§ 654. — State plan for child and spousal support.
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From the U.S. Code Online via GPO Access
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[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 42USC654]
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. 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 section 2015(l)(1)
of title 7, unless, in accordance with paragraph (29), good
cause or other exceptions exist;
(ii) any other child, if an individual applies for such
services with respect to the child; and
(B) enforce any support obligation established with respect
to--
(i) a child with respect to whom the State provides
services under the plan; or
(ii) the custodial parent of such a child;
(5) provide that (A) in any case in which support payments are
collected for an individual with respect to whom an assignment
pursuant to section 608(a)(3) of this title is effective, such
payments shall be made to the State for distribution pursuant to
section 657 of this title and shall not be paid directly to the
family, and the individual will be notified on a monthly basis (or
on a quarterly basis for so long as the Secretary determines with
respect to a State that requiring such notice on a monthly basis
would impose an unreasonable administrative burden) of the amount of
the support payments collected, and (B) in any case in which support
payments are collected for an individual pursuant to the assignment
made under section 1396k of this title, such payments shall be made
to the State for distribution pursuant to section 1396k of this
title, except that this clause shall not apply to such payments for
any month after the month in which the individual ceases to be
eligible for medical assistance;
(6) provide that--
(A) services under the plan shall be made available to
residents of other States on the same terms as to residents of
the State submitting the plan;
(B) an application fee for furnishing such services shall be
imposed on an individual, other than an individual receiving
assistance under a State program funded under part A or E of
this subchapter, or under a State plan approved under subchapter
XIX of this chapter, or who is required by the State to
cooperate with the State agency administering the program under
this part pursuant to subsection (l) or (m) of section 2015 of
title 7, and shall be paid by the individual applying for such
services, or recovered from the absent parent, or paid by the
State out of its own funds (the payment of which from State
funds shall not be considered as an administrative cost of the
State for the operation of the plan, and shall be considered
income to the program), the amount of which (i) will not exceed
$25 (or such higher or lower amount (which shall be uniform for
all States) as the Secretary may determine to be appropriate for
any fiscal year to reflect increases or decreases in
administrative costs), and (ii) may vary among such individuals
on the basis of ability to pay (as determined by the State);
(C) a fee of not more than $25 may be imposed in any case
where the State requests the Secretary of the Treasury to
withhold past-due support owed to or on behalf of such
individual from a tax refund pursuant to section 664(a)(2) of
this title;
(D) a fee (in accordance with regulations of the Secretary)
for performing genetic tests may be imposed on any individual
who is not a recipient of assistance under a State program
funded under part A of this subchapter; and
(E) any costs in excess of the fees so imposed may be
collected--
(i) from the parent who owes the child or spousal
support obligation involved; or
(ii) at the option of the State, from the individual to
whom such services are made available, but only if such
State has in effect a procedure whereby all persons in such
State having authority to order child or spousal support are
informed that such costs are to be collected from the
individual to whom such services were made available;
(7) provide for entering into cooperative arrangements with
appropriate courts and law enforcement officials and Indian tribes
or tribal organizations (as defined in subsections (e) and (l) of
section 450b of title 25) (A) to assist the agency administering the
plan, including the entering into of financial arrangements with
such courts and officials in order to assure optimum results under
such program, and (B) with respect to any other matters of common
concern to such courts or officials and the agency administering the
plan;
(8) provide that, for the purpose of establishing parentage,
establishing, setting the amount of, modifying, or enforcing child
support obligations, or making or enforcing a child custody or
visitation determination, as defined in section 663(d)(1) of this
title the agency administering the plan will establish a service to
locate parents utilizing--
(A) all sources of information and available records; and
(B) the Federal Parent Locator Service established under
section 653 of this title,
and shall, subject to the privacy safeguards required under
paragraph (26), disclose only the information described in sections
653 and 663 of this title to the authorized persons specified in
such sections for the purposes specified in such sections;
(9) provide that the State will, in accordance with standards
prescribed by the Secretary, cooperate with any other State--
(A) in establishing paternity, if necessary;
(B) in locating a noncustodial parent residing in the State
(whether or not permanently) against whom any action is being
taken under a program established under a plan approved under
this part in another State;
(C) in securing compliance by a noncustodial parent residing
in such State (whether or not permanently) with an order issued
by a court of competent jurisdiction against such parent for the
support and maintenance of the child or children or the parent
