42 U.S.C. § 658a — Incentive payments to States

Page 2322 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 658 [amending this section] shall become effective October 1, 1984.’’ Amendment by section 11(a) of Pub. L. 98–378 effec- tive Oct. 1, 1984, and applicable to collections made on or after that date, see section 11(e) of Pub. L. 98–378, set out as a note under section 654 of this title. Pub. L. 98–369, div. B, title VI, § 2646, July 18, 1984, 98 Stat. 1147, provided that: ‘‘Except as otherwise specifi- cally provided in this subtitle [subtitle B (§§ 2611–2646) of Pub. L. 98–369], the provisions of parts 1 and 2 [sec- tions 2611 to 2642 of Pub. L. 98–369, enacting section 1320b–6 of this title, amending this section and sections 602, 609, 614, 615, 1320a–6, 1382 to 1382b, 1382j, and 1383 of this title and section 51 of Title 26, Internal Revenue Code, and enacting provisions set out as notes under sections 602, 609, 614, 1320a–6, 1382a, and 1383 of this title and section 51 of Title 26] and the amendments made thereby shall take effect on October 1, 1984.’’ EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–35 effective Oct. 1, 1981, ex- cept as otherwise specifically provided, see section 2336 of Pub. L. 97–35, set out as a note under section 651 of this title. § 658. Repealed. Pub. L. 105–200, title II, § 201(f)(1), July 16, 1998, 112 Stat. 657 Section, act Aug. 14, 1935, ch. 531, title IV, § 458, as added Pub. L. 93–647, § 101(a), Jan. 4, 1975, 88 Stat. 2357; amended Pub. L. 95–30, title V, § 503(a), May 23, 1977, 91 Stat. 162; Pub. L. 96–272, title III, § 307, June 17, 1980, 94 Stat. 531; Pub. L. 97–248, title I, § 174(c), Sept. 3, 1982, 96 Stat. 403; Pub. L. 98–378, § 5(a), (c)(2)(A), Aug. 16, 1984, 98 Stat. 1312, 1314; Pub. L. 99–514, title XVIII, § 1883(b)(7), Oct. 22, 1986, 100 Stat. 2917; Pub. L. 100–485, title I, § 127, Oct. 13, 1988, 102 Stat. 2355; Pub. L. 104–193, title III, §§ 341(a), formerly 341(b), 395(d)(1)(F), Aug. 22, 1996, 110 Stat. 2231, 2259; Pub. L. 105–33, title V, § 5550(b), Aug. 5, 1997, 111 Stat. 634; Pub. L. 105–200, title II, § 201(e)(1)(A), July 16, 1998, 112 Stat. 657, related to incentive pay- ments to States for child support enforcement pro- grams. § 658a. Incentive payments to States (a) In general In addition to any other payment under this part, the Secretary shall, subject to subsection (f), make an incentive payment to each State for each fiscal year in an amount determined under subsection (b). (b) Amount of incentive payment (1) In general The incentive payment for a State for a fis- cal year is equal to the incentive payment pool for the fiscal year, multiplied by the State incentive payment share for the fiscal year. (2) Incentive payment pool (A) In general In paragraph (1), the term ‘‘incentive pay- ment pool’’ means— (i) $422,000,000 for fiscal year 2000; (ii) $429,000,000 for fiscal year 2001; (iii) $450,000,000 for fiscal year 2002; (iv) $461,000,000 for fiscal year 2003; (v) $454,000,000 for fiscal year 2004; (vi) $446,000,000 for fiscal year 2005; (vii) $458,000,000 for fiscal year 2006; (viii) $471,000,000 for fiscal year 2007; (ix) $483,000,000 for fiscal year 2008; and (x) for any succeeding fiscal year, the amount of the incentive payment pool for the fiscal year that precedes such suc- ceeding fiscal year, multiplied by the per- centage (if any) by which the CPI for such preceding fiscal year exceeds the CPI for the second preceding fiscal year. (B) CPI For purposes of subparagraph (A), the CPI for a fiscal year is the average of the Con- sumer Price Index for the 12-month period ending on September 30 of the fiscal year. As used in the preceding sentence, the term ‘‘Consumer Price Index’’ means the last Con- sumer Price Index for all-urban consumers published by the Department of Labor. (3) State incentive payment share In paragraph (1), the term ‘‘State incentive payment share’’ means, with respect to a fis- cal year— (A) the incentive base amount for the State for the fiscal year; divided by (B) the sum of the incentive base amounts for all of the States for the fiscal year. (4) Incentive base amount In paragraph (3), the term ‘‘incentive base amount’’ means, with respect to a State and a fiscal year, the sum of the applicable percent- ages (determined in accordance with para- graph (6)) multiplied by the corresponding maximum incentive base amounts for the State for the fiscal year, with respect to each of the following measures of State perform- ance for the fiscal year: (A) The paternity establishment perform- ance level. (B) The support order performance level. (C) The current payment performance level. (D) The arrearage payment performance level. (E) The cost-effectiveness performance level. (5) Maximum incentive base amount (A) In general For purposes of paragraph (4), the max- imum incentive base amount for a State for a fiscal year is— (i) with respect to the performance measures described in subparagraphs (A), (B), and (C) of paragraph (4), the State col- lections base for the fiscal year; and (ii) with respect to the performance measures described in subparagraphs (D) and (E) of paragraph (4), 75 percent of the State collections base for the fiscal year. (B) Data required to be complete and reliable Notwithstanding