Title 42 — The Public Health and Welfare
Part D · Chapter 7 — Social Security
§ 654. State plan for child and spousal support
Statutory text
A State plan for child and spousal support must—
provide that it shall be in effect in all political subdivisions of the State;
provide for financial participation by the State;
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;
provide that the State will—
provide services relating to the establishment of paternity or the establishment, modification, or enforcement of child support obligations, as appropriate, under the plan with respect to—
each child for whom (I) assistance is provided under the State program funded under part A of this subchapter, (II) benefits or services for foster care maintenance are provided under the State program funded under part E of this subchapter, (III) medical assistance is provided under the State plan approved under subchapter XIX, or (IV) cooperation is required pursuant to section 2015(l)(1) of title 7, unless, in accordance with paragraph (29), good cause or other exceptions exist;
any other child, if an individual applies for such services with respect to the child (except that, if the individual applying for the services resides in a foreign reciprocating country or foreign treaty country, the State may opt to require the individual to request the services through the Central Authority for child support enforcement in the foreign reciprocating country or the foreign treaty country, and if the individual resides in a foreign country that is not a foreign reciprocating country or a foreign treaty country, a State may accept or reject the application); and
enforce any support obligation established with respect to—
a child with respect to whom the State provides services under the plan; or
the custodial parent of such a child;
provide that (A) in any case in which support payments are collected for an individual with respect to whom an assignment pursuant to section 608(a)(3) of this title is effective, such payments shall be made to the State for distribution pursuant to section 657 of this title 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) of the amount of the support payments collected, and (B) in any case in which support payments are collected for an individual pursuant to the assignment made under section 1396k of this title, such payments shall be made to the State for distribution pursuant to section 1396k of this title, 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;
provide that—
services under the plan shall be made available to residents of other States on the same terms as to residents of the State submitting the plan;
an application fee for furnishing such services shall be imposed on an individual, other than an individual receiving assistance under a State program funded under part A or E, or under a State plan approved under subchapter XIX, or who is required by the State to cooperate with the State agency administering the program under this part pursuant to subsection (l) or (m) of section 2015 of title 7, and 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); and
in the case of an individual who has never received assistance under a State program funded under part A and for whom the State has collected at least $550 of support, the State shall impose an annual fee of $35 for each case in which services are furnished, which shall be retained by the State from support collected on behalf of the individual (but not from the first $550 so collected), paid by the individual applying for the services, 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 the fees shall be considered income to the program);
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 664(a)(2) of this title;
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 assistance under a State program funded under part A; and
any costs in excess of the fees so imposed may be collected—
from the parent who owes the child or spousal support obligation involved; or
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;
provide for entering into cooperative arrangements with appropriate courts and law enforcement officials and Indian tribes or tribal organizations (as defined in subsections (e) and (l) of section 5304 of title 25) (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;
provide that, for the purpose of establishing parentage, establishing, setting the amount of, modifying, or enforcing child support obligations, or making or enforcing a child custody or visitation determination, as defined in section 663(d)(1) of this title the agency administering the plan will establish a service to locate parents utilizing—
all sources of information and available records; and
the Federal Parent Locator Service established under section 653 of this title,
and shall, subject to the privacy safeguards required under paragraph (26), disclose only the information described in sections 653 and 663 of this title to the authorized persons specified in such sections for the purposes specified in such sections;
provide that the State will, in accordance with standards prescribed by the Secretary, cooperate with any other State—
in establishing paternity, if necessary;
in locating a noncustodial 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;
in securing compliance by a noncustodial 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;
in carrying out other functions required under a plan approved under this part; and
not later than , in using the forms promulgated pursuant to section 652(a)(11) of this title for income withholding, imposition of liens, and issuance of administrative subpoenas in interstate child support cases;
provide that the State will maintain a full record of collections and disbursements made under the plan and have an adequate reporting system;
provide that amounts collected as support shall be distributed as provided in section 657 of this title; and
provide that any payment required to be made under section 656 or 657 of this title 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;
provide for the establishment of procedures to require the State to provide individuals who are applying for or receiving services under the State plan, or who are parties to cases in which services are being provided under the State plan—
with notice of all proceedings in which support obligations might be established or modified; and
with a copy of any order establishing or modifying a child support obligation, or (in the case of a petition for modification) a notice of determination that there should be no change in the amount of the child support award, within 14 days after issuance of such order or determination;
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 noncustodial parents, establishing paternity, obtaining support orders, and collecting support payments and provide that information requests by parents who are residents of other States be treated with the same priority as requests by parents who are residents of the State submitting the plan;
comply with such bonding requirements, for employees who receive, disburse, handle, or have access to, cash, as the Secretary shall by regulations prescribe;
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);
provide for—
a process for annual reviews of and reports to the Secretary on the State program operated under the State plan approved under this part, including such information as may be necessary to measure State compliance with Federal requirements for expedited procedures, using such standards and procedures as are required by the Secretary, under which the State agency will determine the extent to which the program is operated in compliance with this part; and
a process of extracting from the automated data processing system required by paragraph (16) and transmitting to the Secretary data and calculations concerning the levels of accomplishment (and rates of improvement) with respect to applicable performance indicators (including paternity establishment percentages) to the extent necessary for purposes of sections 652(g) and 658a of this title;
provide for the establishment and operation by the State agency, in accordance with an (initial and annually updated) advance automated data processing planning document approved under section 652(d) of this title, of a statewide automated data processing and information retrieval system meeting the requirements of section 654a of this title designed effectively and efficiently to assist management in the administration of the State plan, so as to control, account for, and monitor all the factors in the support enforcement collection and paternity determination process under such plan;
provide that the State will have in effect an agreement with the Secretary entered into pursuant to section 663 of this title for the use of the Parent Locator Service established under section 653 of this title, and 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;
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 664 of this title, and take all steps necessary to implement and utilize such procedures;
provide that the agency administering the plan—
shall determine on a periodic basis, from information supplied pursuant to section 508 of the Unemployment Compensation Amendments of 1976, 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
shall enforce any such child support obligations which are owed by such an individual but are not being met—
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
in the absence of such an agreement, by bringing legal process (as defined in section 659(i)(5) of this title) to require the withholding of amounts from such compensation;
provide, to the extent required by section 666 of this title, 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;
at the option of the State, impose a late payment fee on all overdue support (as defined in section 666(e) of this title) 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 noncustodial parent owing the overdue support; and
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;
in order for the State to be eligible to receive any incentive payments under section 658a of this title, 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;
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 will publicize the availability and encourage the use of procedures for voluntary establishment of paternity and child support by means the State deems appropriate;
provide that the State will have in effect an automated data processing and information retrieval system—
by , which meets all requirements of this part which were enacted on or before ; and
by , which meets all requirements of this part enacted on or before , except that such deadline shall be extended by 1 day for each day (if any) by which the Secretary fails to meet the deadline imposed by section 344(a)(3) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996;
provide that if a family with respect to which services are provided under the plan ceases to receive assistance under the State program funded under part A, the State shall provide appropriate notice to the family and continue to provide such services, subject to the same conditions and on the same basis as in the case of other individuals to whom services are furnished under the plan, except that an application or other request to continue services shall not be required of such a family and paragraph (6)(B) shall not apply to the family;
have in effect safeguards, applicable to all confidential information handled by the State agency, that are designed to protect the privacy rights of the parties, including—
safeguards against unauthorized use or disclosure of information relating to proceedings or actions to establish paternity, or to establish, modify, or enforce support, or to make or enforce a child custody determination;
prohibitions against the release of information on the whereabouts of 1 party or the child to another party against whom a protective order with respect to the former party or the child has been entered;
prohibitions against the release of information on the whereabouts of 1 party or the child to another person if the State has reason to believe that the release of the information to that person may result in physical or emotional harm to the party or the child;
in cases in which the prohibitions under subparagraphs (B) and (C) apply, the requirement to notify the Secretary, for purposes of section 653(b)(2) of this title, that the State has reasonable evidence of domestic violence or child abuse against a party or the child and that the disclosure of such information could be harmful to the party or the child; and
procedures providing that when the Secretary discloses information about a parent or child to a State court or an agent of a State court described in section 653(c)(2) or 663(d)(2)(B) of this title, and advises that court or agent that the Secretary has been notified that there is reasonable evidence of domestic violence or child abuse pursuant to section 653(b)(2) of this title, the court shall determine whether disclosure to any other person of information received from the Secretary could be harmful to the parent or child and, if the court determines that disclosure to any other person could be harmful, the court and its agents shall not make any such disclosure;
provide that, on and after , the State agency will—
operate a State disbursement unit in accordance with section 654b of this title; and
have sufficient State staff (consisting of State employees) and (at State option) contractors reporting directly to the State agency to—
monitor and enforce support collections through the unit in cases being enforced by the State pursuant to paragraph (4) (including carrying out the automated data processing responsibilities described in section 654a(g) of this title); and
take the actions described in section 666(c)(1) of this title in appropriate cases;
provide that, on and after , the State will operate a State Directory of New Hires in accordance with section 653a of this title;
provide that the State agency responsible for administering the State plan—
shall make the determination (and redetermination at appropriate intervals) as to whether an individual who has applied for or is receiving assistance under the State program funded under part A, the State program under part E, the State program under subchapter XIX, or the supplemental nutrition assistance program, as defined under section 2012(l) 1 of title 7, is cooperating in good faith with the State in establishing the paternity of, or in establishing, modifying, or enforcing a support order for, any child of the individual by providing the State agency with the name of, and such other information as the State agency may require with respect to, the noncustodial parent of the child, subject to good cause and other exceptions which—
in the case of the State program funded under part A, the State program under part E, or the State program under subchapter XIX shall, at the option of the State, be defined, taking into account the best interests of the child, and applied in each case, by the State agency administering such program; and
in the case of the supplemental nutrition assistance program, as defined under section 2012(l) 1 of title 7, shall be defined and applied in each case under that program in accordance with section 2015(l)(2) of title 7;
shall require the individual to supply additional necessary information and appear at interviews, hearings, and legal proceedings;
shall require the individual and the child to submit to genetic tests pursuant to judicial or administrative order;
may request that the individual sign a voluntary acknowledgment of paternity, after notice of the rights and consequences of such an acknowledgment, but may not require the individual to sign an acknowledgment or otherwise relinquish the right to genetic tests as a condition of cooperation and eligibility for assistance under the State program funded under part A, the State program under part E, the State program under subchapter XIX, or the supplemental nutrition assistance program, as defined under section 2012(l) 1 of title 7; and
shall promptly notify the individual and the State agency administering the State program funded under part A, the State agency administering the State program under part E, the State agency administering the State program under subchapter XIX, or the State agency administering the supplemental nutrition assistance program, as defined under section 2012(l) 1 of title 7, of each such determination, and if noncooperation is determined, the basis therefor;
provide that the State shall use the definitions established under section 652(a)(5) of this title in collecting and reporting information as required under this part;
provide that the State agency will have in effect a procedure for certifying to the Secretary, for purposes of the procedure under section 652(k) of this title, determinations that individuals owe arrearages of child support in an amount exceeding $2,500, under which procedure—
each individual concerned is afforded notice of such determination and the consequences thereof, and an opportunity to contest the determination; and
the certification by the State agency is furnished to the Secretary in such format, and accompanied by such supporting documentation, as the Secretary may require;
provide that any request for services under this part by a foreign reciprocating country, a foreign treaty country, or a foreign country with which the State has an arrangement described in section 659a(d) of this title shall be treated as a request by a State;
provide, at State option, notwithstanding paragraph (4) or any other provision of this part, for services under the plan for enforcement of a spousal support order not described in paragraph (4)(B) entered by such a country (or subdivision); and
provide that no applications will be required from, and no costs will be assessed for such services against, the foreign reciprocating country, foreign treaty country, or foreign individual (but costs may at State option be assessed against the obligor);
provide that a State that receives funding pursuant to section 628 of this title and that has within its borders Indian country (as defined in section 1151 of title 18) may enter into cooperative agreements with an Indian tribe or tribal organization (as defined in subsections (e) and (l) of section 5304 of title 25), if the Indian tribe or tribal organization demonstrates that such tribe or organization has an established tribal court system or a Court of Indian Offenses with the authority to establish paternity, establish, modify, or enforce support orders, or to enter support orders in accordance with child support guidelines established or adopted by such tribe or organization, under which the State and tribe or organization shall provide for the cooperative delivery of child support enforcement services in Indian country and for the forwarding of all collections pursuant to the functions performed by the tribe or organization to the State agency, or conversely, by the State agency to the tribe or organization, which shall distribute such collections in accordance with such agreement; and
include an election by the State to apply section 657(a)(2)(B) of this title or former section 657(a)(2)(B) of this title (as in effect for the State immediately before the date this paragraph first applies to the State) to the distribution of the amounts which are the subject of such sections and, for so long as the State elects to so apply such former section, the amendments made by subsection (b)(1) of section 7301 of the Deficit Reduction Act of 2005 shall not apply with respect to the State, notwithstanding subsection (e) of such section 7301.
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). Nothing in paragraph (33) shall void any provision of any cooperative agreement entered into before , nor shall such paragraph deprive any State of jurisdiction over Indian country (as so defined) that is lawfully exercised under section 1322 of title 25.
Footnotes
- 1 See References in Text note below.
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.
Social Services Amendments of 1974
Pub. L. 93–647 § 101(a) · 88 Stat. 2337
Enacted · 42 U.S.C. § 654
Aug. 14, 1935, ch. 531, title IV, § 454, as added Pub. L. 93–647, § 101(a), Jan. 4, 1975, 88 Stat. 2354
Source evidence
Code source credit
Aug. 14, 1935, ch. 531, title IV, § 454, as added Pub. L. 93–647, § 101(a), Jan. 4, 1975, 88 Stat. 2354Enacted 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.”Pub. L. 94–88 § 208(b) · 89 Stat. 433
Substituted · 42 U.S.C. § 654(4)(A)
