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United States Code (Last Updated: May 24, 2014) |
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Title 42. THE PUBLIC HEALTH AND WELFARE |
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Chapter 7. SOCIAL SECURITY |
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SubChapter IV. GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE SERVICES |
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Part E. Federal Payments for Foster Care and Adoption Assistance |
§ 674. Payments to States
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(a) Amounts For each quarter beginning after September 30, 1980 , each State which has a plan approved under this part shall be entitled to a payment equal to the sum of—(1) an amount equal to the Federal medical assistance percentage (which shall be as defined in section 1396d(b) of this title, in the case of a State other than the District of Columbia, or 70 percent, in the case of the District of Columbia) of the total amount expended during such quarter as foster care maintenance payments under section 672 of this title for children in foster family homes or child-care institutions (or, with respect to such payments made during such quarter under a cooperative agreement or contract entered into by the State and an Indian tribe, tribal organization, or tribal consortium for the administration or payment of funds under this part, an amount equal to the Federal medical assistance percentage that would apply under section 679c(d) of this title (in this paragraph referred to as the “tribal FMAP”) if such Indian tribe, tribal organization, or tribal consortium made such payments under a program operated under that section, unless the tribal FMAP is less than the Federal medical assistance percentage that applies to the State); plus (2) an amount equal to the Federal medical assistance percentage (which shall be as defined in section 1396d(b) of this title, in the case of a State other than the District of Columbia, or 70 percent, in the case of the District of Columbia) of the total amount expended during such quarter as adoption assistance payments under section 673 of this title pursuant to adoption assistance agreements (or, with respect to such payments made during such quarter under a cooperative agreement or contract entered into by the State and an Indian tribe, tribal organization, or tribal consortium for the administration or payment of funds under this part, an amount equal to the Federal medical assistance percentage that would apply under section 679c(d) of this title (in this paragraph referred to as the “tribal FMAP”) if such Indian tribe, tribal organization, or tribal consortium made such payments under a program operated under that section, unless the tribal FMAP is less than the Federal medical assistance percentage that applies to the State); plus (3) subject to section 672(i) of this title an amount equal to the sum of the following proportions of the total amounts expended during such quarter as found necessary by the Secretary for the provision of child placement services and for the proper and efficient administration of the State plan— (A) 75 per centum of so much of such expenditures as are for the training (including both short- and long-term training at educational institutions through grants to such institutions or by direct financial assistance to students enrolled in such institutions) of personnel employed or preparing for employment by the State agency or by the local agency administering the plan in the political subdivision, (B) 75 percent of so much of such expenditures (including travel and per diem expenses) as are for the short-term training of current or prospective foster or adoptive parents or relative guardians, the members of the staff of State-licensed or State-approved child care institutions providing care, or State-licensed or State-approved child welfare agencies providing services, to children receiving assistance under this part, and members of the staff of abuse and neglect courts, agency attorneys, attorneys representing children or parents, guardians ad litem, or other court-appointed special advocates representing children in proceedings of such courts, in ways that increase the ability of such current or prospective parents, guardians, staff members, institutions, attorneys, and advocates to provide support and assistance to foster and adopted children and children living with relative guardians, whether incurred directly by the State or by contract, (C) 50 percent of so much of such expenditures as are for the planning, design, development, or installation of statewide mechanized data collection and information retrieval systems (including 50 percent of the full amount of expenditures for hardware components for such systems) but only to the extent that such systems— (i) meet the requirements imposed by regulations promulgated pursuant to section 679(b)(2) of this title; (ii) to the extent practicable, are capable of interfacing with the State data collection system that collects information relating to