§ 655. — Payments to States.
Code Resources
Search this Code
in Google Scholar
on the Web
Google Web Search
MSN Web Search
Yahoo! Web Search
in the News
Google News Search
Google News Archive Search
Yahoo! News Search
in the Blogs
BlawgSearch.com Search
Google Blog Search
Technorati Blog Search
in other Databases
Google Book Search
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: 42USC655]
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. 655. Payments to States
(a) Amounts payable each quarter
(1) From the sums appropriated therefor, the Secretary shall pay to
each State for each quarter an amount--
(A) equal to the percent specified in paragraph (2) of the total
amounts expended by such State during such quarter for the operation
of the plan approved under section 654 of this title,
(B) equal to the percent specified in paragraph (3) of the sums
expended during such quarter that are attributable to the planning,
design, development, installation or enhancement of an automatic
data processing and information retrieval system (including in such
sums the full cost of the hardware components of such system); and
\1\
---------------------------------------------------------------------------
\1\ So in original. The ``; and'' probably should be a comma.
---------------------------------------------------------------------------
(C) equal to 90 percent (rather than the percentage specified in
subparagraph (A)) of so much of the sums expended during such
quarter as are attributable to laboratory costs incurred in
determining paternity, and
(D) equal to 66 percent of the sums expended by the State during
the quarter for an alternative statewide system for which a waiver
has been granted under section 652(d)(3) of this title, but only to
the extent that the total of the sums so expended by the State on or
after July 16, 1998, does not exceed the least total cost estimate
submitted by the State pursuant to section 652(d)(3)(C) of this
title in the request for the waiver;
except that no amount shall be paid to any State on account of amounts
expended to carry out an agreement which it has entered into pursuant to
section 663 of this title. In determining the total amounts expended by
any State during a quarter, for purposes of this subsection, there shall
be excluded an amount equal to the total of any fees collected or other
income resulting from services provided under the plan approved under
this part.
(2) The percent applicable to quarters in a fiscal year for purposes
of paragraph (1)(A) is--
(A) 70 percent for fiscal years 1984, 1985, 1986, and 1987,
(B) 68 percent for fiscal years 1988 and 1989, and
(C) 66 percent for fiscal year 1990 and each fiscal year
thereafter.
(3)(A) The Secretary shall pay to each State, for each quarter in
fiscal years 1996 and 1997, 90 percent of so much of the State
expenditures described in paragraph (1)(B) as the Secretary finds are
for a system meeting the requirements specified in section 654(16) of
this title (as in effect on September 30, 1995) but limited to the
amount approved for States in the advance planning documents of such
States submitted on or before September 30, 1995.
(B)(i) The Secretary shall pay to each State or system described in
clause (iii), for each quarter in fiscal years 1996 through 2001, the
percentage specified in clause (ii) of so much of the State or system
expenditures described in paragraph (1)(B) as the Secretary finds are
for a system meeting the requirements of sections 654(16) and 654a of
this title.
(ii) The percentage specified in this clause is 80 percent.
(iii) For purposes of clause (i), a system described in this clause
is a system that has been approved by the Secretary to receive enhanced
funding pursuant to the Family Support Act of 1988 (Public Law 100-485;
102 Stat. 2343) for the purpose of developing a system that meets the
requirements of sections 654(16) of this title (as in effect on and
after September 30, 1995) and 654a of this title, including systems that
have received funding for such purpose pursuant to a waiver under
section 1315(a) of this title.
(4)(A)(i) If--
(I) the Secretary determines that a State plan under section 654
of this title would (in the absence of this paragraph) be
disapproved for the failure of the State to comply with a particular
subparagraph of section 654(24) of this title, and that the State
has made and is continuing to make a good faith effort to so comply;
and
(II) the State has submitted to the Secretary a corrective
compliance plan that describes how, by when, and at what cost the
State will achieve such compliance, which has been approved by the
Secretary,
then the Secretary shall not disapprove the State plan under section 654
of this title, and the Secretary shall reduce the amount otherwise
payable to the State under paragraph (1)(A) of this subsection for the
fiscal year by the penalty amount.
