
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC601]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
 SUBCHAPTER IV--GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES 
              WITH CHILDREN AND FOR CHILD-WELFARE SERVICES
 
   Part A--Block Grants to States for Temporary Assistance for Needy 
                                Families
 
Sec. 601. Purpose


(a) In general

    The purpose of this part is to increase the flexibility of States in 
operating a program designed to--
        (1) provide assistance to needy families so that children may be 
    cared for in their own homes or in the homes of relatives;
        (2) end the dependence of needy parents on government benefits 
    by promoting job preparation, work, and marriage;
        (3) prevent and reduce the incidence of out-of-wedlock 
    pregnancies and establish annual numerical goals for preventing and 
    reducing the incidence of these pregnancies; and
        (4) encourage the formation and maintenance of two-parent 
    families.

(b) No individual entitlement

    This part shall not be interpreted to entitle any individual or 
family to assistance under any State program funded under this part.

(Aug. 14, 1935, ch. 531, title IV, Sec. 401, as added Pub. L. 104-193, 
title I, Sec. 103(a)(1), Aug. 22, 1996, 110 Stat. 2112; amended Pub. L. 
105-33, title V, Sec. 5514(c), Aug. 5, 1997, 111 Stat. 620.)


                            Prior Provisions

    A prior section 601, acts Aug. 14, 1935, ch. 531, title IV, 
Sec. 401, 49 Stat. 627; 1946 Reorg. Plan No. 2, Sec. 4, eff. July 16, 
1946, 11 F.R. 7873, 60 Stat. 1095; 1953 Reorg. Plan No. 1, Secs. 5, 8, 
eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Aug. 1, 1956, ch. 836, 
title III, Sec. 312(a), 70 Stat. 848; July 25, 1962, Pub. L. 87-543, 
title I, Sec. 104(a)(4), (c)(2), 76 Stat. 185, 186; Jan. 2, 1968, Pub. 
L. 90-248, title II, Sec. 241(b)(1), 81 Stat. 916, related to 
authorization of appropriations for Aid to Families With Dependent 
Children program prior to repeal by Pub. L. 104-193, Sec. 103(a)(1), as 
amended by Pub. L. 105-33, title V, Sec. 5514(c), Aug. 5, 1997, 111 
Stat. 620.


                               Amendments

    1997--Pub. L. 105-33 made technical amendment to directory language 
of Pub. L. 104-193, Sec. 103(a)(1), which enacted this section.


