual, may develop an individual responsibility plan for the individual, which—
(i) sets forth an employment goal for the individual and a plan for moving the individual immediately into private sector employment;
(ii) sets forth the obligations of the individual, which may include a requirement that the individual attend school, maintain certain grades and attendance, keep school age children of the individual in school, immunize children, attend parenting and money management classes, or do other things that will help the individual become and remain employed in the private sector;
(iii) to the greatest extent possible is designed to move the individual into whatever private sector employment the individual is capable of handling as quickly as possible, and to increase the responsibility and amount of work the individual is to handle over time;
(iv) describes the services the State will provide the individual so that the individual will be able to obtain and keep employment in the private sector, and describe the job counseling and other services that will be provided by the State; and
(v) may require the individual to undergo appropriate substance abuse treatment.
(B) Timing
The State agency may comply with paragraph (1) with respect to an individual—
(i) within 90 days (or, at the option of the State, 180 days) after the effective date of this part, in the case of an individual who, as of such effective date, is a recipient of aid under the State plan approved under part A of this subchapter (as in effect immediately before such effective date); or
(ii) within 30 days (or, at the option of the State, 90 days) after the individual is determined to be eligible for such assistance, in the case of any other individual.
(3) Penalty for noncompliance by individual
In addition to any other penalties required under the State program funded under this part, the State may reduce, by such amount as the State considers appropriate, the amount of assistance otherwise payable under the State program to a family that includes an individual who fails without good cause to comply with an individual responsibility plan signed by the individual.
(4) State discretion
The exercise of the authority of this subsection shall be within the sole discretion of the State.
(c) Sanctions against recipients not considered wage reductions
A penalty imposed by a State against the family of an individual by reason of the failure of the individual to comply with a requirement under the State program funded under this part shall not be construed to be a reduction in any wage paid to the individual.
(d) Nondiscrimination provisions
The following provisions of law shall apply to any program or activity which receives funds provided under this part:
(1) The Age Discrimination Act of 1975 (
(2)
(3) The Americans with Disabilities Act of 1990 (
(4) Title VI of the Civil Rights Act of 1964 (
(e) Special rules relating to treatment of certain aliens
For special rules relating to the treatment of certain aliens, see title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.
(f) Special rules relating to treatment of non-213A aliens
The following rules shall apply if a State elects to take the income or resources of any sponsor of a non-213A alien into account in determining whether the alien is eligible for assistance under the State program funded under this part, or in determining the amount or types of such assistance to be provided to the alien:
(1) Deeming of sponsor's income and resources
For a period of 3 years after a non-213A alien enters the United States:
(A) Income deeming rule
The income of any sponsor of the alien and of any spouse of the sponsor is deemed to be income of the alien, to the extent that the total amount of the income exceeds the sum of—
(i) the lesser of—
(I) 20 percent of the total of any amounts received by the sponsor or any such spouse in the month as wages or salary or as net earnings from self-employment, plus the full amount of any costs incurred by the sponsor and any such spouse in producing self-employment income in such month; or
(II) $175;
(ii) the cash needs standard established by the State for purposes of determining eligibility for assistance under the State program funded under this part for a family of the same size and composition as the sponsor and any other individuals living in the same household as the sponsor who are claimed by the sponsor as dependents for purposes of determining the sponsor's Federal personal income tax liability but whose needs are not taken into account in determining whether the sponsor's family has met the cash needs standard;
(iii) any amounts paid by the sponsor or any such spouse to individuals not living in the household who are claimed by the sponsor as dependents for purposes of determining the sponsor's Federal personal income tax liability; and
(iv) any payments of alimony or child support with respect to individuals not living in the household.
(B) Resource deeming rule
The resources of a sponsor of the alien and of any spouse of the sponsor are deemed to be resources of the alien to the extent that the aggregate value of the resources exceeds $1,500.
(C) Sponsors of multiple non-213A aliens
If a person is a sponsor of 2 or more non-213A aliens who are living in the same home, the income and resources of the sponsor and any spouse of the sponsor that would be deemed income and resources of any such alien under subparagraph (A) shall be divided into a number of equal shares equal to the number of such aliens, and the State shall deem the income and resources of each such alien to include 1 such share.
(2) Ineligibility of non-213A aliens sponsored by agencies; exception
A non-213A alien whose sponsor is or was a public or private agency shall be ineligible for assistance under a State program funded under this part, during a period of 3 years after the alien enters the United States, unless the State agency administering the program determines that the sponsor either no longer exists or has become unable to meet the alien's needs.
(3) Information provisions
(A) Duties of non-213A aliens
A non-213A alien, as a condition of eligibility for assistance under a State program funded under this part during the period of 3 years after the alien enters the United States, shall be required to provide to the State agency administering the program—
(i) such information and documentation with respect to the alien's sponsor as may be necessary in order for the State agency to make any determination required under this subsection, and to obtain any cooperation from the sponsor necessary for any such determination; and
(ii) such information and documentation as the State agency may request and which the alien or the alien's sponsor provided in support of the alien's immigration application.
(B) Duties of Federal agencies
The Secretary shall enter into agreements with the Secretary of State and the Attorney General under which any information available to them and required in order to make any determination under this subsection will be provided by them to the Secretary (who may, in turn, make the information available, upon request, to a concerned State agency).
(4) "Non-213A alien" defined
An alien is a non-213A alien for purposes of this subsection if the affidavit of support or similar agreement with respect to the alien that was executed by the sponsor of the alien's entry into the United States was executed other than pursuant to section 213A of the Immigration and Nationality Act [
(5) Inapplicability to alien minor sponsored by a parent
This subsection shall not apply to an alien who is a minor child if the sponsor of the alien or any spouse of the sponsor is a parent of the alien.
(6) Inapplicability to certain categories of aliens
This subsection shall not apply to an alien who is—
(A) admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act [
(B) paroled into the United States under section 212(d)(5) of such Act [
(C) granted political asylum by the Attorney General under section 208 of such Act [
(g) State required to provide certain information
Each State to which a grant is made under
(Aug. 14, 1935, ch. 531, title IV, §408, as added
References in Text
Part D of this subchapter, referred to in subsec. (a)(2), (11)(B), is classified to
The Food Stamp Act of 1977, referred to in subsec. (a)(8), is
For effective date of this part, referred to in subsec. (b)(2)(B)(i), see Effective Date note set out below.
The Age Discrimination Act of 1975, referred to in subsec. (d)(1), is title III of
The Americans with Disabilities Act of 1990, referred to in subsec. (d)(3), is
The Civil Rights Act of 1964, referred to in subsec. (d)(4), is
Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, referred to in subsec. (e), is title IV (§400 et seq.) of
Prior Provisions
A prior section 608, act Aug. 14, 1935, ch. 531, title IV, §408, as added Dec. 19, 1989,
Another prior section 608, act Aug. 14, 1935, ch. 531, title IV, §408, as added May 8, 1961,
Amendments
1997—
Subsec. (a)(1).
"(A) unless the family includes—
"(i) a minor child who resides with a custodial parent or other adult caretaker relative of the child; or
"(ii) a pregnant individual; and
"(B) if the family includes an adult who has received assistance under any State program funded under this part attributable to funds provided by the Federal Government, for 60 months (whether or not consecutive) after the date the State program funded under this part commences (unless an exception described in subparagraph (B), (C), or (D) of paragraph (7) applies)."
Subsec. (a)(3).
Subsec. (a)(3)(A).
Subsec. (a)(5)(A)(ii).
Subsec. (a)(7)(C)(ii).
Subsec. (a)(7)(D).
"(i) at least 1,000 individuals were living on the reservation or in the village; and
"(ii) at least 50 percent of the adults living on the reservation or in the village were unemployed."
Subsec. (a)(7)(G).
Subsecs. (c), (d).
Subsec. (e).
Subsec. (f). Pub. B. 105–33, §5505(e), added subsec. (f).
Subsec. (g).
Effective Date of 1997 Amendment
Section 5001(h)(2) of
Amendment by section 5505 of
Amendment by section 5514(c) of
"(a)
"(b)
[
Section 5581(a) of
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
Section Referred to in Other Sections
This section is referred to in
§608a. Fraud under means-tested welfare and public assistance programs
(a) In general
If an individual's benefits under a Federal, State, or local law relating to a means-tested welfare or a public assistance program are reduced because of an act of fraud by the individual under the law or program, the individual may not, for the duration of the reduction, receive an increased benefit under any other means-tested welfare or public assistance program for which Federal funds are appropriated as a result of a decrease in the income of the individual (determined under the applicable program) attributable to such reduction.
(b) Welfare or public assistance programs for which Federal funds are appropriated
For purposes of subsection (a) of this section, the term "means-tested welfare or public assistance program for which Federal funds are appropriated" includes the food stamp program under the Food Stamp Act of 1977 (
(
References in Text
The Food Stamp Act of 1977, referred to in subsec. (b), is
The United States Housing Act of 1937, referred to in subsec. (b), is act Sept. 1, 1937, ch. 896, as revised generally by
Codification
Section was enacted as part of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, and not as part of the Social Security Act which comprises this chapter.
§609. Penalties
(a) In general
Subject to this section:
(1) Use of grant in violation of this part
(A) General penalty
If an audit conducted under
(B) Enhanced penalty for intentional violations
If the State does not prove to the satisfaction of the Secretary that the State did not intend to use the amount in violation of this part, the Secretary shall further reduce the grant payable to the State under
(C) Penalty for misuse of competitive welfare-to-work funds
If the Secretary of Labor finds that an amount paid to an entity under
(2) Failure to submit required report
(A) In general
If the Secretary determines that a State has not, within 45 days after the end of a fiscal quarter, submitted the report required by
(B) Rescission of penalty
The Secretary shall rescind a penalty imposed on a State under subparagraph (A) with respect to a report if the State submits the report before the end of the fiscal quarter that immediately succeeds the fiscal quarter for which the report was required.
(3) Failure to satisfy minimum participation rates
(A) In general
If the Secretary determines that a State to which a grant is made under
(B) "Applicable percentage" defined
As used in subparagraph (A), the term "applicable percentage" means, with respect to a State—
(i) if a penalty was not imposed on the State under subparagraph (A) for the immediately preceding fiscal year, 5 percent; or
(ii) if a penalty was imposed on the State under subparagraph (A) for the immediately preceding fiscal year, the lesser of—
(I) the percentage by which the grant payable to the State under
(II) 21 percent.
(C) Penalty based on severity of failure
The Secretary shall impose reductions under subparagraph (A) with respect to a fiscal year based on the degree of noncompliance, and may reduce the penalty if the noncompliance is due to circumstances that caused the State to become a needy State (as defined in
(4) Failure to participate in the income and eligibility verification system
If the Secretary determines that a State program funded under this part is not participating during a fiscal year in the income and eligibility verification system required by
(5) Failure to comply with paternity establishment and child support enforcement requirements under part D
Notwithstanding any other provision of this chapter, if the Secretary determines that the State agency that administers a program funded under this part does not enforce the penalties requested by the agency administering part D of this subchapter against recipients of assistance under the State program who fail to cooperate in establishing paternity or in establishing, modifying, or enforcing a child support order in accordance with such part and who do not qualify for any good cause or other exception established by the State under
(6) Failure to timely repay a Federal Loan Fund for State Welfare Programs
If the Secretary determines that a State has failed to repay any amount borrowed from the Federal Loan Fund for State Welfare Programs established under
(7) Failure of any State to maintain certain level of historic effort
(A) In general
The Secretary shall reduce the grant payable to the State under
(B) Definitions
As used in this paragraph:
(i) Qualified State expenditures
(I) In general
The term "qualified State expenditures" means, with respect to a State and a fiscal year, the total expenditures by the State during the fiscal year, under all State programs, for any of the following with respect to eligible families:
(aa) Cash assistance, including any amount collected by the State as support pursuant to a plan approved under part D of this subchapter, on behalf of a family receiving assistance under the State program funded under this part, that is distributed to the family under
(bb) Child care assistance.
(cc) Educational activities designed to increase self-sufficiency, job training, and work, excluding any expenditure for public education in the State except expenditures which involve the provision of services or assistance to a member of an eligible family which is not generally available to persons who are not members of an eligible family.
(dd) Administrative costs in connection with the matters described in items (aa), (bb), (cc), and (ee), but only to the extent that such costs do not exceed 15 percent of the total amount of qualified State expenditures for the fiscal year.
(ee) Any other use of funds allowable under
(II) Exclusion of transfers from other State and local programs
Such term does not include expenditures under any State or local program during a fiscal year, except to the extent that—
(aa) the expenditures exceed the amount expended under the State or local program in the fiscal year most recently ending before August 22, 1996; or
(bb) the State is entitled to a payment under former
(III) Exclusion of amounts expended to replace penalty grant reductions
Such term does not include any amount expended in order to comply with paragraph (12).
(IV) Eligible families
As used in subclause (I), the term "eligible families" means families eligible for assistance under the State program funded under this part, families that would be eligible for such assistance but for the application of
(ii) Applicable percentage
The term "applicable percentage" means for fiscal years 1997 through 2002, 80 percent (or, if the State meets the requirements of
(iii) Historic State expenditures
The term "historic State expenditures" means, with respect to a State, the lesser of—
(I) the expenditures by the State under parts A and F of this subchapter (as in effect during fiscal year 1994) for fiscal year 1994; or
(II) the amount which bears the same ratio to the amount described in subclause (I) as—
(aa) the State family assistance grant, plus the total amount required to be paid to the State under former
(bb) the total amount required to be paid to the State under former
Such term does not include any expenditures under the State plan approved under part A of this subchapter (as so in effect) on behalf of individuals covered by a tribal family assistance plan approved under
(iv) Expenditures by the State
The term "expenditures by the State" does not include—
(I) any expenditure from amounts made available by the Federal Government;
(II) any State funds expended for the medicaid program under subchapter XIX of this chapter;
(III) any State funds which are used to match Federal funds provided under
(IV) any State funds which are expended as a condition of receiving Federal funds other than under this part.
Notwithstanding subclause (IV) of the preceding sentence, such term includes expenditures by a State for child care in a fiscal year to the extent that the total amount of the expenditures does not exceed the amount of State expenditures in fiscal year 1994 or 1995 (whichever is the greater) that equal the non-Federal share for the programs described in
(v) Source of data
In determining expenditures by a State for fiscal years 1994 and 1995, the Secretary shall use information which was reported by the State on ACF Form 231 or (in the case of expenditures under part F of this subchapter) ACF Form 331, available as of the dates specified in clauses (ii) and (iii) of
(8) Noncompliance of State child support enforcement program with requirements of part D
(A) In general
If the Secretary finds, with respect to a State's program under part D of this subchapter, in a fiscal year beginning on or after October 1, 1997—
(i)(I) on the basis of data submitted by a State pursuant to
(II) on the basis of the results of an audit or audits conducted under
(III) on the basis of the results of an audit or audits conducted under
(ii) that, with respect to the succeeding fiscal year—
(I) the State failed to take sufficient corrective action to achieve the appropriate performance levels or compliance as described in subparagraph (A)(i); or
(II) the data submitted by the State pursuant to
the amounts otherwise payable to the State under this part for quarters following the end of such succeeding fiscal year, prior to quarters following the end of the first quarter throughout which the State program has achieved the paternity establishment percentages or other performance measures as described in subparagraph (A)(i)(I), or is in substantial compliance with 1 or more of the requirements of part D of this subchapter as described in subparagraph (A)(i)(III), as appropriate, shall be reduced by the percentage specified in subparagraph (B).
(B) Amount of reductions
The reductions required under subparagraph (A) shall be—
(i) not less than 1 nor more than 2 percent;
(ii) not less than 2 nor more than 3 percent, if the finding is the 2nd consecutive finding made pursuant to subparagraph (A); or
(iii) not less than 3 nor more than 5 percent, if the finding is the 3rd or a subsequent consecutive such finding.
(C) Disregard of noncompliance which is of a technical nature
For purposes of this section and
(i) to have failed to have substantially complied with 1 or more of the requirements of part D of this subchapter shall be determined to have achieved substantial compliance only if the Secretary determines that the extent of the noncompliance is of a technical nature which does not adversely affect the performance of the State's program under part D of this subchapter; or
(ii) to have submitted incomplete or unreliable data pursuant to
(9) Failure to comply with 5-year limit on assistance
If the Secretary determines that a State has not complied with
(10) Failure of State receiving amounts from Contingency Fund to maintain 100 percent of historic effort
If, at the end of any fiscal year during which amounts from the Contingency Fund for State Welfare Programs have been paid to a State, the Secretary finds that the qualified State expenditures (as defined in paragraph (7)(B)(i) (other than the expenditures described in subclause (I)(bb) of that paragraph)) under the State program funded under this part for the fiscal year are less than 100 percent of historic State expenditures (as defined in paragraph (7)(B)(iii) of this subsection), excluding any amount expended by the State for child care under subsection (g) or (i) of
(11) Failure to maintain assistance to adult single custodial parent who cannot obtain child care for child under age 6
(A) In general
If the Secretary determines that a State to which a grant is made under
(B) Penalty based on severity of failure
The Secretary shall impose reductions under subparagraph (A) with respect to a fiscal year based on the degree of noncompliance.
(12) Requirement to expend additional State funds to replace grant reductions; penalty for failure to do so
If the grant payable to a State under
(A) not more than 2 percent of the State family assistance grant; and
(B) the amount of the expenditure required by the preceding sentence.
(13) Penalty for failure of State to maintain historic effort during year in which welfare-to-work grant is received
If a grant is made to a State under
(14) Penalty for failure to reduce assistance for recipients refusing without good cause to work
(A) In general
If the Secretary determines that a State to which a grant is made under
(B) Penalty based on severity of failure
The Secretary shall impose reductions under subparagraph (A) with respect to a fiscal year based on the degree of noncompliance.
(b) Reasonable cause exception
(1) In general
The Secretary may not impose a penalty on a State under subsection (a) of this section with respect to a requirement if the Secretary determines that the State has reasonable cause for failing to comply with the requirement.
(2) Exception
Paragraph (1) of this subsection shall not apply to any penalty under paragraph (6), (7), (8), (10), (12), or (13) of subsection (a) of this section.
(c) Corrective compliance plan
(1) In general
(A) Notification of violation
Before imposing a penalty against a State under subsection (a) of this section with respect to a violation of this part, the Secretary shall notify the State of the violation and allow the State the opportunity to enter into a corrective compliance plan in accordance with this subsection which outlines how the State will correct or discontinue, as appropriate, the violation and how the State will insure continuing compliance with this part.
(B) 60-day period to propose a corrective compliance plan
During the 60-day period that begins on the date the State receives a notice provided under subparagraph (A) with respect to a violation, the State may submit to the Federal Government a corrective compliance plan to correct or discontinue, as appropriate, the violation.
(C) Consultation about modifications
During the 60-day period that begins with the date the Secretary receives a corrective compliance plan submitted by a State in accordance with subparagraph (B), the Secretary may consult with the State on modifications to the plan.
(D) Acceptance of plan
A corrective compliance plan submitted by a State in accordance with subparagraph (B) is deemed to be accepted by the Secretary if the Secretary does not accept or reject the plan during 60-day period that begins on the date the plan is submitted.
(2) Effect of correcting or discontinuing violation
The Secretary may not impose any penalty under subsection (a) of this section with respect to any violation covered by a State corrective compliance plan accepted by the Secretary if the State corrects or discontinues, as appropriate 1 the violation pursuant to the plan.
(3) Effect of failing to correct or discontinue violation
The Secretary shall assess some or all of a penalty imposed on a State under subsection (a) of this section with respect to a violation if the State does not, in a timely manner, correct or discontinue, as appropriate, the violation pursuant to a State corrective compliance plan accepted by the Secretary.
(4) Inapplicability to certain penalties
This subsection shall not apply to the imposition of a penalty against a State under paragraph (6), (7), (8), (10), (12), or (13) of subsection (a) of this section.
(d) Limitation on amount of penalties
(1) In general
In imposing the penalties described in subsection (a) of this section, the Secretary shall not reduce any quarterly payment to a State by more than 25 percent.
(2) Carryforward of unrecovered penalties
To the extent that paragraph (1) of this subsection prevents the Secretary from recovering during a fiscal year the full amount of penalties imposed on a State under subsection (a) of this section for a prior fiscal year, the Secretary shall apply any remaining amount of such penalties to the grant payable to the State under
(Aug. 14, 1935, ch. 531, title IV, §409, as added
References in Text
Part D of this subchapter, referred to in subsec. (a)(5), (7)(B)(i)(I)(aa), (8), is classified to
Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, referred to in subsec. (a)(7)(B)(i)(IV), is title IV (§400 et seq.) of
Part F of this subchapter, referred to in subsec. (a)(7)(B)(iii)(I), (v), was classified to
Prior Provisions
A prior section 609, act Aug. 14, 1935, ch. 531, title IV, §409, as added Nov. 5, 1990,
Another prior section 609, act Aug. 14, 1935, ch. 531, title IV, §409, as added and amended July 25, 1962,
Amendments
1999—Subsec. (a)(7)(B)(i)(II).
Subsec. (a)(8)(A)(i)(III).
1998—Subsec. (a)(8)(A)(i)(III).
1997—
Subsec. (a)(1)(C).
Subsec. (a)(2)(A).
Subsec. (a)(3)(A).
Subsec. (a)(3)(C).
Subsec. (a)(7)(B)(i)(I)(aa).
Subsec. (a)(7)(B)(i)(III).
Subsec. (a)(7)(B)(i)(IV).
Subsec. (a)(7)(B)(ii).
Subsec. (a)(7)(B)(iv).
"(I) any expenditures from amounts made available by the Federal Government;
"(II) any State funds expended for the medicaid program under subchapter XIX of this chapter;
"(III) any State funds which are used to match Federal funds; or
"(IV) any State funds which are expended as a condition of receiving Federal funds under Federal programs other than under this part.
Notwithstanding subclause (IV) of the preceding sentence, such term includes expenditures by a State for child care in a fiscal year to the extent that the total amount of such expenditures does not exceed an amount equal to 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
Subsec. (a)(7)(B)(v).
Subsec. (a)(8).
Subsec. (a)(9).
Subsec. (a)(10).
Subsec. (a)(12).
"(A) not more than 2 percent of the State family assistance grant; and
"(B) the amount of the expenditure required by the preceding sentence."
Subsec. (a)(13).
Subsec. (a)(14).
Subsec. (b)(2).
Subsec. (c)(1)(A), (B).
Subsec. (c)(2).
Subsec. (c)(3).
Subsec. (c)(4).
Effective Date of 1999 Amendments
Amendment by
Effective Date of 1997 Amendment
Section 5004(b) of
Amendment by section 5506 of
Amendment by section 5514(c) of
Effective Date
Section effective July 1, 1997, with delayed effective date for subsec. (a)(2)–(5), (8), (10) of this section, and 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
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be followed by a comma.
§610. Appeal of adverse decision
(a) In general
Within 5 days after the date the Secretary takes any adverse action under this part with respect to a State, the Secretary shall notify the chief executive officer of the State of the adverse action, including any action with respect to the State plan submitted under
(b) Administrative review
(1) In general
Within 60 days after the date a State receives notice under subsection (a) of this section of an adverse action, the State may appeal the action, in whole or in part, to the Departmental Appeals Board established in the Department of Health and Human Services (in this section referred to as the "Board") by filing an appeal with the Board.
(2) Procedural rules
The Board shall consider an appeal filed by a State under paragraph (1) on the basis of such documentation as the State may submit and as the Board may require to support the final decision of the Board. In deciding whether to uphold an adverse action or any portion of such an action, the Board shall conduct a thorough review of the issues and take into account all relevant evidence. The Board shall make a final determination with respect to an appeal filed under paragraph (1) not less than 60 days after the date the appeal is filed.
(c) Judicial review of adverse decision
(1) In general
Within 90 days after the date of a final decision by the Board under this section with respect to an adverse action taken against a State, the State may obtain judicial review of the final decision (and the findings incorporated into the final decision) by filing an action in—
(A) the district court of the United States for the judicial district in which the principal or headquarters office of the State agency is located; or
(B) the United States District Court for the District of Columbia.
(2) Procedural rules
The district court in which an action is filed under paragraph (1) shall review the final decision of the Board on the record established in the administrative proceeding, in accordance with the standards of review prescribed by subparagraphs (A) through (E) of
(Aug. 14, 1935, ch. 531, title IV, §410, as added
Prior Provisions
A prior section 610, act Aug. 14, 1935, ch. 531, title IV, §410, as added Oct. 21, 1976,
Another prior section 610, act Aug. 14, 1935, ch. 531, title IV, §410, as added Jan. 2, 1968,
Amendments
1997—
Effective Date of 1997 Amendment
Amendment by
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
§611. Data collection and reporting
(a) Quarterly reports by States
(1) General reporting requirement
(A) Contents of report
Each eligible State shall collect on a monthly basis, and report to the Secretary on a quarterly basis, the following disaggregated case record information on the families receiving assistance under the State program funded under this part (except for information relating to activities carried out under
(i) The county of residence of the family.
(ii) Whether a child receiving such assistance or an adult in the family is receiving—
(I) Federal disability insurance benefits;
(II) benefits based on Federal disability status;
(III) aid under a State plan approved under subchapter XIV of this chapter (as in effect without regard to the amendment made by section 301 of the Social Security Amendments of 1972)); 1
(IV) aid or assistance under a State plan approved under subchapter XVI of this chapter (as in effect without regard to such amendment) by reason of being permanently and totally disabled; or
(V) supplemental security income benefits under subchapter XVI of this chapter (as in effect pursuant to such amendment) by reason of disability.
(iii) The ages of the members of such families.
(iv) The number of individuals in the family, and the relation of each family member to the head of the family.
(v) The employment status and earnings of the employed adult in the family.
(vi) The marital status of the adults in the family, including whether such adults have never married, are widowed, or are divorced.
(vii) The race and educational level of each adult in the family.
(viii) The race and educational level of each child in the family.
(ix) Whether the family received subsidized housing, medical assistance under the State plan approved under subchapter XIX of this chapter, food stamps, or subsidized child care, and if the latter 2, the amount received.
(x) The number of months that the family has received each type of assistance under the program.
(xi) If the adults participated in, and the number of hours per week of participation in, the following activities:
(I) Education.
(II) Subsidized private sector employment.
(III) Unsubsidized employment.
(IV) Public sector employment, work experience, or community service.
(V) Job search.
(VI) Job skills training or on-the-job training.
(VII) Vocational education.
(xii) Information necessary to calculate participation rates under
(xiii) The type and amount of assistance received under the program, including the amount of and reason for any reduction of assistance (including sanctions).
(xiv) Any amount of unearned income received by any member of the family.
(xv) The citizenship of the members of the family.
(xvi) From a sample of closed cases, whether the family left the program, and if so, whether the family left due to—
(I) employment;
(II) marriage;
(III) the prohibition set forth in
(IV) sanction; or
(V) State policy.
(xvii) With respect to each individual in the family who has not attained 20 years of age, whether the individual is a parent of a child in the family.
(B) Use of samples
(i) Authority
A State may comply with subparagraph (A) by submitting disaggregated case record information on a sample of families selected through the use of scientifically acceptable sampling methods approved by the Secretary.
(ii) Sampling and other methods
The Secretary shall provide the States with such case sampling plans and data collection procedures as the Secretary deems necessary to produce statistically valid estimates of the performance of State programs funded under this part. The Secretary may develop and implement procedures for verifying the quality of data submitted by the States.
(2) Report on use of Federal funds to cover administrative costs and overhead
The report required by paragraph (1) for a fiscal quarter shall include a statement of the percentage of the funds paid to the State under this part for the quarter that are used to cover administrative costs or overhead, with a separate statement of the percentage of such funds that are used to cover administrative costs or overhead incurred for programs operated with funds provided under
(3) Report on State expenditures on programs for needy families
The report required by paragraph (1) for a fiscal quarter shall include a statement of the total amount expended by the State during the quarter on programs for needy families, with a separate statement of the total amount expended by the State during the quarter on programs operated with funds provided under
(4) Report on noncustodial parents participating in work activities
The report required by paragraph (1) for a fiscal quarter shall include the number of noncustodial parents in the State who participated in work activities (as defined in
(5) Report on transitional services
The report required by paragraph (1) for a fiscal quarter shall include the total amount expended by the State during the quarter to provide transitional services to a family that has ceased to receive assistance under this part because of employment, along with a description of such services.
