Notes on 42 U.S.C. § 677 : US Code - Notes

Search Notes on 42 U.S.C. § 677 : US Code - Notes

(Aug. 14, 1935, ch. 531, title IV, Sec. 477, as added Pub. L. 99-
272, title XII, Sec. 12307(a), Apr. 7, 1986, 100 Stat. 294;
amended Pub. L. 100-647, title VIII, Sec. 8104(a)-(d), (f), Nov.
10, 1988, 102 Stat. 3796, 3797; Pub. L. 101-239, title VIII, Sec.
8002(a), (b), Dec. 19, 1989, 103 Stat. 2452; Pub. L. 101-508, title
V, Sec. 5073(a), Nov. 5, 1990, 104 Stat. 1388-233; Pub. L. 103-66,
title XIII, Sec. 13714(a), Aug. 10, 1993, 107 Stat. 657; Pub. L.
105-89, title III, Sec. 304, Nov. 19, 1997, 111 Stat. 2130; Pub. L.
106-169, title I, Sec. 101(b), Dec. 14, 1999, 113 Stat. 1824; Pub.
L. 107-133, title II, Secs. 201(a)-(e), 202(a), Jan. 17, 2002, 115
Stat. 2422, 2423, 2425.)
REFERENCES IN TEXT
The Juvenile Justice and Delinquency Prevention Act of 1974,
referred to in subsec. (b)(3)(F), is Pub. L. 93-415, Sept. 7, 1974,
88 Stat. 1109, as amended. Part B of title III of the Act is
classified generally to Part B (Sec. 5714-1 et seq.) of subchapter
III of chapter 72 of this title. For complete classification of
this Act to the Code, see Short Title note under section 5601 of
this title and Tables.
CODIFICATION
December 14, 1999, referred to in subsec. (f), was in the
original "the date of the enactment of this section" which was
translated as meaning the date of enactment of Pub. L. 106-169,
which amended this section generally, to reflect the probable
intent of Congress.
AMENDMENTS
2002 - Subsec. (a)(6). Pub. L. 107-133, Sec. 201(a), added par.
(6).
Subsec. (b)(3)(J). Pub. L. 107-133, Sec. 201(c), added subpar.
(J).
Subsec. (c)(1). Pub. L. 107-133, Sec. 201(e)(1), in heading
substituted "General program allotment" for "In general" and in
text substituted "From the amount specified in subsection (h)(1)"
for "From the amount specified in subsection (h)", "which bears the
ratio" for "which bears the same ratio", and "equal to the State
foster care ratio, as adjusted in accordance with paragraph (2)."
for "as the number of children in foster care under a program of
the State in the most recent fiscal year for which such information
is available bears to the total number of children in foster care
in all States for such most recent fiscal year, as adjusted in
accordance with paragraph (2)."
Subsec. (c)(3), (4). Pub. L. 107-133, Sec. 201(e)(2), added pars.
(3) and (4).
Subsec. (d)(4). Pub. L. 107-133, Sec. 202(a), added par. (4).
Subsec. (h). Pub. L. 107-133, Sec. 201(d), substituted "there are
authorized to be appropriated to the Secretary for each fiscal year
- " and pars. (1) and (2) for "there are authorized to be
appropriated to the Secretary $140,000,000 for each fiscal year."
Subsec. (i). Pub. L. 107-133, Sec. 201(b), added subsec. (i).
1999 - Pub. L. 106-169 amended section generally, substituting
present provisions for provisions which had authorized payments to
States and localities for establishment of programs designed to
assist children who have attained age 16 in making transition from
foster care to independent living, and set forth provisions
relating to administration of programs, assurances, types of
programs, amounts of entitlement, and provisions requiring annual
report and promulgation of regulations.
1997 - Subsec. (a)(2)(A). Pub. L. 105-89 inserted before comma at
end "(including children with respect to whom such payments are no
longer being made because the child has accumulated assets, not to
exceed $5,000, which are otherwise regarded as resources for
purposes of determining eligibility for benefits under this part)".
1993 - Subsec. (a)(1). Pub. L. 103-66, Sec. 13714(a)(1), struck
out at end "Such payments shall be made only for the fiscal years
1987 through 1992."
