SOCIAL SECURITY ACT-TITLE IV-GRANTS TO STATES FOR AID AND SERVICES TO
NEEDY FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE SERVICES
1/Title IV of the Social Security Act is administered by the
Department of Health and Human Services (formerly Department of Health,
Education, and Welfare). The Office of Family Assistance administers benefit
payments under Title IV, Parts A and C. The Administration for Public
Services, Office of Human Development Services, administers social services
under Title IV, Parts B and E. The Office of Child Support Enforcement
administers the child support program under Title IV, Part D.
Title IV appears in the United States Code as subchapter IV, chapter 7, Title 42.
Regulations of the Secretary of Health and Human Services relating to Title
IV are contained in chapters II, III, and XIII, Title 45, Code of Federal
Regulations. Regulations of the Secretary of Labor relating to Title IV are
contained in subtitle A, Title 29, and chapter 29, Title 41, Code of Federal
Regulations.
See Vol. II, 31 U.S.C. 3720 and 3720A with respect to collection of payments
due to Federal agencies.
See Vol II, 31 U.S.C. 6504-6505 with respect to intergovernmental cooperation.
See Vol. II, 31 U.S.C. 7501-7507 with respect to uniform audit requirements for
State and local governments receiving Federal financial assistance.
See Vol. II, P.L. 82-183, ""Revenue Act of 1951'', 618, for the ""Jenner Amendment''
which prohibits denial of grants-in-aid under certain conditions.
See Vol. II, P.L. 88-352, ""Civil Rights Act of 1964'', 601, for prohibition
against discrimination in federally assisted programs.
See Vol. II, P.L. 89-73, ""Older Americans Act of 1965'', 213, with respect
to eligibility for Federal surplus property.
See Vol. II, P.L. 89-97, ""Social Security Amendments of 1965'', 121(b),
with respect to restrictions on payment to a State receiving payments
under Title XIX.
See Vol. II, P.L. 93-247, ""Child Abuse Prevention and Treatment Act'',
4(b)(3) and 7, with respect to coordination between programs
related to child abuse and neglect.
See Vol. II, P.L. 94-241, [Covenant to Establish Northern Mariana Islands],
1, for 502(a)(1) of H.J. Res. 549, with respect to
participation by the Commonwealth of the Northern Mariana Islands on the
same basis as Guam.
See Vol. II, P.L. 97-300, ""Job Training Partnership Act'', 106(e)(2), with
respect to performance standards; 202(b)(3)(B), with respect to
governors' incentive grants; and 501-505, with respect to
the payment of a bonus for the successful job placement of certain
employable dependent individuals.
See Vol. II, P.L. 98-378, ""Child Support Enforcement Amendments of 1984'',
number 23, with respect to the sense of the Congress that State and
local governments should focus on the problems of child custody, child
support, and related domestic issues.
See Vol. II, P.L. 99-570, 11005(d), with respect to treatment of homeless
individuals eligible under SSI and Medicaid programs.
See Vol. II, P.L. 100-203, ""Omnibus Budget Reconciliation Act of 1987'',
9118, with respect to homeless AFDC families; 9121, with
respect to a demonstration project to test the operation of Washington
State's Family Independence Program; 9122, with respect to a
demonstration project to test a New York State program; and 9138, with
respect to a study of infants and children with AIDS in foster care (which
the Secretary shall conduct).
See Vol. II, P.L. 100-204, 724(d), with respect to furnishing information to
the United States Commission on Improving the Effectiveness of the United
Nations; and 725(b), with respect to the detailing of Government
personnel.
See Vol. II, P.L. 100-235, 5-8, with respect to responsibilities of each
Federal agency for computer systems security and privacy.
See Vol. II, P.L. 100-485, 126, with respect to a Commission on interstate
child support; 128, with respect to a study of child-rearing costs;
302(e), with respect to a study on effects of extending eligibility for
child care; 406, with respect to a study of new national approaches to
welfare benefits for low-income families with children; 501, with respect
to family support demonstration projects; 502, with respect to
demonstration projects to encourage States to employ parents receiving
AFDC as paid child care providers; 504, with respect to demonstration
projects to address child access problems; 505, with respect to
demonstration projects to expand the number of job opportunities
available to certain low-income individuals; 506, with respect to
demonstration projects to provide counseling and services to high-risk
teenagers; and 608(e), with respect to the extension of a pilot program.
See Vol. II, P.L. 100-690, 5301(a)(1)(C) and (d)(1)(B), with respect to
benefits of drug traffickers and possessors.
See Vol. II, P.L. 101-239, 8015, with respect to demonstration of effectiveness
of Minnesota family investment plan; 10404, with respect to a demonstration
project using volunteer senior aides to provide medical assistance and
support to families with disabled or ill children, 10406, with respect to
treatment of triennial reviews of State foster care protections for
fiscal years before October 1, 1990.
See Vol. II, P.L. 101-166, 204, with respect to abortions.
See Vol. II, P.L. 101-508, 13301 and 13302, with respect to the OASDI Trust
Funds.
TABLE OF CONTENTS OF TITLE
2/This table of contents does not appear in the law.
Part A-Aid to Families With Dependent Children
Page
Sec. 401. Appropriation........................................... 252
Sec. 402. State plans for aid and services to needy families with
children.............................................. 252
Sec. 403. Payment to States....................................... 278
Sec. 404. Operation of State plans................................ 288
Sec. 405. Use of payments for benefit of child.................... 289
Sec. 406. Definitions............................................. 289
Sec. 407. Dependent children of unemployed parents................ 293
Sec. 408. AFDC quality control system............................. 298
Sec. 409. Exclusion from AFDC unit of child for whom Federal, State
or local foster care maintenance of adoption assistance
payments are made ...................................... 305
Sec. 410. Food stamp distribution................................. 306
[Sec. 411. Repealed.].............................................. 306
Sec. 412. Prorating shelter allowance of AFDC family living with
another household........................................ 306
Sec. 413. Technical assistance for developing management informa-
tion systems............................................. 306
[Sec. 414. Repealed.].............................................. 306
Sec. 415. Attribution of sponsor's income and resources to alien.. 306
Sec. 416. Fraud control........................................... 309
Sec. 417. Assistant Secretary for Family Support.................. 310
Part B-Child Welfare Services
Sec. 420. Appropriation........................................... 310
Sec. 421. Allotments to States.................................... 310
Sec. 422. State plans for child welfare services.................. 311
Sec. 423. Payment to States....................................... 312
Sec. 424. Reallotment............................................. 313
Sec. 425. Definitions............................................. 313
Sec. 426. Research, training, or demonstration projects........... 314
Sec. 427. Foster care protection required for additional Federal
payments................................................ 316
Sec. 428. Payments to Indian tribal organizations................. 317
[Part C - 430-445. Repealed.]
Part D-Child Support and Establishment of
Paternity
Sec. 451. Appropriation........................................... 317
Sec. 452. Duties of the Secretary................................. 318
Sec. 453. Parent Locator Service.................................. 323
Sec. 454. State plan for child and spousal support................ 325
Sec. 455. Payments to States...................................... 330
Sec. 456. Support obligations..................................... 332
Sec. 457. Distribution of proceeds................................ 333
Sec. 458. Incentive payments to States............................ 335
Sec. 459. Consent by the United States to garnishment and similar
proceedings for enforcement of child support and
alimony obligations..................................... 337
Sec. 460. Civil actions to enforce support obligations............ 338
Sec. 461. Regulations pertaining to garnishments.................. 338
Sec. 462. Definitions............................................. 339
Sec. 463. Use of Federal Parent Locator Service in connection with
the enforcement or determination of child custody and
in cases of parental kidnaping of a child............... 341
Sec. 464. Collection of past-due support from Federal tax refunds. 342
Sec. 465. Allotments from pay for child and spousal support owed
by members of the uniformed services on active duty..... 345
Sec. 466. Requirement of statutorily prescribed procedures to
improve effectiveness of child support enforcement...... 346
Sec. 467. State guidelines for child support awards............... 353
Sec. 468. Encouragement of States to adopt simple civil process
for voluntarily acknowledging paternity and a civil
procedure for establishing paternity in contested
cases................................................... 354
Sec. 469. Collection and reporting of child support enforcement
data.................................................... 354
Part E-Federal Payments for Foster Care and Adoption
Assistance
Sec. 470. Purpose: appropriation.................................. 354
Sec. 471. State plan for foster care and adoption assistance...... 355
Sec. 472. Foster care maintenance payments program................ 357
Sec. 473. Adoption assistance program............................. 360
Sec. 474. Payments to States; allotments to States................ 362
Sec. 475. Definitions............................................. 368
Sec. 476. Technical assistance; data collection and evaluation.... 370
Sec. 477. Independent living initiatives.......................... 371
[Sec. 478. Repealed]............................................... 374
Sec. 479. Collection of data relating to adoption and foster care. 374
Part F-Job Opportunities and Basic Skills Training Program
Sec. 481. Purpose and definitions................................... 376
a) Purpose................................................... 376
b) Meaning of terms.......................................... 376
Sec. 482. Establishment and operation of State programs............. 376
a) State plans for job opportunities and basic skills
training programs......................................... 376
b) Assessment and review of needs and skills of participants;
employability plan........................................ 377
c) Provision of program and employment information........... 378
d) Services and activities under the program................. 378
e) Work supplementation program.............................. 379
f) Community work experience program......................... 382
g) Job search program........................................ 383
h) Dispute resolution procedures............................. 384
i) Special provisions relating to Indian tribes.............. 384
Sec. 483. Coordination requirements................................. 386
Sec. 484. Provisions generally applicable to provision of services.. 387
Sec. 485. Contract authority........................................ 388
Sec. 486. Initial State evaluations................................. 388
Sec. 487. Performance standards..................................... 389
Part A-Aid to Families With Dependent Children
APPROPRIATION
Section 401 . [42 U.S.C. 601] For the purpose of encouraging the care of
dependent children in their own homes or in the homes of relatives by
enabling each State to furnish financial assistance and rehabilitation and
other services, as far as practicable under the conditions in such State,
to needy dependent children and the parents or relatives with whom they are
living to help maintain and strengthen family life and to help such parents
or relatives to attain or retain capability for the maximum self-support
and personal independence consistent with the maintenance of continuing
parental care and protection, there is hereby authorized to be appropriated
for each fiscal year a sum sufficient to carry out the purposes of this
part. The sums made available under this section shall be used for making
payments to States which have submitted, and had approved by the Secretary,
State plans for aid and services to needy families with children.
STATE PLANS FOR AID AND SERVICES TO NEEDY FAMILIES WITH CHILDREN
Sec. 402 . [42 U.S.C. 602] (a) A State plan for aid and services to needy
families with children must-
(1) provide that it shall be in effect in all political subdivisions of
the State, and, if administered by them, be mandatory upon them;
(2) provide for financial participation by the State;
(3) either provide for the establishment or designation of a single
State agency to administer the plan, or provide for the establishment or
designation of a single State agency to supervise the administration of the
plan;
(4) provide for granting an opportunity for a fair hearing before the
State agency to any individual whose claim for aid to families with
dependent children is denied or is not acted upon with reasonable
promptness;
(5) provide such methods of administration (including after January 1,
1940, methods relating to the establishment and maintenance of personnel
standards on a merit basis, except that the Secretary shall exercise no
authority with respect to the selection, tenure of office, and compensation
of any individual employed in accordance with such methods) as are found by
the Secretary to be necessary for the proper and efficient operation of the
plan;
(6) provide that the State agency will make such reports, in such form
and containing such information, as the Secretary may from time to time
require, and comply with such provisions as the Secretary may from time to
time find necessary to assure the correctness and verification of such
reports;
(7) except as may be otherwise provided in paragraph (8) or (31) and
section 415, provide that the State agency-
(A) shall, in determining need, take into consideration any other
income and resources of any child or relative claiming aid to families with
dependent children, or of any other individual (living in the same home as
such child and relative) whose needs the State determines
should be considered in determining the need of the child or relative
claiming such aid;
(B) shall determine ineligible for aid any family the combined value
of whose resources (reduced by any obligations or debts with respect to
such resources) exceeds $1,000 or such lower amount as the State may
determine, but not including as a resource for purposes of this
subparagraph 4
(i) a home owned and occupied by such child, relative, or other
individual and so much of the family member's ownership interest in one
automobile as does not exceed such amount as the Secretary may
prescribe,
(ii) under regulations prescribed by the Secretary, burial plots (one
for each such child, relative, and other individual), and funeral
agreements or
(iii) for such period or periods of time as the Secretary may prescribe,
real property which the family is making a good-faith effort to dispose
of, but any aid payable to the family for any such period shall be
conditioned upon such disposal, and any payments of such aid for that
period shall (at the time of the disposal) be considered overpayments to
the extent that they would not have been made had the disposal occurred
at the beginning of the period for which the payments of such aid were
made; and
(C) may, in the case of a family claiming or receiving aid under this
part for any month, take into consideration as income (to the extent the
State determines appropriate, as specified in such plan,
and notwithstanding any other provision of law)-
(i) an amount not to exceed the value of the family's monthly
allotment of food stamp coupons, to the extent such value duplicates the
amount for food included in the maximum amount that would be payable under
the State plan to a family of the same composition with no other income;
and
(ii) an amount not to exceed the value of any rent or housing
subsidy provided to such family, to the extent such value
duplicates the amount for housing included in the maximum amount
that would be payable under the State plan to a family of the same
composition with no other income; 5
(8) (A) provide that, with respect to any month, in making the
determination under paragraph (7), the State agency-
(i) shall disregard all of the earned income of each dependent child
receiving aid to families with dependent children who is (as determined by
the State in accordance with standards prescribed by the
Secretary) a full-time student or a part-time student who is not a
full-time employee attending a school, college, or university, or a
course of vocational or technical training designed to fit him for
gainful employment;
(ii) shall disregard from the earned income of any child or relative
applying for or receiving aid to families with dependent children, or of
any other individual (living in the same home as such relative and child)
whose needs are taken into account in making such determination, the
first $90 6 of the total of such earned income for such month;
(iii) after applying the other clauses of this subparagraph, 7
shall disregard from the earned income of any child, relative, or other
individual specified in clause (ii), an amount equal to expenditures for
care in such month for a dependent child, or an incapacitated individual
living in the same home as the dependent child, receiving aid to families
with dependent children and requiring such care for such month, to the
extent that such amount (for each such dependent child or incapacitated
individual) does not exceed $175 8 (or such lesser amount as the Secretary
may prescribe in the case of an individual not engaged in full-time
employment or not employed throughout the month), or, in the case such
child is under age 2, $200 9
(iv) shall disregard from the earned income of any child or relative
receiving aid to families with dependent children, or of any other
individual (living in the same home as such relative and child)whose needs
are taken into account in making such determination, an amount
equal to (I) the first $30 of the total of such earned income not
disregarded under any other clause of this subparagraph plus(II)one-third
of the remainder thereof 10 (v)may disregard the income of any dependent
child applying for or receiving aid to families with dependent children
which is derived from a program carried out under the Job Training
Partnership Act 11 (as originally enacted) 12 but only in such amounts, and
for such period of time (not to exceed six months with respect to earned
income) as the Secretary may provide in regulations;
(vi) shall disregard the first $50 of any child support payments for such
month received in that month, and the first $50 of child support
payments for each prior month received in that month if such payments were
made by the absent parent in the month when due, with respect to the
dependent child or children in any family applying for or receiving aid to
families with dependent children (including support payments collected and
paid to the family under section 457(b));
(vii) may disregard all or any part of the earned income of a dependent
child who is a full-time student and who is applying for aid to families
with dependent children, but only if the earned income of such child is
excluded for such month in determining the family's total income under
paragraph (18); and
(viii)shall disregard any refund of Federal income taxes made to a family
receiving aid to families with dependent children by reason of
section 32 of the Internal Revenue Code of 1986 (relating to earned income
tax credit) and any payment made to such a family by an employer under
section 3507 of such Code (relating to advance payment of earned income
credit); and 13
(B) provide that (with respect to any month) the State agency-
(i) shall not disregard, under clause (ii), (iii), or (iv) of
subparagraph (A), any earned income of any one of the persons specified in
subparagraph (A)(ii) if such person-
(I) terminated his employment or reduced his earned income without good
cause within such period (of not less than thirty days) preceding such
month as may be prescribed by the Secretary;
(II) refused without good cause, with in such period preceding such month
as may be prescribed by the Secretary, to accept employment in which he is
able to engage which is offered through the public employment offices of
the State, or is otherwise offered by an employer if the offer of such
employer is determined by the State or local agency administering the State
plan, after notification by the employer, to be a bona fide offer of
employment; or
(III) failed without good cause to make a timely report (as prescribed by
the State plan pursuant to paragraph (14)) to the State agency of earned
income received in such month; and
(ii)(I) shall not disregard-
(a) under subclause (II) of subparagraph(A)(iv), in a case where such
subclause has already been applied to the income of the persons involved
for four consecutive months while they were receiving aid under the plan,
or
(b) under subclause (I) of subparagraph (A)(iv), in a case where such
subclause has already been applied to the income of the persons involved
for twelve consecutive months while they were receiving aid under the plan,
any earned income of any of the persons specified in subparagraph (A)(ii),
if, with respect to such month, the income of the persons so specified was
in excess of their need, as determined by the State agency pursuant to
paragraph(7) (without regard to subparagraph (A)(iv) of this paragraph),
unless the persons received aid under the plan in one or more of the four
months preceding such month; and
(II) in the case of the earned income of a person with respect to whom
subparagraph(A)(iv) has been applied for four consecutive months, shall not
apply the provisions of subclause(II) of such subparagraph to any month
after such month, or apply the provisions of subclause (I) of such
subparagraph to any month after the eighth month following such month, for
so long as he continues to receive aid under the plan, and shall not apply
the provisions of either such subclause to any month thereafter until the
expiration of an additional period of twelve consecutive months during
which he is not a recipient of such aid; and (C) provide that in
implementing this paragraph the term ""earned income'' shall mean gross
earned income, prior to any deductions for taxes or for any other purposes;
(9) provide safeguards which restrict the use or disclosure of information
concerning applicants or recipients to purposes directly connected with (A)
the administration of the plan of the State approved under this part
(including activities under part F) 14 the plan or program of the State
under part B 15, D or E 16 of this title or under title I, X, XIV, XVI, XIX,
or XX, or the supplemental security income program established by title
XVI,(B) any investigation, prosecution, or criminal or civil proceeding,
conducted in connection with the administration of any such plan or
program, (C) the administration of any other Federal or federally assisted
program which provides assistance, in cash or in kind, or services,
directly to individuals on the basis of need, 17 and (D) any audit or
similar activity conducted in connection with the administration of any
such plan or program by any governmental entity which is authorized by law
to conduct such audit or activity, and (E) reporting and providing
information pursuant to paragraph (16) to appropriate authorities with
respect to known or suspected child abuse or neglect 18; and the safeguards
so provided shall prohibit disclosure, to any committee or legislative body
(other than an entity referred to in clause (D) with respect to an activity
referred to in such clause), of any information which identifies by name or
address any such applicant or recipient; but such safeguards shall not
prevent the State agency or the local agency responsible for the
administration of the State plan in the locality (whether or not the State
has enacted legislation allowing public access to Federal welfare records)
from furnishing a State or local law enforcement officer, upon his request,
with the current address of any recipient if the officer furnishes the
agency with such recipient's name and social security account number and
satisfactorily demonstrates that such recipient is a fugitive felon, that
the location or apprehension of such felon is within the officer's official
duties, and that the request is made in the proper exercise of those
duties; 19
(10)(A) provide that all individuals wishing to make application for aid to
families with dependent children shall have opportunity to do so, and that
aid to families with dependent children shall, subject to paragraphs (25)
and (26), be furnished with reasonable promptness to all eligible
individuals; and
(B) provide that an application for aid under the plan will be effective no
earlier than the date such application is filed with the State agency or
local agency responsible for the administration of the State plan,and the
amount payable for the month in which the application becomes effective, if
such application becomes effective after the first day of such month, shall
bear the same ratio to the amount which would be payable if the application
had been effective on the first day of such month as the number of days in
the month including and following the effective date of the application
bears to the total number of days in such month;
(11) provide for prompt notice (including the transmittal of all relevant
information) to the State child support collection agency (established
pursuant to part D of this title) of the furnishing of aid to families with
dependent children with respect to a child who has been deserted or
abandoned by a parent (including a child born out of wedlock without regard
to whether the paternity of such child has been established);
(12) provide, effective October 1, 1950, that no aid will be furnished any
individual under the plan with respect to any period with respect to which
he is receiving old-age assistance under the State plan approved under
section 2 of this Act;
(13) with respect to families who are required to report monthly to the
State agency pursuant to paragraph (14) (and at the option of the State
with respect to other families), provide that-20
(A) except as provided in subparagraph (B), the State agency (i) will
determine a family's eligibility for aid for a month on the basis of the
family's income, composition, resources, and other similar relevant
circumstances during such month, and (ii) will determine the amount of
such aid on the basis of the income and other relevant circumstances in
the first or, at the option of the State (but only where the Secretary
determines it to be appropriate, in the case of families who are
required to report monthly to the State agency pursuant to paragraph
(14)), second month preceding such month; and
(B) in the case of the first month, or at the option of the State (but
only where the Secretary determines it to be appropriate, in the case of
families who are required to report monthly to the State agency pursuant
to paragraph (14)), the first and second months, in a period of
consecutive months for which aid is payable, the State agency will
determine the amount of aid on the basis of the family's income and
other relevant circumstances in such first or second month;
(14) with respect to families in the category of recent work history or
earned income cases (and at the option of the State with respect to
families in other categories), (A) 21 provide that the State agency will
require each family to which it furnishes aid to families with dependent
children (or to which it would provide such aid but for paragraph (22) or
(32))to report, as a condition to the continued receipt of such aid (or to
continuing to be deemed to be a recipient of such aid), each month to the
State agency on-
(i) the income received, family composition, and other relevant
circumstances during the prior month; and
(ii) the income and resources it expects to receive, or any changes in
circumstances affecting continued eligibility or benefit amount, that it
expects to occur, in that month (or in future months);
except that 22 the State may select categories of recipients who may report
at specified less frequent intervals 23; and
(B) that, in addition to whatever action may be appropriate based on other
reports or information received by the State agency, the State agency will
take prompt action to adjust the amount of assistance payable, as may be
appropriate, on the basis of the information contained in the report (or
upon the failure of the family to furnish a timely report), and will give
an appropriate explanatory notice, concurrent with its action, to the
family;
(15) provide (A) for the development of a program, for each appropriate
relative and dependent child receiving aid under the plan and for each
appropriate individual (living in the same home as a relative and child
receiving such aid) whose needs are taken into account in making the
determination under paragraph(7), for preventing or reducing the incidence
of births out of wedlock and otherwise strengthening family life, and for
implementing such program by assuring that in all
appropriate cases (including minors who can be considered to be sexually
active) family planning services are offered to them and are provided
promptly (directly or under arrangements with others) to all individuals
voluntarily requesting such services, but acceptance of family planning
services provided under the plan shall be voluntary on the part of such
members and individuals and shall not be a prerequisite to eligibility for
or the receipt of any other service under the plan; and
(B) to the extent that services provided under this paragraph are
furnished by the staff of the State agency or the local agency
administering the State plan in each of the political subdivisions of the
State, for the establishment of a single organizational unit in such State
or local agency, as the case may be, responsible for the furnishing of such
services;
(16) provide that the State agency will -
(A) report to an appropriate agency or official, know or suspected
instances of physical of mental injury, sexual abuse or exploitation, or
negligent treatment or maltreatment of a child receiving and under this
part under circumstances which indicate that the child's health or
welfare is threatened thereby; and
(B) provide such information with respect to a situation described in
subparagraph (A) as the State agency may have; 24
(17) provide that if a child or relative applying for or receiving aid to
families with dependent children, or any other person whose need the State
considers when determining the income of a family, receives in any month an
amount of earned or unearned income which, together with all other income
for that month not excluded under paragraph (8), exceeds the State's
standard of need applicable to the family of which he is a member-
(A) such amount of income shall be considered income to such individual
in the month received, and the family of which such person is a member
shall be ineligible for aid under the plan for the whole number of
months that equals (i) the sum of such amount and all other income
received in such month, not excluded under paragraph (8), divided by
(ii) the standard of need applicable to such family, and
(B) any income remaining (which amount is less than the applicable
monthly standard) shall be treated as income received in the first month
following the period of ineligibility specified in subparagraph (A); 25
except that the State may at its option recalculate the period of
ineligibility otherwise determined under subparagraph (A) (but only with
respect to the remaining months in such period) in any one or more of
the following cases: (i) an event occurs which, had the family been
receiving aid under the State plan for the month of the occurrence,
would result in a change in the amount of aid payable for such month
under the plan,or (ii) the income received has become unavailable to the
members of the family for reasons that were beyond the control of such
members, or(iii) the family incurs, becomes responsible for, and pays
medical expenses (as allowed by the State) in a month of ineligibility
determined under subparagraph(A) (which expenses may be considered as an
offset against the amount of income received in the first month of such
ineligibility);
(18) provide that no family shall be eligible for aid under the plan for
any month if, for that month, the total income of the family (other than
payments under the plan), without application of paragraph (8), other than
paragraph (8)(A)(v) 24 exceeds 185 percent of the State's standard of need
for a family of the same composition, except that in determining the total
income of the family the State may exclude any earned income of a dependent
child who is a full-time student, in such amounts and for such period of
time (not to exceed 6 months) as the State may determine;
(19) provide-
(A) that the State has in effect and operation a job opportunities and
basic skills training program which meets the requirements of part F;
(B) that-
(i) the State will (except as otherwise provided in this
paragraph or part F), to the extent that the program is available in the
political subdivision involved and State resources otherwise permit-
(I) require all recipients of aid to families with dependent
children in such subdivision with respect to whom the State guarantees
child care in accordance with section 402(g) to participate in the program;
and
(II) allow applicants for and recipients of aid to families
with dependent children (and individuals who would be recipients of such
aid if the State had not exercised the option under section
407(b)(2)(B)(i)) 26 who are not required under subclause (I) to participate
in the program to do so on a voluntary basis;
(ii) in determining the priority of participation by individuals
from among those groups described in clauses (i), (ii), (iii), and (iv) of
section 403(l)(2)(B), the State will give first
consideration to applicants for or recipients of aid to families
with dependent children within any such group who volunteer to
participate in the program;
(iii) if an exempt participant drops out of the program without good
cause after having commenced participation in the program, he
or she shall thereafter not be given priority so long as other individuals
are actively seeking to participate; and
(iv) the State need not require or allow participation of an
individual in the program if as a result of such participation the amount
payable to the State for quarters in a fiscal year with respect to the
program would be reduced pursuant to section 403(l)(2);
(C) that an individual may not be required to participate in the
program if such individual-
(i) is ill, incapacitated, or of advanced age;
(ii) is needed in the home because of the illness or incapacity of
another member of the household;
(iii) subject to subparagraph (D)-
(I) is the parent or other relative of a child under 3 years of age
(or, if so provided in the State plan, under any age that is less than 3
years but not less than one year) who is personally providing care for the
child, or
(II) is the parent or other relative personally providing
care for a child under 6 years of age, if the State assures that child care
in accordance with section 402(g) will be guaranteed and that participation
in the program by the parent or relative will not be required for more than
20 hours a week;
(iv) works 30 or more hours a week;
(v) is a child who is under age 16 or attends, full-time, an
elementary, secondary, or vocational (or technical) school;
(vi) is pregnant if it has been medically verified that the child is
expected to be born in the month in which such
participation would otherwise be required or within the 6-month
period immediately following such month; or
(vii) resides in an area of the State where the program is not
available;
(D) that, in the case of a family eligible for aid to families with
dependent children by reason of the unemployment of the parent who is
the principal earner, subparagraph (C)(iii) shall apply only to one
parent, except that, in the case of such a family, the State may at
its option make such subparagraph inapplicable to both of the parents
(and require their participation in the program) if child care in
accordance with section 402(g) is guaranteed with respect to the
family;
(E) that-
(i) to the extent that the program is available in the political
subdivision involved and State resources otherwise permit, in the case of a
custodial parent who has not attained 20 years of age, has not successfully
completed a high-school education (or its equivalent), and is required to
participate in the program (including an individual who would otherwise be
exempt from participation in the program solely by reason of subparagraph
(C)(iii)), the State agency (subject to clause (ii)) will require such
parent to participate in an educational activity; and
(ii) the State agency may-
(I) require a parent described in clause (i) (notwithstanding the
part-time requirement in subparagraph (C)(iii)(II)) to
participate in educational activities directed toward the attainment of a
high school diploma or its equivalent on a full-time (as defined by the
educational provider) basis,
(II) establish criteria in accordance with regulations of the
Secretary under which custodial parents described in clause (i) who have
not attained 18 years of age may be exempted from the school attendance
requirement under such clause, or
(III) require a parent described in clause (i) who is age 18 or 19
to participate in training or work activities (in lieu of the educational
activities under such clause) if such parent fails to make good progress in
successfully completing such educational activities or if it is determined
(prior to any assignment of the individual to such educational
activities) pursuant to an educational assessment that participation in
such educational activities is inappropriate for such parent;
(F) that-
(i) if the parent or other caretaker relative or any dependent child
in the family is attending (in good standing) an institution of higher
education (as defined in section 481(a) of the Higher
Education Act of 1965), or a school or course of vocational or technical
training (not less than half time) consistent with the individual's
employment goals, and is making satisfactory progress in such institution,
school, or course, at the time he or she would otherwise commence
participation in the program under this section, such attendance may
constitute satisfactory participation in the program (by that caretaker or
child) so long as it continues and is consistent with such goals;
(ii) any other activities in which an individual described in clause
(i) participates may not be permitted to interfere with the
school or training described in that clause;
(iii) the costs of such school or training shall not constitute
federally reimbursable expenses for purposes of section 403; and
(iv) the costs of day care, transportation, and other services which
are necessary (as determined by the State agency) for such
attendance in accordance with section 402(g) are eligible for Federal
reimbursement;
(G) that-
(i) if an individual who is required by the provisions of this
paragraph to participate in the program or who is so required by
reason of the State's having exercised the option under subparagraph (D)
fails without good cause to participate in the program or refuses without
good cause to accept employment in which such individual is able to engage
which is offered through the public employment offices of the State, or is
otherwise offered by an employer if the offer of such employer is
determined to be a bona fide offer of employment-
(I) the needs of such individual (whether or not section 407
applies) shall not be taken into account in making the determination with
respect to his or her family under paragraph (7) of this subsection, and if
such individual is a parent or other caretaker relative, payments of aid
for any dependent child in the family in the form of payments of the
type described in section 406(b)(2) (which in such a case shall be without
regard to clauses (A) through (D) thereof) will be made unless the State
agency, after making reasonable efforts, is unable to locate an appropriate
individual to whom such payments can be made; and
(II) if such individual is a member of a family which is
eligible for aid to families with dependent children by reason of section
407, and his or her spouse is not participating in the program, the needs
of such spouse shall also not be taken into account in making such
determination;
(ii) any sanction described in clause (i) shall continue-
(I) in the case of the individual's first failure to comply, until
the failure to comply ceases;
(II) in the case of the individual's second failure to comply,
until the failure to comply ceases or 3 months (whichever is longer); and
(III) in the case of any subsequent failure to comply, until the
failure to comply ceases or 6 months (whichever is longer);
(iii) the State will promptly remind any individual whose failure to
comply has continued for 3 months, in writing, of the
individual's option to end the sanction by terminating such failure; and
(iv) no sanction shall be imposed under this subparagraph-
(I) on the basis of the refusal of an individual described in
subparagraph (C)(iii)(II) to accept employment, if the
employment would require such individual to work more than 20 hours a week,
or
(II) on the basis of the refusal of an individual to participate
in the program or accept employment, if child care (or day care for any
incapacitated individual living in the same home as a dependent child) is
necessary for an individual to participate in the program or accept
employment, such care is not available, and the State agency fails to
provide such care; and
(H) the State agency may require a participant in the program to
accept a job only if such agency assures that the family of such
participant will experience no net loss of cash income resulting from
acceptance of the job; and any costs incurred by the State agency as a
result of this subparagraph shall be treated as expenditures with
respect to which section 403(a)(1) or 403(a)(2) applies; 27
(20) provide that the State has in effect a State plan for foster care
and adoption assistance approved under part E of this title; 28
(21) provide-
(A) that, for purposes of this part, participation in a strike shall
not constitute good cause to leave, or to refuse to seek or accept
employment; and
(B)(i) that aid to families with dependent children is not payable to
a family for any month in which any caretaker relative with whom the child
is living is, on the last day of such month, participating
in a strike, and (ii) that no individual's needs shall be included in
determining the amount of aid payable for any month to a family under
the plan if, on the last day of such month, such individual is
participating in a strike;
(22) provide that the State agency will promptly take all necessary
steps to correct any overpayment or underpayment of aid under the State
plan, and, in the case of-
(A) an overpayment to an individual who is a current recipient of such
aid (including a current recipient whose overpayment occurred
during a prior period of eligibility), recovery will be made by repayment
by the individual or by reducing the amount of any future
aid payable to the family of which he is a member, except that such
recovery shall not result in the reduction of aid payable for any
month, such that the aid, when added to such family's liquid resources
and to its income (without application of paragraph (8)), is less than
90 percent of the amount payable under the State plan to a family of
the same composition with no other income (and, in the case of an
individual to whom no payment is made for a month solely by reason of
recovery of an overpayment, such individual shall be deemed to be a
recipient of aid for such month);
(B) an overpayment to any individual who is no longer receiving aid
under the plan, recovery shall be made by appropriate action under
State law against the income or resources of the individual or the
family; and
(C) an underpayment, the corrective payment shall be disregarded in
determining the income of the family, and shall be disregarded in
determining its resources in the month the corrective payment is made
and in the following month; except that no recovery need be attempted or
carried out under subparagraph (B) in any case, other than a case involving
fraud on the part of the recipient, where (as determined by the State
agency in accordance with criteria for determining cost-effectiveness, and
with dollar limitations, which shall be prescribed by the Secretary in
regulations) the cost of recovery would equal or exceed the amount of the
overpayment involved;
(23) provide that by July 1, 1969, the amounts used by the State to
determine the needs of individuals will have been adjusted to reflect fully
changes in living costs since such amounts were established, and any
maximums that the State imposes on the amount of aid paid to families will
have been proportionately adjusted;
(24) provide that if an individual is receiving benefits under title XVI
or his costs in a foster family home or child-care institution are covered
by the foster care maintenance payments being made to his or her minor
parent as provided in section 475(4)(B), then, for the period for which
such benefits are received or such costs are so covered,
such individual shall not be regarded as a member of a family for purposes
of determining the amount of the benefits of the family under this title
and his income and resources shall not be counted as income and resources
of a family under this title;
(25) provide that information is requested and exchanged for purposes of
income and eligibility verification in accordance with a State system which
meets the requirements of section 1137 of this Act;
(26) provide that, as a condition of eligibility for aid, each applicant
or recipient will be required-
(A) to assign the State any rights to support from any other person
such applicant may have (i) in his own behalf or in behalf of any other
family member for whom the applicant is applying for or
receiving aid, and (ii) which have accrued at the time such assignment is
executed;
(B) to cooperate with the State (i) in establishing the paternity of a
child born out of wedlock with respect to whom aid is claimed, and
(ii) in obtaining support payments for such applicant and for a child
with respect to whom such aid is claimed, or in obtaining any other
payments or property due such applicant or such child, unless (in either
case) such applicant or recipient is found to have good cause
for refusing to cooperate as determined by the State agency in
accordance with standards prescribed by the Secretary, which standards
shall take into consideration the best interests of the child on whose
behalf aid is claimed; and that, if the relative with whom a child is
living is found to be ineligible because of failure to comply with the
requirements of subparagraphs (A) and (B) of this paragraph, any aid
for which such child is eligible will be provided in the form of
protective payments as described in section 406(b)(2) (without regard
to clauses (A) through (D) of such section) unless the State agency,
after making reasonable efforts, is unable to locate an appropriate
individual to whom such payments can be made; and
(C) to cooperate with the State in identifying, and providing
information to assist the State in pursuing, any third party who may be
liable to pay for care and services available under the State's
plan for medical assistance under title XIX, unless such individual
has good cause for refusing to cooperate as determined by the State
agency in accordance with standards prescribed by the Secretary, which
standards shall take into consideration the best interests of the
individuals involved; but the State shall not be subject to an financial
penalty in the administration or enforcement of this
subparagraph as a result of any monitoring, quality control, or
auditing requirements;
(27) provide that the State has in effect a plan approved under part D
and operates a child support program in substantial compliance with such
plan;
(28) provide that, in determining the amount of aid to which an eligible
family is entitled, any portion of the amounts collected in any particular
month as child support pursuant to a plan approved under part D, and
retained by the State under section 457, which (under the State plan
approved under this part as in effect both during July 1975 and during that
particular month) would not have caused a reduction in the amount of aid
paid to the family if such amounts had been paid directly to the family,
shall be added to the amount of aid otherwise payable to such
family under the State plan approved under this part;
[(29) Repealed. 29]
(30) at the option of the State, provide for the establishment and
operation, in accordance with an (initial and annually updated) advance
automated 30 data processing planning document approved under subsection (e)
31 of an automated statewide management information system designed
effectively and efficiently, to assist management in the administration of
the State plan for aid to families with dependent children approved under
this part, so as
(A) to control and account for
(i) all the factors in the total eligibility determination process under
such plan for aid (including but not limited to
(I) identifiable correlation factors (such as social security numbers,
names, dates of birth, home addresses, and mailing addresses (including
postal ZIP codes), of all applicants and recipients of such aid and the
relative with whom any child who is such an applicant or recipient is
living) to assure sufficient compatibility among the systems of different
jurisdictions to permit periodic screening to determine whether an
individual is or has been receiving benefits from more than one
jurisdiction,
(II) checking records of applicants and recipients of such aid on a
periodic basis with other agencies, both intra- and inter-State, for
determination and verification of eligibility and payment pursuant to
requirements imposed by other provisions of this Act),
(ii) the costs, quality, and delivery of funds and services
furnished to applicants for and recipients of such aid,
(B) to notify the appropriate officials of child support, food stamp,
social service, and medical assistance programs approved under title XIX
whenever the case becomes ineligible or the amount of aid or services is
changed, and
(C) to provide for security against unauthorized access to, or use of,
the data in such system;
(31) provide that, in making the determination for any month under
paragraph (7), the State agency shall take into consideration so much of
the income of the dependent child's stepparent living in the same home as
such child as exceeds the sum of
(A) the first $75 of the total of such stepparent's earned income for
such month,
(B) the State's standard of need under such plan for a family of the
same composition as the stepparent and those other individuals living in
the same household as the dependent child and claimed by such stepparent as
dependents for purposes of determining his Federal personal income tax
liability but whose needs are not taken into account in making the
determination under paragraph (7),
(C) amounts paid by the stepparent to individuals not living in such
household and claimed by him as dependents for purposes of determining his
Federal personal income tax liability, and
(D) payments by such stepparent of alimony or child support with respect
to individuals not living in such household;
(32) provide that no payment of aid shall be made under the plan for any
month if the amount of such payment, as determined in accordance with the
applicable provisions of the plan and of this part, would be less than $10,
but an individual with respect to whom a payment of aid under the plan is
denied solely by reason of this paragraph is deemed to be a recipient of
aid but shall not be eligible to participate in a community work experience
program;
(33) provide that in order for any individual to be considered a
dependent child, a caretaker relative whose needs are to be taken into
account in making the determination under paragraph (7), or any other
person whose needs should be taken into account in making such a
determination with respect to the child or relative, such individual must
be either
(A) a citizen, or
(B) an alien lawfully admitted for permanent residence or otherwise
permanently residing in the United States under color of law (including any
alien who is lawfully present in the United States as a result of the
application of the provisions of section 207(c) of the Immigration and
Nationality Act 32 (or of section 203(a)(7) of such Act prior to April 1,
1980), or as a result of the application of the provisions of section 208
or 212(d)(5) of such Act);
(34) provide that both the standard of need applied to a family and the
amount of aid determined to be payable, when not a whole dollar amount,
shall be rounded to the next lower whole dollar amount;
[(35) Repealed.] 33
(36) provide, at the option of the State, that in making the
determination for any month under paragraph (7), the State agency shall not
include as income any support or maintenance assistance furnished to or on
behalf of the family which (as determined under regulations of the
Secretary by such State agency as the chief executive officer of the State
may designate) is based on need for such support and maintenance, including
assistance received to assist in meeting the costs of home energy
(including both heating and cooling), and which is (A) assistance
furnished in kind by a private nonprofit agency, or (B) assistance
furnished by a supplier of home heating oil or gas, by an entity whose
revenues are primarily derived on a rate-of-return basis regulated by a
State or Federal governmental entity, or by a municipal utility providing
home energy;
(37) provide that if any family becomes ineligible to receive aid to
families with dependent children because of hours of or income from
employment of the caretaker relative or because of paragraph
(8)(B)(ii)(II), having received such aid in at least 3 of the 6 months
immediately preceding the month in which such ineligibility begins, the
family shall remain eligible for medical assistance under the State's plan
approved under title XIX for an extended period or periods as provided in
section 1925, and that the family will be appropriately notified of such
extension (in the State agency's notice to the family of the termination
of its eligibility for such aid) as required by section 1925(a)(2);
34
(38) provide that in making the determination under paragraph (7) with
respect to a dependent child and applying paragraph (8), the State agency
shall (except as otherwise provided in this part) include-
(A) any parent of such child, and
(B) any brother or sister of such child, if such brother or sister
meets the conditions described in clauses (1) and (2) of section 406(a) or
in section 407(a) 35 if such parent, brother, or sister is living in the
same home as the dependent child, and any income of or available for such
parent, brother, or sister shall be included in making such determination
and applying such paragraph with respect to the family (notwithstanding
section 205(j), in the case of benefits provided under title II);
(39) provide that in making the determination under paragraph (7) with
respect to a dependent child whose parent 36 is under the age of 18, the
State agency shall (except as otherwise provided in this part) include any
income of such minor's own parents 37 who are living in the same home as
such minor and dependent child, to the same extent that income of a
stepparent is included under paragraph (31);
(40) provide, if the State has elected to establish and operate a fraud
control program under section 416, that the State will submit to the
Secretary (with such revisions as may from time to time be necessary) a
description of and budget for such program, and will operate such program
in full compliance with that section;
(41) provide that aid to families with dependent children will be
provided under the plan with respect to dependent children of unemployed
parents in accordance with section 407; 38
(42) provide that if, under section 407(b)(2)(B)(i), the State limits
the number of months for which a family may receive aid to families with
dependent children, the State shall provide medical assistance to all
members of the family under the State's plan approved under title XIX,
without time limitation; 39
(43) at the option of the State, provide that-
(A) subject to subparagraph (B), in the case of any individual who is
under the age of 18 and has never married, and who has a dependent
child in his or her care (or is pregnant and is eligible for aid to
families with dependent children under the State plan)-
(i) such individual may receive aid to families with dependent
children under the plan for the individual and such child (or for herself
in the case of a pregnant woman) only if such individual
and child (or such pregnant woman) reside in a place of residence
maintained by a parent, legal guardian, or other adult relative of
such individual as such parent's, guardian's, or adult relative's
own home, or reside in a foster home, maternity home, or other
adult-supervised supportive living arrangement; and
(ii) such aid (where possible) shall be provided to the parent,
legal guardian, or other adult relative on behalf of such
individual and child; and
(B) subparagraph (A) does not apply in the case where-
(i) such individual has no parent or legal guardian of his or her
own who is living and whose whereabouts are known;
(ii) no living parent or legal guardian of such individual allows
the individual to live in the home of such parent or
guardian;
(iii) the State agency determines that the physical or emotional
health or safety of such individual or such dependent child would be
jeopardized if such individual and such dependent child lived
in the same residence with such individual's own parent or legal
guardian;
(iv) such individual lived apart from his or her own parent or legal
guardian for a period of at least one year before either the
birth of any such dependent child or the individual having made
application for aid to families with dependent children under the plan; or
(v) the State agency otherwise determines (in accordance with
regulations issued by the Secretary) that there is good cause for waiving
such subparagraph; 40
(44) provide that the State agency shall-
(A) be responsible for assuring that the benefits and services under
the programs under this part, part D, and part F are furnished in an
integrated manner, and
(B) consistent with the provisions of this title, ensure that all
applicants for and recipients of aid to families with dependent children
are encouraged, assisted, and required to cooperate in the establishment of
paternity and the enforcement of child support obligations, and are
notified of the paternity establishment and child support services for
which they may be eligible; and 41
(45) provide (in accordance with regulations issued by the Secretary)
for appropriate measures to detect fraudulent applications for aid to
families with dependent children prior to the establishment of eligibility
for such aid. 42 The Secretary may waive any of the requirements imposed
under or in connection with paragraphs (13) and (14) of this subsection to
the extent necessary to make such requirements compatible with the
corresponding reporting and budgeting requirements by the Food Stamp Act of
1977 43, 44
(b) The Secretary shall approve any plan which fulfills the conditions
specified in subsection (a), except that he shall not approve any plan
which imposes as a condition of eligibility for aid to families with
dependent children, a residence requirement which denies aid with respect
to any child residing in the State
(1) who has resided in the State for one year immediately preceding the
application for such aid, or
(2) who was born within one year immediately preceding the application,
if the parent or other relative with whom the child is living has resided
in the State for one year immediately preceding the birth.