(6) Report on families receiving assistance
The report required by paragraph (1) for a fiscal quarter shall include for each month in the quarter—
(A) the number of families and individuals receiving assistance under the State program funded under this part (including the number of 2-parent and 1-parent families);
(B) the total dollar value of such assistance received by all families; and
(C) with respect to families and individuals participating in a program operated with funds provided under
(i) the total number of such families and individuals; and
(ii) the number of such families and individuals whose participation in such a program was terminated during a month.
(7) Regulations
The Secretary shall prescribe such regulations as may be necessary to define the data elements with respect to which reports are required by this subsection, and shall consult with the Secretary of Labor in defining the data elements with respect to programs operated with funds provided under
(b) Annual reports to Congress by Secretary
Not later than 6 months after the end of fiscal year 1997, and each fiscal year thereafter, the Secretary shall transmit to the Congress a report describing—
(1) whether the States are meeting—
(A) the participation rates described in
(B) the objectives of—
(i) increasing employment and earnings of needy families, and child support collections; and
(ii) decreasing out-of-wedlock pregnancies and child poverty;
(2) the demographic and financial characteristics of families applying for assistance, families receiving assistance, and families that become ineligible to receive assistance;
(3) the characteristics of each State program funded under this part; and
(4) the trends in employment and earnings of needy families with minor children living at home.
(Aug. 14, 1935, ch. 531, title IV, §411, as added
References in Text
Section 301 of the Social Security Amendments of 1972, referred to in subsec. (a)(1)(A)(ii)(III), is section 301 of
Prior Provisions
A prior section 611, act Aug. 14, 1935, ch. 531, title IV, §411, as added Dec. 20, 1977,
Amendments
1999—Subsec. (a)(1)(A).
Subsec. (a)(1)(A)(xviii).
1997—
Subsec. (a)(1)(A)(ii).
Subsec. (a)(1)(A)(iv).
Subsec. (a)(1)(A)(vii), (viii).
Subsec. (a)(1)(A)(xvii).
Subsec. (a)(1)(A)(xviii).
Subsec. (a)(1)(B).
Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (a)(4).
Subsec. (a)(6).
Subsec. (a)(6)(C).
Subsec. (a)(7).
Effective Date of 1997 Amendment
Amendment by section 5507 of
Amendment by section 5514(c) of
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
Section Referred to in Other Sections
This section is referred to in
1 So in original. The second parenthesis probably should not appear.
§611a. State required to provide certain information
Each State to which a grant is made under
(Aug. 14, 1935, ch. 531, title IV, §411A, as added
§612. Direct funding and administration by Indian tribes
(a) Grants for Indian tribes
(1) Tribal family assistance grant
(A) In general
For each of fiscal years 1997, 1998, 1999, 2000, 2001, and 2002, the Secretary shall pay to each Indian tribe that has an approved tribal family assistance plan a tribal family assistance grant for the fiscal year in an amount equal to the amount determined under subparagraph (B), which shall be reduced for a fiscal year, on a pro rata basis for each quarter, in the case of a tribal family assistance plan approved during a fiscal year for which the plan is to be in effect, and shall reduce the grant payable under
(B) Amount determined
(i) In general
The amount determined under this subparagraph is an amount equal to the total amount of the Federal payments to a State or States under
(ii) Use of State submitted data
(I) In general
The Secretary shall use State submitted data to make each determination under clause (i).
(II) Disagreement with determination
If an Indian tribe or tribal organization disagrees with State submitted data described under subclause (I), the Indian tribe or tribal organization may submit to the Secretary such additional information as may be relevant to making the determination under clause (i) and the Secretary may consider such information before making such determination.
(2) Grants for Indian tribes that received jobs funds
(A) In general
For each of fiscal years 1997, 1998, 1999, 2000, 2001, and 2002, the Secretary shall pay to each eligible Indian tribe that proposes to operate a program described in subparagraph (C) a grant in an amount equal to the amount received by the Indian tribe in fiscal year 1994 under
(B) Eligible Indian tribe
For purposes of subparagraph (A), the term "eligible Indian tribe" means an Indian tribe or Alaska Native organization that conducted a job opportunities and basic skills training program in fiscal year 1995 under
(C) Use of grant
Each Indian tribe to which a grant is made under this paragraph shall use the grant for the purpose of operating a program to make work activities available to such population and such service area or areas as the tribe specifies.
(D) Appropriation
Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated $7,633,287 for each fiscal year specified in subparagraph (A) for grants under subparagraph (A).
(3) Welfare-to-work grants
(A) In general
The Secretary of Labor shall award a grant in accordance with this paragraph to an Indian tribe for each fiscal year specified in
(B) Welfare-to-work tribe
An Indian tribe shall be considered a welfare-to-work tribe for a fiscal year for purposes of this paragraph if the Indian tribe meets the following requirements:
(i) The Indian tribe has submitted to the Secretary of Labor a plan which describes how, consistent with
(ii) The Indian tribe is operating a program under a tribal family assistance plan approved by the Secretary of Health and Human Services, a program described in paragraph (2)(C), or an employment program funded through other sources under which substantial services are provided to recipients of assistance under a program funded under this part.
(iii) The Indian tribe has provided the Secretary of Labor with an estimate of the amount that the Indian tribe intends to expend during the fiscal year (excluding tribal expenditures described in section 609(a)(7)(B)(iv) (other than subclause (III) thereof) of this title) pursuant to this paragraph.
(iv) The Indian tribe has agreed to negotiate in good faith with the Secretary of Health and Human Services with respect to the substance and funding of any evaluation under
(C) Limitations on use of funds
(i) In general
(ii) Waiver authority
The Secretary of Labor may waive or modify the application of a provision of section 603(a)(5)(C) (other than clause (viii) thereof) of this title with respect to an Indian tribe to the extent necessary to enable the Indian tribe to operate a more efficient or effective program with the funds provided under this paragraph.
(iii) Regulations
Within 90 days after August 5, 1997, the Secretary of Labor, after consultation with the Secretary of Health and Human Services and the Secretary of Housing and Urban Development, shall prescribe such regulations as may be necessary to implement this paragraph.
(b) 3-year tribal family assistance plan
(1) In general
Any Indian tribe that desires to receive a tribal family assistance grant shall submit to the Secretary a 3-year tribal family assistance plan that—
(A) outlines the Indian tribe's approach to providing welfare-related services for the 3-year period, consistent with this section;
(B) specifies whether the welfare-related services provided under the plan will be provided by the Indian tribe or through agreements, contracts, or compacts with intertribal consortia, States, or other entities;
(C) identifies the population and service area or areas to be served by such plan;
(D) provides that a family receiving assistance under the plan may not receive duplicative assistance from other State or tribal programs funded under this part;
(E) identifies the employment opportunities in or near the service area or areas of the Indian tribe and the manner in which the Indian tribe will cooperate and participate in enhancing such opportunities for recipients of assistance under the plan consistent with any applicable State standards; and
(F) applies the fiscal accountability provisions of section 5(f)(1) of the Indian Self-Determination and Education Assistance Act (
(2) Approval
The Secretary shall approve each tribal family assistance plan submitted in accordance with paragraph (1).
(3) Consortium of tribes
Nothing in this section shall preclude the development and submission of a single tribal family assistance plan by the participating Indian tribes of an intertribal consortium.
(c) Minimum work participation requirements and time limits
The Secretary, with the participation of Indian tribes, shall establish for each Indian tribe receiving a grant under this section minimum work participation requirements, appropriate time limits for receipt of welfare-related services under the grant, and penalties against individuals—
(1) consistent with the purposes of this section;
(2) consistent with the economic conditions and resources available to each tribe; and
(3) similar to comparable provisions in
(d) Emergency assistance
Nothing in this section shall preclude an Indian tribe from seeking emergency assistance from any Federal loan program or emergency fund.
(e) Accountability
Nothing in this section shall be construed to limit the ability of the Secretary to maintain program funding accountability consistent with—
(1) generally accepted accounting principles; and
(2) the requirements of the Indian Self-Determination and Education Assistance Act (
(f) Eligibility for Federal loans
(g) Penalties
(1) Subsections (a)(1), (a)(6), (b), and (c) of
(2)
(h) Data collection and reporting
(i) Special rule for Indian tribes in Alaska
(1) In general
Notwithstanding any other provision of this section, and except as provided in paragraph (2), an Indian tribe in the State of Alaska that receives a tribal family assistance grant under this section shall use the grant to operate a program in accordance with requirements comparable to the requirements applicable to the program of the State of Alaska funded under this part. Comparability of programs shall be established on the basis of program criteria developed by the Secretary in consultation with the State of Alaska and such Indian tribes.
(2) Waiver
An Indian tribe described in paragraph (1) may apply to the appropriate State authority to receive a waiver of the requirement of paragraph (1).
(Aug. 14, 1935, ch. 531, title IV, §412, as added
References in Text
Part F of this subchapter, referred to in subsec. (a)(1)(B)(i), was classified to
The Indian Self-Determination and Education Assistance Act, referred to in subsec. (e)(2), is
Prior Provisions
A prior section 612, act Aug. 14, 1935, ch. 531, title IV, §412, as added June 17, 1980,
Amendments
1999—Subsec. (a)(3)(C)(ii).
1997—
Subsec. (a)(1)(A).
Subsec. (a)(2)(A).
Subsec. (a)(2)(C).
Subsec. (a)(2)(D).
Subsec. (a)(3).
Subsec. (f).
Subsec. (f)(1).
Subsecs. (g) to (i).
Effective Date of 1999 Amendment
For effective date of amendment by
Effective Date of 1997 Amendment
Amendment by section 5508 of
Amendment by section 5514(c) of
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
Section Referred to in Other Sections
This section is referred to in
§613. Research, evaluations, and national studies
(a) Research
The Secretary, directly or through grants, contracts, or interagency agreements, shall conduct research on the benefits, effects, and costs of operating different State programs funded under this part, including time limits relating to eligibility for assistance. The research shall include studies on the effects of different programs and the operation of such programs on welfare dependency, illegitimacy, teen pregnancy, employment rates, child well-being, and any other area the Secretary deems appropriate. The Secretary shall also conduct research on the costs and benefits of State activities under
(b) Development and evaluation of innovative approaches to reducing welfare dependency and increasing child well-being
(1) In general
The Secretary may assist States in developing, and shall evaluate, innovative approaches for reducing welfare dependency and increasing the well-being of minor children living at home with respect to recipients of assistance under programs funded under this part. The Secretary may provide funds for training and technical assistance to carry out the approaches developed pursuant to this paragraph.
(2) Evaluations
In performing the evaluations under paragraph (1), the Secretary shall, to the maximum extent feasible, use random assignment as an evaluation methodology.
(c) Dissemination of information
The Secretary shall develop innovative methods of disseminating information on any research, evaluations, and studies conducted under this section, including the facilitation of the sharing of information and best practices among States and localities through the use of computers and other technologies.
(d) Annual ranking of States and review of most and least successful work programs
(1) Annual ranking of States
The Secretary shall rank annually the States to which grants are paid under
(2) Annual review of most and least successful work programs
The Secretary shall review the programs of the 3 States most recently ranked highest under paragraph (1) and the 3 States most recently ranked lowest under paragraph (1) that provide parents with work experience, assistance in finding employment, and other work preparation activities and support services to enable the families of such parents to leave the program and become self-sufficient.
(e) Annual ranking of States and review of issues relating to out-of-wedlock births
(1) In general
The Secretary shall annually rank States to which grants are made under
(A) Absolute out-of-wedlock ratios
The ratio represented by—
(i) the total number of out-of-wedlock births in families receiving assistance under the State program under this part in the State for the most recent year for which information is available; over
(ii) the total number of births in families receiving assistance under the State program under this part in the State for the year.
(B) Net changes in the out-of-wedlock ratio
The difference between the ratio described in subparagraph (A) with respect to a State for the most recent year for which such information is available and the ratio with respect to the State for the immediately preceding year.
(2) Annual review
The Secretary shall review the programs of the 5 States most recently ranked highest under paragraph (1) and the 5 States most recently ranked the lowest under paragraph (1).
(f) State-initiated evaluations
A State shall be eligible to receive funding to evaluate the State program funded under this part if—
(1) the State submits a proposal to the Secretary for the evaluation;
(2) the Secretary determines that the design and approach of the evaluation is rigorous and is likely to yield information that is credible and will be useful to other States; and
(3) unless otherwise waived by the Secretary, the State contributes to the cost of the evaluation, from non-Federal sources, an amount equal to at least 10 percent of the cost of the evaluation.
(g) Report on circumstances of certain children and families
(1) In general
Beginning 3 years after August 22, 1996, the Secretary of Health and Human Services shall prepare and submit to the Committees on Ways and Means and on Education and the Workforce of the House of Representatives and to the Committees on Finance and on Labor and Resources of the Senate annual reports that examine in detail the matters described in paragraph (2) with respect to each of the following groups for the period after August 22, 1996:
(A) Individuals who were children in families that have become ineligible for assistance under a State program funded under this part by reason of having reached a time limit on the provision of such assistance.
(B) Children born after August 22, 1996, to parents who, at the time of such birth, had not attained 20 years of age.
(C) Individuals who, after August 22, 1996, became parents before attaining 20 years of age.
(2) Matters described
The matters described in this paragraph are the following:
(A) The percentage of each group that has dropped out of secondary school (or the equivalent), and the percentage of each group at each level of educational attainment.
(B) The percentage of each group that is employed.
(C) The percentage of each group that has been convicted of a crime or has been adjudicated as a delinquent.
(D) The rate at which the members of each group are born, or have children, out-of-wedlock, and the percentage of each group that is married.
(E) The percentage of each group that continues to participate in State programs funded under this part.
(F) The percentage of each group that has health insurance provided by a private entity (broken down by whether the insurance is provided through an employer or otherwise), the percentage that has health insurance provided by an agency of government, and the percentage that does not have health insurance.
(G) The average income of the families of the members of each group.
(H) Such other matters as the Secretary deems appropriate.
(h) Funding of studies and demonstrations
(1) In general
Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated $15,000,000 for each of fiscal years 1997 through 2002 for the purpose of paying—
(A) the cost of conducting the research described in subsection (a) of this section;
(B) the cost of developing and evaluating innovative approaches for reducing welfare dependency and increasing the well-being of minor children under subsection (b) of this section;
(C) the Federal share of any State-initiated study approved under subsection (f) of this section; and
(D) an amount determined by the Secretary to be necessary to operate and evaluate demonstration projects, relating to this part, that are in effect or approved under
(2) Allocation
Of the amount appropriated under paragraph (1) for a fiscal year—
(A) 50 percent shall be allocated for the purposes described in subparagraphs (A) and (B) of paragraph (1), and
(B) 50 percent shall be allocated for the purposes described in subparagraphs (C) and (D) of paragraph (1).
(3) Demonstrations of innovative strategies
The Secretary may implement and evaluate demonstrations of innovative and promising strategies which—
(A) provide one-time capital funds to establish, expand, or replicate programs;
(B) test performance-based grant-to-loan financing in which programs meeting performance targets receive grants while programs not meeting such targets repay funding on a prorated basis; and
(C) test strategies in multiple States and types of communities.
(i) Child poverty rates
(1) In general
Not later than May 31, 1998, and annually thereafter, the chief executive officer of each State shall submit to the Secretary a statement of the child poverty rate in the State as of August 22, 1996, or the date of the most recent prior statement under this paragraph.
(2) Submission of corrective action plan
Not later than 90 days after the date a State submits a statement under paragraph (1) which indicates that, as a result of the amendments made by section 103 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, the child poverty rate of the State has increased by 5 percent or more since the most recent prior statement under paragraph (1), the State shall prepare and submit to the Secretary a corrective action plan in accordance with paragraph (3).
(3) Contents of plan
A corrective action plan submitted under paragraph (2) shall outline the manner in which the State will reduce the child poverty rate in the State. The plan shall include a description of the actions to be taken by the State under such plan.
(4) Compliance with plan
A State that submits a corrective action plan that the Secretary has found contains the information required by this subsection shall implement the corrective action plan until the State determines that the child poverty rate in the State is less than the lowest child poverty rate on the basis of which the State was required to submit the corrective action plan.
(5) Methodology
The Secretary shall prescribe regulations establishing the methodology by which a State shall determine the child poverty rate in the State. The methodology shall take into account factors including the number of children who receive free or reduced-price lunches, the number of food stamp households, and, to the extent available, county-by-county estimates of children in poverty as determined by the Census Bureau.
(j) Evaluation of welfare-to-work programs
(1) Evaluation
The Secretary, in consultation with the Secretary of Labor and the Secretary of Housing and Urban Development—
(A) shall develop a plan to evaluate how grants made under
(B) may evaluate the use of such grants by such grantees as the Secretary deems appropriate, in accordance with an agreement entered into with the grantees after good-faith negotiations; and
(C) is urged to include the following outcome measures in the plan developed under subparagraph (A):
(i) Placements in unsubsidized employment, and placements in unsubsidized employment that last for at least 6 months.
(ii) Placements in the private and public sectors.
(iii) Earnings of individuals who obtain employment.
(iv) Average expenditures per placement.
(2) Reports to the Congress
(A) In general
Subject to subparagraphs (B) and (C), the Secretary, in consultation with the Secretary of Labor and the Secretary of Housing and Urban Development, shall submit to the Congress reports on the projects funded under section 1 603(a)(5) and 612(a)(3) of this title and on the evaluations of the projects.
(B) Interim report
Not later than January 1, 1999, the Secretary shall submit an interim report on the matter described in subparagraph (A).
(C) Final report
Not later than January 1, 2001,2 (or at a later date, if the Secretary informs the Committees of the Congress with jurisdiction over the subject matter of the report) the Secretary shall submit a final report on the matter described in subparagraph (A).
(Aug. 14, 1935, ch. 531, title IV, §413, as added
References in Text
Section 103 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, referred to in subsec. (i)(2), is section 103 of
Prior Provisions
A prior section 613, act Aug. 14, 1935, ch. 531, title IV, §413, as added June 9, 1980,
Amendments
1999—Subsec. (g)(1).
1998—Subsec. (g)(1).
1997—
Subsec. (a).
Subsec. (e)(1).
"(A)
"(i)
"(I) the total number of out-of-wedlock births in families receiving assistance under the State program under this part in the State for the most recent fiscal year for which information is available; over
"(II) the total number of births in families receiving assistance under the State program under this part in the State for such year.
"(ii)
Subsec. (h)(1)(D).
Subsec. (i)(1).
Subsec. (i)(5).
Subsec. (j).
Effective Date of 1999 Amendment
Amendment by
Effective Date of 1997 Amendment
Amendment by section 5509 of
Amendment by section 5514(c) of
Effective Date
Section effective Aug. 22, 1996, 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
Coordination of Substance Abuse and Child Protection Services
GAO Study of Effect of Family Violence on Need for Public Assistance
Section 5001(i) of
"(1)
"(2)
Study on Alternative Outcomes Measures
Section 107 of
"(a)
"(b)
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "sections".
§614. Study by Census Bureau
(a) In general
The Bureau of the Census shall continue to collect data on the 1992 and 1993 panels of the Survey of Income and Program Participation as necessary to obtain such information as will enable interested persons to evaluate the impact of the amendments made by title I of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 on a random national sample of recipients of assistance under State programs funded under this part and (as appropriate) other low-income families, and in doing so, shall pay particular attention to the issues of out-of-wedlock birth, welfare dependency, the beginning and end of welfare spells, and the causes of repeat welfare spells, and shall obtain information about the status of children participating in such panels.
(b) Appropriation
Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated $10,000,000 for each of fiscal years 1996, 1997, 1998, 1999, 2000, 2001, and 2002 for payment to the Bureau of the Census to carry out subsection (a) of this section.
(Aug. 14, 1935, ch. 531, title IV, §414, as added
References in Text
Title I of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, referred to in subsec. (a), is title I of
Prior Provisions
A prior section 614, act Aug. 14, 1935, ch. 531, title IV, §414, as added Aug. 13, 1981,
Amendments
1997—
Effective Date of 1997 Amendment
Amendment by
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
Section Referred to in Other Sections
This section is referred to in
§615. Waivers
(a) Continuation of waivers
(1) Waivers in effect on August 22, 1996
(A) In general
Except as provided in subparagraph (B), if any waiver granted to a State under
(B) Financing limitation
Notwithstanding any other provision of law, beginning with fiscal year 1996, a State operating under a waiver described in subparagraph (A) shall be entitled to payment under
(2) Waivers granted subsequently
(A) In general
Except as provided in subparagraph (B), if any waiver granted to a State under
(B) No effect on new work requirements
Notwithstanding subparagraph (A), a waiver granted under
(b) State option to terminate waiver
(1) In general
A State may terminate a waiver described in subsection (a) of this section before the expiration of the waiver.
(2) Report
A State which terminates a waiver under paragraph (1) shall submit a report to the Secretary summarizing the waiver and any available information concerning the result or effect of the waiver.
(3) Hold harmless provision
(A) In general
Notwithstanding any other provision of law, a State that, not later than the date described in subparagraph (B) of this paragraph, submits a written request to terminate a waiver described in subsection (a) of this section shall be held harmless for accrued cost neutrality liabilities incurred under the waiver.
(B) Date described
The date described in this subparagraph is 90 days following the adjournment of the first regular session of the State legislature that begins after August 22, 1996.
(c) Secretarial encouragement of current waivers
The Secretary shall encourage any State operating a waiver described in subsection (a) of this section to continue the waiver and to evaluate, using random sampling and other characteristics of accepted scientific evaluations, the result or effect of the waiver.
(d) Continuation of individual waivers
A State may elect to continue 1 or more individual waivers described in subsection (a) of this section.
(Aug. 14, 1935, ch. 531, title IV, §415, as added
References in Text
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, referred to in subsec. (a)(1)(A), (2)(A), is
Prior Provisions
A prior section 615, act Aug. 14, 1935, ch. 531, title IV, §415, as added Aug. 13, 1981,
Amendments
1997—
Effective Date of 1997 Amendment
Amendment by
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
§616. Administration
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
(Aug. 14, 1935, ch. 531, title IV, §416, as added
References in Text
Part D of this subchapter, referred to in text, is classified to
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, referred to in text, is
Section 103 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, referred to in text, is section 103 of
Prior Provisions
A prior section 616, act Aug. 14, 1935, ch. 531, title IV, §416, as added Dec. 22, 1987,
Amendments
1999—
1997—
Effective Date of 1999 Amendment
Amendment by
Effective Date of 1997 Amendment
Amendment by section 5514(c) of
Amendment by section 5514(d) of
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
Section Referred to in Other Sections
This section is referred to in
§617. Limitation on Federal authority
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.
(Aug. 14, 1935, ch. 531, title IV, §417, as added
Prior Provisions
A prior section 617, act Aug. 14, 1935, ch. 531, title IV, §417, formerly §418, as added Oct. 13, 1988,
Amendments
1997—
Effective Date of 1997 Amendment
Amendment by
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
§618. Funding for child care
(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
(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
(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
(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
(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
(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 [
(d) "State" defined
As used in this section, the term "State" means each of the 50 States and the District of Columbia.
(Aug. 14, 1935, ch. 531, title IV, §418, as added
References in Text
The Child Care and Development Block Grant Act of 1990, referred to in subsec. (c), is subchapter C (§658A et seq.) of
Amendments
1997—Subsec. (a)(1).
Subsec. (a)(1)(A).
"(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).
Subsec. (a)(2)(B).
Subsec. (a)(2)(C).
Subsec. (a)(2)(D)(i).
Subsec. (a)(5).
Subsec. (d).
Effective Date of 1997 Amendment
Section 5603 of title V of
"(a)
"(b)
Effective Date
Section effective Oct. 1, 1996, see section 615 of
Section Referred to in Other Sections
This section is referred to in
§619. Definitions
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
(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.
(Aug. 14, 1935, ch. 531, title IV, §419, as added
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
Section Referred to in Other Sections
This section is referred to in title 21 section 862a.
Part B—Child and Family Services
Amendments
1993—
1968—
Part Referred to in Other Sections
This part is referred to in
subpart 1—child welfare services
Amendments
1993—
Subpart Referred to in Other Sections
This subpart is referred to in
§620. Authorization of appropriations
(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.
(Aug. 14, 1935, ch. 531, title IV, §420, as added
Amendments
1989—Subsec. (a).
1984—Subsec. (b).
1980—
1972—
Effective Date of 1989 Amendment
Section 10401(b) of
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1972 Amendment
Section 412 of
Effective Date
Section 240(e)(2) of
Appropriation of Funds
Section 103(f) of
"(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
"(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;"
Section Referred to in Other Sections
This section is referred to in
§621. Allotments to States
(a) Allotment formula
The sum appropriated pursuant to
(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.
(Aug. 14, 1935, ch. 531, title IV, §421, as added
Amendments
1987—Subsec. (b).
1980—
Effective Date of 1987 Amendment
Section 9135(c) of
Section Referred to in Other Sections
This section is referred to in
§622. State plans for child welfare services
(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
(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
(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.
(Aug. 14, 1935, ch. 531, title IV, §422, as added and amended
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
Parts A and E of this subchapter, referred to in subsec. (b)(2), are classified to
The Indian Child Welfare Act, referred to in subsec. (b)(10), probably means the Indian Child Welfare Act of 1978,
Amendments
1998—Subsec. (b)(2).
1997—Subsec. (b)(9).
Subsec. (b)(10).
Subsec. (b)(10)(B).
Subsec. (b)(11).
Subsec. (b)(12).
1996—Subsec. (b)(2).
1994—Subsec. (b)(7).
Subsec. (b)(8).
Subsec. (b)(9).
Subsec. (b)(10).
1993—Subsec. (a).
Subsec. (b).
Subsec. (b)(2).
Subsec. (b)(3).
1989—Subsec. (b)(1)(A).
1980—
1975—Subsec. (a)(1)(A)(i).
Subsec. (a)(i)(A)(ii).
Subsec. (c).
1968—Subsec. (a)(1).
Effective Date of 1997 Amendments
Section 501 of
"(a)
"(b)
Section 5593 of title V of
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1994 Amendment
Section 202(e) of
Section 204(b) of
Effective Date of 1993 Amendment
Section 13711(c) of
Effective Date of 1989 Amendment
Section 10403(b)(2) of
Effective Date of 1975 Amendment
Amendment by section 3 of
Effective Date of 1968 Amendment; Different State Agencies for Administration of State Plans Under Parts A and B
Section 240(e)(3) of
Findings and Purpose
Section 552 of
"(a)
"(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)
"(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
"(1) provide that (A) the State agency designated pursuant to
Administration of State Plan for Child Welfare Services by Non-Designated Agency
Section 103(d) of
Overpayments or Underpayments
Section 240(f)(3) of
Section Referred to in Other Sections
This section is referred to in
§623. Payment to States
(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
(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.
(Aug. 14, 1935, ch. 531, title IV, §423, as added
Amendments
1994—Subsec. (a).
1993—Subsec. (a).
1980—
1976—Subsec. (c).
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1993 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§624. Reallotment
(a) In general
Subject to subsection (b) of this section, the amount of any allotment to a State under
(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
(Aug. 14, 1935, ch. 531, title IV, §424, as added
Amendments
1997—Subsec. (b).
1994—
1980—
Effective Date of 1997 Amendment
Amendment by
Effective Date of 1994 Amendment
Amendment by
§625. Definitions
(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
(b) For other definitions relating to this part and to part E of this subchapter, see
(Aug. 14, 1935, ch. 531, title IV, §425, as added
References in Text
Part E of this subchapter, referred to in text, is classified to
Amendments
1997—Subsec. (a)(2).
1994—Subsec. (a)(2).
1980—
Effective Date of 1997 Amendment
Amendment by
Effective Date of 1994 Amendment
Amendment by
§626. Research, training, or demonstration projects
(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
(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
(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.
(Aug. 14, 1935, ch. 531, title IV, §426, as added
Amendments
1994—Subsec. (a)(1)(C).
