Sec. 116. EFFECTIVE DATE; TRANSITION RULE
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## SEC. 116 EFFECTIVE DATE; TRANSITION RULE **[**[42 U.S.C. 601 note](/us/usc/t42/s601)**]** ###
(a)Effective Dates ####
(1)In general Except as otherwise provided in this title, this title and the amendments made by this title shall take effect on July 1, 1997. ####
(2)Delayed effective date for certain provisions Notwithstanding any other provision of this section (but subject to subsection (b)(1)(A)(ii)), paragraphs (2), (3), (4), (5), (8), and
(10)of section 409(a) and section 411(a) of the Social Security Act (as added by the amendments made by section 103(a) of this Act) shall not take effect with respect to a State until, and shall apply only with respect to conduct that occurs on or after, the later of— #####
(A)July 1, 1997; or #####
(B)the date that is 6 months after the date the Secretary of Health and Human Services receives from the State a plan described in section 402(a) of the Social Security Act (as added by such amendment). ####
(3)Grants to outlying areas The amendments made by section 103(b) shall take effect on October 1, 1996. ####
(4)Elimination of child care programs The amendments made by section 103(c) shall take effect on October 1, 1996. ####
(5)Definitions applicable to new child care entitlement Sections 403(a)(1)(C), 403(a)(1)(D), and 419(4) of the Social Security Act, as added by the amendments made by section 103(a) of this Act, shall take effect on October 1, 1996. ####
(6)Research, evaluations, and national studies Section 413 of the Social Security Act, as added by the amendment made by section 103(a) of this Act, shall take effect on the date of the enactment of this Act. ###
(b)Transition Rules Effective on the date of the enactment of this Act: ####
(1)State option to accelerate effective date #####
(A)In general If the Secretary of Health and Human Services receives from a State a plan described in section 402(a) of the Social Security Act (as added by the amendment made by section 103(a)(1) of this Act), then— ######
(i)on and after the date of such receipt— ######
(I)except as provided in clause (ii), this title and the amendments made by this title (other than by section 103(c) of this Act) shall apply with respect to the State; and ######
(II)the State shall be considered an eligible State for purposes of part A of title IV of the Social Security Act (as in effect pursuant to the amendments made by such section 103(a)); and ######
(ii)during the period that begins on the date of such receipt and ends on the later of June 30, 1997, or the day before the date described in subsection (a)(2)(B) of this section, there shall remain in effect with respect to the State— ######
(I)section 403(h) of the Social Security Act (as in effect on September 30, 1995); and ######
(II)all State reporting requirements under parts A and F of title IV of the Social Security Act (as in effect on September 30, 1995), modified by the Secretary as appropriate, taking into account the State program under part A of title IV of the Social Security Act (as in effect pursuant to the amendments made by such section 103(a)). #####
(B)Limitations on federal obligations ######
(i)Under afdc program The total obligations of the Federal Government to a State under part A of title IV of the Social Security Act (as in effect on September 30, 1995) with respect to expenditures in fiscal year 1997 shall not exceed an amount equal to the State family assistance grant. ######
(ii)Under temporary family assistance program Notwithstanding section 403(a)(1) of the Social Security Act (as in effect pursuant to the amendments made by section 103(a) of this Act), the total obligations of the Federal Government to a State under such section 403(a)(1)— ######
(I)for fiscal year 1996, shall be an amount equal to— ######
(aa)the State family assistance grant; multiplied by ######
(bb)1⁄366 of the number of days during the period that begins on the date the Secretary of Health and Human Services first receives from the State a plan described in section 402(a) of the Social Security Act (as added by the amendment made by section 103(a)(1) of this Act) and ends on September 30, 1996; and ######
(II)for fiscal year 1997, shall be an amount equal to the lesser of— ######
(aa)the amount (if any) by which the State family assistance grant exceeds the total obligations of the Federal Government to the State under part A of title IV of the Social Security Act (as in effect on September 30, 1995) with respect to expenditures in fiscal year 1997; or ######
(bb)the State family assistance grant, multiplied by 1⁄365 of the number of days during the period that begins on October 1, 1996, or the date the Secretary of Health and Human Services first receives from the State a plan described in section 402(a) of the Social Security Act (as added by the amendment made by section 103(a)(1) of this Act), whichever is later, and ends on September 30, 1997. ######
(iii)Child care obligations excluded in determining federal afdc obligations As used in this subparagraph, the term “**obligations of the Federal Government to the State under part A of title IV of the Social Security Act**” does not include any obligation of the Federal Government with respect to child care expenditures by the State. #####
(C)Submission of state plan for fiscal year 1996 or 1997 deemed acceptance of grant limitations and formula and termination of afdc entitlement The submission of a plan by a State pursuant to subparagraph
(A)is deemed to constitute— ######
(i)the State's acceptance of the grant reductions under subparagraph
(B)(including the formula for computing the amount of the reduction); and ######
(ii)the termination of any entitlement of any individual or family to benefits or services under the State AFDC program. #####
(D)Definitions As used in this paragraph: ######
(i)State afdc program The term “**State AFDC program**” means the State program under parts A and F of title IV of the Social Security Act (as in effect on September 30, 1995). ######
(ii)State The term “**State**” means the 50 States and the District of Columbia. ######
(iii)State family assistance grant The term “**State family assistance grant**” means the State family assistance grant (as defined in section 403(a)(1)(B) of the Social Security Act, as added by the amendment made by section 103(a)(1) of this Act). ####
(2)Claims, actions, and proceedings The amendments made by this title shall not apply with respect to— #####
(A)powers, duties, functions, rights, claims, penalties, or obligations applicable to aid, assistance, or services provided before the effective date of this title under the provisions amended; and #####
(B)administrative actions and proceedings commenced before such date, or authorized before such date to be commenced, under such provisions. ####
(3)Closing out account for those programs terminated or substantially modified by this title In closing out accounts, Federal and State officials may use scientifically acceptable statistical sampling techniques. Claims made with respect to State expenditures under a State plan approved under part A of title IV of the Social Security Act (as in effect on September 30, 1995) with respect to assistance or services provided on or before September 30, 1995, shall be treated as claims with respect to expenditures during fiscal year 1995 for purposes of reimbursement even if payment was made by a State on or after October 1, 1995. Each State shall complete the filing of all claims under the State plan (as so in effect) within 2 years after the date of the enactment of this Act. The head of each Federal department shall— #####
(A)use the single audit procedure to review and resolve any claims in connection with the close out of programs under such State plans; and #####
(B)reimburse States for any payments made for assistance or services provided during a prior fiscal year from funds for fiscal year 1995, rather than from funds authorized by this title. ####
(4)Continuance in office of assistant secretary for family support The individual who, on the day before the effective date of this title, is serving as Assistant Secretary for Family Support within the Department of Health and Human Services shall, until a successor is appointed to such position— #####
(A)continue to serve in such position; and #####
(B)except as otherwise provided by law— ######
(i)continue to perform the functions of the Assistant Secretary for Family Support under section 417 of the Social Security Act (as in effect before such effective date); and ######
(ii)have the powers and duties of the Assistant Secretary for Family Support under section 416 of the Social Security Act (as in effect pursuant to the amendment made by section 103(a)(1) of this Act). ###
(c)Termination of Entitlement Under AFDC Program Effective October 1, 1996, no individual or family shall be entitled to any benefits or services under any State plan approved under part A or F of title IV of the Social Security Act (as in effect on September 30, 1995). # TITLE II SUPPLEMENTAL SECURITY INCOME
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Sec. 116
EFFECTIVE DATE; TRANSITION RULE
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