
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-554 Section 1(a)(1)]
[CITE: 42USC612]

 
                 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. 612. Direct funding and administration by Indian tribes


(a) Grants for Indian tribes

                 (1) Tribal family assistance grant

        (A) In general

            For each of fiscal years 1997, 1998, 1999, 2000, 2001, and 
        2002, the Secretary shall pay to each Indian tribe that has an 
        approved tribal family assistance plan a tribal family 
        assistance grant for the fiscal year in an amount equal to the 
        amount determined under subparagraph (B), which shall be reduced 
        for a fiscal year, on a pro rata basis for each quarter, in the 
        case of a tribal family assistance plan approved during a fiscal 
        year for which the plan is to be in effect, and shall reduce the 
        grant payable under section 603(a)(1) of this title to any State 
        in which lies the service area or areas of the Indian tribe by 
        that portion of the amount so determined that is attributable to 
        expenditures by the State.

        (B) Amount determined

            (i) In general

                The amount determined under this subparagraph is an 
            amount equal to the total amount of the Federal payments to 
            a State or States under section 603 of this title (as in 
            effect during such fiscal year) for fiscal year 1994 
            attributable to expenditures (other than child care 
            expenditures) by the State or States under parts A and F of 
            this subchapter (as so in effect) for fiscal year 1994 for 
            Indian families residing in the service area or areas 
            identified by the Indian tribe pursuant to subsection 
            (b)(1)(C) of this section.
            (ii) Use of State submitted data

                (I) In general

                    The Secretary shall use State submitted data to make 
                each determination under clause (i).
                (II) Disagreement with determination

                    If an Indian tribe or tribal organization disagrees 
                with State submitted data described under subclause (I), 
                the Indian tribe or tribal organization may submit to 
                the Secretary such additional information as may be 
                relevant to making the determination under clause (i) 
                and the Secretary may consider such information before 
                making such determination.

        (2) Grants for Indian tribes that received jobs funds

        (A) In general

            For each of fiscal years 1997, 1998, 1999, 2000, 2001, and 
        2002, the Secretary shall pay to each eligible Indian tribe that 
        proposes to operate a program described in subparagraph (C) a 
        grant in an amount equal to the amount received by the Indian 
        tribe in fiscal year 1994 under section 682(i) of this title (as 
        in effect during fiscal year 1994).

        (B) Eligible Indian tribe

            For purposes of subparagraph (A), the term ``eligible Indian 
        tribe'' means an Indian tribe or Alaska Native organization that 
        conducted a job opportunities and basic skills training program 
        in fiscal year 1995 under section 682(i) of this title (as in 
        effect during fiscal year 1995).

        (C) Use of grant

            Each Indian tribe to which a grant is made under this 
        paragraph shall use the grant for the purpose of operating a 
        program to make work activities available to such population and 
        such service area or areas as the tribe specifies.

        (D) Appropriation

            Out of any money in the Treasury of the United States not 
        otherwise appropriated, there are appropriated $7,633,287 for 
        each fiscal year specified in subparagraph (A) for grants under 
        subparagraph (A).

                     (3) Welfare-to-work grants

        (A) In general

            The Secretary of Labor shall award a grant in accordance 
        with this paragraph to an Indian tribe for each fiscal year 
        specified in section 603(a)(5)(I) of this title for which the 
        Indian tribe is a welfare-to-work tribe, in such amount as the 
        Secretary of Labor deems appropriate, subject to subparagraph 
        (B) of this paragraph.

        (B) Welfare-to-work tribe

            An Indian tribe shall be considered a welfare-to-work tribe 
        for a fiscal year for purposes of this paragraph if the Indian 
        tribe meets the following requirements:
                (i) The Indian tribe has submitted to the Secretary of 
            Labor a plan which describes how, consistent with section 
            603(a)(5) of this title, the Indian tribe will use any funds 
            provided under this paragraph during the fiscal year. If the 
            Indian tribe has a tribal family assistance plan, the plan 
            referred to in the preceding sentence shall be in the form 
            of an addendum to the tribal family assistance plan.
                (ii) The Indian tribe is operating a program under a 
            tribal family assistance plan approved by the Secretary of 
            Health and Human Services, a program described in paragraph 
            (2)(C), or an employment program funded through other 
            sources under which substantial services are provided to 
            recipients of assistance under a program funded under this 
            part.
                (iii) The Indian tribe has provided the Secretary of 
            Labor with an estimate of the amount that the Indian tribe 
            intends to expend during the fiscal year (excluding tribal 
            expenditures described in section 609(a)(7)(B)(iv) (other 
            than subclause (III) thereof) of this title) pursuant to 
            this paragraph.
                (iv) The Indian tribe has agreed to negotiate in good 
            faith with the Secretary of Health and Human Services with 
            respect to the substance and funding of any evaluation under 
            section 613(j) of this title, and to cooperate with the 
            conduct of any such evaluation.