1987—Subsecs. (b), (c).
Effective Date of 1994 Amendment
Section 205(c) of
Appropriations or Grants
Section 240(g) of
Section Referred to in Other Sections
This section is referred to in
§627. Repealed. Pub. L. 103–432, title II, §202(c), Oct. 31, 1994, 108 Stat. 4454
Section, act Aug. 14, 1935, ch. 531, title IV, §427, as added June 17, 1980,
Effective Date of Repeal
Repeal effective with respect to fiscal years beginning on or after Apr. 1, 1996, see section 202(e) of
§628. Payments to Indian tribal organizations
(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
(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
(Aug. 14, 1935, ch. 531, title IV, §428, as added
Amendments
1996—Subsec. (c).
"(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 (
1993—Subsec. (a).
Effective Date of 1996 Amendment
For effective date of amendment by
Effective Date of 1993 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§628a. Child welfare traineeships
The Secretary may approve an application for a grant to a public or nonprofit institution for higher learning to provide traineeships with stipends under
(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.
(Aug. 14, 1935, ch. 531, title IV, §429, as added
Effective Date
Section applicable to grants awarded on or after Oct. 1, 1995, see section 205(c) of
Section Referred to in Other Sections
This section is referred to in
§628b. National random sample study of child welfare
(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.
(Aug. 14, 1935, ch. 531, title IV, §429A, as added
Amendments
1997—
Subsec. (a).
Effective Date of 1997 Amendment
Amendment by
subpart 2—promoting safe and stable families
Subpart Referred to in Other Sections
This subpart is referred to in
§629. Purposes; limitations on authorizations of appropriations; reservation of certain amounts
(a) Purposes; limitations on authorization of appropriations
For the purpose of encouraging and enabling each State to develop and establish, or expand, and to operate a program of family preservation services, community-based family support services, time-limited family reunification services, and adoption promotion and support services, there are authorized to be appropriated to the Secretary the amounts described in subsection (b) of this section for the fiscal years specified in subsection (b) of this section.
(b) Description of amounts
The amount described in this subsection is—
(1) for fiscal year 1994, $60,000,000;
(2) for fiscal year 1995, $150,000,000;
(3) for fiscal year 1996, $225,000,000;
(4) for fiscal year 1997, $240,000,000;
(5) for fiscal year 1998, the greater of—
(A) $255,000,000; or
(B) the amount described in this subsection for fiscal year 1997, increased by the inflation percentage applicable to fiscal year 1998;
(6) for fiscal year 1999, $275,000,000;
(7) for fiscal year 2000, $295,000,000; and
(8) for fiscal year 2001, $305,000,000.
(c) Inflation percentage
For purposes of subsection (b)(5)(B) of this section, the inflation percentage applicable to any fiscal year is the percentage (if any) by which—
(1) the average of the Consumer Price Index (as defined in section 1(f)(5) of the Internal Revenue Code of 1986) for the 12-month period ending on December 31 of the immediately preceding fiscal year; exceeds
(2) the average of the Consumer Price Index (as so defined) for the 12-month period ending on December 31 of the 2nd preceding fiscal year.
(d) Reservation of certain amounts
(1) Evaluation, research, training, and technical assistance
The Secretary shall reserve $2,000,000 of the amount described in subsection (b) of this section for fiscal year 1994, and $6,000,000 of the amounts so described for each of fiscal years 1995, 1996, 1997, 1998, 1999, 2000, and 2001, for expenditure by the Secretary—
(A) for research, training, and technical assistance related to the program under this subpart; and
(B) for evaluation of State programs 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 program under this subpart.
(2) State court assessments
The Secretary shall reserve $5,000,000 of the amount described in subsection (b) of this section for fiscal year 1995, and $10,000,000 of the amounts so described for each of fiscal years 1996, 1997, 1998, 1999, 2000, and 2001, for grants under section 13712 of the Omnibus Budget Reconciliation Act of 1993.
(3) Indian tribes
The Secretary shall reserve 1 percent of the amounts described in subsection (b) of this section for each fiscal year, for allotment to Indian tribes in accordance with
(Aug. 14, 1935, ch. 531, title IV, §430, as added
References in Text
The Internal Revenue Code, referred to in subsec. (c)(1), is classified generally to Title 26, Internal Revenue Code.
Section 13712 of the Omnibus Budget Reconciliation Act of 1993, referred to in subsec. (d)(2), is section 13712 of
Prior Provisions
A prior section 430 of act Aug. 14, 1935, was classified to
Amendments
1997—Subsec. (a).
Subsec. (b)(6) to (8).
Subsec. (d).
Effective Date of 1997 Amendment
Amendment by
Effective Date
Subpart effective with respect to calendar quarters beginning on or after Oct. 1, 1993, see section 13711(c) of
Section Referred to in Other Sections
This section is referred to in
§629a. Definitions
(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); and
(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.
(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, 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
(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
(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
(Aug. 14, 1935, ch. 531, title IV, §431, as added
References in Text
Prior Provisions
A prior section 431 of act Aug. 14, 1935, was classified to
Amendments
1999—Subsec. (a)(6).
1997—Subsec. (a)(1)(A).
Subsec. (a)(1)(B).
Subsec. (a)(2).
Subsec. (a)(7), (8).
Subsec. (a)(9).
Effective Date of 1999 Amendment
Amendment by
Effective Date of 1997 Amendment
Amendment by section 305(b)(2), (c)(2) of
Section 305(d)(2) of
§629b. State plans
(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
(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
(Aug. 14, 1935, ch. 531, title IV, §432, as added
Prior Provisions
A prior section 432 of act Aug. 14, 1935, was classified to
Amendments
1998—Subsec. (a)(8).
1997—Subsec. (a)(4).
Subsec. (a)(5)(A).
Subsec. (a)(9).
Subsec. (b)(1).
Effective Date of 1997 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§629c. Allotments to States
(a) Indian tribes
From the amount reserved pursuant to
(b) Territories
From the amount described in
(c) Other States
(1) In general
From the amount described in
(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
(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.
(Aug. 14, 1935, ch. 531, title IV, §433, as added
Prior Provisions
A prior section 433 of act Aug. 14, 1935, was classified to
Section Referred to in Other Sections
This section is referred to in
§629d. Payments to States
(a) Entitlement
(1) General rule
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—
(A) 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
(B) the allotment of the State under
(2) Special rule
Upon submission by a State to the Secretary during fiscal year 1994 of an application in such form and containing such information as the Secretary may require (including, if the State is seeking payment of an amount pursuant to subparagraph (B) of this paragraph, a description of the services to be provided with the amount), the State shall be entitled to payment of an amount equal to the sum of—
(A) such amount, not exceeding $1,000,000, from the allotment of the State under
(B) an amount equal to the lesser of—
(i) 75 percent of the expenditures by the State for services to children and families in accordance with the application and the expenditure rules of
(ii) the allotment of the State under
(b) Prohibitions
(1) No use of other Federal funds for State match
Each State receiving an amount paid under paragraph (1) or (2)(B) of subsection (a) of this section may not expend any Federal funds to meet the costs of services described in this subpart not covered by the amount so paid.
(2) Availability of funds
A State may not expend any amount paid under subsection (a)(1) 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.
(Aug. 14, 1935, ch. 531, title IV, §434, as added
Prior Provisions
A prior section 434 of act Aug. 14, 1935, was classified to
Section Referred to in Other Sections
This section is referred to in
§629e. Evaluations
(a) Evaluations
(1) In general
The Secretary shall evaluate 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.
(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.
(Aug. 14, 1935, ch. 531, title IV, §435, as added
References in Text
Part E of this subchapter, referred to in subsec. (a)(2)(A), is classified to
Prior Provisions
A prior section 435 of act Aug. 14, 1935, was classified to
Part C—Work Incentive Program for Recipients of Aid Under State Plan Approved Under Part A
§§630 to 632. Repealed. Pub. L. 100–485, title II, §202(a), Oct. 13, 1988, 102 Stat. 2377
Section 630, act Aug. 14, 1935, ch. 531, title IV, §430, as added Jan. 2, 1968,
Section 631, act Aug. 14, 1935, ch. 531, title IV, §431, as added Jan. 2, 1968,
Section 632, act Aug. 14, 1935, ch. 531, title IV, §432, as added Jan. 2, 1968,
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
§632a. Omitted
Codification
Section,
§§633 to 645. Repealed. Pub. L. 100–485, title II, §202(a), Oct. 13, 1988, 102 Stat. 2377
Section 633, act Aug. 14, 1935, ch. 531, title IV, §433, as added Jan. 2, 1968,
Section 634, act Aug. 14, 1935, ch. 531, title IV, §434, as added Jan. 2, 1968,
Section 635, act Aug. 14, 1935, ch. 531, title IV, §435, as added Jan. 2, 1968,
Section 636, act Aug. 14, 1935, ch. 531, title IV, §436, as added Jan. 2, 1968,
Section 637, act Aug. 14, 1935, ch. 531, title IV, §437, as added Jan. 2, 1968,
Section 638, act Aug. 14, 1935, ch. 531, title IV, §438, as added Jan. 2, 1968,
Section 639, act Aug. 14, 1935, ch. 531, title IV, §439, as added Jan. 2, 1968,
Section 640, act Aug. 14, 1935, ch. 531, title IV, §440, as added Jan. 2, 1968,
Section 641, act Aug. 14, 1935, ch. 531, title IV, §441, as added Jan. 2, 1968,
Section 642, act Aug. 14, 1935, ch. 531, title IV, §442, as added Jan. 2, 1968,
Section 643, act Aug. 14, 1935, ch. 531, title IV, §443, as added Jan. 2, 1968,
Section 644, act Aug. 14, 1935, ch. 531, title IV, §444, as added Jan. 2, 1968,
Section 645, act Aug. 14, 1935, ch. 531, title IV, §445, as added Aug. 13, 1981,
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
Part D—Child Support and Establishment of Paternity
Part Referred to in Other Sections
This part is referred to in
§651. Authorization of appropriations
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.
(Aug. 14, 1935, ch. 531, title IV, §451, as added
References in Text
Part A of this subchapter, referred to in text, is classified to
Amendments
1996—
1984—
1981—
Effective Date of 1996 Amendment
Amendment by section 108(c)(1) of
For effective date of amendment by section 395(d)(1)(A) of
Effective Date of 1981 Amendment
Section 2336 of
"(a) Except as otherwise specifically provided in the preceding sections of this chapter [sections 2331–2335 of
"(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
Short Title
This part is popularly known as the "Child Support Enforcement Act".
Study on Effectiveness of Enforcement of Medical Support by State Agencies
"(1)
"(2)
"(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 (
"(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)
"(4)
"(5)
"(A)
"(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 (
"(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 [
"(vi) appropriate measures for eliminating any other impediments to the effective enforcement of medical support orders that the Working Group deems necessary.
"(B)
"(6)
Promulgation of National Medical Support Notice
"(1)
"(2)
"(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 (
"(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 [
"(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)
"(4)
"(5)
Authorization of Appropriations
Subsec. 101(e) of
§652. Duties of Secretary
(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
(B) review annual reports submitted pursuant to
(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
(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
(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
(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
(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
(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
(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
(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
(B) If the Secretary finds with respect to any statewide management information system referred to in
(3) The Secretary may waive any requirement of paragraph (1) or any condition specified under
(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
(ii) to submit data under
(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
(II) ensure that calculation of distributions meets the requirements of
(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
(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
(f) Regulations
The Secretary shall issue regulations to require that State agencies administering the child support enforcement program under this part petition for the inclusion of medical support as part of any child support order 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
(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
(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
(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
(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
(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
(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
(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
(Aug. 14, 1935, ch. 531, title IV, §452, as added
Amendment of Subsection (f)
References in Text
Parts A and E of this subchapter, referred to in subsecs. (a)(10), (b), and (g)(2), are classified to
The Internal Revenue Code of 1986, referred to in subsec. (b), is classified generally to Title 26, Internal Revenue Code.
Amendments
1999—Subsec. (a)(7).
1998—Subsec. (a)(10)(H) to (J).
Subsec. (d)(3).
"(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
"(B)(i) the waiver meets the criteria of paragraphs (1), (2), and (3) of
"(ii) the State provides assurances to the Secretary that steps will be taken to otherwise improve the State's child support enforcement program."
Subsec. (g).
Subsec. (l).
1997—Subsec. (d)(3)(A).
Subsec. (g)(1).
Subsec. (g)(2).
Subsec. (j).
1996—Subsec. (a)(1).
Subsec. (a)(4).
Subsec. (a)(5).
Subsec. (a)(7).
Subsec. (a)(8).
Subsec. (a)(9).
Subsec. (a)(10).
Subsec. (a)(10)(A).
Subsec. (a)(10)(A)(i) to (iii).
Subsec. (a)(10)(C).
Subsec. (a)(10)(C)(i), (ii).
Subsec. (a)(10)(C)(iii).
Subsec. (a)(10)(C)(iv) to (vii).
Subsec. (a)(10)(E).
Subsec. (a)(10)(F).
Subsec. (a)(10)(G).
Subsec. (a)(10)(J).
Subsec. (a)(11).
Subsec. (b).
Subsec. (d)(3)(B)(i).
Subsec. (f).
Subsec. (g)(1).
Subsec. (g)(1)(A).
Subsec. (g)(1)(B) to (F).
Subsec. (g)(2).
Subsec. (g)(2)(A).
Subsec. (g)(2)(A)(ii)(I).
Subsec. (g)(2)(B), (C).
Subsec. (g)(3)(A).
Subsec. (g)(3)(B), (C).
Subsec. (h).
Subsec. (j).
Subsec. (k).
1995—Subsecs. (d)(1)(B), (2)(A), (B), (e).
1994—Subsec. (g)(2)(A).
Subsec. (g)(2)(A)(i).
Subsec. (g)(2)(A)(ii)(I).
Subsec. (g)(2)(A)(ii)(II).
Subsec. (g)(2)(A)(iii).
1993—Subsec. (g)(1).
Subsec. (g)(1)(A) to (E).
"(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).
Subsec. (g)(2)(A).
Subsec. (g)(2)(B).
1989—Subsec. (d)(2)(B).
1988—Subsec. (d)(1).
Subsec. (d)(3).
Subsec. (g).
Subsec. (h).
Subsec. (i).
1987—Subsec. (c).
"(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
"(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).
1984—Subsec. (a).
Subsec. (a)(4).
Subsec. (a)(10)(C).
Subsec. (a)(10)(I).
Subsec. (c)(2).
Subsecs. (d)(1)(B), (2)(A), (B), (e).
Subsec. (f).
1982—Subsec. (b).
1981—Subsec. (a)(1).
Subsec. (a)(7).
Subsec. (a)(10)(C).
Subsec. (b).
1980—Subsec. (a)(10).
Subsec. (b).
Subsecs. (d), (e).
1977—Subsec. (a)(10).
Effective Date of 1999 Amendment
Amendment by
Effective Date of 1998 Amendment
"(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."
[
Effective Date of 1997 Amendment
Section 5518(b) of
Amendment by sections 5540, 5541(a), and 5556(c) of
Effective Date of 1996 Amendments
Section 101(e) [title II, §215] of div. A of
Amendment by section 108(c)(2)–(9) of
Section 342(c) of
Section 346(b) of
Section 370(b) of
For provisions relating to effective date of title III of
Effective Date of 1993 Amendment
Section 13721(c) 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
Effective Date of 1988 Amendment
Section 111(f)(1) of
Effective Date of 1987 Amendment
Section 9143(b) of
Effective Date of 1984 Amendments
Section 4(c) of
Section 9(c) of
Section 13(c) of
Amendment by
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1981 Amendment
Amendment by
Effective Date of 1980 Amendment
Section 402(b) of
Section 405(e) of
Effective Date of 1977 Amendment
Section 504(b) of
Regulations
Section 122(b) of
Implementation of Performance Standards for State Paternity Establishment Programs
Section 111(f)(3) of
Requests for Child Support Assistance; Advisory Committee; Promulgation of Regulations
Section 121(b) of
"(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
Section Referred to in Other Sections
This section is referred to in
§653. Federal Parent Locator Service
(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
(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
(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
(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
(B) information may be disclosed to a court or an agent of a court described in subsection (c)(2) of this section or
(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
(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
(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
(2) Data entry and deletion requirements
(A) In general
Information provided pursuant to
(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
(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
(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
(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 [
(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
(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 [
(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 [
(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
(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.
(Aug. 14, 1935, ch. 531, title IV, §453, as added
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
Amendments
1999—Subsec. (j)(6).
Subsec. (l)(2).
1998—Subsec. (a)(2).
Subsec. (a)(2)(A)(iv).
Subsec. (i)(2).
Subsec. (l).
1997—Subsec. (a).
"(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).
Subsec. (a)(2)(A)(iv).
Subsec. (b).
Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (c)(4).
Subsec. (h)(1).
Subsec. (h)(2).
Subsec. (h)(3).
Subsec. (j)(3)(B).
Subsec. (j)(5).
Subsec. (k)(2).
Subsec. (o).
Subsec. (p).
1996—
Subsec. (a).
Subsec. (b).
Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (c)(3).
Subsec. (e)(2).
Subsec. (f).
Subsec. (g).
Subsecs. (h) to (n).
Subsec. (o).
Subsec. (p).
1988—Subsec. (e)(3).
1984—Subsec. (b).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (f).
1981—Subsec. (c)(1).
Effective Date of 1999 Amendment
Effective Date of 1998 Amendment
Effective Date of 1997 Amendments
Amendment by
Section 1090(a)(4) of
Amendment by
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, §215] of
Amendment by section 108(c)(10) of
For provisions relating to effective date of title III of
Effective Date of 1988 Amendment
Section 124(c) of
"(1) Except as provided in paragraph (2), the amendments made by subsections (a) and (b) [amending this section and
"(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
Effective Date of 1981 Amendment
Amendment by
Notice of Purposes for Which Wage and Salary Data Are To Be Used
Report on Data Maintained by National Directory of New Hires
Coordination Between Secretaries Relating to Amendments by Pub. L. 105–34
Section 1090(a)(3) of
Requirement for Cooperation
Section 316(h) of title III of
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, §303, Feb. 27, 1995, 60 F.R. 11014, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§653a. State Directory of New Hires
(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
(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
(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
(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
(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
(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.
(Aug. 14, 1935, ch. 531, title IV, §453A, as added
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.
Amendments
1997—Subsec. (d).
Subsec. (g)(2)(B).
Effective Date of 1997 Amendment
Amendment by
Effective Date
For effective date of section, see section 395(a)–(c) of
Section Referred to in Other Sections
This section is referred to in
§654. State plan for child and spousal support
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
(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
(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
(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
(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
(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
(A) all sources of information and available records; and
(B) the Federal Parent Locator Service established under
and shall, subject to the privacy safeguards required under paragraph (26), disclose only the information described in
(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
(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
(B) provide that any payment required to be made under
(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
(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
(17) provide that the State will have in effect an agreement with the Secretary entered into pursuant to
(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
(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
(20) provide, to the extent required by
(21)(A) at the option of the State, impose a late payment fee on all overdue support (as defined in
(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
(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
(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
(27) provide that, on and after October 1, 1998, the State agency will—
(A) operate a State disbursement unit in accordance with
(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
(ii) take the actions described in
(28) provide that, on and after October 1, 1997, the State will operate a State Directory of New Hires in accordance with
(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
(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
(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
(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
(30) provide that the State shall use the definitions established under
(31) provide that the State agency will have in effect a procedure for certifying to the Secretary, for purposes of the procedure under
(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
(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
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
(Aug. 14, 1935, ch. 531, title IV, §454, as added
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
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
Amendments
1999—Par. (6)(E)(i).
Par. (9)(A) to (C).
Par. (19)(A).
Par. (19)(B)(i).
Par. (24)(A).
Par. (24)(B).
1997—Par. (4)(A)(i)(IV).
Par. (6)(B).
Par. (8).
Par. (8)(A).
Par. (8)(B).
Par. (16).
Par. (17).
Par. (19)(B)(ii).
Par. (26).
Par. (26)(A).
Par. (26)(B).
Par. (26)(C).
Par. (26)(D), (E).
Par. (29)(A).
"(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;".
Par. (29)(D).
Par. (29)(E).
Par. (32)(A).
Par. (33).
1996—
Par. (4).
"(A) in the case of a child born out of wedlock with respect to whom an assignment under
"(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
Par. (5)(A).
Par. (6).
Par. (6)(A).
Par. (6)(B).
Par. (6)(C).
Par. (6)(D).
Par. (6)(E).
Par. (7).
Par. (8).
Par. (8)(B).
Par. (9)(B), (C).
Par. (9)(E).
Par. (11).
Par. (12).
Par. (13).
Par. (14).
Par. (15).
Par. (16).
Par. (21)(A).
Par. (23).
Par. (24).
"(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).
Par. (26).
Par. (27).
Par. (28).
Par. (29).
Par. (30).
Par. (31).
Par. (32).
Par. (33).
1995—Par. (24)(B).
1988—Par. (5)(A).
Par. (6)(D), (E).
Par. (16).
Par. (24).
1987—Par. (4)(A).
Par. (4)(B).
Par. (5).
1984—Par. (4)(B).
Par. (4)(B).
Par. (5).
Par. (6)(A).
Par. (6)(B).
Par. (6)(C).
Par. (6)(D).
Par. (8)(B).
Par. (9)(C).
Par. (16)(A)(ii).
Par. (16)(D), (E).
Par. (17).
Par. (20).
Par. (21).
Par. (22).
Par. (23).
1982—Par. (5).
Par. (6).
Pars. (18) to (20).
1981—
Par. (4)(B).
Par. (5).
Par. (6)(B).
Par. (6)(C).
Par. (9)(C).
Par. (11).
Par. (16).
Par. (18).
Par. (19).
Par. (20).
1980—Par. (16).
Par. (17).
1977—Pars. (14), (15).
1975—Par. (4)(A).
Par. (4)(B).
Effective Date of 1999 Amendment
Amendment by
Effective Date of 1997 Amendment
Amendment by
Effective Date of 1996 Amendment
Amendment by section 108(c)(11), (12) of
Amendment by section 302(b)(2) of
Section 303(b) of
Section 304(b) of
Amendment by section 312(a) of
Amendment by section 342(a) of
Amendment by section 370(a)(2) of
Section 395(a)–(c) of title III of
"(a)
"(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 [
"(2) all other provisions of this title shall become effective upon the date of the enactment of this Act [Aug. 22, 1996].
"(b)
"(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)
"(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
Section 111(f)(2) of
Effective Date of 1987 Amendment
Section 9141(b) of
Section 9142(b) of
Effective Date of 1984 Amendments
Section 3(g) of
"(1) Except as provided in paragraphs (2) and (3), the amendments made by this section [enacting
"(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 [
"(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."
Amendment by section 5(b) of
Section 6(c) of
Section 11(e) of
Section 12(c) of
Section 14(b) of
Amendment by section 21(d) of
Amendment by
Effective Date of 1982 Amendment
Amendment by section 171(a), (b)(1) of
Section 173(b) of
Effective Date of 1981 Amendment
Amendments by sections 2331(b), 2332(d)(2)–(7), and 2333(a), (b) of
Amendment by section 2335(a) of
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1977 Amendment
Section 502(b) of
Effective Date of 1975 Amendment
Section 210 of title II of
State Commissions on Child Support
Section 15 of
"(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
Section Referred to in Other Sections
This section is referred to in
§654a. Automated data processing
(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
(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
(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
(2) Federal Parent Locator Service
Exchanging information with the Federal Parent Locator Service for the purposes specified in
(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
(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
(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
(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
(Aug. 14, 1935, ch. 531, title IV, §454A, as added and amended
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
Amendments
1999—Subsec. (f)(5).
1997—Subsec. (e)(4)(D).
1996—Subsecs. (e), (f).
Subsec. (g).
Subsec. (h).
Effective Date of 1997 Amendment
Amendment by
Effective Date of 1996 Amendment
Amendment by section 312(c) of
Effective Date
For provisions relating to effective date of title III of
Regulations
Section 344(a)(3) of
Section Referred to in Other Sections
This section is referred to in
§654b. Collection and disbursement of support payments
(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
(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
(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
(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
(c) Timing of disbursements
(1) In general
Except as provided in paragraph (2), the State disbursement unit shall distribute all amounts payable under
(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.
(Aug. 14, 1935, ch. 531, title IV, §454B, as added
References in Text
For effective date of this section, referred to in subsec. (b)(4), see Effective Date note below.
Amendments
1997—Subsec. (c)(1).
Effective Date of 1997 Amendment
Amendment by
Effective Date
Section 312(d) of
"(1)
"(2)
For provisions relating to effective date of title III of
Section Referred to in Other Sections
This section is referred to in
§655. Payments to States
(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
(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
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
(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
(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
(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 (
(4)(A)(i) If—
(I) the Secretary determines that a State plan under
(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
(ii) All failures of a State during a fiscal year to comply with any of the requirements referred to in the same subparagraph of
(B) In this paragraph:
(i) The term "penalty amount" means, with respect to a failure of a State to comply with a subparagraph of
(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
(C)(i) The Secretary shall waive a penalty under this paragraph for any failure of a State to comply with
(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
(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
(D) The Secretary may not impose a penalty under this paragraph against a State with respect to a failure to comply with
(5)(A)(i) If—
(I) the Secretary determines that a State plan under
(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
(ii) All failures of a State during a fiscal year to comply with any of the requirements of
(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
(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
(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
(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
(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
(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, §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
(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.
(Aug. 14, 1935, ch. 531, title IV, §455, as added
Amendment of Subsection (a)(4)(C)(iii)
(1) by striking "658a(b)(4)" and inserting "658(b)(4)";
(2) by striking "658a(b)(6)" and inserting "658(b)(6)"; and
(3) by striking "658a(b)(5)(B)" and inserting "658(b)(5)(B)".
References in Text
The Family Support Act of 1988, referred to in subsec. (a)(3)(B)(iii), is
Section 5(a) of the Child Support Enforcement Amendments of 1984, referred to in subsec. (e)(4), is section 5(a) of
Amendments
1999—Subsec. (a)(1)(B).
Subsec. (a)(5).
1998—Subsec. (a)(1)(D).
Subsec. (a)(4).
Subsec. (a)(4)(C)(iii).
1997—Subsec. (a)(3)(B)(i).
Subsec. (a)(3)(B)(iii).
Subsec. (b).
Subsec. (f).
1996—Subsec. (a)(1).
Subsec. (a)(1)(B).
Subsec. (a)(3).
Subsec. (b).
Subsec. (e)(1).
1988—Subsec. (a)(1).
Subsec. (a)(1)(C).
1984—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (e).
1982—Subsec. (a)(1).
Subsec. (c).
1981—Subsec. (a).
1980—Subsec. (a).
Subsec. (b)(2).
Subsecs. (c), (d).
1977—Subsec. (a).
1976—Subsec. (a).
1975—Subsec. (a).
Subsec. (b).
Effective Date of 1999 Amendments
Amendment by
Amendment by
Effective Date of 1998 Amendments
Effective Date of 1997 Amendment
Amendment by
Effective Date of 1996 Amendment
For effective date of amendment by
Effective Date of 1988 Amendment
Section 112(b) of
Section 123(c) of
Effective Date of 1984 Amendment
Amendment by section 4(a) of
Amendment by section 6(b) of
Effective Date of 1982 Amendment
Amendment by section 171(b)(2) of
Section 174(d) of
Effective Date of 1981 Amendment
Amendment by
Effective Date of 1980 Amendments
Section 404(b) of
Amendment by section 405(a) of
Section 407(d) of
Section 2(b) of
Effective Date of 1975 Amendment
Amendment by
Temporary Limitation on Payments Under Special Federal Matching Rate
Section 344(b)(2) of
"(A)
"(B)
"(C)
"(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
Section Referred to in Other Sections
This section is referred to in
1 So in original. The "; and" probably should be a comma.
§655a. Provision for reimbursement of expenses
For purposes of
(1) pursuant to
(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.
(
Codification
Section was formerly classified to
Section was not enacted as part of the Social Security Act which comprises this chapter.
Amendments
1998—Par. (1).
