§ 674. Payments to States

Footnotes

1. 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.

1. 1935

   Adoption Assistance and Child Welfare Act of 1980

   Pub. L. 96–272 title I § 101(a)(1) · 94 Stat. 500

   Enacted · 42 U.S.C. § 674

   Aug. 14, 1935, ch. 531, title IV, § 474, as added Pub. L. 96–272, title I, § 101(a)(1), June 17, 1980, 94 Stat. 506

   Source evidence

   Code source credit
   Aug. 14, 1935, ch. 531, title IV, § 474, as added Pub. L. 96–272, title I, § 101(a)(1), June 17, 1980, 94 Stat. 506

   Enacted provision · exact public law section
   (1) Title IV of the Social Security Act is amended by adding at the end thereof the following new part: “Part E— Federal Payments for Foster Care and Adoption Assistance “Sec. 470. “purpose: appropriation For the purpose of enabling each State to provide, in 42 USC 670. appropriate cases, foster care and adoption assistance for children who otherwise would be eligible for assistance under the State’s plan approved under part A (or, in the case of adoption assistance, would 42 USC 601. 42 USC 1381. be eligible for benefits under title XVI), there are authorized to be appropriated for each fiscal year (commencing with the fiscal year which begins October 1, 1980) such sums as may be necessary to carry out the provisions of this part. The sums made available under this section shall be used for making payments to States which have submitted, and had approved by the Secretary, State plans under this part. “Sec. 471. “state plan for foster care and adoption assistance (a) In order for a State to be eligible for payments under 42 USC 671. this part, it shall have a plan approved by the Secretary which— “(1) provides for foster care maintenance payments in accordance with section 472 and for adoption assistance payments in accordance with section 473; “(2) provides that the State agency responsible for administering the program authorized by part B of this title shall administer, Post, p. 516. or supervise the administration of, the program authorized by this part; “(3) provides that the plan shall be in effect in all political subdivisions of the State, and, if administered by them, be mandatory upon them; “(4) provides that the State shall assure that the programs at the local level assisted under this part will be coordinated with the programs at the State or local level assisted under parts A and B of this title, under title XX of this Act, and under any other 42 USC 601, post, p. 516, 42 USC 1397. appropriate provision of Federal law; “(5) provides that the State will, in the administration of its programs under this part, use such methods relating to the establishment and maintenance of personnel standards on a merit basis as are found by the Secretary to be necessary for the proper and efficient operation of the programs, except that the Secretary shall exercise no authority with respect to the selection, tenure of office, or compensation of any individual employed in accordance with such methods; “(6) provides that the State agency referred to in paragraph (2) State agency. (hereinafter in this part referred to as the ‘State agency’) will make such reports, in such form and containing such information as the Secretary may from time to time require, and comply with such provisions as the Secretary may from time to time find necessary to assure the correctness and verification of such reports; “(7) provides that the State agency will monitor and conduct periodic evaluations of activities carried out under this part; “(8) provides safeguards which restrict the use of or disclosure of information concerning individuals assisted under the State plan to purposes directly connected with (A) the administration of the plan of the State approved under this part, the plan or 42 USC 601, post, p. 516, 42 USC 630, 651. 42 USC 301, 701, 1201, 1351, 1381, 1396, 1397. 42 USC 1381. program of the State under part A, B, C, or D of this title or under title I, V, X, XIV, XVI (as in effect in Puerto Rico, Guam, and the Virgin Islands), XIX, or XX, or the supplemental security income program established by title XVI, (B) any investigation, prosecution, or criminal or civil proceeding, conducted in connection with the administration of any such plan or program, (C) the administration of any other Federal or federally assisted program which provides assistance, in cash or in kind, or services, directly to individuals on the basis of need, and (D) any audit or similar activity conducted in connection with the administration of any such plan or program by any governmental agency which is authorized by law to conduct such audit or activity; and the safeguards so provided shall prohibit disclosure, to any committee or legislative body (other than an agency referred to in clause (D) with respect to an activity referred to in such clause), of any information which identifies by name or address any such applicant or recipient; except that nothing contained herein shall preclude a State from providing standards which restrict disclosures to purposes more limited than those specified herein, or which, in the case of adoptions, prevent disclosure entirely; “(9) provides that where any agency of the State has reason to believe that the home or institution in which a child resides whose care is being paid for in whole or in part with funds Post, p. 516. provided under this part or part B of this title is unsuitable for the child because of the neglect, abuse, or exploitation of such child, it shall bring such condition to the attention of the appropriate court or law enforcement agency; “(10) provides that the standards referred to in section 42 USC 1397b. 2003(d)(1)(F) shall be applied by the State to any foster family home or child care institution receiving funds under this part or part B of this title; “(11) provides for periodic review of the standards referred to in the preceding paragraph and amounts paid as foster care maintenance payments and adoption assistance payments to assure their continuing appropriateness; “(12) provides for granting an opportunity for a fair hearing before the State agency to any individual whose claim for benefits available pursuant to this part is denied or is not acted upon with reasonable promptness; “(13) provides that the State shall arrange for a periodic and independently conducted audit of the programs assisted under this part and part B of this title, which shall be conducted no less frequently than once every three years; “(14) provides (A) specific goals (which shall be established by State law on or before October 1, 1982) for each fiscal year (commencing with the fiscal year which begins on October 1, 1983) as to the maximum number of children (in absolute numbers or as a percentage of all children in foster care with respect to whom assistance under the plan is provided during such year) who, at any time during such year, will remain in foster care after having been in such care for a period in excess of twenty-four months, and (B) a description of the steps which will be taken by the State to achieve such goals; “(15) effective October 1, 1983, provides that, in each case, reasonable efforts will be made (A) prior to the placement of a child in foster care, to prevent or eliminate the need for removal of the child from his home, and (B) to make it possible for the child to return to his home; and “(16) provides for the development of a case plan (as defined in Case plan and case review system. section 475(1)) for each child receiving foster care maintenance payments under the State plan and provides for a case review system which meets the requirements described in section 475(5)(B) with respect to each such child. “(b) The Secretary shall approve any plan which complies with the Plan approval. provisions of subsection (a) of this section. However, in any case in which the Secretary finds, after reasonable notice and opportunity for a hearing, that a State plan which has been approved by the Secretary no longer complies with the provisions of subsection (a), or that in the administration of the plan there is a substantial failure to comply with the provisions of the plan, the Secretary shall notify the State that further payments will not be made to the State under this part, or that such payments will be made to the State but reduced by an amount which the Secretary determines appropriate, until the Secretary is satisfied that there is no longer any such failure to comply, and until he is so satisfied he shall make no further payments to the State, or shall reduce such payments by the amount specified in his notification to the State. “Sec. 472. “foster care maintenance payments program (a) Each State with a plan approved under this part shall 42 USC 672, post, p. 513. make foster care maintenance payments (as defined in section 475(4)) under this part with respect to a child who would meet the requirements of section 406(a) or of section 407 but for his removal from the 42 USC 606, 607. home of a relative (specified in section 406(a)), if— “(1) the removal from the home was the result of a judicial determination to the effect that continuation therein would be contrary to the welfare of such child and (effective October 1, 1983) that reasonable efforts of the type described in section 471(a)(15) have been made; “(2) such child’s placement and care are the responsibility of (A) the State agency administering the State plan approved under section 471, or (B) any other public agency with whom the State agency administering or supervising the administration of the State plan approved under section 471 has made an agreement which is still in effect; “(3) such child has been placed in a foster family home or child-care institution as a result of a determination referred to in paragraph (1); and “(4) such child— “(A) received aid under the State plan approved under section 402 in or for the month in which court proceedings 42 USC 602. leading to the removal of such child from the home were initiated, or “(B) (i) would have received such aid in or for such month if application had been made therefor, or (ii) had been living 42 USC 606. with a relative specified in section 406(a) within six months prior to the month in which such proceedings were initiated, and would have received such aid in or for such month if in such month he had been living with such a relative and application therefor had been made. “(b) Foster care maintenance payments may be made under this part only on behalf of a child described in subsection (a) of this section who is— “(1) in the foster family home of an individual, whether the payments therefor are made to such individual or to a public or nonprofit private child-placement or child-care agency, or “(2) in a child-care institution, whether the payments therefor are made to such institution or to a public or nonprofit private child-placement or child-care agency, which payments shall be limited so as to include in such payments only those items which are included in the term ‘foster care maintenance payments’ (as defined in section 475(4)). “(c) For the purposes of this part, (1) the term ‘foster family home’ means a foster family home for children which is licensed by the State in which it is situated or has been approved, by the agency of such State having responsibility for licensing homes of this type, as “Child-care institution.” meeting the standards established for such licensing; and (2) the term ‘child-care institution’ means a nonprofit private child-care institution, or a public child-care institution which accommodates no more than twenty-five children, which is licensed by the State in which it is situated or has been approved, by the agency of such State responsible for licensing or approval of institutions of this type, as meeting the standards established for such licensing, but the term shall not include detention facilities, forestry camps, training schools, or any other facility operated primarily for the detention of children who are determined to be delinquent. “(d) For purposes of titles XIX and XX, any child with respect to whom foster care maintenance payments are made under this section 42 USC 606. shall be deemed to be a dependent child as defined in section 406 and shall be deemed to be a recipient of aid to families with dependent 42 USC 601. children under part A of this title. “Sec. 473. “Adoption Assistance Program (a) (1) Each State with a plan approved under this part shall, directly through the State agency or through another public or nonprofit private agency, make adoption assistance payments pursuant to an adoption assistance agreement in amounts determined under paragraph (2) of this subsection to parents who, after the effective date of this section, adopt a child who— “(A) (i) at the time adoption proceedings were initiated, met the 42 USC 606, 607. requirements of section 406(a) or section 407 or would have met such requirements except for his removal from the home of a relative (specified in section 406(a)) as a result of a judicial determination to the effect that continuation therein would be contrary to the welfare of such child, or “(ii) meets all of the requirements of title XVI with respect to eligibility for supplemental security income benefits, “(B) (i) received aid under the State plan approved under 42 USC 602. section 402 in or for the month in which court proceedings leading to the removal of such child from the home were initiated, or “(ii) (I) would have received such aid in or for such month if application had been made therefor, or (II) had been living with a relative specified in section 406(a) within six months prior to the 42 USC 606. month in which such proceedings were initiated, and would have received such aid in or for such month if in such month he had been living with such a relative and application therefor had been made, or “(iii) is a child described in subparagraph (A)(ii), and “(C) has been determined by the State, pursuant to subsection (c) of this section, to be a child with special needs. “(2) The amount of the adoption assistance payments shall be Amount of payment. determined through agreement between the adoptive parents and the State or local agency administering the program under this section, which shall take into consideration the circumstances of the adopting parents and the needs of the child being adopted, and may be readjusted periodically, with the concurrence of the adopting parents (which may be specified in the adoption assistance agreement), depending upon changes in such circumstances. However, in no case may the amount of the adoption assistance payment exceed the foster care maintenance payment which would have been paid during the period if the child with respect to whom the adoption assistance payment is made had been in a foster family home. “(3) Notwithstanding the preceding paragraph, (A) no payment Restrictions. may be made to parents with respect to any child who has attained the age of eighteen (or, where the State determines that the child has a mental or physical handicap which warrants the continuation of assistance, the age of twenty-one), and (B) no payment may be made to parents with respect to any child if the State determines that the parents are no longer legally responsible for the support of the child or if the State determines that the child is no longer receiving any support from such parents. Parents who have been receiving adoption assistance payments under this section shall keep the State or local agency administering the program under this section informed of circumstances which would, pursuant to this subsection, make them ineligible for such assistance payments, or eligible for assistance payments in a different amount. “(4) For purposes of this part, individuals with whom a child (who has been determined by the State, pursuant to subsection (c), to be a child with special needs) is placed for adoption, pursuant to an interlocutory decree, shall be eligible for adoption assistance payments under this subsection, during the period of the placement, on the same terms and subject to the same conditions as if such individuals had adopted such child. “(b) For purposes of titles XIX and XX, any child with respect to 42 USC 1396, 1397. whom adoption assistance payments are made under this section shall be deemed to be a dependent child as defined in section 406 and 42 USC 606. shall be deemed to be a recipient of aid to families with dependent children under part A of this title. 