42 U.S.C. § 607 — Mandatory work requirements

Page 2172 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 607 are appropriated such sums as may be necessary for the cost of loans under this section. (Aug. 14, 1935, ch. 531, title IV, § 406, as added Pub. L. 104–193, title I, § 103(a)(1), Aug. 22, 1996, 110 Stat. 2128; amended Pub. L. 105–33, title V, § 5514(c), Aug. 5, 1997, 111 Stat. 620; Pub. L. 108–40, § 3(f), June 30, 2003, 117 Stat. 837.) Editorial Notes PRIOR PROVISIONS A prior section 606, acts Aug. 14, 1935, ch. 531, title IV, § 406, 49 Stat. 629; Aug. 10, 1939, ch. 666, title IV, § 403, 53 Stat. 1380; Aug. 28, 1950, ch. 809, title III, pt. 2, § 323(a), 64 Stat. 551; Aug. 1, 1956, ch. 836, title III, §§ 321, 322, 351(b), 70 Stat. 850, 855; July 25, 1962, Pub. L. 87–543, title I, §§ 104(a)(3)(D), 108(a), 109, 152, 156(b), 76 Stat. 185, 189, 190, 206, 207; Oct. 13, 1964, Pub. L. 88–641, § 2(a), 78 Stat. 1042; July 30, 1965, Pub. L. 89–97, title IV, § 409, 79 Stat. 422; Jan. 2, 1968, Pub. L. 90–248, title II, §§ 201(f), 206(b), 207(a), 241(b)(5), 81 Stat. 880, 893, 916; Jan. 4, 1975, Pub. L. 93–647, §§ 3(a)(5), 101(c)(7), 88 Stat. 2348, 2360; Nov. 12, 1977, Pub. L. 95–171, § 3(a)(2), 91 Stat. 1354; Dec. 28, 1980, Pub. L. 96–611, § 4, 94 Stat. 3567; Aug. 13, 1981, Pub. L. 97–35, title XXI, § 2184(b)(2), title XXIII, §§ 2311, 2312, 2317(b), 2353(b)(1), 95 Stat. 817, 852, 853, 856, 872; Sept. 3, 1982, Pub. L. 97–248, title I, § 153(a), 96 Stat. 396; July 18, 1984, Pub. L. 98–369, div. B, title III, § 2361(c), title VI, § 2663(c)(3)(A), (B)(i), 98 Stat. 1104, 1166; Aug. 16, 1984, Pub. L. 98–378, § 20(a), 98 Stat. 1322, related to defini- tions used in this part, prior to repeal by Pub. L. 104–193, § 103(a)(1), as amended by Pub. L. 105–33, title V, § 5514(c), Aug. 5, 1997, 111 Stat. 620. AMENDMENTS 2003—Subsec. (d). Pub. L. 108–40 substituted ‘‘2003’’ for ‘‘2002’’. 1997—Pub. L. 105–33 made technical amendment to di- rectory language of Pub. L. 104–193, § 103(a)(1), which en- acted this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108–40 effective July 1, 2003, see section 8 of Pub. L. 108–40, set out as a note under section 603 of this title. EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105–33 effective as if included in the provision of Pub. L. 104–193 amended at the time the provision became law, see section 5518(d) of Pub. L. 105–33, set out as a note under section 862a of Title 21, Food and Drugs. EFFECTIVE DATE Section effective July 1, 1997, with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings com- menced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Sec- retary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Pub. L. 104–193, as amended, set out as a note under section 601 of this title. § 607. Mandatory work requirements (a) Participation rate requirements (1) All families A State to which a grant is made under sec- tion 603 of this title for a fiscal year shall achieve the minimum participation rate speci- fied in the following table for the fiscal year with respect to all families receiving assist- ance under the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 609(a)(7)(B)(i) of this title): If the fiscal year is: The minimum participation rate is: 1997 ............................................. 25 1998 ............................................. 30 1999 ............................................. 35 2000 ............................................. 40 2001 ............................................. 45 2002 or thereafter ....................... 50. (2) 2-parent families A State to which a grant is made under sec- tion 603 of this title for a fiscal year shall achieve the minimum participation rate speci- fied in the following table for the fiscal year with respect to 2-parent families receiving as- sistance under the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 609(a)(7)(B)(i) of this title): If the fiscal year is: The minimum participation rate is: 1997 ............................................. 75 1998 ............................................. 75 1999 or thereafter ....................... 