42 U.S.C. § 608 | Prohibitions; requirements

(a)

In general

(1)

No assistance for families without a minor child

section 603 of this titleA State to which a grant is made under shall not use any part of the grant to provide assistance to a family, unless the family includes a minor child who resides with the family (consistent with paragraph (10)) or a pregnant individual.

(2)

Reduction or elimination of assistance for noncooperation in establishing paternity or obtaining child support

section 654(29) of this titleIf 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 , 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

section 603 of this titleA State to which a grant is made under shall require, as a condition of paying assistance to a family under the State program funded under this part, that a member of the family assign to the State any right the family member may have (on behalf of the family member or of any other person for whom the family member has applied for or is receiving such assistance) to support from any other person, not exceeding the total amount of assistance so paid to the family, which accrues during the period that the family receives assistance under the program.

(4)

No assistance for teenage parents who do not attend high school or other equivalent training program

section 603 of this titleA State to which a grant is made under 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

section 603 of this titleExcept as provided in subparagraph (B), a State to which a grant is made under shall not use any part of the grant to provide assistance to an individual described in clause (ii) of this subparagraph if the individual and the minor child referred to in clause (ii)(II) do not reside in a place of residence maintained by a parent, legal guardian, or other adult relative of the individual as such parent’s, guardian’s, or adult relative’s own home.

(ii)

Individual described

For 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

section 602(a)(4) of this titleIn the case of an individual who is described in clause (ii), the State agency referred to in shall provide, or assist the individual in locating, a second chance home, maternity home, or other appropriate adult-supervised supportive living arrangement, taking into consideration the needs and concerns of the individual, unless the State agency determines that the individual’s current living arrangement is appropriate, and thereafter shall require that the individual and the minor child referred to in subparagraph (A)(ii)(II) reside in such living arrangement as a condition of the continued receipt of assistance under the State program funded under this part attributable to funds provided by the Federal Government (or in an alternative appropriate arrangement, should circumstances change and the current arrangement cease to be appropriate).

(ii)

Individual described

For 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

For purposes of this subparagraph, the term “second-chance home” means an entity that provides individuals described in clause (ii) with a supportive and supervised living arrangement in which such individuals are required to learn parenting skills, including child development, family budgeting, health and nutrition, and other skills to promote their long-term economic independence and the well-being of their children.

(6)

No medical services

(A)

In general

section 603 of this titleA State to which a grant is made under shall not use any part of the grant to provide medical services.

(B)

Exception for prepregnancy family planning services

As used in subparagraph (A), the term “medical services” does not include prepregnancy family planning services.

(7)

No assistance for more than 5 years

(A)

In general

section 603 of this titleA State to which a grant is made under shall not use any part of the grant to provide assistance to a family that includes an adult who has received assistance under any State program funded under this part attributable to funds provided by the Federal Government, for 60 months (whether or not consecutive) after the date the State program funded under this part commences, subject to this paragraph.

(B)

Minor child exception

In 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

The State may exempt a family from the application of subparagraph (A) by reason of hardship or if the family includes an individual who has been battered or subjected to extreme cruelty.

(ii)

Limitation

The average monthly number of families with respect to which an exemption made by a State under clause (i) is in effect for a fiscal year shall not exceed 20 percent of the average monthly number of families to which assistance is provided under the State program funded under this part during the fiscal year or the immediately preceding fiscal year (but not both), as the State may elect.

(iii)

Battered or subject to extreme cruelty defined

For 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

In determining the number of months for which an adult has received assistance under a State or tribal program funded under this part, the State or tribe shall disregard any month during which the adult lived in Indian country or an Alaskan Native village if the most reliable data available with respect to the month (or a period including the month) indicate that at least 50 percent of the adults living in Indian country or in the village were not employed.

(ii)

“Indian country” defined

section 1151 of title 18As used in clause (i), the term “Indian country” has the meaning given such term in .

(E)

Rule of interpretation

Subparagraph (A) shall not be interpreted to require any State to provide assistance to any individual for any period of time under the State program funded under this part.

