US Code

Public Law 119-73 (01/23/2026)

42 U.S.C. § 602

Eligible States; State plan

(a)

In general

As 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 provisions

A 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)
section 607(e)(2) of this title 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 .
(iii)
section 607 of this title Ensure that parents and caretakers receiving assistance under the program engage in work activities in accordance with .
(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)
1
1 See References in Text note below.
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)  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)
section 608(a)(12) of this title 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 , 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)
section 607(e)(2) of this titlesection 607(c) of this title Not later than 1 year after , 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 , 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 , 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)
section 1397j of this title providing direct care in a long-term care facility (as such terms are defined under ); 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

A certification by the chief executive officer of the State that, during the fiscal year, the State will operate a child support enforcement program under the State plan approved under part D.

(3)

Certification that the State will operate a foster care and adoption assistance program

A certification by the chief executive officer of the State that, during the fiscal year, the State will operate a foster care and adoption assistance program under the State plan approved under part E, and that the State will take such actions as are necessary to ensure that children receiving assistance under such part are eligible for medical assistance under the State plan under subchapter XIX.

(4)

Certification of the administration of the program

A 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

section 612 of this titleA certification by the chief executive officer of the State that, during the fiscal year, the State will provide each member of an Indian tribe, who is domiciled in the State and is not eligible for assistance under a tribal family assistance plan approved under , with equitable access to assistance under the State program funded under this part attributable to funds provided by the Federal Government.

(6)

Certification of standards and procedures to ensure against program fraud and abuse

A certification by the chief executive officer of the State that the State has established and is enforcing standards and procedures to ensure against program fraud and abuse, including standards and procedures concerning nepotism, conflicts of interest among individuals responsible for the administration and supervision of the State program, kickbacks, and the use of political patronage.

(7)

Optional certification of standards and procedures to ensure that the State will screen for and identify domestic violence

(A)

In general

At 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

section 608(a)(7)(C)(iii) of this titleFor purposes of this paragraph, the term “domestic violence” has the same meaning as the term “battered or subjected to extreme cruelty”, as defined in .

(8)

Certification that the State will provide information to victims of sexual harassment or survivors of domestic violence, sexual assault, or stalking

(A)

In general

A 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)

Definitions

For 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)
section 12291 of title 34 the terms “sexual assault” and “stalking” have the meanings given such terms in .
(b)

Plan amendments

Within 30 days after a State amends a plan submitted pursuant to subsection (a), the State shall notify the Secretary of the amendment.

(c)

Public availability of State plan summary

The State shall make available to the public a summary of any plan or plan amendment submitted by the State under this section.

Aug. 14, 1935, ch. 531Pub. L. 104–193, title I, § 103(a)(1)110 Stat. 2113Pub. L. 105–33, title V111 Stat. 606Pub. L. 106–169, title IV, § 401(a)113 Stat. 1858Pub. L. 111–148, title VI, § 6703(a)(2)(A)124 Stat. 798Pub. L. 112–96, title IV, § 4004(c)126 Stat. 198Pub. L. 117–103, div. W, title VII, § 703(a)(1)136 Stat. 892(, title IV, § 402, as added , , ; amended , §§ 5501, 5514(c), , , 620; , , ; , , ; , , ; , , .)

Editorial Notes

References in Text

Section 603(a)(2) of this titlePub. L. 109–171, title VII, § 7103(a)120 Stat. 138, referred to in subsec. (a)(1)(A)(v), was amended generally by , , , and, as so amended, no longer defines “illegitimacy ratio”.