90. (b) Calculation of participation rates (1) All families (A) Average monthly rate For purposes of subsection (a)(1), the par- ticipation rate for all families of a State for a fiscal year is the average of the participa- tion rates for all families of the State for each month in the fiscal year. (B) Monthly participation rates The participation rate of a State for all families of the State for a month, expressed as a percentage, is— (i) the number of families receiving as- sistance under the State program funded under this part or any other State pro- gram funded with qualified State expendi- tures (as defined in section 609(a)(7)(B)(i) of this title) that include an adult or a minor child head of household who is engaged in work for the month; divided by (ii) the amount by which— (I) the number of families receiving such assistance during the month that include an adult or a minor child head of household receiving such assistance; ex- ceeds (II) the number of families receiving such assistance that are subject in such month to a penalty described in sub- section (e)(1) but have not been subject to such penalty for more than 3 months within the preceding 12-month period (whether or not consecutive). (2) 2-parent families (A) Average monthly rate For purposes of subsection (a)(2), the par- ticipation rate for 2-parent families of a State for a fiscal year is the average of the Page 2173 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 607 participation rates for 2-parent families of the State for each month in the fiscal year. (B) Monthly participation rates The participation rate of a State for 2-par- ent families of the State for a month shall be calculated by use of the formula set forth in paragraph (1)(B), except that in the for- mula the term ‘‘number of 2-parent fami- lies’’ shall be substituted for the term ‘‘num- ber of families’’ each place such latter term appears. (C) Family with a disabled parent not treated as a 2-parent family A family that includes a disabled parent shall not be considered a 2-parent family for purposes of subsections (a) and (b) of this section. (3) Pro rata reduction of participation rate due to caseload reductions not required by Federal law and not resulting from changes in State eligibility criteria (A) In general The Secretary shall prescribe regulations for reducing the minimum participation rate otherwise required by this section for a fis- cal year by the number of percentage points equal to the number of percentage points (if any) by which— (i) the average monthly number of fami- lies receiving assistance during the imme- diately preceding fiscal year under the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 609(a)(7)(B)(i) of this title) is less than (ii) the average monthly number of fami- lies that received assistance under any State program referred to in clause (i) dur- ing fiscal year 2005. The minimum participation rate shall not be reduced to the extent that the Secretary de- termines that the reduction in the number of families receiving such assistance is re- quired by Federal law. (B) Eligibility changes not counted The regulations required by subparagraph (A) shall not take into account families that are diverted from a State program funded under this part as a result of differences in eligibility criteria under a State program funded under this part and the eligibility criteria in effect during fiscal year 2005. Such regulations shall place the burden on the Secretary to prove that such families were diverted as a direct result of differences in such eligibility criteria. (4) State option to include individuals receiv- ing assistance under a tribal family assist- ance plan or tribal work program For purposes of paragraphs (1)(B) and (2)(B), a State may, at its option, include families in the State that are receiving assistance under a tribal family assistance plan approved under section 612 of this title or under a tribal work program to which funds are provided under this part. (5) State option for participation requirement exemptions For any fiscal year, a State may, at its op- tion, not require an individual who is a single custodial parent caring for a child who has not attained 12 months of age to engage in work, and may disregard such an individual in deter- mining the participation rates under sub- section (a) for not more than 12 months. (c) Engaged in work (1) General rules (A) All families For purposes of subsection (b)(1)(B)(i), a recipient is engaged in work for a month in a fiscal year if the recipient is participating in work activities for at least the minimum average number of hours per week specified in the following table during the month, not fewer than 20 hours per week of which are attributable to an activity described in para- graph (1), (2), (3), (4), (5), (6), (7), (8), or (12) of subsection (d), subject to this subsection: If the month is in fiscal year: The minimum average number of hours per week is: 1997 .......................................... 