                    Effective Date of 1997 Amendment

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


                             Effective Date

    Section 116 of title I of Pub. L. 104-193, as amended by Pub. L. 
104-327, Sec. 1(a), (c), Oct. 19, 1996, 110 Stat. 4002, 4003; Pub. L. 
105-33, title V, Secs. 5516(b), 5517, Aug. 5, 1997, 111 Stat. 620, 621, 
provided that:
    ``(a) Effective Dates.--
        ``(1) In general.--Except as otherwise provided in this title 
    [see Tables for classification], this title and the amendments made 
    by this title shall take effect on July 1, 1997.
        ``(2) Delayed effective date for certain provisions.--
    Notwithstanding any other provision of this section (but subject to 
    subsection (b)(1)(A)(ii)), paragraphs (2), (3), (4), (5), (8), and 
    (10) of section 409(a) and section 411(a) of the Social Security Act 
    [sections 609(a) and 611(a) of this title] (as added by the 
    amendments made by section 103(a) of this Act) shall not take effect 
    with respect to a State until, and shall apply only with respect to 
    conduct that occurs on or after, the later of--
            ``(A) July 1, 1997; or
            ``(B) the date that is 6 months after the date the Secretary 
        of Health and Human Services receives from the State a plan 
        described in section 402(a) of the Social Security Act [section 
        602(a) of this title] (as added by such amendment).
        ``(3) Grants to outlying areas.--The amendments made by section 
    103(b) [amending section 1308 of this title] shall take effect on 
    October 1, 1996.
        ``(4) Elimination of child care programs.--The amendments made 
    by section 103(c) [amending sections 602 and 603 of this title] 
    shall take effect on October 1, 1996.
        ``(5) Definitions applicable to new child care entitlement.--
    Sections 403(a)(1)(C), 403(a)(1)(D), and 419(4) of the Social 
    Security Act [sections 603(a)(1)(C), (D) and 619(4) of this title], 
    as added by the amendments made by section 103(a) of this Act, shall 
    take effect on October 1, 1996.
        ``(6) Research, evaluations, and national studies.--Section 413 
    of the Social Security Act [section 613 of this title], as added by 
    the amendment made by section 103(a) of this Act, shall take effect 
    on the date of the enactment of this Act [Aug. 22, 1996].
    ``(b) Transition Rules.--Effective on the date of the enactment of 
this Act [Aug. 22, 1996]:
        ``(1) State option to accelerate effective date; limitation on 
    fiscal years 1996 and 1997 payments.--
            ``(A) In general.--If the Secretary of Health and Human 
        Services receives from a State a plan described in section 
        402(a) of the Social Security Act [section 602(a) of this title] 
        (as added by the amendment made by section 103(a)(1) of this 
        Act), then--
                ``(i) on and after the date of such receipt--
          ``(I) except as provided in clause (ii), this title and the 
                amendments made by this title (other than by section 
                103(c) of this Act [amending sections 602 and 603 of 
                this title]) shall apply with respect to the State; and
          ``(II) the State shall be considered an eligible State for 
                purposes of part A of title IV of the Social Security 
                Act [this part] (as in effect pursuant to the amendments 
                made by such section 103(a)); and
                ``(ii) during the period that begins on the date of such 
            receipt and ends on the later of June 30, 1997, or the day 
            before the date described in subsection (a)(2)(B) of this 
            section, there shall remain in effect with respect to the 
            State--
          ``(I) section 403(h) of the Social Security Act [section 
                603(h) of this title] (as in effect on September 30, 
                1995); and
          ``(II) all State reporting requirements under parts A and F of 
                title IV of the Social Security Act [this part and part 
                F of this subchapter] (as in effect on September 30, 
                1995), modified by the Secretary as appropriate, taking 
                into account the State program under part A of title IV 
                of the Social Security Act (as in effect pursuant to the 
                amendments made by such section 103(a)).
            ``(B) Limitations on federal obligations.--
                ``(i) Under afdc program.--The total obligations of the 
            Federal Government to a State under part A of title IV of 
            the Social Security Act (as in effect on September 30, 1995) 
            with respect to expenditures in fiscal year 1997 shall not 
            exceed an amount equal to the State family assistance grant.
                ``(ii) Under temporary family assistance program.--
            Notwithstanding section 403(a)(1) of the Social Security Act 
            [section 603(a)(1) of this title] (as in effect pursuant to 
            the amendments made by section 103(a) of this Act), the 
            total obligations of the Federal Government to a State under 
            such section 403(a)(1)--
          ``(I) for fiscal year 1996, shall be an amount equal to--
                        ``(aa) the State family assistance grant; 
                    multiplied by
                        ``(bb) \1/366\ of the number of days during the 
                    period that begins on the date the Secretary of 
                    Health and Human Services first receives from the 
                    State a plan described in section 402(a) of the 
                    Social Security Act [section 602(a) of this title] 
                    (as added by the amendment made by section 103(a)(1) 
                    of this Act) and ends on September 30, 1996; and
          ``(II) for fiscal year 1997, shall be an amount equal to the 
                lesser of--
                        ``(aa) the amount (if any) by which the sum of 
                    the State family assistance grant and the amount, if 
                    any, that the State would have been eligible to be 
                    paid under the Contingency Fund for State Welfare 
                    Programs established under section 403(b) of the 
                    Social Security Act [section 603(b) of this title] 
                    (as amended by section 103(a)(1) of this Act), 
                    during the period beginning on October 1, 1996, and 
                    ending on the date the Secretary of Health and Human 
                    Services first receives from the State a plan 
                    described in section 402(a) of the Social Security 
                    Act [section 602(a) of this title] (as so amended) 
