Collapse to view only § 609. Penalties
- § 601. Purpose
- § 602. Eligible States; State plan
- § 603. Grants to States
- § 603a. Transferred
- § 604. Use of grants
- § 604a. Services provided by charitable, religious, or private organizations
- § 605. Administrative provisions
- § 606. Federal loans for State welfare programs
- § 607. Mandatory work requirements
- § 608. Prohibitions; requirements
- § 608a. Fraud under means-tested welfare and public assistance programs
- § 609. Penalties
- § 610. Appeal of adverse decision
- § 611. Data collection and reporting
- § 611a. State required to provide certain information
- § 612. Direct funding and administration by Indian tribes
- § 613. Evaluation of temporary assistance for needy families and related programs
- § 614. Repealed.
- § 615. Waivers
- § 616. Administration
- § 617. Limitation on Federal authority
- § 618. Funding for child care
- § 619. Definitions
§ 601. Purpose
(a) In general
The purpose of this part is to increase the flexibility of States in operating a program designed to—
(1) provide assistance to needy families so that children may be cared for in their own homes or in the homes of relatives;
(2) end the dependence of needy parents on government benefits by promoting job preparation, work, and marriage;
(3) prevent and reduce the incidence of out-of-wedlock pregnancies and establish annual numerical goals for preventing and reducing the incidence of these pregnancies; and
(4) encourage the formation and maintenance of two-parent families.
(b) No individual entitlement
(Aug. 14, 1935, ch. 531, title IV, § 401, as added Pub. L. 104–193, title I, § 103(a)(1), Aug. 22, 1996, 110 Stat. 2112; amended Pub. L. 105–33, title V, § 5514(c), Aug. 5, 1997, 111 Stat. 620.)
§ 602. Eligible States; State plan
(a) In generalAs used in this part, the term “eligible State” means, with respect to a fiscal year, a State that, during the 27-month period ending with the close of the 1st quarter of the fiscal year, has submitted to the Secretary a plan that the Secretary has found includes the following:
(1) Outline of family assistance program
(A) General provisionsA written document that outlines how the State intends to do the following:
(i) Conduct a program, designed to serve all political subdivisions in the State (not necessarily in a uniform manner), that provides assistance to needy families with (or expecting) children and provides parents with job preparation, work, and support services to enable them to leave the program and become self-sufficient.
(ii) Require a parent or caretaker receiving assistance under the program to engage in work (as defined by the State) once the State determines the parent or caretaker is ready to engage in work, or once the parent or caretaker has received assistance under the program for 24 months (whether or not consecutive), whichever is earlier, consistent with section 607(e)(2) of this title.
(iii) Ensure that parents and caretakers receiving assistance under the program engage in work activities in accordance with section 607 of this title.
(iv) Take such reasonable steps as the State deems necessary to restrict the use and disclosure of information about individuals and families receiving assistance under the program attributable to funds provided by the Federal Government.
(v) Establish goals and take action to prevent and reduce the incidence of out-of-wedlock pregnancies, with special emphasis on teenage pregnancies, and establish numerical goals for reducing the illegitimacy ratio of the State (as defined in section 603(a)(2)(C)(iii) 1
1 See References in Text note below.
of this title) for calendar years 1996 through 2005.(vi) Conduct a program, designed to reach State and local law enforcement officials, the education system, and relevant counseling services, that provides education and training on the problem of statutory rape so that teenage pregnancy prevention programs may be expanded in scope to include men.
(vii) Implement policies and procedures as necessary to prevent access to assistance provided under the State program funded under this part through any electronic fund transaction in an automated teller machine or point-of-sale device located in a place described in section 608(a)(12) of this title, including a plan to ensure that recipients of the assistance have adequate access to their cash assistance.
(viii) Ensure that recipients of assistance provided under the State program funded under this part have access to using or withdrawing assistance with minimal fees or charges, including an opportunity to access assistance with no fee or charges, and are provided information on applicable fees and surcharges that apply to electronic fund transactions involving the assistance, and that such information is made publicly available.
(B) Special provisions
(i) The document shall indicate whether the State intends to treat families moving into the State from another State differently than other families under the program, and if so, how the State intends to treat such families under the program.
(ii) The document shall indicate whether the State intends to provide assistance under the program to individuals who are not citizens of the United States, and if so, shall include an overview of such assistance.
(iii) The document shall set forth objective criteria for the delivery of benefits and the determination of eligibility and for fair and equitable treatment, including an explanation of how the State will provide opportunities for recipients who have been adversely affected to be heard in a State administrative or appeal process.
(iv) Not later than 1 year after August 22, 1996, unless the chief executive officer of the State opts out of this provision by notifying the Secretary, a State shall, consistent with the exception provided in section 607(e)(2) of this title, require a parent or caretaker receiving assistance under the program who, after receiving such assistance for 2 months is not exempt from work requirements and is not engaged in work, as determined under section 607(c) of this title, to participate in community service employment, with minimum hours per week and tasks to be determined by the State.
(v) The document shall indicate whether the State intends to assist individuals to train for, seek, and maintain employment—(I) providing direct care in a long-term care facility (as such terms are defined under section 1397j of this title); or(II) in other occupations related to elder care determined appropriate by the State for which the State identifies an unmet need for service personnel,
and, if so, shall include an overview of such assistance.
(2) Certification that the State will operate a child support enforcement program
(3) Certification that the State will operate a foster care and adoption assistance program
(4) Certification of the administration of the programA certification by the chief executive officer of the State specifying which State agency or agencies will administer and supervise the program referred to in paragraph (1) for the fiscal year, which shall include assurances that local governments and private sector organizations—
(A) have been consulted regarding the plan and design of welfare services in the State so that services are provided in a manner appropriate to local populations; and
(B) have had at least 45 days to submit comments on the plan and the design of such services.
(5) Certification that the State will provide Indians with equitable access to assistance
(6) Certification of standards and procedures to ensure against program fraud and abuse
(7) Optional certification of standards and procedures to ensure that the State will screen for and identify domestic violence
(A) In generalAt the option of the State, a certification by the chief executive officer of the State that the State has established and is enforcing standards and procedures to—
(i) screen and identify individuals receiving assistance under this part with a history of domestic violence while maintaining the confidentiality of such individuals;
(ii) refer such individuals to counseling and supportive services; and
(iii) waive, pursuant to a determination of good cause, other program requirements such as time limits (for so long as necessary) for individuals receiving assistance, residency requirements, child support cooperation requirements, and family cap provisions, in cases where compliance with such requirements would make it more difficult for individuals receiving assistance under this part to escape domestic violence or unfairly penalize such individuals who are or have been victimized by such violence, or individuals who are at risk of further domestic violence.
(B) “Domestic violence” defined
(8) Certification that the State will provide information to victims of sexual harassment or survivors of domestic violence, sexual assault, or stalking
(A) In generalA certification by the chief executive officer of the State that the State has established and is enforcing standards and procedures to—
(i) ensure that applicants and potential applicants for assistance under the State program funded under this part are notified of assistance made available by the State to victims of sexual harassment and survivors of domestic violence, sexual assault, or stalking;
(ii) ensure that case workers and other agency personnel responsible for administering the State program funded under this part are trained in—(I) the nature and dynamics of sexual harassment and domestic violence, sexual assault, and stalking;(II) State standards and procedures relating to the prevention of, and assistance for, individuals who are victims of sexual harassment or survivors of domestic violence, sexual assault, or stalking; and(III) methods of ascertaining and ensuring the confidentiality of personal information and documentation related to applicants for assistance and their children who have provided notice about their experiences of sexual harassment, domestic violence, sexual assault, or stalking; and
(iii) ensure that, if a State has elected to establish and enforce standards and procedures regarding the screening for, and identification of, domestic violence, sexual assault, or stalking pursuant to paragraph (7)—(I) the State program funded under this part provides information about the options under this part to current and potential beneficiaries; and(II) case workers and other agency personnel responsible for administering the State program funded under this part are provided with training regarding State standards and procedures pursuant to paragraph (7).
(B) DefinitionsFor purposes of this paragraph—
(i) the term “sexual harassment” means hostile, intimidating, or oppressive behavior based on sex that creates an offensive work environment;
(ii) the term “domestic violence” has the meaning given such term in paragraph (7); and
(iii) the terms “sexual assault” and “stalking” have the meanings given such terms in section 12291 of title 34.
(b) Plan amendments
(c) Public availability of State plan summary
(Aug. 14, 1935, ch. 531, title IV, § 402, as added Pub. L. 104–193, title I, § 103(a)(1), Aug. 22, 1996, 110 Stat. 2113; amended Pub. L. 105–33, title V, §§ 5501, 5514(c), Aug. 5, 1997, 111 Stat. 606, 620; Pub. L. 106–169, title IV, § 401(a), Dec. 14, 1999, 113 Stat. 1858; Pub. L. 111–148, title VI, § 6703(a)(2)(A), Mar. 23, 2010, 124 Stat. 798; Pub. L. 112–96, title IV, § 4004(c), Feb. 22, 2012, 126 Stat. 198; Pub. L. 117–103, div. W, title VII, § 703(a)(1), Mar. 15, 2022, 136 Stat. 892.)
§ 603. Grants to States
(a) Grants
(1) Family assistance grant
(A) In general
(B) State family assistance grant
(C) Appropriation
(2) Healthy marriage promotion and responsible fatherhood grants
(A) In general
(i) Use of funds
(ii) LimitationsThe Secretary may not award funds made available under this paragraph on a noncompetitive basis, and may not provide any such funds to an entity for the purpose of carrying out healthy marriage promotion activities or for the purpose of carrying out activities promoting responsible fatherhood unless the entity has submitted to the Secretary an application (or, in the case of an entity seeking funding to carry out healthy marriage promotion activities and activities promoting responsible fatherhood, a combined application that contains assurances that the entity will carry out such activities under separate programs and shall not combine any funds awarded to carry out either such activities) which—(I) describes—(aa) how the programs or activities proposed in the application will address, as appropriate, issues of domestic violence; and(bb) what the applicant will do, to the extent relevant, to ensure that participation in the programs or activities is voluntary, and to inform potential participants that their participation is voluntary; and(II) contains a commitment by the entity—(aa) to not use the funds for any other purpose; and(bb) to consult with experts in domestic violence or relevant community domestic violence coalitions in developing the programs and activities.
(iii) Healthy marriage promotion activitiesIn clause (ii), the term “healthy marriage promotion activities” means the following:(I) Public advertising campaigns on the value of marriage and the skills needed to increase marital stability and health.(II) Education in high schools on the value of marriage, relationship skills, and budgeting.(III) Marriage education, marriage skills, and relationship skills programs, that may include parenting skills, financial management, conflict resolution, and job and career advancement.(IV) Pre-marital education and marriage skills training for engaged couples and for couples or individuals interested in marriage.(V) Marriage enhancement and marriage skills training programs for married couples.(VI) Divorce reduction programs that teach relationship skills.(VII) Marriage mentoring programs which use married couples as role models and mentors in at-risk communities.(VIII) Programs to reduce the disincentives to marriage in means-tested aid programs, if offered in conjunction with any activity described in this subparagraph.
(B) Limitation on use of funds for demonstration projects for coordination of provision of child welfare and TANF services to tribal families at risk of child abuse or neglect
(i) In general
(ii) Limitation on use of fundsA grant made pursuant to clause (i) to such a project shall not be used for any purpose other than—(I) to improve case management for families eligible for assistance from such a tribal program;(II) for supportive services and assistance to tribal children in out-of-home placements and the tribal families caring for such children, including families who adopt such children; and(III) for prevention services and assistance to tribal families at risk of child abuse and neglect.
(iii) Reports
(C) Limitation on use of funds for activities promoting responsible fatherhood
(i) In general
(ii) Activities promoting responsible fatherhoodIn this paragraph, the term “activities promoting responsible fatherhood” means the following:(I) Activities to promote marriage or sustain marriage through activities such as counseling, mentoring, disseminating information about the benefits of marriage and 2-parent involvement for children, enhancing relationship skills, education regarding how to control aggressive behavior, disseminating information on the causes of domestic violence and child abuse, marriage preparation programs, premarital counseling, marital inventories, skills-based marriage education, financial planning seminars, including improving a family’s ability to effectively manage family business affairs by means such as education, counseling, or mentoring on matters related to family finances, including household management, budgeting, banking, and handling of financial transactions and home maintenance, and divorce education and reduction programs, including mediation and counseling.(II) Activities to promote responsible parenting through activities such as counseling, mentoring, and mediation, disseminating information about good parenting practices, skills-based parenting education, encouraging child support payments, and other methods.(III) Activities to foster economic stability by helping fathers improve their economic status by providing activities such as work first services, job search, job training, subsidized employment, job retention, job enhancement, and encouraging education, including career-advancing education, dissemination of employment materials, coordination with existing employment services such as welfare-to-work programs, referrals to local employment training initiatives, and other methods.(IV) Activities to promote responsible fatherhood that are conducted through a contract with a nationally recognized, nonprofit fatherhood promotion organization, such as the development, promotion, and distribution of a media campaign to encourage the appropriate involvement of parents in the life of any child and specifically the issue of responsible fatherhood, and the development of a national clearinghouse to assist States and communities in efforts to promote and support marriage and responsible fatherhood.