subparagraph (A), the maximum incentive base amount for a State for a fiscal year with respect to a perform- ance measure described in paragraph (4) is zero, unless the Secretary determines, on the basis of an audit performed under sec- tion 652(a)(4)(C)(i) of this title, that the data which the State submitted pursuant to sec- tion 654(15)(B) of this title for the fiscal year and which is used to determine the perform- ance level involved is complete and reliable. Page 2323 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 658a (C) State collections base For purposes of subparagraph (A), the State collections base for a fiscal year is equal to the sum of— (i) 2 times the sum of— (I) the total amount of support col- lected during the fiscal year under the State plan approved under this part in cases in which the support obligation in- volved is required to be assigned to the State pursuant to part A or E of this subchapter or subchapter XIX; and (II) the total amount of support col- lected during the fiscal year under the State plan approved under this part in cases in which the support obligation in- volved was so assigned but, at the time of collection, is not required to be so as- signed; and (ii) the total amount of support collected during the fiscal year under the State plan approved under this part in all other cases. (6) Determination of applicable percentages based on performance levels (A) Paternity establishment (i) Determination of paternity establish- ment performance level The paternity establishment perform- ance level for a State for a fiscal year is, at the option of the State, the IV–D pater- nity establishment percentage determined under section 652(g)(2)(A) of this title or the statewide paternity establishment per- centage determined under section 652(g)(2)(B) of this title. (ii) Determination of applicable percentage The applicable percentage with respect to a State’s paternity establishment per- formance level is as follows: If the paternity establishment perform- ance level is: The applica- ble percent- age is: At least: But less than: 80% ....................... .............................. 100 79% ....................... 80% ....................... 98 78% ....................... 79% ....................... 96 77% ....................... 78% ....................... 94 76% ....................... 77% ....................... 92 75% ....................... 76% ....................... 90 74% ....................... 75% ....................... 88 73% ....................... 74% ....................... 86 72% ....................... 73% ....................... 84 71% ....................... 72% ....................... 82 70% ....................... 71% ....................... 80 69% ....................... 70% ....................... 79 68% ....................... 69% ....................... 78 67% ....................... 68% ....................... 77 66% ....................... 67% ....................... 76 65% ....................... 66% ....................... 75 64% ....................... 65% ....................... 74 63% ....................... 64% ....................... 73 62% ....................... 63% ....................... 72 61% ....................... 62% ....................... 71 60% ....................... 61% ....................... 70 59% ....................... 60% ....................... 69 58% ....................... 59% ....................... 68 57% ....................... 58% ....................... 67 56% ....................... 57% ....................... 66 55% ....................... 56% ....................... 65 54% ....................... 55% ....................... 64 If the paternity establishment perform- ance level is: The applica- ble percent- age is: At least: But less than: 53% ....................... 54% ....................... 63 52% ....................... 53% ....................... 62 51% ....................... 52% ....................... 61 50% ....................... 51% ....................... 60 0% ......................... 50% ....................... 0. Notwithstanding the preceding sentence, if the paternity establishment performance level of a State for a fiscal year is less than 50 percent but exceeds by at least 10 percentage points the paternity establish- ment performance level of the State for the immediately preceding fiscal year, then the applicable percentage with re- spect to the State’s paternity establish- ment performance level is 50 percent. (B) Establishment of child support orders (i) Determination of support order per- formance level The support order performance level for a State for a fiscal year is the percentage of the total number of cases under the State plan approved under this part in which there is a support order during the fiscal year. (ii) Determination of applicable percentage The applicable percentage with respect to a State’s support order performance level is as follows: If the support order performance level is: The applica- ble percent- age is: At least: But less than: 80% ....................... .............................. 100 79% ....................... 80% ....................... 98 78% ....................... 79% ....................... 96 77% ....................... 78% ....................... 