Notes on 42 U.S.C. § 671 : US Code - Notes

Search Notes on 42 U.S.C. § 671 : US Code - Notes

(Aug. 14, 1935, ch. 531, title IV, Sec. 471, as added Pub. L. 96-
272, title I, Sec. 101(a)(1), June 17, 1980, 94 Stat. 501; amended
Pub. L. 97-35, title XXIII, Sec. 2353(r), Aug. 13, 1981, 95 Stat.
874; Pub. L. 97-248, title I, Sec. 160(d), Sept. 3, 1982, 96 Stat.
400; Pub. L. 98-378, Sec. 11(c), Aug. 16, 1984, 98 Stat. 1318; Pub.
L. 99-514, title XVII, Sec. 1711(c)(2), Oct. 22, 1986, 100 Stat.
2784; Pub. L. 100-485, title II, Sec. 202(c)(1), Oct. 13, 1988, 102
Stat. 2378; Pub. L. 101-508, title V, Sec. 5054(b), Nov. 5, 1990,
104 Stat. 1388-229; Pub. L. 103-66, title XIII, Sec. 13711(b)(4),
Aug. 10, 1993, 107 Stat. 655; Pub. L. 103-432, title II, Sec.
203(b), Oct. 31, 1994, 108 Stat. 4456; Pub. L. 104-188, title I,
Sec. 1808(a), Aug. 20, 1996, 110 Stat. 1903; Pub. L. 104-193, title
I, Sec. 108(d)(2), title V, Sec. 505, Aug. 22, 1996, 110 Stat.
2166, 2278; Pub. L. 105-33, title V, Sec. 5591(b), Aug. 5, 1997,
111 Stat. 643; Pub. L. 105-89, title I, Secs. 101(a), 106, title
III, Secs. 306, 308, Nov. 19, 1997, 111 Stat. 2116, 2120, 2132,
2133; Pub. L. 105-200, title III, Sec. 301(a), July 16, 1998, 112
Stat. 658; Pub. L. 106-169, title I, Sec. 112(a), title IV, Sec.
401(o), Dec. 14, 1999, 113 Stat. 1829, 1859.)
REFERENCES IN TEXT
Parts A, B, and D of this subchapter, referred to in subsec.
(a)(2), (4), (8)-(10), (13), and (17), are classified to sections
601 et seq., 620 et seq., and 651 et seq., respectively, of this
title.
AMENDMENTS
1999 - Subsec. (a)(8). Pub. L. 106-169, Sec. 401(o), struck out
"(including activities under part F of this subchapter)" after
"part A, B, or D of this subchapter".
Subsec. (a)(24). Pub. L. 106-169, Sec. 112(a), added par. (24).
1998 - Subsec. (a)(23). Pub. L. 105-200 added par. (23).
1997 - Subsec. (a)(15). Pub. L. 105-89, Sec. 101(a), amended par.
(15) generally. Prior to amendment, par. (15) read as follows:
"effective October 1, 1983, provides that, in each case, reasonable
efforts will be made (A) prior to the placement of a child in
foster care, to prevent or eliminate the need for removal of the
child from his home, and (B) to make it possible for the child to
return to his home;".
Subsec. (a)(17). Pub. L. 105-33, Sec. 5591(b)(1), struck out
"and" at end.
Subsec. (a)(18). Pub. L. 105-33, Sec. 5591(b)(3), redesignated
par. (18), relating to preference to adult relatives, as (19).
Pub. L. 105-33, Sec. 5591(b)(2), substituted "; and" for period
at end of par. (18) relating to denial or delay of adoption or
foster care on basis of race, color, or national origin.
Subsec. (a)(19). Pub. L. 105-33, Sec. 5591(b)(3), redesignated
par. (18), relating to preference to adult relatives, as (19).
Subsec. (a)(20). Pub. L. 105-89, Sec. 106, added par. (20).
Subsec. (a)(21). Pub. L. 105-89, Sec. 306, added par. (21).
Subsec. (a)(22). Pub. L. 105-89, Sec. 308, added par. (22).
1996 - Subsec. (a)(17). Pub. L. 104-193, Sec. 108(d)(2),
substituted "program funded under part A of this subchapter and
plan approved under part D of this subchapter" for "plans approved
under parts A and D of this subchapter".
Subsec. (a)(18). Pub. L. 104-193, Sec. 505(3), added par. (18)
relating to preference to adult relatives.
Pub. L. 104-188, Sec. 1808(a)(3), added par. (18) relating to
denial or delay of adoption or foster care on basis of race, color,
or national origin.
1994 - Subsec. (b). Pub. L. 103-432 struck out after first
sentence "However, in any case in which the Secretary finds, after
reasonable notice and opportunity for a hearing, that a State plan
which has been approved by the Secretary no longer complies with
the provisions of subsection (a) of this section, or that in the
administration of the plan there is a substantial failure to comply
with the provisions of the plan, the Secretary shall notify the
State that further payments will not be made to the State under
this part, or that such payments will be made to the State but
reduced by an amount which the Secretary determines appropriate,
until the Secretary is satisfied that there is no longer any such
failure to comply, and until he is so satisfied he shall make no
further payments to the State, or shall reduce such payments by the
amount specified in his notification to the State."