Subsec. (c). Pub. L. 103-66, Sec. 13714(a)(2), substituted "any
succeeding fiscal year" for "any of the fiscal years 1988 through
1992".
Subsec. (e)(1)(A). Pub. L. 103-66, Sec. 13714(a)(3), substituted
"fiscal year 1987 and any succeeding fiscal year" for "each of the
fiscal years 1987 through 1992".
Subsec. (e)(1)(B). Pub. L. 103-66, Sec. 13714(a)(4), substituted
"fiscal year 1991 and any succeeding fiscal year" for "fiscal years
1991 and 1992".
Subsec. (e)(1)(C)(ii)(II). Pub. L. 103-66, Sec. 13714(a)(5),
substituted "any succeeding fiscal year" for "fiscal year 1992".
1990 - Subsec. (a)(2)(C). Pub. L. 101-508 inserted "who has not
attained age 21" after "also include any child" and struck out
before semicolon ", but such child may not be so included after the
end of the 6-month period beginning on the date of discontinuance
of such payments or care".
1989 - Subsec. (a)(1). Pub. L. 101-239, Sec. 8002(a)(1),
substituted "through 1992" for ", 1988, and 1989".
Subsec. (c). Pub. L. 101-239, Sec. 8002(a)(2), substituted "any
of the fiscal years 1988 through 1992" for "the fiscal year 1988 or
1989".
Subsec. (e)(1). Pub. L. 101-239, Sec. 8002(b)(1), (2), (4), (5),
designated existing provisions as subpar. (A), substituted "The
basic amount" for "The amount" and "the basic ceiling for such
fiscal year" for "$45,000,000", and added subpars. (B) and (C).
Pub. L. 101-239, Sec. 8002(b)(3), which directed amendment of
subpar. (A) by substituting "1989, 1990, 1991, and 1992" for "and
1989" could not be executed because the words "and 1989" did not
appear after execution of amendment by Pub. L. 101-239, Sec.
8002(a)(1), see below.
Pub. L. 101-239, Sec. 8002(a)(1), substituted "through 1992" for
", 1988, and 1989".
1988 - Subsec. (a). Pub. L. 100-647, Sec. 8104(a)(1), substituted
"1987, 1988, and 1989" for "1987 and 1988".
Subsec. (a)(1). Pub. L. 100-647, Sec. 8104(c), designated
existing provisions as par. (1), substituted "children described in
paragraph (2) who have attained age 16" for "children, with respect
to whom foster care maintenance payments are being made by the
State under this part and who have attained age 16," and added par.
(2).
Subsec. (a)(2)(C). Pub. L. 100-647, Sec. 8104(d), added subpar.
(C).
Subsec. (c). Pub. L. 100-647, Sec. 8104(a)(2), substituted "for
the fiscal year 1988 or 1989, such description and assurances must
be submitted prior to February 1 of such fiscal year" for "for
fiscal year 1988, such description and assurances must be submitted
prior to January 1, 1988".
Subsec. (e)(1). Pub. L. 100-647, Sec. 8104(a)(1), substituted
"1987, 1988, and 1989" for "1987 and 1988".
Subsec. (e)(3). Pub. L. 100-647, Sec. 8104(f), inserted at end
"Amounts payable under this section may not be used for the
provision of room or board."
Subsec. (f). Pub. L. 100-647, Sec. 8104(b), inserted at end
"Notwithstanding paragraph (3), payments made to a State under this
section for the fiscal year 1987 and unobligated may be expended by
such State in the fiscal year 1989."
Subsec. (g)(1). Pub. L. 100-647, Sec. 8104(a)(3), (4),
substituted "Not later than the first January 1 following the end
of each fiscal year, each State shall submit to the Secretary a
report on the programs carried out during such fiscal year" for
"Not later than March 1, 1988, each State shall submit to the
Secretary a report on the programs carried out".
Subsec. (g)(2). Pub. L. 100-647, Sec. 8104(a)(5), (6),
substituted:
"(A) Not later than July 1, 1988, the Secretary shall submit an
interim report on the activities carried out under this section.
