Notes on 42 U.S.C. § 674 : US Code - Notes

Search Notes on 42 U.S.C. § 674 : US Code - Notes

(Aug. 14, 1935, ch. 531, title IV, Sec. 474, as added Pub. L. 96-
272, title I, Sec. 101(a)(1), June 17, 1980, 94 Stat. 506; amended
Pub. L. 96-611, Sec. 3, Dec. 28, 1980, 94 Stat. 3567; Pub. L. 98-
369, div. B, title VI, Sec. 2663(c)(18), July 18, 1984, 98 Stat.
1167; Pub. L. 98-617, Sec. 4(a), (b), Nov. 8, 1984, 98 Stat. 3296,
3297; Pub. L. 99-272, title XII, Secs. 12306(a), (b), 12307(c),
Apr. 7, 1986, 100 Stat. 294, 296; Pub. L. 99-514, title XVIII, Sec.
1883(b)(9), Oct. 22, 1986, 100 Stat. 2917; Pub. L. 100-203, title
IX, Sec. 9132(a), Dec. 22, 1987, 101 Stat. 1330-313; Pub. L. 101-
239, title VIII, Secs. 8001(a), 8002(c), 8006(a), title X, Secs.
10401(a), 10402(a), 10403(c)(1), Dec. 19, 1989, 103 Stat. 2452,
2453, 2461, 2487, 2488; Pub. L. 101-508, title V, Sec. 5071(a),
Nov. 5, 1990, 104 Stat. 1388-233; Pub. L. 103-66, title XIII, Sec.
13713(a)(1), (2), (b)(1), Aug. 10, 1993, 107 Stat. 656, 657; Pub.
L. 103-432, title II, Secs. 207(a), (b), 210(a), Oct. 31, 1994, 108
Stat. 4457, 4460; Pub. L. 104-188, title I, Sec. 1808(b), Aug. 20,
1996, 110 Stat. 1903; Pub. L. 105-89, title II, Sec. 202(b), Nov.
19, 1997, 111 Stat. 2125; Pub. L. 105-200, title III, Sec. 301(b),
(c), title IV, Sec. 410(g), July 16, 1998, 112 Stat. 658, 674; Pub.
L. 106-169, title I, Sec. 101(c), Dec. 14, 1999, 113 Stat. 1828;
Pub. L. 107-133, title II, Sec. 201(f), Jan. 17, 2002, 115 Stat.
2424; Pub. L. 108-145, Sec. 4, Dec. 2, 2003, 117 Stat. 1881.)
REFERENCES IN TEXT
Parts A and B of this subchapter, referred to in subsec.
(a)(3)(C)(iii), (iv), are classified to sections 601 et seq. and
620 et seq., respectively, of this title.
The Indian Child Welfare Act of 1978, referred to in subsec.
(d)(4), is Pub. L. 95-608, Nov. 8, 1978, 92 Stat. 3069, as amended,
which is classified principally to chapter 21 (Sec. 1901 et seq.)
of Title 25, Indians. For complete classification of this Act to
the Code, see Short Title note set out under section 1901 of Title
25 and Tables.
AMENDMENTS
2003 - Subsec. (f). Pub. L. 108-145 added subsec. (f).
2002 - Subsec. (a)(4). Pub. L. 107-133, Sec. 201(f)(1), amended
par. (4) generally. Prior to amendment, par. (4) read as follows:
"the lesser of -
"(A) 80 percent of the amount (if any) by which -
"(i) the total amount expended by the State during the fiscal
year in which the quarter occurs to carry out programs in
accordance with the State application approved under section
677(b) of this title for the period in which the quarter occurs
(including any amendment that meets the requirements of section
677(b)(5) of this title); exceeds
"(ii) the total amount of any penalties assessed against the
State under section 677(e) of this title during the fiscal year
in which the quarter occurs; or
"(B) the amount allotted to the State under section 677 of this
title for the fiscal year in which the quarter occurs, reduced by
the total of the amounts payable to the State under this
paragraph for all prior quarters in the fiscal year."
Subsec. (e). Pub. L. 107-133, Sec. 201(f)(2), added subsec. (e).