1993 - Subsec. (a)(2). Pub. L. 103-66 substituted "subpart 1 of
part B" for "part B".
1990 - Subsec. (a)(8)(E). Pub. L. 101-508, Sec. 5054(b)(2), added
cl. (E).
Subsec. (a)(9). Pub. L. 101-508, Sec. 5054(b)(1), amended par.
(9) generally. Prior to amendment, par. (9) read as follows:
"provides that where any agency of the State has reason to believe
that the home or institution in which a child resides whose care is
being paid for in whole or in part with funds provided under this
part or part B of this subchapter is unsuitable for the child
because of the neglect, abuse, or exploitation of such child, it
shall bring such condition to the attention of the appropriate
court or law enforcement agency;".
1988 - Subsec. (a)(8)(A). Pub. L. 100-485 substituted "part A, B,
or D of this subchapter (including activities under part F of this
subchapter)" for "part A, B, C, or D of this subchapter".
1986 - Subsec. (a)(1), (11). Pub. L. 99-514 substituted "adoption
assistance" for "adoption assistance payments".
1984 - Subsec. (a)(17). Pub. L. 98-378 added par. (17).
1982 - Subsec. (a)(10). Pub. L. 97-248 amended Pub. L. 97-35,
Sec. 2353(r), generally. See 1981 Amendment note below.
1981 - Subsec. (a)(10). Pub. L. 97-35, Sec. 2353(r), as amended
by Pub. L. 97-248, Sec. 160(d), substituted provisions that in
order for a State to be eligible for payments under this part a
State plan must provide for establishment or designation of a State
authority or authorities responsible for standards for foster
family homes and child care institutions, such standards to be
reasonably in accord with recommended standards of national
organizations concerned with standards for such institutions or
homes, including standards related to admission policies, safety,
sanitation, and protection of civil rights, for provisions that
such State plan provide for the application of standards referred
to in section 1397b(d)(1) of this title.
EFFECTIVE DATE OF 1999 AMENDMENT
Pub. L. 106-169, title I, Sec. 112(b), Dec. 14, 1999, 113 Stat.
1829, provided that: "The amendments made by subsection (a)
[amending this section] shall take effect on October 1, 1999."
Amendment by section 401(o) of 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.
EFFECTIVE DATE OF 1998 AMENDMENT
Pub. L. 105-200, title III, Sec. 301(d), July 16, 1998, 112 Stat.
658, provided that: "The amendments made by this section [amending
this section and section 674 of this title] shall take effect as if
included in the enactment of section 202 of the Adoption and Safe
Families Act of 1997 (Public Law 105-89; 111 Stat. 2125) [see
Effective Date of 1997 Amendments note below]."
EFFECTIVE DATE OF 1997 AMENDMENTS
Amendment by Pub. L. 105-89 effective Nov. 19, 1997, except as
otherwise provided, with delay permitted if State legislation is
required, see section 501 of Pub. L. 105-89, set out as a note
under section 622 of this title.
Amendment by Pub. L. 105-33 effective as if included in the
enactment of title V of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996, Pub. L. 104-193, see
section 5593 of Pub. L. 105-33, set out as a note under section 622
of this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by section 108(d)(2) of Pub. L. 104-193 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 an Effective Date note under section 601 of this title.
EFFECTIVE DATE OF 1994 AMENDMENT
Section 203(c)(2) of Pub. L. 103-432 provided that: "The
amendment made by subsection (b) [amending this section] shall take
effect on October 1, 1995."
EFFECTIVE DATE OF 1993 AMENDMENT
Amendment by Pub. L. 103-66 effective with respect to calendar
quarters beginning on or after Oct. 1, 1993, see section 13711(c)
of Pub. L. 103-66, set out as a note under section 622 of this
title.
EFFECTIVE DATE OF 1990 AMENDMENT
Section 5054(c) of Pub. L. 101-508 provided that: "The amendments
made by this section [amending this section and section 602 of this
title] shall apply with respect to benefits for months beginning on
or after the first day of the 6th calendar month following the
month in which this Act is enacted [November 1990]."
EFFECTIVE DATE OF 1988 AMENDMENT
Section 204 of title II of Pub. L. 100-485 provided that:
"(a) In General. - Except as provided in subsection (b), the
amendments made by this title [enacting sections 681 to 687 of this
title, amending this section, sections 602, 603, 607, 1308, 1396a,
and 1396s of this title, and section 51 of Title 26, Internal
Revenue Code, repealing sections 609, 614, 630 to 632, and 633 to
645 of this title, and enacting provisions set out as notes under
section 681 of this title] shall become effective on October 1,
1990.
