
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: 42USC608]

 
                 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. 608. Prohibitions; requirements


(a) In general

        (1) No assistance for families without a minor child

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

        If the agency responsible for administering the State plan 
    approved under part D of this subchapter 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 section 654(29) of this title, 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

        (A) In general

            A State to which a grant is made under section 603 of this 
        title shall require, as a condition of providing assistance to a 
        family under the State program funded under this part, that a 
        member of the family assign to the State any rights 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 provided to the 
        family, which accrue (or have accrued) before the date the 
        family ceases to receive assistance under the program, which 
        assignment, on and after such date, shall not apply with respect 
        to any support (other than support collected pursuant to section 
        664 of this title) which accrued before the family received such 
        assistance and which the State has not collected by--
                (i)(I) September 30, 2000, if the assignment is executed 
            on or after October 1, 1997, and before October 1, 2000; or
                (II) the date the family ceases to receive assistance 
            under the program, if the assignment is executed on or after 
            October 1, 2000; or
                (ii) if the State elects to distribute collections under 
            section 657(a)(6) of this title, the date the family ceases 
            to receive assistance under the program, if the assignment 
            is executed on or after October 1, 1998.

        (B) Limitation

            A State to which a grant is made under section 603 of this 
        title shall not require, as a condition of providing assistance 
        to any family under the State program funded under this part, 
        that a member of the family assign to the State any rights to 
        support described in subparagraph (A) which accrue after the 
        date the family ceases to receive assistance under the program.

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

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

                Except as provided in subparagraph (B), a State to which 
            a grant is made under section 603 of this title 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

                In the case of an individual who is described in clause 
            (ii), the State agency referred to in section 602(a)(4) of 
            this title 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

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

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

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

        (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

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

        A State to which a grant is made under section 603 of this title 
    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 of this chapter, or the Food 
    Stamp Act of 1977 [7 U.S.C. 2011 et seq.], or benefits in 2 or more 
    States under the supplemental security income program under 
    subchapter XVI of this chapter. 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

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

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

            A State to which a grant is made under section 603 of this 
        title 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 section 602 of this title.

        (B) State authority to establish good cause exceptions

            The 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 section 602 of this title.

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

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

            A State to which a grant is made under section 603 of this 
        title and which has a State plan approved under subchapter XIX 
        of this chapter shall provide that in the case of a family that 
        is treated (under section 1396u-1(b)(1)(A) of this title for 
        purposes of subchapter XIX of this chapter) as receiving aid 
        under a State plan approved under this part (as in effect on 
        July 16, 1996), 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 section 602(a)(8)(B)(ii)(II) of this title (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 of this chapter 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 section 1396r-6(a)(2) of this 
        title.

        (B) Child support

            A State to which a grant is made under section 603 of this 
        title and which has a State plan approved under subchapter XIX 
        of this chapter shall provide that in the case of a family that 
        is treated (under section 1396u-1(b)(1)(A) of this title for 
        purposes of subchapter XIX of this chapter) as receiving aid 
        under a State plan approved under this part (as in effect on 
        July 16, 1996), that would become ineligible for such aid as a 
        result (wholly or partly) of the collection of child or spousal 
        support under part D of this subchapter 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 of this chapter for 
        an extended period or periods as provided in section 1396u-
        1(c)(1) of this title.

(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) of 
        this section 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 of this 
            subchapter (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) The Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.).
        (2) Section 794 of title 29.
        (3) The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 
    et seq.).
        (4) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et 
    seq.).

(e) Special rules relating to treatment of certain aliens

    For special rules relating to the treatment of certain aliens, see 
title IV of the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996.

(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

        An 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 [8 U.S.C. 1183a].

      (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) admitted to the United States as a refugee under section 
        207 of the Immigration and Nationality Act [8 U.S.C. 1157];
            (B) paroled into the United States under section 212(d)(5) 
        of such Act [8 U.S.C. 1182(d)(5)] for a period of at least 1 
        year; or
            (C) granted political asylum by the Attorney General under 
        section 208 of such Act [8 U.S.C. 1158].

(g) State required to provide certain information

    Each State to which a grant is made under section 603 of this title 
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, title IV, Sec. 408, as added Pub. L. 104-193, 
title I, Sec. 103(a)(1), Aug. 22, 1996, 110 Stat. 2134; amended Pub. L. 
105-33, title V, Secs. 5001(d), (h)(1), 5505, 5514(c), 5532(b)(2), 
5581(a), Aug. 5, 1997, 111 Stat. 591, 593, 610, 620, 626, 642.)

                       References in Text

    Part D of this subchapter, referred to in subsec. (a)(2), (11)(B), 
is classified to section 651 et seq. of this title.
    The Food Stamp Act of 1977, referred to in subsec. (a)(8), is Pub. 
L. 88-525, Aug. 31, 1964, 78 Stat. 703, as amended, which is classified 
generally to chapter 51 (Sec. 2011 et seq.) of Title 7, Agriculture. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 2011 of Title 7 and Tables.
    For effective date of this part, referred to in subsec. 
(b)(2)(B)(i), see Effective Date note set out below.
    The Age Discrimination Act of 1975, referred to in subsec. (d)(1), 
is title III of Pub. L. 94-135, Nov. 28, 1975, 89 Stat. 728, as amended, 
which is classified generally to chapter 76 (Sec. 6101 et seq.) of this 
title. For complete classification of this Act to the Code, see Short 
Title note set out under section 6101 of this title and Tables.
    The Americans with Disabilities Act of 1990, referred to in subsec. 
(d)(3), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327, which is 
classified principally to chapter 126 (Sec. 12101 et seq.) of this 
title. For complete classification of this Act to the Code, see Short 
Title note set out under section 12101 of this title and Tables.
    The Civil Rights Act of 1964, referred to in subsec. (d)(4), is Pub. 
L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the Act 
is classified generally to subchapter V (Sec. 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 section 2000a of this title and 
Tables.
    Title IV of the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996, referred to in subsec. (e), is title IV 
(Sec. 400 et seq.) of Pub. L. 104-193, Aug. 22, 1996, 110 Stat. 2260. 
For complete classification of title IV to the Code, see Tables.


