§ 652. — Duties of Secretary.
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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 42USC652]
TITLE 42--THE PUBLIC HEALTH AND WELFARE
CHAPTER 7--SOCIAL SECURITY
SUBCHAPTER IV--GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES
WITH CHILDREN AND FOR CHILD-WELFARE SERVICES
Part D--Child Support and Establishment of Paternity
Sec. 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 section 654(15)(B) of this title on State
program accomplishments with respect to performance indicators for
purposes of subsection (g) of this section and section 658a of this
title;
(B) review annual reports submitted pursuant to section
654(15)(A) of this title and, as appropriate, provide to the State
comments, recommendations for additional or alternative corrective
actions, and technical assistance; and
(C) conduct audits, in accordance with the Government auditing
standards of the Comptroller General of the United States--
(i) at least once every 3 years (or more frequently, in the
case of a State which fails to meet the requirements of this
part concerning performance standards and reliability of program
data) to assess the completeness, reliability, and security of
the data and the accuracy of the reporting systems used in
calculating performance indicators under subsection (g) of this
section and section 658a of this title;
(ii) of the adequacy of financial management of the State
program operated under the State plan approved under this part,
including assessments of--
(I) whether Federal and other funds made available to
carry out the State program are being appropriately
expended, and are properly and fully accounted for; and
(II) whether collections and disbursements of support
payments are carried out correctly and are fully accounted
for; and
(iii) for such other purposes as the Secretary may find
necessary;
(5) assist States in establishing adequate reporting procedures
and maintain records of the operations of programs established
pursuant to this part in each State, and establish procedures to be
followed by States for collecting and reporting information required
to be provided under this part, and establish uniform definitions
(including those necessary to enable the measurement of State
compliance with the requirements of this part relating to expedited
processes) to be applied in following such procedures;
(6) maintain records of all amounts collected and disbursed
under programs established pursuant to the provisions of this part
and of the costs incurred in collecting such amounts;
(7) provide technical assistance to the States to help them
establish effective systems for collecting child and spousal support
and establishing paternity, and specify the minimum requirements of
an affidavit to be used for the voluntary acknowledgment of
paternity which shall include the social security number of each
parent and, after consultation with the States, other common
elements as determined by such designee;
(8) receive applications from States for permission to utilize
the courts of the United States to enforce court orders for support
against noncustodial parents and, upon a finding that (A) another
State has not undertaken to enforce the court order of the
originating State against the noncustodial parent within a
reasonable time, and (B) that utilization of the Federal courts is
the only reasonable method of enforcing such order, approve such
applications;
(9) operate the Federal Parent Locator Service established by
section 653 of this title;
(10) not later than three months after the end of each fiscal
year, beginning with the year 1977, submit to the Congress a full
and complete report on all activities undertaken pursuant to the
provisions of this part, which report shall include, but not be
limited to, the following:
(A) total program costs and collections set forth in
sufficient detail to show the cost to the States and the Federal
Government, the distribution of collections to families, State
and local governmental units, and the Federal Government; and an
identification of the financial impact of the provisions of this
part, including--
(i) the total amount of child support payments collected
as a result of services furnished during the fiscal year to
individuals receiving services under this part;
(ii) the cost to the States and to the Federal
Government of so furnishing the services; and
(iii) the number of cases involving families--
(I) who became ineligible for assistance under State
programs funded under part A of this subchapter during a
month in the fiscal year; and
(II) with respect to whom a child support payment
was received in the month;
(B) costs and staff associated with the Office of Child
Support Enforcement;
(C) the following data, separately stated for cases where
the child is receiving assistance under a State program funded
under part A of this subchapter (or foster care maintenance
payments under part E of this subchapter), or formerly received
such assistance or payments and the State is continuing to
collect support assigned to it pursuant to section 608(a)(3) of
this title or under section 671(a)(17) or 1396k of this title,
and for all other cases under this part:
(i) the total number of cases in which a support
obligation has been established in the fiscal year for which
the report is submitted;
(ii) the total number of cases in which a support
obligation has been established;
(iii) the number of cases in which support was collected
during the fiscal year;
(iv) the total amount of support collected during such
fiscal year and distributed as current support;
(v) the total amount of support collected during such
fiscal year and distributed as arrearages;
(vi) the total amount of support due and unpaid for all
fiscal years; and
(vii) the number of child support cases filed in each
State in such fiscal year, and the amount of the collections
made in each State in such fiscal year, on behalf of
children residing in another State or against parents
residing in another State;
(D) the status of all State plans under this part as of the
end of the fiscal year last ending before the report is
submitted, together with an explanation of any problems which
are delaying or preventing approval of State plans under this
part;
(E) data, by State, on the use of the Federal Parent Locator
Service, and the number of locate requests submitted without the
noncustodial parent's social security account number;
(F) the number of cases, by State, in which an applicant for
or recipient of assistance under a State program funded under
part A of this subchapter has refused to cooperate in
identifying and locating the noncustodial parent and the number
of cases in which refusal so to cooperate is based on good cause
(as determined by the State);
(G) data, by State, on use of the Internal Revenue Service
for collections, the number of court orders on which collections
were made, the number of paternity determinations made and the
number of parents located, in sufficient detail to show the cost
and benefits to the States and to the Federal Government;
(H) the major problems encountered which have delayed or
prevented implementation of the provisions of this part during
the fiscal year last ending prior to the submission of such
report; and
(I) compliance, by State, with the standards established
pursuant to subsections (h) and (i) of this section; and
(11) not later than October 1, 1996, after consulting with the
State directors of programs under this part, promulgate forms to be
used by States in interstate cases for--
(A) collection of child support through income withholding;
(B) imposition of liens; and
(C) administrative subpoenas.
(b) Certification of child support obligations to Secretary of the
Treasury for collection
The Secretary shall, upon the request of any State having in effect
a State plan approved under this part, certify to the Secretary of the
Treasury for collection pursuant to the provisions of section 6305 of
the Internal Revenue Code of 1986 the amount of any child support
obligation (including any support obligation with respect to the parent
who is living with the child and receiving assistance under the State
program funded under part A of this subchapter) which is assigned to
such State or is undertaken to be collected by such State pursuant to
section 654(4) of this title. No amount may be certified for collection
under this subsection except the amount of the delinquency under a court
or administrative order for support and upon a showing by the State that
such State has made diligent and reasonable efforts to collect such
amounts utilizing its own collection mechanisms, and upon an agreement
that the State will reimburse the Secretary of the Treasury for any
costs involved in making the collection. All reimbursements shall be
credited to the appropriation accounts which bore all or part of the
costs involved in making the collections. The Secretary after
consultation with the Secretary of the Treasury may, by regulation,
establish criteria for accepting amounts for collection and for making
certification under this subsection including imposing such limitations
on the frequency of making such certifications under this subsection.
(c) Payment of child support collections to States
The Secretary of the Treasury shall from time to time pay to each
State for distribution in accordance with the provisions of section 657
of this title the amount of each collection made on behalf of such State
pursuant to subsection (b) of this section.