(ii) All failures of a State during a fiscal year to comply with any
of the requirements referred to in the same subparagraph of section
654(24) of this title shall be considered a single failure of the State
to comply with that subparagraph during the fiscal year for purposes of
this paragraph.
(B) In this paragraph:
(i) The term ``penalty amount'' means, with respect to a failure
of a State to comply with a subparagraph of section 654(24) of this
title--
(I) 4 percent of the penalty base, in the case of the first
fiscal year in which such a failure by the State occurs
(regardless of whether a penalty is imposed under this paragraph
with respect to the failure);
(II) 8 percent of the penalty base, in the case of the
second such fiscal year;
(III) 16 percent of the penalty base, in the case of the
third such fiscal year;
(IV) 25 percent of the penalty base, in the case of the
fourth such fiscal year; or
(V) 30 percent of the penalty base, in the case of the fifth
or any subsequent such fiscal year.
(ii) The term ``penalty base'' means, with respect to a failure
of a State to comply with a subparagraph of section 654(24) of this
title during a fiscal year, the amount otherwise payable to the
State under paragraph (1)(A) of this subsection for the preceding
fiscal year.
(C)(i) The Secretary shall waive a penalty under this paragraph for
any failure of a State to comply with section 654(24)(A) of this title
during fiscal year 1998 if--
(I) on or before August 1, 1998, the State has submitted to the
Secretary a request that the Secretary certify the State as having
met the requirements of such section;
(II) the Secretary subsequently provides the certification as a
result of a timely review conducted pursuant to the request; and
(III) the State has not failed such a review.
(ii) If a State with respect to which a reduction is made under this
paragraph for a fiscal year with respect to a failure to comply with a
subparagraph of section 654(24) of this title achieves compliance with
such subparagraph by the beginning of the succeeding fiscal year, the
Secretary shall increase the amount otherwise payable to the State under
paragraph (1)(A) of this subsection for the succeeding fiscal year by an
amount equal to 90 percent of the reduction for the fiscal year.
(iii) The Secretary shall reduce the amount of any reduction that,
in the absence of this clause, would be required to be made under this
paragraph by reason of the failure of a State to achieve compliance with
section 654(24)(B) of this title during the fiscal year, by an amount
equal to 20 percent of the amount of the otherwise required reduction,
for each State performance measure described in section 658a(b)(4) of
this title with respect to which the applicable percentage under section
658a(b)(6) of this title for the fiscal year is 100 percent, if the
Secretary has made the determination described in section 658a(b)(5)(B)
of this title with respect to the State for the fiscal year.
(D) The Secretary may not impose a penalty under this paragraph
against a State with respect to a failure to comply with section
654(24)(B) of this title for a fiscal year if the Secretary is required
to impose a penalty under this paragraph against the State with respect
to a failure to comply with section 654(24)(A) of this title for the
fiscal year.
(5)(A)(i) If--
(I) the Secretary determines that a State plan under section 654
of this title would (in the absence of this paragraph) be
disapproved for the failure of the State to comply with
subparagraphs (A) and (B)(i) of section 654(27) of this title, and
that the State has made and is continuing to make a good faith
effort to so comply; and
(II) the State has submitted to the Secretary, not later than
April 1, 2000, a corrective compliance plan that describes how, by
when, and at what cost the State will achieve such compliance, which
has been approved by the Secretary,
then the Secretary shall not disapprove the State plan under section 654
of this title, and the Secretary shall reduce the amount otherwise
payable to the State under paragraph (1)(A) of this subsection for the
fiscal year by the penalty amount.
(ii) All failures of a State during a fiscal year to comply with any
of the requirements of section 654B of this title shall be considered a
single failure of the State to comply with subparagraphs (A) and (B)(i)
of section 654(27) of this title during the fiscal year for purposes of
this paragraph.
