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42 U.S.C. § 612 — Direct funding and administration by Indian tribes
Federal law — U.S. Code and appendices · legal_authorities
**(a) Grants for Indian tribes**
(1) **Tribal family assistance grant**
(A) *In general* — For each of fiscal years 2017 and 2018, the Secretary shall pay to each Indian tribe that has an approved tribal family assistance plan a tribal family assistance grant for the fiscal year in an amount equal to the amount determined under subparagraph (B), which shall be reduced for a fiscal year, on a pro rata basis for each quarter, in the case of a tribal family assistance plan approved during a fiscal year for which the plan is to be in effect, and shall reduce the grant payable under [section 603(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section603/a/1&num=0&edition=prelim) to any State in which lies the service area or areas of the Indian tribe by that portion of the amount so determined that is attributable to expenditures by the State.
(B) *Amount determined*
(i) *In general* — The amount determined under this subparagraph is an amount equal to the total amount of the Federal payments to a State or States under [section 603 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section603&num=0&edition=prelim) (as in effect during such fiscal year) for fiscal year 1994 attributable to expenditures (other than child care expenditures) by the State or States under parts A and F (as so in effect) for fiscal year 1994 for Indian families residing in the service area or areas identified by the Indian tribe pursuant to subsection (b)(1)(C) of this section.
(ii) *Use of State submitted data*
(I) *In general* — The Secretary shall use State submitted data to make each determination under clause (i).
(II) *Disagreement with determination* — If an Indian tribe or tribal organi
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Source file: Laws/federal/codes/united-states-code/title-42/section-612-direct-funding-and-administration-by-indian-tribes--9e5e5c44b3.md
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Source location: Title 42, Chapter 7, § 612; chapter-007-social-security.md
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**(a) Grants for Indian tribes**
(1) **Tribal family assistance grant**
(A) *In general* — For each of fiscal years 2017 and 2018, the Secretary shall pay to each Indian tribe that has an approved tribal family assistance plan a tribal family assistance grant for the fiscal year in an amount equal to the amount determined under subparagraph (B), which shall be reduced for a fiscal year, on a pro rata basis for each quarter, in the case of a tribal family assistance plan approved during a fiscal year for which the plan is to be in effect, and shall reduce the grant payable under [section 603(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section603/a/1&num=0&edition=prelim) to any State in which lies the service area or areas of the Indian tribe by that portion of the amount so determined that is attributable to expenditures by the State.
(B) *Amount determined*
(i) *In general* — The amount determined under this subparagraph is an amount equal to the total amount of the Federal payments to a State or States under [section 603 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section603&num=0&edition=prelim) (as in effect during such fiscal year) for fiscal year 1994 attributable to expenditures (other than child care expenditures) by the State or States under parts A and F (as so in effect) for fiscal year 1994 for Indian families residing in the service area or areas identified by the Indian tribe pursuant to subsection (b)(1)(C) of this section.
(ii) *Use of State submitted data*
(I) *In general* — The Secretary shall use State submitted data to make each determination under clause (i).
(II) *Disagreement with determination* — If an Indian tribe or tribal organization disagrees with State submitted data described under subclause (I), the Indian tribe or tribal organization may submit to the Secretary such additional information as may be relevant to making the determination under clause (i) and the Secretary may consider such information before making such determination.
(2) **Grants for Indian tribes that received jobs funds**
(A) *In general* — For each of fiscal years 2017 and 2018, the Secretary shall pay to each eligible Indian tribe that proposes to operate a program described in subparagraph (C) a grant in an amount equal to the amount received by the Indian tribe in fiscal year 1994 under [section 682(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section682/i&num=0&edition=prelim) (as in effect during fiscal year 1994).
(B) *Eligible Indian tribe* — For purposes of subparagraph (A), the term “eligible Indian tribe” means an Indian tribe or Alaska Native organization that conducted a job opportunities and basic skills training program in fiscal year 1995 under [section 682(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section682/i&num=0&edition=prelim) (as in effect during fiscal year 1995).
(C) *Use of grant* — Each Indian tribe to which a grant is made under this paragraph shall use the grant for the purpose of operating a program to make work activities available to such population and such service area or areas as the tribe specifies.
(D) *Appropriation* — Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated $7,633,287 for each fiscal year specified in subparagraph (A) for grants under subparagraph (A).
