Notes on 42 U.S.C. § 602 : US Code - Notes

Search Notes on 42 U.S.C. § 602 : US Code - Notes

(Aug. 14, 1935, ch. 531, title IV, Sec. 402, as added Pub. L. 104-
193, title I, Sec. 103(a)(1), Aug. 22, 1996, 110 Stat. 2113;
amended Pub. L. 105-33, title V, Secs. 5501, 5514(c), Aug. 5, 1997,
111 Stat. 606, 620; Pub. L. 106-169, title IV, Sec. 401(a), Dec.
14, 1999, 113 Stat. 1858.)
REFERENCES IN TEXT
Parts D and E of this subchapter, referred to in subsec. (a)(2),
(3), are classified to sections 651 et seq. and 670 et seq.,
respectively, of this title.
PRIOR PROVISIONS
A prior section 602, acts Aug. 14, 1935, ch. 531, title IV, Sec.
402, 49 Stat. 627; Aug. 10, 1939, ch. 666, title IV, Sec. 401, 53
Stat. 1379; Aug. 28, 1950, ch. 809, title III, pt. 2, Sec. 321, pt.
6, Sec. 361(c), (d), 64 Stat. 549, 558; Aug. 1, 1956, ch. 836,
title III, Sec. 312(b), 70 Stat. 849; July 25, 1962, Pub. L. 87-
543, title I, Secs. 103, 104(a)(2), (3)(A), (B), (5)(A), 106(b),
76 Stat. 185, 188; July 30, 1965, Pub. L. 89-97, title IV, Secs.
403(b), 410, 79 Stat. 418, 423; Jan. 2, 1968, Pub. L. 90-248, title
II, Secs. 201(a), (b), 202(a), (b), 204(b), (e), 205(a), 210(a)(2),
211(a), 213(b), 81 Stat. 877, 879, 881, 890, 892, 895, 896, 898;
Dec. 28, 1971, Pub. L. 92-223, Sec. 3(a)(1)-(7), 85 Stat. 803, 804;
Oct. 30, 1972, Pub. L. 92-603, title II, Sec. 299E(c), title IV,
Sec. 414(a), 86 Stat. 1462, 1492; Jan. 4, 1975, Pub. L. 93-647,
Secs. 3(a)(1), (2), (8), 101(c)(2)-(5), (8), 88 Stat. 2348, 2349,
2359, 2360; Aug. 9, 1975, Pub. L. 94-88, title II, Secs. 202, 207,
208(a), 209, 89 Stat. 434, 436, 437; Dec. 20, 1977, Pub. L. 95-216,
title IV, Sec. 403(c), 91 Stat. 1561; Apr. 1, 1980, Pub. L. 96-222,
title I, Sec. 101(a)(2)(A), 94 Stat. 195; June 9, 1980, Pub. L. 96-
265, title IV, Secs. 401(a)-(f), 403(a), 406(b), 94 Stat. 460-462,
465, 466; June 17, 1980, Pub. L. 96-272, title I, Sec.
101(a)(3)(A), title III, Sec. 302(a), 94 Stat. 512, 528; Oct. 19,
1980, Pub. L. 96-473, Sec. 6(f), 94 Stat. 2266; Aug. 13, 1981, Pub.
L. 97-35, title XXIII, Secs. 2301-2306(a), 2310, 2313(b), (c)(1),
2314, 2315(a), 2316, 2318, 2320(a), (b)(1), 2353(b)(1), (c), 95
Stat. 843-846, 852, 854-857, 872; Sept. 3, 1982, Pub. L. 97-248,
title I, Secs. 151(a), 152(a), 154(a), 96 Stat. 395, 396; Oct. 13,
1982, Pub. L. 97-300, title VI, Sec. 603, formerly title V, Sec.
503, 96 Stat. 1398, renumbered title VI, Sec. 603, Nov. 7, 1988,
Pub. L. 100-628, title VII, Sec. 712(a)(1), (2), 102 Stat. 3248;
Jan. 6, 1983, Pub. L. 97-424, title V, Sec. 545(b), 96 Stat. 2198;
Apr. 20, 1983, Pub. L. 98-21, title IV, Sec. 404(b), 97 Stat. 140;
July 18, 1984, Pub. L. 98-369, div. B, title VI, Secs. 2621-
2624(a), 2625(a), 2626, 2628, 2629, 2631-2634, 2636, 2639(a), (c),
2640(a), (c), 2642(a), (b), 2651(b)(1), (2), 2663(c)(1), (3)(B),
(l)(1), 98 Stat. 1134-1137, 1141, 1142, 1144-1146, 1149, 1165,
1166, 1171; Aug. 16, 1984, Pub. L. 98-378, Sec. 9(a)(2), 98 Stat.