(d) Child support management information system
(1) Except as provided in paragraph (3), the Secretary shall not
approve the initial and annually updated advance automated data
processing planning document, referred to in section 654(16) of this
title, unless he finds that such document, when implemented, will
generally carry out the objectives of the management system referred to
in such subsection, and such document--
(A) provides for the conduct of, and reflects the results of,
requirements analysis studies, which include consideration of the
program mission, functions, organization, services, constraints, and
current support, of, in, or relating to, such system,
(B) contains a description of the proposed management system
referred to in section 654(16) of this title, including a
description of information flows, input data, and output reports and
uses,
(C) sets forth the security and interface requirements to be
employed in such management system,
(D) describes the projected resource requirements for staff and
other needs, and the resources available or expected to be available
to meet such requirements,
(E) contains an implementation plan and backup procedures to
handle possible failures,
(F) contains a summary of proposed improvement of such
management system in terms of qualitative and quantitative benefits,
and
(G) provides such other information as the Secretary determines
under regulation is necessary.
(2)(A) The Secretary shall through the separate organizational unit
established pursuant to subsection (a) of this section, on a continuing
basis, review, assess, and inspect the planning, design, and operation
of, management information systems referred to in section 654(16) of
this title, with a view to determining whether, and to what extent, such
systems meet and continue to meet requirements imposed under paragraph
(1) and the conditions specified under section 654(16) of this title.
(B) If the Secretary finds with respect to any statewide management
information system referred to in section 654(16) of this title that
there is a failure substantially to comply with criteria, requirements,
and other undertakings, prescribed by the advance automated data
processing planning document theretofore approved by the Secretary with
respect to such system, then the Secretary shall suspend his approval of
such document until there is no longer any such failure of such system
to comply with such criteria, requirements, and other undertakings so
prescribed.
(3) The Secretary may waive any requirement of paragraph (1) or any
condition specified under section 654(16) of this title, and shall waive
the single statewide system requirement under sections 654(16) and 654a
of this title, with respect to a State if--
(A) the State demonstrates to the satisfaction of the Secretary
that the State has or can develop an alternative system or systems
that enable the State--
(i) for purposes of section 609(a)(8) of this title, to
achieve the paternity establishment percentages (as defined in
subsection (g)(2) of this section) and other performance
measures that may be established by the Secretary;
(ii) to submit data under section 654(15)(B) of this title
that is complete and reliable;
(iii) to substantially comply with the requirements of this
part; and
(iv) in the case of a request to waive the single statewide
system requirement, to--
(I) meet all functional requirements of sections 654(16)
and 654a of this title;
(II) ensure that calculation of distributions meets the
requirements of section 657 of this title and accounts for
distributions to children in different families or in
different States or sub-State jurisdictions, and for
distributions to other States;
(III) ensure that there is only one point of contact in
the State which provides seamless case processing for all
interstate case processing and coordinated, automated
intrastate case management;
(IV) ensure that standardized data elements, forms, and
definitions are used throughout the State;
(V) complete the alternative system in no more time than
it would take to complete a single statewide system that
meets such requirement; and
(VI) process child support cases as quickly,
efficiently, and effectively as such cases would be
processed through a single statewide system that meets such
requirement;
(B)(i) the waiver meets the criteria of paragraphs (1), (2), and
(3) of section 1315(c) of this title; or
(ii) the State provides assurances to the Secretary that steps
will be taken to otherwise improve the State's child support
enforcement program; and
(C) in the case of a request to waive the single statewide
system requirement, the State has submitted to the Secretary
separate estimates of the total cost of a single statewide system
that meets such requirement, and of any such alternative system or
systems, which shall include estimates of the cost of developing and
completing the system and of operating and maintaining the system
for 5 years, and the Secretary has agreed with the estimates.
(e) Technical assistance to States
The Secretary shall provide such technical assistance to States as
he determines necessary to assist States to plan, design, develop, or
install and provide for the security of, the management information
systems referred to in section 654(16) of this title.
(f) Regulations
The Secretary shall issue regulations to require that State agencies
administering the child support enforcement program under this part
include medical support as part of any child support order and enforce
medical support whenever health care coverage is available to the
noncustodial parent at a reasonable cost. Such regulation shall also
provide for improved information exchange between such State agencies
and the State agencies administering the State medicaid programs under
subchapter XIX of this chapter with respect to the availability of
health insurance coverage.
(g) Performance standards for State paternity establishment programs
(1) A State's program under this part shall be found, for purposes
of section 609(a)(8) of this title, not to have complied substantially
with the requirements of this part unless, for any fiscal year beginning
on or after October 1, 1994, its paternity establishment percentage for
such fiscal year is based on reliable data and (rounded to the nearest
whole percentage point) equals or exceeds--
(A) 90 percent;
(B) for a State with a paternity establishment percentage of not
less than 75 percent but less than 90 percent for such fiscal year,
the paternity establishment percentage of the State for the
immediately preceding fiscal year plus 2 percentage points;
(C) for a State with a paternity establishment percentage of not
less than 50 percent but less than 75 percent for such fiscal year,
the paternity establishment percentage of the State for the
immediately preceding fiscal year plus 3 percentage points;
(D) for a State with a paternity establishment percentage of not
less than 45 percent but less than 50 percent for such fiscal year,
the paternity establishment percentage of the State for the
immediately preceding fiscal year plus 4 percentage points;
(E) for a State with a paternity establishment percentage of not
less than 40 percent but less than 45 percent for such fiscal year,
the paternity establishment percentage of the State for the
immediately preceding fiscal year plus 5 percentage points; or
(F) for a State with a paternity establishment percentage of
less than 40 percent for such fiscal year, the paternity
establishment percentage of the State for the immediately preceding
fiscal year plus 6 percentage points.
In determining compliance under this section, a State may use as its
paternity establishment percentage either the State's IV-D paternity
establishment percentage (as defined in paragraph (2)(A)) or the State's
statewide paternity establishment percentage (as defined in paragraph
(2)(B)).
(2) For purposes of this section--
(A) the term ``IV-D paternity establishment percentage'' means,
with respect to a State for a fiscal year, the ratio (expressed as a
percentage) that the total number of children--
(i) who have been born out of wedlock,
(ii)(I) except as provided in the last sentence of this
paragraph, with respect to whom assistance is being provided
under the State program funded under part A of this subchapter
in the fiscal year or, at the option of the State, as of the end
of such year, or (II) with respect to whom services are being
provided under the State's plan approved under this part in the
fiscal year or, at the option of the State, as of the end of
such year pursuant to an application submitted under section
654(4)(A)(ii) of this title, and
(iii) the paternity of whom has been established or
acknowledged,
bears to the total number of children born out of wedlock and
(except as provided in such last sentence) with respect to whom
assistance was being provided under the State program funded under
part A of this subchapter as of the end of the preceding fiscal year
or with respect to whom services were being provided under the
State's plan approved under this part as of the end of the preceding
fiscal year pursuant to an application submitted under section
654(4)(A)(ii) of this title;
(B) the term ``statewide paternity establishment percentage''
means, with respect to a State for a fiscal year, the ratio
(expressed as a percentage) that the total number of minor
children--
(i) who have been born out of wedlock, and
(ii) the paternity of whom has been established or
acknowledged during the fiscal year,
bears to the total number of children born out of wedlock during the
preceding fiscal year; and
(C) the term ``reliable data'' means the most recent data
available which are found by the Secretary to be reliable for
purposes of this section.
