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U.S. Code as of:
01/19/04
Section 674. Payments to States
(a) Amounts
For each quarter beginning after September 30, 1980, each State
which has a plan approved under this part shall be entitled to a
payment equal to the sum of -
(1) an amount equal to the Federal medical assistance
percentage (as defined in section 1396d(b) of this title) of the
total amount expended during such quarter as foster care
maintenance payments under section 672 of this title for children
in foster family homes or child-care institutions; plus
(2) an amount equal to the Federal medical assistance
percentage (as defined in section 1396d(b) of this title) of the
total amount expended during such quarter as adoption assistance
payments under section 673 of this title pursuant to adoption
assistance agreements; plus
(3) an amount equal to the sum of the following proportions of
the total amounts expended during such quarter as found necessary
by the Secretary for the provision of child placement services
and for the proper and efficient administration of the State plan
-
(A) 75 per centum of so much of such expenditures as are for
the training (including both short- and long-term training at
educational institutions through grants to such institutions or
by direct financial assistance to students enrolled in such
institutions) of personnel employed or preparing for employment
by the State agency or by the local agency administering the
plan in the political subdivision,
(B) 75 percent of so much of such expenditures (including
travel and per diem expenses) as are for the short-term
training of current or prospective foster or adoptive parents
and the members of the staff of State-licensed or
State-approved child care institutions providing care to foster
and adopted children receiving assistance under this part, in
ways that increase the ability of such current or prospective
parents, staff members, and institutions to provide support and
assistance to foster and adopted children, whether incurred
directly by the State or by contract,
(C) 50 percent of so much of such expenditures as are for the
planning, design, development, or installation of statewide
mechanized data collection and information retrieval systems
(including 50 percent of the full amount of expenditures for
hardware components for such systems) but only to the extent
that such systems -
(i) meet the requirements imposed by regulations
promulgated pursuant to section 679(b)(2) of this title;
(ii) to the extent practicable, are capable of interfacing
with the State data collection system that collects
information relating to child abuse and neglect;
(iii) to the extent practicable, have the capability of
interfacing with, and retrieving information from, the State
data collection system that collects information relating to
the eligibility of individuals under part A of this
subchapter (for the purposes of facilitating verification of
eligibility of foster children); and
(iv) are determined by the Secretary to be likely to
provide more efficient, economical, and effective
administration of the programs carried out under a State plan
approved under part B of this subchapter or this part; and
(D) 50 percent of so much of such expenditures as are for the
operation of the statewide mechanized data collection and
information retrieval systems referred to in subparagraph (C);
and
(E) one-half of the remainder of such expenditures; plus
(4) an amount equal to the amount (if any) by which -
(A) the lesser of -
(i) 80 percent of the amounts expended by the State during
the fiscal year in which the quarter occurs to carry out
programs in accordance with the State application approved
under section 677(b) of this title for the period in which
the quarter occurs (including any amendment that meets the
requirements of section 677(b)(5) of this title); or
(ii) the amount allotted to the State under section
677(c)(1) of this title for the fiscal year in which the
quarter occurs, reduced by the total of the amounts payable
to the State under this paragraph for all prior quarters in
the fiscal year; exceeds
(B) the total amount of any penalties assessed against the
State under section 677(e) of this title during the fiscal year
in which the quarter occurs.
(b) Quarterly estimates of State's entitlement for next quarter;
payments; United States' pro rata share of amounts recovered as
overpayment; allowance, disallowance, or deferral of claim
(1) The Secretary shall, prior to the beginning of each quarter,
estimate the amount to which a State will be entitled under
subsection (a) of this section for such quarter, such estimates to
be based on (A) a report filed by the State containing its estimate
of the total sum to be expended in such quarter in accordance with
subsection (a) of this section, and stating the amount appropriated
or made available by the State and its political subdivisions for
such expenditures in such quarter, and if such amount is less than
the State's proportionate share of the total sum of such estimated
expenditures, the source or sources from which the difference is
expected to be derived, (B) records showing the number of children
in the State receiving assistance under this part, and (C) such
other investigation as the Secretary may find necessary.
(2) The Secretary shall then pay to the State, in such
installments as he may determine, the amounts so estimated, reduced
or increased to the extent of any overpayment or underpayment which
the Secretary determines was made under this section to such State
for any prior quarter and with respect to which adjustment has not
already been made under this subsection.
(3) The pro rata share to which the United States is equitably
entitled, as determined by the Secretary, of the net amount
recovered during any quarter by the State or any political
subdivision thereof with respect to foster care and adoption
assistance furnished under the State plan shall be considered an
overpayment to be adjusted under this subsection.
(4)(A) Within 60 days after receipt of a State claim for
expenditures pursuant to subsection (a) of this section, the
Secretary shall allow, disallow, or defer such claim.
