1995 US Code
Title 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 6 - THE CHILDREN'S BUREAU
SUBCHAPTER IV_2 - SUBCHAPTER IV-GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE SERVICES
Part A - Aid to Families With Dependent Children
Sec. 602 - State plans for aid and services to needy families with children; contents; approval by Secretary; records and reports; treatment of earned income advances

View Metadata
Metadata
Publication TitleUnited States Code, 1994 Edition, Supplement 1, Title 42 - THE PUBLIC HEALTH AND WELFARE
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 6 - THE CHILDREN'S BUREAU
SUBCHAPTER IV_2 - SUBCHAPTER IV-GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE SERVICES
Part A - Aid to Families With Dependent Children
Sec. 602 - State plans for aid and services to needy families with children; contents; approval by Secretary; records and reports; treatment of earned income advances
Containssection 602
Date1995
Laws in Effect as of DateJanuary 16, 1996
Positive LawNo
Dispositionstandard
Source CreditAug. 14, 1935, ch. 531, title IV, §402, 49 Stat. 627; Aug. 10, 1939, ch. 666, title IV, §401, 53 Stat. 1379; Aug. 28, 1950, ch. 809, title III, pt. 2, §321, pt. 6, §361(c), (d), 64 Stat. 549, 558; Aug. 1, 1956, ch. 836, title III, §312(b), 70 Stat. 849; July 25, 1962, Pub. L. 87-543, title I, §§103, 104(a)(2), (3)(A), (B), (5)(A), 106(b), 76 Stat. 185, 188; July 30, 1965, Pub. L. 89-97, title IV, §§403(b), 410, 79 Stat. 418, 423; Jan. 2, 1968, Pub. L. 90-248, title II, §§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, §3(a)(1)-(7), 85 Stat. 803, 804; Oct. 30, 1972, Pub. L. 92-603, title II, §299E(c), title IV, §414(a), 86 Stat. 1462, 1492; Jan. 4, 1975, Pub. L. 93-647, §§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, §§202, 207, 208(a), 209, 89 Stat. 434, 436, 437; Dec. 20, 1977, Pub. L. 95-216, title IV, §403(c), 91 Stat. 1561; Apr. 1, 1980, Pub. L. 96-222, title I, §101(a)(2)(A), 94 Stat. 195; June 9, 1980, Pub. L. 96-265, title IV, §§401(a)-(f), 403(a), 406(b), 94 Stat. 460-462, 465, 466; June 17, 1980, Pub. L. 96-272, title I, §101(a)(3)(A), title III, §302(a), 94 Stat. 512, 528; Oct. 19, 1980, Pub. L. 96-473, §6(f), 94 Stat. 2266; Aug. 13, 1981, Pub. L. 97-35, title XXIII, §§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, §§151(a), 152(a), 154(a), 96 Stat. 395, 396; Oct. 13, 1982, Pub. L. 97-300, title VI, §603, formerly title V, §503, 96 Stat. 1398, renumbered title VI, §603, Nov. 7, 1988, Pub. L. 100-628, title VII, §712(a)(1), (2), 102 Stat. 3248; Jan. 6, 1983, Pub. L. 97-424, title V, §545(b), 96 Stat. 2198; Apr. 20, 1983, Pub. L. 98-21, title IV, §404(b), 97 Stat. 140; July 18, 1984, Pub. L. 98-369, div. B, title VI, §§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), (<em>l</em>)(1), 98 Stat. 1134-1137, 1141, 1142, 1144-1146, 1149, 1165, 1166, 1171; Aug. 16, 1984, Pub. L. 98-378, §9(a)(2), 98 Stat. 1316; Apr. 7, 1986, Pub. L. 99-272, title XII, §§12303(a), 12304(a), 100 Stat. 292; Oct. 22, 1986, Pub. L. 99-514, §2, title XVIII, §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, §201(b)(1), title III, §§302(b)(1), 303(e)(1), 100 Stat. 3403, 3422, 3431; Dec. 22, 1987, Pub. L. 100-203, title IX, §§9102(b), 9133(b)(1), 101 Stat. 1330-300, 1330-314; Oct. 13, 1988, Pub. L. 100-485, title I, §§102(a), 123(d), title II, §§201(a), 202(b)(1)-(3), title III, §§301, 302(a), (b)(1), (c), 303(b)(3), (f)(2)(B), (C), 304(b)(2), title IV, §§401(a)(1), (2)(A), (b)(2), (f), (h), 402(a)-(c), 403(a), 404(a), title VI, §§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, §10403(a)(1)(B)(i), (C)(i), 103 Stat. 2487; Nov. 5, 1990, Pub. L. 101-508, title V, §§5051(a), (b), 5053(a), 5054(a), 5055(a), 5060(a), 5081(a), (c), (d), title XI, §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, §13742(a), 107 Stat. 663; Oct. 20, 1994, Pub. L. 103-382, title III, §394(k), 108 Stat. 4029; Oct. 31, 1994, Pub. L. 103-432, title II, §§235(a), 264(c), 108 Stat. 4466, 4468.
Statutes at Large References49 Stat. 627
53 Stat. 1379
64 Stat. 549
70 Stat. 849
76 Stat. 185
78 Stat. 703
79 Stat. 418, 27
81 Stat. 877
85 Stat. 803
86 Stat. 1462
88 Stat. 2348
89 Stat. 434
91 Stat. 1561, 154
93 Stat. 695
94 Stat. 195, 460-462, 512, 2266
95 Stat. 843-846
96 Stat. 395, 1398, 2198, 2027
97 Stat. 140, 1188
98 Stat. 1149, 1134-1137, 1316, 2222
100 Stat. 292, 2095, 3403, 3207-169
101 Stat. 1330-300, 1330-299
102 Stat. 2377, 2397, 2346, 3248
103 Stat. 2487, 2273
104 Stat. 1388-227, 1388-230
107 Stat. 663
108 Stat. 4029, 4466, 3519, 4319
Public Law ReferencesPublic Law 87-543, Public Law 88-525, Public Law 89-10, Public Law 89-97, Public Law 90-248, Public Law 92-223, Public Law 92-603, Public Law 93-647, Public Law 94-88, Public Law 95-30, Public Law 95-216, Public Law 96-88, Public Law 96-222, Public Law 96-265, Public Law 96-272, Public Law 96-473, Public Law 97-35, Public Law 97-248, Public Law 97-300, Public Law 97-404, Public Law 97-424, Public Law 98-21, Public Law 98-181, Public Law 98-369, Public Law 98-378, Public Law 98-479, Public Law 99-272, Public Law 99-514, Public Law 99-570, Public Law 99-603, Public Law 100-203, Public Law 100-485, Public Law 100-628, Public Law 101-239, Public Law 101-508, Public Law 103-66, Public Law 103-382, Public Law 103-416, Public Law 103-432


§602. State plans for aid and services to needy families with children; contents; approval by Secretary; records and reports; treatment of earned income advances (a) Contents

A State plan for aid and services to needy families with children must—

(1) provide that it shall be in effect in all political subdivisions of the State, and, if administered by them, be mandatory upon them;

(2) provide for financial participation by the State;

(3) either provide for the establishment or designation of a single State agency to administer the plan, or provide for the establishment or designation of a single State agency to supervise the administration of the plan;

(4) provide for granting an opportunity for a fair hearing before the State agency to any individual whose claim for aid to families with dependent children is denied or is not acted upon with reasonable promptness;

(5) provide such methods of administration (including after January 1, 1940, methods relating to the establishment and maintenance of personnel standards on a merit basis, except that the Secretary shall exercise no authority with respect to the selection, tenure of office, and compensation of any individual employed in accordance with such methods) as are found by the Secretary to be necessary for the proper and efficient operation of the plan;

(6) provide that the State agency will make such reports, in such form and containing such information, as the Secretary may from time to time require, and comply with such provisions as the Secretary may from time to time find necessary to assure the correctness and verification of such reports;

(7) except as may be otherwise provided in paragraph (8) or (31) and section 615 of this title, provide that the State agency—

(A) shall, in determining need, take into consideration any other income and resources of any child or relative claiming aid to families with dependent children, or of any other individual (living in the same home as such child and relative) whose needs the State determines should be considered in determining the need of the child or relative claiming such aid;

(B) shall determine ineligible for aid any family the combined value of whose resources (reduced by any obligations or debts with respect to such resources) exceeds ,000 or such lower amount as the State may determine, but not including as a resource for purposes of this subparagraph (i) a home owned and occupied by such child, relative, or other individual and so much of the family member's ownership interest in one automobile as does not exceed such amount as the Secretary may prescribe, (ii) under regulations prescribed by the Secretary, burial plots (one for each such child, relative, and other individual), and funeral agreements 1 (iii) for such period or periods of time as the Secretary may prescribe, real property which the family is making a good-faith effort to dispose of, but any aid payable to the family for any such period shall be conditioned upon such disposal, and any payments of such aid for that period shall (at the time of the disposal) be considered overpayments to the extent that they would not have been made had the disposal occurred at the beginning of the period for which the payments of such aid were made, or (iv) for the month of receipt and the following month, any refund of Federal income taxes made to such family by reason of section 32 of the Internal Revenue Code of 1986 (relating to earned income credit), and any payment made to such family by an employer under section 3507 of such Code (relating to advance payment of earned income credit); and

(C) may, in the case of a family claiming or receiving aid under this part for any month, take into consideration as income (to the extent the State determines appropriate, as specified in such plan, and notwithstanding any other provision of law)—

(i) an amount not to exceed the value of the family's monthly allotment of food stamp coupons, to the extent such value duplicates the amount for food included in the maximum amount that would be payable under the State plan to a family of the same composition with no other income; and

(ii) an amount not to exceed the value of any rent or housing subsidy provided to such family, to the extent such value duplicates the amount for housing included in the maximum amount that would be payable under the State plan to a family of the same composition with no other income;


(8)(A) provide that, with respect to any month, in making the determination under paragraph (7), the State agency—

(i) shall disregard all of the earned income of each dependent child receiving aid to families with dependent children who is (as determined by the State in accordance with standards prescribed by the Secretary) a full-time student or a part-time student who is not a full-time employee attending a school, college, or university, or a course of vocational or technical training designed to fit him for gainful employment;

(ii) shall disregard from the earned income of any child or relative applying for or receiving aid to families with dependent children, or of any other individual (living in the same home as such relative and child) whose needs are taken into account in making such determination, the first of the total of such earned income for such month;

(iii) after applying the other clauses of this subparagraph, shall disregard from the earned income of any child, relative, or other individual specified in clause (ii), an amount equal to expenditures for care in such month for a dependent child, or an incapacitated individual living in the same home as the dependent child, receiving aid to families with dependent children and requiring such care for such month, to the extent that such amount (for each such dependent child or incapacitated individual) does not exceed 5 (or such lesser amount as the Secretary may prescribe in the case of an individual not engaged in full-time employment or not employed throughout the month), or, in the case such child is under age 2, 0;

(iv) shall disregard from the earned income of any child or relative receiving aid to families with dependent children, or of any other individual (living in the same home as such relative and child) whose needs are taken into account in making such determination, an amount equal to (I) the first of the total of such earned income not disregarded under any other clause of this subparagraph plus (II) one-third of the remainder thereof;

(v) may disregard the income of any dependent child applying for or receiving aid to families with dependent children which is derived from a program carried out under the Job Training Partnership Act (as originally enacted) [29 U.S.C. 1501 et seq.], but only in such amounts, and for such period of time (not to exceed six months with respect to earned income) as the Secretary may provide in regulations;

(vi) shall disregard the first of any child support payments for such month received in that month, and the first of child support payments for each prior month received in that month if such payments were made by the absent parent in the month when due, with respect to the dependent child or children in any family applying for or receiving aid to families with dependent children (including support payments collected and paid to the family under section 657(b) of this title);

(vii) may disregard all or any part of the earned income of a dependent child who is a full-time student and who is applying for aid to families with dependent children, but only if the earned income of such child is excluded for such month in determining the family's total income under paragraph (18); and

(viii) shall disregard any refund of Federal income taxes made to a family receiving aid to families with dependent children by reason of section 32 of the Internal Revenue Code of 1986 (relating to earned income tax credit) and any payment made to such a family by an employer under section 3507 of such Code (relating to advance payment of earned income credit); and


(B) provide that (with respect to any month) the State agency—

(i) shall not disregard, under clause (ii), (iii), or (iv) of subparagraph (A), any earned income of any one of the persons specified in subparagraph (A)(ii) if such person—

(I) terminated his employment or reduced his earned income without good cause within such period (of not less than thirty days) preceding such month as may be prescribed by the Secretary;

(II) refused without good cause, within such period preceding such month as may be prescribed by the Secretary, to accept employment in which he is able to engage which is offered through the public employment offices of the State, or is otherwise offered by an employer if the offer of such employer is determined by the State or local agency administering the State plan, after notification by the employer, to be a bona fide offer of employment; or

(III) failed without good cause to make a timely report (as prescribed by the State plan pursuant to paragraph (14)) to the State agency of earned income received in such month; and


(ii)(I) shall not disregard—

(a) under subclause (II) of subparagraph (A)(iv), in a case where such subclause has already been applied to the income of the persons involved for four consecutive months while they were receiving aid under the plan, or

(b) under subclause (I) of subparagraph (A)(iv), in a case where such subclause has already been applied to the income of the persons involved for twelve consecutive months while they were receiving aid under the plan,


any earned income of any of the persons specified in subparagraph (A)(ii), if, with respect to such month, the income of the persons so specified was in excess of their need, as determined by the State agency pursuant to paragraph (7) (without regard to subparagraph (A)(iv) of this paragraph), unless the persons received aid under the plan in one or more of the four months preceding such month; and

(II) in the case of the earned income of a person with respect to whom subparagraph (A)(iv) has been applied for four consecutive months, shall not apply the provisions of subclause (II) of such subparagraph to any month after such month, or apply the provisions of subclause (I) of such subparagraph to any month after the eighth month following such month, for so long as he continues to receive aid under the plan, and shall not apply the provisions of either such subclause to any month thereafter until the expiration of an additional period of twelve consecutive months during which he is not a recipient of such aid; and


(C) provide that in implementing this paragraph the term “earned income” shall mean gross earned income, prior to any deductions for taxes or for any other purposes;

(9) provide safeguards which restrict the use or disclosure of information concerning applicants or recipients to purposes directly connected with (A) the administration of the plan of the State approved under this part (including activities under part F of this subchapter), the plan or program of the State under part B, D, or E of this subchapter or under subchapter I, X, XIV, XVI, XIX, or XX of this chapter, or the supplemental security income program established by subchapter XVI of this chapter, (B) any investigation, prosecution, or criminal or civil proceeding, conducted in connection with the administration of any such plan or program, (C) the administration of any other Federal or federally assisted program which provides assistance, in cash or in kind, or services, directly to individuals on the basis of need, (D) any audit or similar activity conducted in connection with the administration of any such plan or program by any governmental entity which is authorized by law to conduct such audit or activity, and (E) reporting and providing information pursuant to paragraph (16) to appropriate authorities with respect to known or suspected child abuse or neglect; and the safeguards so provided shall prohibit disclosure, to any committee or legislative body (other than an entity referred to in clause (D) with respect to an activity referred to in such clause), of any information which identifies by name or address any such applicant or recipient; but such safeguards shall not prevent the State agency or the local agency responsible for the administration of the State plan in the locality (whether or not the State has enacted legislation allowing public access to Federal welfare records) from furnishing a State or local law enforcement officer, upon his request, with the current address of any recipient if the officer furnishes the agency with such recipient's name and social security account number and satisfactorily demonstrates that such recipient is a fugitive felon, that the location or apprehension of such felon is within the officer's official duties, and that the request is made in the proper exercise of those duties;

(10)(A) provide that all individuals wishing to make application for aid to families with dependent children shall have opportunity to do so, and that aid to families with dependent children shall, subject to paragraphs (25) and (26), be furnished with reasonable promptness to all eligible individuals; and

(B) provide that an application for aid under the plan will be effective no earlier than the date such application is filed with the State agency or local agency responsible for the administration of the State plan, and the amount payable for the month in which the application becomes effective, if such application becomes effective after the first day of such month, shall bear the same ratio to the amount which would be payable if the application had been effective on the first day of such month as the number of days in the month including and following the effective date of the application bears to the total number of days in such month;

(11) provide for prompt notice (including the transmittal of all relevant information) to the State child support collection agency (established pursuant to part D of this subchapter) of the furnishing of aid to families with dependent children with respect to a child who has been deserted or abandoned by a parent (including a child born out of wedlock without regard to whether the paternity of such child has been established);

(12) provide, effective October 1, 1950, that no aid will be furnished any individual under the plan with respect to any period with respect to which he is receiving old-age assistance under the State plan approved under section 302 of this title;

(13) provide, at the option of the State and with respect to such category or categories as the State may select and identify in the State plan, that—

(A) except as provided in subparagraph (B), the State agency (i) will determine a family's eligibility for aid for a month on the basis of the family's income, composition, resources, and other similar relevant circumstances during such month, and (ii) will determine the amount of such aid on the basis of the income and other relevant circumstances in the first or, at the option of the State (but only where the Secretary determines it to be appropriate), second month preceding such month; and

(B) in the case of the first month, or at the option of the State (but only where the Secretary determines it to be appropriate), the first and second months, in a period of consecutive months for which aid is payable, the State agency will determine the amount of aid on the basis of the family's income and other relevant circumstances in such first or second month;


(14) at the option of the State and with respect to such category or categories as the State may select and identify in the plan, provide that—

(A) the State agency will require each family to which the State provides (or, but for paragraph (22) or (32), would provide) aid to families with dependent children, as a condition to the continued receipt of such aid (or to continuing to be deemed to be a recipient of such aid), to report to the State agency monthly (or less frequently in the case of such categories of recipients as the State may select) on—

(i) the income of the family, the composition of the family, and other relevant circumstances during the prior month; and

(ii) the income and resources the family expects to receive, or any changes in circumstances affecting continued eligibility for, or amount of benefits, the family expects to occur, in that month or in future months; and


(B) in addition to any action that may be appropriate based on other reports or information received by the State agency, the State agency will—

(i) take prompt action to adjust the amount of assistance payable, as may be appropriate, on the basis of the information contained in the report (or upon the failure of the family to submit a timely report); and

(ii) give the family an appropriate explanatory notice concurrent with any action taken under clause (i);


(15) provide (A) for the development of a program, for each appropriate relative and dependent child receiving aid under the plan and for each appropriate individual (living in the same home as a relative and child receiving such aid) whose needs are taken into account in making the determination under paragraph (7), for preventing or reducing the incidence of births out of wedlock and otherwise strengthening family life, and for implementing such program by assuring that in all appropriate cases (including minors who can be considered to be sexually active) family planning services are offered to them and are provided promptly (directly or under arrangements with others) to all individuals voluntarily requesting such services, but acceptance of family planning services provided under the plan shall be voluntary on the part of such members and individuals and shall not be a prerequisite to eligibility for or the receipt of any other service under the plan; and (B) to the extent that services provided under this paragraph are furnished by the staff of the State agency or the local agency administering the State plan in each of the political subdivisions of the State, for the establishment of a single organizational unit in such State or local agency, as the case may be, responsible for the furnishing of such services;

(16) provide that the State agency will—

(A) report to an appropriate agency or official, known or suspected instances of physical or mental injury, sexual abuse or exploitation, or negligent treatment or maltreatment of a child receiving aid under this part under circumstances which indicate that the child's health or welfare is threatened thereby; and

(B) provide such information with respect to a situation described in subparagraph (A) as the State agency may have;


(17) provide that if a child or relative applying for or receiving aid to families with dependent children, or any other person whose need the State considers when determining the income of a family, receives in any month an amount of earned or unearned income which, together with all other income for that month not excluded under paragraph (8), exceeds the State's standard of need applicable to the family of which he is a member—

(A) such amount of income shall be considered income to such individual in the month received, and the family of which such person is a member shall be ineligible for aid under the plan for the whole number of months that equals (i) the sum of such amount and all other income received in such month, not excluded under paragraph (8), divided by (ii) the standard of need applicable to such family, and

(B) any income remaining (which amount is less than the applicable monthly standard) shall be treated as income received in the first month following the period of ineligibility specified in subparagraph (A);


except that the State may at its option recalculate the period of ineligibility otherwise determined under subparagraph (A) (but only with respect to the remaining months in such period) in any one or more of the following cases: (i) an event occurs which, had the family been receiving aid under the State plan for the month of the occurrence, would result in a change in the amount of aid payable for such month under the plan, or (ii) the income received has become unavailable to the members of the family for reasons that were beyond the control of such members, or (iii) the family incurs, becomes responsible for, and pays medical expenses (as allowed by the State) in a month of ineligibility determined under subparagraph (A) (which expenses may be considered as an offset against the amount of income received in the first month of such ineligibility);