child abuse and neglect; (iii) to the extent practicable, have the capability of interfacing with, and retrieving information from, the State data collection system that collects information relating to the eligibility of individuals under part A of this subchapter (for the purposes of facilitating verification of eligibility of foster children); and (iv) are determined by the Secretary to be likely to provide more efficient, economical, and effective administration of the programs carried out under a State plan approved under part B of this subchapter or this part; and (D) 50 percent of so much of such expenditures as are for the operation of the statewide mechanized data collection and information retrieval systems referred to in subparagraph (C); and (E) one-half of the remainder of such expenditures; plus (4) an amount equal to the amount (if any) by which— (A) the lesser of— (i) 80 percent of the amounts expended by the State during the fiscal year in which the quarter occurs to carry out programs in accordance with the State application approved under section 677(b) of this title for the period in which the quarter occurs (including any amendment that meets the requirements of section 677(b)(5) of this title); or (ii) the amount allotted to the State under section 677(c)(1) of this title for the fiscal year in which the quarter occurs, reduced by the total of the amounts payable to the State under this paragraph for all prior quarters in the fiscal year; exceeds (B) the total amount of any penalties assessed against the State under section 677(e) of this title during the fiscal year in which the quarter occurs; plus (5) an amount equal to the percentage by which the expenditures referred to in paragraph (2) of this subsection are reimbursed of the total amount expended during such quarter as kinship guardianship assistance payments under section 673(d) of this title pursuant to kinship guardianship assistance agreements. (b) Quarterly estimates of State’s entitlement for next quarter; payments; United States’ pro rata share of amounts recovered as overpayment; allowance, disallowance, or deferral of claim (1) The Secretary shall, prior to the beginning of each quarter, estimate the amount to which a State will be entitled under subsection (a) of this section for such quarter, such estimates to be based on (A) a report filed by the State containing its estimate of the total sum to be expended in such quarter in accordance with subsection (a) of this section, and stating the amount appropriated or made available by the State and its political subdivisions for such expenditures in such quarter, and if such amount is less than the State’s proportionate share of the total sum of such estimated expenditures, the source or sources from which the difference is expected to be derived, (B) records showing the number of children in the State receiving assistance under this part, and (C) such other investigation as the Secretary may find necessary. (2) The Secretary shall then pay to the State, in such installments as he may determine, the amounts so estimated, reduced or increased to the extent of any overpayment or underpayment which the Secretary determines was made under this section to such State for any prior quarter and with respect to which adjustment has not already been made under this subsection. (3) The pro rata share to which the United States is equitably entitled, as determined by the Secretary, of the net amount recovered during any quarter by the State or any political subdivision thereof with respect to foster care and adoption assistance furnished under the State plan shall be considered an overpayment to be adjusted under this subsection. (4) (A) Within 60 days after receipt of a State claim for expenditures pursuant to subsection (a) of this section, the Secretary shall allow, disallow, or defer such claim. (B) Within 15 days after a decision to defer such a State claim, the Secretary shall notify the State of the reasons for the deferral and of the additional information necessary to determine the allowability of the claim. (C) Within 90 days after receiving such necessary information (in readily reviewable form), the Secretary shall— (i) disallow the claim, if able to complete the review and determine that the claim is not allowable, or (ii) in any other case, allow the claim, subject to disallowance (as necessary)— (I) upon completion of the review, if it is determined that the claim is not allowable; or (II) on the basis of findings of an audit or financial management review. (c) Automated data collection expenditures The Secretary shall treat as necessary for the proper and efficient administration of the State plan all expenditures of a State necessary in order for the State to plan, design, develop, install, and operate data collection and information retrieval systems described in subsection (a)(3)(C) of this section, without regard to whether the systems may be used with respect to foster or adoptive children other than those on behalf of whom foster care maintenance payments or adoption assistance payments may be made under this part.
