42 U.S.C. § 607 | Mandatory work requirements

(a)

Participation rate requirements

(1)

All families

section 603 of this title section 609(a)(7)(B)(i) of this title

If the fiscal year is:	The minimum participation rate is:
1997	25
1998	30
1999	35
2000	40
2001	45
2002 or thereafter	50.

A State to which a grant is made under for a fiscal year shall achieve the minimum participation rate specified in the following table for the fiscal year with respect to all families receiving assistance under the State program funded under this part or any other State program funded with qualified State expenditures (as defined in ):

(2)

2-parent families

section 603 of this title section 609(a)(7)(B)(i) of this title

If the fiscal year is:	The minimum participation rate is:
1997	75
1998	75
1999 or thereafter	90.

A State to which a grant is made under for a fiscal year shall achieve the minimum participation rate specified in the following table for the fiscal year with respect to 2-parent families receiving assistance under the State program funded under this part or any other State program funded with qualified State expenditures (as defined in ):

(b)

Calculation of participation rates

(1)

All families

(A)

Average monthly rate

For purposes of subsection (a)(1), the participation rate for all families of a State for a fiscal year is the average of the participation rates for all families of the State for each month in the fiscal year.

(B)

Monthly participation rates

The participation rate of a State for all families of the State for a month, expressed as a percentage, is—

(i)

section 609(a)(7)(B)(i) of this title 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 ) 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

For purposes of subsection (a)(2), the participation rate for 2-parent families of a State for a fiscal year is the average of the participation rates for 2-parent families of the State for each month in the fiscal year.

(B)

Monthly participation rates

The participation rate of a State for 2-parent families of the State for a month shall be calculated by use of the formula set forth in paragraph (1)(B), except that in the formula the term “number of 2-parent families” shall be substituted for the term “number of families” each place such latter term appears.

(C)

Family with a disabled parent not treated as a 2-parent family

A family that includes a disabled parent shall not be considered a 2-parent family for purposes of subsections (a) and (b) of this section.

(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 general

The 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)

section 609(a)(7)(B)(i) of this title 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 ) 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 2015.

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

The regulations required by subparagraph (A) shall not take into account families that are diverted from a State program funded under this part as a result of differences in eligibility criteria under a State program funded under this part and the eligibility criteria in effect during fiscal year 2015. Such regulations shall place the burden on the Secretary to prove that such families were diverted as a direct result of differences in such eligibility criteria.

(4)

State option to include individuals receiving assistance under a tribal family assistance plan or tribal work program

section 612 of this titleFor purposes of paragraphs (1)(B) and (2)(B), a State may, at its option, include families in the State that are receiving assistance under a tribal family assistance plan approved under or under a tribal work program to which funds are provided under this part.

(5)

State option for participation requirement exemptions

For any fiscal year, a State may, at its option, not require an individual who is a single custodial parent caring for a child who has not attained 12 months of age to engage in work, and may disregard such an individual in determining the participation rates under subsection (a) for not more than 12 months.

(6)

Special rule regarding calculation of the minimum participation rate

section 609(a)(7)(B)(i) of this titleThe Secretary shall determine participation rates under this section without regard to any individual engaged in work in a family that receives no assistance under this part and less than $35 in assistance funded with qualified State expenditures (as defined in ).

(c)

Engaged in work

(1)

General rules

(A)

All families

If the month is in fiscal year:	The minimum average number of hours per week is:
1997	20
1998	20
1999	25
2000 or thereafter	30.

For purposes of subsection (b)(1)(B)(i), a recipient is engaged in work for a month in a fiscal year if the recipient is participating in work activities for at least the minimum average number of hours per week specified in the following table during the month, not fewer than 20 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:

(B)

2-parent families

For 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

section 609(a)(7)(B)(i) of this title section 603(b)(5) of this titleNotwithstanding paragraph (1) of this subsection, an individual shall not be considered to be engaged in work by virtue of participation in an activity described in subsection (d)(6) of a State program funded under this part or any other State program funded with qualified State expenditures (as defined in ), after the individual has participated in such an activity for 6 weeks (or, if the unemployment rate of the State is at least 50 percent greater than the unemployment rate of the United States or the State is a needy State (within the meaning of ), 12 weeks), or if the participation is for a week that immediately follows 4 consecutive weeks of such participation.

(ii)

Limited authority to count less than full week of participation

For purposes of clause (i) of this subparagraph, on not more than 1 occasion per individual, the State shall consider participation of the individual in an activity described in subsection (d)(6) for 3 or 4 days during a week as a week of participation in the activity by the individual.