(18) provide that no family shall be eligible for aid under the plan for any month if, for that month, the total income of the family (other than payments under the plan), without application of paragraph (8), other than paragraph (8)(A)(v) or 8(A)(viii),2 exceeds 185 percent of the State's standard of need for a family of the same composition, except that in determining the total income of the family the State may exclude any earned income of a dependent child who is a full-time student, in such amounts and for such period of time (not to exceed 6 months) as the State may determine;

(19) provide—

(A) that the State has in effect and operation a job opportunities and basic skills training program which meets the requirements of part F of this subchapter;

(B) that—

(i) the State will (except as otherwise provided in this paragraph or part F of this subchapter), to the extent that the program is available in the political subdivision involved and State resources otherwise permit—

(I) require all recipients of aid to families with dependent children in such subdivision with respect to whom the State guarantees child care in accordance with subsection (g) of this section to participate in the program; and

(II) allow applicants for and recipients of aid to families with dependent children (and individuals who would be recipients of such aid if the State had not exercised the option under section 607(b)(2)(B)(i) of this title) who are not required under subclause (I) to participate in the program to do so on a voluntary basis;


(ii) in determining the priority of participation by individuals from among those groups described in clauses (i), (ii), (iii), and (iv) of section 603(l)(2)(B) of this title, the State will give first consideration to applicants for or recipients of aid to families with dependent children within any such group who volunteer to participate in the program;

(iii) if an exempt participant drops out of the program without good cause after having commenced participation in the program, he or she shall thereafter not be given priority so long as other individuals are actively seeking to participate; and

(iv) the State need not require or allow participation of an individual in the program if as a result of such participation the amount payable to the State for quarters in a fiscal year with respect to the program would be reduced pursuant to section 603(l)(2) of this title;


(C) that an individual may not be required to participate in the program if such individual—

(i) is ill, incapacitated, or of advanced age;

(ii) is needed in the home because of the illness or incapacity of another member of the household;

(iii) subject to subparagraph (D)—

(I) is the parent or other relative of a child under 3 years of age (or, if so provided in the State plan, under any age that is less than 3 years but not less than one year) who is personally providing care for the child, or

(II) is the parent or other relative personally providing care for a child under 6 years of age, unless the State assures that child care in accordance with subsection (g) of this section will be guaranteed and that participation in the program by the parent or relative will not be required for more than 20 hours a week;


(iv) works 30 or more hours a week;

(v) is a child who is under age 16 or attends, full-time, an elementary, secondary, or vocational (or technical) school;

(vi) is pregnant if it has been medically verified that the child is expected to be born in the month in which such participation would otherwise be required or within the 6-month period immediately following such month; or

(vii) resides in an area of the State where the program is not available;


(D) that, in the case of a family eligible for aid to families with dependent children by reason of the unemployment of the parent who is the principal earner, subparagraph (C)(iii) shall apply only to one parent, except that, in the case of such a family, the State may at its option make such subparagraph inapplicable to both of the parents (and require their participation in the program) if child care in accordance with subsection (g) of this section is guaranteed with respect to the family;

(E) that—

(i) to the extent that the program is available in the political subdivision involved and State resources otherwise permit, in the case of a custodial parent who has not attained 20 years of age, has not successfully completed a high-school education (or its equivalent), and is required to participate in the program (including an individual who would otherwise be exempt from participation in the program solely by reason of subparagraph (C)(iii)), the State agency (subject to clause (ii)) will require such parent to participate in an educational activity; and

(ii) the State agency may—

(I) require a parent described in clause (i) (notwithstanding the part-time requirement in subparagraph (C)(iii)(II)) to participate in educational activities directed toward the attainment of a high school diploma or its equivalent on a full-time (as defined by the educational provider) basis,

(II) establish criteria in accordance with regulations of the Secretary under which custodial parents described in clause (i) who have not attained 18 years of age may be exempted from the school attendance requirement under such clause, or

(III) require a parent described in clause (i) who is age 18 or 19 to participate in training or work activities (in lieu of the educational activities under such clause) if such parent fails to make good progress in successfully completing such educational activities or if it is determined (prior to any assignment of the individual to such educational activities) pursuant to an educational assessment that participation in such educational activities is inappropriate for such parent;


(F) that—

(i) if the parent or other caretaker relative or any dependent child in the family is attending (in good standing) an institution of higher education (as defined in section 1088(a) of title 20), or a school or course of vocational or technical training (not less than half time) consistent with the individual's employment goals, and is making satisfactory progress in such institution, school, or course, at the time he or she would otherwise commence participation in the program under this section, such attendance may constitute satisfactory participation in the program (by that caretaker or child) so long as it continues and is consistent with such goals;

(ii) any other activities in which an individual described in clause (i) participates may not be permitted to interfere with the school or training described in that clause;

(iii) the costs of such school or training shall not constitute federally reimbursable expenses for purposes of section 603 of this title; and

(iv) the costs of day care, transportation, and other services which are necessary (as determined by the State agency) for such attendance in accordance with subsection (g) of this section are eligible for Federal reimbursement;


(G) that—

(i) if an individual who is required by the provisions of this paragraph to participate in the program or who is so required by reason of the State's having exercised the option under subparagraph (D) fails without good cause to participate in the program or refuses without good cause to accept employment in which such individual is able to engage which is offered through the public employment offices of the State, or is otherwise offered by an employer if the offer of such employer is determined to be a bona fide offer of employment—

(I) the needs of such individual (whether or not section 607 of this title applies) shall not be taken into account in making the determination with respect to his or her family under paragraph (7) of this subsection, and if such individual is a parent or other caretaker relative, payments of aid for any dependent child in the family in the form of payments of the type described in section 606(b)(2) of this title (which in such a case shall be without regard to clauses (A) through (D) thereof) will be made unless the State agency, after making reasonable efforts, is unable to locate an appropriate individual to whom such payments can be made; and

(II) if such individual is a member of a family which is eligible for aid to families with dependent children by reason of section 607 of this title, and his or her spouse is not participating in the program, the needs of such spouse shall also not be taken into account in making such determination;


(ii) any sanction described in clause (i) shall continue—

(I) in the case of the individual's first failure to comply, until the failure to comply ceases;

(II) in the case of the individual's second failure to comply, until the failure to comply ceases or 3 months (whichever is longer); and

(III) in the case of any subsequent failure to comply, until the failure to comply ceases or 6 months (whichever is longer);


(iii) the State will promptly remind any individual whose failure to comply has continued for 3 months, in writing, of the individual's option to end the sanction by terminating such failure; and

(iv) no sanction shall be imposed under this subparagraph—

(I) on the basis of the refusal of an individual described in subparagraph (C)(iii)(II) to accept employment, if the employment would require such individual to work more than 20 hours a week, or

(II) on the basis of the refusal of an individual to participate in the program or accept employment, if child care (or day care for any incapacitated individual living in the same home as a dependent child) is necessary for an individual to participate in the program or accept employment, such care is not available, and the State agency fails to provide such care; and


(H) the State agency may require a participant in the program to accept a job only if such agency assures that the family of such participant will experience no net loss of cash income resulting from acceptance of the job; and any costs incurred by the State agency as a result of this subparagraph shall be treated as expenditures with respect to which section 603(a)(1) or 603(a)(2) of this title applies;


(20) provide that the State has in effect a State plan for foster care and adoption assistance approved under part E of this subchapter;

(21) provide—

(A) that, for purposes of this part, participation in a strike shall not constitute good cause to leave, or to refuse to seek or accept employment; and

(B)(i) that aid to families with dependent children is not payable to a family for any month in which any caretaker relative with whom the child is living is, on the last day of such month, participating in a strike, and (ii) that no individual's needs shall be included in determining the amount of aid payable for any month to a family under the plan if, on the last day of such month, such individual is participating in a strike;


(22) provide that the State agency will promptly take all necessary steps to correct any overpayment or underpayment of aid under the State plan, and, in the case of—

(A) an overpayment to an individual who is a current recipient of such aid (including a current recipient whose overpayment occurred during a prior period of eligibility), recovery will be made by repayment by the individual or by reducing the amount of any future aid payable to the family of which he is a member, except that such recovery shall not result in the reduction of aid payable for any month, such that the aid, when added to such family's liquid resources and to its income (without application of paragraph (8)), is less than 90 percent of the amount payable under the State plan to a family of the same composition with no other income (and, in the case of an individual to whom no payment is made for a month solely by reason of recovery of an overpayment, such individual shall be deemed to be a recipient of aid for such month);

(B) an overpayment to any individual who is no longer receiving aid under the plan, recovery shall be made by appropriate action under State law against the income or resources of the individual or the family; and

(C) an underpayment, the corrective payment shall be disregarded in determining the income of the family, and shall be disregarded in determining its resources in the month the corrective payment is made and in the following month;


except that no recovery need be attempted or carried out under subparagraph (B) in any case, other than a case involving fraud on the part of the recipient, where (as determined by the State agency in accordance with criteria for determining cost-effectiveness, and with dollar limitations, which shall be prescribed by the Secretary in regulations) the cost of recovery would equal or exceed the amount of the overpayment involved;

(23) provide that by July 1, 1969, the amounts used by the State to determine the needs of individuals will have been adjusted to reflect fully changes in living costs since such amounts were established, and any maximums that the State imposes on the amount of aid paid to families will have been proportionately adjusted;

(24) provide that if an individual is receiving benefits under subchapter XVI of this chapter or his costs in a foster family home or child-care institution are covered by the foster care maintenance payments being made to his or her minor parent as provided in section 675(4)(B) of this title, then, for the period for which such benefits are received or such costs are so covered, such individual shall not be regarded as a member of a family for purposes of determining the amount of the benefits of the family under this subchapter and his income and resources shall not be counted as income and resources of a family under this subchapter;

(25) provide that information is requested and exchanged for purposes of income and eligibility verification in accordance with a State system which meets the requirements of section 1320b–7 of this title;

(26) provide that, as a condition of eligibility for aid, each applicant or recipient will be required—

(A) to assign the State any rights to support from any other person such applicant may have (i) in his own behalf or in behalf of any other family member for whom the applicant is applying for or receiving aid, and (ii) which have accrued at the time such assignment is executed;

(B) to cooperate with the State (i) in establishing the paternity of a child born out of wedlock with respect to whom aid is claimed, and (ii) in obtaining support payments for such applicant and for a child with respect to whom such aid is claimed, or in obtaining any other payments or property due such applicant or such child, unless (in either case) such applicant or recipient is found to have good cause for refusing to cooperate as determined by the State agency in accordance with standards prescribed by the Secretary, which standards shall take into consideration the best interests of the child on whose behalf aid is claimed; and that, if the relative with whom a child is living is found to be ineligible because of failure to comply with the requirements of subparagraphs (A) and (B) of this paragraph, any aid for which such child is eligible will be provided in the form of protective payments as described in section 606(b)(2) of this title (without regard to clauses (A) through (D) of such section) unless the State agency, after making reasonable efforts, is unable to locate an appropriate individual to whom such payments can be made; and

(C) to cooperate with the State in identifying, and providing information to assist the State in pursuing, any third party who may be liable to pay for care and services available under the State's plan for medical assistance under subchapter XIX of this chapter, unless such individual has good cause for refusing to cooperate as determined by the State agency in accordance with standards prescribed by the Secretary, which standards shall take into consideration the best interests of the individuals involved; but the State shall not be subject to any financial penalty in the administration or enforcement of this subparagraph as a result of any monitoring, quality control, or auditing requirements;


(27) provide that the State has in effect a plan approved under part D of this subchapter and operates a child support program in substantial compliance with such plan;

(28) provide that, in determining the amount of aid to which an eligible family is entitled, any portion of the amounts collected in any particular month as child support pursuant to a plan approved under part D of this subchapter, and retained by the State under section 657 of this title, which (under the State plan approved under this part as in effect both during July 1975 and during that particular month) would not have caused a reduction in the amount of aid paid to the family if such amounts had been paid directly to the family, shall be added to the amount of aid otherwise payable to such family under the State plan approved under this part;

(29) Repealed. Pub. L. 98–369, div. B, title VI, §2651(b)(2), July 18, 1984, 98 Stat. 1149

(30) at the option of the State, provide for the establishment and operation, in accordance with an (initial and annually updated) advance automated data processing planning document approved under subsection (e) of this section, of an automated statewide management information system designed effectively and efficiently, to assist management in the administration of the State plan for aid to families with dependent children approved under this part, so as (A) to control and account for (i) all the factors in the total eligibility determination process under such plan for aid (including but not limited to (I) identifiable correlation factors (such as social security numbers, names, dates of birth, home addresses, and mailing addresses (including postal ZIP codes), of all applicants and recipients of such aid and the relative with whom any child who is such an applicant or recipient is living) to assure sufficient compatibility among the systems of different jurisdictions to permit periodic screening to determine whether an individual is or has been receiving benefits from more than one jurisdiction, (II) checking records of applicants and recipients of such aid on a periodic basis with other agencies, both intra- and inter-State, for determination and verification of eligibility and payment pursuant to requirements imposed by other provisions of this chapter), (ii) the costs, quality, and delivery of funds and services furnished to applicants for and recipients of such aid, (B) to notify the appropriate officials of child support, food stamp, social service, and medical assistance programs approved under subchapter XIX of this chapter whenever the case becomes ineligible or the amount of aid or services is changed, and (C) to provide for security against unauthorized access to, or use of, the data in such system;

(31) provide that, in making the determination for any month under paragraph (7), the State agency shall take into consideration so much of the income of the dependent child's stepparent living in the same home as such child as exceeds the sum of (A) the first of the total of such stepparent's earned income for such month, (B) the State's standard of need under such plan for a family of the same composition as the stepparent and those other individuals living in the same household as the dependent child and claimed by such stepparent as dependents for purposes of determining his Federal personal income tax liability but whose needs are not taken into account in making the determination under paragraph (7), (C) amounts paid by the stepparent to individuals not living in such household and claimed by him as dependents for purposes of determining his Federal personal income tax liability, and (D) payments by such stepparent of alimony or child support with respect to individuals not living in such household;

(32) provide that no payment of aid shall be made under the plan for any month if the amount of such payment, as determined in accordance with the applicable provisions of the plan and of this part, would be less than , but an individual with respect to whom a payment of aid under the plan is denied solely by reason of this paragraph is deemed to be a recipient of aid but shall not be eligible to participate in a community work experience program;

(33) provide that in order for any individual to be considered a dependent child, a caretaker relative whose needs are to be taken into account in making the determination under paragraph (7), or any other person whose needs should be taken into account in making such a determination with respect to the child or relative, such individual must be either (A) a citizen, or (B) an alien lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law (including any alien who is lawfully present in the United States as a result of the application of the provisions of section 1157(c) of title 8 (or of section 1153(a)(7) of title 8 prior to April 1, 1980), or as a result of the application of the provisions of section 1158 or 1182(d)(5) of title 8);

(34) provide that both the standard of need applied to a family and the amount of aid determined to be payable, when not a whole dollar amount, shall be rounded to the next lower whole dollar amount;

(35) Repealed. Pub. L. 100–485, title II, §202(b)(3), Oct. 13, 1988, 102 Stat. 2377;

(36) provide, at the option of the State, that in making the determination for any month under paragraph (7), the State agency shall not include as income any support or maintenance assistance furnished to or on behalf of the family which (as determined under regulations of the Secretary by such State agency as the chief executive officer of the State may designate) is based on need for such support and maintenance, including assistance received to assist in meeting the costs of home energy (including both heating and cooling), and which is (A) assistance furnished in kind by a private nonprofit agency, or (B) assistance furnished by a supplier of home heating oil or gas, by an entity whose revenues are primarily derived on a rate-of-return basis regulated by a State or Federal governmental entity, or by a municipal utility providing home energy;

(37) provide that if any family becomes ineligible to receive aid to families with dependent children because of hours of or income from employment of the caretaker relative or because of paragraph (8)(B)(ii)(II), having received 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 of this title, and that the family will be appropriately notified of such extension (in the State agency's notice to the family of the termination of its eligibility for such aid) as required by section 1396r–6(a)(2) of this title;

(38) provide that in making the determination under paragraph (7) with respect to a dependent child and applying paragraph (8), the State agency shall (except as otherwise provided in this part) include—

(A) any parent of such child, and

(B) any brother or sister of such child, if such brother or sister meets the conditions described in clauses (1) and (2) of section 606(a) of this title or in section 607(a) of this title,


if such parent, brother, or sister is living in the same home as the dependent child, and any income of or available for such parent, brother, or sister shall be included in making such determination and applying such paragraph with respect to the family (notwithstanding section 405(j) of this title, in the case of benefits provided under subchapter II of this chapter);

(39) provide that in making the determination under paragraph (7) with respect to a dependent child whose parent is under the age of 18, the State agency shall (except as otherwise provided in this part) include any income of such minor's own parents who are living in the same home as such minor and dependent child, to the same extent that income of a stepparent is included under paragraph (31);

(40) provide, if the State has elected to establish and operate a fraud control program under section 616 of this title, that the State will submit to the Secretary (with such revisions as may from time to time be necessary) a description of and budget for such program, and will operate such program in full compliance with that section;

(41) provide that aid to families with dependent children will be provided under the plan with respect to dependent children of unemployed parents in accordance with section 607 of this title;

(42) provide that if, under section 607(b)(2)(B)(i) of this title, the State limits the number of months for which a family may receive aid to families with dependent children, the State shall provide medical assistance to all members of the family under the State's plan approved under subchapter XIX of this chapter, without time limitation;

(43) at the option of the State, provide that—

(A) subject to subparagraph (B), in the case of any individual who is under the age of 18 and has never married, and who has a dependent child in his or her care (or is pregnant and is eligible for aid to families with dependent children under the State plan)—

(i) such individual may receive aid to families with dependent children under the plan for the individual and such child (or for herself in the case of a pregnant woman) only if such individual and child (or such pregnant woman) reside in a place of residence maintained by a parent, legal guardian, or other adult relative of such individual as such parent's, guardian's, or adult relative's own home, or reside in a foster home, maternity home, or other adult-supervised supportive living arrangement; and

(ii) such aid (where possible) shall be provided to the parent, legal guardian, or other adult relative on behalf of such individual and child; and


(B) subparagraph (A) does not apply in the case where—

(i) such individual has no parent or legal guardian of his or her own who is living and whose whereabouts are known;

(ii) no living parent or legal guardian of such individual allows the individual to live in the home of such parent or guardian;

(iii) the State agency determines that the physical or emotional health or safety of such individual or such dependent child would be jeopardized if such individual and such dependent child lived in the same residence with such individual's own parent or legal guardian;

(iv) such individual lived apart from his or her own parent or legal guardian for a period of at least one year before either the birth of any such dependent child or the individual having made application for aid to families with dependent children under the plan; or

(v) the State agency otherwise determines (in accordance with regulations issued by the Secretary) that there is good cause for waiving such subparagraph;


(44) provide that the State agency shall—

(A) be responsible for assuring that the benefits and services under the programs under this part, part D of this subchapter, and part F of this subchapter are furnished in an integrated manner, and

(B) consistent with the provisions of this subchapter, ensure that all applicants for and recipients of aid to families with dependent children are encouraged, assisted, and required to cooperate in the establishment of paternity and the enforcement of child support obligations, and are notified of the paternity establishment and child support services for which they may be eligible; and


(45) provide (in accordance with regulations issued by the Secretary) for appropriate measures to detect fraudulent applications for aid to families with dependent children prior to the establishment of eligibility for such aid.


The Secretary may waive any of the requirements imposed under or in connection with paragraphs (13) and (14) of this subsection to the extent necessary to make such requirements compatible with the corresponding reporting and budgeting requirements by the Food Stamp Act of 1977 [7 U.S.C. 2011 et seq.].

(b) Approval by Secretary

The Secretary shall approve any plan which fulfills the conditions specified in subsection (a) of this section, except that he shall not approve any plan which imposes as a condition of eligibility for aid to families with dependent children, a residence requirement which denies aid with respect to any child residing in the State (1) who has resided in the State for one year immediately preceding the application for such aid, or (2) who was born within one year immediately preceding the application, if the parent or other relative with whom the child is living has resided in the State for one year immediately preceding the birth.

(c) Compilation of data; publishing of findings; reports to Congress

The Secretary shall, on the basis of his review of the reports received from the States under paragraph (15) of subsection (a) of this section, compile such data as he believes necessary and from time to time publish his findings as to the effectiveness of the programs developed and administered by the States under such paragraph. The Secretary shall annually report to the Congress (with the first such report being made on or before July 1, 1970) on the programs developed and administered by each State under such paragraph (15).