For purposes of subparagraphs (A) and (B), the total number of children
shall not include any child with respect to whom assistance is being
provided under the State program funded under part A of this subchapter
by reason of the death of a parent unless paternity is established for
such child or any child with respect to whom an applicant or recipient
is found by the State to qualify for a good cause or other exception to
cooperation pursuant to section 654(29) of this title.
(3)(A) The Secretary may modify the requirements of this subsection
to take into account such additional variables as the Secretary
identifies (including the percentage of children in a State who are born
out of wedlock or for whom support has not been established) that affect
the ability of a State to meet the requirements of this subsection.
(B) The Secretary shall submit an annual report to the Congress that
sets forth the data upon which the paternity establishment percentages
for States for a fiscal year are based, lists any additional variables
the Secretary has identified under subparagraph (A), and describes State
performance in establishing paternity.
(h) Prompt State response to requests for child support assistance
The standards required by subsection (a)(1) of this section shall
include standards establishing time limits governing the period or
periods within which a State must accept and respond to requests (from
States, jurisdictions thereof, or individuals who apply for services
furnished by the State agency under this part or with respect to whom an
assignment pursuant to section 608(a)(3) of this title is in effect) for
assistance in establishing and enforcing support orders, including
requests to locate noncustodial parents, establish paternity, and
initiate proceedings to establish and collect child support awards.
(i) Prompt State distribution of amounts collected as child support
The standards required by subsection (a)(1) of this section shall
include standards establishing time limits governing the period or
periods within which a State must distribute, in accordance with section
657 of this title, amounts collected as child support pursuant to the
State's plan approved under this part.
(j) Training of Federal and State staff, research and demonstration
programs, and special projects of regional or national
significance
Out of any money in the Treasury of the United States not otherwise
appropriated, there is hereby appropriated to the Secretary for each
fiscal year an amount equal to 1 percent of the total amount paid to the
Federal Government pursuant to a plan approved under this part during
the immediately preceding fiscal year (as determined on the basis of the
most recent reliable data available to the Secretary as of the end of
the third calendar quarter following the end of such preceding fiscal
year), which shall be available for use by the Secretary, either
directly or through grants, contracts, or interagency agreements, for--
(1) information dissemination and technical assistance to
States, training of State and Federal staff, staffing studies, and
related activities needed to improve programs under this part
(including technical assistance concerning State automated systems
required by this part); and
(2) research, demonstration, and special projects of regional or
national significance relating to the operation of State programs
under this part.
The amount appropriated under this subsection shall remain available
until expended.
(k) Denial of passports for nonpayment of child support
(1) If the Secretary receives a certification by a State agency in
accordance with the requirements of section 654(31) of this title that
an individual owes arrearages of child support in an amount exceeding
$5,000, the Secretary shall transmit such certification to the Secretary
of State for action (with respect to denial, revocation, or limitation
of passports) pursuant to paragraph (2).
(2) The Secretary of State shall, upon certification by the
Secretary transmitted under paragraph (1), refuse to issue a passport to
such individual, and may revoke, restrict, or limit a passport issued
previously to such individual.
(3) The Secretary and the Secretary of State shall not be liable to
an individual for any action with respect to a certification by a State
agency under this section.
(l) Facilitation of agreements between State agencies and financial
institutions
The Secretary, through the Federal Parent Locator Service, may aid
State agencies providing services under State programs operated pursuant
to this part and financial institutions doing business in two or more
States in reaching agreements regarding the receipt from such
institutions, and the transfer to the State agencies, of information
that may be provided pursuant to section 666(a)(17)(A)(i) of this title,
except that any State that, as of July 16, 1998, is conducting data
matches pursuant to section 666(a)(17)(A)(i) of this title shall have
until January 1, 2000, to allow the Secretary to obtain such information
from such institutions that are operating in the State. For purposes of
section 3413(d) of title 12, a disclosure pursuant to this subsection
shall be considered a disclosure pursuant to a Federal statute.
(Aug. 14, 1935, ch. 531, title IV, Sec. 452, as added Pub. L. 93-647,
Sec. 101(a), Jan. 4, 1975, 88 Stat. 2351; amended Pub. L. 95-30, title
V, Sec. 504(a), May 23, 1977, 91 Stat. 163; Pub. L. 96-265, title IV,
Secs. 402(a), 405(c), (d), June 9, 1980, 94 Stat. 462, 464, 465; Pub. L.
96-272, title III, Sec. 301(b), June 17, 1980, 94 Stat. 527; Pub. L. 97-
35, title XXIII, Sec. 2332(b), Aug. 13, 1981, 95 Stat. 861; Pub. L. 97-
248, title I, Sec. 175(a)(1), Sept. 3, 1982, 96 Stat. 403; Pub. L. 98-
369, div. B, title VI, Sec. 2663(c)(12), (j)(2)(B)(viii), July 18, 1984,
98 Stat. 1166, 1170; Pub. L. 98-378, Secs. 4(b), 9(a)(1), 13(a), (b),
16, Aug. 16, 1984, 98 Stat. 1312, 1316, 1319, 1321; Pub. L. 99-514,
Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100-203, title IX,
Sec. 9143(a), Dec. 22, 1987, 101 Stat. 1330-322; Pub. L. 100-485, title
I, Secs. 111(a), 121(a), 122(a), 123(b), (d), Oct. 13, 1988, 102 Stat.
2348, 2351-2353; Pub. L. 101-239, title X, Sec. 10403(a)(1)(B)(i), Dec.
19, 1989, 103 Stat. 2487; Pub. L. 103-66, title XIII, Sec. 13721(a),
Aug. 10, 1993, 107 Stat. 658; Pub. L. 103-432, title II, Sec. 213, Oct.
31, 1994, 108 Stat. 4461; Pub. L. 104-35, Sec. 1(b), Oct. 12, 1995, 109
Stat. 294; Pub. L. 104-193, title I, Sec. 108(c)(2)-(9), title III,
Secs. 301(c)(1), (2), 316(e)(1), 324(a), 331(b), 341(b), formerly
341(c), 342(b), 343(a), 345(a), 346(a), 370(a)(1), 395(d)(1)(B), Aug.
22, 1996, 110 Stat. 2165, 2200, 2215, 2223, 2230, 2232-2234, 2237, 2238,
2251, 2259; Pub. L. 104-208, div. A, title I, Sec. 101(e) [title II,
Sec. 215], Sept. 30, 1996, 110 Stat. 3009-233, 3009-255; Pub. L. 105-33,
title V, Secs. 5513(a)(1), (2), 5540, 5541(a), 5556(c), Aug. 5, 1997,
111 Stat. 619, 630, 637; Pub. L. 105-200, title I, Sec. 102(a), title
II, Sec. 201(e)(1)(A), title IV, Secs. 401(c)(2), 406(b), 407(b), July
16, 1998, 112 Stat. 647, 657, 662, 671, 672; Pub. L. 106-169, title IV,
Sec. 401(f), Dec. 14, 1999, 113 Stat. 1858.)