of such child or children with respect to whom aid is being
provided under the plan of such other State;
(D) in carrying out other functions required under a plan
approved under this part; and
(E) not later than March 1, 1997, in using the forms
promulgated pursuant to section 652(a)(11) of this title for
income withholding, imposition of liens, and issuance of
administrative subpoenas in interstate child support cases;
(10) provide that the State will maintain a full record of
collections and disbursements made under the plan and have an
adequate reporting system;
(11)(A) provide that amounts collected as support shall be
distributed as provided in section 657 of this title; and
(B) provide that any payment required to be made under section
656 or 657 of this title to a family shall be made to the resident
parent, legal guardian, or caretaker relative having custody of or
responsibility for the child or children;
(12) provide for the establishment of procedures to require the
State to provide individuals who are applying for or receiving
services under the State plan, or who are parties to cases in which
services are being provided under the State plan--
(A) with notice of all proceedings in which support
obligations might be established or modified; and
(B) with a copy of any order establishing or modifying a
child support obligation, or (in the case of a petition for
modification) a notice of determination that there should be no
change in the amount of the child support award, within 14 days
after issuance of such order or determination;
(13) provide that the State will comply with such other
requirements and standards as the Secretary determines to be
necessary to the establishment of an effective program for locating
noncustodial parents, establishing paternity, obtaining support
orders, and collecting support payments and provide that information
requests by parents who are residents of other States be treated
with the same priority as requests by parents who are residents of
the State submitting the plan;
(14)(A) comply with such bonding requirements, for employees who
receive, disburse, handle, or have access to, cash, as the Secretary
shall by regulations prescribe;
(B) maintain methods of administration which are designed to
assure that persons responsible for handling cash receipts shall not
participate in accounting or operating functions which would permit
them to conceal in the accounting records the misuse of cash
receipts (except that the Secretary shall by regulations provide for
exceptions to this requirement in the case of sparsely populated
areas where the hiring of unreasonable additional staff would
otherwise be necessary);
(15) provide for--
(A) a process for annual reviews of and reports to the
Secretary on the State program operated under the State plan
approved under this part, including such information as may be
necessary to measure State compliance with Federal requirements
for expedited procedures, using such standards and procedures as
are required by the Secretary, under which the State agency will
determine the extent to which the program is operated in
compliance with this part; and
(B) a process of extracting from the automated data
processing system required by paragraph (16) and transmitting to
the Secretary data and calculations concerning the levels of
accomplishment (and rates of improvement) with respect to
applicable performance indicators (including paternity
establishment percentages) to the extent necessary for purposes
of sections 652(g) and 658a of this title;
(16) provide for the establishment and operation by the State
agency, in accordance with an (initial and annually updated) advance
automated data processing planning document approved under section
652(d) of this title, of a statewide automated data processing and
information retrieval system meeting the requirements of section
654a of this title designed effectively and efficiently to assist
management in the administration of the State plan, so as to
control, account for, and monitor all the factors in the support
enforcement collection and paternity determination process under
such plan;
(17) provide that the State will have in effect an agreement
with the Secretary entered into pursuant to section 663 of this
title for the use of the Parent Locator Service established under
section 653 of this title, and provide that the State will accept
and transmit to the Secretary requests for information authorized
under the provisions of the agreement to be furnished by such
Service to authorized persons, will impose and collect (in
accordance with regulations of the Secretary) a fee sufficient to
cover the costs to the State and to the Secretary incurred by reason
of such requests, will transmit to the Secretary from time to time
(in accordance with such regulations) so much of the fees collected
as are attributable to such costs to the Secretary so incurred, and
during the period that such agreement is in effect will otherwise
comply with such agreement and regulations of the Secretary with
respect thereto;
(18) provide that the State has in effect procedures necessary
to obtain payment of past-due support from overpayments made to the
Secretary of the Treasury as set forth in section 664 of this title,
and take all steps necessary to implement and utilize such
procedures;
(19) provide that the agency administering the plan--
(A) shall determine on a periodic basis, from information
supplied pursuant to section 508 of the Unemployment
Compensation Amendments of 1976, whether any individuals
receiving compensation under the State's unemployment
compensation law (including amounts payable pursuant to any
agreement under any Federal unemployment compensation law) owe
child support obligations which are being enforced by such
agency; and
(B) shall enforce any such child support obligations which
