42 U.S.C. § 651 — Authorization of appropriations

Page 2272 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 651 Stat. 888; amended Dec. 28, 1971, Pub. L. 92–223, § 3(b)(8), 85 Stat. 808; July 18, 1984, Pub. L. 98–369, div. B, title VI, § 2663(j)(2)(B)(iv), 98 Stat. 1170, related to rules and regu- lations. Section 640, act Aug. 14, 1935, ch. 531, title IV, § 440, as added Jan. 2, 1968, Pub. L. 90–248, title II, § 204(a), 81 Stat. 888, required annual report. Section 641, act Aug. 14, 1935, ch. 531, title IV, § 441, as added Jan. 2, 1968, Pub. L. 90–248, title II, § 204(a), 81 Stat. 888; amended Dec. 28, 1971, Pub. L. 92–223, § 3(b)(9), 85 Stat. 808; July 18, 1984, Pub. L. 98–369, div. B, title VI, § 2663(c)(9), (j)(2)(B)(v), 98 Stat. 1166, 1170, related to evaluation and research. Section 642, act Aug. 14, 1935, ch. 531, title IV, § 442, as added Jan. 2, 1968, Pub. L. 90–248, title II, § 204(a), 81 Stat. 888; amended Dec. 28, 1971, Pub. L. 92–223, § 3(b)(10), 85 Stat. 808, related to technical assistance for pro- viders of employment or training. Section 643, act Aug. 14, 1935, ch. 531, title IV, § 443, as added Jan. 2, 1968, Pub. L. 90–248, title II, § 204(a), 81 Stat. 888; amended Dec. 28, 1971, Pub. L. 92–223, § 3(b)(11), 85 Stat. 808; July 18, 1984, Pub. L. 98–369, div. B, title VI, § 2663(j)(2)(B)(vi), 98 Stat. 1170, related to collection of State share. Section 644, act Aug. 14, 1935, ch. 531, title IV, § 444, as added Jan. 2, 1968, Pub. L. 90–248, title II, § 204(a), 81 Stat. 889; amended Dec. 28, 1971, Pub. L. 92–223, § 3(b)(12), 85 Stat. 808; July 18, 1984, Pub. L. 98–369, div. B, title VI, § 2663(c)(10), (j)(2)(B)(vii), 98 Stat. 1166, 1170, related to agreements with other agencies providing assistance to families of unemployed parents. Section 645, act Aug. 14, 1935, ch. 531, title IV, § 445, as added Aug. 13, 1981, Pub. L. 97–35, title XXIII, § 2309, 95 Stat. 850; amended Sept. 3, 1982, Pub. L. 97–248, title I, § 158(a), (b), 96 Stat. 399; July 18, 1984, Pub. L. 98–369, div. B, title VI, § 2663(c)(11), 98 Stat. 1166; Aug. 22, 1984, Pub. L. 98–396, title I, 98 Stat. 1392, 1393; Oct. 18, 1986, Pub. L. 99–500, § 150, 100 Stat. 1783–352, and Oct. 30, 1986, Pub. L. 99–591, § 150, 100 Stat. 3341–355; July 11, 1988, Pub. L. 100–364, § 2, 102 Stat. 822, related to work incentive dem- onstration program. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1990, with provision for earlier effective dates in case of States making certain changes in their State plans and formally notifying the Secretary of Health and Human Services of their desire to become subject to the amendments by title II of Pub. L. 100–485, at such earlier effective dates, see sec- tion 204(a), (b)(1)(A), of Pub. L. 100–485, set out as an Ef- fective Date of 1988 Amendment note under section 671 of this title. PART D—CHILD SUPPORT AND ESTABLISHMENT OF PATERNITY § 651. Authorization of appropriations For the purpose of enforcing the support obli- gations owed by noncustodial parents to their children and the spouse (or former spouse) with whom such children are living, locating non- custodial parents, establishing paternity, ob- taining child and spousal support, and assuring that assistance in obtaining support will be available under this part to all children (wheth- er or not eligible for assistance under a State program funded under part A) for whom such as- sistance is requested, there is hereby authorized to be appropriated for each fiscal year a sum sufficient to carry out the purposes of this part. (Aug. 14, 1935, ch. 531, title IV, § 451, as added Pub. L. 93–647, § 101(a), Jan. 4, 1975, 88 Stat. 2351; amended Pub. L. 97–35, title XXIII, § 2332(a), Aug. 13, 1981, 95 Stat. 861; Pub. L. 98–378, § 2, Aug. 16, 1984, 98 Stat. 1305; Pub. L. 104–193, title I, § 108(c)(1), title III, § 395(d)(1)(A), Aug. 22, 1996, 110 Stat. 2165, 2259.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–193, § 395(d)(1)(A), substituted ‘‘non- custodial’’ for ‘‘absent’’ in two places. Pub. L. 104–193, § 108(c)(1), substituted ‘‘assistance under a State program funded under part A’’ for ‘‘aid under part A’’. 1984—Pub. L. 98–378 substituted ‘‘obtaining child and spousal support, and assuring that assistance in obtain- ing support will be available under this part to all chil- dren (whether or not eligible for aid under part A) for whom such assistance is requested,’’ for ‘‘and obtaining child and spousal support,’’. 