(c) The Secretary shall, on the basis of his review of the reports
received from the States under paragraph (15) of subsection (a), compile
such data as he believes necessary and from time to time publish his
findings as to the effectiveness of the programs developed and administered
by the States under such paragraph. The Secretary shall annually report to
the Congress (with the first such report being made on or before July 1,
1970) on the programs developed and administered by each State under such
paragraph (15).
[(d) Repealed.]45
(1) The Secretary shall not approve the initial and annually updated
advance automated data processing planning document, referred to in
subsection (a)(30), unless he finds that such document, when implemented,
will generally carry out the objectives of the statewide management system
referred to in such subsection, and such document-
(A) provides for the conduct of, and reflects the results of,
requirements analysis studies, which include consideration of the program
mission, functions, organization, services, constraints, and current
support, of, in, or relating to, such system,
(B) contains a description of the proposed statewide management system,
including a description of information flows, input data, and output
reports and uses,
(C) sets forth the security and interface requirements to be employed in
such statewide management system,
(D) describes the projected resource requirements for staff and other
needs, and the resources available or expected to be available to meet such
requirements,
(E) includes cost-benefit analyses of each alternative management
system, data processing services and equipment, and a cost allocation plan
containing the basis for rates, both direct and indirect, to be in effect
under such statewide management system,
(F) contains an implementation plan with charts of development events,
testing descriptions, proposed acceptance criteria, and backup and fallback
procedures to handle possible failure of contingencies, and
(G) contains a summary of proposed improvement of such statewide
management system in terms of qualitative and quantitative benefits.
(2)(A) The Secretary shall, on a continuing basis, review, assess, and
inspect the planning, design, and operation of, statewide management
information systems referred to in section 403(a)(3)(B), with a view to
determining whether, and to what extent, such systems meet and continue to
meet requirements imposed under such section and the conditions specified
under subsection (a)(30) of this section. If the Secretary finds with
respect to any statewide management information system referred to in
section 403(a)(3)(B) that there is a failure substantially to comply with
criteria, requirements, and other undertakings, prescribed by the advance
automated data processing planning document theretofore approved by the
Secretary with respect to such system, then the Secretary shall suspend his
approval of such document until there is no longer any such failure of such
system to comply with such criteria, requirements, and other undertakings
so prescribed. If the Secretary determines that such a system has not been
implemented by the State by the date specified for implementation in the
State's advance automated data processing planning document, then the
Secretary shall reduce payments to such State, in accordance with section
403(b), in an amount equal to 40 percent of the expenditures referred to in
section 403(a)(3)(B) with respect to which payments were made to the State
under section 403(a)(3)(B). The Secretary may extend the deadline for
implementation if the State demonstrates to the satisfaction of the
Secretary that the State cannot implement such system by the date specified
in such planning document due to circumstances beyond the State's control.
(f) (1) For temporary disqualification of certain newly legalized aliens
from receiving aid to families with dependent children, see subsection (h)
of section 245A of the Immigration and Nationality Act 46
subsection (f) of section 210 of such Act, and subsection (d)(7) of section
210A of such Act.
(2) In any case where an alien disqualified from receiving aid under such
subsection (h), (f), or (d)(7) is the parent of a child who is not so
disqualified and who (without any adjustment of status under such section
245A, 210, or 210A) is considered a dependent child under subsection
(a)(33), or is the brother or sister of such a child, subsection (a)(38)
shall not apply, and the needs of such alien shall not be taken into
account in making the determination under subsection (a)(7) with respect to
such child, but the income of such alien (if he or she is the parent of
such child) shall be included in making such determination to the same
extent that income of a stepparent is included under subsection (a)(31).
(g) (1)(A)
(i) 47 Each State agency must guarantee child care in accordance with
subparagraph (B)-
(I) 48 for each family with a dependent child requiring such care, to the
extent that such care is determined by the State agency to be necessary
for an individual in the family to accept employment or remain employed;
and
(II) 49 for each individual participating in an education and training
activity (including participation in a program that meets the
requirements of subsection (a)(19) and part F) if the State agency
approves the activity and determines that the individual is
satisfactorily participating in the activity.
(ii) Each State agency must guarantee child care, subject to the
limitations described in this section, to the extent that such care is
determined by the State agency to be necessary for an individual's
employment in any case where a family has ceased to receive aid to families
with dependent children as a result of increased hours of, or increased
income from, such employment or by reason of subsection (a)(8)(B)(ii)(II).
50
(iii) A family shall only be eligible for child care provided under clause
(ii) for a period of 12 months after the last month for which the family
received aid to families with dependent children under this part. 51
(iv) A family shall not be eligible for child care provided under clause
(ii) unless the family received aid to families with dependent 52 children
in at least 3 of the 6 months immediately preceding the month in which the
family became ineligible for such aid. 53
(v) A family shall not be eligible for child care provided under clause
(ii) unless the family includes a child who is, 54 (or, if needy, would be)
a dependent child. 55
(vi) A family shall not be eligible for child care provided under clause
(ii) for any month beginning after the caretaker relative who is a member
of the family has-
(I) without good cause, terminated his or her employment; or
(II) refused to cooperate with the State in establishing and enforcing
his or her child support obligations; without good cause as determined by
the State agency in accordance with standards prescribed by the Secretary
which shall take into consideration the best interest of the child for whom
child care is to be provided. 56 57
(vii) A family shall contribute to child care provided under clause (ii)
in accordance with a sliding scale formula which shall be established by
the State agency based on the family's ability to pay. 58
(B) The State agency may guarantee child care by-
(i) providing such care directly;
(ii) arranging the care through providers by use of purchase of service
contracts, or vouchers;
(iii) providing cash or vouchers in advance to the caretaker relative in
the family;
(iv) reimbursing the caretaker relative in the family; or
(v) adopting such other arrangements as the agency deems appropriate.
When the State agency arranges for child care, the agency shall take into
account the individual needs of the child.
(C)
(i) Subject to clause (ii), the State agency shall make payment for the
cost of child care provided with respect to a family in an amount that is
the lesser of-
(I) the actual cost of such care; and
(II) the dollar amount of the child care disregard for which the family
is otherwise eligible under subsection (a)(8)(A)(iii), or (if higher) an
amount established by the State.
(ii) The State agency may not reimburse the cost of child care provided
with respect to a family in an amount that is greater than the applicable
local market rate (as determined by the State in accordance with
regulations issued by the Secretary).
(D) The State may not make any change in its method of reimbursing child
care costs which has the effect of disadvantaging families receiving aid
under the State plan on the date of the enactment of this section, 59 by
reducing their income or otherwise.
(E) The value of any child care provided or arranged (or any amount
received as payment for such care or reimbursement for costs incurred for
the care) under this paragraph-
(i) shall not be treated as income for purposes of any other Federal or
federally-assisted program that bases eligibility for or the amount of
benefits upon need, and
(ii) may not be claimed as an employment-related expense for purposes of
the credit under section 21 of the Internal Revenue Code of 1986.
(2) In the case of any individual participating in the program under part
F, each State agency (in addition to guaranteeing child care under
paragraph (1)) shall provide payment or reimbursement for such
transportation and other work-related expenses (including other
work-related supportive services), as the State determines are necessary to
enable such individual to participate in such program.
(3)(A)
(i) 60 In the case of amounts expended for child care pursuant to
paragraph (1)(A) by any State to which section 1108 does not apply, the
applicable rate for purposes of section 403(a) shall be the Federal medical
assistance percentage (as defined in section 1905(b)).
(ii) In the case of amounts expended for child care pursuant to paragraph
(1)(A)(ii) (relating to the provision of child care for certain families
which cease to receive aid under this part) by any State to which section
1108 applies, the applicable rate for purposes of section 403(a) shall be
the Federal medical assistance percentage (as defined in section 1118). 61
(B) In the case of any amounts expended by the State agency for child care
under this subsection, only such amounts as are within such limits as the
State may prescribe (subject to the limitations of paragraph (1)(C)) shall
be treated as amounts for which payment may be made to a State under this
part and they may be so treated only to the extent that-
(i) such amounts do not exceed the applicable local market rate (as
determined by the State in accordance with regulations issued by the
Secretary);
(ii) the child care involved meets applicable standards of State and
local law; and
(iii)in the case of child care, the entity providing such care allows
parental access.
(4) The State must establish procedures to ensure that center-based child
care will be subject to State and local requirements designed to ensure
basic health and safety, including fire safety, protections. The State must
also endeavor to develop guidelines for family day care. The State must
provide the Secretary with a description of such State and local
requirements and guidelines.
(5) By October 1, 1992, the Secretary shall report to the Congress on the
nature and content of State and local standards for health and safety.
(6)(A) The Secretary shall make grants to States to improve their child
care licensing and registration requirements and procedures, to enforce
standards with respect to child care provided to children under this part,
and to provide for the training of child care providers. 62
(B) Subject to subparagraph (C), the Secretary shall make grants to each
State under subparagraph (A) in proportion to the number of children in the
State receiving aid under the State plan approved under subsection (a).
(C) The Secretary may not make grants to a State under subparagraph (A)
unless the State provides matching funds in an amount that is not less than
10 percent of the amount of the grant.
(D) For grants under this paragraph, there is authorized to be
appropriated to the Secretary $13,000,000 for each of the fiscal years 1990
and 1991, and $50,000,000 for each of fiscal years 1992, 1993, and 1994. 63
(E) Each State to which the Secretary makes a grant under this paragraph
shall expend not less than 50 percent of the amount of the grant to provide
for the training of child care providers. 64
(7) Activities under this section and subsection 65 shall be coordinated
in each State with existing early childhood education programs in that
State, including Head Start programs, preschool programs funded under
chapter 1 of the Education Consolidation and Improvement Act of 1981 66 and
school and nonprofit child care programs (including community-based
organizations receiving funds designated for preschool programs for
handicapped children). 67
(h) (1) Each State shall reevaluate the need standard and payment standard
under its plan at least once every 3 years, in accordance with a schedule
established by the Secretary, and report the results of the reevaluation to
the Secretary and the public at such time and in such form and manner as
the Secretary may require.
(2) The report required by paragraph (1) shall include a statement of-
(A) the manner in which the need standard of the State is determined,
(B) the relationship between the need standard and the payment standard
(expressed as a percentage or in any other manner determined by the
Secretary to be appropriate), and
(C) any changes in the need standard or the payment standard in the
preceding 3-year period.
(3) Not later than July 1, 1992, the Secretary shall issue a report on the
implementation of this subsection, based on information as has 68 been made
available to the Secretary by the States. 69
PAYMENT TO STATES 70
Sec. 403 . [42 U.S.C. 603] (a) From the sums appropriated there for, the
Secretary of the Treasury shall pay to each State which has an approved
plan for aid and services to needy families with children, for each
quarter, beginning with the quarter commencing October 1, 1958-
(1) in the case of any State other than Puerto Rico, the Virgin Islands,
Guam, and American Samoa, an amount equal to the sum of the following
proportions of the total amounts expended during such quarter as aid to
families with dependent children under the State plan-
(A) five-sixths of such expenditures, not counting so much of any
expenditure with respect to any month as exceeds the product of $18
multiplied by the total number of recipients of aid to families with
dependent children for such month (which total number, for purposes of
this subsection, means
(i) the number of individuals with respect to
whom such aid in the form of money payments is paid for such month,
plus (ii) the number of individuals, not counted under clause (i), with
respect to whom payments described in section 406(b)(2) are made in
such month and included as expenditures for purposes of this
paragraph or paragraph (2)); plus
(B) the Federal percentage of the amount by which such expenditures exceed
the maximum which may be counted under clause (A), not counting so much of
any expenditure with respect to any month as exceeds(i) the product of $32
multiplied by the total number of recipients of aid to families with
dependent children (other than such aid in the form of foster care) for
such month, plus
(ii) the product of $100 multiplied by the total number of recipients of
aid to families with dependent children in the form of foster care for such
month; and
(2) in the case of Puerto Rico, the Virgin Islands, Guam, and American
Samoa, an amount equal to one-half of the total of the sums expended during
such quarter as aid to families with dependent children under the State
plan, not counting so much of any expenditure with respect to any month as
exceeds $18 multiplied by the total number of recipients of such aid for
such month; and 71
(3) in the case of any State, 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 proper and efficient
administration of the State plan-
(A) 100 percent of so much of such expenditures as are for the costs of the
implementation and operation of the immigration status verification system
described in section 1137(d),
(B) 90 per centum of so much of the sums expended during such
quarter as are attributable to the planning, design, development, or
installation of such statewide mechanized claims processing and information
retrieval systems as (i) meet the conditions of section 402(a)(30),and
(ii) the Secretary determines are likely to provide more efficient,
economical, and effective administration of the plan and to be compatible
with the claims processing and information retrieval systems utilized in
the administration of State plans approved under title XIX, and State
programs with respect to which there is Federal financial participation
under title XX,
(C) 75 percent of so much of such expenditures as are for the costs
of carrying out a fraud control program under section 416, including
costs related to the investigation, prosecution, and administrative
hearing of fraudulent cases and the making of any resultant collections,
and
(D) one-half of the remainder of such expenditures (including any amounts
expended by the State to carry out initial evaluations under section
486(a)) 72 ; and 73 except that no payment shall be made with respect to
amounts expended in connection with the provision of any service described
in section 2002(a) of this Act other than services furnished pursuant to
section 402(g) 74 and
[(4) Repealed. 75]
(5) in the case of any State, an amount equal to 50 per centum of the
total amount expended under the State plan during such quarter as
emergency assistance to needy families with children. No payment shall be
made under this subsection with respect to amounts paid to supplement or
otherwise increase the amount of aid to families with dependent children
found payable in accordance with section 402(a)(13) if such amount is
determined to have been paid by the State in recognition of the current or
anticipated needs of a family (other than with respect to the first or
first and second months of eligibility), but any such amount, if determined
to have been paid by the State in recognition of the difference between the
current or anticipated needs of a family for a month based upon actual
income or other relevant circumstances for such month, and the needs of
such family for such month based upon income and other relevant
circumstances as retrospectively determined under section
402(a)(13)(A)(ii), shall not be considered income within the meaning of
section 402(a)(13) for the purpose of determining the amount of aid in the
succeeding months. 76
(b) The method of computing and paying such amounts shall be as follows:
(1) The Secretary shall, prior to the beginning of each quarter,
estimate the amount to be paid to the State for such quarter under the
provisions of subsection (a), such estimate 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, (B) records showing the number of
dependent children in the State, and (C) such other investigation as the
Secretary may find necessary.
(2) The Secretary shall then certify to the Secretary of the Treasury
the amount so estimated by the Secretary, (A) reduced or increased, as the
case may be, by any sum by which he finds that his estimate for any prior
quarter was greater or less than the amount which should have been paid to
the State for such quarter, (B) reduced by a sum equivalent to the pro
rata share to which the United States is equitably entitled, as determined
by the Secretary, of the net amount recovered during any prior quarter by
the State or any political subdivision thereof with respect to aid to
families with dependent children furnished under the State plan, and (C)
reduced by such amount as is necessary to provide the ""appropriate
reimbursement of the Federal Government'' that the State is required to
make under section 457 out of that portion of child support collections
retained by it pursuant to such section; except that such increases or
reductions shall not be made to the extent that such sums have been
applied to make the amount certified for any prior quarter greater or less
than the amount estimated by the Secretary for such prior quarter.
(3) The Secretary of the Treasury shall thereupon, through the Fiscal
Service of the Department of the Treasury and prior to audit or settlement
by the General Accounting Office, pay to the State, at the time or times
fixed by the Secretary, the amount so certified.
[(c) Repealed. 77]
[(d) Repealed. 78]
(e) In order to assist in obtaining the information needed to carry out
subsection (b)(1) and otherwise to perform his duties under this part, the
Secretary shall establish uniform reporting requirements under which each
State will be required periodically to furnish such information and data as
the Secretary may determine to be necessary to ensure that sections
402(a)(37), 402(a)(43), and 402(g)(1)(A), are being effectively
implemented, including at a minimum the average monthly number of families
assisted under each such section, the types of such families, the amounts
expended with respect to such families, and the length of time for which
such families are assisted. The information and data so furnished with
respect to families assisted under section 402(g) shall be separately
stated with respect to families who have earnings and those who do not, and
with respect to families who are receiving aid under the State plan and
those who are not.
(f) Notwithstanding any other provision of this section, the amount
payable to any State under this part for quarters in a fiscal year shall
with respect to quarters in fiscal years beginning after June 30, 1973, be
reduced by 1 per centum (calculated without regard to any reduction under
section 403(g)) of such amount if such State-
(1) in the immediately preceding fiscal year failed to carry out the
provisions of section 402(a)(15)(B) as pertain to requiring the offering
and arrangement for provision of family planning services; or
(2) in the immediately preceding fiscal year (but, in the case of the
fiscal year beginning July 1, 1972, only considering the third and fourth
quarters thereof), failed to carry out the provisions of section
402(a)(15)(B) of the Social Security Act with respect to any individual
who, within such period or periods as the Secretary may prescribe, has
been an applicant for or recipient of aid to families with dependent
children under the plan of the State approved under this part.
[(g) Repealed. 79]
(h) (1) Notwithstanding any other provision of this Act, if a State's
program operated under part D is found as a result of a review conducted
under section 452(a)(4) not to have complied substantially with the
requirements of such part for any quarter beginning after September 30,
1983, and the Secretary determines that the State's program is not
complying substantially with such requirements at the time such finding is
made, the amounts otherwise payable to the State under this part for such
quarter and each subsequent quarter, prior to the first quarter throughout
which the State program is found to be in substantial compliance with such
requirements, shall be reduced (subject to paragraph (2)) by-
(A) not less than one nor more than two percent, or
(B) not less than two nor more than three percent, if the finding is the
second consecutive such finding made as a result of such a review, or
(C) not less than three nor more than five percent, if the finding is
the third or a subsequent consecutive such finding made as a result of
such a review.
(2)(A) The reductions required under paragraph (1) shall be suspended for
any quarter if-
(i) the State submits a corrective action plan, within a period
prescribed by the Secretary following notice of the finding under
paragraph (1), which contains steps necessary to achieve substantial
compliance within a time period which the Secretary finds to be
appropriate;
(ii) the Secretary approves such corrective action plan (and any
amendments thereto) as being sufficient to achieve substantial compliance;
and
(iii) the Secretary finds that the corrective action plan (and any
amendment thereto approved by the Secretary under clause (ii)), is being
fully implemented by the State and that the State is progressing in
accordance with the timetable contained in the plan to achieve substantial
compliance with such requirements.
(B) A suspension of the penalty under subparagraph (A) shall continue
until such time as the Secretary determines that-
(i) the State has achieved substantial compliance,
(ii) the State is no longer implementing its corrective action plan, or
(iii) the State is implementing or has implemented its corrective action
plan but has failed to achieve substantial compliance within the
appropriate time period (as specified in subparagraph (A)(i)).
(C)(i) In the case of a State whose penalty suspension ends pursuant to
subparagraph (B)(i), the penalty shall not be applied.
(ii) In the case of a State whose penalty suspension ends pursuant to
subparagraph (B)(ii), the penalty shall be applied as if the suspension had
not occurred.
(iii) In the case of a State whose penalty suspension ends pursuant to
subparagraph (B)(iii), the penalty shall be applied to all quarters ending
after the expiration of the time period specified in such subparagraph (and
prior to the first quarter throughout which the State program is found to
be in substantial compliance).
(3) For purposes of this subsection, section 402(a)(27), and section
452(a)(4), a State which is not in full compliance with the requirements of
this part shall be determined to be in substantial compliance with such
requirements only if the Secretary determines that any noncompliance with
such requirements is of a technical nature which does not adversely affect
the performance of the child support enforcement program.
[(i) Repealed] 80
[(j) Repealed] 81
(k) (1) Each State with a plan approved under part F shall be entitled to
payments under subsection (l) for any fiscal year in an amount equal to the
sum of the applicable percentages (specified in such subsection) of its
expenditures to carry out the program under part F (subject to limitations
prescribed by or pursuant to such part or this section on expenditures that
may be included for purposes of determining payment under subsection (l)),
but such payments for any fiscal year in the case of any State may not
exceed the limitation determined under paragraph (2) with respect to the
State.
(2) The limitation determined under this paragraph with respect to a
State for any fiscal year is-
(A) the amount allotted to the State for fiscal year 1987 under part C
of this title as then in effect, plus
(B) the amount that bears the same ratio to the amount specified in
paragraph (3) for such fiscal year as the average monthly number of adult
recipients (as defined in paragraph (4)) in the State in the preceding
fiscal year bears to the average monthly number of such recipients in all
the States for such preceding year.
(3) The amount specified in this paragraph is-
(A) $600,000,000 in the case of the fiscal year 1989,
(B) $800,000,000 in the case of the fiscal year 1990,
(C) $1,000,000,000 in the case of each of the fiscal years 1991, 1992,
and 1993,
(D) $1,100,000,000 in the case of the fiscal year 1994,
(E) $1,300,000,000 in the case of the fiscal year 1995, and
(F) $1,000,000,000 in the case of the fiscal year 1996 and each
succeeding fiscal year, reduced by the aggregate amount allotted to all the
States for fiscal year 1987 pursuant to part C of this title as then in
effect.
(4) For purposes of this subsection, the term "adult recipient" in the
case of any State means an individual other than a dependent child (unless
such child is the custodial parent of another dependent child) whose needs
are met (in whole or in part) with payments of aid to families with
dependent children.
(5) None of the funds available to a State for purposes of the programs or
activities conducted under part F shall be used for construction. 82
(l) (1)(A) In lieu of any payment under subsection (a), the Secretary
shall pay to each State with a plan approved under section 482(a) (subject
to the limitation determined under section 482(i)(2)) with respect to
expenditures by the State to carry out a program under part F (including
expenditures for child care under section 402(g)(1)(A)(i) 83, but only in
the case of a State with respect to which section 1108 applies), an amount
equal to-
(i) with respect to so much of such expenditures in a fiscal year as do
not exceed the State's expenditures in the fiscal year 1987 with respect
to which payments were made to such State from its allotment for such
fiscal year pursuant to part C of this title as then in effect, 90
percent; and
(ii) with respect to so much of such expenditures in a fiscal year as
exceed the amount described in clause (i)-
(I) 50 percent, in the case of expenditures for administrative costs
made by a State in operating such a program for such fiscal year
(other than the personnel costs for staff employed full-time in the
operation of such program) and the costs of transportation and other
work-related supportive services under section 402(g)(2), and
(II) the greater of 60 percent or the Federal medical assistance
percentage (as defined in section 1118 in the case of any State to
which section 1108 applies, or as defined in section 1905(b) in the
case of any other State), in the case of expenditures made by a State
in operating such a program for such fiscal year (other than for costs
described in subclause (I)).
(B) With respect to the amount for which payment is made to a State under
subparagraph (A)(i), the State's expenditures for the costs of operating a
program established under part F may be in cash or in kind, fairly
evaluated.
(2)(A) Notwithstanding paragraph (1), the Secretary shall pay to a State
an amount equal to 50 percent of the expenditures made by such State in
operating its program established under part F (in lieu of any different
percentage specified in paragraph (1)(A)) if less than 55 percent of such
expenditures are made with respect to individuals who are described in
subparagraph (B).
(B) An individual is described in this paragraph if the individual-
(i)(I) is receiving aid to families with dependent children, and
(II) has received such aid for any 36 of the preceding 60 months;
(ii)(I) makes application for aid to families with dependent children,
and
(II) has received such aid for any 36 of the 60 months immediately
preceding the most recent month for which application has been made;
(iii) is a custodial parent under the age of 24 who (I) has not
completed a high school education and, at the time of application for aid
to families with dependent children, is not enrolled in high school (or a
high school equivalency course of instruction), or (II) had little or no
work experience in the preceding year; or
(iv) is a member of a family in which the youngest child is within 2
years of being ineligible for aid to families with dependent children
because of age.
(C) This paragraph may be waived by the Secretary with respect to any
State which demonstrates to the satisfaction of the Secretary that the
characteristics of the caseload in that State make it infeasible to meet
the requirements of this paragraph, and that the State is targeting other
long-term or potential long-term recipients.
(D) The Secretary shall biennially submit to the Congress any
recommendations for modifications or additions to the groups of individuals
described in subparagraph (B) that the Secretary determines would further
the goal of assisting long-term or potential long-term recipients of aid to
families with dependent children to achieve self-sufficiency, which
recommendations shall take into account the particular characteristics of
the populations of individual States.
(3)(A) Notwithstanding paragraph (1), the Secretary shall pay to a State
an amount equal to 50 percent of the expenditures made by such State in a
fiscal year in operating its program established under part F (in lieu of
any different percentage specified in paragraph (1)(A)) if the State's
participation rate (determined under subparagraph (B)) for the preceding
fiscal year does not exceed or equal-
(i) 7 percent if the preceding fiscal year is 1990;
(ii) 7 percent if such year is 1991;
(iii) 11 percent if such year is 1992;
(iv) 11 percent if such year is 1993;
(v) 15 percent if such year is 1994; and
(vi) 20 percent if such year is 1995.
(B)(i) The State's participation rate for a fiscal year shall be the
average of its participation rates for computation periods (as defined in
clause (ii)) in such fiscal year.
(ii) The computation periods shall be-
(I) the fiscal year, in the case of fiscal year 1990,
(II) the first six months, and the seventh through twelfth months, in
the case of fiscal year 1991,
(III) the first three months, the fourth through sixth months, the
seventh through ninth months, and the tenth through twelfth months, in the
case of fiscal years 1992 and 1993, and
(IV) each month, in the case of fiscal years 1994 and 1995.
(iii) The State's participation rate for a computation period shall be the
number, expressed as a percentage, equal to-
(I) the average monthly number of individuals required or allowed by the
State to participate in the program under part F who have participated in
such program in months in the computation period, plus the number of
individuals required or allowed by the State to participate in such
program who have so participated in that month in such period for which
the number of such participants is the greatest, divided by
(II) twice the average monthly number of individuals required to
participate in such period (other than individuals described in
subparagraph (C)(iii)(I) or (D) of section 402(a)(19) with respect to whom
the State has exercised its option to require their participation).
For purposes of this subparagraph, an individual shall not be considered to
have satisfactorily participated in the program under part F solely by
reason of such individual being registered to participate in such program.
(C) Notwithstanding any other provision of this paragraph, no State shall
be subject to payment under this paragraph (in lieu of paragraph (1)(A))
for failing to meet any participation rate required under this paragraph
with respect to any fiscal year before 1991.
(D) For purposes of this paragraph, an individual shall be determined to
have participated in the program under part F, if such individual has
participated in accordance with such requirements, consistent with
regulations of the Secretary, as the State shall establish.
(E) If the Secretary determines that the State has failed to achieve the
participation rate for any fiscal year specified in the numbered clauses of
subparagraph (A), he may waive, in whole or in part, the reduction in the
payment rate otherwise required by such subparagraph if he finds that-
(i) the State is in conformity with section 402(a)(19) and part F;
(ii) the State has made a good faith effort to achieve the applicable
participation rate for such fiscal year; and
(iii) the State has submitted a proposal which is likely to achieve the
applicable participation rate for the current fiscal year and the
subsequent fiscal years (if any) specified therein. 84
(4)(A)(i) Subject to subparagraph (B), in the case of any family eligible
for aid to families with dependent children by reason of the unemployment
of the parent who is the principal earner, the State agency shall require
that at least one parent in any such family participate, for a total of at
least 16 hours a week during any period in which either parent is required
to participate in the program, in a work supplementation program, a
community work experience or other work experience program, on-the-job
training, or a State designed work program approved by the Secretary, as
such programs are described in section 482(d)(1). In the case of a parent
under age 25 who has not completed high school or an equivalent course of
education, the State may require such parent to participate in educational
activities directed at the attainment of a high school diploma (or
equivalent) or another basic education program in lieu of one or more of
the programs specified in the preceding sentence.
(ii) For purposes of clause (i), an individual participating in a
community work experience program under section 482 shall be considered to
have met the requirement of such clause if he participates for the number
of hours in any month equal to the monthly payment of aid to families with
dependent children to the family of which he is a member, divided by the
greater of the Federal or the applicable State minimum wage (and the
portion of such monthly payment for which the State is reimbursed by a
child support collection shall not be taken into account in determining the
number of hours that such individual may be required to work).
(B) The requirement under subparagraph (A) shall not be considered to have
been met by any State if the requirement is not met with respect to the
following percentages of all families in the State eligible for aid to
families with dependent children by reason of the unemployment of the
parent who is the principal earner:
(i) 40 percent, in the case of the average of each month in fiscal year
1994,
(ii) 50 percent, in the case of the average of each month in fiscal year
1995,
(iii) 60 percent, in the case of the average of each month in fiscal
year 1996, and
(iv) 75 percent in the case of the average of each month in each of the
fiscal years 1997 and 1998.
(C) The percentage of participants for any month in a fiscal year for
purposes of the preceding sentence shall equal the average of-
(i) the number of individuals described in subparagraph (A)(i) who have
met the requirement prescribed therein, divided by
(ii) the total number of principal earners described in such
subparagraph (but excluding those in families who have been recipients of
aid for 2 months or less if, during the period that the family received
aid, at least one parent engaged in intensive job search).
(D) If the Secretary determines that the State has failed to meet the
requirement under subparagraph (A) (determined with respect to the
percentages prescribed in subparagraph (B)), he may waive, in whole or in
part, any penalty if he finds that-
(i) the State is operating a program in conformity with section
402(a)(19) and part F,
(ii) the State has made a good faith effort to meet the requirement of
subparagraph (A) but has been unable to do so because of economic
conditions in the State (including significant numbers of recipients
living in remote locations or isolated rural areas where the availability
of work sites is severely limited), or because of rapid and substantial
increases in the caseload that cannot reasonably be planned for, and
(iii) the State has submitted a proposal which is likely to achieve the
required percentage of participants for the subsequent fiscal years. 85
(m) (1) During the 12-month period beginning on July 1, 1988 (in this
subsection referred to as the ""moratorium period''), the Secretary shall
not impose any reductions in payments to States pursuant to subsection (i)
(or prior regulations), or pursuant to any comparable provision of law
relating to the programs under this part in Puerto Rico, Guam, the Virgin
Islands, American Samoa, or the Northern Mariana Islands.
(2) During the moratorium period-
(A) the Secretary and the States shall continue to operate the quality
control systems in effect under this part, and to calculate the error
rates under the provisions referred to in paragraph (1), including the
process of requesting and reviewing waivers; and
(B) the Departmental Grant Appeals Board shall, notwithstanding
paragraph (1), review disallowances for fiscal year 1981 and thereafter
and hear appeals with respect thereto (but collection of disallowances
owed as a result of Departmental Grant Appeals Board decisions shall not
occur).
(n)(1) In addition to any payment under subsection (a) or (l), each State
shall be entitled to payment from the Secretary of an amount equal to the
lesser of-
(A) the Federal medical assistance percentage (as defined in section
1905(b)) of the expenditures by the State in providing child care services
pursuant to section 402(i), and in administering the provision of such
child care services, for any fiscal year; and
(B) the limitation determined under paragraph (2) with respect to the
State for the fiscal year.
(2)(A) The limitation determined under this paragraph with respect to a
State for any fiscal year is the amount that bears the same ratio to the
amount specified in subparagraph (B) for such fiscal year as the number of
children residing in the State in the second preceding fiscal year bears to
the number of children residing in the United States in the second
preceding fiscal year.
(B) The amount specified in this subparagraph is-
(i) $300,000,000 for fiscal year 1991;
(ii) $300,000,000 for fiscal year 1992;
(iii)$300,000,000 for fiscal year 1993;
(iv) $300,000,000 for fiscal year 1994;
(v) $300,000,000 for fiscal year 1995, and for each fiscal year
thereafter.
(C) If the limitation determined under subparagraph (A) with respect to
a State for a fiscal year exceeds the amount paid to the State under this
subsection for the fiscal year, the limitation determined under this
paragraph with respect to the State for the immediately succeeding fiscal
year shall be increased by the amount of such excess.
(3) Amounts appropriated for a fiscal year to carry out this part shall
be made available for payments under this subsection for such fiscal year.
86
OPERATION OF STATE PLANS
Sec. 404 . [42 U.S.C. 604] (a) In the case of any State plan for aid and
services to needy families with children which has been approved by the
Secretary, if the Secretary, after reasonable notice and opportunity for
hearing to the State agency administering or supervising the administration
of such plan, finds-
(1) that the plan has been so changed as to impose any residence
requirement prohibited by section 402(b), or that in the administration of
the plan any such prohibited requirement is imposed, with the knowledge of
such State agency, in a substantial number of cases; or
(2) that in the administration of the plan there is a failure to comply
substantially with any provision required by section 402(a) to be included
in the plan; the Secretary shall notify such State agency that further
payments will not be made to the State (or, in his discretion, that
payments will be limited to categories under or parts of the State plan not
affected by such failure) until the Secretary is satisfied that such
prohibited requirement is no longer so imposed, and that there is no longer
any such failure to comply. Until he is so satisfied he shall make no
further payments to such State (or shall limit payments to categories under
or parts of the State plan not affected by such failure). 87
(b) No payment to which a State is otherwise entitled under this part for
any period before September 1, 1962, shall be withheld by reason of any
action taken pursuant to a State statute which requires that aid be denied
under the State plan approved under this part with respect to a child
because of the conditions in the home in which the child resides; nor shall
any such payment be withheld for any period beginning on or after such date
by reason of any action taken pursuant to such a statute if provision is
otherwise made pursuant to a State statute for adequate care and assistance
with respect to such child.
(c) No State shall be found, prior to January 1, 1977, to have failed
substantially to comply with the requirements of section 402(a)(27) if, in
the judgment of the Secretary, such State is making a good faith effort to
implement the program required by such section.
(d) After December 31, 1976, in the case of any State which is found to
have failed substantially to comply with the requirements of section
402(a)(27), the reduction in any amount payable to such State required to
be imposed under section 403(h) shall be imposed in lieu of any reduction,
with respect to such failure, which would otherwise be required to be
imposed under this section.
USE OF PAYMENTS FOR BENEFIT OF CHILD 88
Sec. 405 . [42 U.S.C. 605] Whenever the State agency has reason to believe
that any payments of aid to families with dependent children made with
respect to a child are not being or may not be used in the best interests
of the child, the State agency may provide for such counseling and guidance
services with respect to the use of such payments and the management of
other funds by the relative receiving such payments as it deems advisable
in order to assure use of such payments in the best interests of such
child, and may provide for advising such relative that continued failure to
so use such payments will result in substitution therefor of protective
payments as provided under section406(b)(2), or in seeking appointment of a
guardian or legal representative as provided in section 1111, or in the
imposition of criminal or civil penalties authorized under State law if it
is determined by a court of competent jurisdiction that such relative is
not using or has not used for the benefit of the child any such payments
made for that purpose; and the provision of such services or advice by the
State agency (or the taking of the action specified in such advice) shall
not serve as a basis for withholding funds from such State under section
404 and shall not prevent such payments with respect to such child from
being considered aid to families with dependent children.
DEFINITIONS
Sec. 406 . [42 U.S.C. 606] When used in this part-
(a) The term ""dependent child'' means a needy child (1) who has been
deprived of parental support or care by reason of the death, continued
absence from the home (other than absence occasioned solely by reason of
the performance of active duty in the uniformed services of the United
States), or physical or mental incapacity of a parent, and who is living
with his father, mother, grandfather, grandmother, brother, sister,
stepfather, stepmother, stepbrother, stepsister, uncle, aunt, first cousin,
nephew, or niece, in a place of residence maintained by one or more of such
relatives as his or their own home, and (2) who is (A) under the age of
eighteen, or (B) at the option of the State, under the age of nineteen and
a full-time student in a secondary school (or in the equivalent level of
vocational or technical training), if, before he attains age nineteen, he
may reasonably be expected to complete the program of such secondary school
(or such training);
(b) The term ""aid to families with dependent children'' means money
payments with respect to a dependent child or dependent children, or, at
the option of the State, a pregnant woman but only if it has been medically
verified that the child is expected to be born in the month such payments
are made or within the three-month period following such month of payment,
and who, if such child had been born and was living with her in the month
of payment, would be eligible for aid to families with dependent children,
and includes (1) money payments to meet the needs of the relative with whom
any dependent child is living (and the spouse of such relative if living
with him and if such relative is the child's parent and the child is a
dependent child by reason of the physical or mental incapacity of a parent
or is a dependent child under section 407), and (2) payments with respect
to any dependent child (including payments to meet the needs of the
relative, and the relative's spouse, with whom such child is living, and
the needs of any other individual living in the same home if such needs are
taken into account in making the determination under section 402(a)(7))
which do not meet the preceding requirements of this subsection, but which
would meet such requirements except that such payments are made to another
individual who (as determined in accordance with standards prescribed by
the Secretary) is interested in or concerned with the welfare of such child
or relative, or are made on behalf of such child or relative directly to a
person furnishing food, living accommodations, or other goods, services, or
items to or for such child, relative, or other individual, but only with
respect to a State whose State plan approved under section 402 includes
provision for-
(A) determination by the State agency that the relative of the child
with respect to whom such payments are made has such inability to manage
funds that making payments to him would be contrary to the welfare of the
child and, therefore, it is necessary to provide such aid with respect to
such child and relative through payments described in this clause (2);
(B) undertaking and continuing special efforts to develop greater
ability on the part of the relative to manage funds in such manner as to
protect the welfare of the family;
(C) periodic review by such State agency of the determination under
clause (A) to ascertain whether conditions justifying such determination
still exist, with provision for termination of such payments if they do
not and for seeking judicial appointment of a guardian or other legal
representative, as described in section 1111, if and when it appears that
the need for such payments is continuing, or is likely to continue, beyond
a period specified by the Secretary; and
(D) opportunity for a fair hearing before the State agency on the
determination referred to in clause (A) for any individual with respect to
whom it is made. Payments with respect to a dependent child which are
intended to enable the recipient to pay for specific goods, services, or
items recognized by the State agency as a part of the child's need under
the State plan may (in the discretion of the State or local agency
administering the plan in the political subdivision) be made, pursuant to a
determination referred to in clause (2)(A), in the form of checks drawn
jointly to the order of the recipient and the person furnishing such goods,
services, or items and negotiable only upon endorsement by both such
recipient and such person; and payments so made shall be considered for all
of the purposes of this part to be payments described in clause (2). 91
Whenever payments with respect to a dependent child are made in the manner
described in clause (2) (including payments described in the preceding
sentence), a statement of the specific reasons for making such payments in
that manner (on which the determination under clause (2)(A) was based)
shall be placed in the file maintained with respect to such child by the
State or local agency administering the State plan in the political
subdivision. Payments of the type described in clause (2) shall not be
subject to the requirements of clauses (A) through (D) of such clause (2),
when they are made in the manner described in clause (2) at the request of
the family member to whom payment would otherwise be made in an
unrestricted manner.
(c) The term ""relative with whom any dependent child is living'' means
the individual who is one of the relatives specified in subsection (a) and
with whom such child is living (within the meaning of such subsection) in a
place of residence maintained by such individual (himself or together with
any one or more of the other relatives so specified) as his (or their) own
home.
[(d) Repealed. 89
(e) (1) The term ""emergency assistance to needy families with children''
means any of the following, furnished for a period not in excess of 30 days
in any 12-month period, in the case of a needy child under the age of 21
who is (or, within such period as may be specified by the Secretary, has
been) living with any of the relatives specified in subsection (a)(1) in a
place of residence maintained by one or more of such relatives as his or
their own home, but only where such child is without available resources,
the payments, care, or services involved are necessary to avoid destitution
of such child or to provide living arrangements in a home for such child,
and such destitution or need for living arrangements did not arise because
such child or relative refused without good cause to accept employment or
training for employment-
(A) money payments, payments in kind, or such other payments as the
State agency may specify with respect to, or medical care or any other
type of remedial care recognized under State law (for which such
individual is not entitled to medical assistance under the State plan
under title XIX) on behalf of, such child or any other member of the
household in which he is living, and
(B) such services as may be specified by the Secretary;
but only with respect to a State whose State plan approved under section
402 includes provision for such assistance.
(2) Emergency assistance as authorized under paragraph (1) may be provided
under the conditions specified in such paragraph to migrant workers with
families in the State or in such part or parts thereof as the State shall
designate. 90
(f) Notwithstanding the provisions of subsection (b), the term ""aid to
families with dependent children'' does not mean payments with respect to a
parent (or other individual whose needs such State determines should be
considered in determining the need of the child or relative claiming aid
under the plan of such State approved under this part) of a child who fails
to cooperate with any agency or official of the State in obtaining such
support payments for such child. Nothing in this subsection shall be
construed to make an otherwise eligible child ineligible for protective
payments because of the failure of such parent (or such other individual)
to so cooperate.
(g) Notwithstanding the provisions of subsection (b), the term ""aid to
families with dependent children'' does not mean any-
(1) amount paid to meet the needs of an unborn child; or
(2) amount paid (or by which a payment is increased) to meet the needs
of a woman occasioned by or resulting from her pregnancy, unless, as has
been medically verified, the woman's child is expected to be born in the
month such payments are made (or increased) or within the three-month
period following such month of payment.
(h) Each dependent child, and each relative with whom such a child is
living (including the spouse of such relative as described in subsection
(b)), who becomes ineligible for aid to families with dependent children as
a result (wholly or partly) of the collection or increased collection of
child or spousal support under part D, and who has received such aid in at
least three of the six months immediately preceding the month in which such
ineligibility begins, shall be deemed to be a recipient of aid to families
with dependent children for purposes of title XIX for an additional four
calendar months beginning with the month in which such ineligibility
begins. 91
DEPENDENT CHILDREN OF UNEMPLOYED PARENTS 92
Sec. 407 . [42 U.S.C. 607] (a) The term ""dependent child'' shall,
notwithstanding section 406(a), include a needy child who meets the
requirements of section 406(a)(2), who has been deprived of parental
support or care by reason of the unemployment (as determined in accordance
with standards prescribed by the Secretary) of the parent who is the
principal earner, and who is living with any of the relatives specified in
section 406(a)(1) in a place of residence maintained by one or more of such
relatives as his (or their) own home.
