§ 651. Authorization of appropriations

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1935

   Social Services Amendments of 1974

   Pub. L. 93–647 § 101(a) · 88 Stat. 2337

   Enacted · 42 U.S.C. § 651

   Aug. 14, 1935, ch. 531, title IV, § 451, as added Pub. L. 93–647, § 101(a), Jan. 4, 1975, 88 Stat. 2351

   Source evidence

   Code source credit
   Aug. 14, 1935, ch. 531, title IV, § 451, as added Pub. L. 93–647, § 101(a), Jan. 4, 1975, 88 Stat. 2351

   Enacted provision · exact public law section
   (a) Title IV of the Social Security Act is amended by adding after part C the following new part: “Part D— Child Support and Establishment of Paternity “Sec. 451. “appropriation For the purpose of enforcing the support obligations owed 42 USC 651. by absent parents to their children, locating absent parents, establishing paternity, and obtaining child support, there is hereby authorized to be appropriated for each fiscal year a sum sufficient to carry out the purposes of this part. “Sec. 452. “duties of the secretary (a) The Secretary shall establish, within the Department 42 USC 652. of Health, Education, and Welfare 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 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 Annual audit. part, and, not less often than annually, 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; Technical assistance.“(7) provide technical assistance to the States to help them establish effective systems for collecting child 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 Post, p. 2353. 453; and Report to Congress.“(10) not later than June 30 of each year beginning after December 31, 1975, submit to the Congress a report on all activities undertaken pursuant to the provisions of this part. “(b) The Secretary shall, upon the request of any State having in effect a State plan approved under this part, certify the amount of any child support obligation assigned to such State to the Secretary of the Treasury for collection pursuant to the provisions of section 6305 of the Post, p. 2358. Internal Revenue Code of 1954. No amount may be certified for collection under this subsection except the amount of the delinquency under a court 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 United States for any costs involved in making the collection. 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. Revolving fund.Establishment.“(c) (1) There is hereby established in the Treasury a revolving fund which shall lie available to the Secretary without fiscal year limitation, to enable him to pay to the States for distribution in accordance Post, p. 2356. with the provisions of section 457 such amounts as may be collected and paid (subject to paragraph (2)) into such fund under section 6305 of 26 USC 6305. the Internal Revenue Code of 1954. “(2) There is hereby appropriated to the fund, out of any moneys in the Treasury not otherwise appropriated, amounts equal to the amounts collected under section 6305 of the Internal Revenue Code of 1954, reduced by the amounts credited or refunded as overpayments of the amounts so collected. The amounts appropriated by the preceding section shall be transferred at least quarterly from the general fund of the Treasury to the fund on the basis of estimates made by the Secretary of the Treasury. Proper adjustments shall be made in the amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. “Sec. 453. “parent locator service (a) The Secretary shall establish and conduct a Parent Establishment. 42 USC 653. 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 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, Education, and Welfare; 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, or the United States or of any State. No information shall be disclosed to any person if the disclosure of Information disclosure, prohibited. 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— “Authorized person.” “(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 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 lie 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 Fees. 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. “(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, after determining that the absent parent cannot be located through the procedures under the control of such State agencies, 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. “Sec. 454. “state plan for child support A State plan for child 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 Post, p. 2359. respect to whom an assignment under section 402(a) (26) of this title is effective, to establish the paternity of such child, and “(B) in the case of any child with respect to whom such assignment is effective, to secure support for such child from his parent (or from any other person legally liable for such support), utilizing any reciprocal arrangements adopted with other States, 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, in any case in which child support payments are collected for a child with respect to whom an assignment under section 402(a) (26) is effective, such payments shall be Post, p. 2356. made to the State for distribution pursuant to section 457 and shall not be paid directly to the family except that this paragraph shall not apply to such payments (except as provided in section 457(c)) for any month in which the amount collected is sufficient to make such family ineligible for assistance under the State plan approved under part A; “(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, (B) an Application fee. application fee for furnishing such services may be imposed, except that the amount of any such application fee shall be reasonable, as determined under regulations of the Secretary, and (C) any costs in excess of the fee so imposed may be collected from such individual by deducting such costs from the amount of any recovery made; “(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, Education, and Welfare; “(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 a child or children of such parent 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 child support shall be distributed as provided in section 457; Post, p. 2356. “(12) provide that any payment required to be made under section 456 or 457 to a family snail be made to the resident parent, legal guardian, or caretaker relative having custody of or responsibility for the child or children; and “(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. “Sec. 455. “payments to states From the sums appropriated therefor, the Secretary shall 42 USC 655. pay to each State for each quarter, beginning with the quarter commencing July 1, 1975, an amount equal to 75 percent of the total amounts expended by such State during such quarter for the operation of the plan approved under section 454 except that no amount shall be Ante, p. 2354. paid to any State on account of furnishing collection services (other Ante, p. 2354. than parent locator services) to individuals under section 454(6) during any period beginning after June 30, 1976. “Sec. 456. “support obligations (a) The support rights assigned to the State under section 402(a) (26) 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. “(1) 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 “(2) Any amounts collected from an absent parent under the plan shall reduce, dollar for dollar, the amount of his obligation under paragraphs (1) (A) and (B). “(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 11 USC 1 note. under the Bankruptcy Act. “Sec. 457. “distribution of proceeds (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 child support by a State pursuant to a plan approved under this part during any fiscal year beginning after September 30, 1976, shall be distributed as follows: “(1) such amounts as are collected periodically 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); “(2) such amounts as are in excess of amounts retained by the State under paragraph (1) 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 “(3) such amounts as are in excess of amounts required to be distributed under paragraphs (1) and (2) 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 for whom child support payments have been collected and distributed under the plan ceases to receive assistance under part A of this title, the State may— “(1) continue to collect such support payments from the absent parent for a period of not to exceed three months from the month following the month in which such family ceased to receive assistance under part A of this title, and pay all amounts so collected to the family; and “(2) at the end of such three-month period, if the State is authorized to do so by the individual on whose behalf the collection will be made, continue to collect such support payments from the absent parent and pay the, net amount of any amount so collected to the family after deducting any costs incurred in making the collection from the amount of any recovery made. “Sec. 458. “incentive payment to localities (a) When a political subdivision of a State makes, for the 42 USC 658. State of which it is a political subdivision, or one State makes, for another State, the enforcement and collection of the support rights assigned under section 402(a)(26) (either within or outside of such Post, p. 2359. State), there shall be paid to such political subdivision or such other- State from amounts which would otherwise represent the Federal share of assistance to the family of the absent parent— “(1) an amount equal to 25 per centum of any amount collected (and required to be distributed as provided in section 457 to reduce or repay assistance payments) which is attributable to the support obligation owed for 12 months; and “(2) an amount equal to 10 per centum of any amount collected (and required to be distributed as provided in section 457 to reduce or repay assistance payments) which is attributable to the support obligation owed for any month after the first twelve months for which such collections are made. “(b) Where more than one jurisdiction is involved in such enforcement or collection, the amount of the incentive payment determined under paragraphs (1) and (2) of subsection (a) shall be allocated among the jurisdictions in a manner to be prescribed by the Secretary. “Sec. 459. “consent by the united states to garnishment and similar proceedings for enforcement of child support and a lemony obligations Notwithstanding any other provision of law, effective 42 USC 659. January 1, 1975, moneys (the entitlement to which is based upon remuneration for employment) due from, or payable by, the United States (including any agency or instrumentality thereof and any wholly owned Federal corporation) 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 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. “Sec. 460. “civil actions to enforce child support obligations 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, Education, and Ante, p. 2351. Welfare 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.”