"(B) Not later than March 1, 1989,"
for "Not later than July 1, 1988," and substituted "fiscal years
1987 and 1988" for "fiscal year 1987" in subpar. (B).
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 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 1993 AMENDMENT
Section 13714(b) of Pub. L. 103-66 provided that: "The amendments
made by subsection (a) [amending this section] shall apply to
activities engaged in, on, or after October 1, 1992."
EFFECTIVE DATE OF 1990 AMENDMENT
Section 5073(b) of Pub. L. 101-508 provided that: "The amendments
made by subsection (a) [amending this section] shall apply to
payments made under part E of title IV of the Social Security Act
[part E of this subchapter] for fiscal years beginning in or after
fiscal year 1991."
EFFECTIVE DATE OF 1989 AMENDMENT
Amendment by Pub. L. 101-239 effective Oct. 1, 1989, see section
8002(e) of Pub. L. 101-239, set out as a note under section 674 of
this title.
EFFECTIVE DATE OF 1988 AMENDMENT
Section 8104(g) of Pub. L. 100-647 provided that:
"(1) The amendments made by subsections (a), (b), and (e)
[amending this section and section 675 of this title] shall take
effect on October 1, 1988.
"(2) The amendments made by subsections (c), (d), and (f)
[amending this section] shall take effect on the date of the
enactment of this Act [Nov. 10, 1988]."
REGULATIONS
Pub. L. 106-169, title I, Sec. 101(d), Dec. 14, 1999, 113 Stat.
1828, provided that: "Not later than 12 months after the date of
the enactment of this Act [Dec. 14, 1999], the Secretary of Health
and Human Services shall issue such regulations as may be necessary
to carry out the amendments made by this section [amending this
section and section 674 of this title]."
TEMPORARY EXTENSION OF AVAILABILITY OF INDEPENDENT LIVING FUNDS
Pub. L. 107-133, title II, Sec. 202(b), Jan. 17, 2002, 115 Stat.
2425, provided that: "Notwithstanding section 477(d)(3) of the
Social Security Act [subsec. (d)(3) of this section], payments made
to a State under section 477 of such Act for fiscal year 2000 shall
remain available for expenditure by the State through fiscal year
2002."
FINDINGS
Pub. L. 106-169, title I, Sec. 101(a), Dec. 14, 1999, 113 Stat.
1823, provided that: "The Congress finds the following:
"(1) States are required to make reasonable efforts to find
adoptive families for all children, including older children, for
whom reunification with their biological family is not in the
best interests of the child. However, some older children will
continue to live in foster care. These children should be
enrolled in an Independent Living program designed and conducted
by State and local government to help prepare them for
employment, postsecondary education, and successful management of
adult responsibilities.
"(2) Older children who continue to be in foster care as
adolescents may become eligible for Independent Living programs.
These Independent Living programs are not an alternative to
adoption for these children. Enrollment in Independent Living
programs can occur concurrent with continued efforts to locate
and achieve placement in adoptive families for older children in
foster care.
"(3) About 20,000 adolescents leave the Nation's foster care
system each year because they have reached 18 years of age and
are expected to support themselves.
"(4) Congress has received extensive information that
adolescents leaving foster care have significant difficulty
making a successful transition to adulthood; this information
shows that children aging out of foster care show high rates of
homelessness, non-marital childbearing, poverty, and delinquent
or criminal behavior; they are also frequently the target of
crime and physical assaults.
"(5) The Nation's State and local governments, with financial
support from the Federal Government, should offer an extensive
program of education, training, employment, and financial support
for young adults leaving foster care, with participation in such
program beginning several years before high school graduation and
continuing, as needed, until the young adults emancipated from
foster care establish independence or reach 21 years of age."
STUDY AND REPORT EVALUATING EFFECTIVENESS OF PROGRAMS
Section 8002(d) of Pub. L. 101-239 provided that:
"(1) Study. - The Secretary of Health and Human Services shall
study the programs authorized under section 477 of the Social
Security Act [this section] for the purposes of evaluating the
effectiveness of the programs. The study shall include a comparison
of outcomes of children who participated in the programs and a
comparable group of children who did not participate in the
programs.
"(2) Report. - Upon completion of the study, the Secretary shall
issue a report to the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of Representatives."