(b) (1) In providing for the provision of aid to families with dependent
children under the State's plan approved under section 402, in the case of
families that include dependent children within the meaning of subsection
(a) of this section, as required by section 402(a)(41), the State 's plan-
(A) subject to paragraph (2), 93 shall require 94 the payment of aid to
families with dependent children with respect to a dependent child as
defined in subsection (a) when-
(i) whichever of such child's parents is the principal earner has not been
employed (as determined in accordance with standards prescribed by the
Secretary) for at least 30 days prior to the receipt of such aid,
(ii) such parent has not without good cause, within such period (of not
less than 30 days) as may be prescribed by the Secretary, refused a bona
fide offer of employment or training for employment, and
(iii)(I) such parent has 6 or more quarters of work (as defined in
subsection (d)(1)), no more than 4 of which may be quarters of work defined
in subsection (d)(1)(B), 95 in any 13-calendar-quarter period ending within
one year prior to the application for such aid or (II) such parent received
unemployment compensation under an unemployment compensation law of a State
or of the United States, or such parent was qualified (within the meaning
of subsection (d)(3)) for unemployment compensation under the unemployment
compensation law of the State, within one year prior to the application for
such aid; and
(B) shall provide 96
(i) for such assurances as will satisfy the Secretary that unemployed
parents of dependent children as defined in subsection (a) will participate
or apply for participation in a program under part F (unless the program is
not available in the area where the parent is living) 97 within 30 days
after receipt of aid with respect to such children;
(ii) 98 for entering into cooperative arrangements with the State agency
responsible for administering or supervising the administration of
vocational education in the State, designed to assure maximum utilization
of available public vocational education services and facilities in the
State in order to encourage the retraining of individuals capable of being
retrained;
(iii) 99 for the denial of aid to families with dependent children to any
child or relative specified in subsection (a)100 with respect to any week
for which such child's parent described in subparagraph (A)(i) 101,
qualifies for unemployment compensation under an unemployment compensation
law of a State or of the United States, but refuses to apply for or accept
such unemployment compensation. 102
(iv) 103 for the reduction of the aid to families with dependent children
otherwise payable to any child or relative specified in subsection (a) by
the amount of any unemployment compensation that such child's parent
described in subparagraph (A)(i) 104 receives under an unemployment
compensation law of a State or of the United States, and 105
(v) that, if and for so long as the child's parent described in
subparagraph (A)(i), unless meeting a condition of section 402(a)(19)(C),
is, without good cause, not participating (or available for participation)
in a program under part F, or if exempt under such section by reason of
clause (vii) thereof or because there has not been established or provided
under part F a program in which such parent can effectively participate, is
not registered with the public employment offices in the State, the needs
of such parent shall not be taken into account in determining the need of
such parent's family under section 402(a)(7), and the needs of such
parent's spouse shall not be so taken into account unless such spouse is
participating in such a program, or if not participating solely by reason
of section 402(a)(19)(C)(vii) or because there has not been established or
provided under part F a program in which such spouse can effectively
participate, is registered with the public employment offices of the State;
and if neither parents'106 needs are so taken into account, the payment
provisions of section 402(a)(19)(G)(i)(I) shall apply. 107
(2)(A) In carrying out the program under this section, a State may design
its program to reflect the individual needs of the State and to emphasize
education, training, and employment services for unemployed parents and
their spouses who are eligible for aid to families with dependent children
by reason of this section, to the extent provided under this paragraph.
(B)(i) Subject to clauses (ii) and (iii), with respect to the requirement
under section 402(a)(41), a State may, at its option, limit the number of
months with respect to which a family receives aid to families with
dependent children to the extent determined appropriate by the State for
the operation of its program under this section.
(ii)(I) A State may not limit the number of months under clause (i) for
which a family may receive aid to families with dependent children unless
it provides in its plan assurances to the Secretary that it has a program
(that meets such requirements as the Secretary may in regulation prescribe)
for providing education, training, and employment services (including any
activity authorized under section 402(a)(19) or under part F) in order to
assist parents of children described in subsection (a) in preparing for and
obtaining employment.
(II) In exercising the option under clause (i), a State plan may not
provide for the denial of aid to families with dependent children to a
family otherwise eligible for such aid for any month unless the family has
received such aid (on the basis of the unemployment of the parent who is
the principal earner) in at least 6 of the preceding 12 months.
(III) Any family that is otherwise eligible for aid to families with
dependent children that does not receive such aid in any month solely by
reason of the State exercising the option under clause (i) shall be deemed,
for purposes of determining the period under paragraph (1)(A)(iii)(I), to
be receiving such aid in such month. 108
(iii) Each State which, on September 26, 1988, has a program in effect
under this section shall continue to operate such program without a time
limitation.
(C) With respect to the participation in the program under section
402(a)(19) and part F of a family eligible for aid to families with
dependent children by reason of this section, a State may, at its option-
(i) except as otherwise provided in such section and such part, require
that any parent participating in such program engage in program
activities for up to 40 hours per week; and
(ii) provide for the payment of aid to families with dependent children
at regular intervals of no greater than one month but after the
performance of assigned program activities. 109
(c) Notwithstanding any other provisions of this section, expenditures
pursuant to this section shall be excluded from aid to families with
dependent children (A) where such expenditures are made under the plan with
respect to any dependent child as defined in subsection (a), (i) for any
part of the 30-day period referred to in subsection (b)(1)(A)(i) 110, or
(ii) for any period prior to the time when the parent satisfies subsection
(b)(1)(A)(ii) 111, and (B) if, and for as long as, no action is taken (after
the 30-day period referred to in subsection (b)(1)(B)(i) 112, under the
program therein specified, to undertake appropriate steps directed towards
the participation of such parent in a program under part F 113
(d) For purposes of this section-
(1) the term ""quarter of work'' with respect to any individual means (A)
a calendar quarter 114 in which such individual received earned income of
not less than $50 (or which is a "quarter of coverage" as defined in
section 213(a)(2)), or in which such individual participated in the program
under part F 115, 116 (B) at the option of the State, a calendar quarter in
which such individual attended, full-time, an elementary school, a
secondary school, or a vocational or technical training course (approved by
the Secretary) that is designed to prepare the individual for gainful
employment, or in which such individual participated in an education or
training program established under the Job Training Partnership Act 117, and
(C) a calendar quarter ending before October 1990 in which such individual
participated in a community work experience program under section 409 (as
in effect for a State immediately before the effective date for the State
of the amendments made by title II of the Family Support Act of 1988 118) or
the work incentive program established under part C (as in effect for a
State immediately before such effective date)119,
(2) the term "calendar quarter" means a period of 3 consecutive calendar
months ending on March 31, June 30, September 30, or December 31;
(3) an individual shall, for purposes of subsection (b)(1)(A)(iii) 120, be
deemed qualified for unemployment compensation under the State's
unemployment compensation law if-
(A) he would have been eligible to receive such unemployment
compensation upon filing application, or
(B) he performed work not covered under such law and such work, if it
had been covered, would (together with any covered work he performed)
have made him eligible to receive such unemployment compensation upon
filing application; and
(4) the phrase "whichever of such child's parents is the principal earner"
in the case of any child, means whichever parent, in a home in which both
parents of such child are living, earned the greater amount of income in
the 24-month period the last month of which immediately precedes the month
in which an application is filed for aid under this part on the basis of
the unemployment of a parent, for each consecutive month for which the
family receives such aid on that basis. Notwithstanding section 402(a)(1),
a State that chooses to exercise the option provided under paragraph (1)(B)
may provide that the definition of calendar quarter under such option apply
in one or more political subdivisions of the State. 121
(e) The Secretary and the Secretary of Labor shall jointly enter into an
agreement with each State which is able and willing to do so for the
purpose of (1) simplifying the procedures to be followed by unemployed
parents and other unemployed persons in such State in participating in a
program under part F 122 and in registering with public employment offices
(under this section and otherwise) or in connection with applications for
unemployment compensation, by reducing the number of locations or agencies
where such persons must go in order to participate in or 123 register for
such programs and in connection with such applications, and (2) providing
where possible for a single registration satisfying this section and the
requirements of both part F 124 and the applicable unemployment compensation
laws.
Sec. 408. [42 U.S.C. 608] AFDC QUALITY CONTROL SYSTEM 125
(a) In General - In order to improved the accuracy of payments of aid to
families with dependent children, the Secretary shall establish and operate
a quality control system under which the Secretary shall determine, with
respect to each State, the amount (if any) of the disallowance required to
be repaid to the Secretary due to erroneous payments made by the State in
carrying out the State plan approved under this part.
(b) Review of Cases -
(1) State Review
(A) In General.-Each State with a plan approved under this part shall
for each fiscal year, in accordance with the time schedule and
methodology prescribed in regulations issued under paragraphs (1) and
(2) of subsection (h)-
(i) review a sample of cases in the State with respect to which a
payment has been made under such plan during the fiscal year; and
(ii) determine the level of erroneous payments for the State for the
fiscal year.
(B) Effects of failure to complete review in a timely manner.-
(i) SECRETARY CONDUCTS REVIEW.- If a State fails to conduct and
complete, on a timely basis, a review required by subparagraph (A), or
otherwise fails to cooperate with the Secretary, directly or through
contractual or such other arrangements as the Secretary may find
appropriate, shall conduct the review and establish the error rate for
the State for the fiscal year on the basis of the best data reasonably
available to the Secretary, in accordance with the statistical methods
that would apply if the review were conducted by the State.
(ii) STATE INCURS COSTS OF REVIEW.-The amount that would otherwise be
payable under this part to a State for which the Secretary conducts a
review under clause (i) shall be reduced by the costs incurred by the
Secretary in conducting the review.
(2) Review by the Secretary-The Secretary shall review a subsample of
the cases reviewed by the State, or by the Secretary with respect to the
State, under paragraph (1).
(3) Notification of difference cases.-Upon completion of the review
under paragraph (2), the Secretary shall notify the State of any case in
the subsample which the Secretary finds involves erroneous payments, and
which the State's review determined to be correct (in this section referred
to as a "difference case").
(4) Establishment of quality control review panel.-The Secretary shall
be regulation establish a Quality Control Review Panel to review difference
cases.
(5) Resolution of difference cases.-
(A) In General.-The State may seek review by the Panel of any
difference case, within the time period prescribed in regulations issued
under subsection (h)(3).
(B) Procedural Rules.-The State and the Secretary may submit such
documentation to the Panel as the State or the Secretary finds
appropriate to substantiate its position. The findings of the Panel
shall be made on the record, within the time period prescribed in
regulations issued under subsection (h)(4).
(C) Status of decisions of the quality control review panel.-The
decisions of the Panel shall constitute the decisions of the Secretary
for purposes of establishing the State's error rate for the fiscal year.
(D) Appealability of decisions of the quality control review panel.-
The decisions of the Panel shall not be appealable, except as provided
in subsection (k).
(c) Identification of Erroneous Payments.-
(1) Apply provisions of State plan.-Except as provided in paragraph (2),
in determining whether a payment is an erroneous payment, the State and the
Secretary shall apply all relevant provisions of the State plan approved
under this part.
(2) Treatment of provisions of State plan that are inconsistent with
federal law.-
(A) In General.-If a provision of a State plan approved under this part
is inconsistent with a provision of Federal law or regulations, and the
Secretary has notified the State of the inconsistency, the provision of
Federal law or regulations shall control.
(B) Exception.-Subparagraph (A) shall not apply with respect to a
payment of the State if-
(i) it is necessary for the State to enact a law in order to remove an
inconsistency described in subparagraph (A), the Secretary has advised
the State that the State will be allowed a reasonable period in which
to enact such a law, and the payment was made during such period; or
(ii) the State agency made the payment in compliance with a court
order.
(3) Certain payments not considered erroneous.-For purposes of this
section, a payment by a State shall not be considered an erroneous payment
if the payment is in error solely by reason of-
(A) the State's failure to implement properly changes in Federal statute
within 6 months after the effective date of such changes or, if later, 6
months after the issuance of final regulations (including regulations in
interim final form) if such regulations are reasonably necessary to
construe or apply the Federal statutory change;
(B) the State's reliance upon and correct use of erroneous information
provided by the Secretary about matters of fact;
(C) the State's reliance upon and correct use of written statements of
Federal policy provided to the State by the Secretary;
(D) the occurrence of an event in the State that-
(i) results in the declaration by the President or the Governor of the
State of a state of emergency or major disaster; and
(ii) directly affect the State agency's ability to make correct
payments under the State plan approved under this part; or
(E) the failure of a family to submit monthly reports to the State
pursuant to section 402(a)(14), if the failure did not affect the amount
of the payment.
(4) Certain payments considered erroneous.-Notwithstanding any other
provision of this section, a payment shall be considered an erroneous
payment if the payment is made to a family-
(A) which has failed without good cause to assign support rights as
required by section 402(a)(26); or
(B) any member of which is a recipient of aid under a State plan
approved under this part and does not have a social security account
number (unless an application for a social security account number for
the family member has been filed within 30 days after the date of
application for such aid).
(d) Determination of Error Rates.-
(1) In General.-The Secretary shall, in accordance with this subsection,
determine an error rate for each State for the fiscal year involved, based
on the reviews under paragraphs (1) and (2) of subsection (b) and the
decisions of the Quality Control Review Panel under subsection (b)(5).
(2) Error Rate Formula.-Except as provided in paragraph (3), the State's
error rate for a fiscal year is-
(A) the ratio of-
(i) the erroneous payments of the State for the fiscal year; to
(ii) the total payments of aid under the State plan approved under
this part for the fiscal year; reduced by
(B) the amount by which-
(i) the national average underpayment rate for the fiscal year;
exceeds
(ii) the underpayment rate of the State for the fiscal year.
(3) Application of reduction to subsequent fiscal year.-At the request
of a State, the Secretary shall apply the reduction described in paragraph
(2)(B) in determining the State's error rate for either of the 2 following
fiscal years instead of in determining the State's error rate for the
fiscal year to which the reduction would otherwise apply.
(e) Notification to States of Error Rates.-The Secretary shall notify each
State of the error rate of the State determined under subsection (d),
within the time period prescribed in regulations issued under subsection
(h)(5).
(f) Imposition of Disallowances.-If a State's error rate for the fiscal
year exceeds the national average error rate for the fiscal year, the
Secretary shall impose a disallowance on the State for the fiscal year in
an amount equal to-
(1) the product of-
(A) the State's total payments of aid to families with dependent
children for the fiscal year;
(B) the Federal medical assistance percentage applicable to the State
for purposes of section 1118;
(C) the lesser of-
(i) the ratio of-
(I) the amount by which the State's error rate for the fiscal
year exceeds the national average error rate for the fiscal year; to
(II) the national average error rate for the fiscal year; or
(ii) 1; and
(D) the amount by which the State's error rate for the fiscal year
exceeds the national average error rate for the fiscal year;
reduced by
(2) the product of-
(A) the ratio of-
(i) the amount by which the State's error rate for the fiscal year
exceeds the national average error rate for the fiscal year; and
(ii) the State's error rate for the fiscal year;
(B) the overpayments recovered by the State in the fiscal year; and
(C) the Federal medical assistance percentage applicable to the State
for purposes of section 1118;
and further reduced by
(3) the product of-
(A) the calculation described in paragraphs (1) and (2); and
(B) the percentage by which-
(i) the State's rate of child support collections for the fiscal year;
exceeds
(ii) the lesser of-
(I) the national average rate of child support collections for
the fiscal year; or
(II) the average of the State's child support collection rates
for each of the 3 fiscal years preceding the fiscal year.
(g) Notification to States of Amounts of Disallowances.-The Secretary shall
notify each State on which the Secretary imposes a disallowance the amount
of the disallowance, within the time period prescribed in regulations
issued under subsection (h)(6).
(h) Regulations.-The Secretary, after consultation with the chief
executives of the States, shall by regulation prescribe-
(1) the periods within which-
(A) the reviews required by paragraphs (1) and (2) of subsection (b) are
to begin and be completed; and
(B) the results of the review required by subsection (b)(1) are to be
reported to the Secretary;
(2) matters relating to the selection and size of the samples to be
reviewed under paragraphs (1) and (2) of subsection (b), and the
methodology for making statistically valid estimates of each State's error
rate;
(3) the period within which a State may seek review by the Quality
Control Review Panel of a difference case;
(4) the period within which a difference case appealed by a State is to
be resolved by the Quality Control Review Panel;
(5) the period, after the completion of the reviews required by
paragraphs (1) and (2) of subsection (b) and the resolution by the Quality
Control review Panel of any difference cases appealed by a State, within
which the Secretary is to notify the State of the error rate of the State
for the fiscal year involved; and
(6) the period within which the Secretary is to notify a State of any
disallowance.
(i) Payment of Disallowances.-
(1) Payment options.-Within 45 days after the date a State is notified
of a disallowance pursuant to subsection (g), the State shall, at the
option of the State-
(A) pay the Secretary the amount of the disallowance; or
(B) enter into an agreement with the Secretary under which the State
will make quarterly payments to the Secretary over a period not to
exceed 30 months beginning not later than the first quarter beginning
after the date the State receives the notice, in amounts sufficient to
repay the disallowance with interest by the end of such period.
(2) Authority to adjust State matching payments.-If a State fails to pay
the amount of a disallowance imposed on the State, in the manner required
by the applicable subparagraph of paragraph (1), the Secretary shall reduce
the amount to be paid to the State under section 403(a) by amounts
sufficient to recover the amount of the disallowance with interest.
(3) Interest on Unpaid Disallowances.-
(A) Rate of interest.- Interest on the unpaid amount of a disallowance
shall accrue at the overpayment rate established under section
6621(a)(1) of the Internal Revenue Code of 1986.
(B) Accrual of Interest.-
(i) In General.- Except as provided in clause (ii), interest on the
unpaid amount of a State's disallowance shall accrue beginning 45 days
after the date the State receives notice of the disallowance.
(ii) Exception.- If the State appeals the imposition of a disallowance
under this section to the Departmental Appeals Board and the Board
does not decide the appeal within 90 days after the date of the
State's notice of appeal, interest shall not accrue on the unpaid
amount of the disallowance during the period beginning on such 90th
day and ending on the date of the Board's final decision on the
appeal, except to the extent that the Board finds that the State
caused or requested the delay.
(j) Administrative Review of Disallowances.-
(1) In General.-Within 60 days after the date a State receives notice of
a disallowance imposed under this section, the State may appeal the
imposition of the disallowance, in whole or in part, to the Departmental
Appeals Board established in the Department of Health and Human Services,
by filing an appeal with the Board.
(2) Procedural Rules.-The Board shall consider a State's appeal on the
basis of such documentation as the State may submit and as the Board may
require to support the final decision of the Board. In deciding whether to
uphold a disallowance or any portion thereof, the Board shall conduct a
thorough review of the issues and take into account all relevant evidence.
in rendering its final decision, the Board shall incorporate by reference
any findings of the Quality Control Review Panel that were made in
connection with the determination of the error rate and the amount of the
disallowance, and such findings shall not be reviewable by the Board.
(k) Judicial Review of Disallowances.-
(1) In General.-Within 90 days after the date of a final decision by the
Departmental Appeals Board with respect to the imposition of a disallowance
on a State under this section, the State may obtain judicial review of the
final decision (and the findings of the Quality Control Review Panel
incorporated into the final decision) by filing an action in-
(A) the district court of the United States for the judicial district in
which the principal or headquarters office of the State agency is
located; or
(B) the United States District Court for the District of Columbia.
(2) Procedural Rules.-The district court in which an action is filed
shall review the final decision of the Board on the record established in
the administrative proceeding, in accordance with the standards of review
prescribed by subparagraphs (A) through (E) of section 706(2) of title 5,
United States Code. The review shall be on the basis of the documents and
supporting data submitted to the Board (or to the Quality Control Review
Panel, in the case of any finding by the Panel which is at issue in the
appeal).
(l) Refund of Disallowances Imposed in Error.-If the Secretary, directly or
indirectly, receives from a State part or all of the amount of a
disallowance imposed on the State under this section, and part or all of
the disallowance is finally determined to have been imposed in error, the
Secretary shall refund to the State the amount received by reason of the
error, with interest which shall accrue from the date of receipt at the
rate described in subsection (i)(3)(A).
(m) Definitions.-As used in this section:
(1) National Average Error Rate.-The term "national average error rate"
for a fiscal year means the greater of-
(A) the ratio of-
(i) the total amount of erroneous payments made by all States for the
fiscal year; to
(ii) the total amount of aid paid by all the State for the fiscal year
under plans approved under this part; or
(B) 4 percent.
(2) Underpayment Rate.-The term "underpayment rate", with respect to a
State for a fiscal year, means the ratio of-
(A) the total amounts of aid that should have been but were erroneously
not paid for a fiscal year to recipients of aid under the State plan
approved under this part; to
(B) the total amount of aid paid under such plan for the fiscal year.
(3) National Average Underpayment Rate.-The term "national average
underpayment rate" for a fiscal year means the ratio of-
(A) the total amounts of aid that should have been but were erroneously
not paid for a fiscal year to all recipients of aid under State plans
approved under this part; to
(B) the total amount of aid paid for the fiscal year under all State
plans approved under this part.
(4) Child Support Collection Rate.-The term "child support collection
rate", with respect to a State for a fiscal year, means the ratio of-
(A) the sum of the number of cases reported by the agency administering
the State plan approved under part D for each quarter in the fiscal year
for which-
(i) an assignment was made under section 402(a)(26); and
(ii) a collection was made under the State's plan approved under part
D; to
(B) the sum of the number of cases reported by such agency for each
quarter in the fiscal year under which an assignment was made under
section 402(a)(26).
(5) National Child Support Collection Rate.-The term "national child
support collection rate" for a fiscal year mean the ration of-
(A) the sum of the number of cases described in paragraph (4)(A)
reported by all States for quarters in the fiscal year; to
(B) the sum of the number of cases described in paragraph (4)(B)
reported by all States for quarters in the fiscal year.
(6) Erroneous Payments.-The term "erroneous payments" means the sum of
overpayments to eligible families and payments to ineligible families made
in carrying out a plan approved under this part.
EXCLUSION FROM AFDC UNIT OF CHILD FOR WHOM FEDERAL, STATE, OR LOCAL FOSTER
CARE MAINTENANCE OR ADOPTION ASSISTANCE PAYMENTS ARE MADE 126
Sec. 409. [42 U.S.C. 609] (a) Notwithstanding any other provision of this
title (other than subsection (b))-
(1) a child with respect to whom foster care maintenance payments or
adoption assistance payments are made under part E or under State or local
law shall not, for the period for which such payments are made, be regarded
as a member of a family for purposes of determining the amount of benefits
of the family under this part; and
(2) the income and resources of such child shall be excluded from the
income and resources of a family under this part.
(b) Subsection (a) shall not apply in the case of a child with respect to
whom adoption assistance payments are made under part E or under State or
local law, if application of such subsection would reduce the benefits
under this part of the family of which the child would otherwise be
regarded as a member.
FOOD STAMP DISTRIBUTION 127
Sec. 410 . [42 U.S.C. 610] (a) Any State plan for aid and services to needy
families with children may (but is not required under this title or any
other provision of Federal law to) provide for the institution of
procedures, in any or all areas of the State, by the State agency
administering or supervising the administration of such plan under which
any household participating in the food stamp program established by the
Food Stamp Act of 1977, as amended, will be entitled, if it so elects, to
have the charges, if any, for its coupon allotment under such program
deducted from any aid, in the form of money payments, which is (or, except
for the deduction of such charge, would be) payable to or with respect to
such household (or any member or members thereof) under such plan and have
its coupon allotment distributed to it with such aid.
(b) Any deduction made pursuant to an option provided in accordance with
subsection (a) shall not be considered to be a payment described in section
406(b)(2).
(c) Notwithstanding any other provision of law, no agency which is
designated as a State agency for any State under or pursuant to the Food
Stamp Act of 1977, as amended, shall be regarded as having failed to comply
with any requirement imposed by or pursuant to such Act solely because of
the failure, of the State agency administering or supervising the
administration of the State plan (approved under this part) of such State,
to institute or carry out a procedure, described in subsection (a).
[Sec. 411 . Repealed.] 128
PRORATING SHELTER ALLOWANCE OF AFDC FAMILY LIVING WITH
ANOTHER HOUSEHOLD
Sec. 412 . [42 U.S.C. 612] A State plan for aid and services to needy
families with children may provide that, in determining the need of any
dependent child or relative claiming aid who is living with other
individuals (not claiming aid together with such child or relative) as a
household (as defined, for purposes of this section, by the Secretary), the
amount included in the standard of need, and the payment standard, applied
to such child or relative for shelter, utilities, and similar needs may be
prorated on a reasonable basis, in such manner and under such circumstances
as the State may determine to be appropriate. For purposes of any method of
proration used by a State under this section, there shall not be included
as a member of a household an individual receiving benefits under title XVI
in any month to whom the one-third reduction prescribed by section
1612(a)(2)(A)(i) is applied.
TECHNICAL ASSISTANCE FOR DEVELOPING MANAGEMENT INFORMATION SYSTEMS
Sec. 413 . [42 U.S.C. 613] The Secretary shall provide such technical
assistance to States as he determines necessary to assist States to plan,
design, develop, or install and provide for the security of, the management
information systems referred to in section 403(a)(3)(B) of this Act.
[Sec. 414 . Repealed. ] 129
ATTRIBUTION OF SPONSOR'S INCOME AND RESOURCES TO ALIEN
Sec. 415 . [42 U.S.C. 615] (a) For purposes of determining eligibility for
and the amount of benefits under a State plan approved under this part for
an individual who is an alien described in clause (B) of section
402(a)(33), the income and resources of any person who (as a sponsor of
such individual's entry into the United States) executed an affidavit of
support or similar agreement with respect to such individual, and the
income and resources of the sponsor's spouse, shall be deemed to be the
unearned income and resources of such individual (in accordance with
subsections (b) and (c)) for a period of three years after the individual's
entry into the United States, except that this section is not applicable if
such individual is a dependent child and such sponsor (or such sponsor's
spouse) is the parent of such child.
(b) (1) The amount of income of a sponsor (and his spouse) which shall be
deemed to be the unearned income of an alien for any month shall be
determined as follows:
(A) the total amount of earned and unearned income of such sponsor and
such sponsor's spouse (if such spouse is living with the sponsor) shall be
determined for such month;
(B) the amount determined under subparagraph (A) shall be reduced by an
amount equal to the sum of-
(i) the lesser of (I) 20 percent of the total of any amounts
received by the sponsor and his spouse in such month as wages or
salary or as net earnings from self-employment, plus the full amount
of any costs incurred by them in producing self-employment income in
such month, or (II) $175;
(ii) the cash needs standard established by the State under its plan
for a family of the same size and composition as the sponsor and those
other individuals living in the same household as the sponsor who are
claimed by him as dependents for purposes of determining his Federal
personal income tax liability but whose needs are not taken into
account in making a determination under section 402(a)(7);
(iii) any amounts paid by the sponsor (or his spouse) to individuals
not living in such household who are claimed by him as dependents for
purposes of determining his Federal personal income tax liability; and
(iv) any payments of alimony or child support with respect to
individuals not living in such household.
(2) The amount of resources of a sponsor (and his spouse) which shall be
deemed to be the resources of an alien for any month shall be determined as
follows:
(A) the total amount of the resources (determined as if the sponsor were
applying for aid under the State plan approved under this part) of such
sponsor and such sponsor's spouse (if such spouse is living with the
sponsor) shall be determined; and
(B) the amount determined under subparagraph (A) shall be reduced by
$1,500.
(c)(1) Any individual who is an alien and whose sponsor was a public or
private agency shall be ineligible for aid under a State plan approved
under this part during the period of three years after his or her entry
into the United States, unless the State agency administering such plan
determines that such sponsor either no longer exists or has become unable
to meet such individual's needs; and such determination shall be made by
the State agency based upon such criteria as it may specify in the State
plan, and upon such documentary evidence as it may therein require. Any
such individual, and any other individual who is an alien (as a condition
of his or her eligibility for aid under a State plan approved under this
part during the period of three years after his or her entry into the
United States), shall be required to provide to the State agency
administering such plan such information and documentation with respect to
his sponsor as may be necessary in order for the State agency to make any
determination required under this section, and to obtain any cooperation
from such sponsor necessary for any such determination. Such alien shall
also be required to provide to the State agency such information and
documentation as it may request and which such alien or his sponsor
provided in support of such alien's immigration application.
(2) The Secretary shall enter into agreements with the Secretary of State
and the Attorney General whereby any information available to them and
required in order to make any determination under this section will be
provided by them to the Secretary (who may, in turn, make such information
available, upon request, to a concerned State agency), and whereby the
Secretary of State and Attorney General will inform any sponsor of an
alien, at the time such sponsor executes an affidavit of support or similar
agreement, of the requirements imposed by this section.
(d) Any sponsor of an alien, and such alien, shall be jointly and
severally liable for an amount equal to any overpayment of aid under the
State plan made to such alien during the period of three years after such
alien's entry into the United States, on account of such sponsor's failure
to provide correct information under the provisions of this section, except
where such sponsor was without fault, or where good cause of such failure
existed. Any such overpayment which is not repaid to the State or recovered
in accordance with the procedures generally applicable under the State plan
to the recoupment of overpayments shall be withheld from any subsequent
payment to which such alien or such sponsor is entitled under any provision
of this Act.
(e)(1) In any case where a person is the sponsor of two or more alien
individuals who are living in the same home, the income and resources of
such sponsor (and his spouse), to the extent they would be deemed the
income and resources of any one of such individuals under the preceding
provisions of this section, shall be divided into two or more equal shares
(the number of shares being the same as the number of such alien
individuals) and the income and resources of each such individual shall be
deemed to include one such share.
(2) Income and resources of a sponsor (and his spouse) which are deemed
under this section to be the income and resources of any alien individual
in a family shall not be considered in determining the need of other family
members except to the extent such income or resources are actually
available to such other members.
(f) The provisions of this section shall not apply with respect to any
alien who is
(1) admitted to the United States as a result of the application, prior
to April 1, 1980, of the provisions of section 203(a)(7) of the
Immigration and Nationality Act 130
(2) admitted to the United States as a result of the application, after
March 31, 1980, of the provisions of section 207(c) of such Act;
(3) paroled into the United States as a refugee under section 212(d)(5)
of such Act;
(4) granted political asylum by the Attorney General under section 208
of such Act; or
(5) a Cuban and Haitian entrant, as defined in section 501(e) of the
Refugee Education Assistance Act of 1980 (Public Law 96-422).
FRAUD CONTROL
Sec. 416. [42 U.S.C. 616] (a) Any State, in the administration of its
State plan approved under section 402, may elect to establish and operate a
fraud control program in accordance with this section.
(b) Under any such program, if an individual who is a member of a family
applying for or receiving aid under the State plan approved under section
402 is found by a Federal or State court or pursuant to an administrative
hearing meeting requirements determined in regulations of the Secretary, on
the basis of a plea of guilty or nolo contendere or otherwise, to have
intentionally-
(1) made a false or misleading statement or misrepresented, concealed,
or withheld facts, or
(2) committed any act intended to mislead, misrepresent, conceal, or
withhold facts or propound a falsity,
for the purpose of establishing or maintaining the family's eligibility for
aid under such State plan or of increasing (or preventing a reduction in)
the amount of such aid, then the needs of such individual shall not be
taken into account in making the determination under section 402(a)(7) with
respect to his or her family (A) for a period of 6 months upon the first
occasion of any such offense, (B) for a period of 12 months upon the second
occasion of any such offense, and (C) permanently upon the third or a
subsequent occasion of any such offense.
(c) The State agency involved shall proceed against any individual alleged
to have committed an offense described in subsection (b) either by way of
administrative hearing or by referring the matter to the appropriate
authorities for civil or criminal action in a court of law. The State
agency shall coordinate its actions under this section with any
corresponding actions being taken under the food stamp program in any case
where the factual issues involved arise from the same or related
circumstances.
(d) Any period for which sanctions are imposed under subsection (b) shall
remain in effect, without possibility of administrative stay, unless and
until the finding upon which the sanctions were imposed is subsequently
reversed by a court of appropriate jurisdiction; but in no event shall the
duration of the period for which such sanctions are imposed be subject to
review.
(e) The sanctions provided under subsection (b) shall be in addition to,
and not in substitution for, any other sanctions which may be provided for
by law with respect to the offenses involved.
(f) Each State which has elected to establish and operate a fraud control
program under this section must provide all applicants for aid to families
with dependent children under its approved State plan, at the time of their
application for such aid, with a written notice of the penalties for fraud
which are provided for under this section.
ASSISTANT SECRETARY FOR FAMILY SUPPORT 131
Sec. 417. [42 U.S.C. 617] The programs under this part, part D, and part F
shall be administered by an Assistant Secretary for Family Support within
the Department of Health and Human Services, who shall be appointed by the
President, by and with the advice and consent of the Senate, and who shall
be in addition to any other Assistant Secretary of Health and Human
Services provided for by law.
FOOTNOTES
3/See Vol. II, P.L. 73-30, 3(a), with respect to the supply of
information.
See Vol. II, P.L. 88-525, ""Food Stamp Act of 1977'', 11(e), with respect
to inquiry into the need for food stamps.
See Vol. II, P.L. 94-566, ""Unemployment Compensation Amendments of
1976'', 508(b), with respect to provision for reimbursement of expenses of
State employment offices.
See Vol. II, P.L. 95-30, ""Tax Reduction and Simplification Act of 1977'',
401(a), with respect to the work incentive program.
See Vol. II, P.L. 96-223, ""Crude Oil Windfall Profit Tax Act of 1980'',
102, with respect to allocation of funds for programs to assist AFDC
recipients.
See Vol. II, P.L. 97-248, ""Tax Equity and Fiscal Responsibility Act of
1982'', 159, with respect to exclusion from income of certain payments
made by a State, and 161, with respect to delayed effective date in cases
requiring conforming State legislation.
See Vol. II, P.L. 98-378, ""Child Support Enforcement Amendments of
1984'', 22, with respect to the Wisconsin Child Support Initiative.
See Vol. II, P.L. 99-272, ""Consolidated Omnibus Budget Reconciliation Act
of 1985'', 12301, with respect to AFDC quality control studies and penalty
moratorium.
See Vol. II, P.L. 100-485, ""Family Support Act of 1988'', 405, with
respect to a Congressional Budget Office study on implementation of a
national minimum payment standard.
See Vol. II, P.L. 100-628, ""Stewart B. McKinney Homeless Assistance
Amendments Act of 1988'', 902, with respect to a review of policy
governing use of AFDC funds to meet emergency needs of families eligible
for AFDC through emergency assistance or special needs payments and a
report to Congress; and 903, with respect to demonstration projects to
reduce the number of homeless AFDC families in welfare hotels.
See Vol. II, P.L. 100-647, ""Technical and Miscellaneous Revenue Act of
1988'', 8102, with respect to the Secretary's review of the policy
governing use of AFDC funds to meet emergency needs of families eligible
for AFDC through emergency assistance or special needs payments and a
report to Congress.
4/As in original. Should have punctuation to signal beginning of a series.
5/See Vol. II, 10 U.S.C. 2546, with respect to shelter for the homeless at military installations.
See Vol. II, P.L. 79-396, ""National School Lunch Act'', 12(e), with respect to exclusion from income and resources of
assistance to children under that act.
See Vol. II, P.L. 81-171, ""Housing Act of 1949'', 521(a)(1)(E), with respect to exclusion from income and resources of
certain assistance rendered to provide occupant-owned, rental and cooperative housing; Vol. II, p. 325.
See Vol. II, P.L. 88-525, ""Food Stamp Act of 1977'', 8(b), with respect to exclusion from income and resources of the
value of food stamps.
See Vol. II, P.L. 89-73, ""Older Americans Act of 1965'', 210(b), with respect to exclusion from income of the costs of any
project under that act.
See Vol. II, P.L. 89-329, ""Higher Education Act of 1965'', 479B, with respect to exclusion from income or resources of
certain student financial assistance; and 481(a), with respect to the definition of "institution of higher education".
See Vol. II, P.L. 89-642, "Child Nutrition Act of 1966'', 11(b), with respect to exclusion from income and resources of the
value of assistance to children under that act.
See Vol. II, P.L. 90-248, "Social Security Amendments of 1967'', 248(c), effective July 1, 1969, with respect to income
disregards applicable to Guam, Puerto Rico, and the Virgin Islands.
See Vol. II, P.L. 91-646, "Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970'', 216, with
respect to exclusion from income of payments made under that act.
See Vol. II, P.L. 93-112, "Rehabilitation Act of 1973'', 613(c), with respect to conditional exclusion of wages,
allowances, transportation reimbursement, and attendant care costs.
See Vol. II, P.L. 93-113, "Domestic Volunteer Service Act of 1973'', 404(g), with respect to exclusion from income and
resources of payments to volunteers under that act.
See Vol. II, P.L. 93-134, "Indian Tribal Judgment Funds Use or Distribution Act'', 1, with respect to applicability of this
public law, and 7 and 8, with respect to exclusion from income and resources of certain judgment funds to any Indian tribe.
See Vol. II, P.L. 93-288, "The Robert T. Stafford Disaster Relief and Emergency Assistance Act'', 312(d), with respect to
exclusion from income and resources of certain Federal major disaster and emergency assistance.
See Vol. II, P.L. 94-114, [Indian Tribes-Submarginal Lands], 6, with respect to exclusion from income and resources of
property and receipts from submarginal land to certain Indians.
See Vol. II, P.L. 95-433, [Yakima Indian Nation or Apache Tribe of the Mescalero Reservation], 2, with respect to exclusion
from income and resources of certain judgment funds.
See Vol. II, P.L. 95-498, [Pueblo of Santa Ana Indians, New Mexico], 6, with respect to an income and resources exclusion
applicable to the Pueblo of Santa Ana Indians, New Mexico.
See Vol. II, P.L. 95-499, [Pueblo of Zia, New Mexico Indians], 6, with respect to an income and resources exclusion
applicable to the Pueblo of Zia Indians, New Mexico.
See Vol. II, P.L. 95-557, "Housing and Community Development Amendments of 1978'', 410(b), Vol. II, p. 696, with respect to
exclusion from income of services (but not of wages) provided to a public housing resident or to a resident of a housing
project assisted under the "Housing Act of 1959'' (P.L. 86-372, 202;.
See Vol. II, P.L. 97-35, Title XXVI, "Low-Income Home Energy Assistance Act of 1981'', 2605(f), with respect to exclusion
from income and resources of home energy assistance payments or allowances.
See Vol. II, P.L. 98-64, [Per Capita Payments to Indians], 2(a), with respect to exclusion from income and resources of per
capita payments to Indians.
See Vol. II, P.L. 98-181, "Supplemental Appropriations Act, 1984'', 221, Vol. II, p. 773, with respect to utility payments
under P.L. 75-412, "United States Housing Act of 1937''; Vol. II, p. 246; and under 236 of P.L. 73-479, "National Housing
Act''.
See Vol. II, P.L. 98-432, "Shoalwater Bay Indian Tribe-Dexter-by-the-Sea Claim Settlement Act'', 5(e), with respect to
exclusion from income and resources of certain judgment funds.
See Vol. II, P.L. 98-500, "Old Age Assistance Claims Settlement Act'',8, with respect to exclusion from income and
resources of certain judgment funds.
See Vol. II, P.L. 98-602, Title I, [Wyandotte Tribe of Oklahoma], 106(d), with respect to exclusion from income and
resources of certain funds distributed per capita.
See Vol. II, P.L. 99-130, [Mdewakanton and Wahpekute Eastern or Mississippi Sioux], 8, with respect to exclusion from
income and resources of certain funds.
See Vol. II, P.L. 99-146, [Chippewas of Lake Superior], 6(b), with respect to exclusion from income and resources of
certain funds.
See Vol. II, P.L. 99-264, "White Earth Reservation Land Settlement Act of 1985'', 16, with respect to exclusion from income
and resources of certain judgment funds.
See Vol. II, P.L. 99-346, "Saginaw Chippewa Indian Tribe of Michigan Distribution of Judgment Funds Act'', 6(b), with
respect to exclusion from income and resources of certain judgment funds.
See Vol. II, P.L. 99-377, [Chippewas of the Mississippi], 4(b), with respect to exclusion from income and resources of
certain judgment funds.
See Vol. II, P.L. 100-139, "Cow Creek Band of Umpqua Tribe of Indians Distribution of Judgment Funds Act of 1987'',
4(h)(6), with respect to exclusion of benefits as basis for denial of eligibility.
See Vol. II, P.L. 100-383, [An Act to implement recommendations of the Commission on Wartime Relocation and Internment of
Civilians], 105(f)(2) and 206(d)(2), with respect to exclusion from income and resources of certain payments to certain
individuals.
See 31 U.S.C. 3803(c)(2)(C), with respect to benefits not affected by P.L. 100-383; Vol. II, p. 167.
See P.L.100-407, "Technology-Related Assistance for Individuals With Disabilities Act of 1988'', 105(c), with respect to
the effect of financial assistance under that Act.
See P.L.100-409, "Federal Land Exchange Facilitation Act of 1988'', 5, with respect to the effect of this Act on P.L.
92-203 or P.L. 96-487.
See Vol. II, P.L. 100-411, [Land Claims of Coushatta Tribe of Louisiana], 2(d)(3)(B), with respect to the effect of per
capita payments.
See Vol. II, P.L. 100-581, [Indian Reorganization Act Amendments], 501, 502(b)(1), and 503, with respect to exclusion from
income and resources of certain judgment funds.
6/P.L. 100-485, 402(b), struck out "$75''and substituted"$90'', effective October 1, 1989.
7/P.L. 100-485, 402(a)(1), inserted "after applying the other clauses of this subparagraph,'', effective October 1, 1989.
8/P.L. 100-485, 402(a)(2), struck out"$160'' and substituted "$175'', effective October 1, 1989.
9/P.L. 100-485, 402(a)(3), inserted ", or, in the case such child is under age 2, $200", effective October 1, 1989.
10/P.L. 100-485, 202(b)(1), struck out "(but excluding, for purposes of this subparagraph, earned income derived from
participation on a project maintained under the programs established by section 432(b)(2) and (3))". For the effective date,
see Vol. II, P.L. 100-485, 204(a) and (b)(1).
11/P.L.97- 300
12/See Vol. II, P.L. 97-404, 6, with respect to the interpretation of"originally enacted".
13/P.L. 100-485, 402(c)(1)(B), added clause (viii) effective October 1, 1989.
14/P.L. 100-485, 202(b)(2)(A), inserted "(including activities under part F)". For the effective date, see P.L. 100-485,
"Family Support Act of 1988", 204(a) and (b)(1).
15/P.L. 100-485, 202(b)(2)(B), struck out ", C,". For the effective date, see P.L. 100-485, "Family Support Act of 1988",
204(a) and (b)(1).
16/P.L. 101-508, 5055(a), struck out "or D" and substituted ",D or E", effective November 5, 1990.
17/P.L. 101-508, 5054(a)(2)(A), struck out "and".
18/P.L. 101-508, 5054(a)(2)(B), added ", and" and subparagraph (E) applicable to benefits for months beginning on or after
the first day of the 6th calendar month following November 1990.
19/See Vol. II, P.L. 82-183, 618, the "Jenner Amendment", with respect to a condition under which grant-in-aid or other
payment may not be withheld.
20/P.L. 101-508, 5051(b), struck out "with respect to families who are required to report monthly to the State agency
pursuant to paragraph (14)(and at the option of the State with respect to other families), provide that-" and substituted "at
the option of the State, but only with respect to any one or more categories of families required to report monthly to the
State agency pursuant to paragraph (14), provide that-", effective with respect to reports pertaining to, or aid payable for,
months beginning in or after October 1990.
21/P.L. 101-508, 5051(a)(1), struck out "with respect to families in the category of recent work history or earned income
cases (and at the option of the State with respect to families in other categories), (A) provide" and substituted "provide,
at the option of the State and with respect to such category or categories as the State may select and indentify in its State
plan (A)", effective with respect to report pertaining to, or aid payable for, months beginning in or after October 1990.
22/P.L. 101-508, 5051(a)(2), stuck out "(with the prior approval of the secretary in recent work history and earned income
cases)", effective with respect to reports pertaining to, or aid payable for, months beginning in or after October 1990.
23/P.L. 101-508, 5051(a)(3), struck out "upon a determination that to require individuals in such categories to report
monthly would result in unwarranted expenditures for administration of this paragraph", effective with respect to reports
pertaining to, or aid payable for, months beginning in or after October 1990.
24/P.L. 101-508, 5054(a)(1), amended paragraph (16) in its entirety, applicable to benefits for months beginning on or after
May 1, 1991. Until then, paragraph (16) reads as follows:
"(16) provide that where the State agency has reason to believe that the home in which a relative and child receiving
aid reside is unsuitable for the child because of the neglect, abuse, or exploitation of such child it shall bring such
condition to the attention of the appropriate court or law enforcement agencies in the State, providing such data with
respect to the situation it may have."