42 USC 601. Child with special needs. “(c) For purposes of this section, a child shall not be considered a child with special needs unless— “(1) the State has determined that the child cannot or should not be returned to the home of his parents; and “(2) the State had first determined (A) that there exists with respect to the child a specific factor or condition (such as his ethnic background, age, or membership in a minority or sibling group, or the presence of factors such as medical conditions or physical, mental, or emotional handicaps) because of which it is reasonable to conclude that such child cannot be placed with adoptive parents without providing adoption assistance, and (B) that, except where it would be against the best interests of die child because of such factors as the existence of significant emotional ties with prospective adoptive parents while in the care of such parents as a foster child, a reasonable, but unsuccessful, effort has been made to place the child with appropriate adoptive parents without providing adoption assistance under this section. “Sec. 474. “payments to states; allotments to states (a) For each quarter beginning after September 30, 1980, each State which has a plan approved under this part (subject to the limitations imposed by subsection (b)) shall be entitled to a payment equal to the sum of— “(1) an amount equal to the Federal medical assistance percentage (as defined in section 1905(b) of this Act) of the total amount expended during such quarter as foster care maintenance payments under section 472 for children in foster family homes or child-care institutions; plus “(2) an amount equal to the Federal medical assistance percentage (as defined in section 1905(b) of this Act) of the total amount expended during such quarter as adoption assistance payments under section 473 pursuant to adoption assistance agreements; plus “(3) an amount equal to the sum of the following proportions of the total amounts expended during such quarter as found necessary by the Secretary for the proper and efficient administration of the State plan— “(A) 75 per centum of so much of such expenditures as are for the training (including both short- and long-term training at educational institutions through grants to such institutions or by direct financial assistance to students enrolled in such institutions) of personnel employed or preparing for employment by the State agency or by the local agency administering the plan in the political subdivision, and “(B) one-half of the remainder of such expenditures. “(b) (1) Notwithstanding the provisions of subsections (a)(1) and (a)(3), the aggregate of the sums payable thereunder to any State 42 USC 1308. Post, pp. 526,529, 530. (other than a State subject to limitation under section 1108(a)) with respect to expenditures relating to foster care, for the calendar quarters in any of the fiscal years 1981 through 1984 in which the conditions set forth in paragraph (2) are met, shall not exceed the State’s allotment for such year. “(2) (A) The limitation in paragraph (1) shall apply— “(i) with respect to fiscal year 1981, only if the amount appropriated under section 420 for such fiscal year is equal to or greater than $163,550,000; “(ii) with respect to fiscal year 1982, only if the amount 42 USC 620. appropriated under section 420 for such fiscal year is equal to or greater than $220,000,000; “(iii) with respect to fiscal year 1983, only if the amount appropriated under section 420 for such fiscal year is equal to $266,000,000; and “(iv) with respect to fiscal year 1984, only if the amount appropriated under section 420 for such fiscal year is equal to $266,000,000. “(B) The limitations set forth in paragraph (1) with respect to the fiscal years 1982 through 1984 shall apply only if the required appropriation is made in advance in an appropriation Act (as authorized under section 420(b)) for the fiscal year 42 USC 620. preceding the fiscal year to which the limitation would apply. “(3) For purposes of this subsection, a State’s allotment for any fiscal year shall be the greater of— “(A) the amount determined under paragraph (4); “(B) an amount which bears the same ratio to $100,000,000 as the under age eighteen population of such State bears to the under age eighteen population of the fifty States and the District of Columbia; or “(C) at the option of the State, an amount determined under paragraph (5), out only in the case of a State which meets the requirements of such paragraph (5). “(4) For purposes of paragraph (3)(A), a State’s allotment shall be State allotment determination criteria. determined as follows: “(A) The allotment for any State for fiscal year 1980 shall be an amount equal to such State’s base amount (as determined under subparagraph (c)) increased by 21.2 percent. “(B) The allotment for any State for each of the fiscal years 1981 through 1984 shall be an amount equal to such State’s allotment for the preceding fiscal year, increased or decreased by a percentage equal to twice the percentage increase or decrease (as the case may be) (but not to exceed an increase or decrease of 10 percent) in the Consumer Price Index prepared by the Department of Labor, and used in determining cost-of-living adjustments under section 215(1) of this Act, for the second quarter of 42 USC 415. the preceding fiscal year as compared to such index for the second quarter of the second preceding fiscal year. For purposes of this subparagraph the Consumer Price Index for any quarter shall be the arithmetical mean of such index for the three months in such quarter. “(C) The base amount shall be equal to the amount of the Federal funds payable to such State for fiscal year 1978 under section 403 on account of expenditures for aid with respect to 42 USC 603. which Federal financial participation is authorized in payments pursuant to section 408 (including administrative expenditures Post, p. 512. attributable to the provision of such aid as determined by the Secretary) and for those States which in fiscal year 1978 did not make foster care maintenance payments under section 408 on behalf of children otherwise eligible for such payment, solely because their foster care was provided by related persons, shall be equal to the total amount of Federal funds the State would have been entitled to be paid under section 403 on account of expenditures pursuant to section 408 for that fiscal year if such payments had been made. In the event that there is a dispute between any State and the Secretary as to the amount of such expenditures for such fiscal year, then, until the beginning of the fiscal year immediately following the fiscal year in which the dispute is finally resolved, the base amount shall be deemed to be the amount of Federal hinds which would have been payable under section 403 if the amount of such expenditures were equal to the amount thereof claimed by the State. “(5) (A) For purposes of paragraph (3)(C), a State’s allotment for any fiscal year ending after September 30, 1980, and before October 1, 1984, may, at the option of the State (and if the State meets the requirements of subparagraphs (B) and (C)), be determined by application of the provisions of paragraph (4) with the following modifications: “(i) The base amount for purposes of determining an allotment for any such fiscal year shall be equal to the base amount determined under paragraph (4)(C) increased by a percentage equal to the percentage by which the average monthly number of children in such State receiving aid with respect to which Federal financial participation is authorized in payments pursuant Post, p. 512. to section 408, or receiving foster care maintenance payments with respect to which Federal financial participation is authorized under this part, for such fiscal year exceeds the average monthly number of such children for fiscal year 1978. “(ii) For purposes of clause (i), the percentage determined under such clause shall not exceed 33.1 percent in the case of fiscal year 1981, 46.4 percent in the case of fiscal year 1982, 61.1 percent in the case of fiscal year 1983, or 77.2 percent in the case of fiscal year 1984. “(B) No State may exercise the option to have its allotment amount determined under the provisions of this paragraph unless, for fiscal year 1978, the average monthly number of children in such State receiving aid for which Federal financial participation is authorized in payments pursuant to section 408 as a percentage of the under age eighteen population of such State, was less than the average such percentage for the fifty States and the District of Columbia. “(C) No State may exercise the option to have its allotment determined under this paragraph for any fiscal year other than fiscal year 1981 after the first fiscal year (after fiscal year 1978) with respect to which the average monthly number of children in such State receiving aid for which Federal financial participation is authorized in payments pursuant to section 408, or receiving foster care maintenance payments for which Federal financial participation is authorized under this part, as a percentage of the under age eighteen population of such State, was equal to or greater than the average such percentage for the fifty States and the District of Columbia for the fiscal year 1978. Any allotment determined under this paragraph for a State which opted to have its allotment so determined under this paragraph for the fiscal year prior to the first fiscal year for which its option may not be exercised by reason of the preceding sentence shall be considered to be such State’s allotment for such prior fiscal year for purposes of determining allotments for subsequent fiscal years under paragraph (4). “(D) In determining the number of children receiving aid for which Federal financial participation is authorized in payments under section 408 or under this part, for any fiscal year, with respect to any State and with respect to the national average for purposes of subparagraphs (B) and (C), there shall be included those children with respect to whom foster care maintenance payments were not made under section 408 or this part (though they were otherwise eligible for such payments) solely because their foster care was provided by related persons. In the event that there is a dispute between any State and the Secretary as to the number of such children (with respect to whom foster care maintenance payments were not made) for any fiscal year, then until the beginning of the fiscal year immediately following the fiscal year in which the dispute is finally resolved, determinations under subparagraphs (B) and (C) shall be made on the basis of the number of such children claimed by the State. “(E) The Secretary shall promulgate an interim allotment amount Interim and final allotment amounts. for purposes of this paragraph for each fiscal year for each State exercising its option to have its allotment determined under this paragraph, based on the most recent satisfactory data available, not later than six months after the beginning of such fiscal year. The amount of such allotment shall be adjusted, and the final allotment amount shall be promulgated, based on the most recent satisfactory data available, not later than nine months after the end of such fiscal year. “(6) Except in the case of a State which loses the option of having its allotment determined under paragraph (5) by reason of the provisions of paragraph (5)(C), and subject to the provisions of such paragraph (5)(C), the amount of any allotment as determined in accordance with subparagraph (A), (B), or (C) of paragraph (3) for any fiscal year for any State shall be determined in accordance with the provisions of such subparagraph, without regard to the amount of such State’s allotment for any prior fiscal year as determined in accordance with another such subparagraph. “(c) (1) Except as provided in paragraphs (3) and (4), for any of the State reimbursements. fiscal years 1981 through 1984 during which the limitation under subsection (b)(1) is in effect, sums available to a State from its allotment under subsection (b) for carrying out this part, which the State does not claim as reimbursement for expenditures in such year pursuant to subsection (a) of this section, may be claimed by the State as reimbursement for expenditures in such year pursuant to part B of this title, in addition to sums available pursuant to section 420 for Post, p. 516. carrying out part B. “(2) Except as provided in paragraphs (3) and (4), for any of the fiscal years 1981 through 1984 during which the limitation under subsection (b)(1) is not in effect, a State may claim as reimbursement for expenditures for such year pursuant to part B of this title, in addition to amounts claimed under section 420, an amount equal to the amount by which the State’s allotment amount for such fiscal year (as determined under subsection (b)(3)) exceeds the amount claimed by such State for such fiscal year as reimbursement for expenses relating to foster care under subsection (a); except that the total amount claimed by such State for such fiscal year under this paragraph, when added to the amount that such State receives for such fiscal year under section 420, may not exceed the amount that would have been payable to such State under section 420 for such fiscal year if the relvant amount described in subsection (b)(2)(A) had been appropriated for such fiscal year. “(3) The provisions of paragraphs (1) and (2) shall not apply for any fiscal year with respect to any State which, with respect to such fiscal year, exercised its option to have its allotment amount determined under subsection (b)(5). “(4) (A) No State may claim an amount under the provisions of this subsection as reimbursement for expenditures for any fiscal year pursuant to part B of this title to the extent that such amount, plus the amount claimed by such State for such fiscal year under section 420, exceeds the amount which would be allotted to such State under part B if the amount appropriated under section 420 were $141,000,000, unless such State has met the requirements set forth in section 427(a). Post, p. 519. “(B) If, for each of any two consecutive fiscal years, there is 42 USC 620. appropriated under section 420 a sum equal to $266,000,000, no State may claim any amount under the provisions of this subsection as reimbursement for expenditures for any succeeding fiscal year pursuant Post, p. 516. Post, p. 519. to part B of this title unless such State has met the requirements set forth in section 427(b). “(C) If, for each of any two fiscal years during which the limitation under subsection (b)(1) is not in effect, the total amount claimed by a State as reimbursement for expenditures pursuant to part B under this subsection and under section 420 equals the amount which would be allotted to such State for such fiscal year under part B if the amount appropriated under section 420 were $266,000,000, such State may not claim any amount under the provisions of paragraph (2) as reimbursement for expenditures for any succeeding fiscal year pursuant to part B of this title unless such State has met the requirements set forth in section 427(b). “Sec. 475. “definitions As used in this part or part B of this title: “(1) The term ‘case plan’ means a written document which includes at least the following: A description of the type of home or institution in which a child is to be placed, including a discussion of the appropriateness of the placement and how the agency which is responsible for the child plans to carry out the judicial determination made with respect to the child in accordance with section 472(a)( 1); and a plan for assuring that the child receives proper care and that services are provided to the parents, child, and foster parents in order to improve the conditions in the parents’ home, facilitate return of the child to his own home or the permanent placement of the child, and address the needs of the child while in foster care, including a discussion of the appropriateness of the services that have been provided to the child under the plan. “(2) The term ‘parents’ means biological or adoptive parents or legal guardians, as determined by applicable State law. “(3) The term ‘adoption assistance agreement’ means a written agreement, binding on the parties to the agreement, between the State agency, other relevant agencies, and the prospective adoptive parents of a minor child which at a minimum (A) specifies the amounts of the adoption assistance payments and any additional services and assistance which are to be provided as part of such agreement, and (B) stipulates that the agreement shall remain in effect regardless of the State of which the adoptive parents are residents at any given time. The agreement shall contain provisions for the protection (under an interstate compact approved by the Secretary or otherwise) of the interests of the child in cases where the adoptive parents and child move to another State while the agreement is effective. “(4) The term ‘foster care maintenance payments’ means payments to cover the cost of (and the cost of providing) food, clothing, shelter, daily supervision, school supplies, a child’s personal incidentals, liability insurance with respect to a child, and reasonable travel to the child’s home for visitation. In the case of institutional care, such term shall include the reasonable costs of administration and operation of such institution as are necessarily required to provide the items described in the preceding sentence. “(5) The term ‘case review system’ means a procedure for assuring that— “(A) each child has a case plan designed to achieve placement in the least restrictive (most family like) setting available and in close proximity to the parents’ home, consistent with the best interest and special needs of the child, “(B) the status of each child is reviewed periodically but no less frequently than once every six months by either a court or by administrative review (as defined in paragraph (6)) in order to determine the continuing necessity for and appropriateness of the placement, the extent of compliance with the case plan, and the extent of progress which has been made toward alleviating or mitigating the causes necessitating placement in foster care, and to project a likely date by which the child may be returned to the home or placed for adoption or legal guardianship, and “(C) with respect to each such child, procedural safeguards will be applied, among other things, to assure each child in foster care under the supervision of the State of a dispositional hearing to be held, in a family or juvenile court or another court (including a tribal court) of competent jurisdiction, or by an administrative body appointed or approved by the court, no later than eighteen months after the original placement (and periodically thereafter during the continuation of foster care), which hearing shall determine the future status of the child (including, but not limited to, whether the child should be returned to the parent, should be continued in foster care for a specified period, should be placed for adoption, or should (because of the child’s special needs or circumstances) be continued in foster care on a permanent or long-term basis); and procedural safeguards shall also be applied with respect to parental rights pertaining to the removal of the child from the home of his parents, to a change in the child’s placement, and to any determination affecting visitation privileges of parents. “(6) The term ‘administrative review’ means a review open to the participation of the parents of the child, conducted by a panel of appropriate persons at least one of whom is not responsible for the case management of, or the delivery of services to, either the child or the parents who are the subject of the review. “Sec. 476. “technical assistance; data collection and evaluation (a) The Secretary may provide technical assistance to the 42 USC 676. States to assist them to develop the programs authorized under this part and shall periodically (1) evaluate the programs authorized under this part and part B of this title and (2) collect and publish data Ante, p. 501, post, p. 516. pertaining to the incidence and characteristics of foster care and adoptions in this country. “(b) Each State shall submit statistical reports as the Secretary Statistical reports to Secretary. may require with respect to children for whom payments are made under this part containing information with respect to such children including legal status, demographic characteristics, location, and length of any stay in foster care.”.

