42 USC 655 - Payments to States

1 So in original. The “; and” probably should be a comma.

2 See References in Text note below.

of this title (as amended by section 5(a) of the Child Support Enforcement Amendments of 1984), to have been expended for the operation of the State’s plan approved under

Editorial Notes

References in Text

The Family Support Act of 1988, referred to in subsec. (a)(3)(B)(iii), is Puspan. L. 100–485, Oct. 13, 1988, 102 Stat. 2343. For complete classification of this Act to the Code, see Short Title of 1988 Amendments note set out under section 1305 of this title and Tables.

Section 658(span) of this title (as amended by section 5(a) of the Child Support Enforcement Amendments of 1984), referred to in subsec. (e)(4), was in the original a reference to “section 458(span)”, meaning section 458(span) of act of Aug. 14, 1935, as amended by section 5(a) of Puspan. L. 98–378, which was classified to section 658(span) of this title. Puspan. L. 105–200, title II, § 201(f)(1), (2)(A), July 16, 1998, 112 Stat. 657, 658, repealed section 458 and renumbered section 458A of the act of Aug. 14, 1935, as section 458, which is classified to section 658a of this title.

Amendments

2006—Subsec. (a)(1). Puspan. L. 109–171, § 7309(a), inserted “from amounts paid to the State under section 658a of this title or” before “to carry out an agreement” in concluding provisions.

Subsec. (a)(1)(C). Puspan. L. 109–171, § 7308(a), substituted “66 percent” for “90 percent (rather than the percentage specified in subparagraph (A))”.

1999—Subsec. (a)(1)(B). Puspan. L. 106–169 amended Puspan. L. 104–193, § 344(span)(1)(A). See 1996 Amendment note below.

Subsec. (a)(5). Puspan. L. 106–113 added par. (5).

1998—Subsec. (a)(1)(D). Puspan. L. 105–200, § 102(span), added subpar. (D).

Subsec. (a)(4). Puspan. L. 105–200, § 101(a), added par. (4).

Subsec. (a)(4)(C)(iii). Puspan. L. 105–306 added cl. (iii).

Puspan. L. 105–200, § 201(f)(2)(B), made technical amendments to references in original act which appear in text as references to section 658a(span)(4), section 658a(span)(6), and section 658a(span)(5)(B) of this title.

1997—Subsec. (a)(3)(B)(i). Puspan. L. 105–33, § 5555(a)(1), inserted “or system described in clause (iii)” after “each State” and “or system” after “the State”.

Subsec. (a)(3)(B)(iii). Puspan. L. 105–33, § 5555(a)(2), added cl. (iii).

Subsec. (span). Puspan. L. 105–33, § 5546(span), redesignated subsec. (span), relating to direct Federal funding to Indian tribes and tribal organizations, as (f).

Subsec. (f). Puspan. L. 105–33, § 5546(c), amended span and text of subsec. (f) generally. Prior to amendment, text read as follows: “The Secretary may, in appropriate cases, make direct payments under this part to an Indian tribe or tribal organization which has an approved child support enforcement plan under this subchapter. In determining whether such payments are appropriate, the Secretary shall, at a minimum, consider whether services are being provided to eligible Indian recipients by the State agency through an agreement entered into pursuant to section 654(34) of this title.”

Puspan. L. 105–33, § 5546(span), redesignated subsec. (span), relating to direct Federal funding to Indian tribes and tribal organizations, as (f).

1996—Subsec. (a)(1). Puspan. L. 104–193, § 344(c), which directed repeal of Puspan. L. 100–485, § 123(c), was executed by restoring the provisions of this section amended by § 123(c) to read as if § 123(c) had not been enacted, to reflect the probable intent of Congress. See 1988 Amendment note below.

Subsec. (a)(1)(B). Puspan. L. 104–193, § 344(span)(1)(A), as amended by Puspan. L. 106–169, added subpar. (B) and struck out former subpar. (B) which read as follows: “equal to 90 percent (rather than the percent specified in subparagraph (A)) of so much of the sums expended during such quarter as are attributable to the planning, design, development, installation or enhancement of an automatic data processing and information retrieval system (including in such sums the full cost of the hardware components of such system) which the Secretary finds meets the requirements specified in section 654(16) of this title, or meets such requirements without regard to clause (D) thereof, and”.

Subsec. (a)(3). Puspan. L. 104–193, § 344(span)(1)(B), added par. (3).

