United States Code (Last Updated: May 24, 2014) |
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 |
§ 655. Payments to States
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(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 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. (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.
References In Text
The Family Support Act of 1988, referred to in subsec. (a)(3)(B)(iii), is Pub. L. 100–485,
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
Amendments
2006—Subsec. (a)(1). Pub. L. 109–171, § 7309(a), inserted “from amounts paid to the State under section 658a of this title or” before “to carry out an agreement” in concluding provisions.
Subsec. (a)(1)(C). Pub. L. 109–171, § 7308(a), substituted “66 percent” for “90 percent (rather than the percentage specified in subparagraph (A))”.
1999—Subsec. (a)(1)(B). Pub. L. 106–169 amended Pub. L. 104–193, § 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, § 102(b), added subpar. (D).
Subsec. (a)(4). Pub. L. 105–200, § 101(a), added par. (4).
Subsec. (a)(4)(C)(iii). Pub. L. 105–306 added cl. (iii).
Pub. L. 105–200, § 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, § 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, § 5555(a)(2), added cl. (iii).
Subsec. (b). Pub. L. 105–33, § 5546(b), redesignated subsec. (b), relating to direct Federal funding to Indian tribes and tribal organizations, as (f).
Subsec. (f). Pub. L. 105–33, § 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, § 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, § 344(c), which directed repeal of Pub. L. 100–485, § 123(c), was executed by restoring the provisions of this section amended by § 123(c) to read as if § 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, § 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, § 344(b)(1)(B), added par. (3).
Subsec. (b). Pub. L. 104–193, § 375(b), added subsec. (b) relating to direct Federal funding to Indian tribes and tribal organizations.
Subsec. (e)(1). Pub. L. 104–193, § 395(d)(1)(E), substituted “noncustodial parents” for “absent parents”.
1988—Subsec. (a)(1). Pub. L. 100–485, § 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, § 344(c).
Subsec. (a)(1)(C). Pub. L. 100–485, § 112(a), added subpar. (C).
1984—Subsec. (a)(1). Pub. L. 98–378, § 4(a)(1)–(5), designated existing provisions as par. (1) and in par. (1) as so designated, struck out “, beginning with the quarter commencing
Subsec. (a)(2). Pub. L. 98–378, § 4(a)(6), added par. (2). Former par. (2) was struck out.
Subsec. (a)(3). Pub. L. 98–378, § 4(a)(3), redesignated par. (3) of subsec. (a) as subpar. (B) of subsec. (a)(1).
Subsec. (e). Pub. L. 98–378, § 8, added subsec. (e).
1982—Subsec. (a)(1). Pub. L. 97–248, § 174(a), substituted “70 percent” for “75 percent”.
Subsec. (c). Pub. L. 97–248, § 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
1981—Subsec. (a). Pub. L. 97–35, as amended by Pub. L. 97–248, § 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, § 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, § 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, § 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
Subsec. (b)(2). Pub. L. 96–265, § 407(a), substituted “Subject to subsection (d) of this section, the Secretary” for “The Secretary”.
Subsecs. (c), (d). Pub. L. 96–265, §§ 404(a), 407(b), added subsecs. (c) and (d).
1977—Subsec. (a). Pub. L. 95–59 substituted “
1976—Subsec. (a). Pub. L. 94–365 substituted “
1975—Subsec. (a). Pub. L. 94–88, §§ 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
Subsec. (b). Pub. L. 94–88, § 205, added subsec. (b).
Effective Date Of Amendment
Pub. L. 109–171, title VII, § 7308(b),
Pub. L. 109–171, title VII, § 7309(b),
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
Pub. L. 105–306, § 4(a)(2),
Pub. L. 105–200, title II, § 201(f)(3),
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.
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.
Pub. L. 100–485, title I, § 112(b),
Pub. L. 100–485, title I, § 123(c),
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
Amendment by section 171(b)(2) of Pub. L. 97–248 effective on and after
Pub. L. 97–248, title I, § 174(d),
Amendment by Pub. L. 97–35 effective
Pub. L. 96–265, title IV, § 404(b),
Amendment by section 405(a) of Pub. L. 96–265 effective
Pub. L. 96–265, title IV, § 407(d),
Pub. L. 96–178, § 2(b),
Amendment by Pub. L. 94–88 effective
Miscellaneous
Pub. L. 111–5, div. B, title II, § 2104,
Pub. L. 104–193, title III, § 344(b)(2),
Pub. L. 94–88, title II, § 206,