are owed by such an individual but are not being met--
(i) through an agreement with such individual to have
specified amounts withheld from compensation otherwise
payable to such individual and by submitting a copy of any
such agreement to the State agency administering the
unemployment compensation law; or
(ii) in the absence of such an agreement, by bringing
legal process (as defined in section 659(i)(5) of this
title) to require the withholding of amounts from such
compensation;
(20) provide, to the extent required by section 666 of this
title, that the State (A) shall have in effect all of the laws to
improve child support enforcement effectiveness which are referred
to in that section, and (B) shall implement the procedures which are
prescribed in or pursuant to such laws;
(21)(A) at the option of the State, impose a late payment fee on
all overdue support (as defined in section 666(e) of this title)
under any obligation being enforced under this part, in an amount
equal to a uniform percentage determined by the State (not less than
3 percent nor more than 6 percent) of the overdue support, which
shall be payable by the noncustodial parent owing the overdue
support; and
(B) assure that the fee will be collected in addition to, and
only after full payment of, the overdue support, and that the
imposition of the late payment fee shall not directly or indirectly
result in a decrease in the amount of the support which is paid to
the child (or spouse) to whom, or on whose behalf, it is owed;
(22) in order for the State to be eligible to receive any
incentive payments under section 658a of this title, provide that,
if one or more political subdivisions of the State participate in
the costs of carrying out activities under the State plan during any
period, each such subdivision shall be entitled to receive an
appropriate share (as determined by the State) of any such incentive
payments made to the State for such period, taking into account the
efficiency and effectiveness of the activities carried out under the
State plan by such political subdivision;
(23) provide that the State will regularly and frequently
publicize, through public service announcements, the availability of
child support enforcement services under the plan and otherwise,
including information as to any application fees for such services
and a telephone number or postal address at which further
information may be obtained and will publicize the availability and
encourage the use of procedures for voluntary establishment of
paternity and child support by means the State deems appropriate;
(24) provide that the State will have in effect an automated
data processing and information retrieval system--
(A) by October 1, 1997, which meets all requirements of this
part which were enacted on or before October 13, 1988; and
(B) by October 1, 2000, which meets all requirements of this
part enacted on or before August 22, 1996, except that such
deadline shall be extended by 1 day for each day (if any) by
which the Secretary fails to meet the deadline imposed by
section 344(a)(3) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996;
(25) provide that if a family with respect to which services are
provided under the plan ceases to receive assistance under the State
program funded under part A of this subchapter, the State shall
provide appropriate notice to the family and continue to provide
such services, subject to the same conditions and on the same basis
as in the case of other individuals to whom services are furnished
under the plan, except that an application or other request to
continue services shall not be required of such a family and
paragraph (6)(B) shall not apply to the family;
(26) have in effect safeguards, applicable to all confidential
information handled by the State agency, that are designed to
protect the privacy rights of the parties, including--
(A) safeguards against unauthorized use or disclosure of
information relating to proceedings or actions to establish
paternity, or to establish, modify, or enforce support, or to
make or enforce a child custody determination;
(B) prohibitions against the release of information on the
whereabouts of 1 party or the child to another party against
whom a protective order with respect to the former party or the
child has been entered;
(C) prohibitions against the release of information on the
whereabouts of 1 party or the child to another person if the
State has reason to believe that the release of the information
to that person may result in physical or emotional harm to the
party or the child;
(D) in cases in which the prohibitions under subparagraphs
(B) and (C) apply, the requirement to notify the Secretary, for
purposes of section 653(b)(2) of this title, that the State has
reasonable evidence of domestic violence or child abuse against
a party or the child and that the disclosure of such information
could be harmful to the party or the child; and
(E) procedures providing that when the Secretary discloses
information about a parent or child to a State court or an agent
of a State court described in section 653(c)(2) or 663(d)(2)(B)
of this title, and advises that court or agent that the
Secretary has been notified that there is reasonable evidence of
domestic violence or child abuse pursuant to section 653(b)(2)
of this title, the court shall determine whether disclosure to
any other person of information received from the Secretary
could be harmful to the parent or child and, if the court
determines that disclosure to any other person could be harmful,
the court and its agents shall not make any such disclosure;
(27) provide that, on and after October 1, 1998, the State
agency will--
(A) operate a State disbursement unit in accordance with
section 654b of this title; and
(B) have sufficient State staff (consisting of State