References in Text
Parts A and E of this subchapter, referred to in subsecs. (a)(10),
(b), and (g)(2), are classified to sections 601 et seq. and 670 et seq.
of this title.
The Internal Revenue Code of 1986, referred to in subsec. (b), is
classified generally to Title 26, Internal Revenue Code.
Codification
Subsec. (a)(4)(A) and (C)(i) are set out in this supplement to
update translations appearing in main edition.
Amendments
1999--Subsec. (a)(7). Pub. L. 106-169 substituted ``social
security'' for ``Social Security''.
1998--Subsec. (a)(10)(H) to (J). Pub. L. 105-200, Sec. 407(b),
inserted ``and'' at end of subpar. (H), redesignated subpar. (J) as (I),
and struck out former subpar. (I) which read as follows: ``the amount of
administrative costs which are expended in each functional category of
expenditures, including establishment of paternity; and''.
Subsec. (d)(3). Pub. L. 105-200, Sec. 102(a), amended par. (3)
generally. Prior to amendment, par. (3) read as follows: ``The Secretary
may waive any requirement of paragraph (1) or any condition specified
under section 654(16) of this title with respect to a State if--
``(A) the State demonstrates to the satisfaction of the
Secretary that the State has an alternative system or systems that
enable the State, for purposes of section 609(a)(8) of this title,
to achieve the paternity establishment percentages (as defined under
subsection (g)(2) of this section) and other performance measures
that may be established by the Secretary, and to submit data under
section 654(15)(B) of this title that is complete and reliable, and
to substantially comply with the requirements of this part; and
``(B)(i) the waiver meets the criteria of paragraphs (1), (2),
and (3) of section 1315(b) of this title, or
``(ii) the State provides assurances to the Secretary that steps
will be taken to otherwise improve the State's child support
enforcement program.''
Subsec. (f). Pub. L. 105-200, Sec. 401(c)(2), substituted
``include'' for ``petition for the inclusion of'' and inserted ``and
enforce medical support'' before ``whenever''.
Subsec. (g). Pub. L. 105-200, Sec. 201(e)(1)(A), amended Pub. L.
104-193, Sec. 341. See 1996 Amendment notes below.
Subsec. (l). Pub. L. 105-200, Sec. 406(b), added subsec. (l).
1997--Subsec. (d)(3)(A). Pub. L. 105-33, Sec. 5513(a)(1)(A),
substituted ``section 609(a)(8) of this title, to achieve the paternity
establishment percentages (as defined under subsection (g)(2) of this
section) and other performance measures that may be established by the
Secretary, and to submit data under section 654(15)(B) of this title
that is complete and reliable, and to substantially comply with the
requirements of this part; and'' for ``section 603(h) of this title, to
be in substantial compliance with other requirements of this part;
and''.
Subsec. (g)(1). Pub. L. 105-33, Sec. 5513(a)(1)(B), substituted
``section 609(a)(8)'' for ``section 603(h)'' in introductory provisions.
Subsec. (g)(2). Pub. L. 105-33, Sec. 5513(a)(2), made technical
amendment to directory language of Pub. L. 104-193, Sec. 108(c)(8). See
1996 Amendment note below.
Pub. L. 105-33, Sec. 5540, substituted ``subparagraphs (A) and (B)''
for ``subparagraph (A)'' in concluding provisions.
Subsec. (j). Pub. L. 105-33, Sec. 5556(c), amended Pub. L. 104-208,
Sec. 101(e) [title II, Sec. 215], generally. See 1996 Amendment note
below.
Pub. L. 105-33, Sec. 5541(a), substituted ``which shall be available
for use by the Secretary, either directly or through grants, contracts,
or interagency agreements,'' for ``to cover costs incurred by the
Secretary'' in introductory provisions.
1996--Subsec. (a)(1). Pub. L. 104-193, Sec. 395(d)(1)(B),
substituted ``noncustodial'' for ``absent'' in two places.
Subsec. (a)(4). Pub. L. 104-193, Sec. 342(b), amended par. (4)
generally. Prior to amendment, par. (4) read as follows: ``evaluate the
implementation of State programs established pursuant to such plan,
conduct such audits of State programs established under the plan
approved under this part as may be necessary to assure their conformity
with the requirements of this part, and, not less often than once every
three years (or not less often than annually in the case of any State to
which a reduction is being applied under section 603(h)(1) of this
title, or which is operating under a corrective action plan in
accordance with section 603(h)(2) of this title), conduct a complete
audit of the programs established under such plan in each State and
determine for the purposes of the penalty provision of section 603(h) of
this title whether the actual operation of such programs in each State
conforms to the requirements of this part;''.
Subsec. (a)(5). Pub. L. 104-193, Sec. 343(a), inserted before
semicolon at end ``, and establish procedures to be followed by States
for collecting and reporting information required to be provided under
this part, and establish uniform definitions (including those necessary
to enable the measurement of State compliance with the requirements of
this part relating to expedited processes) to be applied in following
such procedures''.
Subsec. (a)(7). Pub. L. 104-193, Sec. 331(b), inserted before
semicolon at end ``, and specify the minimum requirements of an
affidavit to be used for the voluntary acknowledgment of paternity which
shall include the Social Security number of each parent and, after
consultation with the States, other common elements as determined by
such designee''.
Subsec. (a)(8). Pub. L. 104-193, Sec. 395(d)(1)(B), substituted
``noncustodial'' for ``absent'' in two places.
Subsec. (a)(9). Pub. L. 104-193, Sec. 316(e)(1), inserted
``Federal'' before ``Parent''.
Subsec. (a)(10). Pub. L. 104-193, Sec. 346(a)(5), struck out closing
provisions which read as follows: ``The information contained in any
such report under subparagraph (A) shall specifically include (i) the
total amount of child support payments collected as a result of services
furnished during the fiscal year involved to individuals under section
654(6) of this title, (ii) the cost to the States and to the Federal
Government of furnishing such services to those individuals, and (iii)
the extent to which the furnishing of such services was successful in
providing sufficient support to those individuals to assure that they
did not require assistance under the State plan approved under part A of
this subchapter.''
Subsec. (a)(10)(A). Pub. L. 104-193, Sec. 346(a)(1)(A), substituted
``this part, including--'' for ``this part;''.
Subsec. (a)(10)(A)(i) to (iii). Pub. L. 104-193, Sec. 346(a)(1)(B),
added cls. (i) to (iii).
Subsec. (a)(10)(C). Pub. L. 104-193, Sec. 346(a)(2)(A), in
introductory provisions, substituted ``separately stated for cases'' for
``with the data required under each clause being separately stated for
cases'', ``or formerly received'' for ``cases where the child was
formerly receiving'', ``671(a)(17) or 1396k of this title'' for
``671(a)(17) of this title'', and ``for all other cases under this
part'' for ``all other cases under this part''.
Pub. L. 104-193, Sec. 108(c)(2), in introductory provisions,
substituted ``assistance under a State program funded under part A of
this subchapter'' for ``aid to families with dependent children'',
``such assistance or payments'' for ``such aid or payments'', and
``pursuant to section 608(a)(3) of this title or under section'' for
``under section 602(a)(26) or''.