(D) AppropriationOut of any money in the Treasury of the United States not otherwise appropriated, there are appropriated for each of fiscal years 2017 and 2018 for expenditure in accordance with this paragraph—
(i) $75,000,000 for awarding funds for the purpose of carrying out healthy marriage promotion activities; and
(ii) $75,000,000 for awarding funds for the purpose of carrying out activities promoting responsible fatherhood.
If the Secretary makes an award under subparagraph (B)(i) for fiscal year 2017 or 2018, the funds for such award shall be taken in equal portion from the amounts appropriated under clauses (i) and (ii).
(E) Preference
(3) Supplemental grant for population increases in certain States
(A) In generalEach qualifying State shall, subject to subparagraph (F), be entitled to receive from the Secretary—
(i) for fiscal year 1998 a grant in an amount equal to 2.5 percent of the total amount required to be paid to the State under former section 603 of this title (as in effect during fiscal year 1994) for fiscal year 1994; and
(ii) for each of fiscal years 1999, 2000, and 2001, a grant in an amount equal to the sum of—(I) the amount (if any) required to be paid to the State under this paragraph for the immediately preceding fiscal year; and(II) 2.5 percent of the sum of—(aa) the total amount required to be paid to the State under former section 603 of this title (as in effect during fiscal year 1994) for fiscal year 1994; and(bb) the amount (if any) required to be paid to the State under this paragraph for the fiscal year preceding the fiscal year for which the grant is to be made.
(B) Preservation of grant without increases for States failing to remain qualifying States
(C) Qualifying State
(i) In generalFor purposes of this paragraph, a State is a qualifying State for a fiscal year if—(I) the level of welfare spending per poor person by the State for the immediately preceding fiscal year is less than the national average level of State welfare spending per poor person for such preceding fiscal year; and(II) the population growth rate of the State (as determined by the Bureau of the Census) for the most recent fiscal year for which information is available exceeds the average population growth rate for all States (as so determined) for such most recent fiscal year.
(ii) State must qualify in fiscal year 1998
(iii) Certain States deemed qualifying StatesFor purposes of this paragraph, a State is deemed to be a qualifying State for fiscal years 1998, 1999, 2000, and 2001 if—(I) the level of welfare spending per poor person by the State for fiscal year 1994 is less than 35 percent of the national average level of State welfare spending per poor person for fiscal year 1994; or(II) the population of the State increased by more than 10 percent from April 1, 1990 to July 1, 1994, according to the population estimates in publication CB94–204 of the Bureau of the Census.
(D) DefinitionsAs used in this paragraph:
(i) Level of welfare spending per poor personThe term “level of State welfare spending per poor person” means, with respect to a State and a fiscal year—(I) the sum of—(aa) the total amount required to be paid to the State under former section 603 of this title (as in effect during fiscal year 1994) for fiscal year 1994; and(bb) the amount (if any) paid to the State under this paragraph for the immediately preceding fiscal year; divided by(II) the number of individuals, according to the 1990 decennial census, who were residents of the State and whose income was below the poverty line.
(ii) National average level of State welfare spending per poor personThe term “national average level of State welfare spending per poor person” means, with respect to a fiscal year, an amount equal to—(I) the total amount required to be paid to the States under former section 603 of this title (as in effect during fiscal year 1994) for fiscal year 1994; divided by(II) the number of individuals, according to the 1990 decennial census, who were residents of any State and whose income was below the poverty line.
(iii) State
(E) Appropriation
(F) Grants reduced pro rata if insufficient appropriations
(G) Budget scoring
(H) ReauthorizationNotwithstanding any other provision of this paragraph—
(i) any State that was a qualifying State under this paragraph for fiscal year 2001 or any prior fiscal year shall be entitled to receive from the Secretary for each of fiscal years 2002 and 2003 a grant in an amount equal to the amount required to be paid to the State under this paragraph for the most recent fiscal year in which the State was a qualifying State;
(ii) subparagraph (G) shall be applied as if “fiscal year 2011” were substituted for “fiscal year 2001”; 1
1 So in original. Probably should be followed by “and”.
(iii) out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated for each of fiscal years 2002 and 2003 such sums as are necessary for grants under this subparagraph.
(4) Bonus to reward high performance States
(A) In general
(B) Amount of grant
(i) In general
(ii) Limitation
(C) Formula for measuring State performance
(D) Scoring of State performance; setting of performance thresholdsFor each bonus year, the Secretary shall—
(i) use the formula developed under subparagraph (C) to assign a score to each eligible State for the fiscal year that immediately precedes the bonus year; and
(ii) prescribe a performance threshold in such a manner so as to ensure that—(I) the average annual total amount of grants to be made under this paragraph for each bonus year equals $200,000,000; and(II) the total amount of grants to be made under this paragraph for all bonus years equals $1,000,000,000.
(E) DefinitionsAs used in this paragraph:
(i) Bonus year
(ii) High performing State
(F) Appropriation
(5) Welfare-to-work grants
(A) Formula grants
(i) EntitlementA State shall be entitled to receive from the Secretary of Labor a grant for each fiscal year specified in subparagraph (H) of this paragraph for which the State is a welfare-to-work State, in an amount that does not exceed the lesser of—(I) 2 times the total of the expenditures by the State (excluding qualified State expenditures (as defined in section 609(a)(7)(B)(i) of this title) and any expenditure described in subclause (I), (II), or (IV) of section 609(a)(7)(B)(iv) of this title) during the period permitted under subparagraph (C)(vii) of this paragraph for the expenditure of funds under the grant for activities described in subparagraph (C)(i) of this paragraph; or(II) the allotment of the State under clause (iii) of this subparagraph for the fiscal year.
(ii) Welfare-to-work StateA State shall be considered a welfare-to-work State for a fiscal year for purposes of this paragraph if the Secretary of Labor determines that the State meets the following requirements:(I) The State has submitted to the Secretary of Labor and the Secretary of Health and Human Services (in the form of an addendum to the State plan submitted under section 602 of this title) a plan which—(aa) describes how, consistent with this subparagraph, the State will use any funds provided under this subparagraph during the fiscal year;(bb) specifies the formula to be used pursuant to clause (vi) to distribute funds in the State, and describes the process by which the formula was developed;(cc) contains evidence that the plan was developed in consultation and coordination with appropriate entitites 2
2 So in original. Probably should be “entities”.
in span-State areas;(dd) contains assurances by the Governor of the State that the private industry council (and any alternate agency designated by the Governor under item (ee)) for a service delivery area in the State will coordinate the expenditure of any funds provided under this subparagraph for the benefit of the service delivery area with the expenditure of the funds provided to the State under paragraph (1);(ee) if the Governor of the State desires to have an agency other than a private industry council administer the funds provided under this subparagraph for the benefit of 1 or more service delivery areas in the State, contains an application to the Secretary of Labor for a waiver of clause (vii)(I) with respect to the area or areas in order to permit an alternate agency designated by the Governor to so administer the funds; and(ff) describes how the State will ensure that a private industry council to which information is disclosed pursuant to section 603(a)(5)(K) 33 See References in Text note below.
or 654A(f)(5) of this title has procedures for safeguarding the information and for ensuring that the information is used solely for the purpose described in that section.(II) The State has provided to the Secretary of Labor an estimate of the amount that the State intends to expend during the period permitted under subparagraph (C)(vii) of this paragraph for the expenditure of funds under the grant (excluding expenditures described in section 609(a)(7)(B)(iv) of this title (other than subclause (III) thereof)) pursuant to this paragraph.(III) The State has agreed to negotiate in good faith with the Secretary of Health and Human Services with respect to the substance and funding of any evaluation under section 613(j) of this title, and to cooperate with the conduct of any such evaluation.(IV) The State is an eligible State for the fiscal year.(V) The State certifies that qualified State expenditures (within the meaning of section 609(a)(7) of this title) for the fiscal year will be not less than the applicable percentage of historic State expenditures (within the meaning of section 609(a)(7) of this title) with respect to the fiscal year.(iii) Allotments to welfare-to-work States(I) In general(II) Minimum allotment(III) Pro rata reduction
(iv) Available amountAs used in this subparagraph, the term “available amount” means, for a fiscal year, the sum of—(I) 75 percent of the sum of—(aa) the amount specified in subparagraph (H) for the fiscal year, minus the total of the amounts reserved pursuant to subparagraphs (E), (F), and (G) for the fiscal year; and(bb) any amount reserved pursuant to subparagraph (E) for the immediately preceding fiscal year that has not been obligated; and(II) any available amount for the immediately preceding fiscal year that has not been obligated by a State, other than funds reserved by the State for distribution under clause (vi)(III) and funds distributed pursuant to clause (vi)(I) in any State in which the service delivery area is the State.
(v) State percentageAs used in clause (iii), the term “State percentage” means, with respect to a fiscal year, ½ of the sum of—(I) the percentage represented by the number of individuals in the State whose income is less than the poverty line divided by the number of such individuals in the United States; and(II) the percentage represented by the number of adults who are recipients of assistance under the State program funded under this part divided by the number of adults in the United States who are recipients of assistance under any State program funded under this part.
(vi) Procedure for distribution of funds within States(I) Allocation formulaA State to which a grant is made under this subparagraph shall devise a formula for allocating not less than 85 percent of the amount of the grant among the service delivery areas in the State, which—(aa) determines the amount to be allocated for the benefit of a service delivery area in proportion to the number (if any) by which the population of the area with an income that is less than the poverty line exceeds 7.5 percent of the total population of the area, relative to such number for all such areas in the State with such an excess, and accords a weight of not less than 50 percent to this factor;(bb) may determine the amount to be allocated for the benefit of such an area in proportion to the number of adults residing in the area who have been recipients of assistance under the State program funded under this part (whether in effect before or after the amendments made by section 103(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 first applied to the State) for at least 30 months (whether or not consecutive) relative to the number of such adults residing in the State; and(cc) may determine the amount to be allocated for the benefit of such an area in proportion to the number of unemployed individuals residing in the area relative to the number of such individuals residing in the State.(II) Distribution of funds(aa) In general(bb) Special rule(III) Projects to help long-term recipients of assistance enter unsubsidized jobs
(vii) Administration(I) Private industry councils(II) Enforcement of coordination of expenditures with other expenditures under this partNotwithstanding subclause (I) of this clause, on a determination by the Governor of a State that a private industry council (or an alternate agency described in clause (ii)(I)(dd)) has used funds provided under this subparagraph in a manner inconsistent with the assurances described in clause (ii)(I)(dd)—(aa) the private industry council (or such alternate agency) shall remit the funds to the Governor; and(bb) the Governor shall apply to the Secretary of Labor for a waiver of subclause (I) of this clause with respect to the service delivery area or areas involved in order to permit an alternate agency designated by the Governor to administer the funds in accordance with the assurances.(III) Authority to permit use of alternate administering agency
(viii) Data to be used in determining the number of adult TANF recipients
(ix) Reversion of unallotted formula funds
(B) Competitive grants
(i) In generalThe Secretary of Labor shall award grants in accordance with this subparagraph, in fiscal years 1998 and 1999, for projects proposed by eligible applicants, based on the following:(I) The effectiveness of the proposal in—(aa) expanding the base of knowledge about programs aimed at moving recipients of assistance under State programs funded under this part who are least job ready into unsubsidized employment.4
4 So in original. The period probably should be a semicolon.
(bb) moving recipients of assistance under State programs funded under this part who are least job ready into unsubsidized employment; and(cc) moving recipients of assistance under State programs funded under this part who are least job ready into unsubsidized employment, even in labor markets that have a shortage of low-skill jobs.(II) At the discretion of the Secretary of Labor, any of the following:(aa) The history of success of the applicant in moving individuals with multiple barriers into work.(bb) Evidence of the applicant’s ability to leverage private, State, and local resources.(cc) Use by the applicant of State and local resources beyond those required by subparagraph (A).(dd) Plans of the applicant to coordinate with other organizations at the local and State level.(ee) Use by the applicant of current or former recipients of assistance under a State program funded under this part as mentors, case managers, or service providers.(ii) Eligible applicants
(iii) Determination of grant amount
(iv) Consideration of needs of rural areas and cities with large concentrations of poverty
(v) FundingFor grants under this subparagraph for each fiscal year specified in subparagraph (H), there shall be available to the Secretary of Labor an amount equal to the sum of—(I) 25 percent of the sum of—(aa) the amount specified in subparagraph (H) for the fiscal year, minus the total of the amounts reserved pursuant to subparagraphs (E), (F), and (G) for the fiscal year; and(bb) any amount reserved pursuant to subparagraph (E) for the immediately preceding fiscal year that has not been obligated; and(II) any amount available for grants under this subparagraph for the immediately preceding fiscal year that has not been obligated.
(C) Limitations on use of funds
(i) Allowable activitiesAn entity to which funds are provided under this paragraph shall use the funds to move individuals into and keep individuals in lasting unsubsidized employment by means of any of the following:(I) The conduct and administration of community service or work experience programs.(II) Job creation through public or private sector employment wage subsidies.(III) On-the-job training.(IV) Contracts with public or private providers of readiness, placement, and post-employment services, or if the entity is not a private industry council or workforce investment board, the direct provision of such services.(V) Job vouchers for placement, readiness, and postemployment services.(VI) Job retention or support services if such services are not otherwise available.(VII) Not more than 6 months of vocational educational or job training.
Contracts or vouchers for job placement services supported by such funds must require that at least ½ of the payment occur after an eligible individual placed into the workforce has been in the workforce for 6 months.
