Notes on 42 U.S.C. § 608 : US Code - Notes

Search Notes on 42 U.S.C. § 608 : US Code - Notes

(Aug. 14, 1935, ch. 531, title IV, Sec. 408, as added Pub. L. 104-
193, title I, Sec. 103(a)(1), Aug. 22, 1996, 110 Stat. 2134;
amended Pub. L. 105-33, title V, Secs. 5001(d), (h)(1), 5505,
5514(c), 5532(b)(2), 5581(a), Aug. 5, 1997, 111 Stat. 591, 593,
610, 620, 626, 642.)
REFERENCES IN TEXT
Part D of this subchapter, referred to in subsec. (a)(2),
(11)(B), is classified to section 651 et seq. of this title.
The Food Stamp Act of 1977, referred to in subsec. (a)(8), is
Pub. L. 88-525, Aug. 31, 1964, 78 Stat. 703, as amended, which is
classified generally to chapter 51 (Sec. 2011 et seq.) of Title 7,
Agriculture. For complete classification of this Act to the Code,
see Short Title note set out under section 2011 of Title 7 and
Tables.
For effective date of this part, referred to in subsec.
(b)(2)(B)(i), see Effective Date note set out below.
The Age Discrimination Act of 1975, referred to in subsec.
(d)(1), is title III of Pub. L. 94-135, Nov. 28, 1975, 89 Stat.
728, as amended, which is classified generally to chapter 76 (Sec.
6101 et seq.) of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 6101 of
this title and Tables.
The Americans with Disabilities Act of 1990, referred to in
subsec. (d)(3), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327,
which is classified principally to chapter 126 (Sec. 12101 et seq.)
of this title. For complete classification of this Act to the Code,
see Short Title note set out under section 12101 of this title and
Tables.
The Civil Rights Act of 1964, referred to in subsec. (d)(4), is
Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of
the Act is classified generally to subchapter V (Sec. 2000d et
seq.) of chapter 21 of this title. For complete classification of
this Act to the Code, see Short Title note set out under section
2000a of this title and Tables.
Title IV of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, referred to in subsec. (e), is title IV
(Sec. 400 et seq.) of Pub. L. 104-193, Aug. 22, 1996, 110 Stat.
2260. For complete classification of title IV to the Code, see
Tables.
PRIOR PROVISIONS
A prior section 608, act Aug. 14, 1935, ch. 531, title IV, Sec.
408, as added Dec. 19, 1989, Pub. L. 101-239, title VIII, Sec.
8004(a), 103 Stat. 2454; amended Oct. 31, 1994, Pub. L. 103-432,
title II, Sec. 265(a), 108 Stat. 4469, related to AFDC quality
control system, 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.
Another prior section 608, act Aug. 14, 1935, ch. 531, title IV,
Sec. 408, as added May 8, 1961, Pub. L. 87-31, Sec. 2, 75 Stat. 76;
amended July 25, 1962, Pub. L. 87-543, title I, Secs. 101(b)(2)(D),
104(a)(3)(F), (G), 131(b), 135(a)-(d), 155(a), 76 Stat. 180, 185,
193, 196, 197, 207; Jan. 2, 1968, Pub. L. 90-248, title II, Secs.
201(e)(4), 205(c), 81 Stat. 880, 892; June 17, 1980, Pub. L. 96-
272, title I, Secs. 101(a)(5)(A), 102(b), 94 Stat. 513, 515,
related to payment to States for foster home care of dependent
children, prior to repeal by Pub. L. 96-272, title I, Sec.
101(a)(2), June 17, 1980, 94 Stat. 512, effective, with certain
exceptions, to expenditures made after Sept. 30, 1980.
AMENDMENTS
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)(1). Pub. L. 105-33, Sec. 5505(a), amended heading and
text of par. (1) generally. Prior to amendment, text read as
follows: "A State to which a grant is made under section 603 of
this title shall not use any part of the grant to provide
assistance to a family -
"(A) unless the family includes -
"(i) a minor child who resides with a custodial parent or
other adult caretaker relative of the child; or
"(ii) a pregnant individual; and
"(B) if the family includes an adult who has received
assistance under any State program funded under this part
attributable to funds provided by the Federal Government, for 60
months (whether or not consecutive) after the date the State
program funded under this part commences (unless an exception
described in subparagraph (B), (C), or (D) of paragraph (7)
applies)."