(3) **Welfare-to-work grants**
(A) *In general* — The Secretary of Labor shall award a grant in accordance with this paragraph to an Indian tribe for each fiscal year specified in [section 603(a)(5)(H) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section603/a/5/H&num=0&edition=prelim) for which the Indian tribe is a welfare-to-work tribe, in such amount as the Secretary of Labor deems appropriate, subject to subparagraph (B) of this paragraph.
(B) *Welfare-to-work tribe* — An Indian tribe shall be considered a welfare-to-work tribe for a fiscal year for purposes of this paragraph if the Indian tribe meets the following requirements:
(i) The Indian tribe has submitted to the Secretary of Labor a plan which describes how, consistent with [section 603(a)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section603/a/5&num=0&edition=prelim), the Indian tribe will use any funds provided under this paragraph during the fiscal year. If the Indian tribe has a tribal family assistance plan, the plan referred to in the preceding sentence shall be in the form of an addendum to the tribal family assistance plan.
(ii) The Indian tribe is operating a program under a tribal family assistance plan approved by the Secretary of Health and Human Services, a program described in paragraph (2)(C), or an employment program funded through other sources under which substantial services are provided to recipients of assistance under a program funded under this part.
(iii) The Indian tribe has provided the Secretary of Labor with an estimate of the amount that the Indian tribe intends to expend during the fiscal year (excluding tribal expenditures described in section 609(a)(7)(B)(iv) (other than subclause (III) thereof) of this title) pursuant to this paragraph.
(iv) The Indian tribe has agreed to negotiate in good faith with the Secretary of Health and Human Services with respect to the substance and funding of any evaluation under [section 613(j) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section613/j&num=0&edition=prelim), and to cooperate with the conduct of any such evaluation.
(C) *Limitations on use of funds*
(i) *In general* — [Section 603(a)(5)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section603/a/5/C&num=0&edition=prelim) shall apply to funds provided to Indian tribes under this paragraph in the same manner in which such section applies to funds provided under [section 603(a)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section603/a/5&num=0&edition=prelim).
(ii) *Waiver authority* — The Secretary of Labor may waive or modify the application of a provision of section 603(a)(5)(C) (other than clause (viii) thereof) of this title with respect to an Indian tribe to the extent necessary to enable the Indian tribe to operate a more efficient or effective program with the funds provided under this paragraph.
(iii) *Regulations* — Within 90 days after August 5, 1997, the Secretary of Labor, after consultation with the Secretary of Health and Human Services and the Secretary of Housing and Urban Development, shall prescribe such regulations as may be necessary to implement this paragraph.
**(b) 3-year tribal family assistance plan**
(1) **In general** — Any Indian tribe that desires to receive a tribal family assistance grant shall submit to the Secretary a 3-year tribal family assistance plan that—
(A) outlines the Indian tribe’s approach to providing welfare-related services for the 3-year period, consistent with this section;
(B) specifies whether the welfare-related services provided under the plan will be provided by the Indian tribe or through agreements, contracts, or compacts with intertribal consortia, States, or other entities;
(C) identifies the population and service area or areas to be served by such plan;
(D) provides that a family receiving assistance under the plan may not receive duplicative assistance from other State or tribal programs funded under this part;
(E) identifies the employment opportunities in or near the service area or areas of the Indian tribe and the manner in which the Indian tribe will cooperate and participate in enhancing such opportunities for recipients of assistance under the plan consistent with any applicable State standards; and
(F) applies the fiscal accountability provisions of section 5(f)(1) of the Indian Self-Determination and Education Assistance Act ([25 U.S.C. 450c(f)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section450c/f/1&num=0&edition=prelim)),11 See References in Text note below. relating to the submission of a single-agency audit report required by chapter 75 of title 31.
(2) **Approval** — The Secretary shall approve each tribal family assistance plan submitted in accordance with paragraph (1).
(3) **Consortium of tribes** — Nothing in this section shall preclude the development and submission of a single tribal family assistance plan by the participating Indian tribes of an intertribal consortium.
**(c) Minimum work participation requirements and time limits** The Secretary, with the participation of Indian tribes, shall establish for each Indian tribe receiving a grant under this section minimum work participation requirements, appropriate time limits for receipt of welfare-related services under the grant, and penalties against individuals—
(1) consistent with the purposes of this section;
(2) consistent with the economic conditions and resources available to each tribe; and
(3) similar to comparable provisions in [section 607(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section607/e&num=0&edition=prelim).