(d) Repealed. Pub. L. 100–485, title IV, §402(c)(2)(A), Oct. 13, 1988, 102 Stat. 2397 (e) Approval of automated data processing planning document; review of management information systems; failure to comply; reduction of payments

(1) The Secretary shall not approve the initial and annually updated advance automated data processing planning document, referred to in subsection (a)(30) of this section, unless he finds that such document, when implemented, will generally carry out the objectives of the statewide management system referred to in such subsection, and such document—

(A) provides for the conduct of, and reflects the results of, requirements analysis studies, which include consideration of the program mission, functions, organization, services, constraints, and current support, of, in, or relating to, such system,

(B) contains a description of the proposed statewide management system, including a description of information flows, input data, and output reports and uses,

(C) sets forth the security and interface requirements to be employed in such statewide management system,

(D) describes the projected resource requirements for staff and other needs, and the resources available or expected to be available to meet such requirements,

(E) includes cost-benefit analyses of each alternative management system, data processing services and equipment, and a cost allocation plan containing the basis for rates, both direct and indirect, to be in effect under such statewide management system,

(F) contains an implementation plan with charts of development events, testing descriptions, proposed acceptance criteria, and backup and fallback procedures to handle possible failure of contingencies, and

(G) contains a summary of proposed improvement of such statewide management system in terms of qualitative and quantitative benefits.


(2)(A) The Secretary shall, on a continuing basis, review, assess, and inspect the planning, design, and operation of, statewide management information systems referred to in section 603(a)(3)(B) 3 of this title, with a view to determining whether, and to what extent, such systems meet and continue to meet requirements imposed under such section and the conditions specified under subsection (a)(30) of this section.

(B) If the Secretary finds with respect to any statewide management information system referred to in section 603(a)(3)(B) 3 of this title that there is a failure substantially to comply with criteria, requirements, and other undertakings, prescribed by the advance automated data processing planning document theretofore approved by the Secretary with respect to such system, then the Secretary shall suspend his approval of such document until there is no longer any such failure of such system to comply with such criteria, requirements, and other undertakings so prescribed.

(C) If the Secretary determines that such a system has not been implemented by the State by the date specified for implementation in the State's advance automated data processing planning document, then the Secretary shall reduce payments to such State, in accordance with section 603(b) of this title, in an amount equal to 40 percent of the expenditures referred to in section 603(a)(3)(B) 3 of this title with respect to which payments were made to the State under section 603(a)(3)(B) 3 of this title. The Secretary may extend the deadline for implementation if the State demonstrates to the satisfaction of the Secretary that the State cannot implement such system by the date specified in such planning document due to circumstances beyond the State's control.

(f) Temporary disqualification of certain newly legalized aliens; exception for certain dependent children

(1) For temporary disqualification of certain newly legalized aliens from receiving aid to families with dependent children, see subsection (h) of section 1255a of title 8, subsection (f) of section 1160 of title 8, and subsection (d)(7) of section 1161 4 of title 8.

(2) In any case where an alien disqualified from receiving aid under such subsection (h), (f), or (d)(7) is the parent of a child who is not so disqualified and who (without any adjustment of status under such section 1255a, 1160, or 1161) 4 is considered a dependent child under subsection (a)(33) of this section, or is the brother or sister of such a child, subsection (a)(38) of this section shall not apply, and the needs of such alien shall not be taken into account in making the determination under subsection (a)(7) of this section with respect to such child, but the income of such alien (if he or she is the parent of such child) shall be included in making such determination to the same extent that income of a stepparent is included under subsection (a)(31) of this section.

(g) Child care during participation in employment, education, and training; extended eligibility

(1)(A)(i) Each State agency must guarantee child care in accordance with subparagraph (B)—

(I) for each family with a dependent child requiring such care, to the extent that such care is determined by the State agency to be necessary for an individual in the family to accept employment or remain employed; and

(II) for each individual participating in an education and training activity (including participation in a program that meets the requirements of subsection (a)(19) of this section and part F of this subchapter) if the State agency approves the activity and determines that the individual is satisfactorily participating in the activity.


(ii) Each State agency must guarantee child care, subject to the limitations described in this section, to the extent that such care is determined by the State agency to be necessary for an individual's employment in any case where a family has ceased to receive aid to families with dependent children as a result of increased hours of, or increased income from, such employment or by reason of subsection (a)(8)(B)(ii)(II) of this section.

(iii) A family shall only be eligible for child care provided under clause (ii) for a period of 12 months after the last month for which the family received aid to families with dependent children under this part.

(iv) A family shall not be eligible for child care provided under clause (ii) unless the family received aid to families with dependent children in at least 3 of the 6 months immediately preceding the month in which the family became ineligible for such aid.

(v) A family shall not be eligible for child care provided under clause (ii) unless the family includes a child who is (or, if needy, would be) a dependent child.

(vi) A family shall not be eligible for child care provided under clause (ii) for any month beginning after the caretaker relative who is a member of the family has—

(I) without good cause, terminated his or her employment; or

(II) refused to cooperate with the State in establishing and enforcing his or her child support obligations, without good cause as determined by the State agency in accordance with standards prescribed by the Secretary which shall take into consideration the best interests of the child for whom child care is to be provided.


(vii) A family shall contribute to child care provided under clause (ii) in accordance with a sliding scale formula which shall be established by the State agency based on the family's ability to pay.

(B) The State agency may guarantee child care by—

(i) providing such care directly;

(ii) arranging the care through providers by use of purchase of service contracts, or vouchers;

(iii) providing cash or vouchers in advance to the caretaker relative in the family;

(iv) reimbursing the caretaker relative in the family; or

(v) adopting such other arrangements as the agency deems appropriate.


When the State agency arranges for child care, the agency shall take into account the individual needs of the child.

(C)(i) Subject to clause (ii), the State agency shall make payment for the cost of child care provided with respect to a family in an amount that is the lesser of—

(I) the actual cost of such care; and

(II) the dollar amount of the child care disregard for which the family is otherwise eligible under subsection (a)(8)(A)(iii) of this section, or (if higher) an amount established by the State.


(ii) The State agency may not reimburse the cost of child care provided with respect to a family in an amount that is greater than the applicable local market rate (as determined by the State in accordance with regulations issued by the Secretary).

(D) The State may not make any change in its method of reimbursing child care costs which has the effect of disadvantaging families receiving aid under the State plan on October 13, 1988, by reducing their income or otherwise.

(E) The value of any child care provided or arranged (or any amount received as payment for such care or reimbursement for costs incurred for the care) under this paragraph—

(i) shall not be treated as income for purposes of any other Federal or federally-assisted program that bases eligibility for or the amount of benefits upon need, and

(ii) may not be claimed as an employment-related expense for purposes of the credit under section 21 of the Internal Revenue Code of 1986.


(2) In the case of any individual participating in the program under part F of this subchapter, each State agency (in addition to guaranteeing child care under paragraph (1)) shall provide payment or reimbursement for such transportation and other work-related expenses (including other work-related supportive services), as the State determines are necessary to enable such individual to participate in such program.

(3)(A)(i) In the case of amounts expended for child care pursuant to paragraph (1)(A) by any State to which section 1308 of this title does not apply, the applicable rate for purposes of section 603(a) of this title shall be the Federal medical assistance percentage (as defined in section 1396d(b) of this title).

(ii) In the case of amounts expended for child care pursuant to paragraph (1)(A)(ii) (relating to the provision of child care for certain families which cease to receive aid under this part) by any State to which section 1308 of this title applies, the applicable rate for purposes of section 603(a) of this title shall be the Federal medical assistance percentage (as defined in section 1318 of this title).

(B) In the case of any amounts expended by the State agency for child care under this subsection, only such amounts as are within such limits as the State may prescribe (subject to the limitations of paragraph (1)(C)) shall be treated as amounts for which payment may be made to a State under this part and they may be so treated only to the extent that—

(i) such amounts do not exceed the applicable local market rate (as determined by the State in accordance with regulations issued by the Secretary);

(ii) the child care involved meets applicable standards of State and local law; and

(iii) in the case of child care, the entity providing such care allows parental access.


(4) The State must establish procedures to ensure that center-based child care will be subject to State and local requirements designed to ensure basic health and safety, including fire safety, protections. The State must also endeavor to develop guidelines for family day care. The State must provide the Secretary with a description of such State and local requirements and guidelines.

(5) By October 1, 1992, the Secretary shall report to the Congress on the nature and content of State and local standards for health and safety.

(6)(A) The Secretary shall make grants to States to improve their child care licensing and registration requirements and procedures, to enforce standards with respect to child care provided to children under this part, and to provide for the training of child care providers.

(B) Subject to subparagraph (C), the Secretary shall make grants to each State under subparagraph (A) in proportion to the number of children in the State receiving aid under the State plan approved under subsection (a) of this section.

(C) The Secretary may not make grants to a State under subparagraph (A) unless the State provides matching funds in an amount that is not less than 10 percent of the amount of the grant.

(D) For grants under this paragraph, there is authorized to be appropriated to the Secretary ,000,000 for each of the fiscal years 1990 and 1991, and ,000,000 for each of fiscal years 1992, 1993, and 1994.

(E) Each State to which the Secretary makes a grant under this paragraph shall expend not less than 50 percent of the amount of the grant to provide for the training of child care providers.

(7) Activities under this subsection and subsection (i) of this section shall be coordinated in each State with existing early childhood education programs in that State, including Head Start programs, preschool programs funded under title I of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6301 et seq.], and school and nonprofit child care programs (including community-based organizations receiving funds designated for preschool programs for handicapped children).

(h) Periodic reevaluation of need and payment standards

(1) Each State shall reevaluate the need standard and payment standard under its plan at least once every 3 years, in accordance with a schedule established by the Secretary, and report the results of the reevaluation to the Secretary and the public at such time and in such form and manner as the Secretary may require.

(2) The report required by paragraph (1) shall include a statement of—

(A) the manner in which the need standard of the State is determined,

(B) the relationship between the need standard and the payment standard (expressed as a percentage or in any other manner determined by the Secretary to be appropriate), and

(C) any changes in the need standard or the payment standard in the preceding 3-year period.


(3) The Secretary shall report promptly to the Congress the results of the reevaluations required by paragraph (1).

(i) Rules governing providing of child care to eligible families

(1) Each State agency may, to the extent that it determines that resources are available, provide child care in accordance with paragraph (2) to any low income family that the State determines—

(A) is not receiving aid under the State plan approved under this part;

(B) needs such care in order to work; and

(C) would be at risk of becoming eligible for aid under the State plan approved under this part if such care were not provided.


(2) The State agency may provide child care pursuant to paragraph (1) by—

(A) providing such care directly;

(B) arranging such care through providers by use of purchase of service contracts or vouchers;

(C) providing cash or vouchers in advance to the family;

(D) reimbursing the family; or

(E) adopting such other arrangements as the agency deems appropriate.


(3)(A) A family provided with child care under paragraph (1) shall contribute to such care in accordance with a sliding scale formula established by the State agency based on the family's ability to pay.

(B) The State agency shall make payment for the cost of child care provided under paragraph (1) with respect to a family in an amount that is the lesser of—

(i) the actual cost of such care; and

(ii) the applicable local market rate (as determined by the State in accordance with regulations issued by the Secretary).


(4) The value of any child care provided or arranged (or any amount received as payment for such care or reimbursement for costs incurred for the care) under this subsection—

(A) shall not be treated as income or as a deductible expense for purposes of any other Federal or federally assisted program that bases eligibility for or amount of benefits upon need; and

(B) may not be claimed as an employment-related expense for purposes of the credit under section 21 of the Internal Revenue Code of 1986.


(5) Amounts expended by the State agency for child care under paragraph (1) shall be treated as amounts for which payment may be made to a State under section 603(n) of this title only to the extent that—

(A) such amounts are paid in accordance with paragraph (3)(B);

(B) the care involved meets applicable standards of State and local law;

(C) the provider of the care—

(i) in the case of a provider who is not an individual that provides such care solely to members of the family of the individual, is licensed, regulated, or registered by the State or locality in which the care is provided; and

(ii) allows parental access; and


(D) such amounts are not used to supplant any other Federal or State funds used for child care services.


(6)(A)(i) Each State shall prepare reports annually, beginning with fiscal year 1993, on the activities of the State carried out with funds made available under section 603(n) of this title.

(ii) The State shall make available for public inspection within the State copies of each report required by this paragraph, shall transmit a copy of each such report to the Secretary, and shall provide a copy of each such report, on request, to any interested public agency.

(iii) The Secretary shall annually compile, and submit to the Congress, the State reports transmitted to the Secretary pursuant to clause (ii).

(B) Each report prepared and transmitted by a State under subparagraph (A) shall set forth with respect to child care services provided under this subsection—

(i) showing separately for center-based child care services, group home child care services, family child care services, and relative care services, the number of children who received such services and the average cost of such services;

(ii) the criteria applied in determining eligibility or priority for receiving services, and sliding fee schedules;

(iii) the child care licensing and regulatory (including registration) requirements in effect in the State with respect to each type of service specified in clause (i); and

(iv) the enforcement policies and practices in effect in the State which apply to licensed and regulated child care providers (including providers required to register).


(C) Within 12 months after November 5, 1990, the Secretary shall establish uniform reporting requirements for use by the States in preparing the information required by this paragraph, and make such other provision as may be necessary or appropriate to ensure that compliance with this subsection will not be unduly burdensome on the States.

(D) Not later than July 1, 1992, the Secretary shall issue a report on the implementation of this subsection, based on such information as as 5 has been made available to the Secretary by the States.

(Aug. 14, 1935, ch. 531, title IV, §402, 49 Stat. 627; Aug. 10, 1939, ch. 666, title IV, §401, 53 Stat. 1379; Aug. 28, 1950, ch. 809, title III, pt. 2, §321, pt. 6, §361(c), (d), 64 Stat. 549, 558; Aug. 1, 1956, ch. 836, title III, §312(b), 70 Stat. 849; July 25, 1962, Pub. L. 87–543, title I, §§103, 104(a)(2), (3)(A), (B), (5)(A), 106(b), 76 Stat. 185, 188; July 30, 1965, Pub. L. 89–97, title IV, §§403(b), 410, 79 Stat. 418, 423; Jan. 2, 1968, Pub. L. 90–248, title II, §§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, §3(a)(1)–(7), 85 Stat. 803, 804; Oct. 30, 1972, Pub. L. 92–603, title II, §299E(c), title IV, §414(a), 86 Stat. 1462, 1492; Jan. 4, 1975, Pub. L. 93–647, §§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, §§202, 207, 208(a), 209, 89 Stat. 434, 436, 437; Dec. 20, 1977, Pub. L. 95–216, title IV, §403(c), 91 Stat. 1561; Apr. 1, 1980, Pub. L. 96–222, title I, §101(a)(2)(A), 94 Stat. 195; June 9, 1980, Pub. L. 96–265, title IV, §§401(a)–(f), 403(a), 406(b), 94 Stat. 460–462, 465, 466; June 17, 1980, Pub. L. 96–272, title I, §101(a)(3)(A), title III, §302(a), 94 Stat. 512, 528; Oct. 19, 1980, Pub. L. 96–473, §6(f), 94 Stat. 2266; Aug. 13, 1981, Pub. L. 97–35, title XXIII, §§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, §§151(a), 152(a), 154(a), 96 Stat. 395, 396; Oct. 13, 1982, Pub. L. 97–300, title VI, §603, formerly title V, §503, 96 Stat. 1398, renumbered title VI, §603, Nov. 7, 1988, Pub. L. 100–628, title VII, §712(a)(1), (2), 102 Stat. 3248; Jan. 6, 1983, Pub. L. 97–424, title V, §545(b), 96 Stat. 2198; Apr. 20, 1983, Pub. L. 98–21, title IV, §404(b), 97 Stat. 140; July 18, 1984, Pub. L. 98–369, div. B, title VI, §§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, §9(a)(2), 98 Stat. 1316; Apr. 7, 1986, Pub. L. 99–272, title XII, §§12303(a), 12304(a), 100 Stat. 292; Oct. 22, 1986, Pub. L. 99–514, §2, title XVIII, §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, §201(b)(1), title III, §§302(b)(1), 303(e)(1), 100 Stat. 3403, 3422, 3431; Dec. 22, 1987, Pub. L. 100–203, title IX, §§9102(b), 9133(b)(1), 101 Stat. 1330–300, 1330–314; Oct. 13, 1988, Pub. L. 100–485, title I, §§102(a), 123(d), title II, §§201(a), 202(b)(1)–(3), title III, §§301, 302(a), (b)(1), (c), 303(b)(3), (f)(2)(B), (C), 304(b)(2), title IV, §§401(a)(1), (2)(A), (b)(2), (f), (h), 402(a)–(c), 403(a), 404(a), title VI, §§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, §10403(a)(1)(B)(i), (C)(i), 103 Stat. 2487; Nov. 5, 1990, Pub. L. 101–508, title V, §§5051(a), (b), 5053(a), 5054(a), 5055(a), 5060(a), 5081(a), (c), (d), title XI, §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, §13742(a), 107 Stat. 663; Oct. 20, 1994, Pub. L. 103–382, title III, §394(k), 108 Stat. 4029; Oct. 31, 1994, Pub. L. 103–432, title II, §§235(a), 264(c), 108 Stat. 4466, 4468.)

Amendment of Section

For repeal of amendment by sections 303(f)(2)(B), (C), 304(b)(2), and 401(h) of Pub. L. 100–485, see Effective and Termination Dates of 1988 Amendment note below.

References in Text

The Job Training Partnership Act, referred to in subsec. (a)(8)(A)(v), is Pub. L. 97–300, Oct. 13, 1982, 96 Stat. 1322, as amended, which is classified generally to chapter 19 (§1501 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 1501 of Title 29 and Tables.

Parts B, D, E, and F of this subchapter, referred to in subsecs. (a)(9), (11), (19)(A), (B)(i), (20), (27), (28), (44)(A) and (g)(1)(A)(i)(II), (2), are classified to sections 620 et seq., 651 et seq., 670 et seq., and 681 et seq., respectively, of this title.

The Food Stamp Act of 1977, referred to in subsec. (a), is Pub. L. 88–525, Aug. 31, 1964, 78 Stat. 703, as amended, which is classified generally to chapter 51 (§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.

The Internal Revenue Code of 1986, referred to in subsecs. (a)(7)(B)(iv), (8)(A)(viii), (g)(1)(E)(ii), and (i)(4)(B), is classified to Title 26, Internal Revenue Code.

Section 603(a)(3) of this title, referred to in subsec. (e)(2), was amended generally by Pub. L. 103–66, title XIII, §13741(a), Aug. 10, 1993, 107 Stat. 663, and, as so amended, no longer contains subpars.

Section 1161 of title 8, referred to in subsec. (f)(1), (2), was repealed by Pub. L. 103–416, title II, §219(ee)(1), Oct. 25, 1994, 108 Stat. 4319.

The Elementary and Secondary Education Act of 1965, referred to in subsec. (g)(7), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27, as amended generally by Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3519. Title I of the Act is classified generally to subchapter I (§6301 et seq.) of chapter 70 of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of Title 20 and Tables.

Codification

October 13, 1988, referred to in subsec. (g)(1)(D), was in the original “the date of the enactment of this section”, which was translated as meaning the date of enactment of Pub. L. 100–485, which enacted subsec. (g) of this section, to reflect the probable intent of Congress.

Amendments

1994—Subsec. (a)(13). Pub. L. 103–432, §235(a)(1), in introductory provisions substituted “provide, at the option of the State and with respect to such category or categories as the State may select and identify in the State plan, that—” for “at the option of the State, but only with respect to any one or more categories of families required to report monthly to the State agency pursuant to paragraph (14), provide that—”.

Subsec. (a)(13)(A), (B). Pub. L. 103–432, §235(a)(2), struck out “, in the case of families who are required to report monthly to the State agency pursuant to paragraph (14)” after “to be appropriate”.

Subsec. (a)(14). Pub. L. 103–432, §264(c) amended par. (14) generally. Prior to amendment, par. (14) read as follows: “provide, at the option of the State and with respect to such category or categories as the State may select and identify in its State plan (A) that the State agency will require each family to which it furnishes aid to families with dependent children (or to which it would provide such aid but for paragraph (22) or (32)) to report, as a condition to the continued receipt of such aid (or to continuing to be deemed to be a recipient of such aid), each month to the State agency on—

“(i) the income received, family composition, and other relevant circumstances during the prior month; and

“(ii) the income and resources it expects to receive, or any changes in circumstances affecting continued eligibility or benefit amount, that it expects to occur, in that month (or in future months);

except that the State may select categories of recipients who may report at specified less frequent intervals; and

“(B) that, in addition to whatever action may be appropriate based on other reports or information received by the State agency, the State agency will take prompt action to adjust the amount of assistance payable, as may be appropriate, on the basis of the information contained in the report (or upon the failure of the family to furnish a timely report), and will give an appropriate explanatory notice, concurrent with its action, to the family;”.

