42 U.S.C. § 608 — Prohibitions; requirements

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 Page 2178 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 608 minor child referred to in clause (ii)(II) do not reside in a place of residence main- tained by a parent, legal guardian, or other adult relative of the individual as such parent’s, guardian’s, or adult rel- ative’s own home. (ii) Individual described For purposes of clause (i), an individual described in this clause is an individual who— (I) has not attained 18 years of age; and (II) is not married, and has a minor child in his or her care. (B) Exception (i) Provision of, or assistance in locating, adult-supervised living arrangement In the case of an individual who is de- scribed in clause (ii), the State agency re- ferred to in section 602(a)(4) of this title shall provide, or assist the individual in lo- cating, a second chance home, maternity home, or other appropriate adult-super- vised supportive living arrangement, tak- ing into consideration the needs and con- cerns of the individual, unless the State agency determines that the individual’s current living arrangement is appropriate, and thereafter shall require that the indi- vidual and the minor child referred to in subparagraph (A)(ii)(II) reside in such liv- ing arrangement as a condition of the con- tinued receipt of assistance under the State program funded under this part at- tributable to funds provided by the Fed- eral Government (or in an alternative ap- propriate arrangement, should cir- cumstances change and the current ar- rangement cease to be appropriate). (ii) Individual described For purposes of clause (i), an individual is described in this clause if the individual is described in subparagraph (A)(ii), and— (I) the individual has no parent, legal guardian, or other appropriate adult rel- ative described in subclause (II) of his or her own who is living or whose where- abouts are known; (II) no living parent, legal guardian, or other appropriate adult relative, who would otherwise meet applicable State criteria to act as the individual’s legal guardian, of such individual allows the individual to live in the home of such parent, guardian, or relative; (III) the State agency determines that— (aa) the individual or the minor child referred to in subparagraph (A)(ii)(II) is being or has been subjected to seri- ous physical or emotional harm, sexual abuse, or exploitation in the residence of the individual’s own parent or legal guardian; or (bb) substantial evidence exists of an act or failure to act that presents an imminent or serious harm if the indi- vidual and the minor child lived in the same residence with the individual’s own parent or legal guardian; or (IV) the State agency otherwise deter- mines that it is in the best interest of the minor child to waive the require- ment of subparagraph (A) with respect to the individual or the minor child. (iii) Second-chance home For purposes of this subparagraph, the term ‘‘second-chance home’’ means an en- tity that provides individuals described in clause (ii) with a supportive and super- vised living arrangement in which such in- dividuals are required to learn parenting skills, including child development, family budgeting, health and nutrition, and other skills to promote their long-term eco- nomic independence and the well-being of their children. (6) No medical services (A) In general A State to which a grant is made under section 603 of this title shall not use any part of the grant to provide medical serv- ices. (B) Exception for prepregnancy family plan- ning services As used in subparagraph (A), the term ‘‘medical services’’ does not include prepregnancy family planning services. (7) No assistance for more than 5 years (A) In general 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 a family that includes an adult who has re- ceived assistance under any State program funded under this part attributable to funds provided by the Federal Government, for 60 months (whether or not consecutive) after the date the State program funded under this part commences, subject to this para- graph. (B) Minor child exception In determining the number of months for which an individual who is a parent or preg- nant has received assistance under the State program funded under this part, the State shall disregard any month for which such as- sistance was provided with respect to the in- dividual and during which the individual was— (i) a minor child; and (ii) not the head of a household or mar- ried to the head of a household. (C) Hardship exception (i) In general The State may exempt a family from the application of subparagraph (A) by reason of hardship or if the family