Notes on 42 U.S.C. § 609 : US Code - Notes

Search Notes on 42 U.S.C. § 609 : US Code - Notes

(Aug. 14, 1935, ch. 531, title IV, Sec. 409, as added Pub. L. 104-
193, title I, Sec. 103(a)(1), Aug. 22, 1996, 110 Stat. 2142;
amended Pub. L. 105-33, title V, Secs. 5001(a)(2), (g), 5004(a),
5506, 5514(c), Aug. 5, 1997, 111 Stat. 589, 592, 594, 613, 620;
Pub. L. 105-200, title I, Sec. 101(b), July 16, 1998, 112 Stat.
647; Pub. L. 106-113, div. B, Sec. 1000(a)(4) [title VIII, Sec.
807(b)], Nov. 29, 1999, 113 Stat. 1535, 1501A-287; Pub. L. 106-169,
title IV, Sec. 401(b), Dec. 14, 1999, 113 Stat. 1858; Pub. L. 108-
40, Sec. 3(g), June 30, 2003, 117 Stat. 837; Pub. L. 108-89, title
I, Sec. 101(b)(3), Oct. 1, 2003, 117 Stat. 1131; Pub. L. 108-308,
Sec. 2(b)(3), Sept. 30, 2004, 118 Stat. 1135; Pub. L. 109-68, Sec.
2(b)(2)(C), Sept. 21, 2005, 119 Stat. 2003.)
REFERENCES IN TEXT
Part D of this subchapter, referred to in subsec. (a)(5),
(7)(B)(i)(I)(aa), (8), is classified to section 651 et seq. of this
title.
Title IV of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, referred to in subsec.
(a)(7)(B)(i)(IV), 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.
Part F of this subchapter, referred to in subsec.
(a)(7)(B)(iii)(I), (v), was classified to section 681 et seq. of
this title, prior to repeal by Pub. L. 104-193, title I, Sec.
108(e), Aug. 22, 1996, 110 Stat. 2167.
Section 603(a)(1)(D) of this title, referred to in subsec.
(a)(7)(B)(v), was repealed by Pub. L. 108-40, Sec. 3(a)(2), June
30, 2003, 117 Stat. 836.
PRIOR PROVISIONS
A prior section 609, act Aug. 14, 1935, ch. 531, title IV, Sec.
409, as added Nov. 5, 1990, Pub. L. 101-508, title V, Sec. 5052(a),
104 Stat. 1388-228, related to exclusion from AFDC unit of child
for whom Federal, State, or local foster care maintenance or
adoption assistance payments were made, 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 609, act Aug. 14, 1935, ch. 531, title IV,
Sec. 409, as added and amended July 25, 1962, Pub. L. 87-543, title
I, Secs. 101(b)(2)(E), 105(a), 76 Stat. 180, 186; Aug. 13, 1981,
Pub. L. 97-35, title XXIII, Sec. 2307(a), 95 Stat. 846; Sept. 3,
1982, Pub. L. 97-248, title I, Sec. 154(c), 96 Stat. 397; July 18,
1984, Pub. L. 98-369, div. B, title VI, Secs. 2627, 2641(a),
2663(c)(5), 98 Stat. 1136, 1146, 1166, related to community work
experience programs, prior to repeal by Pub. L. 100-485, title II,
Secs. 202(b)(12), 204(a), (b)(1)(A), Oct. 13, 1988, 102 Stat. 2378,
2381, effective Oct. 1, 1990, with provision for earlier effective
dates in case of States making certain changes in their State plans
and formally notifying the Secretary of Health and Human Services
of their desire to become subject to the amendments by title II of
Pub. L. 100-485 at such earlier effective dates.
AMENDMENTS
2005 - Subsec. (a)(7)(A). Pub. L. 109-68, Sec. 2(b)(2)(C)(i),
substituted "2006, or 2007" for "or 2006".
Subsec. (a)(7)(B)(ii). Pub. L. 109-68, Sec. 2(b)(2)(C)(ii),
substituted "2006" for "2005".
2004 - Subsec. (a)(7)(A). Pub. L. 108-308, Sec. 2(b)(3)(A),
substituted "2005, or 2006" for "or 2005".
Subsec. (a)(7)(B)(ii). Pub. L. 108-308, Sec. 2(b)(3)(B),
substituted "2005" for "2004".