94 76% ....................... 77% ....................... 92 75% ....................... 76% ....................... 90 74% ....................... 75% ....................... 88 73% ....................... 74% ....................... 86 72% ....................... 73% ....................... 84 71% ....................... 72% ....................... 82 70% ....................... 71% ....................... 80 69% ....................... 70% ....................... 79 68% ....................... 69% ....................... 78 67% ....................... 68% ....................... 77 66% ....................... 67% ....................... 76 65% ....................... 66% ....................... 75 64% ....................... 65% ....................... 74 63% ....................... 64% ....................... 73 62% ....................... 63% ....................... 72 61% ....................... 62% ....................... 71 60% ....................... 61% ....................... 70 59% ....................... 60% ....................... 69 58% ....................... 59% ....................... 68 57% ....................... 58% ....................... 67 56% ....................... 57% ....................... 66 55% ....................... 56% ....................... 65 54% ....................... 55% ....................... 64 53% ....................... 54% ....................... 63 52% ....................... 53% ....................... 62 51% ....................... 52% ....................... 61 50% ....................... 51% ....................... 60 0% ......................... 50% ....................... 0. Notwithstanding the preceding sentence, if the support order performance level of a Page 2324 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 658a State for a fiscal year is less than 50 per- cent but exceeds by at least 5 percentage points the support order performance level of the State for the immediately preceding fiscal year, then the applicable percentage with respect to the State’s support order performance level is 50 percent. (C) Collections on current child support due (i) Determination of current payment per- formance level The current payment performance level for a State for a fiscal year is equal to the total amount of current support collected during the fiscal year under the State plan approved under this part divided by the total amount of current support owed dur- ing the fiscal year in all cases under the State plan, expressed as a percentage. (ii) Determination of applicable percentage The applicable percentage with respect to a State’s current payment performance level is as follows: If the current payment performance level is: The applica- ble percent- age is: At least: But less than: 80% ....................... .............................. 100 79% ....................... 80% ....................... 98 78% ....................... 79% ....................... 96 77% ....................... 78% ....................... 94 76% ....................... 77% ....................... 92 75% ....................... 76% ....................... 90 74% ....................... 75% ....................... 88 73% ....................... 74% ....................... 86 72% ....................... 73% ....................... 84 71% ....................... 72% ....................... 82 70% ....................... 71% ....................... 80 69% ....................... 70% ....................... 79 68% ....................... 69% ....................... 78 67% ....................... 68% ....................... 77 66% ....................... 67% ....................... 76 65% ....................... 66% ....................... 75 64% ....................... 65% ....................... 74 63% ....................... 64% ....................... 73 62% ....................... 63% ....................... 72 61% ....................... 62% ....................... 71 60% ....................... 61% ....................... 70 59% ....................... 60% ....................... 69 58% ....................... 59% ....................... 68 57% ....................... 58% ....................... 67 56% ....................... 57% ....................... 66 55% ....................... 56% ....................... 65 54% ....................... 55% ....................... 64 53% ....................... 54% ....................... 63 52% ....................... 53% ....................... 62 51% ....................... 52% ....................... 61 50% ....................... 51% ....................... 60 49% ....................... 50% ....................... 59 48% ....................... 49% ....................... 58 47% ....................... 48% ....................... 57 46% ....................... 47% ....................... 56 45% ....................... 46% ....................... 55 44% ....................... 45% ....................... 54 43% ....................... 44% ....................... 53 42% ....................... 43% ....................... 52 41% ....................... 42% ....................... 51 40% ....................... 41% ....................... 50 0% ......................... 40% ....................... 