1316; Apr. 7, 1986, Pub. L. 99-272, title XII, Secs. 12303(a),
12304(a), 100 Stat. 292; Oct. 22, 1986, Pub. L. 99-514, Sec. 2,
title XVIII, Sec. 1883(a)(5)(B), (b)(1)(A), (2)(A), (B), (3)(A),
(4), (5), 100 Stat. 2095, 2916, 2917; Nov. 6, 1986, Pub. L. 99-603,
title II, Sec. 201(b)(1), title III, Secs. 302(b)(1), 303(e)(1),
100 Stat. 3403, 3422, 3431; Dec. 22, 1987, Pub. L. 100-203, title
IX, Secs. 9102(b), 9133(b)(1), 101 Stat. 1330-300, 1330-314; Oct.
13, 1988, Pub. L. 100-485, title I, Secs. 102(a), 123(d), title II,
Secs. 201(a), 202(b)(1)-(3), title III, Secs. 301, 302(a), (b)(1),
(c), 303(b)(3), (f)(2)(B), (C), 304(b)(2), title IV, Secs.
401(a)(1), (2)(A), (b)(2), (f), (h), 402(a)-(c), 403(a), 404(a),
title VI, Secs. 604(a), 605(a), 102 Stat. 2346, 2353, 2356, 2377,
2382-2384, 2392, 2393, 2395-2398, 2409; Dec. 19, 1989, Pub. L. 101-
239, title X, Sec. 10403(a)(1)(B)(i), (C)(i), 103 Stat. 2487; Nov.
5, 1990, Pub. L. 101-508, title V, Secs. 5051(a), (b), 5053(a),
5054(a), 5055(a), 5060(a), 5081(a), (c), (d), title XI, Sec.
11115(a), 104 Stat. 1388-227 to 1388-229, 1388-231, 1388-233, 1388-
236, 1388-414; Aug. 10, 1993, Pub. L. 103-66, title XIII, Sec.
13742(a), 107 Stat. 663; Oct. 20, 1994, Pub. L. 103-382, title III,
Sec. 394(k), 108 Stat. 4029; Oct. 31, 1994, Pub. L. 103-432, title
II, Secs. 235(a), 264(c), 108 Stat. 4466, 4468; Aug. 22, 1996, Pub.
L. 104-193, title I, Sec. 103(c)(1), (2)(A), 110 Stat. 2161,
related to State plans for aid and services to needy families with
children 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, effective July 1, 1997.
AMENDMENTS
1999 - Subsec. (a)(1)(B)(iv). Pub. L. 106-169 made technical
amendment to reference in original act which appears in text as
reference to August 22, 1996.
1997 - Pub. L. 105-33, Sec. 5514(c), made technical amendment to
directory language of Pub. L. 104-193, Sec. 103(a)(1), which
enacted this section.
Subsec. (a). Pub. L. 105-33, Sec. 5501(a), substituted "27-month
period ending with the close of the 1st quarter of" for "2-year
period immediately preceding" in introductory provisions.
Subsec. (a)(1)(A)(ii). Pub. L. 105-33, Sec. 5501(b), inserted ",
consistent with section 607(e)(2) of this title" before period at
end.
Subsec. (a)(1)(A)(v). Pub. L. 105-33, Sec. 5501(c), substituted
"section 603(a)(2)(C)(iii)" for "section 603(a)(2)(B)".
Subsec. (b). Pub. L. 105-33, Sec. 5501(d)(1), added subsec. (b).
Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 105-34, Sec. 5501(d)(2), inserted "or plan
amendment" after "plan".
Pub. L. 105-33, Sec. 5501(d)(1), redesignated subsec. (b) as (c).
EFFECTIVE DATE OF 1999 AMENDMENT
Pub. L. 106-169, title IV, Sec. 401(q), Dec. 14, 1999, 113 Stat.
1859, provided that: "Except as provided in subsection (l)
[amending section 604 of this title and enacting provisions set out
as a note under section 604 of this title], the amendments made by
this section [amending this section and sections 604, 609, 613,
616, 629a, 652, 654, 655, 657, 666, 671, and 1320b-7 of this title]
shall take effect as if included in the enactment of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996
(Public Law 104-193; 110 Stat. 2105)."