(d) Reduction for violation of plan requirement (1) If, during any quarter of a fiscal year, a State’s program operated under this part is found, as a result of a review conducted under section 1320a–2a of this title, or otherwise, to have violated paragraph (18) or (23) of section 671(a) of this title with respect to a person or to have failed to implement a corrective action plan within a period of time not to exceed 6 months with respect to such violation, then, notwithstanding subsection (a) of this section and any regulations promulgated under section 1320a–2a(b)(3) of this title, the Secretary shall reduce the amount otherwise payable to the State under this part, for that fiscal year quarter and for any subsequent quarter of such fiscal year, until the State program is found, as a result of a subsequent review under section 1320a–2a of this title, to have implemented a corrective action plan with respect to such violation, by— (A) 2 percent of such otherwise payable amount, in the case of the 1st such finding for the fiscal year with respect to the State; (B) 3 percent of such otherwise payable amount, in the case of the 2nd such finding for the fiscal year with respect to the State; or (C) 5 percent of such otherwise payable amount, in the case of the 3rd or subsequent such finding for the fiscal year with respect to the State. In imposing the penalties described in this paragraph, the Secretary shall not reduce any fiscal year payment to a State by more than 5 percent. (2) Any other entity which is in a State that receives funds under this part and which violates paragraph (18) or (23) of section 671(a) of this title during a fiscal year quarter with respect to any person shall remit to the Secretary all funds that were paid by the State to the entity during the quarter from such funds. (3) (A) Any individual who is aggrieved by a violation of section 671(a)(18) of this title by a State or other entity may bring an action seeking relief from the State or other entity in any United States district court. (B) An action under this paragraph may not be brought more than 2 years after the date the alleged violation occurred. (4) This subsection shall not be construed to affect the application of the Indian Child Welfare Act of 1978 [25 U.S.C. 1901 et seq.]. (e) Discretionary grants for educational and training vouchers for youths aging out of foster care From amounts appropriated pursuant to section 677(h)(2) of this title, the Secretary may make a grant to a State with a plan approved under this part, for a calendar quarter, in an amount equal to the lesser of— (1) 80 percent of the amounts expended by the State during the quarter to carry out programs for the purposes described in section 677(a)(6) of this title; or (2) the amount, if any, allotted to the State under section 677(c)(3) of this title for the fiscal year in which the quarter occurs, reduced by the total of the amounts payable to the State under this subsection for such purposes for all prior quarters in the fiscal year. (f) Reduction for failure to submit required data (1) If the Secretary finds that a State has failed to submit to the Secretary data, as required by regulation, for the data collection system implemented under section 679 of this title, the Secretary shall, within 30 days after the date by which the data was due to be so submitted, notify the State of the failure and that payments to the State under this part will be reduced if the State fails to submit the data, as so required, within 6 months after the date the data was originally due to be so submitted. (2) If the Secretary finds that the State has failed to submit the data, as so required, by the end of the 6-month period referred to in paragraph (1) of this subsection, then, notwithstanding subsection (a) of this section and any regulations promulgated under section 1320a–2a(b)(3) of this title, the Secretary shall reduce the amounts otherwise payable to the State under this part, for each quarter ending in the 6-month period (and each quarter ending in each subsequent consecutively occurring 6-month period until the Secretary finds that the State has submitted the data, as so required), by— (A) ⅙ of 1 percent of the total amount expended by the State for administration of foster care activities under the State plan approved under this part in the quarter so ending, in the case of the 1st 6-month period during which the failure continues; or (B) ¼ of 1 percent of the total amount so expended, in the case of the 2nd or any subsequent such 6-month period. (g) Continued services under waiver For purposes of this part, after the termination of a demonstration project relating to guardianship conducted by a State under section 1320a–9 of this title, the expenditures of the State for the provision, to children who, as of
September 30, 2008 , were receiving assistance or services under the project, of the same assistance and services under the same terms and conditions that applied during the conduct of the project, are deemed to be expenditures under the State plan approved under this part.
References In Text
The Indian Child Welfare Act of 1978, referred to in subsec. (d)(4), is Pub. L. 95–608,
Amendments
2008—Subsec. (a)(1), (2). Pub. L. 110–351, § 301(c)(2), inserted “(or, with respect to such payments made during such quarter under a cooperative agreement or contract entered into by the State and an Indian tribe, tribal organization, or tribal consortium for the administration or payment of funds under this part, an amount equal to the Federal medical assistance percentage that would apply under section 679c(d) of this title (in this paragraph referred to as the ‘tribal FMAP’) if such Indian tribe, tribal organization, or tribal consortium made such payments under a program operated under that section, unless the tribal FMAP is less than the Federal medical assistance percentage that applies to the State)” before semicolon.