0. Notwithstanding the preceding sentence, if the current payment performance level of a State for a fiscal year is less than 40 per- cent but exceeds by at least 5 percentage points the current payment performance level of the State for the immediately pre- ceding fiscal year, then the applicable per- centage with respect to the State’s current payment performance level is 50 percent. (D) Collections on child support arrearages (i) Determination of arrearage payment performance level The arrearage payment performance level for a State for a fiscal year is equal to the total number of cases under the State plan approved under this part in which payments of past-due child support were received during the fiscal year and part or all of the payments were distrib- uted to the family to whom the past-due child support was owed (or, if all past-due child support owed to the family was, at the time of receipt, subject to an assign- ment to the State, part or all of the pay- ments were retained by the State) divided by the total number of cases under the State plan in which there is past-due child support, expressed as a percentage. (ii) Determination of applicable percentage The applicable percentage with respect to a State’s arrearage payment perform- ance level is as follows: If the arrearage payment performance level is: The applica- ble percent- age is: At least: But less than: 80% ....................... .............................. 100 79% ....................... 80% ....................... 98 78% ....................... 79% ....................... 96 77% ....................... 78% ....................... 94 76% ....................... 77% ....................... 92 75% ....................... 76% ....................... 90 74% ....................... 75% ....................... 88 73% ....................... 74% ....................... 86 72% ....................... 73% ....................... 84 71% ....................... 72% ....................... 82 70% ....................... 71% ....................... 80 69% ....................... 70% ....................... 79 68% ....................... 69% ....................... 78 67% ....................... 68% ....................... 77 66% ....................... 67% ....................... 76 65% ....................... 66% ....................... 75 64% ....................... 65% ....................... 74 63% ....................... 64% ....................... 73 62% ....................... 63% ....................... 72 61% ....................... 62% ....................... 71 60% ....................... 61% ....................... 70 59% ....................... 60% ....................... 69 58% ....................... 59% ....................... 68 57% ....................... 58% ....................... 67 56% ....................... 57% ....................... 66 55% ....................... 56% ....................... 65 54% ....................... 55% ....................... 64 53% ....................... 54% ....................... 63 52% ....................... 53% ....................... 62 51% ....................... 52% ....................... 61 50% ....................... 51% ....................... 60 49% ....................... 50% ....................... 59 48% ....................... 49% ....................... 58 47% ....................... 48% ....................... 57 46% ....................... 47% ....................... 56 45% ....................... 46% ....................... 55 44% ....................... 45% ....................... 54 43% ....................... 44% ....................... 53 42% ....................... 43% ....................... 52 41% ....................... 42% ....................... 51 40% ....................... 41% ....................... 50 Page 2325 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 658a If the arrearage payment performance level is: The applica- ble percent- age is: At least: But less than: 0% ......................... 40% ....................... 0. Notwithstanding the preceding sentence, if the arrearage payment performance level of a State for a fiscal year is less than 40 percent but exceeds by at least 5 percent- age points the arrearage payment perform- ance level of the State for the immediately preceding fiscal year, then the applicable percentage with respect to the State’s ar- rearage payment performance level is 50 percent. (E) Cost-effectiveness (i) Determination of cost-effectiveness per- formance level The cost-effectiveness performance level for a State for a fiscal year is equal to the total amount collected during the fiscal year under the State plan approved under this part divided by the total amount ex- pended during the fiscal year under the State plan, expressed as a ratio. (ii) Determination of applicable percentage The applicable percentage with respect to a State’s cost-effectiveness performance level is as follows: If the cost-effectiveness performance level is: The applica- ble percent- age is: At least: But less than: 5.00 ........................ .............................. 100 4.50 ........................ 4.99 ....................... 90 4.00 ........................ 4.50 ....................... 80 3.50 ........................ 4.00 ....................... 