(B) In this paragraph:
(i) The term ``penalty amount'' means, with respect to a failure
of a State to comply with subparagraphs (A) and (B)(i) of section
654(27) of this title--
(I) 4 percent of the penalty base, in the case of the 1st
fiscal year in which such a failure by the State occurs
(regardless of whether a penalty is imposed in that fiscal year
under this paragraph with respect to the failure), except as
provided in subparagraph (C)(ii) of this paragraph;
(II) 8 percent of the penalty base, in the case of the 2nd
such fiscal year;
(III) 16 percent of the penalty base, in the case of the 3rd
such fiscal year;
(IV) 25 percent of the penalty base, in the case of the 4th
such fiscal year; or
(V) 30 percent of the penalty base, in the case of the 5th
or any subsequent such fiscal year.
(ii) The term ``penalty base'' means, with respect to a failure
of a State to comply with subparagraphs (A) and (B)(i) of section
654(27) of this title during a fiscal year, the amount otherwise
payable to the State under paragraph (1)(A) of this subsection for
the preceding fiscal year.
(C)(i) The Secretary shall waive all penalties imposed against a
State under this paragraph for any failure of the State to comply with
subparagraphs (A) and (B)(i) of section 654(27) of this title if the
Secretary determines that, before April 1, 2000, the State has achieved
such compliance.
(ii) If a State with respect to which a reduction is required to be
made under this paragraph with respect to a failure to comply with
subparagraphs (A) and (B)(i) of section 654(27) of this title achieves
such compliance on or after April 1, 2000, and on or before September
30, 2000, then the penalty amount applicable to the State shall be 1
percent of the penalty base with respect to the failure involved.
(D) The Secretary may not impose a penalty under this paragraph
against a State for a fiscal year for which the amount otherwise payable
to the State under paragraph (1)(A) of this subsection is reduced under
paragraph (4) of this subsection for failure to comply with section
654(24)(A) of this title.
(b) Estimate of amounts payable; installment payments
(1) Prior to the beginning of each quarter, the Secretary shall
estimate the amount to which a State will be entitled under subsection
(a) of this section for such quarter, such estimates to be based on (A)
a report filed by the State containing its estimate of the total sum to
be expended in such quarter in accordance with the provisions of such
subsection, and stating the amount appropriated or made available by the
State and its political subdivisions for such expenditures in such
quarter, and if such amount is less than the State's proportionate share
of the total sum of such estimated expenditures, the source or sources
from which the difference is expected to be derived, and (B) such other
investigation as the Secretary may find necessary.
(2) Subject to subsection (d) of this section, the Secretary shall
then pay, in such installments as he may determine, to the State the
amount so estimated, reduced or increased to the extent of any
overpayment or underpayment which the Secretary determines was made
under this section to such State for any prior quarter and with respect
to which adjustment has not already been made under this subsection.
(3) Upon the making of any estimate by the Secretary under this
subsection, any appropriations available for payments under this section
shall be deemed obligated.
(c) Repealed. Pub. L. 97-248, title I, Sec. 174(b), Sept. 3, 1982, 96
Stat. 403
(d) State reports
Notwithstanding any other provision of law, no amount shall be paid
to any State under this section for any quarter, prior to the close of
such quarter, unless for the period consisting of all prior quarters for
which payment is authorized to be made to such State under subsection
(a) of this section, there shall have been submitted by the State to the
Secretary, with respect to each quarter in such period (other than the
last two quarters in such period), a full and complete report (in such
form and manner and containing such information as the Secretary shall
prescribe or require) as to the amount of child support collected and
disbursed and all expenditures with respect to which payment is
authorized under subsection (a) of this section.
(e) Special project grants for interstate enforcement; appropriations
(1) In order to encourage and promote the development and use of
more effective methods of enforcing support obligations under this part
in cases where either the children on whose behalf the support is sought
or their noncustodial parents do not reside in the State where such
cases are filed, the Secretary is authorized to make grants, in such
amounts and on such terms and conditions as the Secretary determines to
be appropriate, to States which propose to undertake new or innovative
methods of support collection in such cases and which will use the
proceeds of such grants to carry out special projects designed to
demonstrate and test such methods.