(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

For purposes of determining monthly participation rates under subsection (b)(1)(B)(i), a recipient who is the only parent or caretaker relative in the family of a child who has not attained 6 years of age is deemed to be engaged in work for a month if the recipient is engaged in work for an average of at least 20 hours per week during the month.

(C)

Single teen head of household or married teen who maintains satisfactory school attendance deemed to be meeting work participation requirements

For 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

For purposes of determining monthly participation rates under paragraphs (1)(B)(i) and (2)(B) of subsection (b), not more than 30 percent of the number of individuals in all families and in 2-parent families, respectively, in a State who are treated as engaged in work for a month may consist of individuals who are determined to be engaged in work for the month by reason of participation in vocational educational training, or (if the month is in fiscal year 2000 or thereafter) deemed to be engaged in work for the month by reason of subparagraph (C) of this paragraph.

(d)

“Work activities” defined

As 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 general

section 609(a)(7)(B)(i) of this titleExcept 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 ) 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)

Exception

section 609(a)(7)(B)(i) of this titleNotwithstanding 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 ) 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

Subject to paragraph (2), an adult in a family receiving assistance under a State program funded under this part attributable to funds provided by the Federal Government may fill a vacant employment position in order to engage in a work activity described in subsection (d).

(2)

No filling of certain vacancies

No 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

A State with a program funded under this part shall establish and maintain a grievance procedure for resolving complaints of alleged violations of paragraph (2).

(4)

No preemption

Nothing in this subsection shall preempt or supersede any provision of State or local law that provides greater protection for employees from displacement.

(g)

Sense of Congress

It is the sense of the Congress that in complying with this section, each State that operates a program funded under this part is encouraged to assign the highest priority to requiring adults in 2-parent families and adults in single-parent families that include older preschool or school-age children to be engaged in work activities.

(h)

Sense of Congress that States should impose certain requirements on noncustodial, nonsupporting minor parents

It is the sense of the Congress that the States should require noncustodial, nonsupporting parents who have not attained 18 years of age to fulfill community work obligations and attend appropriate parenting or money management classes after school.

(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 general

June 30, 2006section 609(a)(7)(B)(i) of this titleNot later than , 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 ), 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

The regulations referred to in clause (i) may be effective and final immediately on an interim basis as of the date of publication of the regulations. If the Secretary provides for an interim final regulation, the Secretary shall provide for a period of public comment on the regulation after the date of publication. The Secretary may change or revise the regulation after the public comment period.

(B)

Oversight of State procedures

The Secretary shall review the State procedures established in accordance with paragraph (2) to ensure that such procedures are consistent with the regulations promulgated under subparagraph (A) and are adequate to ensure an accurate measurement of work participation under the State programs funded under this part and any other State programs funded with qualified State expenditures (as so defined).

(2)

Requirement for States to establish and maintain work participation verification procedures

September 30, 2006section 603 of this titleNot later than , a State to which a grant is made under shall establish procedures for determining, with respect to recipients of assistance under the State program funded under this part or under any State programs funded with qualified State expenditures (as so defined), whether activities may be counted as work activities, how to count and verify reported hours of work, and who is a work-eligible individual, in accordance with the regulations promulgated pursuant to paragraph (1)(A)(i) and shall establish internal controls to ensure compliance with the procedures.

Aug. 14, 1935, ch. 531 Pub. L. 104–193, title I, § 103(a)(1)Aug. 22, 1996110 Stat. 2129 Pub. L. 105–33, title VAug. 5, 1997111 Stat. 594 Pub. L. 109–171, title VII, § 7102(a)Feb. 8, 2006120 Stat. 136 Pub. L. 111–5, div. B, title II, § 2101(b)Feb. 17, 2009123 Stat. 448 Pub. L. 112–96, title IV, § 4005(b)Feb. 22, 2012126 Stat. 198 Pub. L. 118–5, div. C, title IJune 3, 2023137 Stat. 34 (, title IV, § 407, as added , , ; amended , §§ 5003(a), 5504, 5514(c), , , 609, 620; , (b)(1), (c)(1), , ; , (d)(2), , , 449; , , ; , §§ 301, 303, , , 35.)