Subsec. (g)(7). Pub. L. 103–382 substituted “title I of the Elementary and Secondary Education Act of 1965” for “chapter 1 of the Education Consolidation and Improvement Act of 1981”.

1993—Subsec. (a)(31). Pub. L. 103–66 substituted “” for “”.

1990—Subsec. (a)(7)(B)(iv). Pub. L. 101–508, §11115(a)(1), added cl. (iv).

Subsec. (a)(9)(A). Pub. L. 101–508, §5055(a), substituted “, D, or E” for “or D”.

Subsec. (a)(9)(E). Pub. L. 101–508, §5054(a)(2), added cl. (E).

Subsec. (a)(13). Pub. L. 101–508, §5051(b), inserted introductory provision and struck out former introductory provision which read as follows: “with respect to families who are required to report monthly to the State agency pursuant to paragraph (14) (and at the option of the State with respect to other families), provide that—”.

Subsec. (a)(14). Pub. L. 101–508, §5051(a)(1), which directed amendment of par. (14) by substituting “provide, at the option of the State and with respect to such category or categories as the State may select and identify in its State plan (A)” for “with respect to” and all that follows through “(A) provide”, was executed by substituting the new language for “with respect to families in the category of recent work history or earned income cases (and at the option of the State with respect to families in other categories), provide (A)” in introductory provisions to reflect the probable intent of Congress.

Subsec. (a)(14)(A). Pub. L. 101–508, §5051(a)(2), in concluding provisions, struck out “(with the prior approval of the Secretary in recent work history and earned income cases)” after “except that” and “upon a determination that to require individuals in such categories to report monthly would result in unwarranted expenditures for administration of this paragraph” after “frequent intervals”.

Subsec. (a)(16). Pub. L. 101–508, §5054(a)(1), amended par. (16) generally. Prior to amendment, par. (16) read as follows: “provide that where the State agency has reason to believe that the home in which a relative and child receiving aid reside is unsuitable for the child because of the neglect, abuse, or exploitation of such child it shall bring such condition to the attention of the appropriate court or law enforcement agencies in the State, providing such data with respect to the situation it may have;”.

Subsec. (a)(18). Pub. L. 101–508, §11115(a)(2), which directed insertion of “or 8(A)(viii)” after “other than paragraph 8(A)(v)”, was executed by making the insertion after “other than paragraph (8)(A)(v)” to reflect the probable intent of Congress.

Subsec. (a)(39). Pub. L. 101–508, §5053(a), struck out “or legal guardian” after “parent” and “or legal guardians” after “parents”.

Subsec. (g)(1)(A)(vi)(II). Pub. L. 101–508, §5060(a), amended subcl. (II) generally. Prior to amendment, subcl. (II) read as follows: “failed to cooperate with the State in establishing and enforcing his or her child support obligations.”

Subsec. (g)(6)(A). Pub. L. 101–508, §5081(c)(2), substituted “to enforce standards with respect to child care provided to children under this part, and to provide for the training of child care providers” for “and to monitor child care provided to children receiving aid under the State plan approved under subsection (a) of this section”.

Subsec. (g)(6)(D). Pub. L. 101–508, §5081(c)(1), inserted before period at end “, and ,000,000 for each of fiscal years 1992, 1993, and 1994”.

Subsec. (g)(6)(E). Pub. L. 101–508, §5081(c)(3), added subpar. (E).

Subsec. (g)(7). Pub. L. 101–508, §5081(d), inserted “and subsection (i) of this section” after “this subsection”.

Subsec. (i). Pub. L. 101–508, §5081(a), added subsec. (i).

1989—Subsec. (a)(30). Pub. L. 101–239, §10403(a)(1)(B)(i), substituted “automated data” for “automatic data” in introductory provisions.

Subsec. (g)(1)(A). Pub. L. 101–239, §10403(a)(1)(C), substituted “received aid to families with dependent” for “includes a child who is (or, if needy,” in cl. (iv) and struck out comma after “who is” in cl. (v).

1988—Subsec. (a)(8)(A)(ii). Pub. L. 100–485, §402(b), substituted “” for “”.

Subsec. (a)(8)(A)(iii). Pub. L. 100–485, §402(a), inserted “after applying the other clauses of this subparagraph,” before “shall disregard”, substituted “5” for “0”, and inserted “, or, in the case such child is under age 2, 0” before semicolon at end.

Subsec. (a)(8)(A)(iv). Pub. L. 100–485, §202(b)(1), struck out “(but excluding, for purposes of this subparagraph, earned income derived from participation on a project maintained under the programs established by section 632(b)(2) and (3) of this title)” after “the remainder thereof”.

Subsec. (a)(8)(A)(vi). Pub. L. 100–485, §102(a), substituted “of any child support payments for such month received in that month, and the first of child support payments for each prior month received in that month if such payments were made by the absent parent in the month when due,” for “of any child support payments received in such month”.

Subsec. (a)(8)(A)(viii). Pub. L. 100–485, §402(c)(1), added cl. (viii).

Subsec. (a)(9)(A). Pub. L. 100–485, §202(b)(2), inserted “(including activities under part F of this subchapter)” after “this part” and substituted “part B or D of this subchapter” for “part B, C, or D of this subchapter”.

Subsec. (a)(19). Pub. L. 100–485, §201(a), amended par. (19) generally, substituting subpars. (A) to (H) for former subpars. (A) to (D) and (F) to (H).

Subsec. (a)(19)(B)(i)(II). Pub. L. 100–485, §401(b)(2), (h), temporarily inserted “(and individuals who would be recipients of such aid if the State had not exercised the option under section 607(b)(2)(B)(i) of this title)” after “children”. See Effective and Termination Dates of 1988 Amendment note below.

Subsec. (a)(30). Pub. L. 100–485, §402(c)(2)(B), substituted “subsection (e)” for “subsection (d)”.

Subsec. (a)(35). Pub. L. 100–485, §202(b)(3), struck out par. (35) which permitted States to require participation in an employment search plan as a condition of eligibility for aid under the State plan, provided for reimbursement for related transportation and other costs, and permitted application of the sanctions imposed by par. (19)(F) for noncompliance.

Subsec. (a)(37). Pub. L. 100–485, §303(b)(3), (f)(2)(B), temporarily amended par. (37) generally. Prior to amendment par. (37) read as follows: “provide that, in any case where a family has ceased to receive aid under the plan because (by reason of paragraph (8)(B)(ii)(II)) the provisions of paragraph (8)(A)(iv) no longer apply, such family shall be considered for purposes of subchapter XIX of this chapter to be receiving aid to families with dependent children under such plan for a period of 9 months after the last month for which the family actually received such aid; and the State may at its option extend such period by an additional period of up to 6 months in the case of a family that would be eligible during such additional period to receive aid under the plan (without regard to this paragraph) if such paragraph (8)(A)(iv) applied;”. See Effective and Termination Dates of 1988 Amendment note below.

Subsec. (a)(38)(B). Pub. L. 100–485, §401(a)(2)(A), (h), temporarily struck out “(if such section is applicable to the State)” after “section 607(a) of this title”. See Effective and Termination Dates of 1988 Amendment note below.

Subsec. (a)(41), (42). Pub. L. 100–485, §401(a)(1), (f), (h), temporarily added pars. (41) and (42). See Effective and Termination Dates of 1988 Amendment note below.

Subsec. (a)(43). Pub. L. 100–485, §403(a), added par. (43).

Subsec. (a)(44). Pub. L. 100–485, §604(a), added par. (44).

Subsec. (a)(45). Pub. L. 100–485, §605(a), added par. (45).

Subsec. (d). Pub. L. 100–485, §402(c)(2)(A), struck out subsec. (d) which read as follows:

“(1) For purposes of paragraphs (7) and (8) of subsection (a) of this section, any refund of Federal income taxes made by reason of section 32 of the Internal Revenue Code of 1986 (relating to earned income credit) and any payment made by an employer under section 3507 of such Code (relating to advance payment of earned income credit) shall be considered earned income.

“(2) In any case in which such advance payments for a taxable year made by all employers to an individual under section 3507 of such Code exceed the amount of such individual's earned income credit allowable under section 32 of such Code for such year, so that such individual is liable under section 32(g) of such Code for a tax equal to such excess, such individual's benefit amount must be appropriately adjusted so as to provide payment to such individual of an amount equal to the amount of the benefits lost by such individual on account of such excess advance payments.”

Subsec. (e). Pub. L. 100–485, §123(d), substituted “automated” for “automatic” in introductory provisions of par. (1) and par. (2)(B) and (C).

Subsec. (g). Pub. L. 100–485, §301, added subsec. (g).

Subsec. (g)(1)(A). Pub. L. 100–485, §§302(a), (c), 304(b)(2), temporarily designated existing provisions as cl. (i), redesignated former cls. (i) and (ii) as subcls. (I) and (II), respectively, and added cls. (ii) to (vii). See Effective and Termination Dates of 1988 Amendment note below.

Subsec. (g)(3)(A). Pub. L. 100–485, §§302(b)(1), 304(b)(2), temporarily designated existing provisions as cl. (i) and added cl. (ii). See Effective and Termination Dates of 1988 Amendment note below.

Subsec. (h). Pub. L. 100–485, §404(a), added subsec. (h).

1987—Subsec. (a)(24). Pub. L. 100–203, §9133(b)(1), substituted “if an individual is receiving benefits under subchapter XVI of this chapter or his costs in a foster family home or child-care institution are covered by the foster care maintenance payments being made to his or her minor parent as provided in section 675(4)(B) of this title, then, for the period for which such benefits are received or such costs are so covered,” for “if an individual is receiving benefits under subchapter XVI of this chapter, then, for the period for which such benefits are received,”.

Subsec. (a)(40). Pub. L. 100–203, §9102(b), added par. (40).

1986—Subsec. (a). Pub. L. 99–514, §1883(b)(5), realigned margins in concluding provisions.

Pub. L. 99–514, §1883(b)(4)(A), provided for technical corrections relating to closing punctuation in pars. (34) through (39).

Subsec. (a)(14). Pub. L. 99–514, §1883(a)(5)(B), repealed Pub. L. 98–369, §2663(c)(1)(B). See 1984 Amendment note below.

Subsec. (a)(26)(C). Pub. L. 99–272, §12304(a), added subpar. (C).

Subsec. (a)(31)(A). Pub. L. 99–514, §1883(b)(1)(A), struck out “(or such lesser amount as the Secretary may prescribe in the case of an individual not engaged in fulltime employment or not employed throughout the month)” after “such month”.

Subsec. (a)(36). Pub. L. 99–514, §1883(b)(4)(B), substituted a semicolon for a period, which amendment was previously made by Pub. L. 98–369, §2624(a)(2).

Subsec. (a)(37). Pub. L. 99–514, §1883(b)(4)(A), struck out “and” after “applied;”.

Subsec. (a)(38). Pub. L. 99–514, §1883(b)(2)(A), (B), substituted “section 606(a) of this title or in section 607(a) of this title (if such section is applicable to the State),” for “section 606(a) of this title,” in subpar. (B) and realigned margins so as to remove concluding provisions beginning with “if such parent, brother, or sister is living” from subpar. (B), and relocate such provisions after and below subpar. (B).

Subsec. (a)(39). Pub. L. 99–514, §1883(b)(3)(A), substituted “of 18” for “selected by the State pursuant to section 606(a)(2) of this title”.

Subsec. (d)(1). Pub. L. 99–514, §2, substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.

Subsec. (e)(2)(C). Pub. L. 99–272, §12303(a), added subpar. (C).

Subsec. (f). Pub. L. 99–603, §201(b)(1), added subsec. (f).

Subsec. (f)(1). Pub. L. 99–603, §303(e)(1)(A), inserted reference to subsection (d)(7) of section 1161 of title 8.

Pub. L. 99–603, §302(b)(1)(A), inserted reference to subsection (f) of section 1160 of title 8.

Subsec. (f)(2). Pub. L. 99–603, §303(e)(1)(B), (C), inserted reference to aliens disqualified from receiving aid under subsection (d)(7) of section 1161 of title 8 and reference to adjustment of status under section 1161 of title 8.

Pub. L. 99–603, §302(b)(1)(B), (C), inserted reference to aliens disqualified from receiving aid under subsection (f) of section 1160 of title 8 and reference to adjustment of status under section 1160 of title 8.

1984—Subsec. (a). Pub. L. 98–369, §2663(c)(1)(E)(i), (ii), substituted “must—” for “must” preceding par. (1) and restructured and realigned the margins of all subdivisions of subsec. (a).

Pub. L. 98–369, §2628(c), inserted “The Secretary may waive any of the requirements imposed under or in connection with paragraphs (13) and (14) of this subsection to the extent necessary to make such requirements compatible with the corresponding reporting and budgeting requirements by the Food Stamp Act of 1977.” at end of subsec. (a).

Subsec. (a)(5). Pub. L. 98–369, §2663(l)(1), substituted “Secretary” for “Administrator” in two places.

Pub. L. 98–369, §2663(c)(1)(E)(iii), struck out “and” after the semicolon.

Subsec. (a)(6). Pub. L. 98–369, §2663(l)(1), substituted “Secretary” for “Administrator” in two places.

Subsec. (a)(7)(B). Pub. L. 98–369, §2626, designated existing provisions after “for purposes of this subparagraph” as cl. (i) and added cls. (ii) and (iii).

Subsec. (a)(8)(A)(ii). Pub. L. 98–369, §2622, struck out “(or such lesser amount as the Secretary may prescribe in the case of an individual not engaged in full-time employment or not employed throughout the month)” after “for such month”.

Subsec. (a)(8)(A)(iv). Pub. L. 98–369, §2623(a), inserted “(I)” after “equal to” and “(II)” after “plus”.

Subsec. (a)(8)(A)(vi). Pub. L. 98–369, §2640(c), added cl. (vi).

Subsec. (a)(8)(A)(vii). Pub. L. 98–369, §2642(b), added cl. (vii).

Subsec. (a)(8)(B)(ii)(I). Pub. L. 98–369, §2623(b), substituted two lettered subdivisions (a) and (b) in subcl. (I) for “, under subparagraph (A)(iv),” after “shall not disregard” and struck out “and subparagraph (A)(iv) has not already been applied to their income for four consecutive months while they were receiving aid under the plan” after “four months preceding such month”.

Subsec. (a)(8)(B)(ii)(II). Pub. L. 98–369, §2623(c), substituted “shall not apply the provisions of subclause (II) of such subparagraph to any month after such month, or apply the provisions of subclause (I) of such subparagraph to any month after the eighth month following such month, for so long as he continues to receive aid under the plan, and shall not apply the provisions of either such subclause to any month thereafter” for “shall not apply the provisions of subparagraph (A)(iv) for so long as he continues to receive aid under the plan and shall not apply such provisions to any month thereafter”.

Subsec. (a)(8)(C). Pub. L. 98–369, §2625(a), added subpar. (C).

Subsec. (a)(9). Pub. L. 98–369, §2663(c)(1)(A), substituted “use or disclosure” for “use of disclosure”.

Pub. L. 98–369, §2636, inserted “; but such safeguards shall not prevent the State agency or the local agency responsible for the administration of the State plan in the locality (whether or not the State has enacted legislation allowing public access to Federal welfare records) from furnishing a State or local law enforcement officer, upon his request, with the current address of any recipient if the officer furnishes the agency with such recipient's name and social security account number and satisfactorily demonstrates that such recipient is a fugitive felon, that the location or apprehension of such felon is within the officer's official duties, and that the request is made in the proper exercise of those duties”.

Subsec. (a)(13). Pub. L. 98–369, §2628(a), substituted “with respect to families who are required to report monthly to the State agency pursuant to paragraph (14) (and at the option of the State with respect to other families), provide that—” for “provide that—” in provisions preceding subpar. (A) and “(but only where the Secretary determines it to be appropriate, in the case of families who are required to report monthly to the State agency pursuant to paragraph (14))” for “but only where the Secretary determines it to be appropriate” in subpars. (A) and (B).

Subsec. (a)(14)(A). Pub. L. 98–369, §2628(b), substituted “with respect to families in the category of recent work history or earned income cases (and at the option of the State with respect to families in other categories), provide (A) that” for “(A) provide that”, “(with the prior approval of the Secretary in recent work history and earned income cases)” for “with the prior approval of the Secretary”, and “upon a determination that” for “upon the State's showing to the satisfaction of the Secretary that”.

Pub. L. 98–369, §2663(c)(1)(B), which made amendment identical to Pub. L. 98–369, §2628(b)(1), substituting “provide (A) that” for “(A) provide that” was repealed by Pub. L. 99–514, §1883(a)(5)(B).

Subsec. (a)(15). Pub. L. 98–369, §2663(c)(1)(E)(iv), substituted “paragraph” for “clause” in subpars. (A) and (B).

Subsec. (a)(17). Pub. L. 98–369, §2632(b)(1), substituted “a child or relative applying for or receiving aid to families with dependent children, or any other person whose need the State considers when determining the income of a family,” for “a person specified in paragraph (8)(A)(i) or (ii)” in provisions preceding subpar. (A).

Pub. L. 98–369, §2632(b)(2), substituted “an amount of earned or unearned income” for “an amount of income” in provisions preceding subpar. (A).

Pub. L. 98–369, §2632(a), inserted provisions following subpar. (B) relating to instances in which the State may recalculate the period of ineligibility for remaining months in the period.

Subsec. (a)(18). Pub. L. 98–369, §2621, substituted “185 percent” for “150 percent”.

Pub. L. 98–369, §2642(a), inserted “, except that in determining the total income of the family the State may exclude any earned income of a dependent child who is a full-time student, in such amounts and for such period of time (not to exceed 6 months) as the State may determine”.

Subsec. (a)(19)(A)(ix). Pub. L. 98–369, §2631, added cl. (ix).

Subsec. (a)(19)(D). Pub. L. 98–369, §2663(c)(1)(E)(v), substituted “paragraph (7)” for “section 602(a)(7) of this title”.

Subsec. (a)(19)(F)(i). Pub. L. 98–369, §2663(c)(1)(E)(iv), substituted “paragraph” for “clause”.

Pub. L. 98–369, §2663(c)(3)(B)(i), substituted “clauses (A) through (D)” for “clauses (A) through (E)”.

Pub. L. 98–369, §2663(c)(1)(C), substituted “or section 672” for “or section 608”.

Pub. L. 98–369, §2634(a), substituted “will be made unless the State agency, after making reasonable efforts, is unable to locate an appropriate individual to whom such payments can be made” for “will be made”.

Subsec. (a)(19)(F)(iv), (v). Pub. L. 98–369, §2663(c)(1)(E)(iv), substituted “paragraph” for “clause”.

Subsec. (a)(19)(G)(iv). Pub. L. 98–369, §2663(c)(1)(D), struck out the comma before “that”.

Subsec. (a)(22). Pub. L. 98–369, §2633, inserted “(including a current recipient whose overpayment occurred during a prior period of eligibility)” after “current recipient of such aid” in subpar. (A) and “except that no recovery need be attempted or carried out under subparagraph (B) in any case, other than a case involving fraud on the part of the recipient, where (as determined by the State agency in accordance with criteria for determining cost-effectiveness, and with dollar limitations, which shall be prescribed by the Secretary in regulations) the cost of recovery would equal or exceed the amount of the overpayment involved;” after subpar. (C).

Subsec. (a)(25). Pub. L. 98–369, §2651(b)(1), in amending par. (25) generally, substituted “provide that information is requested and exchanged for purposes of income an eligibility verification in accordance with a State system which meets the requirements of section 1320b–7 of this title” for “provide (A) that, as a condition of eligibility under the plan, each applicant for or recipient of aid shall furnish to the State agency his social security account number (or numbers, if he has more than one such number), and (B) that such State agency shall utilize such account numbers, in addition to any other means of identification it may determine to employ in the administration of such plan”.

Subsec. (a)(26)(B). Pub. L. 98–369, §2663(c)(3)(B)(ii), substituted “clauses (A) through (D)” for “subparagraphs (A) through (E)”.

Pub. L. 98–369, §2634(b), inserted “unless the State agency, after making reasonable efforts, is unable to locate an appropriate individual to whom such payments can be made”.