2003 - Subsec. (a)(7)(A). Pub. L. 108-89, Sec. 101(b)(3)(A),
substituted "2004, or 2005" for "or 2004".
Pub. L. 108-40, Sec. 3(g)(1), substituted "2003, or 2004" for "or
2003".
Subsec. (a)(7)(B)(ii). Pub. L. 108-89, Sec. 101(b)(3)(B),
substituted "2004" for "2003".
Pub. L. 108-40, Sec. 3(g)(2), substituted "2003" for "2002".
1999 - Subsec. (a)(7)(B)(i)(II). Pub. L. 106-169 made technical
amendment to reference in original act which appears in text as
reference to August 22, 1996.
Subsec. (a)(8)(A)(i)(III). Pub. L. 106-113 substituted "paragraph
(24), or subparagraph (A) or (B)(i) of paragraph (27), of section
654 of this title" for "section 654(24) of this title".
1998 - Subsec. (a)(8)(A)(i)(III). Pub. L. 105-200 inserted
"(other than section 654(24) of this title)" before semicolon.
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)(C). Pub. L. 105-33, Sec. 5001(g)(2), added subpar.
(C).
Subsec. (a)(2)(A). Pub. L. 105-33, Sec. 5506(a), substituted "45
days" for "1 month".
Subsec. (a)(3)(A). Pub. L. 105-33, Sec. 5506(n)(1), struck out
"not more than" after "an amount equal to".
Subsec. (a)(3)(C). Pub. L. 105-33, Sec. 5506(n)(2), inserted
before period at end "or if the noncompliance is due to
extraordinary circumstances such as a natural disaster or regional
recession. The Secretary shall provide a written report to Congress
to justify any waiver or penalty reduction due to such
extraordinary circumstances".
Subsec. (a)(7)(B)(i)(I)(aa). Pub. L. 105-33, Sec. 5506(b),
inserted before period at end ", including any amount collected by
the State as support pursuant to a plan approved under part D of
this subchapter, on behalf of a family receiving assistance under
the State program funded under this part, that is distributed to
the family under section 657(a)(1)(B) of this title and disregarded
in determining the eligibility of the family for, and the amount
of, such assistance".
Subsec. (a)(7)(B)(i)(III). Pub. L. 105-33, Sec. 5506(c), added
subcl. (III). Former subcl. (III) redesignated (IV).
Subsec. (a)(7)(B)(i)(IV). Pub. L. 105-33, Sec. 5506(d),
substituted "this part, families" for "this part, and families" and
"section 608(a)(7) of this title, and families of aliens lawfully
present in the United States that would be eligible for such
assistance but for the application of title IV of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996" for
"section 608(a)(7) of this title or section 1612 of title 8".
Pub. L. 105-33, Sec. 5506(c), redesignated subcl. (III) as (IV).
Subsec. (a)(7)(B)(ii). Pub. L. 105-33, Sec. 5506(e), struck out
"reduced (if appropriate) in accordance with subparagraph (C)(ii)"
after "75 percent)".
Subsec. (a)(7)(B)(iv). Pub. L. 105-33, Sec. 5001(a)(2), amended
heading and text of cl. (iv) generally. Prior to amendment, text
read as follows: "The term 'expenditures by the State' does not
include -
"(I) any expenditures from amounts made available by the
Federal Government;
"(II) any State funds expended for the medicaid program under
subchapter XIX of this chapter;
"(III) any State funds which are used to match Federal funds;
or
"(IV) any State funds which are expended as a condition of
receiving Federal funds under Federal programs other than under
this part.
Notwithstanding subclause (IV) of the preceding sentence, such term
includes expenditures by a State for child care in a fiscal year to
the extent that the total amount of such expenditures does not
exceed an amount equal to the amount of State expenditures in
fiscal year 1994 or 1995 (whichever is greater) that equal the non-
Federal share for the programs described in section 618(a)(1)(A)
of this title."
Subsec. (a)(7)(B)(v). Pub. L. 105-33, Sec. 5506(f), added cl.
(v).