1999 - Subsec. (a)(4). Pub. L. 106-169 amended par. (4)
generally. Prior to amendment, par. (4) read as follows: "an amount
equal to the sum of -
"(A) so much of the amounts expended by such State to carry out
programs under section 677 of this title as do not exceed the
basic amount for such State determined under section 677(e)(1) of
this title; and
"(B) the lesser of -
"(i) one-half of any additional amounts expended by such
State for such programs; or
"(ii) the maximum additional amount for such State under such
section 677(e)(1) of this title."
1998 - Subsec. (a). Pub. L. 105-200, Sec. 410(g), struck out
"(subject to the limitations imposed by subsection (b) of this
section)" after "this part" in introductory provisions.
Subsec. (d)(1), (2). Pub. L. 105-200, Sec. 301(b), substituted
"paragraph (18) or (23) of section 671(a) of this title" for
"section 671(a)(18) of this title".
Subsec. (e). Pub. L. 105-200, Sec. 301(c), struck out subsec. (e)
which read as follows: "Notwithstanding subsection (a) of this
section, a State shall not be eligible for any payment under this
section if the Secretary finds that, after November 19, 1997, the
State has -
"(1) denied or delayed the placement of a child for adoption
when an approved family is available outside of the jurisdiction
with responsibility for handling the case of the child; or
"(2) failed to grant an opportunity for a fair hearing, as
described in section 671(a)(12) of this title, to an individual
whose allegation of a violation of paragraph (1) of this
subsection is denied by the State or not acted upon by the State
with reasonable promptness."
1997 - Subsec. (e). Pub. L. 105-89 added subsec. (e).
1996 - Subsec. (d). Pub. L. 104-188 added subsec. (d).
1994 - Subsec. (b). Pub. L. 103-432, Sec. 207(a), (b)(2),
redesignated subsec. (d) as (b) and struck out former subsec. (b)
which related to maximum aggregate sums payable to any State and
State allotments for fiscal years 1981 to 1992.
Subsec. (b)(4). Pub. L. 103-432, Sec. 210(a), added par. (4).
Subsec. (c). Pub. L. 103-432, Sec. 207(a), (b)(2), redesignated
subsec. (e) as (c) and struck out former subsec. (c) which related
to reimbursement for expenditures.
Subsec. (d). Pub. L. 103-432, Sec. 207(b)(2), redesignated
subsec. (d) as (b).
Subsec. (d)(1). Pub. L. 103-432, Sec. 207(b)(1), substituted
"subsection (a) of this section for such quarter" for "subsections
(a), (b), and (c) of this section for such quarter" and "subsection
(a) of this section" for "the provisions of such subsections".
Subsec. (e). Pub. L. 103-432, Sec. 207(b)(2), redesignated
subsec. (e) as (c).
1993 - Subsec. (a)(3)(B). Pub. L. 103-66, Sec. 13713(a)(1)(A),
struck out "and" at end.
Subsec. (a)(3)(C). Pub. L. 103-66, Sec. 13713(b)(1), substituted
"50 percent" for "75 percent" in two places in introductory
provisions.
Pub. L. 103-66, Sec. 13713(a)(1)(C), added subpar. (C). Former
subpar. (C) redesignated (E).
Subsec. (a)(3)(D), (E). Pub. L. 103-66, Sec. 13713(a)(1)(B), (C),
added subpar. (D) and redesignated former subpar. (C) as (E).
Subsec. (e). Pub. L. 103-66, Sec. 13713(a)(2), added subsec. (e).
1990 - Subsec. (a)(3). Pub. L. 101-508 inserted "provision of
child placement services and for the" before "proper and
efficient".
1989 - Subsec. (a)(3)(B), (C). Pub. L. 101-239, Sec. 8006(a),
added subpar. (B) and redesignated former subpar. (B) as (C).
Subsec. (a)(4). Pub. L. 101-239, Sec. 8002(c), amended par. (4)
generally. Prior to amendment, par. (4) read as follows: "an amount
for transitional independent living programs as provided in section
677 of this title."
Subsec. (b)(1). Pub. L. 101-239, Sec. 10403(c)(1), amended Pub.
L. 98-617, Sec. 4(a)(1), see 1984 Amendment note below.
Pub. L. 101-239, Sec. 8001(a), substituted "through 1992" for
"through 1989".
Subsec. (b)(2)(A)(iv). Pub. L. 101-239, Sec. 10402(a), added cl.
(iv).