includes an in- dividual who has been battered or sub- jected to extreme cruelty. (ii) Limitation The average monthly number of families with respect to which an exemption made by a State under clause (i) is in effect for a fiscal year shall not exceed 20 percent of Page 2179 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 608 the average monthly number of families to which assistance is provided under the State program funded under this part dur- ing the fiscal year or the immediately pre- ceding fiscal year (but not both), as the State may elect. (iii) Battered or subject to extreme cruelty defined For purposes of clause (i), an individual has been battered or subjected to extreme cruelty if the individual has been sub- jected to— (I) physical acts that resulted in, or threatened to result in, physical injury to the individual; (II) sexual abuse; (III) sexual activity involving a de- pendent child; (IV) being forced as the caretaker rel- ative of a dependent child to engage in nonconsensual sexual acts or activities; (V) threats of, or attempts at, physical or sexual abuse; (VI) mental abuse; or (VII) neglect or deprivation of medical care. (D) Disregard of months of assistance re- ceived by adult while living in Indian country or an Alaskan Native village with 50 percent unemployment (i) In general In determining the number of months for which an adult has received assistance under a State or tribal program funded under this part, the State or tribe shall disregard any month during which the adult lived in Indian country or an Alas- kan Native village if the most reliable data available with respect to the month (or a period including the month) indicate that at least 50 percent of the adults living in Indian country or in the village were not employed. (ii) ‘‘Indian country’’ defined As used in clause (i), the term ‘‘Indian country’’ has the meaning given such term in section 1151 of title 18. (E) Rule of interpretation Subparagraph (A) shall not be interpreted to require any State to provide assistance to any individual for any period of time under the State program funded under this part. (F) Rule of interpretation This part shall not be interpreted to pro- hibit any State from expending State funds not originating with the Federal Govern- ment on benefits for children or families that have become ineligible for assistance under the State program funded under this part by reason of subparagraph (A). (G) Inapplicability to welfare-to-work grants and assistance For purposes of subparagraph (A) of this paragraph, a grant made under section 603(a)(5) of this title shall not be considered a grant made under section 603 of this title, and noncash assistance from funds provided under section 603(a)(5) of this title shall not be considered assistance. (8) Denial of assistance for 10 years to a person found to have fraudulently misrepresented residence in order to obtain assistance in 2 or more States 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 cash assistance to an in- dividual during the 10-year period that begins on the date the individual is convicted in Fed- eral or State court of having made a fraudu- lent statement or representation with respect to the place of residence of the individual in order to receive assistance simultaneously from 2 or more States under programs that are funded under this subchapter, subchapter XIX, or the Food and Nutrition Act of 2008 [7 U.S.C. 2011 et seq.], or benefits in 2 or more States under the supplemental security income pro- gram under subchapter XVI. The preceding sentence shall not apply with respect to a con- viction of an individual, for any month begin- ning after the President of the United States grants a pardon with respect to the conduct which was the subject of the conviction. (9) Denial of assistance for fugitive felons and probation and parole violators (A) In general 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 any individual who is— (i) fleeing to avoid prosecution, or cus- tody or confinement after conviction, under the laws of the place from which the individual flees, for a crime, or an attempt to commit a crime, which is a felony under the laws of the place from which the indi- vidual flees, or which, in the case of the State of New Jersey, is a high mis- demeanor under the laws of such State; or (ii) violating a condition of probation or parole imposed under Federal or State law. The preceding sentence shall not apply with respect to conduct of an individual, for any month beginning after the President of the United States grants a pardon with respect to the conduct. (B) Exchange of information with law en- forcement agencies If a State to which a grant is made under