EFFECTIVE DATE OF 1997 AMENDMENT
Amendment by section 5514(c) of 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.
Section 5518(a) of title V of Pub. L. 105-33 provided that: "The
amendments made by this chapter to a provision of part A of title
IV of the Social Security Act [chapter 1 (Secs. 5501-5518) of
subtitle F of title V of Pub. L. 105-33, amending this section and
sections 603, 604, 607, 608, 609, 611, 612, 613, and 616 of this
title] shall take effect as if the amendments had been included in
section 103(a) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 [Pub. L. 104-193] at the time such
section became law."
EFFECTIVE DATE
Section effective July 1, 1997, with transition rules relating to
State options to accelerate such date, rules relating to claims,
actions, and proceedings commenced before such date, rules relating
to closing out of accounts for terminated or substantially modified
programs and continuance in office of Assistant Secretary for
Family Support, and provisions relating to termination of
entitlement under AFDC program, see section 116 of Pub. L. 104-193,
as amended, set out as a note under section 601 of this title.
DEMONSTRATION OF FAMILY INDEPENDENCE PROGRAM
Section 9121 of Pub. L. 100-203 authorized State of Washington,
upon application of State and approval by Secretary of Health and
Human Services, to conduct demonstration project for purpose of
testing whether operation of its Family Independence Program
enacted in May 1987, as alternative to AFDC program under this
subchapter, would more effectively break the cycle of poverty and
provide families with opportunities for economic independence and
strengthened family functioning, prior to repeal by Pub. L. 104-
193, title I, Sec. 110(b), Aug. 22, 1996, 110 Stat. 2171.
CHILD SUPPORT DEMONSTRATION PROGRAM IN NEW YORK STATE
Section 9122 of Pub. L. 100-203 authorized State of New York,
upon application by State and approval by Secretary of Health and
Human Services, to conduct demonstration program in accordance with
this section for purpose of testing State's Child Support
Supplemental Program as alternative to the program of Aid to
Families with Dependent Children under this subchapter, prior to
repeal by Pub. L. 104-193, title I, Sec. 110(c), Aug. 22, 1996, 110
Stat. 2171.
UTILITY PAYMENTS MADE BY TENANTS IN ASSISTED HOUSING
Pub. L. 98-181, title II, Sec. 221, Nov. 30, 1983, 97 Stat. 1188,
as amended by Pub. L. 98-479, title I, Sec. 102(g)(3), Oct. 17,
1984, 98 Stat. 2222, provided that notwithstanding any other
provision of law, for purposes of determining eligibility, or
amount of benefits payable, under this part, any utility payment
made in lieu of any rental payment by person living in dwelling
unit in lower income housing project assisted under the United
States Housing Act of 1937 (42 U.S.C. 1437 et seq.) or section
1715z-1 of Title 12, Banks and Banking, was to be considered to be
shelter payment, prior to repeal by Pub. L. 104-193, title I, Sec.
110(d), Aug. 22, 1996, 110 Stat. 2171.
EXCLUSION FROM INCOME
Section 159 of Pub. L. 97-248 provided that payments made under
statutorily established State program to meet certain needs of
children receiving aid under State's plan approved under this part
were to be excluded from income of such children and their families
for purposes of section 602(a)(17) of this title and for all other
purposes of this part and of such plan, effective Sept. 3, 1982, if
the payments were made to such children by State agency
administering such plan, but were made without Federal financial
participation under section 603(a) of this title or otherwise, and
if State program had been continuously in effect since before Jan.
1, 1979, prior to repeal by Pub. L. 104-193, title I, Sec. 110(e),
Aug. 22, 1996, 110 Stat. 2171.
STATE PLANS TO DISREGARD EARNED INCOME OF INDIVIDUALS IN
DETERMINATION OF NEED FOR AID; EFFECTIVE DATE
Section 202(d) of Pub. L. 90-248 provided that effective with
respect to quarters beginning after June 30, 1968, in determining
need of individuals claiming aid under State plan approved under
this part, State was to apply provisions of this part
notwithstanding any provisions of law other than this chapter
requiring State to disregard earned income of such individuals in
determining need under such State plan, prior to repeal by Pub. L.
104-193, title I, Sec. 110(f), Aug. 22, 1996, 110 Stat. 2171.