See Vol. II, P.L. 95-608, 2-113, with respect to Indian child welfare.
25/See Vol. II, P.L. 97-248, 159, with respect to exclusion from income of certain payments made by a State.
26/P.L. 100-485, 401(b)(2), inserted "(and individuals who would be recipients of such aid if the State had not exercised
the option under section 407(b)(2)(B)(i))", effective October 1, 1990, except as provided in 1905(m)(2). With respect to
Puerto Rico, American Samoa, Guam, or the Virgin Islands, this amendment shall become effective October 1, 1992. Effective
September 30, 1998, this amendment is repealed and the provision of law as in effect immediately before the effective date of
this amendment shall apply as if this amendment had never been made.
27/P.L. 100-485, 201(a), amended paragraph (19) in its entirety. For the effective date, see P.L. 100-485, "Family Support
Act of 1988", 204(a) and (b)(1). [For paragraph (19) as it reads until then, see Vol. III, P.L. 100-485.]
28/See Vol. II, P.L. 95-608, 2-113, with respect to Indian child welfare.
29/P.L. 98-369, 2651(b)(2); 98 Stat. 1149.
30/P.L. 101-239, 10403(a)(1)(B)(i), struck our "automatic" and substituted "automated", effective as if included in the
enactment of P.L. 100-485, 123(d).
31/P.L. 100-485, 402(c)(2)(B), struck out "(d)"and substituted "(e)", effective October 1, 1989.
32/P.L. 82-414.
33/P.L. 100-485, 202(b)(3); 102 Stat. 2377. For the effective date, see P.L.100-485, "Family Support Act of 1988", 204(a)
and (b)(1).
34/P.L. 100-485, 303(b)(3), amended paragraph (37) in its entirety, effective April 1, 1990. P.L. 100-239, 6411(i)(2),
provides that such amendment shall not apply with respect to families that cease to be eligible for aid under part A if this
title, before April 1, 1990. Effective September 30, 1998, this paragraph (37) is repealed and the paragraph (37), as in
effect immediately before April 1, 1990, shall become effective on September 30, 1998. [For paragraph (37) as it reads until
April 1, 1990, see Vol. III, P.L. 100-485.]
35/P.L. 100-485, 401(a)(2)(A), struck out "(if such section is applicable to the State)", effective October 1, 1990, except
as provided in 1905(m)(2). With respect to Puerto Rico, American Samoa, Guam, or the Virgin Islands, this amendment shall
become effective October 1, 1992. Effective September 30, 1998, this amendment is repealed and the provision of law (as in
effect immediately before the effective date of this amendment) shall apply as if this amendment had never been made.
36/P.L. 101-508, 5053(a)(1), struck out "or legal guardian". effective November 5, 1990.
37/P.L. 101-508, 5053(a)(2), struck out "or legal guardian". effective November 5, 1990.
38/P.L. 100-485, 401(a)(1)(C), added paragraph (41), effective October 1, 1990, except as provided in 1905(m)(2). With
respect to Puerto Rico, American Samoa, Guam, or the Virgin Islands, this amendment shall become effective October 1, 1992.
Effective September 30, 1998, this amendment is repealed and the provision of law (as in effect immediately before the
effective date of this amendment) shall apply as if this amendment had never been made.
39/P.L. 100-485, 401(f)(3), added paragraph (42), effective October 1, 1990, except as provided in 1905(m)(2). With respect
to Puerto Rico, American Samoa, Guam, or the Virgin Islands, this amendment shall become effective October 1, 1992. Effective
September 30, 1998, this amendment is repealed and the provision of law (as in effect immediately before the effective date
of this amendment) shall apply as if this amendment had never been made.
40/P.L. 100-485, 403(a)(3), added paragraph (43), effective January 1, 1990.
41/P.L. 100-485, 604(a)(3), added paragraph (44), effective July 1, 1989.
42/P.L. 100-485, 605(a)(3), added paragraph (45), effective October 1, 1989.
43/ P.L.88-525.
44/See Vol. II, P.L. 99-514, 1883(b)(11), with respect to the effect of the failure of a State to comply with certain
provisions or the imposition by a State of a requirement inconsistent with certain provisions.
45/P.L. 100-485, 402(c)(2)(A),repealed subsection (d), effective October 1, 1989. [For subsection (d) as it reads until
then, see Vol. III, P.L. 100-485.]
46/P.L.82-414.
47/P.L. 100-485, 302(a)(1), inserted"(i)", effective April 1, 1990, but such amendment is repealed effective September 30.
1998.
48/P.L. 100-485, 302(a)(2), redesignated clause (i) as subclause (I), effective April 1, 1990, but such amendment is
repealed effective September 30, 1998.
49/P.L. 100-485, 302(a)(2), redesignated clause (ii) as subclause (II), effective April 1, 1990, but such amendment is
repealed effective September 30, 1998.
50/P.L. 100-485, 302(a)(3), added this clause (ii), effective April 1, 1990, but such
amendment is repealed effective September 30, 1998.
51/P.L. 100-485, 302(c), added this clause, effective April 1, 1990, but such amendment is repealed effective September 30,
1998.
52/P.L. 101-239, 10403(a)(1)(C)(i)(I), struck out "includes a child who is (or, if needy," and substituted "received aid to
families with dependent", effective as if included in the enactment of P.L. 100-485.
53/P.L. 100-485, 302(c), added this clause, effective April 1, 1990, but such
amendment is repealed effective September 30, 1998.
54/P.L. 101-239, 10403(a)(1)(C)(i)(II), struck out a comma.
55/P.L. 100-485, 302(c), added this clause, effective April 1, 1990, but such amendment is repealed effective September 30,
1998.
56/P.L. 101-508, 5060(a), amended subclause (II) in its entirety, effective November 5, 1990. Margin as in original. until
November 5, 1990, subclause (II) reads as follows:
"(II) failed to cooperate with the State in establishing and enforcing his or her child support obligations".
57/"P.L. 100-485, 302(c), added this clause, effective April 1, 1990, but such amendment is repealed effective September 30,
1998."
58/"P.L. 100-485, 302(c), added this clause, effective April 1, 1990, but such amendment is repealed effective September 30,
1998."
See Vol. II, P.L. 100-485, 302(d), with respect to a study of welfare requalification and regulations based on r4esults
of such study.
59/Probably should be "subsection". This subsection was enacted on October 13, 1988 [P.L. 100-485, 102 Stat. 2382]
60/P.L. 100-485, 302(b)(1)(B), added clause (i), effective April 1, 1990, but such amendment is repealed effective September
30, 1998.
61/P.L. 100-485, 302(b)(1)(B), added clause (ii), effective April 1, 1990, but such amendment is repealed effective
September 30, 1998.
62/P.L. 101-508, 5081(c)(2), struck out "and to monitor child care provided to children receiving aid under the State plan
approved under subsection (a)" and substituted "to enforce standards with respect to child care provided to children under
this part, and to provide for the training of child care providers", effective October 1, 1990.
63/P.L. 101-508, 5081(c)(1), inserted ", and $50,000,000 for each of fiscal years 1992, 1993, and 1994", effective October
1, 1990.
64/P.L. 101-508, 5081(c)(3), added subparagraph (E), effective October 1, 1990.
65/P.L. 101-508, 5081(d), inserted "and subsection (i)", effective October 1, 1990.
66/P.L. 97-35, Title V, Subtitle D.
P.L. 100-297, 1003(a), repealed Subtitle D.
67/P.L. 100-485, 301, added subsection (g), effective with respect to a State on the date the amendments made by title II of
P.L. 100-485 become effective with respect to the State. For the effective date of title II of P.L. 100-485, see Vol. II,
P.L. 100-485, 204.
68/As in original. Probably should be "information as has".
69/P.L. 101-508, 5081(a), added subsection (i), effective October 1, 1990.
70/See Vol. II, P.L. 73-30, 1-15, with respect to the United States Employment Service; Vol. II, p. 226.
71/See 1108 and 1118 of Social Security Act.
72/P.L. 100-485, 201(d), inserted "(including any amounts expended by the State to carry out initial evaluations under
section 486(a))". For the effective date, see Vol. II, P.L. 100-485, 204(a) and (b)(1).
73/P.L. 100-485, 202(b)(4)(A), struck out "(including as expenditures under this subparagraph the value of any services
furnished, and the amount of any payments made (to cover expenses incurred by individuals under a program of employment
search), under section 402(a)(35)(B))," and substituted "; and". For the effective date, see P.L. 100-485, 204(a) and
(b)(1).
74/P.L. 100-485, 202(b)(4)(B), struck out "under section 402(a)(35)(B) (as described in the parenthetical phrase in
subparagraph D"), and other than services the provision of which is required by section 402(a)(19) to be included in the plan
of the State, or which is a service provided in connection with a community work experience program or work supplementation
program under section 409 or 414" and substituted "pursuant to section 402(g)". For the effective date, see P.L. 100-485,
204(a) and (b)(1).
75/P.L. 90-248, 201(e)(3); 81 Stat. 880.
76/See Vol. II, P.L. 81-474, 9, with respect to additional payments with respect to Navajo and Hopi Indians.
See Vol. II, P.L. 93-288, 312(d), with respect to exclusion from income and resources of certain Federal major disaster
and emergency assistance.
See Vol. II, P.L. 94-566, 508(b), with respect to expenses of State employment offices.
See Vol. II, P.L. 100-139, 4(h)(6), with respect to exclusion of benefits as basis for denial of eligibility.
See Vol. II, P.L. 100-407, 105(c), with respect to the effect of financial assistance under that Act.
See Vol. II, P.L. 100-409, 5, with respect to the effect of this Act on P.L. 92-203 or P.L. 96-487.
See Vol. II, P.L. 100-411, 2(d)(3)(B), with respect to the effect of per capita payments.
See Vol. II, P.L. 100-581, 501, 502(b)(1), and 503, with respect to exclusion from income and resources of certain
judgment funds.
77/P.L. 100-485, 202(b)(5), repealed subsection (c). For the effective date, see Vol. II, P.L. 100-485, 204(a) and (b)(1).
[For subsection (c) as it reads until then, see Vol. III, P.L. 100-485.]
78/P.L. 100-485, 202(b)(6), repealed subsection (d). For the effective date, see Vol. II, P.L. 100-485, 204(a) and (b)(1).
[For subsection (d) as it reads until then, see Vol. III, P.L. 100-485.]
79/P.L. 97-35, 2181(a)(1); 95 Stat. 815.
P.L. 97-248, 137(a)(4); 96 Stat. 376.
80/ P.L. 101-239, 8004(b), repealed subsection (i), effective October 1, 1990. [For subsection (i) as it reads until
October 1, 1990, see Vol. III, P.L. 101-239.]
P.L. 101-239, 8004(d), provides that no disallowance or other similar sanction shall be applied to a State for any
fiscal year before fiscal year 1991 under subsection (i) or any predecessor statutory or regulatory provision relating to
disallowances for erroneous payments made in carrying out a State plan approved under part A of this title.
81/P.L. 101-239, 8004(b), repealed subsection (j), effective October 1, 1990. [For subsection (j) as it reads until
October 1, 1990, see Vol. II, P.L. 101-239.]
82/P.L.100-485, 201(c)(1), added subsection (k). For the effective date, see Vol. II, P.L.100-485, 204(a) and (b)(1).
83/P.L. 100-485, 302(b)(2), inserted"(i)".
84/This paragraph is repealed effective October 1, 1995 (except that subparagraph (A) shall remain in effect for purposes of
applying any reduction in payment rates required by that subparagraph for a ny of the fiscal years specified therein).
85/P.L. 100-485, 201(c)(2), added subsection (l). For the effective date, see Vol II, P.L. 100-485, 204(a) and (b)(1).
Effective October 1, 1998, paragraph (4) is repealed.
86/P.L. 101-508, 508(b), added subsection (n), effective October 1, 1990.
87/See Vol. II, P.L. 99-514, 1883(b)(11), with respect to the effect of the failure of a State to comply with certain
provisions or the imposition by a State of a requirement inconsistent with certain provisions.
88/See Vol. II, P.L. 95-608, 2-113, with respect to Indian child welfare.
89/P.L. 97-35, 2353(b)(1); 95 Stat. 872.
90/See Vol. II, P.L. 100-647, 8102, with respect to the Secretary's review of the policy governing use of AFDC funds to meet
emergency needs of families eligible for AFDC through emergency assistance or special needs payments and a report to
Congress.
See Vol. II, P.L. 101-239, 8005 [as amended by P.L. 101-508, 5058], with respect to emergency assistance and AFDC
special needs.
91/P.L. 98-378, 20(a), [as amended by P.L. 100-485, 303(e) and P.L. 101-239, 8003(a)], added subsection (h), applicable
only with respect to individuals becoming ineligible for aid to families with dependent children (as described in section
406(h) of the Act) on or after August 16, 1984.*
* P.L. 101-239, 8003(a) struck out "and before October 1, 1988".
92/See Vol. II, P.L. 100-485, with respect to an evaluation and report relating to the time-limited and conventional State
programs.
93/P.L. 100-485, 401(b)(1)(B), inserted "subject to paragraph (2)," effective October 1, 1990, except as provided in
1905(m)(2). With respect to Puerto Rico, American Samoa, Guam, or the Virgin Islands, this amendment shall become effective
October 1, 1992. Effective September 30, 1998, this amendment is repealed and the provision of law (as in effect immediately
before the effective date of this amendment) shall apply as if this amendment had never been made.
94/P.L. 100-485, 401(a)(2)(B), struck out "The provisions of subsection (a) shall be applicable to a State if the State's
plan approved under section 402-
"(1) requires" and substituted "In providing for the provision of aid to families with dependent children under the
State's plan approved under section 402, in the case of families that include dependent children within the meaning of
subsection (a) of this section, as required by section 402(a)(41), the State's plan-
"(1) shall require", effective October 1, 1990, except as provided in 1905(m)(2). With respect to Puerto Rico, American
Samoa, Guam, or the Virgin Islands, this amendment shall become effective October 1, 1992. Effective September 30, 1998,
this amendment is repealed and the provision of law (as in effect immediately before the effective date of this
amendment) shall apply as if this amendment had never been made.
95/P.L. 100-485, 401(c)(3), inserted ", no more than 4 of which may be quarters of work defined in subsection (d)(1)(B),",
effective October 1, 1990, except as provided in 1905(m)(2). With respect to Puerto Rico, American Samoa, Guam, or the
Virgin Islands, this amendment shall become effective October 1, 1992. Effective September 30, 1998, this amendment is
repealed and the provision of law (as in effect immediately before the effective date of this amendment) shall apply as if
this amendment had never been made.
96/P.L.100-485, 401(a)(2)(C), struck out "provides" and substituted "shall provide", effective October 1, 1990, except as
provided in 1905(m)(2). With respect to Puerto Rico, American Samoa, Guam, or the Virgin Islands, this amendment shall
become effective October 1, 1992. Effective September 30, 1998, this amendment is repealed and the provision of law (as in
effect immediately before the effective date of this amendment) shall apply as if this amendment had never been made.
97/P.L. 100-485, 202(b)(7), struck out "be certified to the Secretary of Labor as provided in section 402(a)(19)" and
substituted "participate or apply for participation in a program under part F (unless the program is not available in the
area where the parent is living)". For the effective date, see Vol. II, P.L. 100-485, 204(a) and (b)(1.
98/P.L. 100-485, 401(b)(1)(A)(iv), redesignated subparagraph (B) as clause (ii).
99/P.L. 100-485, 401(b)(1)(A)(iv), redesignated subparagraph (C) as clause (iii).
100/P.L. 101-508, 506(a)(1)(A), struck out a dash, "(I) if and for so long as such child's parent described in subparagraph
(A)(i)*, unless exempt under section 402(a)(19)C)**m is not currently participating (or available for participation) in a
program under part F***, or, if he is exempt under such section by reason of clause (vii)**** thereof or no such program in
which he can effectively participate has been established or provided under part F*****, is not currently registered with the
public employment offices in the State, and (II)", effective at the same time and in the same manner as the amendments made
by P.L. 100-485, 202.
*P.L. 100-485, 401(b)(3)(A), struck out "paragraph (1)(A)" and substituted "paragraph (A)(i)", effective October 1,
1990 except as provided in 1905(m)(2). With respect to Puerto Rico, American Samoa, Guam, or the Virgin Islands, this
amendment shall become effective October 1, 1992. Effective September 30, 1998, this amendment is repealed and the provision
of law (as in effect immediately before the effective date of this amendment) shall apply as if this amendment had never been
made.
**P.L. 100-485, 202(b)(8)(A), struck out "402(a)(19)(A)" and substituted "409(a)(19)(A)". For the effective date, see
Vol. II, P.L. 100-485, 202(a) and (b)(1).
P.L. 100-647, 8105(5), struck out "409(a)(19)(C)" and substituted "402(a)(19)(A). Effective as if included in the
enactment of P.L. 100-485.
***P.L. 100-485, 202(b)(8)(A), struck out "402(a)(19)(A), is not currently registered pursuant to such section for the
work incentive program established under part C of this title" and substituted "409(a)(19)(C), is not currently participating
(or available for participation) in a program under part F". For the effective date, see Vol. II, P.L. 100-485, 204(a) and
(b)(1).
****P.L. 100-485, 202(b)(8)(B), struck out "(iii)" and substituted "(vii)". For the effective date, see Vol. II, P.L.
100-485, 204(a) and (b)(1).
*****P.L. 100-485, 202(b)(8)(C), struck out "section 432(a)" and substituted "part F". For the effective date, see Vol.
II, P.L. 100-485, 204(a) and (b)(1).
101/P.L. 100-485, 401(b)(3)(A), struck out "paragraph (1)(A)" and substituted "subparagraph (A)(i)", effective October 1,
1990, except as provided in 1905(m)(2). With respect to Puerto Rico, American Samoa, Guam, or the Virgin Islands, this
amendment shall become effective October 1, 1992. Effective September 30, 1998, this amendment is repealed and the provision
of law (as in effect immediately before the effective date of this amendment) shall apply as if this amendment had never been
made.
102/P.L. 101-508, 5061(a)(1)(B), struck out "and".
103/P.L. 100-485. 401(b)(1)(A)(iv), redesignated subparagraph (D) as clause (iv).
104/P.L. 100-485, 401(b)(3)(A), struck out "paragraph (1)(A)" and substituted "paragraph (A)(i)", effective October 1, 1990
except as provided in 1905(m)(2). With respect to Puerto Rico, American Samoa, Guam, or the Virgin Islands, this amendment
shall become effective October 1, 1992. Effective September 30, 1998, this amendment is repealed and the provision of law
(as in effect immediately before the effective date of this amendment) shall apply as if this amendment had never been made.
105/P.L. 101-508, 5061(a)(2), struck out a period and substituted ", and".
106/As in original. Probably should be "parent's".
107/P.L. 101-508, 5061(a)(3), added clause (v), effective at the same time and the same manner as the amendment made by P.L.
100-485, 202.
108/P.L. 100-485, 401(c)(4)(A), added subclause (III), effective October 1, 1990, except as provided in 1905(m)(2). With
respect to Puerto Rico, American Samoa, Guam, or the Virgin Islands, this amendment shall become effective October 1, 1992.
Effective September 30, 1998, this amendment is repealed and the provision of law (as in effect immediately before the
effective date of this amendment) shall apply as if this amendment had never been made.
109/P.L. 100-485, 401(b)(1)(C), added paragraph (2), effective October 1, 1990, except as provided in 1905(m)(2). With
respect to Puerto Rico, American Samoa, Guam, or the Virgin Islands, this amendment shall become effective October 1, 1992.
Effective September 30, 1998, this amendment is repealed and the provision of law (as in effect immediately before the
effective date of this amendment) shall apply as if this amendment had never been made.
110/P.L. 100-485, 401(b)(3)(B)(i), struck out "subparagraph (A) of subsection (b)(1)" and substituted "subsection
(b)(1)(A)(i)", effective October 1, 1990, except as provided in 1905(m)(2). With respect to Puerto Rico, American Samoa,
Guam, or the Virgin Islands, this amendment shall become effective October 1, 1992. Effective September 30, 1998, this
amendment is repealed and the provision of law (as in effect immediately before the effective date of this amendment) shall
apply as if this amendment had never been made.
111/P.L. 100-485, 401(b)(3)(B)(ii), struck out "subparagraph (B) of such subsection" and substituted "subsection
(b)(1)(A)(ii)", effective October 1, 1990, except as provided in 1905(m)(2). With respect to Puerto Rico, American Samoa,
Guam, or the Virgin Islands, this amendment shall become effective October 1, 1992. Effective September 30, 1998, this
amendment is repealed and the provision of law (as in effect immediately before the effective date of this amendment) shall
apply as if this amendment had never been made.
112/P.L. 100-485, 401(b)(3)(B)(iii), struck out "subparagraph (A) of subsection (b)(2)" and substituted "subsection
(b)(1)(B)(i)", effective October 1, 1990, except as provided in 1905(m)(2). With respect to Puerto Rico, American Samoa,
Guam, or the Virgin Islands, this amendment shall become effective October 1, 1992. Effective September 30, 1998, this
amendment is repealed and the provision of law (as in effect immediately before the effective date of this amendment) shall
apply as if this amendment had never been made.
113/P.L. 100-485, 202(b)(9), struck out "certify such parent to the Secretary of Labor pursuant to section 402(a)(19)" and
substituted "undertake appropriate steps directed towards the participation of such parent in a program under part F". For
the effective date, see Vol. II, P.L. 100-485, 204(a) and (b)(1).
114/P.L. 101-508, 5062(a)(1), struck out "a calendar quarter (A)" and substituted "(A) a calendar quarter:, effective
November 5, 1990.
115/P.L. 100-485, 202(b)(10), struck out "community work experience program under section 409, or the work incentive program
established under part C;" and substituted "program under part F". For the effective date, see Vol. II, P.L. 100-485, 204(a)
and (b)(1).
P.L. 100-647, 8105(3), struck out P.L. 100-485, 202(b)(10), effective October 13, 1988.
P.L. 100-485, 401(C)(4)(b), struck out "a community work experience program under section 409, or the work incentive
program established under part C;" and substituted "the program under section 402(a)(19) and part F," effective October 1,
1990, except as provided in 1905(m)(2). With respect to Puerto Rico, American Samoa, Guam, or the Virgin Islands, this
amendment shall become effective October 1, 1992. Effective September 30, 1998, this amendment is repealed and the provision
of law (as in effect immediately before the effective date of this amendment) shall apply as if this amendment had never been
made.
P.L. 101-239, 10403(a)(2), struck out "participated in the program under section 402(a)(19) and" and substituted
"participated in a program under part F", effective September 30, 1998.
116/P.L. 101-508, 5062(a)(2), struck out "or".
117/P.L. 100-485, 401(c)(1)(B), inserted ", or"and subparagraph (B), effective October 1, 1990, except as provided in
1905(m)(2). With respect to Puerto Rico, American Samoa, Guam, or the Virgin Islands, this amendment shall become effective
October 1, 1992. Effective September 30, 1998, this amendment is repealed and the provision of law (as in effect immediately
before the effective date of this amendment) shall apply as if this amendment had never been made.
118/P.L. 100-485.
119/P.L. 101-508, 5062(a)(3), added ",and" and subparagraph (C), effective November 5, 1990.
120/P.L. 100-485, 401(b)(3)(C), struck out "section 407(b)(1)(C)" and substituted "subsection (b)(1)(A)(iii)", effective
October 1, 1990, except as provided in 1905(m)(2). With respect to Puerto Rico, American Samoa, Guam, or the Virgin Islands,
this amendment shall become effective October 1, 1992. Effective September 30, 1998, this amendment is repealed and the
provision of law (as in effect immediately before the effective date of this amendment) shall apply as if this amendment had
never been made.
121/P.L. 100-485, 401(c)(2), added this sentence, effective October 1, 1990, except as provided in 1905(m)(2). With respect
to Puerto Rico, American Samoa, Guam, or the Virgin Islands, this amendment shall become effective October 1, 1992. Effective
September 30, 1998, this amendment is repealed and the provision of law (as in effect immediately before the effective date
of this amendment) shall apply as if this amendment had never been made.
122/P.L. 100-485, 202(b)(11)(A), struck out "registering pursuant to section 402(a)(19) for the work incentive program
established by part C of this title" and substituted "participating in a program under part F". For the effective date, see
Vol. II, P.L. 100-485, 204(a) and (b)(1).
123/P.L. 100-485, 202(b)(11)(B), inserted "participate in or". For the effective date, see Vol. II, P.L. 100-485, 204(a)
and (b)(1).
124/P.L. 100-485, 202(b)(11)(C), struck out "the work incentive program" and substituted "part F". For the effective date,
see Vol. II, P.L. 100-485, 204(a) and (b)(1).
125/P.L. 101-239, 8004(a), added 408, applicable to erroneous payments made in any fiscal year after fiscal year 1990.
See Vol. II, P.L. 101-239, 8004(e) and (f), with respect to implementation and annual reports.
126/P.L. 100-485, 202(b)(12), repealed 409, effective October 1, 1990, except as provided in Vol. II, P.L. 100-485,
204(b)(1). [For 409 as it reads until then, see Vol. III, P.L. 100-485.]
P.L. 101-508, 5062(a), added this section 409, applicable to benefits for months beginning on or after May 1, 1991.
127/See Vol. II, P.L. 88-525, 11(i) with respect to acceptance of applications for participation in the food stamp program
and 16(e) with respect to use of the social security number for participation in the food stamp program.
128/P.L. 98-369, 2651(b)(3);98 Stat. 1149.
129/P.L. 100-485, 202(b)(13), repealed 414. For the effective date, see Vol. II, P.L. 100-485, 204(a) and (b)(1). [For
414 as it reads until then, see Vol. III, P.L. 100-485.]
130/P.L. 82-414.
131/P.L. 100-485, 603(a), added 418, effective February 1, 1989.
132/P.L. 100-647, 8105(7), redesignated 418 as 417, effective as if included in the enactment of P.L. 100-485, 603(a).
Part B-Child Welfare Services 133
APPROPRIATION
Sec. 420 . [42 U.S.C. 620] (a) For the purpose of enabling the United
States, through the Secretary, to cooperate with State public welfare
agencies in establishing, extending, and strengthening child welfare
services, there is authorized to be appropriated for each fiscal year the
sum of $266,000,000.
(b) Funds appropriated for any fiscal year pursuant to the authorization
contained in subsection (a) shall be included in the appropriation Act (or
supplemental appropriation Act) for the fiscal year preceding the fiscal
year for which such funds are available for obligation. In order to effect
a transition to this method of timing appropriation action, the preceding
sentence shall apply notwithstanding the fact that its initial application
will result in the enactment in the same year (whether in the same
appropriation Act or otherwise) of two separate appropriations, one for the
then current fiscal year and one for the succeeding fiscal year.
ALLOTMENTS TO STATES
Sec. 421 . [42 U.S.C. 621] (a) The sum appropriated pursuant to section
420 for each fiscal year shall be allotted by the Secretary for use by
cooperating State public welfare agencies which have plans developed
jointly by the State agency and the Secretary as follows: He shall first
allot $70,000 to each State, and shall then allot to each State an amount
which bears the same ratio to the remainder of such sum as the product of
(1) the population of the State under the age of twenty-one and (2) the
allotment percentage of the State (as determined under this section) bears
to the sum of the corresponding products of all the States.
(b) The "allotment percentage" for any State shall be 100 per centum less
the State percentage; and the State percentage shall be the percentage
which bears the same ratio to 50 per centum as the per capita income of
such State bears to the per capita income of the United States; except that
(1) the allotment percentage shall in no case be less than 30 per centum or
more than 70 per centum, and (2) the allotment percentage shall be 70 per centum in the
case of Puerto Rico, the Virgin Islands, Guam, and American Samoa 134
(c) The allotment percentage for each State shall be promulgated by the
Secretary between October 1 and November 30 of each even-numbered year, on the basis of the average per capita
income of each State and of the United States for the three most recent calendar years for which satisfactory data are
available from the Department of Commerce. Such promulgation shall be conclusive for each of the two fiscal years in
the period beginning October 1 next succeeding such promulgation.
(d) For purposes of this section, the term "United States" means the fifty
States and the District of Columbia.
STATE PLANS FOR CHILD WELFARE SERVICES 135
Sec. 422 . [42 U.S.C. 622] (a) In order to be eligible for payment under
this part, a State must have a plan for child welfare services which has been
developed jointly by the Secretary and the State agency designated pursuant to
subsection (b)(1), and which meets the requirements of subsection (b).
(b) Each plan for child welfare services under this part shall-
(1) provide that (A) the individual or agency designated pursuant to
section 2003(d)(1)(C) to administer or supervise the administration of the
State's services program will administer or supervise the administration
of the plan (except as otherwise provided in section 103(d) of the
Adoption Assistance and Child Welfare Act of 1980 136), and (B) to the extent that child welfare services are
furnished by the staff of the State agency or local agency administering the plan, a single organizational unit in such
State or local agency, as the case may be, will be responsible for furnishing such child welfare services;
(2) provide for coordination between the services provided for children
under the plan and the services and assistance provided under title XX,
under the State plan approved under part A of this title, under the State
plan approved under part E of this title, and under other State programs
having a relationship to the program under this part, with a view to
provision of welfare and related services which will best promote the
welfare of such children and their families;
(3) provide that the standards and requirements imposed with respect to
child day care under title XX shall apply with respect to day care
services under this part, except insofar as eligibility for such services
is involved;
(4) provide for the training and effective use of paid paraprofessional
staff, with particular emphasis on the full-time or part-time employment
of persons of low income, as community service aides, in the
administration of the plan, and for the use of nonpaid or partially paid
volunteers in providing services and in assisting any advisory committees
established by the State agency;
(5) contain a description of the services to be provided and specify the
geographic areas where such services will be available;
(6) contain a description of the steps which the State will take to
provide child welfare services and to make progress in-
(A) covering additional political subdivisions,
(B) reaching additional children in need of services, and
(C) expanding and strengthening the range of existing services and
developing new types of services, along with a description of the State's
child welfare services staff development and training plans;
(7) provide, in the development of services for children, for
utilization of the facilities and experience of voluntary agencies in
accordance with State and local programs and arrangements, as authorized
by the State; and
(8) provide that the agency administering or supervising the
administration of the plan will furnish such reports, containing such
information, and participate in such evaluations, as the Secretary may
require.
PAYMENT TO STATES
Sec. 423 . [42 U.S.C. 623] (a) From the sums appropriated therefor and the
allotment under this part, subject to the conditions set forth in this section
and in section 427, the Secretary shall from time to time pay to each State
that has a plan developed in accordance with section 422 an amount equal to 75
per centum of the total sum expended under the plan (including the cost of
administration of the plan) in meeting the costs of State, district, county,
or other local child welfare services.
(b) The method of computing and making payments under this section shall be
as follows:
(1) The Secretary shall, prior to the beginning of each period for which
a payment is to be made, estimate the amount to be paid to the State for
such period under the provisions of this section.
(2) From the allotment available therefor, the Secretary shall pay the
amount so estimated, reduced or increased, as the case may be, by any sum
(not previously adjusted under this section) by which he finds that his
estimate of the amount to be paid the State for any prior period under
this section was greater or less than the amount which should have been
paid to the State for such prior period under this section.
(c) (1) No payment may be made to a State under this part, for any fiscal
year beginning after September 30, 1979, with respect to State expenditures
made for (A) child day care necessary solely because of the employment, or
training to prepare for employment, of a parent or other relative with whom
the child involved is living, (B) foster care maintenance payments, and (C)
adoption assistance payments, to the extent that the Federal payment with
respect to those expenditures would exceed the total amount of the Federal
payment under this part for fiscal year 1979.
(2) Expenditures made by a State for any fiscal year which begins after
September 30, 1979, for foster care maintenance payments shall be treated for
purposes of making Federal payments under this part with respect to
expenditures for child welfare services, as if such foster care maintenance
payments constituted child welfare services of a type to which the limitation
imposed by paragraph (1) does not apply; except that the amount payable to the
State with respect to expenditures made for other child welfare services and
for foster care maintenance payments during any such year shall not exceed 100
per centum of the amount of the expenditures made for child welfare services
for which payment may be made under the limitation imposed by paragraph (1) as in effect without regard to this
paragraph.
(d) No payment may be made to a State under this part in excess of the
payment made under this part for fiscal year 1979, for any fiscal year
beginning after September 30, 1979, if for the latter fiscal year the total of
the State's expenditures for child welfare services under this part (excluding
expenditures for activities specified in subsection (c)(1)) is less than the
total of the State's expenditures under this part (excluding expenditures for
such activities) for fiscal year 1979.
REALLOTMENT
Sec. 424 . [42 U.S.C. 624] The amount of any allotment to a State under
section 421 for any fiscal year which the State certifies to the Secretary
will not be required for carrying out the State plan developed as provided in
section 422 shall be available for reallotment from time to time, on such
dates as the Secretary may fix, to other States which the Secretary determines
(1) have need in carrying out their State plans so developed for sums in
excess of those previously allotted to them under section 421 and (2) will be
able to use such excess amounts during such fiscal year. Such reallotments
shall be made on the basis of the State plans so developed, after taking into
consideration the population under the age of twenty-one, and the per capita
income of each such State as compared with the population under the age of
twenty-one, and the per capita income of all such States with respect to which
such a determination by the Secretary has been made. Any amount so reallotted
to a State shall be deemed part of its allotment under section 421.
DEFINITIONS
Sec. 425 . [42 U.S.C. 625] (a) (1) For purposes of this title, the term
"child welfare services" means public social services which are directed
toward the accomplishment of the following purposes: (A) protecting and
promoting the welfare of all children, including handicapped, homeless,
dependent, or neglected children; (B) preventing or remedying, or assisting in the solution of problems which may result
in, the neglect, abuse, exploitation, or delinquency of children; (C) preventing the unnecessary separation of children
from their families by identifying family problems, assisting families in resolving their problems, and preventing breakup
of the family where the prevention of child removal is desirable and possible; (D) restoring to their families children who
have been removed, by the provision of services to the child and the families; (E) placing children in suitable adoptive
homes, in cases where restoration to the biological family is not possible or appropriate; and (F) assuring adequate care
of children away from their homes, in cases where the child cannot be returned home or cannot be placed for adoption.
(2) Funds expended by a State for any calendar quarter to comply with the
statistical report required by section 476(b), and funds expended with respect
to nonrecurring costs of adoption proceedings in the case of children placed
for adoption with respect to whom assistance is provided under a State plan
for adoption assistance approved under part E of this title, shall be deemed
to have been expended for child welfare services.
(b) For other definitions relating to this part and to part E of this title,
see section 475 of this Act.
RESEARCH, TRAINING, OR DEMONSTRATION PROJECTS 139
Sec. 426 . [42 U.S.C. 626] (a) There are hereby authorized to be
appropriated for each fiscal year such sums as the Congress may determine-
(1) for grants by the Secretary-
(A) to public or other nonprofit institutions of higher learning,
and to public or other nonprofit agencies and organizations engaged in
research or child-welfare activities, for special research or
demonstration projects in the field of child welfare which are of
regional or national significance and for special projects for the
demonstration of new methods or facilities which show promise of
substantial contribution to the advancement of child welfare;
(B) to State or local public agencies responsible for administering, or
supervising the administration of, the plan under this part, for projects
for the demonstration of the utilization of research (including findings
resulting therefrom) in the field of child welfare in order to encourage
experimental and special types of welfare services; and
(C) to public or other nonprofit institutions of higher learning for
special projects for training personnel for work in the field of child
welfare, including traineeships with such stipends and allowances as
may be permitted by the Secretary; and
(2) for contracts or jointly financed cooperative arrangements with
States and public and other organizations and agencies for the conduct of
research, special projects, or demonstration projects relating to such matters.
(b) (1) There are authorized to be appropriated $4,000,000 for each of the
fiscal years 1988, 1989, and 1990 for grants by the Secretary to public or
private nonprofit entities submitting applications under this subsection for
the purpose of conducting demonstration projects under this subsection to
develop alternative care arrangements for infants who do not have health
conditions that require hospitalization and who would otherwise remain in
inappropriate hospital settings.
(2) The demonstration projects conducted under this section may include-
(A) multidisciplinary projects designed to prevent the inappropriate
hospitalization of infants and to allow infants described in paragraph (1)
to remain with or return to a parent in a residential setting, where
appropriate care for the infant and suitable treatment for the parent
(including treatment for drug or alcohol addiction) may be assured, with
the goal (where possible) of rehabilitating the parent and eliminating the
need for such care for the infant;
(B) multidisciplinary projects that assure appropriate, individualized
care for such infants in a foster home or other non-medical residential
setting in cases where such infant does not require hospitalization and
would otherwise remain in inappropriate hospital settings, including
projects to demonstrate methods to recruit, train, and retain foster care
families; and
(C) such other projects as the Secretary determines will best serve the
interests of such infants and will serve as models for projects that
agencies or organizations in other communities may wish to develop.
(3) In the case of any project which includes the use of funds authorized
under this subsection for the care of infants in foster homes or other non-
medical residential settings away from their parents, there shall be developed
for each such infant a case plan of the type described in section 475(1) (to
the extent that such infant is not otherwise covered by such a plan), and each
such project shall include a case review system of the type described in
section 475(5) (covering each such infant who is not otherwise subject to such
a system).
(4) In evaluating applications from entities proposing to conduct
demonstration projects under this subsection, the Secretary shall give
priority to those projects that serve areas most in need of alternative care
arrangements for infants described in paragraph (1).
(5) No project may be funded unless the application therefor contains
assurances that it will-
(A) provide for adequate evaluation;
(B) provide for coordination with local governments;
(C) provide for community education regarding the inappropriate
hospitalization of infants;
(D) use, to the extent practical, other available private, local, State,
and Federal sources for the provision of direct services; and
(E) meet such other criteria as the Secretary may prescribe.
(6) Grants may be used to pay the costs of maintenance and of necessary
medical and social services (to the extent that these costs are not otherwise
paid for under other titles of this Act), and for such other purposes as the
Secretary may allow.
(7) The Secretary shall provide training and technical assistance to
grantees, as requested. 137
(c) 138
Payments of grants or under contracts or cooperative arrangements under
this section may be made in advance or by way of reimbursement, and in such
installments, as the Secretary may determine; and shall be made on such
conditions as the Secretary finds necessary to carry out the purposes of the
grants, contracts, or other arrangements.
FOSTER CARE PROTECTION REQUIRED FOR ADDITIONAL
FEDERAL PAYMENTS
Sec. 427 . [42 U.S.C. 627] (a) If, for any fiscal year after fiscal year
1979, there is appropriated under section 420 a sum in excess of $141,000,000,
a State shall not be eligible for payment from its allotment in an amount
greater than the amount for which it would be eligible if such appropriation
were equal to $141,000,000, unless such State-
(1) has conducted an inventory of all children who have been in foster
care under the responsibility of the State for a period of six months
preceding the inventory, and determined the appropriateness of, and
necessity for, the current foster placement, whether the child can be or
should be returned to his parents or should be freed for adoption, and the
services necessary to facilitate either the return of the child or the
placement of the child for adoption or legal guardianship; and
(2) has implemented and is operating to the satisfaction of the
Secretary-
(A) a statewide information system from which the status,
demographic characteristics, location, and goals for the placement of
every child in foster care or who has been in such care within the
preceding twelve months can readily be determined;
(B) a case review system (as defined in section 475(5)) for each
child receiving foster care under the supervision of the State; and
(C) a service program designed to help children, where appropriate,
return to families from which they have been removed or be placed for
adoption or legal guardianship.
(b) If, for each of any two consecutive fiscal years after the fiscal year
1979, there is appropriated under section 420 a sum equal to $266,000,000,
each State's allotment amount for any fiscal year after such two consecutive
fiscal years shall be reduced to an amount equal to its allotment amount for
the fiscal year 1979, unless such State-
(1) has completed an inventory of the type specified in subsection
(a)(1);
(2) has implemented and is operating the program and systems specified
in subsection (a)(2); and
(3) has implemented a preplacement preventive service program designed
to help children remain with their families.
(c) Any amounts expended by a State for the purpose of complying with the
requirements of subsection (a) or (b) shall be conclusively presumed to have
been expended for child welfare services.
PAYMENTS TO INDIAN TRIBAL ORGANIZATIONS 139
Sec. 428 . [42 U.S.C. 628] (a) The Secretary may, in appropriate cases (as
determined by the Secretary) make payments under this part directly to an
Indian tribal organization within any State which has a plan for child welfare
services approved under this part. Such payments shall be made in such manner
and in such amounts as the Secretary determines to be appropriate.
(b) Amounts paid under subsection (a) shall be deemed to be a part of the
allotment (as determined under section 421) for the State in which such Indian
tribal organization is located.
(c) For purposes of this section-
(1) the term "tribal organization" means the recognized governing body
of any Indian tribe, or any legally established organization of Indians
which is controlled, sanctioned, or chartered by such governing body; and
(2) the term "Indian tribe" means any tribe, band, nation, or other
organized group or community of Indians (including any Alaska Native
village or regional or village corporation as defined in or established
pursuant to the Alaska Native Claims Settlement Act (Public Law 92-203; 85
Stat. 688)) which (A) is recognized as eligible for the special programs
and services provided by the United States to Indians because of their
status as Indians, or (B) is located on, or in proximity to, a Federal or
State reservation or rancheria.
[Part C-430-445. Repealed. 143
Part D-Child Support and Establishment of Paternity 144
APPROPRIATION
Sec. 451 . [42 U.S.C. 651] For the purpose of enforcing the support
obligations owed by absent parents to their children and the spouse (or former spouse) with whom such children are
living, locating absent parents, establishing paternity, obtaining child and spousal support, and assuring that assistance in
obtaining support will be available under this part to all children (whether or not eligible for aid under part A) for
whom such assistance is requested, there is hereby authorized to be appropriated for each fiscal year a sum sufficient to
carry out the purposes of this part.
DUTIES OF THE SECRETARY
Sec. 452 . [42 U.S.C. 652] (a) The Secretary shall establish, within the
Department of Health and Human Services a separate organizational unit, under the direction of a designee of the
Secretary, who shall report directly to the Secretary and who shall-
(1) establish such standards for State programs for locating absent
parents, establishing paternity, and obtaining child support and support
for the spouse (or former spouse) with whom the absent parent's child is
living as he determines to be necessary to assure that such programs will
be effective;
(2) establish minimum organizational and staffing requirements for State
units engaged in carrying out such programs under plans approved under
this part;
(3) review and approve State plans for such programs;
(4) evaluate the implementation of State programs established pursuant
to such plan, conduct such audits of State programs established under the
plan approved under this part as may be necessary to assure their
conformity with the requirements of this part, and, not less often than
once every three years (or not less often than annually in the case of any
State to which a reduction is being applied under section 403(h)(1),
or which is operating under a corrective action plan in accordance with
section 403(h)(2)), conduct a complete audit of the programs established
under such plan in each State and determine for the purposes of the
penalty provision of section 403(h) whether the actual operation of such
programs in each State conforms to the requirements of this part;
(5) assist States in establishing adequate reporting procedures and
maintain records of the operations of programs established pursuant to
this part in each State;
(6) maintain records of all amounts collected and disbursed under
programs established pursuant to the provisions of this part and of the
costs incurred in collecting such amounts;
(7) provide technical assistance to the States to help them establish
effective systems for collecting child and spousal support and
establishing paternity;
(8) receive applications from States for permission to utilize the
courts of the United States to enforce court orders for support against
absent parents and, upon a finding that (A) another State has not
undertaken to enforce the court order of the originating State against
the absent parent within a reasonable time, and (B) that utilization of
the Federal courts is the only reasonable method of enforcing such order,
approve such applications;
(9) operate the Parent Locator Service established by section 453; and
(10) not later than three months after the end of each fiscal year,
beginning with the year 1977, submit to the Congress a full and complete
report on all activities undertaken pursuant to the provisions of this
part, which report shall include, but not be limited to, the following:
(A) total program costs and collections set forth in sufficient
detail to show the cost to the States and the Federal Government, the
distribution of collections to families, State and local governmental
units, and the Federal Government; and an identification of the
financial impact of the provisions of this part;
(B) costs and staff associated with the Office of Child Support
Enforcement;
(C) the following data, with the data required under each clause
being separately stated for cases where the child is receiving aid to
families with dependent children (or foster care maintenance payments
under part E), cases where the child was formerly receiving such aid
or payments and the State is continuing to collect support assigned to
it under section 402(a)(26) or 471(a)(17), and all other cases under
this part:
(i) the total number of cases in which a support obligation has
been established in the fiscal year for which the report is
submitted, and the total amount of such obligations;
(ii) the total number of cases in which a support obligation has
been established, and the total amount of such obligations;
(iii) the number of cases described in clause (i) in which
support was collected during such fiscal year, and the total
amount of such collections;
(iv) the number of cases described in clause (ii) in which
support was collected during such fiscal year, and the total
amount of such collections; and
(v) the number of child support cases filed in each State in
such fiscal year, and the amount of the collections made in each
State in such fiscal year, on behalf of children residing in
another State or against parents residing in another State;
(D) the status of all State plans under this part as of the end of
the fiscal year last ending before the report is submitted, together
with an explanation of any problems which are delaying or preventing
approval of State plans under this part;
(E) data, by State, on the use of the Federal Parent Locator
Service, and the number of locate requests submitted without the
absent parent's social security account number;
(F) the number of cases, by State, in which an applicant for or
recipient of aid under a State plan approved under part A has refused
to cooperate in identifying and locating the absent parent and the
number of cases in which refusal so to cooperate is based on good
cause (as determined in accordance with the standards referred to in
section 402(a)(26)(B)(ii));
(G) data, by State, on the use of Federal courts and on use of the
Internal Revenue Service for collections, the number of court orders
on which collections were made, the number of paternity determinations
made and the number of parents located, in sufficient detail to show
the cost and benefits to the States and to the Federal Government;
(H) the major problems encountered which have delayed or prevented
implementation of the provisions of this part during the fiscal year
last ending prior to the submission of such report; and
(I) the amount of administrative costs which are expended in each
functional category of expenditures, including establishment of
paternity.