(F)

Rule of interpretation

This part shall not be interpreted to prohibit any State from expending State funds not originating with the Federal Government on benefits for children or families that have become ineligible for assistance under the State program funded under this part by reason of subparagraph (A).

(G)

Inapplicability to welfare-to-work grants and assistance

section 603(a)(5) of this title section 603 of this title section 603(a)(5) of this titleFor purposes of subparagraph (A) of this paragraph, a grant made under shall not be considered a grant made under , and noncash assistance from funds provided under shall not be considered 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

section 603 of this title 7 U.S.C. 2011A State to which a grant is made under shall not use any part of the grant to provide cash assistance to an individual during the 10-year period that begins on the date the individual is convicted in Federal or State court of having made a fraudulent statement or representation with respect to the place of residence of the individual in order to receive assistance simultaneously from 2 or more States under programs that are funded under this subchapter, subchapter XIX, or the Food and Nutrition Act of 2008 [ et seq.], or benefits in 2 or more States under the supplemental security income program under subchapter XVI. The preceding sentence shall not apply with respect to a conviction of an individual, for any month beginning after the President of the United States grants a pardon with respect to the conduct which was the subject of the conviction.

(9)

Denial of assistance for fugitive felons and probation and parole violators

(A)

In general

section 603 of this titleA State to which a grant is made under 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 agencies

section 603 of this titleIf a State to which a grant is made under 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

section 603 of this title section 602 of this titleA State to which a grant is made under shall not use any part of the grant to provide assistance for a minor child who has been, or is expected by a parent (or other caretaker relative) of the child to be, absent from the home for a period of 45 consecutive days or, at the option of the State, such period of not less than 30 and not more than 180 consecutive days as the State may provide for in the State plan submitted pursuant to .

(B)

State authority to establish good cause exceptions

section 602 of this titleThe State may establish such good cause exceptions to subparagraph (A) as the State considers appropriate if such exceptions are provided for in the State plan submitted pursuant to .

(C)

Denial of assistance for relative who fails to notify State agency of absence of child

section 603 of this titleA State to which a grant is made under shall not use any part of the grant to provide assistance for an individual who is a parent (or other caretaker relative) of a minor child and who fails to notify the agency administering the State program funded under this part of the absence of the minor child from the home for the period specified in or provided for pursuant to subparagraph (A), by the end of the 5-day period that begins with the date that it becomes clear to the parent (or relative) that the minor child will be absent for such period so specified or provided for.

(11)

Medical assistance required to be provided for certain families having earnings from employment or child support

(A)

Earnings from employment

section 603 of this title section 1396u–1(b)(1)(A) of this titleJuly 16, 1996section 602(a)(8)(B)(ii)(II) of this title section 1396r–6(a)(2) of this titleA State to which a grant is made under and which has a State plan approved under subchapter XIX shall provide that in the case of a family that is treated (under for purposes of subchapter XIX) as receiving aid under a State plan approved under this part (as in effect on ), that would become ineligible for such aid because of hours of or income from employment of the caretaker relative (as defined under this part as in effect on such date) or because of (as so in effect), and that was so treated as receiving such aid in at least 3 of the 6 months immediately preceding the month in which such ineligibility begins, the family shall remain eligible for medical assistance under the State’s plan approved under subchapter XIX for an extended period or periods as provided in section 1396r–6 or 1396a(e)(1) of this title (as applicable), and that the family will be appropriately notified of such extension as required by .

(B)

Child support

section 603 of this title section 1396u–1(b)(1)(A) of this titleJuly 16, 1996section 1396u–1(c)(1) of this titleA State to which a grant is made under and which has a State plan approved under subchapter XIX shall provide that in the case of a family that is treated (under for purposes of subchapter XIX) as receiving aid under a State plan approved under this part (as in effect on ), that would become ineligible for such aid as a result (wholly or partly) of the collection of child or spousal support under part D and that was so treated as receiving such aid in at least 3 of the 6 months immediately preceding the month in which such ineligibility begins, the family shall remain eligible for medical assistance under the State’s plan approved under subchapter XIX for an extended period or periods as provided in .