1996—
Effective Date of 1998 Amendment
Amendment by
Effective Date of 1996 Amendment
Amendment by
§656. Support obligation as obligation to State; amount; discharge in bankruptcy
(a) Collection processes
(1) The support rights assigned to the State pursuant to
(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
(Aug. 14, 1935, ch. 531, title IV, §456, as added
Amendments
1997—Subsec. (a)(1).
Subsec. (a)(2)(B).
1996—Subsec. (a)(1).
Subsec. (a)(3).
Subsec. (b).
1984—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(3).
1981—Subsec. (b).
1978—Subsec. (b).
Effective Date of 1997 Amendment
Amendment by section 5513(a)(3) of
Amendment by section 5556(d) of
Effective Date of 1996 Amendment
Amendment by section 108(c)(13) of
Amendment by section 374(b) of
For provisions relating to effective date of title III of
Effective Date of 1984 Amendments
Amendment by
Amendment by
Effective Date of 1981 Amendment
Section 2334(c) of
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§657. Distribution of collected support
(a) In general
Subject to subsections (e) and (f) 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
(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
(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
(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
(4) State share
The term "State share" means 100 percent minus the Federal share.
(d) Hold-harmless provision
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
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).
(e) 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
(f) 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).
(Aug. 14, 1935, ch. 531, title IV, §457, as added
Amendment of Section
(1) in subsection (a), by substituting "subsections (d) and (e)" for "subsections (e) and (f)";
(2) by striking out subsection (d);
(3) in subsection (e), by striking out the second sentence; and
(4) by redesignating subsections (e) and (f) as (d) and (e), respectively.
References in Text
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, referred to in subsec. (a)(5)(C), is
Parts A and E of this subchapter, referred to in subsecs. (b), (c)(1), (d)(2), and (f), are classified to sections 601 et seq. and 670 et seq., respectively, of this title.
Amendments
1999—Subsec. (a)(2)(B)(i)(I).
Subsec. (a)(5)(C).
Subsecs. (a)(6), (c)(1)(A).
Subsec. (d).
1997—Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(2)(B)(i)(I), (ii)(I).
Subsec. (a)(2)(B)(ii)(II).
Subsec. (a)(4).
Subsec. (a)(5).
Subsec. (a)(6).
Subsec. (b).
Subsec. (c)(2).
Subsec. (c)(3)(A).
Subsec. (c)(3)(B).
Subsec. (f).
1996—
1988—Subsec. (b)(1).
1987—Subsec. (c).
1986—Subsec. (b)(3).
Subsec. (c).
1984—Subsec. (b).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (b)(4).
Subsec. (c).
Subsec. (c)(2).
Subsec. (d).
1981—Subsec. (b).
Subsec. (c).
1977—Subsec. (c).
Effective Date of 1999 Amendment
Amendment by section 401(j), (k) of
Effective Date of 1997 Amendment
Amendment by
Effective Date of 1996 Amendment
Section 302(c) of
"(1)
"(2)
For provisions relating to effective date of title III of
Effective Date of 1988 Amendment
Section 102(c) of
Effective Date of 1986 Amendment
Amendment by section 1883(b)(6) of
Section 1899(b) of
Effective Date of 1984 Amendments
Section 7(b) of
Amendment by section 11(a) of
Section 2646 of
Effective Date of 1981 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§658. Incentive payments to States
(a) Purpose; requirement; quarterly payments
In order to encourage and reward State child support enforcement programs which perform in a cost-effective and efficient manner to secure support for all children who have sought assistance in securing support, whether such children reside within the State or elsewhere and whether or not they are eligible for assistance under a program funded under part A of this subchapter, and regardless of the economic circumstances of their parents, the Secretary shall, from support collected which would otherwise represent the Federal share of assistance to families of noncustodial parents, pay to each State for each fiscal year, on a quarterly basis (as described in subsection (e) of this section) beginning with the quarter commencing October 1, 1985, an incentive payment in an amount determined under subsection (b) of this section.
(b) Incentive formula
(1) Except as provided in paragraphs (2), (3), and (4), the incentive payment shall be equal to—
(A) 6 percent of the total amount of support collected under the plan during the fiscal year in cases in which the support obligation involved is assigned to the State pursuant to
(B) 6 percent of the total amount of support collected during the fiscal year in all other cases under this part (with such total amount for any fiscal year being hereafter referred to in this section as the State's "non-title IV–A collections" for that year).
(2) If subsection (c) of this section applies with respect to a State's title IV–A collections or non-title IV–A collections for any fiscal year, the percent specified in paragraph (1)(A) or (B) (with respect to such collections) shall be increased to the higher percent determined under such subsection (with respect to such collections) in determining the State's incentive payment under this subsection for that year.
(3) The dollar amount of the portion of the State's incentive payment for any fiscal year which is determined on the basis of its non-title IV–A collections under paragraph (1)(B) (after adjustment under subsection (c) of this section if applicable) shall in no case exceed—
(A) the dollar amount of the portion of such payment which is determined on the basis of its title IV–A collections under paragraph (1)(A) (after adjustment under subsection (c) of this section if applicable) in the case of fiscal year 1986 or 1987;
(B) 105 percent of such dollar amount in the case of fiscal year 1988;
(C) 110 percent of such dollar amount in the case of fiscal year 1989; or
(D) 115 percent of such dollar amount in the case of fiscal year 1990 or any fiscal year thereafter.
(4) The Secretary shall make such additional payments to the State under this part, for fiscal year 1986 or 1987, as may be necessary to assure that the total amount of payments under this section and
(c) Increase in percentage; laboratory costs
If the total amount of a State's title IV–A collections or non-title IV–A collections for any fiscal year bears a ratio to the total amount expended by the State in that year for the operation of its plan approved under
(1) 6.5 percent, plus
(2) one-half of 1 percent for each full two-tenths by which such ratio exceeds 1.4;
except that the percent so specified shall in no event be increased (for either title IV–A collections or non-title IV–A collections) to more than 10 percent. For purposes of the preceding sentence, laboratory costs incurred in determining paternity in any fiscal year may at the option of the State be excluded from the State's combined title IV–A/non-title IV–A administrative costs for that year.
(d) Support collected on behalf of individuals residing in another State
In computing incentive payments under this section, support which is collected by one State at the request of another State, including amounts collected under
(e) Estimates by Secretary; quarterly payments
The amounts of the incentive payments to be made to the various States under this section for any fiscal year shall be estimated by the Secretary at or before the beginning of such year on the basis of the best information available. The Secretary shall make such payments for such 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 shall be deemed obligated.
(Aug. 14, 1935, ch. 531, title IV, §458, as added
Repeal of Section
References in Text
Part A of this subchapter, referred to in subsec. (a), is classified to
Title IV–A, referred to in subsecs. (b) and (c), means part A of title IV of act Aug. 14, 1935, ch. 531, which is classified generally to part A (§601 et seq.) of this subchapter.
Section 5(c)(2)(A) of the Child Support Enforcement Amendments of 1984, referred to in subsec. (b)(4), is section 5(c)(2)(A) of
Amendments
1998—Subsecs. (a) to (c).
1997—Subsec. (d).
1996—Subsec. (a).
Subsec. (b).
Subsec. (b)(1)(A).
Subsec. (c).
1988—Subsec. (d).
1986—Subsec. (d).
1984—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsecs. (d), (e).
1982—Subsec. (a).
1980—Subsec. (a).
Subsec. (c).
1977—Subsec. (a).
Subsec. (b).
Effective Date of 1998 Amendment
Amendment by section 201(e)(1)(A) of
Effective Date of 1997 Amendment
Amendment by
Effective Date of 1996 Amendment
For provisions relating to effective date of title III of
Effective and Termination Dates of 1984 Amendment
Section 5(c)(1) of
Section 5(c)(2)(A) of
Effective Date of 1983 Amendment
Amendment by
Effective Date of 1977 Amendment
Section 503(b) of
Development of New Incentive System
Construction of Reference to Section 657(b) of This Title
Section 5(c)(2)(B) of
Section Referred to in Other Sections
This section is referred to in
§658a. Incentive payments to States
(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
(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
(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 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 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
(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.
(Aug. 14, 1935, ch. 531, title IV, §458A, as added
Renumbering of Section
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.
Effective Date
Regulations
Transition Rule
"(1) for fiscal year 2000, the Secretary shall reduce by one-third the amount otherwise payable to a State under section 458 of the Social Security Act [
"(2) for fiscal year 2001, the Secretary shall reduce by two-thirds the amount otherwise payable to a State under section 458 of the Social Security Act, and shall reduce by one-third the amount otherwise payable to a State under section 458A of such Act."
Studies
"(1)
"(A)
"(B)
"(i)
"(ii)
"(iii)
"(2)
"(A)
"(B)
[
§659. Consent by United States to income withholding, garnishment, and similar proceedings for enforcement of child support and alimony obligations
(a) Consent to support enforcement
Notwithstanding any other provision of law (including
(b) Consent to requirements applicable to private person
With respect to notice to withhold income pursuant to subsection (a)(1) or (b) of
(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
(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
(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
(2) allocation of moneys due or payable to an individual among claimants under
(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
(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
(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.
(Aug. 14, 1935, ch. 531, title IV, §459, as added
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.
Amendments
1999—Subsec. (h)(1)(A)(v).
1997—Subsec. (c)(2)(C).
Subsec. (h)(1).
Subsec. (h)(1)(A)(i).
Subsec. (h)(1)(A)(iii).
Subsec. (h)(1)(A)(iv).
Subsec. (h)(1)(B)(iii).
1996—
1983—Subsec. (a).
1977—Subsec. (a).
Subsecs. (b) to (f).
Effective Date of 1997 Amendment
Amendment by
Effective Date of 1996 Amendment
Section 362(d) of
For provisions relating to effective date of title III of
Pilot Program on Alternative Notice of Receipt of Legal Process for Garnishment of Federal Pay for Child Support and Alimony
For provisions relating to pilot program on alternative notice procedures for withholding or garnishment of pay for payment of child support and alimony under this section, see section 1061 of
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 (
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 (
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 (
(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 (
(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
PART I—PURPOSE
(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:
PART 3—IMMEDIATE ACTIONS TO ENSURE CHILDREN ARE SUPPORTED BY THEIR PARENTS
(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.
(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.
PART 4—ADDITIONAL ACTIONS
(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.
(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.
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.
Section Referred to in Other Sections
This section is referred to in
1 So in original. The comma probably should be a semicolon.
2 So in original. The comma probably should be a semicolon.
§659a. International support enforcement
(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.
(Aug. 14, 1935, ch. 531, title IV, §459A, as added
Effective Date
For effective date of section, see section 395(a)–(c) of
Section Referred to in Other Sections
This section is referred to in
§660. Civil action to enforce child support obligations; jurisdiction of district courts
The district courts of the United States shall have jurisdiction, without regard to any amount in controversy, to hear and determine any civil action certified by the Secretary of Health and Human Services under
(Aug. 14, 1935, ch. 531, title IV, §460, as added
Amendments
1984—
Effective Date of 1984 Amendment
Amendment by
§§661, 662. Repealed. Pub. L. 104–193, title III, §362(b)(1), Aug. 22, 1996, 110 Stat. 2246
Section 661, act Aug. 14, 1935, ch. 531, title IV, §461, as added May 23, 1977,
Section 662, act Aug. 14, 1935, ch. 531, title IV, §462, as added May 23, 1977,
Effective Date of Repeal
Repeal effective 6 months after Aug. 22, 1996, see section 362(d) of
For provisions relating to effective date of title III of
§663. Use of Federal Parent Locator Service in connection with enforcement or determination of child custody in cases of parental kidnaping of child
(a) Agreements with States for use of Federal Parent Locator Service
The Secretary shall enter into an agreement with every State under which the services of the Federal Parent Locator Service established under
(1) enforcing any State or Federal law with respect to the unlawful taking or restraint of a child; or
(2) making or enforcing a child custody or visitation determination.
(b) Requests from authorized persons for information
An agreement entered into under subsection (a) of this section shall provide that the State agency described in
(1) enforcing any State or Federal law with respect to the unlawful taking or restraint of a child; or
(2) making or enforcing a child custody or visitation determination.
(c) Information which may be disclosed
Information authorized to be provided by the Secretary under subsection (a), (b), (e), or (f) of this section shall be subject to the same conditions with respect to disclosure as information authorized to be provided under
(d) "Custody or visitation determination" and "authorized person" defined
For purposes of this section—
(1) the term "custody or visitation determination" means a judgment, decree, or other order of a court providing for the custody or visitation of a child, and includes permanent and temporary orders, and initial orders and modification;
(2) the term "authorized person" means—
(A) any agent or attorney of any State having an agreement under this section, who has the duty or authority under the law of such State to enforce a child custody or visitation determination;
(B) any court having jurisdiction to make or enforce such a child custody or visitation determination, or any agent of such court; and
(C) any agent or attorney of the United States, or of a State having an agreement under this section, who has the duty or authority to investigate, enforce, or bring a prosecution with respect to the unlawful taking or restraint of a child.
(e) Agreement on use of Federal Parent Locator Service with United States Central Authority under Convention on the Civil Aspects of International Child Abduction
The Secretary shall enter into an agreement with the Central Authority designated by the President in accordance with
(f) Agreement to assist in locating missing children under Federal Parent Locator Service
The Secretary shall enter into an agreement with the Attorney General of the United States, under which the services of the Federal Parent Locator Service established under
(1) enforcing any State or Federal law with respect to the unlawful taking or restraint of a child, or
(2) making or enforcing a child custody or visitation determination.
The Federal Parent Locator Service shall charge no fees for services requested pursuant to this subsection.
(Aug. 14, 1935, ch. 531, title IV, §463, as added
Amendments
1997—Subsec. (a).
Subsec. (a)(2).
Subsec. (b).
Subsec. (b)(2).
Subsec. (c).
Subsec. (d)(1).
Subsec. (d)(2)(A), (B).
Subsec. (f)(2).
1996—Subsec. (a).
Subsecs. (b), (c).
Subsecs. (e), (f).
1994—Subsec. (c).
Subsec. (f).
1988—Subsec. (b).
Subsec. (c).
Subsec. (e).
Effective Date of 1997 Amendment
Amendment by
Effective Date of 1996 Amendment
For effective date of amendment by
Effective Date of 1994 Amendment
Section 214(c) of
Effective Date
Section 9(d) of
Section Referred to in Other Sections
This section is referred to in
§664. Collection of past-due support from Federal tax refunds
(a) Procedures applicable; distribution
(1) Upon receiving notice from a State agency administering a plan approved under this part that a named individual owes past-due support which has been assigned to such State pursuant to section 608(a)(3) or
(2)(A) Upon receiving notice from a State agency administering a plan approved under this part that a named individual owes past-due support (as that term is defined for purposes of this paragraph under subsection (c) of this section) which such State has agreed to collect under
(B) This paragraph shall apply only with respect to refunds payable under section 6402 of the Internal Revenue Code of 1986 after December 31, 1985.
(3)(A) Prior to notifying the Secretary of the Treasury under paragraph (1) or (2) that an individual owes past-due support, the State shall send notice to such individual that a withholding will be made from any refund otherwise payable to such individual. The notice shall also (i) instruct the individual owing the past-due support of the steps which may be taken to contest the State's determination that past-due support is owed or the amount of the past-due support, and (ii) provide information, as may be prescribed by the Secretary of Health and Human Services by regulation in consultation with the Secretary of the Treasury, with respect to procedures to be followed, in the case of a joint return, to protect the share of the refund which may be payable to another person.
(B) If the Secretary of the Treasury determines that an amount should be withheld under paragraph (1) or (2), and that the refund from which it should be withheld is based upon a joint return, the Secretary of the Treasury shall notify the State that the withholding is being made from a refund based upon a joint return, and shall furnish to the State the names and addresses of each taxpayer filing such joint return. In the case of a withholding under paragraph (2), the State may delay distribution of the amount withheld until the State has been notified by the Secretary of the Treasury that the other person filing the joint return has received his or her proper share of the refund, but such delay may not exceed six months.
(C) If the other person filing the joint return with the named individual owing the past-due support takes appropriate action to secure his or her proper share of a refund from which a withholding was made under paragraph (1) or (2), the Secretary of the Treasury shall pay such share to such other person. The Secretary of the Treasury shall deduct the amount of such payment from amounts subsequently payable to the State agency to which the amount originally withheld from such refund was paid.
(D) In any case in which an amount was withheld under paragraph (1) or (2) and paid to a State, and the State subsequently determines that the amount certified as past-due support was in excess of the amount actually owed at the time the amount withheld is to be distributed to or on behalf of the child, the State shall pay the excess amount withheld to the named individual thought to have owed the past-due support (or, in the case of amounts withheld on the basis of a joint return, jointly to the parties filing such return).
(b) Regulations; contents, etc.
(1) The Secretary of the Treasury shall issue regulations, approved by the Secretary of Health and Human Services, prescribing the time or times at which States must submit notices of past-due support, the manner in which such notices must be submitted, and the necessary information that must be contained in or accompany the notices. The regulations shall be consistent with the provisions of subsection (a)(3) of this section, shall specify the minimum amount of past-due support to which the offset procedure established by subsection (a) of this section may be applied, and the fee that a State must pay to reimburse the Secretary of the Treasury for the full cost of applying the offset procedure, and shall provide that the Secretary of the Treasury will advise the Secretary of Health and Human Services, not less frequently than annually, of the States which have furnished notices of past-due support under subsection (a) of this section, the number of cases in each State with respect to which such notices have been furnished, the amount of support sought to be collected under this subsection by each State, and the amount of such collections actually made in the case of each State. Any fee paid to the Secretary of the Treasury pursuant to this subsection may be used to reimburse appropriations which bore all or part of the cost of applying such procedure.
(2) In the case of withholdings made under subsection (a)(2) of this section, the regulations promulgated pursuant to this subsection shall include the following requirements:
(A) The withholding shall apply only in the case where the State determines that the amount of the past-due support which will be owed at the time the withholding is to be made, based upon the pattern of payment of support and other enforcement actions being pursued to collect the past-due support, is equal to or greater than $500. The State may limit the $500 threshold amount to amounts of past-due support accrued since the time that the State first began to enforce the child support order involved under the State plan, and may limit the application of the withholding to past-due support accrued since such time.
(B) The fee which the Secretary of the Treasury may impose to cover the costs of the withholding and notification may not exceed $25 per case submitted.
(c) "Past-due support" defined
(1) Except as provided in paragraph (2), as used in this part the term "past-due support" means the amount of a delinquency, determined under a court order, or an order of an administrative process established under State law, for support and maintenance of a child, or of a child and the parent with whom the child is living.
(2) For purposes of subsection (a)(2) of this section, the term "past-due support" means only past-due support owed to or on behalf of a qualified child (or a qualified child and the parent with whom the child is living if the same support order includes support for the child and the parent).
(3) For purposes of paragraph (2), the term "qualified child" means a child—
(A) who is a minor; or
(B)(i) who, while a minor, was determined to be disabled under subchapter II or XVI of this chapter; and
(ii) for whom an order of support is in force.
(Aug. 14, 1935, ch. 531, title IV, §464, as added
References in Text
The Internal Revenue Code of 1986, referred to in subsec. (a)(2)(B), is classified generally to Title 26, Internal Revenue Code.
Amendments
1997—Subsec. (a)(1).
Subsec. (a)(2)(A).
1996—Subsec. (a)(1).
Subsec. (a)(2)(A).
1990—Subsec. (a)(2)(B).
Subsec. (c)(2).
Subsec. (c)(3).
1986—Subsec. (a)(2)(B).
Subsec. (b)(2)(A).
1984—Subsec. (a).
Subsec. (b)(1).
Subsec. (c)(1).
Effective Date of 1997 Amendment
Amendment by section 5513(a)(4) of
Amendment by sections 5531(b) and 5532(i)(1) of
Effective Date of 1996 Amendment
Amendment by
For provisions relating to effective date of title III of
Effective Date of 1990 Amendment
Section 5011(c) of
Effective Date of 1984 Amendment
Amendment by section 11(d) of
Amendment by section 21(a)–(c) of
Effective Date
Section effective Oct. 1, 1981, except as otherwise specifically provided, see section 2336 of
Section Referred to in Other Sections
This section is referred to in
§665. Allotments from pay for child and spousal support owed by members of uniformed services on active duty
(a) Mandatory allotment; notice upon failure to make; amount of allotment; adjustment or discontinuance; consultation
(1) In any case in which child support payments or child and spousal support payments are owed by a member of one of the uniformed services (as defined in
(2) Notwithstanding the preceding provisions of this subsection, no action shall be taken to require an allotment from the pay and allowances of any member of one of the uniformed services under such provisions (A) until such member has had a consultation with a judge advocate of the service involved (as defined in
(b) "Authorized person" defined
For purposes of this section the term "authorized person" with respect to any member of the uniformed services means—
(1) any agent or attorney of a State having in effect a plan approved under this part who has the duty or authority under such plan to seek to recover any amounts owed by such member as child or child and spousal support (including, when authorized under the State plan, any official of a political subdivision); and
(2) the court which has authority to issue an order against such member for the support and maintenance of a child, or any agent of such court.
(c) Regulations
The Secretary of Defense, in the case of the Army, Navy, Air Force, and Marine Corps, and the Secretary concerned (as defined in
(Aug. 14, 1935, ch. 531, title IV, §465, as added
Effective Date
Section 172(b) of
1 So in original. Probably should be "section".
§666. Requirement of statutorily prescribed procedures to improve effectiveness of child support enforcement
(a) Types of procedures required
In order to satisfy
(1)(A) Procedures described in subsection (b) of this section for the withholding from income of amounts payable as support in cases subject to enforcement under the State plan.
(B) Procedures under which the income of a person with a support obligation imposed by a support order issued (or modified) in the State before January 1, 1994, if not otherwise subject to withholding under subsection (b) of this section, shall become subject to withholding as provided in subsection (b) of this section if arrearages occur, without the need for a judicial or administrative hearing.
(2) Expedited administrative and judicial procedures (including the procedures specified in subsection (c) of this section) for establishing paternity and for establishing, modifying, and enforcing support obligations. The Secretary may waive the provisions of this paragraph with respect to one or more political subdivisions within the State on the basis of the effectiveness and timeliness of support order issuance and enforcement or paternity establishment within the political subdivision (in accordance with the general rule for exemptions under subsection (d) of this section).
(3) Procedures under which the State child support enforcement agency shall request, and the State shall provide, that for the purpose of enforcing a support order under any State plan approved under this part—
(A) any refund of State income tax which would otherwise be payable to a noncustodial parent will be reduced, after notice has been sent to that noncustodial parent of the proposed reduction and the procedures to be followed to contest it (and after full compliance with all procedural due process requirements of the State), by the amount of any overdue support owed by such noncustodial parent;
(B) the amount by which such refund is reduced shall be distributed in accordance with
(C) notice of the noncustodial parent's social security account number (or numbers, if he has more than one such number) and home address shall be furnished to the State agency requesting the refund offset, and to the State agency enforcing the order.
(4)
(A) liens arise by operation of law against real and personal property for amounts of overdue support owed by a noncustodial parent who resides or owns property in the State; and
(B) the State accords full faith and credit to liens described in subparagraph (A) arising in another State, when the State agency, party, or other entity seeking to enforce such a lien complies with the procedural rules relating to recording or serving liens that arise within the State, except that such rules may not require judicial notice or hearing prior to the enforcement of such a lien.
(5)
(A)
(i) Procedures which permit the establishment of the paternity of a child at any time before the child attains 18 years of age.
(ii) As of August 16, 1984, clause (i) shall also apply to a child for whom paternity has not been established or for whom a paternity action was brought but dismissed because a statute of limitations of less than 18 years was then in effect in the State.
(B)
(i)
(I) alleging paternity, and setting forth facts establishing a reasonable possibility of the requisite sexual contact between the parties; or
(II) denying paternity, and setting forth facts establishing a reasonable possibility of the nonexistence of sexual contact between the parties.
(ii)
(I) to pay costs of such tests, subject to recoupment (if the State so elects) from the alleged father if paternity is established; and
(II) to obtain additional testing in any case if an original test result is contested, upon request and advance payment by the contestant.
(C)
(i)
(ii)
(iii)
(I)
(II)
(aa)
(bb)
(iv)
(D)
(i)
(I) the father and mother have signed a voluntary acknowledgment of paternity; or
(II) a court or an administrative agency of competent jurisdiction has issued an adjudication of paternity.
Nothing in this clause shall preclude a State agency from obtaining an admission of paternity from the father for submission in a judicial or administrative proceeding, or prohibit the issuance of an order in a judicial or administrative proceeding which bases a legal finding of paternity on an admission of paternity by the father and any other additional showing required by State law.
(ii)
(I) 60 days; or
(II) the date of an administrative or judicial proceeding relating to the child (including a proceeding to establish a support order) in which the signatory is a party.
(iii)
(E)
(F)
(i) requiring the admission into evidence, for purposes of establishing paternity, of the results of any genetic test that is—
(I) of a type generally acknowledged as reliable by accreditation bodies designated by the Secretary; and
(II) performed by a laboratory approved by such an accreditation body;
(ii) requiring an objection to genetic testing results to be made in writing not later than a specified number of days before any hearing at which the results may be introduced into evidence (or, at State option, not later than a specified number of days after receipt of the results); and
(iii) making the test results admissible as evidence of paternity without the need for foundation testimony or other proof of authenticity or accuracy, unless objection is made.
(G)
(H)
(I)
(J)
(K)
(L)
(M)
(6) Procedures which require that a noncustodial parent give security, post a bond, or give some other guarantee to secure payment of overdue support, after notice has been sent to such noncustodial parent of the proposed action and of the procedures to be followed to contest it (and after full compliance with all procedural due process requirements of the State).
(7)
(A)
(B)
(i) only after such parent has been afforded all due process required under State law, including notice and a reasonable opportunity to contest the accuracy of such information; and
(ii) only to an entity that has furnished evidence satisfactory to the State that the entity is a consumer reporting agency (as so defined).
(8)(A) Procedures under which all child support orders not described in subparagraph (B) will include provision for withholding from income, in order to assure that withholding as a means of collecting child support is available if arrearages occur without the necessity of filing application for services under this part.
(B) Procedures under which all child support orders which are initially issued in the State on or after January 1, 1994, and are not being enforced under this part will include the following requirements:
(i) The income of a noncustodial parent shall be subject to withholding, regardless of whether support payments by such parent are in arrears, on the effective date of the order; except that such income shall not be subject to withholding under this clause in any case where (I) one of the parties demonstrates, and the court (or administrative process) finds, that there is good cause not to require immediate income withholding, or (II) a written agreement is reached between both parties which provides for an alternative arrangement.
(ii) The requirements of subsection (b)(1) of this section (which shall apply in the case of each noncustodial parent against whom a support order is or has been issued or modified in the State, without regard to whether the order is being enforced under the State plan).
(iii) The requirements of paragraphs (2), (5), (6), (7), (8), (9), and (10) of subsection (b) of this section, where applicable.
(iv) Withholding from income of amounts payable as support must be carried out in full compliance with all procedural due process requirements of the State.
(9) Procedures which require that any payment or installment of support under any child support order, whether ordered through the State judicial system or through the expedited processes required by paragraph (2), is (on and after the date it is due)—
(A) a judgment by operation of law, with the full force, effect, and attributes of a judgment of the State, including the ability to be enforced,
(B) entitled as a judgment to full faith and credit in such State and in any other State, and
(C) not subject to retroactive modification by such State or by any other State;
except that such procedures may permit modification with respect to any period during which there is pending a petition for modification, but only from the date that notice of such petition has been given, either directly or through the appropriate agent, to the obligee or (where the obligee is the petitioner) to the obligor.
(10)
(A) 3-
(i)
(I) review and, if appropriate, adjust the order in accordance with the guidelines established pursuant to
(II) apply a cost-of-living adjustment to the order in accordance with a formula developed by the State; or
(III) use automated methods (including automated comparisons with wage or State income tax data) to identify orders eligible for review, conduct the review, identify orders eligible for adjustment, and apply the appropriate adjustment to the orders eligible for adjustment under any threshold that may be established by the State.