1981—Pub. L. 97–35 substituted ‘‘children and the spouse (or former spouse) with whom such children are living’’ for ‘‘children’’ and ‘‘child and spousal support’’ for ‘‘child support’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by section 108(c)(1) of Pub. L. 104–193 ef- fective July 1, 1997, with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of enti- tlement under AFDC program, see section 116 of Pub. L. 104–193, as amended, set out as an Effective Date note under section 601 of this title. For effective date of amendment by section 395(d)(1)(A) of Pub. L. 104–193, see section 395(a)–(c) of Pub. L. 104–193, set out as a note under section 654 of this title. EFFECTIVE DATE OF 1981 AMENDMENT Pub. L. 97–35, title XXIII, § 2336, Aug. 13, 1981, 95 Stat. 864, provided that: ‘‘(a) Except as otherwise specifically provided in the preceding sections of this chapter [sections 2331–2335 of Pub. L. 97–35] or in subsection (b), the provisions of this chapter and the amendments and repeals made by this chapter [amending this section, sections 652, 653, 654, 657, and 664 of this title, and sections 6305 and 6402 of Title 26, Internal Revenue Code] shall become effective on October 1, 1981. ‘‘(b) If a State agency administering a plan approved under part D of title IV of the Social Security Act [42 U.S.C. 651 et seq.] demonstrates, to the satisfaction of the Secretary of Health and Human Services, that it cannot, by reason of State law, comply with the re- quirements of an amendment made by this chapter to which the effective date specified in subsection (a) ap- plies, the Secretary may prescribe that, in the case of such State, the amendment will become effective be- ginning with the first month beginning after the close of the first session of such State’s legislature ending on or after October 1, 1981. For purposes of the preceding sentence, the term ‘session of a State’s legislature’ in- cludes any regular, special, budget, or other session of a State legislature.’’ EFFECTIVE DATE Pub. L. 93–647, § 101(f), Jan. 4, 1975, 88 Stat. 2361, as amended by Pub. L. 94–46, § 2, June 30, 1975, 89 Stat. 245, provided that: ‘‘The amendments made by this section [enacting this part and section 6305 of Title 26, Internal Revenue Code, amending sections 602, 603, 604, 606, and 1306 of this title, repealing section 610 of this title, and enacting provisions set out as notes under this section and section 602 of this title] shall become effective on Page 2273 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 652 August 1, 1975, except that section 459 of the Social Se- curity Act [42 U.S.C. 659], as added by subsection (a) of this section shall become effective on January 1, 1975, and subsection (e) of this section [enacting provisions set out as a note under this section] shall become effec- tive upon the date of the enactment of this Act [Jan. 4, 1975].’’ SHORT TITLE This part is popularly known as the ‘‘Child Support Enforcement Act’’. STUDY ON EFFECTIVENESS OF ENFORCEMENT OF MEDICAL SUPPORT BY STATE AGENCIES Pub. L. 105–200, title IV, § 401(a), July 16, 1998, 112 Stat. 659, directed the Secretary of Health and Human Services and the Secretary of Labor to jointly establish a Medical Child Support Working Group for the purpose of identifying impediments to the effective enforce- ment of medical support by State agencies admin- istering the programs operated pursuant to part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.), required the Working Group to submit to the Sec- retaries a report containing recommendations not later than 18 months after July 16, 1998, required the Secre- taries to submit a report to each House of the Congress regarding the recommendations not later than 2 months after receipt of report from the Working Group, and provided for the termination of the Working Group 30 days after the date of the issuance of its report. PROMULGATION OF NATIONAL MEDICAL SUPPORT NOTICE Pub. L. 105–200, title IV, § 401(b), July 16, 1998, 112 Stat. 660, directed the Secretary of Health and Human Services and the Secretary of Labor to jointly develop and promulgate by regulation a National Medical Sup- port Notice, to be issued by States as a means of en- forcing the health care coverage provisions in a child support order; required interim regulations to