Notes on 42 U.S.C. § 601 : US Code - Notes

Search Notes on 42 U.S.C. § 601 : US Code - Notes

(Aug. 14, 1935, ch. 531, title IV, Sec. 401, as added Pub. L. 104-
193, title I, Sec. 103(a)(1), Aug. 22, 1996, 110 Stat. 2112;
amended Pub. L. 105-33, title V, Sec. 5514(c), Aug. 5, 1997, 111
Stat. 620.)
PRIOR PROVISIONS
A prior section 601, acts Aug. 14, 1935, ch. 531, title IV, Sec.
401, 49 Stat. 627; 1946 Reorg. Plan No. 2, Sec. 4, eff. July 16,
1946, 11 F.R. 7873, 60 Stat. 1095; 1953 Reorg. Plan No. 1, Secs. 5,
8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Aug. 1, 1956,
ch. 836, title III, Sec. 312(a), 70 Stat. 848; July 25, 1962, Pub.
L. 87-543, title I, Sec. 104(a)(4), (c)(2), 76 Stat. 185, 186; Jan.
2, 1968, Pub. L. 90-248, title II, Sec. 241(b)(1), 81 Stat. 916,
related to authorization of appropriations for Aid to Families With
Dependent Children program prior to repeal by Pub. L. 104-193, Sec.
103(a)(1), as amended by Pub. L. 105-33, title V, Sec. 5514(c),
Aug. 5, 1997, 111 Stat. 620.
AMENDMENTS
1997 - Pub. L. 105-33 made technical amendment to directory
language of Pub. L. 104-193, Sec. 103(a)(1), which enacted this
section.
EFFECTIVE DATE OF 1997 AMENDMENT
Amendment by Pub. L. 105-33 effective as if included in the
provision of Pub. L. 104-193 amended at the time the provision
became law, see section 5518(d) of Pub. L. 105-33, set out as a
note under section 862a of Title 21, Food and Drugs.
EFFECTIVE DATE
Section 116 of title I of Pub. L. 104-193, as amended by Pub. L.
104-327, Sec. 1(a), (c), Oct. 19, 1996, 110 Stat. 4002, 4003; Pub.
L. 105-33, title V, Secs. 5516(b), 5517, Aug. 5, 1997, 111 Stat.
620, 621, provided that:
"(a) Effective Dates. -
"(1) In general. - Except as otherwise provided in this title
[see Tables for classification], this title and the amendments
made by this title shall take effect on July 1, 1997.
"(2) Delayed effective date for certain provisions. -
Notwithstanding any other provision of this section (but subject
to subsection (b)(1)(A)(ii)), paragraphs (2), (3), (4), (5), (8),
and (10) of section 409(a) and section 411(a) of the Social
Security Act [sections 609(a) and 611(a) of this title] (as added
by the amendments made by section 103(a) of this Act) shall not
take effect with respect to a State until, and shall apply only
with respect to conduct that occurs on or after, the later of -
"(A) July 1, 1997; or
"(B) the date that is 6 months after the date the Secretary
of Health and Human Services receives from the State a plan
described in section 402(a) of the Social Security Act [section
602(a) of this title] (as added by such amendment).
"(3) Grants to outlying areas. - The amendments made by section
103(b) [amending section 1308 of this title] shall take effect on
October 1, 1996.
"(4) Elimination of child care programs. - The amendments made
by section 103(c) [amending sections 602 and 603 of this title]
shall take effect on October 1, 1996.
"(5) Definitions applicable to new child care entitlement. -
Sections 403(a)(1)(C), 403(a)(1)(D), and 419(4) of the Social
Security Act [sections 603(a)(1)(C), (D) and 619(4) of this
title], as added by the amendments made by section 103(a) of this
Act, shall take effect on October 1, 1996.
"(6) Research, evaluations, and national studies. - Section 413
of the Social Security Act [section 613 of this title], as added
by the amendment made by section 103(a) of this Act, shall take
effect on the date of the enactment of this Act [Aug. 22, 1996].