The information contained in any such report under subparagraph (A) shall
specifically include (i) the total amount of child support payments
collected as a result of services furnished during the fiscal year
involved to individuals under section 454(6), (ii) the cost to the States
and to the Federal Government of furnishing such services to those
individuals, and (iii) the extent to which the furnishing of such
services was successful in providing sufficient support to those
individuals to assure that they did not require assistance under the
State plan approved under part A.
(b) The Secretary shall, upon the request of any State having in effect a
State plan approved under this part, certify to the Secretary of the
Treasury for collection pursuant to the provisions of section 6305 of the
Internal Revenue Code of 1954 139 the amount of any child support
obligation (including any support obligation with respect to the parent
who is living with the child and receiving aid under the State plan
approved under part A) which is assigned to such State or is undertaken
to be collected by such State pursuant to section 454(6). No amount may
be certified for collection under this subsection except the amount of
the delinquency under a court or administrative order for support and
upon a showing by the State that such State has made diligent and
reasonable efforts to collect such amounts utilizing its own collection
mechanisms, and upon an agreement that the State will reimburse the
Secretary of the Treasury for any costs involved in making the collection.
All reimbursements shall be credited to the appropriation accounts which
bore all or part of the costs involved in making the collections. The
Secretary after consultation with the Secretary of the Treasury may, by
regulation, establish criteria for accepting amounts for collection and for
making certification under this subsection including imposing such
limitations on the frequency of making such certifications under this
subsection.
(c) The Secretary of the Treasury shall from time to time pay to each State
for distribution in accordance with the provisions of section 457 the
amount of each collection made on behalf of such State pursuant to
subsection (b). 140
(d)(1) Except as provided in paragraph (3), the 141 Secretary shall not
approve the initial and annually updated advance automated 142 data
processing planning document, referred to in section 454(16), unless he
finds that such document, when implemented, will generally carry out the
objectives of the management system referred to in such subsection, and
such document-
(A) provides for the conduct of, and reflects the results of,
requirements analysis studies, which include consideration of the program
mission, functions, organization, services, constraints, and current
support, of, in, or relating to, such system,
(B) contains a description of the proposed management system referred to
in section 455(a)(1)(B), including a description of information flows,
input data, and output reports and uses,
(C) sets forth the security and interface requirements to be employed in
such management system,
(D) describes the projected resource requirements for staff and other
needs, and the resources available or expected to be available to meet
such requirements,
(E) contains an implementation plan and backup procedures to handle
possible failures,
(F) contains a summary of proposed improvement of such management system
in terms of qualitative and quantitative benefits, and
(G) provides such other information as the Secretary determines under
regulation is necessary.
(2)(A) The Secretary shall through the separate organizational unit
established pursuant to subsection (a), on a continuing basis, review, assess,
and inspect the planning, design, and operation of, management information
systems referred to in section 455(a)(1)(B), with a view to determining
whether, and to what extent, such systems meet and continue to meet
requirements imposed under paragraph (1) and the conditions specified under
section 454(16).
(B) If the Secretary finds with respect to any statewide management
information system referred to in section 455(a)(1)(B) that there is a
failure substantially to comply with criteria, requirements, and other
undertakings, prescribed by the advance automatic data processing planning
document theretofore approved by the Secretary with respect to such system,
then the Secretary shall suspend his approval of such document until there
is no longer any such failure of such system to comply with such criteria,
requirements, and other undertakings so prescribed.
(3) The Secretary may waive any requirement of paragraph (1) or any
condition specified under section 454(16) with respect to a State if-
(A) the State demonstrates to the satisfaction of the Secretary that the
State has an alternative system or systems that enable the State, for
purposes of section 403(h), to be in substantial compliance with other
requirements of this part; and
(B)(i) the waiver meets the criteria of paragraphs (1), (2), and (3) of
section 1115(c), or
(ii) the State provides assurances to the Secretary that steps will be
taken to otherwise improve the State's child support enforcement program. 143
(e) The Secretary shall provide such technical assistance to States as he
determines necessary to assist States to plan, design, develop, or install and
provide for the security of, the management information systems referred to in
section 455(a)(1)(B).
(f) The Secretary shall issue regulations to require that State agencies
administering the child support enforcement program under this part petition
for the inclusion of medical support as part of any child support order
whenever health care coverage is available to the absent parent at a
reasonable cost. Such regulation shall also provide for improved information
exchange between such State agencies and the State agencies administering the
State medicaid programs under title XIX with respect to the availability of
health insurance coverage.
(g) (1) A State's program under this part shall be found, for purposes of
section 403(h), not to have complied substantially with the requirements of
this part unless, for any fiscal year beginning on or after October 1, 1991,
its paternity establishment percentage for such fiscal year equals or exceeds-
(A) 50 percent;
(B) the paternity establishment percentage of the State for the fiscal
year 1988, increased by the applicable number of percentage points; or
(C) the paternity establishment percentage determined with respect to
all States for such fiscal year.
(2) For purposes of this section-
(A) the term "paternity establishment percentage" means, with respect
to a State (or all States, as the case may be) for a fiscal year, the
ratio (expressed as a percentage) that the total number of children-
(i) who have been born out of wedlock,
(ii)(I) except as provided in the last sentence of this paragraph,
with respect to whom aid is being paid under the State's plan approved
under part A (or under all such plans) for such fiscal year, or (II)
with respect to whom services are being provided under the State's
plan approved under this part (or under all such plans) for the fiscal
year pursuant to an application submitted under section 454(6), and
(iii) the paternity of whom has been established,
bears to the total number of children who have been born out of wedlock
and (except as provided in such last sentence) with respect to whom aid
is being paid under the State's plan approved under part A (or under all
such plans) for such fiscal year or with respect to whom services are
being provided under the State's plan approved under this part (or under
all such plans) for the fiscal year pursuant to an application submitted
under section 454(6); and
(B) the applicable number of percentage points means, with respect to a
fiscal year (beginning with the fiscal year 1991), 3 percentage points
multiplied by the number of fiscal years after the fiscal year 1989 and
before the beginning of such fiscal year.
For purposes of subparagraph (A), the total number of children shall not
include any child who is a dependent child by reason of the death of a
parent or any child with respect to whom an applicant or recipient is
found to have good cause for refusing to cooperate under section 402(a)(26).
(3)(A) The requirements of this subsection are in addition to and shall
not supplant any other requirement (that is not inconsistent with such
requirements) established in regulations by the Secretary for the purpose
of determining (for purposes of section 403(h)) whether the program of
a State operated under this part shall be treated as complying substantially
with the requirements of this part.
(B) The Secretary may modify the requirements of this subsection to take
into account such additional variables as the Secretary identifies
(including the percentage of children born out-of-wedlock in a State)
that affect the ability of a State to meet the requirements of this subsection.
(C) The Secretary shall submit an annual report to the Congress that sets
forth the data upon which the paternity establishment percentages for States
for a fiscal year are based, lists any additional variables the Secretary
has identified under subparagraph (A), and describes State performance
in establishing paternity. 145
(h) The standards required by subsection (a)(1) shall include standards
establishing time limits governing the period or periods within which a State
must accept and respond to requests (from States, jurisdictions thereof, or
individuals who apply for services furnished by the State agency under this
part or with respect to whom an assignment under section 402(a)(26) is in
effect) for assistance in establishing and enforcing support orders, including
requests to locate absent parents, establish paternity, and initiate
proceedings to establish and collect child support awards. 146
(i) The standards required by subsection (a)(1) shall include standards
establishing time limits governing the period or periods within which a State
must distribute, in accordance with section 457, amounts collected as child
support pursuant to the State's plan approved under this part. 147
PARENT LOCATOR SERVICE
Sec. 453 . [42 U.S.C. 653] (a) The Secretary shall establish and conduct a
Parent Locator Service, under the direction of the designee of the Secretary
referred to in section 452(a), which shall be used to obtain and transmit to
any authorized person (as defined in subsection (c)) information as to the
whereabouts of any absent parent when such information is to be used to
locate such parent for the purpose of enforcing support obligations
against such parent.
(b) Upon request, filed in accordance with subsection (d) of any authorized
person (as defined in subsection (c)) for the social security account number
(or numbers, if the individual involved has more than one such number) and
the most recent address and place of employment of any absent parent, the
Secretary shall, notwithstanding any other provision of law, provide
through the Parent Locator Service such information to such person, if
such information-
(1) is contained in any files or records maintained by the Secretary or
by the Department of Health and Human Services; or
(2) is not contained in such files or records, but can be obtained by
the Secretary, under the authority conferred by subsection (e), from any
other department, agency, or instrumentality of the United States or of
any State.
No information shall be disclosed to any person if the disclosure of such
information would contravene the national policy or security interests
of the United States or the confidentiality of census data. The Secretary
shall give priority to requests made by any authorized person described
in subsection (c)(1).
(c) As used in subsection (a), the term "authorized person" means-
(1) any agent or attorney of any State having in effect a plan approved
under this part, who has the duty or authority under such plans to seek
to recover any amounts owed as child and spousal support (including, when
authorized under the State plan, any official of a political subdivision);
(2) the court which has authority to issue an order against an absent
parent for the support and maintenance of a child, or any agent of such
court; and
(3) the resident parent, legal guardian, attorney, or agent of a child
(other than a child receiving aid under part A of this title) (as
determined by regulations prescribed by the Secretary) without regard to
the existence of a court order against an absent parent who has a duty to
support and maintain any such child.
(d) A request for information under this section shall be filed in such
manner and form as the Secretary shall by regulation prescribe and shall be
accompanied or supported by such documents as the Secretary may determine
to be necessary.
(e) (1) Whenever the Secretary receives a request submitted under
subsection (b) which he is reasonably satisfied meets the criteria established
by subsections (a), (b), and (c), he shall promptly undertake to provide the
information requested from the files and records maintained by any of the
departments, agencies, or instrumentalities of the United States or of any
State.
(2) Notwithstanding any other provision of law, whenever the individual who
is the head of any department, agency, or instrumentality of the United States
receives a request from the Secretary for information authorized to be provided
by the Secretary under this section, such individual shall promptly cause a
search to be made of the files and records maintained by such department,
agency, or instrumentality with a view to determining whether the information
requested is contained in any such files or records. If such search discloses
the information requested, such individual shall immediately transmit such
information to the Secretary, except that if any information is obtained
the disclosure of which would contravene national policy or security interests
of the United States or the confidentiality of census data, such information
shall not be transmitted and such individual shall immediately notify the
Secretary. If such search fails to disclose the information requested, such
individual shall immediately so notify the Secretary. The costs incurred by
any such department, agency, or instrumentality of the United States or of
any State in providing such information to the Secretary shall be reimbursed
by him. Whenever such services are furnished to an individual specified in
subsection (c)(3), a fee shall be charged such individual. The fee so charged
shall be used to reimburse the Secretary or his delegate for the expense of
providing such services. (3) The Secretary of Labor shall enter into an
agreement with the Secretary to provide prompt access for the Secretary
(in accordance with this subsection) to the wage and unemployment
compensation claims information and data maintained by or for the Department
of Labor or State employment security agencies. 147
(f) The Secretary, in carrying out his duties and functions under this
section, shall enter into arrangements with State agencies administering State
plans approved under this part for such State agencies to accept from resident
parents, legal guardians, or agents of a child described in subsection (c)(3)
and to transmit to the Secretary requests for information with regard to the
whereabouts of absent parents and otherwise to cooperate with the Secretary
in carrying out the purposes of this section.
STATE PLAN FOR CHILD AND SPOUSAL SUPPORT
Sec. 454 . [42 U.S.C. 654] 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 such State will undertake-
(A) in the case of a child born out of wedlock with respect to whom an assignment under section 402(a)(26) or
section 1912 148 is effective, to establish the paternity of such child, unless the agency administering the plan of the State
under part A of this title determines in accordance with the standards prescribed by the Secretary pursuant to section
402(a)(26)(B) 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 1912 is in effect, the State agency administering the plan approved under title XIX
determines pursuant to section 1912(a)(1)(B) that it is against the best interests of the child to do so, and
149
(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, 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 title XIX 150 (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 title determines in accordance with the standards
prescribed by the Secretary pursuant to section 402(a)(26)(B) 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;
(5) provide that (A) 151 in any case in which support payments are collected for an individual with respect to whom
an assignment under section 402(a)(26) is effective, such payments shall be made to the State for distribution pursuant to
section 457 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) 152 of the amount of the support payments collected; except
that this paragraph shall not apply to such payments 153 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; and (B)
in any case in which support payments are collected for an individual pursuant to the assignment made under section
1912, such payments shall be made to the State for distribution pursuant to section 1912, 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; 154
(6) provide that (A) 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 plan), (B) an application fee for furnishing such services shall be
imposed, which 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 464(a)(2), (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 aid under a State plan approved under part A, 154 and (E) 155 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; 156
(7) provide for entering into cooperative arrangements with appropriate
courts and law enforcement officials (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 the agency administering the plan will establish a
service to locate absent parents utilizing-
(A) all sources of information and available records, and
(B) the Parent Locator Service in the Department of Health and Human
Services; 157
(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 an absent 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 an absent 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, and
(D) in carrying out other functions required under a plan approved
under this part;
(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) provide that amounts collected as support shall be distributed as
provided in section 457;
(12) provide that any payment required to be made under section 456 or
457 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;
(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 absent parents, establishing paternity,
obtaining support orders, and collecting support payments;
(14) comply with such bonding requirements, for employees who receive,
disburse, handle, or have access to, cash, as the Secretary shall by
regulations prescribe; 158
(15) 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);
(16) provide, at the option of the State, for the establishment, in
accordance with an (initial and annually updated) advance automated 159
data processing planning document approved under section 452(d), of a
statewide automated 160 data processing and information retrieval system
designed effectively and efficiently to assist management in the
administration of the State plan, in the State and localities thereof,
so as (A) to control, account for, and monitor (i) all the factors in the
support enforcement collection and paternity determination process under
such plan (including, but not limited to, (I) identifiable correlation
factors (such as social security numbers, names, dates of birth, home
addresses and mailing addresses (including postal ZIP codes) of any
individual with respect to whom support obligations are sought to be
established or enforced and with respect to any person to whom such support
obligations are owing) to assure sufficient compatibility among the systems
of different jurisdictions to permit periodic screening to determine whether
such individual is paying or is obligated to pay support in more than one
jurisdiction, (II) checking of records of such individuals on a periodic
basis with Federal, intra- and inter-State, and local agencies, (III)
maintaining the data necessary to meet the Federal reporting requirements
on a timely basis, and (IV) delinquency and enforcement activities), (ii)
the collection and distribution of support payments (both intra- and
inter-State), the determination, collection, and distribution of incentive
payments both inter- and intra-State, and the maintenance of accounts
receivable on all amounts owed, collected and distributed, and
(iii) the costs of all services rendered, either directly or by interfacing
with State financial management and expenditure information, (B) to provide
interface with records of the State's aid to families with dependent
children program in order to determine if a collection of a support payment
causes a change affecting eligibility for or the amount of aid under such
program, (C) to provide for security against unauthorized access to, or use of,
the data in such system, (D) to facilitate the development and improvement
of the income withholding and other procedures required under section 466(a)
through the monitoring of support payments, the maintenance of accurate
records regarding the payment of support, and the prompt provision of notice
to appropriate officials with respect to any arrearages in support payments
which may occur, and (E) to provide management information on all cases under
the State plan from initial referral or application through collection and
enforcement;
(17) in the case of a State which has in effect an agreement with the
Secretary entered into pursuant to section 463 for the use of the Parent
Locator Service established under section 453, 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 464, 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 161,
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 462(e) of this Act) to require the
withholding of amounts from such compensation;
(20) provide, to the extent required by section 466, 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 466(e)) 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 absent 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 458, 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; 162
(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 163
(24) provide that if the State, as of the date of the enactment of this
paragraph, does not have in effect an automated data processing and
information retrieval system meeting all of the requirements of paragraph
(16), the State-
(A) will submit to the Secretary by October 1, 1991, for review and
approval by the Secretary within 9 months after submittal an advance
automated data processing planning document of the type referred to in
such paragraph; and
(B) will have in effect by October 1, 1995, an operational automated
data processing and information retrieval system, meeting all the
requirements of that paragraph, which has been approved by the
Secretary. 164
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).
PAYMENTS TO STATES 182
Sec. 455 . [42 U.S.C. 655] (a) (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 454, 165
(B) 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 454(16), or meets such requirements without regard to clause (D)
thereof, and 166
(C) 167 equal to 90 percent (rather than the percentage specified in
subparagraph (A)) 168 of so much of the sums expended during such quarter
as are attributable to laboratory costs incurred in determining paternity; 169
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 463. 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.
(b) (1) Prior to the beginning of each quarter, the Secretary shall estimate
the amount to which a State will be entitled under subsection (a) 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), 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. 170
(d) 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), 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).
(e) (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
absent 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 458(b) (as
amended by section 5(a) of the Child Support Enforcement Amendments of 1984
171 ), to have been expended for the operation of the State's plan approved
under section 454.
(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.
SUPPORT OBLIGATIONS
Sec. 456 . [42 U.S.C. 656] (a) (1) The support rights assigned to the State under
section 402(a)(26) or secured on behalf of a child receiving foster care
maintenance payments shall constitute an obligation owed to such State by the
individual responsible for providing such support. Such obligation shall be
deemed for collection purposes to be collectible under all applicable State
and local processes.
(2) The amount of such obligation shall be-
(A) the amount specified in a court order which covers the assigned
support rights, or
(B) if there is no court order, an amount determined by the State in
accordance with a formula approved by the Secretary, and
(3) Any amounts collected from an absent parent under the plan shall reduce,
dollar for dollar, the amount of his obligation under subparagraphs (A) and
(B) of paragraph (2).
(b) A debt which is a child support obligation assigned to a State under
section 402(a)(26) is not released by a discharge in bankruptcy under title
11, United States Code.
DISTRIBUTION OF PROCEEDS
Sec. 457 . [42 U.S.C. 657] (a) The amounts collected as child support by a
State pursuant to a plan approved under this part during the 15 months
beginning July 1, 1975, shall be distributed as follows:
(1) 40 per centum of the first $50 of such amounts as are collected
periodically which represent monthly support payments shall be paid to the
family without any decrease in the amount paid as assistance to such
family during such month;
(2) such amounts as are collected periodically which are in excess of
any amount paid to the family under paragraph (1) which represent monthly
support payments shall be retained by the State to reimburse it for
assistance payments to the family during such period (with appropriate
reimbursement of the Federal Government to the extent of its participation
in the financing);
(3) such amounts as are in excess of amounts retained by the State under
paragraph (2) and are not in excess of the amount required to be paid
during such period to the family by a court order shall be paid to the
family; and
(4) such amounts as are in excess of amounts required to be distributed
under paragraphs (1), (2), and (3) shall be (A) retained by the State
(with appropriate reimbursement of the Federal Government to the extent of
its participation in the financing) as reimbursement for any past
assistance payments made to the family for which the State has not been
reimbursed or (B) if no assistance payments have been made by the State
which have not been repaid, such amounts shall be paid to the family.
(b) The amounts collected as support by a State pursuant to a plan approved
under this part during any fiscal year beginning after September 30, 1976,
shall (subject to subsection (d)) be distributed as follows:
(1) of such amounts as are collected periodically which represent
monthly support payments, the first $50 of any payments for a month
received in that month, and the first $50 of payments for each prior month
received in that month which were made by the absent parent in the month
when due, 172 shall be paid to the family without affecting its
eligibility for assistance or decreasing any amount otherwise payable as
assistance to such family during such month;
(2) such amounts as are collected periodically which are in excess of
any amount paid to the family under paragraph (1) and which represent
monthly support payments shall be retained by the State to reimburse it
for assistance payments to the family during such period (with appropriate
reimbursement of the Federal Government to the extent of its participation
in the financing);
(3) such amounts as are in excess of amounts retained by the State under
paragraph (2) and are not in excess of the amount required to be paid
during such period to the family by a court or administrative order shall
be paid to the family; and
(4) such amounts as are in excess of amounts required to be distributed
under paragraphs (1), (2), and (3) shall be (A) retained by the State
(with appropriate reimbursement of the Federal Government to the extent of
its participation in the financing) as reimbursement for any past
assistance payments made to the family for which the State has not been
reimbursed or (B) if no assistance payments have been made by the State
which have not been repaid, such amounts shall be paid to the family.
(c) Whenever a family with respect to which child support enforcement
services have been provided pursuant to section 454(4) ceases to receive
assistance under part A of this title, the State shall provide appropriate
notice to the family and continue to provide such services, and pay any
amount of support collected, subject to the same conditions and on the
same basis as in the case of the individuals to whom services are
furnished pursuant to section 454(6), except that no application or
other request to continue services shall be required of a family to
which this subsection applies, and the provisions of section 454(6)(B)
may not be applied. 173
(d) Notwithstanding the preceding provisions of this section, amounts
collected by a State as child support for months in any period on behalf
of a child for whom a public agency is making foster care maintenance
payments under part E-
(1) shall be retained by the State to the extent necessary to reimburse
it for the foster care maintenance payments made with respect to the child
during such period (with appropriate reimbursement of the
Federal Government to the extent of its participation in the financing);
(2) shall be paid to the public agency responsible for supervising the
placement of the child to the extent that the amounts collected exceed the
foster care maintenance payments made with respect to the child during
such period but not the amounts required by a court or administrative
order to be paid as support on behalf of the child during such period; and
the responsible agency may use the payments in the manner it determines
will serve the best interests of the child, including setting such
payments aside for the child's future needs or making all or a part
thereof available to the person responsible for meeting the child's day-
to-day needs; and
(3) shall be retained by the State, if any portion of the amounts
collected remains after making the payments required under paragraphs (1)
and (2), to the extent that such portion is necessary to reimburse the
State (with appropriate reimbursement to the Federal Government to the
extent of its participation in the financing) for any past foster care
maintenance payments (or payments of aid to families with dependent
children) which were made with respect to the child (and with respect to
which past collections have not previously been retained);
and any balance shall be paid to the State agency responsible for supervising
the placement of the child, for use by such agency in accordance with
paragraph (2).
INCENTIVE PAYMENTS TO STATES 175
Sec. 458 . [42 U.S.C. 658] (a) In order to encourage and reward State child
support enforcement programs which perform in a cost-effective and efficient
manner to secure support for all children who have sought assistance in
securing support, whether such children reside within the State or elsewhere
and whether or not they are eligible for aid to families with dependent
children under a State plan approved under part A of this title, and
regardless of the economic circumstances of their parents, the Secretary
shall, from support collected which would otherwise represent the Federal
share of assistance to families of absent parents, pay to each State for each
fiscal year, on a quarterly basis (as described in subsection (e)) beginning
with the quarter commencing October 1, 1985, an incentive payment in an amount
determined under subsection (b).
(b) (1) Except as provided in paragraphs (2), (3), and (4), the incentive
payment shall be equal to-
(A) 6 percent of the total amount of support collected under the plan
during the fiscal year in cases in which the support obligation involved
is assigned to the State pursuant to section 402(a)(26) or section
471(a)(17) (with such total amount for any fiscal year being hereafter
referred to in this section as the State's "AFDC collections" for that
year), plus
(B) 6 percent of the total amount of support collected during the fiscal
year in all other cases under this part (with such total amount for any
fiscal year being hereafter referred to in this section as the State's
"non-AFDC collections" for that year).
(2) If subsection (c) applies with respect to a State's AFDC collections or
non-AFDC collections for any fiscal year, the percent specified in paragraph
(1)(A) or (B) (with respect to such collections) shall be increased to the
higher percent determined under such subsection (with respect to such
collections) in determining the State's incentive payment under this
subsection for that year.
(3) The dollar amount of the portion of the State's incentive payment for
any fiscal year which is determined on the basis of its non-AFDC collections
under paragraph (1)(B) (after adjustment under subsection (c) if applicable)
shall in no case exceed-
(A) the dollar amount of the portion of such payment which is determined
on the basis of its AFDC collections under paragraph (1)(A) (after
adjustment under subsection (c) if applicable) in the case of fiscal year
1986 or 1987;
(B) 105 percent of such dollar amount in the case of fiscal year 1988;
(C) 110 percent of such dollar amount in the case of fiscal year 1989;
or
(D) 115 percent of such dollar amount in the case of fiscal year 1990 or
any fiscal year thereafter.
(4) The Secretary shall make such additional payments to the State under
this part, for fiscal year 1986 or 1987, as may be necessary to assure that
the total amount of payments under this section and section 455(a)(1)(A) for
such fiscal year is no less than 80 percent of the amount that would have been
payable to that State and its political subdivisions for such fiscal year
under this section and section 455(a)(1)(A) if those sections (including the
amendment made by section 5(c)(2)(A) of the Child Support Enforcement
Amendments of 1984 176) had remained in effect as they were in effect
for fiscal year 1985.
(c) If the total amount of a State's AFDC collections or non-AFDC
collections for any fiscal year bears a ratio to the total amount expended by
the State in that year for the operation of its plan approved under section
454 for which payment may be made under section 455 (with the total amount so
expended in any fiscal year being hereafter referred to in this section as the
State's "combined AFDC/non-AFDC administrative costs" for that year) which
is equal to or greater than 1.4, the relevant percent specified in
subparagraph (A) or (B) of subsection (b)(1) (with respect to such
collections) shall be increased to-
(1) 6.5 percent, plus
(2) one-half of 1 percent for each full two-tenths by which such ratio
exceeds 1.4;
except that the percent so specified shall in no event be increased (for
either AFDC collections or non-AFDC collections) to more than 10 percent. For
purposes of the preceding sentence, laboratory costs incurred in determining
paternity in any fiscal year may at the option of the State be excluded from
the State's combined AFDC/non-AFDC administrative costs for that year.
(d) In computing incentive payments under this section, support which is
collected by one State at the request of another State shall be treated as
having been collected in full by each such State, and any amounts expended by
the State in carrying out a special project assisted under section 455(e)
shall be excluded 176.
(e) The amounts of the incentive payments to be made to the various States
under this section for any fiscal year shall be estimated by the Secretary at
or before the beginning of such year on the basis of the best information
available. The Secretary shall make such payments for such year, on a
quarterly basis (with each quarterly payment being made no later than the
beginning of the quarter involved), in the amounts so estimated, reduced or
increased to the extent of any overpayments or underpayments which the
Secretary determines were made under this section to the States involved for
prior periods and with respect to which adjustment has not already been made
under this subsection. Upon the making of any estimate by the Secretary under
the preceding sentence, any appropriations available for payments under this
section shall be deemed obligated.
CONSENT BY THE UNITED STATES TO GARNISHMENT AND SIMILAR
PROCEEDINGS FOR ENFORCEMENT OF CHILD SUPPORT AND ALIMONY OBLIGATIONS
Sec. 459 . [42 U.S.C. 659] (a) Notwithstanding any other provision of law
(including section 207), effective January 1, 1975, moneys (the entitlement to
which is based upon remuneration for employment) due from, or payable by, the
United States or the District of Columbia (including any agency, subdivision,
or instrumentality thereof) to any individual, including members of the armed
services, shall be subject, in like manner and to the same extent as if the
United States or the District of Columbia were a private person, to legal
process brought for the enforcement, against such individual of his legal
obligations to provide child support or make alimony payments.
(b) Service of legal process brought for the enforcement of an individual's
obligation to provide child support or make alimony payments shall be
accomplished by certified or registered mail, return receipt requested, or by
personal service, upon the appropriate agent designated for receipt of such
service of process pursuant to regulations promulgated pursuant to section 461
(or, if no agent has been designated for the governmental entity having
payment responsibility for the moneys involved, then upon the head of such
governmental entity). Such process shall be accompanied by sufficient data to
permit prompt identification of the individual and the moneys involved.
(c) No Federal employee whose duties include responding to interrogatories
pursuant to requirements imposed by section 461(b)(3) shall be subject under
any law to any disciplinary action or civil or criminal liability or penalty
for, or on account of, any disclosure of information made by him in connection
with the carrying out of any of his duties which pertain (directly or
indirectly) to the answering of any such interrogatory.
(d) Whenever any person, who is designated by law or regulation to accept
service of process to which the United States is subject under this section,
is effectively served with any such process or with interrogatories relating
to an individual's child support or alimony payment obligations, such person
shall respond thereto within thirty days (or within such longer period as may
be prescribed by applicable State law) after the date effective service
thereof is made, and shall, as soon as possible but not later than fifteen
days after the date effective service is so made of any such process, send
written notice that such process has been so served (together with a copy
thereof) to the individual whose moneys are affected thereby at his duty
station or last-known home address.
(e) Governmental entities affected by legal processes served for the
enforcement of an individual's child support or alimony payment obligations
shall not be required to vary their normal pay and disbursement cycles in
order to comply with any such legal process.
(f) Neither the United States, any disbursing officer, nor governmental
entity shall be liable with respect to any payment made from moneys due or
payable from the United States to any individual pursuant to legal process
regular on its face, if such payment is made in accordance with this section
and the regulations issued to carry out this section.
CIVIL ACTIONS TO ENFORCE SUPPORT OBLIGATIONS
Sec. 460 . [42 U.S.C. 660] The district courts of the United States shall
have jurisdiction, without regard to any amount in controversy, to hear and
determine any civil action certified by the Secretary of Health and Human
Services under section 452(a)(8) of this Act. A civil action under this
section may be brought in any judicial district in which the claim arose, the
plaintiff resides, or the defendant resides.
REGULATIONS PERTAINING TO GARNISHMENTS
Sec. 461 . [42 U.S.C. 661] (a) Authority to promulgate regulations for the
implementation of the provisions of section 459 shall, insofar as the
provisions of such section are applicable to moneys due from (or payable by)-
(1) the executive branch of the Government (including in such branch,
for the purposes of this subsection, the territories and possessions of
the United States, the United States Postal Service, the Postal Rate
Commission, any wholly owned Federal corporation created by an Act of
Congress, and the government of the District of Columbia), be vested in
the President (or his designee),
(2) the legislative branch of the Government, be vested jointly in the
President pro tempore of the Senate and the Speaker of the House of
Representatives (or their designees), and
(3) the judicial branch of the Government, be vested in the Chief
Justice of the United States (or his designee).
(b) Regulations promulgated pursuant to this section shall-
(1) in the case of those promulgated by the executive branch of the
Government, include a requirement that the head of each agency thereof
shall cause to be published, in the appendix of the regulations so
promulgated, (A) his designation of an agent or agents to accept service
of process, identified by title of position, mailing address, and
telephone number, and (B) an indication of the data reasonably required in
order for the agency promptly to identify the individual with respect to
whose moneys the legal process is brought,
(2) in the case of regulations promulgated for the legislative and
judicial branches of the Government set forth, in the appendix to the
regulations so promulgated, (A) the name, position, address, and telephone
number of the agent or agents who have been designated for service of
process, and (B) an indication of the data reasonably required in order
for such entity promptly to identify the individual with respect to whose
moneys the legal process is brought, and
(3) provide that (A) in the case of regulations promulgated by the
executive branch of the Government, each head of a governmental entity (or
his designee) shall respond to relevant interrogatories, if authorized by
the law of the State in which legal process will issue, prior to formal
issuance of such process, upon a showing of the applicant's entitlement to
child support or alimony payments, and (B) in the case of regulations
promulgated for the legislative and judicial branches of the Government,
the person or persons designated as agents for service of process in
accordance with paragraph (2) shall respond to relevant interrogatories if
authorized by the law of the State in which legal process will issue,
prior to formal issuance of legal process, upon a showing of the
applicant's entitlement to child support or alimony payments.
(c) In the event that a governmental entity, which is authorized under this
section or regulations issued to carry out this section to accept service of
process, pursuant to the provisions of subsection (a), is served with more
than one legal process with respect to the same moneys due or payable to any
individual, then such moneys shall be available to satisfy such processes on a
first-come, first-served basis, with any such process being satisfied out of
such moneys as remain after the satisfaction of all such processes which have
been previously served.
DEFINITIONS
Sec. 462 . [42 U.S.C. 662] For purposes of section 459-
(a) The term "United States" means the Federal Government of the United
States, consisting of the legislative branch, the judicial branch, and the
executive branch thereof, and each and every department, agency, or
instrumentality of any such branch, including the United States Postal
Service, the Postal Rate Commission, any wholly owned Federal corporation
created by an Act of Congress, any office, commission, bureau, or other
administrative subdivision or creature thereof, and the governments of the
territories and possessions of the United States.
(b) The term "child support", when used in reference to the legal
obligations of an individual to provide such support, means periodic payments
of funds for the support and maintenance of a child or children with respect
to which such individual has such an obligation, and (subject to and in
accordance with State law) includes but is not limited to, payments to provide
for health care, education, recreation, clothing, or to meet other specific
needs of such a child or children; such term also includes attorney's fees,
interest, and court costs, when and to the extent that the same are expressly
made recoverable as such pursuant to a decree, order, or judgment issued in
accordance with applicable State law by a court of competent jurisdiction.
(c) The term "alimony", when used in reference to the legal obligations of
an individual to provide the same, means periodic payments of funds for the
support and maintenance of the spouse (or former spouse) of such individual,
and (subject to and in accordance with State law) includes but is not limited
to, separate maintenance, alimony pendente lite, maintenance, and spousal
support; such term also includes attorney's fees, interest, and court costs
when and to the extent that the same are expressly made recoverable as such
pursuant to a decree, order, or judgment issued in accordance with applicable
State law by a court of competent jurisdiction. Such term does not include any
payment or transfer of property or its value by an individual to his spouse or
former spouse in compliance with any community property settlement, equitable
distribution of property, or other division of property between spouses or
former spouses.
(d) The term "private person" means a person who does not have sovereign
or other special immunity or privilege which causes such person not to be
subject to legal process.
(e) The term "legal process" means any writ, order, summons, or other
similar process in the nature of garnishment, which-
(1) is issued by (A) a court of competent jurisdiction within any State,
territory, or possession of the United States, (B) a court of competent
jurisdiction in any foreign country with which the United States has
entered into an agreement which requires the United States to honor such
process, or (C) an authorized official pursuant to an order of such a
court of competent jurisdiction or pursuant to State or local law, and
(2) is directed to, and the purpose of which is to compel, a
governmental entity, which holds moneys which are otherwise payable to an
individual, to make a payment from such moneys to another party in order
to satisfy a legal obligation of such individual to provide child support
or make alimony payments.
(f) Entitlement of an individual to any money shall be deemed to be "based
upon remuneration for employment", if such money consists of-
(1) compensation paid or payable for personal services of such
individual, whether such compensation is denominated as wages, salary,
commission, bonus, pay, or otherwise, and includes but is not limited to,
severance pay, sick pay, and incentive pay, but does not include awards
for making suggestions, or
(2) periodic benefits (including a periodic benefit as defined in
section 228(h)(3) of this Act) or other payments to such individual under
the insurance system established by title II of this Act or any other
system or fund established by the United States (as defined in subsection
(a)) which provides for the payment of pensions, retirement or retired
pay, annuities, dependents' or survivors' benefits, or similar amounts
payable on account of personal services performed by himself or any other
individual (not including any payment as compensation for death under any
Federal program, any payment under any Federal program established to
provide "black lung" benefits, any payment by the Veterans'
Administration as pension, or any payments by the Veterans' Administration
as compensation for a service-connected disability or death, except any
compensation paid by the Veterans' Administration to a former member of
the Armed Forces who is in receipt of retired or retainer pay if such
former member has waived a portion of his retired pay in order to receive
such compensation), and does not consist of amounts paid, by way of
reimbursement or otherwise, to such individual by his employer to defray
expenses incurred by such individual in carrying out duties associated
with his employment.
(g) In determining the amount of any moneys due from, or payable by, the
United States to any individual, there shall be excluded amounts which-
(1) are owed by such individual to the United States,
(2) are required by law to be, and are, deducted from the remuneration
or other payment involved, including but not limited to, Federal
employment taxes, and fines and forfeitures ordered by court-martial,
(3) are properly withheld for Federal, State, or local income tax
purposes, if the withholding of such amounts is authorized or required by
law and if amounts withheld are not greater than would be the case if such
individual claimed all dependents to which he was entitled (the
withholding of additional amounts pursuant to section 3402(i) of the
Internal Revenue Code of 1954 177 may be permitted only when such individual
presents evidence of a tax obligation which supports the additional
withholding),
(4) are deducted as health insurance premiums,
(5) are deducted as normal retirement contributions (not including
amounts deducted for supplementary coverage), or
(6) are deducted as normal life insurance premiums from salary or other
remuneration for employment (not including amounts deducted for
supplementary coverage).
USE OF FEDERAL PARENT LOCATOR SERVICE IN CONNECTION WITH THE ENFORCEMENT OR
DETERMINATION OF CHILD CUSTODY AND IN CASES OF PARENTAL KIDNAPING OF A CHILD
Sec. 463 . [42 U.S.C. 663] (a) The Secretary shall enter into an agreement
with any State which is able and willing to do so, under which the services of
the Parent Locator Service established under section 453 shall be made
available to such State for the purpose of determining the whereabouts of any
absent parent or child when such information is to be used to locate such
parent or child for the purpose of-
(1) enforcing any State or Federal law with respect to the unlawful
taking or restraint of a child; or
(2) making or enforcing a child custody determination.
(b) An agreement entered into under subsection (a) 178 shall provide that the
State agency described in section 454 will, under procedures prescribed by
the Secretary in regulations, receive and transmit to the Secretary requests
from authorized persons for information as to (or useful in determining)
the whereabouts of any absent parent or child when such information is to
be used to locate such parent or child for the purpose of-
(1) enforcing any State or Federal law with respect to the unlawful
taking or restraint of a child; or
(2) making or enforcing a child custody determination.
(c) Information authorized to be provided by the Secretary under subsection
(a), (b), or (e) 179 shall be subject to the same conditions with
respect to disclosure as information authorized to be provided under section
453, and a request for information by the Secretary under this section shall
be considered to be a request for information under section 453 which is
authorized to be provided under such section. Only information as to the most
recent address and place of employment of any absent parent or child shall be
provided under this section.
(d) For purposes of this section-
(1) the term "custody determination" means a judgment, decree, or
other order of a court providing for the custody or visitation of a child,
and includes permanent and temporary orders, and initial orders and
modification;
(2) the term "authorized person" means-
(A) any agent or attorney of any State having an agreement under
this section, who has the duty or authority under the law of such
State to enforce a child custody determination;
(B) any court having jurisdiction to make or enforce such a child
custody determination, or any agent of such court; and
(C) any agent or attorney of the United States, or of a State having
an agreement under this section, who has the duty or authority to
investigate, enforce, or bring a prosecution with respect to the
unlawful taking or restraint of a child.
(e) The Secretary shall enter into an agreement with the Central Authority
designated by the President in accordance with section 7 of the International
Child Abduction Remedies Act 180, under which the services of the Parent
Locator Service established under section 453 shall be made available to such
Central Authority upon its request for the purpose of locating any parent or
child on behalf of an applicant to such Central Authority within the meaning
of section 3(1) of that Act. The Parent Locator Service shall charge no fees
for services requested pursuant to this subsection. 181
COLLECTION OF PAST-DUE SUPPORT FROM FEDERAL TAX REFUNDS
Sec. 464 . [42 U.S.C. 664] (a) (1) Upon receiving notice from a State agency
administering a plan approved under this part that a named individual owes
past-due support which has been assigned to such State pursuant to section
402(a)(26) or section 471(a)(17), the Secretary of the Treasury shall
determine whether any amounts, as refunds of Federal taxes paid, are payable
to such individual (regardless of whether such individual filed a tax return
as a married or unmarried individual). If the Secretary of the Treasury finds
that any such amount is payable, he shall withhold from such refunds an amount
equal to the past-due support, shall concurrently send notice to such
individual that the withholding has been made (including in or with such
notice a notification to any other person who may have filed a joint return
with such individual of the steps which such other person may take in order to
secure his or her proper share of the refund), and shall pay such amount to
the State agency (together with notice of the individual's home address) for
distribution in accordance with section 457(b)(4) or (d)(3).
(2)(A) Upon receiving notice from a State agency administering a plan
approved under this part that a named individual owes past-due support (as
that term is defined for purposes of this paragraph under subsection (c))
which such State has agreed to collect under section 454(6), and that the
State agency has sent notice to such individual in accordance with paragraph
(3)(A), the Secretary of the Treasury shall determine whether any amounts, as
refunds of Federal taxes paid, are payable to such individual (regardless of
whether such individual filed a tax return as a married or unmarried
individual). If the Secretary of the Treasury finds that any such amount is
payable, he shall withhold from such refunds an amount equal to such past-due
support, and shall concurrently send notice to such individual that the
withholding has been made, including in or with such notice a notification to
any other person who may have filed a joint return with such individual of the
steps which such other person may take in order to secure his or her proper
share of the refund. The Secretary of the Treasury shall pay the amount
withheld to the State agency, and the State shall pay to the Secretary of the
Treasury any fee imposed by the Secretary of the Treasury to cover the costs
of the withholding and any required notification. The State agency shall,
subject to paragraph (3)(B), distribute such amount to or on behalf of the
child to whom the support was owed.
(B) This paragraph shall apply only with respect to refunds payable under
section 6402 of the Internal Revenue Code of 1954 181 after December 31, 1985, and before January 1, 1991. 201
(3)(A) Prior to notifying the Secretary of the Treasury under paragraph (1)
or (2) that an individual owes past-due support, the State shall send notice
to such individual that a withholding will be made from any refund otherwise
payable to such individual. The notice shall also (i) instruct the individual
owing the past-due support of the steps which may be taken to contest the
State's determination that past-due support is owed or the amount of the past-
due support, and (ii) provide information, as may be prescribed by the
Secretary of Health and Human Services by regulation in consultation with the
Secretary of the Treasury, with respect to procedures to be followed, in the
case of a joint return, to protect the share of the refund which may be
payable to another person.
(B) If the Secretary of the Treasury determines that an amount should be
withheld under paragraph (1) or (2), and that the refund from which it should
be withheld is based upon a joint return, the Secretary of the Treasury shall
notify the State that the withholding is being made from a refund based upon a
joint return, and shall furnish to the State the names and addresses of each
taxpayer filing such joint return. In the case of a withholding under
paragraph (2), the State may delay distribution of the amount withheld until
the State has been notified by the Secretary of the Treasury that the other
person filing the joint return has received his or her proper share of the
refund, but such delay may not exceed six months.