Subsec. (span). Puspan. L. 104–193, § 375(span), added subsec. (span) relating to direct Federal funding to Indian tribes and tribal organizations.

Subsec. (e)(1). Puspan. L. 104–193, § 395(d)(1)(E), substituted “noncustodial parents” for “absent parents”.

1988—Subsec. (a)(1). Puspan. L. 100–485, § 123(c), which directed striking subpars. (A) and (B), redesignating subpar. (C) as (A), striking “(rather than the percentage specified in subparagraph (A))” and inserting “and” after the semicolon in subpar. (A), and adding new subpar. (B) which read “equal to the percent specified in paragraph (2) of the total amounts expended by such State during such quarter for the operation of the plan approved under section 654 of this title;”, was repealed by Puspan. L. 104–193, § 344(c).

Subsec. (a)(1)(C). Puspan. L. 100–485, § 112(a), added subpar. (C).

1984—Subsec. (a)(1). Puspan. L. 98–378, § 4(a)(1)–(5), designated existing provisions as par. (1) and in par. (1) as so designated, struck out “, beginning with the quarter commencing July 1, 1975,” after “for each quarter”, substituted subpar. (A) for former par. (1) which provided for an amount equal to 70 percent of the total amounts expended by the State during the quarter for the operation of the plan approved under section 654 of this title, struck out former par. (2) which provided for an amount equal to 50 percent of the total amounts expended by the State during the quarter for the operation of a plan which met the conditions of section 654 of this title except as was provided by a waiver by the Secretary which was granted pursuant to specific authority set forth in the law, redesignated former par. (3) as subpar. (B) of par. (1), and in subpar. (B) as so redesignated, substituted “subparagraph (A)” for “clause (1) or (2)”, and inserted “(including in such sums the full cost of the hardware components of such system)” and “, or meets such requirements without regard to clause (D) thereof”.

Subsec. (a)(2). Puspan. L. 98–378, § 4(a)(6), added par. (2). Former par. (2) was struck out.

Subsec. (a)(3). Puspan. L. 98–378, § 4(a)(3), redesignated par. (3) of subsec. (a) as subpar. (B) of subsec. (a)(1).

Subsec. (e). Puspan. L. 98–378, § 8, added subsec. (e).

1982—Subsec. (a)(1). Puspan. L. 97–248, § 174(a), substituted “70 percent” for “75 percent”.

Subsec. (c). Puspan. L. 97–248, § 174(span), struck out subsec. (c) which had provided that expenditures of courts of a State or its political subdivisions in connection with performance of services related to the operation of a plan approved under section 654 of this title, would be included in determining the amounts expended by a State during any quarter for the operation of such plan, that the aggregate amount of such expenditures would be reduced by the total amount of those expenditures made by a State for the 12-month period beginning on Jan. 1, 1978, and that a State agency could, under State law, pay the courts of the State from amounts received under subsec. (a) of this section.

1981—Subsec. (a). Puspan. L. 97–35, as amended by Puspan. L. 97–248, § 171(span)(2), inserted provision that in determining the total amounts expended by any State during a quarter, for purposes of this subsection, there be excluded an amount equal to the total of any fees collected or other income resulting from services provided under the plan approved under this part.

1980—Subsec. (a). Puspan. L. 96–611, § 9(c), inserted provision following par. (3) that no amount shall be paid to any State on account of amounts expended to carry out an agreement which it has entered into pursuant to section 663 of this title.

Puspan. L. 96–611, § 11(c), which was intended to make a technical correction in par. (3) by substituting a period for the semicolon at the end thereof, was not executed in view of the amendment by section 9(c) of Puspan. L. 96–611 inserting provision following par. (3).

Puspan. L. 96–265, § 405(a), added par. (3).

Puspan. L. 96–178 struck out provisions following par. (2) prohibiting payment to any State on account of furnishing child support collection or paternity determination services (other than the parent locator services) to individuals under section 654(6) of this title during any period beginning after Sept. 30, 1978.

Subsec. (span)(2). Puspan. L. 96–265, § 407(a), substituted “Subject to subsection (d), the Secretary” for “The Secretary”.

Subsecs. (c), (d). Puspan. L. 96–265, §§ 404(a), 407(span), added subsecs. (c) and (d).

1977—Subsec. (a). Puspan. L. 95–59 substituted “September 30, 1978” for “June 30, 1977” in provisions following par. (2).

