U.S Code last checked for updates: May 02, 2024
All TitlesTitle 42Chapter 7Subchapter IVPart D
§ 658a.
Incentive payments to States
(a)
In general
(b)
Amount of incentive payment
(1)
In general
(2)
Incentive payment pool
(A)
In general
In paragraph (1), the term “incentive payment 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 succeeding fiscal year, multiplied by the percentage (if any) by which the CPI for such preceding fiscal year exceeds the CPI for the second preceding fiscal year.
(B)
CPI
(3)
State incentive payment share
In paragraph (1), the term “State incentive payment share” means, with respect to a fiscal 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 percentages (determined in accordance with paragraph (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 performance for the fiscal year:
(A)
The paternity establishment performance 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 maximum 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 collections 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
(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 collected during the fiscal year under the State plan approved under this part in cases in which the support obligation involved 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 collected during the fiscal year under the State plan approved under this part in cases in which the support obligation involved was so assigned but, at the time of collection, is not required to be so assigned; 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 establishment performance level
(ii)
Determination of applicable percentage
 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 establishment performance level of the State for the immediately preceding fiscal year, then the applicable percentage with respect to the State’s paternity establishment performance level is 50 percent.
(B)
Establishment of child support orders
(i)
Determination of support order performance level
(ii)
Determination of applicable percentage
 Notwithstanding the preceding sentence, if the support order performance level of a State for a fiscal year is less than 50 percent 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 performance level
(ii)
Determination of applicable percentage
 Notwithstanding the preceding sentence, if the current payment performance level of a State for a fiscal year is less than 40 percent but exceeds by at least 5 percentage points the current payment performance level of the State for the immediately preceding fiscal year, then the applicable percentage 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
(ii)
Determination of applicable percentage
 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 percentage points the arrearage payment performance level of the State for the immediately preceding fiscal year, then the applicable percentage with respect to the State’s arrearage payment performance level is 50 percent.
(E)
Cost-effectiveness
(i)
Determination of cost-effectiveness performance level
(ii)
Determination of applicable percentage
(c)
Treatment of interstate collections
(d)
Administrative provisions
(e)
Regulations
(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 improving 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.)
cite as: 42 USC 658a
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