Subsec. (a)(10)(C)(i), (ii). Pub. L. 104-193, Sec. 346(a)(2)(B),
struck out ``, and the total amount of such obligations'' before
semicolon at end.
Subsec. (a)(10)(C)(iii). Pub. L. 104-193, Sec. 346(a)(2)(C),
substituted ``in which support was collected during the fiscal year''
for ``described in clause (i) in which support was collected during such
fiscal year, and the total amount of such collections''.
Subsec. (a)(10)(C)(iv) to (vii). Pub. L. 104-193, Sec. 346(a)(2)(D),
(E), added cls. (iv) to (vi), redesignated former cl. (v) as (vii), and
struck out former cl. (iv) which read as follows: ``the number of cases
described in clause (ii) in which support was collected during such
fiscal year, and the total amount of such collections; and''.
Subsec. (a)(10)(E). Pub. L. 104-193, Sec. 395(d)(1)(B), substituted
``noncustodial'' for ``absent''.
Subsec. (a)(10)(F). Pub. L. 104-193, Sec. 395(d)(1)(B), substituted
``noncustodial'' for ``absent''.
Pub. L. 104-193, Sec. 108(c)(3), substituted ``assistance under a
State program funded under part A of this subchapter'' for ``aid under a
State plan approved under part A of this subchapter'' and ``(as
determined by the State)'' for ``(as determined in accordance with the
standards referred to in section 602(a)(26)(B)(ii) of this title)''.
Subsec. (a)(10)(G). Pub. L. 104-193, Sec. 346(a)(3), struck out ``on
the use of Federal courts and'' before ``on use of the Internal Revenue
Service''.
Subsec. (a)(10)(J). Pub. L. 104-193, Sec. 346(a)(4), added subpar.
(J).
Subsec. (a)(11). Pub. L. 104-193, Sec. 324(a), added par. (11).
Subsec. (b). Pub. L. 104-193, Sec. 301(c)(1), substituted ``654(4)''
for ``654(6)''.
Pub. L. 104-193, Sec. 108(c)(4), substituted ``assistance under the
State program funded under part A'' for ``aid under the State plan
approved under part A''.
Subsec. (d)(3)(B)(i). Pub. L. 104-193, Sec. 108(c)(5), substituted
``1315(b)'' for ``1315(c)''.
Subsec. (f). Pub. L. 104-193, Sec. 395(d)(1)(B), substituted
``noncustodial'' for ``absent''.
Subsec. (g)(1). Pub. L. 104-193, Sec. 341(b)(2)(B), formerly
Sec. 341(c)(2)(B), as redesignated by Pub. L. 105-200,
Sec. 201(e)(1)(A), inserted as closing provisions ``In determining
compliance under this section, a State may use as its paternity
establishment percentage either the State's IV-D paternity establishment
percentage (as defined in paragraph (2)(A)) or the State's statewide
paternity establishment percentage (as defined in paragraph (2)(B)).''
Subsec. (g)(1)(A). Pub. L. 104-193, Sec. 341(b)(1), formerly
Sec. 341(c)(1), as redesignated by Pub. L. 105-200, Sec. 201(e)(1)(A),
substituted ``90'' for ``75''.
Subsec. (g)(1)(B) to (F). Pub. L. 104-193, Sec. 341(b)(2)(A),
formerly Sec. 341(c)(2)(A), as redesignated by Pub. L. 105-200,
Sec. 201(e)(1)(A), added subpar. (B) and redesignated former subpars.
(B) to (E) as (C) to (F), respectively.
Subsec. (g)(2). Pub. L. 104-193, Sec. 108(c)(8), as amended by Pub.
L. 105-33, Sec. 5513(a)(2), in closing provisions, substituted ``with
respect to whom assistance is being provided under the State program
funded under part A of this subchapter'' for ``who is a dependent
child'' and ``found by the State to qualify for a good cause or other
exception to cooperation pursuant to section 654(29) of this title'' for
``found to have good cause for refusing to cooperate under section
602(a)(26) of this title or any child with respect to whom the State
agency administering the plan under part E of this subchapter determines
(as provided in section 654(4)(B) of this title) that it is against the
best interests of such child to do so''.
Subsec. (g)(2)(A). Pub. L. 104-193, Sec. 341(b)(3)(A), formerly
Sec. 341(c)(3)(A), as redesignated by Pub. L. 105-200,
Sec. 201(e)(1)(A), in introductory provisions, substituted `` `IV-D
paternity establishment percentage' '' for `` `paternity establishment
percentage' '' and struck out ``(or all States, as the case may be)''
after ``with respect to a State'', and, in closing provisions, struck
out ``and'' at end.
Pub. L. 104-193, Sec. 301(c)(2), substituted ``654(4)(A)(ii)'' for
``654(6)'' in cl. (ii)(I) and in closing provisions.
Pub. L. 104-193, Sec. 108(c)(7), in concluding provisions,
substituted ``assistance was being provided under the State program
funded under part A'' for ``aid was being paid under the State's plan
approved under part A or E''.
Subsec. (g)(2)(A)(ii)(I). Pub. L. 104-193, Sec. 108(c)(6),
substituted ``assistance is being provided under the State program
funded under part A'' for ``aid is being paid under the State's plan
approved under part A or E''.
Subsec. (g)(2)(B), (C). Pub. L. 104-193, Sec. 341(b)(3)(B), formerly
Sec. 341(c)(3)(B), as redesignated by Pub. L. 105-200,
Sec. 201(e)(1)(A), added subpar. (B) and redesignated former subpar. (B)
as (C).
Subsec. (g)(3)(A). Pub. L. 104-193, Sec. 341(b)(4)(B), formerly
Sec. 341(c)(4)(B), as redesignated by Pub. L. 105-200,
Sec. 201(e)(1)(A), substituted ``the percentage of children in a State
who are born out of wedlock or for whom support has not been
established'' for ``the percentage of children born out-of-wedlock in a
State''.
Pub. L. 104-193, Sec. 341(b)(4)(A), formerly Sec. 341(c)(4)(A), as
redesignated by Pub. L. 105-200, Sec. 201(e)(1)(A), redesignated subpar.
(B) as (A) and struck out former subpar. (A) which read as follows:
``The requirements of this subsection are in addition to and shall not
supplant any other requirement (that is not inconsistent with such
requirements) established in regulations by the Secretary for the
purpose of determining (for purposes of section 603(h) of this title)
whether the program of a State operated under this part shall be treated
as complying substantially with the requirements of this part.''
Subsec. (g)(3)(B), (C). Pub. L. 104-193, Sec. 341(b)(4)(A), formerly
Sec. 341(c)(4)(A), as redesignated by Pub. L. 105-200,
Sec. 201(e)(1)(A), redesignated subpars. (B) and (C) as (A) and (B),
respectively.
Subsec. (h). Pub. L. 104-193, Sec. 395(d)(1)(B), substituted
``noncustodial'' for ``absent''.
Pub. L. 104-193, Sec. 108(c)(9), substituted ``pursuant to section
608(a)(3)'' for ``under section 602(a)(26)''.
Subsec. (j). Pub. L. 104-208, title I, Sec. 101(e) [title II,
Sec. 215], as amended by Pub. L. 105-33, Sec. 5556(c), substituted ``a
plan approved under this part'' for ``section 657(a) of this title''.