Pub. L. 94–88, § 208(b), substituted “to establish the paternity of such child, unless the agency administering the plan of the State under part A of this subchapter determines in accordance with the standards prescribed by the Secretary pursuant to section 602(a)(26)(B) of this title that it is against the best interests of the child to do so” for “to establish the paternity of such child”
Source evidence
Code amendment note
Par. (4)(A). Pub. L. 94–88, § 208(b), substituted “to establish the paternity of such child, unless the agency administering the plan of the State under part A of this subchapter determines in accordance with the standards prescribed by the Secretary pursuant to section 602(a)(26)(B) of this title that it is against the best interests of the child to do so” for “to establish the paternity of such child”.Enacted provision · exact public law section
(b) Section 454(4) (A) of such Act (as so added) is amended by inserting after “such child,” the following: “unless the agency administering 42 USC 601. 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,”.Pub. L. 94–88 § 208(c) · 89 Stat. 433
Substituted · 42 U.S.C. § 654(4)(B)
Pub. L. 94–88, § 208(c), substituted “reciprocal arrangements adopted with other States (unless the agency administering the plan of the State under part A of this subchapter determines in accordance with the standards prescribed by the Secretary pursuant to section 602(a)(26)(B) of this title that it is against the best interests of the child to do so)” for “reciprocal arrangements adopted with other States”
Source evidence
Code amendment note
Par. (4)(B). Pub. L. 94–88, § 208(c), substituted “reciprocal arrangements adopted with other States (unless the agency administering the plan of the State under part A of this subchapter determines in accordance with the standards prescribed by the Secretary pursuant to section 602(a)(26)(B) of this title that it is against the best interests of the child to do so)” for “reciprocal arrangements adopted with other States”.Enacted provision · exact public law section
(c) Section 454(4) (B) of such Act (as so added) is amended by inserting immediately after “other States” the following: “(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)”.Tax Reduction and Simplification Act of 1977
Pub. L. 95–30 title V § 502(a) · 91 Stat. 126
Added · 42 U.S.C. § 654(14); 42 U.S.C. § 654(15)
Pub. L. 95–30 added pars. (14) and (15)
Source evidence
Code amendment note
Pars. (14), (15). Pub. L. 95–30 added pars. (14) and (15).Enacted provision · exact public law section
(a) In General.— Section 454 of the Social Security Act is amended— (1) by striking out “and” at the end of paragraph (12), (2) by striking out the period at the end of paragraph (13) and inserting a semicolon in lieu thereof, and (3) by adding at the end thereof the following new paragraphs: “(14) comply with such bonding requirements, for employees who receive, disburse, handle, or have access to, cash, as the Secretary shall by regulations prescribe; and “(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).”.Social Security Disability Amendments of 1980
Pub. L. 96–265 title IV § 405(b) · 94 Stat. 441
Added · 42 U.S.C. § 654(16)
Pub. L. 96–265 added par. (16)
Source evidence
Code amendment note
Par. (16). Pub. L. 96–265 added par. (16).Enacted provision · exact public law section
(b) Section 454 of such Act is amended— (1) by striking out “and” at the end of paragraph (14), (2) by striking out the period at the end of paragraph (15) and inserting in lieu thereof “; and”, and (3) by adding after paragraph (15) the following new paragraph: “(16) provide, at the option of the State, for the establishment, in accordance with an (initial and annually updated) advance automatic data processing planning document approved under section 452(d), of an automatic data processing and information Post, p. 464. 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 child 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 child 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 child 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, and (D) to provide management information on all cases under the State plan from initial referral or application through collection and enforcement.”.Pub. L. 96–611 § 9(a) · 94 Stat. 3566
Added · 42 U.S.C. § 654(17)
Pub. L. 96–611 added par. (17)
Source evidence
Code amendment note
Par. (17). Pub. L. 96–611 added par. (17).Enacted provision · exact public law section
(a) Section 454 of the Social Security Act is amended— 42 USC 654. (1) by striking out “and” at the end of paragraph (15); (2) by striking out the period at the end of paragraph (16) and inserting in lieu thereof “; and”; and (3) by inserting after paragraph (16) the following new paragraph: “(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 Post, p. 3572. 42 USC 653. Parent Locator Service established under section 453, to 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, and to 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, to 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, otherwise to comply with such agreement and regulations of the Secretary with respect thereto.”.Pub. L. 97–35 § 2332(d)(2) · 95 Stat. 357
Substituted · 42 U.S.C. § 654
Pub. L. 97–35, § 2332(d)(2), substituted in provision preceding par. (1) “child and spousal support” for “child support”
Source evidence
Code amendment note
Pub. L. 97–35, § 2332(d)(2), substituted in provision preceding par. (1) “child and spousal support” for “child support”.Enacted provision · exact public law section
(2) by striking out “child support” in the matter preceding paragraph (1) and inserting in lieu thereof “child and spousal support”;Pub. L. 97–35 § 2332(d)(3) · 95 Stat. 357
Substituted · 42 U.S.C. § 654(4)(B)
Pub. L. 97–35, § 2332(d)(3), substituted “such support) and, at the option of the State, from such parent for his spouse (or former spouse) receiving aid to families with dependent children (but only if a support obligation has been established with respect to such spouse), utilizing” for “such support), utilizing”
Source evidence
Code amendment note
Par. (4)(B). Pub. L. 97–35, § 2332(d)(3), substituted “such support) and, at the option of the State, from such parent for his spouse (or former spouse) receiving aid to families with dependent children (but only if a support obligation has been established with respect to such spouse), utilizing” for “such support), utilizing”.Enacted provision · exact public law section
(3) in paragraph (4)(B), by striking out the comma immediately following the first parenthetical phrase and inserting in lieu thereof “and, at the option of the State, from such parent for his spouse (or former spouse) receiving aid to families with dependent children (but only if a support obligation has been established with respect to such spouse),”;Pub. L. 97–35 § 2332(d)(4) · 95 Stat. 357
Substituted · 42 U.S.C. § 654(5)
Pub. L. 97–35, § 2332(d)(4), substituted “support payments” for “child support payments”
Substituted · 42 U.S.C. § 654(5)
Pub. L. 97–35, § 2332(d)(4), substituted “collected for an individual” for “collected for a child”
Source evidence
Code amendment note
Par. (5). Pub. L. 97–35, § 2332(d)(4), substituted “support payments” for “child support payments” and “collected for an individual” for “collected for a child”.Enacted provision · exact public law section
(4) in paragraph (5), by striking out “child support payments” and inserting in lieu thereof “support payments” and by striking out “collected for a child” and inserting in lieu thereof “collected for an individual”;Pub. L. 97–35 § 2333(a)(1) · 95 Stat. 357
Substituted · 42 U.S.C. § 654(6)(B)
Pub. L. 97–35, § 2333(a)(1), substituted “services under the State plan (other than collection of support)” for “such services”
Source evidence
Code amendment note
Par. (6)(B). Pub. L. 97–35, § 2333(a)(1), substituted “services under the State plan (other than collection of support)” for “such services”.Enacted provision · exact public law section
(1) by striking out “such services” in clause (B) and inserting in lieu thereof “services under the State plan (other than collection of support)”; andPub. L. 97–35 § 2333(a)(2) · 95 Stat. 357
Substituted · 42 U.S.C. § 654(6)(C)
Pub. L. 97–35, § 2333(a)(2), substituted “the State will retain, but only if it is the State which makes the collection, the fee imposed under State law as required under paragraph (19)” for “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”
Source evidence
Code amendment note
Par. (6)(C). Pub. L. 97–35, § 2333(a)(2), substituted “the State will retain, but only if it is the State which makes the collection, the fee imposed under State law as required under paragraph (19)” for “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”.Enacted provision · exact public law section
(2) by amending clause (C) to read as follows: “(C) the State will retain, but only if it is the State which makes the collection, the fee imposed under State law as required under paragraph (19);”.Pub. L. 97–35 § 2332(d)(5) · 95 Stat. 357
Substituted · 42 U.S.C. § 654(9)(C)
Pub. L. 97–35, § 2332(d)(5), substituted “of the child or children or the parent of such child or children” for “of a child or children”
Source evidence
Code amendment note
Par. (9)(C). Pub. L. 97–35, § 2332(d)(5), substituted “of the child or children or the parent of such child or children” for “of a child or children”.Enacted provision · exact public law section
(5) in paragraph (9)(C), by striking out “of a child or children” and inserting in lieu thereof “of the child or children or the parent of such child or children”;Pub. L. 97–35 § 2332(d)(6) · 95 Stat. 357
Substituted · 42 U.S.C. § 654(11)
Pub. L. 97–35, § 2332(d)(6), substituted “collected as support” for “collected as child support”
Source evidence
Code amendment note
Par. (11). Pub. L. 97–35, § 2332(d)(6), substituted “collected as support” for “collected as child support”.Enacted provision · exact public law section
(6) in paragraph (11), by striking out “child”; andPub. L. 97–35 § 2332(d)(7) · 95 Stat. 357
Substituted · 42 U.S.C. § 654(16)
Pub. L. 97–35, § 2332(d)(7), substituted “support enforcement” for “child support enforcement”
Substituted · 42 U.S.C. § 654(16)
Pub. L. 97–35, § 2332(d)(7), substituted “whom support obligations” for “whom child support obligations”
Substituted · 42 U.S.C. § 654(16)
Pub. L. 97–35, § 2332(d)(7), substituted “obligated to pay support” for “obligated to pay child support”
Source evidence
Code amendment note
Par. (16). Pub. L. 97–35, § 2332(d)(7), substituted “support enforcement” for “child support enforcement”, “whom support obligations” for “whom child support obligations”, and “obligated to pay support” for “obligated to pay child support”.Enacted provision · exact public law section
(7) in paragraph (16), by striking out “child” each place it appears.Pub. L. 97–35 § 2331(b) · 95 Stat. 357
Added · 42 U.S.C. § 654(18)
Pub. L. 97–35, § 2331(b), added par. (18)
Source evidence
Code amendment note
Par. (18). Pub. L. 97–35, § 2331(b), added par. (18).Enacted provision · exact public law section
(b) Section 454 of such Act is amended— (1) by striking out “and” at the end of paragraph (16); (2) by striking out the period at the end of paragraph (17) and inserting in lieu thereof “; and”; and (3) by adding at the end thereof the following new paragraph: “(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 Ante, p. 860. take all steps necessary to implement and utilize such procedures.”Pub. L. 97–35 § 2333(b) · 95 Stat. 357
Added · 42 U.S.C. § 654(19)
Pub. L. 97–35, § 2333(b), added par. (19)
Source evidence
Code amendment note
Par. (19). Pub. L. 97–35, § 2333(b), added par. (19).Enacted provision · exact public law section
(b) Section 454 of such Act (as amended by section 2331(b) of this Act) is further amended— (1) by striking out “and” at the end of paragraph (17); (2) by striking out the period at the end of paragraph (18) and inserting in lieu thereof “; and”; and (3) by adding at the end thereof the following new paragraph: “(19) provide that a fee shall be imposed on the individual who owes a child or spousal support obligation, in accordance with State law, with respect to all such child and spousal support obligations for which collection is made by the State agency under this part on behalf of an individual not otherwise eligible for collection services (as determined for purposes of paragraph (6)) in an amount equal to 10 percent of the amount so owed (and for purposes of this part, no part of the amount collected shall be considered to be a fee collected except amounts which exceed the actual amount of support owed).”.Pub. L. 97–35 § 2335(a) · 95 Stat. 357
Added · 42 U.S.C. § 654(20)
Pub. L. 97–35, § 2335(a), added par. (20)
Source evidence
Code amendment note
Par. (20). Pub. L. 97–35, § 2335(a), added par. (20).Enacted provision · exact public law section
(a) Section 454 of the Social Security Act (as amended by section 2333(b) of this Act) is amended by striking out “and” at the end of paragraph (18), by striking out the period at the end of paragraph (19) and inserting in lieu thereof “; and”, and by adding at the end thereof the following new paragraph: “(20) 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, whether any individuals 29 USC 49b. 42 USC 603a. 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 42 USC 662. require the withholding of amounts from such compensation.”.Pub. L. 97–248 § 173(a) · 96 Stat. 324
Inserted · 42 U.S.C. § 654(5)
Pub. L. 97–248, § 173(a), inserted “following the first month” after “for any month”
Source evidence
Code amendment note
Par. (5). Pub. L. 97–248, § 173(a), inserted “following the first month” after “for any month”.Enacted provision · exact public law section
(a) Section 454(5) of the Social Security Act is amended 42 USC 654. by inserting “following the first month” after “for any month”.Pub. L. 97–248 § 171(a) · 96 Stat. 324
Substituted · 42 U.S.C. § 654(6)
Pub. L. 97–248, § 171(a), in cl. (A) inserted provisions relating to inclusion of, at the option of the State, support collection services for the spouse or former spouse, in cl. (B) substituted “such services” for “services under the State plan (other than collection of support)”, and in cl. (C) substituted provisions relating to collection of any costs in excess of the fee imposed, for provisions relating to the State retaining any fee imposed under State law as required under former par. (19)
Source evidence
Code amendment note
Par. (6). Pub. L. 97–248, § 171(a), in cl. (A) inserted provisions relating to inclusion of, at the option of the State, support collection services for the spouse or former spouse, in cl. (B) substituted “such services” for “services under the State plan (other than collection of support)”, and in cl. (C) substituted provisions relating to collection of any costs in excess of the fee imposed, for provisions relating to the State retaining any fee imposed under State law as required under former par. (19).Enacted provision · exact public law section
(a) Section 454(6) of the Social Security Act is amended— 95 Stat. 862. 42 USC 654. (1) in clause (A), by inserting “including, at the option of the State, 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),” after “with the State,”; (2) in clause (B), by striking out “services under the State plan (other than collection of support)” and inserting in lieu thereof “such services”; and (3) by amending clause (C) to read as follows: “(C) any costs in excess of the fee 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;”.Pub. L. 97–248 § 171(b)(1) · 96 Stat. 324
Inserted · 42 U.S.C. § 654(18)(20)
Pub. L. 97–248, § 171(b)(1), inserted “and” at end of par. (18)
Struck · 42 U.S.C. § 654(18)(20)
Pub. L. 97–248, § 171(b)(1), struck out par. (19) relating to imposition of a fee on an individual who owes child or spousal support obligation
Redesignated · 42 U.S.C. § 654(18)(20)
Pub. L. 97–248, § 171(b)(1), redesignated par. (20) as (19)
Source evidence
Code amendment note
Pars. (18) to (20). Pub. L. 97–248, § 171(b)(1), inserted “and” at end of par. (18), struck out par. (19) relating to imposition of a fee on an individual who owes child or spousal support obligation, and redesignated par. (20) as (19).Enacted provision · exact public law section
(1) Section 454 of such Act is further amended— 95 Stat. 863. (A) by adding “and” after the semicolon at the end of paragraph (18); (B) by striking out paragraph (19); and (C) by redesignating paragraph (20) as paragraph (19).Spending Reduction Act of 1984
Pub. L. 98–369 § 2663(j)(2)(B)(x) · 98 Stat. 494
Substituted · 42 U.S.C. § 654(8)(B)
Pub. L. 98–369, § 2663(j)(2)(B)(x), substituted “Health and Human Services” for “Health, Education, and Welfare”
Source evidence
Code amendment note
Par. (8)(B). Pub. L. 98–369, § 2663(j)(2)(B)(x), substituted “Health and Human Services” for “Health, Education, and Welfare”.Enacted provision · exact public law section
(x) paragraph (8)(B) of section 454; andSpending Reduction Act of 1984
Pub. L. 98–369 § 2663(c)(14)(A) · 98 Stat. 494
Struck · 42 U.S.C. § 654(9)(C)
Pub. L. 98–369, § 2663(c)(14)(A), struck out “of such parent” before “with respect to whom aid”
Source evidence
Code amendment note
Par. (9)(C). Pub. L. 98–369, § 2663(c)(14)(A), struck out “of such parent” before “with respect to whom aid”.Enacted provision · exact public law section
(A) by striking out “of such parent” in paragraph (9)(C);Spending Reduction Act of 1984
Pub. L. 98–369 § 2663(c)(14)(B) · 98 Stat. 494
Substituted · 42 U.S.C. § 654(16)(A)(ii)
Pub. L. 98–369, § 2663(c)(14)(B), substituted “collection, and distribution” for “collection and distribution,” before “of incentive payments”
Source evidence
Code amendment note
Par. (16)(A)(ii). Pub. L. 98–369, § 2663(c)(14)(B), substituted “collection, and distribution” for “collection and distribution,” before “of incentive payments”.Enacted provision · exact public law section
(B) by striking out “collection and distribution,” in clause (A)(ii) of paragraph (16) and inserting in lieu thereof “collection, and distribution’; andChild Support Enforcement Amendments of 1984
Pub. L. 98–378 § 11(b)(1) · 98 Stat. 1305
Inserted · 42 U.S.C. § 654(4)(B)
Pub. L. 98–378, § 11(b)(1), inserted “including an assignment with respect to a child on whose behalf a State agency is making foster care maintenance payments under part E of this subchapter,” after “such assignment is effective,”
Inserted · 42 U.S.C. § 654(4)(B)
Pub. L. 98–378, § 11(b)(1), inserted “or E” after “part A”
Source evidence
Code amendment note
Par. (4)(B). Pub. L. 98–378, § 11(b)(1), inserted “including an assignment with respect to a child on whose behalf a State agency is making foster care maintenance payments under part E of this subchapter,” after “such assignment is effective,” and inserted “or E” after “part A”.Enacted provision · exact public law section
(1) in section 454(4)(B), by inserting “including an assignment with respect to a child on whose behalf a State agency is making 42 USC 670. foster care maintenance payments under part E,” immediately after “such assignment is effective,”, and by inserting “or E” immediately after “part A”; andChild Support Enforcement Amendments of 1984
Pub. L. 98–378 § 12(a) · 98 Stat. 1305
Substituted · 42 U.S.C. § 654(4)(B)
Pub. L. 98–378, § 12(a), substituted “, and” for “and, at the option of the State,” before “from such parent”
Inserted · 42 U.S.C. § 654(4)(B)
Pub. L. 98–378, § 12(a), inserted “, and only if the support obligation established with respect to the child is being enforced under the plan”
Source evidence
Code amendment note
Par. (4)(B). Pub. L. 98–378, § 12(a), substituted “, and” for “and, at the option of the State,” before “from such parent” and inserted “, and only if the support obligation established with respect to the child is being enforced under the plan”.Enacted provision · exact public law section
(a) Section 454(4)(B) of the Social Security Act is 42 USC 654. amended— (1) by striking out “and, at the option of the State,” and inserting in lieu thereof “, and ”; and (2) by inserting “, and only if the support obligation established with respect to the child is being enforced under the plan” immediately after “but only if a support obligation has been established with respect to such spouse”.Child Support Enforcement Amendments of 1984
Pub. L. 98–378 § 3(e) · 98 Stat. 1305
Inserted · 42 U.S.C. § 654(5)
Pub. L. 98–378, § 3(e), inserted “, and the individual will be notified at least annually of the amount of the support payments collected;”
Source evidence
Code amendment note
Par. (5). Pub. L. 98–378, § 3(e), inserted “, and the individual will be notified at least annually of the amount of the support payments collected;”.Enacted provision · exact public law section