Subsec. (a)(27). Pub. L. 98–378, §9(a)(2), substituted “operates a child support program in substantial compliance with such plan” for “operate a child support program in conformity with such plan”.

Subsec. (a)(29). Pub. L. 98–369, §2651(b)(2), struck out par. (29) which provided that, effective Oct. 1, 1979, certain wage information would be requested and utilized.

Subsec. (a)(36). Pub. L. 98–369, §2639(a), (c), temporarily added par. (36). Former pars. (36) were struck out. See Effective and Termination Dates of 1983 and 1984 Amendment notes below.

Subsec. (a)(37). Pub. L. 98–369, §2624(a), added par. (37).

Subsec. (a)(38), (39). Pub. L. 98–369, §2640(a), added pars. (38) and (39).

Subsec. (c). Pub. L. 98–369, §2663(c)(1)(F), substituted “paragraph” for “clause” in three places.

Subsec. (d)(1). Pub. L. 98–369, §2629, substituted “For purposes of paragraphs (7) and (8) of subsection (a) of this section, any refund of Federal income taxes made by reason of section 32 of the Internal Revenue Code of 1954 (relating to earned income credit) and any payment made by an employer under section 3507 of such Code (relating to advance payment of earned income credit) shall be considered earned income” for “For purposes of this part, an individual's ‘income’ shall also include, to the extent and under the circumstances prescribed by the Secretary, an amount (which shall be treated as earned income for purposes of this part) equal to the earned income advance amount (under section 3507(a) of the Internal Revenue Code of 1954) that is (or, upon the filing of an earned income eligibility certificate, would be) payable to such individual.”.

Subsec. (d)(2). Pub. L. 98–369, §2663(c)(1)(G), substituted “section 32” and “section 32(g)” for “section 43” and “section 43(g)”, respectively.

1983—Subsec. (a)(36). Pub. L. 98–21 temporarily amended par. (36) by substituting “shall not include as income any support or maintenance assistance furnished to or on behalf of the family which (as determined under regulations of the Secretary by such State agency as the chief executive officer of the State may designate) is based on need for such support and maintenance, including assistance received to assist in meeting the costs of home energy (including both heating and cooling), and which” for “shall not include as income any assistance received to assist in meeting the costs of home energy, including both heating and cooling, which (as determined under regulations of the Secretary by such State agency as the chief executive officer of the State may designate) (A) is based on need for such assistance, and (B)” after “the State agency”. See Effective and Termination Dates of 1983 Amendments note below.

Pub. L. 97–424 temporarily added par. (36). See Effective and Termination Dates of 1983 Amendments note below.

1982—Subsec. (a)(8)(A)(iii). Pub. L. 97–300, §503(a)(1), struck out “and” at end of cl. (iii).

Subsec. (a)(8)(A)(iv). Pub. L. 97–300, §503(a)(2), substituted “disregarded under any other clause of this subparagraph” for “already disregarded under the preceding provisions of this paragraph”.

Subsec. (a)(8)(A)(v). Pub. L. 97–300, §503(a)(1), (3), added cl. (v).

Subsec. (a)(10). Pub. L. 97–248, §152(a), designated existing provisions as subpar. (A), struck out “, effective July 1, 1951,” after “provide”, and added subpar. (B).

Subsec. (a)(18). Pub. L. 97–300, §503(b), inserted “, other than paragraph (8)(A)(v)” after “without application of paragraph (8)”.

Subsec. (a)(34). Pub. L. 97–248, §151(a), added par. (34).

Subsec. (a)(35). Pub. L. 97–248, §154(a), added par. (35).

1981—Subsec. (a)(5). Pub. L. 97–35, §2353(b)(1), struck out par. (5) as in effect in Puerto Rico, Guam, and the Virgin Islands, which required the State plan to provide methods of administration, including after Jan. 1, 1940, methods relating to the establishment and maintenance of personnel standards on a merit basis, with limitations on the authority of the Secretary, as are necessary for the proper and efficient operation of the plan and for the training and effective use of paid subprofessional staff, with particular emphasis on the full-time or part-time employment of recipients and other persons of low income, as community services aides, in the administration of the plan and for the use of nonpaid or partially paid volunteers in a social service volunteer program in providing services to applicants and recipients and in assisting any advisory committees established by the State agency.

Subsec. (a)(7). Pub. L. 97–35, §§2302, 2320(b)(1), inserted provisions requiring the State, in determining eligibility for aid to families with dependent children, to limit allowable resources to ,000, equity value, per family, excluding the home and one automobile, and permitting the State to take into account the value of benefits received from food stamps or housing subsidies, by treating the value of the food stamp coupons or housing subsidy as income, up to the value for food or shelter that is included in the State payment standard, and inserted reference to par. (31) and section 615 of this title.

Subsec. (a)(8). Pub. L. 97–35, §2301, substituted provisions that applied the disregards for recipients in the order of the first of the family's earned income, then, the cost of care for a child or incapacitated adult, up to 0 per child monthly, and finally , plus one-third of the remainder of earned income, not already disregarded, and provided for limitations on the payment of the and one-third disregard, for provisions that in determining AFDC benefits, States are required to disregard from the recipient's total income the first earned monthly, plus one-third of additional earnings, and any expenses, including child care, reasonably attributable to the earning of any such income, with the work expense disregard available to both recipients and new applicants, and the and one-third applicable only to those already on the rolls, with no limitation on the length of time these amounts must be continued to be disregarded.

Subsec. (a)(13). Pub. L. 97–35, §2315(a), added par. (13).

Pub. L. 97–35, §2353(b)(1), struck out par. (13) as in effect to Puerto Rico, Guam, and the Virgin Islands, which required the State plan to provide a description of the services which the State agency makes available to maintain and strengthen family life for children, including a description of the steps taken to assure maximum utilization of other agencies providing other or similar services.

Subsec. (a)(14). Pub. L. 97–35, §2315(a), added par. (14).

Pub. L. 97–35, §2353(b)(1), struck out par. (14) as in effect in Puerto Rico, Guam, and the Virgin Islands, which required the State plan to provide for the development and application of a program of such family services and child-welfare services for each child and relative who receives aid to families with dependent children and each appropriate individual living in the same home as a relative or child receiving such aid whose needs are taken into account in making the determination under cl. (7), as may be necessary in light of the particular home conditions and other needs of such child, relative, and individual in order to assist such child, relative, and individual to attain or retain capability for self-support and care to maintain and strengthen family life and to foster child development.

Subsec. (a)(15). Pub. L. 97–35, §2353(c), struck out “as part of the program of the State for the provision of services under subchapter XX of this chapter” after “(15) provide” and “or clause (14)” after “provided under this clause”.

Pub. L. 97–35, §2353(b)(1), struck out par. (15) as in effect in Puerto Rico, Guam, and the Virgin Islands, which required the State plan to provide for the development of a program for preventing births out of wedlock and otherwise strengthening family life, to implement such program by assuring that in all appropriate cases family planning services are offered and provided promptly to all individuals voluntarily requesting such services, with acceptance of such services not a prerequisite to eligibility for or receipt of any other services under the plan, and to the extent that services provided under this clause and cl. (14) are furnished by the staff of the State agency or local agency administering the State plan, to establish a single organizational unit in each State or local agency responsible for furnishing such services.

Subsec. (a)(17). Pub. L. 97–35, §2304, added par. (17).

Subsec. (a)(18). Pub. L. 97–35, §2303, added par. (18).

Subsec. (a)(19)(A). Pub. L. 97–35, §§2313(b), 2314, in cl. (1) substituted “attending, full-time, an elementary, secondary, or vocational (or technical) school” for “attending school full time”, in cl. (v) “the parent” for “a mother” and “personally providing care for the child with only very brief and infrequent absences from the child” for “caring for the child”, in cl. (vi) “parent or other caretaker of a child who is deprived of parental support or care by reason of the death, continued absence from the home, or physical or mental incapacity of a parent, if another adult relative” for “mother or other female caretaker of a child, if the father or another adult male relative”, added cl. (viii), and in provision following cl. (viii) substituted “his or her option” for “her option”, “if he or she so desires” for “if she so desires”, “to him or her” for “to her”, and “he or she should decide” for “she should decide”.

Subsec. (a)(19)(F). Pub. L. 97–35, §2313(c)(1), added cl. (ii) and redesignated former cls. (ii) to (iv) as (iii) to (v), respectively.

Subsec. (a)(21). Pub. L. 97–35, §2310, added par. (21).

Subsec. (a)(22). Pub. L. 97–35, §2318, added par. (22).

Subsec. (a)(31) to (33). Pub. L. 97–35, §§2306(a), 2316, 2320(a), added pars. (31) to (33), respectively.

Subsec. (d)(1). Pub. L. 97–35, §2305, substituted provision that for purposes of this part “income” include, as prescribed by the Secretary, an amount equal to the earned income advance amount under section 3507(a) of title 26 that is or would be payable to such individual, for provision that for purposes of subsec. (a)(7) and (8), any refund of Federal income taxes under section 43 of title 26 and any employer payment under section 3507 of title 26 be considered earned income.

1980—Subsec. (a)(8)(E). Pub. L. 96–272, §302(a), added subpar. (E).

Subsec. (a)(9). Pub. L. 96–265, §403(a), added cl. (D) and reference to cl. (D) in existing provisions.

Subsec. (a)(19). Pub. L. 96–265, §401(a)–(f), inserted provisions relating to the work requirement of the AFDC program, including addition of cl. (vii) of subpar. (A) and subpar. (H), and struck out the “except” clause at end of subpar. (F).

Subsec. (a)(20). Pub. L. 96–272, §101(a)(3)(A), substituted provisions requiring State agencies to provide that the States have in effect plans for foster care and adoption assistance approved under part E of this subchapter for provisions requiring such agencies to provide for aid to families with dependent children in the form of foster care.

Subsec. (a)(27). Pub. L. 96–473, §6(f)(1), substituted “provide that” for “provide, that”.

Subsec. (a)(29). Pub. L. 96–473, §6(f)(2), substituted “provide” for “provided”.

Subsec. (a)(30). Pub. L. 96–265, §406(b)(1), added cl. (30).

Subsec. (d). Pub. L. 96–473 redesignated subsec. (d), as added by Pub. L. 96–265, as (e).

Pub. L. 96–265, §406(b)(2), added subsec. (d).

Pub. L. 96–222 added subsec. (d).

Subsec. (e). Pub. L. 96–473 redesignated subsec. (d), as added by Pub. L. 96–265, as (e).

1977—Subsec. (a)(29). Pub. L. 95–216 added cl. (29).

1975—Subsec. (a)(5). Pub. L. 93–647, §3(a)(1), except with respect to Puerto Rico, Guam, and the Virgin Islands, struck out designation of provisions as “(A)” before “such methods of administration”, and provisions of former subpar. (B) relating to training and use of paid subprofessional staff, with emphasis in full or part time employment of low income recipients, and use of nonpaid or partially paid volunteers in providing services to applicants and in assisting advisory committees.

Subsec. (a)(9). Pub. L. 94–88, §207, substituted requirement that the State plan provide safeguards restricting the use or disclosure of information concerning applicants or recipients to purposes directly connected with the administration of State plan approved under this part, any plan or program under other parts of this subchapter, or subchapters I, X, XIV, XVI, XIX, or XX of this chapter, or the supplemental security income program established by subchapter XVI of this chapter, any investigation, prosecution, or criminal or civil proceeding conducted in connection with the administration of such plan or program, and the administration of any other Federal or federally assisted program which provides assistance directly to individuals on the basis of need, and that the safeguards so provided shall prohibit disclosure to any committee or a legislative body, of any information which identifies by name or address any such applicant or recipient, for requirement that the State plan provide safeguards which permit the use or disclosure of information concerning applicants or recipients only to public officials who require such information in connection with their official duties, or other persons for purposes directly connected with the administration of aid to families with dependent children.

Pub. L. 93–647, §101(c)(2), substituted provisions permitting disclosure to public officials requiring such information in connection with their duties and other persons for purposes directly connected with the administration of aid to families with dependent children, for provisions restricting disclosure to purposes directly connected with the administration of aid to such families.

Subsec. (a)(10). Pub. L. 93–647, §101(c)(3), inserted “, subject to paragraphs (25) and (26),” before “be furnished”.

Subsec. (a)(11). Pub. L. 93–647, §101(c)(4), substituted provisions relating to prompt notice to the State child support collection agency with respect to an abandoned or deserted child, for provisions relating to prompt notice to the appropriate law-enforcement officials.

Subsec. (a)(13), (14). Pub. L. 93–647, §3(a)(2), except with respect to Puerto Rico, Guam, and the Virgin Islands, repealed pars. (13) and (14) relating to a description of services made available by State agency to strengthen family life, including steps taken to utilize other services, and relating to development and application of program for such family services and child welfare services for prevention of abuse, neglect, etc., of children, respectively.

Subsec. (a)(15). Pub. L. 93–647, §3(a)(8), except with respect to Puerto Rico, Guam, and the Virgin Islands, inserted “as part of the program of the State for the provision of services under subchapter XX of this chapter” after “provide”.

Subsec. (a)(17), (18). Pub. L. 93–647, §101(c)(8), repealed pars. (17) and (18) which provided for the development and implementation of a state agency program for support and establishment of paternity of children born out of wedlock or abandoned by their parents, a single organizational unit in the local agency to be responsible for administration of such program, and cooperative arrangements with courts and law enforcement officials to assist in the administration of the program.

Subsec. (a)(21), (22). Pub. L. 93–647, §101(c)(8), repealed pars. (21) and (22) which provided for report by State agency to Secretary of names and social security numbers of unlocated parents with dependent children against whom an order of support has been issued, and for cooperation with State agency in administration of the plan of another State in locating and securing compliance with parents in another State with such support order.

Subsec. (a)(24). Pub. L. 93–647, §101(c)(5)(B), inserted “provide that” after “(24)”.

Subsec. (a)(25) to (27). Pub. L. 93–647, §101(c)(5)(C), added pars. (25) to (27).

Subsec. (a)(26). Pub. L. 94–88, §208(a), substituted in subpar. (B), “payments or property due such applicant or such child, unless (in either case) such applicant or recipient is found to have good cause for refusing to cooperate as determined by the State agency in accordance with standards prescribed by the Secretary, which standards shall take into consideration the best interests of the child on whose behalf aid is claimed;” for “payments or property due such applicant or such child”.

Subsec. (a)(27). Pub. L. 94–88, §§202(2), 209, substituted “the State has in effect” for “the States have in effect”, and inserted “and” at end.

Subsec. (a)(28). Pub. L. 94–88, §202(3), added par. (28).

1972—Subsec. (a)(15)(A). Pub. L. 92–603, §299E(c), inserted “(including minors who can be considered sexually active)” after “in all appropriate cases,” and “and are provided promptly (directly or under arrangements with others) to all individuals voluntarily requesting such services” after “family planning services are offered to them”. Notwithstanding the directory language that amendment be made to subsec. (a)(15)(B), the amendment was executed to subsec. (a)(15)(A) as the probable intent of Congress.

Subsec. (a)(24). Pub. L. 92–603, §414(a), added par. (24).

1971—Subsec. (a)(15). Pub. L. 92–223, §3(a)(1), incorporated in subpar. (A) existing provisions of former subpars. (A)–(C), less cl. (i) of former subpar. (A) respecting assurance, to maximum extent possible, that relative, child, and individual will enter the labor force and accept employment so as to become self-sufficient and cl. (i) of former subpar. (B) respecting assurances that the relative, child, or individual who is referred to the Secretary of Labor pursuant to cl. (19) is furnished child-care services, struck out former subpar. (D) provisions for review of each program as may be necessary (as frequently as may be necessary, but at least once a year) to insure that it is being effectively implemented and former subpar. (E) provisions for furnishing the Secretary with such reports as he may specify showing the results of such programs, and redesignated as subpar. (B) provisions of former subpar. (F), substituting “services provided” and “are furnished by the staff” for “such programs” and “are developed and implemented by services furnished by the staff”.

Subsec. (a)(19)(A). Pub. L. 92–223, §3(a)(2), in revising subpar. (A), substituted provisions for registration for manpower services, training, and employment, as a condition of eligibility for aid under this part, for former provisions respecting prompt referral to the Secretary of Labor or his representative for participation under a work incentive program established by part C; incorporated in: cl. (i), provisions of former cl. (i) respecting “each appropriate child and relative who has attained age sixteen and is receiving aid to families with dependent children” and former cl. (vi); cl. (ii), provisions of former cl. (iv); cl. (iii), provisions of former cl. (v); cl. (iv), provisions of former cl. (vii) less requirement of presence in home on substantially continuous basis; added cls. (v) and (vi) and concluding sentence respecting advice of option to register and of availability of child care services; and struck out former cl. (ii) for referral to Secretary of each appropriate individual (living in the same home as a relative and child receiving such aid) who has attained such age (16) and whose needs are taken into account in making the determination under subsec. (a)(7) of this section and former cl. (iii) for such referral of any other person claiming aid under the plan (not included in cls. (i) and (ii)), who, after being informed of the work incentive program, requests such referral unless the State agency determines that participation in any of such programs would be inimical to the welfare of such person or the family.

Subsec. (a)(19)(B). Pub. L. 92–223, §3(a)(3), substituted “by reason of such registration or the individual's certification to the Secretary of Labor under subparagraph (G) of this paragraph,” for “by reason of such referral”.

Subsec. (a)(19)(C). Pub. L. 92–223, §3(a)(4), substituted “10 per centum” for “20 per centum”.

Subsec. (a)(19)(E). Pub. L. 92–223, §3(a)(5), struck out subpar. (E) provisions respecting participation in special work projects and State agency payments and supplementation of earnings, plus 20 per centum of individual's earnings from special work projects.

Subsec. (a)(19)(F). Pub. L. 92–223, §3(a)(6), substituted “(certified to the Secretary of Labor pursuant to subparagraph (G)” for “(referred to the Secretary of Labor pursuant to subparagraph (A)(i) and (ii) and section 607(b)(2) of this title)” in text preceding cl. (i).

Subsec. (a)(19)(G). Pub. L. 92–223, §3(a)(7), added subpar. (G).

1968—Subsec. (a)(5). Pub. L. 90–248, §210(a)(2), designated existing provisions as subpar. (A) and added subpar. (B).

Subsec. (a)(7). Pub. L. 90–248, §202(b), substituted introductory phrase “except as may be otherwise provided in clause (8)” for former concluding text that “except that, in making such determination, (A) the State agency may disregard not more than per month of earned income of each dependent child under the age of 18 but not in excess of 0 per month of earned income of such dependent children in the same home, (B) the State agency may, subject to limitations prescribed by the Secretary, permit all or any portion of the earned or other income to be set aside for future identifiable needs of a dependent child, and (C) the State agency may, before disregarding the amounts referred to in clauses (A) and (B), disregard not more than of any income” and required the consideration of other income and resources of any other individual (living in the same home as the child and relative) whose needs the State determined should be considered in determining the need of the child or relative claiming aid.

Subsec. (a)(8). Pub. L. 90–248, §202(b), added par. (8). Former par. (8) redesignated (9).

Subsec. (a)(8)(A). Pub. L. 90–248, §204(e), provided that cl. (ii) shall not apply to earned income derived from participation on a project maintained under programs established by section 632(b)(2) and (3) of this title.

Subsec. (a)(9) to (12). Pub. L. 90–248, §202(a), redesignated former pars. (8) to (11) as (9) to (12), respectively. Former par. (12) redesignated (13).

Subsec. (a)(13). Pub. L. 90–248, §§201(a)(2), 202(a), redesignated former par. (12) as (13), and struck out “(if any)” after “description of the services”. Former par. (13) redesignated (14).

Subsec. (a)(14). Pub. L. 90–248, §§201(a)(1), 202(a), redesignated former par. (13) as (14), substituted “family services, as defined in section 606(d) of this title, and child-welfare services, as defined in section 625 of this title,” for “welfare and related services” and “other needs of such child, relative, and individual to attain or retain capability for self-support and care and in order to maintain and strengthen family life and to foster child development” for “other needs of such child, and provided for coordination of such programs, and any other services provided for children under the State plan, with the child-welfare services plan developed as provided in sections 721–728 of this title, with a view toward providing welfare and related services which will best promote the welfare of such child and his family”, and extended the program to each relative and each appropriate individual (living in the same home as a relative and child receiving such aid whose needs are taken into account in making the determination under cl. (7)).

Subsec. (a)(15) to (23). Pub. L. 90–248, §§201(a)(1)(C), 204(b), 205(a), 211(a), 213(b), added pars. (15) to (18), (19), (20), (21) and (22), and (23), respectively.

Subsec. (c). Pub. L. 90–248, §201(b), added subsec. (c).