section 603 of this title establishes safe- guards against the use or disclosure of infor- mation about applicants or recipients of as- sistance under the State program funded under this part, the safeguards shall not pre- vent the State agency administering the program from furnishing a Federal, State, or local law enforcement officer, upon the re- quest of the officer, with the current address of any recipient if the officer furnishes the agency with the name of the recipient and notifies the agency that— (i) the recipient— (I) is described in subparagraph (A); or (II) has information that is necessary for the officer to conduct the official du- ties of the officer; and Page 2180 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 608 1 See References in Text note below. (ii) the location or apprehension of the recipient is within such official duties. (10) Denial of assistance for minor children who are absent from the home for a signifi- cant period (A) In general 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 for a minor child who has been, or is expected by a parent (or other caretaker relative) of the child to be, absent from the home for a pe- riod of 45 consecutive days or, at the option of the State, such period of not less than 30 and not more than 180 consecutive days as the State may provide for in the State plan submitted pursuant to section 602 of this title. (B) State authority to establish good cause exceptions The State may establish such good cause exceptions to subparagraph (A) as the State considers appropriate if such exceptions are provided for in the State plan submitted pursuant to section 602 of this title. (C) Denial of assistance for relative who fails to notify State agency of absence of child 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 for an individual who is a parent (or other care- taker relative) of a minor child and who fails to notify the agency administering the State program funded under this part of the ab- sence of the minor child from the home for the period specified in or provided for pursu- ant to subparagraph (A), by the end of the 5- day period that begins with the date that it becomes clear to the parent (or relative) that the minor child will be absent for such period so specified or provided for. (11) Medical assistance required to be provided for certain families having earnings from employment or child support (A) Earnings from employment A State to which a grant is made under section 603 of this title and which has a State plan approved under subchapter XIX shall provide that in the case of a family that is treated (under section 1396u–1(b)(1)(A) of this title for purposes of subchapter XIX) as receiving aid under a State plan approved under this part (as in ef- fect on July 16, 1996), that would become in- eligible for such aid because of hours of or income from employment of the caretaker relative (as defined under this part as in ef- fect on such date) or because of section 602(a)(8)(B)(ii)(II) of this title (as so in ef- fect), and that was so treated as receiving such aid in at least 3 of the 6 months imme- diately 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 for an extended period or periods as provided in section 1396r–6 or 1396a(e)(1) of this title (as applicable), and that the family will be appropriately notified of such extension as required by section 1396r–6(a)(2) of this title. (B) Child support A State to which a grant is made under section 603 of this title and which has a State plan approved under subchapter XIX shall provide that in the case of a family that is treated (under section 1396u–1(b)(1)(A) of this title for purposes of subchapter XIX) as receiving aid under a State plan approved under this part (as in ef- fect on July 16, 1996), that would become in- eligible for such aid as a result (wholly or partly) of the collection of child or spousal support under part D and that was so treated as receiving 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 sub- chapter XIX for an extended period or peri- ods as provided in section 1396u–1(c)(1) of this title. (12) State requirement to prevent unauthor- ized spending of benefits (A) In general A State to which a grant is made under section 603 of this title shall maintain poli- cies and practices as necessary to prevent assistance provided under the State program funded under this part from being used in any electronic benefit transfer transaction in— (i) any liquor store; (ii) any casino, gambling casino, or gam- ing establishment; or (iii) any retail establishment which pro- vides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment. (B) Definitions For purposes of subparagraph (A)— (i) Liquor