(2) A grant under this subsection shall be made only upon a finding
by the Secretary that the project involved is likely to be of
significant assistance in carrying out the purpose of this subsection;
and with respect to such project the Secretary may waive any of the
requirements of this part which would otherwise be applicable, to such
extent and for such period as the Secretary determines is necessary or
desirable in order to enable the State to carry out the project.
(3) At the time of its application for a grant under this subsection
the State shall submit to the Secretary a statement describing in
reasonable detail the project for which the proceeds of the grant are to
be used, and the State shall from time to time thereafter submit to the
Secretary such reports with respect to the project as the Secretary may
specify.
(4) Amounts expended by a State in carrying out a special project
assisted under this section shall be considered, for purposes of section
658(b) \2\ of this title (as amended by section 5(a) of the Child
Support Enforcement Amendments of 1984), to have been expended for the
operation of the State's plan approved under section 654 of this title.
---------------------------------------------------------------------------
\2\ See References in Text note below.
---------------------------------------------------------------------------
(5) There is authorized to be appropriated the sum of $7,000,000 for
fiscal year 1985, $12,000,000 for fiscal year 1986, and $15,000,000 for
each fiscal year thereafter, to be used by the Secretary in making
grants under this subsection.
(f) Direct Federal funding to Indian tribes and tribal organizations
The Secretary may make direct payments under this part to an Indian
tribe or tribal organization that demonstrates to the satisfaction of
the Secretary that it has the capacity to operate a child support
enforcement program meeting the objectives of this part, including
establishment of paternity, establishment, modification, and enforcement
of support orders, and location of absent parents. The Secretary shall
promulgate regulations establishing the requirements which must be met
by an Indian tribe or tribal organization to be eligible for a grant
under this subsection.
(Aug. 14, 1935, ch. 531, title IV, Sec. 455, as added Pub. L. 93-647,
Sec. 101(a), Jan. 4, 1975, 88 Stat. 2355; amended Pub. L. 94-88, title
II, Secs. 201(c), 205, Aug. 9, 1975, 89 Stat. 433, 435; Pub. L. 94-365,
Sec. 3, July 14, 1976, 90 Stat. 990; Pub. L. 95-59, Sec. 4, June 30,
1977, 91 Stat. 255; Pub. L. 96-178, Sec. 2(a), Jan. 2, 1980, 93 Stat.
1295; Pub. L. 96-265, title IV, Secs. 404(a), 405(a), 407(a), (b), June
9, 1980, 94 Stat. 463, 467; Pub. L. 96-611, Secs. 9(c), 11(c), Dec. 28,
1980, 94 Stat. 3573, 3574; Pub. L. 97-35, title XXIII, Sec. 2333(c),
Aug. 13, 1981, 95 Stat. 863; Pub. L. 97-248, title I, Secs. 171(b)(2),
174(a), (b), Sept. 3, 1982, 96 Stat. 401, 403; Pub. L. 98-378,
Secs. 4(a), 6(b), 8, Aug. 16, 1984, 98 Stat. 1311, 1314, 1315; Pub. L.
100-485, title I, Secs. 112(a), 123(c), Oct. 13, 1988, 102 Stat. 2350,
2352; Pub. L. 104-193, title III, Secs. 344(b)(1), (c), 375(b),
395(d)(1)(E), Aug. 22, 1996, 110 Stat. 2236, 2237, 2256, 2259; Pub. L.
105-33, title V, Secs. 5546(b), (c), 5555(a), Aug. 5, 1997, 111 Stat.
631, 632, 636; Pub. L. 105-200, title I, Secs. 101(a), 102(b), title II,
Sec. 201(f)(2)(B), July 16, 1998, 112 Stat. 646, 648, 658; Pub. L. 105-
306, Sec. 4(a)(1), Oct. 28, 1998, 112 Stat. 2926; Pub. L. 106-113, div.
B, Sec. 1000(a)(4) [title VIII, Sec. 807(a)], Nov. 29, 1999, 113 Stat.
1535, 1501A-286; Pub. L. 106-169, title IV, Sec. 401(i), Dec. 14, 1999,
113 Stat. 1858.)
References in Text
The Family Support Act of 1988, referred to in subsec.