Prior Provisions

Aug. 14, 1935, ch. 53149 Stat. 627Aug. 10, 1939, ch. 66653 Stat. 1379Aug. 28, 1950, ch. 80964 Stat. 549Aug. 1, 1956, ch. 83670 Stat. 849Pub. L. 87–543, title I76 Stat. 185Pub. L. 89–97, title IV79 Stat. 418Pub. L. 90–248, title II81 Stat. 877Pub. L. 92–223, § 3(a)(1)85 Stat. 803Pub. L. 92–603, title II, § 299E(c)86 Stat. 1462Pub. L. 93–64788 Stat. 2348Pub. L. 94–88, title II89 Stat. 434Pub. L. 95–216, title IV, § 403(c)91 Stat. 1561Pub. L. 96–222, title I, § 101(a)(2)(A)94 Stat. 195Pub. L. 96–265, title IV94 Stat. 460–462Pub. L. 96–272, title I, § 101(a)(3)(A)94 Stat. 512Pub. L. 96–473, § 6(f)94 Stat. 2266Pub. L. 97–35, title XXIII95 Stat. 843–846Pub. L. 97–248, title I96 Stat. 395Pub. L. 97–300, title VI, § 60396 Stat. 1398Pub. L. 100–628, title VII, § 712(a)(1)102 Stat. 3248Pub. L. 97–424, title V, § 545(b)96 Stat. 2198Pub. L. 98–21, title IV, § 404(b)97 Stat. 140Pub. L. 98–369, div. B, title VIl98 Stat. 1134–1137Pub. L. 98–378, § 9(a)(2)98 Stat. 1316Pub. L. 99–272, title XII100 Stat. 292Pub. L. 99–514, § 2100 Stat. 2095Pub. L. 99–603, title II, § 201(b)(1)100 Stat. 3403Pub. L. 100–203, title IX101 Stat. 1330–300Pub. L. 100–485, title I102 Stat. 2346Pub. L. 101–239, title X, § 10403(a)(1)(B)(i)103 Stat. 2487Pub. L. 101–508, title V104 Stat. 1388–227Pub. L. 103–66, title XIII, § 13742(a)107 Stat. 663Pub. L. 103–382, title III, § 394(k)108 Stat. 4029Pub. L. 103–432, title II108 Stat. 4466Pub. L. 104–193, title I, § 103(c)(1)110 Stat. 2161Pub. L. 104–193, § 103(a)(1)Pub. L. 105–33, title V, § 5514(c)111 Stat. 620A prior section 602, acts , title IV, § 402, ; , title IV, § 401, ; , title III, pt. 2, § 321, pt. 6, § 361(c), (d), , 558; , title III, § 312(b), ; , , §§ 103, 104(a)(2), (3)(A), (B), (5)(A), 106(b), , 188; , , §§ 403(b), 410, , 423; , , §§ 201(a), (b), 202(a), (b), 204(b), (e), 205(a), 210(a)(2), 211(a), 213(b), , 879, 881, 890, 892, 895, 896, 898; , –(7), , 804; , , title IV, § 414(a), , 1492; , , §§ 3(a)(1), (2), (8), 101(c)(2)–(5), (8), , 2349, 2359, 2360; , , §§ 202, 207, 208(a), 209, , 436, 437; , , ; , , ; , , §§ 401(a)–(f), 403(a), 406(b), , 465, 466; , , title III, § 302(a), , 528; , , ; , , §§ 2301–2306(a), 2310, 2313(b), (c)(1), 2314, 2315(a), 2316, 2318, 2320(a), (b)(1), 2353(b)(1), (c), , 852, 854–857, 872; , , §§ 151(a), 152(a), 154(a), , 396; , , formerly title V, § 503, , renumbered title VI, § 603, , , (2), ; , , ; , , ; , , §§ 2621–2624(a), 2625(a), 2626, 2628, 2629, 2631–2634, 2636, 2639(a), (c), 2640(a), (c), 2642(a), (b), 2651(b)(1), (2), 2663(c)(1), (3)(B), ()(1), , 1141, 1142, 1144–1146, 1149, 1165, 1166, 1171; , , ; , , §§ 12303(a), 12304(a), ; , , title XVIII, § 1883(a)(5)(B), (b)(1)(A), (2)(A), (B), (3)(A), (4), (5), , 2916, 2917; , , title III, §§ 302(b)(1), 303(e)(1), , 3422, 3431; , , §§ 9102(b), 9133(b)(1), , 1330–314; , , §§ 102(a), 123(d), title II, §§ 201(a), 202(b)(1)–(3), title III, §§ 301, 302(a), (b)(1), (c), 303(b)(3), (f)(2)(B), (C), 304(b)(2), title IV, §§ 401(a)(1), (2)(A), (b)(2), (f), (h), 402(a)–(c), 403(a), 404(a), title VI, §§ 604(a), 605(a), , 2353, 2356, 2377, 2382–2384, 2392, 2393, 2395–2398, 2409; , , (C)(i), ; , , §§ 5051(a), (b), 5053(a), 5054(a), 5055(a), 5060(a), 5081(a), (c), (d), title XI, § 11115(a), to 1388–229, 1388–231, 1388–233, 1388–236, 1388–414; , , ; , , ; , , §§ 235(a), 264(c), , 4468; , , (2)(A), , related to State plans for aid and services to needy families with children prior to repeal by , as amended by , , , effective .

Amendments

Pub. L. 117–1032022—Subsec. (a)(8). added par. (8).