Pub. L. 110–275 substituted “(which shall be as defined in section 1396d(b) of this title, in the case of a State other than the District of Columbia, or 70 percent, in the case of the District of Columbia)” for “(as defined in section 1396d(b) of this title)”.
Subsec. (a)(3)(B). Pub. L. 110–351, § 203(a), inserted “or relative guardians” after “adoptive parents”, substituted “, the members” for “and the members”, inserted “, or State-licensed or State-approved child welfare agencies providing services,” after “providing care”, struck out “foster and adopted” before “children receiving assistance”, inserted “and members of the staff of abuse and neglect courts, agency attorneys, attorneys representing children or parents, guardians ad litem, or other court-appointed special advocates representing children in proceedings of such courts,” after “part,”, inserted “guardians,” before “staff members,”, substituted “institutions, attorneys, and advocates” for “and institutions”, and inserted “and children living with relative guardians” before “, whether incurred directly”.
Subsec. (a)(4). Pub. L. 110–351, § 101(c)(3)(A), substituted “; plus” for period at end.
Subsec. (a)(5). Pub. L. 110–351, § 101(c)(3)(B), added par. (5).
Subsec. (g). Pub. L. 110–351, § 101(d), added subsec. (g).
2006—Subsec. (a)(3). Pub. L. 109–171 inserted “subject to section 672(i) of this title” before “an amount equal to” in introductory provisions.
2003—Subsec. (f). Pub. L. 108–145 added subsec. (f).
2002—Subsec. (a)(4). Pub. L. 107–133, § 201(f)(1), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “the lesser of—
“(A) 80 percent of the amount (if any) by which—
“(i) the total amount expended by the State during the fiscal year in which the quarter occurs to carry out programs in accordance with the State application approved under section 677(b) of this title for the period in which the quarter occurs (including any amendment that meets the requirements of section 677(b)(5) of this title); exceeds
“(ii) the total amount of any penalties assessed against the State under section 677(e) of this title during the fiscal year in which the quarter occurs; or
“(B) the amount allotted to the State under section 677 of this title for the fiscal year in which the quarter occurs, reduced by the total of the amounts payable to the State under this paragraph for all prior quarters in the fiscal year.”
Subsec. (e). Pub. L. 107–133, § 201(f)(2), added subsec. (e).
1999—Subsec. (a)(4). Pub. L. 106–169 amended par. (4) generally. Prior to amendment, par. (4) read as follows: “an amount equal to the sum of—
“(A) so much of the amounts expended by such State to carry out programs under section 677 of this title as do not exceed the basic amount for such State determined under section 677(e)(1) of this title; and
“(B) the lesser of—
“(i) one-half of any additional amounts expended by such State for such programs; or
“(ii) the maximum additional amount for such State under such section 677(e)(1) of this title.”
1998—Subsec. (a). Pub. L. 105–200, § 410(g), struck out “(subject to the limitations imposed by subsection (b) of this section)” after “this part” in introductory provisions.
Subsec. (d)(1), (2). Pub. L. 105–200, § 301(b), substituted “paragraph (18) or (23) of section 671(a) of this title” for “section 671(a)(18) of this title”.
Subsec. (e). Pub. L. 105–200, § 301(c), struck out subsec. (e) which read as follows: “Notwithstanding subsection (a) of this section, a State shall not be eligible for any payment under this section if the Secretary finds that, after
“(1) denied or delayed the placement of a child for adoption when an approved family is available outside of the jurisdiction with responsibility for handling the case of the child; or
“(2) failed to grant an opportunity for a fair hearing, as described in section 671(a)(12) of this title, to an individual whose allegation of a violation of paragraph (1) of this subsection is denied by the State or not acted upon by the State with reasonable promptness.”
1997—Subsec. (e). Pub. L. 105–89 added subsec. (e).
1996—Subsec. (d). Pub. L. 104–188 added subsec. (d).
1994—Subsec. (b). Pub. L. 103–432, § 207(a), (b)(2), redesignated subsec. (d) as (b) and struck out former subsec. (b) which related to maximum aggregate sums payable to any State and State allotments for fiscal years 1981 to 1992.
