42 U.S.C. § 617 — Limitation on Federal authority

Page 2205 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 617 the provision became law, see section 5518(d) of Pub. L. 105–33, set out as a note under section 862a of Title 21, Food and Drugs. 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 com- menced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Sec- retary 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 a note under section 601 of this title. § 616. Administration The programs under this part and part D shall be administered by an Assistant Secretary for Family Support within the Department of Health and Human Services, who shall be ap- pointed by the President, by and with the advice and consent of the Senate, and who shall be in addition to any other Assistant Secretary of Health and Human Services provided for by law, and the Secretary shall reduce the Federal workforce within the Department of Health and Human Services by an amount equal to the sum of 75 percent of the full-time equivalent posi- tions at such Department that relate to any di- rect spending program, or any program funded through discretionary spending, that has been converted into a block grant program under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 and the amendments made by such Act, and by an amount equal to 75 percent of that portion of the total full-time equivalent departmental management positions at such Department that bears the same rela- tionship to the amount appropriated for any di- rect spending program, or any program funded through discretionary spending, that has been converted into a block grant program under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 and the amendments made by such Act, as such amount relates to the total amount appropriated for use by such De- partment, and, notwithstanding any other provi- sion of law, the Secretary shall take such ac- tions as may be necessary, including reductions in force actions, consistent with sections 3502 and 3595 of title 5, to reduce the full-time equiv- alent positions within the Department of Health and Human Services by 245 full-time equivalent positions related to the program converted into a block grant under the amendments made by section 103 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, and by 60 full-time equivalent managerial posi- tions in the Department. (Aug. 14, 1935, ch. 531, title IV, § 416, as added Pub. L. 104–193, title I, § 103(a)(1), Aug. 22, 1996, 110 Stat. 2158; amended Pub. L. 105–33, title V, § 5514(c), (d), Aug. 5, 1997, 111 Stat. 620; Pub. L. 106–169, title IV, § 401(d), Dec. 14, 1999, 113 Stat. 1858.) Editorial Notes REFERENCES IN TEXT The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, referred to in text, is Pub. L. 104–193, Aug. 22, 1996, 110 Stat. 2105. For complete classification of this Act to the Code, see Short Title of 1996 Amendment note set out under section 1305 of this title and Tables. Section 103 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, referred to in text, is section 103 of Pub. L. 104–193, which enacted this part, amended sections 602, 603, and 1308 of this title, and repealed provisions formerly set out as this part. For complete classification of section 103 to the Code, see Tables. PRIOR PROVISIONS A prior section 616, act Aug. 14, 1935, ch. 531, title IV, § 416, as added Dec. 22, 1987, Pub. L. 100–203, title IX, § 9102(a), 101 Stat. 1330–299, related to fraud control, prior to repeal by Pub. L. 104–193, § 103(a)(1), as amended by Pub. L. 105–33, title V, § 5514(c), Aug. 5, 1997, 111 Stat. 620. AMENDMENTS 1999—Pub. L. 106–169 substituted ‘‘Opportunity Rec- onciliation Act’’ for ‘‘Opportunity Act’’ the first two places appearing. 1997—Pub. L. 105–33, § 5514(c), made technical amend- ment to directory language of Pub. L. 104–193, § 103(a)(1), which enacted this section. Pub. L. 105–33, § 5514(d), substituted ‘‘amendments made by section 103 of the Personal Responsibility and Work Opportunity Reconciliation’’ for ‘‘amendment made by section 2103 of the Personal Responsibility and Work Opportunity’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1999 AMENDMENT Amendment by 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 1997 AMENDMENT Amendment by section 5514(c) of Pub. L. 105–33 effec- tive as if included in the provision of Pub. L. 104–193 amended at the time the provision became law, see sec- tion 5518(d) of Pub. L. 105–33, set out as a note under section 862a of Title 21, Food and Drugs. Amendment by section 5514(d) of Pub. L. 105–33 effec- tive as if included in section 103(a) of the Personal Re- sponsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. 104–193, at the time such section 103(a) became law, see section 5518(a) of Pub. L. 105–33, set out as a note under section 602 of this title. 