(a)(3)(B)(iii), is Pub. L. 100-485, Oct. 13, 1988, 102 Stat. 2343, as
amended. For complete classification of this Act to the Code, see Short
Title of 1988 Amendments note set out under section 1305 of this title
and Tables.
Section 658(b) of this title (as amended by section 5(a) of the
Child Support Enforcement Amendments of 1984), referred to in subsec.
(e)(4), was in the original a reference to ``section 458(b)'', meaning
section 458(b) of act of Aug. 14, 1935, as amended by section 5(a) of
Pub. L. 98-378, which was classified to section 658(b) of this title.
Pub. L. 105-200, title II, Sec. 201(f)(1), (2)(A), July 16, 1998, 112
Stat. 657, 658, repealed section 458 and renumbered section 458A of the
act of Aug. 14, 1935, as section 458, which is classified to section
658a of this title.
Amendments
1999--Subsec. (a)(1)(B). Pub. L. 106-169 amended Pub. L. 104-193,
Sec. 344(b)(1)(A). See 1996 Amendment note below.
Subsec. (a)(5). Pub. L. 106-113 added par. (5).
1998--Subsec. (a)(1)(D). Pub. L. 105-200, Sec. 102(b), added subpar.
(D).
Subsec. (a)(4). Pub. L. 105-200, Sec. 101(a), added par. (4).
Subsec. (a)(4)(C)(iii). Pub. L. 105-306 added cl. (iii).
Pub. L. 105-200, Sec. 201(f)(2)(B), made technical amendments to
references in original act which appear in text as references to section
658a(b)(4), section 658a(b)(6), and section 658a(b)(5)(B) of this title.
1997--Subsec. (a)(3)(B)(i). Pub. L. 105-33, Sec. 5555(a)(1),
inserted ``or system described in clause (iii)'' after ``each State''
and ``or system'' after ``the State''.
Subsec. (a)(3)(B)(iii). Pub. L. 105-33, Sec. 5555(a)(2), added cl.
(iii).
Subsec. (b). Pub. L. 105-33, Sec. 5546(b), redesignated subsec. (b),
relating to direct Federal funding to Indian tribes and tribal
organizations, as (f).
Subsec. (f). Pub. L. 105-33, Sec. 5546(c), amended heading and text
of subsec. (f) generally. Prior to amendment, text read as follows:
``The Secretary may, in appropriate cases, make direct payments under
this part to an Indian tribe or tribal organization which has an
approved child support enforcement plan under this subchapter. In
determining whether such payments are appropriate, the Secretary shall,
at a minimum, consider whether services are being provided to eligible
Indian recipients by the State agency through an agreement entered into
pursuant to section 654(34) of this title.''
Pub. L. 105-33, Sec. 5546(b), redesignated subsec. (b), relating to
direct Federal funding to Indian tribes and tribal organizations, as
(f).
1996--Subsec. (a)(1). Pub. L. 104-193, Sec. 344(c), which directed
repeal of Pub. L. 100-485, Sec. 123(c), was executed by restoring the
provisions of this section amended by Sec. 123(c) to read as if
Sec. 123(c) had not been enacted, to reflect the probable intent of
Congress. See 1988 Amendment note below.
Subsec. (a)(1)(B). Pub. L. 104-193, Sec. 344(b)(1)(A), as amended by
Pub. L. 106-169, added subpar. (B) and struck out former subpar. (B)
which read as follows: ``equal to 90 percent (rather than the percent
specified in subparagraph (A)) of so much of the sums expended during
such quarter as are attributable to the planning, design, development,
installation or enhancement of an automatic data processing and
information retrieval system (including in such sums the full cost of
the hardware components of such system) which the Secretary finds meets
the requirements specified in section 654(16) of this title, or meets
such requirements without regard to clause (D) thereof, and''.
Subsec. (a)(3). Pub. L. 104-193, Sec. 344(b)(1)(B), added par. (3).
Subsec. (b). Pub. L. 104-193, Sec. 375(b), added subsec. (b)
relating to direct Federal funding to Indian tribes and tribal
organizations.
