
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: 42USC607]

 
                 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. 607. Mandatory work requirements


(a) Participation rate requirements

                          (1) All families

        A State to which a grant is made under section 603 of this title 
    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:


                                                          The minimum
                 If the fiscal year is:               participation rate
                                                              is:

    1997............................................              25
    1998............................................              30
    1999............................................              35
    2000............................................              40
    2001............................................              45
    2002 or thereafter..............................               50.


                        (2) 2-parent families

        A State to which a grant is made under section 603 of this title 
    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:


                                                          The minimum
                 If the fiscal year is:               participation rate
                                                              is:

      1997..........................................              75
      1998..........................................              75
    1999 or thereafter..............................               90.


(b) Calculation of participation rates

                          (1) All families

        (A) Average monthly rate

            For purposes of subsection (a)(1) of this section, 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) the number of families receiving assistance under 
            the State program funded under this part 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) of this section 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) of this section, 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) the average monthly number of families receiving 
            assistance during the immediately preceding fiscal year 
            under the State program funded under this part is less than
                (ii) the average monthly number of families that 
            received aid under the State plan approved under part A of 
            this subchapter (as in effect on September 30, 1995) during 
            fiscal year 1995.

        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 
        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 September 30, 1995). 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

        For 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 
    section 612 of this title 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) of this section for not more than 12 months.

(c) Engaged in work

                          (1) General rules

        (A) All families

            For purposes of subsection (b)(1)(B)(i) of this section, 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) of this section, subject to this subsection:

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

        (B) 2-parent families

            For purposes of subsection (b)(2)(B) of this section, 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) of this section, 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) of this section.

                  (2) Limitations and special rules

        (A) Number of weeks for which job search counts as work

            (i) Limitation

                Notwithstanding 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 this section of a State program funded 
            under this part, 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 section 603(b)(6) of this 
            title), 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) of this section 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) of this section, 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) of this section, 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) of this 
        section, 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

        Except as provided in paragraph (2), if an individual in a 
    family receiving assistance under the State program funded under 
    this part 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

        Notwithstanding paragraph (1), a State may not reduce or 
    terminate assistance under the State program funded under this part 
    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) of this section.

                 (2) No filling of certain vacancies

        No adult in a work activity described in subsection (d) of this 
    section 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) Review of implementation of State work programs

    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.

(Aug. 14, 1935, ch. 531, title IV, Sec. 407, as added Pub. L. 104-193, 
title I, Sec. 103(a)(1), Aug. 22, 1996, 110 Stat. 2129; amended Pub. L. 
105-33, title V, Secs. 5003(a), 5504, 5514(c), Aug. 5, 1997, 111 Stat. 
594, 609, 620.)


                            Prior Provisions

    A prior section 607, act Aug. 14, 1935, ch. 531, title IV, Sec. 407, 
as added May 8, 1961, Pub. L. 87-31, Sec. 1, 75 Stat. 75; amended July 
25, 1962, Pub. L. 87-543, title I, Secs. 104(a)(3)(E), 131(a), 134, 76 
Stat. 185, 193, 196; Oct. 13, 1964, Pub. L. 88-641, Sec. 2(b), 78 Stat. 
1042; June 29, 1967, Pub. L. 90-36, Sec. 2, 81 Stat. 94; Jan. 2, 1968, 
Pub. L. 90-248, title II, Sec. 203(a), 81 Stat. 882; June 28, 1968, Pub. 
L. 90-364, title III, Sec. 302, 82 Stat. 273; Dec. 28, 1971, Pub. L. 92-
223, Sec. 3(a)(10), (11), 85 Stat. 805; Oct. 20, 1976, Pub. L. 94-566, 
title V, Sec. 507(a), (b), (d), 90 Stat. 2688; Aug. 13, 1981, Pub. L. 
97-35, title XXIII, Secs. 2313(a), (c)(2), 2353(q), 95 Stat. 853, 854, 
874; July 18, 1984, Pub. L. 98-369, div. B, title VI, Sec. 2663(c)(4), 
(j)(3)(B)(ii), 98 Stat. 1166, 1171; Oct. 13, 1988, Pub. L. 100-485, 
title II, Sec. 202(b)(7)-(11), title IV, Sec. 401(a)(2)(B), (C), (b)(1), 
(3), (c), (h), 102 Stat. 2377, 2378, 2394-2396; Nov. 10, 1988, Pub. L. 
100-647, title VIII, Sec. 8105(1)-(3), (5), 102 Stat. 3797; Dec. 19, 
1989, Pub. L. 101-239, title X, Sec. 10403(a)(1)(A)(i), (2), 103 Stat. 
2487, 2488; Nov. 5, 1990, Pub. L. 101-508, title V, Secs. 5061(a), 
5062(a), 104 Stat. 1388-231, 1388-232, related to dependent children of 
unemployed parents, 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, Sec. 5514(c), made technical amendment to 
directory language of Pub. L. 104-193, Sec. 103(a)(1), which enacted 
this section.
    Subsec. (b)(2)(C). Pub. L. 105-33, Sec. 5504(a), added subpar. (C).
    Subsec. (b)(3). Pub. L. 105-33, Sec. 5504(b), inserted ``and not 
resulting from changes in State eligibility criteria'' after ``Federal 
law'' in heading.
    Subsec. (b)(4). Pub. L. 105-33, Sec. 5504(c), 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.
    Subsec. (c)(1)(B). Pub. L. 105-33, Sec. 5504(e), substituted 
``participating'' for ``making progress'' in cls. (i) and (ii).
    Subsec. (c)(1)(B)(i). Pub. L. 105-33, Sec. 5504(d)(1), substituted 
``and the other parent in the family are'' for ``is'' and inserted ``a 
total of'' before ``at least''.
    Subsec. (c)(1)(B)(ii). Pub. L. 105-33, Sec. 5504(d)(2), 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)''.
    Subsec. (c)(2)(A)(i). Pub. L. 105-33, Sec. 5504(f), inserted ``or 
the State is a needy State (within the meaning of section 603(b)(6) of 
this title)'' after ``United States''.
    Subsec. (c)(2)(B). Pub. L. 105-33, Sec. 5504(g), 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''.
    Subsec. (c)(2)(C). Pub. L. 105-33, Sec. 5504(h), 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''.
    Subsec. (c)(2)(C)(ii). Pub. L. 105-33, Sec. 5504(i), 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''.
    Subsec. (c)(2)(D). Pub. L. 105-33, Sec. 5003(a), 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.''
    Subsec. (e)(2). Pub. L. 105-33, Sec. 5504(j), substituted ``engage 
in work required in accordance with this section'' for ``work'' in 
introductory provisions.


                    Effective Date of 1997 Amendment

    Section 5003(b) of Pub. L. 105-33 provided that: ``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 
[Pub. L. 104-193].''
    Amendment by section 5504 of Pub. L. 105-33 effective as if 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 
103(a) became law, see section 5518(a) of Pub. L. 105-33, set out as a 
note under section 602 of this title.
    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.


                             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.

                  Section Referred to in Other Sections

    This section is referred to in sections 602, 604, 609, 611, 612, 
613, 615, 666, 672, 673, 1315, 1396d, 1396u-1, 1437j of this title; 
title 26 section 32.