be issued not later than 10 months after July 16, 1998 (such regu- lations were issued on Nov. 15, 1999; see 64 F.R. 62054); and required final regulations to be issued not later than 1 year after the issuance of the interim regula- tions (such regulations were issued on Dec. 27, 2000; see 65 F.R. 82128). AUTHORIZATION OF APPROPRIATIONS Pub. L. 93–647, § 101(e), Jan. 4, 1975, 88 Stat. 2361, pro- vided that: ‘‘There are authorized to be appropriated to the Secretary of Health, Education, and Welfare [now Health and Human Services] such sums as may be nec- essary to plan and prepare for the implementation of the program established by this section [enacting this part and section 6305 of Title 26, Internal Revenue Code].’’ § 652. Duties of Secretary (a) Establishment of separate organizational unit; duties The Secretary shall establish, within the De- partment of Health and Human Services a sepa- rate organizational unit, under the direction of a designee of the Secretary, who shall report di- rectly to the Secretary and who shall— (1) establish such standards for State pro- grams for locating noncustodial parents, es- tablishing paternity, and obtaining child sup- port and support for the spouse (or former spouse) with whom the noncustodial parent’s child is living as he determines to be nec- essary to assure that such programs will be ef- fective; (2) establish minimum organizational and staffing requirements for State units engaged in carrying out such programs under plans ap- proved under this part; (3) review and approve State plans for such programs; (4)(A) review data and calculations trans- mitted by State agencies pursuant to section 654(15)(B) of this title on State program ac- complishments with respect to performance indicators for purposes of subsection (g) of this section and section 658a of this title; (B) review annual reports submitted pursu- ant to section 654(15)(A) of this title and, as appropriate, provide to the State comments, recommendations for additional or alternative corrective actions, and technical assistance; and (C) conduct audits, in accordance with the Government auditing standards of the Comp- troller General of the United States— (i) at least once every 3 years (or more fre- quently, in the case of a State which fails to meet the requirements of this part con- cerning performance standards and reli- ability of program data) to assess the com- pleteness, reliability, and security of the data and the accuracy of the reporting sys- tems used in calculating performance indica- tors under subsection (g) of this section and section 658a of this title; (ii) of the adequacy of financial manage- ment of the State program operated under the State plan approved under this part, in- cluding assessments of— (I) whether Federal and other funds made available to carry out the State pro- gram are being appropriately expended, and are properly and fully accounted for; and (II) whether collections and disburse- ments of support payments are carried out correctly and are fully accounted for; and (iii) for such other purposes as the Sec- retary may find necessary; (5) assist States in establishing adequate re- porting procedures and maintain records of the operations of programs established pursu- ant to this part in each State, and establish procedures to be followed by States for col- lecting and reporting information required to be provided under this part, and establish uni- form definitions (including those necessary to enable the measurement of State compliance with the requirements of this part relating to expedited processes) to be applied in following such procedures; (6) maintain records of all amounts collected and disbursed under programs established pur- suant to the provisions of this part and of the costs incurred in collecting such amounts; (7) provide technical assistance to the States to help them establish effective systems for collecting child and spousal support and estab- lishing paternity, and specify the minimum requirements of an affidavit to be used for the voluntary acknowledgment of paternity which shall include the social security number of each parent and, after consultation with the States, other common elements as determined by such designee; (8) receive applications from States for per- mission to utilize the courts of the United States to enforce court orders for support