Subsec. (e)(1). Pub. L. 104-193, Sec. 395(d)(1)(E), substituted
``noncustodial parents'' for ``absent parents''.
1988--Subsec. (a)(1). Pub. L. 100-485, Sec. 123(c), which directed
striking subpars. (A) and (B), redesignating subpar. (C) as (A),
striking ``(rather than the percentage specified in subparagraph (A))''
and inserting ``and'' after the semicolon in subpar. (A), and adding new
subpar. (B) which read ``equal to the percent specified in paragraph (2)
of the total amounts expended by such State during such quarter for the
operation of the plan approved under section 654 of this title;'', was
repealed by Pub. L. 104-193, Sec. 344(c).
Subsec. (a)(1)(C). Pub. L. 100-485, Sec. 112(a), added subpar. (C).
1984--Subsec. (a)(1). Pub. L. 98-378, Sec. 4(a)(1)-(5), designated
existing provisions as par. (1) and in par. (1) as so designated, struck
out ``, beginning with the quarter commencing July 1, 1975,'' after
``for each quarter'', substituted subpar. (A) for former par. (1) which
provided for an amount equal to 70 percent of the total amounts expended
by the State during the quarter for the operation of the plan approved
under section 654 of this title, struck out former par. (2) which
provided for an amount equal to 50 percent of the total amounts expended
by the State during the quarter for the operation of a plan which met
the conditions of section 654 of this title except as was provided by a
waiver by the Secretary which was granted pursuant to specific authority
set forth in the law, redesignated former par. (3) as subpar. (B) of
par. (1), and in subpar. (B) as so redesignated, substituted
``subparagraph (A)'' for ``clause (1) or (2)'', and inserted
``(including in such sums the full cost of the hardware components of
such system)'' and ``, or meets such requirements without regard to
clause (D) thereof''.
Subsec. (a)(2). Pub. L. 98-378, Sec. 4(a)(6), added par. (2). Former
par. (2) was struck out.
Subsec. (a)(3). Pub. L. 98-378, Sec. 4(a)(3), redesignated par. (3)
of subsec. (a) as subpar. (B) of subsec. (a)(1).
Subsec. (e). Pub. L. 98-378, Sec. 8, added subsec. (e).
1982--Subsec. (a)(1). Pub. L. 97-248, Sec. 174(a), substituted ``70
percent'' for ``75 percent''.
Subsec. (c). Pub. L. 97-248, Sec. 174(b), struck out subsec. (c)
which had provided that expenditures of courts of a State or its
political subdivisions in connection with performance of services
related to the operation of a plan approved under section 654 of this
title, would be included in determining the amounts expended by a State
during any quarter for the operation of such plan, that the aggregate
amount of such expenditures would be reduced by the total amount of
those expenditures made by a State for the 12-month period beginning on
Jan. 1, 1978, and that a State agency could, under State law, pay the
courts of the State from amounts received under subsec. (a) of this
section.
1981--Subsec. (a). Pub. L. 97-35, as amended by Pub. L. 97-248,
Sec. 171(b)(2), inserted provision that in determining the total amounts
expended by any State during a quarter, for purposes of this subsection,
there be excluded an amount equal to the total of any fees collected or
other income resulting from services provided under the plan approved
under this part.
1980--Subsec. (a). Pub. L. 96-611, Sec. 9(c), inserted provision
following par. (3) that no amount shall be paid to any State on account
of amounts expended to carry out an agreement which it has entered into
pursuant to section 663 of this title.
Pub. L. 96-611, Sec. 11(c), which was intended to make a technical
correction in par. (3) by substituting a period for the semicolon at the
end thereof, was not executed in view of the amendment by section 9(c)
of Pub. L. 96-611 inserting provision following par. (3).
Pub. L. 96-265, Sec. 405(a), added par. (3).
Pub. L. 96-178 struck out provisions following par. (2) prohibiting
payment to any State on account of furnishing child support collection
or paternity determination services (other than the parent locator
services) to individuals under section 654(6) of this title during any
period beginning after Sept. 30, 1978.
Subsec. (b)(2). Pub. L. 96-265, Sec. 407(a), substituted ``Subject
to subsection (d) of this section, the Secretary'' for ``The
Secretary''.
