§ 13d-1. — Standards of need as basis for general assistance payments by Bureau of Indian Affairs; ratable reductions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC13d-1]
TITLE 25--INDIANS
CHAPTER 1--BUREAU OF INDIAN AFFAIRS
Sec. 13d-1. Standards of need as basis for general assistance
payments by Bureau of Indian Affairs; ratable reductions
General assistance payments made by the Bureau of Indian Affairs
shall be made--
(1) after April 29, 1985, and before October 1, 1995, on the
basis of Aid to Families with Dependent Children (AFDC) standards of
need; and
(2) on and after October 1, 1995, on the basis of standards of
need established under the State program funded under part A of
title IV of the Social Security Act [42 U.S.C. 601 et seq.],
except that where a State ratably reduces its AFDC or State program
payments, the Bureau shall reduce general assistance payments in such
State by the same percentage as the State has reduced the AFDC or State
program payment.
(Pub. L. 99-88, title I, Sec. 100, Aug. 15, 1985, 99 Stat. 338; Pub. L.
104-193, title I, Sec. 110(k), Aug. 22, 1996, 110 Stat. 2172.)
References in Text
The Social Security Act, referred to in par. (2), is act Aug. 14,
1935, ch. 531, 49 Stat. 620, as amended. Part A of title IV of the Act
is classified generally to part A (Sec. 601 et seq.) of subchapter IV of
chapter 7 of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see section 1305 of Title 42 and
Tables.
Amendments
1996--Pub. L. 104-193, Sec. 110(k), which directed the general
amendment of the ``4th proviso of chapter VII of title I of Public Law
99-88 (25 U.S.C. 13d-1)'', was executed by amending this section, which
is the 4th proviso under heading ``Bureau of Indian Affairs'' of chapter
VII of title I of Pub. L. 99-88, to reflect the probable intent of
Congress. Prior to amendment, this section read as follows: ``General
assistance payments made by the Bureau of Indian Affairs after April 29,
1985, shall be made on the basis of Aid to Families with Dependent
Children (AFDC) standards of need except where a State ratably reduces
AFDC payments in which event the Bureau shall reduce general assistance
payments in such State by the same percentage as the State has reduced
the AFDC payment.''
Effective Date of 1996 Amendment
Amendment by 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 Title 42, The Public
Health and Welfare.
Maximum Allowable Payments
Pub. L. 99-349, title I, July 2, 1986, 100 Stat. 732, provided in
part: ``That the levels established for general assistance by Public Law
99-88 (99 Stat. 388) [probably means Pub. L. 99-88, 99 Stat. 338, which
enacted this section], are the maximum allowable payments.''