Subsec. (b)(2)(B). Pub. L. 101-239, Sec. 10403(c)(1), amended
Pub. L. 98-617, Sec. 4(a)(1), see 1984 Amendment note below.
Pub. L. 101-239, Sec. 8001(a), substituted "through 1992" for
"through 1989".
Subsec. (b)(4)(B). Pub. L. 101-239, Sec. 10403(c)(1), amended
Pub. L. 98-617, Sec. 4(a)(1), see 1984 Amendment note below.
Pub. L. 101-239, Sec. 8001(a), substituted "through 1992" for
"through 1989".
Subsec. (b)(5)(A). Pub. L. 101-239, Sec. 8001(a), substituted
"1992" for "1989" in introductory provisions and in cl. (ii).
Subsec. (c)(1), (2). Pub. L. 101-239, Sec. 8001(a), substituted
"through 1992" for "through 1989".
Subsec. (c)(4)(B), (C). Pub. L. 101-239, Sec. 10401(a),
substituted "$325,000,000" for "$266,000,000".
1987 - Subsec. (b)(1), (2)(A)(iii), (B), (4)(B). Pub. L. 100-203,
Sec. 9132(a)(1), substituted "through 1989" for "through 1987".
Subsec. (b)(5)(A). Pub. L. 100-203, Sec. 9132(a)(1), (2),
substituted "October 1, 1989" for "October 1, 1987" in introductory
provisions and "through 1989" for "through 1987" in cl. (ii).
Subsec. (c)(1), (2). Pub. L. 100-203, Sec. 9132(a)(3),
substituted "through 1989" for "through 1987".
1986 - Subsec. (a)(3). Pub. L. 99-272, Sec. 12307(c)(1),
substituted "; plus" for period at end.
Subsec. (a)(4). Pub. L. 99-514 realigned margins of par. (4).
Pub. L. 99-272, Sec. 12307(c)(2), added par. (4).
Subsec. (b)(1). Pub. L. 99-272, Sec. 12306(a)(1), substituted
"1987" for "1985".
Subsec. (b)(2)(A). Pub. L. 99-272, Sec. 12306(a)(2), substituted
in cl. (iii) "each of the fiscal years 1983 through 1987" for
"fiscal year 1983", and struck out cls. (iv) and (v) relating to
limitations with respect to fiscal years 1984 and 1985,
respectively, if the appropriation for each of those years is equal
to $266,000,000.
Subsec. (b)(2)(B), (4)(B). Pub. L. 99-272, Sec. 12306(a)(1),
substituted "1987" for "1985".
Subsec. (b)(5)(A). Pub. L. 99-272, Sec. 12306(a)(3), substituted
"October 1, 1987" for "October 1, 1985" in introductory provision,
and in cl. (ii) substituted "1984 through 1987" for "1984 and
1985".
Subsec. (c)(1), (2). Pub. L. 99-272, Sec. 12306(b), substituted
"1987" for "1985".
1984 - Subsec. (b)(1). Pub. L. 98-617, Sec. 4(a)(1)(A), formerly
Sec. 4(a)(1), as redesignated and amended by Pub. L. 101-239, Sec.
10403(c)(1), substituted "1985" for "1984" after "1981 through".
Subsec. (b)(2)(A)(v). Pub. L. 98-617, Sec. 4(a)(2), added cl.
(v).
Subsec. (b)(2)(B). Pub. L. 98-617, Sec. 4(a)(1)(B), formerly Sec.
4(a)(1), as redesignated and amended by Pub. L. 101-239, Sec.
10403(c)(1), substituted "1981 through 1985" for "1982 through
1984".
Subsec. (b)(4)(A). Pub. L. 98-369, Sec. 2663(c)(18)(A),
substituted "subparagraph (C)" for "subparagraph (c)".
Subsec. (b)(4)(B). Pub. L. 98-617, Sec. 4(a)(1)(A), formerly Sec.
4(a)(1), as redesignated and amended by Pub. L. 101-239, Sec.
10403(c)(1), substituted "1985" for "1984" after "1981 through".
Subsec. (b)(5)(A). Pub. L. 98-617, Sec. 4(a)(3)(A), substituted
"October 1, 1985" for "October 1, 1984".
Subsec. (b)(5)(A)(ii). Pub. L. 98-617, Sec. 4(a)(3)(B),
substituted "each of fiscal years 1984 and 1985" for "fiscal year
1984".