Subsecs. (c), (d). Pub. L. 96-265, Secs. 404(a), 407(b), added
subsecs. (c) and (d).
1977--Subsec. (a). Pub. L. 95-59 substituted ``September 30, 1978''
for ``June 30, 1977'' in provisions following par. (2).
1976--Subsec. (a). Pub. L. 94-365 substituted ``June 30, 1977'' for
``June 30, 1976''.
1975--Subsec. (a). Pub. L. 94-88, Secs. 201(c), 205, designated
existing provisions as subsec. (a), and inserted provisions authorizing
Secretary to pay to each State for each quarter beginning with the
quarter commencing July 1, 1975, an amount equal to 50 per cent of the
total amounts expended by such State during such quarter for the
operation of a plan which meets the conditions of section 654 of this
title except as is provided by a waiver by the Secretary which is
granted pursuant to specific authority set forth in the law.
Subsec. (b). Pub. L. 94-88, Sec. 205, added subsec. (b).
Effective Date of 1999 Amendments
Amendment by Pub. L. 106-169 effective as if included in the
enactment of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, Pub. L. 104-193, see section 401(q) of Pub.
L. 106-169, set out as a note under section 602 of this title.
Amendment by Pub. L. 106-113 effective Oct. 1, 1999, see section
1000(a)(4) [title VIII, Sec. 807(c)] of Pub. L. 106-113, set out as a
note under section 609 of this title.
Effective Date of 1998 Amendments
Pub. L. 105-306, Sec. 4(a)(2), Oct. 28, 1998, 112 Stat. 2927,
provided that: ``The amendment made by paragraph (1) of this subsection
[amending this section] shall take effect as if included in the
enactment of section 101(a) of the Child Support Performance and
Incentive Act of 1998 [Pub. L. 105-200, amending this section], and the
amendment shall be considered to have been added by section 101(a) of
such Act for purposes of section 201(f)(2)(B) of such Act [amending this
section].''
Pub. L. 105-200, title II, Sec. 201(f)(3), July 16, 1998, 112 Stat.
658, provided that: ``The amendments made by this subsection [amending
this section, renumbering section 658a as section 658 of this title, and
repealing former section 658 of this title] shall take effect on October
1, 2001.''
Effective Date of 1997 Amendment
Amendment by Pub. L. 105-33 effective as if included in the
enactment of title III of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996, Pub. L. 104-193, see section
5557 of Pub. L. 105-33, set out as a note under section 608 of this
title.
Effective Date of 1996 Amendment
For effective date of amendment by Pub. L. 104-193, see section
395(a)-(c) of Pub. L. 104-193, set out as a note under section 654 of
this title.
Effective Date of 1988 Amendment
Section 112(b) of Pub. L. 100-485 provided that: ``The amendments
made by subsection (a) [amending this section] shall apply with respect
to laboratory costs incurred on or after October 1, 1988.''
Section 123(c) of Pub. L. 100-485 which provided that the amendment
made by that section was effective Sept. 30, 1995, was repealed by Pub.
L. 104-193, title III, Sec. 344(c), Aug. 22, 1996, 110 Stat. 2237.
Effective Date of 1984 Amendment
Amendment by section 4(a) of Pub. L. 98-378 applicable to fiscal
years after fiscal year 1983, see section 4(c) of Pub. L. 98-378, set
out as a note under section 652 of this title.
Amendment by section 6(b) of Pub. L. 98-378 applicable with respect
to quarters beginning on or after Oct. 1, 1984, see section 6(c) of Pub.
L. 98-378, set out as a note under section 654 of this title.
Effective Date of 1982 Amendment
Amendment by section 171(b)(2) of Pub. L. 97-248 effective on and
after Aug. 13, 1981, see section 171(c) of Pub. L. 97-248, set out as a
note under section 503 of this title.
Section 174(d) of Pub. L. 97-248 provided that: ``The amendment made
by subsection (a) [amending this section] shall apply with respect to
quarters beginning on or after October 1, 1982. Subsection (b) [amending
this section] shall apply with respect to quarters beginning on or after
October 1, 1983; and the amendment made by subsection (c) [amending
section 658 of this title] shall apply with respect to amounts collected
on or after October 1, 1983.''