(12)

State requirement to prevent unauthorized spending of benefits

(A)

In general

section 603 of this titleA State to which a grant is made under 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)

Definitions

For purposes of subparagraph (A)—

(i)

Liquor store

7 U.S.C. 2012(r)1

1 See References in Text note below.

The term “liquor store” means any retail establishment which sells exclusively or primarily intoxicating liquor. Such term does not include a grocery store which sells both intoxicating liquor and groceries including staple foods (within the meaning of section 3(r) of the Food and Nutrition Act of 2008 ()).

(ii)

Casino, gambling casino, or gaming establishment

The 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

The term “electronic benefit transfer transaction” means the use of a credit or debit card service, automated teller machine, point-of-sale terminal, or access to an online system for the withdrawal of funds or the processing of a payment for merchandise or a service.

(b)

Individual responsibility plans

(1)

Assessment

The 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 general

On 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)

Timing

The 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

In addition to any other penalties required under the State program funded under this part, the State may reduce, by such amount as the State considers appropriate, the amount of assistance otherwise payable under the State program to a family that includes an individual who fails without good cause to comply with an individual responsibility plan signed by the individual.

(4)

State discretion

The exercise of the authority of this subsection shall be within the sole discretion of the State.

(c)

Sanctions against recipients not considered wage reductions

A penalty imposed by a State against the family of an individual by reason of the failure of the individual to comply with a requirement under the State program funded under this part shall not be construed to be a reduction in any wage paid to the individual.

(d)

Nondiscrimination provisions

The following provisions of law shall apply to any program or activity which receives funds provided under this part:

(1)

42 U.S.C. 6101 The Age Discrimination Act of 1975 ( et seq.).

(2)

Section 794 of title 29 .

(3)

42 U.S.C. 12101 The Americans with Disabilities Act of 1990 ( et seq.).

(4)

42 U.S.C. 2000d Title VI of the Civil Rights Act of 1964 ( et seq.).

(e)

Special rules relating to treatment of certain aliens

8 U.S.C. 1601For special rules relating to the treatment of certain aliens, see title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 [ et seq.].

(f)

Special rules relating to treatment of non-213A aliens

The 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 resources

For a period of 3 years after a non-213A alien enters the United States:

(A)

Income deeming rule

The 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

The resources of a sponsor of the alien and of any spouse of the sponsor are deemed to be resources of the alien to the extent that the aggregate value of the resources exceeds $1,500.

(C)

Sponsors of multiple non-213A aliens

If a person is a sponsor of 2 or more non-213A aliens who are living in the same home, the income and resources of the sponsor and any spouse of the sponsor that would be deemed income and resources of any such alien under subparagraph (A) shall be divided into a number of equal shares equal to the number of such aliens, and the State shall deem the income and resources of each such alien to include 1 such share.

(2)

Ineligibility of non-213A aliens sponsored by agencies; exception

A non-213A alien whose sponsor is or was a public or private agency shall be ineligible for assistance under a State program funded under this part, during a period of 3 years after the alien enters the United States, unless the State agency administering the program determines that the sponsor either no longer exists or has become unable to meet the alien’s needs.

(3)

Information provisions

(A)

Duties of non-213A aliens

A 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

The Secretary shall enter into agreements with the Secretary of State and the Attorney General under which any information available to them and required in order to make any determination under this subsection will be provided by them to the Secretary (who may, in turn, make the information available, upon request, to a concerned State agency).

(4)

“Non-213A alien” defined

8 U.S.C. 1183aAn alien is a non-213A alien for purposes of this subsection if the affidavit of support or similar agreement with respect to the alien that was executed by the sponsor of the alien’s entry into the United States was executed other than pursuant to section 213A of the Immigration and Nationality Act [].

(5)

Inapplicability to alien minor sponsored by a parent

This subsection shall not apply to an alien who is a minor child if the sponsor of the alien or any spouse of the sponsor is a parent of the alien.