(ii) General eligibilityAn entity that operates a project with funds provided under this paragraph may expend funds provided to the project for the benefit of recipients of assistance under the program funded under this part of the State in which the entity is located who—(I) has received assistance under the State program funded under this part (whether in effect before or after the amendments made by section 103 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 first apply to the State) for at least 30 months (whether or not consecutive); or(II) within 12 months, will become ineligible for assistance under the State program funded under this part by reason of a durational limit on such assistance, without regard to any exemption provided pursuant to section 608(a)(7)(C) of this title that may apply to the individual.
(iii) Noncustodial parentsAn entity that operates a project with funds provided under this paragraph may use the funds to provide services in a form described in clause (i) to noncustodial parents with respect to whom the requirements of the following subclauses are met:(I) The noncustodial parent is unemployed, underemployed, or having difficulty in paying child support obligations.(II) At least 1 of the following applies to a minor child of the noncustodial parent (with preference in the determination of the noncustodial parents to be provided services under this paragraph to be provided by the entity to those noncustodial parents with minor children who meet, or who have custodial parents who meet, the requirements of item (aa)):(aa) The minor child or the custodial parent of the minor child meets the requirements of subclause (I) or (II) of clause (ii).(bb) The minor child is eligible for, or is receiving, benefits under the program funded under this part.(cc) The minor child received benefits under the program funded under this part in the 12-month period preceding the date of the determination but no longer receives such benefits.(dd) The minor child is eligible for, or is receiving, assistance under the Food and Nutrition Act of 2008 [7 U.S.C. 2011 et seq.], benefits under the supplemental security income program under subchapter XVI of this chapter, medical assistance under subchapter XIX of this chapter, or child health assistance under subchapter XXI of this chapter.(III) In the case of a noncustodial parent who becomes enrolled in the project on or after November 29, 1999, the noncustodial parent is in compliance with the terms of an oral or written personal responsibility contract entered into among the noncustodial parent, the entity, and (unless the entity demonstrates to the Secretary that the entity is not capable of coordinating with such agency) the agency responsible for administering the State plan under part D, which was developed taking into account the employment and child support status of the noncustodial parent, which was entered into not later than 30 (or, at the option of the entity, not later than 90) days after the noncustodial parent was enrolled in the project, and which, at a minimum, includes the following:(aa) A commitment by the noncustodial parent to cooperate, at the earliest opportunity, in the establishment of the paternity of the minor child, through voluntary acknowledgement or other procedures, and in the establishment of a child support order.(bb) A commitment by the noncustodial parent to cooperate in the payment of child support for the minor child, which may include a modification of an existing support order to take into account the ability of the noncustodial parent to pay such support and the participation of such parent in the project.(cc) A commitment by the noncustodial parent to participate in employment or related activities that will enable the noncustodial parent to make regular child support payments, and if the noncustodial parent has not attained 20 years of age, such related activities may include completion of high school, a general equivalency degree, or other education directly related to employment.(dd) A description of the services to be provided under this paragraph, and a commitment by the noncustodial parent to participate in such services, that are designed to assist the noncustodial parent obtain and retain employment, increase earnings, and enhance the financial and emotional contributions to the well-being of the minor child.
In order to protect custodial parents and children who may be at risk of domestic violence, the preceding provisions of this subclause shall not be construed to affect any other provision of law requiring a custodial parent to cooperate in establishing the paternity of a child or establishing or enforcing a support order with respect to a child, or entitling a custodial parent to refuse, for good cause, to provide such cooperation as a condition of assistance or benefit under any program, shall not be construed to require such cooperation by the custodial parent as a condition of participation of either parent in the program authorized under this paragraph, and shall not be construed to require a custodial parent to cooperate with or participate in any activity under this clause. The entity operating a project under this clause with funds provided under this paragraph shall consult with domestic violence prevention and intervention organizations in the development of the project.
(iv) Targeting of hard to employ individuals with characteristics associated with long-term welfare dependenceAn entity that operates a project with funds provided under this paragraph may expend not more than 30 percent of all funds provided to the project for programs that provide assistance in a form described in clause (i)—(I) to recipients of assistance under the program funded under this part of the State in which the entity is located who have characteristics associated with long-term welfare dependence (such as school dropout, teen pregnancy, or poor work history), including, at the option of the State, by providing assistance in such form as a condition of receiving assistance under the State program funded under this part;(II) to children—(aa) who have attained 18 years of age but not 25 years of age; and(bb) who, before attaining 18 years of age, were recipients of foster care maintenance payments (as defined in section 675(4) of this title) under part E or were in foster care under the responsibility of a State;(III) to recipients of assistance under the State program funded under this part, determined to have significant barriers to self-sufficiency, pursuant to criteria established by the local private industry council; or(IV) to custodial parents with incomes below 100 percent of the poverty line (as defined in section 9902(2) of this title, including any revision required by such section, applicable to a family of the size involved).
To the extent that the entity does not expend such funds in accordance with the preceding sentence, the entity shall expend such funds in accordance with clauses (ii) and (iii) and, as appropriate, clause (v).
(v) Authority to provide work-related services to individuals who have reached the 5-year limit
(vi) Relationship to other provisions of this part(I) Rules governing use of funds(II) Rules governing payments to States(III) Administration
(vii) Prohibition against use of grant funds for any other fund matching requirement
(viii) Deadline for expenditure
(ix) Regulations
(x) Reporting requirements
(D) Definitions
(i) Individuals with income less than the poverty lineFor purposes of this paragraph, the number of individuals with an income that is less than the poverty line shall be determined for a fiscal year—(I) based on the methodology used by the Bureau of the Census to produce and publish intercensal poverty data for States and counties (or, in the case of Puerto Rico, the Virgin Islands, Guam, and American Samoa, other poverty data selected by the Secretary of Labor); and(II) using data for the most recent year for which such data is available before the beginning of the fiscal year.
(ii) Private industry council
(iii) Service delivery area
(E) Funding for Indian tribes
(F) Funding for evaluations of welfare-to-work programs
(G) Funding for evaluation of abstinence education programs
(i) In general
(ii) Authority to use funds for evaluations of welfare-to-work programs
(iii) Deadline for outlays
(iv) Interim report
(H) Appropriations
(i) In generalOut of any money in the Treasury of the United States not otherwise appropriated, there are appropriated for grants under this paragraph—(I) $1,500,000,000 for fiscal year 1998; and(II) $1,400,000,000 for fiscal year 1999.
(ii) Availability
(I) Worker protections
(i) Nondisplacement in work activities(I) General prohibition(II) Prohibition against violation of contracts(III) Other prohibitionsAn adult participant in a work activity engaged in under a program operated with funds provided under this paragraph shall not be employed or assigned—(aa) when any other individual is on layoff from the same or any substantially equivalent job;(bb) if the employer has terminated the employment of any regular employee or otherwise caused an involuntary reduction in its workforce with the intention of filling the vacancy so created with the participant; or(cc) if the employer has caused an involuntary reduction to less than full time in hours of any employee in the same or a substantially equivalent job.
(ii) Health and safety
(iii) Nondiscrimination
(iv) Grievance procedure(I) In general(II) Hearing(III) RemediesThe procedure shall include remedies for violation of clause (i), (ii), or (iii), which may continue during the pendency of the procedure, and which may include—(aa) suspension or termination of payments from funds provided under this paragraph;(bb) prohibition of placement of a participant with an employer that has violated clause (i), (ii), or (iii);(cc) where applicable, reinstatement of an employee, payment of lost wages and benefits, and reestablishment of other relevant terms, conditions and privileges of employment; and(dd) where appropriate, other equitable relief.(IV) Appeals(aa) Filing(bb) Final determination
(v) Rule of interpretation
(vi) Nonpreemption of State law
(J) Information disclosure
(b) Contingency Fund
(1) Establishment
(2) Deposits into fund
(3) Grants
(A) Provisional payments
(B) Payment priority
(C) Limitations
(i) Monthly payment to a State
(ii) Payments to all States
(4) “Eligible month” defined
(5) Needy StateFor purposes of paragraph (4), a State is a needy State for a month if—
(A) the average rate of—
(i) total unemployment in such State (seasonally adjusted) for the period consisting of the most recent 3 months for which data for all States are published equals or exceeds 6.5 percent; and
(ii) total unemployment in such State (seasonally adjusted) for the 3-month period equals or exceeds 110 percent of such average rate for either (or both) of the corresponding 3-month periods ending in the 2 preceding calendar years; or
(B) as determined by the Secretary of Agriculture (in the discretion of the Secretary of Agriculture), the monthly average number of individuals (as of the last day of each month) participating in the supplemental nutrition assistance program in the State in the then most recently concluded 3-month period for which data are available exceeds by not less than 10 percent the lesser of—
(i) the monthly average number of individuals (as of the last day of each month) in the State that would have participated in the supplemental nutrition assistance program in the corresponding 3-month period in fiscal year 1994 if the amendments made by titles IV [8 U.S.C. 1601 et seq.] and VIII of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 had been in effect throughout fiscal year 1994; or
(ii) the monthly average number of individuals (as of the last day of each month) in the State that would have participated in the supplemental nutrition assistance program in the corresponding 3-month period in fiscal year 1995 if the amendments made by titles IV and VIII of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 had been in effect throughout fiscal year 1995.
(6) Annual reconciliation
(A) In generalNotwithstanding paragraph (3), if the Secretary makes a payment to a State under this subsection in a fiscal year, then the State shall remit to the Secretary, within 1 year after the end of the first subsequent period of 3 consecutive months for which the State is not a needy State, an amount equal to the amount (if any) by which—
(i) the total amount paid to the State under paragraph (3) of this subsection in the fiscal year; exceeds
(ii) the product of—(I) the Federal medical assistance percentage for the State (as defined in section 1396d(b) of this title, as such section was in effect on September 30, 1995);(II) the State’s reimbursable expenditures for the fiscal year; and(III)1⁄12 times the number of months during the fiscal year for which the Secretary made a payment to the State under such paragraph (3).
(B) DefinitionsAs used in subparagraph (A):
(i) Reimbursable expendituresThe term “reimbursable expenditures” means, with respect to a State and a fiscal year, the amount (if any) by which—(I) countable State expenditures for the fiscal year; exceeds(II) historic State expenditures (as defined in section 609(a)(7)(B)(iii) of this title), excluding any amount expended by the State for child care under subsection (g) or (i) of section 602 of this title (as in effect during fiscal year 1994) for fiscal year 1994.
(ii) Countable State expendituresThe term “countable expenditures” means, with respect to a State and a fiscal year—(I) the qualified State expenditures (as defined in section 609(a)(7)(B)(i) of this title (other than the expenditures described in subclause (I)(bb) of such section)) under the State program funded under this part for the fiscal year; plus(II) any amount paid to the State under paragraph (3) during the fiscal year that is expended by the State under the State program funded under this part.
(C) Adjustment of State remittances
(i) In generalThe amount otherwise required by subparagraph (A) to be remitted by a State for a fiscal year shall be increased by the lesser of—(I) the total adjustment for the fiscal year, multiplied by the adjustment percentage for the State for the fiscal year; or(II) the unadjusted net payment to the State for the fiscal year.
(ii) Total adjustmentAs used in clause (i), the term “total adjustment” means—(I) in the case of fiscal year 1998, $2,000,000;(II) in the case of fiscal year 1999, $9,000,000;(III) in the case of fiscal year 2000, $16,000,000; and(IV) in the case of fiscal year 2001, $13,000,000.
(iii) Adjustment percentageAs used in clause (i), the term “adjustment percentage” means, with respect to a State and a fiscal year—(I) the unadjusted net payment to the State for the fiscal year; divided by(II) the sum of the unadjusted net payments to all States for the fiscal year.
(iv) Unadjusted net paymentAs used in this subparagraph, the term, “unadjusted net payment” means with respect to a State and a fiscal year—(I) the total amount paid to the State under paragraph (3) in the fiscal year; minus(II) the amount that, in the absence of this subparagraph, would be required by subparagraph (A) or by section 609(a)(10) of this title to be remitted by the State in respect of the payment.
(7) “State” defined
(8) Annual reports
(c) Pandemic emergency assistance
(1) Appropriation
(2) Reservation of funds for technical assistance
(3) Allotments
(A) 50 States and the District of Columbia
(i) Total amount to be allotted
(ii) Allotment formulaThe Secretary shall allot to each such State the sum of the following percentages of the total amount described in clause (i):(I) 50 percent, multiplied by—(aa) the population of children in the State, determined on the basis of the most recent population estimates as determined by the Bureau of the Census; divided by(bb) the total population of children in the States that are not territories, as so determined; plus(II) 50 percent, multiplied by—(aa) the total amount expended by the State for basic assistance, non-recurrent short term benefits, and emergency assistance in fiscal year 2019, as reported by the State under section 611 of this title; divided by(bb) the total amount expended by the States that are not territories for basic assistance, non-recurrent short term benefits, and emergency assistance in fiscal year 2019, as so reported by the States.
(B) Territories and Indian Tribes
(C) Expenditure commitment requirementTo receive the full amount of funding payable under this subsection, a State or Indian tribe shall inform the Secretary as to whether it intends to use all of its allotment under this paragraph and provide that information—
(i) in the case of a State that is not a territory, within 45 days after March 11, 2021; or
(ii) in the case of a territory or an Indian tribe, within 90 days after such date.