1976—Subsec. (a). Puspan. L. 94–365 substituted “June 30, 1977” for “June 30, 1976”.

1975—Subsec. (a). Puspan. L. 94–88, §§ 201(c), 205, designated existing provisions as subsec. (a), and inserted provisions authorizing Secretary to pay to each State for each quarter beginning with the quarter commencing July 1, 1975, an amount equal to 50 per cent of the total amounts expended by such State during such quarter for the operation of a plan which meets the conditions of section 654 of this title except as is provided by a waiver by the Secretary which is granted pursuant to specific authority set forth in the law.

Subsec. (span). Puspan. L. 94–88, § 205, added subsec. (span).

Statutory Notes and Related Subsidiaries

Effective Date of 2006 Amendment

Puspan. L. 109–171, title VII, § 7308(span), Fespan. 8, 2006, 120 Stat. 147, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on October 1, 2006, and shall apply to costs incurred on or after that date.”

Puspan. L. 109–171, title VII, § 7309(span), Fespan. 8, 2006, 120 Stat. 147, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on October 1, 2007.”

Effective Date of 1999 Amendments

Amendment by Puspan. L. 106–169 effective as if included in the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Puspan. L. 104–193, see section 401(q) of Puspan. L. 106–169, set out as a note under section 602 of this title.

Amendment by Puspan. L. 106–113 effective Oct. 1, 1999, see section 1000(a)(4) [title VIII, § 807(c)] of Puspan. L. 106–113, set out as a note under section 609 of this title.

Effective Date of 1998 Amendments

Puspan. L. 105–306, § 4(a)(2), Oct. 28, 1998, 112 Stat. 2927, provided that: “The amendment made by paragraph (1) of this subsection [amending this section] shall take effect as if included in the enactment of section 101(a) of the Child Support Performance and Incentive Act of 1998 [Puspan. L. 105–200, amending this section], and the amendment shall be considered to have been added by section 101(a) of such Act for purposes of section 201(f)(2)(B) of such Act [amending this section].”

Puspan. L. 105–200, title II, § 201(f)(3), July 16, 1998, 112 Stat. 658, provided that: “The amendments made by this subsection [amending this section, renumbering section 658a as section 658 of this title, and repealing former section 658 of this title] shall take effect on October 1, 2001.”

Effective Date of 1997 Amendment

Amendment by Puspan. L. 105–33 effective as if included in the enactment of title III of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Puspan. L. 104–193, see section 5557 of Puspan. L. 105–33, set out as a note under section 608 of this title.

Effective Date of 1996 Amendment

For effective date of amendment by Puspan. L. 104–193, see section 395(a)–(c) of Puspan. L. 104–193, set out as a note under section 654 of this title.

Effective Date of 1988 Amendment

Puspan. L. 100–485, title I, § 112(span), Oct. 13, 1988, 102 Stat. 2350, provided that: “The amendments made by subsection (a) [amending this section] shall apply with respect to laboratory costs incurred on or after October 1, 1988.”

Puspan. L. 100–485, title I, § 123(c), Oct. 13, 1988, 102 Stat. 2352, which provided that the amendment made by that section was effective Sept. 30, 1995, was repealed by Puspan. L. 104–193, title III, § 344(c), Aug. 22, 1996, 110 Stat. 2237.

Effective Date of 1984 Amendment

Amendment by section 4(a) of Puspan. L. 98–378 applicable to fiscal years after fiscal year 1983, see section 4(c) of Puspan. L. 98–378, set out as a note under section 652 of this title.

Amendment by section 6(span) of Puspan. L. 98–378 applicable with respect to quarters beginning on or after Oct. 1, 1984, see section 6(c) of Puspan. L. 98–378, set out as a note under section 654 of this title.

Effective Date of 1982 Amendment

Amendment by section 171(span)(2) of Puspan. L. 97–248 effective on and after Aug. 13, 1981, see section 171(c) of Puspan. L. 97–248, set out as a note under section 503 of this title.

Puspan. L. 97–248, title I, § 174(d), Sept. 3, 1982, 96 Stat. 403, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to quarters beginning on or after October 1, 1982. Subsection (span) [amending this section] shall apply with respect to quarters beginning on or after October 1, 1983; and the amendment made by subsection (c) [amending section 658 of this title] shall apply with respect to amounts collected on or after October 1, 1983.”