Editorial Notes

Prior Provisions

act Aug. 14, 1935, ch. 531, title IV, § 407 May 8, 1961Pub. L. 87–31, § 175 Stat. 75 July 25, 1962Pub. L. 87–543, title I76 Stat. 185 Oct. 13, 1964Pub. L. 88–641, § 2(b)78 Stat. 1042 June 29, 1967Pub. L. 90–36, § 281 Stat. 94 Jan. 2, 1968Pub. L. 90–248, title II, § 203(a)81 Stat. 882 June 28, 1968Pub. L. 90–364, title III, § 30282 Stat. 273 Dec. 28, 1971Pub. L. 92–223, § 3(a)(10)85 Stat. 805 Oct. 20, 1976Pub. L. 94–566, title V, § 507(a)90 Stat. 2688 Aug. 13, 1981Pub. L. 97–35, title XXIII95 Stat. 853 July 18, 1984Pub. L. 98–369, div. B, title VI, § 2663(c)(4)98 Stat. 1166 Oct. 13, 1988Pub. L. 100–485, title II, § 202(b)(7)102 Stat. 2377 Nov. 10, 1988Pub. L. 100–647, title VIII, § 8105(1)102 Stat. 3797 Dec. 19, 1989Pub. L. 101–239, title X, § 10403(a)(1)(A)(i)103 Stat. 2487 Nov. 5, 1990Pub. L. 101–508, title V104 Stat. 1388–231 Pub. L. 104–193, § 103(a)(1)Pub. L. 105–33, title V, § 5514(c)Aug. 5, 1997111 Stat. 620 A prior section 607, , as added , , ; amended , , §§ 104(a)(3)(E), 131(a), 134, , 193, 196; , , ; , , ; , , ; , , ; , , (11), ; , , (b), (d), ; , , §§ 2313(a), (c)(2), 2353(q), , 854, 874; , , (j)(3)(B)(ii), , 1171; , –(11), title IV, § 401(a)(2)(B), (C), (b)(1), (3), (c), (h), , 2378, 2394–2396; , –(3), (5), ; , , (2), , 2488; , , §§ 5061(a), 5062(a), , 1388–232, related to dependent children of unemployed parents, prior to repeal by , as amended by , , .

Amendments

Pub. L. 118–5, § 3012023—Subsec. (b)(3)(A)(ii), (B). , substituted “2015” for “2005”.

Pub. L. 118–5, § 303Subsec. (b)(6). , added par. (6).

Pub. L. 112–962012—Subsec. (c)(2)(A)(i). substituted “603(b)(5)” for “603(b)(6)”.

Pub. L. 111–5, § 2101(d)(2)section 603(c)(9) of this title2009—Subsec. (b)(3)(A)(i). , struck out “(or if the immediately preceding fiscal year is fiscal year 2008, 2009, or 2010, then, at State option, during the emergency fund base year of the State with respect to the average monthly assistance caseload of the State (within the meaning of ), except that, if a State elects such option for fiscal year 2008, the emergency fund base year of the State with respect to such caseload shall be fiscal year 2007))” before “under the State”.

Pub. L. 111–5, § 2101(b)section 603(c)(9) of this title, inserted “(or if the immediately preceding fiscal year is fiscal year 2008, 2009, or 2010, then, at State option, during the emergency fund base year of the State with respect to the average monthly assistance caseload of the State (within the meaning of ), except that, if a State elects such option for fiscal year 2008, the emergency fund base year of the State with respect to such caseload shall be fiscal year 2007))” before “under the State”.

Pub. L. 109–171, § 7102(b)(1)section 609(a)(7)(B)(i) of this title2006—Subsecs. (a)(1), (2), (b)(1)(B)(i). , inserted “or any other State program funded with qualified State expenditures (as defined in )” after “this part”.

Pub. L. 109–171, § 7102(a)(1)(A)section 609(a)(7)(B)(i) of this titleSubsec. (b)(3)(A)(i). , inserted “or any other State program funded with qualified State expenditures (as defined in )” after “this part”.

Pub. L. 109–171, § 7102(a)(1)(B)September 30, 1995Subsec. (b)(3)(A)(ii). , added cl. (ii) and struck out former cl. (ii) which read as follows: “the average monthly number of families that received aid under the State plan approved under part A of this subchapter (as in effect on ) during fiscal year 1995.”

Pub. L. 109–171, § 7102(a)(2)September 30, 1995Subsec. (b)(3)(B). , substituted “and the eligibility criteria in effect during fiscal year 2005” for “and eligibility criteria under the State program operated under the State plan approved under part A of this subchapter (as such plan and such part were in effect on )”.

Pub. L. 109–171, § 7102(b)(1)section 609(a)(7)(B)(i) of this titleSubsecs. (c)(2)(A)(i), (e)(1), (2). , inserted “or any other State program funded with qualified State expenditures (as defined in )” after “this part”.

Pub. L. 109–171, § 7102(c)(1)Subsec. (i). , amended heading and text generally. Prior to amendment, text read as follows: “During fiscal year 1999, the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate shall hold hearings and engage in other appropriate activities to review the implementation of this section by the States, and shall invite the Governors of the States to testify before them regarding such implementation. Based on such hearings, such Committees may introduce such legislation as may be appropriate to remedy any problems with the State programs operated pursuant to this section.”