store The term ‘‘liquor store’’ means any re- tail establishment which sells exclusively or primarily intoxicating liquor. Such term does not include a grocery store which sells both intoxicating liquor and groceries including staple foods (within the meaning of section 3(r) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(r))).1 (ii) Casino, gambling casino, or gaming es- tablishment The terms ‘‘casino’’, ‘‘gambling casino’’, and ‘‘gaming establishment’’ do not in- clude— (I) a grocery store which sells groceries including such staple foods and which also offers, or is located within the same building or complex as, casino, gam- bling, or gaming activities; or (II) any other establishment that offers casino, gambling, or gaming activities incidental to the principal purpose of the business. Page 2181 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 608 (iii) Electronic benefit transfer transaction The term ‘‘electronic benefit transfer transaction’’ means the use of a credit or debit card service, automated teller ma- chine, point-of-sale terminal, or access to an online system for the withdrawal of funds or the processing of a payment for merchandise or a service. (b) Individual responsibility plans (1) Assessment The State agency responsible for admin- istering the State program funded under this part shall make an initial assessment of the skills, prior work experience, and employ- ability of each recipient of assistance under the program who— (A) has attained 18 years of age; or (B) has not completed high school or ob- tained a certificate of high school equiva- lency, and is not attending secondary school. (2) Contents of plans (A) In general On the basis of the assessment made under subsection (a) with respect to an individual, the State agency, in consultation with the individual, may develop an individual re- sponsibility plan for the individual, which— (i) sets forth an employment goal for the individual and a plan for moving the indi- vidual immediately into private sector em- ployment; (ii) sets forth the obligations of the indi- vidual, which may include a requirement that the individual attend school, main- tain certain grades and attendance, keep school age children of the individual in school, immunize children, attend par- enting and money management classes, or do other things that will help the indi- vidual become and remain employed in the private sector; (iii) to the greatest extent possible is de- signed to move the individual into what- ever private sector employment the indi- vidual is capable of handling as quickly as possible, and to increase the responsibility and amount of work the individual is to handle over time; (iv) describes the services the State will provide the individual so that the indi- vidual will be able to obtain and keep em- ployment in the private sector, and de- scribe the job counseling and other serv- ices that will be provided by the State; and (v) may require the individual to under- go appropriate substance abuse treatment. (B) Timing The State agency may comply with para- graph (1) with respect to an individual— (i) within 90 days (or, at the option of the State, 180 days) after the effective date of this part, in the case of an individual who, as of such effective date, is a recipient of aid under the State plan approved under part A (as in effect immediately before such effective date); or (ii) within 30 days (or, at the option of the State, 90 days) after the individual is determined to be eligible for such assist- ance, in the case of any other individual. (3) Penalty for noncompliance by individual In addition to any other penalties required under the State program funded under this part, the State may reduce, by such amount as the State considers appropriate, the amount of assistance otherwise payable under the State program to a family that includes an indi- vidual who fails without good cause to comply with an individual responsibility plan signed by the individual. (4) State discretion The exercise of the authority of this sub- section shall be within the sole discretion of the State. (c) Sanctions against recipients not considered wage reductions A penalty imposed by a State against the fam- ily of an individual by reason of the failure of the individual to comply with a requirement under the State program funded under this part shall not be construed to be a reduction in any wage paid to the individual. (d) Nondiscrimination provisions The following provisions of law shall apply to any program or activity which receives funds provided under this part: (1) The Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.). (2) Section 794 of title 29. (3) The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). (4) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). (e) Special rules relating to treatment of certain aliens For special rules relating to the treatment of certain aliens, see title IV of the Personal Re- sponsibility and Work Opportunity Reconcili- ation Act of 1996 [8 U.S.C. 1601 et seq.]