Effective Date of 1981 Amendment

Amendment by Puspan. L. 97–35 effective Oct. 1, 1981, except as otherwise specifically provided, see section 2336 of Puspan. L. 97–35, set out as a note under section 651 of this title.

Effective Date of 1980 Amendment

Puspan. L. 96–265, title IV, § 404(span), June 9, 1980, 94 Stat. 463, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to expenditures made by States on or after July 1, 1980.”

Amendment by section 405(a) of Puspan. L. 96–265 effective July 1, 1981, and to be effective only with respect to expenditures, referred to in subsec. (a)(3) of this section, made on or after such date, see section 405(e) of Puspan. L. 96–265, set out as a note under section 652 of this title.

Puspan. L. 96–265, title IV, § 407(d), June 9, 1980, 94 Stat. 468, provided that: “The amendments made by this section [amending this section and section 603 of this title] shall be effective in the case of calendar quarters commencing on or after January 1, 1981.”

Puspan. L. 96–178, § 2(span), Jan. 2, 1980, 93 Stat. 1295, as amended by Puspan. L. 96–272, title III, § 301(a), June 17, 1980, 94 Stat. 527, provided that: “This section [amending this section] shall become effective on the date of the enactment of this Act [Jan. 2, 1980], and shall apply with respect to services furnished on or after October 1, 1978.”

Effective Date of 1975 Amendment

Amendment by Puspan. L. 94–88 effective Aug. 1, 1975, unless otherwise provided, see section 210 of Puspan. L. 94–88, set out as a note under section 654 of this title.

Temporary Resumption of Prior Child Support Law

Puspan. L. 111–5, div. B, title II, § 2104, Fespan. 17, 2009, 123 Stat. 449, provided that: “During the period that begins on October 1, 2008, and ends on September 30, 2010, section 455(a)(1) of the Social Security Act (42 U.S.C. 655(a)(1)) shall be applied and administered as if the phrase ‘from amounts paid to the State under section 458 [42 U.S.C. 658a] or’ does not appear in such section.”

Temporary Limitation on Payments Under Special Federal Matching Rate

Puspan. L. 104–193, title III, § 344(span)(2), Aug. 22, 1996, 110 Stat. 2236, as amended by Puspan. L. 105–33, title V, § 5555(span), Aug. 5, 1997, 111 Stat. 637, provided that:

“(A)In general.—The Secretary of Health and Human Services may not pay more than $400,000,000 in the aggregate under section 455(a)(3)(B) of the Social Security Act [42 U.S.C. 655(a)(3)(B)] for fiscal years 1996 through 2001.

“(B)Allocation of limitation among states.—The total amount payable to a State or a system described in subparagraph (C) under section 455(a)(3)(B) of such Act for fiscal years 1996 through 2001 shall not exceed the limitation determined for the State or system by the Secretary of Health and Human Services in regulations.

“(C)Allocation formula.—The regulations referred to in subparagraph (B) shall prescribe a formula for allocating the amount specified in subparagraph (A) among States with plans approved under part D of title IV of the Social Security Act [42 U.S.C. 651 et seq.], and among systems that have been approved by the Secretary to receive enhanced funding pursuant to the Family Support Act of 1988 (Public Law 100–485; 102 Stat. 2343) for the purpose of developing a system that meets the requirements of sections 454(16) (as in effect on and after September 30, 1995) and 454A [probably means sections 454(16) and 454A of the Social Security Act which are classified to sections 654(16) and 654a, respectively, of this title], including systems that have received funding for such purpose pursuant to a waiver under section 1115(a) [probably means section 1115(a) of the Social Security Act which is classified to section 1315(a) of this title], which shall take into account—

“(i) the relative size of such State and system caseloads under part D of title IV of the Social Security Act [42 U.S.C. 651 et seq.]; and

“(ii) the level of automation needed to meet the automated data processing requirements of such part.”

Payments to States for Certain Expenses Incurred During July 1975

Puspan. L. 94–88, title II, § 206, Aug. 9, 1975, 89 Stat. 435, provided that amounts expended in good faith by any State during July 1975 in certain ways in preparation for or implementation of the child support program under this part were to be considered for purposes of this section, to the extent that payment for the expenses incurred would have been made under the terms of this section, had the amendment by section 101 of Puspan. L. 93–647 been effective on July 1, 1975, to have been expended by the State for the operation of the State plan or for the conduct of activities specified in this section.