20 1998 .......................................... 20 1999 .......................................... 25 2000 or thereafter .................... 30. (B) 2-parent families For purposes of subsection (b)(2)(B), an in- dividual is engaged in work for a month in a fiscal year if— (i) the individual and the other parent in the family are participating in work ac- tivities for a total of at least 35 hours per week during the month, not fewer than 30 hours per week of which are attributable to an activity described in paragraph (1), (2), (3), (4), (5), (6), (7), (8), or (12) of sub- section (d), subject to this subsection; and (ii) if the family of the individual re- ceives federally-funded child care assist- ance and an adult in the family is not dis- abled or caring for a severely disabled child, the individual and the other parent in the family are participating in work ac- tivities for a total of at least 55 hours per week during the month, not fewer than 50 hours per week of which are attributable to an activity described in paragraph (1), (2), (3), (4), (5), (6), (7), (8), or (12) of sub- section (d). (2) Limitations and special rules (A) Number of weeks for which job search counts as work (i) Limitation Notwithstanding paragraph (1) of this subsection, an individual shall not be con- sidered to be engaged in work by virtue of participation in an activity described in subsection (d)(6) of a State program funded under this part or any other State pro- gram funded with qualified State expendi- tures (as defined in section 609(a)(7)(B)(i) of this title), after the individual has partici- Page 2174 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 607 pated in such an activity for 6 weeks (or, if the unemployment rate of the State is at least 50 percent greater than the unem- ployment rate of the United States or the State is a needy State (within the meaning of section 603(b)(5) of this title), 12 weeks), or if the participation is for a week that immediately follows 4 consecutive weeks of such participation. (ii) Limited authority to count less than full week of participation For purposes of clause (i) of this subpara- graph, on not more than 1 occasion per in- dividual, the State shall consider partici- pation of the individual in an activity de- scribed in subsection (d)(6) for 3 or 4 days during a week as a week of participation in the activity by the individual. (B) Single parent or relative with child under age 6 deemed to be meeting work participation requirements if parent or relative is engaged in work for 20 hours per week For purposes of determining monthly par- ticipation rates under subsection (b)(1)(B)(i), a recipient who is the only parent or care- taker relative in the family of a child who has not attained 6 years of age is deemed to be engaged in work for a month if the recipi- ent is engaged in work for an average of at least 20 hours per week during the month. (C) Single teen head of household or married teen who maintains satisfactory school attendance deemed to be meeting work participation requirements For purposes of determining monthly par- ticipation rates under subsection (b)(1)(B)(i), a recipient who is married or a head of household and has not attained 20 years of age is deemed to be engaged in work for a month in a fiscal year if the recipient— (i) maintains satisfactory attendance at secondary school or the equivalent during the month; or (ii) participates in education directly re- lated to employment for an average of at least 20 hours per week during the month. (D) Limitation on number of persons who may be treated as engaged in work by reason of participation in educational ac- tivities For purposes of determining monthly par- ticipation rates under paragraphs (1)(B)(i) and (2)(B) of subsection (b), not more than 30 percent of the number of individuals in all families and in 2-parent families, respec- tively, in a State who are treated as engaged in work for a month may consist