42 U.S.C. § 629d — Payments to States

Page 2241 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 629d Amendment by section 4002(b)(1)(B), (D), (2)(V) of Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Congress. EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109–288 effective Oct. 1, 2006, and applicable to payments under this part and part E of this subchapter for calendar quarters beginning on or after such date, without regard to whether imple- menting regulations have been promulgated, and with delay permitted if State legislation is required to meet additional requirements, see section 12(a), (b) of Pub. L. 109–288, set out as a note under section 621 of this title. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–133 effective Jan. 17, 2002, with delay permitted if State legislation is required, see section 301 of Pub. L. 107–133, set out as a note under section 629 of this title. § 629d. Payments to States (a) Entitlement Each State that has a plan approved under section 629b of this title shall, subject to sub- section (d), be entitled to payment of the sum of— (1) the lesser of— (A) 75 percent of the total expenditures by the State for activities under the plan dur- ing the fiscal year or the immediately suc- ceeding fiscal year; or (B) the allotment of the State under sub- section (a), (b), or (c) of section 629c of this title, whichever is applicable, for the fiscal year; and (2) the lesser of— (A) 75 percent of the total expenditures by the State in accordance with section 629f(b)(4)(B) of this title during the fiscal year or the immediately succeeding fiscal year; or (B) the allotment of the State under sec- tion 629c(e) of this title for the fiscal year. (b) Prohibitions (1) No use of other Federal funds for State match Each State receiving an amount paid under subsection (a) may not expend any Federal funds to meet the costs of services under the State plan under section 629b of this title not covered by the amount so paid. (2) Availability of funds A State may not expend any amount paid under subsection (a) for any fiscal year after the end of the immediately succeeding fiscal year. (c) Direct payments to tribal organizations of In- dian tribes or tribal consortia The Secretary shall pay any amount to which an Indian tribe or tribal consortium is entitled under this section directly to the tribal organi- zation of the Indian tribe or in the case of a pay- ment to a tribal consortium, such tribal organi- zations of, or entity established by, the Indian tribes that are part of the consortium as the consortium shall designate. (d) Limitation on reimbursement for administra- tive costs The Secretary shall not make a payment to a State under this section with respect to expendi- tures for administrative costs during a fiscal year, to the extent that the total amount of the expenditures exceeds 10 percent of the total ex- penditures of the State during the fiscal year under the State plan approved under section 629b of this title. (Aug. 14, 1935, ch. 531, title IV, § 434, as added Pub. L. 103–66, title XIII, § 13711(a)(2), Aug. 10, 1993, 107 Stat. 653; amended Pub. L. 107–133, title I, § 104, Jan. 17, 2002, 115 Stat. 2415; Pub. L. 109–288, §§ 3(f)(1), 4(a)(3), 5(b)(3)(B), Sept. 28, 2006, 120 Stat. 1236, 1237, 1243; Pub. L. 118–258, title I, § 115(b)(2)(C), Jan. 4, 2025, 138 Stat. 2969.) AMENDMENT OF SUBSECTION (a)(2)(A) Pub. L. 118–258, title I, §§ 115(b)(2)(C), 117, Jan. 4, 2025, 138 Stat. 2969, provided that, effec- tive Oct. 1, 2025, and applicable to payments under this part for calendar quarters beginning on or after such date, with delay permitted if ei- ther State legislation or tribal action is required to meet additional requirements, subsection (a)(2)(A) of this section is amended by striking ‘‘629f(b)(4)(B)’’ and inserting ‘‘629f(b)(3)(B)’’. See 2025 Amendment note below. Editorial Notes PRIOR PROVISIONS A prior section 434 of act Aug. 14, 1935, was classified to section 634 of this title prior to repeal by Pub. L. 100–485. AMENDMENTS 2025—Subsec. (a)(2)(A). Pub. L. 118–258 substituted ‘‘629f(b)(3)(B) of this title’’ for ‘‘629f(b)(4)(B) of this title’’. 2006—Subsec. (a). Pub. L. 109–288, § 4(a)(3), substituted ‘‘the sum of—’’ for ‘‘the lesser of—’’ in introductory provisions, added pars. (1) and (2), and struck out former pars. (1) and (2) which read as follows: ‘‘(1) 75 percent of the total expenditures by the State for activities under the plan during the fiscal year or the immediately succeeding fiscal year; or ‘‘(2) the allotment of the State under section 629c of this title for the fiscal year.’’ Pub. L. 109–288, § 3(f)(1)(A), inserted ‘‘, subject to sub- section (d),’’ after ‘‘shall’’ in introductory provisions. Subsec. (c). Pub. L. 109–288, § 5(b)(3)(B), in heading in- serted ‘‘or tribal consortia’’ after ‘‘tribes’’ and in text inserted ‘‘or tribal consortium’’ after ‘‘to which an In- dian tribe’’ and ‘‘or in the case of a payment to a tribal consortium, such tribal organizations of, or entity es- tablished by, the Indian tribes that are part of the con- sortium as the consortium shall designate’’ after ‘‘of the Indian tribe’’. Subsec. (d). Pub. L. 109–288, § 3(f)(1)(B), added subsec. (d). 