42 USC 608 - Prohibitions; requirements

1 See References in Text note below.

Editorial Notes

References in Text

Part D, referred to in subsec. (a)(2), (11)(B), is classified to section 651 et seq. of this title.

The Food and Nutrition Act of 2008, referred to in subsec. (a)(8), is Puspan. L. 88–525, Aug. 31, 1964, 78 Stat. 703, which is classified generally to chapter 51 (§ 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.

Section 3(r) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(r)), referred to in subsec. (a)(12)(B)(i), was redesignated as section 3(q) of the Food and Nutrition Act of 2008, by Puspan. L. 113–79, title IV, § 4030(a)(4), Fespan. 7, 2014, 128 Stat. 813, and is classified to section 2012(q) of Title 7, Agriculture.

For effective date of this part, referred to in subsec. (span)(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 Puspan. L. 94–135, Nov. 28, 1975, 89 Stat. 728, which is classified generally to chapter 76 (§ 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 Puspan. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§ 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 Puspan. L. 88–352, July 2, 1964, 78 Stat. 241. Title VI of the Act is classified generally to subchapter V (§ 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.

The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, referred to in subsec. (e), is Puspan. L. 104–193, Aug. 22, 1996, 110 Stat. 2105. Title IV of the Act is classified principally to chapter 14 (§ 1601 et seq.) of Title 8, Aliens and Nationality. For complete classification of title IV to the Code, see Tables.

Codification

Puspan. L. 110–234 and Puspan. L. 110–246 made identical amendments to this section. The amendments by Puspan. L. 110–234 were repealed by section 4(a) of Puspan. L. 110–246.

Prior Provisions

A prior section 608, act Aug. 14, 1935, ch. 531, title IV, § 408, as added Dec. 19, 1989, Puspan. L. 101–239, title VIII, § 8004(a), 103 Stat. 2454; amended Oct. 31, 1994, Puspan. L. 103–432, title II, § 265(a), 108 Stat. 4469, related to AFDC quality control system, prior to repeal by Puspan. L. 104–193, § 103(a)(1), as amended by Puspan. L. 105–33, title V, § 5514(c), Aug. 5, 1997, 111 Stat. 620.

Another prior section 608, act Aug. 14, 1935, ch. 531, title IV, § 408, as added May 8, 1961, Puspan. L. 87–31, § 2, 75 Stat. 76; amended July 25, 1962, Puspan. L. 87–543, title I, §§ 101(span)(2)(D), 104(a)(3)(F), (G), 131(span), 135(a)–(d), 155(a), 76 Stat. 180, 185, 193, 196, 197, 207; Jan. 2, 1968, Puspan. L. 90–248, title II, §§ 201(e)(4), 205(c), 81 Stat. 880, 892; June 17, 1980, Puspan. L. 96–272, title I, §§ 101(a)(5)(A), 102(span), 94 Stat. 513, 515, related to payment to States for foster home care of dependent children, prior to repeal by Puspan. L. 96–272, title I, § 101(a)(2), June 17, 1980, 94 Stat. 512, effective, with certain exceptions, to expenditures made after Sept. 30, 1980.

Amendments

2012—Subsec. (a)(12). Puspan. L. 112–96 added par. (12).

2008—Subsec. (a)(8). Puspan. L. 110–246, § 4002(span)(1)(B), (2)(V), substituted “Food and Nutrition Act of 2008” for “Food Stamp Act of 1977”.

2006—Subsec. (a)(3). Puspan. L. 109–171 amended par. (3) generally. Prior to amendment, par. (3) prohibited a State from giving assistance under this part to families not assigning to the State certain rights to support accruing before the date the family ceased to receive assistance, with certain limitations, and prohibited a State from requiring the assignment of future support rights as a condition of providing assistance to a family.

1997—Puspan. L. 105–33, § 5514(c), made technical amendment to directory language of Puspan. L. 104–193, § 103(a)(1), which enacted this section.