Pub. L. 104-193, Sec. 345(a), added subsec. (j).
Subsec. (k). Pub. L. 104-193, Sec. 370(a)(1), added subsec. (k).
1995--Subsecs. (d)(1)(B), (2)(A), (B), (e). Pub. L. 104-35
substituted ``in section 654(16)'' for ``in section 655(a)(1)(B)''.
1994--Subsec. (g)(2)(A). Pub. L. 103-432, Sec. 213(5), in closing
provisions, substituted ``born out of wedlock'' for ``who were born out
of wedlock during the immediately preceding fiscal year'', substituted
``the preceding fiscal year'' for ``such preceding fiscal year'' in two
places, and struck out ``or E'' after ``under this part''.
Subsec. (g)(2)(A)(i). Pub. L. 103-432, Sec. 213(1), struck out
``during the fiscal year'' after ``wedlock''.
Subsec. (g)(2)(A)(ii)(I). Pub. L. 103-432, Sec. 213(2), substituted
``in the fiscal year or, at the option of the State, as of the end of
such year'' for ``as of the end of the fiscal year''.
Subsec. (g)(2)(A)(ii)(II). Pub. L. 103-432, Sec. 213(3), substituted
``in the fiscal year or, at the option of the State, as of the end of
such year'' for ``or E as of the end of the fiscal year''.
Subsec. (g)(2)(A)(iii). Pub. L. 103-432, Sec. 213(4), struck out
``during the fiscal year'' after ``acknowledged''.
1993--Subsec. (g)(1). Pub. L. 103-66, Sec. 13721(a)(1)(A)-(C),
substituted ``1994'' for ``1991'' and inserted ``is based on reliable
data and (rounded to the nearest whole percentage point)'' before
``equals''.
Subsec. (g)(1)(A) to (E). Pub. L. 103-66, Sec. 13721(a)(1)(D), added
subpars. (A) to (E) and struck out former subpars. (A) to (C) which read
as follows:
``(A) 50 percent;
``(B) the paternity establishment percentage of the State for the
fiscal year 1988, increased by the applicable number of percentage
points; or
``(C) the paternity establishment percentage determined with respect
to all States for such fiscal year.''
Subsec. (g)(2). Pub. L. 103-66, Sec. 13721(a)(2)(C), (D), in
concluding provisions, inserted ``unless paternity is established for
such child'' after ``the death of a parent'' and ``or any child with
respect to whom the State agency administering the plan under part E of
this subchapter determines (as provided in section 654(4)(B) of this
title) that it is against the best interests of such child to do so''
after ``cooperate under section 602(a)(26) of this title''.
Subsec. (g)(2)(A). Pub. L. 103-66, Sec. 13721(a)(2)(A), in cl. (i),
inserted before comma ``during the fiscal year'', in cl. (ii)(I),
substituted ``part A or E of this subchapter as of the end of the'' for
``part A of this subchapter (or under all such plans) for such'', in cl.
(ii)(II), substituted ``this part or E as of the end of the'' for ``this
part (or under all such plans) for the'', in cl. (iii), inserted before
comma ``or acknowledged during the fiscal year'', and in concluding
provisions, substituted ``children who were born out of wedlock during
the immediately preceding fiscal year and'' for ``children who have been
born out of wedlock and'', ``aid was being paid'' for ``aid is being
paid'', ``part A or E of this subchapter as of the end of such preceding
fiscal'' for ``part A of this subchapter (or under all such plans) for
such fiscal'', ``services were being'' for ``services are being'', and
``this part or E as of the end of such preceding fiscal'' for ``this
part (or under all such plans) for the fiscal''.
Subsec. (g)(2)(B). Pub. L. 103-66, Sec. 13721(a)(2)(B), added
subpar. (B) and struck out former subpar. (B) which read as follows:
``the applicable number of percentage points means, with respect to a
fiscal year (beginning with the fiscal year 1991), 3 percentage points
multiplied by the number of fiscal years after the fiscal year 1989 and
before the beginning of such fiscal year.''
1989--Subsec. (d)(2)(B). Pub. L. 101-239 substituted ``automated
data'' for ``automatic data''.
1988--Subsec. (d)(1). Pub. L. 100-485, Sec. 123(b)(1), substituted
``Except as provided in paragraph (3), the'' for ``The''.
Pub. L. 100-485, Sec. 123(d), substituted ``automated'' for
``automatic''.
Subsec. (d)(3). Pub. L. 100-485, Sec. 123(b)(2), added par. (3).
Subsec. (g). Pub. L. 100-485, Sec. 111(a), added subsec. (g).
Subsec. (h). Pub. L. 100-485, Sec. 121(a), added subsec. (h).
Subsec. (i). Pub. L. 100-485, Sec. 122(a), added subsec. (i).
1987--Subsec. (c). Pub. L. 100-203 amended subsec. (c) generally.
Prior to amendment, subsec. (c) read as follows:
``(1) There is hereby established in the Treasury a revolving fund
which shall be available to the Secretary without fiscal year
limitation, to enable him to pay to the States for distribution in
accordance with the provisions of section 657 of this title such amounts
as may be collected and paid (subject to paragraph (2)) into such fund
under section 6305 of the Internal Revenue Code of 1986.
``(2) There is hereby appropriated to the fund, out of any moneys in
the Treasury not otherwise appropriated, amounts equal to the amounts
collected under section 6305 the Internal Revenue Code of 1986, reduced
by the amounts credited or refunded as overpayments of the amounts so
collected. The amounts appropriated by the preceding sentence shall be
transferred at least quarterly from the general fund of the Treasury to
the fund on the basis of estimates made by the Secretary of the
Treasury. Proper adjustments shall be made in the amounts subsequently
transferred to the extent prior estimates were in excess of or less than
the amounts required to be transferred.''
1986--Subsecs. (b), (c). Pub. L. 99-514 substituted ``Internal
Revenue Code of 1986'' for ``Internal Revenue Code of 1954'' wherever
appearing.
1984--Subsec. (a). Pub. L. 98-369, Sec. 2663(j)(2)(B)(viii),
substituted ``Health and Human Services'' for ``Health, Education, and
Welfare'' in provisions preceding par. (1).
Subsec. (a)(4). Pub. L. 98-378, Sec. 9(a)(1), substituted ``not less
often than once every three years (or not less often than annually in
the case of any State to which a reduction is being applied under
section 603(h)(1) of this title, or which is operating under a
corrective action plan in accordance with section 603(h)(2) of this
title)'' for ``not less often than annually''.
Subsec. (a)(10)(C). Pub. L. 98-378, Sec. 13(a), amended subpar. (C)
generally to include the reporting of additional aspects of child
support enforcement. Prior to amendment, subpar. (C) read as follows:
``the number of child support cases (with separate identification of the
number in which collection of spousal support was involved) in each
State during each quarter of the fiscal year last ending before the
report is submitted and during each quarter of the preceding fiscal year
(including the transitional period beginning July 1, 1976, and ending
September 30, 1976, in the case of the first report to which this
subparagraph applies), and the disposition of such cases;''.
Subsec. (a)(10)(I). Pub. L. 98-378, Sec. 13(b), added subpar. (I).