Effective Date of 1981 Amendment
Amendment by Pub. L. 97-35 effective Oct. 1, 1981, except as
otherwise specifically provided, see section 2336 of Pub. L. 97-35, set
out as a note under section 651 of this title.
Effective Date of 1980 Amendments
Section 404(b) of Pub. L. 96-265 provided that: ``The amendment made
by subsection (a) [amending this section] shall apply with respect to
expenditures made by States on or after July 1, 1980.''
Amendment by section 405(a) of Pub. L. 96-265 effective July 1,
1981, and to be effective only with respect to expenditures, referred to
in subsec. (a)(3) of this section, made on or after such date, see
section 405(e) of Pub. L. 96-265, set out as a note under section 652 of
this title.
Section 407(d) of Pub. L. 96-265 provided that: ``The amendments
made by this section [amending this section and section 603 of this
title] shall be effective in the case of calendar quarters commencing on
or after January 1, 1981.''
Section 2(b) of Pub. L. 96-178, as amended Pub. L. 96-272, title
III, Sec. 301(a), June 17, 1980, 94 Stat. 527, provided that: ``This
section [amending this section] shall become effective on the date of
the enactment of this Act [Jan. 2, 1980], and shall apply with respect
to services furnished on or after October 1, 1978.''
Effective Date of 1975 Amendment
Amendment by Pub. L. 94-88 effective Aug. 1, 1975, unless otherwise
provided, see section 210 of Pub. L. 94-88, set out as a note under
section 654 of this title.
Temporary Limitation on Payments Under Special Federal Matching Rate
Section 344(b)(2) of Pub. L. 104-193, as amended by Pub. L. 105-33,
title V, Sec. 5555(b), Aug. 5, 1997, 111 Stat. 637, provided that:
``(A) In general.--The Secretary of Health and Human Services may
not pay more than $400,000,000 in the aggregate under section
455(a)(3)(B) of the Social Security Act [subsec. (a)(3)(B) of this
section] for fiscal years 1996 through 2001.
``(B) Allocation of limitation among states.--The total amount
payable to a State or a system described in subparagraph (C) under
section 455(a)(3)(B) of such Act for fiscal years 1996 through 2001
shall not exceed the limitation determined for the State or system by
the Secretary of Health and Human Services in regulations.
``(C) Allocation formula.--The regulations referred to in
subparagraph (B) shall prescribe a formula for allocating the amount
specified in subparagraph (A) among States with plans approved under
part D of title IV of the Social Security Act [this part], and among
systems that have been approved by the Secretary to receive enhanced
funding pursuant to the Family Support Act of 1988 (Public Law 100-485;
102 Stat. 2343) for the purpose of developing a system that meets the
requirements of sections 454(16) (as in effect on and after September
30, 1995) and 454A [probably means sections 454(16) and 454A of the
Social Security Act which are classified to sections 654(16) and 654a,
respectively, of this title], including systems that have received
funding for such purpose pursuant to a waiver under section 1115(a)
[probably means section 1115(a) of the Social Security Act which is
classified to section 1315(a) of this title], which shall take into
account--
``(i) the relative size of such State and system caseloads under
part D of title IV of the Social Security Act [this part]; and
``(ii) the level of automation needed to meet the automated data
processing requirements of such part.''
Payments to States for Certain Expenses Incurred During July 1975
Section 206 of Pub. L. 94-88 provided that amounts expended in good
faith by any State during July 1975 in certain ways in preparation for
or implementation of the child support program under this part were to
be considered for purposes of this section, to the extent that payment
for the expenses incurred would have been made under the terms of this
section, had the amendment by section 101 of Pub. L. 93-647 been
effective on July 1, 1975, to have been expended by the State for the
operation of the State plan or for the conduct of activities specified
in this section.
Section Referred to in Other Sections
This section is referred to in sections 655a, 658a, 1315 of this
title; title 2 section 906.