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, § 5504(a)Subsec. (b)(2)(C). , added subpar. (C).

Pub. L. 105–33, § 5504(b)Subsec. (b)(3). , inserted “and not resulting from changes in State eligibility criteria” after “Federal law” in heading.

Pub. L. 105–33, § 5504(c)Subsec. (b)(4). , inserted “or tribal work program” after “assistance plan” in heading and “or under a tribal work program to which funds are provided under this part” before period at end of text.

Pub. L. 105–33, § 5504(e)Subsec. (c)(1)(B). , substituted “participating” for “making progress” in cls. (i) and (ii).

Pub. L. 105–33, § 5504(d)(1)Subsec. (c)(1)(B)(i). , substituted “and the other parent in the family are” for “is” and inserted “a total of” before “at least”.

Pub. L. 105–33, § 5504(d)(2)Subsec. (c)(1)(B)(ii). , substituted “individual and the other parent in the family are” for “individual’s spouse is”, inserted “for a total of at least 55 hours per week” before “during the month”, and substituted “50” for “20” and “(6), (7), (8), or (12)” for “or (7)”.

Pub. L. 105–33, § 5504(f)section 603(b)(6) of this titleSubsec. (c)(2)(A)(i). , inserted “or the State is a needy State (within the meaning of )” after “United States”.

Pub. L. 105–33, § 5504(g)Subsec. (c)(2)(B). , inserted “or relative” after “parent” in two places in heading and substituted “who is the only parent or caretaker relative in the family” for “in a 1-parent family who is the parent”.

Pub. L. 105–33, § 5504(h)Subsec. (c)(2)(C). , in heading substituted “Single teen head of household or married teen” for “Teen head of household” and, in introductory provisions, substituted “married or a” for “a single” and struck out “, subject to subparagraph (D) of this paragraph,” after “is deemed”.

Pub. L. 105–33, § 5504(i)Subsec. (c)(2)(C)(ii). , substituted “an average of at least 20 hours per week during the month” for “at least the minimum average number of hours per week specified in the table set forth in paragraph (1)(A) of this subsection”.

Pub. L. 105–33, § 5003(a)Subsec. (c)(2)(D). , amended heading and text of subpar. (D) generally. Prior to amendment, text read as follows: “For purposes of determining monthly participation rates under paragraphs (1)(B)(i) and (2)(B) of subsection (b) of this section, not more than 20 percent of individuals in all families and in 2-parent families may be determined to be engaged in work in the State for a month by reason of participation in vocational educational training or deemed to be engaged in work by reason of subparagraph (C) of this paragraph.”

Pub. L. 105–33, § 5504(j)Subsec. (e)(2). , substituted “engage in work required in accordance with this section” for “work” in introductory provisions.

Statutory Notes and Related Subsidiaries

Effective Date of 2023 Amendment

Pub. L. 118–5, div. C, title I, § 305June 3, 2023137 Stat. 36

section 611 of this titleOctober 1, 2024October 1, 2025“The amendments made by this title [amending this section and ] shall take effect on , except for sections 301 and 303 [amending this section] which shall take effect on .”

, , , provided that:

Effective Date of 2009 Amendment

Pub. L. 111–5, div. B, title II, § 2101(d)(2)Feb. 17, 2009123 Stat. 449 section 2101(d)(2) of Pub. L. 111–5Oct. 1, 2011, , , provided that the amendment by is effective .

Effective Date of 2006 Amendment

section 7102(c)(1) of Pub. L. 109–171Oct. 1, 2005section 7701 of Pub. L. 109–171 section 603 of this titleAmendment by effective as if enacted on , except as otherwise provided, see , set out as a note under .

Pub. L. 109–171, title VII, § 7102(d)Feb. 8, 2006120 Stat. 137

section 611 of this titleOctober 1, 2006“The amendments made by subsections (a) and (b) [amending this section and ] shall take effect on .”

, , , provided that:

Effective Date of 1997 Amendment

Pub. L. 105–33, title V, § 5003(b)Aug. 5, 1997111 Stat. 594

Pub. L. 104–193“The amendment made by subsection (a) of this section [amending this section] shall take effect as if included in the enactment of section 103(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 [].”

, , , provided that:

section 5504 of Pub. L. 105–33 Pub. L. 104–193 section 5518(a) of Pub. L. 105–33 section 602 of this titleAmendment by effective as if included in section 103(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, , at the time such section 103(a) became law, see , set out as a note under .

section 5514(c) of Pub. L. 105–33 Pub. L. 104–193 section 5518(d) of Pub. L. 105–33 section 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.

Effective Date

July 1, 1997section 116 of Pub. L. 104–193 section 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 .