(4) Grants
(A) In general
(B) Treatment of unused funds
(i) Reallotment
(ii) Provision
(5) Recipient of funds provided for territories
(6) Use of funds
(A) In general
(B) Limitation on use for administrative expenses
(C) Nonsupplantation
(D) Expenditure deadline
(i) In general
(ii) Exception for reallotted funds
(7) Suspension of territory spending cap
(8) DefinitionsIn this subsection:
(A) Applicable period
(B) Non-recurrent short term benefits
(C) State
(D) Territory
(Aug. 14, 1935, ch. 531, title IV, § 403, as added Pub. L. 104–193, title I, § 103(a)(1), Aug. 22, 1996, 110 Stat. 2115; amended Pub. L. 104–327, § 1(b), Oct. 19, 1996, 110 Stat. 4002; Pub. L. 105–33, title V, §§ 5001(a)(1), 5502, 5514(c), Aug. 5, 1997, 111 Stat. 577, 606, 620; Pub. L. 105–78, title VI, § 608, Nov. 13, 1997, 111 Stat. 1522; Pub. L. 105–89, title IV, § 404(a), (b), Nov. 19, 1997, 111 Stat. 2134; Pub. L. 105–200, title IV, § 408, July 16, 1998, 112 Stat. 672; Pub. L. 105–277, div. A, § 101(f) [title I, § 102, title VIII, § 405(d)(30), (f)(22)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–346, 2681–425, 2681–432; Pub. L. 105–306, § 6(a), Oct. 28, 1998, 112 Stat. 2928; Pub. L. 106–113, div. B, § 1000(a)(4) [title VIII, §§ 801(a), (b)(1), (c), 802, 803, 804(b), 805(a)(2), (b), 806], Nov. 29, 1999, 113 Stat. 1535, 1501A–280, 1501A–281, 1501A–283 to 1501A–286; Pub. L. 106–246, div. B, title II, § 2402, July 13, 2000, 114 Stat. 555; Pub. L. 106–554, § 1(a)(1) [title I, §§ 103, 107(a)–(b)(4), (c), title V, § 513], Dec. 21, 2000, 114 Stat. 2763, 2763A–11, 2763A–12, 2763A–71; Pub. L. 107–147, title VI, §§ 616, 617, Mar. 9, 2002, 116 Stat. 62; Pub. L. 108–40, § 3(a), (c)–(e), June 30, 2003, 117 Stat. 836, 837; Pub. L. 108–89, title I, § 101(b)(1), (2), Oct. 1, 2003, 117 Stat. 1131; Pub. L. 108–210, § 2(b), Mar. 31, 2004, 118 Stat. 564; Pub. L. 108–262, § 2(b), June 30, 2004, 118 Stat. 696; Pub. L. 108–308, § 2(b)(1), (2), Sept. 30, 2004, 118 Stat. 1135; Pub. L. 109–4, § 2(b), Mar. 25, 2005, 119 Stat. 17; Pub. L. 109–19, § 2(b), July 1, 2005, 119 Stat. 344; Pub. L. 109–68, § 2(b)(2)(A), (B), Sept. 21, 2005, 119 Stat. 2003; Pub. L. 109–161, § 2(b), Dec. 30, 2005, 119 Stat. 2958; Pub. L. 109–171, title VII, §§ 7101(b)(1), (2), 7103(a), Feb. 8, 2006, 120 Stat. 135, 138; Pub. L. 110–234, title IV, § 4002(b)(1)(A), (B), (2)(V), May 22, 2008, 122 Stat. 1095–1097; Pub. L. 110–246, § 4(a), title IV, § 4002(b)(1)(A), (B), (2)(V), June 18, 2008, 122 Stat. 1664, 1857, 1858; Pub. L. 110–275, title III, § 301(b), July 15, 2008, 122 Stat. 2594; Pub. L. 111–5, div. B, title II, §§ 2101(a), 2102(b), Feb. 17, 2009, 123 Stat. 446, 449; Pub. L. 111–242, § 131(b)(1), (2), Sept. 30, 2010, 124 Stat. 2612; Pub. L. 111–291, title VIII, § 811(b)–(d), Dec. 8, 2010, 124 Stat. 3159; Pub. L. 112–96, title IV, § 4002(a), (b), Feb. 22, 2012, 126 Stat. 194, 195; Pub. L. 112–275, § 9(a), Jan. 14, 2013, 126 Stat. 2465; Pub. L. 113–128, title V, § 512(dd)(1), July 22, 2014, 128 Stat. 1717; Pub. L. 115–31, div. M, title I, § 102(a)(1), (2), (b), (c)(2), May 5, 2017, 131 Stat. 800, 803; Pub. L. 117–2, title IX, § 9201, Mar. 11, 2021, 135 Stat. 124.)
§ 603a. Transferred
§ 604. Use of grants
(a) General rulesSubject to this part, a State to which a grant is made under section 603 of this title may use the grant—
(1) in any manner that is reasonably calculated to accomplish the purpose of this part, including to provide low income households with assistance in meeting home heating and cooling costs; or
(2) in any manner that the State was authorized to use amounts received under part A or F, as such parts were in effect on September 30, 1995, or (at the option of the State) August 21, 1996.
(b) Limitation on use of grant for administrative purposes
(1) Limitation
(2) Exception
(c) Authority to treat interstate immigrants under rules of former State
(d) Authority to use portion of grant for other purposes
(1) In generalSubject to paragraph (2), a State may use not more than 30 percent of the amount of any grant made to the State under section 603(a) of this title for a fiscal year to carry out a State program pursuant to any or all of the following provisions of law:
(A) Division A of subchapter XX of this chapter.
(B) The Child Care and Development Block Grant Act of 1990 [42 U.S.C. 9857 et seq.].
(2) Limitation on amount transferable to division A 1
1 See References in Text note below.
of subchapter XX programs(A) In general
(B) Applicable percent
(3) Applicable rules
(A) In general
(B) Exception relating to division A 1 of subchapter XX programs
(e) Authority to carry over certain amounts for benefits or services or for future contingencies
(f) Authority to operate employment placement program
(g) Implementation of electronic benefit transfer system
(h) Use of funds for individual development accounts
(1) In general
(2) Individual development accounts
(A) Establishment
(B) Qualified purposeA qualified purpose described in this subparagraph is 1 or more of the following, as provided by the qualified entity providing assistance to the individual under this subsection:
(i) Postsecondary educational expenses
(ii) First home purchase
(iii) Business capitalization
(C) Contributions to be from earned income
(D) Withdrawal of funds
(3) Requirements
(A) In general
(B) “Qualified entity” definedAs used in this subsection, the term “qualified entity” means—
(i) a not-for-profit organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; or
(ii) a State or local government agency acting in cooperation with an organization described in clause (i).
(4) No reduction in benefits
(5) DefinitionsAs used in this subsection—
(A) Eligible educational institutionThe term “eligible educational institution” means the following:
(i) An institution described in section 1088(a)(1) or 1141(a) of title 20, as such sections are in effect on August 22, 1996.
(ii) An area vocational education school (as defined in subparagraph (C) or (D) of section 2471(4) of title 20) which is in any State (as defined in section 2471(33) of title 20), as such sections are in effect on August 22, 1996.
(B) Post-secondary educational expensesThe term “post-secondary educational expenses” means—
(i) tuition and fees required for the enrollment or attendance of a student at an eligible educational institution, and
(ii) fees, books, supplies, and equipment required for courses of instruction at an eligible educational institution.
(C) Qualified acquisition costs
(D) Qualified business
(E) Qualified business capitalization expenses
(F) Qualified expenditures
(G) Qualified first-time homebuyer
(i) In general
(ii) Date of acquisition
(H) Qualified planThe term “qualified plan” means a business plan which—
(i) is approved by a financial institution, or by a nonprofit loan fund having demonstrated fiduciary integrity,
(ii) includes a description of services or goods to be sold, a marketing plan, and projected financial statements, and
(iii) may require the eligible individual to obtain the assistance of an experienced entrepreneurial advisor.
(I) Qualified principal residence
(i) Sanction welfare recipients for failing to ensure that minor dependent children attend school
(j) Requirement for high school diploma or equivalent
(k) Limitations on use of grant for matching under certain Federal transportation program
(1) Use limitationsA State to which a grant is made under section 603 of this title may not use any part of the grant to match funds made available under section 3037 of the Transportation Equity Act for the 21st Century, unless—
(A) the grant is used for new or expanded transportation services (and not for construction) that benefit individuals described in subparagraph (C), and not to subsidize current operating costs;
(B) the grant is used to supplement and not supplant other State expenditures on transportation;
(C) the preponderance of the benefits derived from such use of the grant accrues to individuals who are—
(i) recipients of assistance under the State program funded under this part;
(ii) former recipients of such assistance;
(iii) noncustodial parents who are described in section 603(a)(5)(C)(iii) of this title; and
(iv) low-income individuals who are at risk of qualifying for such assistance; and
(D) the services provided through such use of the grant promote the ability of such recipients to engage in work activities (as defined in section 607(d) of this title).
(2) Amount limitation
(3) Rule of interpretation
(Aug. 14, 1935, ch. 531, title IV, § 404, as added Pub. L. 104–193, title I, § 103(a)(1), Aug. 22, 1996, 110 Stat. 2124; amended Pub. L. 105–33, title V, §§ 5002(a), 5503, 5514(c), Aug. 5, 1997, 111 Stat. 593, 609, 620; Pub. L. 105–178, title VIII, § 8401(b), June 9, 1998, 112 Stat. 499; Pub. L. 105–200, title IV, § 403(a), July 16, 1998, 112 Stat. 670; Pub. L. 106–113, div. B, § 1000(a)(4) [title VIII, § 801(d)], Nov. 29, 1999, 113 Stat. 1535, 1501A–283; Pub. L. 106–169, title IV, § 401(l), Dec. 14, 1999, 113 Stat. 1858; Pub. L. 110–234, title IV, §§ 4002(b)(1)(A), (B), (2)(V), 4115(c)(2)(G), May 22, 2008, 122 Stat. 1095–1097, 1110; Pub. L. 110–246, § 4(a), title IV, §§ 4002(b)(1)(A), (B), (2)(V), 4115(c)(2)(G), June 18, 2008, 122 Stat. 1664, 1857, 1858, 1871; Pub. L. 111–5, div. B, title II, § 2103, Feb. 17, 2009, 123 Stat. 449; Pub. L. 111–148, title VI, § 6703(d)(2)(A), Mar. 23, 2010, 124 Stat. 803; Pub. L. 112–96, title IV, § 4005(a), Feb. 22, 2012, 126 Stat. 198.)
§ 604a. Services provided by charitable, religious, or private organizations
(a) In general
(1) State optionsA State may—
(A) administer and provide services under the programs described in subparagraphs (A) and (B)(i) of paragraph (2) through contracts with charitable, religious, or private organizations; and
(B) provide beneficiaries of assistance under the programs described in subparagraphs (A) and (B)(ii) of paragraph (2) with certificates, vouchers, or other forms of disbursement which are redeemable with such organizations.
(2) Programs describedThe programs described in this paragraph are the following programs:
(A) A State program funded under this part (as amended by section 103(a) of this Act).
(B) Any other program established or modified under title I or II of this Act, that—
(i) permits contracts with organizations; or
(ii) permits certificates, vouchers, or other forms of disbursement to be provided to beneficiaries, as a means of providing assistance.
(b) Religious organizations
(c) Nondiscrimination against religious organizations
(d) Religious character and freedom
(1) Religious organizations
(2) Additional safeguardsNeither the Federal Government nor a State shall require a religious organization to—
(A) alter its form of internal governance; or
(B) remove religious art, icons, scripture, or other symbols;
in order to be eligible to contract to provide assistance, or to accept certificates, vouchers, or other forms of disbursement, funded under a program described in subsection (a)(2).
(e) Rights of beneficiaries of assistance
(1) In general
(2) Individual described
(f) Employment practices
(g) Nondiscrimination against beneficiaries
(h) Fiscal accountability
(1) In general
(2) Limited audit
(i) Compliance
(j) Limitations on use of funds for certain purposes
(k) Preemption
(Pub. L. 104–193, title I, § 104, Aug. 22, 1996, 110 Stat. 2161.)
§ 605. Administrative provisions
(a) Quarterly
(b) Notification
(c) Computation and certification of payments to States
(1) Computation
(2) Certification
(d) Payment method
(Aug. 14, 1935, ch. 531, title IV, § 405, as added Pub. L. 104–193, title I, § 103(a)(1), Aug. 22, 1996, 110 Stat. 2128; amended Pub. L. 105–33, title V, § 5514(c), Aug. 5, 1997, 111 Stat. 620; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)
§ 606. Federal loans for State welfare programs
(a) Loan authority
(1) In general
(2) Loan-eligible State
(b) Rate of interest
(c) Use of loan
A State shall use a loan made to the State under this section only for any purpose for which grant amounts received by the State under section 603(a) of this title may be used, including—
(1) welfare anti-fraud activities; and
(2) the provision of assistance under the State program to Indian families that have moved from the service area of an Indian tribe with a tribal family assistance plan approved under section 612 of this title.
(d) Limitation on total amount of loans to State
(e) Limitation on total amount of outstanding loans
(f) Appropriation
(Aug. 14, 1935, ch. 531, title IV, § 406, as added Pub. L. 104–193, title I, § 103(a)(1), Aug. 22, 1996, 110 Stat. 2128; amended Pub. L. 105–33, title V, § 5514(c), Aug. 5, 1997, 111 Stat. 620; Pub. L. 108–40, § 3(f), June 30, 2003, 117 Stat. 837.)