2. 1980

   Pub. L. 96–611 § 3 · 94 Stat. 3566

   Added · 42 U.S.C. § 674(d)

   Pub. L. 96–611 added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 96–611 added subsec. (d).

   Enacted provision · exact public law section
   Sec. 3. payments to states for adoption assistance and foster care Section 474 of the Social Security Act is amended by adding 42 USC 674. at the end the following new subsection: “(d) (1) The Secretary shall, prior to the beginning of each quarter, Estimates, State entitlement. estimate the amount to which a State will be entitled under subsections (a), (b), and (c) for such quarter, such estimates to be based on (A) a report filed by the State containing its estimate of the total sum to be expended in such quarter in accordance with the provisions of such subsections, and stating the amount appropriated or made available by the State and its political subdivisions for such expenditures in such quarter, and if such amount is less than the State’s proportionate share of the total sum of such estimated expenditures, the source or sources from which the difference is expected to be derived, (B) records showing the number of children in the State receiving assistance under this part, and (c) such other investigation as the secretary may find necessary. “(2) The Secretary shall then pay to the State, in such installments as he may determine, the amounts so estimated, reduced or increased to the extent of any overpayment or underpayment which the Secretary determines was made under this section to such State for any prior quarter and with respect to which adjustment has not already been made under this subsection. “(3) The pro rata share to which the United States is equitably Pro rata share. entitled, as determined by the Secretary, of the net amount recovered during any quarter by the State or any political subdivision thereof with respect to foster care and adoption assistance furnished under the State plan shall be considered an overpayment to be adjusted under this subsection.”.

3. 1984

   Spending Reduction Act of 1984

   Pub. L. 98–369 § 2663(c)(18)(A) · 98 Stat. 494

   Substituted · 42 U.S.C. § 674(b)(4)(A)

   Pub. L. 98–369, § 2663(c)(18)(A), substituted “subparagraph (C)” for “subparagraph (c)”

   Source evidence

   Code amendment note
   Subsec. (b)(4)(A). Pub. L. 98–369, § 2663(c)(18)(A), substituted “subparagraph (C)” for “subparagraph (c)”.

   Enacted provision · exact public law section
   (A) Section 474(b)(4)(A) of such Act is amended by striking out 42 USC 674. “subparagraph (c)” and inserting in lieu thereof “subparagraph (C)”.

4. 1984

   Spending Reduction Act of 1984

   Pub. L. 98–369 § 2663(c)(18)(B) · 98 Stat. 494

   Substituted · 42 U.S.C. § 674(c)(1); 42 U.S.C. § 674(c)(2)

   Pub. L. 98–369, § 2663(c)(18)(B), substituted “relevant” for “relvant”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 98–369, § 2663(c)(18)(B), substituted “relevant” for “relvant”.

   Enacted provision · exact public law section
   (B) Section 474(c)(2) of such Act is amended by striking out “relvant” and inserting in lieu thereof “relevant”.

5. 1984

   Spending Reduction Act of 1984

   Pub. L. 98–369 § 2663(c)(18)(C) · 98 Stat. 494

   1. Substituted · 42 U.S.C. § 674(d)(1)

      Pub. L. 98–369, § 2663(c)(18)(C), substituted “and (C) such” for “and (c) such”

   2. Substituted · 42 U.S.C. § 674(d)(1)

      Pub. L. 98–369, § 2663(c)(18)(C), substituted “Secretary may find” for “secretary may find”

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 98–369, § 2663(c)(18)(C), substituted “and (C) such” for “and (c) such” and “Secretary may find” for “secretary may find”.

   Enacted provision · exact public law section
   (C) Section 474(d)(1) of such Act is amended— (i) by striking out “and (c)” the second place it appears and inserting in lieu thereof “and (C)”; and (ii) by striking out “secretary” and inserting in lieu thereof “Secretary”.

6. 1984

   Pub. L. 98–617 § 4(a)(1)(A) · 98 Stat. 3294

   1. Redesignated · 42 U.S.C. § 674(b)(1)

      Pub. L. 98–617, § 4(a)(1)(A), formerly § 4(a)(1), as redesignated

   2. Amended · 42 U.S.C. § 674(b)(1)

      Pub. L. 98–617, § 4(a)(1)(A), formerly § 4(a)(1), as amended by Pub. L. 101–239, § 10403(c)(1)

   3. Substituted · 42 U.S.C. § 674(b)(1)

      Pub. L. 98–617, § 4(a)(1)(A), formerly § 4(a)(1), as substituted “1985” for “1984” after “1981 through”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 98–617, § 4(a)(1)(A), formerly § 4(a)(1), as redesignated and amended by Pub. L. 101–239, § 10403(c)(1), substituted “1985” for “1984” after “1981 through”.

   Enacted provision · exact public law section
   (1) in paragraphs (1), (2)(B), and (4)(B), by striking out “1981 through 1984” and inserting in lieu thereof “1981 through 1985”;

7. 1984

   Pub. L. 98–617 § 4(a)(2) · 98 Stat. 3294

   Added · 42 U.S.C. § 674(b)(2)(A)(v)

   Pub. L. 98–617, § 4(a)(2), added cl. (v)

   Source evidence

   Code amendment note
   Subsec. (b)(2)(A)(v). Pub. L. 98–617, § 4(a)(2), added cl. (v).

   Enacted provision · exact public law section
   (2) in paragraph (2)(A)— (A) by striking out “and” at the end of clause (iii), (B) by striking out the period at the end of clause (iv) and inserting in lieu thereof and”, and (C) by adding after clause (iv) the following new clause: “(v) with respect to fiscal year 1985, only if the amount appropriated under section 420 for such fiscal year is equal to $266,000,000.”; and

8. 1984

   Pub. L. 98–617 § 4(a)(1)(B) · 98 Stat. 3294

   1. Redesignated · 42 U.S.C. § 674(b)(2)(B)

      Pub. L. 98–617, § 4(a)(1)(B), formerly § 4(a)(1), as redesignated

   2. Amended · 42 U.S.C. § 674(b)(2)(B)

      Pub. L. 98–617, § 4(a)(1)(B), formerly § 4(a)(1), as amended by Pub. L. 101–239, § 10403(c)(1)

   3. Substituted · 42 U.S.C. § 674(b)(2)(B)

      Pub. L. 98–617, § 4(a)(1)(B), formerly § 4(a)(1), as substituted “1981 through 1985” for “1982 through 1984”

   Source evidence

   Code amendment note
   Subsec. (b)(2)(B). Pub. L. 98–617, § 4(a)(1)(B), formerly § 4(a)(1), as redesignated and amended by Pub. L. 101–239, § 10403(c)(1), substituted “1981 through 1985” for “1982 through 1984”.

   Enacted provision · exact public law section
   (1) in paragraphs (1), (2)(B), and (4)(B), by striking out “1981 through 1984” and inserting in lieu thereof “1981 through 1985”;

9. 1984

   Pub. L. 98–617 § 4(a)(1)(A) · 98 Stat. 3294

   1. Redesignated · 42 U.S.C. § 674(b)(4)(B)

      Pub. L. 98–617, § 4(a)(1)(A), formerly § 4(a)(1), as redesignated

   2. Amended · 42 U.S.C. § 674(b)(4)(B)

      Pub. L. 98–617, § 4(a)(1)(A), formerly § 4(a)(1), as amended by Pub. L. 101–239, § 10403(c)(1)

   3. Substituted · 42 U.S.C. § 674(b)(4)(B)

      Pub. L. 98–617, § 4(a)(1)(A), formerly § 4(a)(1), as substituted “1985” for “1984” after “1981 through”

   Source evidence

   Code amendment note
   Subsec. (b)(4)(B). Pub. L. 98–617, § 4(a)(1)(A), formerly § 4(a)(1), as redesignated and amended by Pub. L. 101–239, § 10403(c)(1), substituted “1985” for “1984” after “1981 through”.

