42 USC 602 - Eligible States; State plan

1 See References in Text note below.

of this title) for calendar years 1996 through 2005.

Editorial Notes

References in Text

Section 603(a)(2) of this title, referred to in subsec. (a)(1)(A)(v), was amended generally by Puspan. L. 109–171, title VII, § 7103(a), Fespan. 8, 2006, 120 Stat. 138, and, as so amended, no longer defines “illegitimacy ratio”.

Prior Provisions

A prior section 602, acts 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(span), 70 Stat. 849; July 25, 1962, Puspan. L. 87–543, title I, §§ 103, 104(a)(2), (3)(A), (B), (5)(A), 106(span), 76 Stat. 185, 188; July 30, 1965, Puspan. L. 89–97, title IV, §§ 403(span), 410, 79 Stat. 418, 423; Jan. 2, 1968, Puspan. L. 90–248, title II, §§ 201(a), (span), 202(a), (span), 204(span), (e), 205(a), 210(a)(2), 211(a), 213(span), 81 Stat. 877, 879, 881, 890, 892, 895, 896, 898; Dec. 28, 1971, Puspan. L. 92–223, § 3(a)(1)–(7), 85 Stat. 803, 804; Oct. 30, 1972, Puspan. L. 92–603, title II, § 299E(c), title IV, § 414(a), 86 Stat. 1462, 1492; Jan. 4, 1975, Puspan. L. 93–647, §§ 3(a)(1), (2), (8), 101(c)(2)–(5), (8), 88 Stat. 2348, 2349, 2359, 2360; Aug. 9, 1975, Puspan. L. 94–88, title II, §§ 202, 207, 208(a), 209, 89 Stat. 434, 436, 437; Dec. 20, 1977, Puspan. L. 95–216, title IV, § 403(c), 91 Stat. 1561; Apr. 1, 1980, Puspan. L. 96–222, title I, § 101(a)(2)(A), 94 Stat. 195; June 9, 1980, Puspan. L. 96–265, title IV, §§ 401(a)–(f), 403(a), 406(span), 94 Stat. 460–462, 465, 466; June 17, 1980, Puspan. L. 96–272, title I, § 101(a)(3)(A), title III, § 302(a), 94 Stat. 512, 528; Oct. 19, 1980, Puspan. L. 96–473, § 6(f), 94 Stat. 2266; Aug. 13, 1981, Puspan. L. 97–35, title XXIII, §§ 2301–2306(a), 2310, 2313(span), (c)(1), 2314, 2315(a), 2316, 2318, 2320(a), (span)(1), 2353(span)(1), (c), 95 Stat. 843–846, 852, 854–857, 872; Sept. 3, 1982, Puspan. L. 97–248, title I, §§ 151(a), 152(a), 154(a), 96 Stat. 395, 396; Oct. 13, 1982, Puspan. L. 97–300, title VI, § 603, formerly title V, § 503, 96 Stat. 1398, renumbered title VI, § 603, Nov. 7, 1988, Puspan. L. 100–628, title VII, § 712(a)(1), (2), 102 Stat. 3248; Jan. 6, 1983, Puspan. L. 97–424, title V, § 545(span), 96 Stat. 2198; Apr. 20, 1983, Puspan. L. 98–21, title IV, § 404(span), 97 Stat. 140; July 18, 1984, Puspan. 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), (span), 2651(span)(1), (2), 2663(c)(1), (3)(B), (l)(1), 98 Stat. 1134–1137, 1141, 1142, 1144–1146, 1149, 1165, 1166, 1171; Aug. 16, 1984, Puspan. L. 98–378, § 9(a)(2), 98 Stat. 1316; Apr. 7, 1986, Puspan. L. 99–272, title XII, §§ 12303(a), 12304(a), 100 Stat. 292; Oct. 22, 1986, Puspan. L. 99–514, § 2, title XVIII, § 1883(a)(5)(B), (span)(1)(A), (2)(A), (B), (3)(A), (4), (5), 100 Stat. 2095, 2916, 2917; Nov. 6, 1986, Puspan. L. 99–603, title II, § 201(span)(1), title III, §§ 302(span)(1), 303(e)(1), 100 Stat. 3403, 3422, 3431; Dec. 22, 1987, Puspan. L. 100–203, title IX, §§ 9102(span), 9133(span)(1), 101 Stat. 1330–300, 1330–314; Oct. 13, 1988, Puspan. L. 100–485, title I, §§ 102(a), 123(d), title II, §§ 201(a), 202(span)(1)–(3), title III, §§ 301, 302(a), (span)(1), (c), 303(span)(3), (f)(2)(B), (C), 304(span)(2), title IV, §§ 401(a)(1), (2)(A), (span)(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, Puspan. L. 101–239, title X, § 10403(a)(1)(B)(i), (C)(i), 103 Stat. 2487; Nov. 5, 1990, Puspan. L. 101–508, title V, §§ 5051(a), (span), 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, Puspan. L. 103–66, title XIII, § 13742(a), 107 Stat. 663; Oct. 20, 1994, Puspan. L. 103–382, title III, § 394(k), 108 Stat. 4029; Oct. 31, 1994, Puspan. L. 103–432, title II, §§ 235(a), 264(c), 108 Stat. 4466, 4468; Aug. 22, 1996, Puspan. L. 104–193, title I, § 103(c)(1), (2)(A), 110 Stat. 2161, related to State plans for aid and services to needy families with children prior to repeal by Puspan. L. 104–193, § 103(a)(1), as amended by Puspan. L. 105–33, title V, § 5514(c), Aug. 5, 1997, 111 Stat. 620, effective July 1, 1997.