Pub. L. 112–962012—Subsec. (a)(1)(A)(vii), (viii). added cls. (vii) and (viii).

Pub. L. 111–1482010—Subsec. (a)(1)(B)(v). added cl. (v).

Pub. L. 106–1691999—Subsec. (a)(1)(B)(iv). made technical amendment to reference in original act which appears in text as reference to .

Pub. L. 105–33, § 5514(c)Pub. L. 104–193, § 103(a)(1)1997—, made technical amendment to directory language of , which enacted this section.

Pub. L. 105–33, § 5501(a)Subsec. (a). , substituted “27-month period ending with the close of the 1st quarter of” for “2-year period immediately preceding” in introductory provisions.

Pub. L. 105–33, § 5501(b)section 607(e)(2) of this titleSubsec. (a)(1)(A)(ii). , inserted “, consistent with ” before period at end.

Pub. L. 105–33, § 5501(c)Subsec. (a)(1)(A)(v). , substituted “section 603(a)(2)(C)(iii)” for “section 603(a)(2)(B)”.

Pub. L. 105–33, § 5501(d)(1)Subsec. (b). , added subsec. (b). Former subsec. (b) redesignated (c).

Pub. L. 105–34, § 5501(d)(2)Subsec. (c). , inserted “or plan amendment” after “plan”.

Pub. L. 105–33, § 5501(d)(1), redesignated subsec. (b) as (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Pub. L. 117–103section 4(a) of div. W of Pub. L. 117–103section 6851 of Title 15Amendment by not effective until Oct. 1 of the first fiscal year beginning after , see , set out as an Effective Date note under , Commerce and Trade.

Effective Date of 2010 Amendment

Pub. L. 111–148, title VI, § 6703(a)(2)(B)124 Stat. 798

“The amendment made by subparagraph (A) [amending this section] shall take effect on .”
, , , provided that:

Effective Date of 1999 Amendment

Pub. L. 106–169, title IV, § 401(q)113 Stat. 1859

lsection 604 of this titlesection 604 of this titlePublic Law 104–193110 Stat. 2105“Except as provided in subsection () [amending and enacting provisions set out as a note under ], the amendments made by this section [amending this section and sections 604, 609, 613, 616, 629a, 652, 654, 655, 657, 666, 671, and 1320b–7 of this title] shall take effect as if included in the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (; ).”
, , , provided that:

Effective Date of 1997 Amendment

section 5514(c) of Pub. L. 105–33Pub. L. 104–193section 5518(d) of Pub. L. 105–33section 862a of Title 21Amendment by effective as if included in the provision of amended at the time the provision became law, see , set out as a note under , Food and Drugs.

Pub. L. 105–33, title V, § 5518(a)111 Stat. 621

Pub. L. 105–33Pub. L. 104–193“The amendments made by this chapter to a provision of part A of title IV of the Social Security Act [chapter 1 (§§ 5501–5518) of subtitle F of title V of , amending this section and sections 603, 604, 607, 608, 609, 611, 612, 613, and 616 of this title] shall take effect as if the amendments had been included in section 103(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 [] at the time such section became law.”
, , , provided that:

Effective Date

section 116 of Pub. L. 104–193section 601 of this titleSection effective , with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see , as amended, set out as a note under .

Implementation of 2022 Amendment

Pub. L. 117–103, div. W, title VII, § 703(a)(2)136 Stat. 893

42 U.S.C. 602“Not later than 1 year after the date of enactment of this Act [], each State shall submit the certification required under paragraph (8) of subsection (a) of section 402 of the Social Security Act (), as added by paragraph (1), in the form of an amendment to the State’s plan submitted under such section. A State shall not be regarded as failing to comply with the requirement of such paragraph (8) before the date that is 1 year after the date of enactment of this Act.”
, , , provided that:

section 703(a)(2) of div. W of Pub. L. 117–103section 12291 of Title 34section 2(b) of div. W of Pub. L. 117–103section 12291 of Title 34[For definition of “State” as used in , set out above, see , Crime Control and Law Enforcement, as made applicable by , which is set out as a note under ].