1965—Subsec. (a)(7). Pub. L. 89–97, §§403(b), 410, added cl. (C) placing a ceiling of upon the amount of any income which the state may disregard before disregarding the amounts referred to in (A) and (B); and designated as cl. (B) the existing provision following the first semicolon which authorized the state agency, in making its determination, to permit all or any portion of the earned or other income to be set aside for future identifiable needs of a dependent child, and inserted, before such provision, cl. (A) which authorized the state agency to disregard not more than per month of earned income of each dependent child under the age of 18 but not in excess of 0 per month of earned income of such dependent children in the same home, respectively.

1962—Pub. L. 87–543, §104(a)(2), substituted “aid and services to needy families with children” for “aid to dependent children” in section catchline.

Subsec. (a). Pub. L. 87–543, §§103, 104(a)(3)(A), (5)(A), 106(b), substituted “aid and services to needy families with children” for “aid to dependent children”, in opening provisions, and “aid to families with dependent children” for “aid to dependent children” wherever appearing in pars. (4), (7) to (10), inserted provision respecting the consideration of expenses reasonably attributable to the earning of income and the exception provision in par. (7), and added par. (13).

Subsec. (b). Pub. L. 87–543, §104(a)(3)(B), substituted “aid to families with dependent children” for “aid to dependent children”.

1956—Subsec. (a)(12). Act Aug. 1, 1956, added par. (12).

1950—Subsec. (a). Act Aug. 28, 1950, §§321(a), (b), 361(c), substituted in par. (4) “provide for granting an opportunity for a fair hearing before the State agency to any individual whose claim for aid to dependent children is or is not acted upon with reasonable promptness” for “provide for granting to any individual, whose claim with respect to aid to a dependent child is denied,”, substituted “Administrator” for “Board” in pars. (5) and (6), struck out “and” preceding par. (8) and a semicolon after it, and added pars. (9) to (11).

Subsec. (b). Act Aug. 28, 1950, §§321(c), 361(c), (d), substituted “Administrator” for “Board”, and “he”, “him”, or “his” for “it”, or “its” wherever appearing, and prevented denial of aid in cases where the child of parents normally resident of a State happens to be born across the State line.

1939—Subsec. (a). Act Aug. 10, 1939, amended par. (5) generally and added pars. (7) and (8).

Effective Date of 1994 Amendment

Section 235(b) of Pub. L. 103–432 provided that: “The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1994, and shall apply to payments under part A of title IV of the Social Security Act [this part] for fiscal year 1994 and such payments for succeeding fiscal years.”

Section 264(h) of Pub. L. 103–432 provided that: “Each amendment made by this section [amending this section and sections 1320b–9, 1382a, and 1383 of this title] shall take effect as if included in the provision of OBRA–1990 [Pub. L. 101–508] to which the amendment relates at the time such provision became law.”

Effective Date of 1993 Amendment

Section 13742(b) of Pub. L. 103–66 provided that: “The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1993, and shall apply to payments under part A of title IV of the Social Security Act [this part] for fiscal year 1994 and such payments for succeeding fiscal years.”

Effective Date of 1990 Amendment

Section 5051(c) of Pub. L. 101–508 provided that: “The amendments made by this section [amending this section] shall take effect with respect to reports pertaining to, or aid payable for, months beginning in or after October 1990.”

Section 5053(b) of Pub. L. 101–508 provided that: “The amendments made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Nov. 5, 1990].”

Section 5054(c) of Pub. L. 101–508 provided that: “The amendments made by this section [amending this section and section 671 of this title] shall apply with respect to benefits for months beginning on or after the first day of the 6th calendar month following the month in which this Act is enacted [November 1990].”

Section 5055(b) of Pub. L. 101–508 provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Nov. 5, 1990].”

Section 5060(b) of Pub. L. 101–508 provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Nov. 5, 1990].”

Section 5081(e) of Pub. L. 101–508 provided that: “Except as otherwise expressly provided, the amendments made by this section [amending this section and section 603 of this title] shall take effect on October 1, 1990.”

Section 11115(e) of Pub. L. 101–508 provided that: “The amendments made by subsections (a) though [sic] (c) [amending this section and sections 1382a and 1382b of this title] shall apply to determinations of income or resources made for any period after December 31, 1990.”

Effective Date of 1989 Amendment

Section 10403(a)(1)(B)(ii) of Pub. L. 101–239 provided that: “The amendments made by clause (i) [amending this section and section 652 of this title] shall take effect as if such amendments had been included in section 123(d) of the Family Support Act of 1988 [Pub. L. 100–485] on the date of the enactment of such Act [Oct. 13, 1988].”

Section 10403(a)(1)(C)(ii) of Pub. L. 101–239 provided that: “The amendments made by clause (i) [amending this section] shall take effect as if such amendments had been included in section 302(c) of the Family Support Act of 1988 [Pub. L. 100–485] on the date of the enactment of such Act [Oct. 13, 1988].”

Effective and Termination Dates of 1988 Amendment

Section 102(c) of Pub. L. 100–485 provided that: “The amendments made by this section [amending this section and section 657 of this title] shall become effective on the first day of the first calendar quarter which begins after the date of the enactment of this Act [Oct. 13, 1988].”

Amendment by sections 201(a) and 202(b)(1)–(3) of Pub. L. 100–485 effective Oct. 1, 1990, with provision for earlier effective dates in case of States making certain changes in their State plans and formally notifying the Secretary of Health and Human Services of their desire to become subject to the amendments by title II of Pub. L. 100–485 at such earlier effective dates, see section 204(a), (b)(1) of Pub. L. 100–485, set out as an Effective Date note under section 681 of this title.

Section 303(f) of Pub. L. 100–485, as amended by Pub. L. 101–239, title VI, §6411(i)(2), Dec. 19, 1989, 103 Stat. 2273, provided that:

“(1) The amendments made by this section [enacting section 1396r–6 of this title, amending sections 1396a and 1396d of this title] (other than subsections (b)(3), (d), and (e) [amending this section and section 1396a of this title and provisions set out as a note under section 606 of this title]) shall apply to payments under title XIX of the Social Security Act [section 1396 et seq. of this title] for calendar quarters beginning on or after April 1, 1990 (or, in the case of the Commonwealth of Kentucky, October 1, 1990) (without regard to whether regulations to implement such amendments are promulgated by such date), with respect to families that cease to be eligible for aid under part A of title IV of the Social Security Act [this part] on or after such date.

“(2)(A) The amendment made by subsection (b)(3) [amending this section] shall become effective on April 1, 1990, but such amendment shall not apply with respect to families that cease to be eligible for aid under part A of title IV of the Social Security Act before such date.

“(B) Effective September 30, 1998, the amendment made by subsection (b)(3) is repealed.

“(C) Section 402(a)(37) of the Social Security Act [subsec. (a)(37) of this section], as in effect immediately before April 1, 1990, shall become effective on September 30, 1998.

“(3) The amendment made by subsection (d) [amending section 1396a of this title] shall become effective on the effective date of section 402(a)(43) of the Social Security Act, as inserted by section 403(a) of this Act [see section 403(b) of Pub. L. 100–485 set out below].

“(4) The amendment made by subsection (e) [amending provisions set out as a note under section 606 of this title] shall take effect on October 1, 1988.”

Section 304 of Pub. L. 100–485 provided that:

“(a) Child Care for Participants in Employment, Education, and Training.—The amendment made by section 301 [amending this section] shall become effective with respect to a State on the date the amendments made by title II become effective [see section 204 of Pub. L. 100–485, set out as an Effective Date note under section 681 of this title] with respect to the State.

“(b) Transitional Child Care.—(1) The amendments made by section 302 [amending this section and section 603 of this title] shall become effective on April 1, 1990.

“(2) Effective September 30, 1998, the amendments made by section 302 are repealed.”

Section 401(g) of Pub. L. 100–485, as amended by Pub. L. 103–432, title II, §234(a), Oct. 31, 1994, 108 Stat. 4466, provided that:

“(1) Except as provided in paragraph (2), and in section 1905(m)(2) of the Social Security Act [section 1396d(m)(2) of this title] (as added by subsection (d)(2) of this section), the amendments made by this section [amending this section and sections 607, 1396a, and 1396d of this title] shall become effective on October 1, 1990.

“(2) The amendments made by this section shall not become effective with respect to Puerto Rico, American Samoa, Guam, or the Virgin Islands, until the date of the repeal of the limitations contained in section 1108(a) of the Social Security Act [section 1308(a) of this title] on payments to such jurisdictions for purposes of making maintenance payments under parts A and E of title IV of such Act [this part and part E of this subchapter].”

[Section 234(b) of Pub. L. 103–432 provided that: “The amendment made by subsection (a) [amending section 401(g)(2) of Pub. L. 100–485, set out above] shall take effect as if included in the provision of the Family Support Act of 1988 [Pub. L. 100–485] to which the amendment relates at the time such provision became law.”]

Section 401(h) of Pub. L. 100–485 provided that: “Effective September 30, 1998, the amendments made by this section [amending this section and sections 607, 1396a, and 1396d of this title] (other than by subsection (d) [amending sections 1396a and 1396d of this title]) are repealed, and the provisions of law so amended (as in effect immediately before the effective date of such amendments [see section 401(g) of Pub. L. 100–485, set out above]) shall apply as if such amendments had never been made.”

Section 402(d) of Pub. L. 100–485 provided that: “The amendments made by this section [amending this section] shall become effective on October 1, 1989.”

Section 403(b) of Pub. L. 100–485 provided that: “The amendments made by this section [amending this section] shall become effective on the first day of the first calendar quarter to begin one year or more after the date of the enactment of this Act [Oct. 13, 1988].”

Section 404(b) of Pub. L. 100–485 provided that: “The amendment made by subsection (a) [amending this section] shall become effective on the date of the enactment of this Act [Oct. 13, 1988].”

Section 604(b) of Pub. L. 100–485 provided that: “The amendments made by subsection (a) [amending this section] shall become effective on July 1, 1989.”

Section 605(b)(1) of Pub. L. 100–485 provided that: “The amendments made by subsection (a) [amending this section] shall become effective on October 1, 1989.”

Effective Date of 1987 Amendment

Section 9102(d) of Pub. L. 100–203 provided that: “The amendments made by this section [enacting section 616 of this title and amending this section and section 603 of this title] shall become effective April 1, 1988.”

Section 9133(c) of Pub. L. 100–203 provided that: “The amendments made by this section [amending this section and sections 672, 673, and 675 of this title] shall become effective April 1, 1988.”

Effective Date of 1986 Amendments

Section 1883(a)(5) of Pub. L. 99–514 provided that the amendment made by that section is effective July 18, 1984.

Section 1883(b)(1)(B) of Pub. L. 99–514 provided that: “The amendment made by this paragraph [amending this section] shall be effective beginning October 1, 1984.”

Section 1883(b)(2)(C) of Pub. L. 99–514 provided that: “The amendments made by this paragraph [amending this section] shall be effective beginning October 1, 1984.”

Section 1883(b)(3)(B) of Pub. L. 99–514 provided that: “The amendment made by subparagraph (A) [amending this section] shall be effective beginning October 1, 1984.”

Section 1883(b)(4)(B) of Pub. L. 99–514 provided that the amendment made by that section is effective July 18, 1984.

Amendment by section 1883(b)(5) of Pub. L. 99–514 effective Oct. 22, 1986, see section 1883(f) of Pub. L. 99–514, set out as a note under section 402 of this title.

Section 12303(b) of Pub. L. 99–272 provided that: “The amendment made by subsection (a) [amending this section] shall become effective on the date of the enactment of this Act [Apr. 7, 1986], but shall apply only with respect to sums expended by the States for the purposes described in section 403(a)(3)(B) of the Social Security Act [section 603(a)(3)(B) of this title] on or after the date of the enactment of this Act.”

Section 12304(b) of Pub. L. 99–272 provided that: “The amendments made by subsection (a) [amending this section] shall apply to calendar quarters beginning on or after the date of the enactment of this Act [Apr. 7, 1986].”

Effective Date of 1984 Amendments

Section 9(c) of Pub. L. 98–378 provided that: “The amendments made by this section [amending this section and sections 603 and 652 of this title] shall be effective on and after October 1, 1983.”

Section 2624(b) of Pub. L. 98–369 provided that:

“(1) The amendments made by this section [amending this section] shall apply with respect to months beginning on or after October 1, 1984.

“(2) Such amendments shall apply with respect to families which ceased to receive aid under the applicable State plan (for the reason stated in section 402(a)(37) of the Social Security Act [subsec. (a)(37) of this section] as added by subsection (a) of this section) before October 1, 1984, as well as with respect to families which cease to receive aid (for that reason) on or after that date; but any family which ceased to receive such aid before that date, in order to be eligible to be treated as receiving aid under the plan for any period after ceasing to receive such aid (as provided for in such section 402(a)(37))—

“(A) must make its application for such treatment no later than the end of the sixth month after the month in which final regulations governing the application of such section 402(a)(37) are promulgated by the Secretary of Health and Human Services (and in the case of any such family the term ‘last month for which the family actually received such aid’ as used in such section 402(a)(37) means the month before the month in which the family makes such application);

“(B) must be a family that would have been continuously eligible for aid under the State plan (without regard to the amendments made by this section), from the time it ceased to receive such aid to the time of its application under subparagraph (A), if section 402(a)(8)(A)(iv) of such Act applied; and

“(C) must fully disclose, in its application under subparagraph (A), any health insurance coverage which its members may have in effect.”

Section 2625(b) of Pub. L. 98–369 provided that: “The amendments made by subsection (a) [amending this section] shall become effective on the date of the enactment of this Act [July 18, 1984].”

Section 2632(b)(2) of Pub. L. 98–369 provided that the amendment made by such section 2632(b)(2) is effective July 18, 1984.

Section 2639(d) of Pub. L. 98–369, as amended by Pub. L. 100–203, title IX, §9101, Dec. 22, 1987, 101 Stat. 1330–299, provided that: “The amendments made by this section [amending this section and section 1382a of this title and repealing section 545(a)–(c) of Pub. L. 97–424 and section 404 of Pub. L. 98–21, which had previously amended this section and section 1382a(b)(13) of this title and had provided effective dates for those prior amendments] shall be effective with respect to months which begin after September 30, 1984.”

[Section 9101 of Pub. L. 100–203 provided that the amendment made by that section (section 2639(d) of Pub. L. 98–369, set out as a note above) is effective as of Oct. 1, 1987.]

Section 2642(c) of Pub. L. 98–369 provided that: “The amendments made by this section [amending this section] shall become effective June 1, 1984.”

Section 2646 of Pub. L. 98–369 provided that: “Except as otherwise specifically provided in this subtitle [subtitle B (§§2611–2646) of Pub. L. 98–369], the provisions of parts 1 and 2 [sections 2611 to 2642 of Pub. L. 98–369, enacting section 1320b–6 of this title, amending this section and sections 609, 614, 615, 657, 1320a–6, 1382 to 1382b, 1382j, and 1383 of this title and section 51 of Title 26, Internal Revenue Code, and enacting provisions set out as notes under this section and sections 609, 614, 1320a–6, 1382a, and 1383 of this title and section 51 of Title 26] and the amendments made thereby shall take effect on October 1, 1984.”

Amendment by section 2651(b)(1), (2) of Pub. L. 98–369 effective Apr. 1, 1985, except as otherwise provided, see section 2651(l)(2) of Pub. L. 98–369, set out as an Effective Date note under section 1320b–7 of this title.

Amendment by section 2663(c)(1) of Pub. L. 98–369 effective July 18, 1984, but not to be construed as changing or affecting any right, liability, status, or interpretation which existed (under the provisions of law involved) before that date, see section 2664(b) of Pub. L. 98–369, set out as an Effective Date of 1984 Amendment note under section 401 of this title.

Effective and Termination Dates of 1983 Amendments

Section 404(c) of Pub. L. 98–21, which provided that the amendments made by section 404 [amending this section and section 1382a of this title] were effective with respect to months which began after April 1983 and ended before Oct. 1, 1984, was repealed by section 2369(c)(2), (d) of Pub. L. 98–369, effective with respect to months which begin after Sept. 30, 1984.

Section 545(c) of Pub. L. 97–424, which provided that the amendments made by subsections (a) and (b) of section 545 [amending this section and section 1382a of this title] were effective with respect to home energy assistance received in months beginning on or after Jan. 6, 1983, and prior to July 1, 1985, was repealed by section 2639(c)(1), (d) of Pub. L. 98–369, effective with respect to months which begin after Sept. 30, 1984.

Effective Date of 1982 Amendment

Section 151(b) of Pub. L. 97–248 provided that: “The amendment made by this section [amending this section] shall become effective on October 1, 1982.”

Section 152(b) of Pub. L. 97–248 provided that: “The amendments made by this section [amending this section] shall become effective on October 1, 1982.”

Section 154(d) of Pub. L. 97–248 provided that: “The amendments made by this section [amending this section and sections 603 and 609 of this title] shall become effective on October 1, 1982.”

Effective Date of 1981 Amendment

Amendment by section 2320(a) of Pub. L. 97–35 effective Aug. 13, 1981, and amendment by section 2320(b)(1) of Pub. L. 97–35 effective with respect to individuals applying for aid to families with dependent children under any approved State plan for the first time after September 30, 1981, see section 2320(c) of Pub. L. 97–35, set out as an Effective Date note under section 615 of this title.

Section 2321 of Pub. L. 97–35 provided that:

“(a) Except as otherwise specifically provided in the preceding sections of this chapter [sections 2301–2320 of Pub. L. 97–35] or in subsection (b), the provisions of this chapter and the amendments and repeals made by this chapter [enacting sections 614 and 645 of this title, amending this section and sections 603, 606, 607, 609, and 612 of this title, and repealing a provision set out as a note under section 609 of this title] shall become effective on October 1, 1981.

“(b) If a State agency administering a plan approved under part A of title IV of the Social Security Act [part A of this subchapter] demonstrates, to the satisfaction of the Secretary of Health and Human Services, that it cannot, by reason of State law, comply with the requirements of an amendment made by this chapter to which the effective date specified in subsection (a) applies, the Secretary may prescribe that, in the case of such State, the amendment will become effective beginning with the first month beginning after the close of the first session of such State's legislature ending on or after October 1, 1981. For purposes of the preceding sentence, the term ‘session of a State's legislature’ includes any regular, special, budget, or other session of a State legislature.”

Amendment by section 2353(b)(1), (c) of Pub. L. 97–35 effective Oct. 1, 1981, except as otherwise explicitly provided, see section 2354 of Pub. L. 97–35, set out as an Effective Date note under section 1397 of this title.

Effective Date of 1980 Amendments

Section 101(a)(3)(B) of Pub. L. 96–272 provided that: “The amendment made by subparagraph (A) [amending this section] shall become effective with respect to any State at the same time as the repeal of section 408 [section 608 of this title] becomes effective with respect to such State under the provisions of paragraph (2) of this subsection [set out as a Repeal of Section note under section 608 of this title].”

Section 302(b) of Pub. L. 96–272 provided that: “The amendments made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [June 17, 1980].”

Section 401(i) of Pub. L. 96–265 provided that: “The amendments made by this section [amending this section and section 603 of this title] (other than those made by subsections (c) and (d) [amending this section]) shall take effect on September 30, 1980, and the joint regulations referred to in section 402(a)(19)(F) of the Social Security Act [subsec. (a)(19)(F) of this section] (as amended by this section) shall be promulgated on or before such date, and take effect on such date.”

Section 403(c) of Pub. L. 96–265 provided that: “The amendments made by this section [amending this section and section 1397b of this title] shall take effect on September 1, 1980.”

Amendment by section 406(b) of Pub. L. 96–265 effective with respect to expenditures made during calendar quarters beginning on or after July 1, 1981, see section 406(d) of Pub. L. 96–265, set out as an Effective Date note under section 613 of this title.

Section 101(b)(1)(B) of Pub. L. 96–222 provided that: “The amendments made by subparagraphs (A) and (B) of subsection (a)(2) [amending this section and section 1382a of this title] shall apply to payments for months beginning after December 31, 1979.”

Effective Date of 1977 Amendment

Section 403(d) of Pub. L. 95–216 provided that: “The amendments made by this section [enacting section 611 of this title and amending this section and section 3304 of Title 26, Internal Revenue Code] shall be effective on the date of the enactment of this Act [Dec. 20, 1977].”

Effective Date of 1975 Amendments

Section 210 of Pub. L. 94–88 provided that: “The amendments made by this title [amending this section and sections 603, 654, and 655 of this title and enacting provisions set out as notes under this section and section 655 of this title] shall, unless otherwise specified therein, become effective August 1, 1975.”