. (f) Special rules relating to treatment of non- 213A aliens The following rules shall apply if a State elects to take the income or resources of any sponsor of a non-213A alien into account in de- termining whether the alien is eligible for as- sistance under the State program funded under this part, or in determining the amount or types of such assistance to be provided to the alien: (1) Deeming of sponsor’s income and resources For a period of 3 years after a non-213A alien enters the United States: (A) Income deeming rule The income of any sponsor of the alien and of any spouse of the sponsor is deemed to be income of the alien, to the extent that the total amount of the income exceeds the sum of— (i) the lesser of— (I) 20 percent of the total of any amounts received by the sponsor or any such spouse in the month as wages or salary or as net earnings from self-em- ployment, plus the full amount of any costs incurred by the sponsor and any Page 2182 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 608 such spouse in producing self-employ- ment income in such month; or (II) $175; (ii) the cash needs standard established by the State for purposes of determining eligibility for assistance under the State program funded under this part for a fam- ily of the same size and composition as the sponsor and any other individuals living in the same household as the sponsor who are claimed by the sponsor as dependents for purposes of determining the sponsor’s Fed- eral personal income tax liability but whose needs are not taken into account in determining whether the sponsor’s family has met the cash needs standard; (iii) any amounts paid by the sponsor or any such spouse to individuals not living in the household who are claimed by the sponsor as dependents for purposes of de- termining the sponsor’s Federal personal income tax liability; and (iv) any payments of alimony or child support with respect to individuals not liv- ing in the household. (B) Resource deeming rule The resources of a sponsor of the alien and of any spouse of the sponsor are deemed to be resources of the alien to the extent that the aggregate value of the resources exceeds $1,500. (C) Sponsors of multiple non-213A aliens If a person is a sponsor of 2 or more non- 213A aliens who are living in the same home, the income and resources of the sponsor and any spouse of the sponsor that would be deemed income and resources of any such alien under subparagraph (A) shall be di- vided into a number of equal shares equal to the number of such aliens, and the State shall deem the income and resources of each such alien to include 1 such share. (2) Ineligibility of non-213A aliens sponsored by agencies; exception A non-213A alien whose sponsor is or was a public or private agency shall be ineligible for assistance under a State program funded under this part, during a period of 3 years after the alien enters the United States, unless the State agency administering the program determines that the sponsor either no longer exists or has become unable to meet the alien’s needs. (3) Information provisions (A) Duties of non-213A aliens A non-213A alien, as a condition of eligi- bility for assistance under a State program funded under this part during the period of 3 years after the alien enters the United States, shall be required to provide to the State agency administering the program— (i) such information and documentation with respect to the alien’s sponsor as may be necessary in order for the State agency to make any determination required under this subsection, and to obtain any coopera- tion from the sponsor necessary for any such determination; and (ii) such information and documentation as the State agency may request and which the alien or the alien’s sponsor pro- vided in support of the alien’s immigration application. (B) Duties of Federal agencies The Secretary shall enter into agreements with the Secretary of State and the Attor- ney General under which any information available to them and required in order to make any determination under this sub- section will be provided by them to the Sec- retary (who may, in turn, make the informa- tion available, upon request, to a concerned State agency). (4) ‘‘Non-213A alien’’ defined An alien is a non-213A alien for purposes of this subsection if the affidavit of support or similar agreement with respect to the alien