employees) and (at State option) contractors reporting directly
to the State agency to--
(i) monitor and enforce support collections through the
unit in cases being enforced by the State pursuant to
paragraph (4) (including carrying out the automated data
processing responsibilities described in section 654a(g) of
this title); and
(ii) take the actions described in section 666(c)(1) of
this title in appropriate cases;
(28) provide that, on and after October 1, 1997, the State will
operate a State Directory of New Hires in accordance with section
653a of this title;
(29) provide that the State agency responsible for administering
the State plan--
(A) shall make the determination (and redetermination at
appropriate intervals) as to whether an individual who has
applied for or is receiving assistance under the State program
funded under part A of this subchapter, the State program under
part E of this subchapter, the State program under subchapter
XIX of this chapter, or the food stamp program, as defined under
section 2012(h) of title 7, is cooperating in good faith with
the State in establishing the paternity of, or in establishing,
modifying, or enforcing a support order for, any child of the
individual by providing the State agency with the name of, and
such other information as the State agency may require with
respect to, the noncustodial parent of the child, subject to
good cause and other exceptions which--
(i) in the case of the State program funded under part A
of this subchapter, the State program under part E of this
subchapter, or the State program under subchapter XIX of
this chapter shall, at the option of the State, be defined,
taking into account the best interests of the child, and
applied in each case, by the State agency administering such
program; and
(ii) in the case of the food stamp program, as defined
under section 2012(h) of title 7, shall be defined and
applied in each case under that program in accordance with
section 2015(l)(2) of title 7;
(B) shall require the individual to supply additional
necessary information and appear at interviews, hearings, and
legal proceedings;
(C) shall require the individual and the child to submit to
genetic tests pursuant to judicial or administrative order;
(D) may request that the individual sign a voluntary
acknowledgment of paternity, after notice of the rights and
consequences of such an acknowledgment, but may not require the
individual to sign an acknowledgment or otherwise relinquish the
right to genetic tests as a condition of cooperation and
eligibility for assistance under the State program funded under
part A of this subchapter, the State program under part E of
this subchapter, the State program under subchapter XIX of this
chapter, or the food stamp program, as defined under section
2012(h) of title 7; and
(E) shall promptly notify the individual and the State
agency administering the State program funded under part A of
this subchapter, the State agency administering the State
program under part E of this subchapter, the State agency
administering the State program under subchapter XIX of this
chapter, or the State agency administering the food stamp
program, as defined under section 2012(h) of title 7, of each
such determination, and if noncooperation is determined, the
basis therefor;
(30) provide that the State shall use the definitions
established under section 652(a)(5) of this title in collecting and
reporting information as required under this part;
(31) provide that the State agency will have in effect a
procedure for certifying to the Secretary, for purposes of the
procedure under section 652(k) of this title, determinations that
individuals owe arrearages of child support in an amount exceeding
$5,000, under which procedure--
(A) each individual concerned is afforded notice of such
determination and the consequences thereof, and an opportunity
to contest the determination; and
(B) the certification by the State agency is furnished to
the Secretary in such format, and accompanied by such supporting
documentation, as the Secretary may require;
(32)(A) provide that any request for services under this part by
a foreign reciprocating country or a foreign country with which the
State has an arrangement described in section 659a(d) of this title
shall be treated as a request by a State;
(B) provide, at State option, notwithstanding paragraph (4) or
any other provision of this part, for services under the plan for
enforcement of a spousal support order not described in paragraph
(4)(B) entered by such a country (or subdivision); and
(C) provide that no applications will be required from, and no
costs will be assessed for such services against, the foreign
reciprocating country or foreign obligee (but costs may at State
option be assessed against the obligor); and
(33) provide that a State that receives funding pursuant to
section 628 of this title and that has within its borders Indian
country (as defined in section 1151 of title 18) may enter into
cooperative agreements with an Indian tribe or tribal organization
(as defined in subsections (e) and (l) of section 450b of title 25),
if the Indian tribe or tribal organization demonstrates that such
tribe or organization has an established tribal court system or a
Court of Indian Offenses with the authority to establish paternity,
establish, modify, or enforce support orders, or to enter support
orders in accordance with child support guidelines established or
adopted by such tribe or organization, under which the State and
tribe or organization shall provide for the cooperative delivery of
child support enforcement services in Indian country and for the
forwarding of all collections pursuant to the functions performed by
the tribe or organization to the State agency, or conversely, by the
State agency to the tribe or organization, which shall distribute
such collections in accordance with such agreement.