of individ- uals who are determined to be engaged in work for the month by reason of participa- tion in vocational educational training, or (if the month is in fiscal year 2000 or there- after) deemed to be engaged in work for the month by reason of subparagraph (C) of this paragraph. (d) ‘‘Work activities’’ defined As used in this section, the term ‘‘work activi- ties’’ means— (1) unsubsidized employment; (2) subsidized private sector employment; (3) subsidized public sector employment; (4) work experience (including work associ- ated with the refurbishing of publicly assisted housing) if sufficient private sector employ- ment is not available; (5) on-the-job training; (6) job search and job readiness assistance; (7) community service programs; (8) vocational educational training (not to exceed 12 months with respect to any indi- vidual); (9) job skills training directly related to em- ployment; (10) education directly related to employ- ment, in the case of a recipient who has not received a high school diploma or a certificate of high school equivalency; (11) satisfactory attendance at secondary school or in a course of study leading to a cer- tificate of general equivalence, in the case of a recipient who has not completed secondary school or received such a certificate; and (12) the provision of child care services to an individual who is participating in a commu- nity service program. (e) Penalties against individuals (1) In general Except as provided in paragraph (2), if an in- dividual in a family receiving assistance under the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 609(a)(7)(B)(i) of this title) refuses to engage in work required in accordance with this section, the State shall— (A) reduce the amount of assistance other- wise payable to the family pro rata (or more, at the option of the State) with respect to any period during a month in which the indi- vidual so refuses; or (B) terminate such assistance, subject to such good cause and other excep- tions as the State may establish. (2) Exception Notwithstanding paragraph (1), a State may not reduce or terminate assistance under the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 609(a)(7)(B)(i) of this title) based on a refusal of an individual to engage in work required in ac- cordance with this section if the individual is a single custodial parent caring for a child who has not attained 6 years of age, and the individual proves that the individual has a demonstrated inability (as determined by the State) to obtain needed child care, for 1 or more of the following reasons: (A) Unavailability of appropriate child care within a reasonable distance from the individual’s home or work site. (B) Unavailability or unsuitability of in- formal child care by a relative or under other arrangements. (C) Unavailability of appropriate and af- fordable formal child care arrangements. Page 2175 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 607 (f) Nondisplacement in work activities (1) In general Subject to paragraph (2), an adult in a fam- ily receiving assistance under a State program funded under this part attributable to funds provided by the Federal Government may fill a vacant employment position in order to en- gage in a work activity described in sub- section (d). (2) No filling of certain vacancies No adult in a work activity described in sub- section (d) which is funded, in whole or in part, by funds provided by the Federal Govern- ment shall be employed or assigned— (A) when any other individual is on layoff from the same or any substantially equiva- lent job; or (B) if the employer has terminated the em- ployment of any regular employee or other- wise caused an involuntary reduction of its workforce in order to fill the vacancy so cre- ated with an adult described in paragraph (1). (3) Grievance procedure A State with a program funded under this part shall establish and maintain a grievance procedure for resolving complaints of alleged violations of paragraph (2). (4) No preemption Nothing in this subsection shall preempt or supersede any provision of State or local law that provides greater protection for employees from displacement. (g) Sense of Congress It is the sense of the Congress that in com- plying with this section, each State that oper- ates a program funded under this part is encour- aged to assign the highest