                            Prior Provisions

    A prior section 608, act Aug. 14, 1935, ch. 531, title IV, Sec. 408, 
as added Dec. 19, 1989, Pub. L. 101-239, title VIII, Sec. 8004(a), 103 
Stat. 2454; amended Oct. 31, 1994, Pub. L. 103-432, title II, 
Sec. 265(a), 108 Stat. 4469, related to AFDC quality control system, 
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.
    Another prior section 608, act Aug. 14, 1935, ch. 531, title IV, 
Sec. 408, as added May 8, 1961, Pub. L. 87-31, Sec. 2, 75 Stat. 76; 
amended July 25, 1962, Pub. L. 87-543, title I, Secs. 101(b)(2)(D), 
104(a)(3)(F), (G), 131(b), 135(a)-(d), 155(a), 76 Stat. 180, 185, 193, 
196, 197, 207; Jan. 2, 1968, Pub. L. 90-248, title II, Secs. 201(e)(4), 
205(c), 81 Stat. 880, 892; June 17, 1980, Pub. L. 96-272, title I, 
Secs. 101(a)(5)(A), 102(b), 94 Stat. 513, 515, related to payment to 
States for foster home care of dependent children, prior to repeal by 
Pub. L. 96-272, title I, Sec. 101(a)(2), June 17, 1980, 94 Stat. 512, 
effective, with certain exceptions, to expenditures made after Sept. 30, 
1980.


                               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. (a)(1). Pub. L. 105-33, Sec. 5505(a), amended heading and 
text of par. (1) generally. Prior to amendment, text read as follows: 
``A State to which a grant is made under section 603 of this title 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).''
    Subsec. (a)(3). Pub. L. 105-33, Sec. 5505(b), 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).
    Subsec. (a)(3)(A). Pub. L. 105-33, Sec. 5532(b)(2), redesignated 
cls. (i) and (ii) as subcls. (I) and (II), respectively, of cl. (i) and 
added a new cl. (ii).
    Subsec. (a)(5)(A)(ii). Pub. L. 105-33, Sec. 5505(c), made technical 
correction to heading in original.
    Subsec. (a)(7)(C)(ii). Pub. L. 105-33, Sec. 5505(d)(1), 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.
    Subsec. (a)(7)(D). Pub. L. 105-33, Sec. 5505(d)(2), 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.''
    Subsec. (a)(7)(G). Pub. L. 105-33, Sec. 5001(d), added subpar. (G).
    Subsecs. (c), (d). Pub. L. 105-33, Sec. 5001(h)(1), added subsec. 
(c) and redesignated former subsec. (c) as (d). Former subsec. (d) 
redesignated (e).
    Subsec. (e). Pub. L. 105-33, Sec. 5505(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 section 
1612 of title 8.''
    Pub. L. 105-33, Sec. 5001(h)(1)(A), redesignated subsec. (d) as (e).
    Subsec. (f). Pub. B. 105-33, Sec. 5505(e), added subsec. (f).
    Subsec. (g). Pub. L. 105-33, Sec. 5581(a), added subsec. (g).


                    Effective Date of 1997 Amendment

    Section 5001(h)(2) of Pub. L. 105-33 provided that: ``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 [Pub. L. 
104-193].''
    Amendment by section 5505 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.
    Pub. L. 105-33, title V, Sec. 5557, Aug. 5, 1997, 111 Stat. 637, as 
amended by Pub. L. 105-200, title IV, Sec. 410(e)(1), July 16, 1998, 112 
Stat. 673, provided that:
    ``(a) In General.--Except as provided in subsection (b), the 
amendments made by this chapter [chapter 3 (Secs. 5531-5557) of subtitle 
F of title V of Pub. L. 105-33, amending this section, sections 652 to 
654, 654b, 655, 656, 657 to 659, 663, 664, and 666 of this title, 
section 1738B of Title 28, Judiciary and Judicial Procedure, and 
provisions set out as a note under section 655 of this title] shall take 
effect as if included in the enactment of title III of the Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996 (Public 
Law 104-193; 110 Stat. 2105).
    ``(b) Exception.--The 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 (Public 
Law 104-193; 110 Stat. 2112). The amendment made by section 5536(1)(A) 
[amending section 666 of this title] shall not take effect with respect 
to a State until October 1, 2000, or such earlier date as the State may 
select.''
    [Pub. L. 105-200, title IV, Sec. 410(e)(2), July 16, 1998, 112 Stat. 
673, provided that: ``The amendment made by paragraph (1) [amending 
section 5557 of Pub. L. 105-33, set out above] shall take effect as if 
included in the enactment of section 5557 of the Balanced Budget Act of 
1997 (Public Law 105-33; 111 Stat. 637).'']
    Section 5581(a) of Pub. L. 105-33 provided that the amendment made 
by that section is effective July 1, 1997.


                             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, 603, 609, 611, 652, 
654, 658, 664, 666 of this title; title 10 section 1408; title 11 
section 523.