(C) If the other person filing the joint return with the named individual
owing the past-due support takes appropriate action to secure his or her
proper share of a refund from which a withholding was made under paragraph (1)
or (2), the Secretary of the Treasury shall pay such share to such other
person. The Secretary of the Treasury shall deduct the amount of such payment
from amounts subsequently payable to the State agency to which the amount
originally withheld from such refund was paid.
(D) In any case in which an amount was withheld under paragraph (1) or (2)
and paid to a State, and the State subsequently determines that the amount
certified as past-due support was in excess of the amount actually owed at the
time the amount withheld is to be distributed to or on behalf of the child,
the State shall pay the excess amount withheld to the named individual thought
to have owed the past-due support (or, in the case of amounts withheld on the
basis of a joint return, jointly to the parties filing such return).
(b) (1) The Secretary of the Treasury shall issue regulations, approved by
the Secretary of Health and Human Services, prescribing the time or times at
which States must submit notices of past-due support, the manner in which such
notices must be submitted, and the necessary information that must be
contained in or accompany the notices. The regulations shall be consistent
with the provisions of subsection (a)(3), shall specify the minimum amount of
past-due support to which the offset procedure established by subsection (a)
may be applied, and the fee that a State must pay to reimburse the Secretary
of the Treasury for the full cost of applying the offset procedure, and shall
provide that the Secretary of the Treasury will advise the Secretary of Health
and Human Services, not less frequently than annually, of the States which
have furnished notices of past-due support under subsection (a), the number of
cases in each State with respect to which such notices have been furnished,
the amount of support sought to be collected under this subsection by each
State, and the amount of such collections actually made in the case of each
State. Any fee paid to the Secretary of the Treasury pursuant to this
subsection may be used to reimburse appropriations which bore all or part of
the cost of applying such procedure.
(2) In the case of withholdings made under subsection (a)(2), the
regulations promulgated pursuant to this subsection shall include the
following requirements:
(A) The withholding shall apply only in the case where the State
determines that the amount of the past-due support which will be owed at
the time the withholding is to be made, based upon the pattern of payment
of support and other enforcement actions being pursued to collect the
past-due support, is equal to or greater than $500. The State may limit
the $500 threshold amount to amounts of past-due support accrued since the
time that the State first began to enforce the child support order
involved under the State plan, and may limit the application of the
withholding to past-due support accrued since such time.
(B) The fee which the Secretary of the Treasury may impose to cover the
costs of the withholding and notification may not exceed $25 per case
submitted.
(c) (1) Except as provided in paragraph (2), as used in this part the term
"past-due support" means the amount of a delinquency, determined under a
court order, or an order of an administrative process established under State
law, for support and maintenance of a child, or of a child and the parent with
whom the child is living.
(2) For purposes of subsection (a)(2), the term "past-due support" means
only past-due support owed to or on behalf of a minor child.
ALLOTMENTS FROM PAY FOR CHILD AND SPOUSAL SUPPORT OWED BY MEMBERS OF THE
UNIFORMED SERVICES ON ACTIVE DUTY
Sec. 465 . [42 U.S.C. 665] (a) (1) In any case in which child support
payments or child and spousal support payments are owed by a member of one of
the uniformed services (as defined in section 101(3) of title 37, United
States Code) on active duty, such member shall be required to make allotments
from his pay and allowances (under chapter 13 of title 37, United States Code)
as payment of such support, when he has failed to make periodic payments under
a support order that meets the criteria specified in section 303(b)(1)(A) of
the Consumer Credit Protection Act 182 (15 U.S.C. 1673(b)(1)(A)) and the resulting delinquency in such payments is in
a total amount equal to the support payable for two months or longer. Failure to make such payments shall be
established by notice from an authorized person (as defined in subsection (b)) to the designated official in the
appropriate uniformed service. Such notice (which shall in turn be given to the affected member) shall also specify the
person to whom the allotment is to be payable. The amount of the allotment shall be the amount necessary to comply
with the order (which, if the order so provides, may include arrearages as well as amounts for current support), except
that the amount of the allotment, together with any other amounts withheld for support from the wages of the member,
as a percentage of his pay from the uniformed service, shall not exceed the limits prescribed in sections 303(b) and (c) of
the Consumer Credit Protection Act 183 (15 U.S.C. 1673(b) and (c)). An allotment under this subsection shall be
adjusted or discontinued upon notice from the authorized person.
(2) Notwithstanding the preceding provisions of this subsection, no action
shall be taken to require an allotment from the pay and allowances of any
member of one of the uniformed services under such provisions (A) until such
member has had a consultation with a judge advocate of the service involved
(as defined in section 801(13) of title 10, United States Code), or with a law
specialist (as defined in section 801(11) of such title) in the case of the
Coast Guard, or with a legal officer designated by the Secretary concerned (as
defined in section 101(5) of title 37, United States Code) in any other case,
in person, to discuss the legal and other factors involved with respect to the
member's support obligation and his failure to make payments thereon, or (B)
until 30 days have elapsed after the notice described in the second sentence
of paragraph (1) is given to the affected member in any case where it has not
been possible, despite continuing good faith efforts, to arrange such a
consultation.
(b) For purposes of this section the term "authorized person" with respect
to any member of the uniformed services means-
(1) any agent or attorney of a State having in effect a plan approved
under this part who has the duty or authority under such plan to seek to
recover any amounts owed by such member as child or child and spousal
support (including, when authorized under the State plan, any official of
a political subdivision); and
(2) the court which has authority to issue an order against such member
for the support and maintenance of a child, or any agent of such court.
(c) The Secretary of Defense, in the case of the Army, Navy, Air Force, and
Marine Corps, and the Secretary concerned (as defined in section 101(5) of
title 37, United States Code) in the case of each of the other uniformed
services, shall each issue regulations applicable to allotments to be made
under this section, designating the officials to whom notice of failure to
make support payments, or notice to discontinue or adjust an allotment, should
be given, prescribing the form and content of the notice and specifying any
other rules necessary for such Secretary to implement this section.
REQUIREMENT OF STATUTORILY PRESCRIBED PROCEDURES TO IMPROVE EFFECTIVENESS OF CHILD
SUPPORT ENFORCEMENT 184
[42 U.S.C. 666] (a) In order to satisfy section 454(20)(A), each
State must have in effect laws requiring the use of the following procedures,
consistent with this section and with regulations of the Secretary, to
increase the effectiveness of the program which the State administers under
this part:
(1) Procedures described in subsection (b) for the withholding from
income of amounts payable as support.
(2) Procedures under which expedited processes (determined in accordance
with regulations of the Secretary) are in effect under the State judicial
system or under State administrative processes (A) for obtaining and
enforcing support orders, and (B) at the option of the State, for
establishing paternity. The Secretary may waive the provisions of this
paragraph with respect to one or more political subdivisions within the
State on the basis of the effectiveness and timeliness of support order
ACT-
issuance and enforcement within the political subdivision (in accordance
with the general rule for exemptions under subsection (d)).
(3) Procedures under which the State child support enforcement agency
shall request, and the State shall provide, that for the purpose of
enforcing a support order under any State plan approved under this part-
(A) any refund of State income tax which would otherwise be payable
to an absent parent will be reduced, after notice has been sent to
that absent parent of the proposed reduction and the procedures to be
followed to contest it (and after full compliance with all procedural
due process requirements of the State), by the amount of any overdue
support owed by such absent parent;
(B) the amount by which such refund is reduced shall be distributed
in accordance with section 457(b)(4) or (d)(3) in the case of overdue
support assigned to a State pursuant to section 402(a)(26) or
471(a)(17), or, in the case of overdue support which a State has
agreed to collect under section 454(6), shall be distributed, after
deduction of any fees imposed by the State to cover the costs of
collection, to the child or parent to whom such support is owed; and
(C) notice of the absent parent's social security account number (or
numbers, if he has more than one such number) and home address shall
be furnished to the State agency requesting the refund offset, and to
the State agency enforcing the order.
(4) Procedures under which liens are imposed against real and personal
property for amounts of overdue support owed by an absent parent who
resides or owns property in the State.
(5)(A) 185 (i) 186 Procedures which permit the establishment of the
paternity of any child at any time prior to such child's eighteenth
birthday.
(ii) As of August 16, 1984, the requirement of clause (i) shall also apply
to any child for whom paternity has not yet been established and any child for
whom a paternity action was brought but dismissed because a statute of
limitations of less than 18 years was then in effect in the State. 187 (B) Procedures under which the State is required
(except in cases where
the individual involved has been found under section 402(a)(26)(B) to have
good cause for refusing to cooperate) to require the child and all other
parties, in a contested paternity case, to submit to genetic tests upon
the request of any such party. 188
(6) Procedures which require that an absent parent give security, post a
bond, or give some other guarantee to secure payment of overdue support,
after notice has been sent to such absent parent of the proposed action
and of the procedures to be followed to contest it (and after full
compliance with all procedural due process requirements of the State).
(7) Procedures by which information regarding the amount of overdue
support owed by an absent parent residing in the State will be made
available to any consumer reporting agency (as defined in section 603(f)
of the Fair Credit Reporting Act 189 (15 U.S.C. 1681a(f))) upon the request of such agency;
except that (A) if the amount of the overdue support involved in any case
is less than $1,000, information regarding such amount shall be made
available only at the option of the State, (B) any information with
respect to an absent parent shall be made available under such procedures
only after notice has been sent to such absent parent of the proposed
action, and such absent parent has been given a reasonable opportunity to
contest the accuracy of such information (and after full compliance with
all procedural due process requirements of the State), and (C) a fee for
furnishing such information, in an amount not exceeding the actual cost
thereof, may be imposed on the requesting agency by the State.
(8)(A) 190 Procedures under which all child support orders not
described in subparagraph (B) 191 will include provision for withholding from
wages, in order to assure that withholding as a means of collecting child
support is available if arrearages occur without the necessity of filing
application for services under this part.
(B) Procedures under which all child support orders which are initially
issued in the State on or after January 1, 1994, and are not being
enforced under this part will include the following requirements:
(i) The wages of an absent parent shall be subject to withholding,
regardless of whether support payments by such parent are in arrears,
on the effective date of the order; except that such wages shall not
be subject to withholding under this clause in any case where (I) one
of the parties demonstrates, and the court (or administrative process)
finds, that there is good cause not to require immediate income
withholding, or (II) a written agreement is reached between both
parties which provides for an alternative arrangement.
(ii) The requirements of subsection (b)(1) (which shall apply in the
case of each absent parent against whom a support order is or has been
issued or modified in the State, without regard to whether the order
is being enforced under the State plan).
(iii) The requirements of paragraphs (2), (5), (6), (7), (8), (9),
and (10) of subsection (b), where applicable.
(iv) Withholding from income of amounts payable as support must be
carried out in full compliance with all procedural due process
requirements of the State. 192
(9) Procedures which require that any payment or installment of support
under any child support order, whether ordered through the State judicial
system or through the expedited processes required by paragraph (2), is
(on and after the date it is due)-
(A) a judgment by operation of law, with the full force, effect, and
attributes of a judgment of the State, including the ability to be
enforced,
(B) entitled as a judgment to full faith and credit in such State
and in any other State, and
(C) not subject to retroactive modification by such State or by any
other State;
except that such procedures may permit modification with respect to any
period during which there is pending a petition for modification, but only
from the date that notice of such petition has been given, either directly
or through the appropriate agent, to the obligee or (where the obligee is
the petitioner) to the obligor.
(10)(A) Procedures to ensure that, beginning 2 years after the date of
the enactment of this paragraph, if the State determines (pursuant to a
plan indicating how and when child support orders in effect in the State
are to be periodically reviewed and adjusted) that a child support order
being enforced under this part should be reviewed, the State must, at the
request of either parent subject to the order, or of a State child support
enforcement agency, initiate a review of such order, and adjust such
order, as appropriate, in accordance with the guidelines established
pursuant to section 467(a).
(B) Procedures to ensure that, beginning 5 years after the date of the
enactment of this paragraph or such earlier date as the State may select,
the State must implement a process for the periodic review and adjustment
of child support orders being enforced under this part under which the
order is to be reviewed not later than 36 months after the establishment
of the order or the most recent review, and adjusted, as appropriate, in
accordance with the guidelines established pursuant to section 467(a),
unless-
(i) in the case of an order with respect to an individual with
respect to whom an assignment under section 402(a)(26) is in effect,
the State has determined, in accordance with regulations of the
Secretary, that such a review would not be in the best interests of
the child and neither parent has requested review; and
(ii) in the case of any other order being enforced under this part,
neither parent has requested review.
(C) Procedures to ensure that the State notifies each parent subject to
a child support order in effect in the State that is being enforced under
this part-
(i) of any review of such order, at least 30 days before the
commencement of such review; and
(ii) of the right of such parent under subparagraph (B) to request
the State to review such order; and
(iii) of a proposed adjustment (or determination that there should
be no change) in the child support award amount, and such parent is
afforded not less than 30 days after such notification to initiate
proceedings to challenge such adjustment (or determination). 193
Notwithstanding section 454(20)(B), the procedures which are required
under paragraphs (3), (4), (6), and (7) need not be used or applied in cases
where the State determines (using guidelines which are generally available
within the State and which take into account the payment record of the
absent parent, the availability of other remedies, and other relevant
considerations) that such use or application would not carry out the
purposes of this part or would be otherwise inappropriate in the circumstances.
(b) The procedures referred to in subsection (a)(1) (relating to the
withholding from income of amounts payable as support) must provide for the
following:
(1) In the case of each absent parent against whom a support order is or
has been issued or modified in the State, and is being enforced under the
State plan, so much of such parent's wages (as defined by the State for
purposes of this section) must be withheld, in accordance with the
succeeding provisions of this subsection, as is necessary to comply with
the order and provide for the payment of any fee to the employer which may
be required under paragraph (6)(A), up to the maximum amount permitted
under section 303(b) of the Consumer Credit Protection Act 194 (15 U.S.C. 1673(b)). If there are
arrearages to be collected, amounts withheld to satisfy such arrearages,
when added to the amounts withheld to pay current support and provide for
the fee, may not exceed the limit permitted under such section 303(b), but
the State need not withhold up to the maximum amount permitted under such
section in order to satisfy arrearages.
(2) Such withholding must be provided without the necessity of any
application therefor in the case of a child (whether or not eligible for
aid under part A) with respect to whom services are already being provided
under the State plan under this part, and must be provided in accordance
with this subsection on the basis of an application for services under the
State plan in the case of any other child in whose behalf a support order
has been issued or modified in the State. In either case such withholding
must occur without the need for any amendment to the support order
involved or for any further action (other than those actions required
under this part) by the court or other entity which issued such order.
(3)(A) The wages of an absent parent shall be subject to such
withholding, regardless of whether support payments by such parent are in
arrears, in the case of a support order being enforced under this part
that is issued or modified on or after the first day of the 25th month
beginning after the date of the enactment of this paragraph, on the
effective date of the order; except that such wages shall not be subject
to such withholding under this subparagraph in any case where (i) one of
the parties demonstrates, and the court (or administrative process) finds,
that there is good cause not to require immediate income withholding, or
(ii) a written agreement is reached between both parties which provides
for an alternative arrangement.
(B) The wages of an absent parent shall become subject to such
withholding, in the case of wages not subject to withholding under
subparagraph (A), on the date on which the payments which the absent
parent has failed to make under a support order are at least equal to the
support payable for one month or, if earlier, and without regard to
whether there is an arrearage, the earliest of-
(i) the date as of which the absent parent requests that such
withholding begin,
(ii) the date as of which the custodial parent requests that such
withholding begin, if the State determines, in accordance with such
procedures and standards as it may establish, that the request should
be approved, or
(iii) such earlier date as the State may select. 195
(4)(A) Such withholding must be carried out in full compliance with all
procedural due process requirements of the State, and (subject to
subparagraph (B)) the State must send advance notice to each absent parent
to whom paragraph (1) applies regarding the proposed withholding and the
procedures such absent parent should follow if he or she desires to
contest such withholding on the grounds that withholding (including the
amount to be withheld) is not proper in the case involved because of
mistakes of fact. If the absent parent contests such withholding on those
grounds, the State shall determine whether such withholding will actually
occur, shall (within no more than 45 days after the provision of such
advance notice) inform such parent of whether or not withholding will
occur and (if so) of the date on which it is to begin, and shall furnish
such parent with the information contained in any notice given to the
employer under paragraph (6)(A) with respect to such withholding.
(B) The requirement of advance notice set forth in the first sentence of
subparagraph (A) shall not apply in the case of any State which has a
system of income withholding for child support purposes in effect on the
date of the enactment of this section 196 if such system provides on that
date, and continues to provide, such procedures as may be necessary to meet
the procedural due process requirements of State law.
(5) Such withholding must be administered by a public agency designated
by the State, and the amounts withheld must be expeditiously distributed
by the State or such agency in accordance with section 457 under
procedures (specified by the State) adequate to document payments of
support and to track and monitor such payments, except that the State may
establish or permit the establishment of alternative procedures for the
collection and distribution of such amounts (under the supervision of such
public agency) otherwise than through such public agency so long as the
entity making such collection and distribution is publicly accountable for
its actions taken in carrying out such procedures, and so long as such
procedures will assure prompt distribution, provide for the keeping of
adequate records to document payments of support, and permit the tracking
and monitoring of such payments.
(6)(A)(i) The employer of any absent parent to whom paragraph (1)
applies, upon being given notice as described in clause (ii), must be
required to withhold from such absent parent's wages the amount specified
by such notice (which may include a fee, established by the State, to be
paid to the employer unless waived by such employer) and pay such amount
(after deducting and retaining any portion thereof which represents the
fee so established) to the appropriate agency (or other entity authorized
to collect the amounts withheld under the alternative procedures described
in paragraph (5)) for distribution in accordance with section 457.
(ii) The notice given to the employer shall contain only such
information as may be necessary for the employer to comply with the
withholding order.
(B) Methods must be established by the State to simplify the withholding
process for employers to the greatest extent possible, including
permitting any employer to combine all withheld amounts into a single
payment to each appropriate agency or entity (with the portion thereof
which is attributable to each individual employee being separately
designated).
(C) The employer must be held liable to the State for any amount which
such employer fails to withhold from wages due an employee following
receipt by such employer of proper notice under subparagraph (A), but such
employer shall not be required to vary the normal pay and disbursement
cycles in order to comply with this paragraph.
(D) Provision must be made for the imposition of a fine against any
employer who discharges from employment, refuses to employ, or takes
disciplinary action against any absent parent subject to wage withholding
required by this subsection because of the existence of such withholding
and the obligations or additional obligations which it imposes upon the
employer.
(7) Support collection under this subsection must be given priority over
any other legal process under State law against the same wages.
(8) The State may take such actions as may be necessary to extend its
system of withholding under this subsection so that such system will
include withholding from forms of income other than wages, in order to
assure that child support owed by absent parents in the State will be
collected without regard to the types of such absent parents' income or
the nature of their income-producing activities.
(9) The State must extend its withholding system under this subsection
so that such system will include withholding from income derived within
such State in cases where the applicable support orders were issued in
other States, in order to assure that child support owed by absent parents
in such State or any other State will be collected without regard to the
residence of the child for whom the support is payable or of such child's
custodial parent.
(10) Provision must be made for terminating withholding.
(c) Any State may at its option, under its plan approved under section 454,
establish procedures under which support payments under this part will be made
through the State agency or other entity which administers the State's income
withholding system in any case where either the absent parent or the custodial
parent requests it, even though no arrearages in child support payments are
involved and no income withholding procedures have been instituted; but in any
such case an annual fee for handling and processing such payments, in an
amount not exceeding the actual costs incurred by the State in connection
therewith or $25, whichever is less, shall be imposed on the requesting parent
by the State.
(d) If a State demonstrates to the satisfaction of the Secretary, through
the presentation to the Secretary of such data pertaining to caseloads,
processing times, administrative costs, and average support collections, and
such other data or estimates as the Secretary may specify, that the enactment
of any law or the use of any procedure or procedures required by or pursuant
to this section will not increase the effectiveness and efficiency of the
State child support enforcement program, the Secretary may exempt the State,
subject to the Secretary's continuing review and to termination of the
exemption should circumstances change, from the requirement to enact the law
or use the procedure or procedures involved.
(e) For purposes of this section, the term "overdue support" means the
amount of a delinquency pursuant to an obligation determined under a court
order, or an order of an administrative process established under State law,
for support and maintenance of a minor child which is owed to or on behalf of
such child, or for support and maintenance of the absent parent's spouse (or
former spouse) with whom the child is living if and to the extent that spousal
support (with respect to such spouse or former spouse) would be included for
purposes of paragraph (4) or (6) of section 454. At the option of the State,
overdue support may include amounts which otherwise meet the definition in the
first sentence of this subsection but which are owed to or on behalf of a
child who is not a minor child. The option to include support owed to children
who are not minors shall apply independently to each procedure specified under
this section.
STATE GUIDELINES FOR CHILD SUPPORT AWARDS
Sec. 467 . [42 U.S.C. 667] (a) Each State, as a condition for having its
State plan approved under this part, must establish guidelines for child
support award amounts within the State. The guidelines may be established by
law or by judicial or administrative action, and shall be reviewed at least
once every 4 years to ensure that their application results in the
determination of appropriate child support award amounts 197 .
(b) (1) 198 The guidelines established pursuant to subsection (a)
shall be made available to all judges and other officials who have the power
to determine child support awards within such State 199 .
(2) There shall be a rebuttable presumption, in any judicial or
administrative proceeding for the award of child support, that the amount of
the award which would result from the application of such guidelines is the
correct amount of child support to be awarded. A written finding or specific
finding on the record that the application of the guidelines would be unjust
or inappropriate in a particular case, as determined under criteria
established by the State, shall be sufficient to rebut the presumption in that
case. 200
(c) The Secretary shall furnish technical assistance to the States for
establishing the guidelines, and each State shall furnish the Secretary with
copies of its guidelines.
ENCOURAGEMENT OF STATES TO ADOPT SIMPLE CIVIL PROCESS FOR VOLUNTARILY
ACKNOWLEDGING PATERNITY AND A CIVIL PROCEDURE FOR ESTABLISHING PATERNITY IN
CONTESTED CASES 201
Sec. 468 . [42 U.S.C. 668] In the administration of the child support
enforcement program under this part, each State is encouraged to establish and
implement a simple civil process for voluntarily acknowledging paternity and a
civil procedure for establishing paternity in contested cases.
COLLECTION AND REPORTING OF CHILD SUPPORT ENFORCEMENT DATA 202
Sec. 469 . [42 U.S.C. 669] (a) The Secretary of Health and Human Services
shall collect and maintain, on a fiscal year basis, up-to-date statistics, by
State, with respect to each of the services specified in subsection (b)
(separately stated in the case of each such service for families receiving aid
under plans approved under part A 203 and for families not receiving such aid), on-
(1) the number of cases in the child support enforcement agency caseload
under part D 204 which need the service involved; and
(2) the number of such cases in which the service has actually been
provided.
(b) The services referred to in subsection (a) are-
(1) paternity determination;
(2) location of an absent parent for the purpose of establishing a child
support obligation;
(3) establishment of a child support obligation; and
(4) location of an absent parent for the purpose of enforcing or
modifying an established child support obligation.
(c) For purposes of subsection (a)(2), a service has actually been provided
when the task described by the service has been accomplished.
Part E-Federal Payments for Foster Care and Adoption Assistance 225
APPROPRIATION 205
Sec. 470 . [42 U.S.C. 670] For the purpose of enabling each State to
provide, in appropriate cases, foster care and transitional independent living
programs for children who otherwise would be eligible for assistance under the
State's plan approved under part A and adoption assistance for children with
special needs, there are authorized to be appropriated for each fiscal year
(commencing with the fiscal year which begins October 1, 1980) such sums as
may be necessary to carry out the provisions of this part. The sums made
available under this section shall be used for making payments to States which
have submitted, and had approved by the Secretary, State plans under this
part.
STATE PLAN FOR FOSTER CARE AND ADOPTION ASSISTANCE
Sec. 471 . [42 U.S.C. 671] (a) In order for a State to be eligible for
payments under this part, it shall have a plan approved by the Secretary
which-
(1) provides for foster care maintenance payments in accordance with section 472 and for adoption assistance in
accordance with section 473;
(2) provides that the State agency responsible for administering the program authorized by part B of this title shall
administer, or
supervise the administration of, the program authorized by this part;
(3) provides that the plan shall be in effect in all political
subdivisions of the State, and, if administered by them, be mandatory upon them;
(4) provides that the State shall assure that the programs at the local
level assisted under this part will be coordinated with the programs at
the State or local level assisted under parts A and B of this title, under title XX of this Act, and under any other
appropriate provision of Federal law;
(5) provides that the State will, in the administration of its programs
under this part, use such methods relating to the establishment and
maintenance of personnel standards on a merit basis as are found by the
Secretary to be necessary for the proper and efficient operation of the
programs, except that the Secretary shall exercise no authority with
respect to the selection, tenure of office, or compensation of any
individual employed in accordance with such methods;
(6) provides that the State agency referred to in paragraph (2)
(hereinafter in this part referred to as the "State agency") will make
such reports, in such form and containing such information as the
Secretary may from time to time require, and comply with such provisions
as the Secretary may from time to time find necessary to assure the
correctness and verification of such reports;
(7) provides that the State agency will monitor and conduct periodic
evaluations of activities carried out under this part;
(8) provides safeguards which restrict the use of or disclosure of
information concerning individuals assisted under the State plan to
purposes directly connected with (A) the administration of the plan of the
State approved under this part, the plan or program of the State under
part A, B, or D of this title (including activities under part F) 227 or under title I, V, X, XIV, XVI (as in effect in
Puerto Rico, Guam, and the Virgin Islands), XIX, or XX, or the supplemental security
income program established by title XVI, (B) any investigation,
prosecution, or criminal or civil proceeding, conducted in connection with
the administration of any such plan or program, (C) the administration of
any other Federal or federally assisted program which provides assistance,
in cash or in kind, or services, directly to individuals on the basis of
need, and (D) any audit or similar activity conducted in connection with
the administration of any such plan or program by any governmental agency
which is authorized by law to conduct such audit or activity; and the
safeguards so provided shall prohibit disclosure, to any committee or
legislative body (other than an agency referred to in clause (D) with
respect to an activity referred to in such clause), of any information
which identifies by name or address any such applicant or recipient;
except that nothing contained herein shall preclude a State from providing
standards which restrict disclosures to purposes more limited than those
specified herein, or which, in the case of adoptions, prevent disclosure
entirely;
(9) provides that where any agency of the State has reason to believe
that the home or institution in which a child resides whose care is being
paid for in whole or in part with funds provided under this part or part B
of this title is unsuitable for the child because of the neglect, abuse,
or exploitation of such child, it shall bring such condition to the
attention of the appropriate court or law enforcement agency;
(10) provides for the establishment or designation of a State authority
or authorities which shall be responsible for establishing and maintaining standards for foster family homes and child
care institutions which are reasonably in accord with recommended standards of national organizations concerned
with standards for such institutions or homes, including standards related to admission policies, safety, sanitation, and
protection of civil rights, and provides that the standards so established shall be applied by the State to any foster
family home or child care institution receiving funds under this part or part B of this title;
(11) provides for periodic review of the standards referred to in the
preceding paragraph and amounts paid as foster care maintenance payments
and adoption assistance to assure their continuing appropriateness;
(12) provides for granting an opportunity for a fair hearing before the
State agency to any individual whose claim for benefits available pursuant to this part is denied or is not acted upon
with reasonable promptness;
(13) provides that the State shall arrange for a periodic and
independently conducted audit of the programs assisted under this part and part B of this title, which shall be
conducted no less frequently than once every three years;
(14) provides (A) specific goals (which shall be established by State
law on or before October 1, 1982) for each fiscal year (commencing with
the fiscal year which begins on October 1, 1983) as to the maximum number
of children (in absolute numbers or as a percentage of all children in
foster care with respect to whom assistance under the plan is provided
during such year) who, at any time during such year, will remain in foster
care after having been in such care for a period in excess of twenty-four
months, and (B) a description of the steps which will be taken by the
State to achieve such goals;
(15) effective October 1, 1983, provides that, in each case, reasonable
efforts will be made (A) prior to the placement of a child in foster care,
to prevent or eliminate the need for removal of the child from his home,
and (B) to make it possible for the child to return to his home;
(16) provides for the development of a case plan (as defined in section
475(1)) for each child receiving foster care maintenance payments under
the State plan and provides for a case review system which meets the
requirements described in section 475(5)(B) with respect to each such
child; and 228
(17) provides that, where appropriate, all steps will be taken,
including cooperative efforts with the State agencies administering the
plans approved under parts A and D, to secure an assignment to the State
of any rights to support on behalf of each child receiving foster care
maintenance payments under this part.
(b) The Secretary shall approve any plan which complies with the provisions
of subsection (a) of this section. However, in any case in which the Secretary
finds, after reasonable notice and opportunity for a hearing, that a State
plan which has been approved by the Secretary no longer complies with the
provisions of subsection (a), or that in the administration of the plan there
is a substantial failure to comply with the provisions of the plan, the
Secretary shall notify the State that further payments will not be made to the
State under this part, or that such payments will be made to the State but
reduced by an amount which the Secretary determines appropriate, until the
Secretary is satisfied that there is no longer any such failure to comply, and
until he is so satisfied he shall make no further payments to the State, or
shall reduce such payments by the amount specified in his notification to the
State.
FOSTER CARE MAINTENANCE PAYMENTS PROGRAM 229
Sec. 472 . [42 U.S.C. 672] (a) Each State with a plan approved under this
part shall make foster care maintenance payments (as defined in section
475(4)) under this part with respect to a child who would meet the
requirements of section 406(a) or of section 407 but for his removal from the
home of a relative (specified in section 406(a)), if-
(1) the removal from the home occurred pursuant to a voluntary placement
agreement entered into by the child's parent or legal guardian, or 230 was the result of a judicial determination to the
effect that continuation therein would be contrary to the welfare of such child and (effective October 1, 1983) that
reasonable efforts of the type described in section 471(a)(15) have been made;
(2) such child's placement and care are the responsibility of (A) the
State agency administering the State plan approved under section 471, or
(B) any other public agency with whom the State agency administering or
supervising the administration of the State plan approved under section
471 has made an agreement which is still in effect;
(3) such child has been placed in a foster family home or child-care
institution as a result of the voluntary placement agreement or judicial
231 determination referred to in paragraph (1); and
(4) such child-
(A) received aid under the State plan approved under section 402 in
or for the month in which such agreement was entered into or 232
court proceedings leading to the removal of such child from the home were initiated, or
(B)(i) would have received such aid in or for such month if application had been made therefor, or (ii) had been
living with a relative specified in section 406(a) within six months prior to the month in which such agreement was
entered into or 233 such proceedings were initiated, and would have received such aid in or for such month if in such
month he had been living with such a relative and application therefor had been made.
In any case where the child is an alien disqualified under section 245A(h),
210(f), or 210A(d)(7) of the Immigration and Nationality Act 234 from receiving aid under the State plan approved
under section 402 in or for the month in which such agreement was entered into or court proceedings leading to the
removal of the child from the home were instituted, such child shall be considered to satisfy the requirements of
paragraph (4) (and the corresponding requirements of section
473(a)(2) 235
(B)), with respect to that month, if he or she would have satisfied such
requirements but for such disqualification.
(b) Foster care maintenance payments may be made under this part only on
behalf of a child described in subsection (a) of this section who is-
(1) in the foster family home of an individual, whether the payments
therefor are made to such individual or to a public or nonprofit private
child-placement or child-care agency, or
(2) in a child-care institution, whether the payments therefor are made
to such institution or to a public or nonprofit private child-placement or
child-care agency, which payments shall be limited so as to include in
such payments only those items which are included in the term "foster
care maintenance payments" (as defined in section 475(4)).
(c) For the purposes of this part, (1) the term "foster family home" means
a foster family home for children which is licensed by the State in which it
is situated or has been approved, by the agency of such State having
responsibility for licensing homes of this type, as meeting the standards
established for such licensing; and (2) the term "child-care institution"
means a nonprofit private child-care institution, or a public child-care
institution which accommodates no more than twenty-five children, which is
licensed by the State in which it is situated or has been approved, by the
agency of such State responsible for licensing or approval of institutions of
this type, as meeting the standards established for such licensing, but the
term shall not include detention facilities, forestry camps, training schools,
or any other facility operated primarily for the detention of children who are
determined to be delinquent.
(d) Notwithstanding any other provision of this title, Federal payments may
be made under this part with respect to amounts expended by any State as
foster care maintenance payments under this section, in the case of children
removed from their homes pursuant to voluntary placement agreements as
described in subsection (a), only if (at the time such amounts were expended)
the State has fulfilled all of the requirements of section 427(b). 236
(e) No Federal payment may be made under this part with respect to amounts
expended by any State as foster care maintenance payments under this section,
in the case of any child who was removed from his or her home pursuant to a
voluntary placement agreement as described in subsection (a) and has remained
in voluntary placement for a period in excess of 180 days, unless there has
been a judicial determination by a court of competent jurisdiction (within the
first 180 days of such placement) to the effect that such placement is in the
best interests of the child. 237
(f) For the purposes of this part and part B of this title, (1) the term
"voluntary placement" means an out-of-home placement of a minor, by or with
participation of a State agency, after the parents or guardians of the minor
have requested the assistance of the agency and signed a voluntary placement
agreement; and (2) the term "voluntary placement agreement" means a written
agreement, binding on the parties to the agreement, between the State agency,
any other agency acting on its behalf, and the parents or guardians of a minor
child which specifies, at a minimum, the legal status of the child and the
rights and obligations of the parents or guardians, the child, and the agency
while the child is in placement. 238
(g) In any case where-
(1) the placement of a minor child in foster care occurred pursuant to a
voluntary placement agreement entered into by the parents or guardians of
such child as provided in subsection (a), and
(2) such parents or guardians request (in such manner and form as the
Secretary may prescribe) that the child be returned to their home or to
the home of a relative,
the voluntary placement agreement shall be deemed to be revoked unless the
State agency opposes such request and obtains a judicial determination, by a
court of competent jurisdiction, that the return of the child to such home
would be contrary to the child's best interests. 239
(h) 240 For purposes of titles XIX and XX, any child with respect to whom foster
care maintenance payments are made under this section shall be deemed to be a
dependent child as defined in section 406 and shall be deemed to be a
recipient of aid to families with dependent children under part A of this
title. For purposes of the preceding sentence, a child whose costs in a foster
family home or child-care institution are covered by the foster care
maintenance payments being made with respect to his or her minor parent, as
provided in section 475(4)(B), shall be considered a child with respect to
whom foster care maintenance payments are made under this section. 241
ADOPTION ASSISTANCE PROGRAM 242
Sec. 473 . [42 U.S.C. 673] (a) (1)(A) Each State having a plan approved
under this part shall enter into adoption assistance agreements (as defined in
section 475(3)) with the adoptive parents of children with special needs.
(B) Under any adoption assistance agreement entered into by a State with
parents who adopt a child with special needs, the State-
(i) shall make payments of nonrecurring adoption expenses incurred by or
on behalf of such parents in connection with the adoption of such child,
directly through the State agency or through another public or nonprofit
private agency, in amounts determined under paragraph (3), and
(ii) in any case where the child meets the requirements of paragraph
(2), may make adoption assistance payments to such parents, directly
through the State agency or through another public or nonprofit private
agency, in amounts so determined.
(2) For purposes of paragraph (1)(B)(ii), a child meets the requirements of
this paragraph if such child-
(A)(i) at the time adoption proceedings were initiated, met the
requirements of section 406(a) or section 407 or would have met such
requirements except for his removal from the home of a relative (specified
in section 406(a)), either pursuant to a voluntary placement agreement
with respect to which Federal payments are provided under section 474 (or
403) or 243 as a result of a judicial determination to the effect that
continuation therein would be contrary to the welfare of such child, 244
(ii) meets all of the requirements of title XVI with respect to
eligibility for supplemental security income benefits, or 245
(iii) is a child whose costs in a foster family home or child-care
institution are covered by the foster care maintenance payments being made
with respect to his or her minor parent as provided in section 475(4)(B),
246
(B)(i) received aid under the State plan approved under section 402 in
or for the month in which such agreement was entered into or 247 court proceedings leading to the removal of such
child from the home were initiated, or
(ii)(I) would have received such aid in or for such month if application
had been made therefor, or (II) had been living with a relative specified
in section 406(a) within six months prior to the month in which such
agreement was entered into or 248 such proceedings were initiated, and would have received such aid in or for such
month if in such month he had been living with such a relative and application therefor had been made, or
(iii) is a child described in subparagraph (A)(ii) or (A)(iii) 249, and
(C) has been determined by the State, pursuant to subsection (c) of this
section, to be a child with special needs.
The last sentence of section 472(a) shall apply, for purposes of subparagraph
(B), in any case where the child is an alien described in that sentence. 250
(3) The amount of the payments to be made in any case under clauses (i) and
(ii) of paragraph (1)(B) shall be determined through agreement between the
adoptive parents and the State or local agency administering the program under
this section, which shall take into consideration the circumstances of the
adopting parents and the needs of the child being adopted, and may be
readjusted periodically, with the concurrence of the adopting parents (which
may be specified in the adoption assistance agreement), depending upon changes
in such circumstances. However, in no case may the amount of the adoption
assistance payment made under clause (ii) of paragraph (1)(B) exceed the
foster care maintenance payment which would have been paid during the period
if the child with respect to whom the adoption assistance payment is made had
been in a foster family home.
(4) Notwithstanding the preceding paragraph, (A) no payment may be made to
parents with respect to any child who has attained the age of eighteen (or,
where the State determines that the child has a mental or physical handicap
which warrants the continuation of assistance, the age of twenty-one), and (B)
no payment may be made to parents with respect to any child if the State
determines that the parents are no longer legally responsible for the support
of the child or if the State determines that the child is no longer receiving
any support from such parents. Parents who have been receiving adoption
assistance payments under this section shall keep the State or local agency
administering the program under this section informed of circumstances which
would, pursuant to this subsection, make them ineligible for such assistance
payments, or eligible for assistance payments in a different amount.
(5) For purposes of this part, individuals with whom a child (who has been
determined by the State, pursuant to subsection (c), to be a child with
special needs) is placed for adoption in accordance with applicable State and
local law shall be eligible for such payments, during the period of the
placement, on the same terms and subject to the same conditions as if such
individuals had adopted such child.
(6)(A) For purposes of paragraph (1)(B)(i), the term "nonrecurring adoption
expenses" means reasonable and necessary adoption fees, court costs, attorney
fees, and other expenses which are directly related to the legal adoption of a
child with special needs and which are not incurred in violation of State or
Federal law.
(B) A State's payment of nonrecurring adoption expenses under an adoption
assistance agreement shall be treated as an expenditure made for the proper
and efficient administration of the State plan for purposes of section
474(a)(3)(B).
(b) For purposes of titles XIX and XX, any child-
(1)(A) who is a child described in subsection (a)(2), and
(B) with respect to whom an adoption assistance agreement is in effect
under this section (whether or not adoption assistance payments are
provided under the agreement or are being made under this section),
including any such child who has been placed for adoption in accordance
with applicable State and local law (whether or not an interlocutory or
other judicial decree of adoption has been issued), or
(2) with respect to whom foster care maintenance payments are being made
under section 472,
shall be deemed to be a dependent child as defined in section 406 and shall be
deemed to be a recipient of aid to families with dependent children under part
A of this title in the State where such child resides. For purposes of the
preceding sentence, a child whose costs in a foster family home or child-care
institution are covered by the foster care maintenance payments being made
with respect to his or her minor parent, as provided in section 475(4)(B),
shall be considered a child with respect to whom foster care maintenance
payments are being made under section 472. 251
(c) For purposes of this section, a child shall not be considered a child
with special needs unless-
(1) the State has determined that the child cannot or should not be
returned to the home of his parents; and
(2) the State had first determined (A) that there exists with respect to
the child a specific factor or condition (such as his ethnic background,
age, or membership in a minority or sibling group, or the presence of
factors such as medical conditions or physical, mental, or emotional
handicaps) because of which it is reasonable to conclude that such child
cannot be placed with adoptive parents without providing adoption
assistance under this section or medical assistance under title XIX, and
(B) that, except where it would be against the best interests of the child
because of such factors as the existence of significant emotional ties
with prospective adoptive parents while in the care of such parents as a
foster child, a reasonable, but unsuccessful, effort has been made to
place the child with appropriate adoptive parents without providing
adoption assistance under this section or medical assistance under title
XIX.
PAYMENTS TO STATES; ALLOTMENTS TO STATES 225
Sec. 474 . [42 U.S.C. 674] (a) For each quarter beginning after September
30, 1980, each State which has a plan approved under this part (subject to the
limitations imposed by subsection (b)) shall be entitled to a payment equal to
the sum of-
(1) an amount equal to the Federal medical assistance percentage (as
defined in section 1905(b) of this Act) of the total amount expended
during such quarter as foster care maintenance payments under section 472
for children in foster family homes or child-care institutions; plus
(2) an amount equal to the Federal medical assistance percentage (as
defined in section 1905(b) of this Act) of the total amount expended
during such quarter as adoption assistance payments under section 473
pursuant to adoption assistance agreements; plus
(3) 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 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, and
(B) one-half of the remainder of such expenditures; plus
(4) an amount for transitional independent living programs as provided
in section 477.
(b) (1) Notwithstanding the provisions of subsections (a)(1) and (a)(3), the
aggregate of the sums payable thereunder to any State (other than a State
subject to limitation under section 1108(a)) with respect to expenditures
relating to foster care, for the calendar quarters in any of the fiscal years
1981 through 1989 253 in which the conditions set forth in paragraph (2) are met, shall not exceed the State's allotment
for such year.
(2) (A) The limitation in paragraph (1) shall apply-
(i) with respect to fiscal year 1981, only if the amount appropriated under section 420 for such fiscal year is equal to
or greater than $163,550,000;
(ii) with respect to fiscal year 1982, only if the amount appropriated under section 420 for such fiscal year is equal to
or greater than $220,000,000; and
(iii) with respect to each of the fiscal years 1983 through 1989 254, only if the amount appropriated under section 420
for such fiscal year is equal to $266,000,000.
(B) The limitations set forth in paragraph (1) with respect to the fiscal years 1981 through 1989 255 shall apply only if
the required appropriation is made in advance in an appropriation Act (as authorized under section 420(b)) for the fiscal
year preceding the fiscal year to which the limitation would apply.
(3) For purposes of this subsection, a State's allotment for any fiscal year shall be the greater of-
(A) the amount determined under paragraph (4);
(B) an amount which bears the same ratio to $100,000,000 as the under
age eighteen population of such State bears to the under age eighteen
population of the fifty States and the District of Columbia; or
(C) at the option of the State, an amount determined under paragraph
(5), but only in the case of a State which meets the requirements of such
paragraph (5).
(4) For purposes of paragraph (3)(A), a State's allotment shall be
determined as follows:
(A) The allotment for any State for fiscal year 1980 shall be an amount
equal to such State's base amount (as determined under subparagraph (C))
increased by 21.2 percent.
(B) The allotment for any State for each of the fiscal years 1981
through 1989 256 shall be an amount equal to such State's allotment for the preceding fiscal year, increased or
decreased by a percentage equal to twice the percentage increase or decrease (as the case may be) (but not to exceed an
increase or decrease of 10 percent) in the Consumer Price Index prepared by the Department of Labor, and used in
determining cost-of-living adjustments under section 215(i) of this Act, for the second quarter of the preceding fiscal year
as compared to such index for the second quarter of the second preceding fiscal year. For purposes of this subparagraph
the Consumer Price Index for any quarter shall be the arithmetical mean of such index for the three months in such
quarter.