Subsec. (b)(4). Pub. L. 103–432, § 210(a), added par. (4).
Subsec. (c). Pub. L. 103–432, § 207(a), (b)(2), redesignated subsec. (e) as (c) and struck out former subsec. (c) which related to reimbursement for expenditures.
Subsec. (d). Pub. L. 103–432, § 207(b)(2), redesignated subsec. (d) as (b).
Subsec. (d)(1). Pub. L. 103–432, § 207(b)(1), substituted “subsection (a) of this section for such quarter” for “subsections (a), (b), and (c) of this section for such quarter” and “subsection (a) of this section” for “the provisions of such subsections”.
Subsec. (e). Pub. L. 103–432, § 207(b)(2), redesignated subsec. (e) as (c).
1993—Subsec. (a)(3)(B). Pub. L. 103–66, § 13713(a)(1)(A), struck out “and” at end.
Subsec. (a)(3)(C). Pub. L. 103–66, § 13713(b)(1), substituted “50 percent” for “75 percent” in two places in introductory provisions.
Pub. L. 103–66, § 13713(a)(1)(C), added subpar. (C). Former subpar. (C) redesignated (E).
Subsec. (a)(3)(D), (E). Pub. L. 103–66, § 13713(a)(1)(B), (C), added subpar. (D) and redesignated former subpar. (C) as (E).
Subsec. (e). Pub. L. 103–66, § 13713(a)(2), added subsec. (e).
1990—Subsec. (a)(3). Pub. L. 101–508 inserted “provision of child placement services and for the” before “proper and efficient”.
1989—Subsec. (a)(3)(B), (C). Pub. L. 101–239, § 8006(a), added subpar. (B) and redesignated former subpar. (B) as (C).
Subsec. (a)(4). Pub. L. 101–239, § 8002(c), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “an amount for transitional independent living programs as provided in section 677 of this title.”
Subsec. (b)(1). Pub. L. 101–239, § 10403(c)(1), amended Pub. L. 98–617, § 4(a)(1), see 1984 Amendment note below.
Pub. L. 101–239, § 8001(a), substituted “through 1992” for “through 1989”.
Subsec. (b)(2)(A)(iv). Pub. L. 101–239, § 10402(a), added cl. (iv).
Subsec. (b)(2)(B). Pub. L. 101–239, § 10403(c)(1), amended Pub. L. 98–617, § 4(a)(1), see 1984 Amendment note below.
Pub. L. 101–239, § 8001(a), substituted “through 1992” for “through 1989”.
Subsec. (b)(4)(B). Pub. L. 101–239, § 10403(c)(1), amended Pub. L. 98–617, § 4(a)(1), see 1984 Amendment note below.
Pub. L. 101–239, § 8001(a), substituted “through 1992” for “through 1989”.
Subsec. (b)(5)(A). Pub. L. 101–239, § 8001(a), substituted “1992” for “1989” in introductory provisions and in cl. (ii).
Subsec. (c)(1), (2). Pub. L. 101–239, § 8001(a), substituted “through 1992” for “through 1989”.
Subsec. (c)(4)(B), (C). Pub. L. 101–239, § 10401(a), substituted “$325,000,000” for “$266,000,000”.
1987—Subsec. (b)(1), (2)(A)(iii), (B), (4)(B). Pub. L. 100–203, § 9132(a)(1), substituted “through 1989” for “through 1987”.
Subsec. (b)(5)(A). Pub. L. 100–203, § 9132(a)(1), (2), substituted “
Subsec. (c)(1), (2). Pub. L. 100–203, § 9132(a)(3), substituted “through 1989” for “through 1987”.
1986—Subsec. (a)(3). Pub. L. 99–272, § 12307(c)(1), substituted “; plus” for period at end.
Subsec. (a)(4). Pub. L. 99–514 realigned margins of par. (4).
Pub. L. 99–272, § 12307(c)(2), added par. (4).
Subsec. (b)(1). Pub. L. 99–272, § 12306(a)(1), substituted “1987” for “1985”.