(e) Section 454(5) of such Act is amended by inserting after 42 USC 654. “directly to the family” the following: “, and the individual will be notified at least annually of the amount of the support payments collected;”.Child Support Enforcement Amendments of 1984
Pub. L. 98–378 § 12(b) · 98 Stat. 1305
Struck and inserted · 42 U.S.C. § 654(6)(A)
Pub. L. 98–378, § 12(b), struck out “, at the option of the State,” before “support collection services” and inserted “, and only if the support obligation established with respect to the child is being enforced under the plan”
Source evidence
Code amendment note
Par. (6)(A). Pub. L. 98–378, § 12(b), struck out “, at the option of the State,” before “support collection services” and inserted “, and only if the support obligation established with respect to the child is being enforced under the plan”.Enacted provision · exact public law section
(b) Clause (A) of section 454(6) of such Act is amended— (1) by striking out “, at the option of the State,”; and (2) by inserting “, and only if the support obligation established with respect to the child is being enforced under the plan” immediately after “but only if a support obligation has been established with respect to such spouse”.Child Support Enforcement Amendments of 1984
Pub. L. 98–378 § 3(c) · 98 Stat. 1305
Substituted · 42 U.S.C. § 654(6)(B)
Pub. L. 98–378, § 3(c), substituted “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), and” for “may be imposed, except that the amount of any such application fee shall be reasonable, as determined under regulations of the Secretary,”
Source evidence
Code amendment note
Par. (6)(B). Pub. L. 98–378, § 3(c), substituted “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), and” for “may be imposed, except that the amount of any such application fee shall be reasonable, as determined under regulations of the Secretary,”.Enacted provision · exact public law section
(c) Section 454(6)(B) of such Act is amended to read as follows: “(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), and”.Child Support Enforcement Amendments of 1984
Pub. L. 98–378 § 21(d)(1) · 98 Stat. 1305
Redesignated · 42 U.S.C. § 654(6)(C)
Pub. L. 98–378, § 21(d)(1), (3), added cl. (C). Former cl. (C) redesignated (D)
Source evidence
Code amendment note
Par. (6)(C). Pub. L. 98–378, § 21(d)(1), (3), added cl. (C). Former cl. (C) redesignated (D).Enacted provision · exact public law section
(1) by redesignating clause (C) as clause (D);Child Support Enforcement Amendments of 1984
Pub. L. 98–378 § 21(d)(1) · 98 Stat. 1305
Redesignated · 42 U.S.C. § 654(6)(D)
Pub. L. 98–378, § 21(d)(1), (2), redesignated former cl. (C) as (D)
Substituted · 42 U.S.C. § 654(6)(D)
Pub. L. 98–378, § 21(d)(1), (2), substituted “fees” for “fee” before “so imposed”
Source evidence
Code amendment note
Par. (6)(D). Pub. L. 98–378, § 21(d)(1), (2), redesignated former cl. (C) as (D) and substituted “fees” for “fee” before “so imposed”.Enacted provision · exact public law section
(1) by redesignating clause (C) as clause (D);Child Support Enforcement Amendments of 1984
Pub. L. 98–378 § 6(a) · 98 Stat. 1305
Added · 42 U.S.C. § 654(16)(D); 42 U.S.C. § 654(16)(E)
Pub. L. 98–378, § 6(a), added cl. (D)
Redesignated · 42 U.S.C. § 654(16)(D); 42 U.S.C. § 654(16)(E)
Pub. L. 98–378, § 6(a), redesignated former cl. (D) as (E)
Source evidence
Code amendment note
Par. (16)(D), (E). Pub. L. 98–378, § 6(a), added cl. (D) and redesignated former cl. (D) as (E).Enacted provision · exact public law section
(a) Section 454(16) of the Social Security Act is amended by striking out “and (D)” and inserting in lieu thereof the following: “(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)”.Child Support Enforcement Amendments of 1984
Pub. L. 98–378 § 2663(c)(14)(C) · 98 Stat. 1305
Substituted · 42 U.S.C. § 654(17)
Pub. L. 98–378, § 2663(c)(14)(C), realigned margin, substituted “provide that the State will accept” for “to accept”
Substituted · 42 U.S.C. § 654(17)
Pub. L. 98–378, § 2663(c)(14)(C), realigned margin, substituted “will impose” for “and to impose”
Substituted · 42 U.S.C. § 654(17)
Pub. L. 98–378, § 2663(c)(14)(C), realigned margin, substituted “will transmit” for “to transmit”
Substituted · 42 U.S.C. § 654(17)
Pub. L. 98–378, § 2663(c)(14)(C), realigned margin, substituted “will otherwise comply” for “, otherwise to comply”
Source evidence
Code amendment note
Par. (17). Pub. L. 98–378, § 2663(c)(14)(C), realigned margin, substituted “provide that the State will accept” for “to accept”, “will impose” for “and to impose”, “will transmit” for “to transmit”, and “will otherwise comply” for “, otherwise to comply”.Child Support Enforcement Amendments of 1984
Pub. L. 98–378 § 3(a) · 98 Stat. 1305
Added · 42 U.S.C. § 654(20)
Pub. L. 98–378, § 3(a), added par. (20)
Source evidence
Code amendment note
Par. (20). Pub. L. 98–378, § 3(a), added par. (20).Enacted provision · exact public law section
(a) Section 454 of the Social Security Act is amended— (1) by striking out “and” at the end of paragraph (18); (2) by striking out the period at the end of paragraph (19) and inserting in lieu thereof “; and”; and (3) by adding after paragraph (19) the following new paragraph: “(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.”.Child Support Enforcement Amendments of 1984
Pub. L. 98–378 § 3(d) · 98 Stat. 1305
Added · 42 U.S.C. § 654(21)
Pub. L. 98–378, § 3(d), added par. (21)
Source evidence
Code amendment note
Par. (21). Pub. L. 98–378, § 3(d), added par. (21).Enacted provision · exact public law section
(d) Section 454 of such Act {as amended by subsection (a) of this section) is further amended— Ante p. 1306. (1) by striking out “and” at the end of paragraph (19); (2) by striking out the period at the end of paragraph (20) and inserting in lieu thereof “; and”; and (3) by adding after paragraph (20) the following new paragraph: “(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 Ante p. 1306. 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.”.Child Support Enforcement Amendments of 1984
Pub. L. 98–378 § 5(b) · 98 Stat. 1305
Added · 42 U.S.C. § 654(22)
Pub. L. 98–378, § 5(b), added par. (22)
Source evidence
Code amendment note
Par. (22). Pub. L. 98–378, § 5(b), added par. (22).Enacted provision · exact public law section
(b) Section 454 of such Act (as amended by subsections (a), (d), and Ante, p. 1306. (f) of section 3 of this Act) is amended— (1) by striking out “and” at the end of paragraph (20); (2) by striking out the period at the end of paragraph (21) and inserting in lieu thereof “, and”; and (3) by inserting immediately after paragraph (21) the following new paragraph: “(22) m 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.”.Child Support Enforcement Amendments of 1984
Pub. L. 98–378 § 14(a) · 98 Stat. 1305
Added · 42 U.S.C. § 654(23)
Pub. L. 98–378, § 14(a), added par. (23)
Source evidence
Code amendment note
Par. (23). Pub. L. 98–378, § 14(a), added par. (23).Enacted provision · exact public law section
(a) Section 454 of the Social Security Act (as amended by the preceding provisions of this Act) is further amended— (1) by striking out “and” at the end of paragraph (21); (2) by striking out the period at the end of paragraph (22) and inserting in lieu thereof “; and”; and (3) by inserting immediately after paragraph (22) the following new paragraph: “(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.”.Child Support Enforcement Amendments of 1984
Pub. L. 98–378 § 3(f) · 98 Stat. 1305
Inserted · 42 U.S.C. § 654(23)
Pub. L. 98–378, § 3(f), inserted after numbered paragraphs provision that the State may allow the jurisdiction which makes the collection involved to retain any application fee under par. (6)(B) or any late payment fee under par. (21)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 98–378, § 3(f), inserted after numbered paragraphs provision that the State may allow the jurisdiction which makes the collection involved to retain any application fee under par. (6)(B) or any late payment fee under par. (21).Enacted provision · exact public law section
(f) Section 454 of such Act is further amended by adding at the end thereof (after and below paragraph (21) (as added by subsection (d) of this section)) the following new sentence: Supra. “The State may allow the jurisdiction which makes the collection involved to retain any application fee under paragraph (6)(B) or any Ante, p. 1310. late payment fee under paragraph (21).”.Pub. L. 100–203 § 9142(a)(1)(A) · 101 Stat. 1330
Substituted · 42 U.S.C. § 654(4)(A)
Pub. L. 100–203, § 9142(a)(1)(A), (B), substituted “an assignment under section 602(a)(26) of this title or section 1396k of this title” for “an assignment under section 602(a)(26) of this title”
Substituted · 42 U.S.C. § 654(4)(A)
Pub. L. 100–203, § 9142(a)(1)(A), (B), substituted “, or, in the case of such a child with respect to whom an assignment under section 1396k of this title is in effect, the State agency administering the plan approved under subchapter XIX of this chapter determines pursuant to section 1396k(a)(1)(B) of this title that it is against the best interests of the child to do so, and” for “, and”
Source evidence
Code amendment note
Par. (4)(A). Pub. L. 100–203, § 9142(a)(1)(A), (B), substituted “an assignment under section 602(a)(26) of this title or section 1396k of this title” for “an assignment under section 602(a)(26) of this title” and “, or, in the case of such a child with respect to whom an assignment under section 1396k of this title is in effect, the State agency administering the plan approved under subchapter XIX of this chapter determines pursuant to section 1396k(a)(1)(B) of this title that it is against the best interests of the child to do so, and” for “, and”.Enacted provision · exact public law section
(A) by striking “an assignment under section 402(a)(26) of this title” in paragraph (4)(A) and inserting “an assignment under section 402(a)(26) or section 1912”;Pub. L. 100–203 § 9142(a)(1)(C) · 101 Stat. 1330
Inserted · 42 U.S.C. § 654(4)(B)
Pub. L. 100–203, § 9142(a)(1)(C), inserted “or medical assistance under a State plan approved under subchapter XIX of this chapter” after “children”
Source evidence
Code amendment note
Par. (4)(B). Pub. L. 100–203, § 9142(a)(1)(C), inserted “or medical assistance under a State plan approved under subchapter XIX of this chapter” after “children”.Enacted provision · exact public law section
(C) by inserting “or medical assistance under a State plan approved under title XIX” immediately after “aid to families with dependent children” in paragraph (4)(B); andPub. L. 100–203 § 9142(a)(2) · 101 Stat. 1330
Substituted · 42 U.S.C. § 654(5)
Pub. L. 100–203, § 9142(a)(2), substituted “provide that (A)” for “provide that,”
Added · 42 U.S.C. § 654(5)
Pub. L. 100–203, § 9142(a)(2), added cl. (B)
Source evidence
Code amendment note
Par. (5). Pub. L. 100–203, § 9142(a)(2), substituted “provide that (A)” for “provide that,” and added cl. (B).Enacted provision · exact public law section
(2) (A) by striking “provide that,” and inserting “provide that (A)” in paragraph (5); and (B) by striking the semicolon at the end of paragraph (5) and inserting “; 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;”.Pub. L. 100–203 § 9141(a)(2) · 101 Stat. 1330
Struck · 42 U.S.C. § 654(5)
Pub. L. 100–203, § 9141(a)(2), struck out “(except as provided in section 657(c) of this title)” after “apply to such payments”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 100–203, § 9141(a)(2), struck out “(except as provided in section 657(c) of this title)” after “apply to such payments”.Enacted provision · exact public law section
(2) Section 454(5) of such Act is amended by striking “(except as 42 USC 654. provided in section 457(c))”.Family Support Act of 1988
Pub. L. 100–485 § 104(a) · 102 Stat. 2343
Substituted · 42 U.S.C. § 654(5)(A)
Pub. L. 100–485, § 104(a), 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)” for “at least annually”
Source evidence
Code amendment note
Par. (5)(A). Pub. L. 100–485, § 104(a), 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)” for “at least annually”.Enacted provision · exact public law section
(a) In General.— Section 454(5)(A) of the Social Security Act is amended by striking “at least annually” and inserting in lieu thereof “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)”.Family Support Act of 1988
Pub. L. 100–485 § 111(c) · 102 Stat. 2343
Added · 42 U.S.C. § 654(6)(D); 42 U.S.C. § 654(6)(E)
Pub. L. 100–485, § 111(c), added cl. (D)
Redesignated · 42 U.S.C. § 654(6)(D); 42 U.S.C. § 654(6)(E)
Pub. L. 100–485, § 111(c), redesignated former cl. (D) as (E)
Source evidence
Code amendment note
Par. (6)(D), (E). Pub. L. 100–485, § 111(c), added cl. (D) and redesignated former cl. (D) as (E).Enacted provision · exact public law section
(c) States May Charge Individuals Not Receiving AFDC For Costs of Genetic Tests To Establish Paternity.— Section 454(6) of such Act is amended— 42 USC 654. (1) by redesignating clause (D) as clause (E); and (2) by inserting “(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,” after “section 464(a)(2),”.Family Support Act of 1988
Pub. L. 100–485 § 123(d) · 102 Stat. 2343
Substituted · 42 U.S.C. § 654(16)
Pub. L. 100–485, § 123(d), substituted “advance automated” for “advance automatic” in introductory provisions
Source evidence
Code amendment note
Par. (16). Pub. L. 100–485, § 123(d), substituted “advance automated” for “advance automatic” in introductory provisions.Enacted provision · exact public law section
(d) Conforming Amendments.— Sections 402(e), 452(d)(1), and 454(16) of such Act are each 42 USC 602, 652, 654. amended by striking “automatic” each place it appears and inserting in lieu thereof “automated”.Family Support Act of 1988
Pub. L. 100–485 § 123(a)(2) · 102 Stat. 2343
Substituted · 42 U.S.C. § 654(16)
Pub. L. 100–485, § 123(a)(2), substituted “a statewide automated” for “an automatic”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 100–485, § 123(a)(2), substituted “a statewide automated” for “an automatic”.Enacted provision · exact public law section
(2) Section 454(16) of such Act is amended by striking “an automatic” and inserting in lieu thereof “a statewide automated”.Family Support Act of 1988
Pub. L. 100–485 § 123(a)(1) · 102 Stat. 2343
Added · 42 U.S.C. § 654(24)
Pub. L. 100–485, § 123(a)(1), added par. (24)
Source evidence
Code amendment note
Par. (24). Pub. L. 100–485, § 123(a)(1), added par. (24).Enacted provision · exact public law section
(1) Section 454 of the Social Security Act is amended— (A) by striking “and” after the semicolon at the end of paragraph (22); (B) by striking the period at the end of paragraph (23) and inserting in lieu thereof and”; and (C) by inserting after paragraph (23) the following new paragraph: “(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.”.Pub. L. 104–35 § 1(a) · 109 Stat. 294
Substituted · 42 U.S.C. § 654(24)(B)
Pub. L. 104–35 substituted “1997” for “1995”
Source evidence
Code amendment note
Par. (24)(B). Pub. L. 104–35 substituted “1997” for “1995”.Enacted provision · exact public law section
(a) In General.— Section 454(24) of the Social Security Act (42 U.S.C. 654(24)) is amended by striking “1995” and inserting “1997”.Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 375(a)(4) · 110 Stat. 2105
Inserted · 42 U.S.C. § 654
Pub. L. 104–193, § 375(a)(4), inserted at end of closing provisions “Nothing in paragraph (33) shall void any provision of any cooperative agreement entered into before August 22, 1996, nor shall such paragraph deprive any State of jurisdiction over Indian country (as so defined) that is lawfully exercised under section 1322 of title 25.”
Source evidence
Code amendment note
Pub. L. 104–193, § 375(a)(4), inserted at end of closing provisions “Nothing in paragraph (33) shall void any provision of any cooperative agreement entered into before August 22, 1996, nor shall such paragraph deprive any State of jurisdiction over Indian country (as so defined) that is lawfully exercised under section 1322 of title 25.”Enacted provision · exact public law section
(4) by adding at the end the following new sentence: “Nothing in paragraph (33) shall void any provision of any cooperative agreement entered into before the date of the enactment of such paragraph, nor shall such paragraph deprive any State of jurisdiction over Indian country (as so defined) that is lawfully exercised under section 402 of the Act entitled ‘An Act to prescribe penalties for certain acts of violence or intimidation, and for other purposes’, approved April 11, 1968 (25 U.S.C. 1322).”.Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 301(a)(1) · 110 Stat. 2105
Amended · 42 U.S.C. § 654(4)
Pub. L. 104–193, § 301(a)(1), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “provide that such State will undertake—
Source evidence
Code amendment note
Par. (4). Pub. L. 104–193, § 301(a)(1), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “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 602(a)(26) of this title or section 1396k of this title is effective, to establish the paternity of such child, unless the agency administering the plan of the State under part A of this subchapter determines in accordance with the standards prescribed by the Secretary pursuant to section 602(a)(26)(B) of this title 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 1396k of this title is in effect, the State agency administering the plan approved under subchapter XIX of this chapter determines pursuant to section 1396k(a)(1)(B) of this title that it is against the best interests of the child to do so, and “(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 of this subchapter, 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 subchapter XIX of this chapter (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 subchapter determines in accordance with the standards prescribed by the Secretary pursuant to section 602(a)(26)(B) of this title 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;”.
Enacted provision · exact public law section
(1) by striking paragraph (4) and inserting the following new paragraph: “(4) provide that the State will— “(A) provide services relating to the establishment of paternity or the establishment, modification, or enforcement of child support obligations, as appropriate, under the plan with respect to— “(i) each child for whom (I) assistance is provided under the State program funded under part A of this title, (II) benefits or services for foster care maintenance are provided under the State program funded under part E of this title, or (III) medical assistance is provided under the State plan approved under title XIX, unless, in accordance with paragraph (29), good cause or other exceptions exist; “(ii) any other child, if an individual applies for such services with respect to the child; and “(B) enforce any support obligation established with respect to— “(i) a child with respect to whom the State provides services under the plan; or “(ii) the custodial parent of such a child;”; andPersonal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 108(c)(11) · 110 Stat. 2105
Substituted · 42 U.S.C. § 654(5)(A)
Pub. L. 104–193, § 108(c)(11), substituted “pursuant to section 608(a)(3) of this title” for “under section 602(a)(26) of this title”
Substituted · 42 U.S.C. § 654(5)(A)
Pub. L. 104–193, § 108(c)(11), substituted “payments collected,” for “payments collected; except that this paragraph shall not apply to such payments 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 of this subchapter;”
Source evidence
Code amendment note
Par. (5)(A). Pub. L. 104–193, § 108(c)(11), substituted “pursuant to section 608(a)(3) of this title” for “under section 602(a)(26) of this title” and “payments collected,” for “payments collected; except that this paragraph shall not apply to such payments 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 of this subchapter;”.Enacted provision · exact public law section
(11) Section 454(5)(A) (42 U.S.C. 654(5)(A)) is amended— (A) by striking “under section 402(a)(26)” and inserting “pursuant to section 408(a)(3)”; and (B) by striking “; except that this paragraph shall not apply to such payments 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 inserting a comma. (12) Section 454(6)(D) (42 U.S.C. 654(6)(D)) is amended by striking “aid under a State plan approved” and inserting “assistance under a State program funded”Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 301(a)(2)(A) · 110 Stat. 2105
Substituted · 42 U.S.C. § 654(6)
Pub. L. 104–193, § 301(a)(2)(A), substituted “provide that—” for “provide that” in introductory provisions
Source evidence
Code amendment note