Amendments

2022—Subsec. (a)(8). Puspan. L. 117–103 added par. (8).

2012—Subsec. (a)(1)(A)(vii), (viii). Puspan. L. 112–96 added cls. (vii) and (viii).

2010—Subsec. (a)(1)(B)(v). Puspan. L. 111–148 added cl. (v).

1999—Subsec. (a)(1)(B)(iv). Puspan. L. 106–169 made technical amendment to reference in original act which appears in text as reference to August 22, 1996.

1997—Puspan. L. 105–33, § 5514(c), made technical amendment to directory language of Puspan. L. 104–193, § 103(a)(1), which enacted this section.

Subsec. (a). Puspan. L. 105–33, § 5501(a), substituted “27-month period ending with the close of the 1st quarter of” for “2-year period immediately preceding” in introductory provisions.

Subsec. (a)(1)(A)(ii). Puspan. L. 105–33, § 5501(span), inserted “, consistent with section 607(e)(2) of this title” before period at end.

Subsec. (a)(1)(A)(v). Puspan. L. 105–33, § 5501(c), substituted “section 603(a)(2)(C)(iii)” for “section 603(a)(2)(B)”.

Subsec. (span). Puspan. L. 105–33, § 5501(d)(1), added subsec. (span). Former subsec. (span) redesignated (c).

Subsec. (c). Puspan. L. 105–34, § 5501(d)(2), inserted “or plan amendment” after “plan”.

Puspan. L. 105–33, § 5501(d)(1), redesignated subsec. (span) as (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Amendment by Puspan. L. 117–103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Puspan. L. 117–103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade.

Effective Date of 2010 Amendment

Puspan. L. 111–148, title VI, § 6703(a)(2)(B), Mar. 23, 2010, 124 Stat. 798, provided that: “The amendment made by subparagraph (A) [amending this section] shall take effect on January 1, 2011.”

Effective Date of 1999 Amendment

Puspan. L. 106–169, title IV, § 401(q), Dec. 14, 1999, 113 Stat. 1859, provided that: “Except as provided in subsection (l) [amending section 604 of this title and enacting provisions set out as a note under section 604 of this title], the amendments made by this section [amending this section and sections 604, 609, 613, 616, 629a, 652, 654, 655, 657, 666, 671, and 1320span–7 of this title] shall take effect as if included in the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104–193; 110 Stat. 2105).”

Effective Date of 1997 Amendment

Amendment by section 5514(c) of Puspan. L. 105–33 effective as if included in the provision of Puspan. L. 104–193 amended at the time the provision became law, see section 5518(d) of Puspan. L. 105–33, set out as a note under section 862a of Title 21, Food and Drugs.

Puspan. L. 105–33, title V, § 5518(a), Aug. 5, 1997, 111 Stat. 621, provided that: “The amendments made by this chapter to a provision of part A of title IV of the Social Security Act [chapter 1 (§§ 5501–5518) of subtitle F of title V of Puspan. L. 105–33, amending this section and sections 603, 604, 607, 608, 609, 611, 612, 613, and 616 of this title] shall take effect as if the amendments had been included in section 103(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 [Puspan. L. 104–193] at the time such section became law.”

Effective Date

Section effective July 1, 1997, with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Puspan. L. 104–193, as amended, set out as a note under section 601 of this title.

Implementation of 2022 Amendment

Puspan. L. 117–103, div. W, title VII, § 703(a)(2), Mar. 15, 2022, 136 Stat. 893, provided that: “Not later than 1 year after the date of enactment of this Act [Mar. 15, 2022], each State shall submit the certification required under paragraph (8) of subsection (a) of section 402 of the Social Security Act (42 U.S.C. 602), as added by paragraph (1), in the form of an amendment to the State’s plan submitted under such section. A State shall not be regarded as failing to comply with the requirement of such paragraph (8) before the date that is 1 year after the date of enactment of this Act.”

[For definition of “State” as used in section 703(a)(2) of div. W of Puspan. L. 117–103, set out above, see section 12291 of Title 34, Crime Control and Law Enforcement, as made applicable by section 2(span) of div. W of Puspan. L. 117–103, which is set out as a note under section 12291 of Title 34].