                    if, with respect to such State, the effective date 
                    of this Act [title] under subsection (a)(1) were 
                    August 22, 1996, exceeds the total obligations of 
                    the Federal Government to the State under part A of 
                    title IV of the Social Security Act [this part] (as 
                    in effect on September 30, 1995) with respect to 
                    expenditures in fiscal year 1997; or
                        ``(bb) the sum of the State family assistance 
                    grant, multiplied by \1/365\ of the number of days 
                    during the period that begins on October 1, 1996, or 
                    the date the Secretary of Health and Human Services 
                    first receives from the State a plan described in 
                    section 402(a) of the Social Security Act (as added 
                    by the amendment made by section 103(a)(1) of this 
                    Act), whichever is later, and ends on September 30, 
                    1997, and the amount, if any, that the State would 
                    have been eligible to be paid under the Contingency 
                    Fund for State Welfare Programs established under 
                    section 403(b) of the Social Security Act (as 
                    amended by section 103(a)(1) of this Act), during 
                    the period beginning on October 1, 1996, and ending 
                    on the date the Secretary of Health and Human 
                    Services first receives from the State a plan 
                    described in section 402(a) of the Social Security 
                    Act (as so amended) if, with respect to such State, 
                    the effective date of this Act [title] under 
                    subsection (a)(1) were August 22, 1996.
                ``(iii) Child care obligations excluded in determining 
            federal afdc obligations.--As used in this subparagraph, the 
            term `obligations of the Federal Government to the State 
            under part A of title IV of the Social Security Act' does 
            not include any obligation of the Federal Government with 
            respect to child care expenditures by the State.
            ``(C) Submission of state plan for fiscal year 1996 or 1997 
        deemed acceptance of grant limitations and formula and 
        termination of afdc entitlement.--The submission of a plan by a 
        State pursuant to subparagraph (A) is deemed to constitute--
                ``(i) the State's acceptance of the grant reductions 
            under subparagraph (B) (including the formula for computing 
            the amount of the reduction); and
                ``(ii) the termination of any entitlement of any 
            individual or family to benefits or services under the State 
            AFDC program.
            ``(D) Definitions.--As used in this paragraph:
                ``(i) State afdc program.--The term `State AFDC program' 
            means the State program under parts A and F of title IV of 
            the Social Security Act (as in effect on September 30, 
            1995).
                ``(ii) State.--The term `State' means the 50 States and 
            the District of Columbia.
                ``(iii) State family assistance grant.--The term `State 
            family assistance grant' means the State family assistance 
            grant (as defined in section 403(a)(1)(B) of the Social 
            Security Act [section 603(a)(1)(B) of this title], as added 
            by the amendment made by section 103(a)(1) of this Act).
        ``(2) Claims, actions, and proceedings.--The amendments made by 
    this title [see Tables for classification] shall not apply with 
    respect to--
            ``(A) powers, duties, functions, rights, claims, penalties, 
        or obligations applicable to aid, assistance, or services 
        provided before the effective date of this title under the 
        provisions amended; and
            ``(B) administrative actions and proceedings commenced 
        before such date, or authorized before such date to be 
        commenced, under such provisions.
        ``(3) Closing out account for those programs terminated or 
    substantially modified by this title.--In closing out accounts, 
    Federal and State officials may use scientifically acceptable 
    statistical sampling techniques. Claims made with respect to State 
    expenditures under a State plan approved under part A of title IV of 
    the Social Security Act [this part] (as in effect on September 30, 
    1995) with respect to assistance or services provided on or before 
    September 30, 1995, shall be treated as claims with respect to 
    expenditures during fiscal year 1995 for purposes of reimbursement 
    even if payment was made by a State on or after October 1, 1995. 
    Each State shall complete the filing of all claims under the State 
    plan (as so in effect) within 2 years after the date of the 
    enactment of this Act [Aug. 22, 1996]. The head of each Federal 
    department shall--
            ``(A) use the single audit procedure to review and resolve 
        any claims in connection with the close out of programs under 
        such State plans; and
            ``(B) reimburse States for any payments made for assistance 
        or services provided during a prior fiscal year from funds for 
        fiscal year 1995, rather than from funds authorized by this 
        title.
        ``(4) Continuance in office of assistant secretary for family 
    support.--The individual who, on the day before the effective date 
    of this title, is serving as Assistant Secretary for Family Support 
    within the Department of Health and Human Services shall, until a 
    successor is appointed to such position--
            ``(A) continue to serve in such position; and
            ``(B) except as otherwise provided by law--
                ``(i) continue to perform the functions of the Assistant 
            Secretary for Family Support under section 417 of the Social 
            Security Act [section 617 of this title] (as in effect 
            before such effective date); and
                ``(ii) have the powers and duties of the Assistant 
            Secretary for Family Support under section 416 of the Social 
            Security Act [section 616 of this title] (as in effect 
            pursuant to the amendment made by section 103(a)(1) of this 
            Act).
    ``(c) Termination of Entitlement Under AFDC Program.--Effective 
October 1, 1996, no individual or family shall be entitled to any 
benefits or services under any State plan approved under part A or F of 
title IV of the Social Security Act [this part or part F of this 
subchapter] (as in effect on September 30, 1995).''