70 3.00 ........................ 3.50 ....................... 60 2.50 ........................ 3.00 ....................... 50 2.00 ........................ 2.50 ....................... 40 0.00 ........................ 2.00 ....................... 0. (c) Treatment of interstate collections In computing incentive payments under this section, support which is collected by a State at the request of another State shall be treated as having been collected in full by both States, and any amounts expended by a State in carrying out a special project assisted under section 655(e) of this title shall be excluded. (d) Administrative provisions The amounts of the incentive payments to be made to the States under this section for a fis- cal year shall be estimated by the Secretary at/ or before the beginning of the fiscal year on the basis of the best information available. The Sec- retary shall make the payments for the fiscal year, on a quarterly basis (with each quarterly payment being made no later than the beginning of the quarter involved), in the amounts so esti- mated, reduced or increased to the extent of any overpayments or underpayments which the Sec- retary determines were made under this section to the States involved for prior periods and with respect to which adjustment has not already been made under this subsection. Upon the mak- ing of any estimate by the Secretary under the preceding sentence, any appropriations available for payments under this section are deemed obli- gated. (e) Regulations The Secretary shall prescribe such regulations as may be necessary governing the calculation of incentive payments under this section, in- cluding directions for excluding from the cal- culations certain closed cases and cases over which the States do not have jurisdiction. (f) Reinvestment A State to which a payment is made under this section shall expend the full amount of the payment to supplement, and not supplant, other funds used by the State— (1) to carry out the State plan approved under this part; or (2) for any activity (including cost-effective contracts with local agencies) approved by the Secretary, whether or not the expenditures for the activity are eligible for reimbursement under this part, which may contribute to im- proving the effectiveness or efficiency of the State program operated under this part. (Aug. 14, 1935, ch. 531, title IV, § 458, formerly § 458A, as added and renumbered § 458, Pub. L. 105–200, title II, § 201(a), (f)(2)(A), July 16, 1998, 112 Stat. 648, 658.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 105–200, title II, § 201(g), July 16, 1998, 112 Stat. 658, provided that: ‘‘Except as otherwise provided in this section [enacting this section, amending this sec- tion and sections 652, 655, and 658 of this title, repealing section 658 of this title, enacting provisions set out as notes under this section and sections 652 and 655 of this title, amending provisions set out as notes under this section and sections 652 and 658 of this title, and repeal- ing provisions set out as a note under section 658 of this title], the amendments made by this section shall take effect on October 1, 1999.’’ REGULATIONS Pub. L. 105–200, title II, § 201(c), July 16, 1998, 112 Stat. 656, provided that: ‘‘Within 9 months after the date of the enactment of this section [July 16, 1998], the Sec- retary of Health and Human Services shall prescribe regulations governing the implementation of section 458A [now 458] of the Social Security Act [42 U.S.C. 658a] when such section takes effect and the implemen- tation of subsection (b) of this section [formerly set out as a note below].’’ TRANSITION RULE Pub. L. 105–200, title II, § 201(b), July 16, 1998, 112 Stat. 656, provided for reductions by the Secretary of the amount otherwise payable to a State under this section and former section 658 of this title for fiscal years 2000 and 2001. STUDIES Pub. L. 105–200, title II, § 201(d), (f)(2)(C), July 16, 1998, 112 Stat. 656, 658, provided that: ‘‘(1) GENERAL REVIEW OF NEW INCENTIVE PAYMENT SYS- TEM.— ‘‘(A) IN GENERAL.—The Secretary of Health and Human Services shall conduct a study of the imple- mentation of the incentive payment system estab- lished by section 458 of the Social Security Act [42 U.S.C. 658a], in order to identify the problems and successes of the system. Page 2326 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 659 ‘‘(B) REPORTS TO THE CONGRESS.— ‘‘(i) REPORT ON VARIATIONS IN STATE PERFORMANCE ATTRIBUTABLE TO DEMOGRAPHIC VARIABLES.—Not later than October 1, 2000, the Secretary shall sub- mit to the Congress a report that identifies any de- mographic or economic variables that account for differences in the performance levels achieved by the States with respect to the performance meas- ures used in the system, and contains the rec- ommendations of the Secretary for such adjust- ments to the system as may be necessary to ensure that the relative performance of States is measured from a baseline that takes account of any such variables. ‘‘(ii) INTERIM REPORT.—Not later than March 1, 2001, the Secretary shall submit to the Congress an interim report that contains the findings of the study required by subparagraph (A). ‘‘(iii) FINAL REPORT.