National Grant Program for Developing a Model Training Program for TANF Personnel Training

Puspan. L. 117–103, div. W, title VII, § 703(span), Mar. 15, 2022, 136 Stat. 893, provided that:

“(1)Grants authorized.—

“(A)Model training program.—The Secretary of Health and Human Services (in this subsection referred to as the ‘Secretary’) shall—

“(i) develop and disseminate a model training program (and related materials) for the training required under section 402(a)(8) of the Social Security Act [42 U.S.C. 602(a)(8)], and if the State so elects, section 402(a)(7) of such Act [42 U.S.C. 602(a)(7)]; and

“(ii) provide technical assistance with respect to such model training program to eligible States (as defined in section 402 of the Social Security Act [42 U.S.C. 602]).

“(B)Grants.—In developing the model training program under subparagraph (A)(i), the Secretary may award grants and contracts and may develop such program in cooperation with an eligible partner.

“(2)Eligible partner defined.—For purposes of paragraph (1), the term ‘eligible partner’ means an entity that is—

“(A) a State or tribal domestic violence coalition or sexual assault coalition; or

“(B) a State or local victim service provider with recognized expertise in the dynamics of domestic violence, sexual assault, or stalking whose primary mission is to provide services to survivors of domestic violence, sexual assault, or stalking, including a rape crisis center or domestic violence program.

“(3)Report.—

“(A)Report to congress.—Not later than 5 years after the date of the enactment of this Act [Mar. 15, 2022], the Secretary shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report on the program established under this subsection.

“(B)Report available to public.—The Secretary shall establish procedures for the dissemination to the public of the report submitted under subparagraph (A) not later than 10 days after the submission of such report to Congress under such subparagraph. Such procedures shall include the use of the internet to disseminate such report.

“(4)Authorization of appropriations.—There are authorized to be appropriated $3,000,000 to carry out this section for each of fiscal years 2023 through 2027.”

[For definitions of terms used in section 703(span) of div. W of Puspan. L. 117–103, set out above, see section 12291 of Title 34, Crime Control and Law Enforcement, as made applicable by section 2(span) of div. W of Puspan. L. 117–103, which is set out as a note under section 12291 of Title 34].

Demonstration of Family Independence Program

Puspan. L. 100–203, title IX, § 9121, Dec. 22, 1987, 101 Stat. 1330–310, authorized State of Washington, upon application of State and approval by Secretary of Health and Human Services, to conduct demonstration project for purpose of testing whether operation of its Family Independence Program enacted in May 1987, as alternative to AFDC program under this subchapter, would more effectively break the cycle of poverty and provide families with opportunities for economic independence and strengthened family functioning, prior to repeal by Puspan. L. 104–193, title I, § 110(span), Aug. 22, 1996, 110 Stat. 2171.

Child Support Demonstration Program in New York State

Puspan. L. 100–203, title IX, § 9122, Dec. 22, 1987, 101 Stat. 1330–312, authorized State of New York, upon application by State and approval by Secretary of Health and Human Services, to conduct demonstration program in accordance with this section for purpose of testing State’s Child Support Supplemental Program as alternative to the program of Aid to Families with Dependent Children under this subchapter, prior to repeal by Puspan. L. 104–193, title I, § 110(c), Aug. 22, 1996, 110 Stat. 2171.

Utility Payments Made by Tenants in Assisted Housing

Puspan. L. 98–181, title I [title II, § 221], Nov. 30, 1983, 97 Stat. 1188, as amended by Puspan. 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 amount of benefits payable, under this part, any utility payment made in lieu of any rental payment by person living in dwelling unit in lower income housing project assisted under the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) or section 1715z–1 of Title 12, Banks and Banking, was to be considered to be shelter payment, prior to repeal by Puspan. L. 104–193, title I, § 110(d), Aug. 22, 1996, 110 Stat. 2171.

Exclusion From Income

Puspan. L. 97–248, title I, § 159, Sept. 3, 1982, 96 Stat. 400, provided that payments made under statutorily established State program to meet certain needs of children receiving aid under State’s plan approved under this part were to be excluded from income of such children and their families for purposes of section 602(a)(17) of this title and for all other purposes of this part and of such plan, effective Sept. 3, 1982, if the payments were made to such children by State agency administering such plan, but were made without Federal financial participation under section 603(a) of this title or otherwise, and if State program had been continuously in effect since before Jan. 1, 1979, prior to repeal by Puspan. L. 104–193, title I, § 110(e), Aug. 22, 1996, 110 Stat. 2171.

State Plans To Disregard Earned Income of Individuals in Determination of Need for Aid; Effective Date

Puspan. L. 90–248, title II, § 202(d), Jan. 2, 1968, 81 Stat. 882, provided that effective with respect to quarters beginning after June 30, 1968, in determining need of individuals claiming aid under State plan approved under this part, State was to apply provisions of this part notwithstanding any provisions of law other than this chapter requiring State to disregard earned income of such individuals in determining need under such State plan, prior to repeal by Puspan. L. 104–193, title I, § 110(f), Aug. 22, 1996, 110 Stat. 2171.