                         Congressional Findings

    Section 101 of Pub. L. 104-193 provided that: ``The Congress makes 
the following findings:
        ``(1) Marriage is the foundation of a successful society.
        ``(2) Marriage is an essential institution of a successful 
    society which promotes the interests of children.
        ``(3) Promotion of responsible fatherhood and motherhood is 
    integral to successful child rearing and the well-being of children.
        ``(4) In 1992, only 54 percent of single-parent families with 
    children had a child support order established and, of that 54 
    percent, only about one-half received the full amount due. Of the 
    cases enforced through the public child support enforcement system, 
    only 18 percent of the caseload has a collection.
        ``(5) The number of individuals receiving aid to families with 
    dependent children (in this section referred to as `AFDC') has more 
    than tripled since 1965. More than two-thirds of these recipients 
    are children. Eighty-nine percent of children receiving AFDC 
    benefits now live in homes in which no father is present.
            ``(A)(i) The average monthly number of children receiving 
        AFDC benefits--
                ``(I) was 3,300,000 in 1965;
                ``(II) was 6,200,000 in 1970;
                ``(III) was 7,400,000 in 1980; and
                ``(IV) was 9,300,000 in 1992.
            ``(ii) While the number of children receiving AFDC benefits 
        increased nearly threefold between 1965 and 1992, the total 
        number of children in the United States aged 0 to 18 has 
        declined by 5.5 percent.
            ``(B) The Department of Health and Human Services has 
        estimated that 12,000,000 children will receive AFDC benefits 
        within 10 years.
            ``(C) The increase in the number of children receiving 
        public assistance is closely related to the increase in births 
        to unmarried women. Between 1970 and 1991, the percentage of 
        live births to unmarried women increased nearly threefold, from 
        10.7 percent to 29.5 percent.
        ``(6) The increase of out-of-wedlock pregnancies and births is 
    well documented as follows:
            ``(A) It is estimated that the rate of nonmarital teen 
        pregnancy rose 23 percent from 54 pregnancies per 1,000 
        unmarried teenagers in 1976 to 66.7 pregnancies in 1991. The 
        overall rate of nonmarital pregnancy rose 14 percent from 90.8 
        pregnancies per 1,000 unmarried women in 1980 to 103 in both 
        1991 and 1992. In contrast, the overall pregnancy rate for 
        married couples decreased 7.3 percent between 1980 and 1991, 
        from 126.9 pregnancies per 1,000 married women in 1980 to 117.6 
        pregnancies in 1991.
            ``(B) The total of all out-of-wedlock births between 1970 
        and 1991 has risen from 10.7 percent to 29.5 percent and if the 
        current trend continues, 50 percent of all births by the year 
        2015 will be out-of-wedlock.
        ``(7) An effective strategy to combat teenage pregnancy must 
    address the issue of male responsibility, including statutory rape 
    culpability and prevention. The increase of teenage pregnancies 
    among the youngest girls is particularly severe and is linked to 
    predatory sexual practices by men who are significantly older.
            ``(A) It is estimated that in the late 1980's, the rate for 
        girls age 14 and under giving birth increased 26 percent.
            ``(B) Data indicates that at least half of the children born 
        to teenage mothers are fathered by adult men. Available data 
        suggests that almost 70 percent of births to teenage girls are 
        fathered by men over age 20.
            ``(C) Surveys of teen mothers have revealed that a majority 
        of such mothers have histories of sexual and physical abuse, 
        primarily with older adult men.
        ``(8) The negative consequences of an out-of-wedlock birth on 
    the mother, the child, the family, and society are well documented 
    as follows:
            ``(A) Young women 17 and under who give birth outside of 
        marriage are more likely to go on public assistance and to spend 
        more years on welfare once enrolled. These combined effects of 
        `younger and longer' increase total AFDC costs per household by 
        25 percent to 30 percent for 17-year-olds.
            ``(B) Children born out-of-wedlock have a substantially 
        higher risk of being born at a very low or moderately low birth 
        weight.
            ``(C) Children born out-of-wedlock are more likely to 
        experience low verbal cognitive attainment, as well as more 
        child abuse, and neglect.
