Page:United States Statutes at Large Volume 120.djvu/173

 120 STAT. 142

PUBLIC LAW 109–171—FEB. 8, 2006 ‘‘(i) shall first pay to the family the excess amount, to the extent necessary to satisfy support arrearages not assigned pursuant to section 408(a)(3); ‘‘(ii) if the amount collected exceeds the amount required to be paid to the family under clause (i), shall— ‘‘(I) pay to the Federal Government the Federal share of the excess amount described in this clause, subject to paragraph (3)(A); and ‘‘(II) retain, or pay to the family, the State share of the excess amount described in this clause, subject to paragraph (3)(B); and ‘‘(iii) shall pay to the family any remaining amount. ‘‘(3) LIMITATIONS.— ‘‘(A) FEDERAL REIMBURSEMENTS.—The total of the amounts paid by the State to the Federal Government under paragraphs (1) and (2) of this subsection with respect to a family shall not exceed the Federal share of the amount assigned with respect to the family pursuant to section 408(a)(3). ‘‘(B) STATE REIMBURSEMENTS.—The total of the amounts retained by the State under paragraphs (1) and (2) of this subsection with respect to a family shall not exceed the State share of the amount assigned with respect to the family pursuant to section 408(a)(3). ‘‘(4) FAMILIES THAT NEVER RECEIVED ASSISTANCE.—In the case of any other family, the State shall distribute to the family the portion of the amount so collected that remains after withholding any fee pursuant to section 454(6)(B)(ii). ‘‘(5) FAMILIES UNDER CERTAIN AGREEMENTS.—Notwithstanding paragraphs (1) through (3), in the case of an amount collected for a family in accordance with a cooperative agreement under section 454(33), the State shall distribute the amount collected pursuant to the terms of the agreement.’’. (B) STATE OPTION TO PASS THROUGH ADDITIONAL SUPPORT WITH FEDERAL FINANCIAL PARTICIPATION BEGINNING WITH FISCAL YEAR 2009.— (i) IN GENERAL.—Section 457(a) (42 U.S.C. 657(a))

is amended by adding at the end the following: ‘‘(7) STATE OPTION TO PASS THROUGH ADDITIONAL SUPPORT WITH FEDERAL FINANCIAL PARTICIPATION.— ‘‘(A) FAMILIES THAT FORMERLY RECEIVED ASSISTANCE.— Notwithstanding paragraph (2), a State shall not be required to pay to the Federal Government the Federal share of an amount collected on behalf of a family that formerly received assistance from the State to the extent that the State pays the amount to the family. ‘‘(B) FAMILIES THAT CURRENTLY RECEIVE ASSISTANCE.— ‘‘(i) IN GENERAL.—Notwithstanding paragraph (1), in the case of a family that receives assistance from the State, a State shall not be required to pay to the Federal Government the Federal share of the excepted portion (as defined in clause (ii)) of any amount collected on behalf of such family during a month to the extent that— ‘‘(I) the State pays the excepted portion to the family; and

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