Subsec. (a)(1). Puspan. L. 105–33, § 5505(a), amended span 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). Puspan. L. 105–33, § 5505(span), 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). Puspan. L. 105–33, § 5532(span)(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). Puspan. L. 105–33, § 5505(c), made technical correction to span in original.

Subsec. (a)(7)(C)(ii). Puspan. L. 105–33, § 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). Puspan. L. 105–33, § 5505(d)(2), amended span 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). Puspan. L. 105–33, § 5001(d), added subpar. (G).

Subsecs. (c), (d). Puspan. L. 105–33, § 5001(h)(1), added subsec. (c) and redesignated former subsec. (c) as (d). Former subsec. (d) redesignated (e).

Subsec. (e). Puspan. L. 105–33, § 5505(e), added subsec. (e) and struck out span 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.”

Puspan. L. 105–33, § 5001(h)(1)(A), redesignated subsec. (d) as (e).

Subsec. (f). Puspan. B. 105–33, § 5505(e), added subsec. (f).

Subsec. (g). Puspan. L. 105–33, § 5581(a), added subsec. (g).

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment of this section and repeal of Puspan. L. 110–234 by Puspan. L. 110–246 effective May 22, 2008, the date of enactment of Puspan. L. 110–234, except as otherwise provided, see section 4 of Puspan. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.

Amendment by section 4002(span)(1)(B), (2)(V) of Puspan. L. 110–246 effective Oct. 1, 2008, see section 4407 of Puspan. L. 110–246, set out as a note under section 1161 of Title 2, The Congress.

Effective Date of 2006 Amendment

Puspan. L. 109–171, title VII, § 7301(e), Fespan. 8, 2006, 120 Stat. 144, provided that:

“(1)In general.—Except as otherwise provided in this section, the amendments made by the preceding provisions of this section [amending this section, sections 654 and 657 of this title, and section 6402 of Title 26, Internal Revenue Code] shall take effect on October 1, 2009, and shall apply to payments under parts A and D of title IV of the Social Security Act [42 U.S.C. 601 et seq., 651 et seq.] for calendar quarters beginning on or after such date, and without regard to whether regulations to implement the amendments (in the case of State programs operated under such part D) are promulgated by such date.

“(2)State option to accelerate effective date.—Notwithstanding paragraph (1), a State may elect to have the amendments made by the preceding provisions of this section apply to the State and to amounts collected by the State (and the payments under parts A and D), on and after such date as the State may select that is not earlier than October 1, 2008, and not later than September 30, 2009.”

Effective Date of 1997 Amendment

Puspan. L. 105–33, title V, § 5001(h)(2), Aug. 5, 1997, 111 Stat. 593, 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 [Puspan. L. 104–193].”

Amendment by section 5505 of Puspan. L. 105–33 effective as if included in section 103(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Puspan. L. 104–193, at the time such section 103(a) became law, see section 5518(a) of Puspan. L. 105–33, set out as a note under section 602 of this title.

Amendment by section 5514(c) of Puspan. L. 105–33 effective as if included in the provision of Puspan. L. 104–193 amended at the time the provision became law, see section 5518(d) of Puspan. L. 105–33, set out as a note under section 862a of Title 21, Food and Drugs.

Puspan. L. 105–33, title V, § 5557, Aug. 5, 1997, 111 Stat. 637, as amended by Puspan. L. 105–200, title IV, § 410(e)(1), July 16, 1998, 112 Stat. 673, provided that:

“(a)In General.—Except as provided in subsection (span), the amendments made by this chapter [chapter 3 (§§ 5531–5557) of subtitle F of title V of Puspan. L. 105–33, amending this section, sections 652 to 654, 654span, 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).

“(span)Exception.—The amendments made by section 5532(span)(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.”

[Puspan. L. 105–200, title IV, § 410(e)(2), July 16, 1998, 112 Stat. 673, provided that: “The amendment made by paragraph (1) [amending section 5557 of Puspan. 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).”]

Puspan. L. 105–33, title V, § 5581(a), Aug. 5, 1997, 111 Stat. 642, 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 Puspan. 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.