that was executed by the sponsor of the alien’s entry into the United States was executed other than pursuant to section 213A of the Im- migration and Nationality Act [8 U.S.C. 1183a]. (5) Inapplicability to alien minor sponsored by a parent This subsection shall not apply to an alien who is a minor child if the sponsor of the alien or any spouse of the sponsor is a parent of the alien. (6) Inapplicability to certain categories of aliens This subsection shall not apply to an alien who is— (A) admitted to the United States as a ref- ugee under section 207 of the Immigration and Nationality Act [8 U.S.C. 1157]; (B) paroled into the United States under section 212(d)(5) of such Act [8 U.S.C. 1182(d)(5)] for a period of at least 1 year; or (C) granted political asylum by the Attor- ney General under section 208 of such Act [8 U.S.C. 1158]. (g) State required to provide certain information Each State to which a grant is made under section 603 of this title shall, at least 4 times an- nually and upon request of the Immigration and Naturalization Service, furnish the Immigration and Naturalization Service with the name and address of, and other identifying information on, any individual who the State knows is not law- fully present in the United States. (Aug. 14, 1935, ch. 531, title IV, § 408, as added Pub. L. 104–193, title I, § 103(a)(1), Aug. 22, 1996, 110 Stat. 2134; amended Pub. L. 105–33, title V, §§ 5001(d), (h)(1), 5505, 5514(c), 5532(b)(2), 5581(a), Aug. 5, 1997, 111 Stat. 591, 593, 610, 620, 626, 642; Pub. L. 109–171, title VII, § 7301(a), Feb. 8, 2006, 120 Stat. 141; Pub. L. 110–234, title IV, § 4002(b)(1)(B), (2)(V), May 22, 2008, 122 Stat. 1096, 1097; Pub. L. 110–246, § 4(a), title IV, § 4002(b)(1)(B), (2)(V), June 18, 2008, 122 Stat. 1664, 1857, 1858; Pub. L. 112–96, title IV, § 4004(a), Feb. 22, 2012, 126 Stat. 197.) Editorial Notes REFERENCES IN TEXT Part D, referred to in subsec. (a)(2), (11)(B), is classi- fied to section 651 et seq. of this title. Page 2183 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 608 The Food and Nutrition Act of 2008, referred to in subsec. (a)(8), is Pub. L. 88–525, Aug. 31, 1964, 78 Stat. 703, 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. Section 3(r) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(r)), referred to in subsec. (a)(12)(B)(i), was redesignated as section 3(q) of the Food and Nutrition Act of 2008, by Pub. L. 113–79, title IV, § 4030(a)(4), Feb. 7, 2014, 128 Stat. 813, and is classified to section 2012(q) of Title 7, Agriculture. For effective date of this part, referred to in subsec. (b)(2)(B)(i), see Effective Date note set out below. The Age Discrimination Act of 1975, referred to in subsec. (d)(1), is title III of Pub. L. 94–135, Nov. 28, 1975, 89 Stat. 728, which is classified generally to chapter 76 (§ 6101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6101 of this title and Tables. The Americans with Disabilities Act of 1990, referred to in subsec. (d)(3), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§ 12101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of this title and Tables. The Civil Rights Act of 1964, referred to in subsec. (d)(4), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title VI of the Act is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of this title and Tables. The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, referred to in subsec. (e), is Pub. L. 104–193, Aug. 22, 1996, 110 Stat. 2105. Title IV of the Act is classified principally to chapter 14 (§ 1601 et seq.) of Title 8, Aliens and Nationality. For complete classification of title IV to the Code, see Tables. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. PRIOR PROVISIONS A prior section 608, act Aug. 14, 1935, ch. 531, title IV, § 408, as added Dec. 19, 1989, Pub. L. 101–239, title VIII, § 8004(a), 103 Stat. 2454; amended Oct. 31, 1994, Pub. L. 103–432, title II, § 265(a), 108 Stat. 4469, related to AFDC quality control system, 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. Another prior section 608, act Aug. 14, 1935, ch. 531, title IV, § 408, as added May 8, 1961, Pub. L. 87–31, § 2, 75 Stat. 76; amended July 25, 1962, Pub. L. 87–543, title I, §§ 101(b)(2)(D), 104(a)(3)(F), (G), 131(b), 135(a)–(d), 155(a), 76 Stat. 180, 185, 193, 196, 197, 207; Jan. 2, 1968, Pub. L. 90–248, title II, §§ 201(e)(4), 205(c), 81 Stat. 880, 892; June 17, 1980, Pub. L. 96–272, title I, §§ 101(a)(5)(A), 102(b), 94 Stat. 513, 515, related to payment to States for foster home care of dependent children, prior to repeal by Pub. L. 96–272, title I, § 101(a)(2), June 17, 1980, 94 Stat. 512, effective, with certain exceptions, to expenditures made after Sept. 30, 1980. AMENDMENTS 2012—Subsec. (a)(12). Pub. L. 112–96 added par. (12). 