(6)

Inapplicability to certain categories of aliens

This subsection shall not apply to an alien who is—

(A)

8 U.S.C. 1157 admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act [];

(B)

8 U.S.C. 1182(d)(5) paroled into the United States under section 212(d)(5) of such Act [] for a period of at least 1 year; or

(C)

8 U.S.C. 1158 granted political asylum by the Attorney General under section 208 of such Act [].

(g)

State required to provide certain information

section 603 of this titleEach State to which a grant is made under 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 not lawfully present in the United States.

Aug. 14, 1935, ch. 531 Pub. L. 104–193, title I, § 103(a)(1)Aug. 22, 1996110 Stat. 2134 Pub. L. 105–33, title VAug. 5, 1997111 Stat. 591 Pub. L. 109–171, title VII, § 7301(a)Feb. 8, 2006120 Stat. 141 Pub. L. 110–234, title IV, § 4002(b)(1)(B)May 22, 2008122 Stat. 1096 Pub. L. 110–246, § 4(a)June 18, 2008122 Stat. 1664 Pub. L. 112–96, title IV, § 4004(a)Feb. 22, 2012126 Stat. 197(, title IV, § 408, as added , , ; amended , §§ 5001(d), (h)(1), 5505, 5514(c), 5532(b)(2), 5581(a), , , 593, 610, 620, 626, 642; , , ; , (2)(V), , , 1097; , title IV, § 4002(b)(1)(B), (2)(V), , , 1857, 1858; , , .)

Editorial Notes

References in Text

Part D, referred to in subsec. (a)(2), (11)(B), is classified to section 651 et seq. of this title.

Pub. L. 88–525Aug. 31, 196478 Stat. 703 section 2011 of Title 7The Food and Nutrition Act of 2008, referred to in subsec. (a)(8), is , , , which is classified generally to chapter 51 (§ 2011 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

7 U.S.C. 2012(r)Pub. L. 113–79, title IV, § 4030(a)(4)Feb. 7, 2014128 Stat. 813 section 2012(q) of Title 7Section 3(r) of the Food and Nutrition Act of 2008 (), referred to in subsec. (a)(12)(B)(i), was redesignated as section 3(q) of the Food and Nutrition Act of 2008, by , , , and is classified to , Agriculture.

For effective date of this part, referred to in subsec. (b)(2)(B)(i), see Effective Date note set out below.

Pub. L. 94–135Nov. 28, 197589 Stat. 728 section 6101 of this titleThe Age Discrimination Act of 1975, referred to in subsec. (d)(1), is title III of , , , which is classified generally to chapter 76 (§ 6101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 101–336July 26, 1990104 Stat. 327 section 12101 of this titleThe Americans with Disabilities Act of 1990, referred to in subsec. (d)(3), is , , , which is classified principally to chapter 126 (§ 12101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 88–352July 2, 196478 Stat. 241 section 2000a of this titleThe Civil Rights Act of 1964, referred to in subsec. (d)(4), is , , . Title VI of the Act is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 104–193Aug. 22, 1996110 Stat. 2105The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, referred to in subsec. (e), is , , . Title IV of the Act is classified principally to chapter 14 (§ 1601 et seq.) of Title 8, Aliens and Nationality. For complete classification of title IV to the Code, see Tables.

Codification

Pub. L. 110–234 Pub. L. 110–246 Pub. L. 110–234 section 4(a) of Pub. L. 110–246 and made identical amendments to this section. The amendments by were repealed by .

