42 U.S.C. § 652 : US Code - Section 652: Duties of Secretary

Search 42 U.S.C. § 652 : US Code - Section 652: Duties of Secretary

(a) Establishment of separate organizational unit; duties
The Secretary shall establish, within the Department of Health
and Human Services a separate organizational unit, under the
direction of a designee of the Secretary, who shall report directly
to the Secretary and who shall -
(1) establish such standards for State programs for locating
noncustodial parents, establishing paternity, and obtaining child
support and support for the spouse (or former spouse) with whom
the noncustodial parent's child is living as he determines to be
necessary to assure that such programs will be effective;
(2) establish minimum organizational and staffing requirements
for State units engaged in carrying out such programs under plans
approved under this part;
(3) review and approve State plans for such programs;
(4)(A) review data and calculations transmitted by State
agencies pursuant to section 654(15)(B) of this title on State
program accomplishments with respect to performance indicators
for purposes of subsection (g) of this section and section 658a
of this title;
(B) review annual reports submitted pursuant 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 Comptroller General of the United States -
(i) at least once every 3 years (or more frequently, in the
case of a State which fails to meet the requirements of this
part concerning performance standards and reliability of
program data) to assess the completeness, reliability, and
security of the data and the accuracy of the reporting systems
used in calculating performance indicators under subsection (g)
of this section and section 658a of this title;
(ii) of the adequacy of financial management of the State
program operated under the State plan approved under this part,
including assessments of -
(I) whether Federal and other funds made available to carry
out the State program are being appropriately expended, and
are properly and fully accounted for; and
(II) whether collections and disbursements of support
payments are carried out correctly and are fully accounted
for; and
(iii) for such other purposes as the Secretary may find
necessary;
(5) assist States in establishing adequate reporting procedures
and maintain records of the operations of programs established
pursuant to this part in each State, and establish procedures to
be followed by States for collecting and reporting information
required to be provided under this part, and establish uniform
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 pursuant 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 establishing 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 permission to utilize
the courts of the United States to enforce court orders for
support against noncustodial parents and, upon a finding that (A)
another State has not undertaken to enforce the court order of
the originating State against the noncustodial parent within a
reasonable time, and (B) that utilization of the Federal courts
is the only reasonable method of enforcing such order, approve
such applications;
(9) operate the Federal Parent Locator Service established by
section 653 of this title;
(10) not later than three months after the end of each fiscal
year, beginning with the year 1977, submit to the Congress a full
and complete report on all activities undertaken pursuant to the
provisions of this part, which report shall include, but not be
limited to, the following:
(A) total program costs and collections set forth in
sufficient detail to show the cost to the States and the
Federal Government, the distribution of collections to
families, State and local governmental units, and the Federal
Government; and an identification of the financial impact of
the provisions of this part, including -
(i) the total amount of child support payments collected as
a result of services furnished during the fiscal year to
individuals receiving services under this part;
(ii) the cost to the States and to the Federal Government
of so furnishing the services; and
(iii) the number of cases involving families -
(I) who became ineligible for assistance under State
programs funded under part A of this subchapter during a
month in the fiscal year; and
(II) with respect to whom a child support payment was
received in the month;
(B) costs and staff associated with the Office of Child
Support Enforcement;
(C) the following data, separately stated for cases where the
child is receiving assistance under a State program funded
under part A of this subchapter (or foster care maintenance
payments under part E of this subchapter), or formerly received
such assistance or payments and the State is continuing to
collect support assigned to it pursuant to section 608(a)(3) of
this title or under section 671(a)(17) or 1396k of this title,
and for all other cases under this part:
(i) the total number of cases in which a support obligation
has been established in the fiscal year for which the report
is submitted;
(ii) the total number of cases in which a support
obligation has been established;
(iii) the number of cases in which support was collected
during the fiscal year;
(iv) the total amount of support collected during such
fiscal year and distributed as current support;
(v) the total amount of support collected during such
fiscal year and distributed as arrearages;
(vi) the total amount of support due and unpaid for all
fiscal years; and
(vii) the number of child support cases filed in each State
in such fiscal year, and the amount of the collections made
in each State in such fiscal year, on behalf of children
residing in another State or against parents residing in
another State;
(D) the status of all State plans under this part as of the
end of the fiscal year last ending before the report is
submitted, together with an explanation of any problems which
are delaying or preventing approval of State plans under this
part;
(E) data, by State, on the use of the Federal Parent Locator
Service, and the number of locate requests submitted without
the noncustodial parent's social security account number;
(F) the number of cases, by State, in which an applicant for
or recipient of assistance under a State program funded under
part A of this subchapter has refused to cooperate in
identifying and locating the noncustodial parent and the number
of cases in which refusal so to cooperate is based on good
cause (as determined by the State);
(G) data, by State, on use of the Internal Revenue Service
for collections, the number of court orders on which
collections were made, the number of paternity determinations
made and the number of parents located, in sufficient detail to
show the cost and benefits to the States and to the Federal
Government;
(H) the major problems encountered which have delayed or
prevented implementation of the provisions of this part during
the fiscal year last ending prior to the submission of such
report; and
(I) compliance, by State, with the standards established
pursuant to subsections (h) and (i) of this section; and
(11) not later than October 1, 1996, after consulting with the
State directors of programs under this part, promulgate forms to
be used by States in interstate cases for -
(A) collection of child support through income withholding;
(B) imposition of liens; and
(C) administrative subpoenas.
