
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC602]

 
                 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. 602. Eligible States; State plan


(a) In general

    As used in this part, the term ``eligible State'' means, with 
respect to a fiscal year, a State that, during the 27-month period 
ending with the close of the 1st quarter of the fiscal year, has 
submitted to the Secretary a plan that the Secretary has found includes 
the following:

              (1) Outline of family assistance program

        (A) General provisions

            A written document that outlines how the State intends to do 
        the following:
                (i) Conduct a program, designed to serve all political 
            subdivisions in the State (not necessarily in a uniform 
            manner), that provides assistance to needy families with (or 
            expecting) children and provides parents with job 
            preparation, work, and support services to enable them to 
            leave the program and become self-sufficient.
                (ii) Require a parent or caretaker receiving assistance 
            under the program to engage in work (as defined by the 
            State) once the State determines the parent or caretaker is 
            ready to engage in work, or once the parent or caretaker has 
            received assistance under the program for 24 months (whether 
            or not consecutive), whichever is earlier, consistent with 
            section 607(e)(2) of this title.
                (iii) Ensure that parents and caretakers receiving 
            assistance under the program engage in work activities in 
            accordance with section 607 of this title.
                (iv) Take such reasonable steps as the State deems 
            necessary to restrict the use and disclosure of information 
            about individuals and families receiving assistance under 
            the program attributable to funds provided by the Federal 
            Government.
                (v) Establish goals and take action to prevent and 
            reduce the incidence of out-of-wedlock pregnancies, with 
            special emphasis on teenage pregnancies, and establish 
            numerical goals for reducing the illegitimacy ratio of the 
            State (as defined in section 603(a)(2)(C)(iii) of this 
            title) for calendar years 1996 through 2005.
                (vi) Conduct a program, designed to reach State and 
            local law enforcement officials, the education system, and 
            relevant counseling services, that provides education and 
            training on the problem of statutory rape so that teenage 
            pregnancy prevention programs may be expanded in scope to 
            include men.

        (B) Special provisions

            (i) The document shall indicate whether the State intends to 
        treat families moving into the State from another State 
        differently than other families under the program, and if so, 
        how the State intends to treat such families under the program.
            (ii) The document shall indicate whether the State intends 
        to provide assistance under the program to individuals who are 
        not citizens of the United States, and if so, shall include an 
        overview of such assistance.
            (iii) The document shall set forth objective criteria for 
        the delivery of benefits and the determination of eligibility 
        and for fair and equitable treatment, including an explanation 
        of how the State will provide opportunities for recipients who 
        have been adversely affected to be heard in a State 
        administrative or appeal process.
            (iv) Not later than 1 year after August 22, 1996, unless the 
        chief executive officer of the State opts out of this provision 
        by notifying the Secretary, a State shall, consistent with the 
        exception provided in section 607(e)(2) of this title, require a 
        parent or caretaker receiving assistance under the program who, 
        after receiving such assistance for 2 months is not exempt from 
        work requirements and is not engaged in work, as determined 
        under section 607(c) of this title, to participate in community 
        service employment, with minimum hours per week and tasks to be 
        determined by the State.

       (2) Certification that the State will operate a child 
                         support enforcement program

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

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

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

       (4) Certification of the administration of the program

        A certification by the chief executive officer of the State 
    specifying which State agency or agencies will administer and 
    supervise the program referred to in paragraph (1) for the fiscal 
    year, which shall include assurances that local governments and 
    private sector organizations--
            (A) have been consulted regarding the plan and design of 
        welfare services in the State so that services are provided in a 
        manner appropriate to local populations; and
            (B) have had at least 45 days to submit comments on the plan 
        and the design of such services.

     (5) Certification that the State will provide Indians with 
                       equitable access to assistance

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

      (6) Certification of standards and procedures to ensure 
                       against program fraud and abuse

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

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

        (A) In general

            At the option of the State, a certification by the chief 
        executive officer of the State that the State has established 
        and is enforcing standards and procedures to--
                (i) screen and identify individuals receiving assistance 
            under this part with a history of domestic violence while 
            maintaining the confidentiality of such individuals;
                (ii) refer such individuals to counseling and supportive 
            services; and
                (iii) waive, pursuant to a determination of good cause, 
            other program requirements such as time limits (for so long 
            as necessary) for individuals receiving assistance, 
            residency requirements, child support cooperation 
            requirements, and family cap provisions, in cases where 
            compliance with such requirements would make it more 
            difficult for individuals receiving assistance under this 
            part to escape domestic violence or unfairly penalize such 
            individuals who are or have been victimized by such 
            violence, or individuals who are at risk of further domestic 
            violence.