        (C) Limitations on use of funds

            (i) In general

                Section 603(a)(5)(C) of this title shall apply to funds 
            provided to Indian tribes under this paragraph in the same 
            manner in which such section applies to funds provided under 
            section 603(a)(5) of this title.
            (ii) Waiver authority

                The Secretary of Labor may waive or modify the 
            application of a provision of section 603(a)(5)(C) (other 
            than clause (viii) thereof) of this title with respect to an 
            Indian tribe to the extent necessary to enable the Indian 
            tribe to operate a more efficient or effective program with 
            the funds provided under this paragraph.
            (iii) Regulations

                Within 90 days after August 5, 1997, the Secretary of 
            Labor, after consultation with the Secretary of Health and 
            Human Services and the Secretary of Housing and Urban 
            Development, shall prescribe such regulations as may be 
            necessary to implement this paragraph.

(b) 3-year tribal family assistance plan

                           (1) In general

        Any Indian tribe that desires to receive a tribal family 
    assistance grant shall submit to the Secretary a 3-year tribal 
    family assistance plan that--
            (A) outlines the Indian tribe's approach to providing 
        welfare-related services for the 3-year period, consistent with 
        this section;
            (B) specifies whether the welfare-related services provided 
        under the plan will be provided by the Indian tribe or through 
        agreements, contracts, or compacts with intertribal consortia, 
        States, or other entities;
            (C) identifies the population and service area or areas to 
        be served by such plan;
            (D) provides that a family receiving assistance under the 
        plan may not receive duplicative assistance from other State or 
        tribal programs funded under this part;
            (E) identifies the employment opportunities in or near the 
        service area or areas of the Indian tribe and the manner in 
        which the Indian tribe will cooperate and participate in 
        enhancing such opportunities for recipients of assistance under 
        the plan consistent with any applicable State standards; and
            (F) applies the fiscal accountability provisions of section 
        5(f)(1) of the Indian Self-Determination and Education 
        Assistance Act (25 U.S.C. 450c(f)(1)), relating to the 
        submission of a single-agency audit report required by chapter 
        75 of title 31.

                            (2) Approval

        The Secretary shall approve each tribal family assistance plan 
    submitted in accordance with paragraph (1).

                      (3) Consortium of tribes

        Nothing in this section shall preclude the development and 
    submission of a single tribal family assistance plan by the 
    participating Indian tribes of an intertribal consortium.

(c) Minimum work participation requirements and time limits

    The Secretary, with the participation of Indian tribes, shall 
establish for each Indian tribe receiving a grant under this section 
minimum work participation requirements, appropriate time limits for 
receipt of welfare-related services under the grant, and penalties 
against individuals--
        (1) consistent with the purposes of this section;
        (2) consistent with the economic conditions and resources 
    available to each tribe; and
        (3) similar to comparable provisions in section 607(e) of this 
    title.

(d) Emergency assistance

    Nothing in this section shall preclude an Indian tribe from seeking 
emergency assistance from any Federal loan program or emergency fund.

(e) Accountability

    Nothing in this section shall be construed to limit the ability of 
the Secretary to maintain program funding accountability consistent 
with--
        (1) generally accepted accounting principles; and
        (2) the requirements of the Indian Self-Determination and 
    Education Assistance Act (25 U.S.C. 450 et seq.).

(f) Eligibility for Federal loans

    Section 606 of this title shall apply to an Indian tribe with an 
approved tribal assistance plan in the same manner as such section 
applies to a State, except that section 606(c) of this title shall be 
applied by substituting ``section 612(a)'' for ``section 603(a)''.

(g) Penalties

    (1) Subsections (a)(1), (a)(6), (b), and (c) of section 609 of this 
title, shall apply to an Indian tribe with an approved tribal assistance 
plan in the same manner as such subsections apply to a State.
    (2) Section 609(a)(3) of this title shall apply to an Indian tribe 
with an approved tribal assistance plan by substituting ``meet minimum 
work participation requirements established under section 612(c) of this 
title'' for ``comply with section 607(a) of this title''.

(h) Data collection and reporting

    Section 611 of this title shall apply to an Indian tribe with an 
approved tribal family assistance plan.