§ 607. Mandatory work requirements
(a) Participation rate requirements
(1) All families
(2) 2-parent families
(b) Calculation of participation rates
(1) All families
(A) Average monthly rate
(B) Monthly participation ratesThe participation rate of a State for all families of the State for a month, expressed as a percentage, is—
(i) the number of families receiving assistance under the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 609(a)(7)(B)(i) of this title) that include an adult or a minor child head of household who is engaged in work for the month; divided by
(ii) the amount by which—(I) the number of families receiving such assistance during the month that include an adult or a minor child head of household receiving such assistance; exceeds(II) the number of families receiving such assistance that are subject in such month to a penalty described in subsection (e)(1) but have not been subject to such penalty for more than 3 months within the preceding 12-month period (whether or not consecutive).
(2) 2-parent families
(A) Average monthly rate
(B) Monthly participation rates
(C) Family with a disabled parent not treated as a 2-parent family
(3) Pro rata reduction of participation rate due to caseload reductions not required by Federal law and not resulting from changes in State eligibility criteria
(A) In generalThe Secretary shall prescribe regulations for reducing the minimum participation rate otherwise required by this section for a fiscal year by the number of percentage points equal to the number of percentage points (if any) by which—
(i) the average monthly number of families receiving assistance during the immediately preceding fiscal year under the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 609(a)(7)(B)(i) of this title) is less than
(ii) the average monthly number of families that received assistance under any State program referred to in clause (i) during fiscal year 2005.
The minimum participation rate shall not be reduced to the extent that the Secretary determines that the reduction in the number of families receiving such assistance is required by Federal law.
(B) Eligibility changes not counted
(4) State option to include individuals receiving assistance under a tribal family assistance plan or tribal work program
(5) State option for participation requirement exemptions
(c) Engaged in work
(1) General rules
(A) All families
(B) 2-parent familiesFor purposes of subsection (b)(2)(B), an individual is engaged in work for a month in a fiscal year if—
(i) the individual and the other parent in the family are participating in work activities for a total of at least 35 hours per week during the month, not fewer than 30 hours per week of which are attributable to an activity described in paragraph (1), (2), (3), (4), (5), (6), (7), (8), or (12) of subsection (d), subject to this subsection; and
(ii) if the family of the individual receives federally-funded child care assistance and an adult in the family is not disabled or caring for a severely disabled child, the individual and the other parent in the family are participating in work activities for a total of at least 55 hours per week during the month, not fewer than 50 hours per week of which are attributable to an activity described in paragraph (1), (2), (3), (4), (5), (6), (7), (8), or (12) of subsection (d).
(2) Limitations and special rules
(A) Number of weeks for which job search counts as work
(i) Limitation
(ii) Limited authority to count less than full week of participation
(B) Single parent or relative with child under age 6 deemed to be meeting work participation requirements if parent or relative is engaged in work for 20 hours per week
(C) Single teen head of household or married teen who maintains satisfactory school attendance deemed to be meeting work participation requirementsFor purposes of determining monthly participation rates under subsection (b)(1)(B)(i), a recipient who is married or a head of household and has not attained 20 years of age is deemed to be engaged in work for a month in a fiscal year if the recipient—
(i) maintains satisfactory attendance at secondary school or the equivalent during the month; or
(ii) participates in education directly related to employment for an average of at least 20 hours per week during the month.
(D) Limitation on number of persons who may be treated as engaged in work by reason of participation in educational activities
(d) “Work activities” definedAs used in this section, the term “work activities” means—
(1) unsubsidized employment;
(2) subsidized private sector employment;
(3) subsidized public sector employment;
(4) work experience (including work associated with the refurbishing of publicly assisted housing) if sufficient private sector employment is not available;
(5) on-the-job training;
(6) job search and job readiness assistance;
(7) community service programs;
(8) vocational educational training (not to exceed 12 months with respect to any individual);
(9) job skills training directly related to employment;
(10) education directly related to employment, in the case of a recipient who has not received a high school diploma or a certificate of high school equivalency;
(11) satisfactory attendance at secondary school or in a course of study leading to a certificate of general equivalence, in the case of a recipient who has not completed secondary school or received such a certificate; and
(12) the provision of child care services to an individual who is participating in a community service program.
(e) Penalties against individuals
(1) In generalExcept as provided in paragraph (2), if an individual in a family receiving assistance under the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 609(a)(7)(B)(i) of this title) refuses to engage in work required in accordance with this section, the State shall—
(A) reduce the amount of assistance otherwise payable to the family pro rata (or more, at the option of the State) with respect to any period during a month in which the individual so refuses; or
(B) terminate such assistance,
subject to such good cause and other exceptions as the State may establish.
(2) ExceptionNotwithstanding paragraph (1), a State may not reduce or terminate assistance under the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 609(a)(7)(B)(i) of this title) based on a refusal of an individual to engage in work required in accordance with this section if the individual is a single custodial parent caring for a child who has not attained 6 years of age, and the individual proves that the individual has a demonstrated inability (as determined by the State) to obtain needed child care, for 1 or more of the following reasons:
(A) Unavailability of appropriate child care within a reasonable distance from the individual’s home or work site.
(B) Unavailability or unsuitability of informal child care by a relative or under other arrangements.
(C) Unavailability of appropriate and affordable formal child care arrangements.
(f) Nondisplacement in work activities
(1) In general
(2) No filling of certain vacanciesNo adult in a work activity described in subsection (d) which is funded, in whole or in part, by funds provided by the Federal Government shall be employed or assigned—
(A) when any other individual is on layoff from the same or any substantially equivalent job; or
(B) if the employer has terminated the employment of any regular employee or otherwise caused an involuntary reduction of its workforce in order to fill the vacancy so created with an adult described in paragraph (1).
(3) Grievance procedure
(4) No preemption
(g) Sense of Congress
(h) Sense of Congress that States should impose certain requirements on noncustodial, nonsupporting minor parents
(i) Verification of work and work-eligible individuals in order to implement reforms
(1) Secretarial direction and oversight
(A) Regulations for determining whether activities may be counted as “work activities”, how to count and verify reported hours of work, and determining who is a work-eligible individual
(i) In generalNot later than June 30, 2006, the Secretary shall promulgate regulations to ensure consistent measurement of work participation rates under State programs funded under this part and State programs funded with qualified State expenditures (as defined in section 609(a)(7)(B)(i) of this title), which shall include information with respect to—(I) determining whether an activity of a recipient of assistance may be treated as a work activity under subsection (d);(II) uniform methods for reporting hours of work by a recipient of assistance;(III) the type of documentation needed to verify reported hours of work by a recipient of assistance; and(IV) the circumstances under which a parent who resides with a child who is a recipient of assistance should be included in the work participation rates.
(ii) Issuance of regulations on an interim final basis
(B) Oversight of State procedures
(2) Requirement for States to establish and maintain work participation verification procedures
(Aug. 14, 1935, ch. 531, title IV, § 407, as added Pub. L. 104–193, title I, § 103(a)(1), Aug. 22, 1996, 110 Stat. 2129; amended Pub. L. 105–33, title V, §§ 5003(a), 5504, 5514(c), Aug. 5, 1997, 111 Stat. 594, 609, 620; Pub. L. 109–171, title VII, § 7102(a), (b)(1), (c)(1), Feb. 8, 2006, 120 Stat. 136; Pub. L. 111–5, div. B, title II, § 2101(b), (d)(2), Feb. 17, 2009, 123 Stat. 448, 449; Pub. L. 112–96, title IV, § 4005(b), Feb. 22, 2012, 126 Stat. 198; Pub. L. 118–5, div. C, title I, §§ 301, 303, June 3, 2023, 137 Stat. 34, 35.)
§ 608. Prohibitions; requirements
(a) In general
(1) No assistance for families without a minor child
(2) Reduction or elimination of assistance for noncooperation in establishing paternity or obtaining child supportIf the agency responsible for administering the State plan approved under part D determines that an individual is not cooperating with the State in establishing paternity or in establishing, modifying, or enforcing a support order with respect to a child of the individual, and the individual does not qualify for any good cause or other exception established by the State pursuant to section 654(29) of this title, then the State—
(A) shall deduct from the assistance that would otherwise be provided to the family of the individual under the State program funded under this part an amount equal to not less than 25 percent of the amount of such assistance; and
(B) may deny the family any assistance under the State program.
(3) No assistance for families not assigning certain support rights to the State
(4) No assistance for teenage parents who do not attend high school or other equivalent training programA 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 an individual who has not attained 18 years of age, is not married, has a minor child at least 12 weeks of age in his or her care, and has not successfully completed a high-school education (or its equivalent), if the individual does not participate in—
(A) educational activities directed toward the attainment of a high school diploma or its equivalent; or
(B) an alternative educational or training program that has been approved by the State.
(5) No assistance for teenage parents not living in adult-supervised settings
(A) In general
(i) Requirement
(ii) Individual describedFor purposes of clause (i), an individual described in this clause is an individual who—(I) has not attained 18 years of age; and(II) is not married, and has a minor child in his or her care.
(B) Exception
(i) Provision of, or assistance in locating, adult-supervised living arrangement
(ii) Individual describedFor purposes of clause (i), an individual is described in this clause if the individual is described in subparagraph (A)(ii), and—(I) the individual has no parent, legal guardian, or other appropriate adult relative described in subclause (II) of his or her own who is living or whose whereabouts are known;(II) no living parent, legal guardian, or other appropriate adult relative, who would otherwise meet applicable State criteria to act as the individual’s legal guardian, of such individual allows the individual to live in the home of such parent, guardian, or relative;(III) the State agency determines that—(aa) the individual or the minor child referred to in subparagraph (A)(ii)(II) is being or has been subjected to serious physical or emotional harm, sexual abuse, or exploitation in the residence of the individual’s own parent or legal guardian; or(bb) substantial evidence exists of an act or failure to act that presents an imminent or serious harm if the individual and the minor child lived in the same residence with the individual’s own parent or legal guardian; or(IV) the State agency otherwise determines that it is in the best interest of the minor child to waive the requirement of subparagraph (A) with respect to the individual or the minor child.
(iii) Second-chance home
(6) No medical services
(A) In general
(B) Exception for prepregnancy family planning services
(7) No assistance for more than 5 years
(A) In general
(B) Minor child exceptionIn determining the number of months for which an individual who is a parent or pregnant has received assistance under the State program funded under this part, the State shall disregard any month for which such assistance was provided with respect to the individual and during which the individual was—
(i) a minor child; and
(ii) not the head of a household or married to the head of a household.
(C) Hardship exception
(i) In general
(ii) Limitation
(iii) Battered or subject to extreme cruelty definedFor purposes of clause (i), an individual has been battered or subjected to extreme cruelty if the individual has been subjected to—(I) physical acts that resulted in, or threatened to result in, physical injury to the individual;(II) sexual abuse;(III) sexual activity involving a dependent child;(IV) being forced as the caretaker relative of a dependent child to engage in nonconsensual sexual acts or activities;(V) threats of, or attempts at, physical or sexual abuse;(VI) mental abuse; or(VII) neglect or deprivation of medical care.
(D) Disregard of months of assistance received by adult while living in Indian country or an Alaskan Native village with 50 percent unemployment
(i) In general
(ii) “Indian country” defined
(E) Rule of interpretation
(F) Rule of interpretation
(G) Inapplicability to welfare-to-work grants and assistance
(8) Denial of assistance for 10 years to a person found to have fraudulently misrepresented residence in order to obtain assistance in 2 or more States
(9) Denial of assistance for fugitive felons and probation and parole violators
(A) In generalA 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 any individual who is—
(i) fleeing to avoid prosecution, or custody or confinement after conviction, under the laws of the place from which the individual flees, for a crime, or an attempt to commit a crime, which is a felony under the laws of the place from which the individual flees, or which, in the case of the State of New Jersey, is a high misdemeanor under the laws of such State; or
(ii) violating a condition of probation or parole imposed under Federal or State law.
The preceding sentence shall not apply with respect to conduct of an individual, for any month beginning after the President of the United States grants a pardon with respect to the conduct.
(B) Exchange of information with law enforcement agenciesIf a State to which a grant is made under section 603 of this title establishes safeguards against the use or disclosure of information about applicants or recipients of assistance under the State program funded under this part, the safeguards shall not prevent the State agency administering the program from furnishing a Federal, State, or local law enforcement officer, upon the request of the officer, with the current address of any recipient if the officer furnishes the agency with the name of the recipient and notifies the agency that—
(i) the recipient—(I) is described in subparagraph (A); or(II) has information that is necessary for the officer to conduct the official duties of the officer; and
(ii) the location or apprehension of the recipient is within such official duties.
(10) Denial of assistance for minor children who are absent from the home for a significant period
(A) In general
(B) State authority to establish good cause exceptions
(C) Denial of assistance for relative who fails to notify State agency of absence of child
(11) Medical assistance required to be provided for certain families having earnings from employment or child support
(A) Earnings from employment
(B) Child support
(12) State requirement to prevent unauthorized spending of benefits
(A) In generalA State to which a grant is made under section 603 of this title shall maintain policies and practices as necessary to prevent assistance provided under the State program funded under this part from being used in any electronic benefit transfer transaction in—
(i) any liquor store;
(ii) any casino, gambling casino, or gaming establishment; or
(iii) any retail establishment which provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment.