Prior Provisions

act Aug. 14, 1935, ch. 531, title IV, § 408Dec. 19, 1989Pub. L. 101–239, title VIII, § 8004(a)103 Stat. 2454Oct. 31, 1994Pub. L. 103–432, title II, § 265(a)108 Stat. 4469 Pub. L. 104–193, § 103(a)(1)Pub. L. 105–33, title V, § 5514(c)Aug. 5, 1997111 Stat. 620A prior section 608, , as added , , ; amended , , , related to AFDC quality control system, prior to repeal by , as amended by , , .

act Aug. 14, 1935, ch. 531, title IV, § 408May 8, 1961Pub. L. 87–31, § 2 75 Stat. 76July 25, 1962Pub. L. 87–543, title I 76 Stat. 180Jan. 2, 1968Pub. L. 90–248, title II 81 Stat. 880June 17, 1980Pub. L. 96–272, title I 94 Stat. 513 Pub. L. 96–272, title I, § 101(a)(2)June 17, 198094 Stat. 512Sept. 30, 1980Another prior section 608, , as added , , ; amended , , §§ 101(b)(2)(D), 104(a)(3)(F), (G), 131(b), 135(a)–(d), 155(a), , 185, 193, 196, 197, 207; , , §§ 201(e)(4), 205(c), , 892; , , §§ 101(a)(5)(A), 102(b), , 515, related to payment to States for foster home care of dependent children, prior to repeal by , , , effective, with certain exceptions, to expenditures made after .

Amendments

Pub. L. 112–962012—Subsec. (a)(12). added par. (12).

Pub. L. 110–246, § 4002(b)(1)(B)2008—Subsec. (a)(8). , (2)(V), substituted “Food and Nutrition Act of 2008” for “Food Stamp Act of 1977”.

Pub. L. 109–1712006—Subsec. (a)(3). amended par. (3) generally. Prior to amendment, par. (3) prohibited a State from giving assistance under this part to families not assigning to the State certain rights to support accruing before the date the family ceased to receive assistance, with certain limitations, and prohibited a State from requiring the assignment of future support rights as a condition of providing assistance to a family.

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, § 5505(a)section 603 of this titleSubsec. (a)(1). , amended heading and text of par. (1) generally. Prior to amendment, text read as follows: “A State to which a grant is made under shall not use any part of the grant to provide assistance to a family—

“(A) unless the family includes—

“(i) a minor child who resides with a custodial parent or other adult caretaker relative of the child; or

“(ii) a pregnant individual; and

“(B) if the family includes an adult who has received assistance under any State program funded under this part attributable to funds provided by the Federal Government, for 60 months (whether or not consecutive) after the date the State program funded under this part commences (unless an exception described in subparagraph (B), (C), or (D) of paragraph (7) applies).”

Pub. L. 105–33, § 5505(b)Subsec. (a)(3). , substituted “ceases to receive assistance under” for “leaves” in introductory provisions and cl. (ii) of subpar. (A) and in subpar. (B) and substituted “after such date” for “after the date the family leaves the program” in introductory provisions of subpar. (A).

Pub. L. 105–33, § 5532(b)(2)Subsec. (a)(3)(A). , redesignated cls. (i) and (ii) as subcls. (I) and (II), respectively, of cl. (i) and added a new cl. (ii).

Pub. L. 105–33, § 5505(c)Subsec. (a)(5)(A)(ii). , made technical correction to heading in original.

Pub. L. 105–33, § 5505(d)(1)Subsec. (a)(7)(C)(ii). , substituted “The average monthly number” for “The number” and inserted “during the fiscal year or the immediately preceding fiscal year (but not both), as the State may elect” before period at end.

Pub. L. 105–33, § 5505(d)(2)Subsec. (a)(7)(D). , amended heading and text of subpar. (D) generally. Prior to amendment, text read as follows: “In determining the number of months for which an adult has received assistance under the State program funded under this part, the State shall disregard any month during which the adult lived on an Indian reservation or in an Alaskan Native village if, during the month—

“(i) at least 1,000 individuals were living on the reservation or in the village; and

“(ii) at least 50 percent of the adults living on the reservation or in the village were unemployed.”

Pub. L. 105–33, § 5001(d)Subsec. (a)(7)(G). , added subpar. (G).

Pub. L. 105–33, § 5001(h)(1)Subsecs. (c), (d). , added subsec. (c) and redesignated former subsec. (c) as (d). Former subsec. (d) redesignated (e).