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 com- menced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Sec- retary 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 a note under section 601 of this title. § 617. Limitation on Federal authority No officer or employee of the Federal Govern- ment may regulate the conduct of States under this part or enforce any provision of this part, except to the extent expressly provided in this part. (Aug. 14, 1935, ch. 531, title IV, § 417, as added Pub. L. 104–193, title I, § 103(a)(1), Aug. 22, 1996, 110 Stat. 2159; amended Pub. L. 105–33, title V, § 5514(c), Aug. 5, 1997, 111 Stat. 620.) Page 2206 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 618 Editorial Notes PRIOR PROVISIONS A prior section 617, act Aug. 14, 1935, ch. 531, title IV, § 417, formerly § 418, as added Oct. 13, 1988, Pub. L. 100–485, title VI, § 603(a), 102 Stat. 2408; renumbered § 417, Nov. 10, 1988, Pub. L. 100–647, title VIII, § 8105(7), 102 Stat. 3798, related to Assistant Secretary for Family Support, prior to repeal by Pub. L. 104–193, § 103(a)(1), as amended by Pub. L. 105–33, title V, § 5514(c), Aug. 5, 1997, 111 Stat. 620. AMENDMENTS 1997—Pub. L. 105–33 made technical amendment to di- rectory language of Pub. L. 104–193, § 103(a)(1), which en- acted this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105–33 effective as if included in the provision of Pub. L. 104–193 amended at the time the provision became law, see section 5518(d) of Pub. L. 105–33, set out as a note under section 862a of Title 21, Food and Drugs. 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 com- menced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Sec- retary 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 a note under section 601 of this title. § 618. Funding for child care (a) General child care entitlement (1) General entitlement Subject to the amount appropriated under paragraph (3), each State shall, for the purpose of providing child care assistance, be entitled to payments under a grant under this sub- section for a fiscal year in an amount equal to the greater of— (A) the total amount required to be paid to the State under section 603 of this title for fiscal year 1994 or 1995 (whichever is greater) with respect to expenditures for child care under subsections (g) and (i) of section 602 of this title (as in effect before October 1, 1995); or (B) the average of the total amounts re- quired to be paid to the State for fiscal years 1992 through 1994 under the subsections re- ferred to in subparagraph (A). (2) Remainder (A) Grants The Secretary shall use any amounts ap- propriated for a fiscal year under paragraph (3)(A), after grants are awarded under para- graph (1), to make grants to States under this paragraph. (B) Allotments to States The total amount available for payments to States under this paragraph, as deter- mined under subparagraph (A), shall be al- lotted among the States based on the for- mula used for determining the amount of Federal payments to each State under sec- tion 603(n) of this title (as in effect before October 1, 1995). (C) Federal matching of State expenditures exceeding historical expenditures The Secretary shall pay to each eligible State for a fiscal year an amount equal to the lesser of the State’s allotment under subparagraph (B) or the Federal medical as- sistance percentage for the State for the fis- cal year (as defined in section 1396d(b) of this title, as such section was in effect on Sep- tember 30, 1995) of so much of the State’s ex- penditures for child care in that fiscal year as exceed the total amount of expenditures by the State (including expenditures from amounts made available from Federal funds) in fiscal year 1994 or 1995 (whichever is great- er) for the programs described in paragraph (1)(A). (D) Redistribution (i) In general With respect to any fiscal year, if the Secretary determines (in accordance with clause (ii)) that any amounts allotted to a State under this paragraph for such fiscal year will not be used by such State during such fiscal year for carrying out the pur- pose for which such amounts are allotted, the Secretary shall make such amounts available in the subsequent fiscal year for carrying out such purpose to one or more States which apply for such funds to the extent the Secretary determines that such States will be able to use such additional amounts for carrying out such purpose. Such available amounts shall be redistrib- uted to a State pursuant to section 603(n) of this title (as such section was in effect before October 1, 1995) by substituting ‘‘the number of children residing in all States applying for such funds’’ for ‘‘the number of children residing in the United States in the second preceding fiscal year’’. (ii) Time of determination and distribution The determination of the Secretary under clause (i) for a fiscal year shall be made not later than the end of the first quarter of the subsequent fiscal year. The redistribution of amounts under clause (i) shall be made as close as practicable to the date on which such determination is made. Any amount made available to a State from an appropriation for a fiscal year in accordance with this subparagraph shall, for purposes of this part, be regarded as part of such State’s payment (as deter- mined under this subsection) for the fiscal year in which the redistribution is made. (3) Appropriation For grants under this section, there are ap- propriated $3,550,000,000 for each fiscal year, of which— (A) $3,375,000,000 shall be available for grants to States; (B) $100,000,000 shall be available for grants to Indian tribes and tribal organizations; and