Par. (6). Pub. L. 104–193, § 301(a)(2)(A), substituted “provide that—” for “provide that” in introductory provisions.Enacted provision · exact public law section
(A) by striking “provide that” and inserting “provide that—”;Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 301(a)(2)(B) · 110 Stat. 2105
Added · 42 U.S.C. § 654(6)(A)
Pub. L. 104–193, § 301(a)(2)(B), added subpar. (A)
Struck · 42 U.S.C. § 654(6)(A)
Pub. L. 104–193, § 301(a)(2)(B), struck out former subpar. (A) which read as follows: “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),”
Source evidence
Code amendment note
Par. (6)(A). Pub. L. 104–193, § 301(a)(2)(B), added subpar. (A) and struck out former subpar. (A) which read as follows: “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),”.Enacted provision · exact public law section
(B) by striking subparagraph (A) and inserting the following new subparagraph: “(A) services under the plan shall be made available to residents of other States on the same terms as to residents of the State submitting the plan;”;Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 301(a)(2)(C) · 110 Stat. 2105
Inserted · 42 U.S.C. § 654(6)(B)
Pub. L. 104–193, § 301(a)(2)(C), (D), inserted “on individuals not receiving assistance under any State program funded under part A” after “such services shall be imposed”, realigned margins
Substituted · 42 U.S.C. § 654(6)(B)
Pub. L. 104–193, § 301(a)(2)(C), (D), substituted semicolon for comma at end
Source evidence
Code amendment note
Par. (6)(B). Pub. L. 104–193, § 301(a)(2)(C), (D), inserted “on individuals not receiving assistance under any State program funded under part A” after “such services shall be imposed”, realigned margins, and substituted semicolon for comma at end.Enacted provision · exact public law section
(C) in subparagraph (B), by inserting “on individuals not receiving assistance under any State program funded under part A” after “such services shall be imposed”;Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 301(a)(2)(D) · 110 Stat. 2105
Substituted · 42 U.S.C. § 654(6)(C)
Pub. L. 104–193, § 301(a)(2)(D), realigned margins and substituted semicolon for comma at end
Source evidence
Code amendment note
Par. (6)(C). Pub. L. 104–193, § 301(a)(2)(D), realigned margins and substituted semicolon for comma at end.Enacted provision · exact public law section
(D) in each of subparagraphs (B), (C), (D), and (E)— (i) by indenting the subparagraph in the same manner as, and aligning the left margin of the subparagraph with the left margin of, the matter inserted by subparagraph (B) of this paragraph; and (ii) by striking the final comma and inserting a semicolon; andPersonal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 301(a)(2)(D) · 110 Stat. 2105
Substituted · 42 U.S.C. § 654(6)(D)
Pub. L. 104–193, § 301(a)(2)(D), realigned margins and substituted semicolon for comma before “and” at end
Source evidence
Code amendment note
Par. (6)(D). Pub. L. 104–193, § 301(a)(2)(D), realigned margins and substituted semicolon for comma before “and” at end.Enacted provision · exact public law section
(D) in each of subparagraphs (B), (C), (D), and (E)— (i) by indenting the subparagraph in the same manner as, and aligning the left margin of the subparagraph with the left margin of, the matter inserted by subparagraph (B) of this paragraph; and (ii) by striking the final comma and inserting a semicolon; andPersonal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 108(c)(12) · 110 Stat. 2105
Substituted · 42 U.S.C. § 654(6)(D)
Pub. L. 104–193, § 108(c)(12), substituted “assistance under a State program funded” for “aid under a State plan approved”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 104–193, § 108(c)(12), substituted “assistance under a State program funded” for “aid under a State plan approved”.Enacted provision · exact public law section
(12) Section 456(a)(1) (42 U.S.C. 656(a)(1)) is amended by striking “under section 402(a)(26)”.Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 301(a)(2)(D)(i) · 110 Stat. 2105
Changed · 42 U.S.C. § 654(6)(E)
Pub. L. 104–193, § 301(a)(2)(D)(i), (E), realigned margins
Source evidence
Code amendment note
Par. (6)(E). Pub. L. 104–193, § 301(a)(2)(D)(i), (E), realigned margins.Enacted provision · exact public law section
(i) by indenting the subparagraph in the same manner as, and aligning the left margin of the subparagraph with the left margin of, the matter inserted by subparagraph (B) of this paragraph; andPersonal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 301(a)(2)(D)(ii) · 110 Stat. 2105
Substituted · 42 U.S.C. § 654(6)(E)
Pub. L. 104–193, § 301(a)(2)(D)(ii), which directed substitution of a semicolon for the final comma, could not be executed because subpar. (E) already ended in a semicolon and not a comma
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 104–193, § 301(a)(2)(D)(ii), which directed substitution of a semicolon for the final comma, could not be executed because subpar. (E) already ended in a semicolon and not a comma.Enacted provision · exact public law section
(ii) by striking the final comma and inserting a semicolon; andPersonal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 375(c) · 110 Stat. 2105
Inserted · 42 U.S.C. § 654(7)
Pub. L. 104–193, § 375(c), inserted “and Indian tribes or tribal organizations (as defined in subsections (e) and (l) of section 5304 of title 25)” after “law enforcement officials”
Source evidence
Code amendment note
Par. (7). Pub. L. 104–193, § 375(c), inserted “and Indian tribes or tribal organizations (as defined in subsections (e) and (l) of section 5304 of title 25)” after “law enforcement officials”.Enacted provision · exact public law section
(c) Cooperative Enforcement Agreements.— Paragraph (7) of section 454 (42 U.S.C. 654) is amended by inserting “and Indian tribes or tribal organizations (as defined in subsections (e) and (l) of section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b))” after “law enforcement officials”. Native Americans.Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 395(d)(1)(D) · 110 Stat. 2105
Substituted · 42 U.S.C. § 654(8)
Pub. L. 104–193, § 395(d)(1)(D), substituted “noncustodial” for “absent” in introductory provisions
Source evidence
Code amendment note
Par. (8). Pub. L. 104–193, § 395(d)(1)(D), substituted “noncustodial” for “absent” in introductory provisions.Enacted provision · exact public law section
(D) Paragraphs (8), (13), and (21)(A) of section 454 (42 U.S.C. 654).Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 316(g)(1)(A) · 110 Stat. 2105
Amended · 42 U.S.C. § 654(8)(B)
Pub. L. 104–193, § 316(g)(1)(A), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “the Parent Locator Service in the Department of Health and Human Services;”
Source evidence
Code amendment note
Par. (8)(B). Pub. L. 104–193, § 316(g)(1)(A), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “the Parent Locator Service in the Department of Health and Human Services;”.Enacted provision · exact public law section
(A) Section 454(8)(B) (42 U.S.C. 654(8)(B)) is amended to read as follows: “(B) the Federal Parent Locator Service established under section 453;”.Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 395(d)(2)(B) · 110 Stat. 2105
Substituted · 42 U.S.C. § 654(9)(B); 42 U.S.C. § 654(9)(C)
Pub. L. 104–193, § 395(d)(2)(B), substituted “a noncustodial parent” for “an absent parent”
Source evidence
Code amendment note
Par. (9)(B), (C). Pub. L. 104–193, § 395(d)(2)(B), substituted “a noncustodial parent” for “an absent parent”.Enacted provision · exact public law section
(B) Subparagraphs (B) and (C) of section 454(9) (42 U.S.C. 654(9)).Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 324(b) · 110 Stat. 2105
Added · 42 U.S.C. § 654(9)(E)
Pub. L. 104–193, § 324(b), added subpar. (E)
Source evidence
Code amendment note
Par. (9)(E). Pub. L. 104–193, § 324(b), added subpar. (E).Enacted provision · exact public law section
(b) Use by States.— Section 454(9) (42 U.S.C. 654(9)) is amended— (1) by striking “and” at the end of subparagraph (C); (2) by inserting “and” at the end of subparagraph (D); and (3) by adding at the end the following new subparagraph: “(E) not later than March 1, 1997, in using the forms promulgated pursuant to section 452(a)(11) for income withholding, imposition of hens, and issuance of administrative subpoenas in interstate child support cases;”.Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 302(b)(2) · 110 Stat. 2105
Amended · 42 U.S.C. § 654(11)
Pub. L. 104–193, § 302(b)(2), designated existing provisions as subpar. (A)
Inserted · 42 U.S.C. § 654(11)
Pub. L. 104–193, § 302(b)(2), inserted “and” after semicolon at end
Redesignated · 42 U.S.C. § 654(11)
Pub. L. 104–193, § 302(b)(2), redesignated par. (12) as subpar. (B)
Source evidence
Code amendment note
Par. (11). Pub. L. 104–193, § 302(b)(2), designated existing provisions as subpar. (A), inserted “and” after semicolon at end, and redesignated par. (12) as subpar. (B).Enacted provision · exact public law section
(2) Section 454 (42 U.S.C. 654) is amended— (A) in paragraph (11)— (i) by striking “(11)” and inserting “(11)(A)”; and (ii) by inserting after the semicolon “and”; and (B) by redesignating paragraph (12) as subparagraph (B) of paragraph (11).Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 304(a) · 110 Stat. 2105
Redesignated · 42 U.S.C. § 654(12)
Pub. L. 104–193, § 304(a), added par. (12). Former par. (12) redesignated (11)(B)
Source evidence
Code amendment note
Par. (12). Pub. L. 104–193, § 304(a), added par. (12). Former par. (12) redesignated (11)(B).Enacted provision · exact public law section
(a) In General.— Section 454 (42 U.S.C. 654), as amended by section 302(b)(2) of this Act, is amended by inserting after paragraph (11) the following new paragraph: “(12) provide for the establishment of procedures to require the State to provide individuals who are applying for or receiving services under the State plan, or who are parties to cases in which services are being provided under the State plan— “(A) with notice of all proceedings in which support obligations might be established or modified; and “(B) with a copy of any order establishing or modifying a child support obligation, or (in the case of a petition for modification) a notice of determination that there should be no change in the amount of the child support award, within 14 days after issuance of such order or determination;”.Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 302(b)(2)(B) · 110 Stat. 2105
Redesignated · 42 U.S.C. § 654(12)
Pub. L. 104–193, § 302(b)(2)(B), redesignated par. (12) as (11)(B)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 104–193, § 302(b)(2)(B), redesignated par. (12) as (11)(B).Enacted provision · exact public law section
(B) by redesignating paragraph (12) as subparagraph (B) of paragraph (11).Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 title I § 108(c)(11) · 110 Stat. 2105
Substituted · 42 U.S.C. § 654(13)
Pub. L. 104–193, §§ 316(g)(1)(B), 395(d)(1)(D), substituted “noncustodial parents” for “absent parents”
Inserted · 42 U.S.C. § 654(13)
Pub. L. 104–193, §§ 316(g)(1)(B), 395(d)(1)(D), inserted before semicolon at end “and provide that information requests by parents who are residents of other States be treated with the same priority as requests by parents who are residents of the State submitting the plan”
Source evidence
Code amendment note
Par. (13). Pub. L. 104–193, §§ 316(g)(1)(B), 395(d)(1)(D), substituted “noncustodial parents” for “absent parents” and inserted before semicolon at end “and provide that information requests by parents who are residents of other States be treated with the same priority as requests by parents who are residents of the State submitting the plan”.Enacted provision · exact public law section
(11) Section 454(5)(A) (42 U.S.C. 654(5)(A)) is amended— (A) by striking “under section 402(a)(26)” and inserting “pursuant to section 408(a)(3)”; and (B) by striking “; except that this paragraph shall not apply to such payments 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 inserting a comma. (12) Section 454(6)(D) (42 U.S.C. 654(6)(D)) is amended by striking “aid under a State plan approved” and inserting “assistance under a State program funded”Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 342(a)(1) · 110 Stat. 2105
Amended · 42 U.S.C. § 654(14)
Pub. L. 104–193, § 342(a)(1), (2), designated existing provisions as subpar. (A)
Redesignated · 42 U.S.C. § 654(14)
Pub. L. 104–193, § 342(a)(1), (2), redesignated par. (15) as subpar. (B)
Source evidence
Code amendment note
Par. (14). Pub. L. 104–193, § 342(a)(1), (2), designated existing provisions as subpar. (A) and redesignated par. (15) as subpar. (B).Enacted provision · exact public law section
(1) in paragraph (14), by striking “(14)” and inserting “(14)(A)”;Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 342(a)(3) · 110 Stat. 2105
Redesignated · 42 U.S.C. § 654(15)
Pub. L. 104–193, § 342(a)(3), added par. (15). Former par. (15) redesignated (14)(B)
Source evidence
Code amendment note
Par. (15). Pub. L. 104–193, § 342(a)(3), added par. (15). Former par. (15) redesignated (14)(B).Enacted provision · exact public law section
(3) by inserting after paragraph (14) the following new paragraph: “(15) provide for— “(A) a process for annual reviews of and reports to the Secretary on the State program operated under the State plan approved under this part, including such information as may be necessary to measure State compliance with Federal requirements for expedited procedures, using such standards and procedures as are required by the Secretary, under which the State agency will determine the extent to which the program is operated in compliance with this part; and “(B) a process of extracting from the automated data processing system required by paragraph (16) and transmitting to the Secretary data and calculations concerning the levels of accomplishment (and rates of improvement) with respect to applicable performance indicators (including paternity establishment percentages) to the extent necessary for purposes of sections 452(g) and 458;”.Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 342(a)(2) · 110 Stat. 2105
Redesignated · 42 U.S.C. § 654(15)
Pub. L. 104–193, § 342(a)(2), redesignated par. (15) as (14)(B)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 104–193, § 342(a)(2), redesignated par. (15) as (14)(B).Enacted provision · exact public law section
(2) by redesignating paragraph (15) as subparagraph (B) of paragraph (14); andPersonal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 344(a)(1) · 110 Stat. 2105
Amended · 42 U.S.C. § 654(16)
Pub. L. 104–193, § 344(a)(1), as amended by Pub. L. 105–33, § 5556(b)
Struck · 42 U.S.C. § 654(16)
Pub. L. 104–193, § 344(a)(1), as struck out “, at the option of the State,” before “for the establishment”
Inserted · 42 U.S.C. § 654(16)
Pub. L. 104–193, § 344(a)(1), as inserted “and operation by the State agency” after “for the establishment” and “meeting the requirements of section 654a of this title” after “information retrieval system”
Substituted · 42 U.S.C. § 654(16)
Pub. L. 104–193, § 344(a)(1), as substituted “so as to control” for “in the State and localities thereof, so as (A) to control”
Struck · 42 U.S.C. § 654(16)
Pub. L. 104–193, § 344(a)(1), as struck out “(i)” before “all the factors in the support enforcement collection”
Struck · 42 U.S.C. § 654(16)
Pub. L. 104–193, § 344(a)(1), as struck out before semicolon at end “(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 666(a) of this title 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”
Source evidence
Code amendment note
Par. (16). Pub. L. 104–193, § 344(a)(1), as amended by Pub. L. 105–33, § 5556(b), struck out “, at the option of the State,” before “for the establishment”, inserted “and operation by the State agency” after “for the establishment” and “meeting the requirements of section 654a of this title” after “information retrieval system”, substituted “so as to control” for “in the State and localities thereof, so as (A) to control”, struck out “(i)” before “all the factors in the support enforcement collection”, and struck out before semicolon at end “(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 666(a) of this title 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”.Enacted provision · exact public law section
(1) In general.— Section 454(16) (42 U.S.C. 654(16)) is amended— (A) by striking “, at the option of the State,”; (B) by inserting “and operation by the State agency” after “for the establishment”; (C) by inserting “meeting the requirements of section 454A” after “information retrieval system”; (D) by striking “in the State and localities thereof, so as (A)” and inserting “so as”; (E) by striking “(i)”; and (F) by striking “(including” and all that follows and inserting a semicolon.Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 395(d)(1)(D) · 110 Stat. 2105
Substituted · 42 U.S.C. § 654(21)(A)
Pub. L. 104–193, § 395(d)(1)(D), substituted “noncustodial parent” for “absent parent”
Source evidence
Code amendment note
Par. (21)(A). Pub. L. 104–193, § 395(d)(1)(D), substituted “noncustodial parent” for “absent parent”.Enacted provision · exact public law section
(D) Paragraphs (8), (13), and (21)(A) of section 454 (42 U.S.C. 654).Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 332 · 110 Stat. 2105
Inserted · 42 U.S.C. § 654(23)
Pub. L. 104–193, § 332, inserted “and will publicize the availability and encourage the use of procedures for voluntary establishment of paternity and child support by means the State deems appropriate” before semicolon
Source evidence
Code amendment note
Par. (23). Pub. L. 104–193, § 332, inserted “and will publicize the availability and encourage the use of procedures for voluntary establishment of paternity and child support by means the State deems appropriate” before semicolon.Enacted provision · exact public law section
SEC. 332. OUTREACH FOR VOLUNTARY PATERNITY ESTABLISHMENT. Section 454(23) (42 U.S.C. 654(23)) is amended by inserting “and will publicize the availability and encourage the use of procedures for voluntary establishment of paternity and child support by means the State deems appropriate” before the semicolon.Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 344(a)(4) · 110 Stat. 2105
Amended · 42 U.S.C. § 654(24)
Pub. L. 104–193, § 344(a)(4), amended par. (24) generally. Prior to amendment, par. (24) read as follows: “provide that if the State, as of October 13, 1988, does not have in effect an automated data processing and information retrieval system meeting all of the requirements of paragraph (16), the State—
Source evidence
Code amendment note
Par. (24). Pub. L. 104–193, § 344(a)(4), amended par. (24) generally. Prior to amendment, par. (24) read as follows: “provide that if the State, as of October 13, 1988, 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, 1997, an operational automated data processing and information retrieval system, meeting all the requirements of that paragraph, which has been approved by the Secretary;”.
Enacted provision · exact public law section
(4) Implementation timetable.— Section 454(24) (42 U.S.C. 654(24)), as amended by section 303(a)(1) of this Act, is amended to read as follows: “(24) provide that the State will have in effect an automated data processing and information retrieval system— “(A) by October 1, 1997, which meets all requirements of this part which were enacted on or before the date of enactment of the Family Support Act of 1988, and “(B) by October 1, 2000, which meets all requirements of this part enacted on or before the date of the enactment of the Personal Responsibility and Work Opportunity Act of 1996, except that such deadline shall be extended by 1 day for each day (if any) by which the Secretary fails to meet the deadline imposed by section 344(a)(3) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996;”.Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 301(b) · 110 Stat. 2105
Added · 42 U.S.C. § 654(25)
Pub. L. 104–193, § 301(b), added par. (25)
Source evidence
Code amendment note
Par. (25). Pub. L. 104–193, § 301(b), added par. (25).Enacted provision · exact public law section
(b) Continuation of Services for Families Ceasing To Receive Assistance Under the State Program Funded Under Part A.— Section 454 (42 U.S.C. 654) is amended— (1) by striking “and” at the end of paragraph (23); (2) by striking the period at the end of paragraph (24) and inserting “; and”; and (3) by adding after paragraph (24) the following new paragraph: “(25) provide that if a family with respect to which services are provided under the plan ceases to receive assistance under the State program funded under part A, the State shall provide appropriate notice to the family and continue to provide such services, subject to the same conditions and on the same basis as in the case of other individuals to whom services are furnished under the plan, except that an application or other request to continue services shall not be required of such a family and paragraph (6)(B) shall not apply to the family.”,Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 303(a) · 110 Stat. 2105
