42 U.S.C. § 655a — Provision for reimbursement of expenses

Page 2316 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 655a Pub. L. 97–248, title I, § 174(d), Sept. 3, 1982, 96 Stat. 403, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall apply with re- spect to quarters beginning on or after October 1, 1982. Subsection (b) [amending this section] shall apply with respect to quarters beginning on or after October 1, 1983; and the amendment made by subsection (c) [amending section 658 of this title] shall apply with re- spect to amounts collected on or after October 1, 1983.’’ 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. EFFECTIVE DATE OF 1980 AMENDMENT Pub. L. 96–265, title IV, § 404(b), June 9, 1980, 94 Stat. 463, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall apply with re- spect to expenditures made by States on or after July 1, 1980.’’ Amendment by section 405(a) of Pub. L. 96–265 effec- tive July 1, 1981, and to be effective only with respect to expenditures, referred to in subsec. (a)(3) of this sec- tion, made on or after such date, see section 405(e) of Pub. L. 96–265, set out as a note under section 652 of this title. Pub. L. 96–265, title IV, § 407(d), June 9, 1980, 94 Stat. 468, provided that: ‘‘The amendments made by this sec- tion [amending this section and section 603 of this title] shall be effective in the case of calendar quarters com- mencing on or after January 1, 1981.’’ Pub. L. 96–178, § 2(b), Jan. 2, 1980, 93 Stat. 1295, as amended by Pub. L. 96–272, title III, § 301(a), June 17, 1980, 94 Stat. 527, provided that: ‘‘This section [amend- ing this section] shall become effective on the date of the enactment of this Act [Jan. 2, 1980], and shall apply with respect to services furnished on or after October 1, 1978.’’ EFFECTIVE DATE OF 1975 AMENDMENT Amendment by Pub. L. 94–88 effective Aug. 1, 1975, un- less otherwise provided, see section 210 of Pub. L. 94–88, set out as a note under section 654 of this title. TEMPORARY RESUMPTION OF PRIOR CHILD SUPPORT LAW Pub. L. 111–5, div. B, title II, § 2104, Feb. 17, 2009, 123 Stat. 449, provided that: ‘‘During the period that begins on October 1, 2008, and ends on September 30, 2010, sec- tion 455(a)(1) of the Social Security Act (42 U.S.C. 655(a)(1)) shall be applied and administered as if the phrase ‘from amounts paid to the State under section 458 [42 U.S.C. 658a] or’ does not appear in such section.’’ TEMPORARY LIMITATION ON PAYMENTS UNDER SPECIAL FEDERAL MATCHING RATE Pub. L. 104–193, title III, § 344(b)(2), Aug. 22, 1996, 110 Stat. 2236, as amended by Pub. L. 105–33, title V, § 5555(b), Aug. 5, 1997, 111 Stat. 637, provided that: ‘‘(A) IN GENERAL.—The Secretary of Health and Human Services may not pay more than $400,000,000 in the aggregate under section 455(a)(3)(B) of the Social Security Act [42 U.S.C. 655(a)(3)(B)] for fiscal years 1996 through 2001. ‘‘(B) ALLOCATION OF LIMITATION AMONG STATES.—The total amount payable to a State or a system described in subparagraph (C) under section 455(a)(3)(B) of such Act for fiscal years 1996 through 2001 shall not exceed the limitation determined for the State or system by the Secretary of Health and Human Services in regula- tions. ‘‘(C) ALLOCATION FORMULA.—The regulations referred to in subparagraph (B) shall prescribe a formula for al- locating the amount specified in subparagraph (A) among States with plans approved under part D of title IV of the Social Security Act [42 U.S.C. 651 et seq.], and among systems that have been approved by the Sec- retary to receive enhanced funding pursuant to the Family Support Act of 1988 (Public Law 100–485; 102 Stat. 2343) for the purpose of developing a system that meets the requirements of sections 454(16) (as in effect on and after September 30, 1995) and 454A [probably means sections 454(16) and 454A of the Social Security Act which are classified to sections 654(16) and 654a, re- spectively, of this title], including systems that have received funding for such purpose pursuant to a waiver under section 1115(a) [probably means section 1115(a) of the Social Security Act which is classified to section 1315(a) of this title], which shall take into account— ‘‘(i) the relative size of such State and system case- loads under part D of title IV of the Social Security Act [42 U.S.C. 651 et seq.]; and ‘‘(ii) the level of automation needed to meet the automated data processing requirements of such part.’’ PAYMENTS TO STATES FOR CERTAIN EXPENSES INCURRED DURING JULY 1975 Pub. L. 94–88, title II, § 206, Aug. 9, 1975, 89 Stat. 435, provided that amounts expended in good faith by any State during July 1975 in certain ways in preparation for or implementation of the child support program under this part were to be considered for purposes of this section, to the extent that payment for the ex- penses incurred would have been made under the terms of this section, had the amendment by section 101 of Pub. L. 93–647 been effective on July 1, 1975, to have been expended by the State for the operation of the State plan or for the conduct of activities specified in this section. § 655a. Provision for reimbursement of expenses For purposes of section 655 of this title, ex- penses incurred to reimburse State employment offices for furnishing information requested of such offices— (1) pursuant to section 49b(b) of title 29, or (2) by a State or local agency charged with the duty of carrying a State plan for child sup- port approved under this part, shall be considered to constitute expenses in- curred in the administration of such State plan. (Pub. L. 94–566, title V, § 508(b), Oct. 20, 1976, 90 Stat. 2689; Pub. L. 104–193, title I, § 110(a), Aug. 22, 1996, 110 Stat. 2171; Pub. L. 105–220, title III, § 302(b), Aug. 7, 1998, 112 Stat. 1081.) Editorial Notes CODIFICATION Section was formerly classified to section 603a of this title. Section was not enacted as part of the Social Secu- rity Act which comprises this chapter. AMENDMENTS 1998—Par. (1). Pub. L. 105–220 substituted ‘‘section 49b(b) of title 29’’ for ‘‘the third sentence of section 49b(a) of title 29’’. 1996—Pub. L. 104–193 amended section catchline and text generally. Prior to amendment, text read as fol- lows: ‘‘For purposes of section 603 of this title, expenses incurred to reimburse State employment offices for furnishing information requested of such offices pursu- ant to the third sentence of section 49b(a) of title 29, by a State or local agency administering a State plan ap- proved under part A of this subchapter shall be consid- ered to constitute expenses incurred in the administra- tion of such State plan; and for purposes of section 655 of this title, expenses incurred to reimburse State em- ployment offices for furnishing information so re- quested by a State or local agency charged with the Page 2317 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 656 duty of carrying out a State plan for child support ap- proved under part D of this subchapter shall be consid- ered to constitute expenses incurred in the administra- tion of such State plan.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–220 effective July 1, 1999, see section 311 of Pub. L. 105–220, formerly set out as a note under section 49a of Title 29, Labor. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–193 effective July 1, 1997, 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, as amended, set out as an Effective Date note under section 601 of this title. § 656. Support obligation as obligation to State; amount; discharge in bankruptcy (a) Collection processes (1) The support rights assigned to the State pursuant to section 608(a)(3) of this title or se- cured on behalf of a child receiving foster care maintenance payments shall constitute an obli- gation owed to such State by the individual re- sponsible for providing such support. Such obli- gation shall be deemed for collection purposes to be collectible under all applicable State and local processes. (2) The amount of such obligation shall be— (A) the amount specified in a court order which covers the assigned support rights, or (B) if there is no court order, an amount de- termined by the State in accordance with a formula approved by the Secretary. (3) Any amounts collected from a noncustodial parent under