(b) Certification of child support obligations to Secretary of the
Treasury for collection
The Secretary shall, upon the request of any State having in
effect a State plan approved under this part, certify to the
Secretary of the Treasury for collection pursuant to the provisions
of section 6305 of the Internal Revenue Code of 1986 the amount of
any child support obligation (including any support obligation with
respect to the parent who is living with the child and receiving
assistance under the State program funded under part A of this
subchapter) which is assigned to such State or is undertaken to be
collected by such State pursuant to section 654(4) of this title.
No amount may be certified for collection under this subsection
except the amount of the delinquency under a court or
administrative order for support and upon a showing by the State
that such State has made diligent and reasonable efforts to collect
such amounts utilizing its own collection mechanisms, and upon an
agreement that the State will reimburse the Secretary of the
Treasury for any costs involved in making the collection. All
reimbursements shall be credited to the appropriation accounts
which bore all or part of the costs involved in making the
collections. The Secretary after consultation with the Secretary of
the Treasury may, by regulation, establish criteria for accepting
amounts for collection and for making certification under this
subsection including imposing such limitations on the frequency of
making such certifications under this subsection.
(c) Payment of child support collections to States
The Secretary of the Treasury shall from time to time pay to each
State for distribution in accordance with the provisions of section
657 of this title the amount of each collection made on behalf of
such State pursuant to subsection (b) of this section.
(d) Child support management information system
(1) Except as provided in paragraph (3), the Secretary shall not
approve the initial and annually updated advance automated data
processing planning document, referred to in section 654(16) of
this title, unless he finds that such document, when implemented,
will generally carry out the objectives of the management system
referred to in such subsection, and such document -
(A) provides for the conduct of, and reflects the results of,
requirements analysis studies, which include consideration of the
program mission, functions, organization, services, constraints,
and current support, of, in, or relating to, such system,
(B) contains a description of the proposed management system
referred to in section 654(16) of this title, including a
description of information flows, input data, and output reports
and uses,
(C) sets forth the security and interface requirements to be
employed in such management system,
(D) describes the projected resource requirements for staff and
other needs, and the resources available or expected to be
available to meet such requirements,
(E) contains an implementation plan and backup procedures to
handle possible failures,
(F) contains a summary of proposed improvement of such
management system in terms of qualitative and quantitative
benefits, and
(G) provides such other information as the Secretary determines
under regulation is necessary.
(2)(A) The Secretary shall through the separate organizational
unit established pursuant to subsection (a) of this section, on a
continuing basis, review, assess, and inspect the planning, design,
and operation of, management information systems referred to in
section 654(16) of this title, with a view to determining whether,
and to what extent, such systems meet and continue to meet
requirements imposed under paragraph (1) and the conditions
specified under section 654(16) of this title.
(B) If the Secretary finds with respect to any statewide
management information system referred to in section 654(16) of
this title that there is a failure substantially to comply with
criteria, requirements, and other undertakings, prescribed by the
advance automated data processing planning document theretofore
approved by the Secretary with respect to such system, then the
Secretary shall suspend his approval of such document until there
is no longer any such failure of such system to comply with such
criteria, requirements, and other undertakings so prescribed.