"(b) Transition Rules. - Effective on the date of the enactment
of this Act [Aug. 22, 1996]:
"(1) State option to accelerate effective date; limitation on
fiscal years 1996 and 1997 payments. -
"(A) In general. - If the Secretary of Health and Human
Services receives from a State a plan described in section
402(a) of the Social Security Act [section 602(a) of this
title] (as added by the amendment made by section 103(a)(1) of
this Act), then -
"(i) on and after the date of such receipt -
"(I) except as provided in clause (ii), this title and the
amendments made by this title (other than by section 103(c)
of this Act [amending sections 602 and 603 of this title])
shall apply with respect to the State; and
"(II) the State shall be considered an eligible State for
purposes of part A of title IV of the Social Security Act
[this part] (as in effect pursuant to the amendments made by
such section 103(a)); and
"(ii) during the period that begins on the date of such
receipt and ends on the later of June 30, 1997, or the day
before the date described in subsection (a)(2)(B) of this
section, there shall remain in effect with respect to the
State -
"(I) section 403(h) of the Social Security Act [section 603(h)
of this title] (as in effect on September 30, 1995); and
"(II) all State reporting requirements under parts A and F of
title IV of the Social Security Act [this part and part F of
this subchapter] (as in effect on September 30, 1995),
modified by the Secretary as appropriate, taking into account
the State program under part A of title IV of the Social
Security Act (as in effect pursuant to the amendments made by
such section 103(a)).
"(B) Limitations on federal obligations. -
"(i) Under afdc program. - The total obligations of the
Federal Government to a State under part A of title IV of the
Social Security Act (as in effect on September 30, 1995) with
respect to expenditures in fiscal year 1997 shall not exceed
an amount equal to the State family assistance grant.
"(ii) Under temporary family assistance program. -
Notwithstanding section 403(a)(1) of the Social Security Act
[section 603(a)(1) of this title] (as in effect pursuant to
the amendments made by section 103(a) of this Act), the total
obligations of the Federal Government to a State under such
section 403(a)(1) -
"(I) for fiscal year 1996, shall be an amount equal to -
"(aa) the State family assistance grant; multiplied by
"(bb) 1/366 of the number of days during the period
that begins on the date the Secretary of Health and Human
Services first receives from the State a plan described in
section 402(a) of the Social Security Act [section 602(a)
of this title] (as added by the amendment made by section
103(a)(1) of this Act) and ends on September 30, 1996; and
"(II) for fiscal year 1997, shall be an amount equal to the
lesser of -
"(aa) the amount (if any) by which the sum of the State
family assistance grant and the amount, if any, that the
State would have been eligible to be paid under the
Contingency Fund for State Welfare Programs established
under section 403(b) of the Social Security Act [section
603(b) of this title] (as amended by section 103(a)(1) of
this Act), during the period beginning on October 1, 1996,
and ending on the date the Secretary of Health and Human
Services first receives from the State a plan described in
section 402(a) of the Social Security Act [section 602(a)
of this title] (as so amended) if, with respect to such
State, the effective date of this Act [title] under
subsection (a)(1) were August 22, 1996, exceeds the total
obligations of the Federal Government to the State under
part A of title IV of the Social Security Act [this part]
(as in effect on September 30, 1995) with respect to
expenditures in fiscal year 1997; or
"(bb) the sum of the State family assistance grant,
multiplied by 1/365 of the number of days during the
period that begins on October 1, 1996, or the date the
Secretary of Health and Human Services first receives from
the State a plan described in section 402(a) of the Social
Security Act (as added by the amendment made by section
103(a)(1) of this Act), whichever is later, and ends on
September 30, 1997, and the amount, if any, that the State
would have been eligible to be paid under the Contingency
Fund for State Welfare Programs established under section
403(b) of the Social Security Act (as amended by section
103(a)(1) of this Act), during the period beginning on
October 1, 1996, and ending on the date the Secretary of
Health and Human Services first receives from the State a
plan described in section 402(a) of the Social Security Act
(as so amended) if, with respect to such State, the
effective date of this Act [title] under subsection (a)(1)
were August 22, 1996.
"(iii) Child care obligations excluded in determining
federal afdc obligations. - As used in this subparagraph, the
term 'obligations of the Federal Government to the State
under part A of title IV of the Social Security Act' does not
include any obligation of the Federal Government with respect
to child care expenditures by the State.
"(C) Submission of state plan for fiscal year 1996 or 1997
deemed acceptance of grant limitations and formula and
termination of afdc entitlement. - The submission of a plan by
a State pursuant to subparagraph (A) is deemed to constitute -
"(i) the State's acceptance of the grant reductions under
subparagraph (B) (including the formula for computing the
amount of the reduction); and
"(ii) the termination of any entitlement of any individual
or family to benefits or services under the State AFDC
program.
"(D) Definitions. - As used in this paragraph:
"(i) State afdc program. - The term 'State AFDC program'
means the State program under parts A and F of title IV of
the Social Security Act (as in effect on September 30, 1995).
"(ii) State. - The term 'State' means the 50 States and the
District of Columbia.
"(iii) State family assistance grant. - The term 'State
family assistance grant' means the State family assistance
grant (as defined in section 403(a)(1)(B) of the Social
Security Act [section 603(a)(1)(B) of this title], as added
by the amendment made by section 103(a)(1) of this Act).