National Grant Program for Developing a Model Training Program for TANF Personnel Training

Pub. L. 117–103, div. W, title VII, § 703(b)136 Stat. 893

“(1)

Grants authorized.—

“(A)

Model training program .—

The Secretary of Health and Human Services (in this subsection referred to as the ‘Secretary’) shall—
“(i)
42 U.S.C. 602(a)(8)42 U.S.C. 602(a)(7) develop and disseminate a model training program (and related materials) for the training required under section 402(a)(8) of the Social Security Act [], and if the State so elects, section 402(a)(7) of such Act []; and
“(ii)
42 U.S.C. 602 provide technical assistance with respect to such model training program to eligible States (as defined in section 402 of the Social Security Act []).
“(B)

Grants .—

In developing the model training program under subparagraph (A)(i), the Secretary may award grants and contracts and may develop such program in cooperation with an eligible partner.
“(2)

Eligible partner defined .—

For purposes of paragraph (1), the term ‘eligible partner’ means an entity that is—
“(A)
a State or tribal domestic violence coalition or sexual assault coalition; or
“(B)
a State or local victim service provider with recognized expertise in the dynamics of domestic violence, sexual assault, or stalking whose primary mission is to provide services to survivors of domestic violence, sexual assault, or stalking, including a rape crisis center or domestic violence program.
“(3)

Report.—

“(A)

Report to congress .—

Not later than 5 years after the date of the enactment of this Act [], the Secretary shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report on the program established under this subsection.
“(B)

Report available to public .—

The Secretary shall establish procedures for the dissemination to the public of the report submitted under subparagraph (A) not later than 10 days after the submission of such report to Congress under such subparagraph. Such procedures shall include the use of the internet to disseminate such report.
“(4)

Authorization of appropriations .—

There are authorized to be appropriated $3,000,000 to carry out this section for each of fiscal years 2023 through 2027.”
, , , provided that:

section 703(b) of div. W of Pub. L. 117–103section 12291 of Title 34section 2(b) of div. W of Pub. L. 117–103section 12291 of Title 34[For definitions of terms used in , set out above, see , Crime Control and Law Enforcement, as made applicable by , which is set out as a note under ].

Demonstration of Family Independence Program

Pub. L. 100–203, title IX, § 9121101 Stat. 1330–310Pub. L. 104–193, title I, § 110(b)110 Stat. 2171, , , authorized State of Washington, upon application of State and approval by Secretary of Health and Human Services, to conduct demonstration project for purpose of testing whether operation of its Family Independence Program enacted in May 1987, as alternative to AFDC program under this subchapter, would more effectively break the cycle of poverty and provide families with opportunities for economic independence and strengthened family functioning, prior to repeal by , , .

Child Support Demonstration Program in New York State

Pub. L. 100–203, title IX, § 9122101 Stat. 1330–312Pub. L. 104–193, title I, § 110(c)110 Stat. 2171, , , authorized State of New York, upon application by State and approval by Secretary of Health and Human Services, to conduct demonstration program in accordance with this section for purpose of testing State’s Child Support Supplemental Program as alternative to the program of Aid to Families with Dependent Children under this subchapter, prior to repeal by , , .

Utility Payments Made by Tenants in Assisted Housing

Pub. L. 98–181, title I97 Stat. 1188Pub. L. 98–479, title I, § 102(g)(3)98 Stat. 222242 U.S.C. 1437section 1715z–1 of Title 12Pub. L. 104–193, title I, § 110(d)110 Stat. 2171 [title II, § 221], , , as amended by , , , provided that notwithstanding any other provision of law, for purposes of determining eligibility, or amount of benefits payable, under this part, any utility payment made in lieu of any rental payment by person living in dwelling unit in lower income housing project assisted under the United States Housing Act of 1937 ( et seq.) or , Banks and Banking, was to be considered to be shelter payment, prior to repeal by , , .

Exclusion From Income

Pub. L. 97–248, title I, § 15996 Stat. 400section 602(a)(17) of this titlesection 603(a) of this titlePub. L. 104–193, title I, § 110(e)110 Stat. 2171, , , provided that payments made under statutorily established State program to meet certain needs of children receiving aid under State’s plan approved under this part were to be excluded from income of such children and their families for purposes of and for all other purposes of this part and of such plan, effective , if the payments were made to such children by State agency administering such plan, but were made without Federal financial participation under or otherwise, and if State program had been continuously in effect since before , prior to repeal by , , .

State Plans To Disregard Earned Income of Individuals in Determination of Need for Aid; Effective Date

Pub. L. 90–248, title II, § 202(d)81 Stat. 882Pub. L. 104–193, title I, § 110(f)110 Stat. 2171, , , provided that effective with respect to quarters beginning after , in determining need of individuals claiming aid under State plan approved under this part, State was to apply provisions of this part notwithstanding any provisions of law other than this chapter requiring State to disregard earned income of such individuals in determining need under such State plan, prior to repeal by , , .