        (B) ``Domestic violence'' defined

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

(b) Plan amendments

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

(c) Public availability of State plan summary

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

(Aug. 14, 1935, ch. 531, title IV, Sec. 402, as added Pub. L. 104-193, 
title I, Sec. 103(a)(1), Aug. 22, 1996, 110 Stat. 2113; amended Pub. L. 
105-33, title V, Secs. 5501, 5514(c), Aug. 5, 1997, 111 Stat. 606, 620; 
Pub. L. 106-169, title IV, Sec. 401(a), Dec. 14, 1999, 113 Stat. 1858.)

                       References in Text

    Parts D and E of this subchapter, referred to in subsec. (a)(2), 
(3), are classified to sections 651 et seq. and 670 et seq., 
respectively, of this title.


                            Prior Provisions

    A prior section 602, acts Aug. 14, 1935, ch. 531, title IV, 
Sec. 402, 49 Stat. 627; Aug. 10, 1939, ch. 666, title IV, Sec. 401, 53 
Stat. 1379; Aug. 28, 1950, ch. 809, title III, pt. 2, Sec. 321, pt. 6, 
Sec. 361(c), (d), 64 Stat. 549, 558; Aug. 1, 1956, ch. 836, title III, 
Sec. 312(b), 70 Stat. 849; July 25, 1962, Pub. L. 87-543, title I, 
Secs. 103, 104(a)(2), (3)(A), (B), (5)(A), 106(b), 76 Stat. 185, 188; 
July 30, 1965, Pub. L. 89-97, title IV, Secs. 403(b), 410, 79 Stat. 418, 
423; Jan. 2, 1968, Pub. L. 90-248, title II, Secs. 201(a), (b), 202(a), 
(b), 204(b), (e), 205(a), 210(a)(2), 211(a), 213(b), 81 Stat. 877, 879, 
881, 890, 892, 895, 896, 898; Dec. 28, 1971, Pub. L. 92-223, 
Sec. 3(a)(1)-(7), 85 Stat. 803, 804; Oct. 30, 1972, Pub. L. 92-603, 
title II, Sec. 299E(c), title IV, Sec. 414(a), 86 Stat. 1462, 1492; Jan. 
4, 1975, Pub. L. 93-647, Secs. 3(a)(1), (2), (8), 101(c)(2)-(5), (8), 88 
Stat. 2348, 2349, 2359, 2360; Aug. 9, 1975, Pub. L. 94-88, title II, 
Secs. 202, 207, 208(a), 209, 89 Stat. 434, 436, 437; Dec. 20, 1977, Pub. 
L. 95-216, title IV, Sec. 403(c), 91 Stat. 1561; Apr. 1, 1980, Pub. L. 
96-222, title I, Sec. 101(a)(2)(A), 94 Stat. 195; June 9, 1980, Pub. L. 
96-265, title IV, Secs. 401(a)-(f), 403(a), 406(b), 94 Stat. 460-462, 
465, 466; June 17, 1980, Pub. L. 96-272, title I, Sec. 101(a)(3)(A), 
title III, Sec. 302(a), 94 Stat. 512, 528; Oct. 19, 1980, Pub. L. 96-
473, Sec. 6(f), 94 Stat. 2266; Aug. 13, 1981, Pub. L. 97-35, title 
XXIII, Secs. 2301-2306(a), 2310, 2313(b), (c)(1), 2314, 2315(a), 2316, 
2318, 2320(a), (b)(1), 2353(b)(1), (c), 95 Stat. 843-846, 852, 854-857, 
872; Sept. 3, 1982, Pub. L. 97-248, title I, Secs. 151(a), 152(a), 
154(a), 96 Stat. 395, 396; Oct. 13, 1982, Pub. L. 97-300, title VI, 
Sec. 603, formerly title V, Sec. 503, 96 Stat. 1398, renumbered title 
VI, Sec. 603, Nov. 7, 1988, Pub. L. 100-628, title VII, Sec. 712(a)(1), 
(2), 102 Stat. 3248; Jan. 6, 1983, Pub. L. 97-424, title V, Sec. 545(b), 
96 Stat. 2198; Apr. 20, 1983, Pub. L. 98-21, title IV, Sec. 404(b), 97 
Stat. 140; July 18, 1984, Pub. L. 98-369, div. B, title VI, Secs. 2621-
2624(a), 2625(a), 2626, 2628, 2629, 2631-2634, 2636, 2639(a), (c), 
2640(a), (c), 2642(a), (b), 2651(b)(1), (2), 2663(c)(1), (3)(B), (l)(1), 
98 Stat. 1134-1137, 1141, 1142, 1144-1146, 1149, 1165, 1166, 1171; Aug. 
16, 1984, Pub. L. 98-378, Sec. 9(a)(2), 98 Stat. 1316; Apr. 7, 1986, 
Pub. L. 99-272, title XII, Secs. 12303(a), 12304(a), 100 Stat. 292; Oct. 
22, 1986, Pub. L. 99-514, Sec. 2, title XVIII, Sec. 1883(a)(5)(B), 
(b)(1)(A), (2)(A), (B), (3)(A), (4), (5), 100 Stat. 2095, 2916, 2917; 
Nov. 6, 1986, Pub. L. 99-603, title II, Sec. 201(b)(1), title III, 
Secs. 302(b)(1), 303(e)(1), 100 Stat. 3403, 3422, 3431; Dec. 22, 1987, 
Pub. L. 100-203, title IX, Secs. 9102(b), 9133(b)(1), 101 Stat. 1330-
300, 1330-314; Oct. 13, 1988, Pub. L. 100-485, title I, Secs. 102(a), 
123(d), title II, Secs. 201(a), 202(b)(1)-(3), title III, Secs. 301, 
302(a), (b)(1), (c), 303(b)(3), (f)(2)(B), (C), 304(b)(2), title IV, 
Secs. 401(a)(1), (2)(A), (b)(2), (f), (h), 402(a)-(c), 403(a), 404(a), 
title VI, Secs. 604(a), 605(a), 102 Stat. 2346, 2353, 2356, 2377, 2382-
2384, 2392, 2393, 2395-2398, 2409; Dec. 19, 1989, Pub. L. 101-239, title 
X, Sec. 10403(a)(1)(B)(i), (C)(i), 103 Stat. 2487; Nov. 5, 1990, Pub. L. 
101-508, title V, Secs. 5051(a), (b), 5053(a), 5054(a), 5055(a), 
5060(a), 5081(a), (c), (d), title XI, Sec. 11115(a), 104 Stat. 1388-227 
to 1388-229, 1388-231, 1388-233, 1388-236, 1388-414; Aug. 10, 1993, Pub. 
L. 103-66, title XIII, Sec. 13742(a), 107 Stat. 663; Oct. 20, 1994, Pub. 
L. 103-382, title III, Sec. 394(k), 108 Stat. 4029; Oct. 31, 1994, Pub. 
L. 103-432, title II, Secs. 235(a), 264(c), 108 Stat. 4466, 4468; Aug. 
22, 1996, Pub. L. 104-193, title I, Sec. 103(c)(1), (2)(A), 110 Stat. 
2161, related to State plans for aid and services to needy families with 
children 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, 
effective July 1, 1997.