(B) DefinitionsFor purposes of subparagraph (A)—
(i) Liquor store
(ii) Casino, gambling casino, or gaming establishmentThe terms “casino”, “gambling casino”, and “gaming establishment” do not include—(I) a grocery store which sells groceries including such staple foods and which also offers, or is located within the same building or complex as, casino, gambling, or gaming activities; or(II) any other establishment that offers casino, gambling, or gaming activities incidental to the principal purpose of the business.
(iii) Electronic benefit transfer transaction
(b) Individual responsibility plans
(1) AssessmentThe State agency responsible for administering the State program funded under this part shall make an initial assessment of the skills, prior work experience, and employability of each recipient of assistance under the program who—
(A) has attained 18 years of age; or
(B) has not completed high school or obtained a certificate of high school equivalency, and is not attending secondary school.
(2) Contents of plans
(A) In generalOn the basis of the assessment made under subsection (a) with respect to an individual, the State agency, in consultation with the individual, may develop an individual responsibility plan for the individual, which—
(i) sets forth an employment goal for the individual and a plan for moving the individual immediately into private sector employment;
(ii) sets forth the obligations of the individual, which may include a requirement that the individual attend school, maintain certain grades and attendance, keep school age children of the individual in school, immunize children, attend parenting and money management classes, or do other things that will help the individual become and remain employed in the private sector;
(iii) to the greatest extent possible is designed to move the individual into whatever private sector employment the individual is capable of handling as quickly as possible, and to increase the responsibility and amount of work the individual is to handle over time;
(iv) describes the services the State will provide the individual so that the individual will be able to obtain and keep employment in the private sector, and describe the job counseling and other services that will be provided by the State; and
(v) may require the individual to undergo appropriate substance abuse treatment.
(B) TimingThe State agency may comply with paragraph (1) with respect to an individual—
(i) within 90 days (or, at the option of the State, 180 days) after the effective date of this part, in the case of an individual who, as of such effective date, is a recipient of aid under the State plan approved under part A (as in effect immediately before such effective date); or
(ii) within 30 days (or, at the option of the State, 90 days) after the individual is determined to be eligible for such assistance, in the case of any other individual.
(3) Penalty for noncompliance by individual
(4) State discretion
(c) Sanctions against recipients not considered wage reductions
(d) Nondiscrimination provisionsThe following provisions of law shall apply to any program or activity which receives funds provided under this part:
(1) The Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.).
(2)Section 794 of title 29.
(3) The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
(4) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).
(e) Special rules relating to treatment of certain aliens
(f) Special rules relating to treatment of non-213A aliensThe following rules shall apply if a State elects to take the income or resources of any sponsor of a non-213A alien into account in determining whether the alien is eligible for assistance under the State program funded under this part, or in determining the amount or types of such assistance to be provided to the alien:
(1) Deeming of sponsor’s income and resourcesFor a period of 3 years after a non-213A alien enters the United States:
(A) Income deeming ruleThe income of any sponsor of the alien and of any spouse of the sponsor is deemed to be income of the alien, to the extent that the total amount of the income exceeds the sum of—
(i) the lesser of—(I) 20 percent of the total of any amounts received by the sponsor or any such spouse in the month as wages or salary or as net earnings from self-employment, plus the full amount of any costs incurred by the sponsor and any such spouse in producing self-employment income in such month; or(II) $175;
(ii) the cash needs standard established by the State for purposes of determining eligibility for assistance under the State program funded under this part for a family of the same size and composition as the sponsor and any other individuals living in the same household as the sponsor who are claimed by the sponsor as dependents for purposes of determining the sponsor’s Federal personal income tax liability but whose needs are not taken into account in determining whether the sponsor’s family has met the cash needs standard;
(iii) any amounts paid by the sponsor or any such spouse to individuals not living in the household who are claimed by the sponsor as dependents for purposes of determining the sponsor’s Federal personal income tax liability; and
(iv) any payments of alimony or child support with respect to individuals not living in the household.
(B) Resource deeming rule
(C) Sponsors of multiple non-213A aliens
(2) Ineligibility of non-213A aliens sponsored by agencies; exception
(3) Information provisions
(A) Duties of non-213A aliensA non-213A alien, as a condition of eligibility for assistance under a State program funded under this part during the period of 3 years after the alien enters the United States, shall be required to provide to the State agency administering the program—
(i) such information and documentation with respect to the alien’s sponsor as may be necessary in order for the State agency to make any determination required under this subsection, and to obtain any cooperation from the sponsor necessary for any such determination; and
(ii) such information and documentation as the State agency may request and which the alien or the alien’s sponsor provided in support of the alien’s immigration application.
(B) Duties of Federal agencies
(4) “Non-213A alien” defined
(5) Inapplicability to alien minor sponsored by a parent
(6) Inapplicability to certain categories of aliensThis subsection shall not apply to an alien who is—
(A) admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act [8 U.S.C. 1157];
(B) paroled into the United States under section 212(d)(5) of such Act [8 U.S.C. 1182(d)(5)] for a period of at least 1 year; or
(C) granted political asylum by the Attorney General under section 208 of such Act [8 U.S.C. 1158].
(g) State required to provide certain information
(Aug. 14, 1935, ch. 531, title IV, § 408, as added Pub. L. 104–193, title I, § 103(a)(1), Aug. 22, 1996, 110 Stat. 2134; amended Pub. L. 105–33, title V, §§ 5001(d), (h)(1), 5505, 5514(c), 5532(b)(2), 5581(a), Aug. 5, 1997, 111 Stat. 591, 593, 610, 620, 626, 642; Pub. L. 109–171, title VII, § 7301(a), Feb. 8, 2006, 120 Stat. 141; Pub. L. 110–234, title IV, § 4002(b)(1)(B), (2)(V), May 22, 2008, 122 Stat. 1096, 1097; Pub. L. 110–246, § 4(a), title IV, § 4002(b)(1)(B), (2)(V), June 18, 2008, 122 Stat. 1664, 1857, 1858; Pub. L. 112–96, title IV, § 4004(a), Feb. 22, 2012, 126 Stat. 197.)
§ 608a. Fraud under means-tested welfare and public assistance programs
(a) In general
(b) Welfare or public assistance programs for which Federal funds are appropriated
(Pub. L. 104–193, title IX, § 911, Aug. 22, 1996, 110 Stat. 2353.)
§ 609. Penalties
(a) In generalSubject to this section:
(1) Use of grant in violation of this part
(A) General penalty
(B) Enhanced penalty for intentional violations
(C) Penalty for misuse of competitive welfare-to-work funds
(2) Failure to submit required report
(A) Quarterly reports
(i) In general
(ii) Rescission of penalty
(B) Report on engagement in additional work activities and expenditures for other benefits and services
(i) In general
(ii) Rescission of penaltyThe Secretary shall rescind a penalty imposed on a State under clause (i) with respect to a report required by section 611(c)(1)(A) of this title if the State submits the report not later than—(I) in the case of the report required under section 611(c)(1)(A)(i) of this title, June 15, 2011; and(II) in the case of the report required under section 611(c)(1)(A)(ii) of this title, September 15, 2011.
(iii) Penalty based on severity of failure
(3) Failure to satisfy minimum participation rates
(A) In general
(B) “Applicable percentage” definedAs used in subparagraph (A), the term “applicable percentage” means, with respect to a State—
(i) if a penalty was not imposed on the State under subparagraph (A) for the immediately preceding fiscal year, 5 percent; or
(ii) if a penalty was imposed on the State under subparagraph (A) for the immediately preceding fiscal year, the lesser of—(I) the percentage by which the grant payable to the State under section 603(a)(1) of this title was reduced for such preceding fiscal year, increased by 2 percentage points; or(II) 21 percent.
(C) Penalty based on severity of failure
(4) Failure to participate in the income and eligibility verification system
(5) Failure to comply with paternity establishment and child support enforcement requirements under part D
(6) Failure to timely repay a Federal Loan Fund for State Welfare Programs
(7) Failure of any State to maintain certain level of historic effort
(A) In general
(B) DefinitionsAs used in this paragraph:
(i) Qualified State expenditures(I) In generalThe term “qualified State expenditures” means, with respect to a State and a fiscal year, the total expenditures by the State during the fiscal year, under all State programs, for any of the following with respect to eligible families:(aa) Cash assistance, including any amount collected by the State as support pursuant to a plan approved under part D, on behalf of a family receiving assistance under the State program funded under this part, that is distributed to the family under section 657(a)(1)(B) of this title and disregarded in determining the eligibility of the family for, and the amount of, such assistance.(bb) Child care assistance.(cc) Educational activities designed to increase self-sufficiency, job training, and work, excluding any expenditure for public education in the State except expenditures which involve the provision of services or assistance to a member of an eligible family which is not generally available to persons who are not members of an eligible family.(dd) Administrative costs in connection with the matters described in items (aa), (bb), (cc), and (ee), but only to the extent that such costs do not exceed 15 percent of the total amount of qualified State expenditures for the fiscal year.(ee) Any other use of funds allowable under section 604(a)(1) of this title.(II) Exclusion of transfers from other State and local programsSuch term does not include expenditures under any State or local program during a fiscal year, except to the extent that—(aa) the expenditures exceed the amount expended under the State or local program in the fiscal year most recently ending before August 22, 1996; or(bb) the State is entitled to a payment under former section 603 of this title (as in effect immediately before August 22, 1996) with respect to the expenditures.(III) Exclusion of amounts expended to replace penalty grant reductions(IV) Eligible families(V) Counting of spending on certain pro-family activities
(ii) Applicable percentage
(iii) Historic State expendituresThe term “historic State expenditures” means, with respect to a State, the lesser of—(I) the expenditures by the State under parts A and F (as in effect during fiscal year 1994) for fiscal year 1994; or(II) the amount which bears the same ratio to the amount described in subclause (I) as—(aa) the State family assistance grant, plus the total amount required to be paid to the State under former section 603 of this title for fiscal year 1994 with respect to amounts expended by the State for child care under subsection (g) or (i) of section 602 of this title (as in effect during fiscal year 1994); bears to(bb) the total amount required to be paid to the State under former section 603 of this title (as in effect during fiscal year 1994) for fiscal year 1994.
Such term does not include any expenditures under the State plan approved under part A (as so in effect) on behalf of individuals covered by a tribal family assistance plan approved under section 612 of this title, as determined by the Secretary.
(iv) Expenditures by the StateThe term “expenditures by the State” does not include—(I) any expenditure from amounts made available by the Federal Government;(II) any State funds expended for the medicaid program under subchapter XIX;(III) any State funds which are used to match Federal funds provided under section 603(a)(5) of this title; or(IV) any State funds which are expended as a condition of receiving Federal funds other than under this part.
Notwithstanding subclause (IV) of the preceding sentence, such term includes expenditures by a State for child care in a fiscal year to the extent that the total amount of the expenditures does not exceed the amount of State expenditures in fiscal year 1994 or 1995 (whichever is the greater) that equal the non-Federal share for the programs described in section 618(a)(1)(A) of this title.
(v) Source of data
(8) Noncompliance of State child support enforcement program with requirements of part D
(A) In generalIf the Secretary finds, with respect to a State’s program under part D, in a fiscal year beginning on or after October 1, 1997—
(i)(I) on the basis of data submitted by a State pursuant to section 654(15)(B) of this title, or on the basis of the results of a review conducted under section 652(a)(4) of this title, that the State program failed to achieve the paternity establishment percentages (as defined in section 652(g)(2) of this title), or to meet other performance measures that may be established by the Secretary;(II) on the basis of the results of an audit or audits conducted under section 652(a)(4)(C)(i) of this title that the State data submitted pursuant to section 654(15)(B) of this title is incomplete or unreliable; or(III) on the basis of the results of an audit or audits conducted under section 652(a)(4)(C) of this title that a State failed to substantially comply with 1 or more of the requirements of part D (other than paragraph (24), or subparagraph (A) or (B)(i) of paragraph (27), of section 654 of this title); and
(ii) that, with respect to the succeeding fiscal year—(I) the State failed to take sufficient corrective action to achieve the appropriate performance levels or compliance as described in subparagraph (A)(i); or(II) the data submitted by the State pursuant to section 654(15)(B) of this title is incomplete or unreliable;
the amounts otherwise payable to the State under this part for quarters following the end of such succeeding fiscal year, prior to quarters following the end of the first quarter throughout which the State program has achieved the paternity establishment percentages or other performance measures as described in subparagraph (A)(i)(I), or is in substantial compliance with 1 or more of the requirements of part D as described in subparagraph (A)(i)(III), as appropriate, shall be reduced by the percentage specified in subparagraph (B).
(B) Amount of reductionsThe reductions required under subparagraph (A) shall be—
(i) not less than 1 nor more than 2 percent;
(ii) not less than 2 nor more than 3 percent, if the finding is the 2nd consecutive finding made pursuant to subparagraph (A); or
(iii) not less than 3 nor more than 5 percent, if the finding is the 3rd or a subsequent consecutive such finding.
(C) Disregard of noncompliance which is of a technical natureFor purposes of this section and section 652(a)(4) of this title, a State determined as a result of an audit—
(i) to have failed to have substantially complied with 1 or more of the requirements of part D shall be determined to have achieved substantial compliance only if the Secretary determines that the extent of the noncompliance is of a technical nature which does not adversely affect the performance of the State’s program under part D; or
(ii) to have submitted incomplete or unreliable data pursuant to section 654(15)(B) of this title shall be determined to have submitted adequate data only if the Secretary determines that the extent of the incompleteness or unreliability of the data is of a technical nature which does not adversely affect the determination of the level of the State’s paternity establishment percentages (as defined under section 652(g)(2) of this title) or other performance measures that may be established by the Secretary.