(3) The Secretary may waive any requirement of paragraph (1) or
any condition specified under section 654(16) of this title, and
shall waive the single statewide system requirement under sections
654(16) and 654a of this title, with respect to a State if -
(A) the State demonstrates to the satisfaction of the Secretary
that the State has or can develop an alternative system or
systems that enable the State -
(i) for purposes of section 609(a)(8) of this title, to
achieve the paternity establishment percentages (as defined in
subsection (g)(2) of this section) and other performance
measures that may be established by the Secretary;
(ii) to submit data under section 654(15)(B) of this title
that is complete and reliable;
(iii) to substantially comply with the requirements of this
part; and
(iv) in the case of a request to waive the single statewide
system requirement, to -
(I) meet all functional requirements of sections 654(16)
and 654a of this title;
(II) ensure that calculation of distributions meets the
requirements of section 657 of this title and accounts for
distributions to children in different families or in
different States or sub-State jurisdictions, and for
distributions to other States;
(III) ensure that there is only one point of contact in the
State which provides seamless case processing for all
interstate case processing and coordinated, automated
intrastate case management;
(IV) ensure that standardized data elements, forms, and
definitions are used throughout the State;
(V) complete the alternative system in no more time than it
would take to complete a single statewide system that meets
such requirement; and
(VI) process child support cases as quickly, efficiently,
and effectively as such cases would be processed through a
single statewide system that meets such requirement;
(B)(i) the waiver meets the criteria of paragraphs (1), (2),
and (3) of section 1315(c) of this title; or
(ii) the State provides assurances to the Secretary that steps
will be taken to otherwise improve the State's child support
enforcement program; and
(C) in the case of a request to waive the single statewide
system requirement, the State has submitted to the Secretary
separate estimates of the total cost of a single statewide system
that meets such requirement, and of any such alternative system
or systems, which shall include estimates of the cost of
developing and completing the system and of operating and
maintaining the system for 5 years, and the Secretary has agreed
with the estimates.
(e) Technical assistance to States
The Secretary shall provide such technical assistance to States
as he determines necessary to assist States to plan, design,
develop, or install and provide for the security of, the management
information systems referred to in section 654(16) of this title.
(f) Regulations
The Secretary shall issue regulations to require that State
agencies administering the child support enforcement program under
this part include medical support as part of any child support
order and enforce medical support whenever health care coverage is
available to the noncustodial parent at a reasonable cost. Such
regulation shall also provide for improved information exchange
between such State agencies and the State agencies administering
the State medicaid programs under subchapter XIX of this chapter
with respect to the availability of health insurance coverage.
(g) Performance standards for State paternity establishment
programs
(1) A State's program under this part shall be found, for
purposes of section 609(a)(8) of this title, not to have complied
substantially with the requirements of this part unless, for any
fiscal year beginning on or after October 1, 1994, its paternity
establishment percentage for such fiscal year is based on reliable
data and (rounded to the nearest whole percentage point) equals or
exceeds -
(A) 90 percent;
(B) for a State with a paternity establishment percentage of
not less than 75 percent but less than 90 percent for such fiscal
year, the paternity establishment percentage of the State for the
immediately preceding fiscal year plus 2 percentage points;
(C) for a State with a paternity establishment percentage of
not less than 50 percent but less than 75 percent for such fiscal
year, the paternity establishment percentage of the State for the
immediately preceding fiscal year plus 3 percentage points;
(D) for a State with a paternity establishment percentage of
not less than 45 percent but less than 50 percent for such fiscal
year, the paternity establishment percentage of the State for the
immediately preceding fiscal year plus 4 percentage points;
(E) for a State with a paternity establishment percentage of
not less than 40 percent but less than 45 percent for such fiscal
year, the paternity establishment percentage of the State for the
immediately preceding fiscal year plus 5 percentage points; or
(F) for a State with a paternity establishment percentage of
less than 40 percent for such fiscal year, the paternity
establishment percentage of the State for the immediately
preceding fiscal year plus 6 percentage points.
In determining compliance under this section, a State may use as
its paternity establishment percentage either the State's IV-D
paternity establishment percentage (as defined in paragraph (2)(A))
or the State's statewide paternity establishment percentage (as
defined in paragraph (2)(B)).
(2) For purposes of this section -
(A) the term "IV-D paternity establishment percentage" means,
with respect to a State for a fiscal year, the ratio (expressed
as a percentage) that the total number of children -
(i) who have been born out of wedlock,
(ii)(I) except as provided in the last sentence of this
paragraph, with respect to whom assistance is being provided
under the State program funded under part A of this subchapter
in the fiscal year or, at the option of the State, as of the
end of such year, or (II) with respect to whom services are
being provided under the State's plan approved under this part
in the fiscal year or, at the option of the State, as of the
end of such year pursuant to an application submitted under
section 654(4)(A)(ii) of this title, and
(iii) the paternity of whom has been established or
acknowledged,
bears to the total number of children born out of wedlock and
(except as provided in such last sentence) with respect to whom
assistance was being provided under the State program funded
under part A of this subchapter as of the end of the preceding
fiscal year or with respect to whom services were being provided
under the State's plan approved under this part as of the end of
the preceding fiscal year pursuant to an application submitted
under section 654(4)(A)(ii) of this title;
(B) the term "statewide paternity establishment percentage"
means, with respect to a State for a fiscal year, the ratio
(expressed as a percentage) that the total number of minor
children -
(i) who have been born out of wedlock, and
(ii) the paternity of whom has been established or
acknowledged during the fiscal year,
bears to the total number of children born out of wedlock during
the preceding fiscal year; and
(C) the term "reliable data" means the most recent data
available which are found by the Secretary to be reliable for
purposes of this section.