(ii)
(iii)
(B)
(C)
(11) Procedures under which a State must give full faith and credit to a determination of paternity made by any other State, whether established through voluntary acknowledgment or through administrative or judicial processes.
(12)
(13)
(A) any applicant for a professional license, driver's license, occupational license, recreational license, or marriage license be recorded on the application;
(B) any individual who is subject to a divorce decree, support order, or paternity determination or acknowledgment be placed in the records relating to the matter; and
(C) any individual who has died be placed in the records relating to the death and be recorded on the death certificate.
For purposes of subparagraph (A), if a State allows the use of a number other than the social security number to be used on the face of the document while the social security number is kept on file at the agency, the State shall so advise any applicants.
(14)
(A)
(i) the State shall use high-volume automated administrative enforcement, to the same extent as used for intrastate cases, in response to a request made by another State to enforce support orders, and shall promptly report the results of such enforcement procedure to the requesting State;
(ii) the State may, by electronic or other means, transmit to another State a request for assistance in enforcing support orders through high-volume, automated administrative enforcement, which request—
(I) shall include such information as will enable the State to which the request is transmitted to compare the information about the cases to the information in the data bases of the State; and
(II) shall constitute a certification by the requesting State—
(aa) of the amount of support under an order the payment of which is in arrears; and
(bb) that the requesting State has complied with all procedural due process requirements applicable to each case;
(iii) if the State provides assistance to another State pursuant to this paragraph with respect to a case, neither State shall consider the case to be transferred to the caseload of such other State; and
(iv) the State shall maintain records of—
(I) the number of such requests for assistance received by the State;
(II) the number of cases for which the State collected support in response to such a request; and
(III) the amount of such collected support.
(B)
(15)
(A) pay such support in accordance with a plan approved by the court, or, at the option of the State, a plan approved by the State agency administering the State program under this part; or
(B) if the individual is subject to such a plan and is not incapacitated, participate in such work activities (as defined in
(16)
(17)
(A)
(i) to develop and operate, in coordination with such financial institutions, and the Federal Parent Locator Service in the case of financial institutions doing business in two or more States, a data match system, using automated data exchanges to the maximum extent feasible, in which each such financial institution is required to provide for each calendar quarter the name, record address, social security number or other taxpayer identification number, and other identifying information for each noncustodial parent who maintains an account at such institution and who owes past-due support, as identified by the State by name and social security number or other taxpayer identification number; and
(ii) in response to a notice of lien or levy, encumber or surrender, as the case may be, assets held by such institution on behalf of any noncustodial parent who is subject to a child support lien pursuant to paragraph (4).
(B)
(C)
(i) for any disclosure of information to the State agency under subparagraph (A)(i);
(ii) for encumbering or surrendering any assets held by such financial institution in response to a notice of lien or levy issued by the State agency as provided for in subparagraph (A)(ii); or
(iii) for any other action taken in good faith to comply with the requirements of subparagraph (A).
(D)
(i)
(ii)
(18)
(19)
Notwithstanding
(b) Withholding from income of amounts payable as support
The procedures referred to in subsection (a)(1)(A) of this section (relating to the withholding from income of amounts payable as support) must provide for the following:
(1) In the case of each noncustodial parent against whom a support order is or has been issued or modified in the State, and is being enforced under the State plan, so much of such parent's income must be withheld, in accordance with the succeeding provisions of this subsection, as is necessary to comply with the order and provide for the payment of any fee to the employer which may be required under paragraph (6)(A), up to the maximum amount permitted under
(2) Such withholding must be provided without the necessity of any application therefor in the case of a child (whether or not eligible for assistance under a State program funded under part A of this subchapter) with respect to whom services are already being provided under the State plan under this part, and must be provided in accordance with this subsection on the basis of an application for services under the State plan in the case of any other child in whose behalf a support order has been issued or modified in the State. In either case such withholding must occur without the need for any amendment to the support order involved or for any further action (other than those actions required under this part) by the court or other entity which issued such order.
(3)(A) The income of a noncustodial parent shall be subject to such withholding, regardless of whether support payments by such parent are in arrears, in the case of a support order being enforced under this part that is issued or modified on or after the first day of the 25th month beginning after October 13, 1988, on the effective date of the order; except that such income shall not be subject to such withholding under this subparagraph in any case where (i) one of the parties demonstrates, and the court (or administrative process) finds, that there is good cause not to require immediate income withholding, or (ii) a written agreement is reached between both parties which provides for an alternative arrangement.
(B) The income of a noncustodial parent shall become subject to such withholding, in the case of income not subject to withholding under subparagraph (A), on the date on which the payments which the noncustodial parent has failed to make under a support order are at least equal to the support payable for one month or, if earlier, and without regard to whether there is an arrearage, the earliest of—
(i) the date as of which the noncustodial parent requests that such withholding begin,
(ii) the date as of which the custodial parent requests that such withholding begin, if the State determines, in accordance with such procedures and standards as it may establish, that the request should be approved, or
(iii) such earlier date as the State may select.
(4)(A) Such withholding must be carried out in full compliance with all procedural due process requirements of the State, and the State must send notice to each noncustodial parent to whom paragraph (1) applies—
(i) that the withholding has commenced; and
(ii) of the procedures to follow if the noncustodial parent desires to contest such withholding on the grounds that the withholding or the amount withheld is improper due to a mistake of fact.
(B) The notice under subparagraph (A) of this paragraph shall include the information provided to the employer under paragraph (6)(A).
(5) Such withholding must be administered by the State through the State disbursement unit established pursuant to
(6)(A)(i) The employer of any noncustodial parent to whom paragraph (1) applies, upon being given notice as described in clause (ii), must be required to withhold from such noncustodial parent's income the amount specified by such notice (which may include a fee, established by the State, to be paid to the employer unless waived by such employer) and pay such amount (after deducting and retaining any portion thereof which represents the fee so established) to the State disbursement unit within 7 business days after the date the amount would (but for this subsection) have been paid or credited to the employee, for distribution in accordance with this part. The employer shall withhold funds as directed in the notice, except that when an employer receives an income withholding order issued by another State, the employer shall apply the income withholding law of the State of the obligor's principal place of employment in determining—
(I) the employer's fee for processing an income withholding order;
(II) the maximum amount permitted to be withheld from the obligor's income;
(III) the time periods within which the employer must implement the income withholding order and forward the child support payment;
(IV) the priorities for withholding and allocating income withheld for multiple child support obligees; and
(V) any withholding terms or conditions not specified in the order.
An employer who complies with an income withholding notice that is regular on its face shall not be subject to civil liability to any individual or agency for conduct in compliance with the notice.
(ii) The notice given to the employer shall be in a standard format prescribed by the Secretary, and contain only such information as may be necessary for the employer to comply with the withholding order.
(iii) As used in this subparagraph, the term "business day" means a day on which State offices are open for regular business.
(B) Methods must be established by the State to simplify the withholding process for employers to the greatest extent possible, including permitting any employer to combine all withheld amounts into a single payment to each appropriate agency or entity (with the portion thereof which is attributable to each individual employee being separately designated).
(C) The employer must be held liable to the State for any amount which such employer fails to withhold from income due an employee following receipt by such employer of proper notice under subparagraph (A), but such employer shall not be required to vary the normal pay and disbursement cycles in order to comply with this paragraph.
(D) Provision must be made for the imposition of a fine against any employer who—
(i) discharges from employment, refuses to employ, or takes disciplinary action against any noncustodial parent subject to income withholding required by this subsection because of the existence of such withholding and the obligations or additional obligations which it imposes upon the employer; or
(ii) fails to withhold support from income or to pay such amounts to the State disbursement unit in accordance with this subsection.
(7) Support collection under this subsection must be given priority over any other legal process under State law against the same income.
(8) For purposes of subsection (a) of this section and this subsection, the term "income" means any periodic form of payment due to an individual, regardless of source, including wages, salaries, commissions, bonuses, worker's compensation, disability, payments pursuant to a pension or retirement program, and interest.
(9) The State must extend its withholding system under this subsection so that such system will include withholding from income derived within such State in cases where the applicable support orders were issued in other States, in order to assure that child support owed by noncustodial parents in such State or any other State will be collected without regard to the residence of the child for whom the support is payable or of such child's custodial parent.
(10) Provision must be made for terminating withholding.
(11) Procedures under which the agency administering the State plan approved under this part may execute a withholding order without advance notice to the obligor, including issuing the withholding order through electronic means.
(c) Expedited procedures
The procedures specified in this subsection are the following:
(1) Administrative action by State agency
Procedures which give the State agency the authority to take the following actions relating to establishment of paternity or to establishment, modification, or enforcement of support orders, without the necessity of obtaining an order from any other judicial or administrative tribunal, and to recognize and enforce the authority of State agencies of other States to take the following actions:
(A) Genetic testing
To order genetic testing for the purpose of paternity establishment as provided in subsection (a)(5) of this section.
(B) Financial or other information
To subpoena any financial or other information needed to establish, modify, or enforce a support order, and to impose penalties for failure to respond to such a subpoena.
(C) Response to State agency request
To require all entities in the State (including for-profit, nonprofit, and governmental employers) to provide promptly, in response to a request by the State agency of that or any other State administering a program under this part, information on the employment, compensation, and benefits of any individual employed by such entity as an employee or contractor, and to sanction failure to respond to any such request.
(D) Access to information contained in certain records
To obtain access, subject to safeguards on privacy and information security, and subject to the nonliability of entities that afford such access under this subparagraph, to information contained in the following records (including automated access, in the case of records maintained in automated data bases):
(i) Records of other State and local government agencies, including—
(I) vital statistics (including records of marriage, birth, and divorce);
(II) State and local tax and revenue records (including information on residence address, employer, income and assets);
(III) records concerning real and titled personal property;
(IV) records of occupational and professional licenses, and records concerning the ownership and control of corporations, partnerships, and other business entities;
(V) employment security records;
(VI) records of agencies administering public assistance programs;
(VII) records of the motor vehicle department; and
(VIII) corrections records.
(ii) Certain records held by private entities with respect to individuals who owe or are owed support (or against or with respect to whom a support obligation is sought), consisting of—
(I) the names and addresses of such individuals and the names and addresses of the employers of such individuals, as appearing in customer records of public utilities and cable television companies, pursuant to an administrative subpoena authorized by subparagraph (B); and
(II) information (including information on assets and liabilities) on such individuals held by financial institutions.
(E) Change in payee
In cases in which support is subject to an assignment in order to comply with a requirement imposed pursuant to part A of this subchapter, part E of this subchapter, or
(F) Income withholding
To order income withholding in accordance with subsections (a)(1)(A) and (b) of this section.
(G) Securing assets
In cases in which there is a support arrearage, to secure assets to satisfy any current support obligation and the arrearage by—
(i) intercepting or seizing periodic or lump-sum payments from—
(I) a State or local agency, including unemployment compensation, workers' compensation, and other benefits; and
(II) judgments, settlements, and lotteries;
(ii) attaching and seizing assets of the obligor held in financial institutions;
(iii) attaching public and private retirement funds; and
(iv) imposing liens in accordance with subsection (a)(4) of this section and, in appropriate cases, to force sale of property and distribution of proceeds.
(H) Increase monthly payments
For the purpose of securing overdue support, to increase the amount of monthly support payments to include amounts for arrearages, subject to such conditions or limitations as the State may provide.
Such procedures shall be subject to due process safeguards, including (as appropriate) requirements for notice, opportunity to contest the action, and opportunity for an appeal on the record to an independent administrative or judicial tribunal.
(2) Substantive and procedural rules
The expedited procedures required under subsection (a)(2) of this section shall include the following rules and authority, applicable with respect to all proceedings to establish paternity or to establish, modify, or enforce support orders:
(A) Locator information; presumptions concerning notice
Procedures under which—
(i) each party to any paternity or child support proceeding is required (subject to privacy safeguards) to file with the State case registry upon entry of an order, and to update as appropriate, information on location and identity of the party, including social security number, residential and mailing addresses, telephone number, driver's license number, and name, address, and telephone number of employer; and
(ii) in any subsequent child support enforcement action between the parties, upon sufficient showing that diligent effort has been made to ascertain the location of such a party, the court or administrative agency of competent jurisdiction shall deem State due process requirements for notice and service of process to be met with respect to the party, upon delivery of written notice to the most recent residential or employer address filed with the State case registry pursuant to clause (i).
(B) Statewide jurisdiction
Procedures under which—
(i) the State agency and any administrative or judicial tribunal with authority to hear child support and paternity cases exerts statewide jurisdiction over the parties; and
(ii) in a State in which orders are issued by courts or administrative tribunals, a case may be transferred between local jurisdictions in the State without need for any additional filing by the petitioner, or service of process upon the respondent, to retain jurisdiction over the parties.
(3) Coordination with ERISA
Notwithstanding subsection (d) of section 514 of the Employee Retirement Income Security Act of 1974 [
(d) Exemption of States
If a State demonstrates to the satisfaction of the Secretary, through the presentation to the Secretary of such data pertaining to caseloads, processing times, administrative costs, and average support collections, and such other data or estimates as the Secretary may specify, that the enactment of any law or the use of any procedure or procedures required by or pursuant to this section will not increase the effectiveness and efficiency of the State child support enforcement program, the Secretary may exempt the State, subject to the Secretary's continuing review and to termination of the exemption should circumstances change, from the requirement to enact the law or use the procedure or procedures involved.
(e) "Overdue support" defined
For purposes of this section, the term "overdue support" means the amount of a delinquency pursuant to an obligation determined under a court order, or an order of an administrative process established under State law, for support and maintenance of a minor child which is owed to or on behalf of such child, or for support and maintenance of the noncustodial parent's spouse (or former spouse) with whom the child is living if and to the extent that spousal support (with respect to such spouse or former spouse) would be included for purposes of
(f) Uniform Interstate Family Support Act
In order to satisfy
(g) Laws voiding fraudulent transfers
In order to satisfy
(1)(A) the Uniform Fraudulent Conveyance Act of 1981;
(B) the Uniform Fraudulent Transfer Act of 1984; or
(C) another law, specifying indicia of fraud which create a prima facie case that a debtor transferred income or property to avoid payment to a child support creditor, which the Secretary finds affords comparable rights to child support creditors; and
(2) procedures under which, in any case in which the State knows of a transfer by a child support debtor with respect to which such a prima facie case is established, the State must—
(A) seek to void such transfer; or
(B) obtain a settlement in the best interests of the child support creditor.
(Aug. 14, 1935, ch. 531, title IV, §466, as added
Amendment of Subsection (a)(19)
(19) HEALTH CARE COVERAGE.—Procedures under which—
(A) effective as provided in section 401(c)(3) of the Child Support Performance and Incentive Act of 1998, all child support orders enforced pursuant to this part which include a provision for the health care coverage of the child are enforced, where appropriate, through the use of the National Medical Support Notice promulgated pursuant to section 401(b) of the Child Support Performance and Incentive Act of 1998 (and referred to in section 609(a)(5)(C) of the Employee Retirement Income Security Act of 1974 [
(B) unless alternative coverage is allowed for in any order of the court (or other entity issuing the child support order), in any case in which a noncustodial parent is required under the child support order to provide such health care coverage and the employer of such noncustodial parent is known to the State agency—
(i) the State agency uses the National Medical Support Notice to transfer notice of the provision for the health care coverage of the child to the employer;
(ii) within 20 business days after the date of the National Medical Support Notice, the employer is required to transfer the Notice, excluding the severable employer withholding notice described in section 401(b)(2)(C) of the Child Support Performance and Incentive Act of 1998, to the appropriate plan providing any such health care coverage for which the child is eligible;
(iii) in any case in which the noncustodial parent is a newly hired employee entered in the State Directory of New Hires pursuant to
(iv) in any case in which the employment of the noncustodial parent with any employer who has received a National Medical Support Notice is terminated, such employer is required to notify the State agency of such termination; and
(C) any liability of the noncustodial parent to such plan for employee contributions which are required under such plan for enrollment of the child is effectively subject to appropriate enforcement, unless the noncustodial parent contests such enforcement based on a mistake of fact.
References in Text
Parts A and E of this subchapter, referred to in subsecs. (a)(10)(A)(i), (15), (18), (b)(2), and (c)(1)(E), are classified to sections 601 et seq. and 670 et seq., respectively, of this title.
Codification
October 13, 1988, referred to in subsec. (b)(3)(A), was in the original "the date of enactment of this paragraph", which was translated as meaning the date of enactment of
Amendments
1999—Subsec. (a)(7)(A).
Subsec. (b)(6)(A)(i).
Subsec. (c)(2)(A)(i).
1998—Subsec. (a)(14)(B).
Subsec. (a)(17)(A)(i).
1997—Subsec. (a)(1)(B).
Subsec. (a)(3)(B).
Subsec. (a)(5)(C)(i).
Subsec. (a)(13).
Subsec. (a)(13)(A).
Subsec. (a)(14).
Subsec. (a)(15).
Subsec. (a)(16).
Subsec. (c)(1)(E).
Subsec. (c)(1)(F).
Subsec. (c)(1)(G).
Subsec. (c)(2)(A)(i).
Subsec. (c)(2)(A)(ii).
Subsec. (f).
1996—Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(3)(A).
Subsec. (a)(3)(B).
(a)(3)(C).
Subsec. (a)(4).
Subsec. (a)(5).
Subsec. (a)(6).
Subsec. (a)(7).
Subsec. (a)(8)(A).
Subsec. (a)(8)(B)(i).
Subsec. (a)(8)(B)(ii).
Subsec. (a)(10).
Subsec. (a)(12).
Subsec. (a)(13).
Subsec. (a)(14).
Subsec. (a)(15).
Subsec. (a)(16).
Subsec. (a)(17).
Subsec. (a)(18).
Subsec. (a)(19).
Subsec. (b).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(3)(A).
Subsec. (b)(3)(B).
Subsec. (b)(3)(B)(i).
Subsec. (b)(4).
"(A) Such withholding must be carried out in full compliance with all procedural due process requirements of the State, and (subject to subparagraph (B)) the State must send advance notice to each absent parent to whom paragraph (1) applies regarding the proposed withholding and the procedures such absent parent should follow if he or she desires to contest such withholding on the grounds that withholding (including the amount to be withheld) is not proper in the case involved because of mistakes of fact. If the absent parent contests such withholding on those grounds, the State shall determine whether such withholding will actually occur, shall (within no more than 45 days after the provision of such advance notice) inform such parent of whether or not withholding will occur and (if so) of the date on which it is to begin, and shall furnish such parent with the information contained in any notice given to the employer under paragraph (6)(A) with respect to such withholding.
"(B) The requirement of advance notice set forth in the first sentence of subparagraph (A) shall not apply in the case of any State which has a system of income withholding for child support purposes in effect on August 16, 1984, if such system provides on that date, and continues to provide, such procedures as may be necessary to meet the procedural due process requirements of State law."
Subsec. (b)(5).
Subsec. (b)(6)(A)(i).
Subsec. (b)(6)(A)(ii).
Subsec. (b)(6)(A)(iii).
Subsec. (b)(6)(C).
Subsec. (b)(6)(D).
Subsec. (b)(7).
Subsec. (b)(8).
Subsec. (b)(9).
Subsec. (b)(11).
Subsec. (c).
Subsec. (e).
Subsec. (f).
Subsec. (g).
1994—Subsec. (a)(7).
Subsec. (a)(7)(C).
1993—Subsec. (a)(2).
Subsec. (a)(5)(C) to (H).
Subsec. (a)(11).
1988—Subsec. (a)(5).
Subsec. (a)(5)(A).
Subsec. (a)(8).
Subsec. (a)(10).
Subsec. (b)(3).
"(A) the date on which the payments which the absent parent has failed to make under such order are at least equal to the support payable for one month,
"(B) the date as of which the absent parent requests that such withholding begin, or
"(C) such earlier date as the State may select."
1986—Subsec. (a)(9).
Effective Date of 1999 Amendment
Amendment by
Effective Date of 1998 Amendment
Amendment by section 401(c)(1) of
Effective Date of 1997 Amendment
Amendment by
Effective Date of 1996 Amendment
Amendment by section 108(c)(14), (15) of
For effective date of amendments by title III of
Effective Date of 1994 Amendment
Section 212(b) of
Effective Date of 1993 Amendment
Amendment by
Effective Date of 1988 Amendments
Section 8105 of
Section 101(d) of
"(1) The amendment made by subsection (a) [amending this section] shall become effective on the first day of the 25th month beginning after the date of the enactment of this Act [Oct. 13, 1988].
"(2) The amendments made by subsection (b) [amending this section] shall become effective on January 1, 1994.
"(3) Subsection (c) [set out below] shall become effective on the date of the enactment of this Act."
Section 103(f) of
Amendment by section 111(b) of
Amendment by section 111(e) of
Effective Date of 1986 Amendment
Section 9103(b) of
"(1) Except as provided in paragraph (2), the amendment made by subsection (a) [amending this section] shall become effective on the date of the enactment of this Act [Oct. 21, 1986].
"(2) 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 the amendment made by subsection (a) [amending 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 the date of the enactment of this Act [Oct. 21, 1986]. For purposes of the preceding sentence, the term 'session' means a regular, special, budget, or other session of a State legislature."
Effective Date
Section effective Oct. 1, 1985, except that subsec. (e) effective with respect to support owed for any month beginning after Aug. 16, 1984, see section 3(g) of
Study on Making Immediate Income Withholding Mandatory in All Cases
Section 101(c) of
Study of Impact of Extending Periodic Review Requirements to All Other Cases
Section 103(d) of
Demonstration Projects for Evaluating Model Procedures for Reviewing Child Support Awards
Section 103(e) of
Commission on Interstate Child Support
Section 126 of
Section Referred to in Other Sections
This section is referred to in
§667. State guidelines for child support awards
(a) Establishment of guidelines; method
Each State, as a condition for having its State plan approved under this part, must establish guidelines for child support award amounts within the State. The guidelines may be established by law or by judicial or administrative action, and shall be reviewed at least once every 4 years to ensure that their application results in the determination of appropriate child support award amounts.
(b) Availability of guidelines; rebuttable presumption
(1) The guidelines established pursuant to subsection (a) of this section shall be made available to all judges and other officials who have the power to determine child support awards within such State.
(2) There shall be a rebuttable presumption, in any judicial or administrative proceeding for the award of child support, that the amount of the award which would result from the application of such guidelines is the correct amount of child support to be awarded. A written finding or specific finding on the record that the application of the guidelines would be unjust or inappropriate in a particular case, as determined under criteria established by the State, shall be sufficient to rebut the presumption in that case.
(c) Technical assistance to States; State to furnish Secretary with copies
The Secretary shall furnish technical assistance to the States for establishing the guidelines, and each State shall furnish the Secretary with copies of its guidelines.
(Aug. 14, 1935, ch. 531, title IV, §467, as added
Amendments
1988—Subsec. (a).
Subsec. (b).
Effective Date of 1988 Amendment
Amendment by
Effective Date
Section 18(b) of
Study of Child-Rearing Costs
Section 128 of
Section Referred to in Other Sections
This section is referred to in
§668. Encouragement of States to adopt civil procedure for establishing paternity in contested cases
In the administration of the child support enforcement program under this part, each State is encouraged to establish and implement a civil procedure for establishing paternity in contested cases.
(Aug. 14, 1935, ch. 531, title IV, §468, as added
Amendments
1996—
Effective Date of 1996 Amendment
For effective date of amendment by
§669. Collection and reporting of child support enforcement data
(a) In general
With respect to each type of service described in subsection (b) of this section, the Secretary shall collect and maintain up-to-date statistics, by State, and on a fiscal year basis, on—
(1) the number of cases in the caseload of the State agency administering the plan approved under this part in which the service is needed; and
(2) the number of such cases in which the service has actually been provided.
(b) Types of services
The statistics required by subsection (a) of this section shall be separately stated with respect to paternity establishment services and child support obligation establishment services.
(c) Types of service recipients
The statistics required by subsection (a) of this section shall be separately stated with respect to—
(1) recipients of assistance under a State program funded under part A of this subchapter or of payments or services under a State plan approved under part E of this subchapter; and
(2) individuals who are not such recipients.
(d) Rule of interpretation
For purposes of subsection (a)(2) of this section, a service has actually been provided when the task described by the service has been accomplished.
(Aug. 14, 1935, ch. 531, title IV, §469, as added
References in Text
Parts A and E of this subchapter, referred to in subsec. (c)(1), are classified to sections 601 et seq. and 670 et seq., respectively, of this title.
Amendments
1998—
1996—Subsec. (a).
Subsec. (b)(2), (4).
1988—Subsec. (a).
Effective Date of 1998 Amendment
Amendment by
Effective Date of 1996 Amendment
Amendment by section 108(c)(16) of
For effective date of amendment by section 395(d)(2)(E) of
Effective Date of 1988 Amendment
Section 8105 of
§669a. Nonliability for financial institutions providing financial records to State child support enforcement agencies in child support cases
(a) In general
Notwithstanding any other provision of Federal or State law, a financial institution shall not be liable under any Federal or State law to any person for disclosing any financial record of an individual to a State child support enforcement agency attempting to establish, modify, or enforce a child support obligation of such individual, or for disclosing any such record to the Federal Parent Locator Service pursuant to
(b) Prohibition of disclosure of financial record obtained by State child support enforcement agency
A State child support enforcement agency which obtains a financial record of an individual from a financial institution pursuant to subsection (a) of this section may disclose such financial record only for the purpose of, and to the extent necessary in, establishing, modifying, or enforcing a child support obligation of such individual.
(c) Civil damages for unauthorized disclosure
(1) Disclosure by State officer or employee
If any person knowingly, or by reason of negligence, discloses a financial record of an individual in violation of subsection (b) of this section, such individual may bring a civil action for damages against such person in a district court of the United States.
(2) No liability for good faith but erroneous interpretation
No liability shall arise under this subsection with respect to any disclosure which results from a good faith, but erroneous, interpretation of subsection (b) of this section.
(3) Damages
In any action brought under paragraph (1), upon a finding of liability on the part of the defendant, the defendant shall be liable to the plaintiff in an amount equal to the sum of—
(A) the greater of—
(i) $1,000 for each act of unauthorized disclosure of a financial record with respect to which such defendant is found liable; or
(ii) the sum of—
(I) the actual damages sustained by the plaintiff as a result of such unauthorized disclosure; plus
(II) in the case of a willful disclosure or a disclosure which is the result of gross negligence, punitive damages; plus
(B) the costs (including attorney's fees) of the action.
(d) Definitions
For purposes of this section—
(1) Financial institution
The term "financial institution" means—
(A) a depository institution, as defined in
(B) an institution-affiliated party, as defined in
(C) any Federal credit union or State credit union, as defined in
(D) any benefit association, insurance company, safe deposit company, money-market mutual fund, or similar entity authorized to do business in the State.
(2) Financial record
The term "financial record" has the meaning given such term in
(Aug. 14, 1935, ch. 531, title IV, §469A, as added
Amendments
1998—Subsec. (a).
Effective Date
For effective date of section, see section 395(a)–(c) of
Section Referred to in Other Sections
This section is referred to in
§669b. Grants to States for access and visitation programs
(a) In general
The Administration for Children and Families shall make grants under this section to enable States to establish and administer programs to support and facilitate noncustodial parents' access to and visitation of their children, by means of activities including mediation (both voluntary and mandatory), counseling, education, development of parenting plans, visitation enforcement (including monitoring, supervision and neutral drop-off and pickup), and development of guidelines for visitation and alternative custody arrangements.
(b) Amount of grant
The amount of the grant to be made to a State under this section for a fiscal year shall be an amount equal to the lesser of—
(1) 90 percent of State expenditures during the fiscal year for activities described in subsection (a) of this section; or
(2) the allotment of the State under subsection (c) of this section for the fiscal year.
(c) Allotments to States
(1) In general
The allotment of a State for a fiscal year is the amount that bears the same ratio to $10,000,000 for grants under this section for the fiscal year as the number of children in the State living with only 1 biological parent bears to the total number of such children in all States.
(2) Minimum allotment
The Administration for Children and Families shall adjust allotments to States under paragraph (1) as necessary to ensure that no State is allotted less than—
(A) $50,000 for fiscal year 1997 or 1998; or
(B) $100,000 for any succeeding fiscal year.