—Not later than October 1, 2003, the Secretary shall submit to the Congress a final report that contains the final findings of the study required by subparagraph (A). The report shall include any recommendations for changes in the system that the Secretary determines would improve the operation of the child support enforce- ment program. ‘‘(2) DEVELOPMENT OF MEDICAL SUPPORT INCENTIVE.— ‘‘(A) IN GENERAL.—The Secretary of Health and Human Services, in consultation with State directors of programs operated under part D of title IV of the Social Security Act [42 U.S.C. 651 et seq.] and rep- resentatives of children potentially eligible for med- ical support, shall develop a performance measure based on the effectiveness of States in establishing and enforcing medical support obligations, and shall make recommendations for the incorporation of the measure, in a revenue neutral manner, into the in- centive payment system established by section 458A [now 458] of the Social Security Act [42 U.S.C. 658a]. ‘‘(B) REPORT.—Not later than October 1, 1999, the Secretary shall submit to the Congress a report that describes the performance measure and contains the recommendations required by subparagraph (A).’’ § 659. Consent by United States to income with- holding, garnishment, and similar pro- ceedings for enforcement of child support and alimony obligations (a) Consent to support enforcement Notwithstanding any other provision of law (including section 407 of this title and section 5301 of title 38), effective January 1, 1975, moneys (the entitlement to which is based upon remu- neration for employment) due from, or payable by, the United States or the District of Colum- bia (including any agency, subdivision, or in- strumentality thereof) to any individual, includ- ing members of the Armed Forces of the United States, shall be subject, in like manner and to the same extent as if the United States or the District of Columbia were a private person, to withholding in accordance with State law en- acted pursuant to subsections (a)(1) and (b) of section 666 of this title and regulations of the Secretary under such subsections, and to any other legal process brought, by a State agency administering a program under a State plan ap- proved under this part or by an individual obli- gee, to enforce the legal obligation of the indi- vidual to provide child support or alimony. (b) Consent to requirements applicable to pri- vate person With respect to notice to withhold income pursuant to subsection (a)(1) or (b) of section 666 of this title, or any other order or process to en- force support obligations against an individual (if the order or process contains or is accom- panied by sufficient data to permit prompt iden- tification of the individual and the moneys in- volved), each governmental entity specified in subsection (a) shall be subject to the same re- quirements as would apply if the entity were a private person, except as otherwise provided in this section. (c) Designation of agent; response to notice or process (1) Designation of agent The head of each agency subject to this sec- tion shall— (A) designate an agent or agents to receive orders and accept service of process in mat- ters relating to child support or alimony; and (B) annually publish in the Federal Reg- ister the designation of the agent or agents, identified by title or position, mailing ad- dress, and telephone number. (2) Response to notice or process If an agent designated pursuant to para- graph (1) of this subsection receives notice pursuant to State procedures in effect pursu- ant to subsection (a)(1) or (b) of section 666 of this title, or is effectively served with any order, process, or interrogatory, with respect to an individual’s child support or alimony payment obligations, the agent shall— (A) as soon as possible (but not later than 15 days) thereafter, send written notice of the notice or service (together with a copy of the notice or service) to the individual at the duty station or last-known home address of the individual; (B) within 30 days (or such longer period as may be prescribed by applicable State law) after receipt of a notice pursuant to such State procedures, comply with all applicable provisions of section 666 of this title; and (C) within 30 days (or such longer period as may be prescribed by applicable State law) after effective service of any other such order, process, or interrogatory, withhold available sums in response to the order or process, or answer the interrogatory. (d) Priority of claims If a governmental entity specified in sub- section (a) receives notice or is served with proc- ess, as provided in this section, concerning amounts owed by an individual to more than 1 person— (1) support collection under section 666(b) of this title must be given priority over any other process, as provided in section 666(b)(7) of this title; (2) allocation of moneys due or payable to an individual among claimants under section 666(b) of this title shall be governed by section 666(b) of this title and the regulations pre- scribed under such section; and (3) such moneys as remain after compliance with paragraphs (1) and (2) shall be available to satisfy any other such processes on a first- come, first-served basis, with any such process being satisfied out of such moneys as remain