priority to requiring adults in 2-parent families and adults in single- parent families that include older preschool or school-age children to be engaged in work ac- tivities. (h) Sense of Congress that States should impose certain requirements on noncustodial, non- supporting minor parents It is the sense of the Congress that the States should require noncustodial, nonsupporting par- ents who have not attained 18 years of age to fulfill community work obligations and attend appropriate parenting or money management classes after school. (i) Verification of work and work-eligible indi- viduals in order to implement reforms (1) Secretarial direction and oversight (A) Regulations for determining whether ac- tivities may be counted as ‘‘work activi- ties’’, how to count and verify reported hours of work, and determining who is a work-eligible individual (i) In general Not later than June 30, 2006, the Sec- retary shall promulgate regulations to en- sure consistent measurement of work par- ticipation rates under State programs funded under this part and State programs funded with qualified State expenditures (as defined in section 609(a)(7)(B)(i) of this title), which shall include information with respect to— (I) determining whether an activity of a recipient of assistance may be treated as a work activity under subsection (d); (II) uniform methods for reporting hours of work by a recipient of assist- ance; (III) the type of documentation needed to verify reported hours of work by a re- cipient of assistance; and (IV) the circumstances under which a parent who resides with a child who is a recipient of assistance should be in- cluded in the work participation rates. (ii) Issuance of regulations on an interim final basis The regulations referred to in clause (i) may be effective and final immediately on an interim basis as of the date of publica- tion of the regulations. If the Secretary provides for an interim final regulation, the Secretary shall provide for a period of public comment on the regulation after the date of publication. The Secretary may change or revise the regulation after the public comment period. (B) Oversight of State procedures The Secretary shall review the State pro- cedures established in accordance with para- graph (2) to ensure that such procedures are consistent with the regulations promulgated under subparagraph (A) and are adequate to ensure an accurate measurement of work participation under the State programs funded under this part and any other State programs funded with qualified State ex- penditures (as so defined). (2) Requirement for States to establish and maintain work participation verification procedures Not later than September 30, 2006, a State to which a grant is made under section 603 of this title shall establish procedures for deter- mining, with respect to recipients of assist- ance under the State program funded under this part or under any State programs funded with qualified State expenditures (as so de- fined), whether activities may be counted as work activities, how to count and verify re- ported hours of work, and who is a work-eligi- ble individual, in accordance with the regula- tions promulgated pursuant to paragraph (1)(A)(i) and shall establish internal controls to ensure compliance with the procedures. (Aug. 14, 1935, ch. 531, title IV, § 407, as added Pub. L. 104–193, title I, § 103(a)(1), Aug. 22, 1996, 110 Stat. 2129; amended Pub. L. 105–33, title V, §§ 5003(a), 5504, 5514(c), Aug. 5, 1997, 111 Stat. 594, 609, 620; Pub. L. 109–171, title VII, § 7102(a), (b)(1), (c)(1), Feb. 8, 2006, 120 Stat. 136; Pub. L. 111–5, div. B, title II, § 2101(b), (d)(2), Feb. 17, 2009, 123 Stat. 448, 449; Pub. L. 112–96, title IV, § 4005(b), Feb. 22, 2012, 126 Stat. 198; Pub. L. 118–5, div. C, title I, §§ 301, 303, June 3, 2023, 137 Stat. 34, 35.) Page 2176 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 607 AMENDMENT OF SUBSECTION (b) Pub. L. 118–5, div. C, title I, §§ 301, 303, 305, June 3, 2023, 137 Stat. 34–36, provided that, ef- fective Oct. 1, 2025, subsection (b) of this section is amended: (1) in subparagraphs (A)(ii) and (B) of para- graph (3), by striking ‘‘2005’’ and inserting ‘‘2015’’; and (2) by adding at the end the following: (6) Special rule regarding calculation of the min- imum participation rate The Secretary shall determine participation rates under