                               Amendments

    1999--Subsec. (a)(1)(B)(iv). Pub. L. 106-169 made technical 
amendment to reference in original act which appears in text as 
reference to August 22, 1996.
    1997--Pub. L. 105-33, Sec. 5514(c), made technical amendment to 
directory language of Pub. L. 104-193, Sec. 103(a)(1), which enacted 
this section.
    Subsec. (a). Pub. L. 105-33, Sec. 5501(a), substituted ``27-month 
period ending with the close of the 1st quarter of'' for ``2-year period 
immediately preceding'' in introductory provisions.
    Subsec. (a)(1)(A)(ii). Pub. L. 105-33, Sec. 5501(b), inserted ``, 
consistent with section 607(e)(2) of this title'' before period at end.
    Subsec. (a)(1)(A)(v). Pub. L. 105-33, Sec. 5501(c), substituted 
``section 603(a)(2)(C)(iii)'' for ``section 603(a)(2)(B)''.
    Subsec. (b). Pub. L. 105-33, Sec. 5501(d)(1), added subsec. (b). 
Former subsec. (b) redesignated (c).
    Subsec. (c). Pub. L. 105-34, Sec. 5501(d)(2), inserted ``or plan 
amendment'' after ``plan''.
    Pub. L. 105-33, Sec. 5501(d)(1), redesignated subsec. (b) as (c).