Added · 42 U.S.C. § 654(26)
Pub. L. 104–193, § 303(a), added par. (26)
Source evidence
Code amendment note
Par. (26). Pub. L. 104–193, § 303(a), added par. (26).Enacted provision · exact public law section
(a) State Plan Requirement.— Section 454 (42 U.S.C. 654), as amended by section 301(b) of this Act, is amended— (1) by striking “and” at the end of paragraph (24); (2) by striking the period at the end of paragraph (25) and inserting “; and”; and (3) by adding after paragraph (25) the following new paragraph: “(26) will have in effect safeguards, applicable to all confidential information handled by the State agency, that are designed to protect the privacy rights of the parties, including— “(A) safeguards against unauthorized use or disclosure of information relating to proceedings or actions to establish paternity, or to establish or enforce support; “(B) prohibitions against the release of information on the whereabouts of 1 party to another party against whom a protective order with respect to the former party has been entered; and “(C) prohibitions against the release of information on the whereabouts of 1 party to another party if the State has reason to believe that the release of the information may result in physical or emotional harm to the former party.”.Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 312(a) · 110 Stat. 2105
Added · 42 U.S.C. § 654(27)
Pub. L. 104–193, § 312(a), added par. (27)
Source evidence
Code amendment note
Par. (27). Pub. L. 104–193, § 312(a), added par. (27).Enacted provision · exact public law section
(a) State Plan Requirement.— Section 454 (42 U.S.C. 654), as amended by sections 301(b) and 303(a) of this Act, is amended— (1) by striking “and” at the end of paragraph (25); (2) by striking the period at the end of paragraph (26) and inserting “; and”; and (3) by adding after paragraph (26) the following new paragraph: “(27) provide that, on and after October 1, 1998, the State agency will— “(A) operate a State disbursement unit in accordance with section 454B; and “(B) have sufficient State staff (consisting of State employees) and (at State option) contractors reporting directly to the State agency to— “(i) monitor and enforce support collections through the unit in cases being enforced by the State pursuant to section 454(4) (including carrying out the automated data processing responsibilities described in section 454A(g)); and “(ii) take the actions described in section 466(c)(1) in appropriate cases.”.Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 313(a) · 110 Stat. 2105
Added · 42 U.S.C. § 654(28)
Pub. L. 104–193, § 313(a), added par. (28)
Source evidence
Code amendment note
Par. (28). Pub. L. 104–193, § 313(a), added par. (28).Enacted provision · exact public law section
(a) State Plan Requirement.— Section 454 (42 U.S.C. 654), as amended by sections 301(b), 303(a), and 312(a) of this Act, is amended— (1) by striking “and” at the end of paragraph (26); (2) by striking the period at the end of paragraph (27) and inserting “; and”; and (3) by adding after paragraph (27) the following new paragraph: “(28) provide that, on and after October 1, 1997, the State will operate a State Directory of New Hires in accordance with section 453A.”.Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 333 · 110 Stat. 2105
Added · 42 U.S.C. § 654(29)
Pub. L. 104–193, § 333, added par. (29)
Source evidence
Code amendment note
Par. (29). Pub. L. 104–193, § 333, added par. (29).Enacted provision · exact public law section
SEC. 333. COOPERATION BY APPLICANTS FOR AND RECIPIENTS OF PART A ASSISTANCE. Section 454 (42 U.S.C. 654), as amended by sections 301(b), 303(a), 312(a), and 313(a) of this Act, is amended— (1) by striking “and” at the end of paragraph (27); (2) by striking the period at the end of paragraph (28) and inserting “; and”; and (3) by inserting after paragraph (28) the following new paragraph: “(29) provide that the State agency responsible for administering the State plan— “(A) shall make the determination (and redetermination at appropriate intervals) as to whether an individual who has applied for or is receiving assistance under the State program funded under part A of this title or the State program under title XIX is cooperating in good faith with the State in establishing the paternity of, or in establishing, modifying, or enforcing a support order for, any child of the individual by providing the State agency with the name of, and such other information as the State agency may require with respect to, the noncustodial parent of the child, subject to good cause and other exceptions which— “(i) shall be defined, taking into account the best interests of the child, and “(ii) shall be applied in each case, by, at the option of the State, the State agency administering the State program under part A, this part, or title XIX; “(B) shall require the individual to supply additional necessary information and appear at interviews, hearings, and legal proceedings; “(C) shall require the individual and the child to submit to genetic tests pursuant to judicial or administrative order; “(D) may request that the individual sign a voluntary acknowledgment of paternity, after notice of the rights and consequences of such an acknowledgment, but may not require the individual to sign an acknowledgment or otherwise relinquish the right to genetic tests as a condition of cooperation and eligibility for assistance under the State program funded under part A, or the State program under title XIX; and “(E) shall promptly notify the individual, the State Notification. agency administering the State program funded under part A, and the State agency administering the State program under title XIX, of each such determination, and if non-cooperation is determined, the basis therefor.”.Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 343(b) · 110 Stat. 2105
Added · 42 U.S.C. § 654(30)
Pub. L. 104–193, § 343(b), added par. (30)
Source evidence
Code amendment note
Par. (30). Pub. L. 104–193, § 343(b), added par. (30).Enacted provision · exact public law section
(b) State Plan Requirement.— Section 454 (42 U.S.C. 654), as amended by sections 301(b), 303(a), 312(a), 313(a), and 333 of this Act, is amended— (1) by striking “and” at the end of paragraph (28); (2) by striking the period at the end of paragraph (29) and inserting “; and”; and (3) by adding after paragraph (29) the following new paragraph: “(30) provide that the State shall use the definitions established under section 452(a)(5) in collecting and reporting information as required under this part.”.Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 370(a)(2) · 110 Stat. 2105
Added · 42 U.S.C. § 654(31)
Pub. L. 104–193, § 370(a)(2), added par. (31)
Source evidence
Code amendment note
Par. (31). Pub. L. 104–193, § 370(a)(2), added par. (31).Enacted provision · exact public law section
(2) State agency responsibility.— Section 454 (42 U.S.C. 654), as amended by sections 301(b), 303(a), 312(b), 313(a), 333, and 343(b) of this Act. is amended— (A) by striking “and” at the end of paragraph (29); (B) by striking the period at the end of paragraph (30) and inserting “; and”; and (C) by adding after paragraph (30) the following new paragraph: “(31) provide that the State agency will have in effect a procedure for certifying to the Secretary, for purposes of the procedure under section 452(k), determinations that individuals owe arrearages of child support in an amount exceeding $5,000, under which procedure— “(A) each individual concerned is afforded notice of such determination and the consequences thereof, and an opportunity to contest the determination; and “(B) the certification by the State agency is furnished to the Secretary in such format, and accompanied by such supporting documentation, as the Secretary may require.”.Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 371(b) · 110 Stat. 2105
Added · 42 U.S.C. § 654(32)
Pub. L. 104–193, § 371(b), added par. (32)
Source evidence
Code amendment note
Par. (32). Pub. L. 104–193, § 371(b), added par. (32).Enacted provision · exact public law section
(b) State Plan Requirement.— Section 454 (42 U.S.C. 654), as amended by sections 301(b), 303(a), 312(b), 313(a), 333, 343(b), and 370(a)(2) of this Act, is amended— (1) by striking “and” at the end of paragraph (30); (2) by striking the period at the end of paragraph (31) and inserting “; and”; and (3) by adding after paragraph (31) the following new paragraph: “(32) (A) provide that any request for services under this part by a foreign reciprocating country or a foreign country with which the State has an arrangement described in section 459A(d)(2) shall be treated as a request by a State; “(B) provide, at State option, notwithstanding paragraph (4) or any other provision of this part, for services under the plan for enforcement of a spousal support order not described in paragraph (4)(B) entered by such a country (or subdivision); and “(C) provide that no applications will be required from, and no costs will be assessed for such services against, the foreign reciprocating country or foreign obligee (but costs may at State option be assessed against the obligor).”.Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Pub. L. 104–193 § 375(a)(1) · 110 Stat. 2105
Added · 42 U.S.C. § 654(33)
Pub. L. 104–193, § 375(a)(1)–(3), added par. (33)
Source evidence
Code amendment note
Par. (33). Pub. L. 104–193, § 375(a)(1)–(3), added par. (33).Enacted provision · exact public law section
(1) by striking “and” at the end of paragraph (31);Balanced Budget Act of 1997
Pub. L. 105–33 § 5548(a) · 111 Stat. 251
Added · 42 U.S.C. § 654(4)(A)(i)(IV)
Pub. L. 105–33, § 5548(a), added subcl. (IV)
Source evidence
Code amendment note
Par. (4)(A)(i)(IV). Pub. L. 105–33, § 5548(a), added subcl. (IV).Enacted provision · exact public law section
(a) State Plan.— Section 454(4)(A)(i) (42 U.S.C. 654(4)(A)(i)) is amended— (1) by striking “or” before “(III)”; and (2) by inserting “or (IV) cooperation is required pursuant to section 6(1)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2015(1)(1)),” after “title XIX,”.Balanced Budget Act of 1997
Pub. L. 105–33 § 5531(a) · 111 Stat. 251
Substituted · 42 U.S.C. § 654(6)(B)
Pub. L. 105–33, § 5531(a), substituted “an individual, other than an individual receiving assistance under a State program funded under part A or E, or under a State plan approved under subchapter XIX, or who is required by the State to cooperate with the State agency administering the program under this part pursuant to subsection (l) or (m) of section 2015 of title 7, and” for “individuals not receiving assistance under any State program funded under part A, which”
Source evidence
Code amendment note
Par. (6)(B). Pub. L. 105–33, § 5531(a), substituted “an individual, other than an individual receiving assistance under a State program funded under part A or E, or under a State plan approved under subchapter XIX, or who is required by the State to cooperate with the State agency administering the program under this part pursuant to subsection (l) or (m) of section 2015 of title 7, and” for “individuals not receiving assistance under any State program funded under part A, which”.Enacted provision · exact public law section
(a) Individuals Subject to Fee for Child Support Enforcement Services.— Section 454(6)(B) (42 U.S.C. 654(6)(B)) is amended by striking “individuals not receiving assistance under any State program funded under part A, which” and inserting “an individual, other than an individual receiving assistance under a State program funded under part A or E, or under a State plan approved under title XIX, or who is required by the State to cooperate with the State agency administering the program under this part pursuant to subsection (1) or (m) of section 6 of the Food Stamp Act of 1977, and”.Balanced Budget Act of 1997
Pub. L. 105–33 § 5552(1)(D) · 111 Stat. 251
Inserted · 42 U.S.C. § 654(8)
Pub. L. 105–33, § 5552(1)(D), inserted concluding provisions
Source evidence
Code amendment note
Par. (8). Pub. L. 105–33, § 5552(1)(D), inserted concluding provisions.Enacted provision · exact public law section
(D) by inserting after subparagraph (B), the following flush language: “and shall, subject to the privacy safeguards required under paragraph (26), disclose only the information described in sections 453 and 463 to the authorized persons specified in such sections for the purposes specified in such sections;”;Balanced Budget Act of 1997
Pub. L. 105–33 § 5552(1)(A) · 111 Stat. 251
Inserted · 42 U.S.C. § 654(8)
Pub. L. 105–33, § 5552(1)(A), in introductory provisions, inserted “, for the purpose of establishing parentage, establishing, setting the amount of, modifying, or enforcing child support obligations, or making or enforcing a child custody or visitation determination, as defined in section 663(d)(1) of this title” after “provide that”
Struck · 42 U.S.C. § 654(8)
Pub. L. 105–33, § 5552(1)(A), in introductory provisions, struck out “noncustodial” before “parents”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 105–33, § 5552(1)(A), in introductory provisions, inserted “, for the purpose of establishing parentage, establishing, setting the amount of, modifying, or enforcing child support obligations, or making or enforcing a child custody or visitation determination, as defined in section 663(d)(1) of this title” after “provide that” and struck out “noncustodial” before “parents”.Enacted provision · exact public law section
(A) in the matter preceding subparagraph (A)— (i) by striking “noncustodial”; and (ii) by inserting “, for the purpose of establishing parentage, establishing, setting the amount of, modifying, or enforcing child support obligations, or making or enforcing a child custody or visitation determination, as defined in section 463(d)(1)” after “provide that”;Balanced Budget Act of 1997
Pub. L. 105–33 § 5552(1)(B) · 111 Stat. 251
Substituted · 42 U.S.C. § 654(8)(A)
Pub. L. 105–33, § 5552(1)(B), substituted “records; and” for “records, and”
Source evidence
Code amendment note
Par. (8)(A). Pub. L. 105–33, § 5552(1)(B), substituted “records; and” for “records, and”.Enacted provision · exact public law section
(B) in subparagraph (A), by striking the comma and inserting a semicolon;Balanced Budget Act of 1997
Pub. L. 105–33 § 5552(1)(C) · 111 Stat. 251
Substituted · 42 U.S.C. § 654(8)(B)
Pub. L. 105–33, § 5552(1)(C), substituted “title,” for “title;”
Source evidence
Code amendment note
Par. (8)(B). Pub. L. 105–33, § 5552(1)(C), substituted “title,” for “title;”.Enacted provision · exact public law section
(C) in subparagraph (B), by striking the semicolon and inserting a comma; andBalanced Budget Act of 1997
Pub. L. 105–33 § 5556(b) · 111 Stat. 251
Changed · 42 U.S.C. § 654(16)
Pub. L. 105–33, § 5556(b), made technical amendment to directory language of Pub. L. 104–193, § 344(a)(1)(F). See 1996 Amendment note below
Source evidence
Code amendment note
Par. (16). Pub. L. 105–33, § 5556(b), made technical amendment to directory language of Pub. L. 104–193, § 344(a)(1)(F). See 1996 Amendment note below.Enacted provision · exact public law section
(b) Correction of Ambiguous Amendment.— Section 344(a)(1)(F) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104–193; 110 Stat. 2234) 42 USC 654. is amended by inserting “the first place such term appears” before “and all that follows”.Balanced Budget Act of 1997
Pub. L. 105–33 § 5552(2) · 111 Stat. 251
Substituted · 42 U.S.C. § 654(17)
Pub. L. 105–33, § 5552(2), substituted “provide that the State will have” for “in the case of a State which has”
Inserted · 42 U.S.C. § 654(17)
Pub. L. 105–33, § 5552(2), inserted “and” after “section 653 of this title,”
Source evidence
Code amendment note
Par. (17). Pub. L. 105–33, § 5552(2), substituted “provide that the State will have” for “in the case of a State which has” and inserted “and” after “section 653 of this title,”.Enacted provision · exact public law section
(2) in paragraph (17)— (A) by striking “in the case of a State which has” and inserting “provide that the State will have”; and (B) by inserting “and” after “section 453,”; andBalanced Budget Act of 1997
Pub. L. 105–33 § 5542(c) · 111 Stat. 251
Substituted · 42 U.S.C. § 654(19)(B)(ii)
Pub. L. 105–33, § 5542(c), substituted “section 659(i)(5)” for “section 662(e)”
Source evidence
Code amendment note
Par. (19)(B)(ii). Pub. L. 105–33, § 5542(c), substituted “section 659(i)(5)” for “section 662(e)”.Enacted provision · exact public law section
(c) Conforming Amendment.— Section 454(19)(B)(ii) (42 U.S.C. 654(19)(B)(ii)) is amended by striking “section 462(e)” and inserting “section 459(i)(5)”.Balanced Budget Act of 1997
Pub. L. 105–33 § 5552(3)(A) · 111 Stat. 251
Struck · 42 U.S.C. § 654(26)
Pub. L. 105–33, § 5552(3)(A), struck out “will” before “have in effect” in introductory provisions
Source evidence
Code amendment note
Par. (26). Pub. L. 105–33, § 5552(3)(A), struck out “will” before “have in effect” in introductory provisions.Enacted provision · exact public law section
(A) in the matter preceding subparagraph (A), by striking “will”;Balanced Budget Act of 1997
Pub. L. 105–33 § 5552(3)(B) · 111 Stat. 251
Inserted · 42 U.S.C. § 654(26)(A)
Pub. L. 105–33, § 5552(3)(B), inserted “, modify,” after “or to establish” and “, or to make or enforce a child custody determination” after “support”
Source evidence
Code amendment note
Par. (26)(A). Pub. L. 105–33, § 5552(3)(B), inserted “, modify,” after “or to establish” and “, or to make or enforce a child custody determination” after “support”.Enacted provision · exact public law section
(B) in subparagraph (A)— (i) by inserting “, modify,” after “establish”, the second place it appears; and (ii) by inserting “, or to make or enforce a child custody determination” after “support”;Balanced Budget Act of 1997
Pub. L. 105–33 § 5552(3)(C)(i) · 111 Stat. 251
Inserted · 42 U.S.C. § 654(26)(B)
Pub. L. 105–33, § 5552(3)(C)(i), (ii), inserted “or the child” after “1 party” and after “former party”
Source evidence
Code amendment note
Par. (26)(B). Pub. L. 105–33, § 5552(3)(C)(i), (ii), inserted “or the child” after “1 party” and after “former party”.Enacted provision · exact public law section
(i) by inserting “or the child” after “1 party”;Balanced Budget Act of 1997
Pub. L. 105–33 § 5552(3)(D) · 111 Stat. 251
Inserted · 42 U.S.C. § 654(26)(C)
Pub. L. 105–33, § 5552(3)(D), inserted “or the child” after “1 party”
Substituted · 42 U.S.C. § 654(26)(C)
Pub. L. 105–33, § 5552(3)(D), substituted “another person” for “another party”
Inserted · 42 U.S.C. § 654(26)(C)
Pub. L. 105–33, § 5552(3)(D), inserted “to that person” after “release of the information”
Substituted · 42 U.S.C. § 654(26)(C)
Pub. L. 105–33, § 5552(3)(D), substituted “party or the child” for “former party”
Source evidence
Code amendment note
Par. (26)(C). Pub. L. 105–33, § 5552(3)(D), inserted “or the child” after “1 party”, substituted “another person” for “another party”, inserted “to that person” after “release of the information”, and substituted “party or the child” for “former party”.Enacted provision · exact public law section
(D) in subparagraph (C)— (i) by inserting “or the child” after “1 party”; (ii) by striking “another party” and inserting “another person”; (iii) by inserting “to that person” after “release of the information”; and (iv) by striking “former party” and inserting “party or the child”; andBalanced Budget Act of 1997
Pub. L. 105–33 § 5552(3)(C)(iii) · 111 Stat. 251
Added · 42 U.S.C. § 654(26)(D); 42 U.S.C. § 654(26)(E)
Pub. L. 105–33, § 5552(3)(C)(iii), (E), added subpars. (D) and (E)
Source evidence
Code amendment note
Par. (26)(D), (E). Pub. L. 105–33, § 5552(3)(C)(iii), (E), added subpars. (D) and (E).Enacted provision · exact public law section
(iii) by striking “and” at the end;Balanced Budget Act of 1997
Pub. L. 105–33 § 5548(b)(1)(B) · 111 Stat. 251
Substituted · 42 U.S.C. § 654(29)(A)
Pub. L. 105–33, § 5548(b)(1)(B), substituted cls. (i) and (ii) for
Source evidence
Code amendment note
Par. (29)(A). Pub. L. 105–33, § 5548(b)(1)(B), substituted cls. (i) and (ii) for“(i) shall be defined, taking into account the best interests of the child, and “(ii) shall be applied in each case, by, at the option of the State, the State agency administering the State program under part A of this subchapter, this part, or subchapter XIX;”.
