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-CITE-


    42 USC Sec. =
602                                             02/01/2010


-EXPCITE-


    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                 =20


    Part A - Block Grants to States for Temporary Assistance for Needy


              Families                               =20


-HEAD-


    Sec. 602. Eligible States; State plan


-STATUTE-


    (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) (!1) 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 -=20


          (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 -=20


            (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.


-SOURCE-


    (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.)


-REFTEXT-


                            REFERENCES IN TEXT                       =20


      Section 603(a)(2) of this title, referred to in subsec.


    (a)(1)(A)(v), was amended generally by Pub. L. 109-171, title VII,


    Sec. 7103(a), Feb. 8, 2006, 120 Stat. 138, and, as so amended, no


    longer defines "illegitimacy ratio".


      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.


-MISC1-


                             PRIOR PROVISIONS                        =20


      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                           =20


      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                =20


      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                =20


      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                         =20


      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          =20


      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      =20


      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      =20


      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                      =20


      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.


-FOOTNOTE-


    (!1) See References in Text note below.
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Office of the Law Revision Counsel, U.S. House of=20 Representatives
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