
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC671]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
 SUBCHAPTER IV--GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES 
              WITH CHILDREN AND FOR CHILD-WELFARE SERVICES
 
    Part E--Federal Payments for Foster Care and Adoption Assistance
 
Sec. 671. State plan for foster care and adoption assistance


(a) Requisite features of State plan

    In order for a State to be eligible for payments under this part, it 
shall have a plan approved by the Secretary which--
        (1) provides for foster care maintenance payments in accordance 
    with section 672 of this title and for adoption assistance in 
    accordance with section 673 of this title;
        (2) provides that the State agency responsible for administering 
    the program authorized by subpart 1 of part B of this subchapter 
    shall administer, or supervise the administration of, the program 
    authorized by this part;
        (3) provides that the plan shall be in effect in all political 
    subdivisions of the State, and, if administered by them, be 
    mandatory upon them;
        (4) provides that the State shall assure that the programs at 
    the local level assisted under this part will be coordinated with 
    the programs at the State or local level assisted under parts A and 
    B of this subchapter, under subchapter XX of this chapter, and under 
    any other appropriate provision of Federal law;
        (5) provides that the State will, in the administration of its 
    programs under this part, use such methods relating to the 
    establishment and maintenance of personnel standards on a merit 
    basis as are found by the Secretary to be necessary for the proper 
    and efficient operation of the programs, except that the Secretary 
    shall exercise no authority with respect to the selection, tenure of 
    office, or compensation of any individual employed in accordance 
    with such methods;
        (6) provides that the State agency referred to in paragraph (2) 
    (hereinafter in this part referred to as the ``State agency'') will 
    make such reports, in such form and containing such information as 
    the Secretary may from time to time require, and comply with such 
    provisions as the Secretary may from time to time find necessary to 
    assure the correctness and verification of such reports;
        (7) provides that the State agency will monitor and conduct 
    periodic evaluations of activities carried out under this part;
        (8) provides safeguards which restrict the use of or disclosure 
    of information concerning individuals assisted under the State plan 
    to purposes directly connected with (A) the administration of the 
    plan of the State approved under this part, the plan or program of 
    the State under part A, B, or D of this subchapter or under 
    subchapter I, V, X, XIV, XVI (as in effect in Puerto Rico, Guam, and 
    the Virgin Islands), XIX, or XX of this chapter, or the supplemental 
    security income program established by subchapter XVI of this 
    chapter, (B) any investigation, prosecution, or criminal or civil 
    proceeding, conducted in connection with the administration of any 
    such plan or program, (C) the administration of any other Federal or 
    federally assisted program which provides assistance, in cash or in 
    kind, or services, directly to individuals on the basis of need, (D) 
    any audit or similar activity conducted in connection with the 
    administration of any such plan or program by any governmental 
    agency which is authorized by law to conduct such audit or activity, 
    and (E) reporting and providing information pursuant to paragraph 
    (9) to appropriate authorities with respect to known or suspected 
    child abuse or neglect; and the safeguards so provided shall 
    prohibit disclosure, to any committee or legislative body (other 
    than an agency referred to in clause (D) with respect to an activity 
    referred to in such clause), of any information which identifies by 
    name or address any such applicant or recipient; except that nothing 
    contained herein shall preclude a State from providing standards 
    which restrict disclosures to purposes more limited than those 
    specified herein, or which, in the case of adoptions, prevent 
    disclosure entirely;
        (9) provides that the State agency will--
            (A) report to an appropriate agency or official, known or 
        suspected instances of physical or mental injury, sexual abuse 
        or exploitation, or negligent treatment or maltreatment of a 
        child receiving aid under part B of this subchapter or this part 
        under circumstances which indicate that the child's health or 
        welfare is threatened thereby; and
            (B) provide such information with respect to a situation 
        described in subparagraph (A) as the State agency may have;