this section without regard to any in- dividual engaged in work in a family that receives no assistance under this part and less than $35 in assistance funded with qualified State expendi- tures (as defined in section 609(a)(7)(B)(i) of this title). See 2023 Amendment notes below. Editorial Notes PRIOR PROVISIONS A prior section 607, act Aug. 14, 1935, ch. 531, title IV, § 407, as added May 8, 1961, Pub. L. 87–31, § 1, 75 Stat. 75; amended July 25, 1962, Pub. L. 87–543, title I, §§ 104(a)(3)(E), 131(a), 134, 76 Stat. 185, 193, 196; Oct. 13, 1964, Pub. L. 88–641, § 2(b), 78 Stat. 1042; June 29, 1967, Pub. L. 90–36, § 2, 81 Stat. 94; Jan. 2, 1968, Pub. L. 90–248, title II, § 203(a), 81 Stat. 882; June 28, 1968, Pub. L. 90–364, title III, § 302, 82 Stat. 273; Dec. 28, 1971, Pub. L. 92–223, § 3(a)(10), (11), 85 Stat. 805; Oct. 20, 1976, Pub. L. 94–566, title V, § 507(a), (b), (d), 90 Stat. 2688; Aug. 13, 1981, Pub. L. 97–35, title XXIII, §§ 2313(a), (c)(2), 2353(q), 95 Stat. 853, 854, 874; July 18, 1984, Pub. L. 98–369, div. B, title VI, § 2663(c)(4), (j)(3)(B)(ii), 98 Stat. 1166, 1171; Oct. 13, 1988, Pub. L. 100–485, title II, § 202(b)(7)–(11), title IV, § 401(a)(2)(B), (C), (b)(1), (3), (c), (h), 102 Stat. 2377, 2378, 2394–2396; Nov. 10, 1988, Pub. L. 100–647, title VIII, § 8105(1)–(3), (5), 102 Stat. 3797; Dec. 19, 1989, Pub. L. 101–239, title X, § 10403(a)(1)(A)(i), (2), 103 Stat. 2487, 2488; Nov. 5, 1990, Pub. L. 101–508, title V, §§ 5061(a), 5062(a), 104 Stat. 1388–231, 1388–232, related to dependent chil- dren of unemployed parents, prior to repeal by Pub. L. 104–193, § 103(a)(1), as amended by Pub. L. 105–33, title V, § 5514(c), Aug. 5, 1997, 111 Stat. 620. AMENDMENTS 2023—Subsec. (b)(3)(A)(ii), (B). Pub. L. 118–5, § 301, sub- stituted ‘‘2015’’ for ‘‘2005’’. Subsec. (b)(6). Pub. L. 118–5, § 303, added par. (6). 2012—Subsec. (c)(2)(A)(i). Pub. L. 112–96 substituted ‘‘603(b)(5)’’ for ‘‘603(b)(6)’’. 2009—Subsec. (b)(3)(A)(i). Pub. L. 111–5, § 2101(d)(2), struck out ‘‘(or if the immediately preceding fiscal year is fiscal year 2008, 2009, or 2010, then, at State op- tion, during the emergency fund base year of the State with respect to the average monthly assistance case- load of the State (within the meaning of section 603(c)(9) of this title), except that, if a State elects such option for fiscal year 2008, the emergency fund base year of the State with respect to such caseload shall be fiscal year 2007))’’ before ‘‘under the State’’. Pub. L. 111–5, § 2101(b), inserted ‘‘(or if the imme- diately preceding fiscal year is fiscal year 2008, 2009, or 2010, then, at State option, during the emergency fund base year of the State with respect to the average monthly assistance caseload of the State (within the meaning of section 603(c)(9) of this title), except that, if a State elects such option for fiscal year 2008, the emergency fund base year of the State with respect to such caseload shall be fiscal year 2007))’’ before ‘‘under the State’’. 2006—Subsecs. (a)(1), (2), (b)(1)(B)(i). Pub. L. 109–171, § 7102(b)(1), inserted ‘‘or any other State program fund- ed with qualified State expenditures (as defined in sec- tion 609(a)(7)(B)(i) of this title)’’ after ‘‘this part’’. Subsec. (b)(3)(A)(i). Pub. L. 109–171, § 7102(a)(1)(A), in- serted ‘‘or any other State program funded with quali- fied State expenditures (as defined in section 609(a)(7)(B)(i) of this title)’’ after ‘‘this part’’. Subsec. (b)(3)(A)(ii). Pub. L. 109–171, § 7102(a)(1)(B), added cl. (ii) and struck out former cl. (ii) which read as follows: ‘‘the average monthly number of families that received aid under the State plan approved under part A of this subchapter (as in effect on September 30, 1995) during fiscal year 1995.’’ Subsec. (b)(3)(B). Pub. L. 109–171, § 7102(a)(2), sub- stituted ‘‘and the eligibility criteria in effect during fiscal year 2005’’ for ‘‘and eligibility criteria under the State program operated under the State plan approved under part A of this subchapter (as such plan and such part were in effect on September 30, 1995)’’. Subsecs. (c)(2)(A)(i), (e)(1), (2). Pub. L. 109–171, § 7102(b)(1), inserted ‘‘or any other State program fund- ed with qualified State expenditures (as defined in sec- tion 609(a)(7)(B)(i) of this title)’’ after ‘‘this part’’. Subsec. (i). Pub. L. 109–171, § 7102(c)(1), amended head- ing and text generally. Prior to amendment, text read as follows: ‘‘During fiscal year 1999, the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate shall hold hearings and engage in other appropriate activities to review the implementation of this section by the States, and shall invite the Governors of the States to testify before them regarding such implementation. Based on such hearings, such Committees may intro- duce such legislation as may be appropriate to remedy any problems with the State programs operated pursu- ant to this section.’’ 