The State may allow the jurisdiction which makes the collection involved
to retain any application fee under paragraph (6)(B) or any late payment
fee under paragraph (21). Nothing in paragraph (33) shall void any
provision of any cooperative agreement entered into before August 22,
1996, nor shall such paragraph deprive any State of jurisdiction over
Indian country (as so defined) that is lawfully exercised under section
1322 of title 25.
(Aug. 14, 1935, ch. 531, title IV, Sec. 454, as added Pub. L. 93-647,
Sec. 101(a), Jan. 4, 1975, 88 Stat. 2354; amended Pub. L. 94-88, title
II, Sec. 208(b), (c), Aug. 9, 1975, 89 Stat. 436; Pub. L. 95-30, title
V, Sec. 502(a), May 23, 1977, 91 Stat. 162; Pub. L. 96-265, title IV,
Sec. 405(b), June 9, 1980, 94 Stat. 463; Pub. L. 96-611, Sec. 9(a), Dec.
28, 1980, 94 Stat. 3571; Pub. L. 97-35, title XXIII, Secs. 2331(b),
2332(d), 2333(a), (b), 2335(a), Aug. 13, 1981, 95 Stat. 860, 862, 863;
Pub. L. 97-248, title I, Secs. 171(a), (b)(1), 173(a), Sept. 3, 1982, 96
Stat. 401, 403; Pub. L. 98-369, div. B, title VI, Sec. 2663(c)(14),
(j)(2)(B)(x), July 18, 1984, 98 Stat. 1166, 1170; Pub. L. 98-378,
Secs. 3(a), (c)-(f), 5(b), 6(a), 11(b)(1), 12(a), (b), 14(a), 21(d),
Aug. 16, 1984, 98 Stat. 1306, 1310, 1311, 1314, 1318, 1319, 1320, 1324;
Pub. L. 100-203, title IX, Secs. 9141(a)(2), 9142(a), Dec. 22, 1987, 101
Stat. 1330-321; Pub. L. 100-485, title I, Secs. 104(a), 111(c), 123(a),
(d), Oct. 13, 1988, 102 Stat. 2348, 2349, 2352, 2353; Pub. L. 104-35,
Sec. 1(a), Oct. 12, 1995, 109 Stat. 294; Pub. L. 104-193, title I,
Sec. 108(c)(11), (12), title III, Secs. 301(a), (b), 302(b)(2), 303(a),
304(a), 312(a), 313(a), 316(g)(1), 324(b), 332, 333, 342(a), 343(b),
344(a)(1), (4), 370(a)(2), 371(b), 375(a), (c), 395(d)(1)(D), (2)(B),
Aug. 22, 1996, 110 Stat. 2166, 2199, 2204, 2205, 2207, 2209, 2218, 2223,
2230, 2233, 2234, 2236, 2252, 2254, 2256, 2259, 2260; Pub. L. 105-33,
title V, Secs. 5531(a), 5542(c), 5545, 5546(a), 5548, 5552, 5556(b),
Aug. 5, 1997, 111 Stat. 625, 631, 633, 635, 637; Pub. L. 106-169, title
IV, Sec. 401(g), (h), Dec. 14, 1999, 113 Stat. 1858.)
References in Text
Parts A and E of this subchapter, referred to in pars. (4)(A)(i),
(6)(B), (D), (25), and (29)(A), (D), (E), are classified to section 601
et seq. and 670 et seq., respectively, of this title.
Section 508 of the Unemployment Compensation Amendments of 1976,
referred to in par. (19), is section 508 of Pub. L. 94-566, Oct. 20,
1976, 90 Stat. 2689, which enacted section 603a of this title and
amended section 49b of Title 29, Labor.
Section 344(a)(3) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996, referred to in par. (24), is
section 344(a)(3) of Pub. L. 104-193, which is set out as a Regulations
note under section 654a of this title.
Amendments
1999--Par. (6)(E)(i). Pub. L. 106-169, Sec. 401(g)(1), substituted
``; or'' for ``, or'' at end.