            ``(D) Children born out-of-wedlock were more likely to have 
        lower cognitive scores, lower educational aspirations, and a 
        greater likelihood of becoming teenage parents themselves.
            ``(E) Being born out-of-wedlock significantly reduces the 
        chances of the child growing up to have an intact marriage.
            ``(F) Children born out-of-wedlock are 3 times more likely 
        to be on welfare when they grow up.
        ``(9) Currently 35 percent of children in single-parent homes 
    were born out-of-wedlock, nearly the same percentage as that of 
    children in single-parent homes whose parents are divorced (37 
    percent). While many parents find themselves, through divorce or 
    tragic circumstances beyond their control, facing the difficult task 
    of raising children alone, nevertheless, the negative consequences 
    of raising children in single-parent homes are well documented as 
    follows:
            ``(A) Only 9 percent of married-couple families with 
        children under 18 years of age have income below the national 
        poverty level. In contrast, 46 percent of female-headed 
        households with children under 18 years of age are below the 
        national poverty level.
            ``(B) Among single-parent families, nearly \1/2\ of the 
        mothers who never married received AFDC while only \1/5\ of 
        divorced mothers received AFDC.
            ``(C) Children born into families receiving welfare 
        assistance are 3 times more likely to be on welfare when they 
        reach adulthood than children not born into families receiving 
        welfare.
            ``(D) Mothers under 20 years of age are at the greatest risk 
        of bearing low birth weight babies.
            ``(E) The younger the single-parent mother, the less likely 
        she is to finish high school.
            ``(F) Young women who have children before finishing high 
        school are more likely to receive welfare assistance for a 
        longer period of time.
            ``(G) Between 1985 and 1990, the public cost of births to 
        teenage mothers under the aid to families with dependent 
        children program, the food stamp program, and the medicaid 
        program has been estimated at $120,000,000,000.
            ``(H) The absence of a father in the life of a child has a 
        negative effect on school performance and peer adjustment.
            ``(I) Children of teenage single parents have lower 
        cognitive scores, lower educational aspirations, and a greater 
        likelihood of becoming teenage parents themselves.
            ``(J) Children of single-parent homes are 3 times more 
        likely to fail and repeat a year in grade school than are 
        children from intact 2-parent families.
            ``(K) Children from single-parent homes are almost 4 times 
        more likely to be expelled or suspended from school.
            ``(L) Neighborhoods with larger percentages of youth aged 12 
        through 20 and areas with higher percentages of single-parent 
        households have higher rates of violent crime.
            ``(M) Of those youth held for criminal offenses within the 
        State juvenile justice system, only 29.8 percent lived primarily 
        in a home with both parents. In contrast to these incarcerated 
        youth, 73.9 percent of the 62,800,000 children in the Nation's 
        resident population were living with both parents.
        ``(10) Therefore, in light of this demonstration of the crisis 
    in our Nation, it is the sense of the Congress that prevention of 
    out-of-wedlock pregnancy and reduction in out-of-wedlock birth are 
    very important Government interests and the policy contained in part 
    A of title IV of the Social Security Act [this part] (as amended by 
    section 103(a) of this Act) is intended to address the crisis.''


                   Appropriation by State Legislatures

    Section 901 of Pub. L. 104-193 provided that:
    ``(a) In General.--Any funds received by a State under the 
provisions of law specified in subsection (b) shall be subject to 
appropriation by the State legislature, consistent with the terms and 
conditions required under such provisions of law.
    ``(b) Provisions of Law.--The provisions of law specified in this 
subsection are the following:
        ``(1) Part A of title IV of the Social Security Act [this part] 
    (relating to block grants for temporary assistance for needy 
    families).
        ``(2) The Child Care and Development Block Grant Act of 1990 [42 
    U.S.C. 9858 et seq.] (relating to block grants for child care).''

                  Section Referred to in Other Sections

    This section is referred to in section 603 of this title.