(d) No supplantation of State expenditures for similar activities
A State to which a grant is made under this section may not use the grant to supplant expenditures by the State for activities specified in subsection (a) of this section, but shall use the grant to supplement such expenditures at a level at least equal to the level of such expenditures for fiscal year 1995.
(e) State administration
Each State to which a grant is made under this section—
(1) may administer State programs funded with the grant, directly or through grants to or contracts with courts, local public agencies, or nonprofit private entities;
(2) shall not be required to operate such programs on a statewide basis; and
(3) shall monitor, evaluate, and report on such programs in accordance with regulations prescribed by the Secretary.
(Aug. 14, 1935, ch. 531, title IV, §469B, as added
Effective Date
For effective date of section, see section 395(a)–(c) of
Part E—Federal Payments for Foster Care and Adoption Assistance
Part Referred to in Other Sections
This part is referred to in
§670. Congressional declaration of purpose; authorization of appropriations
For the purpose of enabling each State to provide, in appropriate cases, foster care and transitional independent living programs for children who otherwise would have been eligible for assistance under the State's plan approved under part A of this subchapter (as such plan was in effect on June 1, 1995) and adoption assistance for children with special needs, there are authorized to be appropriated for each fiscal year (commencing with the fiscal year which begins October 1, 1980) such sums as may be necessary to carry out the provisions of this part. The sums made available under this section shall be used for making payments to States which have submitted, and had approved by the Secretary, State plans under this part.
(Aug. 14, 1935, ch. 531, title IV, §470, as added
References in Text
Part A of this subchapter, referred to in text, is classified to
Amendments
1996—
1986—
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1986 Amendment
Section 1711(d) of
Entitlement Funding for State Courts To Assess and Improve Handling of Proceedings Relating to Foster Care and Adoption
"(a)
"(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 parts B and E of title IV of such Act [part B of this subchapter and this part];
"(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 changes deemed necessary as a result of the assessments.
"(b)
"(c)
"(1)
"(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.
"(2)
"(d)
"(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."
Abandoned Infants Assistance
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Abandoned Infants Assistance Act of 1988'.
"SEC. 2. FINDINGS.
"The Congress finds that—
"(1) throughout the Nation, the number of infants and young children who have been exposed to drugs taken by their mothers during pregnancy has increased dramatically;
"(2) the inability of parents who abuse drugs to provide adequate care for such infants and young children and a lack of suitable shelter homes for such infants and young children have led to the abandonment of such infants and young children in hospitals for extended periods;
"(3) an unacceptable number of these infants and young children will be medically cleared for discharge, yet remain in hospitals as boarder babies;
"(4) hospital-based child care for these infants and young children is extremely costly and deprives them of an adequate nurturing environment;
"(5) training is inadequate for foster care personnel working with medically fragile infants and young children and infants and young children exposed to drugs;
"(6) a particularly devastating development is the increase in the number of infants and young children who are infected with the human immunodeficiency virus (which is believed to cause acquired immune deficiency syndrome and which is commonly known as HIV) or who have been perinatally exposed to the virus or to a dangerous drug;
"(7) many such infants and young children have at least one parent who is an intravenous drug abuser;
"(8) such infants and young children are particularly difficult to place in foster homes, and are being abandoned in hospitals in increasing numbers by mothers dying of acquired immune deficiency syndrome, or by parents incapable of providing adequate care;
"(9) there is a need for comprehensive services for such infants and young children, including foster family care services, case management services, family support services, respite and crisis intervention services, counseling services, and group residential home services;
"(10) there is a need to support the families of such infants and young children through the provision of services that will prevent the abandonment of the infants and children; and
"(11) there is a need for the development of funding strategies that coordinate and make the optimal use of all private resources, and Federal, State, and local resources, to establish and maintain such services.
"TITLE I—PROJECTS REGARDING ABANDONMENT OF INFANTS AND YOUNG CHILDREN IN HOSPITALS
"SEC. 101. ESTABLISHMENT OF PROGRAM OF DEMONSTRATION PROJECTS.
"(a)
"(1) to prevent the abandonment of infants and young children, including the provision of services to members of the natural family for any condition that increases the probability of abandonment of an infant or young child;
"(2) to identify and address the needs of abandoned infants and young children;
"(3) to assist abandoned infants and young children to reside with their natural families or in foster care, as appropriate;
"(4) to recruit, train, and retain foster families for abandoned infants and young children;
"(5) to carry out residential care programs for abandoned infants and young children who are unable to reside with their families or to be placed in foster care;
"(6) to carry out programs of respite care for families and foster families of infants and young children described in subsection (b);
"(7) to recruit and train health and social services personnel to work with families, foster care families, and residential care programs for abandoned infants and young children; and
"(8) to prevent the abandonment of infants and young children, and to care for the infants and young children who have been abandoned, through model programs providing health, educational, and social services at a single site in a geographic area in which a significant number of infants and young children described in subsection (b) reside (with special consideration given to applications from entities that will provide the services of the project through community-based organizations).
"(b)
"(1) who are infected with the human immunodeficiency virus or who have been perinatally exposed to the virus; or
"(2) who have been perinatally exposed to a dangerous drug.
"(c)
"(1) a case plan of the type described in paragraph (1) of section 475 of the Social Security Act [
"(2) the program includes a case review system of the type described in paragraph (5) of such section (covering each such infant and young child who is not otherwise subject to such a system).
"(d)
"(1) The Secretary may not make a grant under subsection (a) unless the applicant for the grant agrees—
"(A) to use the funds provided under this section only for the purposes specified in the application submitted to, and approved by, the Secretary pursuant to subsection (e);
"(B) to establish such fiscal control and fund accounting procedures as may be necessary to ensure proper disbursement and accounting of Federal funds paid to the applicant under this section;
"(C) to report to the Secretary annually on the utilization, cost, and outcome of activities conducted, and services furnished, under this section; and
"(D) that if, during the majority of the 180-day period preceding the date of the enactment of this Act [Oct. 18, 1988], the applicant has carried out any program with respect to the care of abandoned infants and young children, the applicant will expend the grant only for the purpose of significantly expanding, in accordance with subsection (a), activities under such program above the level provided under such program during the majority of such period.
"(2) Subject to the availability of amounts made available in appropriations Acts for the fiscal year involved, the duration of a grant under subsection (a) shall be for a period of 3 years, except that the Secretary—
"(A) may terminate the grant if the Secretary determines that the entity involved has substantially failed to comply with the agreements required as a condition of the provision of the grant; and
"(B) shall continue the grant for one additional year if the Secretary determines that the entity has satisfactorily complied with such agreements.
"(e)
"(1) an application for the grant is submitted to the Secretary;
"(2) with respect to carrying out the purpose for which the grant is to be made, the application provides assurances of compliance satisfactory to the Secretary; and
"(3) the application otherwise is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section.
"(f)
"(g)
"(h)
"SEC. 102. EVALUATIONS, STUDIES, AND REPORTS BY SECRETARY.
"(a)
"(b)
"(1)(A) The Secretary may enter into contracts or cooperative agreements with public or nonprofit private entities for the development and operation of model projects to disseminate the information described in subparagraph (B) to individuals who are disproportionately at risk of dysfunctional behaviors that lead to the abandonment of infants or young children.
"(B) The information referred to in subparagraph (A) is information on the availability to individuals described in such subparagraph, and the families of the individuals, of financial assistance and services under Federal, State, local, and private programs providing health services, mental health services, educational services, housing services, social services, or other appropriate services.
"(2) The Secretary may not provide a contract or cooperative agreement under paragraph (1) to an entity unless—
"(A) the entity has demonstrated expertise in the functions with respect to which such financial assistance is to be provided; and
"(B) the entity agrees that in disseminating information on programs described in such paragraph, the entity will give priority—
"(i) to providing the information to individuals described in such paragraph who—
"(I) engage in the abuse of alcohol or drugs, who are infected with the human immunodeficiency virus, or who have limited proficiency in speaking the English language; or
"(II) have been historically underserved in the provision of the information; and
"(ii) to providing information on programs that are operated in the geographic area in which the individuals involved reside and that will assist in eliminating or reducing the extent of behaviors described in such paragraph.
"(3) In providing contracts and cooperative agreements under paragraph (1), the Secretary may not provide more than 1 such contract or agreement with respect to any geographic area.
"(4) Subject to the availability of amounts made available in appropriations Acts for the fiscal year involved, the duration of a contract or cooperative agreement under paragraph (1) shall be for a period of 3 years, except that the Secretary may terminate such financial assistance if the Secretary determines that the entity involved has substantially failed to comply with the agreements required as a condition of the provision of the assistance.
"(c)
"(1) The Secretary shall conduct a study for the purpose of determining—
"(A) an estimate of the number of infants and young children abandoned in hospitals in the United States and the number of such infants and young children who are infants and young children described in section 101(b); and
"(B) an estimate of the annual costs incurred by the Federal Government and by State and local governments in providing housing and care for such infants and young children.
"(2) Not later than April 1, 1992, the Secretary shall complete the study required in paragraph (1) and submit to the Congress a report describing the findings made as a result of the study.
"(d)
"(1) The Secretary shall conduct a study for the purpose of determining the most effective methods for responding to the needs of abandoned infants and young children.
"(2) The Secretary shall, not later than April 1, 1991, complete the study required in paragraph (1) and submit to the Congress a report describing the findings made as a result of the study.
"SEC. 103. DEFINITIONS.
"For purposes of this title:
"(1) The terms 'abandoned' and 'abandonment', with respect to infants and young children, mean that the infants and young children are medically cleared for discharge from acute-care hospital settings, but remain hospitalized because of a lack of appropriate out-of-hospital placement alternatives.
"(2) The term 'dangerous drug' means a controlled substance, as defined in section 102 of the Controlled Substances Act [
"(3) The term 'natural family' shall be broadly interpreted to include natural parents, grandparents, family members, guardians, children residing in the household, and individuals residing in the household on a continuing basis who are in a care-giving situation with respect to infants and young children covered under this Act.
"SEC. 104. AUTHORIZATION OF APPROPRIATIONS.
"(a)
"(1) For the purpose of carrying out this title (other than section 102(b)), there are authorized to be appropriated $35,000,000 for fiscal year 1997 and such sums as may be necessary for each of the fiscal years 1998 through 2001.
"(2)(A) Of the amounts appropriated under paragraph (1) for any fiscal year in excess of the amount appropriated under this subsection for fiscal year 1991, as adjusted in accordance with subparagraph (B), the Secretary shall make available not less than 50 percent for grants under section 101(a) to carry out projects described in paragraph (8) of such section.
"(B) For purposes of subparagraph (A), the amount relating to fiscal year 1991 shall be adjusted for a fiscal year to a greater amount to the extent necessary to reflect the percentage increase in the consumer price index for all urban consumers (U.S. city average) for the 12-month period ending with March of the preceding fiscal year.
"(3) Not more than 5 percent of the amounts appropriate under paragraph (1) for any fiscal year may be obligated for carrying out section 102(a).
"(b)
"(c)
"(1) For the purpose of the administration of this title by the Secretary, there is authorized to be appropriated for each fiscal year specified in subsection (a)(1) an amount equal to 5 percent of the amount authorized in such subsection to be appropriated for the fiscal year. With respect to the amounts appropriated under such subsection, the preceding sentence may not be construed to prohibit the expenditure of the amounts for the purpose described in such sentence.
"(2) The Secretary may not obligate any of the amounts appropriated under paragraph (1) for a fiscal year unless, from the amounts appropriated under subsection (a)(1) for the fiscal year, the Secretary has obligated for the purpose described in such paragraph an amount equal to the amounts obligated by the Secretary for such purpose in fiscal year 1991.
"(d)
"TITLE II—MEDICAL COSTS OF TREATMENT WITH RESPECT TO ACQUIRED IMMUNE DEFICIENCY SYNDROME
"SEC. 201. STUDY AND REPORT ON ASSISTANCE.
"(a)
"(1) determining cost-effective methods for providing assistance to individuals for the medical costs of treatment of conditions arising from infection with the etiologic agent for acquired immune deficiency syndrome, including determining the feasibility of risk-pool health insurance for individuals at risk of such infection;
"(2) determining the extent to which Federal payments under title XIX of the Social Security Act [subchapter XIX of this chapter] are being expended for medical costs described in paragraph (1); and
"(3) providing an estimate of the extent to which such Federal payments will be expended for such medical costs during the 5-year period beginning on the date of the enactment of this Act [Oct. 18, 1988].
"(b)
"TITLE III—GENERAL PROVISIONS
"SEC. 301. DEFINITIONS.
"For purposes of this Act:
"(1) The term 'acquired immune deficiency syndrome' includes infection with the etiologic agent for such syndrome, any condition indicating that an individual is infected with such etiologic agent, and any condition arising from such etiologic agent.
"(2) The term 'Secretary' means the Secretary of Health and Human Services."
[
Study of Foster Care and Adoption Assistance Programs; Report to Congress Not Later Than October 1, 1983
Section 101(b) of
§671. State plan for foster care and adoption assistance
(a) Requisite features of State plan
In order for a State to be eligible for payments under this part, it shall have a plan approved by the Secretary which—
(1) provides for foster care maintenance payments in accordance with
(2) provides that the State agency responsible for administering the program authorized by subpart 1 of part B of this subchapter shall administer, or supervise the administration of, the program authorized by this part;
(3) provides that the plan shall be in effect in all political subdivisions of the State, and, if administered by them, be mandatory upon them;
(4) provides that the State shall assure that the programs at the local level assisted under this part will be coordinated with the programs at the State or local level assisted under parts A and B of this subchapter, under subchapter XX of this chapter, and under any other appropriate provision of Federal law;
(5) provides that the State will, in the administration of its programs under this part, use such methods relating to the establishment and maintenance of personnel standards on a merit basis as are found by the Secretary to be necessary for the proper and efficient operation of the programs, except that the Secretary shall exercise no authority with respect to the selection, tenure of office, or compensation of any individual employed in accordance with such methods;
(6) provides that the State agency referred to in paragraph (2) (hereinafter in this part referred to as the "State agency") will make such reports, in such form and containing such information as the Secretary may from time to time require, and comply with such provisions as the Secretary may from time to time find necessary to assure the correctness and verification of such reports;
(7) provides that the State agency will monitor and conduct periodic evaluations of activities carried out under this part;
(8) provides safeguards which restrict the use of or disclosure of information concerning individuals assisted under the State plan to purposes directly connected with (A) the administration of the plan of the State approved under this part, the plan or program of the State under part A, B, or D of this subchapter or under subchapter I, V, X, XIV, XVI (as in effect in Puerto Rico, Guam, and the Virgin Islands), XIX, or XX of this chapter, or the supplemental security income program established by subchapter XVI of this chapter, (B) any investigation, prosecution, or criminal or civil proceeding, conducted in connection with the administration of any such plan or program, (C) the administration of any other Federal or federally assisted program which provides assistance, in cash or in kind, or services, directly to individuals on the basis of need, (D) any audit or similar activity conducted in connection with the administration of any such plan or program by any governmental agency which is authorized by law to conduct such audit or activity, and (E) reporting and providing information pursuant to paragraph (9) to appropriate authorities with respect to known or suspected child abuse or neglect; and the safeguards so provided shall prohibit disclosure, to any committee or legislative body (other than an agency referred to in clause (D) with respect to an activity referred to in such clause), of any information which identifies by name or address any such applicant or recipient; except that nothing contained herein shall preclude a State from providing standards which restrict disclosures to purposes more limited than those specified herein, or which, in the case of adoptions, prevent disclosure entirely;
(9) provides that the State agency will—
(A) report to an appropriate agency or official, known or suspected instances of physical or mental injury, sexual abuse or exploitation, or negligent treatment or maltreatment of a child receiving aid under part B of this subchapter or this part under circumstances which indicate that the child's health or welfare is threatened thereby; and
(B) provide such information with respect to a situation described in subparagraph (A) as the State agency may have;
(10) provides for the establishment or designation of a State authority or authorities which shall be responsible for establishing and maintaining standards for foster family homes and child care institutions which are reasonably in accord with recommended standards of national organizations concerned with standards for such institutions or homes, including standards related to admission policies, safety, sanitation, and protection of civil rights, and provides that the standards so established shall be applied by the State to any foster family home or child care institution receiving funds under this part or part B of this subchapter;
(11) provides for periodic review of the standards referred to in the preceding paragraph and amounts paid as foster care maintenance payments and adoption assistance to assure their continuing appropriateness;
(12) provides for granting an opportunity for a fair hearing before the State agency to any individual whose claim for benefits available pursuant to this part is denied or is not acted upon with reasonable promptness;
(13) provides that the State shall arrange for a periodic and independently conducted audit of the programs assisted under this part and part B of this subchapter, which shall be conducted no less frequently than once every three years;
(14) provides (A) specific goals (which shall be established by State law on or before October 1, 1982) for each fiscal year (commencing with the fiscal year which begins on October 1, 1983) as to the maximum number of children (in absolute numbers or as a percentage of all children in foster care with respect to whom assistance under the plan is provided during such year) who, at any time during such year, will remain in foster care after having been in such care for a period in excess of twenty-four months, and (B) a description of the steps which will be taken by the State to achieve such goals;
(15) provides that—
(A) in determining reasonable efforts to be made with respect to a child, as described in this paragraph, and in making such reasonable efforts, the child's health and safety shall be the paramount concern;
(B) except as provided in subparagraph (D), reasonable efforts shall be made to preserve and reunify families—
(i) prior to the placement of a child in foster care, to prevent or eliminate the need for removing the child from the child's home; and
(ii) to make it possible for a child to safely return to the child's home;
(C) if continuation of reasonable efforts of the type described in subparagraph (B) is determined to be inconsistent with the permanency plan for the child, reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan, and to complete whatever steps are necessary to finalize the permanent placement of the child;
(D) reasonable efforts of the type described in subparagraph (B) shall not be required to be made with respect to a parent of a child if a court of competent jurisdiction has determined that—
(i) the parent has subjected the child to aggravated circumstances (as defined in State law, which definition may include but need not be limited to abandonment, torture, chronic abuse, and sexual abuse);
(ii) the parent has—
(I) committed murder (which would have been an offense under
(II) committed voluntary manslaughter (which would have been an offense under
(III) aided or abetted, attempted, conspired, or solicited to commit such a murder or such a voluntary manslaughter; or
(IV) committed a felony assault that results in serious bodily injury to the child or another child of the parent; or
(iii) the parental rights of the parent to a sibling have been terminated involuntarily;
(E) if reasonable efforts of the type described in subparagraph (B) are not made with respect to a child as a result of a determination made by a court of competent jurisdiction in accordance with subparagraph (D)—
(i) a permanency hearing (as described in
(ii) reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan, and to complete whatever steps are necessary to finalize the permanent placement of the child; and
(F) reasonable efforts to place a child for adoption or with a legal guardian may be made concurrently with reasonable efforts of the type described in subparagraph (B);
(16) provides for the development of a case plan (as defined in
(17) provides that, where appropriate, all steps will be taken, including cooperative efforts with the State agencies administering the program funded under part A of this subchapter and plan approved under part D of this subchapter, to secure an assignment to the State of any rights to support on behalf of each child receiving foster care maintenance payments under this part;
(18) not later than January 1, 1997, provides that neither the State nor any other entity in the State that receives funds from the Federal Government and is involved in adoption or foster care placements may—
(A) deny to any person the opportunity to become an adoptive or a foster parent, on the basis of the race, color, or national origin of the person, or of the child, involved; or
(B) delay or deny the placement of a child for adoption or into foster care, on the basis of the race, color, or national origin of the adoptive or foster parent, or the child, involved;
(19) provides that the State shall consider giving preference to an adult relative over a non-related caregiver when determining a placement for a child, provided that the relative caregiver meets all relevant State child protection standards;
(20)(A) unless an election provided for in subparagraph (B) is made with respect to the State, provides procedures for criminal records checks for any prospective foster or adoptive parent before the foster or adoptive parent may be finally approved for placement of a child on whose behalf foster care maintenance payments or adoption assistance payments are to be made under the State plan under this part, including procedures requiring that—
(i) in any case in which a record check reveals a felony conviction for child abuse or neglect, for spousal abuse, for a crime against children (including child pornography), or for a crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery, if a State finds that a court of competent jurisdiction has determined that the felony was committed at any time, such final approval shall not be granted; and
(ii) in any case in which a record check reveals a felony conviction for physical assault, battery, or a drug-related offense, if a State finds that a court of competent jurisdiction has determined that the felony was committed within the past 5 years, such final approval shall not be granted; and
(B) subparagraph (A) shall not apply to a State plan if the Governor of the State has notified the Secretary in writing that the State has elected to make subparagraph (A) inapplicable to the State, or if the State legislature, by law, has elected to make subparagraph (A) inapplicable to the State;
(21) provides for health insurance coverage (including, at State option, through the program under the State plan approved under subchapter XIX of this chapter) for any child who has been determined to be a child with special needs, for whom there is in effect an adoption assistance agreement (other than an agreement under this part) between the State and an adoptive parent or parents, and who the State has determined cannot be placed with an adoptive parent or parents without medical assistance because such child has special needs for medical, mental health, or rehabilitative care, and that with respect to the provision of such health insurance coverage—
(A) such coverage may be provided through 1 or more State medical assistance programs;
(B) the State, in providing such coverage, shall ensure that the medical benefits, including mental health benefits, provided are of the same type and kind as those that would be provided for children by the State under subchapter XIX of this chapter;
(C) in the event that the State provides such coverage through a State medical assistance program other than the program under subchapter XIX of this chapter, and the State exceeds its funding for services under such other program, any such child shall be deemed to be receiving aid or assistance under the State plan under this part for purposes of
(D) in determining cost-sharing requirements, the State shall take into consideration the circumstances of the adopting parent or parents and the needs of the child being adopted consistent, to the extent coverage is provided through a State medical assistance program, with the rules under such program;
(22) provides that, not later than January 1, 1999, the State shall develop and implement standards to ensure that children in foster care placements in public or private agencies are provided quality services that protect the safety and health of the children;
(23) provides that the State shall not—
(A) deny or delay the placement of a child for adoption when an approved family is available outside of the jurisdiction with responsibility for handling the case of the child; or
(B) fail to grant an opportunity for a fair hearing, as described in paragraph (12), to an individual whose allegation of a violation of subparagraph (A) of this paragraph is denied by the State or not acted upon by the State with reasonable promptness; and
(24) include 1 a certification that, before a child in foster care under the responsibility of the State is placed with prospective foster parents, the prospective foster parents will be prepared adequately with the appropriate knowledge and skills to provide for the needs of the child, and that such preparation will be continued, as necessary, after the placement of the child.
(b) Approval of plan by Secretary
The Secretary shall approve any plan which complies with the provisions of subsection (a) of this section.
(Aug. 14, 1935, ch. 531, title IV, §471, as added
References in Text
Parts A, B, and D of this subchapter, referred to in subsec. (a)(2), (4), (8)–(10), (13), and (17), are classified to sections 601 et seq., 620 et seq., and 651 et seq., respectively, of this title.
Amendments
1999—Subsec. (a)(8).
Subsec. (a)(24).
1998—Subsec. (a)(23).
1997—Subsec. (a)(15).
Subsec. (a)(17).
Subsec. (a)(18).
Subsec. (a)(19).
Subsec. (a)(20).
Subsec. (a)(21).
Subsec. (a)(22).
1996—Subsec. (a)(17).
Subsec. (a)(18).
1994—Subsec. (b).
1993—Subsec. (a)(2).
1990—Subsec. (a)(8)(E).
Subsec. (a)(9).
1988—Subsec. (a)(8)(A).
1986—Subsec. (a)(1), (11).
1984—Subsec. (a)(17).
1982—Subsec. (a)(10).
1981—Subsec. (a)(10).
Effective Date of 1999 Amendment
Amendment by section 401(o) of
Effective Date of 1998 Amendment
Effective Date of 1997 Amendments
Amendment by
Amendment by
Effective Date of 1996 Amendment
Amendment by section 108(d)(2) of
Effective Date of 1994 Amendment
Section 203(c)(2) of
Effective Date of 1993 Amendment
Amendment by
Effective Date of 1990 Amendment
Section 5054(c) of
Effective Date of 1988 Amendment
Section 204 of title II of
"(a)
"(b)
"(B) In the case of any State in which the amendments made by this title become effective (in accordance with subparagraph (A)) with respect to any quarter of a fiscal year beginning before October 1, 1990, the limitation applicable to the State for the fiscal year under section 403(k)(2) of the Social Security Act [
"(2) Section 403(l)(3) of the Social Security Act [
"(3) Subsections (a), (c), and (d) of section 203 of this Act [
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1981 Amendment
Amendment by
Regulations
Section 203(a) of title II of
Preservation of Reasonable Parenting
Section 401 of
Reporting Requirements
Section 402 of
Purchase of American-Made Equipment and Products
Section 406 of
"(a)
"(b)
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "includes".
§672. Foster care maintenance payments program
(a) Qualifying children
Each State with a plan approved under this part shall make foster care maintenance payments (as defined in
(1) the removal from the home occurred pursuant to a voluntary placement agreement entered into by the child's parent or legal guardian, or was the result of a judicial determination to the effect that continuation therein would be contrary to the welfare of such child and (effective October 1, 1983) that reasonable efforts of the type described in
(2) such child's placement and care are the responsibility of (A) the State agency administering the State plan approved under
(3) such child has been placed in a foster family home or child-care institution as a result of the voluntary placement agreement or judicial determination referred to in paragraph (1); and
(4) such child—
(A) would have received aid under the State plan approved under
(B)(i) would have received such aid in or for such month if application had been made therefor, or (ii) had been living with a relative specified in
In any case where the child is an alien disqualified under section 1255a(h), 1160(f), or 1161(d)(7) 1 of title 8 from receiving aid under the State plan approved under
(b) Additional qualifications
Foster care maintenance payments may be made under this part only on behalf of a child described in subsection (a) of this section who is—
(1) in the foster family home of an individual, whether the payments therefor are made to such individual or to a public or nonprofit private child-placement or child-care agency, or
(2) in a child-care institution, whether the payments therefor are made to such institution or to a public or nonprofit private child-placement or child-care agency, which payments shall be limited so as to include in such payments only those items which are included in the term "foster care maintenance payments" (as defined in
(c) "Foster family home" and "child-care institution" defined
For the purposes of this part, (1) the term "foster family home" means a foster family home for children which is licensed by the State in which it is situated or has been approved, by the agency of such State having responsibility for licensing homes of this type, as meeting the standards established for such licensing; and (2) the term "child-care institution" means a private child-care institution, or a public child-care institution which accommodates no more than twenty-five children, which is licensed by the State in which it is situated or has been approved, by the agency of such State responsible for licensing or approval of institutions of this type, as meeting the standards established for such licensing, but the term shall not include detention facilities, forestry camps, training schools, or any other facility operated primarily for the detention of children who are determined to be delinquent.
(d) Children removed from their homes pursuant to voluntary placement agreements
Notwithstanding any other provision of this subchapter, Federal payments may be made under this part with respect to amounts expended by any State as foster care maintenance payments under this section, in the case of children removed from their homes pursuant to voluntary placement agreements as described in subsection (a) of this section, only if (at the time such amounts were expended) the State has fulfilled all of the requirements of
(e) Placements in best interest of child
No Federal payment may be made under this part with respect to amounts expended by any State as foster care maintenance payments under this section, in the case of any child who was removed from his or her home pursuant to a voluntary placement agreement as described in subsection (a) of this section and has remained in voluntary placement for a period in excess of 180 days, unless there has been a judicial determination by a court of competent jurisdiction (within the first 180 days of such placement) to the effect that such placement is in the best interests of the child.
(f) "Voluntary placement" and "voluntary placement agreement" defined
For the purposes of this part and part B of this subchapter, (1) the term "voluntary placement" means an out-of-home placement of a minor, by or with participation of a State agency, after the parents or guardians of the minor have requested the assistance of the agency and signed a voluntary placement agreement; and (2) the term "voluntary placement agreement" means a written agreement, binding on the parties to the agreement, between the State agency, any other agency acting on its behalf, and the parents or guardians of a minor child which specifies, at a minimum, the legal status of the child and the rights and obligations of the parents or guardians, the child, and the agency while the child is in placement.