Amendment by section 3(a)(1), (2), (8) of Pub. L. 93–647 effective with respect to payments under sections 603 and 803 of this title for quarters commencing after Sept. 30, 1975, but not effective with respect to the Commonwealth of Puerto Rico, the Virgin Islands, or Guam, see section 7(b) of Pub. L. 93–647, set out as a note under section 303 of this title.

Amendment by section 101(c)(2)–(5), (8) of Pub. L. 93–647 effective August 1, 1975, see section 101(f) of Pub. L. 93–647, set out as an Effective Date note under section 651 of this title.

Effective Date of 1972 Amendment

Section 299E(c) of Pub. L. 92–603 provided that the amendment made by that section is effective Jan. 1, 1973.

Section 414(b) of Pub. L. 92–603 provided that: “The amendments made by subsection (a) [amending this section] shall be effective on and after January 1, 1973.”

Effective Date of 1971 Amendment

Section 3(c) of Pub. L. 92–223 provided that: “The amendments made by this section [amending this section and sections 603, 607, 630 to 636, 638, 639, 641 to 644 of this title] shall, except as otherwise specified herein, take effect on July 1, 1972.”

Effective Date of 1968 Amendment

Section 201(g) of Pub. L. 90–248 provided that:

“(1) The amendments made by subsections (a), (b), (d), (e), and (f) of this section [amending this section and sections 603, 606, and 608 of this title] shall be effective July 1, 1968 (or earlier if the State plan so provides); except that (A) if on the date of enactment of this Act [Jan. 2, 1968] the agency of a State referred to in section 402(a)(3) of the Social Security Act [subsec. (a)(3) of this section] is different from the agency of such State responsible for administering the plan for child-welfare services developed pursuant to part B of title IV of the Social Security Act [part B of this subchapter] the provisions of section 402(a)(15)(F) of such Act (added thereto by subsection (a) of this section) shall not apply with respect to such agencies but only so long as such agencies of the State are different, and (B) if on such date the local agency administering the plan of a State under part A of title IV of such Act [part A of this subchapter] in a political subdivision is different from the local agency in such subdivision administering the State's plan for child-welfare services developed pursuant to part B of title IV of such Act the provisions of such section 402(a)(15)(F) shall not apply with respect to such agencies but only so long as such local agencies are different.

“(2) The amendment made by subsection (c) [amending section 603 of this title], shall apply with respect to services furnished after June 30, 1968, or furnished after such earlier date as the State plan may provide with respect to the amendment made by paragraph (1) of this subsection.”

Section 202(b) of Pub. L. 90–248 provided that the amendment made by such section 202(b) is effective July 1, 1969.

Section 204(c)(1) of Pub. L. 90–248 provided that: “The amendment made by subsection (b) [amending this section] shall in the case of any State be effective on July 1, 1968, or if a statue of such State prevents it from complying with the requirements of such amendment on such date, such amendment shall with respect to such State be effective on July 1, 1969; except such amendment shall be effective earlier (in the case of any State), but not before April 1, 1968, if a modification of the State plan to comply with such amendment is approved on an earlier date.”

Amendment by section 210(a)(2) of Pub. L. 90–248 effective July 1, 1969, or, if earlier (with respect to a State's plan approved under part A of this subchapter) on the date as of which the modification of the State plan to comply with such amendment is approved, see section 210(b) of Pub. L. 90–248, set out as a note under section 302 of this title.

Section 211(a) of Pub. L. 90–248 provided that the amendment made by that section is effective Jan. 1, 1969.

Effective Date of 1965 Amendment

Section 403(b) of Pub. L. 89–97 provided that the amendment made by that section is effective Oct. 1, 1965.

Section 410 of Pub. L. 89–97 provided that the amendment made by that section is effective July 1, 1965.

Effective Date of 1962 Amendment

Amendment by sections 103 and 106(b) of Pub. L. 87–543 effective July 1, 1963, see section 202(a) of Pub. L. 87–543, set out as a note under section 302 of this title.

Effective Date of 1956 Amendment

Amendment by act Aug. 1, 1956, effective July 1, 1957, see section 314 [315] of act Aug. 1, 1956, set out as a note under section 302 of this title.

Effective Date of 1950 Amendment

Section 321(a), (c) of act Aug. 28, 1950, provided that the amendments made by that section are effective July 1, 1951, and July 1, 1952, respectively.

Effective Date of 1939 Amendment

Section 401(b) of act Aug. 10, 1939, provided that the amendment made by that section is effective July 1, 1941.

Transfer of Functions

Functions, powers, and duties of Secretary under subsec. (a)(5) of this section, insofar as relates to the prescription of personnel standards on a merit basis, transferred to Office of Personnel Management, see section 4728(a)(3)(D) of this title.

New Hope Demonstration Project

Section 233 of Pub. L. 103–432 provided that:

“(a) In General.—The Secretary of Health and Human Services (in this section referred to as the ‘Secretary’) shall provide for a demonstration project for a qualified program to be conducted in Milwaukee, Wisconsin, in accordance with this section.

“(b) Payments.—For each calendar quarter in which there is a qualified program approved under this subsection, the Secretary shall pay to the operator of the qualified program, for no more than 20 calendar quarters, an amount equal to the aggregate amount that would otherwise have been payable to the State with respect to participants in the program for such calendar quarter, in the absence of the program, for cash assistance and child care under part A of title IV of the Social Security Act [this part], for medical assistance under title XIX of such Act [subchapter XIX of this chapter], and for administrative expenses related to such assistance. The amount payable to the operator of the program under this section shall not include the costs of evaluating the effects of the program.

“(c) Demonstration Project Described.—For purposes of this section, the term ‘qualified program’ means a program operated—

“(1) by The New Hope Project, Inc., a private, not-for-profit corporation incorporated under the laws of the State of Wisconsin (in this section referred to as the ‘operator’), which offers low-income residents of Milwaukee, Wisconsin, employment, wage supplements, child care, health care, and counseling and training for job retention or advancement; and

“(2) in accordance with an application submitted by the operator of the program and approved by the Secretary based on the Secretary's determination that the application satisfies the requirements of subsection (d).

“(d) Contents of Application.—The operator of the qualified program shall provide, in its application to conduct a demonstration project for the program, that the following terms and conditions will be met:

“(1) The operator will develop and implement an evaluation plan designed to provide valid and reliable information on the impact and implementation of the program. The evaluation plan will include adequately sized groups of project participants and control groups assigned at random.

“(2) The operator will develop and implement a plan addressing the services and assistance to be provided by the program, the timing and determination of payments from the Secretary to the operator of the program, and the roles and responsibilities of the Secretary and the operator with respect to meeting the requirements of this paragraph.

“(3) The operator will specify a reliable methodology for determining expenditures to be paid to the operator by the Secretary, with assistance from the Secretary in calculating the amount that would otherwise have been payable to the State in the absence of the program, pursuant to subsection (b).

“(4) The operator will issue an interim and final report on the results of the evaluation described in paragraph (1) to the Secretary at such times as required by the Secretary.

“(e) Effective Date.—This section shall take effect on the first day of the first calendar quarter that begins after the date of the enactment of this Act [Oct. 31, 1994].”

AFDC Waiver of Overpayment

Section 11115(d) of Pub. L. 101–508 provided that: “For the purposes of section 402(a)(18) of the Social Security Act (42 U.S.C. 602(a)(18)), a State agency designated under a State plan under section 402(a)(3) of such Act may waive any overpayment of aid that resulted from the receipt by a family of a refund of Federal income taxes by reason of section 32 of the Internal Revenue Code of 1986 [26 U.S.C. 32] (relating to earned income tax credit) or any payment made to such family by an employer under section 3507 of such Code [26 U.S.C. 3507] (relating to advance payment of earned income credit) during the period beginning on January 1, 1990, and ending on December 31, 1990.”

Demonstration of Effectiveness of Minnesota Family Investment Plan

Section 8015 of Pub. L. 101–239, as amended by Pub. L. 101–508, title V, §5059, Nov. 5, 1990, 104 Stat. 1388–230, provided that:

“(a) In General.—Upon written application of the State of Minnesota (in this section referred to as the ‘State’) within 24 months after the date of the enactment of this Act [Dec. 19, 1989], and after the Secretary of Health and Human Services approves the application as meeting the requirements set forth in subsection (b), the State may conduct a demonstration project to determine whether the State family investment plan helps families to become self-supporting and enhances the ability of families to care for their children more effectively than does the State program of aid to families with dependent children under parts A and F of title IV of the Social Security Act [this part and part F of this subchapter].

“(b) Project Requirements.—In an application submitted under subsection (a), the State shall provide that the following terms and conditions shall be in effect under the demonstration project:

“(1) Field trials.—The project will consist of 2 field trials, conducted as follows:

“(A) Urban field trial.—1 field trial will be conducted in 1 or more of the following counties in the State:

“(i) Anoka.

“(ii) Carver.

“(iii) Dakota.

“(iv) Hennepin.

“(v) Scott.

“(vi) Washington.

“(B) Rural field trial.—1 field trial will be conducted in 1 or more counties in the State not specified in subparagraph (A).

“(C) Number of families involved.—The field trials will not involve more than a total of 6,000 families at any one time, excluding families whose sole involvement is as members of control groups needed to evaluate the project.

“(2) Authority to implement field trials differently.—The implementation of the family investment plan in 1 field trial may be different from the implementation of such plan in the other field trial.

“(3) Waivers required before project begins.—The project will not begin before all waivers required as described in subsection (d) have been granted.

“(4) Beginning of project.—

“(A) In general.—The project will begin during the first month of a calendar quarter.

“(B) Begin defined.—For purposes of this section, the project begins when the first family receives assistance under the project.

“(5) Project to be operated in accordance with certain minnesota laws.—The project will be operated in accordance with the 1989 Minnesota Laws, sections 6 through 11, 13, 130, and 132 of article 5 of chapter 282, and all amendments to the Laws of Minnesota, to the extent that such laws and amendments are consistent with the goals of the project and this subsection.

“(6) Project participants ineligible for afdc.—Each family which participates in the project or that is assigned to and found eligible for the project will not be eligible for aid under the State plan approved under section 402(a) of the Social Security Act [subsec. (a) of this section].

“(7) Medicaid eligibility rules applicable to project.—

“(A) Eligibility of participants.—

“(i) In general.—Each family which participates in the project and would (but for such participation) be eligible for aid under the State plan approved under section 402(a) of the Social Security Act will be treated as receiving such aid for purposes of the State plan approved under section 1902(a) of such Act [section 1396a(a) of this title].

“(ii) Eligibility extended for project participants with increased employment income.—Each family which participates in the project and, during such participation, would (but for such participation) become ineligible for aid under the State plan approved under section 402(a) of the Social Security Act by reason of increased income from employment will, for purposes of section 1925 of such Act [section 1396r–6 of this title], be treated as a family that has become ineligible for such aid.

“(B) Eligibility extended for persons leaving project because of increased receipt of child support.—Each family whose participation in the project is terminated by reason of the collection or increased collection of child support under part D of title IV of the Social Security Act [part D of this subchapter] will be treated as a recipient of aid to families with dependent children for purposes of title XIX of such Act [subchapter XIX of this chapter] for an additional 4 calendar months beginning with the month in which the termination occurs.

“(8) AFDC rules to apply generally.—

“(A) In general.—Except where inconsistent with this subsection, the requirements of the State plan approved under section 402(a) of the Social Security Act will apply to the project, unless waived by the Secretary of Health and Human Services in accordance with subsection (d).

“(B) Rules relating to participation in education, employment, and training activities.—

“(i) Participation generally not required.—Except as provided in clause (ii), the State will not require any individual who applies for or receives assistance under the project to comply with any education, employment, or training requirement of title IV of the Social Security Act [this subchapter], unless required to do so under a contract entered into under the project.

“(ii) Authority to require participation of parent of child age 1 or older.—The State may require any individual to comply with any education, employment, or training requirement imposed under the project if the State plan approved under section 402(a) of the Social Security Act does not prohibit the State from requiring such compliance (except that the age of the youngest child may be age 1 under the project even if the State plan specifies age 3), and the individual—

“(I) receives assistance under the project; and

“(II) is the parent or relative of a child who has attained the age of 1 year (except that, in a 2-parent family, this clause applies only to 1 parent).

“(9) Availability of education, employment, and training services.—The State will make available education, employment, and training services equivalent to those services available under the State plan approved under part F of title IV of the Social Security Act [part F of this subchapter] to families required to enter into and comply with a contract with a county agency under the 1989 Minnesota Laws, section 10 of article 5 of chapter 282.

“(10) Assistance under project not less than under afdc and food stamp program.—

“(A) Establishment of policies and standards.—The State will establish policies and standards to ensure that, except when a sanction is implemented under the 1989 Minnesota Laws, subdivision 3 of section 10 of article 5 of chapter 282, families participating in the project receive assistance under the project in an amount not less than the aggregate value of the assistance that such families would have received under the State plan approved under section 402(a) of such Act and under the food stamp program established under the Food Stamp Act of 1977 [7 U.S.C. 2011 et seq.] in the absence of the project.

“(B) Identification of characteristics of participants who might receive less benefits than under afdc and food stamp program.—The State will identify the set or sets of characteristics of families that (but for this paragraph) might receive benefits under the project in an amount less than the amount required under subparagraph (A) to be provided to such family.

“(C) Determination of benefit level for participants with identified characteristics.—The State will establish a mechanism to determine, for each family with any set of characteristics identified under subparagraph (B), whether the family would (but for this paragraph) receive benefits under the project in an amount less than the amount required under subparagraph (A) to be provided to such family.

“(D) Assistance under project increased where necessary.—The State will, for each family which would (but for this paragraph) receive benefits under the project in an amount less than the amount required under subparagraph (A) to be provided to such family, increase the amount of such benefits to such family to the amount so required.

“(11) Termination of project.—The project will terminate at the end of the 5-year period beginning on the first day of the month during which the project begins, or, if earlier—

“(A) 180 days after the State notifies the Secretary of Health and Human Services that the State intends to terminate the project;

“(B) 180 days after the Secretary of Health and Human Services, after 30 days written notice to the State and opportunity for a hearing, determines that the State has materially failed to comply with this section; or

“(C) on agreement by the State and the Secretary of Health and Human Services.

“(12) Liability for costs.—For each fiscal year, the Secretary shall not be liable for any costs related to carrying out the project in excess of those that the Secretary would have been liable for had the project not been implemented, except for costs for evaluating the project.

“(c) Funding.—

“(1) In general.—If an application submitted under subsection (a) by the State complies with the requirements specified in subsection (b) and contains an evaluation plan which meets the requirements of subsection (g), and the Secretary of Health and Human Services approves the application, then the Secretary shall, from amounts made available under parts A and F of title IV of the Social Security Act [this part and part F of this subchapter]—

“(A) pay the State for each calendar quarter, pursuant to section 403 of such Act [section 603 of this title], the amounts that would have been payable to the State during such calendar quarter, in the absence of the demonstration project, for cash assistance, child care, education, employment and training, and administrative expenses under the State plan approved under section 402(a) [subsec. (a) of this section] of such Act;

“(B) reimburse the State at the rate of 25 percent, for expenses of evaluating the effects of the project.

“(2) Rule of construction.—Paragraph (1) shall not be construed to prevent the State from claiming and receiving reimbursement for additional persons who would qualify for assistance under the State plan approved under section 402(a) of the Social Security Act, for costs attributable to increases in the State's payment standard under such plan, or for any other benefits and services for which Federal matching funds are available under parts A and F of title IV of such Act.

“(d) Waiver Authority.—

“(1) AFDC waivers.—

“(A) In general.—Except as provided in subparagraph (B), the Secretary of Health and Human Services shall, with respect to the demonstration project under this section, waive any requirement of part A or F of title IV of the Social Security Act [this part or part F of this subchapter] that, if applied, would prevent the State from (i) carrying out the project in accordance with subsection (b), or (ii) effectively achieving its purposes, but only to the extent necessary to enable the State to carry out the project.

“(B) Limitations.—The Secretary of Health and Human Services may not, with respect to the demonstration project under this section—

“(i) waive any requirement of section 402(a)(4) [subsec. (a)(4) of this section] or 482(h) of the Social Security Act [section 682(h) of this title];

“(ii) except when a sanction is implemented under the 1989 Minnesota Laws, subdivision 3 of section 10 of article 5 of chapter 282, permit the State to provide assistance to any family under the project in an amount less than the aggregate value of the assistance that would have been provided to such family under the State plan approved under section 402(a) of such Act and under the food stamp program established under the Food Stamp Act of 1977 [7 U.S.C. 2011 et seq.] in the absence of the project; or

“(iii) waive any requirement of subparagraph (C), (D), or (E) of section 402(a)(19) of such Act (except that the exemption for a parent with a child under 1 year of age need not be specified in the State plan).

“(2) Other waivers.—If, under this section, the Secretary of Health and Human Services approves an application by the State to conduct a demonstration project relating to the State family investment plan, the Secretary of Health and Human Services shall, in order to enable the State to implement the demonstration project—

“(A)(i) require that the State treat each family participating in the project as individuals eligible for medical assistance under section 1902(a)(10)(A) of the Social Security Act [section 1396a(a)(10)(A) of this title],

“(ii) require that the State treat, for purposes of section 1925 of such Act [section 1396r–6 of this title], each family whose participation in the project is terminated by reason of increased income from employment as a family that has become ineligible for aid under the State plan approved under part A of title IV of such Act, and

“(iii) require that the State treat each family whose participation in the project is terminated by reason of the collection or increased collection of child support under part D of title IV of the Social Security Act [part D of this subchapter] as a recipient of aid to families with dependent children for purposes of title XIX of such Act [subchapter XIX of this chapter] for an additional 4 calendar months beginning with the month in which such termination occurs; and

“(B) make payment, under section 1903 of such Act [section 1396b of this title], for medical assistance and administrative expenses for families participating in the project in the same manner as such payments may be made for medical assistance and administrative expenses for individuals entitled to benefits under title XIX of such Act, except that the aggregate amount of such payments may not exceed the aggregate amount of payments that would have been made for those families in the absence of such project.

“(e) Definitions of Certain Terms.—As used in this section, the terms ‘family’ and ‘contract’ shall have the meaning given such terms by the 1989 Minnesota Laws, sections 6 through 11, 13, 130, and 132 of article 5 of chapter 282.

“(f) Quality Control.—Cases participating in the demonstration project under this section during a fiscal year shall be excluded from any sample taken for purposes of determining under section 403(i) or 408 of the Social Security Act [sections 603(i), 608 of this title], whichever is applicable, the rate at which the State made overpayments under part A of title IV of such Act [this part] for the fiscal year. For purposes of such sections 403(i) and 408, payments made by the State under the project shall be treated as payments made under the State plan approved under section 402(a) of such Act [subsec. (a) of this section].

“(g) Evaluation of Project.—

“(1) Evaluation plan.—The State shall develop and implement an evaluation plan designed to provide reliable information on the impact and implementation of the demonstration project. The evaluation plan shall include groups of project participants and control groups assigned at random in the field trial conducted in accordance with subsection (b)(1)(A).

“(2) Evaluation.—The evaluation conducted under the evaluation plan shall measure the extent to which the project increases family employment and income, prevents long-term dependency, moves families toward self-support, reduces total assistance payments, and simplifies the welfare system.

“(3) Reports.—The State shall issue an interim report and a final report on the results of the evaluation described in paragraph (2) to the Secretary of Health and Human Services at such times as the Secretary shall require.

“(h) Report to Congress.—Within 3 months after receipt of the final report issued pursuant to subsection (g)(3), the Secretary of Health and Human Services shall report to the Congress the results of the evaluation described in subsection (g)(2).

“(i) Construction.—For purposes of any Federal, State, or local law other than part A of title IV of the Social Security Act [this part], the Food Stamp Act of 1977 [7 U.S.C. 2011 et seq.], or this section—

“(1) families participating in the project shall be considered to be recipients of aid under such part; and

“(2) cash assistance provided under the project to any such family and not designated by the State as food assistance shall be treated as if such assistance were aid received under such part.”

Study of Welfare Requalification and Promulgation of Regulations

Section 302(d) of Pub. L. 100–485 provided that: “The Secretary of Health and Human Services shall conduct a study to determine whether individuals who ceased receiving aid under the State program of aid to families with dependent children approved under this part [probably means part A of subchapter IV of this chapter] have begun again to receive such aid in order to requalify for additional months of transition benefits, and if the study reveals that such is the case, the Secretary shall, not earlier than October 1, 1991, issue regulations which restrict such requalification.”