Enacted provision · exact public law section
(B) by striking clauses (i) and (ii) and all that follows through the semicolon and inserting the following: “(i) in the case of the State program funded under part A, the State program under part E, or the State program under title XIX shall, at the option of the State, be defined, taking into account the best interests of the child, and applied in each case, by the State agency administering such program; and “(ii) in the case of the food stamp program, as defined under section 3(h) of the Food Stamp Act of 1977 (7 U.S.C. 2012(h)), shall be defined and applied in each case under that program in accordance with section 6(1)(2) of the Food Stamp Act of 1977 (7 U.S.C. 2015(1)(2));”;Balanced Budget Act of 1997
Pub. L. 105–33 § 5548(b)(1)(A) · 111 Stat. 251
Substituted · 42 U.S.C. § 654(29)(A)
Pub. L. 105–33, § 5548(b)(1)(A), in introductory provisions, substituted “part A, the State program under part E, the State program under subchapter XIX, or the food stamp program, as defined under section 2012(h) of title 7,” for “part A of this subchapter or the State program under subchapter XIX”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 105–33, § 5548(b)(1)(A), in introductory provisions, substituted “part A, the State program under part E, the State program under subchapter XIX, or the food stamp program, as defined under section 2012(h) of title 7,” for “part A of this subchapter or the State program under subchapter XIX”.Enacted provision · exact public law section
(A) in the matter preceding clause (i), by striking “part A of this title or the State program under title XIX” and inserting “part A, the State program under part E, the State program under title XIX, or the food stamp program, as defined under section 3(h) of the Food Stamp Act of 1977 (7 U.S.C. 2012(h)),”; andBalanced Budget Act of 1997
Pub. L. 105–33 § 5548(b)(2) · 111 Stat. 251
Substituted · 42 U.S.C. § 654(29)(D)
Pub. L. 105–33, § 5548(b)(2), substituted “the State program under part E, the State program under subchapter XIX, or the food stamp program, as defined under section 2012(h) of title 7” for “or the State program under subchapter XIX”
Source evidence
Code amendment note
Par. (29)(D). Pub. L. 105–33, § 5548(b)(2), substituted “the State program under part E, the State program under subchapter XIX, or the food stamp program, as defined under section 2012(h) of title 7” for “or the State program under subchapter XIX”.Enacted provision · exact public law section
(2) in subparagraph (D), by striking “or the State program under title XIX” and inserting “the State program under part E, the State program under title XIX, or the food stamp program, as defined under section 3(h) of the Food Stamp Act of 1977 (7 U.S.C. 2012(h))”; andBalanced Budget Act of 1997
Pub. L. 105–33 § 5548(b)(3) · 111 Stat. 251
Substituted · 42 U.S.C. § 654(29)(E)
Pub. L. 105–33, § 5548(b)(3), substituted “individual and the State agency administering the State program funded under part A, the State agency administering the State program under part E, the State agency administering the State program under subchapter XIX, or the State agency administering the food stamp program, as defined under section 2012(h) of title 7,” for “individual, the State agency administering the State program funded under part A, and the State agency administering the State program under subchapter XIX,”
Source evidence
Code amendment note
Par. (29)(E). Pub. L. 105–33, § 5548(b)(3), substituted “individual and the State agency administering the State program funded under part A, the State agency administering the State program under part E, the State agency administering the State program under subchapter XIX, or the State agency administering the food stamp program, as defined under section 2012(h) of title 7,” for “individual, the State agency administering the State program funded under part A, and the State agency administering the State program under subchapter XIX,”.Enacted provision · exact public law section
(3) in subparagraph (E), by striking “individual,” and all that follows through “XIX,” and inserting “individual and the State agency administering the State program funded under part A, the State agency administering the State program under part E, the State agency administering the State program under title XIX, or the State agency administering the food stamp program, as defined under section 3(h) of the Food Stamp Act of 1977 (7 U.S.C. 2012(h)),”.Balanced Budget Act of 1997
Pub. L. 105–33 § 5545 · 111 Stat. 251
Substituted · 42 U.S.C. § 654(32)(A)
Pub. L. 105–33, § 5545, substituted “section 659a(d)” for “section 659a(d)(2)”
Source evidence
Code amendment note
Par. (32)(A). Pub. L. 105–33, § 5545, substituted “section 659a(d)” for “section 659a(d)(2)”.Enacted provision · exact public law section
SEC. 5545. INTERNATIONAL SUPPORT ENFORCEMENT. Section 454(32)(A) (42 U.S.C. 654(32)(A)) is amended by striking “section 459A(d)(2)” and inserting “section 459A(d)”.Balanced Budget Act of 1997
Pub. L. 105–33 § 5546(a) · 111 Stat. 251
Substituted · 42 U.S.C. § 654(33)
Pub. L. 105–33, § 5546(a), substituted “or enforce support orders, or” for “and enforce support orders, and”
Substituted · 42 U.S.C. § 654(33)
Pub. L. 105–33, § 5546(a), substituted “guidelines established or adopted by such tribe or organization” for “guidelines established by such tribe or organization”
Substituted · 42 U.S.C. § 654(33)
Pub. L. 105–33, § 5546(a), substituted “all collections” for “all funding collected”
Substituted · 42 U.S.C. § 654(33)
Pub. L. 105–33, § 5546(a), substituted “such collections” for “such funding”
Source evidence
Code amendment note
Par. (33). Pub. L. 105–33, § 5546(a), substituted “or enforce support orders, or” for “and enforce support orders, and”, “guidelines established or adopted by such tribe or organization” for “guidelines established by such tribe or organization”, “all collections” for “all funding collected”, and “such collections” for “such funding”.Enacted provision · exact public law section
(a) Cooperative Agreements by Indian Tribes and States for Child Support Enforcement.— Section 454(33) (42 U.S.C. 654(33)) is amended— (1) by striking “and enforce support orders, and” and inserting “or enforce support orders, or”; (2) by striking “guidelines established by such tribe or organization” and inserting “guidelines established or adopted by such tribe or organization”; (3) by striking “funding collected” and inserting “collections”; and (4) by striking “such funding” and inserting “such collections”.Pub. L. 106–169 § 401(g)(1) · 113 Stat. 1822
Substituted · 42 U.S.C. § 654(6)(E)(i)
Pub. L. 106–169, § 401(g)(1), substituted “; or” for “, or” at end
Source evidence
Code amendment note
Par. (6)(E)(i). Pub. L. 106–169, § 401(g)(1), substituted “; or” for “, or” at end.Enacted provision · exact public law section
(1) by striking “, or” at the end of each of paragraphs (6)(E)(i) and (19)(B)(i) and inserting “; or”;Pub. L. 106–169 § 401(g)(2) · 113 Stat. 1822
Substituted · 42 U.S.C. § 654(9)(A)(C)
Pub. L. 106–169, § 401(g)(2), substituted semicolon for comma at end
Source evidence
Code amendment note
Par. (9)(A) to (C). Pub. L. 106–169, § 401(g)(2), substituted semicolon for comma at end.Enacted provision · exact public law section
(2) in paragraph (9), by striking the comma at the end of each of subparagraphs (A), (B), and (C) and inserting a semicolon; andPub. L. 106–169 § 401(g)(3) · 113 Stat. 1822
Substituted · 42 U.S.C. § 654(19)(A)
Pub. L. 106–169, § 401(g)(3), substituted “; and” for “, and” at end
Source evidence
Code amendment note
Par. (19)(A). Pub. L. 106–169, § 401(g)(3), substituted “; and” for “, and” at end.Enacted provision · exact public law section
(3) by striking “, and” at the end of each of paragraphs (19)(A) and (24)(A) and inserting “; and”.Pub. L. 106–169 § 401(g)(1) · 113 Stat. 1822
Substituted · 42 U.S.C. § 654(19)(B)(i)
Pub. L. 106–169, § 401(g)(1), substituted “; or” for “, or” at end
Source evidence
Code amendment note
Par. (19)(B)(i). Pub. L. 106–169, § 401(g)(1), substituted “; or” for “, or” at end.Enacted provision · exact public law section
(1) by striking “, or” at the end of each of paragraphs (6)(E)(i) and (19)(B)(i) and inserting “; or”;Pub. L. 106–169 § 401(g)(3) · 113 Stat. 1822
Substituted · 42 U.S.C. § 654(24)(A)
Pub. L. 106–169, § 401(g)(3), substituted “; and” for “, and” at end
Source evidence
Code amendment note
Par. (24)(A). Pub. L. 106–169, § 401(g)(3), substituted “; and” for “, and” at end.Enacted provision · exact public law section
(3) by striking “, and” at the end of each of paragraphs (19)(A) and (24)(A) and inserting “; and”.Pub. L. 106–169 § 401(h) · 113 Stat. 1822
Changed · 42 U.S.C. § 654(24)(B)
Pub. L. 106–169, § 401(h), made technical amendment to reference in original act which appears in text as reference to August 22, 1996
Source evidence
Code amendment note
Par. (24)(B). Pub. L. 106–169, § 401(h), made technical amendment to reference in original act which appears in text as reference to August 22, 1996.Enacted provision · exact public law section
(h) Section 454(24)(B) of the Social Security Act (42 U.S.C. 654(24)(B)) is amended by striking “Opportunity Act” and inserting “Opportunity Reconciliation Act”.Deficit Reduction Act of 2005
Pub. L. 109–171 § 7310(a) · 120 Stat. 4
Amended · 42 U.S.C. § 654(6)(B)
Pub. L. 109–171, § 7310(a), designated existing provisions as cl. (i)
Redesignated · 42 U.S.C. § 654(6)(B)
Pub. L. 109–171, § 7310(a), redesignated former cls. (i) and (ii) as subcls. (I) and (II), respectively, of cl. (i)
Added · 42 U.S.C. § 654(6)(B)
Pub. L. 109–171, § 7310(a), added cl. (ii)
Source evidence
Code amendment note
Par. (6)(B). Pub. L. 109–171, § 7310(a), designated existing provisions as cl. (i), redesignated former cls. (i) and (ii) as subcls. (I) and (II), respectively, of cl. (i), and added cl. (ii).Enacted provision · exact public law section
(a) In General.— Section 454(6)(B) (42 U.S.C. 654(6)(B)) is amended— (1) by inserting “(i)” after “(B)”; (2) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively; (3) by adding “and” after the semicolon; and (4) by adding after and below the end the following new clause: “(ii) in the case of an individual who has never received assistance under a State program funded under part A and for whom the State has collected at least $500 of support, the State shall impose an annual fee of $25 for each case in which services are furnished, which shall be retained by the State from support collected on behalf of the individual (but not from the first $500 so collected), paid by the individual applying for the services, 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 the fees shall be considered income to the program);” .Deficit Reduction Act of 2005
Pub. L. 109–171 § 7303(b) · 120 Stat. 4
Substituted · 42 U.S.C. § 654(31)
Pub. L. 109–171, § 7303(b), substituted “$2,500” for “$5,000” in introductory provisions
Source evidence
Code amendment note
Par. (31). Pub. L. 109–171, § 7303(b), substituted “$2,500” for “$5,000” in introductory provisions.Enacted provision · exact public law section
(b) Conforming Amendment.— Section 454(31) (42 U.S.C. 654(31)) is amended by striking “$5,000” and inserting “$2,500”.Deficit Reduction Act of 2005
Pub. L. 109–171 § 7301(b)(1)(C) · 120 Stat. 4
Added · 42 U.S.C. § 654(34)
Pub. L. 109–171, § 7301(b)(1)(C), added par. (34)
Source evidence
Code amendment note
Par. (34). Pub. L. 109–171, § 7301(b)(1)(C), added par. (34).Enacted provision · exact public law section
(C) State plan to include election as to which rules to apply in distributing child support arrearages collected on behalf of families formerly receiving assistance.— Section 454 (42 U.S.C. 654) is amended— (i) by striking “and” at the end of paragraph (32); (ii) by striking the period at the end of paragraph (33) and inserting “; and”; and (iii) by inserting after paragraph (33) the following: “(34) include an election by the State to apply section 457(a)(2)(B) of this Act or former section 457(a)(2)(B) of this Act (as in effect for the State immediately before the date this paragraph first applies to the State) to the distribution of the amounts which are the subject of such sections and, for so long as the State elects to so apply such former section, the amendments made by subsection (b)(1) of section 7301 of the Deficit Reduction Act of 2005 shall not apply with respect to the State, notwithstanding subsection (e) of such section 7301.” .Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 4002(b)(1)(B) · 122 Stat. 1651
Changed · 42 U.S.C. § 654(4)(A)(i)(IV); 42 U.S.C. § 654(4)(6)(B)(i)
Pub. L. 110–246, § 4002(b)(1)(B), (2)(V), made technical amendment to references in original act which appear in text as references to sections 2015(l)(1) and 2015 of title 7
Source evidence
Code amendment note
Pars. (4)(A)(i)(IV), (6)(B)(i). Pub. L. 110–246, § 4002(b)(1)(B), (2)(V), made technical amendment to references in original act which appear in text as references to sections 2015(l)(1) and 2015 of title 7.Enacted provision · exact public law section
(B) by striking “Food Stamp Act of 1977” each place it appears and inserting “Food and Nutrition Act of 2008”;Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 4115(c)(2)(H) · 122 Stat. 1651
Amended · 42 U.S.C. § 654(29)(A); 42 U.S.C. § 654(29)(D); 42 U.S.C. § 654(29)(E)
Pub. L. 110–246, § 4115(c)(2)(H), as amended by Pub. L. 113–79, § 4030(v)
Substituted · 42 U.S.C. § 654(29)(A); 42 U.S.C. § 654(29)(D); 42 U.S.C. § 654(29)(E)
Pub. L. 110–246, § 4115(c)(2)(H), as substituted “section 2012(l)” for “section 2012(h)” wherever appearing
Source evidence
Code amendment note
Par. (29)(A), (D), (E). Pub. L. 110–246, § 4115(c)(2)(H), as amended by Pub. L. 113–79, § 4030(v), substituted “section 2012(l)” for “section 2012(h)” wherever appearing.Enacted provision · exact public law section
(H) Section 531 of the Social Security Act (42 U.S.C. 654) is amended by striking “section 3(h)” each place it appears and inserting “section 3(l)”.Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 4002(b)(1)(A) · 122 Stat. 1651
Substituted · 42 U.S.C. § 654(29)(A); 42 U.S.C. § 654(29)(D); 42 U.S.C. § 654(29)(E)
Pub. L. 110–246, § 4002(b)(1)(A), (B), (2)(V), substituted “supplemental nutrition assistance program” for “food stamp program” wherever appearing and made technical amendment to references in original act which appear in text as references to sections 2012(h) and 2015(l)(2) of title 7
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 110–246, § 4002(b)(1)(A), (B), (2)(V), substituted “supplemental nutrition assistance program” for “food stamp program” wherever appearing and made technical amendment to references in original act which appear in text as references to sections 2012(h) and 2015(l)(2) of title 7.Enacted provision · exact public law section
(A) by striking “food stamp program” each place it appears and inserting “supplemental nutrition assistance program”;Agricultural Act of 2014
Pub. L. 113–79 § 4030(v) · 128 Stat. 649
Amended · 42 U.S.C. § 654(29)(A); 42 U.S.C. § 654(29)(D); 42 U.S.C. § 654(29)(E)
Pub. L. 113–79, § 4030(v), amended Pub. L. 110–246, § 4115(c)(2)(H). See 2008 Amendment note below
Source evidence
Code amendment note
Par. (29)(A), (D), (E). Pub. L. 113–79, § 4030(v), amended Pub. L. 110–246, § 4115(c)(2)(H). See 2008 Amendment note below.Enacted provision · exact public law section
(v) Section 4115(c)(2)(H) of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246; 122 Stat. 1871) 42 USC 654. is amended by striking “531” and inserting “454”.Preventing Sex Trafficking and Strengthening Families Act
Pub. L. 113–183 § 301(c)(1) · 128 Stat. 1919
Inserted · 42 U.S.C. § 654(4)(A)(ii)
Pub. L. 113–183, § 301(c)(1), inserted before semicolon “(except that, if the individual applying for the services resides in a foreign reciprocating country or foreign treaty country, the State may opt to require the individual to request the services through the Central Authority for child support enforcement in the foreign reciprocating country or the foreign treaty country, and if the individual resides in a foreign country that is not a foreign reciprocating country or a foreign treaty country, a State may accept or reject the application)”
Source evidence
Code amendment note
Par. (4)(A)(ii). Pub. L. 113–183, § 301(c)(1), inserted before semicolon “(except that, if the individual applying for the services resides in a foreign reciprocating country or foreign treaty country, the State may opt to require the individual to request the services through the Central Authority for child support enforcement in the foreign reciprocating country or the foreign treaty country, and if the individual resides in a foreign country that is not a foreign reciprocating country or a foreign treaty country, a State may accept or reject the application)”.Enacted provision · exact public law section
(1) in paragraph (4)(A)(ii), by inserting before the semicolon “(except that, if the individual applying for the services resides in a foreign reciprocating country or foreign treaty country, the State may opt to require the individual to request the services through the Central Authority for child support enforcement in the foreign reciprocating country or the foreign treaty country, and if the individual resides in a foreign country that is not a foreign reciprocating country or a foreign treaty country, a State may accept or reject the application)”; andPreventing Sex Trafficking and Strengthening Families Act
Pub. L. 113–183 § 301(c)(2)(A) · 128 Stat. 1919
Inserted · 42 U.S.C. § 654(32)(A)
Pub. L. 113–183, § 301(c)(2)(A), inserted “, a foreign treaty country,” after “a foreign reciprocating country”
Source evidence
Code amendment note
Par. (32)(A). Pub. L. 113–183, § 301(c)(2)(A), inserted “, a foreign treaty country,” after “a foreign reciprocating country”.Enacted provision · exact public law section
(A) in subparagraph (A), by inserting “, a foreign treaty country,” after “a foreign reciprocating country”; andPreventing Sex Trafficking and Strengthening Families Act
Pub. L. 113–183 § 301(c)(2)(B) · 128 Stat. 1919
Substituted · 42 U.S.C. § 654(32)(C)
Pub. L. 113–183, § 301(c)(2)(B), substituted “, foreign treaty country, or foreign individual” for “or foreign obligee”
Source evidence
Code amendment note
Par. (32)(C). Pub. L. 113–183, § 301(c)(2)(B), substituted “, foreign treaty country, or foreign individual” for “or foreign obligee”.Enacted provision · exact public law section
(B) in subparagraph (C), by striking “or foreign obligee” and inserting “, foreign treaty country, or foreign individual”.Advancing Chronic Care, Extenders, and Social Services (ACCESS) Act
Pub. L. 115–123 div. E title XII § 53117(a) · 132 Stat. 64
Substituted · 42 U.S.C. § 654(6)(B)(ii)
Pub. L. 115–123 substituted “$35” for “$25” and, in two places
Substituted · 42 U.S.C. § 654(6)(B)(ii)
Pub. L. 115–123 substituted “$550” for “$500”
Source evidence
Code amendment note
Par. (6)(B)(ii). Pub. L. 115–123 substituted “$35” for “$25” and, in two places, substituted “$550” for “$500”.Enacted provision · exact public law section
(a) In General.— Section 454(6)(B)(ii) of the Social Security Act (42 U.S.C. 654(6)(B)(ii)) is amended— (1) by striking “$25” and inserting “$35”; and (2) by striking “$500” each place it appears and inserting “$550”.Effective date note
Pub. L. 115–123, div. E, title XII, § 53117(b), Feb. 9, 2018, 132 Stat. 307, provided that:Pub. L. 118–258 title II § 202(c) · 138 Stat. 2972
Changed · 42 U.S.C. § 654(7); 42 U.S.C. § 654(33)
Pub. L. 118–258 made technical amendment to reference in original act which appears in text as reference to section 5304 of title 25
Unresolved: Pub. L. 118–258 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Pars. (7), (33). Pub. L. 118–258 made technical amendment to reference in original act which appears in text as reference to section 5304 of title 25.
155 of 160 references resolved to an enrolled provision · 4 partial · 1 unresolved
Editorial Notes
References in Text
Section 508 of the Unemployment Compensation Amendments of 1976, referred to in par. (19), is section 508 of Pub. L. 94–566, , 90 Stat. 2689, which enacted section 603a of this title and amended section 49b of Title 29, Labor.
Section 344(a)(3) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, referred to in par. (24), is section 344(a)(3) of Pub. L. 104–193, which is set out as a Regulations note under section 654a of this title.
Section 2012(l) of title 7, referred to in par. (29), was struck out, and a new section 2012(t) of title 7 similarly defining “supplemental nutrition assistance program” was enacted, by Pub. L. 113–79, title IV, § 4030(a)(3), (5), , 128 Stat. 813.
Section 7301 of the Deficit Reduction Act of 2005, referred to in par. (34), is section 7301 of Pub. L. 109–171, title VII, , 120 Stat. 141. Subsec. (b)(1) of section 7301 of Pub. L. 109–171 amended this section and section 657 of this title. Subsec. (e) of section 7301 of Pub. L. 109–171 is set out as an Effective Date of 2006 Amendment note under section 608 of this title.
Codification
Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
Amendments1975–2025 · 17 rounds
2025
Pars. (7), (33). Pub. L. 118–258 made technical amendment to reference in original act which appears in text as reference to section 5304 of title 25.
2018
Par. (6)(B)(ii). Pub. L. 115–123 substituted “$35” for “$25” and, in two places, substituted “$550” for “$500”.
2014
Par. (4)(A)(ii). Pub. L. 113–183, § 301(c)(1), inserted before semicolon “(except that, if the individual applying for the services resides in a foreign reciprocating country or foreign treaty country, the State may opt to require the individual to request the services through the Central Authority for child support enforcement in the foreign reciprocating country or the foreign treaty country, and if the individual resides in a foreign country that is not a foreign reciprocating country or a foreign treaty country, a State may accept or reject the application)”.
Par. (29)(A), (D), (E). Pub. L. 113–79, § 4030(v), amended Pub. L. 110–246, § 4115(c)(2)(H). See 2008 Amendment note below.
Par. (32)(A). Pub. L. 113–183, § 301(c)(2)(A), inserted “, a foreign treaty country,” after “a foreign reciprocating country”.
Par. (32)(C). Pub. L. 113–183, § 301(c)(2)(B), substituted “, foreign treaty country, or foreign individual” for “or foreign obligee”.
2008
Pars. (4)(A)(i)(IV), (6)(B)(i). Pub. L. 110–246, § 4002(b)(1)(B), (2)(V), made technical amendment to references in original act which appear in text as references to sections 2015(l)(1) and 2015 of title 7.
Par. (29)(A), (D), (E). Pub. L. 110–246, § 4115(c)(2)(H), as amended by Pub. L. 113–79, § 4030(v), substituted “section 2012(l)” for “section 2012(h)” wherever appearing.
Pub. L. 110–246, § 4002(b)(1)(A), (B), (2)(V), substituted “supplemental nutrition assistance program” for “food stamp program” wherever appearing and made technical amendment to references in original act which appear in text as references to sections 2012(h) and 2015(l)(2) of title 7.