        (10) provides for the establishment or designation of a State 
    authority or authorities which shall be responsible for establishing 
    and maintaining standards for foster family homes and child care 
    institutions which are 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, and 
    provides that the standards so established shall be applied by the 
    State to any foster family home or child care institution receiving 
    funds under this part or part B of this subchapter;
        (11) provides for periodic review of the standards referred to 
    in the preceding paragraph and amounts paid as foster care 
    maintenance payments and adoption assistance to assure their 
    continuing appropriateness;
        (12) provides for granting an opportunity for a fair hearing 
    before the State agency to any individual whose claim for benefits 
    available pursuant to this part is denied or is not acted upon with 
    reasonable promptness;
        (13) provides that the State shall arrange for a periodic and 
    independently conducted audit of the programs assisted under this 
    part and part B of this subchapter, which shall be conducted no less 
    frequently than once every three years;
        (14) provides (A) specific goals (which shall be established by 
    State law on or before October 1, 1982) for each fiscal year 
    (commencing with the fiscal year which begins on October 1, 1983) as 
    to the maximum number of children (in absolute numbers or as a 
    percentage of all children in foster care with respect to whom 
    assistance under the plan is provided during such year) who, at any 
    time during such year, will remain in foster care after having been 
    in such care for a period in excess of twenty-four months, and (B) a 
    description of the steps which will be taken by the State to achieve 
    such goals;
        (15) provides that--
            (A) in determining reasonable efforts to be made with 
        respect to a child, as described in this paragraph, and in 
        making such reasonable efforts, the child's health and safety 
        shall be the paramount concern;
            (B) except as provided in subparagraph (D), reasonable 
        efforts shall be made to preserve and reunify families--
                (i) prior to the placement of a child in foster care, to 
            prevent or eliminate the need for removing the child from 
            the child's home; and
                (ii) to make it possible for a child to safely return to 
            the child's home;

            (C) if continuation of reasonable efforts of the type 
        described in subparagraph (B) is determined to be inconsistent 
        with the permanency plan for the child, reasonable efforts shall 
        be made to place the child in a timely manner in accordance with 
        the permanency plan, and to complete whatever steps are 
        necessary to finalize the permanent placement of the child;
            (D) reasonable efforts of the type described in subparagraph 
        (B) shall not be required to be made with respect to a parent of 
        a child if a court of competent jurisdiction has determined 
        that--
                (i) the parent has subjected the child to aggravated 
            circumstances (as defined in State law, which definition may 
            include but need not be limited to abandonment, torture, 
            chronic abuse, and sexual abuse);
                (ii) the parent has--
                    (I) committed murder (which would have been an 
                offense under section 1111(a) of title 18, if the 
                offense had occurred in the special maritime or 
                territorial jurisdiction of the United States) of 
                another child of the parent;
                    (II) committed voluntary manslaughter (which would 
                have been an offense under section 1112(a) of title 18, 
                if the offense had occurred in the special maritime or 
                territorial jurisdiction of the United States) of 
                another child of the parent;
                    (III) aided or abetted, attempted, conspired, or 
                solicited to commit such a murder or such a voluntary 
                manslaughter; or
                    (IV) committed a felony assault that results in 
                serious bodily injury to the child or another child of 
                the parent; or

                (iii) the parental rights of the parent to a sibling 
            have been terminated involuntarily;

            (E) if reasonable efforts of the type described in 
        subparagraph (B) are not made with respect to a child as a 
        result of a determination made by a court of competent 
        jurisdiction in accordance with subparagraph (D)--
                (i) a permanency hearing (as described in section 
            675(5)(C) of this title) shall be held for the child within 
            30 days after the determination; and
                (ii) reasonable efforts shall be made to place the child 
            in a timely manner in accordance with the permanency plan, 
            and to complete whatever steps are necessary to finalize the 
            permanent placement of the child; and

            (F) reasonable efforts to place a child for adoption or with 
        a legal guardian may be made concurrently with reasonable 
        efforts of the type described in subparagraph (B);

        (16) provides for the development of a case plan (as defined in 
    section 675(1) of this title) for each child receiving foster care 
    maintenance payments under the State plan and provides for a case 
    review system which meets the requirements described in section 
    675(5)(B) of this title with respect to each such child;
        (17) provides that, where appropriate, all steps will be taken, 
    including cooperative efforts with the State agencies administering 
    the program funded under part A of this subchapter and plan approved 
    under part D of this subchapter, to secure an assignment to the 
    State of any rights to support on behalf of each child receiving 
    foster care maintenance payments under this part;
        (18) not later than January 1, 1997, provides that neither the 
    State nor any other entity in the State that receives funds from the 
    Federal Government and is involved in adoption or foster care 
    placements may--
            (A) deny to any person the opportunity to become an adoptive 
        or a foster parent, on the basis of the race, color, or national 
        origin of the person, or of the child, involved; or
            (B) delay or deny the placement of a child for adoption or 
        into foster care, on the basis of the race, color, or national 
        origin of the adoptive or foster parent, or the child, involved;