(C) The base amount shall be equal to the amount of the Federal funds
payable to such State for fiscal year 1978 under section 403 on account of
expenditures for aid with respect to which Federal financial participation
is authorized in payments pursuant to section 408 257 (including
administrative expenditures attributable to the provision of such aid as
determined by the Secretary) and for those States which in fiscal year
1978 did not make foster care maintenance payments under section 408 on
behalf of children otherwise eligible for such payment, solely because
their foster care was provided by related persons, shall be equal to the
total amount of Federal funds the State would have been entitled to be
paid under section 403 on account of expenditures pursuant to section 408
for that fiscal year if such payments had been made. In the event that
there is a dispute between any State and the Secretary as to the amount of
such expenditures for such fiscal year, then, until the beginning of the
fiscal year immediately following the fiscal year in which the dispute is
finally resolved, the base amount shall be deemed to be the amount of
Federal funds which would have been payable under section 403 if the
amount of such expenditures were equal to the amount thereof claimed by
the State.
(5) (A) For purposes of paragraph (3)(C), a State's allotment for any fiscal
year ending after September 30, 1980, and before October 1, 1989 258, may, at the option of the State (and if the State
meets the requirements of subparagraphs
(B) and (C)), be determined by application of the provisions of paragraph (4)
with the following modifications:
(i) The base amount for purposes of determining an allotment for any
such fiscal year shall be equal to the base amount determined under
paragraph (4)(C) increased by a percentage equal to the percentage by
which the average monthly number of children in such State receiving aid
with respect to which Federal financial participation is authorized in
payments pursuant to section 408 259, or receiving foster care maintenance payments with respect to which Federal
financial participation is authorized under this part, for such fiscal year exceeds the average monthly number of such
children for fiscal year 1978.
(ii) For purposes of clause (i), the percentage determined under such
clause shall not exceed 33.1 percent in the case of fiscal year 1981, 46.4
percent in the case of fiscal year 1982, 61.1 percent in the case of
fiscal year 1983, or 77.2 percent in the case of each of fiscal years 1984
through 1989 260
(B) No State may exercise the option to have its allotment amount determined
under the provisions of this paragraph unless, for fiscal year 1978, the
average monthly number of children in such State receiving aid for which
Federal financial participation is authorized in payments pursuant to section
408 as a percentage of the under age eighteen population of such State, was
less than the average such percentage for the fifty States and the District of
Columbia.
(C) No State may exercise the option to have its allotment determined under
this paragraph for any fiscal year other than fiscal year 1981 after the first
fiscal year (after fiscal year 1978) with respect to which the average monthly
number of children in such State receiving aid for which Federal financial
participation is authorized in payments pursuant to section 408, or receiving
foster care maintenance payments for which Federal financial participation is
authorized under this part, as a percentage of the under age eighteen
population of such State, was equal to or greater than the average such
percentage for the fifty States and the District of Columbia for the fiscal
year 1978. Any allotment determined under this paragraph for a State which
opted to have its allotment so determined under this paragraph for the fiscal
year prior to the first fiscal year for which its option may not be exercised
by reason of the preceding sentence shall be considered to be such State's
allotment for such prior fiscal year for purposes of determining allotments
for subsequent fiscal years under paragraph (4).
(D) In determining the number of children receiving aid for which Federal
financial participation is authorized in payments under section 408 or under
this part, for any fiscal year, with respect to any State and with respect to
the national average for purposes of subparagraphs (B) and (C), there shall be
included those children with respect to whom foster care maintenance payments
were not made under section 408 or this part (though they were otherwise
eligible for such payments) solely because their foster care was provided by
related persons. In the event that there is a dispute between any State and
the Secretary as to the number of such children (with respect to whom foster
care maintenance payments were not made) for any fiscal year, then until the
beginning of the fiscal year immediately following the fiscal year in which
the dispute is finally resolved, determinations under subparagraphs (B) and
(C) shall be made on the basis of the number of such children claimed by the
State.
(E) The Secretary shall promulgate an interim allotment amount for purposes
of this paragraph for each fiscal year for each State exercising its option to
have its allotment determined under this paragraph, based on the most recent
satisfactory data available, not later than six months after the beginning of
such fiscal year. The amount of such allotment shall be adjusted, and the
final allotment amount shall be promulgated, based on the most recent
satisfactory data available, not later than nine months after the end of such
fiscal year.
(6) Except in the case of a State which loses the option of having its
allotment determined under paragraph (5) by reason of the provisions of
paragraph (5)(C), and subject to the provisions of such paragraph (5)(C), the
amount of any allotment as determined in accordance with subparagraph (A),
(B), or (C) of paragraph (3) for any fiscal year for any State shall be
determined in accordance with the provisions of such subparagraph, without
regard to the amount of such State's allotment for any prior fiscal year as
determined in accordance with another such subparagraph.
(c) (1) Except as provided in paragraphs (3) and (4), for any of the fiscal
years 1981 through 1989 261 during which the limitation under subsection (b)(1) is in effect, sums available to a State
from its allotment under subsection (b) for carrying out this part, which the State does not claim as reimbursement for
expenditures in such year pursuant to subsection (a) of this section, may be
claimed by the State as reimbursement for expenditures in such year pursuant
to part B of this title, in addition to sums available pursuant to section 420
for carrying out part B.
(2) Except as provided in paragraphs (3) and (4), for any of the fiscal
years 1981 through 1989 262 during which the limitation under subsection (b)(1) is not in effect, a State may claim as
reimbursement for expenditures for such year pursuant to part B of this title, in addition to amounts claimed under
section 420, an amount equal to the amount by which the State's allotment amount for such fiscal year (as determined
under subsection (b)(3)) exceeds the amount claimed by such State for such fiscal year as reimbursement for expenses
relating to foster
care under subsection (a); except that the total amount claimed by such State
for such fiscal year under this paragraph, when added to the amount that such
State receives for such fiscal year under section 420, may not exceed the
amount that would have been payable to such State under section 420 for such
fiscal year if the relevant amount described in subsection (b)(2)(A) had been
appropriated for such fiscal year.
(3) The provisions of paragraphs (1) and (2) shall not apply for any fiscal
year with respect to any State which, with respect to such fiscal year,
exercised its option to have its allotment amount determined under subsection
(b)(5).
(4)(A) No State may claim an amount under the provisions of this subsection
as reimbursement for expenditures for any fiscal year pursuant to part B of
this title to the extent that such amount, plus the amount claimed by such
State for such fiscal year under section 420, exceeds the amount which would
be allotted to such State under part B if the amount appropriated under
section 420 were $141,000,000, unless such State has met the requirements set
forth in section 427(a).
(B) If, for each of any two consecutive fiscal years, there is appropriated
under section 420 a sum equal to $266,000,000, no State may claim any amount
under the provisions of this subsection as reimbursement for expenditures for
any succeeding fiscal year pursuant to part B of this title unless such State
has met the requirements set forth in section 427(b).
(C) If, for each of any two fiscal years during which the limitation under
subsection (b)(1) is not in effect, the total amount claimed by a State as
reimbursement for expenditures pursuant to part B under this subsection and
under section 420 equals the amount which would be allotted to such State for
such fiscal year under part B if the amount appropriated under section 420
were $266,000,000, such State may not claim any amount under the provisions of
paragraph (2) as reimbursement for expenditures for any succeeding fiscal year
pursuant to part B of this title unless such State has met the requirements
set forth in section 427(b).
(d) (1) The Secretary shall, prior to the beginning of each quarter,
estimate the amount to which a State will be entitled under subsections (a),
(b), and (c) 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 subsections, 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.
DEFINITIONS
Sec. 475 . [42 U.S.C. 675] As used in this part or part B of this title:
(1) The term "case plan" means a written document which includes at
least the following: A description of the type of home or institution in
which a child is to be placed, including a discussion of the
appropriateness of the placement and how the agency which is responsible
for the child plans to carry out the voluntary placement agreement entered
into or 263 judicial determination made with respect to the child in
accordance with section 472(a)(1); and a plan for assuring that the child
receives proper care and that services are provided to the parents, child,
and foster parents in order to improve the conditions in the parents'
home, facilitate return of the child to his own home or the permanent
placement of the child, and address the needs of the child while in foster
care, including a discussion of the appropriateness of the services that
have been provided to the child under the plan. Where appropriate, for a
child age 16 or over, the case plan must also include a written
description of the programs and services which will help such child
prepare for the transition from foster care to independent living.
(2) The term "parents" means biological or adoptive parents or legal
guardians, as determined by applicable State law.
(3) The term "adoption assistance agreement" means a written
agreement, binding on the parties to the agreement, between the State
agency, other relevant agencies, and the prospective adoptive parents of a
minor child which at a minimum (A) specifies the nature and amount of any
payments, services, and assistance to be provided under such agreement,
and (B) stipulates that the agreement shall remain in effect regardless of
the State of which the adoptive parents are residents at any given time.
The agreement shall contain provisions for the protection (under an
interstate compact approved by the Secretary or otherwise) of the
interests of the child in cases where the adoptive parents and child move
to another State while the agreement is effective.
(4) (A) 264 The term "foster care maintenance payments" means
payments to cover the cost of (and the cost of providing) food, clothing,
shelter, daily supervision, school supplies, a child's personal
incidentals, liability insurance with respect to a child, and reasonable
travel to the child's home for visitation. In the case of institutional
care, such term shall include the reasonable costs of administration and
operation of such institution as are necessarily required to provide the
items described in the preceding sentence.
(B) In cases where-
(i) a child placed in a foster family home or child-care institution
is the parent of a son or daughter who is in the same home or
institution, and
(ii) payments described in subparagraph (A) are being made under
this part with respect to such child,
the foster care maintenance payments made with respect to such child as
otherwise determined under subparagraph (A) shall also include such
amounts as may be necessary to cover the cost of the items described in
that subparagraph with respect to such son or daughter. 265
(5) The term "case review system" means a procedure for assuring that-
(A) each child has a case plan designed to achieve placement in the
least restrictive (most family like) setting available and in close
proximity to the parents' home, consistent with the best interest and
special needs of the child,
(B) the status of each child is reviewed periodically but no less
frequently than once every six months by either a court or by
administrative review (as defined in paragraph (6)) in order to
determine the continuing necessity for and appropriateness of the
placement, the extent of compliance with the case plan, and the extent
of progress which has been made toward alleviating or mitigating the
causes necessitating placement in foster care, and to project a likely date by which
the child may be returned to the home or placed for adoption or legal
guardianship, and
(C) with respect to each such child, procedural safeguards will be
applied, among other things, to assure each child in foster care under
the supervision of the State of a dispositional hearing to be held, in a
family or juvenile court or another court (including a tribal court) of competent jurisdiction, or by an
administrative body appointed or approved by the court, no later than eighteen months after the original placement
(and periodically
thereafter during the continuation of foster care), which hearing
shall determine the future status of the child (including, but not
limited to, whether the child should be returned to the parent, should
be continued in foster care for a specified period, should be placed
for adoption, or should (because of the child's special needs or
circumstances) be continued in foster care on a permanent or long-term
basis) and, in the case of a child who has attained age 16, the
services needed to assist the child to make the transition from foster
care to independent living 266; and procedural safeguards shall also be
applied with respect to parental rights pertaining to the removal of
the child from the home of his parents, to a change in the child's
placement, and to any determination affecting visitation privileges of
parents.
(6) The term "administrative review" means a review open to the
participation of the parents of the child, conducted by a panel of
appropriate persons at least one of whom is not responsible for the case
management of, or the delivery of services to, either the child or the
parents who are the subject of the review.
TECHNICAL ASSISTANCE; DATA COLLECTION AND EVALUATION
Sec. 476 . [42 U.S.C. 676] (a) The Secretary may provide technical
assistance to the States to assist them to develop the programs authorized
under this part and shall periodically (1) evaluate the programs authorized
under this part and part B of this title and (2) collect and publish data
pertaining to the incidence and characteristics of foster care and adoptions
in this country.
(b) Each State shall submit statistical reports as the Secretary may require
with respect to children for whom payments are made under this part containing
information with respect to such children including legal status, demographic
characteristics, location, and length of any stay in foster care.
INDEPENDENT LIVING INITIATIVES 267
Sec. 477 . [42 U.S.C. 677] (a) (1) 268 Payments shall be made in
accordance with this section for the purpose of assisting States and
localities in establishing and carrying out programs designed to assist
children described in paragraph (2) who have attained age 16 269 in
making the transition from foster care to independent living. Any State which
provides for the establishment and carrying out of one or more such programs
in accordance with this section for a fiscal year shall be entitled to receive
payments under this section for such fiscal year, in an amount determined
under subsection (e). Such payments shall be made only for the fiscal years
1987, 1988, and 1989 270 .
(2) A program established and carried out under paragraph (1)-
(A) shall be designed to assist children with respect to whom foster
care maintenance payments are being made by the State under this part,
271
(B) may at the option of the State also include any or all other
children in foster care under the responsibility of the State, and 272
(C) may at the option of the State also include any child to whom foster
care maintenance payments were previously made by a State under this part
and whose payments were discontinued on or after the date such child
attained age 16, and any child who previously was in foster care described
in subparagraph (B) and for whom such care was discontinued on or after
the date such child attained age 16, but such child may not be so included
after the end of the 6-month period beginning on the date of
discontinuance of such payments or care; and a written transitional
independent living plan of the type described in subsection (d)(6) shall
be developed for such child as a part of such program. 273
(b) The State agency administering or supervising the administration of the
State's programs under this part shall be responsible for administering or
supervising the administration of the State's programs described in subsection
(a). Payment under this section shall be made to the State, and shall be used
for the purpose of conducting and providing in accordance with this section
(directly or under contracts with local governmental entities or private
nonprofit organizations) the activities and services required to carry out the
program or programs involved.
(c) In order for a State to receive payments under this section for any
fiscal year, the State agency must submit to the Secretary, in such manner and
form as the Secretary may prescribe, a description of the program together
with satisfactory assurances that the program will be operated in an effective
and efficient manner and will otherwise meet the requirements of this section.
In the case of payments for fiscal year 1987, such description and assurances
must be submitted within 90 days after the Secretary promulgates regulations
as required under subsection (i), and in the case of payments for the fiscal
year 1988 or 1989, such description and assurances must be submitted prior to
February 1 of such fiscal year 274
(d) In carrying out the purpose described in subsection (a), it shall be the
objective of each program established under this section to help the
individuals participating in such program to prepare to live independently
upon leaving foster care. Such programs may include (subject to the
availability of funds) programs to-
(1) enable participants to seek a high school diploma or its equivalent
or to take part in appropriate vocational training;
(2) provide training in daily living skills, budgeting, locating and
maintaining housing, and career planning;
(3) provide for individual and group counseling;
(4) integrate and coordinate services otherwise available to
participants;
(5) provide for the establishment of outreach programs designed to
attract individuals who are eligible to participate in the program;
(6) provide each participant a written transitional independent living
plan which shall be based on an assessment of his needs, and which shall
be incorporated into his case plan, as described in section 475(1); and
(7) provide participants with other services and assistance designed to
improve their transition to independent living.
(e) (1) The amount to which a State shall be entitled under section
474(a)(4) for each of the fiscal years 1987, 1988, and 1989 270 shall be an amount which bears the same ratio to
$45,000,000 as such State's average number of children receiving foster care maintenance payments under this part in
fiscal year 1984 bears to the total of the average number of children receiving such payments under this part for all
States for fiscal year 1984.
(2) If any State does not apply for funds under this section for any fiscal
year within the time provided in subsection (c), the funds to which such State
would have been entitled for such fiscal year shall be reallocated to one or
more other States on the basis of their relative need for additional payments
under this section (as determined by the Secretary).
(3) Any amounts payable to States under this section shall be in addition to
amounts payable to States under subsections (a)(1), (a)(2), and (a)(3) of
section 474, and shall supplement and not replace any other funds which may be
available for the same general purposes in the localities involved. Amounts
payable under this section may not be used for the provision of room or board.
276
(f) Payments made to a State under this section for any fiscal year-
(1) shall be used only for the specific purposes described in this
section;
(2) may be made on an estimated basis in advance of the determination of
the exact amount, with appropriate subsequent adjustments to take account
of any error in the estimates; and
(3) shall be expended by such State in such fiscal year or in the
succeeding fiscal year.
Notwithstanding paragraph (3), payments made to a State under this section for
the fiscal year 1987 and unobligated may be expended by such State in the
fiscal year 1989. 277
(g) (1) Not later than the first January 1 following the end of each fiscal
year 278 , each State shall submit to the Secretary a report on the programs carried out during such fiscal year 279 with
the amounts received under this section. Such report-
(A) shall be in such form and contain such information as may be
necessary to provide an accurate description of such activities, to
provide a complete record of the purposes for which the funds were spent,
and to indicate the extent to which the expenditure of such funds
succeeded in accomplishing the purpose described in subsection (a); and
(B) shall specifically contain such information as the Secretary may
require in order to carry out the evaluation under paragraph (2).
(2)(A) Not later than July 1, 1988, the Secretary shall submit an interim
report on the activities carried out under this section.
(B) Not later than March 1, 1989, 280 the Secretary, on the basis of the reports submitted by States under paragraph (1)
for the fiscal years 1987 and 1988 281, and on the basis of such additional information as the Secretary may obtain or
develop, shall evaluate the use by States of the payments made available under this section for such fiscal year with
respect to the purpose of this section, with the objective of appraising the achievements of the programs for which such
payments were made available, and developing comprehensive information and data on the basis of which decisions can
be made with respect to the improvement of such programs and the necessity for providing further payments in
subsequent years. The Secretary shall report such evaluation to the
Congress. As a part of such evaluation, the Secretary shall include, at a minimum, a detailed overall description of the
number and characteristics of the individuals served by the programs, the various kinds of activities conducted and
services provided and the results achieved, and shall set forth in detail findings and comments with respect to the various
State programs and a statement of plans and recommendations for the future.
(h) Notwithstanding any other provision of this title, payments made and
services provided to participants in a program under this section, as a direct
consequence of their participation in such program, shall not be considered as
income or resources for purposes of determining eligibility (or the
eligibility of any other persons) for aid under the State's plan approved
under section 402 or 471, or for purposes of determining the level of such
aid.
(i) The Secretary shall promulgate final regulations for implementing this
section within 60 days after the date of the enactment of this section 282
EXCLUSION FROM AFDC UNIT OF CHILD FOR WHOM FOSTER CARE MAINTENANCE PAYMENTS ARE
MADE 283
Sec. 478 . [42 U.S.C. 678] Notwithstanding any other provision of this
title, a child with respect to whom foster care maintenance payments are made
under this part shall not, for the period for which such payments are made, be
regarded as a member of a family for purposes of determining the amount of the
benefits of the family under part A, and the income and resources of such
child shall not be counted as the income and resources of a family under such
part.
COLLECTION OF DATA RELATING TO ADOPTION AND FOSTER CARE 284
Sec. 479 . [42 U.S.C. 679] (a) (1) Not later than 90 days after the date of
the enactment of this subsection 285, the Secretary shall establish an Advisory Committee on Adoption and Foster Care
Information (in this section referred to as the "Advisory Committee") to study the various methods of establishing,
administering, and financing a system for the collection of data with respect to adoption and foster care in the United
States.
(2) The study required by paragraph (1) shall-
(A) identify the types of data necessary to-
(i) assess (on a continuing basis) the incidence, characteristics,
and status of adoption and foster care in the United States, and
(ii) develop appropriate national policies with respect to adoption
and foster care;
(B) evaluate the feasibility and appropriateness of collecting data with
respect to privately arranged adoptions and adoptions arranged through
private agencies without assistance from public child welfare agencies;
(C) assess the validity of various methods of collecting data with
respect to adoption and foster care; and
(D) evaluate the financial and administrative impact of implementing
each such method.
(3) Not later than October 1, 1987, the Advisory Committee shall submit to
the Secretary and the Congress a report setting forth the results of the study
required by paragraph (1) and evaluating and making recommendations with
respect to the various methods of establishing, administering, and financing a
system for the collection of data with respect to adoption and foster care in
the United States.
(4)(A) Subject to subparagraph (B), the membership and organization of the
Advisory Committee shall be determined by the Secretary.
(B) The membership of the Advisory Committee shall include representatives
of-
(i) private, nonprofit organizations with an interest in child welfare
(including organizations that provide foster care and adoption services),
(ii) organizations representing State and local governmental agencies
with responsibility for foster care and adoption services,
(iii) organizations representing State and local governmental agencies
with responsibility for the collection of health and social statistics,
(iv) organizations representing State and local judicial bodies with
jurisdiction over family law,
(v) Federal agencies responsible for the collection of health and social
statistics, and
(vi) organizations and agencies involved with privately ar-
ranged or international adoptions.
(5) After the date of the submission of the report required by paragraph
(3), the Advisory Committee shall cease to exist.
(b) (1)(A) Not later than July 1, 1988, the Secretary shall submit to the
Congress a report that-
(i) proposes a method of establishing, administering, and financing a
system for the collection of data relating to adoption and foster care in
the United States,
(ii) evaluates the feasibility and appropriateness of collecting data
with respect to privately arranged adoptions and adoptions arranged
through private agencies without assistance from public child welfare
agencies, and
(iii) evaluates the impact of the system proposed under clause (i) on
the agencies with responsibility for implementing it.
(B) The report required by subparagraph (A) shall-
(i) specify any changes in law that will be necessary to implement the
system proposed under subparagraph (A)(i), and
(ii) describe the type of system that will be implemented under
paragraph (2) in the absence of such changes.
(2) Not later than December 31, 1988, the Secretary shall promulgate final
regulations providing for the implementation of-
(A) the system proposed under paragraph (1)(A)(i), or
(B) if the changes in law specified pursuant to paragraph (1)(B)(i) have
not been enacted, the system described in paragraph (1)(B)(ii).
Such regulations shall provide for the full implementation of the system not
later than October 1, 1991.
(c) Any data collection system developed and implemented under this section
shall-
(1) avoid unnecessary diversion of resources from agencies responsible
for adoption and foster care;
(2) assure that any data that is collected is reliable and consistent
over time and among jurisdictions through the use of uniform definitions
and methodologies;
(3) provide comprehensive national information with respect to-
(A) the demographic characteristics of adoptive and foster children
and their biological and adoptive or foster parents,
(B) the status of the foster care population (including the number
of children in foster care, length of placement, type of placement,
availability for adoption, and goals for ending or continuing foster
care),
(C) the number and characteristics of-
(i) children placed in or removed from foster care, and
(ii) children adopted or with respect to whom adoptions have
been terminated, and
(D) the extent and nature of assistance provided by Federal, State,
and local adoption and foster care programs and the characteristics of
the children with respect to whom such assistance is provided; and
(4) utilize appropriate requirements and incentives to ensure that the
system functions reliably throughout the United States.
Footnotes
145/See Vol. II, P.L. 93-288, "The Robert T. Stafford Disaster Relief and Emergency Assistance Act", 312(d), with respect to exclusion from income
and resources of
certain Federal major disaster and emergency assistance; Vol. II, p. 645.
See Vol. II, P.L. 95-608, "Indian Child Welfare Act of 1978", 201(b), with respect to Indian child welfare; Vol. II, p. 698.
See Vol. II, P.L. 100-139, "Cow Creek Band of Umpqua Tribe of Indian Distribution of
Judgment Funds Act of 1987", 4(h)(6), with respect to exclusion of benefits as basis for denial of eligibility; Vol. II, p. 842.
See Vol. II, P.L. 100-407, "Technology-Related Assistance for Individuals With
Disabilities Act of 1988", 105(c), with respect to the effect of financial assistance under that Act; Vol. II, p. 902.
See Vol. II, P.L. 100-409, "Federal Land Exchange Facilitation Act of 1988", 5, with respect to the effect of this Act on P.L. 92-203 or P.L. 96-487;
Vol. II, p. 904.
See Vol. II, P.L. 100-411, [Land Claims of Coushatta Tribe of Louisiana], 2(d)(3)(B), with respect to the effect of per capita payments; Vol. II, p.
904.
See Vol. II, P.L. 100-581, [Indian Reorganization Act Amendments], 501, 502(b)(1), and 503, with respect to exclusion from income and resources
of certain judgment funds; Vol. II, p. 918.
146/P.L. 100-203, 9135(b)(2), struck out "and Guam" and substituted "Guam, and American Samoa", applicable with respect to fiscal years
beginning on or after October 1, 1988.
147/P.L. 96-272, 103(a), amended 422 in its entirety effective June 17, 1980, except that in the case of Guam, Puerto Rico, the Virgin Islands, and
the Commonwealth of the Northern Mariana Islands, 422(b)(1) shall be deemed to read as follows:
"(1) provide that (A) the State agency designated pursuant to section 402(a)(3) to administer or supervise the administration of the plan of
the State approved under part A of this title will administer or supervise the administration of such plan for child welfare services, and
(B) to the extent that child welfare services are furnished by the staff of the State agency or local agency administering such plan for child
welfare services, the organizational unit in such State or local agency established pursuant to section 402(a)(15) will be responsible for
furnishing such child welfare services,".
148/P.L. 96-272.
149/See Vol. II, P.L. 100-77, "Stewart B. McKinney Homeless Assistance Act", 761, with respect to a study of youth homelessness; Vol. II, p. 839.
150/P.L. 100-203, 9137(2), added this subsection (b), effective December 22, 1987.
151/P.L. 100-203, 9137(1), redesignated the former subsection (b) as subsection (c), effective December 22, 1987.
152/See Vol. II, P.L. 93-288, "The Robert T. Stafford Disaster Relief and Emergency Assistance Act", 312(d), with respect to exclusion from income
and resources of
certain Federal major disaster and emergency assistance; Vol. II, p. 645.
"Technology-Related Assistance for Individuals With Disabilities Act of 1988", 105(c), with respect to the effect of financial assistance
under that Act; Vol. II, p. 902.
See Vol. II, P.L. 100-409, "Federal Land Exchange Facilitation Act of 1988", 5, with respect to the effect of this Act on P.L. 92-203 or P.L. 96-487;
Vol. II, p. 904.
See Vol. II, P.L. 100-411, [Land Claims of Coushatta Tribe of Louisiana], 2(d)(3)(B), with respect to the effect of per capita payments; Vol. II, p.
904.
See Vol. II, P.L. 100-581, [Indian Reorganization Act Amendments], 501, 502(b)(1), and 503, with respect to exclusion from income and resources
of certain judgment funds; Vol. II, p. 918.
153/P.L. 100-485, 202(a), repealed part C of title IV. For the effective date, see P.L. 100-485, "Family Support Act of 1988", 204(a) and (b)(1); Vol.
II, p. 907. [For part C of title IV (430-445) as it reads until then, see Vol. III, P.L. 100-485.]
154/ See Vol. II, P.L. 73-30, "Wagner-Peyser Act", 3, for the requirement that State
employment offices supply data in aid of administration of the Aid to Families
With Dependent Children and child support programs; Vol. II, p. 226.
See Vol. II, P.L. 83-591, "Internal Revenue Code of 1954", 6103(l)(1) with respect to disclosure of returns and return information by the
Secretary of the Treasury to the Social Security Administration, 7213(a)(1) with respect to the penalty for unauthorized disclosure of that tax return
information, and 7217 with respect to civil damages for unauthorized disclosure of that tax information; Vol. II, p. 453.
See Vol. II, P.L. 95-630, "Financial Institutions Regulatory and Interest Rate Control Act of 1978", 1101-1121, with respect to an
individual's right to financial privacy; Vol. II, p. 705.
See Vol. II, P.L. 97-248, "Tax Equity and Fiscal Responsibility Act of 1982", 176, with respect to delayed effective date in cases requiring
State legislation; Vol. II, p. 740.
See Vol. II, P.L. 98-378, "Child Support Enforcement Amendments of 1984", 22, with respect to the Wisconsin Child Support Initiative;
Vol. II, p. 780.
See Vol. II, P.L. 99-177, [Public Debt Limit Increase], 256(e), with respect
to treatment of the child support enforcement program; Vol. II, p. 787.
155/P.L. 83-591.
156/P.L. 100-203, 9143(a), amended subsection (c) in its entirety, applicable with respect to amounts collected after December 22, 1987. [For
subsection (c) as it formerly read, see Vol. III, P.L. 100-203.]
157/P.L. 100-485, 123(b)(1), struck out "The" and substituted "Except as provided in paragraph (3), the", effective October 13, 1988.
158/ See Footnote#47
159/P.L. 100-485, 123(b)(2), added paragraph (3), effective October 13, 1988.
160/P.L. 100-485, 111(a), added subsection (g), effective October 13, 1988.
See Vol. II, P.L. 100-485, "Family Support Act of 1988", 111(f)(3), with respect to the Secretary's collection of data necessary to implement
the requirements of this subsection; Vol. II, p. 907.
161/P.L. 100-485, 121(a), added subsection (h), effective October 13, 1988.
See Vol. II, P.L. 100-485, "Family Support Act of 1988", 121(b), with respect to the establishment of an Advisory Committee and
regulations; Vol. II, p. 907.
162/P.L. 100-485, 122(a), added subsection (i), effective October 13, 1988.
See Vol. II, P.L. 100-485, "Family Support Act of 1988", 122(b), with respect to issuing regulations regarding those standards; Vol. II, p.
907.
163/P.L. 100-485, 124(a), added paragraph (3), effective January 1, 1990; however, the Secretary and the Secretary of Labor shall enter into the
agreement required by this paragraph not later than January 11, 1989.
164/P.L. 100-203, 9142(a)(1)(A), struck out "of this title" and substituted "or section 1912", effective on July 1, 1988.
165/P.L. 100-203, 9142(a)(1)(B), struck out "and" and substituted "or, in the case of such a child with respect to whom an assignment under section
1912 is in effect, the State agency administering the plan approved under title XIX determines pursuant to section 1912(a)(1)(B) that it is against
the best interests of the child to do so, and", effective on July 1, 1988.
166/P.L. 100-203, 9142(a)(1)(C), inserted "or medical assistance under a State plan approved under title XIX", effective on July 1, 1988.
167/P.L. 100-203, 9142(a)(2)(A), struck out the comma and substituted "(A)".
168/P.L. 100-485, 104(a), struck out "at least annually" and substituted "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)", effective
January 1, 1993.
169/P.L. 100- 203, 9141(a)(2), struck out "(except as provided in section
457(c))", effective December 22, 1987.
170/P.L. 100-203, 9142(a)(2)(B), added "and" and subparagraph (B), effective on July 1, 1988.
171/P.L. 100-485, 111(c)(2), added this subparagraph (D), effective November 1, 1989.
172/P.L. 100-485, 111(c)(1), redesignated the former subparagraph (D) as subparagraph (E).
173/See 31 U.S.C. 9701 with respect to fees and charges for Government services and things of value; Vol. II, p. 167.
174/See Vol. II, P.L. 83-591, "Internal Revenue Code of 1954", 6103(l)(6), with respect to disclosure to child support enforcement agencies; Vol. II, p.
453.
175/See 31 U.S.C. 9309 with respect to priority of sureties; Vol. II, p. 167.
176/*See Footnote #47
177/P.L. 100-485, 123(a)(2), struck out "an automatic" and substituted "a statewide automated", effective October 13, 1988.
178/P.L. 94-566.
179/P.L. 100-485, 123(a)(1)(A), struck out "and".
180/P.L. 100-485, 123(a)(1)(B), struck out the period and substituted "; and".
181/P.L. 100-485, 123(a)(1)(C), added paragraph (24), effective October 13, 1988.
182/See Vol. II, P.L. 99-177, Title II, "Balanced Budget and Emergency Deficit Control Act of 1985", 256(e) [as amended by P.L. 100-119], with
respect to treatment of child enforcement program; and 257(11), with respect to references to 401(c)(2) of the "Congressional Budget Act of 1974";
Vol. II, p. 787.
183/P.L. 100-485, 112(a)(1), struck out "and". P.L. 100-485, 123(c)(1), provides that this subparagraph shall be stricken effective September 30,
1995."
184/P.L. 100-485, 112(a)(2), struck out the semicolon and substituted ", and". P.L. 100-485, 123(c)(1), provides that this subparagraph shall be
stricken effective September 30, 1995.
185/P.L. 100-485, 123(c)(2), provides that this subparagraph shall be redesignated subparagraph (A), effective September 30, 1995.
186/P.L. 100-485, 123(c)(3)(A), provides that "(rather than the percentage
specified in subparagraph (A))" shall be stricken, effective September 30, 1995.
187/P.L. 100-485, 112(a)(3), added subparagraph (C), applicable with respect to laboratory costs incurred on or after October 1, 1988.
P.L. 100-485, 123(c)(3)(B), provides that "and" shall be inserted after the semicolon, effective September 30, 1995.
P.L. 100-485, 123(c)(4), provides that the following subparagraph shall be inserted, effective September 30, 1995:
"(B) 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 454;".
188/P.L. 97-248, 174(b); 96 Stat. 403.
189/P.L. 98-378.
190/P.L. 100-485, 102(b), struck out "the first $50 of such amounts as are collected periodically which represent monthly support payments" and
substituted "of such amounts as are collected periodically which represent monthly support
payments, the first $50 of any payments for a month received in that month, and the first $50 of payments for each prior month received in that
month which were made by the absent parent in the month when due,", effective January 1, 1989.
191/P.L. 100-203, 9141(a)(1), amended subsection (c) in its entirety, effective December 22, 1987. [For subsection (c) as it formerly read, see Vol.
III, P.L. 100-203.]
192/ See Footnote#182
193/P.L. 98-378.
194/P.L. 100-485, 127, inserted ", and any amounts expended by the State in carrying out a special project assisted under section 455(e) shall be
excluded", effective October 13, 1988.
195/See Vol. II, P.L. 83-591, "Internal Revenue Code of 1954", 3402(i); p. 1176.
196/P.L. 100-300, 11(1), struck out "this section" and substituted "subsection (a)", effective April 29, 1988.
197/P.L. 100-300, 11(2), struck out "this section" and substituted "subsection (a), (b), or (e)" effective April 29, 1988.
198/P.L. 100-300.
199/P.L. 100-300, 11(3), added subsection (e), effective April 29, 1988.
200/P.L. 83-591.
201/See Vol. II, P.L. 100-203, "Omnibus Budget Reconciliation Act of 1987", 9402(b), with respect to the Congressional intent as to the scope of P.L.
83-591, 6402(d)-(g) (added by P.L. 98-369); Vol. II, p. 842.
202/P.L. 90-321.
203/ See Footnote#202
204/See Vol. II, P.L. 100-485, "Family Support Act of 1988", 101(c), with respect to a study on making immediate income withholding mandatory in
all cases; 103(d), with respect to a study of impact of extending a periodic review requirement to all
other cases; and 103(e), with respect to demonstration projects for evaluating model procedures for reviewing child support awards; Vol. II, p. 907.
205/P.L. 100-485, 111(b)(1), inserted "(A)".
206/P.L. 100-485, 111(e)(1) [as amended by P.L. 100-647, 8105(4)], inserted "(i)".
207/P.L. 100-485, 111(e)(2), added clause (ii), effective October 13, 1988. Alignment as in original.
208/P.L. 100-485, 111(b)(2), added subparagraph (B), effective November 1, 1989.
209/P.L. 90-321, Title VI.
210/P.L. 100-485, 101(b)(1), inserted "(A)".
211/P.L. 100-485, 101(b)(2), struck out "which are issued or modified in the
State" and substituted "not described in subparagraph (B)", effective January 1, 1994.
212/P.L. 100-485, 101(b)(3), added subparagraph (B), effective January 1, 1994.
213/P.L. 100-485, 103(c), added paragraph (10), effective October 13, 1989.
214/P.L. 90-321.
215/P.L. 100-485, 101(a), amended paragraph (3) in its entirety, effective November 1, 1990. Until then, paragraph (3) reads as follows:
"(3) An absent parent shall become subject to such withholding,
and the advance notice required under paragraph (4) shall be given,
on the earliest of-
"(A) the date on which the payments which the absent parent
has failed to make under such order are at least equal
to the support payable for one month,
"(B) the date as of which the absent parent requests
that such withholding begin, or
"(C) such earlier date as the State may select.".
216/August 16, 1984. [P.L. 98-378, 3(b); 98 Stat. 1306]
217/P.L. 100-485, 103(b), inserted ", and shall be reviewed at least once every 4 years to ensure that their application results in the determination of
appropriate child support award amounts", effective October 13, 1989.
218/P.L. 100-485, 103(a)(1), inserted "(1)".
219/P.L. 100-485, 103(a)(2), struck out ", but need not be binding upon such
judges or other officials", effective October 13, 1989.
220/P.L. 100-485, 103(a)(3), added paragraph (2), effective October 13, 1989.
221/P.L. 100-485, 111(d), added 468, effective October 13, 1988.
222/P.L. 100-485, 129, added 469, effective October 13, 1988.
223/P.L. 100-647, 8105(6)(A), struck out "of title IV of the Social Security Act",
effective as if included in the enactment of P.L. 100-485, 129.
224/P.L. 100-647, 8105(6)(B), struck out "of title IV of such Act", effective as if included in the enactment of P.L. 100-485, 129.
225/See Vol. II, P.L. 99-177, Title II, "Balanced Budget and Emergency Deficit Control Act of 1985", 256(f), with respect to treatment of foster care
and adoption assistance programs; Vol. II, p. 787.
226/See Vol. II, P.L. 100-505, "Abandoned Infants Assistance Act of 1988", 201 and 301, with respect to a study and report on assistance; Vol. II, p.
917.
227/P.L. 100-485, 202(c)(1), struck out "C, or D of this title" and substituted "or D of this title (including activities under part F)". For the effective
date, see P.L. 100-485, "Family Support Act of 1988", 204(a) and (b)(1); Vol. II, p. 907.
228/See Vol. II, P.L. 96-272, "Adoption Assistance and Child Welfare Act of 1980", 102(e), with respect to the Secretary's report to Congress on the
number of children placed in foster care pursuant to certain voluntary placement agreements; Vol. II, p. 718.
229/See Vol. II, P.L. 96-272, "Adoption Assistance and Child Welfare Act of 1980", 102(e), with respect to the Secretary's report to Congress on the
number of children placed in foster care pursuant to certain voluntary placement agreements; Vol. II, p. 718.
230/P.L. 96-272, 102(a)(1)(A), inserted "occurred pursuant to a voluntary placement agreement entered into by the child's parent or legal guardian,
or", effective with respect to expenditures made after September 30, 1980, and before October 1, 1983.
P.L. 98-118, 3(a), effective October 11, 1983, amended that effective date by striking out "1983" and substituting "1984".
P.L. 98-617, 4(c)(1), effective November 8, 1984, amended that same effective date by striking out "1984" and substituting "1985".
P.L. 99-190, 101(j), deemed references in that effective date to fiscal year 1985 to be references to fiscal year 1986, effective December 19, 1985.
P.L. 99-272, 12306(c)(1), struck out "1985" in that effective date and substituted "1987", effective April 7, 1986.
P.L. 100-203, 913(a)(1), amended that effective date by striking out "and before October 1, 1987", effective October 1, 1987.
P.L. 96-272, 102(c), provides that P.L. 96-272, 102(a), is effective only with respect to expenditures made after September 30, 1979, and before
October 1, 1983, and that from and after October 1, 1983, 472(a)(1) shall read as it would if P.L. 96-272, 102, had not been enacted.
P.L. 98-118, 3(b), effective October 11, 1983, amended that effective date by striking out "1983" and substituting "1984".
P.L. 98-617, 4(c)(2), effective November 8, 1984, amended that effective date by striking out "1984" and substituting "1985".
P.L. 99-190, 101(j), deemed references in that effective date to fiscal year 1985 to be references to fiscal year 1986, effective December 19, 1985.
P.L. 100-203, 9131(a)(2), amended P.L. 96-272, 102(c), by striking out all that follows "September 30, 1979" and substituting a period, effective
October 1, 1987. For legislative history comment, see House Conference Report 96-900, pp. 50 and 51, on P.L. 96-272.
231/P.L. 96-272, 102(a)(1)(B), struck out "a"and substituted "the voluntary placement agreement or judicial", effective with respect to expenditures
made after September 30, 1980, and before October 1, 1983.
P.L. 98-118, 3(b), effective October 11, 1983, amended that effective date by striking out "1983" and substituting "1984".
P.L. 98-617, 4(c)(2), effective November 8, 1984, amended that effective date by striking out "1984" and substituting "1985".
P.L. 99-190, 101(j), deemed references in that effective date to fiscal year 1985 to be references to fiscal year 1986, effective December 19, 1985.
P.L. 99-272, 12306(c)(2), struck out "1985" in that effective date and substituted "1987", effective April 7, 1986.
P.L. 100-203, 9131(a)(2), amended P.L. 96-272, 102(c), by striking out all that follows "September 30, 1979" and substituting a period, effective
October 1, 1987.
For legislative history comment, see House Conference Report 96-900, pp. 50 and 51, on P.L. 96-272.
232/P.L. 96-272, 102(a)(1)(C), inserted "such agreement was entered into or", effective with respect to expenditures made after September 30, 1980,
and before October 1, 1983.
P.L. 98-118, 3(a), effective October 11, 1983, amended that effective date by striking out "1983" and substituting "1984".
P.L. 98-617, 4(c)(1), effective November 8, 1984, amended that same effective date by striking out "1984" and substituting "1985".
P.L. 99-190, 101(j), deemed references in that effective date to fiscal year 1985 to be references to fiscal year 1986, effective December 19, 1985.
P.L. 99-272, 12306(c)(1), struck out "1985" in that effective date and substituted "1987", effective April 7, 1986.
P.L. 100-203, 9131(a)(1), amended that effective date by striking out "and before October 1, 1987", effective October 1, 1987.
P.L. 96-272, 102(c), provides that P.L. 96-272, 102(a), is effective only with respect to expenditures made after September 30, 1979, and before
October 1, 1983, and that from and after October 1, 1983, 472(a)(3) shall read as it would if P.L. 96-272, 102, had not been enacted.
P.L. 98-118, 3(b), effective October 11, 1983, amended that effective date by striking out "1983" and substituting "1984".
P.L. 98-617, 4(c)(2), effective November 8, 1984, amended that effective date by striking out "1984" and substituting "1985".
P.L. 99-190, 101(j), deemed references in that effective date to fiscal year 1985 to be references to fiscal year 1986, effective December 19, 1985.
P.L. 99-272, 12306(c)(2), struck out "1985" in that effective date and substituted "1987", effective April 7, 1986.
P.L. 98-118, 3(b), effective October 11, 1983, amended that effective date by striking out "1983" and substituting "1984".
P.L. 98-617, 4(c)(2), effective November 8, 1984, amended that effective date by striking out "1984" and substituting "1985".
P.L. 99-190, 101(j), deemed references in that effective date to fiscal year 1985 to be references to fiscal year 1986, effective December 19, 1985.
P.L. 99-272, 12306(c)(2), struck out "1985" in that effective date and substituted "1987", effective April 7, 1986.
P.L. 100-203, 9131(a)(2), amended P.L. 96-272, 102(c), by striking out all that follows "September 30, 1979" and substituting a period, effective
October 1, 1987.
For legislative history comment, see House Conference Report 96-900, pp. 50 and 51, on P.L. 96-272.
233/P.L. 96-272, 102(a)(1)(D), inserted "such agreement was entered into or", effective with respect to expenditures made after September 30, 1980,
and before October 1, 1983.
P.L. 98-118, 3(a), effective October 11, 1983, amended that effective date by striking out "1983" and substituting "1984".
P.L. 98-617, 4(c)(1), effective November 8, 1984, amended that same effective date by striking out "1984" and substituting "1985."
P.L. 99-190, 101(j), deemed references in that effective date to fiscal year 1985 to be references to fiscal year 1986, effective December 19, 1985.
P.L. 99-272, 12306(c)(1), struck out "1985" in that effective date and substituted "1987", effective April 7, 1986.
P.L. 100-203, 9131(a)(1), amended that effective date by striking out "and before October 1, 1987", effective October 1, 1987.
P.L. 96-272, 102(c), provides that P.L. 96-272, 102(a), is effective only with respect to expenditures made after September 30, 1979, and before
October 1, 1983, and that from and after October 1, 1983, 472(a)(4)(B)(ii) shall read as it
would if P.L. 96-272, 102, had not been enacted.
P.L. 98-118, 3(b), effective October 11, 1983, amended that effective date by striking out "1983" and substituting "1984".