"(2) Claims, actions, and proceedings. - The amendments made by
this title [see Tables for classification] shall not apply with
respect to -
"(A) powers, duties, functions, rights, claims, penalties, or
obligations applicable to aid, assistance, or services provided
before the effective date of this title under the provisions
amended; and
"(B) administrative actions and proceedings commenced before
such date, or authorized before such date to be commenced,
under such provisions.
"(3) Closing out account for those programs terminated or
substantially modified by this title. - In closing out accounts,
Federal and State officials may use scientifically acceptable
statistical sampling techniques. Claims made with respect to
State expenditures under a State plan approved under part A of
title IV of the Social Security Act [this part] (as in effect on
September 30, 1995) with respect to assistance or services
provided on or before September 30, 1995, shall be treated as
claims with respect to expenditures during fiscal year 1995 for
purposes of reimbursement even if payment was made by a State on
or after October 1, 1995. Each State shall complete the filing of
all claims under the State plan (as so in effect) within 2 years
after the date of the enactment of this Act [Aug. 22, 1996]. The
head of each Federal department shall -
"(A) use the single audit procedure to review and resolve any
claims in connection with the close out of programs under such
State plans; and
"(B) reimburse States for any payments made for assistance or
services provided during a prior fiscal year from funds for
fiscal year 1995, rather than from funds authorized by this
title.
"(4) Continuance in office of assistant secretary for family
support. - The individual who, on the day before the effective
date of this title, is serving as Assistant Secretary for Family
Support within the Department of Health and Human Services shall,
until a successor is appointed to such position -
"(A) continue to serve in such position; and
"(B) except as otherwise provided by law -
"(i) continue to perform the functions of the Assistant
Secretary for Family Support under section 417 of the Social
Security Act [section 617 of this title] (as in effect before
such effective date); and
"(ii) have the powers and duties of the Assistant Secretary
for Family Support under section 416 of the Social Security
Act [section 616 of this title] (as in effect pursuant to the
amendment made by section 103(a)(1) of this Act).
"(c) Termination of Entitlement Under AFDC Program. - Effective
October 1, 1996, no individual or family shall be entitled to any
benefits or services under any State plan approved under part A or
F of title IV of the Social Security Act [this part or part F of
this subchapter] (as in effect on September 30, 1995)."
CONGRESSIONAL FINDINGS
Section 101 of Pub. L. 104-193 provided that: "The Congress makes
the following findings:
"(1) Marriage is the foundation of a successful society.
"(2) Marriage is an essential institution of a successful
society which promotes the interests of children.
"(3) Promotion of responsible fatherhood and motherhood is
integral to successful child rearing and the well-being of
children.
"(4) In 1992, only 54 percent of single-parent families with
children had a child support order established and, of that 54
percent, only about one-half received the full amount due. Of the
cases enforced through the public child support enforcement
system, only 18 percent of the caseload has a collection.
"(5) The number of individuals receiving aid to families with
dependent children (in this section referred to as 'AFDC') has
more than tripled since 1965. More than two-thirds of these
recipients are children. Eighty-nine percent of children
receiving AFDC benefits now live in homes in which no father is
present.
"(A)(i) The average monthly number of children receiving AFDC
benefits -
"(I) was 3,300,000 in 1965;
"(II) was 6,200,000 in 1970;
"(III) was 7,400,000 in 1980; and
"(IV) was 9,300,000 in 1992.
"(ii) While the number of children receiving AFDC benefits
increased nearly threefold between 1965 and 1992, the total
number of children in the United States aged 0 to 18 has
declined by 5.5 percent.
"(B) The Department of Health and Human Services has
estimated that 12,000,000 children will receive AFDC benefits
within 10 years.
"(C) The increase in the number of children receiving public
assistance is closely related to the increase in births to
unmarried women. Between 1970 and 1991, the percentage of live
births to unmarried women increased nearly threefold, from 10.7
percent to 29.5 percent.
"(6) The increase of out-of-wedlock pregnancies and births is
well documented as follows:
"(A) It is estimated that the rate of nonmarital teen
pregnancy rose 23 percent from 54 pregnancies per 1,000
unmarried teenagers in 1976 to 66.7 pregnancies in 1991. The
overall rate of nonmarital pregnancy rose 14 percent from 90.8
pregnancies per 1,000 unmarried women in 1980 to 103 in both
1991 and 1992. In contrast, the overall pregnancy rate for
married couples decreased 7.3 percent between 1980 and 1991,
from 126.9 pregnancies per 1,000 married women in 1980 to 117.6
pregnancies in 1991.
"(B) The total of all out-of-wedlock births between 1970 and
1991 has risen from 10.7 percent to 29.5 percent and if the
current trend continues, 50 percent of all births by the year
2015 will be out-of-wedlock.