2008—Subsec. (a)(8). Pub. L. 110–246, § 4002(b)(1)(B), (2)(V), substituted ‘‘Food and Nutrition Act of 2008’’ for ‘‘Food Stamp Act of 1977’’. 2006—Subsec. (a)(3). Pub. L. 109–171 amended par. (3) generally. Prior to amendment, par. (3) prohibited a State from giving assistance under this part to families not assigning to the State certain rights to support ac- cruing before the date the family ceased to receive as- sistance, with certain limitations, and prohibited a State from requiring the assignment of future support rights as a condition of providing assistance to a fam- ily. 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. (a)(1). Pub. L. 105–33, § 5505(a), amended head- ing and text of par. (1) generally. Prior to amendment, text read as follows: ‘‘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 a family— ‘‘(A) unless the family includes— ‘‘(i) a minor child who resides with a custodial parent or other adult caretaker relative of the child; or ‘‘(ii) a pregnant individual; and ‘‘(B) if the family includes an adult who has re- ceived assistance under any State program funded under this part attributable to funds provided by the Federal Government, for 60 months (whether or not consecutive) after the date the State program funded under this part commences (unless an exception de- scribed in subparagraph (B), (C), or (D) of paragraph (7) applies).’’ Subsec. (a)(3). Pub. L. 105–33, § 5505(b), substituted ‘‘ceases to receive assistance under’’ for ‘‘leaves’’ in in- troductory provisions and cl. (ii) of subpar. (A) and in subpar. (B) and substituted ‘‘after such date’’ for ‘‘after the date the family leaves the program’’ in introduc- tory provisions of subpar. (A). Subsec. (a)(3)(A). Pub. L. 105–33, § 5532(b)(2), redesig- nated cls. (i) and (ii) as subcls. (I) and (II), respectively, of cl. (i) and added a new cl. (ii). Subsec. (a)(5)(A)(ii). Pub. L. 105–33, § 5505(c), made technical correction to heading in original. Subsec. (a)(7)(C)(ii). Pub. L. 105–33, § 5505(d)(1), sub- stituted ‘‘The average monthly number’’ for ‘‘The num- ber’’ and inserted ‘‘during the fiscal year or the imme- diately preceding fiscal year (but not both), as the State may elect’’ before period at end. Subsec. (a)(7)(D). Pub. L. 105–33, § 5505(d)(2), amended heading and text of subpar. (D) generally. Prior to amendment, text read as follows: ‘‘In determining the number of months for which an adult has received as- sistance under the State program funded under this part, the State shall disregard any month during which the adult lived on an Indian reservation or in an Alas- kan Native village if, during the month— ‘‘(i) at least 1,000 individuals were living on the res- ervation or in the village; and ‘‘(ii) at least 50 percent of the adults living on the reservation or in the village were unemployed.’’ Subsec. (a)(7)(G). Pub. L. 105–33, § 5001(d), added sub- par. (G). Subsecs. (c), (d). Pub. L. 105–33, § 5001(h)(1), added sub- sec. (c) and redesignated former subsec. (c) as (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 105–33, § 5505(e), added subsec. (e) and struck out heading and text of former subsec. (e). Text read as follows: ‘‘For special rules relating to the treatment of aliens, see section 1612 of title 8.’’ Pub. L. 105–33, § 5001(h)(1)(A), redesignated subsec. (d) as (e). Subsec. (f). Pub. B. 105–33, § 5505(e), added subsec. (f). Subsec. (g). Pub. L. 105–33, § 5581(a), added subsec. (g). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as other- wise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture. Amendment by section 4002(b)(1)(B), (2)(V) of Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Congress. EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109–171, title VII, § 7301(e), Feb. 8, 2006, 120 Stat. 144, provided that: Page 2184 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 608a ‘‘(1) IN GENERAL.—Except as otherwise provided in this section, the amendments made by the preceding provisions of this section [amending this section, sec- tions 654 and 657 of this title, and section 6402 of Title 26, Internal Revenue Code] shall take effect on October 1, 2009, and shall apply to payments under parts A and D of title IV of the Social Security Act [42 U.S.C. 601 et seq., 651 et seq.] for calendar quarters beginning on or after such date, and without regard to whether regu- lations to implement the amendments (in the case of State programs operated under such part D) are pro- mulgated by such date. ‘‘(2) STATE OPTION TO ACCELERATE EFFECTIVE DATE.