Subsec. (c)(1), (2). Pub. L. 98-617, Sec. 4(b), substituted
"1985" for "1984" after "1981 through".
Pub. L. 98-369, Sec. 2663(c)(18)(B), substituted "relevant" for
"relvant".
Subsec. (d)(1). Pub. L. 98-369, Sec. 2663(c)(18)(C), substituted
"and (C) such" for "and (c) such" and "Secretary may find" for
"secretary may find".
1980 - Subsec. (d). Pub. L. 96-611 added subsec. (d).
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108-145 effective Oct. 1, 2003, see section
5 of Pub. L. 108-145, set out as a note under section 673b of this
section.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107-133 effective Jan. 17, 2002, with delay
permitted if State legislation is required, see section 301 of Pub.
L. 107-133, set out as a note under section 629 of this title.
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by section 301(b), (c) of Pub. L. 105-200 effective as
if included in the enactment of section 202 of the Adoption and
Safe Families Act of 1997, Pub. L. 105-89, see section 301(d) of
Pub. L. 105-200, set out as a note under section 671 of this title.
EFFECTIVE DATE OF 1997 AMENDMENT
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.
EFFECTIVE DATE OF 1994 AMENDMENT
Section 207(c) of Pub. L. 103-432 provided that: "The amendments
and repeals made by this section [amending this section] shall
apply to payments for calendar quarters beginning on or after
October 1, 1993."
Section 210(b) of Pub. L. 103-432 provided that: "The amendment
made by subsection (a) [amending this section] shall be effective
with respect to claims made on or after the date of the enactment
of this Act [Oct. 31, 1994]."
EFFECTIVE DATE OF 1993 AMENDMENT
Section 13713(a)(3) of Pub. L. 103-66 provided that: "The
amendments made by this subsection [amending this section] shall
take effect on October 1, 1993."
Section 13713(b)(2) of Pub. L. 103-66, as amended by Pub. L. 104-
193, title V, Sec. 502, Aug. 22, 1996, 110 Stat. 2277, provided
that: "The amendment made by paragraph (1) [amending this section]
shall apply to expenditures during fiscal years beginning on or
after October 1, 1997."
EFFECTIVE DATE OF 1990 AMENDMENT
Section 5071(b) of Pub. L. 101-508 provided that: "The amendment
made by subsection (a) [amending this section] shall take effect on
the date of the enactment of this Act [Nov. 5, 1990]."
EFFECTIVE DATE OF 1989 AMENDMENT
Section 8001(b) of Pub. L. 101-239 provided that: "The amendments
made by subsection (a) [amending this section] shall take effect on
October 1, 1989."
Section 8002(e) of Pub. L. 101-239 provided that: "The amendments
made by subsections (a), (b) and (c) [amending this section and
section 677 of this title] shall take effect October 1, 1989."
Section 8006(b) of Pub. L. 101-239, as amended by Pub. L. 103-66,
title XIII, Sec. 13715, Aug. 10, 1993, 107 Stat. 657, provided
that: "The amendments made by subsection (a) [amending this
section] shall apply to expenditures made on or after October 1,
1989, and before October 1, 1992, and to expenditures made on or
after October 1, 1993."
Amendment by section 10401(a) of Pub. L. 101-239 effective Oct.
1, 1989, see section 10401(b) of Pub. L. 101-239, set out as a note
under section 620 of this title.
Section 10402(b) of Pub. L. 101-239 provided that: "The
amendments made by subsection (a) [amending this section] shall
take effect on October 1, 1989."
Section 10403(c)(2) of Pub. L. 101-239 provided that: "The
amendment made by paragraph (1) of this subsection [amending this
section] shall take effect as if included in section 4 of Public
Law 98-617 at the time such section became law [enacted Nov. 8,
1974]."
EFFECTIVE DATE OF 1987 AMENDMENT
Section 9132(b) of Pub. L. 100-203 provided that: "The amendments
made by subsection (a) [amending this section] shall become
effective October 1, 1987."
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98-369 effective July 18, 1984, but not to
be construed as changing or affecting any right, liability, status,
or interpretation which existed (under the provisions of law
involved) before that date, see section 2664(b) of Pub. L. 98-369,
set out as a note under section 401 of this title.