(i) Special rule for Indian tribes in Alaska

                           (1) In general

        Notwithstanding any other provision of this section, and except 
    as provided in paragraph (2), an Indian tribe in the State of Alaska 
    that receives a tribal family assistance grant under this section 
    shall use the grant to operate a program in accordance with 
    requirements comparable to the requirements applicable to the 
    program of the State of Alaska funded under this part. Comparability 
    of programs shall be established on the basis of program criteria 
    developed by the Secretary in consultation with the State of Alaska 
    and such Indian tribes.

                             (2) Waiver

        An Indian tribe described in paragraph (1) may apply to the 
    appropriate State authority to receive a waiver of the requirement 
    of paragraph (1).

(Aug. 14, 1935, ch. 531, title IV, Sec. 412, as added Pub. L. 104-193, 
title I, Sec. 103(a)(1), Aug. 22, 1996, 110 Stat. 2150; amended Pub. L. 
105-33, title V, Secs. 5001(c), 5508, 5514(c), Aug. 5, 1997, 111 Stat. 
589, 617, 620; Pub. L. 106-113, div. B, Sec. 1000(a)(4) [title VIII, 
Sec. 801(b)(2)], Nov. 29, 1999, 113 Stat. 1535, 1501A-283.)

                       References in Text

    Part F of this subchapter, referred to in subsec. (a)(1)(B)(i), was 
classified to section 681 et seq. of this title, prior to repeal by Pub. 
L. 104-193, title I, Sec. 108(e), Aug. 22, 1996, 110 Stat. 2167.
    Section 682 of this title, referred to in subsec. (a)(2)(A), (B), 
was repealed by Pub. L. 104-193, title I, Sec. 108(e), Aug. 22, 1996, 
110 Stat. 2167.
    The Indian Self-Determination and Education Assistance Act, referred 
to in subsec. (e)(2), is Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2203, as 
amended, which is classified principally to subchapter II (Sec. 450 et 
seq.) of chapter 14 of Title 25, Indians. For complete classification of 
this Act to the Code, see Short Title note set out under section 450 of 
Title 25 and Tables.


                            Prior Provisions

    A prior section 612, act Aug. 14, 1935, ch. 531, title IV, Sec. 412, 
as added June 17, 1980, Pub. L. 96-272, title III, Sec. 303, 94 Stat. 
528; amended Aug. 13, 1981, Pub. L. 97-35, title XXIII, Sec. 2306(b), 95 
Stat. 846; Sept. 3, 1982, Pub. L. 97-248, title I, Sec. 155(a), 96 Stat. 
397, related to prorating shelter allowance for AFDC family living with 
another household, 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

    1999--Subsec. (a)(3)(C)(ii). Pub. L. 106-113 substituted ``clause 
(viii)'' for ``clause (vii)''.
    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)(A). Pub. L. 105-33, Sec. 5508(a), inserted ``which 
shall be reduced for a fiscal year, on a pro rata basis for each 
quarter, in the case of a tribal family assistance plan approved during 
a fiscal year for which the plan is to be in effect,'' before ``and 
shall''.
    Subsec. (a)(2)(A). Pub. L. 105-33, Sec. 5508(b), substituted ``For 
each of fiscal years 1997, 1998, 1999, 2000, 2001, and 2002, the 
Secretary shall pay to each eligible Indian tribe that proposes to 
operate a program described in subparagraph (C)'' for ``The Secretary 
shall pay to each eligible Indian tribe for each of fiscal years 1997, 
1998, 1999, 2000, 2001, and 2002''.
    Subsec. (a)(2)(C). Pub. L. 105-33, Sec. 5508(c), substituted ``such 
population and such service area or areas as the tribe specifies'' for 
``members of the Indian tribe''.
    Subsec. (a)(2)(D). Pub. L. 105-33, Sec. 5508(d), substituted 
``$7,633,287'' for ``$7,638,474''.
    Subsec. (a)(3). Pub. L. 105-33, Sec. 5001(c), added par. (3).
    Subsec. (f). Pub. L. 105-33, Sec. 5508(f), added subsec. (f). Former 
subsec. (f) redesignated (g).
    Subsec. (f)(1). Pub. L. 105-33, Sec. 5508(e), substituted ``(b), and 
(c)'' for ``and (b)''.
    Subsecs. (g) to (i). Pub. L. 105-33, Sec. 5508(f), redesignated 
subsecs. (f) to (h) as (g) to (i), respectively.


                    Effective Date of 1999 Amendment

    For effective date of amendment by Pub. L. 106-113, see section 
1000(a)(4) [title VIII, Sec. 801(e)] of Pub. L. 106-113, set out as a 
note under section 603 of this title.


                    Effective Date of 1997 Amendment

    Amendment by section 5508 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, 603, 605, 606, 607, 
609, 613 of this title.