   Enacted provision · exact public law section
   (1) in paragraphs (1), (2)(B), and (4)(B), by striking out “1981 through 1984” and inserting in lieu thereof “1981 through 1985”;

10. 1984

    Pub. L. 98–617 § 4(a)(3)(A) · 98 Stat. 3294

    Substituted · 42 U.S.C. § 674(b)(5)(A)

    Pub. L. 98–617, § 4(a)(3)(A), substituted “October 1, 1985” for “October 1, 1984”

    Source evidence

    Code amendment note
    Subsec. (b)(5)(A). Pub. L. 98–617, § 4(a)(3)(A), substituted “October 1, 1985” for “October 1, 1984”.

    Enacted provision · exact public law section
    (A) by striking out “October 1, 1984” and inserting in lieu thereof “October 1, 1985”, and

11. 1984

    Pub. L. 98–617 § 4(a)(3)(B) · 98 Stat. 3294

    Substituted · 42 U.S.C. § 674(b)(5)(A)(ii)

    Pub. L. 98–617, § 4(a)(3)(B), substituted “each of fiscal years 1984 and 1985” for “fiscal year 1984”

    Source evidence

    Code amendment note
    Subsec. (b)(5)(A)(ii). Pub. L. 98–617, § 4(a)(3)(B), substituted “each of fiscal years 1984 and 1985” for “fiscal year 1984”.

    Enacted provision · exact public law section
    (B) by striking out “fiscal year 1984” in clause (ii) and inserting in lieu thereof “each of fiscal years 1984 and 1985”.

12. 1984

    Pub. L. 98–617 § 4(b) · 98 Stat. 3294

    Substituted · 42 U.S.C. § 674(c)(1); 42 U.S.C. § 674(c)(2)

    Pub. L. 98–617, § 4(b), substituted “1985” for “1984” after “1981 through”

    Source evidence

    Code amendment note
    Subsec. (c)(1), (2). Pub. L. 98–617, § 4(b), substituted “1985” for “1984” after “1981 through”.

    Enacted provision · exact public law section
    (b) Section 474(c) of such Act is amended in paragraphs (1) and (2) 42 USC 674. by striking out “1981 through 1984” and inserting in lieu thereof “1981 through 1985”.

13. 1986

    Consolidated Omnibus Budget Reconciliation Act of 1985

    Pub. L. 99–272 § 12307(c)(1) · 100 Stat. 82

    Substituted · 42 U.S.C. § 674(a)(3)

    Pub. L. 99–272, § 12307(c)(1), substituted “; plus” for period at end

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 99–272, § 12307(c)(1), substituted “; plus” for period at end.

    Enacted provision · exact public law section
    (1) by striking out the period at the end of paragraph (3) and inserting in lieu thereof “, plus”; and

14. 1986

    Consolidated Omnibus Budget Reconciliation Act of 1985

    Pub. L. 99–272 § 12307(c)(2) · 100 Stat. 82

    Added · 42 U.S.C. § 674(a)(4)

    Pub. L. 99–272, § 12307(c)(2), added par. (4)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 99–272, § 12307(c)(2), added par. (4).

    Enacted provision · exact public law section
    (2) by adding at the end thereof the following new paragraph: “(4) an amount for transitional independent living programs Ante, p. 294. as provided in section 477.”.

15. 1986

    Consolidated Omnibus Budget Reconciliation Act of 1985

    Pub. L. 99–272 § 12306(a)(1) · 100 Stat. 82

    Substituted · 42 U.S.C. § 674(b)(1)

    Pub. L. 99–272, § 12306(a)(1), substituted “1987” for “1985”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 99–272, § 12306(a)(1), substituted “1987” for “1985”.

    Enacted provision · exact public law section
    (1) in paragraphs (1), (2)(B), and (4)(B), by striking out “1985” and inserting in lieu thereof “1987”;

16. 1986

    Consolidated Omnibus Budget Reconciliation Act of 1985

    Pub. L. 99–272 § 12306(a)(2) · 100 Stat. 82

    1. Substituted · 42 U.S.C. § 674(b)(2)(A)

       Pub. L. 99–272, § 12306(a)(2), substituted in cl. (iii) “each of the fiscal years 1983 through 1987” for “fiscal year 1983”

    2. Struck · 42 U.S.C. § 674(b)(2)(A)

       Pub. L. 99–272, § 12306(a)(2), struck out cls. (iv) and (v) relating to limitations with respect to fiscal years 1984 and 1985, respectively, if the appropriation for each of those years is equal to $266,000,000

    Source evidence

    Code amendment note
    Subsec. (b)(2)(A). Pub. L. 99–272, § 12306(a)(2), substituted in cl. (iii) “each of the fiscal years 1983 through 1987” for “fiscal year 1983”, and struck out cls. (iv) and (v) relating to limitations with respect to fiscal years 1984 and 1985, respectively, if the appropriation for each of those years is equal to $266,000,000.

    Enacted provision · exact public law section
    (2) in paragraph (2)(A)— (A) by inserting “and” at the end of clause (ii), and (B) by striking out clauses (iii), (iv), and (v) and inserting in lieu thereof the following: “(iii) with respect to each of the fiscal years 1983 through 42 USC 620. 1987, only if the amount appropriated under section 420 for such fiscal year is equal to $266,000,000.”; and

17. 1986

    Consolidated Omnibus Budget Reconciliation Act of 1985

    Pub. L. 99–272 § 12306(a)(1) · 100 Stat. 82

    Substituted · 42 U.S.C. § 674(b)(2)(B); 42 U.S.C. § 674(b)(4)(B)

    Pub. L. 99–272, § 12306(a)(1), substituted “1987” for “1985”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(B), (4)(B). Pub. L. 99–272, § 12306(a)(1), substituted “1987” for “1985”.

    Enacted provision · exact public law section
    (1) in paragraphs (1), (2)(B), and (4)(B), by striking out “1985” and inserting in lieu thereof “1987”;

18. 1986

    Consolidated Omnibus Budget Reconciliation Act of 1985

    Pub. L. 99–272 § 12306(a)(3) · 100 Stat. 82

    1. Substituted · 42 U.S.C. § 674(b)(5)(A)

       Pub. L. 99–272, § 12306(a)(3), substituted “October 1, 1987” for “October 1, 1985”

    2. Substituted · 42 U.S.C. § 674(b)(5)(A)

       Pub. L. 99–272, § 12306(a)(3), substituted “1984 through 1987” for “1984 and 1985”

    Source evidence

    Code amendment note
    Subsec. (b)(5)(A). Pub. L. 99–272, § 12306(a)(3), substituted “October 1, 1987” for “October 1, 1985” in introductory provision, and in cl. (ii) substituted “1984 through 1987” for “1984 and 1985”.

    Enacted provision · exact public law section
    (3) in paragraph (5)(A)— (A) by striking out “October 1, 1985” and inserting in lieu thereof “October 1, 1987”, and (B) in clause (ii), by striking out “1984 and 1985” and inserting in lieu thereof “1984 through 1987”.

19. 1986

    Consolidated Omnibus Budget Reconciliation Act of 1985

    Pub. L. 99–272 § 12306(b) · 100 Stat. 82

    Substituted · 42 U.S.C. § 674(c)(1); 42 U.S.C. § 674(c)(2)

    Pub. L. 99–272, § 12306(b), substituted “1987” for “1985”

    Source evidence

    Code amendment note
    Subsec. (c)(1), (2). Pub. L. 99–272, § 12306(b), substituted “1987” for “1985”.

    Enacted provision · exact public law section
    (b) Paragraphs (1) and (2) of section 474(c) of such Act are each amended by striking out “1985” and inserting in lieu thereof “1987”.

20. 1986

    Tax Reform Act of 1986

    Pub. L. 99–514 title XVIII § 1883(b)(9) · 100 Stat. 2085

    Changed · 42 U.S.C. § 674(a)(4)

    Pub. L. 99–514 realigned margins of par. (4)

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 99–514 realigned margins of par. (4).

    Enacted provision · exact public law section
    (9) Section 474(a) of such Act is amended by moving paragraph (4) two ems to the left, so that its left margin is in flush alignment with the margins of the preceding paragraphs.

21. 1987

    Pub. L. 100–203 § 9132(a)(1) · 101 Stat. 1330

    Substituted · 42 U.S.C. § 674(b)(1); 42 U.S.C. § 674(2)(A)(iii); 42 U.S.C. § 674(b)(B); 42 U.S.C. § 674(4)(B)

    Pub. L. 100–203, § 9132(a)(1), substituted “through 1989” for “through 1987”

    Source evidence

    Code amendment note
    Subsec. (b)(1), (2)(A)(iii), (B), (4)(B). Pub. L. 100–203, § 9132(a)(1), substituted “through 1989” for “through 1987”.

    Enacted provision · exact public law section
    (1) in paragraphs (1), (2)(A)(iii), (2)(B), (4)(B), and (5)(A)(ii) of subsection (b), by striking “through 1987” and inserting “through 1989”;

22. 1987

    Pub. L. 100–203 § 9132(a)(1) · 101 Stat. 1330

    1. Substituted · 42 U.S.C. § 674(b)(5)(A)

       Pub. L. 100–203, § 9132(a)(1), (2), substituted “October 1, 1989” for “October 1, 1987” in cl. (ii)

    2. Substituted · 42 U.S.C. § 674(b)(5)(A)

       Pub. L. 100–203, § 9132(a)(1), (2), substituted “through 1989” for “through 1987” in cl. (ii)

    Source evidence

    Code amendment note
    Subsec. (b)(5)(A). Pub. L. 100–203, § 9132(a)(1), (2), substituted “October 1, 1989” for “October 1, 1987” in introductory provisions and “through 1989” for “through 1987” in cl. (ii).

    Enacted provision · exact public law section
    (1) in paragraphs (1), (2)(A)(iii), (2)(B), (4)(B), and (5)(A)(ii) of subsection (b), by striking “through 1987” and inserting “through 1989”;

23. 1987

    Pub. L. 100–203 § 9132(a)(3) · 101 Stat. 1330

    Substituted · 42 U.S.C. § 674(c)(1); 42 U.S.C. § 674(c)(2)

    Pub. L. 100–203, § 9132(a)(3), substituted “through 1989” for “through 1987”

    Source evidence

    Code amendment note
    Subsec. (c)(1), (2). Pub. L. 100–203, § 9132(a)(3), substituted “through 1989” for “through 1987”.

    Enacted provision · exact public law section
    (3) in paragraphs (1) and (2) of subsection (c), by striking “through 1987” and inserting “through 1989”.

24. 1989

    Omnibus Budget Reconciliation Act of 1989

    Pub. L. 101–239 § 8006(a) · 103 Stat. 2106

    1. Added · 42 U.S.C. § 674(a)(3)(B); 42 U.S.C. § 674(a)(3)(C)

       Pub. L. 101–239, § 8006(a), added subpar. (B)

    2. Redesignated · 42 U.S.C. § 674(a)(3)(B); 42 U.S.C. § 674(a)(3)(C)

       Pub. L. 101–239, § 8006(a), redesignated former subpar. (B) as (C)

    Source evidence

    Code amendment note
    Subsec. (a)(3)(B), (C). Pub. L. 101–239, § 8006(a), added subpar. (B) and redesignated former subpar. (B) as (C).