(g) Revocation of voluntary placement agreement
In any case where—
(1) the placement of a minor child in foster care occurred pursuant to a voluntary placement agreement entered into by the parents or guardians of such child as provided in subsection (a) of this section, and
(2) such parents or guardians request (in such manner and form as the Secretary may prescribe) that the child be returned to their home or to the home of a relative,
the voluntary placement agreement shall be deemed to be revoked unless the State agency opposes such request and obtains a judicial determination, by a court of competent jurisdiction, that the return of the child to such home would be contrary to the child's best interests.
(h) Aid for dependent children; assistance for minor children in needy families
(1) For purposes of subchapter XIX of this chapter, any child with respect to whom foster care maintenance payments are made under this section is deemed to be a dependent child as defined in
(2) For purposes of paragraph (1), a child whose costs in a foster family home or child care institution are covered by the foster care maintenance payments being made with respect to the child's minor parent, as provided in
(Aug. 14, 1935, ch. 531, title IV, §472, as added and amended
References in Text
Parts A and B of this subchapter, referred to in subsecs. (f) and (h), are classified to sections 601 et seq. and 620 et seq., respectively, of this title.
Amendments
1999—Subsec. (a).
1997—Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(4).
Subsec. (d).
Subsec. (h)(1).
1996—Subsec. (a).
Subsec. (a)(4)(A).
Subsec. (a)(4)(B)(ii).
Subsec. (c)(2).
Subsec. (h).
1994—Subsec. (d).
1987—Subsec. (a).
Subsec. (h).
1986—Subsec. (a).
1980—Subsec. (a).
Subsecs. (d) to (h).
Effective Date of 1997 Amendments
Amendment by
Amendment by section 5513(b)(1), (2) of
Amendment by section 5592(b) of
Effective Date of 1996 Amendment
Amendment by section 108(d)(3), (4) of
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1987 Amendment
Section 9133(c) of
Effective Date of 1980 Amendment
Section 102(a)(1) of
Section 102(c) of
[Section 9131(b) of
Children Voluntarily Removed From Home of Relative
Section 102(d)(1) of
Annual Report to Congress of Number of Children Placed in Foster Care Pursuant to Voluntary Placement Agreements
Section 102(e) of
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§673. Adoption assistance program
(a) Agreements with adoptive parents of children with special needs; State payments; qualifying children; amount of payments; changes in circumstances; placement period prior to adoption; nonrecurring adoption expenses
(1)(A) Each State having a plan approved under this part shall enter into adoption assistance agreements (as defined in
(B) Under any adoption assistance agreement entered into by a State with parents who adopt a child with special needs, the State—
(i) shall make payments of nonrecurring adoption expenses incurred by or on behalf of such parents in connection with the adoption of such child, directly through the State agency or through another public or nonprofit private agency, in amounts determined under paragraph (3), and
(ii) in any case where the child meets the requirements of paragraph (2), may make adoption assistance payments to such parents, directly through the State agency or through another public or nonprofit private agency, in amounts so determined.
(2) For purposes of paragraph (1)(B)(ii), a child meets the requirements of this paragraph if such child—
(A)(i) at the time adoption proceedings were initiated, met the requirements of
(ii) meets all of the requirements of subchapter XVI of this chapter with respect to eligibility for supplemental security income benefits, or
(iii) is a child whose costs in a foster family home or child-care institution are covered by the foster care maintenance payments being made with respect to his or her minor parent as provided in
(B)(i) would have received aid under the State plan approved under
(ii)(I) would have received such aid in or for such month if application had been made therefor, or (II) had been living with a relative specified in
(iii) is a child described in subparagraph (A)(ii) or (A)(iii), and
(C) has been determined by the State, pursuant to subsection (c) of this section, to be a child with special needs.
The last sentence of
(3) The amount of the payments to be made in any case under clauses (i) and (ii) of paragraph (1)(B) shall be determined through agreement between the adoptive parents and the State or local agency administering the program under this section, which shall take into consideration the circumstances of the adopting parents and the needs of the child being adopted, and may be readjusted periodically, with the concurrence of the adopting parents (which may be specified in the adoption assistance agreement), depending upon changes in such circumstances. However, in no case may the amount of the adoption assistance payment made under clause (ii) of paragraph (1)(B) exceed the foster care maintenance payment which would have been paid during the period if the child with respect to whom the adoption assistance payment is made had been in a foster family home.
(4) Notwithstanding the preceding paragraph, (A) no payment may be made to parents with respect to any child who has attained the age of eighteen (or, where the State determines that the child has a mental or physical handicap which warrants the continuation of assistance, the age of twenty-one), and (B) no payment may be made to parents with respect to any child if the State determines that the parents are no longer legally responsible for the support of the child or if the State determines that the child is no longer receiving any support from such parents. Parents who have been receiving adoption assistance payments under this section shall keep the State or local agency administering the program under this section informed of circumstances which would, pursuant to this subsection, make them ineligible for such assistance payments, or eligible for assistance payments in a different amount.
(5) For purposes of this part, individuals with whom a child (who has been determined by the State, pursuant to subsection (c) of this section, to be a child with special needs) is placed for adoption in accordance with applicable State and local law shall be eligible for such payments, during the period of the placement, on the same terms and subject to the same conditions as if such individuals had adopted such child.
(6)(A) For purposes of paragraph (1)(B)(i), the term "nonrecurring adoption expenses" means reasonable and necessary adoption fees, court costs, attorney fees, and other expenses which are directly related to the legal adoption of a child with special needs and which are not incurred in violation of State or Federal law.
(B) A State's payment of nonrecurring adoption expenses under an adoption assistance agreement shall be treated as an expenditure made for the proper and efficient administration of the State plan for purposes of
(b) Aid for dependent children; assistance for minor children in needy families
(1) For purposes of subchapter XIX of this chapter, any child who is described in paragraph (3) is deemed to be a dependent child as defined in
(2) For purposes of subchapter XX of this chapter, any child who is described in paragraph (3) is deemed to be a minor child in a needy family under a State program funded under part A of this subchapter and deemed to be a recipient of assistance under such part.
(3) A child described in this paragraph is any child—
(A)(i) who is a child described in subsection (a)(2) of this section, and
(ii) with respect to whom an adoption assistance agreement is in effect under this section (whether or not adoption assistance payments are provided under the agreement or are being made under this section), including any such child who has been placed for adoption in accordance with applicable State and local law (whether or not an interlocutory or other judicial decree of adoption has been issued), or
(B) with respect to whom foster care maintenance payments are being made under
(4) For purposes of paragraphs (1) and (2), a child whose costs in a foster family home or child-care institution are covered by the foster care maintenance payments being made with respect to the child's minor parent, as provided in
(c) Children with special needs
For purposes of this section, a child shall not be considered a child with special needs unless—
(1) the State has determined that the child cannot or should not be returned to the home of his parents; and
(2) the State had first determined (A) that there exists with respect to the child a specific factor or condition (such as his ethnic background, age, or membership in a minority or sibling group, or the presence of factors such as medical conditions or physical, mental, or emotional handicaps) because of which it is reasonable to conclude that such child cannot be placed with adoptive parents without providing adoption assistance under this section or medical assistance under subchapter XIX of this chapter, and (B) that, except where it would be against the best interests of the child because of such factors as the existence of significant emotional ties with prospective adoptive parents while in the care of such parents as a foster child, a reasonable, but unsuccessful, effort has been made to place the child with appropriate adoptive parents without providing adoption assistance under this section or medical assistance under subchapter XIX of this chapter.
(Aug. 14, 1935, ch. 531, title IV, §473, as added and amended
References in Text
Part A of this subchapter, referred to in subsec. (b)(1), (2), is classified to
Amendments
1997—Subsec. (a)(2).
Subsec. (b)(1).
1996—Subsec. (a)(2)(A)(i).
Subsec. (a)(2)(B)(i).
Subsec. (a)(2)(B)(ii)(II).
Subsec. (b).
"(1)(A) who is a child described in subsection (a)(2) of this section, and
"(B) with respect to whom an adoption assistance agreement is in effect under this section (whether or not adoption assistance payments are provided under the agreement or are being made under this section), including any such child who has been placed for adoption in accordance with applicable State and local law (whether or not an interlocutory or other judicial decree of adoption has been issued), or
"(2) with respect to whom foster care maintenance payments are being made under
shall be deemed to be a dependent child as defined in
1994—Subsec. (a)(6)(B).
1987—Subsec. (a)(2).
Subsec. (a)(2)(A)(iii).
Subsec. (a)(2)(B)(iii).
Subsec. (b).
1986—Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (a)(4).
Subsec. (a)(5).
Subsec. (a)(6).
Subsec. (b).
Subsec. (b)(1)(A).
Subsec. (c)(2).
1980—Subsec. (a)(1).
Effective Date of 1997 Amendments
Section 307(b) of
Amendment by
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1994 Amendment
Section 265(d) of
Section 266(b) of
Effective Date of 1987 Amendment
Amendment by section 9133(b)(3), (4) of
Effective Date of 1986 Amendments
Amendment by
Section 12305(c) of
Effective Date of 1980 Amendment
Amendment by section 102(a)(3) of
Section Referred to in Other Sections
This section is referred to in
§673a. Interstate compacts
The Secretary of Health and Human Services shall take all possible steps to encourage and assist the various States to enter into interstate compacts (which are hereby approved by the Congress) under which the interests of any adopted child with respect to whom an adoption assistance agreement has been entered into by a State under
(
Codification
Section was enacted as part of the Adoption Assistance and Child Welfare Act of 1980, and not as part of the Social Security Act which comprises this chapter.
Change of Name
"Secretary of Health and Human Services" was substituted for "Secretary of Health, Education, and Welfare" in text, pursuant to
§673b. Adoption incentive payments
(a) Grant authority
Subject to the availability of such amounts as may be provided in advance in appropriations Acts for this purpose, the Secretary shall make a grant to each State that is an incentive-eligible State for a fiscal year in an amount equal to the adoption incentive payment payable to the State under this section for the fiscal year, which shall be payable in the immediately succeeding fiscal year.
(b) Incentive-eligible State
A State is an incentive-eligible State for a fiscal year if—
(1) the State has a plan approved under this part for the fiscal year;
(2) the number of foster child adoptions in the State during the fiscal year exceeds the base number of foster child adoptions for the State for the fiscal year;
(3) the State is in compliance with subsection (c) of this section for the fiscal year;
(4) in the case of fiscal years 2001 and 2002, the State provides health insurance coverage to any child with special needs (as determined under
(5) the fiscal year is any of fiscal years 1998 through 2002.
(c) Data requirements
(1) In general
A State is in compliance with this subsection for a fiscal year if the State has provided to the Secretary the data described in paragraph (2)—
(A) for fiscal years 1995 through 1997 (or, if the first fiscal year for which the State seeks a grant under this section is after fiscal year 1998, the fiscal year that precedes such first fiscal year); and
(B) for each succeeding fiscal year that precedes the fiscal year.
(2) Determination of numbers of adoptions
(A) Determinations based on AFCARS data
Except as provided in subparagraph (B), the Secretary shall determine the numbers of foster child adoptions and of special needs adoptions in a State during each of fiscal years 1995 through 2002, for purposes of this section, on the basis of data meeting the requirements of the system established pursuant to
(B) Alternative data sources permitted for fiscal years 1995 through 1997
For purposes of the determination described in subparagraph (A) for fiscal years 1995 through 1997, the Secretary may use data from a source or sources other than that specified in subparagraph (A) that the Secretary finds to be of equivalent completeness and reliability, as reported by a State by April 30, 1998, and approved by the Secretary by July 1, 1998.
(3) No waiver of AFCARS requirements
This section shall not be construed to alter or affect any requirement of
(d) Adoption incentive payment
(1) In general
Except as provided in paragraph (2), the adoption incentive payment payable to a State for a fiscal year under this section shall be equal to the sum of—
(A) $4,000, multiplied by the amount (if any) by which the number of foster child adoptions in the State during the fiscal year exceeds the base number of foster child adoptions for the State for the fiscal year; and
(B) $2,000, multiplied by the amount (if any) by which the number of special needs adoptions in the State during the fiscal year exceeds the base number of special needs adoptions for the State for the fiscal year.
(2) Pro rata adjustment if insufficient funds available
For any fiscal year, if the total amount of adoption incentive payments otherwise payable under this section for a fiscal year exceeds the amount appropriated pursuant to subsection (h) of this section for the fiscal year, the amount of the adoption incentive payment payable to each State under this section for the fiscal year shall be—
(A) the amount of the adoption incentive payment that would otherwise be payable to the State under this section for the fiscal year; multiplied by
(B) the percentage represented by the amount so appropriated for the fiscal year, divided by the total amount of adoption incentive payments otherwise payable under this section for the fiscal year.
(e) 2-year availability of incentive payments
Payments to a State under this section in a fiscal year shall remain available for use by the State through the end of the succeeding fiscal year.
(f) Limitations on use of incentive payments
A State shall not expend an amount paid to the State under this section except to provide to children or families any service (including post-adoption services) that may be provided under part B of this subchapter or this part. Amounts expended by a State in accordance with the preceding sentence shall be disregarded in determining State expenditures for purposes of Federal matching payments under
(g) Definitions
As used in this section:
(1) Foster child adoption
The term "foster child adoption" means the final adoption of a child who, at the time of adoptive placement, was in foster care under the supervision of the State.
(2) Special needs adoption
The term "special needs adoption" means the final adoption of a child for whom an adoption assistance agreement is in effect under
(3) Base number of foster child adoptions
The term "base number of foster child adoptions for a State" means—
(A) with respect to fiscal year 1998, the average number of foster child adoptions in the State in fiscal years 1995, 1996, and 1997; and
(B) with respect to any subsequent fiscal year, the number of foster child adoptions in the State in the fiscal year for which the number is the greatest in the period that begins with fiscal year 1997 and ends with the fiscal year preceding such subsequent fiscal year.
(4) Base number of special needs adoptions
The term "base number of special needs adoptions for a State" means—
(A) with respect to fiscal year 1998, the average number of special needs adoptions in the State in fiscal years 1995, 1996, and 1997; and
(B) with respect to any subsequent fiscal year, the number of special needs adoptions in the State in the fiscal year for which the number is the greatest in the period that begins with fiscal year 1997 and ends with the fiscal year preceding such subsequent fiscal year.
(h) Limitations on authorization of appropriations
(1) In general
For grants under subsection (a) of this section, there are authorized to be appropriated to the Secretary—
(A) $20,000,000 for fiscal year 1999;
(B) $43,000,000 for fiscal year 2000; and
(C) $20,000,000 for each of fiscal years 2001 through 2003.
(2) Availability
Amounts appropriated under paragraph (1) are authorized to remain available until expended, but not after fiscal year 2003.
(i) Technical assistance
(1) In general
The Secretary may, directly or through grants or contracts, provide technical assistance to assist States and local communities to reach their targets for increased numbers of adoptions and, to the extent that adoption is not possible, alternative permanent placements, for children in foster care.
(2) Description of the character of the technical assistance
The technical assistance provided under paragraph (1) may support the goal of encouraging more adoptions out of the foster care system, when adoptions promote the best interests of children, and may include the following:
(A) The development of best practice guidelines for expediting termination of parental rights.
(B) Models to encourage the use of concurrent planning.
(C) The development of specialized units and expertise in moving children toward adoption as a permanency goal.
(D) The development of risk assessment tools to facilitate early identification of the children who will be at risk of harm if returned home.
(E) Models to encourage the fast tracking of children who have not attained 1 year of age into pre-adoptive placements.
(F) Development of programs that place children into pre-adoptive families without waiting for termination of parental rights.
(3) Targeting of technical assistance to the courts
Not less than 50 percent of any amount appropriated pursuant to paragraph (4) shall be used to provide technical assistance to the courts.
(4) Limitations on authorization of appropriations
To carry out this subsection, there are authorized to be appropriated to the Secretary of Health and Human Services not to exceed $10,000,000 for each of fiscal years 1998 through 2000.
(j) Supplemental grants
(1) In general
Subject to the availability of such amounts as may be provided in advance in appropriations Acts, in addition to any amount otherwise payable under this section to any State that is an incentive-eligible State for fiscal year 1998, the Secretary shall make a grant to the State in an amount equal to the lesser of—
(A) the amount by which—
(i) the amount that would have been payable to the State under this section during fiscal year 1999 (on the basis of adoptions in fiscal year 1998) in the absence of subsection (d)(2) of this section if sufficient funds had been available for the payment; exceeds
(ii) the amount that, before December 14, 1999, was payable to the State under this section during fiscal year 1999 (on such basis); or
(B) the amount that bears the same ratio to the dollar amount specified in paragraph (2) as the amount described by subparagraph (A) for the State bears to the aggregate of the amounts described by subparagraph (A) for all States that are incentive-eligible States for fiscal year 1998.
(2) Funding
$23,000,000 of the amounts appropriated under subsection (h)(1) of this section for fiscal year 2000 may be used for grants under paragraph (1) of this subsection.
(Aug. 14, 1935, ch. 531, title IV, §473A, as added
References in Text
Part B of this subchapter, referred to in subsec. (f), is classified to
Amendments
1999—Subsec. (h)(1).
Subsec. (j).
1998—Subsec. (c)(2)(B).
Effective Date
Section effective Nov. 19, 1997, except as otherwise provided, with delay permitted if State legislation is required, see section 501 of
§674. Payments to States
(a) Amounts
For each quarter beginning after September 30, 1980, each State which has a plan approved under this part shall be entitled to a payment equal to the sum of—
(1) an amount equal to the Federal medical assistance percentage (as defined in
(2) an amount equal to the Federal medical assistance percentage (as defined in
(3) an amount equal to the sum of the following proportions of the total amounts expended during such quarter as found necessary by the Secretary for the provision of child placement services and for the proper and efficient administration of the State plan—
(A) 75 per centum of so much of such expenditures as are for the training (including both short- and long-term training at educational institutions through grants to such institutions or by direct financial assistance to students enrolled in such institutions) of personnel employed or preparing for employment by the State agency or by the local agency administering the plan in the political subdivision,
(B) 75 percent of so much of such expenditures (including travel and per diem expenses) as are for the short-term training of current or prospective foster or adoptive parents and the members of the staff of State-licensed or State-approved child care institutions providing care to foster and adopted children receiving assistance under this part, in ways that increase the ability of such current or prospective parents, staff members, and institutions to provide support and assistance to foster and adopted children, whether incurred directly by the State or by contract,
(C) 50 percent of so much of such expenditures as are for the planning, design, development, or installation of statewide mechanized data collection and information retrieval systems (including 50 percent of the full amount of expenditures for hardware components for such systems) but only to the extent that such systems—
(i) meet the requirements imposed by regulations promulgated pursuant to
(ii) to the extent practicable, are capable of interfacing with the State data collection system that collects information relating to child abuse and neglect;
(iii) to the extent practicable, have the capability of interfacing with, and retrieving information from, the State data collection system that collects information relating to the eligibility of individuals under part A of this subchapter (for the purposes of facilitating verification of eligibility of foster children); and
(iv) are determined by the Secretary to be likely to provide more efficient, economical, and effective administration of the programs carried out under a State plan approved under part B of this subchapter or this part; and
(D) 50 percent of so much of such expenditures as are for the operation of the statewide mechanized data collection and information retrieval systems referred to in subparagraph (C); and
(E) one-half of the remainder of such expenditures; plus
(4) the lesser of—
(A) 80 percent of the amount (if any) by which—
(i) the total amount expended by the State during the fiscal year in which the quarter occurs to carry out programs in accordance with the State application approved under
(ii) the total amount of any penalties assessed against the State under
(B) the amount allotted to the State under
(b) Quarterly estimates of State's entitlement for next quarter; payments; United States' pro rata share of amounts recovered as overpayment; allowance, disallowance, or deferral of claim
(1) The Secretary shall, prior to the beginning of each quarter, 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 subsection (a) of this section, 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, (B) records showing the number of children in the State receiving assistance under this part, and (C) such other investigation as the Secretary may find necessary.
(2) The Secretary shall then pay to the State, in such installments as he may determine, the amounts 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) The pro rata share to which the United States is equitably entitled, as determined by the Secretary, of the net amount recovered during any quarter by the State or any political subdivision thereof with respect to foster care and adoption assistance furnished under the State plan shall be considered an overpayment to be adjusted under this subsection.
(4)(A) Within 60 days after receipt of a State claim for expenditures pursuant to subsection (a) of this section, the Secretary shall allow, disallow, or defer such claim.
(B) Within 15 days after a decision to defer such a State claim, the Secretary shall notify the State of the reasons for the deferral and of the additional information necessary to determine the allowability of the claim.
(C) Within 90 days after receiving such necessary information (in readily reviewable form), the Secretary shall—
(i) disallow the claim, if able to complete the review and determine that the claim is not allowable, or
(ii) in any other case, allow the claim, subject to disallowance (as necessary)—
(I) upon completion of the review, if it is determined that the claim is not allowable; or
(II) on the basis of findings of an audit or financial management review.
(c) Automated data collection expenditures
The Secretary shall treat as necessary for the proper and efficient administration of the State plan all expenditures of a State necessary in order for the State to plan, design, develop, install, and operate data collection and information retrieval systems described in subsection (a)(3)(C) of this section, without regard to whether the systems may be used with respect to foster or adoptive children other than those on behalf of whom foster care maintenance payments or adoption assistance payments may be made under this part.
(d) Reduction for violation of plan requirement
(1) If, during any quarter of a fiscal year, a State's program operated under this part is found, as a result of a review conducted under
(A) 2 percent of such otherwise payable amount, in the case of the 1st such finding for the fiscal year with respect to the State;
(B) 3 percent of such otherwise payable amount, in the case of the 2nd such finding for the fiscal year with respect to the State; or
(C) 5 percent of such otherwise payable amount, in the case of the 3rd or subsequent such finding for the fiscal year with respect to the State.
In imposing the penalties described in this paragraph, the Secretary shall not reduce any fiscal year payment to a State by more than 5 percent.
(2) Any other entity which is in a State that receives funds under this part and which violates paragraph (18) or (23) of
(3)(A) Any individual who is aggrieved by a violation of
(B) An action under this paragraph may not be brought more than 2 years after the date the alleged violation occurred.
(4) This subsection shall not be construed to affect the application of the Indian Child Welfare Act of 1978 [
(Aug. 14, 1935, ch. 531, title IV, §474, as added
References in Text
Parts A and B of this subchapter, referred to in subsec. (a)(3)(C)(iii), (iv), are classified to sections 601 et seq. and 620 et seq., respectively, of this title.
The Indian Child Welfare Act of 1978, referred to in subsec. (d)(4), is
Amendments
1999—Subsec. (a)(4).
"(A) so much of the amounts expended by such State to carry out programs under
"(B) the lesser of—
"(i) one-half of any additional amounts expended by such State for such programs; or
"(ii) the maximum additional amount for such State under such
1998—Subsec. (a).
Subsec. (d)(1), (2).
Subsec. (e).
"(1) denied or delayed the placement of a child for adoption when an approved family is available outside of the jurisdiction with responsibility for handling the case of the child; or
"(2) failed to grant an opportunity for a fair hearing, as described in
1997—Subsec. (e).
1996—Subsec. (d).
1994—Subsec. (b).
Subsec. (b)(4).
Subsec. (c).
Subsec. (d).
Subsec. (d)(1).
Subsec. (e).
1993—Subsec. (a)(3)(B).
Subsec. (a)(3)(C).
Subsec. (a)(3)(D), (E).
Subsec. (e).
1990—Subsec. (a)(3).
1989—Subsec. (a)(3)(B), (C).
Subsec. (a)(4).
Subsec. (b)(1).
Subsec. (b)(2)(A)(iv).
Subsec. (b)(2)(B).
Subsec. (b)(4)(B).
Subsec. (b)(5)(A).
Subsec. (c)(1), (2).
Subsec. (c)(4)(B), (C).
1987—Subsec. (b)(1), (2)(A)(iii), (B), (4)(B).
Subsec. (b)(5)(A).
Subsec. (c)(1), (2).
1986—Subsec. (a)(3).
Subsec. (a)(4).
Subsec. (b)(1).
Subsec. (b)(2)(A).
Subsec. (b)(2)(B), (4)(B).
Subsec. (b)(5)(A).
Subsec. (c)(1), (2).
1984—Subsec. (b)(1).
Subsec. (b)(2)(A)(v).
Subsec. (b)(2)(B).
Subsec. (b)(4)(A).
Subsec. (b)(4)(B).
Subsec. (b)(5)(A).
Subsec. (b)(5)(A)(ii).
Subsec. (c)(1), (2).
Subsec. (d)(1).
1980—Subsec. (d).
Effective Date of 1998 Amendment
Amendment by section 301(b), (c) of
Effective Date of 1997 Amendment
Amendment by
Effective Date of 1994 Amendment
Section 207(c) of
Section 210(b) of
Effective Date of 1993 Amendment
Section 13713(a)(3) of
Section 13713(b)(2) of
Effective Date of 1990 Amendment
Section 5071(b) of
Effective Date of 1989 Amendment
Section 8001(b) of
Section 8002(e) of
Section 8006(b) of
Amendment by section 10401(a) of
Section 10402(b) of
Section 10403(c)(2) of
Effective Date of 1987 Amendment
Section 9132(b) of
Effective Date of 1984 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§675. Definitions
As used in this part or part B of this subchapter:
(1) The term "case plan" means a written document which includes at least the following:
(A) A description of the type of home or institution in which a child is to be placed, including a discussion of the safety and appropriateness of the placement and how the agency which is responsible for the child plans to carry out the voluntary placement agreement entered into or judicial determination made with respect to the child in accordance with
(B) A plan for assuring that the child receives safe and proper care and that services are provided to the parents, child, and foster parents in order to improve the conditions in the parents' home, facilitate return of the child to his own safe home or the permanent placement of the child, and address the needs of the child while in foster care, including a discussion of the appropriateness of the services that have been provided to the child under the plan.
(C) To the extent available and accessible, the health and education records of the child, including—
(i) the names and addresses of the child's health and educational providers;
(ii) the child's grade level performance;
(iii) the child's school record;
(iv) assurances that the child's placement in foster care takes into account proximity to the school in which the child is enrolled at the time of placement;
(v) a record of the child's immunizations;
(vi) the child's known medical problems;
(vii) the child's medications; and
(viii) any other relevant health and education information concerning the child determined to be appropriate by the State agency.
(D) Where appropriate, for a child age 16 or over, a written description of the programs and services which will help such child prepare for the transition from foster care to independent living.
(E) In the case of a child with respect to whom the permanency plan is adoption or placement in another permanent home, documentation of the steps the agency is taking to find an adoptive family or other permanent living arrangement for the child, to place the child with an adoptive family, a fit and willing relative, a legal guardian, or in another planned permanent living arrangement, and to finalize the adoption or legal guardianship. At a minimum, such documentation shall include child specific recruitment efforts such as the use of State, regional, and national adoption exchanges including electronic exchange systems.
(2) The term "parents" means biological or adoptive parents or legal guardians, as determined by applicable State law.
(3) The term "adoption assistance agreement" means a written agreement, binding on the parties to the agreement, between the State agency, other relevant agencies, and the prospective adoptive parents of a minor child which at a minimum (A) specifies the nature and amount of any payments, services, and assistance to be provided under such agreement, and (B) stipulates that the agreement shall remain in effect regardless of the State of which the adoptive parents are residents at any given time. The agreement shall contain provisions for the protection (under an interstate compact approved by the Secretary or otherwise) of the interests of the child in cases where the adoptive parents and child move to another State while the agreement is effective.
(4)(A) The term "foster care maintenance payments" means payments to cover the cost of (and the cost of providing) food, clothing, shelter, daily supervision, school supplies, a child's personal incidentals, liability insurance with respect to a child, and reasonable travel to the child's home for visitation. In the case of institutional care, such term shall include the reasonable costs of administration and operation of such institution as are necessarily required to provide the items described in the preceding sentence.