"(b) Special Rules. - (1)(A) If any State makes the changes in
its State plan approved under section 402 of the Social Security
Act [section 602 of this title] that are required in order to carry
out the amendments made by this title and formally notifies the
Secretary of Health and Human Services of its desire to become
subject to such amendments as of the first day of any calendar
quarter beginning on or after the date on which the proposed
regulations of the Secretary of Health and Human Services are
published under section 203(a) [42 U.S.C. 671 note] (or, if
earlier, the date on which such regulations are required to be
published under such section) and before October 1, 1990, such
amendments shall become effective with respect to that State as of
such first day.
"(B) In the case of any State in which the amendments made by
this title become effective (in accordance with subparagraph (A))
with respect to any quarter of a fiscal year beginning before
October 1, 1990, the limitation applicable to the State for the
fiscal year under section 403(k)(2) of the Social Security Act
[section 603(k)(2) of this title] (as added by section 201(c)(1) of
this Act) shall be an amount that bears the same ratio to such
limitation (as otherwise determined with respect to the State for
the fiscal year) as the number of quarters in the fiscal year
throughout which such amendments apply to the State bears to 4.
"(2) Section 403(l)(3) of the Social Security Act [section
603(l)(3) of this title] (as added by section 201(c)(2) of this
Act) is repealed effective October 1, 1995 (except that
subparagraph (A) of such section 403(l)(3) shall remain in effect
for purposes of applying any reduction in payment rates required by
such subparagraph for any of the fiscal years specified therein);
and section 403(l)(4) of such Act (as so added) is repealed
effective October 1, 1998.
"(3) Subsections (a), (c), and (d) of section 203 of this Act [42
U.S.C. 671 note, 681 notes], and section 486 of the Social Security
Act [section 686 of this title] (as added by section 201(b) of this
Act), shall become effective on the date of the enactment of this
Act [Oct. 13, 1988]."
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99-514 applicable only with respect to
expenditures made after Dec. 31, 1986, see section 1711(d) of Pub.
L. 99-514, set out as a note under section 670 of this title.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98-378 effective Oct. 1, 1984, and
applicable to collections made on or after that date, see section
11(e) of Pub. L. 98-378, set out as a note under section 654 of
this title.
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97-248 effective Oct. 1, 1981, see section
160(e) of Pub. L. 97-248, set out as a note under section 1301 of
this title.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97-35 effective Oct. 1, 1981, except as
otherwise explicitly provided, see section 2354 of Pub. L. 97-35,
set out as an Effective Date note under section 1397 of this title.
REGULATIONS
Section 203(a) of title II of Pub. L. 100-485 provided that: "Not
later than 6 months after the date of the enactment of this Act
[Oct. 13, 1988], the Secretary of Health and Human Services (in
this section referred to as the 'Secretary') shall issue proposed
regulations for the purpose of implementing the amendments made by
this title [see Effective Date of 1988 Amendment note above],
including regulations establishing uniform data collection
requirements. The Secretary shall publish final regulations for
such purpose not later than one year after the date of the
enactment of this Act. Regulations issued under this subsection
shall be developed by the Secretary in consultation with the
Secretary of Labor and with the responsible State agencies
described in section 482(a)(2) of the Social Security Act [section
682(a)(2) of this title]."
PRESERVATION OF REASONABLE PARENTING
Section 401 of Pub. L. 105-89 provided that: "Nothing in this Act
[see Short Title of 1997 Amendment note set out under section 1305
of this title] is intended to disrupt the family unnecessarily or
to intrude inappropriately into family life, to prohibit the use of
reasonable methods of parental discipline, or to prescribe a
particular method of parenting."
REPORTING REQUIREMENTS
Section 402 of Pub. L. 105-89 provided that: "Any information
required to be reported under this Act [see Short Title of 1997
Amendment note set out under section 1305 of this title] shall be
supplied to the Secretary of Health and Human Services through data
meeting the requirements of the Adoption and Foster Care Analysis
and Reporting System established pursuant to section 479 of the
Social Security Act (42 U.S.C. 679), to the extent such data is
available under that system. The Secretary shall make such
modifications to regulations issued under section 479 of such Act
with respect to the Adoption and Foster Care Analysis and Reporting
System as may be necessary to allow States to obtain data that
meets the requirements of such system in order to satisfy the
reporting requirements of this Act."
PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS
Section 406 of Pub. L. 105-89 provided that:
"(a) In General. - It is the sense of the Congress that, to the
greatest extent practicable, all equipment and products purchased
with funds made available under this Act [see Short Title of 1997
Amendment note set out under section 1305 of this title] should be
American-made.
"(b) Notice Requirement. - In providing financial assistance to,
or entering into any contract with, any entity using funds made
available under this Act, the head of each Federal agency, to the
greatest extent practicable, shall provide to such entity a notice
describing the statement made in subsection (a) by the Congress."
(!1) So in original. Probably should be "includes".