    Enacted provision · exact public law section
    (a) In General.— Section 474(a)(3) (42 U.S.C. 674(a)(3)) is amended— (1) by striking “and” at the end of subparagraph (A); (2) by redesignating subparagraph (B) as subparagraph (C); and (3) by inserting after subparagraph (A) the following: “(B) 75 percent of so much of such expenditures (including travel and per diem expenses) as are for the short-term training of current or prospective foster or adoptive parents and the members of the staff of State-licensed or State-approved child care institutions providing care to foster and adopted children receiving assistance under this part, in ways that increase the ability of such current or prospective parents, staff members, and institutions to provide support and assistance to foster and adopted children, whether incurred directly by the State or by contract, and”.

25. 1989

    Omnibus Budget Reconciliation Act of 1989

    Pub. L. 101–239 § 8002(c) · 103 Stat. 2106

    Amended · 42 U.S.C. § 674(a)(4)

    Pub. L. 101–239, § 8002(c), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “an amount for transitional independent living programs as provided in section 677 of this title.”

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 101–239, § 8002(c), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “an amount for transitional independent living programs as provided in section 677 of this title.”

    Enacted provision · exact public law section
    (c) Matching Payments to States.— Section 474(a)(4) (42 U.S.C. 674(a)(4)) is amended to read as follows: “(4) an amount equal to the sum of— “(A) so much of the amounts expended by such State to carry out programs under section 477 as do not exceed the basic amount for such State determined under section 477(e)(1); and “(B) the lesser of— “(i) one-half of any additional amounts expended by such State for such programs; or “(ii) the maximum additional amount for such State under such section 477(e)(1).”.

26. 1989

    Miscellaneous and Technical Social Security Act Amendments of 1989

    Pub. L. 101–239 § 10403(c)(1) · 103 Stat. 2106

    Amended · 42 U.S.C. § 674(b)(1)

    Pub. L. 101–239, § 10403(c)(1), amended Pub. L. 98–617, § 4(a)(1), see 1984 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 101–239, § 10403(c)(1), amended Pub. L. 98–617, § 4(a)(1), see 1984 Amendment note below.

    Enacted provision · exact public law section
    (1) Correction.— Section 4(a)(1) of Public Law 98–617 is amended to read as follows: “(1) (A) in paragraphs (1) and (4)(B), by striking out ‘1981 through 1984’ and inserting in lieu thereof ‘1981 through 1985’; and “(B) in paragraph (2)(B), by striking out ‘1982 through 1984’ and inserting in lieu thereof ‘1981 through 1985’.”.

27. 1989

    Omnibus Budget Reconciliation Act of 1989

    Pub. L. 101–239 § 8001(a) · 103 Stat. 2106

    Substituted · 42 U.S.C. § 674(b)(1)

    Pub. L. 101–239, § 8001(a), substituted “through 1992” for “through 1989”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 101–239, § 8001(a), substituted “through 1992” for “through 1989”.

    Enacted provision · exact public law section
    (a) 3-Year Extension.— Subsections (b)(1), (b)(2)(B), (b)(4)(B), (b)(5)(A), (b)(5)(A)(ü), (c)(1), and (c)(2) of section 474 (42 U.S.C. 674) are each amended by striking “1989” and inserting “1992”.

28. 1989

    Miscellaneous and Technical Social Security Act Amendments of 1989

    Pub. L. 101–239 § 10402(a) · 103 Stat. 2106

    Added · 42 U.S.C. § 674(b)(2)(A)(iv)

    Pub. L. 101–239, § 10402(a), added cl. (iv)

    Source evidence

    Code amendment note
    Subsec. (b)(2)(A)(iv). Pub. L. 101–239, § 10402(a), added cl. (iv).

    Enacted provision · exact public law section
    (a) Permanent Increase in Appropriations Level Which Triggers Foster Care Ceiling.— Section 474(b)(2)(A) of the Social Security Act (42 U.S.C. 674(b)(2)(A)) is amended— (1) by striking “and” at the end of clause (ii); (2) by striking the period at the end of clause (iii) and inserting “; and”; and (3) by adding at the end the following new clause: “(iv) with respect to each fiscal year succeeding the fiscal year 1989, only if $325,000,000 is appropriated under section 420 for such succeeding fiscal year.”.

29. 1989

    Miscellaneous and Technical Social Security Act Amendments of 1989

    Pub. L. 101–239 § 10403(c)(1) · 103 Stat. 2106

    Amended · 42 U.S.C. § 674(b)(2)(B)

    Pub. L. 101–239, § 10403(c)(1), amended Pub. L. 98–617, § 4(a)(1), see 1984 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (b)(2)(B). Pub. L. 101–239, § 10403(c)(1), amended Pub. L. 98–617, § 4(a)(1), see 1984 Amendment note below.

    Enacted provision · exact public law section
    (1) Correction.— Section 4(a)(1) of Public Law 98–617 is amended to read as follows: “(1) (A) in paragraphs (1) and (4)(B), by striking out ‘1981 through 1984’ and inserting in lieu thereof ‘1981 through 1985’; and “(B) in paragraph (2)(B), by striking out ‘1982 through 1984’ and inserting in lieu thereof ‘1981 through 1985’.”.

30. 1989

    Omnibus Budget Reconciliation Act of 1989

    Pub. L. 101–239 § 8001(a) · 103 Stat. 2106

    Substituted · 42 U.S.C. § 674(b)(2)(B)

    Pub. L. 101–239, § 8001(a), substituted “through 1992” for “through 1989”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 101–239, § 8001(a), substituted “through 1992” for “through 1989”.

    Enacted provision · exact public law section
    (a) 3-Year Extension.— Subsections (b)(1), (b)(2)(B), (b)(4)(B), (b)(5)(A), (b)(5)(A)(ü), (c)(1), and (c)(2) of section 474 (42 U.S.C. 674) are each amended by striking “1989” and inserting “1992”.

31. 1989

    Miscellaneous and Technical Social Security Act Amendments of 1989

    Pub. L. 101–239 § 10403(c)(1) · 103 Stat. 2106

    Amended · 42 U.S.C. § 674(b)(4)(B)

    Pub. L. 101–239, § 10403(c)(1), amended Pub. L. 98–617, § 4(a)(1), see 1984 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (b)(4)(B). Pub. L. 101–239, § 10403(c)(1), amended Pub. L. 98–617, § 4(a)(1), see 1984 Amendment note below.

    Enacted provision · exact public law section
    (1) Correction.— Section 4(a)(1) of Public Law 98–617 is amended to read as follows: “(1) (A) in paragraphs (1) and (4)(B), by striking out ‘1981 through 1984’ and inserting in lieu thereof ‘1981 through 1985’; and “(B) in paragraph (2)(B), by striking out ‘1982 through 1984’ and inserting in lieu thereof ‘1981 through 1985’.”.

32. 1989

    Omnibus Budget Reconciliation Act of 1989

    Pub. L. 101–239 § 8001(a) · 103 Stat. 2106

    Substituted · 42 U.S.C. § 674(b)(4)(B)

    Pub. L. 101–239, § 8001(a), substituted “through 1992” for “through 1989”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 101–239, § 8001(a), substituted “through 1992” for “through 1989”.

    Enacted provision · exact public law section
    (a) 3-Year Extension.— Subsections (b)(1), (b)(2)(B), (b)(4)(B), (b)(5)(A), (b)(5)(A)(ü), (c)(1), and (c)(2) of section 474 (42 U.S.C. 674) are each amended by striking “1989” and inserting “1992”.

33. 1989

    Omnibus Budget Reconciliation Act of 1989

    Pub. L. 101–239 § 8001(a) · 103 Stat. 2106

    Substituted · 42 U.S.C. § 674(b)(5)(A)

    Pub. L. 101–239, § 8001(a), substituted “1992” for “1989” in introductory provisions and in cl. (ii)

    Source evidence

    Code amendment note
    Subsec. (b)(5)(A). Pub. L. 101–239, § 8001(a), substituted “1992” for “1989” in introductory provisions and in cl. (ii).

    Enacted provision · exact public law section
    (a) 3-Year Extension.— Subsections (b)(1), (b)(2)(B), (b)(4)(B), (b)(5)(A), (b)(5)(A)(ü), (c)(1), and (c)(2) of section 474 (42 U.S.C. 674) are each amended by striking “1989” and inserting “1992”.

34. 1989

    Omnibus Budget Reconciliation Act of 1989

    Pub. L. 101–239 § 8001(a) · 103 Stat. 2106

    Substituted · 42 U.S.C. § 674(c)(1); 42 U.S.C. § 674(c)(2)

    Pub. L. 101–239, § 8001(a), substituted “through 1992” for “through 1989”

    Source evidence

    Code amendment note
    Subsec. (c)(1), (2). Pub. L. 101–239, § 8001(a), substituted “through 1992” for “through 1989”.

    Enacted provision · exact public law section
    (a) 3-Year Extension.— Subsections (b)(1), (b)(2)(B), (b)(4)(B), (b)(5)(A), (b)(5)(A)(ü), (c)(1), and (c)(2) of section 474 (42 U.S.C. 674) are each amended by striking “1989” and inserting “1992”.

35. 1989

    Miscellaneous and Technical Social Security Act Amendments of 1989

    Pub. L. 101–239 § 10401(a) · 103 Stat. 2106

    Substituted · 42 U.S.C. § 674(c)(4)(B); 42 U.S.C. § 674(c)(4)(C)

    Pub. L. 101–239, § 10401(a), substituted “$325,000,000” for “$266,000,000”

    Source evidence

    Code amendment note
    Subsec. (c)(4)(B), (C). Pub. L. 101–239, § 10401(a), substituted “$325,000,000” for “$266,000,000”.

    Enacted provision · exact public law section
    (a) In General.— Sections 420(a), 427(b), 474(c)(4)(B), and 47 4(c)(4)(C) of the Social Security Act (42 U.S.C. 620(a), 627(b), 674(c)(4)(B), and 674(c)(4)(C)) are each amended by striking “8266,000,000” and inserting “$325,000,000”.

36. 1990

    Omnibus Budget Reconciliation Act of 1990

    Pub. L. 101–508 title V § 5071(a) · 104 Stat. 1388

    Inserted · 42 U.S.C. § 674(a)(3)

    Pub. L. 101–508 inserted “provision of child placement services and for the” before “proper and efficient”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 101–508 inserted “provision of child placement services and for the” before “proper and efficient”.

    Enacted provision · exact public law section
    (a) Reclassification.— Section 474(a)(3) (42 U.S.C. 674(a)(3)) is amended by inserting “provision of child placement services and for the” before “proper and efficient”.

37. 1993

    Omnibus Budget Reconciliation Act of 1993

    Pub. L. 103–66 § 13713(a)(1)(A) · 107 Stat. 312

    Struck · 42 U.S.C. § 674(a)(3)(B)

    Pub. L. 103–66, § 13713(a)(1)(A), struck out “and” at end

    Source evidence

    Code amendment note
    Subsec. (a)(3)(B). Pub. L. 103–66, § 13713(a)(1)(A), struck out “and” at end.

    Enacted provision · exact public law section
    (A) by striking “and” at the end of subparagraph (B);

38. 1993

    Omnibus Budget Reconciliation Act of 1993

    Pub. L. 103–66 § 13713(b)(1) · 107 Stat. 312

    Substituted · 42 U.S.C. § 674(a)(3)(C)

    Pub. L. 103–66, § 13713(b)(1), substituted “50 percent” for “75 percent” in two places in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a)(3)(C). Pub. L. 103–66, § 13713(b)(1), substituted “50 percent” for “75 percent” in two places in introductory provisions.

    Enacted provision · exact public law section
    (1) In general.— Section 474(a)(3)(C) (42 U.S.C. 674(a)(3)(C)), as amended by subsection (a) of this section, is amended by striking “75 percent” each place such term appears and inserting “50 percent”.

39. 1993

    Omnibus Budget Reconciliation Act of 1993

    Pub. L. 103–66 § 13713(a)(1)(C) · 107 Stat. 312

    Redesignated · 42 U.S.C. § 674(a)(3)(C)

    Pub. L. 103–66, § 13713(a)(1)(C), added subpar. (C). Former subpar. (C) redesignated (E)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–66, § 13713(a)(1)(C), added subpar. (C). Former subpar. (C) redesignated (E).

