he shall make no further certification to the Secretary of the Treasury with respect to such State. 13 JUDICIAL REVIEW SEC. 304. [42 U.S.C. 504] (a) Whenever the Secretary of Labor(1) finds that a State law does not include any provision specified in section 303(a), or (2) makes a finding with respect to a State under subsection (b), (c), (d), (e), (h), (i), or (j) of section 303, such State may, within 60 days after the Governor of the State has been notified of such action, file with the United States court of appeals for the circuit in which such State is located or with the United States Court of Appeals for the District of Columbia, a petition for review of such action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary of Labor. The Secretary of Labor thereupon shall file in the court the record of the proceedings on which he based his action as provided in section 2112 of title 28, United States Code. (b) The findings of fact by the Secretary of Labor, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Secretary of Labor to take further evidence and the Secretary of Labor may thereupon make new or modified findings of fact and may modify his previous action, and shall certify to the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. (c) The court shall have jurisdiction to affirm the action of the Secretary of Labor or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28 of the United States Code. (d)(1) The Secretary of Labor shall not withhold any certification for payment to any State under section 302 until the expiration of 60 days after the Governor of the State has been notified of the action referred to in paragraph (1) or (2) of subsection (a) or until the State has filed a petition for review of such action, whichever is earlier. (2) The commencement of judicial proceedings under this section shall stay the Secretary's action for a period of 30 days, and the court may thereafter grant interim relief if warranted, including a further stay of the Secretary's action and including such other relief as may be necessary to preserve status or rights. E 13 See Vol. II, P.L. 103–152, §4(c), with respect to technical assistance. TITLE IV-GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE SERVICES 1 TABLE OF CONTENTS OF TITLE 2 Page Part A-Block Grants to States for Temporary Assistance for Needy Families Purpose Sec. 401. 259 260 1Title IV of the Social Security Act is administered by the Department of Health and Human Services. The Office of Family Assistance administers benefit payments under Title IV, Parts A and C. The Administration for Public Services, Office of Human Development Services, administers social services under Title IV, Parts B and E. The Office of Child Support Enforcement administers the child support program under Title IV, Part D. Title IV appears in the United States Code as §§601-687, subchapter IV, chapter 7, Title 42. Regulations of the Secretary of Health and Human Services relating to Title IV are contained in chapters II, III, and XIII, Title 45, Code of Federal Regulations. Regulations of the Secretary of Labor relating to Title IV are contained in subtitle A, Title 29, and chapter 29, Title 41, Code of Federal Regulations. See Vol. II, 31 U.S.C. 3720 and 3720A, with respect to collection of payments due to Federal agencies; 6504-6505, with respect to intergovernmental cooperation; 7501-7507, with respect to uniform audit requirements for State and local governments receiving Federal financial assist ance. See Vol. II, P.L. 82–183, §618, which prohibits denial of grants-in-aid under certain conditions. See Vol. II, P.L. 88-352, §601, for prohibition against discrimination in federally assisted programs. See Vol. II, P.L. 89-73, §213, with respect to eligibility for Federal surplus property. See Vol. II, P.L. 89-97, §121(b), with respect to restrictions on payment to a State receiving payments under Title XIX. See Vol. II, Appendix, P.L. 94-241, §1, for §502(a)(1) of H.J. Res. 549, with respect to participation by the Commonwealth of the Northern Mariana Islands on the same basis as Guam. See Vol. II, P.L. 95-521, §102(i), with respect to reporting of benefits received under the Social Security Act. See Vol. II, P.L. 97-300, §106(e)(2), with respect to performance standards; §202(b)(3)(B), with respect to governors' incentive grants; and §§501-505, with respect to the payment of a bonus for the successful job placement of certain employable dependent individuals. See Vol. II, P.L. 99-401, §205(a)(1)(B), with respect to State agencies' involvement in temporary child care for children with disabilities and crisis nurseries. See Vol. II, P.L. 100-204, §724(d), with respect to furnishing information to the United States Commission on Improving the Effectiveness of the United Nations; and §725(b), with respect to the detailing of Government personnel. See Vol. II, P.L. 100-235, §§5-8, with respect to responsibilities of each Federal agency for computer systems security and privacy. See Vol. II, P.L. 100-690, §5301(a)(1)(C) and (d)(1)(B), with respect to benefits of drug traffickers and possessors. See Vol. II, P.L. 101-239, §8015, with respect to