2002—Subsec. (a). Pub. L. 107–133, § 104(a), struck out par. (1) designation and heading after subsec. heading, substituted ‘‘Each State that has a plan approved under section 629b of this title shall be entitled to pay- ment of the lesser of—’’ for ‘‘Except as provided in paragraph (2) of this subsection, each State which has a plan approved under this subpart shall be entitled to payment of the lesser of—’’, redesignated subpars. (A) and (B) of former par. (1) as pars. (1) and (2), respec- tively, and realigned their margins, and struck out former par. (2) which related to a special rule for fiscal year 1994. Subsec. (b)(1). Pub. L. 107–133, § 104(b)(1), struck out ‘‘paragraph (1) or (2)(B) of’’ after ‘‘amount paid under’’ and substituted ‘‘under the State plan under section 629b of this title’’ for ‘‘described in this subpart’’. Subsec. (b)(2). Pub. L. 107–133, § 104(b)(2), substituted ‘‘subsection (a)’’ for ‘‘subsection (a)(1)’’. Page 2242 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 629e Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2025 AMENDMENT 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. EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109–288, § 3(f)(2), Sept. 28, 2006, 120 Stat. 1236, provided that: ‘‘The amendments made by paragraph (1) [amending this section] shall apply to expenditures made on or after October 1, 2007.’’ Amendment by Pub. L. 109–288 effective Oct. 1, 2006, except as otherwise provided, and applicable to pay- ments under this part and part E of this subchapter for calendar quarters beginning on or after such date, without regard to whether implementing regulations have been promulgated, and with delay permitted if State legislation is required to meet additional require- ments, see section 12(a), (b) of Pub. L. 109–288, set out as a note under section 621 of this title. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–133 effective Jan. 17, 2002, with delay permitted if State legislation is required, see section 301 of Pub. L. 107–133, set out as a note under section 629 of this title. EMERGENCY FUNDING FOR THE MARYLEE ALLEN PROMOTING SAFE AND STABLE FAMILIES PROGRAM Pub. L. 116–260, div. X, § 6, Dec. 27, 2020, 134 Stat. 2413, provided that: ‘‘(a) IN GENERAL.—Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated $85,000,000 to carry out section 436(a) of the Social Security Act [42 U.S.C. 629f(a)] for fiscal year 2021, in addition to any amounts otherwise made available for such purpose. For purposes of section 436(b) of such Act, the amount made available by the preceding sentence shall be considered part of the amount specified in such section 436(a). ‘‘(b) INAPPLICABILITY OF STATE MATCHING REQUIRE- MENT TO ADDITIONAL FUNDS.—In making payments under section 434(a) of the Social Security Act [42 U.S.C. 629d(a)] from the additional funds made avail- able as a result of subsection (a) of this section, the percentage specified in section 434(a)(1) of such Act is deemed to be 100 percent.’’ § 629e. Evaluations; research; technical assist- ance (a) Evaluations (1) In general The Secretary shall evaluate and report to the Congress biennially on the effectiveness of the programs carried out pursuant to this sub- part in accomplishing the purposes of this sub- part, and may evaluate any other Federal, State, or local program, regardless of whether federally assisted, that is designed to achieve the same purposes as the program under this subpart, in accordance with criteria estab- lished in accordance with paragraph (2). (2) Criteria to be used In developing the criteria to be used in eval- uations under paragraph (1), the Secretary shall consult with appropriate parties, such as— (A) State agencies administering programs under this part and part E; (B) persons administering child and family services programs (including family preser- vation and family support programs) for pri- vate, nonprofit organizations with an inter- est in child welfare; and (C) other persons with recognized expertise in the evaluation of child and family serv- ices programs (including family preservation and family support programs) or other re- lated programs. (3) Timing of report Beginning in 2003, the Secretary shall sub- mit the biennial report required by this sub- section not later than April 1 of every other year, and shall include in each such report the funding level, the status of ongoing evalua- tions, findings to date, and the nature of any technical assistance provided to States under subsection (d). (b) Coordination of evaluations The Secretary shall develop procedures to co- ordinate evaluations under this section, to the extent feasible, with evaluations by the States of the effectiveness of programs under this sub- part. (c) Evaluation, research, and technical assist- ance with respect to targeted program re- sources Of the amount reserved under section 629f(b)(1) of this title for a fiscal year, the Secretary shall use not less than— (1) $1,000,000 for evaluations, research, and providing technical assistance with respect to supporting monthly caseworker visits with children who are in foster care under the re- sponsibility of the State, in accordance with section 629f(b)(4)(B)(i) of this title; and (2) $1,000,000 for evaluations, research, and providing technical assistance with respect to grants under section 629g(f) of this title. (d) Technical assistance To the extent funds are available therefor, the Secretary shall provide technical assistance that helps States and Indian tribes or tribal con- sortia to— (1) develop research-based protocols for iden- tifying families at risk of abuse and neglect of use in the field; (2) develop treatment models that address the needs of families at risk, particularly fam- ilies with substance abuse issues; (3) implement programs with well-articu- lated theories of how the intervention will re- sult in desired changes among families at risk; (4) establish mechanisms to ensure that service provision matches the treatment model; and (5) establish mechanisms to ensure that postadoption services meet the needs of the in- dividual families and develop models to reduce the disruption rates of adoption. (e) Family recovery and reunification program replication project (1) Purpose The purpose of this subsection is to provide resources to the Secretary to support the con- duct and evaluation of a family recovery and