(9) Failure to comply with 5-year limit on assistance
(10) Failure of State receiving amounts from Contingency Fund to maintain 100 percent of historic effort
(11) Failure to maintain assistance to adult single custodial parent who cannot obtain child care for child under age 6
(A) In general
(B) Penalty based on severity of failure
(12) Requirement to expend additional State funds to replace grant reductions; penalty for failure to do soIf the grant payable to a State under section 603(a)(1) of this title for a fiscal year is reduced by reason of this subsection, the State shall, during the immediately succeeding fiscal year, expend under the State program funded under this part an amount equal to the total amount of such reductions. If the State fails during such succeeding fiscal year to make the expenditure required by the preceding sentence from its own funds, the Secretary may reduce the grant payable to the State under section 603(a)(1) of this title for the fiscal year that follows such succeeding fiscal year by an amount equal to the sum of—
(A) not more than 2 percent of the State family assistance grant; and
(B) the amount of the expenditure required by the preceding sentence.
(13) Penalty for failure of State to maintain historic effort during year in which welfare-to-work grant is received
(14) Penalty for failure to reduce assistance for recipients refusing without good cause to work
(A) In general
(B) Penalty based on severity of failure
(15) Penalty for failure to establish or comply with work participation verification procedures
(A) In general
(B) Penalty based on severity of failure
(16) Penalty for failure to enforce spending policies
(A) In generalIf, within 2 years after February 22, 2012, any State has not reported to the Secretary on such State’s implementation of the policies and practices required by section 608(a)(12) of this title, or the Secretary determines, based on the information provided in State reports, that any State has not implemented and maintained such policies and practices, the Secretary shall reduce, by an amount equal to 5 percent of the State family assistance grant, the grant payable to such State under section 603(a)(1) of this title for—
(i) the fiscal year immediately succeeding the year in which such 2-year period ends; and
(ii) each succeeding fiscal year in which the State does not demonstrate that such State has implemented and maintained such policies and practices.
(B) Reduction of applicable penalty
(C) State not responsible for individual violations
(b) Reasonable cause exception
(1) In general
(2) Exception
(c) Corrective compliance plan
(1) In general
(A) Notification of violation
(B) 60-day period to propose a corrective compliance plan
(C) Consultation about modifications
(D) Acceptance of plan
(2) Effect of correcting or discontinuing violation
(3) Effect of failing to correct or discontinue violation
(4) Inapplicability to certain penalties
(d) Limitation on amount of penalties
(1) In general
(2) Carryforward of unrecovered penalties
(Aug. 14, 1935, ch. 531, title IV, § 409, as added Pub. L. 104–193, title I, § 103(a)(1), Aug. 22, 1996, 110 Stat. 2142; amended Pub. L. 105–33, title V, §§ 5001(a)(2), (g), 5004(a), 5506, 5514(c), Aug. 5, 1997, 111 Stat. 589, 592, 594, 613, 620; Pub. L. 105–200, title I, § 101(b), July 16, 1998, 112 Stat. 647; Pub. L. 106–113, div. B, § 1000(a)(4) [title VIII, § 807(b)], Nov. 29, 1999, 113 Stat. 1535, 1501A–287; Pub. L. 106–169, title IV, § 401(b), Dec. 14, 1999,
§ 610. Appeal of adverse decision
(a) In general
(b) Administrative review
(1) In general
(2) Procedural rules
(c) Judicial review of adverse decision
(1) In general
Within 90 days after the date of a final decision by the Board under this section with respect to an adverse action taken against a State, the State may obtain judicial review of the final decision (and the findings incorporated into the final decision) by filing an action in—
(A) the district court of the United States for the judicial district in which the principal or headquarters office of the State agency is located; or
(B) the United States District Court for the District of Columbia.
(2) Procedural rules
(Aug. 14, 1935, ch. 531, title IV, § 410, as added Pub. L. 104–193, title I, § 103(a)(1), Aug. 22, 1996, 110 Stat. 2148; amended Pub. L. 105–33, title V, § 5514(c), Aug. 5, 1997, 111 Stat. 620.)
§ 611. Data collection and reporting
(a) Quarterly reports by States
(1) General reporting requirement
(A) Contents of reportEach eligible State shall collect on a monthly basis, and report to the Secretary on a quarterly basis, the following disaggregated case record information on the families receiving assistance under the State program funded under this part (except for information relating to activities carried out under section 603(a)(5) of this title) or any other State program funded with qualified State expenditures (as defined in section 609(a)(7)(B)(i) of this title):
(i) The county of residence of the family.
(ii) Whether a child receiving such assistance or an adult in the family is receiving—(I) Federal disability insurance benefits;(II) benefits based on Federal disability status;(III) aid under a State plan approved under subchapter XIV (as in effect without regard to the amendment made by section 301 of the Social Security Amendments of 1972);(IV) aid or assistance under a State plan approved under subchapter XVI (as in effect without regard to such amendment) by reason of being permanently and totally disabled; or(V) supplemental security income benefits under subchapter XVI (as in effect pursuant to such amendment) by reason of disability.
(iii) The ages of the members of such families.
(iv) The number of individuals in the family, and the relation of each family member to the head of the family.
(v) The employment status and earnings of the employed adult in the family.
(vi) The marital status of the adults in the family, including whether such adults have never married, are widowed, or are divorced.
(vii) The race and educational level of each adult in the family.
(viii) The race and educational level of each child in the family.
(ix) Whether the family received subsidized housing, medical assistance under the State plan approved under subchapter XIX, supplemental nutrition assistance program benefits, or subsidized child care, and if the latter 2, the amount received.
(x) The number of months that the family has received each type of assistance under the program.
(xi) If the adults participated in, and the number of hours per week of participation in, the following activities:(I) Education.(II) Subsidized private sector employment.(III) Unsubsidized employment.(IV) Public sector employment, work experience, or community service.(V) Job search.(VI) Job skills training or on-the-job training.(VII) Vocational education.
(xii) Information necessary to calculate participation rates under section 607 of this title.
(xiii) The type and amount of assistance received under the program, including the amount of and reason for any reduction of assistance (including sanctions).
(xiv) Any amount of unearned income received by any member of the family.
(xv) The citizenship of the members of the family.
(xvi) From a sample of closed cases, whether the family left the program, and if so, whether the family left due to—(I) employment;(II) marriage;(III) the prohibition set forth in section 608(a)(7) of this title;(IV) sanction; or(V) State policy.
(xvii) With respect to each individual in the family who has not attained 20 years of age, whether the individual is a parent of a child in the family.
(B) Use of samples
(i) Authority
(ii) Sampling and other methods
(2) Report on use of Federal funds to cover administrative costs and overhead
(3) Report on State expenditures on programs for needy families
(4) Report on noncustodial parents participating in work activities
(5) Report on transitional services
(6) Report on families receiving assistanceThe report required by paragraph (1) for a fiscal quarter shall include for each month in the quarter—
(A) the number of families and individuals receiving assistance under the State program funded under this part (including the number of 2-parent and 1-parent families);
(B) the total dollar value of such assistance received by all families; and
(C) with respect to families and individuals participating in a program operated with funds provided under section 603(a)(5) of this title—
(i) the total number of such families and individuals; and
(ii) the number of such families and individuals whose participation in such a program was terminated during a month.
(7) Regulations
(b) Annual reports to Congress by SecretaryNot later than 6 months after the end of fiscal year 1997, and each fiscal year thereafter, the Secretary shall transmit to the Congress a report describing—
(1) whether the States are meeting—
(A) the participation rates described in section 607(a) of this title; and
(B) the objectives of—
(i) increasing employment and earnings of needy families, and child support collections; and
(ii) decreasing out-of-wedlock pregnancies and child poverty;
(2) the demographic and financial characteristics of families applying for assistance, families receiving assistance, and families that become ineligible to receive assistance;
(3) the characteristics of each State program funded under this part; and
(4) the trends in employment and earnings of needy families with minor children living at home.
(c) Pre-reauthorization State-by-State reports on engagement in additional work activities and expenditures for other benefits and services
(1) State reporting requirements
(A) Reporting periods and deadlinesEach eligible State shall submit to the Secretary the following reports:
(i) March 2011 report
(ii) April-June, 2011 reportNot later than August 31, 2011, a report for the period that begins on April 1, 2011, and ends on June 30, 2011, that contains with respect to the 3 months that occur during that period—(I) the average monthly numbers for the information specified in subparagraph (B); and(II) the information specified in subparagraph (C).
(B) Engagement in additional work activities
(i) With respect to each work-eligible individual in a family receiving assistance during a reporting period specified in subparagraph (A), whether the individual engages in any activities directed toward attaining self-sufficiency during a month occurring in a reporting period, and if so, the specific activities—(I) that do not qualify as a work activity under section 607(d) of this title but that are otherwise reasonably calculated to help the family move toward self-sufficiency; or(II) that are of a type that would be counted toward the State participation rates under section 607 of this title but for the fact that—(aa) the work-eligible individual did not engage in sufficient hours of the activity;(bb) the work-eligible individual has reached the maximum time limit allowed for having participation in the activity counted toward the State’s work participation rate; or(cc) the number of work-eligible individuals engaged in such activity exceeds a limitation under such section.
(ii) Any other information that the Secretary determines appropriate with respect to the information required under clause (i), including if the individual has no hours of participation, the principal reason or reasons for such non-participation.
(C) Expenditures on other benefits and services
(i) Detailed, disaggregated information regarding the types of, and amounts of, expenditures made by the State during a reporting period specified in subparagraph (A) using—(I) Federal funds provided under section 603 of this title that are (or will be) reported by the State on Form ACF–196 (or any successor form) under the category of other expenditures or the category of benefits or services provided in accordance with the authority provided under section 604(a)(2) of this title; or(II) State funds expended to meet the requirements of section 609(a)(7) of this title and reported by the State in the category of other expenditures on Form ACF–196 (or any successor form).
(ii) Any other information that the Secretary determines appropriate with respect to the information required under clause (i).
(2) Publication of summary and analysis of engagement in additional activitiesConcurrent with the submission of each report required under paragraph (1)(A), an eligible State shall publish on an Internet website maintained by the State agency responsible for administering the State program funded under this part (or such State-maintained website as the Secretary may approve)—
(A) a summary of the information submitted in the report:
(B) an analysis statement regarding the extent to which the information changes measures of total engagement in work activities from what was (or will be) reported by the State in the quarterly report submitted under subsection (a) for the comparable period; and
(C) a narrative describing the most common activities contained in the report that are not countable toward the State participation rates under section 607 of this title.
(3) Application of authority to use sampling
(4) Secretarial reports to Congress
(A) March 2011 report
(B) April-June, 2011 report
(5) Authority for expeditious implementation
(d) Data exchange standardization for improved interoperability
(1) Data exchange standards
(A) Designation
(B) Data exchange standards must be nonproprietary and interoperable
(C) Other requirementsIn designating data exchange standards under this section, the Secretary shall, to the extent practicable, incorporate—
(i) interoperable standards developed and maintained by an international voluntary consensus standards body, as defined by the Office of Management and Budget, such as the International Organization for Standardization;
(ii) interoperable standards developed and maintained by intergovernmental partnerships, such as the National Information Exchange Model; and
(iii) interoperable standards developed and maintained by Federal entities with authority over contracting and financial assistance, such as the Federal Acquisition Regulatory Council.
(2) Data exchange standards for reporting
(A) Designation
(B) RequirementsThe data exchange standards required by subparagraph (A) shall, to the extent practicable—
(i) incorporate a widely-accepted, nonproprietary, searchable, computer-readable format;
(ii) be consistent with and implement applicable accounting principles; and
(iii) be capable of being continually upgraded as necessary.
(C) Incorporation of nonproprietary standards
(Aug. 14, 1935, ch. 531, title IV, § 411, as added Pub. L. 104–193, title I, § 103(a)(1), Aug. 22, 1996, 110 Stat. 2148; amended Pub. L. 105–33, title V, §§ 5001(e), 5507, 5514(c), Aug. 5, 1997, 111 Stat. 591, 616, 620; Pub. L. 106–113, div. B, § 1000(a)(4) [title VIII, § 804(a)], Nov. 29, 1999, 113 Stat. 1535, 1501A–284; Pub. L. 109–171, title VII, § 7102(b)(2), Feb. 8, 2006, 120 Stat. 136; Pub. L. 110–234, title IV, § 4002(b)(1)(E), (2)(V), May 22, 2008, 122 Stat. 1096, 1097; Pub. L. 110–246, § 4(a), title IV, § 4002(b)(1)(E), (2)(V), June 18, 2008, 122 Stat. 1664, 1857, 1858; Pub. L. 111–291, title VIII, § 812(a), Dec. 8, 2010, 124 Stat. 3160; Pub. L. 112–96, title IV, §§ 4003(a), 4005(e), Feb. 22, 2012, 126 Stat. 195, 198; Pub. L. 118–5, div. C, title I, §§ 302, 304, June 3, 2023, 137 Stat. 34, 35.)
§ 611a. State required to provide certain information
Each State to which a grant is made under section 603 of this title shall, at least 4 times annually and upon request of the Immigration and Naturalization Service, furnish the Immigration and Naturalization Service with the name and address of, and other identifying information on, any individual who the State knows is unlawfully in the United States.