        (19) provides that the State shall consider giving preference to 
    an adult relative over a non-related caregiver when determining a 
    placement for a child, provided that the relative caregiver meets 
    all relevant State child protection standards;
        (20)(A) unless an election provided for in subparagraph (B) is 
    made with respect to the State, provides procedures for criminal 
    records checks for any prospective foster or adoptive parent before 
    the foster or adoptive parent may be finally approved for placement 
    of a child on whose behalf foster care maintenance payments or 
    adoption assistance payments are to be made under the State plan 
    under this part, including procedures requiring that--
            (i) in any case in which a record check reveals a felony 
        conviction for child abuse or neglect, for spousal abuse, for a 
        crime against children (including child pornography), or for a 
        crime involving violence, including rape, sexual assault, or 
        homicide, but not including other physical assault or battery, 
        if a State finds that a court of competent jurisdiction has 
        determined that the felony was committed at any time, such final 
        approval shall not be granted; and
            (ii) in any case in which a record check reveals a felony 
        conviction for physical assault, battery, or a drug-related 
        offense, if a State finds that a court of competent jurisdiction 
        has determined that the felony was committed within the past 5 
        years, such final approval shall not be granted; and

        (B) subparagraph (A) shall not apply to a State plan if the 
    Governor of the State has notified the Secretary in writing that the 
    State has elected to make subparagraph (A) inapplicable to the 
    State, or if the State legislature, by law, has elected to make 
    subparagraph (A) inapplicable to the State;
        (21) provides for health insurance coverage (including, at State 
    option, through the program under the State plan approved under 
    subchapter XIX of this chapter) for any child who has been 
    determined to be a child with special needs, for whom there is in 
    effect an adoption assistance agreement (other than an agreement 
    under this part) between the State and an adoptive parent or 
    parents, and who the State has determined cannot be placed with an 
    adoptive parent or parents without medical assistance because such 
    child has special needs for medical, mental health, or 
    rehabilitative care, and that with respect to the provision of such 
    health insurance coverage--
            (A) such coverage may be provided through 1 or more State 
        medical assistance programs;
            (B) the State, in providing such coverage, shall ensure that 
        the medical benefits, including mental health benefits, provided 
        are of the same type and kind as those that would be provided 
        for children by the State under subchapter XIX of this chapter;
            (C) in the event that the State provides such coverage 
        through a State medical assistance program other than the 
        program under subchapter XIX of this chapter, and the State 
        exceeds its funding for services under such other program, any 
        such child shall be deemed to be receiving aid or assistance 
        under the State plan under this part for purposes of section 
        1396a(a)(10)(A)(i)(I) of this title; and
            (D) in determining cost-sharing requirements, the State 
        shall take into consideration the circumstances of the adopting 
        parent or parents and the needs of the child being adopted 
        consistent, to the extent coverage is provided through a State 
        medical assistance program, with the rules under such program;

        (22) provides that, not later than January 1, 1999, the State 
    shall develop and implement standards to ensure that children in 
    foster care placements in public or private agencies are provided 
    quality services that protect the safety and health of the children;
        (23) provides that the State shall not--
            (A) deny or delay 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
            (B) fail to grant an opportunity for a fair hearing, as 
        described in paragraph (12), to an individual whose allegation 
        of a violation of subparagraph (A) of this paragraph is denied 
        by the State or not acted upon by the State with reasonable 
        promptness; and

        (24) include \1\ a certification that, before a child in foster 
    care under the responsibility of the State is placed with 
    prospective foster parents, the prospective foster parents will be 
    prepared adequately with the appropriate knowledge and skills to 
    provide for the needs of the child, and that such preparation will 
    be continued, as necessary, after the placement of the child.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``includes''.
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(b) Approval of plan by Secretary

    The Secretary shall approve any plan which complies with the 
provisions of subsection (a) of this section.

(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.''

                  Section Referred to in Other Sections

    This section is referred to in sections 652, 658, 664, 666, 672, 
674, 675, 678, 1320a-2, 1320a-10 of this title; title 26 section 6402.