Par. (9)(A) to (C). Pub. L. 106-169, Sec. 401(g)(2), substituted
semicolon for comma at end.
Par. (19)(A). Pub. L. 106-169, Sec. 401(g)(3), substituted ``; and''
for ``, and'' at end.
Par. (19)(B)(i). Pub. L. 106-169, Sec. 401(g)(1), substituted ``;
or'' for ``, or'' at end.
Par. (24)(A). Pub. L. 106-169, Sec. 401(g)(3), substituted ``; and''
for ``, and'' at end.
Par. (24)(B). Pub. L. 106-169, Sec. 401(h), made technical amendment
to reference in original act which appears in text as reference to
August 22, 1996.
1997--Par. (4)(A)(i)(IV). Pub. L. 105-33, Sec. 5548(a), added subcl.
(IV).
Par. (6)(B). Pub. L. 105-33, Sec. 5531(a), substituted ``an
individual, other than an individual receiving assistance under a State
program funded under part A or E of this subchapter, or under a State
plan approved under subchapter XIX of this chapter, or who is required
by the State to cooperate with the State agency administering the
program under this part pursuant to subsection (l) or (m) of section
2015 of title 7, and'' for ``individuals not receiving assistance under
any State program funded under part A of this subchapter, which''.
Par. (8). Pub. L. 105-33, Sec. 5552(1)(D), inserted concluding
provisions.
Pub. L. 105-33, Sec. 5552(1)(A), in introductory provisions,
inserted ``, for the purpose of establishing parentage, establishing,
setting the amount of, modifying, or enforcing child support
obligations, or making or enforcing a child custody or visitation
determination, as defined in section 663(d)(1) of this title'' after
``provide that'' and struck out ``noncustodial'' before ``parents''.
Par. (8)(A). Pub. L. 105-33, Sec. 5552(1)(B), substituted ``records;
and'' for ``records, and''.
Par. (8)(B). Pub. L. 105-33, Sec. 5552(1)(C), substituted ``title,''
for ``title;''.
Par. (16). Pub. L. 105-33, Sec. 5556(b), made technical amendment to
directory language of Pub. L. 104-193, Sec. 344(a)(1)(F). See 1996
Amendment note below.
Par. (17). Pub. L. 105-33, Sec. 5552(2), substituted ``provide that
the State will have'' for ``in the case of a State which has'' and
inserted ``and'' after ``section 653 of this title,''.
Par. (19)(B)(ii). Pub. L. 105-33, Sec. 5542(c), substituted
``section 659(i)(5)'' for ``section 662(e)''.
Par. (26). Pub. L. 105-33, Sec. 5552(3)(A), struck out ``will''
before ``have in effect'' in introductory provisions.
Par. (26)(A). Pub. L. 105-33, Sec. 5552(3)(B), inserted ``,
modify,'' after ``or to establish'' and ``, or to make or enforce a
child custody determination'' after ``support''.
Par. (26)(B). Pub. L. 105-33, Sec. 5552(3)(C)(i), (ii), inserted
``or the child'' after ``1 party'' and after ``former party''.
Par. (26)(C). Pub. L. 105-33, Sec. 5552(3)(D), inserted ``or the
child'' after ``1 party'', substituted ``another person'' for ``another
party'', inserted ``to that person'' after ``release of the
information'', and substituted ``party or the child'' for ``former
party''.
Par. (26)(D), (E). Pub. L. 105-33, Sec. 5552(3)(C)(iii), (E), added
subpars. (D) and (E).
Par. (29)(A). Pub. L. 105-33, Sec. 5548(b)(1)(B), substituted cls.
(i) and (ii) for
``(i) shall be defined, taking into account the best interests
of the child, and
``(ii) shall be applied in each case,
by, at the option of the State, the State agency administering the State
program under part A of this subchapter, this part, or subchapter XIX of
this chapter;''.
Pub. L. 105-33, Sec. 5548(b)(1)(A), in introductory provisions,
substituted ``part A of this subchapter, the State program under part E
of this subchapter, the State program under subchapter XIX of this
chapter, or the food stamp program, as defined under section 2012(h) of
title 7,'' for ``part A of this subchapter or the State program under
subchapter XIX of this chapter''.