(B) Within 15 days after a decision to defer such a State claim,
the Secretary shall notify the State of the reasons for the
deferral and of the additional information necessary to determine
the allowability of the claim.
(C) Within 90 days after receiving such necessary information (in
readily reviewable form), the Secretary shall -
(i) disallow the claim, if able to complete the review and
determine that the claim is not allowable, or
(ii) in any other case, allow the claim, subject to
disallowance (as necessary) -
(I) upon completion of the review, if it is determined that
the claim is not allowable; or
(II) on the basis of findings of an audit or financial
management review.
(c) Automated data collection expenditures
The Secretary shall treat as necessary for the proper and
efficient administration of the State plan all expenditures of a
State necessary in order for the State to plan, design, develop,
install, and operate data collection and information retrieval
systems described in subsection (a)(3)(C) of this section, without
regard to whether the systems may be used with respect to foster or
adoptive children other than those on behalf of whom foster care
maintenance payments or adoption assistance payments may be made
under this part.
(d) Reduction for violation of plan requirement
(1) If, during any quarter of a fiscal year, a State's program
operated under this part is found, as a result of a review
conducted under section 1320a-2a of this title, or otherwise, to
have violated paragraph (18) or (23) of section 671(a) of this
title with respect to a person or to have failed to implement a
corrective action plan within a period of time not to exceed 6
months with respect to such violation, then, notwithstanding
subsection (a) of this section and any regulations promulgated
under section 1320a-2a(b)(3) of this title, the Secretary shall
reduce the amount otherwise payable to the State under this part,
for that fiscal year quarter and for any subsequent quarter of such
fiscal year, until the State program is found, as a result of a
subsequent review under section 1320a-2a of this title, to have
implemented a corrective action plan with respect to such
violation, by -
(A) 2 percent of such otherwise payable amount, in the case of
the 1st such finding for the fiscal year with respect to the
State;
(B) 3 percent of such otherwise payable amount, in the case of
the 2nd such finding for the fiscal year with respect to the
State; or
(C) 5 percent of such otherwise payable amount, in the case of
the 3rd or subsequent such finding for the fiscal year with
respect to the State.
In imposing the penalties described in this paragraph, the
Secretary shall not reduce any fiscal year payment to a State by
more than 5 percent.
(2) Any other entity which is in a State that receives funds
under this part and which violates paragraph (18) or (23) of
section 671(a) of this title during a fiscal year quarter with
respect to any person shall remit to the Secretary all funds that
were paid by the State to the entity during the quarter from such
funds.
(3)(A) Any individual who is aggrieved by a violation of section
671(a)(18) of this title by a State or other entity may bring an
action seeking relief from the State or other entity in any United
States district court.
(B) An action under this paragraph may not be brought more than 2
years after the date the alleged violation occurred.
(4) This subsection shall not be construed to affect the
application of the Indian Child Welfare Act of 1978 [25 U.S.C. 1901
et seq.].
(e) Discretionary grants for educational and training vouchers for
youths aging out of foster care
From amounts appropriated pursuant to section 677(h)(2) of this
title, the Secretary may make a grant to a State with a plan
approved under this part, for a calendar quarter, in an amount
equal to the lesser of -
(1) 80 percent of the amounts expended by the State during the
quarter to carry out programs for the purposes described in
section 677(a)(6) of this title; or
(2) the amount, if any, allotted to the State under section
677(c)(3) of this title for the fiscal year in which the quarter
occurs, reduced by the total of the amounts payable to the State
under this subsection for such purposes for all prior quarters in
the fiscal year.
(f) Reduction for failure to submit required data
(1) If the Secretary finds that a State has failed to submit to
the Secretary data, as required by regulation, for the data
collection system implemented under section 679 of this title, the
Secretary shall, within 30 days after the date by which the data
was due to be so submitted, notify the State of the failure and
that payments to the State under this part will be reduced if the
State fails to submit the data, as so required, within 6 months
after the date the data was originally due to be so submitted.
(2) If the Secretary finds that the State has failed to submit
the data, as so required, by the end of the 6-month period referred
to in paragraph (1) of this subsection, then, notwithstanding
subsection (a) of this section and any regulations promulgated
under section 1320a-2a(b)(3) of this title, the Secretary shall
reduce the amounts otherwise payable to the State under this part,
for each quarter ending in the 6-month period (and each quarter
ending in each subsequent consecutively occurring 6-month period
until the Secretary finds that the State has submitted the data, as
so required), by -
(A) 1/6 of 1 percent of the total amount expended by the
State for administration of foster care activities under the
State plan approved under this part in the quarter so ending, in
the case of the 1st 6-month period during which the failure
continues; or
(B) 1/4 of 1 percent of the total amount so expended, in the
case of the 2nd or any subsequent such 6-month period.
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