Subsec. (b)(2)(A). Pub. L. 99–272, § 12306(a)(2), substituted in cl. (iii) “each of the fiscal years 1983 through 1987” for “fiscal year 1983”, and struck out cls. (iv) and (v) relating to limitations with respect to fiscal years 1984 and 1985, respectively, if the appropriation for each of those years is equal to $266,000,000.
Subsec. (b)(2)(B), (4)(B). Pub. L. 99–272, § 12306(a)(1), substituted “1987” for “1985”.
Subsec. (b)(5)(A). Pub. L. 99–272, § 12306(a)(3), substituted “
Subsec. (c)(1), (2). Pub. L. 99–272, § 12306(b), substituted “1987” for “1985”.
1984—Subsec. (b)(1). Pub. L. 98–617, § 4(a)(1)(A), formerly § 4(a)(1), as redesignated and amended by Pub. L. 101–239, § 10403(c)(1), substituted “1985” for “1984” after “1981 through”.
Subsec. (b)(2)(A)(v). Pub. L. 98–617, § 4(a)(2), added cl. (v).
Subsec. (b)(2)(B). Pub. L. 98–617, § 4(a)(1)(B), formerly § 4(a)(1), as redesignated and amended by Pub. L. 101–239, § 10403(c)(1), substituted “1981 through 1985” for “1982 through 1984”.
Subsec. (b)(4)(A). Pub. L. 98–369, § 2663(c)(18)(A), substituted “subparagraph (C)” for “subparagraph (c)”.
Subsec. (b)(4)(B). Pub. L. 98–617, § 4(a)(1)(A), formerly § 4(a)(1), as redesignated and amended by Pub. L. 101–239, § 10403(c)(1), substituted “1985” for “1984” after “1981 through”.
Subsec. (b)(5)(A). Pub. L. 98–617, § 4(a)(3)(A), substituted “
Subsec. (b)(5)(A)(ii). Pub. L. 98–617, § 4(a)(3)(B), substituted “each of fiscal years 1984 and 1985” for “fiscal year 1984”.
Subsec. (c)(1), (2). Pub. L. 98–617, § 4(b), substituted “1985” for “1984” after “1981 through”.
Pub. L. 98–369, § 2663(c)(18)(B), substituted “relevant” for “relvant”.
Subsec. (d)(1). Pub. L. 98–369, § 2663(c)(18)(C), substituted “and (C) such” for “and (c) such” and “Secretary may find” for “secretary may find”.
1980—Subsec. (d). Pub. L. 96–611 added subsec. (d).
Effective Date Of Amendment
Amendment by section 301(c)(2) of Pub. L. 110–351 effective
Amendment by Pub. L. 110–351 effective
Pub. L. 110–275, title III, § 302(b),
Amendment by Pub. L. 109–171 effective as if enacted on
Amendment by Pub. L. 108–145 effective
Amendment by Pub. L. 107–133 effective
Amendment by section 301(b), (c) of Pub. L. 105–200 effective as if included in the enactment of section 202 of the Adoption and Safe Families Act of 1997, Pub. L. 105–89, see section 301(d) of Pub. L. 105–200, set out as a note under section 671 of this title.
Amendment by Pub. L. 105–89 effective
Pub. L. 103–432, title II, § 207(c),
Pub. L. 103–432, title II, § 210(b),
Pub. L. 103–66, title XIII, § 13713(a)(3),
Pub. L. 103–66, title XIII, § 13713(b)(2),
Pub. L. 101–508, title V, § 5071(b),
Pub. L. 101–239, title VIII, § 8001(b),
Pub. L. 101–239, title VIII, § 8002(e),
Pub. L. 101–239, title VIII, § 8006(b),
Pub. L. 101–239, title X, § 10401(b),
Pub. L. 101–239, title X, § 10402(b),
Pub. L. 101–239, title X, § 10403(c)(2),
Pub. L. 100–203, title IX, § 9132(b),
Amendment by Pub. L. 98–369 effective
Miscellaneous
For construction of amendment by section 301(c)(2) of Pub. L. 110–351, see section 301(d) of Pub. L. 110–351, set out as a note under section 671 of this title.
Pub. L. 110–351, title II, § 203(b),