42 U.S.C. § 658 — Untitled legal text

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 Repealed.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.