2006
Par. (6)(B). Pub. L. 109–171, § 7310(a), designated existing provisions as cl. (i), redesignated former cls. (i) and (ii) as subcls. (I) and (II), respectively, of cl. (i), and added cl. (ii).
Par. (31). Pub. L. 109–171, § 7303(b), substituted “$2,500” for “$5,000” in introductory provisions.
Par. (34). Pub. L. 109–171, § 7301(b)(1)(C), added par. (34).
1999
Par. (6)(E)(i). Pub. L. 106–169, § 401(g)(1), substituted “; or” for “, or” at end.
Par. (9)(A) to (C). Pub. L. 106–169, § 401(g)(2), substituted semicolon for comma at end.
Par. (19)(A). Pub. L. 106–169, § 401(g)(3), substituted “; and” for “, and” at end.
Par. (19)(B)(i). Pub. L. 106–169, § 401(g)(1), substituted “; or” for “, or” at end.
Par. (24)(A). Pub. L. 106–169, § 401(g)(3), substituted “; and” for “, and” at end.
Par. (24)(B). Pub. L. 106–169, § 401(h), made technical amendment to reference in original act which appears in text as reference to .
1997
Par. (4)(A)(i)(IV). Pub. L. 105–33, § 5548(a), added subcl. (IV).
Par. (6)(B). Pub. L. 105–33, § 5531(a), substituted “an individual, other than an individual receiving assistance under a State program funded under part A or E, or under a State plan approved under subchapter XIX, or who is required by the State to cooperate with the State agency administering the program under this part pursuant to subsection (l) or (m) of section 2015 of title 7, and” for “individuals not receiving assistance under any State program funded under part A, which”.
Par. (8). Pub. L. 105–33, § 5552(1)(D), inserted concluding provisions.
Pub. L. 105–33, § 5552(1)(A), in introductory provisions, inserted “, for the purpose of establishing parentage, establishing, setting the amount of, modifying, or enforcing child support obligations, or making or enforcing a child custody or visitation determination, as defined in section 663(d)(1) of this title” after “provide that” and struck out “noncustodial” before “parents”.
Par. (8)(A). Pub. L. 105–33, § 5552(1)(B), substituted “records; and” for “records, and”.
Par. (8)(B). Pub. L. 105–33, § 5552(1)(C), substituted “title,” for “title;”.
Par. (16). Pub. L. 105–33, § 5556(b), made technical amendment to directory language of Pub. L. 104–193, § 344(a)(1)(F). See 1996 Amendment note below.
Par. (17). Pub. L. 105–33, § 5552(2), substituted “provide that the State will have” for “in the case of a State which has” and inserted “and” after “section 653 of this title,”.
Par. (19)(B)(ii). Pub. L. 105–33, § 5542(c), substituted “section 659(i)(5)” for “section 662(e)”.
Par. (26). Pub. L. 105–33, § 5552(3)(A), struck out “will” before “have in effect” in introductory provisions.
Par. (26)(A). Pub. L. 105–33, § 5552(3)(B), inserted “, modify,” after “or to establish” and “, or to make or enforce a child custody determination” after “support”.
Par. (26)(B). Pub. L. 105–33, § 5552(3)(C)(i), (ii), inserted “or the child” after “1 party” and after “former party”.
Par. (26)(C). Pub. L. 105–33, § 5552(3)(D), inserted “or the child” after “1 party”, substituted “another person” for “another party”, inserted “to that person” after “release of the information”, and substituted “party or the child” for “former party”.
Par. (26)(D), (E). Pub. L. 105–33, § 5552(3)(C)(iii), (E), added subpars. (D) and (E).
Par. (29)(A). Pub. L. 105–33, § 5548(b)(1)(B), substituted cls. (i) and (ii) for
“(i) shall be defined, taking into account the best interests of the child, and
“(ii) shall be applied in each case,
by, at the option of the State, the State agency administering the State program under part A of this subchapter, this part, or subchapter XIX;”.
Pub. L. 105–33, § 5548(b)(1)(A), in introductory provisions, substituted “part A, the State program under part E, the State program under subchapter XIX, or the food stamp program, as defined under section 2012(h) of title 7,” for “part A of this subchapter or the State program under subchapter XIX”.
Par. (29)(D). Pub. L. 105–33, § 5548(b)(2), substituted “the State program under part E, the State program under subchapter XIX, or the food stamp program, as defined under section 2012(h) of title 7” for “or the State program under subchapter XIX”.
Par. (29)(E). Pub. L. 105–33, § 5548(b)(3), substituted “individual and the State agency administering the State program funded under part A, the State agency administering the State program under part E, the State agency administering the State program under subchapter XIX, or the State agency administering the food stamp program, as defined under section 2012(h) of title 7,” for “individual, the State agency administering the State program funded under part A, and the State agency administering the State program under subchapter XIX,”.
Par. (32)(A). Pub. L. 105–33, § 5545, substituted “section 659a(d)” for “section 659a(d)(2)”.
Par. (33). Pub. L. 105–33, § 5546(a), substituted “or enforce support orders, or” for “and enforce support orders, and”, “guidelines established or adopted by such tribe or organization” for “guidelines established by such tribe or organization”, “all collections” for “all funding collected”, and “such collections” for “such funding”.
1996
Pub. L. 104–193, § 375(a)(4), inserted at end of closing provisions “Nothing in paragraph (33) shall void any provision of any cooperative agreement entered into before , nor shall such paragraph deprive any State of jurisdiction over Indian country (as so defined) that is lawfully exercised under section 1322 of title 25.”
Par. (4). Pub. L. 104–193, § 301(a)(1), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “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 602(a)(26) of this title or section 1396k of this title is effective, to establish the paternity of such child, unless the agency administering the plan of the State under part A of this subchapter determines in accordance with the standards prescribed by the Secretary pursuant to section 602(a)(26)(B) of this title 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 1396k of this title is in effect, the State agency administering the plan approved under subchapter XIX of this chapter determines pursuant to section 1396k(a)(1)(B) of this title that it is against the best interests of the child to do so, and
“(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 of this subchapter, 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 subchapter XIX of this chapter (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 subchapter determines in accordance with the standards prescribed by the Secretary pursuant to section 602(a)(26)(B) of this title 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;”.
Par. (5)(A). Pub. L. 104–193, § 108(c)(11), substituted “pursuant to section 608(a)(3) of this title” for “under section 602(a)(26) of this title” and “payments collected,” for “payments collected; except that this paragraph shall not apply to such payments 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 of this subchapter;”.
Par. (6). Pub. L. 104–193, § 301(a)(2)(A), substituted “provide that—” for “provide that” in introductory provisions.
Par. (6)(A). Pub. L. 104–193, § 301(a)(2)(B), added subpar. (A) and struck out former subpar. (A) which read as follows: “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),”.
Par. (6)(B). Pub. L. 104–193, § 301(a)(2)(C), (D), inserted “on individuals not receiving assistance under any State program funded under part A” after “such services shall be imposed”, realigned margins, and substituted semicolon for comma at end.
Par. (6)(C). Pub. L. 104–193, § 301(a)(2)(D), realigned margins and substituted semicolon for comma at end.
Par. (6)(D). Pub. L. 104–193, § 301(a)(2)(D), realigned margins and substituted semicolon for comma before “and” at end.
Pub. L. 104–193, § 108(c)(12), substituted “assistance under a State program funded” for “aid under a State plan approved”.
Par. (6)(E). Pub. L. 104–193, § 301(a)(2)(D)(i), (E), realigned margins.
Pub. L. 104–193, § 301(a)(2)(D)(ii), which directed substitution of a semicolon for the final comma, could not be executed because subpar. (E) already ended in a semicolon and not a comma.
Par. (7). Pub. L. 104–193, § 375(c), inserted “and Indian tribes or tribal organizations (as defined in subsections (e) and (l) of section 5304 of title 25)” after “law enforcement officials”.
Par. (8). Pub. L. 104–193, § 395(d)(1)(D), substituted “noncustodial” for “absent” in introductory provisions.
Par. (8)(B). Pub. L. 104–193, § 316(g)(1)(A), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “the Parent Locator Service in the Department of Health and Human Services;”.
Par. (9)(B), (C). Pub. L. 104–193, § 395(d)(2)(B), substituted “a noncustodial parent” for “an absent parent”.
Par. (9)(E). Pub. L. 104–193, § 324(b), added subpar. (E).
Par. (11). Pub. L. 104–193, § 302(b)(2), designated existing provisions as subpar. (A), inserted “and” after semicolon at end, and redesignated par. (12) as subpar. (B).
Par. (12). Pub. L. 104–193, § 304(a), added par. (12). Former par. (12) redesignated (11)(B).
Pub. L. 104–193, § 302(b)(2)(B), redesignated par. (12) as (11)(B).
Par. (13). Pub. L. 104–193, §§ 316(g)(1)(B), 395(d)(1)(D), substituted “noncustodial parents” for “absent parents” and inserted before semicolon at end “and provide that information requests by parents who are residents of other States be treated with the same priority as requests by parents who are residents of the State submitting the plan”.
Par. (14). Pub. L. 104–193, § 342(a)(1), (2), designated existing provisions as subpar. (A) and redesignated par. (15) as subpar. (B).
Par. (15). Pub. L. 104–193, § 342(a)(3), added par. (15). Former par. (15) redesignated (14)(B).
Pub. L. 104–193, § 342(a)(2), redesignated par. (15) as (14)(B).
Par. (16). Pub. L. 104–193, § 344(a)(1), as amended by Pub. L. 105–33, § 5556(b), struck out “, at the option of the State,” before “for the establishment”, inserted “and operation by the State agency” after “for the establishment” and “meeting the requirements of section 654a of this title” after “information retrieval system”, substituted “so as to control” for “in the State and localities thereof, so as (A) to control”, struck out “(i)” before “all the factors in the support enforcement collection”, and struck out before semicolon at end “(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 666(a) of this title 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”.
Par. (21)(A). Pub. L. 104–193, § 395(d)(1)(D), substituted “noncustodial parent” for “absent parent”.
Par. (23). Pub. L. 104–193, § 332, inserted “and will publicize the availability and encourage the use of procedures for voluntary establishment of paternity and child support by means the State deems appropriate” before semicolon.
Par. (24). Pub. L. 104–193, § 344(a)(4), amended par. (24) generally. Prior to amendment, par. (24) read as follows: “provide that if the State, as of , 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 , 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 , an operational automated data processing and information retrieval system, meeting all the requirements of that paragraph, which has been approved by the Secretary;”.
Par. (25). Pub. L. 104–193, § 301(b), added par. (25).
Par. (26). Pub. L. 104–193, § 303(a), added par. (26).
Par. (27). Pub. L. 104–193, § 312(a), added par. (27).
Par. (28). Pub. L. 104–193, § 313(a), added par. (28).
Par. (29). Pub. L. 104–193, § 333, added par. (29).
Par. (30). Pub. L. 104–193, § 343(b), added par. (30).
Par. (31). Pub. L. 104–193, § 370(a)(2), added par. (31).
Par. (32). Pub. L. 104–193, § 371(b), added par. (32).
Par. (33). Pub. L. 104–193, § 375(a)(1)–(3), added par. (33).
1995
Par. (24)(B). Pub. L. 104–35 substituted “1997” for “1995”.
1988
Par. (5)(A). Pub. L. 100–485, § 104(a), 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)” for “at least annually”.
Par. (6)(D), (E). Pub. L. 100–485, § 111(c), added cl. (D) and redesignated former cl. (D) as (E).
Par. (16). Pub. L. 100–485, § 123(d), substituted “advance automated” for “advance automatic” in introductory provisions.
Pub. L. 100–485, § 123(a)(2), substituted “a statewide automated” for “an automatic”.
Par. (24). Pub. L. 100–485, § 123(a)(1), added par. (24).
1987
Par. (4)(A). Pub. L. 100–203, § 9142(a)(1)(A), (B), substituted “an assignment under section 602(a)(26) of this title or section 1396k of this title” for “an assignment under section 602(a)(26) of this title” and “, or, in the case of such a child with respect to whom an assignment under section 1396k of this title is in effect, the State agency administering the plan approved under subchapter XIX of this chapter determines pursuant to section 1396k(a)(1)(B) of this title that it is against the best interests of the child to do so, and” for “, and”.
Par. (4)(B). Pub. L. 100–203, § 9142(a)(1)(C), inserted “or medical assistance under a State plan approved under subchapter XIX of this chapter” after “children”.
Par. (5). Pub. L. 100–203, § 9142(a)(2), substituted “provide that (A)” for “provide that,” and added cl. (B).
Pub. L. 100–203, § 9141(a)(2), struck out “(except as provided in section 657(c) of this title)” after “apply to such payments”.
1984
Par. (4)(B). Pub. L. 98–378, § 11(b)(1), inserted “including an assignment with respect to a child on whose behalf a State agency is making foster care maintenance payments under part E of this subchapter,” after “such assignment is effective,” and inserted “or E” after “part A”.
Par. (4)(B). Pub. L. 98–378, § 12(a), substituted “, and” for “and, at the option of the State,” before “from such parent” and inserted “, and only if the support obligation established with respect to the child is being enforced under the plan”.
Par. (5). Pub. L. 98–378, § 3(e), inserted “, and the individual will be notified at least annually of the amount of the support payments collected;”.
Par. (6)(A). Pub. L. 98–378, § 12(b), struck out “, at the option of the State,” before “support collection services” and inserted “, and only if the support obligation established with respect to the child is being enforced under the plan”.
Par. (6)(B). Pub. L. 98–378, § 3(c), substituted “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), and” for “may be imposed, except that the amount of any such application fee shall be reasonable, as determined under regulations of the Secretary,”.
Par. (6)(C). Pub. L. 98–378, § 21(d)(1), (3), added cl. (C). Former cl. (C) redesignated (D).
Par. (6)(D). Pub. L. 98–378, § 21(d)(1), (2), redesignated former cl. (C) as (D) and substituted “fees” for “fee” before “so imposed”.
Par. (8)(B). Pub. L. 98–369, § 2663(j)(2)(B)(x), substituted “Health and Human Services” for “Health, Education, and Welfare”.
Par. (9)(C). Pub. L. 98–369, § 2663(c)(14)(A), struck out “of such parent” before “with respect to whom aid”.
Par. (16)(A)(ii). Pub. L. 98–369, § 2663(c)(14)(B), substituted “collection, and distribution” for “collection and distribution,” before “of incentive payments”.
Par. (16)(D), (E). Pub. L. 98–378, § 6(a), added cl. (D) and redesignated former cl. (D) as (E).
Par. (17). Pub. L. 98–378, § 2663(c)(14)(C), realigned margin, substituted “provide that the State will accept” for “to accept”, “will impose” for “and to impose”, “will transmit” for “to transmit”, and “will otherwise comply” for “, otherwise to comply”.
Par. (20). Pub. L. 98–378, § 3(a), added par. (20).
Par. (21). Pub. L. 98–378, § 3(d), added par. (21).
Par. (22). Pub. L. 98–378, § 5(b), added par. (22).
Par. (23). Pub. L. 98–378, § 14(a), added par. (23).
Pub. L. 98–378, § 3(f), inserted after numbered paragraphs provision that the State may allow the jurisdiction which makes the collection involved to retain any application fee under par. (6)(B) or any late payment fee under par. (21).
1982
Par. (5). Pub. L. 97–248, § 173(a), inserted “following the first month” after “for any month”.
Par. (6). Pub. L. 97–248, § 171(a), in cl. (A) inserted provisions relating to inclusion of, at the option of the State, support collection services for the spouse or former spouse, in cl. (B) substituted “such services” for “services under the State plan (other than collection of support)”, and in cl. (C) substituted provisions relating to collection of any costs in excess of the fee imposed, for provisions relating to the State retaining any fee imposed under State law as required under former par. (19).
Pars. (18) to (20). Pub. L. 97–248, § 171(b)(1), inserted “and” at end of par. (18), struck out par. (19) relating to imposition of a fee on an individual who owes child or spousal support obligation, and redesignated par. (20) as (19).
1981
Pub. L. 97–35, § 2332(d)(2), substituted in provision preceding par. (1) “child and spousal support” for “child support”.
Par. (4)(B). Pub. L. 97–35, § 2332(d)(3), substituted “such support) and, at the option of the State, from such parent for his spouse (or former spouse) receiving aid to families with dependent children (but only if a support obligation has been established with respect to such spouse), utilizing” for “such support), utilizing”.
Par. (5). Pub. L. 97–35, § 2332(d)(4), substituted “support payments” for “child support payments” and “collected for an individual” for “collected for a child”.
Par. (6)(B). Pub. L. 97–35, § 2333(a)(1), substituted “services under the State plan (other than collection of support)” for “such services”.
Par. (6)(C). Pub. L. 97–35, § 2333(a)(2), substituted “the State will retain, but only if it is the State which makes the collection, the fee imposed under State law as required under paragraph (19)” for “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”.
Par. (9)(C). Pub. L. 97–35, § 2332(d)(5), substituted “of the child or children or the parent of such child or children” for “of a child or children”.
Par. (11). Pub. L. 97–35, § 2332(d)(6), substituted “collected as support” for “collected as child support”.
Par. (16). Pub. L. 97–35, § 2332(d)(7), substituted “support enforcement” for “child support enforcement”, “whom support obligations” for “whom child support obligations”, and “obligated to pay support” for “obligated to pay child support”.
Par. (18). Pub. L. 97–35, § 2331(b), added par. (18).
Par. (19). Pub. L. 97–35, § 2333(b), added par. (19).
Par. (20). Pub. L. 97–35, § 2335(a), added par. (20).
1980
Par. (16). Pub. L. 96–265 added par. (16).
Par. (17). Pub. L. 96–611 added par. (17).
1977
Pars. (14), (15). Pub. L. 95–30 added pars. (14) and (15).
1975
Par. (4)(A). Pub. L. 94–88, § 208(b), substituted “to establish the paternity of such child, unless the agency administering the plan of the State under part A of this subchapter determines in accordance with the standards prescribed by the Secretary pursuant to section 602(a)(26)(B) of this title that it is against the best interests of the child to do so” for “to establish the paternity of such child”.
Par. (4)(B). Pub. L. 94–88, § 208(c), substituted “reciprocal arrangements adopted with other States (unless the agency administering the plan of the State under part A of this subchapter determines in accordance with the standards prescribed by the Secretary pursuant to section 602(a)(26)(B) of this title that it is against the best interests of the child to do so)” for “reciprocal arrangements adopted with other States”.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Pub. L. 115–123, div. E, title XII, § 53117(b), , 132 Stat. 307, provided that:
“(1) In general.—
The amendments made by subsection (a) [amending this section] shall take effect on the 1st day of the 1st fiscal year that begins on or after the date of the enactment of this Act [], and shall apply to payments under part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.) for calendar quarters beginning on or after such 1st day.
“(2) Delay permitted if state legislation required.—
If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan developed pursuant to part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.) to meet the requirements imposed by the amendment made by subsection (a), the plan shall not be regarded as failing to meet such requirements before the 1st day of the 1st calendar quarter beginning after the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the preceding sentence, if the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature.”