(B) In cases where—
(i) a child placed in a foster family home or child-care institution is the parent of a son or daughter who is in the same home or institution, and
(ii) payments described in subparagraph (A) are being made under this part with respect to such child,
the foster care maintenance payments made with respect to such child as otherwise determined under subparagraph (A) shall also include such amounts as may be necessary to cover the cost of the items described in that subparagraph with respect to such son or daughter.
(5) The term "case review system" means a procedure for assuring that—
(A) each child has a case plan designed to achieve placement in a safe setting that is the least restrictive (most family like) and most appropriate setting available and in close proximity to the parents' home, consistent with the best interest and special needs of the child, which—
(i) if the child has been placed in a foster family home or child-care institution a substantial distance from the home of the parents of the child, or in a State different from the State in which such home is located, sets forth the reasons why such placement is in the best interests of the child, and
(ii) if the child has been placed in foster care outside the State in which the home of the parents of the child is located, requires that, periodically, but not less frequently than every 12 months, a caseworker on the staff of the State agency of the State in which the home of the parents of the child is located, or of the State in which the child has been placed, visit such child in such home or institution and submit a report on such visit to the State agency of the State in which the home of the parents of the child is located,
(B) the status of each child is reviewed periodically but no less frequently than once every six months by either a court or by administrative review (as defined in paragraph (6)) in order to determine the safety of the child, the continuing necessity for and appropriateness of the placement, the extent of compliance with the case plan, and the extent of progress which has been made toward alleviating or mitigating the causes necessitating placement in foster care, and to project a likely date by which the child may be returned to and safely maintained in the home or placed for adoption or legal guardianship,
(C) with respect to each such child, procedural safeguards will be applied, among other things, to assure each child in foster care under the supervision of the State of a permanency hearing to be held, in a family or juvenile court or another court (including a tribal court) of competent jurisdiction, or by an administrative body appointed or approved by the court, no later than 12 months after the date the child is considered to have entered foster care (as determined under subparagraph (F)) (and not less frequently than every 12 months thereafter during the continuation of foster care), which hearing shall determine the permanency plan for the child that includes whether, and if applicable when, the child will be returned to the parent, placed for adoption and the State will file a petition for termination of parental rights, or referred for legal guardianship, or (in cases where the State agency has documented to the State court a compelling reason for determining that it would not be in the best interests of the child to return home, be referred for termination of parental rights, or be placed for adoption, with a fit and willing relative, or with a legal guardian) placed in another planned permanent living arrangement and, in the case of a child described in subparagraph (A)(ii), whether the out-of-State placement continues to be appropriate and in the best interests of the child, and, in the case of a child who has attained age 16, the services needed to assist the child to make the transition from foster care to independent living; and procedural safeguards shall also be applied with respect to parental rights pertaining to the removal of the child from the home of his parents, to a change in the child's placement, and to any determination affecting visitation privileges of parents; 1
(D) a child's health and education record (as described in paragraph (1)(A)) is reviewed and updated, and supplied to the foster parent or foster care provider with whom the child is placed, at the time of each placement of the child in foster care; 1
(E) in the case of a child who has been in foster care under the responsibility of the State for 15 of the most recent 22 months, or, if a court of competent jurisdiction has determined a child to be an abandoned infant (as defined under State law) or has made a determination that the parent has committed murder of another child of the parent, committed voluntary manslaughter of another child of the parent, aided or abetted, attempted, conspired, or solicited to commit such a murder or such a voluntary manslaughter, or committed a felony assault that has resulted in serious bodily injury to the child or to another child of the parent, the State shall file a petition to terminate the parental rights of the child's parents (or, if such a petition has been filed by another party, seek to be joined as a party to the petition), and, concurrently, to identify, recruit, process, and approve a qualified family for an adoption, unless—
(i) at the option of the State, the child is being cared for by a relative;
(ii) a State agency has documented in the case plan (which shall be available for court review) a compelling reason for determining that filing such a petition would not be in the best interests of the child; or
(iii) the State has not provided to the family of the child, consistent with the time period in the State case plan, such services as the State deems necessary for the safe return of the child to the child's home, if reasonable efforts of the type described in
(F) a child shall be considered to have entered foster care on the earlier of—
(i) the date of the first judicial finding that the child has been subjected to child abuse or neglect; or
(ii) the date that is 60 days after the date on which the child is removed from the home; 1 and
(G) the foster parents (if any) of a child and any preadoptive parent or relative providing care for the child are provided with notice of, and an opportunity to be heard in, any review or hearing to be held with respect to the child, except that this subparagraph shall not be construed to require that any foster parent, preadoptive parent, or relative providing care for the child be made a party to such a review or hearing solely on the basis of such notice and opportunity to be heard.
(6) The term "administrative review" means a review open to the participation of the parents of the child, conducted by a panel of appropriate persons at least one of whom is not responsible for the case management of, or the delivery of services to, either the child or the parents who are the subject of the review.
(7) The term "legal guardianship" means a judicially created relationship between child and caretaker which is intended to be permanent and self-sustaining as evidenced by the transfer to the caretaker of the following parental rights with respect to the child: protection, education, care and control of the person, custody of the person, and decisionmaking. The term "legal guardian" means the caretaker in such a relationship.
(Aug. 14, 1935, ch. 531, title IV, §475, as added and amended
References in Text
Part B of this subchapter, referred to in text, is classified to
Amendments
1997—Par. (1).
Par. (1)(A).
Par. (1)(B).
Par. (1)(D).
Par. (1)(E).
Par. (5)(A).
Par. (5)(B).
Par. (5)(C).
Par. (5)(E).
Par. (5)(F).
Par. (5)(G).
Par. (7).
1994—Par. (5)(A).
Par. (5)(C).
Par. (5)(D).
1989—Par. (1).
Par. (5)(D).
1988—Par. (5)(C).
1987—Par. (4).
1986—Par. (1).
Par. (3).
1980—Par. (1).
Effective Date of 1997 Amendment
Amendment by
Effective Date of 1994 Amendment
Section 206(c) of
Section 209(d) of
Amendment by section 265(c) of
Effective Date of 1989 Amendment
Section 8007(c) of
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1986 Amendments
Amendment by
Amendment by section 12305(b)(2) of
Effective Date of 1980 Amendment
Section 101(a)(4)(A) of
Amendment by section 102(a)(4) of
Construction
Section 103(d) of
Transition Rules; New and Current Foster Children
Section 103(c) of
"(1)
"(A) if the State comes into compliance with the amendments made by subsection (a) of this section [amending this section] before the child has been in such foster care for 15 of the most recent 22 months, the State shall comply with section 475(5)(E) of the Social Security Act [par. (5)(E) of this section] with respect to the child when the child has been in such foster care for 15 of the most recent 22 months; and
"(B) if the State comes into such compliance after the child has been in such foster care for 15 of the most recent 22 months, the State shall comply with such section 475(5)(E) with respect to the child not later than 3 months after the end of the first regular session of the State legislature that begins after such date of enactment.
"(2)
"(A) not later than 6 months after the end of the first regular session of the State legislature that begins after such date of enactment, comply with section 475(5)(E) of the Social Security Act with respect to not less than 1/3 of such children as the State shall select, giving priority to children for whom the permanency plan (within the meaning of part E of title IV of the Social Security Act [this part]) is adoption and children who have been in foster care for the greatest length of time;
"(B) not later than 12 months after the end of such first regular session, comply with such section 475(5)(E) with respect to not less than 2/3 of such children as the State shall select; and
"(C) not later than 18 months after the end of such first regular session, comply with such section 475(5)(E) with respect to all of such children.
"(3)
"(4)
Section Referred to in Other Sections
This section is referred to in
1 So in original. The semicolon probably should be a comma.
§676. Administration
(a) Technical assistance to States
The Secretary may provide technical assistance to the States to assist them to develop the programs authorized under this part and shall periodically (1) evaluate the programs authorized under this part and part B of this subchapter and (2) collect and publish data pertaining to the incidence and characteristics of foster care and adoptions in this country.
(b) Data collection and evaluation
Each State shall submit statistical reports as the Secretary may require with respect to children for whom payments are made under this part containing information with respect to such children including legal status, demographic characteristics, location, and length of any stay in foster care.
(Aug. 14, 1935, ch. 531, title IV, §476, as added
References in Text
Part B of this subchapter, referred to in subsec. (a), is classified to
Section Referred to in Other Sections
This section is referred to in
§677. John H. Chafee Foster Care Independence Program
(a) Purpose
The purpose of this section is to provide States with flexible funding that will enable programs to be designed and conducted—
(1) to identify children who are likely to remain in foster care until 18 years of age and to help these children make the transition to self-sufficiency by providing services such as assistance in obtaining a high school diploma, career exploration, vocational training, job placement and retention, training in daily living skills, training in budgeting and financial management skills, substance abuse prevention, and preventive health activities (including smoking avoidance, nutrition education, and pregnancy prevention);
(2) to help children who are likely to remain in foster care until 18 years of age receive the education, training, and services necessary to obtain employment;
(3) to help children who are likely to remain in foster care until 18 years of age prepare for and enter postsecondary training and education institutions;
(4) to provide personal and emotional support to children aging out of foster care, through mentors and the promotion of interactions with dedicated adults; and
(5) to provide financial, housing, counseling, employment, education, and other appropriate support and services to former foster care recipients between 18 and 21 years of age to complement their own efforts to achieve self-sufficiency and to assure that program participants recognize and accept their personal responsibility for preparing for and then making the transition from adolescence to adulthood.
(b) Applications
(1) In general
A State may apply for funds from its allotment under subsection (c) of this section for a period of five consecutive fiscal years by submitting to the Secretary, in writing, a plan that meets the requirements of paragraph (2) and the certifications required by paragraph (3) with respect to the plan.
(2) State plan
A plan meets the requirements of this paragraph if the plan specifies which State agency or agencies will administer, supervise, or oversee the programs carried out under the plan, and describes how the State intends to do the following:
(A) Design and deliver programs to achieve the purposes of this section.
(B) Ensure that all political subdivisions in the State are served by the program, though not necessarily in a uniform manner.
(C) Ensure that the programs serve children of various ages and at various stages of achieving independence.
(D) Involve the public and private sectors in helping adolescents in foster care achieve independence.
(E) Use objective criteria for determining eligibility for benefits and services under the programs, and for ensuring fair and equitable treatment of benefit recipients.
(F) Cooperate in national evaluations of the effects of the programs in achieving the purposes of this section.
(3) Certifications
The certifications required by this paragraph with respect to a plan are the following:
(A) A certification by the chief executive officer of the State that the State will provide assistance and services to children who have left foster care because they have attained 18 years of age, and who have not attained 21 years of age.
(B) A certification by the chief executive officer of the State that not more than 30 percent of the amounts paid to the State from its allotment under subsection (c) of this section for a fiscal year will be expended for room or board for children who have left foster care because they have attained 18 years of age, and who have not attained 21 years of age.
(C) A certification by the chief executive officer of the State that none of the amounts paid to the State from its allotment under subsection (c) of this section will be expended for room or board for any child who has not attained 18 years of age.
(D) A certification by the chief executive officer of the State that the State will use training funds provided under the program of Federal payments for foster care and adoption assistance to provide training to help foster parents, adoptive parents, workers in group homes, and case managers understand and address the issues confronting adolescents preparing for independent living, and will, to the extent possible, coordinate such training with the independent living program conducted for adolescents.
(E) A certification by the chief executive officer of the State that the State has consulted widely with public and private organizations in developing the plan and that the State has given all interested members of the public at least 30 days to submit comments on the plan.
(F) A certification by the chief executive officer of the State that the State will make every effort to coordinate the State programs receiving funds provided from an allotment made to the State under subsection (c) of this section with other Federal and State programs for youth (especially transitional living youth projects funded under part B of title III of the Juvenile Justice and Delinquency Prevention Act of 1974 [
(G) A certification by the chief executive officer of the State that each Indian tribe in the State has been consulted about the programs to be carried out under the plan; that there have been efforts to coordinate the programs with such tribes; and that benefits and services under the programs will be made available to Indian children in the State on the same basis as to other children in the State.
(H) A certification by the chief executive officer of the State that the State will ensure that adolescents participating in the program under this section participate directly in designing their own program activities that prepare them for independent living and that the adolescents accept personal responsibility for living up to their part of the program.
(I) A certification by the chief executive officer of the State that the State has established and will enforce standards and procedures to prevent fraud and abuse in the programs carried out under the plan.
(4) Approval
The Secretary shall approve an application submitted by a State pursuant to paragraph (1) for a period if—
(A) the application is submitted on or before June 30 of the calendar year in which such period begins; and
(B) the Secretary finds that the application contains the material required by paragraph (1).
(5) Authority to implement certain amendments; notification
A State with an application approved under paragraph (4) may implement any amendment to the plan contained in the application if the application, incorporating the amendment, would be approvable under paragraph (4). Within 30 days after a State implements any such amendment, the State shall notify the Secretary of the amendment.
(6) Availability
The State shall make available to the public any application submitted by the State pursuant to paragraph (1), and a brief summary of the plan contained in the application.
(c) Allotments to States
(1) In general
From the amount specified in subsection (h) of this section that remains after applying subsection (g)(2) of this section for a fiscal year, the Secretary shall allot to each State with an application approved under subsection (b) of this section for the fiscal year the amount which bears the same ratio to such remaining amount as the number of children in foster care under a program of the State in the most recent fiscal year for which such information is available bears to the total number of children in foster care in all States for such most recent fiscal year, as adjusted in accordance with paragraph (2).
(2) Hold harmless provision
(A) In general
The Secretary shall allot to each State whose allotment for a fiscal year under paragraph (1) is less than the greater of $500,000 or the amount payable to the State under this section for fiscal year 1998, an additional amount equal to the difference between such allotment and such greater amount.
(B) Ratable reduction of certain allotments
In the case of a State not described in subparagraph (A) of this paragraph for a fiscal year, the Secretary shall reduce the amount allotted to the State for the fiscal year under paragraph (1) by the amount that bears the same ratio to the sum of the differences determined under subparagraph (A) of this paragraph for the fiscal year as the excess of the amount so allotted over the greater of $500,000 or the amount payable to the State under this section for fiscal year 1998 bears to the sum of such excess amounts determined for all such States.
(d) Use of funds
(1) In general
A State to which an amount is paid from its allotment under subsection (c) of this section may use the amount in any manner that is reasonably calculated to accomplish the purposes of this section.
(2) No supplantation of other funds available for same general purposes
The amounts paid to a State from its allotment under subsection (c) of this section shall be used to supplement and not supplant any other funds which are available for the same general purposes in the State.
(3) Two-year availability of funds
Payments made to a State under this section for a fiscal year shall be expended by the State in the fiscal year or in the succeeding fiscal year.
(e) Penalties
(1) Use of grant in violation of this part
If the Secretary is made aware, by an audit conducted under
(2) Failure to comply with data reporting requirement
The Secretary shall assess a penalty against a State that fails during a fiscal year to comply with an information collection plan implemented under subsection (f) of this section in an amount equal to not less than 1 percent and not more than 5 percent of the amount allotted to the State for the fiscal year.
(3) Penalties based on degree of noncompliance
The Secretary shall assess penalties under this subsection based on the degree of noncompliance.
(f) Data collection and performance measurement
(1) In general
The Secretary, in consultation with State and local public officials responsible for administering independent living and other child welfare programs, child welfare advocates, Members of Congress, youth service providers, and researchers, shall—
(A) develop outcome measures (including measures of educational attainment, high school diploma, employment, avoidance of dependency, homelessness, nonmarital childbirth, incarceration, and high-risk behaviors) that can be used to assess the performance of States in operating independent living programs;
(B) identify data elements needed to track—
(i) the number and characteristics of children receiving services under this section;
(ii) the type and quantity of services being provided; and
(iii) State performance on the outcome measures; and
(C) develop and implement a plan to collect the needed information beginning with the second fiscal year beginning after December 14, 1999.
(2) Report to the Congress
Within 12 months after December 14, 1999, the Secretary shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report detailing the plans and timetable for collecting from the States the information described in paragraph (1) and a proposal to impose penalties consistent with paragraph (e)(2) on States that do not report data.
(g) Evaluations
(1) In general
The Secretary shall conduct evaluations of such State programs funded under this section as the Secretary deems to be innovative or of potential national significance. The evaluation of any such program shall include information on the effects of the program on education, employment, and personal development. To the maximum extent practicable, the evaluations shall be based on rigorous scientific standards including random assignment to treatment and control groups. The Secretary is encouraged to work directly with State and local governments to design methods for conducting the evaluations, directly or by grant, contract, or cooperative agreement.
(2) Funding of evaluations
The Secretary shall reserve 1.5 percent of the amount specified in subsection (h) of this section for a fiscal year to carry out, during the fiscal year, evaluation, technical assistance, performance measurement, and data collection activities related to this section, directly or through grants, contracts, or cooperative agreements with appropriate entities.
(h) Limitations on authorization of appropriations
To carry out this section and for payments to States under
(Aug. 14, 1935, ch. 531, title IV, §477, as added
References in Text
The Juvenile Justice and Delinquency Prevention Act of 1974, referred to in subsec. (b)(3)(F), is
Codification
December 14, 1999, referred to in subsec. (f), was in the original "the date of the enactment of this section" which was translated as meaning the date of enactment of
Amendments
1999—
1997—Subsec. (a)(2)(A).
1993—Subsec. (a)(1).
Subsec. (c).
Subsec. (e)(1)(A).
Subsec. (e)(1)(B).
Subsec. (e)(1)(C)(ii)(II).
1990—Subsec. (a)(2)(C).
1989—Subsec. (a)(1).
Subsec. (c).
Subsec. (e)(1).
1988—Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(2)(C).
Subsec. (c).
Subsec. (e)(1).
Subsec. (e)(3).
Subsec. (f).
Subsec. (g)(1).
Subsec. (g)(2).
"(A) Not later than July 1, 1988, the Secretary shall submit an interim report on the activities carried out under this section.
"(B) Not later than March 1, 1989,"
for "Not later than July 1, 1988," and substituted "fiscal years 1987 and 1988" for "fiscal year 1987" in subpar. (B).
Effective Date of 1997 Amendment
Amendment by
Effective Date of 1993 Amendment
Section 13714(b) of
Effective Date of 1990 Amendment
Section 5073(b) of
Effective Date of 1989 Amendment
Amendment by
Effective Date of 1988 Amendment
Section 8104(g) of
"(1) The amendments made by subsections (a), (b), and (e) [amending this section and
"(2) The amendments made by subsections (c), (d), and (f) [amending this section] shall take effect on the date of the enactment of this Act [Nov. 10, 1988]."
Regulations
Findings
"(1) States are required to make reasonable efforts to find adoptive families for all children, including older children, for whom reunification with their biological family is not in the best interests of the child. However, some older children will continue to live in foster care. These children should be enrolled in an Independent Living program designed and conducted by State and local government to help prepare them for employment, postsecondary education, and successful management of adult responsibilities.
"(2) Older children who continue to be in foster care as adolescents may become eligible for Independent Living programs. These Independent Living programs are not an alternative to adoption for these children. Enrollment in Independent Living programs can occur concurrent with continued efforts to locate and achieve placement in adoptive families for older children in foster care.
"(3) About 20,000 adolescents leave the Nation's foster care system each year because they have reached 18 years of age and are expected to support themselves.
"(4) Congress has received extensive information that adolescents leaving foster care have significant difficulty making a successful transition to adulthood; this information shows that children aging out of foster care show high rates of homelessness, non-marital childbearing, poverty, and delinquent or criminal behavior; they are also frequently the target of crime and physical assaults.
"(5) The Nation's State and local governments, with financial support from the Federal Government, should offer an extensive program of education, training, employment, and financial support for young adults leaving foster care, with participation in such program beginning several years before high school graduation and continuing, as needed, until the young adults emancipated from foster care establish independence or reach 21 years of age."
Study and Report Evaluating Effectiveness of Programs
Section 8002(d) of
"(1)
"(2)
Section Referred to in Other Sections
This section is referred to in
§678. Rule of construction
Nothing in this part shall be construed as precluding State courts from exercising their discretion to protect the health and safety of children in individual cases, including cases other than those described in
(Aug. 14, 1935, ch. 531, title IV, §478, as added
Prior Provisions
A prior section 678, act Aug. 14, 1935, ch. 531, title IV, §478, as added Oct. 22, 1986,
Effective Date
Section effective Nov. 19, 1997, except as otherwise provided, with delay permitted if State legislation is required, see section 501 of
§679. Collection of data relating to adoption and foster care
(a) Advisory Committee on Adoption and Foster Care Information
(1) Not later than 90 days after October 21, 1986, the Secretary shall establish an Advisory Committee on Adoption and Foster Care Information (in this section referred to as the "Advisory Committee") to study the various methods of establishing, administering, and financing a system for the collection of data with respect to adoption and foster care in the United States.
(2) The study required by paragraph (1) shall—
(A) identify the types of data necessary to—
(i) assess (on a continuing basis) the incidence, characteristics, and status of adoption and foster care in the United States, and
(ii) develop appropriate national policies with respect to adoption and foster care;
(B) evaluate the feasibility and appropriateness of collecting data with respect to privately arranged adoptions and adoptions arranged through private agencies without assistance from public child welfare agencies;
(C) assess the validity of various methods of collecting data with respect to adoption and foster care; and
(D) evaluate the financial and administrative impact of implementing each such method.
(3) Not later than October 1, 1987, the Advisory Committee shall submit to the Secretary and the Congress a report setting forth the results of the study required by paragraph (1) and evaluating and making recommendations with respect to the various methods of establishing, administering, and financing a system for the collection of data with respect to adoption and foster care in the United States.
(4)(A) Subject to subparagraph (B), the membership and organization of the Advisory Committee shall be determined by the Secretary.
(B) The membership of the Advisory Committee shall include representatives of—
(i) private, nonprofit organizations with an interest in child welfare (including organizations that provide foster care and adoption services),
(ii) organizations representing State and local governmental agencies with responsibility for foster care and adoption services,
(iii) organizations representing State and local governmental agencies with responsibility for the collection of health and social statistics,
(iv) organizations representing State and local judicial bodies with jurisdiction over family law,
(v) Federal agencies responsible for the collection of health and social statistics, and
(vi) organizations and agencies involved with privately arranged or international adoptions.
(5) After the date of the submission of the report required by paragraph (3), the Advisory Committee shall cease to exist.
(b) Report to Congress; regulations
(1)(A) Not later than July 1, 1988, the Secretary shall submit to the Congress a report that—
(i) proposes a method of establishing, administering, and financing a system for the collection of data relating to adoption and foster care in the United States,
(ii) evaluates the feasibility and appropriateness of collecting data with respect to privately arranged adoptions and adoptions arranged through private agencies without assistance from public child welfare agencies, and
(iii) evaluates the impact of the system proposed under clause (i) on the agencies with responsibility for implementing it.
(B) The report required by subparagraph (A) shall—
(i) specify any changes in law that will be necessary to implement the system proposed under subparagraph (A)(i), and
(ii) describe the type of system that will be implemented under paragraph (2) in the absence of such changes.
(2) Not later than December 31, 1988, the Secretary shall promulgate final regulations providing for the implementation of—
(A) the system proposed under paragraph (1)(A)(i), or
(B) if the changes in law specified pursuant to paragraph (1)(B)(i) have not been enacted, the system described in paragraph (1)(B)(ii).
Such regulations shall provide for the full implementation of the system not later than October 1, 1991.
(c) Data collection system
Any data collection system developed and implemented under this section shall—
(1) avoid unnecessary diversion of resources from agencies responsible for adoption and foster care;
(2) assure that any data that is collected is reliable and consistent over time and among jurisdictions through the use of uniform definitions and methodologies;
(3) provide comprehensive national information with respect to—
(A) the demographic characteristics of adoptive and foster children and their biological and adoptive or foster parents,
(B) the status of the foster care population (including the number of children in foster care, length of placement, type of placement, availability for adoption, and goals for ending or continuing foster care),
(C) the number and characteristics of—
(i) children placed in or removed from foster care,
(ii) children adopted or with respect to whom adoptions have been terminated, and
(iii) children placed in foster care outside the State which has placement and care responsibility, and
(D) the extent and nature of assistance provided by Federal, State, and local adoption and foster care programs and the characteristics of the children with respect to whom such assistance is provided; and
(4) utilize appropriate requirements and incentives to ensure that the system functions reliably throughout the United States.
(Aug. 14, 1935, ch. 531, title IV, §479, as added
Amendments
1994—Subsec. (c)(3)(C)(iii).
Effective Date of 1994 Amendment
Amendment by
Termination of Advisory Committees
Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 14 of
Section Referred to in Other Sections
This section is referred to in
§679a. National Adoption Information Clearinghouse
The Secretary of Health and Human Services shall establish, either directly or by grant or contract, a National Adoption Information Clearinghouse. The Clearinghouse shall—
(1) collect, compile, and maintain information obtained from available research, studies, and reports by public and private agencies, institutions, or individuals concerning all aspects of infant adoption and adoption of children with special needs;
(2) compile, maintain, and periodically revise directories of information concerning—
(A) crisis pregnancy centers,
(B) shelters and residences for pregnant women,
(C) training programs on adoption,
(D) educational programs on adoption,
(E) licensed adoption agencies,
(F) State laws relating to adoption,
(G) intercountry adoption, and
(H) any other information relating to adoption for pregnant women, infertile couples, adoptive parents, unmarried individuals who want to adopt children, individuals who have been adopted, birth parents who have placed a child for adoption, adoption agencies, social workers, counselors, or other individuals who work in the adoption field;
(3) disseminate the information compiled and maintained pursuant to paragraph (1) and the directories compiled and maintained pursuant to paragraph (2); and
(4) upon the establishment of an adoption and foster care data collection system pursuant to
(
Codification
Section was enacted as part of the Medicare and Medicaid Budget Reconciliation Amendments of 1985 and also as part of the Omnibus Budget Reconciliation Act of 1986, and not as part of the Social Security Act which comprises this chapter.
§679b. Annual report
The Secretary, in consultation with Governors, State legislatures, State and local public officials responsible for administering child welfare programs, and child welfare advocates, shall—
(1) develop a set of outcome measures (including length of stay in foster care, number of foster care placements, and number of adoptions) that can be used to assess the performance of States in operating child protection and child welfare programs pursuant to part B of this subchapter and this part to ensure the safety of children;
(2) to the maximum extent possible, the outcome measures should be developed from data available from the Adoption and Foster Care Analysis and Reporting System;
(3) develop a system for rating the performance of States with respect to the outcome measures, and provide to the States an explanation of the rating system and how scores are determined under the rating system;
(4) prescribe such regulations as may be necessary to ensure that States provide to the Secretary the data necessary to determine State performance with respect to each outcome measure, as a condition of the State receiving funds under this part; and
(5) on May 1, 1999, and annually thereafter, prepare and submit to the Congress a report on the performance of each State on each outcome measure, which shall examine the reasons for high performance and low performance and, where possible, make recommendations as to how State performance could be improved.
(Aug. 14, 1935, ch. 531, title IV, §479A, as added
References in Text
Part B of this subchapter, referred to in par. (1), is classified to
Effective Date
Section effective Nov. 19, 1997, except as otherwise provided, with delay permitted if State legislation is required, see section 501 of
Development of Performance-Based Incentive System
Section 203(b) of
Part F—Job Opportunities and Basic Skills Training Program
§§681 to 687. Repealed. Pub. L. 104–193, title I, §108(e), Aug. 22, 1996, 110 Stat. 2167
Section 681, act Aug. 14, 1935, ch. 531, title IV, §481, as added Oct. 13, 1988,
Section 682, act Aug. 14, 1935, ch. 531, title IV, §482, as added Oct. 13, 1988,
Section 683, act Aug. 14, 1935, ch. 531, title IV, §483, as added Oct. 13, 1988,
Section 684, act Aug. 14, 1935, ch. 531, title IV, §484, as added Oct. 13, 1988,
Section 685, act Aug. 14, 1935, ch. 531, title IV, §485, as added Oct. 13, 1988,
Section 686, act Aug. 14, 1935, ch. 531, title IV, §486, as added Oct. 13, 1988,
Section 687, act Aug. 14, 1935, ch. 531, title IV, §487, as added Oct. 13, 1988,
Effective Date of Repeal
Repeal 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