For purposes of subparagraphs (A) and (B), the total number of
children shall not include any child with respect to whom
assistance is being provided under the State program funded under
part A of this subchapter by reason of the death of a parent unless
paternity is established for such child or any child with respect
to whom an applicant or recipient is found by the State to qualify
for a good cause or other exception to cooperation pursuant to
section 654(29) of this title.
(3)(A) The Secretary may modify the requirements of this
subsection to take into account such additional variables as the
Secretary identifies (including the percentage of children in a
State who are born out of wedlock or for whom support has not been
established) that affect the ability of a State to meet the
requirements of this subsection.
(B) The Secretary shall submit an annual report to the Congress
that sets forth the data upon which the paternity establishment
percentages for States for a fiscal year are based, lists any
additional variables the Secretary has identified under
subparagraph (A), and describes State performance in establishing
paternity.
(h) Prompt State response to requests for child support assistance
The standards required by subsection (a)(1) of this section shall
include standards establishing time limits governing the period or
periods within which a State must accept and respond to requests
(from States, jurisdictions thereof, or individuals who apply for
services furnished by the State agency under this part or with
respect to whom an assignment pursuant to section 608(a)(3) of this
title is in effect) for assistance in establishing and enforcing
support orders, including requests to locate noncustodial parents,
establish paternity, and initiate proceedings to establish and
collect child support awards.
(i) Prompt State distribution of amounts collected as child support
The standards required by subsection (a)(1) of this section shall
include standards establishing time limits governing the period or
periods within which a State must distribute, in accordance with
section 657 of this title, amounts collected as child support
pursuant to the State's plan approved under this part.
(j) Training of Federal and State staff, research and demonstration
programs, and special projects of regional or national
significance
Out of any money in the Treasury of the United States not
otherwise appropriated, there is hereby appropriated to the
Secretary for each fiscal year an amount equal to 1 percent of the
total amount paid to the Federal Government pursuant to a plan
approved under this part during the immediately preceding fiscal
year (as determined on the basis of the most recent reliable data
available to the Secretary as of the end of the third calendar
quarter following the end of such preceding fiscal year), which
shall be available for use by the Secretary, either directly or
through grants, contracts, or interagency agreements, for -
(1) information dissemination and technical assistance to
States, training of State and Federal staff, staffing studies,
and related activities needed to improve programs under this part
(including technical assistance concerning State automated
systems required by this part); and
(2) research, demonstration, and special projects of regional
or national significance relating to the operation of State
programs under this part.
The amount appropriated under this subsection shall remain
available until expended.
(k) Denial of passports for nonpayment of child support
(1) If the Secretary receives a certification by a State agency
in accordance with the requirements of section 654(31) of this
title that an individual owes arrearages of child support in an
amount exceeding $5,000, the Secretary shall transmit such
certification to the Secretary of State for action (with respect to
denial, revocation, or limitation of passports) pursuant to
paragraph (2).
(2) The Secretary of State shall, upon certification by the
Secretary transmitted under paragraph (1), refuse to issue a
passport to such individual, and may revoke, restrict, or limit a
passport issued previously to such individual.
(3) The Secretary and the Secretary of State shall not be liable
to an individual for any action with respect to a certification by
a State agency under this section.
(l) Facilitation of agreements between State agencies and financial
institutions
The Secretary, through the Federal Parent Locator Service, may
aid State agencies providing services under State programs operated
pursuant to this part and financial institutions doing business in
two or more States in reaching agreements regarding the receipt
from such institutions, and the transfer to the State agencies, of
information that may be provided pursuant to section
666(a)(17)(A)(i) of this title, except that any State that, as of
July 16, 1998, is conducting data matches pursuant to section
666(a)(17)(A)(i) of this title shall have until January 1, 2000, to
allow the Secretary to obtain such information from such
institutions that are operating in the State. For purposes of
section 3413(d) of title 12, a disclosure pursuant to this
subsection shall be considered a disclosure pursuant to a Federal
statute.