    Enacted provision · exact public law section
    (C) by inserting after subparagraph (B) the following: “(C) 75 percent of so much of such expenditures as are for the planning, design, development, or installation of statewide mechanized data collection and information retrieval systems (including 75 percent of the full amount of expenditures for hardware components for such systems) but only to the extent that such systems— “(i) meet the requirements imposed by regulations promulgated pursuant to section 479(b)(2); “(ii) to the extent practicable, are capable of interfacing with the State data collection system that collects information relating to child abuse and neglect; “(iii) to the extent practicable, have the capability of interfacing with, and retrieving information from, the State data collection system that collects information relating to the eligibility of individuals under part A (for the purposes of facilitating verification of eligibility of foster children); and “(iv) are determined by the Secretary to be likely to provide more efficient, economical, and effective administration of the programs carried out under a State plan approved under part B or this part; and “(D) 50 percent of so much of such expenditures as are for the operation of the statewide mechanized data collection and information retrieval systems referred to in subparagraph (C); and”.

40. 1993

    Omnibus Budget Reconciliation Act of 1993

    Pub. L. 103–66 § 13713(a)(1)(B) · 107 Stat. 312

    1. Added · 42 U.S.C. § 674(a)(3)(D); 42 U.S.C. § 674(a)(3)(E)

       Pub. L. 103–66, § 13713(a)(1)(B), (C), added subpar. (D)

    2. Redesignated · 42 U.S.C. § 674(a)(3)(D); 42 U.S.C. § 674(a)(3)(E)

       Pub. L. 103–66, § 13713(a)(1)(B), (C), redesignated former subpar. (C) as (E)

    Source evidence

    Code amendment note
    Subsec. (a)(3)(D), (E). Pub. L. 103–66, § 13713(a)(1)(B), (C), added subpar. (D) and redesignated former subpar. (C) as (E).

    Enacted provision · exact public law section
    (B) by redesignating subparagraph (C) as subparagraph (E); and

41. 1993

    Omnibus Budget Reconciliation Act of 1993

    Pub. L. 103–66 § 13713(a)(2) · 107 Stat. 312

    Added · 42 U.S.C. § 674(e)

    Pub. L. 103–66, § 13713(a)(2), added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 103–66, § 13713(a)(2), added subsec. (e).

    Enacted provision · exact public law section
    (2) Treatment of state expenditures for data collection and information retrieval systems.— Section 474 (42 U.S.C. 674) is amended by adding at the end the following: “(e) Automated Data Collection Expenditures.—The Secretary shall treat as necessary for the proper and efficient administration of the State plan all expenditures of a State necessary in order for the State to plan, design, develop, install, and operate data collection and information retrieval systems described in subsection (a)(3)(C), without regard to whether the systems may be used with respect to foster or adoptive children other than those on behalf of whom foster care maintenance payments or adoption assistance payments may be made under this part.”.

42. 1994

    Social Security Act Amendments of 1994

    Pub. L. 103–432 § 207(a) · 108 Stat. 4398

    1. Redesignated · 42 U.S.C. § 674(b)

       Pub. L. 103–432, § 207(a), (b)(2), redesignated subsec. (d) as (b)

    2. Struck · 42 U.S.C. § 674(b)

       Pub. L. 103–432, § 207(a), (b)(2), struck out former subsec. (b) which related to maximum aggregate sums payable to any State and State allotments for fiscal years 1981 to 1992

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 103–432, § 207(a), (b)(2), redesignated subsec. (d) as (b) and struck out former subsec. (b) which related to maximum aggregate sums payable to any State and State allotments for fiscal years 1981 to 1992.

    Enacted provision · exact public law section
    (a) Repeal.— Subsections (b) and (c) of section 474 (42 U.S.C. 674 (b) and (c)) are hereby repealed.

43. 1994

    Social Security Act Amendments of 1994

    Pub. L. 103–432 § 210(a) · 108 Stat. 4398

    Added · 42 U.S.C. § 674(b)(4)

    Pub. L. 103–432, § 210(a), added par. (4)

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 103–432, § 210(a), added par. (4).

    Enacted provision · exact public law section
    (a) In General.— Section 474(b) (42 U.S.C. 674(b)), as redesignated by section 207(b)(2), is amended by adding at the end the following: “(4) (A) Within 60 days after receipt of a State claim for expenditures pursuant to subsection (a), the Secretary shall allow, disallow, or defer such claim. “(B) Within 15 days after a decision to defer such a State claim, the Secretary shall notify the State of the reasons for the deferral and of the additional information necessary to determine the allowability of the claim. “(C) Within 90 days after receiving such necessary information (in readily reviewable form), the Secretary shall— “(i) disallow the claim, if able to complete the review and determine that the claim is not allowable, or “(ii) in any other case, allow the claim, subject to disallowance (as necessary)— “(I) upon completion of the review, if it is determined that the claim is not allowable; or “(II) on the basis of findings of an audit or financial management review.”.

44. 1994

    Social Security Act Amendments of 1994

    Pub. L. 103–432 § 207(a) · 108 Stat. 4398

    1. Redesignated · 42 U.S.C. § 674(c)

       Pub. L. 103–432, § 207(a), (b)(2), redesignated subsec. (e) as (c)

    2. Struck · 42 U.S.C. § 674(c)

       Pub. L. 103–432, § 207(a), (b)(2), struck out former subsec. (c) which related to reimbursement for expenditures

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 103–432, § 207(a), (b)(2), redesignated subsec. (e) as (c) and struck out former subsec. (c) which related to reimbursement for expenditures.

    Enacted provision · exact public law section
    (a) Repeal.— Subsections (b) and (c) of section 474 (42 U.S.C. 674 (b) and (c)) are hereby repealed.

45. 1994

    Social Security Act Amendments of 1994

    Pub. L. 103–432 § 207(b)(2) · 108 Stat. 4398

    Redesignated · 42 U.S.C. § 674(d)

    Pub. L. 103–432, § 207(b)(2), redesignated subsec. (d) as (b)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 103–432, § 207(b)(2), redesignated subsec. (d) as (b).

    Enacted provision · exact public law section
    (2) by redesignating subsections (d) and (e) as subsections (b) and (c), respectively.

46. 1994

    Social Security Act Amendments of 1994

    Pub. L. 103–432 § 207(b)(1) · 108 Stat. 4398

    1. Substituted · 42 U.S.C. § 674(d)(1)

       Pub. L. 103–432, § 207(b)(1), substituted “subsection (a) for such quarter” for “subsections (a), (b), and (c) for such quarter”

    2. Substituted · 42 U.S.C. § 674(d)(1)

       Pub. L. 103–432, § 207(b)(1), substituted “subsection (a)” for “the provisions of such subsections”

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 103–432, § 207(b)(1), substituted “subsection (a) for such quarter” for “subsections (a), (b), and (c) for such quarter” and “subsection (a)” for “the provisions of such subsections”.

    Enacted provision · exact public law section
    (1) in subsection (d)(1)— (A) by striking “subsections (a), (b), and (c)” and inserting “subsection (a)”; and (B) by striking “the provisions of such subsections” and inserting “subsection (a)”; and

47. 1994

    Social Security Act Amendments of 1994

    Pub. L. 103–432 § 207(b)(2) · 108 Stat. 4398

    Redesignated · 42 U.S.C. § 674(e)

    Pub. L. 103–432, § 207(b)(2), redesignated subsec. (e) as (c)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 103–432, § 207(b)(2), redesignated subsec. (e) as (c).

    Enacted provision · exact public law section
    (2) by redesignating subsections (d) and (e) as subsections (b) and (c), respectively.

48. 1996

    Small Business Job Protection Act of 1996

    Pub. L. 104–188 title I § 1808(b) · 110 Stat. 1755

    Added · 42 U.S.C. § 674(d)

    Pub. L. 104–188 added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 104–188 added subsec. (d).

    Enacted provision · exact public law section
    (b) Enforcement.— Section 474 of such Act (42 U.S.C. 674) is amended by adding at the end the following: “(d) (1) If, during any quarter of a fiscal year, a State’s program operated under this part is found, as a result of a review conducted under section 1123A, or otherwise, to have violated section 471(a)(18) with respect to a person or to have failed to implement a corrective action plan within a period of time not to exceed 6 months with respect to such violation, then, notwithstanding subsection (a) of this section and any regulations promulgated under section 1123A(b)(3), the Secretary shall reduce the amount otherwise payable to the State under this part, for that fiscal year quarter and for any subsequent quarter of such fiscal year, until the State program is found, as a result of a subsequent review under section 1123A, to have implemented a corrective action plan with respect to such violation, by— “(A) 2 percent of such otherwise payable amount, in the case of the 1st such finding for the fiscal year with respect to the State; “(B) 3 percent of such otherwise payable amount, in the case of the 2nd such finding for the fiscal year with respect to the State; or “(C) 5 percent of such otherwise payable amount, in the case of the 3rd or subsequent such finding for the fiscal year with respect to the State. In imposing the penalties described in this paragraph, the Secretary shall not reduce any fiscal year payment to a State by more than 5 percent. “(2) Any other entity which is in a State that receives funds under this part and which violates section 471(a)(18) during a fiscal year quarter with respect to any person shall remit to the Secretary all funds that were paid by the State to the entity during the quarter from such funds. “(3) (A) Any individual who is aggrieved by a violation of section 471(a)(18) by a State or other entity may bring an action seeking relief from the State or other entity in any United States district court. “(B) An action under this paragraph may not be brought more than 2 years after the date the alleged violation occurred. “(4) This subsection shall not be construed to affect the application of the Indian Child Welfare Act of 1978.”.

49. 1997

    Adoption and Safe Families Act of 1997

    Pub. L. 105–89 title II § 202(b) · 111 Stat. 2115

    Added · 42 U.S.C. § 674(e)

    Pub. L. 105–89 added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 105–89 added subsec. (e).

    Enacted provision · exact public law section
    (b) Condition of Assistance.— Section 474 of such Act (42 U.S.C. 674) is amended by adding at the end the following: “(e) Notwithstanding subsection (a), a State shall not be eligible for any payment under this section if the Secretary finds that, after the date of the enactment of this subsection, the State has— “(1) denied or delayed the placement of a child for adoption when an approved family is available outside of the jurisdiction with responsibility for handling the case of the child; or “(2) failed to grant an opportunity for a fair hearing, as described in section 471(a)(12), to an individual whose allegation of a violation of paragraph (1) of this subsection is denied by the State or not acted upon by the State with reasonable promptness.”.

50. 1998

    An Act to repeal the Medicare and Medicaid Coverage Data Bank

    Pub. L. 105–200 § 410(g) · 112 Stat. 645

    Struck · 42 U.S.C. § 674(a)

    Pub. L. 105–200, § 410(g), struck out “(subject to the limitations imposed by subsection (b) of this section)” after “this part” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 105–200, § 410(g), struck out “(subject to the limitations imposed by subsection (b) of this section)” after “this part” in introductory provisions.

    Enacted provision · exact public law section
    (g) Section 474(a) of the Social Security Act (42 U.S.C. 674(a)) is amended by striking “(subject to the limitations imposed by subsection (b))”.

51. 1998

    Child Support Performance and Incentive Act of 1998

    Pub. L. 105–200 § 301(b) · 112 Stat. 645

    Substituted · 42 U.S.C. § 674(d)(1); 42 U.S.C. § 674(d)(2)

    Pub. L. 105–200, § 301(b), substituted “paragraph (18) or (23) of section 671(a) of this title” for “section 671(a)(18) of this title”

    Source evidence

    Code amendment note
    Subsec. (d)(1), (2). Pub. L. 105–200, § 301(b), substituted “paragraph (18) or (23) of section 671(a) of this title” for “section 671(a)(18) of this title”.