Par. (29)(D). Pub. L. 105-33, Sec. 5548(b)(2), substituted ``the
State program under part E of this subchapter, the State program under
subchapter XIX of this chapter, or the food stamp program, as defined
under section 2012(h) of title 7'' for ``or the State program under
subchapter XIX of this chapter''.
Par. (29)(E). Pub. L. 105-33, Sec. 5548(b)(3), substituted
``individual and the State agency administering the State program funded
under part A of this subchapter, the State agency administering the
State program under part E of this subchapter, the State agency
administering the State program under subchapter XIX of this chapter, or
the State agency administering the food stamp program, as defined under
section 2012(h) of title 7,'' for ``individual, the State agency
administering the State program funded under part A of this subchapter,
and the State agency administering the State program under subchapter
XIX of this chapter,''.
Par. (32)(A). Pub. L. 105-33, Sec. 5545, substituted ``section
659a(d)'' for ``section 659a(d)(2)''.
Par. (33). Pub. L. 105-33, Sec. 5546(a), substituted ``or enforce
support orders, or'' for ``and enforce support orders, and'',
``guidelines established or adopted by such tribe or organization'' for
``guidelines established by such tribe or organization'', ``all
collections'' for ``all funding collected'', and ``such collections''
for ``such funding''.
1996--Pub. L. 104-193, Sec. 375(a)(4), inserted at end of closing
provisions ``Nothing in paragraph (33) shall void any provision of any
cooperative agreement entered into before August 22, 1996, nor shall
such paragraph deprive any State of jurisdiction over Indian country (as
so defined) that is lawfully exercised under section 1322 of title 25.''
Par. (4). Pub. L. 104-193, Sec. 301(a)(1), amended par. (4)
generally. Prior to amendment, par. (4) read as follows: ``provide that
such State will undertake--
``(A) in the case of a child born out of wedlock with respect to
whom an assignment under section 602(a)(26) of this title or section
1396k of this title is effective, to establish the paternity of such
child, unless the agency administering the plan of the State under
part A of this subchapter determines in accordance with the
standards prescribed by the Secretary pursuant to section
602(a)(26)(B) of this title that it is against the best interests of
the child to do so, or, in the case of such a child with respect to
whom an assignment under section 1396k of this title is in effect,
the State agency administering the plan approved under subchapter
XIX of this chapter determines pursuant to section 1396k(a)(1)(B) of
this title that it is against the best interests of the child to do
so, and
``(B) in the case of any child with respect to whom such
assignment is effective, including an assignment with respect to a
child on whose behalf a State agency is making foster care
maintenance payments under part E of this subchapter, to secure
support for such child from his parent (or from any other person
legally liable for such support), and from such parent for his
spouse (or former spouse) receiving aid to families with dependent
children or medical assistance under a State plan approved under
subchapter XIX of this chapter (but only if a support obligation has
been established with respect to such spouse, and only if the
support obligation established with respect to the child is being
enforced under the plan), utilizing any reciprocal arrangements
adopted with other States (unless the agency administering the plan
of the State under part A or E of this subchapter determines in
accordance with the standards prescribed by the Secretary pursuant
to section 602(a)(26)(B) of this title that it is against the best
interests of the child to do so), except that when such arrangements
and other means have proven ineffective, the State may utilize the
Federal courts to obtain or enforce court orders for support;''.
Par. (5)(A). Pub. L. 104-193, Sec. 108(c)(11), substituted
``pursuant to section 608(a)(3) of this title'' for ``under section
602(a)(26) of this title'' and ``payments collected,'' for ``payments
collected; except that this paragraph shall not apply to such payments
for any month following the first month in which the amount collected is
sufficient to make such family ineligible for assistance under the State
plan approved under part A of this subchapter;''.
Par. (6). Pub. L. 104-193, Sec. 301(a)(2)(A), substituted ``provide
that--'' for ``provide that'' in introductory provisions.
Par. (6)(A). Pub. L. 104-193, Sec. 301(a)(2)(B), added subpar. (A)
and struck out former subpar. (A) which read as follows: ``the child
support collection or paternity determination services established under
the plan shall be made available to any individual not otherwise
eligible for such services upon application filed by such individual
with the State, including support collection services for the spouse (or
former spouse) with whom the absent parent's child is living (but only
if a support obligation has been established with respect to such
spouse, and only if the support obligation established with respect to
the child is being enforced under the