Subsec. (a)(3). Pub. L. 105-33, Sec. 5505(b), substituted "ceases
to receive assistance under" for "leaves" in introductory
provisions and cl. (ii) of subpar. (A) and in subpar. (B) and
substituted "after such date" for "after the date the family leaves
the program" in introductory provisions of subpar. (A).
Subsec. (a)(3)(A). Pub. L. 105-33, Sec. 5532(b)(2), redesignated
cls. (i) and (ii) as subcls. (I) and (II), respectively, of cl. (i)
and added a new cl. (ii).
Subsec. (a)(5)(A)(ii). Pub. L. 105-33, Sec. 5505(c), made
technical correction to heading in original.
Subsec. (a)(7)(C)(ii). Pub. L. 105-33, Sec. 5505(d)(1),
substituted "The average monthly number" for "The number" and
inserted "during the fiscal year or the immediately preceding
fiscal year (but not both), as the State may elect" before period
at end.
Subsec. (a)(7)(D). Pub. L. 105-33, Sec. 5505(d)(2), amended
heading and text of subpar. (D) generally. Prior to amendment, text
read as follows: "In determining the number of months for which an
adult has received assistance under the State program funded under
this part, the State shall disregard any month during which the
adult lived on an Indian reservation or in an Alaskan Native
village if, during the month -
"(i) at least 1,000 individuals were living on the reservation
or in the village; and
"(ii) at least 50 percent of the adults living on the
reservation or in the village were unemployed."
Subsec. (a)(7)(G). Pub. L. 105-33, Sec. 5001(d), added subpar.
(G).
Subsecs. (c), (d). Pub. L. 105-33, Sec. 5001(h)(1), added subsec.
(c) and redesignated former subsec. (c) as (d). Former subsec. (d)
redesignated (e).
Subsec. (e). Pub. L. 105-33, Sec. 5505(e), added subsec. (e) and
struck out heading and text of former subsec. (e). Text read as
follows: "For special rules relating to the treatment of aliens,
see section 1612 of title 8."
Pub. L. 105-33, Sec. 5001(h)(1)(A), redesignated subsec. (d) as
(e).
Subsec. (f). Pub. B. 105-33, Sec. 5505(e), added subsec. (f).
Subsec. (g). Pub. L. 105-33, Sec. 5581(a), added subsec. (g).
EFFECTIVE DATE OF 1997 AMENDMENT
Section 5001(h)(2) of Pub. L. 105-33 provided that: "The
amendments made by paragraph (1) [amending this section] shall take
effect as if included in the enactment of section 103(a) of the
Personal Responsibility and Work Opportunity Reconciliation Act of
1996 [Pub. L. 104-193]."
Amendment by section 5505 of Pub. L. 105-33 effective as if
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 103(a) became law, see section 5518(a) of Pub. L.
105-33, set out as a note under section 602 of this title.
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.
Pub. L. 105-33, title V, Sec. 5557, Aug. 5, 1997, 111 Stat. 637,
as amended by Pub. L. 105-200, title IV, Sec. 410(e)(1), July 16,
1998, 112 Stat. 673, provided that:
"(a) In General. - Except as provided in subsection (b), the
amendments made by this chapter [chapter 3 (Secs. 5531-5557) of
subtitle F of title V of Pub. L. 105-33, amending this section,
sections 652 to 654, 654b, 655, 656, 657 to 659, 663, 664, and 666
of this title, section 1738B of Title 28, Judiciary and Judicial
Procedure, and provisions set out as a note under section 655 of
this title] shall take effect as if included in the enactment of
title III of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (Public Law 104-193; 110 Stat. 2105).
"(b) Exception. - The amendments made by section 5532(b)(2) of
this Act [amending this section] shall take effect as if the
amendments had been included in the enactment of section 103(a) of
the Personal Responsibility and Work Opportunity Reconciliation Act
of 1996 (Public Law 104-193; 110 Stat. 2112). The amendment made by
section 5536(1)(A) [amending section 666 of this title] shall not
take effect with respect to a State until October 1, 2000, or such
earlier date as the State may select."
[Pub. L. 105-200, title IV, Sec. 410(e)(2), July 16, 1998, 112
Stat. 673, provided that: "The amendment made by paragraph (1)
[amending section 5557 of Pub. L. 105-33, set out above] shall take
effect as if included in the enactment of section 5557 of the
Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat. 637)."]
Section 5581(a) of Pub. L. 105-33 provided that the amendment
made by that section is effective July 1, 1997.
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.
ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
FUNCTIONS
For abolition of Immigration and Naturalization Service, transfer
of functions, and treatment of related references, see note set out
under section 1551 of Title 8, Aliens and Nationality.