Subsec. (a)(8). Pub. L. 105-33, Sec. 5506(g), amended heading and
text of par. (8) generally. Prior to amendment, par. (8) provided
that if a State program operated under part D of this subchapter
was found to not have complied substantially with the requirements
of such part for any quarter, and was not complying substantially
with such requirements at the time of the finding, the Secretary
was to reduce the grant payable to the State under section
603(a)(1) of this title for certain quarters until the program was
found to be in substantial compliance with such requirements.
Subsec. (a)(9). Pub. L. 105-33, Sec. 5506(h), substituted
"608(a)(7)" for "608(a)(1)(B)".
Subsec. (a)(10). Pub. L. 105-33, Sec. 5506(i), substituted "the
qualified State expenditures (as defined in paragraph (7)(B)(i)
(other than the expenditures described in subclause (I)(bb) of that
paragraph)) under the State program funded under this part for the
fiscal year" for "the expenditures under the State program funded
under this part for the fiscal year (excluding any amounts made
available by the Federal Government)", inserted "excluding any
amount expended by the State for child care under subsection (g) or
(i) of section 602 of this title (as in effect during fiscal year
1994) for fiscal year 1994," after "(as defined in paragraph
(7)(B)(iii) of this subsection),", and inserted before period at
end "that the State has not remitted under section 603(b)(6) of
this title".
Subsec. (a)(12). Pub. L. 105-33, Sec. 5506(j), in heading
substituted "Requirement" for "Failure" and "reductions; penalty
for failure to do so" for "reductions" and in text inserted at end
"If the State fails during such succeeding fiscal year to make the
expenditure required by the preceding sentence from its own funds,
the Secretary may reduce the grant payable to the State under
section 603(a)(1) of this title for the fiscal year that follows
such succeeding fiscal year by an amount equal to the sum of -
"(A) not more than 2 percent of the State family assistance
grant; and
"(B) the amount of the expenditure required by the preceding
sentence."
Subsec. (a)(13). Pub. L. 105-33, Sec. 5001(g)(1)(A), added par.
(13).
Subsec. (a)(14). Pub. L. 105-33, Sec. 5004(a), added par. (14).
Subsec. (b)(2). Pub. L. 105-33, Sec. 5506(k), substituted "(6),
(7), (8), (10), or (12)" for "(7) or (8)".
Pub. L. 105-33, Sec. 5001(g)(1)(B), substituted "(12), or (13)"
for "or (12)".
Subsec. (c)(1)(A), (B). Pub. L. 105-33, Sec. 5506(l)(1), inserted
"or discontinue, as appropriate," after "correct".
Subsec. (c)(2). Pub. L. 105-33, Sec. 5506(l)(2), inserted "or
discontinuing" after "correcting" in heading and "or discontinues,
as appropriate" after "corrects" in text.
Subsec. (c)(3). Pub. L. 105-33, Sec. 5506(l)(3), inserted "or
discontinue" after "correct" in heading and "or discontinue, as
appropriate," before "the violation" in text.
Subsec. (c)(4). Pub. L. 105-33, Sec. 5506(m), amended heading and
text of par. (4) generally. Prior to amendment, text read as
follows: "This subsection shall not apply to the imposition of a
penalty against a State under subsection (a)(6) of this section."
Pub. L. 105-33, Sec. 5001(g)(1)(C), substituted "(12), or (13)"
for "or (12)".
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108-40 effective July 1, 2003, see section 8
of Pub. L. 108-40, set out as a note under section 603 of this
title.
EFFECTIVE DATE OF 1999 AMENDMENTS
Amendment by Pub. L. 106-169 effective as if included in the
enactment of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, Pub. L. 104-193, see section 401(q) of
Pub. L. 106-169, set out as a note under section 602 of this title.
Pub. L. 106-113, div. B, Sec. 1000(a)(4) [title VIII, Sec.
807(c)], Nov. 29, 1999, 113 Stat. 1535, 1501A-287, provided that:
"The amendments made by this section [amending this section and
section 655 of this title] shall take effect on October 1, 1999."
EFFECTIVE DATE OF 1997 AMENDMENT
Section 5004(b) of Pub. L. 105-33 provided that: "The amendment
made by subsection (a) of this section [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 5506 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.
EFFECTIVE DATE
Section effective July 1, 1997, with delayed effective date for
subsec. (a)(2)-(5), (8), (10) of this section, and 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.
(!1) See References in Text note below.
(!2) So in original. Probably should be followed by a comma.