                    Effective Date of 1999 Amendment

    Pub. L. 106-169, title IV, Sec. 401(q), Dec. 14, 1999, 113 Stat. 
1859, provided that: ``Except as provided in subsection (l) [amending 
section 604 of this title and enacting provisions set out as a note 
under section 604 of this title], the amendments made by this section 
[amending this section and sections 604, 609, 613, 616, 629a, 652, 654, 
655, 657, 666, 671, and 1320b-7 of this title] shall take effect as if 
included in the enactment of the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996 (Public Law 104-193; 110 Stat. 
2105).''


                    Effective Date of 1997 Amendment

    Amendment by section 5514(c) of 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.
    Section 5518(a) of title V of Pub. L. 105-33 provided that: ``The 
amendments made by this chapter to a provision of part A of title IV of 
the Social Security Act [chapter 1 (Secs. 5501-5518) of subtitle F of 
title V of Pub. L. 105-33, amending this section and sections 603, 604, 
607, 608, 609, 611, 612, 613, and 616 of this title] shall take effect 
as if the amendments had been included in section 103(a) of the Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996 [Pub. L. 
104-193] at the time such section became law.''


                             Effective Date

    Section effective July 1, 1997, 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 section 116 of Pub. L. 104-193, as amended, set out as 
a note under section 601 of this title.


              Demonstration of Family Independence Program

    Section 9121 of Pub. L. 100-203 authorized State of Washington, upon 
application of State and approval by Secretary of Health and Human 
Services, to conduct demonstration project for purpose of testing 
whether operation of its Family Independence Program enacted in May 
1987, as alternative to AFDC program under this subchapter, would more 
effectively break the cycle of poverty and provide families with 
opportunities for economic independence and strengthened family 
functioning, prior to repeal by Pub. L. 104-193, title I, Sec. 110(b), 
Aug. 22, 1996, 110 Stat. 2171.


          Child Support Demonstration Program in New York State

    Section 9122 of Pub. L. 100-203 authorized State of New York, upon 
application by State and approval by Secretary of Health and Human 
Services, to conduct demonstration program in accordance with this 
section for purpose of testing State's Child Support Supplemental 
Program as alternative to the program of Aid to Families with Dependent 
Children under this subchapter, prior to repeal by Pub. L. 104-193, 
title I, Sec. 110(c), Aug. 22, 1996, 110 Stat. 2171.


          Utility Payments Made by Tenants in Assisted Housing

    Pub. L. 98-181, title II, Sec. 221, Nov. 30, 1983, 97 Stat. 1188, as 
amended by Pub. L. 98-479, title I, Sec. 102(g)(3), Oct. 17, 1984, 98 
Stat. 2222, provided that notwithstanding any other provision of law, 
for purposes of determining eligibility, or amount of benefits payable, 
under this part, any utility payment made in lieu of any rental payment 
by person living in dwelling unit in lower income housing project 
assisted under the United States Housing Act of 1937 (42 U.S.C. 1437 et 
seq.) or section 1715z-1 of Title 12, Banks and Banking, was to be 
considered to be shelter payment, prior to repeal by Pub. L. 104-193, 
title I, Sec. 110(d), Aug. 22, 1996, 110 Stat. 2171.


                          Exclusion From Income

    Section 159 of Pub. L. 97-248 provided that payments made under 
statutorily established State program to meet certain needs of children 
receiving aid under State's plan approved under this part were to be 
excluded from income of such children and their families for purposes of 
section 602(a)(17) of this title and for all other purposes of this part 
and of such plan, effective Sept. 3, 1982, if the payments were made to 
such children by State agency administering such plan, but were made 
without Federal financial participation under section 603(a) of this 
title or otherwise, and if State program had been continuously in effect 
since before Jan. 1, 1979, prior to repeal by Pub. L. 104-193, title I, 
Sec. 110(e), Aug. 22, 1996, 110 Stat. 2171.


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

    Section 202(d) of Pub. L. 90-248 provided that effective with 
respect to quarters beginning after June 30, 1968, in determining need 
of individuals claiming aid under State plan approved under this part, 
State was to apply provisions of this part notwithstanding any 
provisions of law other than this chapter requiring State to disregard 
earned income of such individuals in determining need under such State 
plan, prior to repeal by Pub. L. 104-193, title I, Sec. 110(f), Aug. 22, 
1996, 110 Stat. 2171.

                  Section Referred to in Other Sections

    This section is referred to in sections 603, 608, 609, 610, 618, 
657, 672, 673, 1308, 1315, 1396a, 1396b, 1396r-6, 1396v, 4728 of this 
title; title 7 sections 2015, 2026, 2031; title 25 sections 683, 686, 
689, 996; title 26 section 6402.