2. 1981

   Pub. L. 97–35 title XXIII § 2332(a) · 95 Stat. 357

   1. Substituted · 42 U.S.C. § 651

      Pub. L. 97–35 substituted “children and the spouse (or former spouse) with whom such children are living” for “children”

   2. Substituted · 42 U.S.C. § 651

      Pub. L. 97–35 substituted “child and spousal support” for “child support”

   Source evidence

   Code amendment note
   Pub. L. 97–35 substituted “children and the spouse (or former spouse) with whom such children are living” for “children” and “child and spousal support” for “child support”.

   Enacted provision · exact public law section
   (a) Section 451 of the Social Security Act is amended by 42 USC 651. striking out “children” and inserting in lieu thereof “children and the spouse (or former spouse) with whom such children are living” and by striking out “child support” and inserting in lieu thereof “child and spousal support”.

3. 1984

   Child Support Enforcement Amendments of 1984

   Pub. L. 98–378 § 2 · 98 Stat. 1305

   Substituted · 42 U.S.C. § 651

   Pub. L. 98–378 substituted “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,” for “and obtaining child and spousal support,”

   Source evidence

   Code amendment note
   Pub. L. 98–378 substituted “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,” for “and obtaining child and spousal support,”.

   Enacted provision · exact public law section
   Sec. 2. Section 451 of the Social Security Act is amended by 42 USC 651. striking out “and obtaining child and spousal support,” and inserting in lieu thereof “obtaining child and spousal support, and assuring that assistance in obtaining support will be available under this 42 USC 601. part to all children (whether or not eligible for aid under part A) for whom such assistance is requested,”.

4. 1996

   Personal Responsibility and Work Opportunity Reconciliation Act of 1996

   Pub. L. 104–193 § 395(d)(1)(A) · 110 Stat. 2105

   Substituted · 42 U.S.C. § 651

   Pub. L. 104–193, § 395(d)(1)(A), substituted “noncustodial” for “absent” in two places

   Source evidence

   Code amendment note
   Pub. L. 104–193, § 395(d)(1)(A), substituted “noncustodial” for “absent” in two places.

   Enacted provision · exact public law section
   (A) Section 451 (42 U.S.C. 651).

   Effective date note
   Amendment by section 108(c)(1) of Pub. L. 104–193 effective July 1, 1997, with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Pub. L. 104–193, as amended, set out as an Effective Date note under section 601 of this title. For effective date of amendment by section 395(d)(1)(A) of Pub. L. 104–193, see section 395(a)–(c) of Pub. L. 104–193, set out as a note under section 654 of this title.

5. 1996

   Personal Responsibility and Work Opportunity Reconciliation Act of 1996

   Pub. L. 104–193 § 108(c)(1) · 110 Stat. 2105

   Substituted · 42 U.S.C. § 651

   Pub. L. 104–193, § 108(c)(1), substituted “assistance under a State program funded under part A” for “aid under part A”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 104–193, § 108(c)(1), substituted “assistance under a State program funded under part A” for “aid under part A”.

   Enacted provision · exact public law section
   (1) Section 451 (42 U.S.C. 651) is amended by striking “aid” and inserting “assistance under a State program funded”.

   Effective date note
   Amendment by section 108(c)(1) of Pub. L. 104–193 effective July 1, 1997, with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Pub. L. 104–193, as amended, set out as an Effective Date note under section 601 of this title. For effective date of amendment by section 395(d)(1)(A) of Pub. L. 104–193, see section 395(a)–(c) of Pub. L. 104–193, set out as a note under section 654 of this title.

6 of 6 references resolved to an enrolled provision