42 U.S.C. § 610 — Appeal of adverse decision

Page 2192 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 610 EFFECTIVE DATE OF 1997 AMENDMENT Pub. L. 105–33, title V, § 5004(b), Aug. 5, 1997, 111 Stat. 594, provided that: ‘‘The amendment made by sub- section (a) of this section [amending this section] shall take effect as if included in the enactment of section 103(a) of the Personal Responsibility and Work Oppor- tunity Reconciliation Act of 1996 [Pub. L. 104–193].’’ Amendment by section 5506 of Pub. L. 105–33 effective as if included in section 103(a) of the Personal Responsi- bility and Work Opportunity Reconciliation Act of 1996, Pub. L. 104–193, at the time such section 103(a) became law, see section 5518(a) of Pub. L. 105–33, set out as a note under section 602 of this title. Amendment by section 5514(c) of Pub. L. 105–33 effec- tive as if included in the provision of Pub. L. 104–193 amended at the time the provision became law, see sec- tion 5518(d) of Pub. L. 105–33, set out as a note under section 862a of Title 21, Food and Drugs. EFFECTIVE DATE Section effective July 1, 1997, with delayed effective date for subsec. (a)(2)–(5), (8), (10) of this section, and with transition rules relating to State options to accel- erate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substan- tially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Pub. L. 104–193, set out as a note under section 601 of this title. § 610. Appeal of adverse decision (a) In general Within 5 days after the date the Secretary takes any adverse action under this part with respect to a State, the Secretary shall notify the chief executive officer of the State of the ad- verse action, including any action with respect to the State plan submitted under section 602 of this title or the imposition of a penalty under section 609 of this title. (b) Administrative review (1) In general Within 60 days after the date a State re- ceives notice under subsection (a) of an ad- verse action, the State may appeal the action, in whole or in part, to the Departmental Ap- peals Board established in the Department of Health and Human Services (in this section re- ferred to as the ‘‘Board’’) by filing an appeal with the Board. (2) Procedural rules The Board shall consider an appeal filed by a State under paragraph (1) on the basis of such documentation as the State may submit and as the Board may require to support the final decision of the Board. In deciding wheth- er to uphold an adverse action or any portion of such an action, the Board shall conduct a thorough review of the issues and take into ac- count all relevant evidence. The Board shall make a final determination with respect to an appeal filed under paragraph (1) not less than 60 days after the date the appeal is filed. (c) Judicial review of adverse decision (1) In general Within 90 days after the date of a final deci- sion by the Board under this section with re- spect to an adverse action taken against a State, the State may obtain judicial review of the final decision (and the findings incor- porated into the final decision) by filing an ac- tion in— (A) the district court of the United States for the judicial district in which the prin- cipal or headquarters office of the State agency is located; or (B) the United States District Court for the District of Columbia. (2) Procedural rules The district court in which an action is filed under paragraph (1) shall review the final deci- sion of the Board on the record established in the administrative proceeding, in accordance with the standards of review prescribed by subparagraphs (A) through (E) of section 706(2) of title 5. The review shall be on the basis of the documents and supporting data submitted to the Board. (Aug. 14, 1935, ch. 531, title IV, § 410, as added Pub. L. 104–193, title I, § 103(a)(1), Aug. 22, 1996, 110 Stat. 2148; amended Pub. L. 105–33, title V, § 5514(c), Aug. 5, 1997, 111 Stat. 620.) Editorial Notes PRIOR PROVISIONS A prior section 610, act Aug. 14, 1935, ch. 531, title IV, § 410, as added Oct. 21, 1976, Pub. L. 94–585, § 1(a), 90 Stat. 2901; amended July 18, 1984, Pub. L. 98–369, div. B, title VI, § 2663(c)(6), 98 Stat. 1166, related to food stamp pro- gram coupons, prior to repeal by Pub. L. 104–193, § 103(a)(1), as amended by Pub. L. 105–33, title V, § 5514(c), Aug. 5, 1997, 111 Stat. 620. Another prior section 610, act Aug. 14, 1935, ch. 531, title IV, § 410, as added Jan. 2, 1968, Pub. L. 90–248, title II, § 211(b), 81 Stat. 897, provided for furnishing by Sec- retary to Secretary of the Treasury the names of par- ents contained in reports from State agencies, for as- certainment of addresses, and authorization for appro- priations for such purpose, prior to repeal by Pub. L. 93–647, § 101(c)(8), Jan. 4, 1975, 88 Stat. 2360, eff. July 1, 1975. AMENDMENTS 1997—Pub. L. 105–33 made technical amendment to di- rectory language of Pub. L. 104–193, § 103(a)(1), which en- acted this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105–33 effective as if included in the provision of Pub. L. 104–193 amended at the time the provision became law, see section 5518(d) of Pub. L. 105–33, set out as a note under section 862a