Subsec. (c)(2). Pub. L. 98-369, Sec. 2663(c)(12), substituted
``preceding sentence'' for ``preceding section''.
Subsecs. (d)(1)(B), (2)(A), (B), (e). Pub. L. 98-378, Sec. 4(b),
substituted ``655(a)(1)(B) of this title'' for ``655(a)(3) of this
title''.
Subsec. (f). Pub. L. 98-378, Sec. 16, added subsec. (f).
1982--Subsec. (b). Pub. L. 97-248 substituted provisions that the
Secretary shall, upon the request of a State having in effect a State
plan approved under this part, certify to the Secretary of the Treasury
for collection pursuant to the provisions of section 6305 of the
Internal Revenue Code of 1954 the amount of any child support obligation
(including any support obligation with respect to the parent who is
living with the child and receiving aid under the State plan approved
under part A of this subchapter) which is assigned to such State or is
undertaken to be collected by such State pursuant to section 654(6) of
this title for provisions that the Secretary would, upon the request of
any State having in effect a State plan approved under this part,
certify the amount of any child support obligation assigned to such
State, including any support obligation with respect to the parent who
is living with the child and receiving aid under the State plan approved
under part A of this subchapter (or undertaken to be collected by such
State pursuant to section 654(6) of this title) to the Secretary of the
Treasury for collection pursuant to the provisions of section 6305 of
the Internal Revenue Code of 1954.
1981--Subsec. (a)(1). Pub. L. 97-35, Sec. 2332(b)(1)(A), inserted
``and support for the spouse (or former spouse) with whom the absent
parent's child is living''.
Subsec. (a)(7). Pub. L. 97-35, Sec. 2332(b)(1)(B), substituted
``child and spousal support'' for ``child support''.
Subsec. (a)(10)(C). Pub. L. 97-35, Sec. 2332(b)(1)(C), inserted
``(with separate identification of the number in which collection of
spousal support was involved)''.
Subsec. (b). Pub. L. 97-35, Sec. 2332(b)(2), inserted ``, including
any support obligation with respect to the parent who is living with the
child and receiving aid under the State plan approved under part A of
this subchapter,'' and provision that all reimbursements be credited to
the appropriation accounts which bore all or part of the costs involved
in making the collections and substituting ``court or administrative
order'' for ``court order'' and ``reimburse the Secretary of the
Treasury'' for ``reimburse the United States''.
1980--Subsec. (a)(10). Pub. L. 96-272 inserted provisions following
subpar. (H) setting out certain required information to be contained in
reports under subpar. (A).
Subsec. (b). Pub. L. 96-265, Sec. 402(a), inserted ``(or undertaken
to be collected by such State pursuant to section 654(6) of this
title)'' after ``assigned to such State''.
Subsecs. (d), (e). Pub. L. 96-265, Sec. 405(c), (d), added subsecs.
(d) and (e).
1977--Subsec. (a)(10). Pub. L. 95-30 substituted ``not later than
three months after the end of each fiscal year, beginning with the year
1977, submit to the Congress a full and complete report on all
activities undertaken pursuant to the provisions of this part, which
report shall include, but not be limited to, the following'' for ``not
later than June 30 of each year beginning after December 31, 1975,
submit to the Congress a report on all activities undertaken pursuant to
the provisions of this part'', substituted a colon for a period at end
of provisions thus substituted, and added subpars. (A) to (H).
Effective Date of 1999 Amendment
Amendment by Pub. L. 106-169 effective as if included in the
enactment of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, Pub. L. 104-193, see section 401(q) of Pub.
L. 106-169, set out as a note under section 602 of this title.
Effective Date of 1998 Amendment
Pub. L. 105-200, title II, Sec. 201(e)(2), July 16, 1998, 112 Stat.
657, provided that: ``The amendments made by this subsection [amending
this section and section 658 of this title, amending provisions set out
as notes under this section and section 658 of this title, and repealing
provisions set out as a note under section 658 of this title] shall take
effect as if included in the enactment of section 341 of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 [Pub. L.
104-193].''
Pub. L. 105-200, title IV, Sec. 401(c)(3), July 16, 1998, 112 Stat.
662, as amended by Pub. L. 105-306, Sec. 4(b)(1), Oct. 28, 1998, 112
Stat. 2927, provided that: ``The amendments made by this subsection
[amending this section and section 666 of this title] shall be effective
with respect to periods beginning on or after the later of--
``(A) October 1, 2001; or
``(B) the effective date of laws enacted by the legislature of
such State implementing such amendments,
but in no event later than the first day of the first calendar quarter
beginning after the close of the first regular session of the State
legislature that begins after the date specified in subparagraph (A).
For purposes of the preceding sentence, in the case of a State that has
a 2-year legislative session, each year of such session shall be deemed
to be a separate regular session of the State legislature.''
[Pub. L. 105-306, Sec. 4(b)(2), Oct. 28, 1998, 112 Stat. 2927,
provided that: ``The amendment made by paragraph (1) of this subsection
[amending section 401(c)(3) of Pub. L. 105-200, set out above] shall
take effect as if included in the enactment of section 401(c)(3) of the
Child Support Performance and Incentive Act of 1998 [Pub. L. 105-
200].'']
Pub. L. 105-200, title IV, Sec. 407(c), July 16, 1998, 112 Stat.
672, provided that: ``The amendments made by this section [amending this
section and section 669 of this title] shall apply to information
maintained with respect to fiscal year 1995 or any succeeding fiscal
year.''
Effective Date of 1997 Amendment
Section 5518(b) of Pub. L. 105-33 provided that: ``The amendments
made by section 5513 of this Act [amending this section and sections
656, 664, 672, and 673 of this title] shall take effect as if the
amendments had been included in section 108 of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 [Pub. L.
104-193] at the time such section 108 became law.''
Amendment by sections 5540, 5541(a), and 5556(c) of Pub. L. 105-33
effective as if included in the enactment of title III of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L.
104-193, see section 5557 of Pub. L. 105-33, set out as a note under
section 608 of this title.
Effective Date of 1996 Amendments
Section 101(e) [title II, Sec. 215] of div. A of Pub. L. 104-208, as
amended by Pub. L. 105-33, title V, Sec. 5556(c), Aug. 5, 1997, 111
Stat. 637, provided in part that: ``Amounts available under such
sections 452(j) [subsec. (j) of this section] and 453(o) [section 653(o)
of this title] shall be calculated as though the amendments made by this
section were effective October 1, 1995.''
Amendment by section 108(c)(2)-(9) of Pub. L. 104-193 effective July
1, 1997, with transition rules relating to State options to accelerate
such date, rules relating to claims, actions, and proceedings commenced
before such date, rules relating to closing out of accounts for
terminated or substantially modified programs and continuance in office
of Assistant Secretary for Family Support, and provisions relating to
termination of entitlement under AFDC program, see section 116 of Pub.
L. 104-193, as amended, set out as an Effective Date note under section
601 of this title.
Pub. L. 104-193, title III, Sec. 341(c)(2), formerly Sec. 341(d)(2),
Aug. 22, 1996, 110 Stat. 2233, as redesignated and amended by Pub. L.