the plan shall reduce, dollar for dollar, the amount of his obligation under sub- paragraphs (A) and (B) of paragraph (2). (b) Nondischargeability A debt (as defined in section 101 of title 11) owed under State law to a State (as defined in such section) or municipality (as defined in such section) that is in the nature of support and that is enforceable under this part is not released by a discharge in bankruptcy under title 11. (Aug. 14, 1935, ch. 531, title IV, § 456, as added Pub. L. 93–647, § 101(a), Jan. 4, 1975, 88 Stat. 2356; amended Pub. L. 95–598, title III, § 328, Nov. 6, 1978, 92 Stat. 2679; Pub. L. 97–35, title XXIII, § 2334(a), Aug. 13, 1981, 95 Stat. 863; Pub. L. 98–369, div. B, title VI, § 2663(c)(15), July 18, 1984, 98 Stat. 1167; Pub. L. 98–378, § 11(b)(2), Aug. 16, 1984, 98 Stat. 1318; Pub. L. 104–193, title I, § 108(c)(13), title III, §§ 374(b), 395(d)(2)(C), Aug. 22, 1996, 110 Stat. 2166, 2255, 2260; Pub. L. 105–33, title V, §§ 5513(a)(3), 5556(d), Aug. 5, 1997, 111 Stat. 619, 637.) Editorial Notes AMENDMENTS 1997—Subsec. (a)(1). Pub. L. 105–33, § 5513(a)(3), amend- ed Pub. L. 104–193, § 108(c)(13). See 1996 Amendment note below. Subsec. (a)(2)(B). Pub. L. 105–33, § 5556(d), substituted ‘‘Secretary.’’ for ‘‘Secretary, and’’. 1996—Subsec. (a)(1). Pub. L. 104–193, § 108(c)(13), as amended by Pub. L. 105–33, § 5513(a)(3), substituted ‘‘pur- suant to section 608(a)(3) of this title’’ for ‘‘under sec- tion 602(a)(26) of this title’’. Subsec. (a)(3). Pub. L. 104–193, § 395(d)(2)(C), sub- stituted ‘‘a noncustodial parent’’ for ‘‘an absent par- ent’’. Subsec. (b). Pub. L. 104–193, § 374(b), inserted heading and amended text generally. Prior to amendment, text read as follows: ‘‘A debt which is a child support obliga- tion assigned to a State under section 602(a)(26) of this title is not released by a discharge in bankruptcy under title 11.’’ 1984—Subsec. (a)(1). Pub. L. 98–378, § 11(b)(2), inserted ‘‘or secured on behalf of a child receiving foster care maintenance payments’’ after ‘‘section 602(a)(26) of this title’’. Pub. L. 98–369, § 2663(c)(15)(A), designated existing unenumerated provisions as par. (1). Former par. (1) re- designated (2). Subsec. (a)(2). Pub. L. 98–369, § 2663(c)(15)(B), redesig- nated former par. (1) as (2). Former par. (2) redesig- nated (3). Subsec. (a)(3). Pub. L. 98–369, § 2663(c)(15)(C), (D), re- designated former par. (2) as (3) and substituted ‘‘sub- paragraphs (A) and (B) of paragraph (2)’’ for ‘‘para- graphs (1)(A) and (B)’’. 1981—Subsec. (b). Pub. L. 97–35 added subsec. (b). 1978—Subsec. (b). Pub. L. 95–598 repealed provision de- claring a debt which is a child support obligation as- signed to a State under section 602(a)(26) of this title as not released by a discharge in bankruptcy under the Bankruptcy Act. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1997 AMENDMENT Amendment by section 5513(a)(3) of Pub. L. 105–33 ef- fective as if included in section 108 of the Personal Re- sponsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. 104–193, at the time such section 108 be- came law, see section 5518(b) of Pub. L. 105–33, set out as a note under section 652 of this title. Amendment by section 5556(d) of Pub. L. 105–33 effec- tive as if included in the enactment of title III of the Personal Responsibility and Work Opportunity Rec- onciliation Act of 1996, Pub. L. 104–193, see section 5557 of Pub. L. 105–33, set out as a note under section 608 of this title. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by section 108(c)(13) 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. Amendment by section 374(b) of Pub. L. 104–193 appli- cable only with respect to cases commenced under Title 11, Bankruptcy, after Aug. 22, 1996, see section 374(c) of Pub. L. 104–193, set out as a note under section 523 of Title 11. For provisions relating to effective date of title III 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 1984 AMENDMENTS Amendment by Pub. L. 98–378 effective 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. Amendment by Pub. L. 98–369 effective July 18, 1984, but not to be construed as changing or affecting any