"(7) An effective strategy to combat teenage pregnancy must
address the issue of male responsibility, including statutory
rape culpability and prevention. The increase of teenage
pregnancies among the youngest girls is particularly severe and
is linked to predatory sexual practices by men who are
significantly older.
"(A) It is estimated that in the late 1980's, the rate for
girls age 14 and under giving birth increased 26 percent.
"(B) Data indicates that at least half of the children born
to teenage mothers are fathered by adult men. Available data
suggests that almost 70 percent of births to teenage girls are
fathered by men over age 20.
"(C) Surveys of teen mothers have revealed that a majority of
such mothers have histories of sexual and physical abuse,
primarily with older adult men.
"(8) The negative consequences of an out-of-wedlock birth on
the mother, the child, the family, and society are well
documented as follows:
"(A) Young women 17 and under who give birth outside of
marriage are more likely to go on public assistance and to
spend more years on welfare once enrolled. These combined
effects of 'younger and longer' increase total AFDC costs per
household by 25 percent to 30 percent for 17-year-olds.
"(B) Children born out-of-wedlock have a substantially higher
risk of being born at a very low or moderately low birth
weight.
"(C) Children born out-of-wedlock are more likely to
experience low verbal cognitive attainment, as well as more
child abuse, and neglect.
"(D) Children born out-of-wedlock were more likely to have
lower cognitive scores, lower educational aspirations, and a
greater likelihood of becoming teenage parents themselves.
"(E) Being born out-of-wedlock significantly reduces the
chances of the child growing up to have an intact marriage.
"(F) Children born out-of-wedlock are 3 times more likely to
be on welfare when they grow up.
"(9) Currently 35 percent of children in single-parent homes
were born out-of-wedlock, nearly the same percentage as that of
children in single-parent homes whose parents are divorced (37
percent). While many parents find themselves, through divorce or
tragic circumstances beyond their control, facing the difficult
task of raising children alone, nevertheless, the negative
consequences of raising children in single-parent homes are well
documented as follows:
"(A) Only 9 percent of married-couple families with children
under 18 years of age have income below the national poverty
level. In contrast, 46 percent of female-headed households with
children under 18 years of age are below the national poverty
level.
"(B) Among single-parent families, nearly 1/2 of the
mothers who never married received AFDC while only 1/5 of
divorced mothers received AFDC.
"(C) Children born into families receiving welfare assistance
are 3 times more likely to be on welfare when they reach
adulthood than children not born into families receiving
welfare.
"(D) Mothers under 20 years of age are at the greatest risk
of bearing low birth weight babies.
"(E) The younger the single-parent mother, the less likely
she is to finish high school.
"(F) Young women who have children before finishing high
school are more likely to receive welfare assistance for a
longer period of time.
"(G) Between 1985 and 1990, the public cost of births to
teenage mothers under the aid to families with dependent
children program, the food stamp program, and the medicaid
program has been estimated at $120,000,000,000.
"(H) The absence of a father in the life of a child has a
negative effect on school performance and peer adjustment.
"(I) Children of teenage single parents have lower cognitive
scores, lower educational aspirations, and a greater likelihood
of becoming teenage parents themselves.
"(J) Children of single-parent homes are 3 times more likely
to fail and repeat a year in grade school than are children
from intact 2-parent families.
"(K) Children from single-parent homes are almost 4 times
more likely to be expelled or suspended from school.
"(L) Neighborhoods with larger percentages of youth aged 12
through 20 and areas with higher percentages of single-parent
households have higher rates of violent crime.
"(M) Of those youth held for criminal offenses within the
State juvenile justice system, only 29.8 percent lived
primarily in a home with both parents. In contrast to these
incarcerated youth, 73.9 percent of the 62,800,000 children in
the Nation's resident population were living with both parents.
"(10) Therefore, in light of this demonstration of the crisis
in our Nation, it is the sense of the Congress that prevention of
out-of-wedlock pregnancy and reduction in out-of-wedlock birth
are very important Government interests and the policy contained
in part A of title IV of the Social Security Act [this part] (as
amended by section 103(a) of this Act) is intended to address the
crisis."
APPROPRIATION BY STATE LEGISLATURES
Section 901 of Pub. L. 104-193 provided that:
"(a) In General. - Any funds received by a State under the
provisions of law specified in subsection (b) shall be subject to
appropriation by the State legislature, consistent with the terms
and conditions required under such provisions of law.
"(b) Provisions of Law. - The provisions of law specified in this
subsection are the following:
"(1) Part A of title IV of the Social Security Act [this part]
(relating to block grants for temporary assistance for needy
families).
"(2) The Child Care and Development Block Grant Act of 1990 [42
U.S.C. 9858 et seq.] (relating to block grants for child care)."