(Aug. 14, 1935, ch. 531, title IV, § 411A, as added Pub. L. 104–193, title IV, § 404(b), Aug. 22, 1996, 110 Stat. 2267.)
§ 612. Direct funding and administration by Indian tribes
(a) Grants for Indian tribes
(1) Tribal family assistance grant
(A) In general
(B) Amount determined
(i) In general
(ii) Use of State submitted data(I) In general(II) Disagreement with determination
(2) Grants for Indian tribes that received jobs funds
(A) In general
(B) Eligible Indian tribe
(C) Use of grant
(D) Appropriation
(3) Welfare-to-work grants
(A) In general
(B) Welfare-to-work tribe
An Indian tribe shall be considered a welfare-to-work tribe for a fiscal year for purposes of this paragraph if the Indian tribe meets the following requirements:
(i) The Indian tribe has submitted to the Secretary of Labor a plan which describes how, consistent with section 603(a)(5) of this title, the Indian tribe will use any funds provided under this paragraph during the fiscal year. If the Indian tribe has a tribal family assistance plan, the plan referred to in the preceding sentence shall be in the form of an addendum to the tribal family assistance plan.
(ii) The Indian tribe is operating a program under a tribal family assistance plan approved by the Secretary of Health and Human Services, a program described in paragraph (2)(C), or an employment program funded through other sources under which substantial services are provided to recipients of assistance under a program funded under this part.
(iii) The Indian tribe has provided the Secretary of Labor with an estimate of the amount that the Indian tribe intends to expend during the fiscal year (excluding tribal expenditures described in section 609(a)(7)(B)(iv) (other than subclause (III) thereof) of this title) pursuant to this paragraph.
(iv) The Indian tribe has agreed to negotiate in good faith with the Secretary of Health and Human Services with respect to the substance and funding of any evaluation under section 613(j) of this title, and to cooperate with the conduct of any such evaluation.
(C) Limitations on use of funds
(i) In general
(ii) Waiver authority
(iii) Regulations
(b) 3-year tribal family assistance plan
(1) In general
Any Indian tribe that desires to receive a tribal family assistance grant shall submit to the Secretary a 3-year tribal family assistance plan that—
(A) outlines the Indian tribe’s approach to providing welfare-related services for the 3-year period, consistent with this section;
(B) specifies whether the welfare-related services provided under the plan will be provided by the Indian tribe or through agreements, contracts, or compacts with intertribal consortia, States, or other entities;
(C) identifies the population and service area or areas to be served by such plan;
(D) provides that a family receiving assistance under the plan may not receive duplicative assistance from other State or tribal programs funded under this part;
(E) identifies the employment opportunities in or near the service area or areas of the Indian tribe and the manner in which the Indian tribe will cooperate and participate in enhancing such opportunities for recipients of assistance under the plan consistent with any applicable State standards; and
(F) applies the fiscal accountability provisions of section 5(f)(1) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450c(f)(1)),1
1 See References in Text note below.
relating to the submission of a single-agency audit report required by chapter 75 of title 31.(2) Approval
(3) Consortium of tribes
(c) Minimum work participation requirements and time limits
The Secretary, with the participation of Indian tribes, shall establish for each Indian tribe receiving a grant under this section minimum work participation requirements, appropriate time limits for receipt of welfare-related services under the grant, and penalties against individuals—
(1) consistent with the purposes of this section;
(2) consistent with the economic conditions and resources available to each tribe; and
(3) similar to comparable provisions in section 607(e) of this title.
(d) Emergency assistance
(e) Accountability
Nothing in this section shall be construed to limit the ability of the Secretary to maintain program funding accountability consistent with—
(1) generally accepted accounting principles; and
(2) the requirements of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).1
(f) Eligibility for Federal loans
(g) Penalties
(1) Subsections (a)(1), (a)(6), (b), and (c) of section 609 of this title, shall apply to an Indian tribe with an approved tribal assistance plan in the same manner as such subsections apply to a State.
(2)Section 609(a)(3) of this title shall apply to an Indian tribe with an approved tribal assistance plan by substituting “meet minimum work participation requirements established under section 612(c) of this title” for “comply with section 607(a) of this title”.
(h) Data collection and reporting
(i) Special rule for Indian tribes in Alaska
(1) In general
(2) Waiver
(Aug. 14, 1935, ch. 531, title IV, § 412, as added Pub. L. 104–193, title I, § 103(a)(1), Aug. 22, 1996, 110 Stat. 2150; amended Pub. L. 105–33, title V, §§ 5001(c), 5508, 5514(c), Aug. 5, 1997, 111 Stat. 589, 617, 620; Pub. L. 106–113, div. B, § 1000(a)(4) [title VIII, § 801(b)(2)], Nov. 29, 1999, 113 Stat. 1535, 1501A–283; Pub. L. 106–554, § 1(a)(1) [title I, § 107(b)(5)], Dec. 21, 2000, 114 Stat. 2763, 2763A–12; Pub. L. 108–40, § 3(h), June 30, 2003, 117 Stat. 837; Pub. L. 112–96, title IV, § 4002(d), Feb. 22, 2012, 126 Stat. 195; Pub. L. 115–31, div. M, title I, § 102(a)(3), May 5, 2017, 131 Stat. 800.)
§ 613. Evaluation of temporary assistance for needy families and related programs
(a) Evaluation of the impacts of TANF
(b) Evaluation of grants to improve child well-being by promoting healthy marriage and responsible fatherhood
(c) Dissemination of information
(d) State-initiated evaluationsA State shall be eligible to receive funding to evaluate the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 609(a)(7)(B)(i) of this title) if—
(1) the State submits to the Secretary a description of the proposed evaluation;
(2) the Secretary determines that the design and approach of the proposed evaluation is rigorous and is likely to yield information that is credible and will be useful to other States; and
(3) unless waived by the Secretary, the State contributes to the cost of the evaluation, from non-Federal sources, an amount equal to at least 25 percent of the cost of the proposed evaluation.
(e) Census Bureau research
(1) The Bureau of the Census shall implement or enhance household surveys of program participation, in consultation with the Secretary and the Bureau of Labor Statistics and made available to interested parties, to allow for the assessment of the outcomes of continued welfare reform on the economic and child well-being of low-income families with children, including those who received assistance or services from a State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 609(a)(7)(B)(i) of this title). The span of the surveys should include such information as may be necessary to examine the issues of unmarried childbearing, marriage, welfare dependency and compliance with work requirements, the beginning and ending of spells of assistance, work, earnings and employment stability, and the well-being of children.
(2) To carry out the activities specified in paragraph (1), the Bureau of the Census, the Secretary, and the Bureau of Labor Statistics shall consider ways to improve the surveys and data derived from the surveys to—
(A) address under reporting of the receipt of means-tested benefits and tax benefits for low-income individuals and families;
(B) increase understanding of poverty spells and long-term poverty, including by facilitating the matching of information to better understand intergenerational poverty;
(C) generate a better geographical understanding of poverty such as through State-based estimates and measures of neighborhood poverty;
(D) increase understanding of the effects of means-tested benefits and tax benefits on the earnings and incomes of low-income families; and
(E) improve how poverty and economic well-being are measured, including through the use of consumption measures, material deprivation measures, social exclusion measures, and economic and social mobility measures.
(f) Research and evaluation conducted under this section
(g) Development of What Works Clearinghouse of Proven and Promising Approaches 1
1 So in original. The word “Projects” is used in text.
to Move Welfare Recipients into Work(1) In general
(2) Criteria for evidence of effectiveness of approachThe Secretary, in consultation with the Secretary of Labor and organizations with experience in evaluating research on the effectiveness of various approaches in delivering services to move welfare recipients into work, shall—
(A) establish criteria for evidence of effectiveness; and
(B) ensure that the process for establishing the criteria—
(i) is transparent;
(ii) is consistent across agencies;
(iii) provides opportunity for public comment; and
(iv) takes into account efforts of Federal agencies to identify and publicize effective interventions, including efforts at the Department of Health and Human Services, the Department of Education, and the Department of Justice.
(h) Appropriation
(1) In general
(2) Allocation
(3) Baseline
(Aug. 14, 1935, ch. 531, title IV, § 413, as added Pub. L. 104–193, title I, § 103(a)(1), Aug. 22, 1996, 110 Stat. 2153; amended Pub. L. 105–33, title V, §§ 5001(f), 5509, 5514(c), Aug. 5, 1997, 111 Stat. 592, 618, 620; Pub. L. 105–200, title IV, § 410(a), July 16, 1998, 112 Stat. 673; Pub. L. 106–169, title IV, § 401(c), Dec. 14, 1999, 113 Stat. 1858; Pub. L. 110–234, title IV, § 4002(b)(1)(D), (2)(V), May 22, 2008, 122 Stat. 1096, 1097; Pub. L. 110–246, § 4(a), title IV, § 4002(b)(1)(D), (2)(V), June 18, 2008, 122 Stat. 1664, 1857, 1858; Pub. L. 112–96, title IV, § 4002(e), Feb. 22, 2012, 126 Stat. 195; Pub. L. 113–235, div. G, title II, § 228(e), Dec. 16, 2014, 128 Stat. 2492; Pub. L. 115–31, div. M, title I, § 102(c)(1), May 5, 2017, 131 Stat. 801.)
§ 614. Repealed. Pub. L. 113–235, div. G, title II, § 228(f), Dec. 16, 2014, 128 Stat. 2492
§ 615. Waivers
(a) Continuation of waivers
(1) Waivers in effect on August 22, 1996
(A) In general
(B) Financing limitation
(2) Waivers granted subsequently
(A) In general
(B) No effect on new work requirements
(b) State option to terminate waiver
(1) In general
(2) Report
(3) Hold harmless provision
(A) In general
(B) Date described
(c) Secretarial encouragement of current waivers
(d) Continuation of individual waivers
(Aug. 14, 1935, ch. 531, title IV, § 415, as added Pub. L. 104–193, title I, § 103(a)(1), Aug. 22, 1996, 110 Stat. 2157; amended Pub. L. 105–33, title V, § 5514(c), Aug. 5, 1997, 111 Stat. 620.)
§ 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 appointed 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 positions at such Department that relate to any direct 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 relationship to the amount appropriated for any direct 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 Department, and, notwithstanding any other provision of law, the Secretary shall take such actions as may be necessary, including reductions in force actions, consistent with sections 3502 and 3595 of title 5, to reduce the full-time equivalent 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 positions 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.)
§ 617. Limitation on Federal authority
No officer or employee of the Federal Government 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.)
§ 618. Funding for child care
(a) General child care entitlement
(1) General entitlement
(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 required to be paid to the State for fiscal years 1992 through 1994 under the subsections referred to in subparagraph (A).
(2) Remainder
(A) Grants
(B) Allotments to States
(C) Federal matching of State expenditures exceeding historical expenditures
(D) Redistribution
(i) In general
(ii) Time of determination and distribution
(3) Appropriation
For grants under this section, there are appropriated $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
(C) $75,000,000 shall be available for grants to territories.
(4) Territories
(A) Grants
(B) Allotments
(C) Redistribution
(D) Inapplicability of payment limitation
(E) Territory
(5) Data used to determine State and Federal shares of expenditures
(b) Use of funds
(1) In general
(2) Use for certain populations
(c) Application of Child Care and Development Block Grant Act of 1990
(d) “State” defined
(Aug. 14, 1935, ch. 531, title IV, § 418, as added Pub. L. 104–193, title VI, § 603(b), Aug. 22, 1996, 110 Stat. 2279; amended Pub. L. 105–33, title V, § 5601, Aug. 5, 1997, 111 Stat. 644; Pub. L. 108–40, § 4, June 30, 2003, 117 Stat. 837; Pub. L. 109–171, title VII, § 7201, Feb. 8, 2006, 120 Stat. 141; Pub. L. 112–96, title IV, § 4002(g), Feb. 22, 2012, 126 Stat. 195; Pub. L. 115–31, div. M, title I, § 102(a)(4), May 5, 2017, 131 Stat. 800; Pub. L. 117–2, title IX, § 9801(a), (c), Mar. 11, 2021, 135 Stat. 207.)
§ 619. Definitions
As used in this part:
(1) Adult
(2) Minor child
The term “minor child” means an individual who—
(A) has not attained 18 years of age; or
(B) has not attained 19 years of age and is a full-time student in a secondary school (or in the equivalent level of vocational or technical training).
(3) Fiscal year
(4) Indian, Indian tribe, and tribal organization
(A) In general
(B) Special rule for Indian tribes in Alaska
The term “Indian tribe” means, with respect to the State of Alaska, only the Metlakatla Indian Community of the Annette Islands Reserve and the following Alaska Native regional nonprofit corporations:
(i) Arctic Slope Native Association.
(ii) Kawerak, Inc.
(iii) Maniilaq Association.
(iv) Association of Village Council Presidents.
(v) Tanana Chiefs Conference.
(vi) Cook Inlet Tribal Council.
(vii) Bristol Bay Native Association.
(viii) Aleutian and Pribilof Island Association.
(ix) Chugachmuit.
(x) Tlingit Haida Central Council.
(xi) Kodiak Area Native Association.
(xii) Copper River Native Association.
(5) State
(Aug. 14, 1935, ch. 531, title IV, § 419, as added Pub. L. 104–193, title I, § 103(a)(2), Aug. 22, 1996, 110 Stat. 2159.)