demonstration of effectiveness of Minnesota family investment plan and $10404, with respect to a demonstration project using volunteer senior aides to provide medical assistance and support to families with disabled or ill children. See Vol. II, P.L. 101-508, §§13301 and 13302, with respect to the OASDI Trust Funds. See Vol. II, P.L. 103–66, §13712, with respect to entitlement funding for State courts to assess and improve handling of proceedings relating to foster care and adoption; and §13716, with respect to the moratorium on collection of disallowances. See Vol. II, P.L. 103-432, $233, with respect to New Hope Demonstration Project. See Vol. II, P.L. 105–89, §401, with respect to preservation of reasonable parenting; §403, with respect to the sense of Congress regarding standby guardianship; §405, with respect to coordination of substance abuse and child protection services; and §406, with respect to the purchase of American-made equipment and products. 2This table of contents does not appear in the law. Subpart 2-Promoting Safe and Stable Families Purposes; Limitations on authorizations of appropriations; Res- 343 ervation of certain amounts. Definitions Sec. 430. Sec. 431. Sec. 432. State plans .................. Sec. 459. Consent by the United States to income withholding, garnish 404 ment, and similar proceedings for enforcement of child sup- Sec. 463. Use of Federal Parent Locator Service in connection with the 410 Sec. 464. Sec. 465. Sec. 466. Collection of past-due support from Federal tax refunds 412 414 415 Sec. 467. State guidelines for child support awards 432 Sec. 468. Encouragement of States to adopt simple civil process for vol- 432 Sec. 469. Sec. 469A. Collection and reporting of child support enforcement data 432 433 Sec. 469B. Grants to States for access and visitation programs 434 Part E-Federal Payments for Foster Care and Adoption Assistance PART A-BLOCK GRANTS TO STATES FOR TEMPORARY PART A-BLOCK GRANTS TO STATES FOR TEMPORARY PURPOSE SEC. 401. [42 U.S.C. 601] (a) IN GENERAL.-The purpose of this part is to increase the flexibility of States in operating a program designed to (1) provide assistance to needy families so that children may be cared for in their own homes or in the homes of relatives; See Vol. II, P.L. 105–285, §§401-416, with respect to certain demonstration projects under the "Assets for Independence Act". See Vol. II, P.L. 105-285, 88401-416, with respect to certain demonstration projects under the "Assets for Independence Act”. (2) end the dependence of needy parents on government benefits by promoting job preparation, work, and marriage; (3) prevent and reduce the incidence of out-of-wedlock pregnancies and establish annual numerical goals for preventing and reducing the incidence of these pregnancies; and (4) encourage the formation and maintenance of two-parent families. (b) NO INDIVIDUAL ENTITLEMENT.-This part shall not be interpreted to entitle any individual or family to assistance under any State program funded under this part. ELIGIBLE STATES; STATE PLAN SEC. 402. [42 U.S.C. 602] (a) IN GENERAL.-As used in this part, the term "eligible State" means, with respect to a fiscal year, a State that, during the 27-month period ending with the close of the 1st quarter of the fiscal year, has submitted to the Secretary a plan that the Secretary has found includes the following: (1) OUTLINE OF FAMILY ASSISTANCE PROGRAM.— (A) GENERAL PROVISIONS.-A written document that outlines how the State intends to do the following: (i) Conduct a program, designed to serve all political subdivisions in the State (not necessarily in a uniform manner), that provides assistance to needy families with (or expecting) children and provides parents with job preparation, work and support services to enable them to leave the program and become self-sufficient. (ii) Require a parent or caretaker receiving assistance under the program to engage in work (as defined by the State) once the State determines the parent or caretaker is ready to engage in work, or once the parent or caretaker has received assistance under the program for 24 months (whether or not consecutive), whichever is earlier, consistent with section 407(e)(2). (iii) Ensure that parents and caretakers receiving assistance under the program engage in work activities in accordance with section 407. (iv) Take such reasonable steps as the State deems. necessary to restrict the use and disclosure of information about individuals and families receiving assistance under the program attributable to funds provided by the Federal Government. (v) Establish goals and take action to prevent and reduce the incidence of out-of-wedlock pregnancies, with special emphasis on teenage pregnancies, and establish numerical goals for reducing the illegitimacy ratio of the State (as defined in section 403(a)(2)(C)(iii)). (vi) Conduct a program, designed to reach State and local law enforcement officials, the education system, and relevant counseling services, that provides education and training on the problem of statutory rape so that teenage pregnancy prevention programs may be expanded in scope to include men. (B) SPECIAL PROVISIONS. |