    Enacted provision · exact public law section
    (b) Penalty for Noncompliance.— Section 474(d) of such Act (42 U.S.C. 674(d)) is amended in each of paragraphs (1) and (2) by striking “section 471(a)(18)” and inserting “paragraph (18) or (23) of section 471(a)”.

52. 1998

    Child Support Performance and Incentive Act of 1998

    Pub. L. 105–200 § 301(c) · 112 Stat. 645

    Struck · 42 U.S.C. § 674(e)

    Pub. L. 105–200, § 301(c), struck out subsec. (e) which read as follows: “Notwithstanding subsection (a) of this section, a State shall not be eligible for any payment under this section if the Secretary finds that, after November 19, 1997, the State has—

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 105–200, § 301(c), struck out subsec. (e) which read as follows: “Notwithstanding subsection (a) of this section, a State shall not be eligible for any payment under this section if the Secretary finds that, after November 19, 1997, the State has—

    “(1) denied or delayed the placement of a child for adoption when an approved family is available outside of the jurisdiction with responsibility for handling the case of the child; or “(2) failed to grant an opportunity for a fair hearing, as described in section 671(a)(12) of this title, to an individual whose allegation of a violation of paragraph (1) of this subsection is denied by the State or not acted upon by the State with reasonable promptness.”

    Enacted provision · exact public law section
    (c) Conforming Amendment.— Section 474 of such Act (42 U.S.C. 674) is amended by striking subsection (e).

53. 1999

    Pub. L. 106–169 title I § 101(c) · 113 Stat. 1822

    Amended · 42 U.S.C. § 674(a)(4)

    Pub. L. 106–169 amended par. (4) generally. Prior to amendment, par. (4) read as follows: “an amount equal to the sum of—

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 106–169 amended par. (4) generally. Prior to amendment, par. (4) read as follows: “an amount equal to the sum of—

    “(A) so much of the amounts expended by such State to carry out programs under section 677 of this title as do not exceed the basic amount for such State determined under section 677(e)(1) of this title; and “(B) the lesser of— “(i) one-half of any additional amounts expended by such State for such programs; or “(ii) the maximum additional amount for such State under such section 677(e)(1) of this title.”

    Enacted provision · exact public law section
    (c) Payments to States.— Section 474(a)(4) of such Act (42 U.S.C. 674(a)(4)) is amended to read as follows: “(4) the lesser of— “(A) 80 percent of the amount (if any) by which— “(i) the total amount expended by the State during the fiscal year in which the quarter occurs to carry out programs in accordance with the State application approved under section 477(b) for the period in which the quarter occurs (including any amendment that meets the requirements of section 477(b)(5)); exceeds “(ii) the total amount of any penalties assessed against the State under section 477(e) during the fiscal year in which the quarter occurs; or “(B) the amount allotted to the State under section 477 for the fiscal year in which the quarter occurs, reduced by the total of the amounts payable to the State under this paragraph for all prior quarters in the fiscal year.”.

54. 2002

    Promoting Safe and Stable Families Amendments of 2001

    Pub. L. 107–133 § 201(f)(1) · 115 Stat. 2413

    Amended · 42 U.S.C. § 674(a)(4)

    Pub. L. 107–133, § 201(f)(1), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “the lesser of—

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 107–133, § 201(f)(1), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “the lesser of—

    “(A) 80 percent of the amount (if any) by which— “(i) the total amount expended by the State during the fiscal year in which the quarter occurs to carry out programs in accordance with the State application approved under section 677(b) of this title for the period in which the quarter occurs (including any amendment that meets the requirements of section 677(b)(5) of this title); exceeds “(ii) the total amount of any penalties assessed against the State under section 677(e) of this title during the fiscal year in which the quarter occurs; or “(B) the amount allotted to the State under section 677 of this title for the fiscal year in which the quarter occurs, reduced by the total of the amounts payable to the State under this paragraph for all prior quarters in the fiscal year.”

    Enacted provision · exact public law section
    (1) In general.— Section 474(a)(4) (42 U.S.C. 674(a)(4)) is amended to read as follows: “(4) an amount equal to the amount (if any) by which— “(A) the lesser of— “(i) 80 percent of the amounts expended by the State during the fiscal year in which the quarter occurs to carry out programs in accordance with the State application approved under section 477(b) for the period in which the quarter occurs (including any amendment that meets the requirements of section 477(b)(5)); or “(ii) the amount allotted to the State under section 477(c)(1) for the fiscal year in which the quarter occurs, reduced by the total of the amounts payable to the State under this paragraph for all prior quarters in the fiscal year; exceeds “(B) the total amount of any penalties assessed against the State under section 477(e) during the fiscal year in which the quarter occurs ” .

55. 2002

    Promoting Safe and Stable Families Amendments of 2001

    Pub. L. 107–133 § 201(f)(2) · 115 Stat. 2413

    Added · 42 U.S.C. § 674(e)

    Pub. L. 107–133, § 201(f)(2), added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 107–133, § 201(f)(2), added subsec. (e).

    Enacted provision · exact public law section
    (2) Discretionary grants.— Section 474 (42 U.S.C. 674) is amended by adding at the end the following: “(e) Discretionary Grants for Educational and Training Vouchers for Youths Aging out of Foster Care.— From amounts appropriated pursuant to section 477(h)(2), the Secretary may make a grant to a State with a plan approved under this part, for a calendar quarter, in an amount equal to the lesser of— “(1) 80 percent of the amounts expended by the State during the quarter to carry out programs for the purposes described in section 477(a)(6); or “(2) the amount, if any, allotted to the State under section 477(c)(3) for the fiscal year in which the quarter occurs, reduced by the total of the amounts payable to the State under this subsection for such purposes for all prior quarters in the fiscal year ” .

56. 2003

    Adoption Promotion Act of 2003

    Pub. L. 108–145 § 4 · 117 Stat. 1879

    Added · 42 U.S.C. § 674(f)

    Pub. L. 108–145 added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 108–145 added subsec. (f).

    Enacted provision · exact public law section
    SEC. 4. AUTHORITY TO IMPOSE PENALTIES FOR FAILURE TO SUBMIT AFCARS REPORT.   Section 474 of the Social Security Act (42 U.S.C. 674) is amended by adding at the end the following: “(f) (1) Deadlines. Notification. If the Secretary finds that a State has failed to submit to the Secretary data, as required by regulation, for the data collection system implemented under section 479, the Secretary shall, within 30 days after the date by which the data was due to be so submitted, notify the State of the failure and that payments to the State under this part will be reduced if the State fails to submit the data, as so required, within 6 months after the date the data was originally due to be so submitted. “(2) If the Secretary finds that the State has failed to submit the data, as so required, by the end of the 6-month period referred to in paragraph (1) of this subsection, then, notwithstanding subsection (a) of this section and any regulations promulgated under section 1123A(b)(3), the Secretary shall reduce the amounts otherwise payable to the State under this part, for each quarter ending in the 6-month period (and each quarter ending in each subsequent consecutively occurring 6-month period until the Secretary finds that the State has submitted the data, as so required), by— “(A) ⅙ of 1 percent of the total amount expended by the State for administration of foster care activities under the State plan approved under this part in the quarter so ending, in the case of the 1st 6-month period during which the failure continues; or “(B) ¼ of 1 percent of the total amount so expended, in the case of the 2nd or any subsequent such 6-month period.” .

57. 2006

    Deficit Reduction Act of 2005

    Pub. L. 109–171 title VII § 7403(b) · 120 Stat. 4

    Inserted · 42 U.S.C. § 674(a)(3)

    Pub. L. 109–171 inserted “subject to section 672(i) of this title” before “an amount equal to” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 109–171 inserted “subject to section 672(i) of this title” before “an amount equal to” in introductory provisions.

    Enacted provision · exact public law section
    (b) Conforming Amendment.— Section 474(a)(3) (42 U.S.C. 674(a)(3)) is amended by inserting “subject to section 472(i)” before “an amount equal to”.

58. 2008

    Medicare Improvements for Patients and Providers Act of 2008

    Pub. L. 110–275 title III § 302(a) · 122 Stat. 2494

    Substituted · 42 U.S.C. § 674(a)(1); 42 U.S.C. § 674(a)(2)

    Pub. L. 110–275 substituted “(which shall be as defined in section 1396d(b) of this title, in the case of a State other than the District of Columbia, or 70 percent, in the case of the District of Columbia)” for “(as defined in section 1396d(b) of this title)”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 110–275 substituted “(which shall be as defined in section 1396d(b) of this title, in the case of a State other than the District of Columbia, or 70 percent, in the case of the District of Columbia)” for “(as defined in section 1396d(b) of this title)”.

    Enacted provision · exact public law section
    (a) In General.— Section 474(a) of the Social Security Act (42 U.S.C. 674(a)) is amended in each of paragraphs (1) and (2) by striking “(as defined in section 1905(b) of this Act)” and inserting “(which shall be as defined in section 1905(b), in the case of a State other than the District of Columbia, or 70 percent, in the case of the District of Columbia)”.

59. 2008

    Fostering Connections to Success and Increasing Adoptions Act of 2008

    Pub. L. 110–351 § 301(c)(2) · 122 Stat. 3949

    Inserted · 42 U.S.C. § 674(a)(1); 42 U.S.C. § 674(a)(2)

    Pub. L. 110–351, § 301(c)(2), inserted “(or, with respect to such payments made during such quarter under a cooperative agreement or contract entered into by the State and an Indian tribe, tribal organization, or tribal consortium for the administration or payment of funds under this part, an amount equal to the Federal medical assistance percentage that would apply under section 679c(d) of this title (in this paragraph referred to as the ‘tribal FMAP’) if such Indian tribe, tribal organization, or tribal consortium made such payments under a program operated under that section, unless the tribal FMAP is less than the Federal medical assistance percentage that applies to the State)” before semicolon

    Source evidence

    Code amendment note
    Subsec. (a)(1), (2). Pub. L. 110–351, § 301(c)(2), inserted “(or, with respect to such payments made during such quarter under a cooperative agreement or contract entered into by the State and an Indian tribe, tribal organization, or tribal consortium for the administration or payment of funds under this part, an amount equal to the Federal medical assistance percentage that would apply under section 679c(d) of this title (in this paragraph referred to as the ‘tribal FMAP’) if such Indian tribe, tribal organization, or tribal consortium made such payments under a program operated under that section, unless the tribal FMAP is less than the Federal medical assistance percentage that applies to the State)” before semicolon.

    Enacted provision · exact public law section
    (2) Application of tribal federal matching rate to cooperative agreements or contracts between state or tribes.— Paragraphs (1) and (2) of section 474(a) of such Act (42 U.S.C. 674(a)) are each amended by inserting “(or, with respect to such payments made during such quarter under a cooperative agreement or contract entered into by the State and an Indian tribe, tribal organization, or tribal consortium for the administration or payment of funds under this part, an amount equal to the Federal medical assistance percentage that would apply under section 479B(d) (in this paragraph referred to as the ‘tribal FMAP’) if such Indian tribe, tribal organization, or tribal consortium made such payments under a program operated under that section, unless the tribal FMAP is less than the Federal medical assistance percentage that applies to the State)” before the semicolon.

