Page:United States Statutes at Large Volume 98 Part 2.djvu/151

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PUBLIC LAW 98-000—MMMM. DD, 1984

PUBLIC LAW 98-378—AUG. 16, 1984

98 STAT. 1311

administrative costs), and (ii) may vary among such individuals on the basis of ability to pay (as determined by the State), and". (d) Section 454 of such Act (as amended by subsection (a) of this section) is further amended— (1) by striking out "and" at the end of paragraph (19); (2) by striking out the period at the end of paragraph (20) and inserting in lieu thereof "; and"; and (3) by adding after paragraph (20) the following new paragraph: "(21)(A) at the option of the State, impose a late payment fee on all overdue support (as defined in section 466(e)) under any obligation being enforced under this part, in an amount equal to a uniform percentage determined by the State (not less than 3 percent nor more than 6 percent) of the overdue support, which shall be payable by the absent parent owing the overdue support; and "(B) assure that the fee will be collected in addition to, and only after full payment of, the overdue support, and that the imposition of the late payment fee shall not directly or indirectly result in a decrease in the amount of the support which is paid to the child (or spouse) to whom, or on whose behalf, it is owed.". (e) Section 454(5) of such Act is amended by inserting after "directly to the family" the following: ", and the individual will be notified at least annually of the amount of the support payments collected;". (f) Section 454 of such Act is further amended by adding at the end thereof (after and below paragraph (21) (as added by subsection (d) of this section)) the following new sentence: "The State may allow the jurisdiction which makes the collection involved to retain any application fee under paragraph (6)(B) or any late payment fee under paragraph (21).". (g)(1) Except as provided in paragraphs (2) and (3), the amendments made by this section shall become effective on October 1, 1985. (2) Section 454(21) of the Social Security Act (as added by subsection (d) of this section), and section 466(e) of such Act (as added by subsection (b) of this section), shall be effective with respect to support owed for any month beginning after the date of the enactment of this Act. (3) In the case of a State with respect to which the Secretary of Health and Human Services has determined that State legislation is required in order to conform the State plan approved under part D of title IV of the Social Security Act to the requirements imposed by any amendment made by this section, the State plan shall not be regarded as failing to comply with the requirements of such part solely by reason of its failure to meet the requirements imposed by such amendment prior to the beginning of the fourth month beginning after the end of the first session of the State legislature which ends on or after October 1, 1985. For purposes of the preceding sentence, the term "session" means a regular, special, budget, or other session of a State legislature.

Ante, p. 1306.

Ante, p. 1306.

• ! 42 USC 654.


' i

Supra. Ante, p. 1310. Effective dates, 42 USC 654 note. Supra. Ante, p. 1306.

42 USC 651.


SEC. 4. (a) Section 455(a) of the Social Security Act is amended— 42 USC 655. (1) by inserting "(1)" after "(a)";