of Title 21, Food and Drugs. EFFECTIVE DATE Section effective July 1, 1997, with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings com- menced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Sec- retary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Pub. L. 104–193, as amended, set out as a note under section 601 of this title. Page 2193 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 611 § 611. Data collection and reporting (a) Quarterly reports by States (1) General reporting requirement (A) Contents of report Each eligible State shall collect on a monthly basis, and report to the Secretary on a quarterly basis, the following disaggregated case record information on the families receiving assistance under the State program funded under this part (ex- cept for information relating to activities carried out under section 603(a)(5) of this title) or any other State program funded with qualified State expenditures (as defined in section 609(a)(7)(B)(i) of this title): (i) The county of residence of the family. (ii) Whether a child receiving such as- sistance or an adult in the family is re- ceiving— (I) Federal disability insurance bene- fits; (II) benefits based on Federal disability status; (III) aid under a State plan approved under subchapter XIV (as in effect with- out regard to the amendment made by section 301 of the Social Security Amendments of 1972); (IV) aid or assistance under a State plan approved under subchapter XVI (as in effect without regard to such amend- ment) by reason of being permanently and totally disabled; or (V) supplemental security income ben- efits under subchapter XVI (as in effect pursuant to such amendment) by reason of disability. (iii) The ages of the members of such families. (iv) The number of individuals in the family, and the relation of each family member to the head of the family. (v) The employment status and earnings of the employed adult in the family. (vi) The marital status of the adults in the family, including whether such adults have never married, are widowed, or are divorced. (vii) The race and educational level of each adult in the family. (viii) The race and educational level of each child in the family. (ix) Whether the family received sub- sidized housing, medical assistance under the State plan approved under subchapter XIX, supplemental nutrition assistance program benefits, or subsidized child care, and if the latter 2, the amount received. (x) The number of months that the fam- ily has received each type of assistance under the program. (xi) If the adults participated in, and the number of hours per week of participation in, the following activities: (I) Education. (II) Subsidized private sector employ- ment. (III) Unsubsidized employment. (IV) Public sector employment, work experience, or community service. (V) Job search. (VI) Job skills training or on-the-job training. (VII) Vocational education. (xii) Information necessary to calculate participation rates under section 607 of this title. (xiii) The type and amount of assistance received under the program, including the amount of and reason for any reduction of assistance (including sanctions). (xiv) Any amount of unearned income re- ceived by any member of the family. (xv) The citizenship of the members of the family. (xvi) From a sample of closed cases, whether the family left the program, and if so, whether the family left due to— (I) employment; (II) marriage; (III) the prohibition set forth in sec- tion 608(a)(7) of this title; (IV) sanction; or (V) State policy. (xvii) With respect to each individual in the family who has not attained 20 years of age, whether the individual is a parent of a child in the family. (B) Use of samples (i) Authority A State may comply with subparagraph (A) by submitting disaggregated case record information on a sample of families selected through the use of scientifically acceptable sampling methods approved by the Secretary. (ii) Sampling and other methods The Secretary shall provide the States with such case sampling plans and data collection procedures as the Secretary deems necessary to produce statistically valid estimates of the performance of State programs funded under this part and any other State programs funded with qualified State expenditures (as defined in section 609(a)(7)(B)(i) of this title). The Secretary may develop and implement pro- cedures for verifying the quality of data submitted by the States. (2) Report on use of Federal funds to cover ad- ministrative costs and overhead The report required by paragraph (1) for a fiscal quarter shall include a statement of the percentage of the funds paid to the State under this part for the quarter that are used to cover administrative costs or overhead, with a separate statement of the percentage of such funds that are used to cover administra- tive costs or overhead incurred for programs operated with funds provided under section 603(a)(5) of this title. (3) Report on State expenditures on programs for needy families The report required by paragraph (1) for a fiscal quarter shall include a statement of the total amount expended by the State during the quarter on programs for needy families,