P.L. 98-617, 4(c)(2), effective November 8, 1984, amended that effective date by striking out "1984" and substituting "1985".
P.L. 99-190, 101(j), deemed references in that effective date to fiscal year 1985 to be references to fiscal year 1986, effective December 19, 1985.
P.L. 99-272, 12306(c)(2), struck out "1985" in that effective date and substituted "1987", effective April 7, 1986.
P.L. 100-203, 9131(a)(2), amended P.L. 96-272, 102(c), by striking out all that follows "September 30, 1979" and substituting a period, effective
October 1, 1987.
For legislative history comment, see House Conference Report 96-900, pp. 50 and 51, on P.L. 96-272.
234/P.L. 82-414.
235/P.L. 100-203, 9139(a), struck out"(1)" and substituted "(2)", effective December 22, 1987.
236/P.L. 96-272, 102(a)(2), added subsection (d), effective only with respect to expenditures made after September 30, 1979, and before October 1,
1983; and from and after October 1, 1983, 472 shall read as it would if P.L. 96-272, 102, had not been enacted.
P.L. 98-118, 3(a), effective October 11, 1983, amended that effective date by striking out "1983" and substituting "1984".
P.L. 98-617, 4(c)(1), effective November 8, 1984, amended that same effective date by striking out "1984" and substituting "1985".
P.L. 99-190, 101(j), deemed references in that effective date to fiscal year 1985 to be references to fiscal year 1986, effective December 19, 1985.
P.L. 99-272, 12306(c)(1), struck out "1985" in that effective date and substituted "1987", effective April 7, 1986.
P.L. 100-203, 9131(a)(1), amended that effective date by striking out "and before October 1, 1987", effective October 1, 1987.
237/P.L. 96-272, 102(a)(2), added subsection (e), effective only with respect to
expenditures made after September 30, 1979, and before October 1, 1983; and that from and after October 1, 1983, 472(a)(4)(A) shall read as it
would if P.L. 96-272, 102, had not been enacted.
P.L. 98-118, 3(b), effective October 11, 1983, amended that effective date by striking out "1983" and substituting "1984".
P.L. 98-617, 4(c)(2), effective November 8, 1984, amended that effective date by striking out "1984" and substituting "1985".
P.L. 99-190, 101(j), deemed references in that effective date to fiscal year 1985 to be references to fiscal year 1986, effective December 19, 1985.
P.L. 99-272, 12306(c)(2), struck out "1985" in that effective date and substituted "1987", effective April 7, 1986.
P.L. 100-203, 9131(a)(2), amended that effective date by striking out all that follows "September 30, 1979" and substituting a period, effective
October 1, 1987.
238/ P.L. 96-272, 102(a)(2), added subsection (f), effective only with respect to expenditures made after September 30, 1979, and before October 1,
1983; and from and after October 1, 1983, 472 shall read as it would if P.L.
96-272, 102, had not been enacted.
P.L. 98-118, 3(b), effective October 11, 1983, amended that
effective date by striking out "1983" and substituting "1984".
P.L. 98-617, 4(c)(2), effective November 8, 1984, amended that
effective date by striking out "1984" and substituting "1985".
P.L. 99-190, 101(j), deemed references in that effective date to
fiscal year 1985 to be references to fiscal year 1986, effective December 19,
1985.
P.L. 99-272, 12306(c)(2), struck out "1985" in that effective
date and substituted "1987", effective April 7, 1986.
P.L. 100-203, 9131(a)(2), amended that effective date by striking
out all that follows "September 30, 1979" and substituting a period, effective October 1, 1987.
239/ P.L. 96-272, 102(a)(2), added subsection (g), effective only with respect to
expenditures made after September 30, 1979, and before October 1, 1983; and
from and after October 1, 1983, 472 shall read as it would if P.L.
96-272, 102, had not been enacted.
P.L. 98-118, 3(b), effective October 11, 1983, amended that effective date by striking out "1983" and substituting "1984".
P.L. 98-617, 4(c)(2), effective November 8, 1984, amended that effective date by striking out "1984" and substituting "1985".
P.L. 99-190, 101(j), deemed references in that effective date to fiscal year 1985 to be references to fiscal year 1986, effective December 19, 1985.
P.L. 99-272, 12306(c)(2), struck out "1985" in that effective date and substituted "1987", effective April 7, 1986.
P.L. 100-203, 9131(a)(2), amended that effective date by striking out all that follows "September 30, 1979" and substituting a period, effective
October 1, 1987.
240/ P.L. 96-272, 102(a)(2), redesignated subsection (d) as subsection (h), effective only with respect to expenditures made after September 30, 1979,
and before October 1, 1983; and from and after October 1, 1983, 472(d) shall read as it would if P.L. 96-272, 102, had not been enacted.
P.L. 98-118, 3(b), effective October 11, 1983, amended that effective date by striking out "1983" and substituting "1984".
P.L. 98-617, 4(c)(2), effective November 8, 1984, amended that effective date by striking out "1984" and substituting "1985".
P.L. 99-190, 101(j), deemed references in that effective date to fiscal year 1985 to be references to fiscal year 1986, effective December 19, 1985.
P.L. 99-272, 12306(c)(2), struck out "1985" in that effective date and substituted "1987", effective April 7, 1986.
P.L. 100-203, 9131(a)(2), amended that effective date by striking out all that follows "September 30, 1979" and substituting a period, effective
October 1, 1987.
241/P.L. 100-203, 9133(b)(2), added this sentence, effective April 1, 1988.
242/See Vol. II, P.L. 96-272, "Adoption Assistance and Child Welfare Act of 1980", 101(a)(4)(B), with respect to interstate agreements; Vol. II, p. 718.
243/P.L. 96-272, 102(a)(3)(A), inserted ", either pursuant to a voluntary placement agreement with respect to which Federal payments are provided
under section 474 (or 403) or", effective only with respect to expenditures made after September 30, 1979, and before October 1, 1983; and from and
after October 1, 1983, 473(a)(1)(A)(i) shall read as it would if P.L. 96-272, 102, had not been enacted.
244/P.L. 100-203, 9133(b)(3)(A)(i), struck out "or".
245/P.L. 100-203, 9133(b)(3)(A)(ii), added "or".
246/P.L. 100-203, 9133(b)(3)(A)(iii), added clause (iii), effective April 1, 1988.
247/P.L. 96-272, 102(a)(3)(B), inserted "such agreement was entered into or", effective only with respect to expenditures made after September 30,
1979, and before October 1, 1983; and from and after October 1, 1983, 473(a)(1)(B)(i) shall read as it would if P.L. 96-272, 102, had not been
enacted.
248/P.L. 96-272, 102(a)(3)(C), inserted "such agreement was entered into or",
effective only with respect to expenditures made after September 30, 1979, and before October 1, 1983; and from and after October 1, 1983,
473(a)(1)(B)(ii) shall read as it would if P.L. 96-272, 102, had not been enacted.
249/P.L. 100-203, 9133(b)(3)(B), inserted "or (A)(iii)", effective April 1, 1988.
250/P.L. 99-603, 201(b)(2)(B), added this sentence to subsection (a)(1) "(after and below subparagraph (C))", effective November 6, 1986.
P.L. 100-203, 9139(b), amended P.L. 99-603, 201(b)(2)(B), by striking out "Section 473(a)(1) of such Act"and substituting "Section 473(a)(2) of
such Act (as amended by section 1711(a) of the Tax Reform Act of 1986)", effective December 22, 1987.
251/P.L. 100-203, 9133(b)(4), added this sentence, effective April 1, 1988.
252/ See Footnote#225
253/P.L. 100-203, 9132(a)(1), struck out "1987" and substituted "1989", effective October 1, 1987.
254/ See Footnote#253
255/See Footnote#253
256/ See Footnote#253
257/P.L. 96-272, 101(a)(2)(A), repealed 408. For the effective date, see P.L. 96-272, "Adoption Assistance and Child Welfare Act of 1980", 101(a)(2);
Vol. II, p. 718.
258/P.L. 100-203, 9132(a)(2), struck out "1987" and substituted "1989", effective October 1, 1987.
259/ See Footnote#257
260/ See Footnote#253
261/P.L. 100-203, 9132(a)(3), struck out "1987" and substituted "1989", effective October 1, 1987.
262/ See Footnote#261
263/P.L. 96-272, 102(a)(4), inserted "voluntary placement agreement entered into or", effective only with respect to expenditures made after
September 30, 1979, and before October 1, 1983; and from and after October 1, 1983, 475(1) shall read as if P.L. 96-272, 102, had not been
enacted.
P.L. 98-118, 3(b), amended that effective date by striking out "1983" and substituting "1984", effective October 11, 1983.
P.L. 98-617, 4(c)(2), amended that same effective date by striking out "1984" and substituting "1985", effective November 8, 1984.
P.L. 99-190, 101(j), deemed references in that effective date to fiscal year 1985 to be references to fiscal year 1986, effective December 19, 1985.
P.L. 99-272, 12306(c)(2), struck out "1985" in that effective date and substituted "1987", effective April 7, 1986.
P.L. 100-203, 9131(a)(2), amended that effective date by striking out all that follows "September 30, 1979" and substituting a period, effective
October 1, 1987.
264/P.L. 100-203, 9133(a)(1), inserted "(A)".
265/P.L. 100-203, 9133(a)(2), added subparagraph (B), effective April 1, 1988.
266/P.L. 100-647, 8104(e), inserted "and, in the case of a child who has attained age 16, the services needed to assist the child to make the
transition from foster care to independent living", effective October 1, 1988.
267/P.L. 99-272, 12307(a), added 477, effective April 7, 1986.
268/P.L. 100-647, 8104(c)(1), inserted "(1)".
269/P.L. 100-647, 8104(c)(2), struck out ", with respect to whom foster care maintenance payments are being made by the State under this part and
who have attained age 16," and substituted "described in paragraph (2) who have attained age 16", effective November 10, 1988.
270/P.L. 100-647, 8104(a)(1), struck out "and 1988" and substituted ", 1988, and 1989", effective October 1, 1988.
271/P.L. 100-647, 8104(d)(1) struck out "and".
272/P.L. 100-647, 8104(c)(3), added paragraph (2), effective November 10, 1988.
P.L. 100-647, 8104(d)(2), struck out the period and substituted ", and".
273/P.L. 100-647, 8104(d)(3), added subparagraph (C), effective November 10, 1988.
274/P.L. 100-647, 8104(a)(2), struck out "fiscal year 1988, such description and
assurances must be submitted prior to January 1, 1988" and substituted "the fiscal year 1988 or 1989, such description and assurances must be
submitted prior to February 1 of such fiscal year", effective October 1, 1988.
275/ See Footnote#270
276/P.L. 100-647, 8104(f), added this sentence, effective November 10, 1988."1987", effective April 7, 1986.
277/P.L. 100-647, 8104(b), added this sentence, effective October 1, 1988.
278/P.L. 100-647, 8104(a)(3), struck out "March 1, 1988" and substituted "the first January 1 following the end of each fiscal year", effective October
1, 1988.
279/P.L. 100-647, 8104(a)(4), inserted "during such fiscal year", effective October 1, 1988.
280/P.L. 100-647, 8104(a)(5), struck out "(2) Not later than July 1, 1988," and
substituted the following:
"(2)(A) Not later than July 1, 1988, the Secretary shall submit an interim
report on the activities carried out under this section.
"(B) Not later than March 1, 1989,", effective October 1, 1988.
281/P.L. 100-647, 8104(a)(6), struck out "year 1987" and substituted "years
1987 and 1988", effective October 1, 1988.
282/April 7, 1986. [P.L. 99-272, 12307(a); 100 Stat. 294]
283/See Vol. II, P.L. 99-514, "Tax Reform Act of 1986", 1883(b)(11), with respect to the effect of the failure of a State to comply with certain
provisions or the imposition by a State of a requirement inconsistent with certain provisions or the imposition by a State of a requirement
inconsistent with certain provisions; Vol. II, p. 830.
284/See Vol. II, P.L. 99-509, "Omnibus Budget Reconciliation Act of 1986", 9442, with respect to the maternal and child health and adoption
clearinghouse; Vol. II, p. 816.
285/This subsection was enacted October 21, 1986. [P.L. 99-509, 9443; 100 Stat. 2073]
Part F-Job Opportunities and Basic Skills Training Program 250
PURPOSE AND DEFINITIONS
Sec. 481. [42 U.S.C. 681] (a) Purpose.-It is the purpose of this part to
assure that needy families with children obtain the education, training,
and employment that will help them avoid long-term welfare dependence.
(b) Meaning of Terms.-Except to the extent otherwise specifically
indicated, terms used in this part shall have the meanings given them in or
under part A.
ESTABLISHMENT AND OPERATION OF STATE PROGRAMS
Sec. 482. [42 U.S.C. 682] (a) State Plans for Job Opportunities and Basic
Skills Training Programs.-(1)(A) As a condition of its participation in the
program of aid to families with dependent children under part A, each State
shall establish and operate a job opportunities and basic skills training
program (in this part referred to as the "program") under a plan approved
by the Secretary as meeting all of the requirements of this part and
section 402(a)(19), and shall, in accordance with regulations prescribed by
the Secretary, periodically (but not less frequently than every 2 years)
review and update its plan and submit the updated plan for approval by the
Secretary.
(B) A State plan for establishing and operating the program must describe
how the State intends to implement the program during the period covered by
the plan, and must indicate, through cross-references to the appropriate
provisions of this part and part A, that the program will be operated in
accordance with such provision of law. In addition, such plan must contain
(i) an estimate of the number of persons to be served by the program, (ii)
a description of the services to be provided within the State and the
political subdivisions thereof, the needs to be addressed through the
provision of such services, the extent to which such services are expected
to be made available by other agencies on a nonreimbursable basis, and the
extent to which such services are to be provided or funded by the program,
and (iii) such additional information as the Secretary may require by
regulation to enable the Secretary to determine that the State program will
meet all of the requirements of this part and part A.
(C) The Secretary shall consult with the Secretary of Labor on general
plan requirements and on criteria to be used in approving State plans under
this section.
(D)(i) Not later than October 1, 1992, each State shall make the program
available in each political subdivision of such State where it is feasible
to do so, after taking into account the number of prospective participants,
the local economy, and other relevant factors.
(ii) If a State determines that it is not feasible to make the program
available in each such subdivision, the State plan must provide appropriate
justification to the Secretary.
(2) The State agency that administers or supervises the administration of
the State's plan approved under section 402 shall be responsible for the
administration or supervision of the administration of the State's program.
(3) Federal funds made available to a State for purposes of the program
shall not be used to supplant non-Federal funds for existing services and
activities which promote the purpose of this part. State or local funds
expended for such purpose shall be maintained at least at the level of such
expenditures for the fiscal year 1986.
(b) Assessment and Review of Needs and Skills of Participants;
Employability Plan.-(1)(A) The State agency must make an initial assessment
of the educational, child care, and other supportive services needs as well
as the skills, prior work experience, and employability of each participant
in the program under this part, including a review of the family
circumstances. The agency may also review the needs of any child of the
participant.
(B) On the basis of such assessment, the State agency, in consultation
with the participant, shall develop an employability plan for the
participant. The employability plan shall explain the services that will be
provided by the State agency and the activities in which the participant
will take part under the program, including child care and other supportive
services, shall set forth an employment goal for the participant, and
shall, to the maximum extent possible and consistent with this section,
reflect the respective preferences of such participant. The plan must take
into account the participant's supportive services needs, available program
resources, and local employment opportunities. The employability plan shall
not be considered a contract.
(2) Following the initial assessment and review and the development of the
employability plan with respect to any participant in the program, the
State agency may require the participant (or the adult caretaker in the
family of which the participant is a member) to negotiate and enter into an
agreement with the State agency that specifies such matters as the
participant's obligations under the program, the duration of participation
in the program, and the activities to be conducted and the services to be
provided in the course of such participation. If the State agency exercises
the option under the preceding sentence, the State agency must give the
participant such assistance as he or she may require in reviewing and
understanding the agreement.
(3) The State agency may assign a case manager to each participant and the
participant's family. The case manager so assigned must be responsible for
assisting the family to obtain any services which may be needed to assure
effective participation in the program.
(c) Provision of Program and Employment Information.-(1) The State agency
must ensure that all applicants for and recipients of aid to families with
dependent children are encouraged, assisted, and required to fulfill their
responsibilities to support their children by preparing for, accepting, and
retaining such employment as they are capable of performing.
(2) The State agency must inform all applicants for and recipients of aid
to families with dependent children of the education, employment, and
training opportunities, and the support services (including child care and
health coverage transition options), for which they are eligible, the
obligations of the State agency, and the rights, responsibilities, and
obligations of participants in the program.
(3) The State agency must-
(A) provide (directly or through arrangements with others) information
on the types and locations of child care services reasonably accessible to
participants in the program,
(B) inform participants that assistance is available to help them select
appropriate child care services, and
(C) on request, provide assistance to participants in obtaining child
care services.
(4) The State agency must inform applicants for and recipients of aid to
families with dependent children of the grounds for exemption from
participation in the program and the consequences of refusal to participate
if not exempt, and provide other appropriate information with respect to
such participation.
(5) Within one month after the State agency gives a recipient of aid to
families with dependent children the information described in the preceding
provisions of this paragraph, the State agency must notify such recipient
of the opportunity to indicate his or her desire to participate in the
program,including a clear description of how to enter the program.
(d) Services and Activities Under the Program.-(1)(A) In carrying out the
program, each State shall make available a broad range of services and
activities to aid in carrying out the purpose of this part. Such services
and activities-
(i) shall include-
(I) educational activities (as appropriate), including high school
or equivalent education (combined with training as needed), basic and
remedial education to achieve a basic literacy level, and education for
individuals with limited English proficiency;
(II) job skills training;
(III) job readiness activities to help prepare participants for
work; and
(IV) job development and job placement; and
(ii) must also include at least 2 of the following:
(I) group and individual job search as described in subsection (g);
(II) on-the-job training;
(III) work supplementation programs as described in subsection (e);
and
(IV) community work experience programs as described in subsection
(f) or any other work experience program approved by the Secretary.
(B) The State may also offer to participants under the program
(i)postsecondary education in appropriate cases, and (ii) such other
education,training, and employment activities as may be determined by the
State and allowed by regulations of the Secretary.
(2) If the State requires an individual who has attained the age of 20
years and has not earned a high school diploma (or equivalent) to
participate in the program, the State agency shall include educational
activities consistent with his or her employment goals as a component of
the individual's participation in the program, unless the individual
demonstrates a basic literacy level, or the employability plan for the
individual identifies a long-term employment goal that does not require a
high school diploma (or equivalent). Any other services or activities to
which such a participant is assigned may not be permitted to interfere with
his or her participation in an appropriate educational activity under this
subparagraph.
(3) Notwithstanding any other provision of this section, the Secretary
shall permit up to 5 States to provide services under the program, on a
voluntary or mandatory basis, to non-custodial parents who are unemployed
and unable to meet their child support obligations. Any State providing
services to non-custodial parents pursuant to this paragraph shall evaluate
the provision of such services, giving particular attention to the extent
to which the provision of such services to those parents is contributing to
the achievement of the purpose of this part, and shall report the results
of such evaluation to the Secretary.
(e) Work Supplementation Program.-(1) Any State may institute a work
supplementation program under which such State, to the extent it considers
appropriate, may reserve the sums that would otherwise be payable to
participants in the program as aid to families with dependent children and
use such sums instead for the purpose of providing and subsidizing jobs for
such participants (as described in paragraph (3)(C)(i) and (ii)), as an
alternative to the aid to families with dependent children that would
otherwise be so payable to them.
(2)(A) Notwithstanding section 406 or any other provision of law, Federal
funds may be paid to a State under part A, subject to this subsection, with
respect to expenditures incurred in operating a work supplementation
program under this subsection.
(B) Nothing in this part, or in any State plan approved under part A,
shall be construed to prevent a State from operating (on such terms and
conditions and in such cases as the State may find to be necessary or
appropriate) a work supplementation program in accordance with this
subsection and section 484.
(C) Notwithstanding section 402(a)(23) or any other provision of law, a
State may adjust the levels of the standards of need under the State plan
as the State determines to be necessary and appropriate for carrying out a
work
supplementation program under this subsection.
(D) Notwithstanding section 402(a)(1) or any other provision of law, a
State
operating a work supplementation program under this subsection may provide
that the need standards in effect in those areas of the State in which such
program is in operation may be different from the need standards in effect
in the areas in which such program is not in operation, and such State may
provide that the need standards for categories of recipients may vary among
such categories to the extent the State determines to be appropriate on the
basis of ability to participate in the work supplementation program. (E)
Notwithstanding any other provision of law, a State may make such further
adjustments in the amounts of the aid to families with dependent children
paid under the plan to different categories of recipients (as determined
under subparagraph (D)) in order to offset increases in benefits from
needs-related programs (other than the State plan approved under part A)as
the State determines to be necessary and appropriate to further the
purposes of the work supplementation program. (F) In determining the
amounts to be reserved and used for providing and subsidizing jobs under
this subsection as described in paragraph (1), the State may use a sampling
methodology. (G) Notwithstanding section 402(a)(8) or any other provision
of law, a State operating a work supplementation program under this
subsection (i) may reduce or eliminate the amount of earned income to be
disregarded under the State plan as the State determines to be necessary
and appropriate to further the purposes of the work supplementation
program, and (ii) during one or more of the first 9 months of an
individual's employment pursuant to a program under this section, may apply
to the wages of the individual the provisions of subparagraph (A)(iv) of
section 402(a)(8) without regard to the provisions of subparagraph
(B)(ii)(II) of such section. (3)(A) A work supplementation program operated
by a State under this subsection may provide that any individual who is an
eligible individual (as determined under subparagraph (B)) shall take a
supplemented job (as defined in subparagraph (C)) to the extent that
supplemented jobs are available under the program. Payments by the State to
individuals or to employers under the work supplementation program shall be
treated as expenditures incurred by the State for aid to families with
dependent children except as limited by paragraph (4). (B) For purposes of
this subsection, an eligible individual is an individual who is in a
category which the State determines should be eligible to participate in
the work supplementation program, and who would, at the time of placement
in the job involved, be eligible for aid to families with dependent
children under an approved State plan if such State did not have a work
supplementation program in effect.
(C) For purposes of this section, a supplemented job is-
(i) a job provided to an eligible individual by the State or local
agency administering the State plan under part A; or
(ii) a job provided to an eligible individual by any other employer for
which all or part of the wages are paid by such State or local agency. A
State may provide or subsidize under the program any job which such State
determines to be appropriate.
(D) At the option of the State, individuals who hold supplemented jobs
under a State's work supplementation program shall be exempt from the
retrospective budgeting requirements imposed pursuant to section
402(a)(13)(A)(ii) (and the amount of the aid which is payable to the family
of any such individual for any month, or which would be so payable but for
the individual's participation in the work supplementation program, shall
be determined on the basis of the income and other relevant circumstances
in that month).
(4) The amount of the Federal payment to a State under section 403 for
expenditures incurred in making payments to individuals and employers under
a work supplementation program under this subsection shall not exceed an
amount equal to the amount which would otherwise be payable under such
section if the family of each individual employed in the program
established in such State under this subsection had received the maximum
amount of aid to families with dependent children payable under the State
plan to such a family with no income (without regard to adjustments under
paragraph (2)) for the lesser of (A) 9 months, or (B) the number of months
in which such individual was employed in such program.
(5)(A) Nothing in this subsection shall be construed as requiring the
State or local agency administering the State plan to provide employee
status to an eligible individual to whom it provides a job under the work
supplementation program (or with respect to whom it provides all or part of
the wages paid to the individual by another entity under such program), or
as requiring any State or local agency to provide that an eligible
individual filling a job position provided by another entity under such
program be provided employee status by such entity during the first 13
weeks such individual fills that position.
(B) Wages paid under a work supplementation program shall be considered to
be earned income for purposes of any provision of law.
(6) Any State that chooses to operate a work supplementation program under
this subsection shall provide that any individual who participates in such
program, and any child or relative of such individual (or other individual
living in the same household as such individual) who would be eligible for
aid to families with dependent children under the State plan approved under
part A if such State did not have a work supplementation program, shall be
considered individuals receiving aid to families with dependent children
under the State plan approved under part A for purposes of eligibility for
medical assistance under the State plan approved under title XIX.
(7) No individual receiving aid to families with dependent children under
a State plan shall be excused by reason of the fact that such State has a
work supplementation program from any requirement of this part relating to
work requirements, except during periods in which such individual is
employed under such work supplementation program.
(f) Community Work Experience Program.-(1)(A) Any State may establish a
community work experience program in accordance with this subsection. The
purpose of the community work experience program is to provide experience
and training for individuals not otherwise able to obtain employment, in
order to assist them to move into regular employment. Community work
experience programs shall be designed to improve the employability of
participants through actual work experience and training and to enable
individuals employed under community work experience programs to move
promptly into regular public or private employment. The facilities of the
State public employment offices may be utilized to find employment
opportunities for recipients under this program. Community work experience
programs shall be limited to projects which serve a useful public purpose
in fields such as health, social service, environmental protection,
education, urban and rural development and redevelopment, welfare,
recreation, public facilities, public safety, and day care. To the extent
possible, the prior training, experience, and skills of a recipient shall
be used in making appropriate work experience assignments.
(B)(i) A State that elects to establish a community work experience
program under this subsection shall operate such program so that each
participant (as determined by the State) either works or undergoes training
(or both) with the maximum number of hours that any such individual may be
required to work in any month being a number equal to the amount of the aid
to families with dependent children payable with respect to the family of
which such individual is a member under the State plan approved under this
part, divided by the greater of the Federal minimum wage or the applicable
State minimum wage (and the portion of a recipient's aid for which the
State is reimbursed by a child support collection shall not be taken into
account in determining the number of hours that such individual may be
required to work).
(ii) After an individual has been assigned to a position in a community
work experience program under this subsection for 9 months, such individual
may not be required to continue in that assignment unless the maximum
number of hours of participation is no greater than (I) the amount of the
aid to families with dependent children payable with respect to the family
of which such individual is a member under the State plan approved under
this part (excluding any portion of such aid for which the State is
reimbursed by a child support payment), divided by (II) the higher of (a)
the Federal minimum wage or the applicable State minimum wage, whichever is
greater, or (b) the rate of pay for individuals employed in the same or
similar occupations by the same employer at the same site.
(C) Nothing contained in this subsection shall be construed as authorizing
the payment of aid to families with dependent children as compensation for
work performed, nor shall a participant be entitled to a salary or to any
other work or training expense provided under any other provision of law by
reason of his participation in a program under this subsection.
(D) Nothing in this part or in any State plan approved under this part
shall be construed to prevent a State from operating (on such terms and
conditions and in such cases as the State may find to be necessary or
appropriate) a community work experience program in accordance with this
subsection and subsection (d).
(E) Participants in community work experience programs under this
subsection may perform work in the public interest (which otherwise meets
the requirements of this subsection) for a Federal office or agency with
its consent, and, notwithstanding section 1342 of title 31, United States
Code, or any other provision of law, such agency may accept such services,
but such participants shall not be considered to be Federal employees for
any purpose.
(2) After each 6 months of an individual's participation in a community
work experience program under this subsection, and at the conclusion of
each assignment of the individual under such program, the State agency must
provide a reassessment and revision, as appropriate, of the individual's
employability plan.
(3) The State agency shall provide coordination among a community work
experience program operated pursuant to this subsection, any program of job
search under subsection (g), and the other employment-related activities
under the program established by this section so as to insure that job
placement will have priority over participation in the community work
experience program, and that individuals eligible to participate in more
than one such program are not denied aid to families with dependent
children on the grounds of failure to participate in one such program if
they are actively and satisfactorily participating in another. The State
agency may provide that part-time participation in more than one such
program may be required where appropriate.
(4) In the case of any State that makes expenditures in the form described
in paragraph (1) under its State plan approved under section 482(a)(1),
expenditures for the operation and administration of the program under this
section may not include, for purposes of section 403, the cost of making or
acquiring materials or equipment in connection with the work performed
under a program referred to in paragraph (1) or the cost of supervision of
work under such program, and may include only such other costs attributable
to such programs as are permitted by the Secretary.
(g) Job Search Program.-(1) The State agency may establish and carry out a
program of job search for individuals participating in the program under
this part.
(2) Notwithstanding section 402(a)(19)(B)(i), the State agency may require
job search by an individual applying for or receiving aid to families with
dependent children (other than an individual described in section
402(a)(19)(C) who is not an individual with respect to whom section
402(a)(19)(D) applies)-
(A) subject to the next to last sentence of this paragraph, beginning at
the time such individual applies for aid to families with dependent
children and continuing for a period (prescribed by the State) of not
more than 8 weeks (but this requirement may not be used as a reason for
any delay in making a determination of an individual's eligibility for
such aid or in issuing a payment to or on behalf of any individual who is
otherwise eligible for such aid); and
(B) at such time or times after the close of the period prescribed under
subparagraph (A) as the State agency may determine but not to exceed a
total of 8 weeks in any period of 12 consecutive months. In no event may
an individual be required to participate in job search for more than 3
weeks before the State agency conducts the assessment and review with
respect to such individual under subsection (b)(1)(A). Job search
activities in addition to those required under the preceding provisions
of this paragraph may be required only in combination with some other
education, training, or employment activity which is designed to improve
the individual's prospects for employment.
(3) Job search by an individual under this subsection shall in no event be
treated, for any purpose, as an activity under the program if the
individual has participated in such job search for 4 months out of the
preceding 12 months.
(h) Dispute Resolution Procedures.-Each State shall establish a
conciliation procedure for the resolution of disputes involving an
individual's participation in the program and (if the dispute involved is
not resolved through conciliation) shall provide an opportunity for a
hearing with respect to the dispute, which hearing may be provided through
a hearing process established for purposes of resolving disputes with
respect to the program or through the provision of a hearing pursuant to
section 402(a)(4); but in no event shall aid to families with dependent
children be suspended, reduced, discontinued, or terminated as a result of
a dispute involving an individual's participation in the program until such
individual has an opportunity for a hearing that meets the standards set
forth by the United States Supreme Court in Goldberg v. Kelly, 397 U.S. 254
(1970).
(i) Special Provisions Relating to Indian Tribes.-(1) Within 6 months
after the date of the enactment of the Family Support Act of 1988 251, an
Indian tribe or Alaska Native organization may apply to the Secretary to
conduct a job opportunities and basic skills training program to carry out
the purpose of this subsection. If the Secretary approves such tribe's or
organization's application, the maximum amount that may be paid to the
State under section 403(l) in which such tribe or organization is located
shall be reduced by the Secretary in accordance with paragraph (2) and an
amount equal to the amount of such reduction shall be paid directly to such
tribe or organization (without the requirement of any nonfederal share) for
the operation of such program. In determining whether to approve an
application from an Alaska Native organization, the Secretary shall
consider whether approval of the application would promote the efficient
and nonduplicative administration of job opportunities and basic skills
training programs in the State.
(2) The amount of the reduction under paragraph (1) with respect to any
State in which is located an Indian tribe or Alaska Native organization
with an application approved under such paragraph shall be an amount equal
to the amount that bears the same ratio to the maximum amount that could be
paid under section 403(l) to the State as-
(A) the number of adult members of such Indian tribe receiving aid to
families with dependent children bears to the number of all such adult
recipients in the State, or
(B) the number of adult Alaska Natives receiving aid to families with
dependent children who reside within the boundaries of such Alaska Native
organization bears to the number of all such adult recipients in the
State of Alaska.
(3) The job opportunities and basic skills training program set forth in
the application of an Indian tribe or Alaska Native organization under
paragraph (1) need not meet any requirement of the program under this part
or under section 402(a)(19) that the Secretary determines is inappropriate
with respect to such job opportunities and basic skills training program.
(4) The job opportunities and basic skills training program of any Indian
tribe or Alaska Native organization may be terminated voluntarily by such
tribe or Alaska Native organization or may be terminated by the Secretary
upon a finding that the tribe or Alaska Native organization is not
conducting such program in substantial conformity with the terms of the
application approved by the Secretary, and the maximum amount that may be
paid under section 403(l) to the State within which the tribe or Alaska
Native organization is located (as reduced pursuant to paragraph (1)) shall
be increased by any portion of the amount retained by the Secretary with
respect to such program (and not payable to such tribe or Alaska Native
organization for obligations already incurred). The reduction under
paragraph (1) shall in no event apply to a State for any fiscal year
beginning after such program is terminated if no other such program remains
in operation in the State.
(5) For purposes of this subsection, an Indian tribe is any tribe, band,
nation, or other organized group or community of Indians that-
(A) is recognized as eligible for the special programs and services
provided by the United States to Indians because of their status as
Indians; and
(B) for which a reservation (as defined in paragraph (6)) exists.
(6) For purposes of this subsection, a reservation includes Indian
reservations, public domain Indian allotments, and former Indian
reservations in Oklahoma.
(7) For purposes of this subsection-
(A) an Alaska Native organization is any organized group of Alaska
Natives eligible to operate a Federal program under Public Law 93-638 or
such group's designee;
(B) the boundaries of an Alaska Native organization shall be those of
the geographical region, established pursuant to section 7(a) of the
Alaska Native Claims Settlement Act, within which the Alaska Native
organization is located (without regard to the ownership of the land
within the boundaries);
(C) the Secretary may approve only one application from an Alaska Native
organization for each of the 12 geographical regions established pursuant
to section 7(a) of the Alaska Native Claims Settlement Act; and
(D) any Alaska Native, otherwise eligible or required to participate in
a job opportunities and basic skills training program, residing within
the boundaries of an Alaska Native organization whose application has
been approved by the Secretary, shall be eligible to participate in the
job opportunities and basic skills training program administered by such
Alaska Native organization.
(8) Nothing in this subsection shall be construed to grant or defer any
status or powers other than those expressly granted in this subsection or
to validate or invalidate any claim by Alaska Natives of sovereign
authority over lands or people.252
COORDINATION REQUIREMENTS
Sec. 483. [42 U.S.C. 683] (a) (1) The Governor of each State shall assure
that program activities under this part are coordinated in that State with
programs operated under the Job Training Partnership Act 253 and with any
other relevant employment, training, and education programs available in
that State. Appropriate components of the State's plan developed under
section 482(a)(1) which relate to job training and work preparation shall
be consistent with the coordination criteria specified in the Governor's
coordination and special services plan required under section 121 of the
Job Training Partnership Act.
(2) The State plan so developed shall be submitted to the State job
training coordinating council not less than 60 days before its submission
to the Secretary, for the purpose of review and comment by the council.
Concurrent with submission of the plan to the State job training
coordinating council, the proposed State plan shall be published and made
reasonably available to the general public through local news facilities
and public announcements, in order to provide the opportunity for review
and comment.
(3) The comments and recommendations of the State job training
coordinating council under paragraph (2) shall be transmitted to the
Governor of the State.
(b) The Secretary of Health and Human Services shall consult with the
Secretaries of Education and Labor on a continuing basis for the purpose of
assuring the maximum coordination of education and training services in the
development and implementation of the program under this part.
(c) The State agency responsible for administering or supervising the
administration of the State plan approved under part A shall consult with
the State education agency and the agency responsible for administering job
training programs in the State in order to promote coordination of the
planning and delivery of services under the program with programs operated
under the Job Training Partnership Act and with education programs
available in the State (including any program under the Adult Education Act
254 or Carl D. Perkins Vocational Education Act 255).
PROVISIONS GENERALLY APPLICABLE TO PROVISION OF SERVICES
Sec. 484. [42 U.S.C. 684] (a) In assigning participants in the program
under this part to any program activity, the State agency shall assure
that-
(1) each assignment takes into account the physical capacity, skills,
experience, health and safety, family responsibilities, and place of
residence of the participant;
(2) no participant will be required, without his or her consent, to
travel an unreasonable distance from his or her home or remain away from
such home overnight;
(3) individuals are not discriminated against on the basis of race, sex,
national origin, religion, age, or handicapping condition, and all
participants will have such rights as are available under any applicable
Federal, State, or local law prohibiting discrimination;
(4) the conditions of participation are reasonable, taking into account
in each case the proficiency of the participant and the child care and
other supportive services needs of the participant; and
(5) each assignment is based on available resources, the participant's
circumstances, and local employment opportunities.
(b) Appropriate workers' compensation and tort claims protection must be
provided to participants on the same basis as they are provided to other
individuals in the State in similar employment (as determined under
regulations of the Secretary).
(c) No work assignment under the program shall result in-
(1) the displacement of any currently employed worker or position
(including partial displacement such as a reduction in the hours of
nonovertime work, wages, or employment benefits), or result in the
impairment of existing contracts for services or collective bargaining
agreements;
(2) the employment or assignment of a participant or the filling of a
position when (A) any other individual is on layoff from the same or any
equivalent position, or (B) the employer has terminated the employment of
any regular employee or otherwise reduced its workforce with the effect of
filling the vacancy so created with a participant subsidized under the
program; or
(3) any infringement of the promotional opportunities of any currently
employed individual.
Funds available to carry out the program under this part may not be used
to assist, promote, or deter union organizing. No participant may be
assigned under section 482(e) or (f) to fill any established unfilled
position vacancy.
(d)(1) The State shall establish and maintain (pursuant to regulations
jointly issued by the Secretary and the Secretary of Labor) a grievance
procedure for resolving complaints by regular employees or their
representatives that the work assignment of an individual under the program
violates any of the prohibitions described in subsection (c). A decision of
the State under such procedure may be appealed to the Secretary of Labor
for investigation and such action as such Secretary may find necessary.
(2) The State shall hear complaints with respect to working conditions and
workers' compensation, and wage rates in the case of individuals
participating in community work experience programs described in section
482(f), under the State's fair hearing process. A decision of the State
under such process may be appealed to the Secretary of Labor under such
conditions as the joint regulations issued under subsection (f) may
provide.
(e) The provisions of this section apply to any work-related programs and
activities under this part, and under any other work-related programs and
activities authorized (in connection with the AFDC program) under section
1115.
(f) The Secretary of Health and Human Services and the Secretary of Labor
shall jointly prescribe and issue regulations for the purpose of
implementing and carrying out the provisions of this section, in accordance
with the timetable established in section 203(a) of the Family Support Act
of 1988.256
CONTRACT AUTHORITY
Sec. 485. [42 U.S.C. 685] (a) The State agency that administers or
supervises the administration of the State's plan approved under section
402 shall carry out the programs under this part directly or through
arrangements or under contracts with administrative entities under section
4(2) of the Job Training Partnership Act 257, with State and local
educational agencies, and with other public agencies or private
organizations (including community-based organizations as defined in
section 4(5) of such Act).
(b) Arrangements and contracts entered into under subsection (a) may cover
any service or activity (including outreach) to be made available under the
program to the extent that the service or activity is not otherwise
available on a nonreimbursable basis.
(c) The State agency and private industry councils (as established under
section 102 of the Job Training Partnership Act) shall consult on the
development of arrangements and contracts under the program established
under a plan approved under section 482(a)(1), and under programs
established under such Act.
(d) In selecting service providers, the State agency shall take into
account appropriate factors which may include past performance in providing
similar services, demonstrated effectiveness, fiscal accountability,
ability to meet performance standards, and such other factors as the State
may determine to be appropriate.
(e) The State agency shall use the services of each private industry
council to identify and provide advice on the types of jobs available or
likely to become available in the service delivery area (as defined in the
Job Training Partnership Act) of the council, and shall ensure that the
State program provides training in any area for jobs of a type which are,
or are likely to become, available in the area.
INITIAL STATE EVALUATIONS
Sec. 486. [42 U.S.C. 686] (a) With the objective of-
(1) providing an in-depth assessment of potential participants in the
program under this part in each State, so as to furnish an accurate
picture on which to base estimates of future demands for services in
conducting such program and to improve the efficiency of targeting under
such program,
(2) assuring that training for recipients of aid under such program will
be realistically geared to labor market demands and that the program will
produce individuals with marketable skills, while avoiding duplication and
redundancy in the delivery of services, and
(3) otherwise assuring that States will have the information needed to
carry out the purposes of the program, each State may undertake and carry
out an evaluation of demographic characteristics of potential participants
in the program under this part within the 12-month period beginning on the
date of the enactment of the Family Support Act of 1988 258. Such evaluation
shall be carried out in each State by the agency which administers the
State's program approved under section 402.
(b) In carrying out the evaluation under subsection (a) the State shall
give particular attention to the current and anticipated demands of the
labor market or markets within the State, the types of training which are
needed to meet those demands, and any changes in the current service
delivery systems which may be needed to satisfy the requirements of the
program under this part.
(c) The evaluation shall be structured so as to produce accurate and
usable information on the age, family status, educational and literacy
levels, duration of eligibility for aid to families with dependent
children, and work experience of the individuals and families who are
potential participants in the program under this part, including the actual
numbers of such individuals and families in each such category.
(d) The Secretary of Health and Human Services, in consultation with the
Secretary of Labor, shall provide each State with such technical assistance
and data as it may need in order to carry out its evaluation under
subsection (a); and each State shall transmit its evaluation to the
Secretary by the close of the 12-month period specified in such subsection.
The Secretary of Health and Human Services shall take such evaluations into
account in developing performance standards.
(e) As used in this section, the term "potential participants" with
respect to any State's program under this part means collectively all
individuals in such State who are recipients of aid to families with
dependent children under part A and who are members of the target
populations identified in section 403(l)(2).
PERFORMANCE STANDARDS 259
Sec. 487. [42 U.S.C. 687] (a) Not later than 3 years after the effective
date specified in section 204(a) of the Family Support Act of 1988, the
Secretary shall-
(1) in consultation with the Secretary of Labor, representatives of
organizations representing Governors, State and local program
administrators, educators, State job training coordinating councils,
community-based organizations, recipients, and other interested persons,
develop performance standards with respect to the programs established
pursuant to this part that are based, in part, on the results of the
studies conducted under section 203(c) of such Act, and the initial State
evaluations (if any) performed under section 486 of this Act; and
(2) submit his recommendations for performance standards developed under
paragraph (1) to the appropriate committees of jurisdiction of the
Congress, which recommendations shall be made with respect to specific
measurements of outcomes and be based on the degree of success which may
reasonably be expected of States in helping individuals to increase
earnings, achieve self-sufficiency, and reduce welfare dependency, and
shall not be measured solely by levels of activity or participation.
Performance standards developed under this subsection shall be reviewed
periodically by the Secretary and modified to the extent necessary.
(b) The Secretary may collect information from the States to assist in the
development of performance standards under subsection (a), and shall
include in his regulations (issued pursuant to section 203(a) of the Family
Support Act of 1988 with respect to the program under this part) provisions
establishing uniform reporting requirements under which States must furnish
periodically information and data, including information and data (for each
program activity) on the average monthly number of families assisted, the
types of such families, the amounts spent per family, the length of their
participation, and such other matters as the Secretary may determine.
(c) The Secretary shall develop and transmit to the Congress, for
appropriate legislative action, a proposal for measuring State progress,
providing technical assistance to enable States to meet performance
standards, and modifying the Federal matching rate to reflect the relative
effectiveness of the various States in carrying out the program.
Footnotes
250/P.L. 100-485, 201(b), added part F (481-486). For the effective date for 481-485, see Vol. II, P.L. 100-485,
204(a) and (b)(1).
See Vol. II, P.L. 100-485, 203(a), with respect to regulations, performance standards, and studies relating to job
opportunities and basic skills training; 203(c), with respect to implementation and effectiveness studies relating to job
opportunities and basic skills training; and 203(d), with respect to a study on application of jobs programs to Indians.
251/ P.L. 100-485, enacted October 13, 1988.
252/ See Vol. II, P.L. 101-508, 5064, with respect to a study of jobs programs operated by Indian tribes and Alaska Native
organizations.
253/See Vol. II, P.L. 97-300.
254/See Vol. II, P.L. 89-750, Title III.
255/See Vol. II, P.L. 88-210.
256/P.L. 100-485.
257/P.L. 97-300.
258/P.L. 100-485, enacted October 13, 1988.
259/P.L. 100-485, 203(b), added 487. For the effective date, see Vol. II, P.L. 100-485, 204(a) and (b)(1).
260/P.L. 100-485, 204(a), specified "October 1, 1990".
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