105-200, title II, Sec. 201(e)(1)(A), (B)(ii), July 16, 1998, 112 Stat.
657, provided that: ``The amendments made by subsection (b) [amending
this section] shall become effective with respect to calendar quarters
beginning on or after the date of the enactment of this Act [Aug. 22,
1996].''
Section 342(c) of Pub. L. 104-193 provided that: ``The amendments
made by this section [amending this section and section 654 of this
title] shall be effective with respect to calendar quarters beginning 12
months or more after the date of the enactment of this Act [Aug. 22,
1996].''
Section 346(b) of Pub. L. 104-193 provided that: ``The amendments
made by subsection (a) [amending this section] shall be effective with
respect to fiscal year 1997 and succeeding fiscal years.''
Section 370(b) of Pub. L. 104-193 provided that: ``This section
[amending this section and section 654 of this title] and the amendments
made by this section shall become effective October 1, 1997.''
For provisions relating to effective date of title III of Pub. L.
104-193, see section 395(a)-(c) of Pub. L. 104-193, set out as a note
under section 654 of this title.
Effective Date of 1993 Amendment
Section 13721(c) of Pub. L. 103-66 provided that: ``The amendments
made by this section [amending this section and section 666 of this
title] shall become effective with respect to a State on the later of--
``(1) October 1, 1993 or,
``(2) the date of enactment by the legislature of such State of
all laws required by such amendments,
but in no event later than the first day of the first calendar quarter
beginning after the close of the first regular session of the State
legislature that begins after the date of enactment of this Act [Aug.
10, 1993]. For purposes of the previous sentence, in the case of a State
that has a 2-year legislative session, each year of such session shall
be deemed to be a separate regular session of the State legislature.''
Effective Date of 1989 Amendment
Section 10403(a)(1)(B)(ii) of Pub. L. 101-239 provided that: ``The
amendments made by clause (i) [amending this section and section 602 of
this title] shall take effect as if such amendments had been included in
section 123(d) of the Family Support Act of 1988 [Pub. L. 100-485] on
the date of the enactment of such Act [Oct. 13, 1988].''
Effective Date of 1988 Amendment
Section 111(f)(1) of Pub. L. 100-485 provided that: ``The amendments
made by subsections (a), (d), and (e) [enacting section 668 of this
title and amending this section and section 666 of this title] shall
become effective on the date of the enactment of this Act [Oct. 13,
1988].''
Effective Date of 1987 Amendment
Section 9143(b) of Pub. L. 100-203 provided that: ``The amendment
made by subsection (a) [amending this section] shall apply with respect
to amounts collected after the date of the enactment of this Act [Dec.
22, 1987].''
Effective Date of 1984 Amendments
Section 4(c) of Pub. L. 98-378 provided that: ``The amendments made
by this section [amending this section and section 655 of this title]
shall apply to fiscal years after fiscal year 1983.''
Section 9(c) of Pub. L. 98-378 provided that: ``The amendments made
by this section [amending this section and sections 602 and 603 of this
title] shall be effective on and after October 1, 1983.''
Section 13(c) of Pub. L. 98-378 provided that: ``The amendments made
by this section [amending this section] shall be effective for reports
for fiscal year 1986 and each fiscal year thereafter.''
Amendment by Pub. L. 98-369 effective July 18, 1984, but not to be
construed as changing or affecting any right, liability, status, or
interpretation which existed (under the provisions of law involved)
before that date, see section 2664(b) of Pub. L. 98-369, set out as a
note under section 401 of this title.
Effective Date of 1982 Amendment
Amendment by Pub. L. 97-248 effective Oct. 1, 1981, see section
175(b) of Pub. L. 97-248, set out as a note under section 503 of this
title.
Effective Date of 1981 Amendment
Amendment by Pub. L. 97-35 effective Oct. 1, 1981, except as
otherwise specifically provided, see section 2336 of Pub. L. 97-35, set
out as a note under section 651 of this title.
Effective Date of 1980 Amendment
Section 402(b) of Pub. L. 96-265 provided that: ``The amendment made
by subsection (a) [amending this section] shall take effect July 1,
1980.''
Section 405(e) of Pub. L. 96-265 provided that: ``The amendments
made by this section [amending this section and sections 654 and 655 of
this title] shall take effect on July 1, 1981, and shall be effective
only with respect to expenditures, referred to in section 455(a)(3) of
the Social Security Act [section 655(a)(3) of this title] (as amended by
this Act), made on or after such date.''
Effective Date of 1977 Amendment
Section 504(b) of Pub. L. 95-30 provided that: ``The amendment made
by subsection (a) [amending this section] shall be effective in the case
of reports, submitted by the Secretary of Health, Education, and Welfare
[now Health and Human Services] after 1976.''
Regulations
Section 122(b) of Pub. L. 100-485 provided that: ``Not later than
180 days after the date of the enactment of this Act [Oct. 13, 1988],
the Secretary of Health and Human Services shall issue a notice of
proposed rulemaking with respect to the standards required by the
amendment made by subsection (a) [amending this section], and, after
allowing not less than 60 days for public comment, shall issue final
regulations not later than the first day of the 10th month to begin
after such date of enactment.''
Implementation of Performance Standards for State Paternity
Establishment Programs
Section 111(f)(3) of Pub. L. 100-485 provided that: ``The Secretary
of Health and Human Services shall collect the data necessary to
implement the requirements of section 452(g) of the Social Security Act
[subsec. (g) of this section] (as added by subsection (a) of this
section) and may, in carrying out the requirement of determining a
State's paternity establishment percentage for the fiscal year 1988,
compute such percentage on the basis of data collected with respect to
the last quarter of such fiscal year (or, if such data are not
available, the first quarter of the fiscal year 1989) if the Secretary
determines that data for the full year are not available.''
Requests for Child Support Assistance; Advisory Committee; Promulgation
of Regulations
Section 121(b) of Pub. L. 100-485 provided that:
``(1) Not later than 60 days after the date of the enactment of this
Act [Oct. 13, 1988], the Secretary of Health and Human Services shall
establish an advisory committee. The committee shall include
representatives of organizations representing State governors, State
welfare administrators, and State directors of programs under part D of
title IV of the Social Security Act [this part]. The Secretary shall
consult with the advisory committee before issuing any regulations with
respect to the standards required by the amendment made by subsection
(a) [amending this section] (including regulations regarding what
constitutes an adequate response on the part of a State to the request
of an individual, State, or jurisdiction).
``(2) Not later than 180 days after the date of the enactment of
this Act, the Secretary of Health and Human Services shall issue a
notice of proposed rulemaking with respect to the standards required by
the amendment made by subsection (a), and, after allowing not less than
60 days for public comment, shall issue final regulations not later than
the first day of the 10th month beginning after such date of
enactment.''
Supplemental Report To Be Submitted to Congress Not Later Than June 30,
1977
Section 504(c) of Pub. L. 95-30 directed Secretary of Health,
Education, and Welfare to submit to Congress, not later than June 30,
1977, a special supplementary report with respect to activities
undertaken pursuant to this part.
Section Referred to in Other Sections
This section is referred to in sections 609, 653, 654, 654a, 655,
658a, 660, 666 of this title; title 26 section 6305.