Pub. L. 105–33, § 5505(e)section 1612 of title 8Subsec. (e). , added subsec. (e) and struck out heading and text of former subsec. (e). Text read as follows: “For special rules relating to the treatment of aliens, see .”

Pub. L. 105–33, § 5001(h)(1)(A), redesignated subsec. (d) as (e).

Subsec. (f). Pub. B. 105–33, § 5505(e), added subsec. (f).

Pub. L. 105–33, § 5581(a)Subsec. (g). , added subsec. (g).

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Pub. L. 110–234 Pub. L. 110–246May 22, 2008Pub. L. 110–234 section 4 of Pub. L. 110–246 section 8701 of Title 7Amendment of this section and repeal of by effective , the date of enactment of , except as otherwise provided, see , set out as an Effective Date note under , Agriculture.

Pub. L. 110–246Oct. 1, 2008section 4407 of Pub. L. 110–246 section 1161 of Title 2Amendment by section 4002(b)(1)(B), (2)(V) of effective , see , set out as a note under , The Congress.

Effective Date of 2006 Amendment

Pub. L. 109–171, title VII, § 7301(e)Feb. 8, 2006120 Stat. 144

“(1)

In general .—

section 6402 of Title 26October 1, 200942 U.S.C. 601Except as otherwise provided in this section, the amendments made by the preceding provisions of this section [amending this section, sections 654 and 657 of this title, and , Internal Revenue Code] shall take effect on , and shall apply to payments under parts A and D of title IV of the Social Security Act [ et seq., 651 et seq.] for calendar quarters beginning on or after such date, and without regard to whether regulations to implement the amendments (in the case of State programs operated under such part D) are promulgated by such date.

“(2)

State option to accelerate effective date .—

October 1, 2008September 30, 2009Notwithstanding paragraph (1), a State may elect to have the amendments made by the preceding provisions of this section apply to the State and to amounts collected by the State (and the payments under parts A and D), on and after such date as the State may select that is not earlier than , and not later than .”

, , , provided that:

Effective Date of 1997 Amendment

Pub. L. 105–33, title V, § 5001(h)(2)Aug. 5, 1997111 Stat. 593

Pub. L. 104–193“The amendments made by paragraph (1) [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 5505 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.

Pub. L. 105–33, title V, § 5557Aug. 5, 1997111 Stat. 637 Pub. L. 105–200, title IV, § 410(e)(1)July 16, 1998112 Stat. 673

“(a)

In General .—

Pub. L. 105–33 section 1738B of Title 28 section 655 of this title Public Law 104–193 110 Stat. 2105Except as provided in subsection (b), the amendments made by this chapter [chapter 3 (§§ 5531–5557) of subtitle F of title V of , amending this section, sections 652 to 654, 654b, 655, 656, 657 to 659, 663, 664, and 666 of this title, , Judiciary and Judicial Procedure, and provisions set out as a note under ] shall take effect as if included in the enactment of title III of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (; ).

“(b)

Exception .—

Public Law 104–193 110 Stat. 2112 section 666 of this titleOctober 1, 2000The amendments made by section 5532(b)(2) of this Act [amending this section] shall take effect as if the amendments had been included in the enactment of section 103(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (; ). The amendment made by section 5536(1)(A) [amending ] shall not take effect with respect to a State until , or such earlier date as the State may select.”

, , , as amended by , , , provided that:

Pub. L. 105–200, title IV, § 410(e)(2)July 16, 1998112 Stat. 673

section 5557 of Pub. L. 105–33 Public Law 105–33 111 Stat. 637“The amendment made by paragraph (1) [amending , set out above] shall take effect as if included in the enactment of section 5557 of the Balanced Budget Act of 1997 (; ).”

[, , , provided that: ]

Pub. L. 105–33, title V, § 5581(a)Aug. 5, 1997111 Stat. 642July 1, 1997, , , provided that the amendment made by that section is effective .

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 .

Abolition of Immigration and Naturalization Service and Transfer of Functions

section 1551 of Title 8For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under , Aliens and Nationality.