— Notwithstanding paragraph (1), a State may elect to have the amendments made by the preceding provisions of this section apply to the State and to amounts col- lected by the State (and the payments under parts A and D), on and after such date as the State may select that is not earlier than October 1, 2008, and not later than September 30, 2009.’’ EFFECTIVE DATE OF 1997 AMENDMENT Pub. L. 105–33, title V, § 5001(h)(2), Aug. 5, 1997, 111 Stat. 593, provided that: ‘‘The amendments made by paragraph (1) [amending this section] shall take effect as if included in the enactment of section 103(a) of the Personal Responsibility and Work Opportunity Rec- onciliation Act of 1996 [Pub. L. 104–193].’’ Amendment by section 5505 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. Pub. L. 105–33, title V, § 5557, Aug. 5, 1997, 111 Stat. 637, as amended by Pub. L. 105–200, title IV, § 410(e)(1), July 16, 1998, 112 Stat. 673, provided that: ‘‘(a) IN GENERAL.—Except as provided in subsection (b), the amendments made by this chapter [chapter 3 (§§ 5531–5557) of subtitle F of title V of Pub. L. 105–33, amending this section, sections 652 to 654, 654b, 655, 656, 657 to 659, 663, 664, and 666 of this title, section 1738B of Title 28, Judiciary and Judicial Procedure, and provi- sions set out as a note under section 655 of this title] shall take effect as if included in the enactment of title III of the Personal Responsibility and Work Oppor- tunity Reconciliation Act of 1996 (Public Law 104–193; 110 Stat. 2105). ‘‘(b) EXCEPTION.—The amendments made by section 5532(b)(2) of this Act [amending this section] shall take effect as if the amendments had been included in the enactment of section 103(a) of the Personal Responsi- bility and Work Opportunity Reconciliation Act of 1996 (Public Law 104–193; 110 Stat. 2112). The amendment made by section 5536(1)(A) [amending section 666 of this title] shall not take effect with respect to a State until October 1, 2000, or such earlier date as the State may select.’’ [Pub. L. 105–200, title IV, § 410(e)(2), July 16, 1998, 112 Stat. 673, provided that: ‘‘The amendment made by paragraph (1) [amending section 5557 of Pub. L. 105–33, set out above] shall take effect as if included in the en- actment of section 5557 of the Balanced Budget Act of 1997 (Public Law 105–33; 111 Stat. 637).’’] Pub. L. 105–33, title V, § 5581(a), Aug. 5, 1997, 111 Stat. 642, provided that the amendment made by that section is effective July 1, 1997. 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. ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality. § 608a. Fraud under means-tested welfare and public assistance programs (a) In general If an individual’s benefits under a Federal, State, or local law relating to a means-tested welfare or a public assistance program are re- duced because of an act of fraud by the indi- vidual under the law or program, the individual may not, for the duration of the reduction, re- ceive an increased benefit under any other means-tested welfare or public assistance pro- gram for which Federal funds are appropriated as a result of a decrease in the income of the in- dividual (determined under the applicable pro- gram) attributable to such reduction. (b) Welfare or public assistance programs for which Federal funds are appropriated For purposes of subsection (a), the term ‘‘means-tested welfare or public assistance pro- gram for which Federal funds are appropriated’’ includes the food stamp program under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), any pro- gram of public or assisted housing under title I of the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.), and any State program fund- ed under this part. (Pub. L. 104–193, title IX, § 911, Aug. 22, 1996, 110 Stat. 2353.) Editorial Notes REFERENCES IN TEXT The Food Stamp Act of 1977, referred to in subsec. (b), subsequently renamed the Food and Nutrition Act of 2008, is Pub. L. 88–525, Aug. 31, 1964, 78 Stat. 703, 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 sec- tion 2011 of Title 7 and Tables. The United States Housing Act of 1937, referred to in subsec. (b), is act Sept. 1, 1937, ch. 896, as revised gen- erally by Pub. L. 93–383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653. Title I of the Act is classified generally to subchapter I (§ 1437 et seq.) of chapter 8 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1437 of this title and Tables. CODIFICATION Section was enacted as part of the Personal Responsi- bility and Work Opportunity Reconciliation Act of 1996, and not as part of the Social Security Act which com- prises this chapter. Statutory Notes and Related Subsidiaries CHANGE OF NAME References to the food stamp program established under the Food and Nutrition Act of 2008 considered to refer to the supplemental nutrition assistance program