Study on Effects of Extending Eligibility for Child Care

Section 302(e) of Pub. L. 100–485 provided that: “The Secretary of Health and Human Services shall conduct a study on the effectiveness of the amendments made by this section [amending this section and section 603 of this title] in reducing welfare dependence and assisting families in making the transition from welfare to employment, and such other effects of such amendments as the Secretary may find appropriate, and shall report the results of such study not later than September 30, 1997.”

Congressional Budget Office Study on Implementation of National Minimum Payment Standard

Section 405 of Pub. L. 100–485 provided that:

“(a) In General.—The Congressional Budget Office shall conduct a study on the implementation of the amendments proposed by section 101 of the bill introduced in the Senate of the United States during the 100th Congress and designated S. 862 (relating to the requirement of a minimum payment standard under part A of title IV of the Social Security Act [this part] with a Federal matching rate of 90 percent).

“(b) Description of Study.—The study conducted under subsection (a) shall assess the extent to which—

“(1) the goal of budget neutrality may be preserved by repealing the programs included in, but not limited to, the programs described in the amendments proposed by section 301 of the bill described in subsection (a) over a more gradual period of time in conjunction with corresponding increases (up to 90 percent) in the Federal matching rates under part A of title IV [this part], and title XIX [subchapter XIX of this chapter], of the Social Security Act; and

“(2) the effects on local governments of repealing Federal programs could be mitigated by providing, over a period of time that corresponds with more gradual increases in the Federal matching rates under such part A and title XIX, general revenue supplements to those localities with the lowest levels of fiscal capacity and pass-throughs to units of local government.

“(c) Report to Congress.—The Congressional Budget Office shall report on the results of the study conducted under this section not later than 12 months after the date of the enactment of this Act [Oct. 13, 1988].

“(d) Authorization of Appropriations.—There are authorized to be appropriated such sums as may be necessary to carry out this section.”

Study of New National Approaches to Welfare Benefits for Low-Income Families With Children

Section 406 of Pub. L. 100–485 provided that:

“(a) In General.—The Secretary of Health and Human Services shall enter into a contract or arrangement with the National Academy of Sciences for the study of a new national system of welfare benefits for low-income families with children, giving particular attention to what an appropriate national minimum benefit might be and how it should be calculated. The study shall give consideration to alternative minimum benefit proposals including proposals for benefits based on a family living standard, on weighted national median income, on State median income, and on the poverty level, and shall take into account the probable impact of a national minimum benefit on individuals and on State and local governments.

“(b) Methodology.—(1) The study under this section shall include the development of a uniform national methodology which could be used to calculate State-specific family living standards and benefits based on other minimum benefit proposals.

“(2) The methodology so developed shall be designed to identify a single uniform measure suitable for application in each State, and shall—

“(A) take into account actual living costs in each State while permitting variances in such costs as between the different geographic areas of the State;

“(B) take into account variations in actual living costs in each State for families of different sizes and composition; and

“(C) specify an effective process for reassessing and updating both the methodology and the resulting family living standards and benefits based on other minimum benefit policies at least once every 4 years.

“(3) The methodology so developed shall reflect the costs of basic necessities including housing, furnishings, food, clothing, transportation, utilities, and other maintenance items; and the study shall take into account variations in costs for different geographic areas of the State where such costs may be substantially different, and variations in costs for families of different sizes and composition.

“(c) Other Considerations; Progression to Proposed Minimum Benefit Levels.—In order to assess the implications of States moving to a new system of welfare benefits, the study shall include an analysis of the relationship between a State's fiscal capacity and other circumstances and constraints and the application of a full family living standard or other minimum benefit policy. The study shall propose a formula designed to achieve a uniform progression from the level of assistance currently being provided for low-income families with children under the AFDC program, the food stamp program, and the low-income energy assistance program, by each State, to a level based on the full family living standard or other minimum benefit policy for that State. For this purpose the Secretary shall define the term ‘low-income families with children’ in a manner which reflects all families that include dependent children as defined for purposes of the AFDC program.

“(d) Report and Recommendations.—The Academy shall report its recommendations resulting from the study under this section to the Secretary no later than 24 months after the date of the enactment of this Act [Oct. 13, 1988]; and the Secretary shall promptly transmit such recommendations to the Congress.

“(e) Authorization of Funds.—There are authorized to be appropriated such sums as may be necessary to carry out this section.”

Promulgation of Regulations

Section 605(b)(2) of Pub. L. 100–485 provided that: “The Secretary of Health and Human Services shall issue final regulations with respect to the requirement added by the amendment made by subsection (a) [amending this section] not later than 6 months after the date of the enactment of this Act [Oct. 13, 1988].”

Demonstration of Family Independence Program

Section 9121 of Pub. L. 100–203 authorized the State of Washington, upon application of the State and approval by the Secretary of Health and Human Services, to conduct a demonstration project for the purpose of testing whether operation of its Family Independence Program enacted in May 1987, as an alternative to the AFDC program under title IV of the Social Security Act (this subchapter), would more effectively break the cycle of poverty and provide families with opportunities for economic independence and strengthened family functioning, which project was to begin on date first individual is enrolled in Program and end five years after that date, unless terminated earlier on notice by the State or the Secretary.

Child Support Demonstration Program in New York State

Section 9122 of Pub. L. 100–203 authorized the State of New York, upon application by the State and approval by the Secretary of Health and Human Services, to conduct a demonstration program in accordance with this section for the purpose of testing the State's Child Support Supplemental Program as an alternative to the program of Aid to Families with Dependent Children under title IV of the Social Security Act (this subchapter), which program was to be conducted for not to exceed five years.

Plan Amendments Not Required Until January 1, 1989

For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§1101–1147 and 1171–1177] or title XVIII [§§1800–1899A] of Pub. L. 99–514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L. 99–514, as amended, set out as a note under section 401 of Title 26, Internal Revenue Code.

Waiver for Noncompliance With Retroactive Amendments

Section 1883(b)(11) of Pub. L. 99–514 provided that:

“(A) The failure by a State to comply with the provisions of any amendment made by paragraph (1), (2), (3), or (10) [enacting section 678 of this title and amending this section] or the imposition by a State of any requirement inconsistent with such provisions, in the administration of its plan approved under section 402(a) of the Social Security Act [subsec. (a) of this section] during the period beginning October 1, 1984, and ending on the day preceding the date of the enactment of this Act [Oct. 22, 1986], shall not be considered to be failure to comply substantially with a provision required to be included in the State's plan, or to constitute (solely by reason of such inconsistency) the imposition of a prohibited requirement in the administration of the plan, for purposes of section 404(a) of such Act [section 604(a) of this title].

“(B) No State shall be considered to have made any overpayment or underpayment of aid, under its plan approved under section 402(a) of the Social Security Act, by reason of its compliance or noncompliance with the provisions of any amendment made by paragraph (1), (2), (3), or (10) (or solely because of the extent to which its requirements are consistent or inconsistent with such provisions) in the administration of the plan during the period specified in subparagraph (A).”

AFDC Guidelines

Pub. L. 99–570, title XI, §11005(d), Oct. 27, 1986, 100 Stat. 3207–169, provided that: “No later than six months after the date of enactment of this act [Oct. 27, 1986] and after consultation with the States administering plans under title IV of the Social Security Act [this subchapter], the Secretary of Health and Human Services shall issue guidelines to the States for providing benefits under title IV to a dependent child who does not reside in a permanent dwelling or does not have a fixed home or mailing address.”

Wisconsin Child Support Initiative

Section 22 of Pub. L. 98–378 authorized Secretary of Health and Human Services to waive certain requirements of Social Security Act (this chapter), relating to the provision of aid to dependent children to permit the State of Wisconsin to make an adequate test in any county or counties, or throughout the State, of its Child Support Initiative, which authority was effective for quarters beginning after Sept. 30, 1986, and ending before Oct. 1, 1994.

Utility Payments Made by Tenants in Assisted Housing

Pub. L. 98–181, title II, §221, Nov. 30, 1983, 97 Stat. 1188, as amended by Pub. L. 98–479, title I, §102(g)(3), Oct. 17, 1984, 98 Stat. 2222, provided that: “Notwithstanding any other provision of law, for purposes of determining eligibility, or the amount of benefits payable, under part A of title IV of the Social Security Act [this part], any utility payment made in lieu of any rental payment by a person living in a dwelling unit in a lower income housing project assisted under the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.] or section 236 of the National Housing Act [12 U.S.C. 1715z–1] shall be considered to be a shelter payment.”

Report to Congress on Exclusion of Home Energy Assistance From Income

Section 545(d) of Pub. L. 97–424 directed Secretary of Health and Human Services to submit a report to Congress, prior to Apr. 1, 1985, on the implementation and results of the provisions of sections 1382a(b)(13) and 602(a)(36) of this title, including any recommendations with respect to whether such provisions should be extended in the same or modified form or allowed to expire.

Amendments by Pub. L. 97–404 Not To Affect the Term “Originally Enacted” as Set Out in Amendment of Subsec. (a)(8)(A)(v) by Pub. L. 97–300

Pub. L. 97–404, §6, Dec. 31, 1982, 96 Stat. 2027, provided that: “The amendments made by this Act [amending sections 49l, 1513, 1516, 1518, 1532, 1535, 1551 to 1553, 1591, 1603, 1658, 1671, 1672, 1734, 1753, and 1754 of Title 29, Labor] shall not be construed as affecting the term ‘originally enacted’ as applied to the Job Training Partnership Act [29 U.S.C. 1501 et seq.] in section 402(a)(8)(A)(v) of the Social Security Act as amended by section 503(a) of the Act [subsec. (a)(8)(A)(v) of this section].”

Exclusion From Income

Section 159 of Pub. L. 97–248 provided that: “Notwithstanding any other provision of law, payments which are made, under a statutorily established State program, to meet certain needs of children receiving aid under the State's plan approved under part A of title IV of the Social Security Act [this part], if—

“(1) the payments are made to such children by the State agency administering such plan, but are made without Federal financial participation (under section 403(a) of such Act [section 603(a) of this title] or otherwise), and

“(2) the State program has been continuously in effect since before January 1, 1979,

shall be excluded from the income of such children and their families for purposes of section 402(a)(17) of such Act [subsec. (a)(17) of this section], and for all the other purposes of such part A and of such plan, effective on the date of the enactment of this Act [Sept. 3, 1982].”

Delayed Effective Date in Cases Requiring Conforming State Legislation

Section 161 of Pub. L. 97–248 provided that: “In the case of a State with respect to which the Secretary of Health and Human Services has determined that State legislation is required in order to conform the State plan approved under part A of title IV of the Social Security Act [this part] to the requirements imposed by any amendment made by this subtitle [subtitle D (§§151–161) of title I of Pub. L. 97–248, see Tables for classification], the State plan shall not be regarded as failing to comply with the requirements of such part solely by reason of its failure to meet the requirements imposed by such amendment prior to the end of the first session of the State legislature which begins after October 1, 1982, or which began prior to October 1, 1982, and remained in session for at least twenty-five calendar days after such date. For purposes of the preceding sentence, the term ‘session’ means a regular, special, budget, or other session of a State legislature.”

Applicability of Certain Provisions to Puerto Rico, Guam, and the Virgin Islands

Section 2353(b)(2) of Pub. L. 97–35 provided that: “Sections 402(a)(5) [subsec. (a)(5) of this section], 402(a)(15) [subsec. (a)(15) of this section], and 403(a)(3) [section 603(a)(3) of this title] of such Act [the Social Security Act] as they apply to the fifty States and the District of Columbia shall be applicable to Puerto Rico, Guam, and the Virgin Islands.” [See 1981 Amendment notes set out above for subsec. (a)(5) and (15)].

Disregard of Matching Funds Requirements in Use of Funds Appropriated Pursuant to Tax Reduction and Simplification Act of 1977

Pub. L. 95–30, title IV, §401(a), May 23, 1977, 91 Stat. 154, as amended by Pub. L. 96–88, title V, §509(b), Oct. 17, 1979, 93 Stat. 695, provided that: “The Secretary of Health and Human Services and the Secretary of Labor are authorized to carry out the work incentive program under title IV of the Social Security Act [this subchapter] from the sums appropriated pursuant to this Act [Pub. L. 95–30] without regard to the requirements for non-Federal matching funds contained in sections 402(a)(19)(C) [subsec. (a)(19)(C) of this section], 402(a)(19)(G) [subsec. (a)(19)(G) of this section], 403(a)(3)(A) [section 603(a)(3)(A) of this title], 403(d) [section 603(d) of this title], and 435 [section 635 of this title] of the Social Security Act.”

Temporary Waivers of Certain Requirements for Certain States

Section 201(a), (b) of Pub. L. 94–88 provided that:

“(a) If the Governor of any State, which has an approved State plan under part A of title IV of the Social Security Act [this part], submits to the Secretary of Health, Education, and Welfare [now Health and Human Services] (hereinafter in this section referred to as the ‘Secretary’), a request that any provision of section 402(a)(26) of the Social Security Act or section 402(a)(27) of such Act [subsec. (a)(26) or (a)(27) of this section] not be made applicable to such State prior to a date specified in the request (which shall not be later than June 30, 1976) and—

“(1) such request is accompanied by a certification, with respect to such provision, of the Governor that the State cannot implement such provision because of the lack of authority to do so under State law, and

“(2) such request fully explains the reasons why such provision cannot be implemented, and sets forth any provision of State law which impedes the implementation thereof,

the Secretary shall, if he is satisfied that such a waiver is justified, grant the waiver so requested.

“(b) During any period with respect to which a waiver, obtained under subsection (a) with respect to section 402(a)(26)(A) of the Social Security Act [subsec. (a)(26)(A) of this section], is in effect with respect to any State, the provisions of section 454(4) and (5) of such Act [section 654(4) and (5) of this title] shall be applied to such State in like manner as if the phrase ‘with respect to whom an assignment under section 402(a)(26) of this title is effective’ did not appear therein, and the provisions of section 458 of such Act [section 658 of this title] shall be applied to such State in like manner as if the phrase ‘support rights assigned under section 402(a)(26)’ read ‘child support obligation’.”

Reports to Congressional Committees

Section 201(d) of Pub. L. 94–88 provided that: “The Secretary shall from time to time, submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives, full and complete reports (the first of which shall not be later than September 15, 1975) regarding any requests which he has received for waivers under subsection (a) [set out as a note herein] and any waivers granted by him under such subsection, and such reports shall include copies of all such requests for such waivers and any supporting documents submitted with or in connection with any such requests.”

Support Assignments by Recipients During Transmittal Period

Section 203 of Pub. L. 94–88 provided that, in the case of any State the law of which on Aug. 1, 1975 met the requirements of subsec. (a)(26)(A) of this section, those requirements were to be effective with respect to individuals who were recipients on Aug. 1, 1975, at such time as may be determined by the State agency, but not later than the first redetermination of eligibility required after Aug. 1, 1975, and in any event not later than Feb. 1, 1976, and for such States, the provisions of section 654(4) and (5) of this title were to be applied during the period beginning Aug. 1, 1975 and ending Dec. 31, 1975, with respect to all recipients of aid who have not made an assignment pursuant to subsec. (a)(26)(A) of this section and the provisions of section 658 of this title, during such period, were to be applied in the case of such State as if the phrase “support rights assigned under section 602(a)(26) read “child support obligations”.

Submittal of Proposed Standards to Congress; Effective Date; Disapproval by Congress

Section 208(d) of Pub. L. 94–88 provided that:

“(1) The Secretary of Health, Education, and Welfare [now Health and Human Services] shall submit to the Congress any proposed standards authorized to be prescribed by him under section 402(a)(26)(B) of the Social Security Act [subsec. (a)(26)(B) of this section] (as added by the Social Services Amendments of 1974 and as amended by subsection (a) of this section). Such standards shall take effect at the end of the period which ends 60 days after such proposed standards are so submitted to such committees unless, within such period, either House of the Congress, adopts a resolution of disapproval.

“(2) For purposes of this subsection, the term ‘resolution’ means only—

“(A) a concurrent resolution of the two Houses of the Congress, the matter after the resolving clause of which is as follows: ‘That the Congress does not approve the standards (as authorized under section 402(a)(26)(B) of the Social Security Act) [subsec. (a)(26)(B) of this section] transmitted to the Congress on .’, the blank space being filled with the appropriate date; and

“(B) a resolution of either House of the Congress, the matter after the resolving clause of which is as follows: ‘That the does not approve the standards (as authorized under section 402(a)(26)(B) of the Social Security Act) [subsec. (a)(26)(B) of this section] transmitted to the Congress on .’, with the first blank space being filled with the name of the resolving House, and the second blank space being filled with the appropriate date.

“(3) The provisions of subsection (b), (c), (d), (e), and (f) of section 152 of the Trade Act of 1974 [subsec. (b), (c), (d), (e), and (f) of section 1922 of Title 19, Customs Duties] shall be applicable to resolutions under this subsection, except that the ‘20 hours’ referred to in subsections (d)(2) and (e)(2) of such section shall be deemed to read ‘4 hours’.”

State Plans To Disregard Child Support Payments Beginning July 1, 1975

Section 101(c)(1) of Pub. L. 93–647 provided that notwithstanding the provisions of subsec. (a) of this section in addition to the amounts required to be disregarded under cl. (8)(A) of subsec. (a) of this section, a requirement was imposed that for the 15 months beginning July 1, 1975, in making determinations under cl. (7) of subsec. (a) of this section, the State agency was with respect to any month in such year and in addition to the amounts disregarded under cl. (8)(A) of subsec. (a) of this section, to disregard amounts payable under section 657(a)(1) of this title.

State Plans Compliance With Subsec. (a)(7) Requirements During Period After Dec. 31, 1967, and Prior to July 1, 1969

Section 202(c) of Pub. L. 90–248 provided that a State whose plan had been approved by the Secretary under this section was deemed to have substantially complied with the requirements of subsec. (a)(7) of this section, as in effect prior to July 1, 1969, for any period beginning after Dec. 31, 1967 and ending prior to July 1, 1969, if for this period the State agency disregarded earned income of the individuals involved in accordance with the requirements of subsec. (a)(7), (8) of this section as amended by Pub. L. 90–248.

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 the need of individuals claiming aid under a State plan approved under part A of title IV of the Social Security Act [this part], the State shall apply the provisions of such part notwithstanding any provisions of law (other than such Act [this chapter]) requiring the State to disregard earned income of such individuals in determining need under such State plan.”

Disregarding Income in Determination of Need in Puerto Rico, the Virgin Islands, and Guam

Section 248(c) of Pub. L. 90–248 provided that: “Effective July 1, 1969, neither the provisions of clauses (A) through (C) of section 402(a)(7) of such Act [subsec. (a)(7) of this section] as in effect before the enactment of this Act [Jan. 2, 1968] nor the provisions of section 402(a)(8) of such Act [subsec. (a)(8) of this section] as amended by section 202(b) of this Act shall apply in the case of Puerto Rico, the Virgin Islands, or Guam. Effective no later than July 1, 1972, the State plans of Puerto Rico, the Virgin Islands, and Guam approved under section 402 of such Act [this section] shall provide for the disregarding of income in making the determination under section 402(a)(7) of such Act [subsec. (a)(7) of this section] in amounts (agreed to between the Secretary and the State agencies involved) sufficiently lower than the amounts specified in section 402(a)(8) of such Act [subsec. (a)(8) of this section] to reflect appropriately the applicable differences in income levels.”

Public Access to State Disbursement Records

Public access to State records of disbursements of funds and payments under this subchapter, see note under section 302 of this title.

State Plans in Effect July 25, 1962; Automatic Conformity to Amendments

State plans in effect July 25, 1962 deemed to have been conformed to amendment of opening provisions and clauses (4), (7) to (10) of subsec. (a) of this section by section 104(a) of Pub. L. 87–543, see section 104(b) of Pub. L. 87–543, set out as a note under section 601 of this title.

Section Referred to in Other Sections

This section is referred to in sections 603, 604, 606, 607, 608, 615, 616, 652, 654, 656, 658, 664, 666, 672, 673, 677, 682, 685, 686, 1202, 1315, 1320b–7, 1352, 1396a, 1396b, 1396r–6, 1396v, 4728, 9837 of this title; title 2 section 906; title 7 sections 2014, 2015, 2026, 2031; title 11 section 523; title 20 section 2325; title 25 sections 683, 686, 689, 996; title 26 section 6402; title 29 section 1699; title 31 section 3803.

1 So in original. Probably should be followed by a comma.

2 So in original. Probably should be “(8)(A)(viii),”.

3 See References in Text note below.

4 See References in Text note below.

5 So in original.

Disclaimer: These codes may not be the most recent version. The United States Government Printing Office may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the US site. Please check official sources.