1997—Pub. L. 105–33, § 5514(c), made technical amend- ment to directory language of Pub. L. 104–193, § 103(a)(1), which enacted this section. Subsec. (b)(2)(C). Pub. L. 105–33, § 5504(a), added sub- par. (C). Subsec. (b)(3). Pub. L. 105–33, § 5504(b), inserted ‘‘and not resulting from changes in State eligibility cri- teria’’ after ‘‘Federal law’’ in heading. Subsec. (b)(4). Pub. L. 105–33, § 5504(c), inserted ‘‘or tribal work program’’ after ‘‘assistance plan’’ in head- ing and ‘‘or under a tribal work program to which funds are provided under this part’’ before period at end of text. Subsec. (c)(1)(B). Pub. L. 105–33, § 5504(e), substituted ‘‘participating’’ for ‘‘making progress’’ in cls. (i) and (ii). Subsec. (c)(1)(B)(i). Pub. L. 105–33, § 5504(d)(1), sub- stituted ‘‘and the other parent in the family are’’ for ‘‘is’’ and inserted ‘‘a total of’’ before ‘‘at least’’. Subsec. (c)(1)(B)(ii). Pub. L. 105–33, § 5504(d)(2), sub- stituted ‘‘individual and the other parent in the family are’’ for ‘‘individual’s spouse is’’, inserted ‘‘for a total of at least 55 hours per week’’ before ‘‘during the month’’, and substituted ‘‘50’’ for ‘‘20’’ and ‘‘(6), (7), (8), or (12)’’ for ‘‘or (7)’’. Subsec. (c)(2)(A)(i). Pub. L. 105–33, § 5504(f), inserted ‘‘or the State is a needy State (within the meaning of section 603(b)(6) of this title)’’ after ‘‘United States’’. Subsec. (c)(2)(B). Pub. L. 105–33, § 5504(g), inserted ‘‘or relative’’ after ‘‘parent’’ in two places in heading and substituted ‘‘who is the only parent or caretaker rel- ative in the family’’ for ‘‘in a 1-parent family who is the parent’’. Subsec. (c)(2)(C). Pub. L. 105–33, § 5504(h), in heading substituted ‘‘Single teen head of household or married teen’’ for ‘‘Teen head of household’’ and, in introduc- tory provisions, substituted ‘‘married or a’’ for ‘‘a sin- gle’’ and struck out ‘‘, subject to subparagraph (D) of this paragraph,’’ after ‘‘is deemed’’. Subsec. (c)(2)(C)(ii). Pub. L. 105–33, § 5504(i), sub- stituted ‘‘an average of at least 20 hours per week dur- ing the month’’ for ‘‘at least the minimum average number of hours per week specified in the table set forth in paragraph (1)(A) of this subsection’’. Subsec. (c)(2)(D). Pub. L. 105–33, § 5003(a), amended heading and text of subpar. (D) generally. Prior to Page 2177 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 608 amendment, text read as follows: ‘‘For purposes of de- termining monthly participation rates under para- graphs (1)(B)(i) and (2)(B) of subsection (b) of this sec- tion, not more than 20 percent of individuals in all fam- ilies and in 2-parent families may be determined to be engaged in work in the State for a month by reason of participation in vocational educational training or deemed to be engaged in work by reason of subpara- graph (C) of this paragraph.’’ Subsec. (e)(2). Pub. L. 105–33, § 5504(j), substituted ‘‘en- gage in work required in accordance with this section’’ for ‘‘work’’ in introductory provisions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2023 AMENDMENT Pub. L. 118–5, div. C, title I, § 305, June 3, 2023, 137 Stat. 36, provided that: ‘‘The amendments made by this title [amending this section and section 611 of this title] shall take effect on October 1, 2024, except for sec- tions 301 and 303 [amending this section] which shall take effect on October 1, 2025.’’ EFFECTIVE DATE OF 2009 AMENDMENT Pub. L. 111–5, div. B, title II, § 2101(d)(2), Feb. 17, 2009, 123 Stat. 449, provided that the amendment by section 2101(d)(2) of Pub. L. 111–5 is effective Oct. 1, 2011. EFFECTIVE DATE OF 2006 AMENDMENT Amendment by section 7102(c)(1) of Pub. L. 109–171 ef- fective as if enacted on Oct. 1, 2005, except as otherwise provided, see section 7701 of Pub. L. 109–171, set out as a note under section 603 of this title. Pub. L. 109–171, title VII, § 7102(d), Feb. 8, 2006, 120 Stat. 137, provided that: ‘‘The amendments made by subsections (a) and (b) [amending this section and sec- tion 611 of this title] shall take effect on October 1, 2006.’’ EFFECTIVE DATE OF 1997 AMENDMENT Pub. L. 105–33, title V, § 5003(b), Aug. 5, 1997, 111 Stat. 594, provided that: ‘‘The amendment made by sub- section (a) of this section [amending this section] shall take effect as if included in the enactment of section 103(a) of the Personal Responsibility and Work Oppor- tunity Reconciliation Act of 1996 [Pub. L. 104–193].’’ Amendment by section 5504 of Pub. L. 105–33 effective as if included in section 103(a) of the Personal Responsi- bility and Work Opportunity Reconciliation Act of 1996, Pub. L. 104–193, at the time such section 103(a) became law, see section 5518(a) of Pub. L. 105–33, set out as a note under section 602 of this title. Amendment by section 5514(c) of Pub. L. 105–33 effec- tive as if included in the provision of Pub. L. 104–193 amended at the time the provision became law, see sec- tion 5518(d) of Pub. L. 105–33, set out as a note under section 862a of Title 21, Food and Drugs. EFFECTIVE DATE Section effective July 1, 1997, with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings com- menced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Sec- retary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Pub. L. 104–193, as amended, set out as a note under section 601 of this title. § 608. Prohibitions; requirements (a) In general (1) No assistance for families without a minor child A State to which a grant is made under sec- tion 603 of this title shall not use any part of the grant to provide assistance to a family, unless the family includes a minor child who resides with the family (consistent with para- graph (10)) or a pregnant individual. (2) Reduction or elimination of assistance for noncooperation in establishing paternity or obtaining child support If the agency responsible for administering the State plan approved under part D deter- mines that an individual is not cooperating with the State in establishing paternity or in establishing, modifying, or enforcing a support order with respect to a child of the individual, and the individual does not qualify for any good cause or other exception established by the State pursuant to section 654(29) of this title, then the State— (A) shall deduct from the assistance that would otherwise be provided to the family of the individual under the State program funded under this part an amount equal to not less than 25 percent of the amount of such assistance; and (B) may deny the family any assistance under the State program. (3) No assistance for families not assigning cer- tain support rights to the State A State to which a grant is made under sec- tion 603 of this title shall require, as a condi- tion of paying assistance to a family under the State program funded under this part, that a member of the family assign to the State any right the family member may have (on behalf of the family member or of any other person for whom the family member has applied for or is receiving such assistance) to support from any other person, not exceeding the total amount of assistance so paid to the family, which accrues during the period that the fam- ily receives assistance under the program. (4) No assistance for teenage parents who do not attend high school or other equivalent training program A State to which a grant is made under sec- tion 603 of this title shall not use any part of the grant to provide assistance to an indi- vidual who has not attained 18 years of age, is not married, has a minor child at least 12 weeks of age in his or her care, and has not successfully completed a high-school edu- cation (or its equivalent), if the individual does not participate in— (A) educational activities directed toward the attainment of a high school diploma or its equivalent; or (B) an alternative educational or training program that has been approved by the State. (5) No assistance for teenage parents not living in adult-supervised settings (A) In general (i) Requirement Except as provided in subparagraph (B), a State to which a grant is made under section 603 of this title shall not use any part of the grant to provide assistance to an individual described in clause (ii) of this subparagraph if the individual and the