60. 2008

    Fostering Connections to Success and Increasing Adoptions Act of 2008

    Pub. L. 110–351 § 203(a) · 122 Stat. 3949

    1. Inserted · 42 U.S.C. § 674(a)(3)(B)

       Pub. L. 110–351, § 203(a), inserted “or relative guardians” after “adoptive parents”

    2. Substituted · 42 U.S.C. § 674(a)(3)(B)

       Pub. L. 110–351, § 203(a), substituted “, the members” for “and the members”

    3. Inserted · 42 U.S.C. § 674(a)(3)(B)

       Pub. L. 110–351, § 203(a), inserted “, or State-licensed or State-approved child welfare agencies providing services,” after “providing care”

    4. Struck · 42 U.S.C. § 674(a)(3)(B)

       Pub. L. 110–351, § 203(a), struck out “foster and adopted” before “children receiving assistance”

    5. Inserted · 42 U.S.C. § 674(a)(3)(B)

       Pub. L. 110–351, § 203(a), inserted “and members of the staff of abuse and neglect courts, agency attorneys, attorneys representing children or parents, guardians ad litem, or other court-appointed special advocates representing children in proceedings of such courts,” after “part,”

    6. Inserted · 42 U.S.C. § 674(a)(3)(B)

       Pub. L. 110–351, § 203(a), inserted “guardians,” before “staff members,”

    7. Substituted · 42 U.S.C. § 674(a)(3)(B)

       Pub. L. 110–351, § 203(a), substituted “institutions, attorneys, and advocates” for “and institutions”

    8. Inserted · 42 U.S.C. § 674(a)(3)(B)

       Pub. L. 110–351, § 203(a), inserted “and children living with relative guardians” before “, whether incurred directly”

    Source evidence

    Code amendment note
    Subsec. (a)(3)(B). Pub. L. 110–351, § 203(a), inserted “or relative guardians” after “adoptive parents”, substituted “, the members” for “and the members”, inserted “, or State-licensed or State-approved child welfare agencies providing services,” after “providing care”, struck out “foster and adopted” before “children receiving assistance”, inserted “and members of the staff of abuse and neglect courts, agency attorneys, attorneys representing children or parents, guardians ad litem, or other court-appointed special advocates representing children in proceedings of such courts,” after “part,”, inserted “guardians,” before “staff members,”, substituted “institutions, attorneys, and advocates” for “and institutions”, and inserted “and children living with relative guardians” before “, whether incurred directly”.

    Enacted provision · exact public law section
    (a) In General.— Section 474(a)(3)(B) of the Social Security Act (42 U.S.C. 674(a)(3)(B)) is amended— (1) by inserting “or relative guardians” after “adoptive parents”; (2) by striking “and the members” and inserting “, the members”; (3) by inserting “, or State-licensed or State-approved child welfare agencies providing services,” after “providing care”; (4) by striking “foster and adopted” the 1st place it appears; (5) by inserting “and members of the staff of abuse and neglect courts, agency attorneys, attorneys representing children or parents, guardians ad litem, or other court-appointed special advocates representing children in proceedings of such courts,” after “part,”; (6) by inserting “guardians,” before “staff members,”; (7) by striking “and institutions” and inserting “institutions, attorneys, and advocates”; and (8) by inserting “and children living with relative guardians” after “foster and adopted children” the 2nd place it appears.

61. 2008

    Fostering Connections to Success and Increasing Adoptions Act of 2008

    Pub. L. 110–351 § 101(c)(3)(A) · 122 Stat. 3949

    Substituted · 42 U.S.C. § 674(a)(4)

    Pub. L. 110–351, § 101(c)(3)(A), substituted “; plus” for period at end

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 110–351, § 101(c)(3)(A), substituted “; plus” for period at end.

    Enacted provision · exact public law section
    (A) by striking the period at the end and inserting “; plus”; and

62. 2008

    Fostering Connections to Success and Increasing Adoptions Act of 2008

    Pub. L. 110–351 § 101(c)(3)(B) · 122 Stat. 3949

    Added · 42 U.S.C. § 674(a)(5)

    Pub. L. 110–351, § 101(c)(3)(B), added par. (5)

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 110–351, § 101(c)(3)(B), added par. (5).

    Enacted provision · exact public law section
    (B) by adding at the end the following: “(5) an amount equal to the percentage by which the expenditures referred to in paragraph (2) of this subsection are reimbursed of the total amount expended during such quarter as kinship guardianship assistance payments under section 473(d) pursuant to kinship guardianship assistance agreements.” .

63. 2008

    Fostering Connections to Success and Increasing Adoptions Act of 2008

    Pub. L. 110–351 § 101(d) · 122 Stat. 3949

    Added · 42 U.S.C. § 674(g)

    Pub. L. 110–351, § 101(d), added subsec. (g)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 110–351, § 101(d), added subsec. (g).

    Enacted provision · exact public law section
    (d) Continued Services Under Waiver.— Section 474 of such Act (42 U.S.C. 674) is amended by adding at the end the following: “(g) For purposes of this part, after the termination of a demonstration project relating to guardianship conducted by a State under section 1130, the expenditures of the State for the provision, to children who, as of September 30, 2008, were receiving assistance or services under the project, of the same assistance and services under the same terms and conditions that applied during the conduct of the project, are deemed to be expenditures under the State plan approved under this part.” .

64. 2018

    Bipartisan Budget Act of 2018

    Pub. L. 115–123 § 50741(a)(2) · 132 Stat. 64

    Substituted · 42 U.S.C. § 674(a)(1)

    Pub. L. 115–123, § 50741(a)(2), substituted “subsections (j) and (k) of section 672 of this title” for “section 672(j) of this title”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 115–123, § 50741(a)(2), substituted “subsections (j) and (k) of section 672 of this title” for “section 672(j) of this title”.

    Enacted provision · exact public law section
    (2) Conforming amendment.— Section 474(a)(1) of the Social Security Act (42 U.S.C. 674(a)(1)), as amended by section 50712(b), is amended by striking “section 472(j)” and inserting “subsections (j) and (k) of section 472”.

65. 2018

    Bipartisan Budget Act of 2018

    Pub. L. 115–123 § 50712(b) · 132 Stat. 64

    Inserted · 42 U.S.C. § 674(a)(1)

    Pub. L. 115–123, § 50712(b), inserted “subject to section 672(j) of this title,” before “an amount equal to the Federal” the first place appearing

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 115–123, § 50712(b), inserted “subject to section 672(j) of this title,” before “an amount equal to the Federal” the first place appearing.

    Enacted provision · exact public law section
    (b) Conforming Amendment.— Section 474(a)(1) of such Act (42 U.S.C. 674(a)(1)) is amended by inserting “subject to section 472(j),” before “an amount equal to the Federal” the first place it appears.

66. 2018

    Bipartisan Budget Act of 2018

    Pub. L. 115–123 § 50711(c)(1) · 132 Stat. 64

    Substituted · 42 U.S.C. § 674(a)(5)

    Pub. L. 115–123, § 50711(c)(1), substituted “; plus” for period at end

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 115–123, § 50711(c)(1), substituted “; plus” for period at end.

    Enacted provision · exact public law section
    (1) in paragraph (5), by striking the period at the end and inserting “; plus”; and

67. 2018

    Bipartisan Budget Act of 2018

    Pub. L. 115–123 § 50713(1) · 132 Stat. 64

    Substituted · 42 U.S.C. § 674(a)(6)

    Pub. L. 115–123, § 50713(1), substituted “; plus” for period at end

    Source evidence

    Code amendment note
    Subsec. (a)(6). Pub. L. 115–123, § 50713(1), substituted “; plus” for period at end.

    Enacted provision · exact public law section
    (1) in paragraph (6), by striking the period at the end and inserting “; plus”; and

68. 2018

    Bipartisan Budget Act of 2018

    Pub. L. 115–123 § 50711(c)(2) · 132 Stat. 64

    Added · 42 U.S.C. § 674(a)(6)

    Pub. L. 115–123, § 50711(c)(2), added par. (6)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 115–123, § 50711(c)(2), added par. (6).

    Enacted provision · exact public law section
    (2) by adding at the end the following: “(6) subject to section 471(e)— “(A) for each quarter— “(i) subject to clause (ii)— “(I) beginning after September 30, 2019, and before October 1, 2026, an amount equal to 50 percent of the total amount expended during the quarter for the provision of services or programs specified in subparagraph (A) or (B) of section 471(e)(1) that are provided in accordance with promising, supported, or well-supported practices that meet the applicable criteria specified for the practices in section 471(e)(4)(C); and “(II) beginning after September 30, 2026, an amount equal to the Federal medical assistance percentage (which shall be as defined in section 1905(b), in the case of a State other than the District of Columbia, or 70 percent, in the case of the District of Columbia) of the total amount expended during the quarter for the provision of services or programs specified in subparagraph (A) or (B) of section 471(e)(1) that are provided in accordance with promising, supported, or well-supported practices that meet the applicable criteria specified for the practices in section 471(e)(4)(C) (or, with respect to the payments made during the quarter under a cooperative agreement or contract entered into by the State and an Indian tribe, tribal organization, or tribal consortium for the administration or payment of funds under this part, an amount equal to the Federal medical assistance percentage that would apply under section 479B(d) (in this paragraph referred to as the ‘tribal FMAP’) if the Indian tribe, tribal organization, or tribal consortium made the payments under a program operated under that section, unless the tribal FMAP is less than the Federal medical assistance percentage that applies to the State); except that “(ii) not less than 50 percent of the total amount expended by a State under clause (i) for a fiscal year shall be for the provision of services or programs specified in subparagraph (A) or (B) of section 471(e)(1) that are provided in accordance with well-supported practices; plus “(B) for each quarter specified in subparagraph (A), an amount equal to the sum of the following proportions of the total amount expended during the quarter— “(i) 50 percent of so much of the expenditures as are found necessary by the Secretary for the proper and efficient administration of the State plan for the provision of services or programs specified in section 471(e)(1), including expenditures for activities approved by the Secretary that promote the development of necessary processes and procedures to establish and implement the provision of the services and programs for individuals who are eligible for the services and programs and expenditures attributable to data collection and reporting; and “(ii) 50 percent of so much of the expenditures with respect to the provision of services and programs specified in section 471(e)(1) as are for training of personnel employed or preparing for employment by the State agency or by the local agency administering the plan in the political subdivision and of the members of the staff of State-licensed or State-approved child welfare agencies providing services to children described in section 471(e)(2) and their parents or kin caregivers, including on how to determine who are individuals eligible for the services or programs, how to identify and provide appropriate services and programs, and how to oversee and evaluate the ongoing appropriateness of the services and programs.” .

69. 2018

    Bipartisan Budget Act of 2018

    Pub. L. 115–123 § 50713(2) · 132 Stat. 64

    Added · 42 U.S.C. § 674(a)(7)

    Pub. L. 115–123, § 50713(2), added par. (7)

    Source evidence

    Code amendment note
    Subsec. (a)(7). Pub. L. 115–123, § 50713(2), added par. (7).

    Enacted provision · exact public law section
    (2) by adding at the end the following: “(7) an amount equal to 50 percent of the amounts expended by the State during the quarter as the Secretary determines are for kinship navigator programs that meet the requirements described in section 427(a)(1) and that the Secretary determines are operated in accordance with promising, supported, or well-supported practices that meet the applicable criteria specified for the practices in section 471(e)(4)(C), without regard to whether the expenditures are incurred on behalf of children who are, or are potentially, eligible for foster care maintenance payments under this part.” .

70. 2025

    Pub. L. 118–258 title I § 110(b)(3) · 138 Stat. 2961

    Substituted · 42 U.S.C. § 674(a)(7)

    Pub. L. 118–258 substituted “section 627(a) of this title” for “section 627(a)(1) of this title”

    Unresolved: Pub. L. 118–258 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a)(7). Pub. L. 118–258 substituted “section 627(a) of this title” for “section 627(a)(1) of this title”.

    Effective date note
    Amendment by Pub. L. 118–258 effective Oct. 1, 2025, and applicable to payments under this part for calendar quarters beginning on or after such date, with delay permitted if either State legislation or tribal action is required to meet additional requirements, see section 117 of Pub. L. 118–258, set out as a note under section 622 of this title.

91 of 92 references resolved to an enrolled provision · 1 unresolved