Effective Date of 2008 Amendment
Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective , the date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.
Amendment by sections 4002(b)(1)(A), (B), (2)(V), and 4115(c)(2)(H) of Pub. L. 110–246 effective , see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Congress.
Effective Date of 2006 Amendment
Amendment by section 7301(b)(1)(C) of Pub. L. 109–171 effective , and applicable to payments under parts A and D of this subchapter for calendar quarters beginning on or after such date, subject to certain State options, see section 7301(e) of Pub. L. 109–171, set out as a note under section 608 of this title.
Amendment by section 7303(b) of Pub. L. 109–171 effective , see section 7303(c) of Pub. L. 109–171, set out as a note under section 652 of this title.
Pub. L. 109–171, title VII, § 7310(c), , 120 Stat. 148, provided that: “The amendments made by this section [amending this section and section 657 of this title] shall take effect on .”
Effective Date of 1999 Amendment
Amendment by Pub. L. 106–169 effective as if included in the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. 104–193, see section 401(q) of Pub. L. 106–169, set out as a note under section 602 of this title.
Effective Date of 1997 Amendment
Amendment by Pub. L. 105–33 effective as if included in the enactment of title III of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. 104–193, see section 5557 of Pub. L. 105–33, set out as a note under section 608 of this title.
Effective Date of 1996 Amendment
Amendment by section 108(c)(11), (12) of Pub. L. 104–193 effective , 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.
Amendment by section 302(b)(2) of Pub. L. 104–193 effective , see section 302(c)(2) of Pub. L. 104–193, set out as a note under section 657 of this title.
Pub. L. 104–193, title III, § 303(b), , 110 Stat. 2205, provided that: “The amendment made by subsection (a) [amending this section] shall become effective on .”
Pub. L. 104–193, title III, § 304(b), , 110 Stat. 2205, provided that: “The amendment made by subsection (a) [amending this section] shall become effective on .”
Amendment by section 312(a) of Pub. L. 104–193 effective , with limited exception for States which, as of , were processing the receipt of child support payments through local courts, see section 312(d) of Pub. L. 104–193, set out as an Effective Date note under section 654b of this title.
Amendment by section 342(a) of Pub. L. 104–193 effective with respect to calendar quarters beginning 12 months or more after , see section 342(c) of Pub. L. 104–193, set out as a note under section 652 of this title.
Amendment by section 370(a)(2) of Pub. L. 104–193 effective , see section 370(b) of Pub. L. 104–193, set out as a note under section 652 of this title.
Pub. L. 104–193, title III, § 395(a)–(c), , 110 Stat. 2259, provided that:
“(a) In General.—
Except as otherwise specifically provided (but subject to subsections (b) and (c))—
“(1) the provisions of this title [see Tables for classification] requiring the enactment or amendment of State laws under section 466 of the Social Security Act [42 U.S.C. 666], or revision of State plans under section 454 of such Act [this section], shall be effective with respect to periods beginning on and after ; and
“(2) all other provisions of this title shall become effective upon the date of the enactment of this Act [].
“(b) Grace Period for State Law Changes.—
The provisions of this title shall become effective with respect to a State on the later of—
“(1) the date specified in this title, or
“(2) the effective date of laws enacted by the legislature of such State implementing such provisions,
but in no event later than the 1st day of the 1st calendar quarter beginning after the close of the 1st regular session of the State legislature that begins after the date of the enactment of this Act []. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.
“(c) Grace Period for State Constitutional Amendment.—
A State shall not be found out of compliance with any requirement enacted by this title if the State is unable to so comply without amending the State constitution until the earlier of—
“(1) 1 year after the effective date of the necessary State constitutional amendment; or
“(2) 5 years after the date of the enactment of this Act [].”
Effective Date of 1988 Amendment
Pub. L. 100–485, title I, § 104(b), , 102 Stat. 2348, provided that: “The amendment made by subsection (a) [amending this section] shall become effective on the first day of the first calendar quarter which begins 4 or more years after the date of the enactment of this Act [].”
Pub. L. 100–485, title I, § 111(f)(2), , 102 Stat. 2350, provided that: “The amendments made by subsections (b) and (c) [amending this section and section 666 of this title] shall become effective on the first day of the first month beginning one year or more after the date of the enactment of this Act [].”
Effective Date of 1987 Amendment
Pub. L. 100–203, title IX, § 9141(b), , 101 Stat. 1330–321, provided that: “The amendments made by subsection (a) [amending this section and section 657 of this title] shall become effective upon enactment [].”
Pub. L. 100–203, title IX, § 9142(b), , 101 Stat. 1330–322, provided that: “The amendments made by subsection (a) [amending this section] shall become effective on .”
Effective Date of 1984 Amendment
Pub. L. 98–378, § 3(g), , 98 Stat. 1311, provided that:
“(1) Except as provided in paragraphs (2) and (3), the amendments made by this section [enacting section 666 of this title and amending this section] shall become effective on .
“(2) Section 454(21) of the Social Security Act [42 U.S.C. 654(21)] (as added by subsection (d) of this section), and section 466(e) of such Act [42 U.S.C. 666(e)] (as added by subsection (b) of this section), shall be effective with respect to support owed for any month beginning after the date of the enactment of this Act [].
“(3) In the case of a State with respect to which the Secretary of Health and Human Services has determined that State legislation is required in order to conform the State plan approved under part D of title IV of the Social Security Act [42 U.S.C. 651 et seq.] to the requirements imposed by any amendment made by this section, the State plan shall not be regarded as failing to comply with the requirements of such part solely by reason of its failure to meet the requirements imposed by such amendment prior to the beginning of the fourth month beginning after the end of the first session of the State legislature which ends on or after . For purposes of the preceding sentence, the term ‘session’ means a regular, special, budget, or other session of a State legislature.”
Pub. L. 98–378, § 5(c)(1), , 98 Stat. 1314, provided that: “The amendments made by the preceding provisions of this section [amending this section and section 658 of this title] shall become effective on .”
Pub. L. 98–378, § 6(c), , 98 Stat. 1315, provided that: “The amendments made by this section [amending this section and section 655 of this title] shall apply with respect to quarters beginning on or after .”
Pub. L. 98–378, § 11(e), , 98 Stat. 1318, provided that: “The amendments made by this section [amending this section and sections 656, 657, 664, and 671 of this title] shall become effective , and shall apply to collections made on or after that date.”
Pub. L. 98–378, § 12(c), , 98 Stat. 1319, provided that: “The amendments made by this section [amending this section] shall become effective .”
Pub. L. 98–378, § 14(b), , 98 Stat. 1320, provided that: “The amendments made by subsection (a) [amending this section] shall become effective .”
Amendment by section 21(d) of Pub. L. 98–378 applicable with respect to refunds payable under section 6402 of Title 26, Internal Revenue Code, after , see section 21(g) of Pub. L. 98–378, set out as a note under section 6103 of Title 26.
Amendment by Pub. L. 98–369 effective , but not to be construed as changing or affecting any right, liability, status, or interpretation which existed (under the provisions of law involved) before that date, see section 2664(b) of Pub. L. 98–369, set out as a note under section 401 of this title.
Effective Date of 1982 Amendment
Amendment by section 171(a), (b)(1) of Pub. L. 97–248 effective on and after , see section 171(c) of Pub. L. 97–248, set out as a note under section 503 of this title.
Pub. L. 97–248, title I, § 173(b), , 96 Stat. 403, provided that: “The amendment made by this section [amending this section] shall become effective on .”
Effective Date of 1981 Amendment
Amendments by sections 2331(b), 2332(d)(2)–(7), and 2333(a), (b) of Pub. L. 97–35 effective , except as otherwise specifically provided, see section 2336 of Pub. L. 97–35, set out as a note under section 651 of this title.
Amendment by section 2335(a) of Pub. L. 97–35 effective , except that such amendment shall not be requirements under this section or section 503 of this title before , see section 2335(c) of Pub. L. 97–35, set out as a note under section 503 of this title.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–265 effective , and to be effective only with respect to expenditures, referred to in section 655(a)(3) of this title, made on or after such date, see section 405(e) of Pub. L. 96–265, set out as a note under section 652 of this title.
Effective Date of 1977 Amendment
Pub. L. 95–30, title V, § 502(b), , 91 Stat. 162, provided that: “The amendments made by this section [amending this section] shall take effect on the first day of the first calendar month which begins after the date of enactment of this Act [].”
Effective Date of 1975 Amendment
Pub. L. 94–88, title II, § 210, , 89 Stat. 437, provided that: “The amendments made by this title [amending this section and sections 602, 603, and 655 of this title and enacting provisions set out as notes under sections 602 and 655 of this title] shall, unless otherwise specified therein, become effective .”
Exception to General Effective Date for State Plans Requiring State Law Amendments
Pub. L. 109–171, title VII, § 7311, , 120 Stat. 148, provided that: “In the case of a State plan under part D of title IV of the Social Security Act [42 U.S.C. 651 et seq.] which the Secretary determines requires State legislation in order for the plan to meet the additional requirements imposed by the amendments made by this subtitle [subtitle C (§§ 7301–7311) of title VII of Pub. L. 109–171, amending this section, sections 608, 652, 653, 655, 657, 664, and 666 of this title, section 6402 of Title 26, Internal Revenue Code, and provisions set out as a note under section 1169 of Title 29, Labor], the effective date of the amendments imposing the additional requirements shall be 3 months after the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act []. For purposes of the preceding sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be considered to be a separate regular session of the State legislature.”
State Commissions on Child Support
Pub. L. 98–378, § 15, , 98 Stat. 1320, provided that:
“(a) As a condition of the State’s eligibility for Federal payments under part A or D of title IV of the Social Security Act [42 U.S.C. 601 et seq., 651 et seq.] for quarters beginning more than 30 days after the date of the enactment of this Act [] and ending prior to , the Governor of each State, on or before , shall (subject to subsection (f)) appoint a State Commission on Child Support.
“(b) Each State Commission appointed under subsection (a) shall be composed of members appropriately representing all aspects of the child support system, including custodial and non-custodial parents, the agency or organizational unit administering the State’s plan under part D of such title IV [42 U.S.C. 651 et seq.], the State judiciary, the executive and legislative branches of the State government, child welfare and social services agencies, and others.
“(c) It shall be the function of each State Commission to examine, investigate, and study the operation of the State’s child support system for the primary purpose of determining the extent to which such system has been successful in securing support and parental involvement both for children who are eligible for aid under a State plan approved under part A of title IV of such Act [42 U.S.C. 601 et seq.] and for children who are not eligible for such aid, giving particular attention to such specific problems (among others) as visitation, the establishment of appropriate objective standards for support, the enforcement of interstate obligations, the availability, cost, and effectiveness of services both to children who are eligible for such aid and to children who are not, and the need for additional State or Federal legislation to obtain support for all children.
“(d) Each State Commission shall submit to the Governor of the State and make available to the public, no later than , a full and complete report of its findings and recommendations resulting from the examination, investigation, and study under this section. The Governor shall transmit such report to the Secretary of Health and Human Services along with the Governor’s comments thereon.
“(e) None of the costs incurred in the establishment and operation of a State Commission under this section, or incurred by such a Commission in carrying out its functions under subsections (c) and (d), shall be considered as expenditures qualifying for Federal payments under part A or D of title IV of the Social Security Act [42 U.S.C. 601 et seq., 651 et seq.] or be otherwise payable or reimbursable by the United States or any agency thereof.
“(f) If the Secretary determines, at the request of any State on the basis of information submitted by the State and such other information as may be available to the Secretary, that such State—
“(1) has placed in effect and is implementing objective standards for the determination and enforcement of child support obligations,
“(2) has established within the five years prior to the enactment of this Act [] a commission or council with substantially the same functions as the State Commissions provided for under this section, or
“(3) is making satisfactory progress toward fully effective child support enforcement and will continue to do so,
then such State shall not be required to establish a State Commission under this section and the preceding provisions of this section shall not apply.”
Delayed Effective Date in Cases Requiring State Legislation
Pub. L. 97–248, title I, § 176, , 96 Stat. 403, provided that: “In the case of a State with respect to which the Secretary of Health and Human Services has determined that State legislation is required in order to conform the State plan approved under part D of title IV of the Social Security Act [42 U.S.C. 651 et seq.] to the requirements imposed by any amendment made by this subtitle [subtitle E (§§ 171–176) of title I of Pub. L. 97–248, see Tables for classification], the State plan shall not be regarded as failing to comply with the requirements of such part solely by reason of its failure to meet the requirements imposed by such amendment prior to the end of the first session of the State legislature which begins after , or which began prior to , and remained in session for at least twenty-five calendar days after such date. For purposes of the preceding sentence, the term ‘session’ means a regular, special, budget, or other session of a State legislature.”
Credits
1935–2025 · 22 acts
- 1935Aug. 14, 1935, ch. 531, title IV, § 454, as added Pub. L. 93–647, § 101(a), , 88 Stat. 2354
- 1975amended Pub. L. 94–88, title II, § 208(b), (c), , 89 Stat. 436
- 1977Pub. L. 95–30, title V, § 502(a), , 91 Stat. 162
- 1980Pub. L. 96–265, title IV, § 405(b), , 94 Stat. 463
- 1980Pub. L. 96–611, § 9(a), , 94 Stat. 3571
- 1981Pub. L. 97–35, title XXIII, §§ 2331(b), 2332(d), 2333(a), (b), 2335(a), , 95 Stat. 860, 862, 863
- 1982Pub. L. 97–248, title I, §§ 171(a), (b)(1), 173(a), , 96 Stat. 401, 403
- 1984Pub. L. 98–369, div. B, title VI, § 2663(c)(14), (j)(2)(B)(x), , 98 Stat. 1166, 1170
- 1984Pub. L. 98–378, §§ 3(a), (c)–(f), 5(b), 6(a), 11(b)(1), 12(a), (b), 14(a), 21(d), , 98 Stat. 1306, 1310, 1311, 1314, 1318, 1319, 1320, 1324
- 1987Pub. L. 100–203, title IX, §§ 9141(a)(2), 9142(a), , 101 Stat. 1330–321
- 1988Pub. L. 100–485, title I, §§ 104(a), 111(c), 123(a), (d), , 102 Stat. 2348, 2349, 2352, 2353
- 1995Pub. L. 104–35, § 1(a), , 109 Stat. 294
- 1996Pub. L. 104–193, title I, § 108(c)(11), (12), title III, §§ 301(a), (b), 302(b)(2), 303(a), 304(a), 312(a), 313(a), 316(g)(1), 324(b), 332, 333, 342(a), 343(b), 344(a)(1), (4), 370(a)(2), 371(b), 375(a), (c), 395(d)(1)(D), (2)(B), , 110 Stat. 2166, 2199, 2204, 2205, 2207, 2209, 2218, 2223, 2230, 2233, 2234, 2236, 2252, 2254, 2256, 2259, 2260
- 1997Pub. L. 105–33, title V, §§ 5531(a), 5542(c), 5545, 5546(a), 5548, 5552, 5556(b), , 111 Stat. 625, 631, 633, 635, 637
- 1999Pub. L. 106–169, title IV, § 401(g), (h), , 113 Stat. 1858
- 2006Pub. L. 109–171, title VII, §§ 7301(b)(1)(C), 7303(b), 7310(a), , 120 Stat. 143, 145, 147
- 2008Pub. L. 110–234, title IV, §§ 4002(b)(1)(A), (B), (2)(V), 4115(c)(2)(H), , 122 Stat. 1095–1097, 1110
- 2008Pub. L. 110–246, § 4(a), title IV, §§ 4002(b)(1)(A), (B), (2)(V), 4115(c)(2)(H), , 122 Stat. 1664, 1857, 1858, 1871
- 2014Pub. L. 113–79, title IV, § 4030(v), , 128 Stat. 815
- 2014Pub. L. 113–183, title III, § 301(c), , 128 Stat. 1943
- 2018Pub. L. 115–123, div. E, title XII, § 53117(a), , 132 Stat. 307
- 2025Pub. L. 118–258, title II, § 202(c), , 138 Stat. 2972.
Show as published
(Aug. 14, 1935, ch. 531, title IV, § 454, as added Pub. L. 93–647, § 101(a), , 88 Stat. 2354; amended Pub. L. 94–88, title II, § 208(b), (c), , 89 Stat. 436; Pub. L. 95–30, title V, § 502(a), , 91 Stat. 162; Pub. L. 96–265, title IV, § 405(b), , 94 Stat. 463; Pub. L. 96–611, § 9(a), , 94 Stat. 3571; Pub. L. 97–35, title XXIII, §§ 2331(b), 2332(d), 2333(a), (b), 2335(a), , 95 Stat. 860, 862, 863; Pub. L. 97–248, title I, §§ 171(a), (b)(1), 173(a), , 96 Stat. 401, 403; Pub. L. 98–369, div. B, title VI, § 2663(c)(14), (j)(2)(B)(x), , 98 Stat. 1166, 1170; Pub. L. 98–378, §§ 3(a), (c)–(f), 5(b), 6(a), 11(b)(1), 12(a), (b), 14(a), 21(d), , 98 Stat. 1306, 1310, 1311, 1314, 1318, 1319, 1320, 1324; Pub. L. 100–203, title IX, §§ 9141(a)(2), 9142(a), , 101 Stat. 1330–321; Pub. L. 100–485, title I, §§ 104(a), 111(c), 123(a), (d), , 102 Stat. 2348, 2349, 2352, 2353; Pub. L. 104–35, § 1(a), , 109 Stat. 294; Pub. L. 104–193, title I, § 108(c)(11), (12), title III, §§ 301(a), (b), 302(b)(2), 303(a), 304(a), 312(a), 313(a), 316(g)(1), 324(b), 332, 333, 342(a), 343(b), 344(a)(1), (4), 370(a)(2), 371(b), 375(a), (c), 395(d)(1)(D), (2)(B), , 110 Stat. 2166, 2199, 2204, 2205, 2207, 2209, 2218, 2223, 2230, 2233, 2234, 2236, 2252, 2254, 2256, 2259, 2260; Pub. L. 105–33, title V, §§ 5531(a), 5542(c), 5545, 5546(a), 5548, 5552, 5556(b), , 111 Stat. 625, 631, 633, 635, 637; Pub. L. 106–169, title IV, § 401(g), (h), , 113 Stat. 1858; Pub. L. 109–171, title VII, §§ 7301(b)(1)(C), 7303(b), 7310(a), , 120 Stat. 143, 145, 147; Pub. L. 110–234, title IV, §§ 4002(b)(1)(A), (B), (2)(V), 4115(c)(2)(H), , 122 Stat. 1095–1097, 1110; Pub. L. 110–246, § 4(a), title IV, §§ 4002(b)(1)(A), (B), (2)(V), 4115(c)(2)(H), , 122 Stat. 1664, 1857, 1858, 1871; Pub. L. 113–79, title IV, § 4030(v), , 128 Stat. 815; Pub. L. 113–183, title III, § 301(c), , 128 Stat. 1943; Pub. L. 115–123, div. E, title XII, § 53117(a), , 132 Stat. 307; Pub. L. 118–258, title II, § 202(c), , 138 Stat. 2972.)