**(d) Emergency assistance** Nothing in this section shall preclude an Indian tribe from seeking emergency assistance from any Federal loan program or emergency fund.
**(e) Accountability** Nothing in this section shall be construed to limit the ability of the Secretary to maintain program funding accountability consistent with—
(1) generally accepted accounting principles; and
(2) the requirements of the Indian Self-Determination and Education Assistance Act ([25 U.S.C. 450](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section450&num=0&edition=prelim) et seq.).1
**(f) Eligibility for Federal loans** [Section 606 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section606&num=0&edition=prelim) shall apply to an Indian tribe with an approved tribal assistance plan in the same manner as such section applies to a State, except that [section 606(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section606/c&num=0&edition=prelim) shall be applied by substituting “section 612(a)” for “section 603(a)”.
**(g) Penalties**
(1) Subsections (a)(1), (a)(6), (b), and (c) of [section 609 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section609&num=0&edition=prelim), shall apply to an Indian tribe with an approved tribal assistance plan in the same manner as such subsections apply to a State.
(2) [Section 609(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section609/a/3&num=0&edition=prelim) shall apply to an Indian tribe with an approved tribal assistance plan by substituting “meet minimum work participation requirements established under [section 612(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section612/c&num=0&edition=prelim)” for “comply with [section 607(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section607/a&num=0&edition=prelim)”.
**(h) Data collection and reporting** [Section 611 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section611&num=0&edition=prelim) shall apply to an Indian tribe with an approved tribal family assistance plan.
**(i) Special rule for Indian tribes in Alaska**
(1) **In general** — Notwithstanding any other provision of this section, and except as provided in paragraph (2), an Indian tribe in the State of Alaska that receives a tribal family assistance grant under this section shall use the grant to operate a program in accordance with requirements comparable to the requirements applicable to the program of the State of Alaska funded under this part. Comparability of programs shall be established on the basis of program criteria developed by the Secretary in consultation with the State of Alaska and such Indian tribes.
(2) **Waiver** — An Indian tribe described in paragraph (1) may apply to the appropriate State authority to receive a waiver of the requirement of paragraph (1).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Subject to this section:
(1) **Use of grant in violation of this part**
(A) *General penalty* — If an audit conducted under chapter 75 of title 31 finds that an amount paid to a State under [section 603 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section603&num=0&edition=prelim) for a fiscal year has been used in violation of this part, the Secretary shall reduce the grant payable to the State under [section 603(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section603/a/1&num=0&edition=prelim) for the immediately succeeding fiscal year quarter by the amount so used.
(B) *Enhanced penalty for intentional violations* — If the State does not prove to the satisfaction of the Secretary that the State did not intend to use the amount in violation of this part, the Secretary shall further reduce the grant payable to the State under [section 603(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section603/a/1&num=0&edition=prelim) for the immediately succeeding fiscal year quarter by an amount equal to 5 percent of the State family assistance grant.
(C) *Penalty for misuse of competitive welfare-to-work funds* — If the Secretary of Labor finds that an amount paid to an entity under [section 603(a)(5)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section603/a/5/B&num=0&edition=prelim) has been used in violation of subparagraph (B) or (C) of [section 603(a)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section603/a/5&num=0&edition=prelim), the entity shall remit to the Secretary of Labor an amount equal to the amount so used.
(2) **Failure to submi
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** An individual convicted (under Federal or State law) of any offense which is classified as a felony by the law of the jurisdiction involved and which has as an element the possession, use, or distribution of a controlled substance (as defined in [section 802(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section802/6&num=0&edition=prelim)) shall not be eligible for—
(1) assistance under any State program funded under part A of title IV of the Social Security Act [[42 U.S.C. 601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section601&num=0&edition=prelim) et seq.], or
(2) benefits under the supplemental nutrition assistance program (as defined in section 3 of the Food and Nutrition Act of 2008 ([7 U.S.C. 2012](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2012&num=0&edition=prelim))) or any State program carried out under that Act [[7 U.S.C. 2011](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2011&num=0&edition=prelim) et seq.].
**(b) Effects on assistance and benefits for others**
(1) **Program of temporary assistance for needy families** — The amount of assistance otherwise required to be provided under a State program funded under part A of title IV of the Social Security Act [[42 U.S.C. 601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section601&num=0&edition=prelim) et seq.] to the family members of an individual to whom subsection (a) applies shall be reduced by the amount which would have otherwise been made available to the individual under such part.
(2) **Benefits under the Food and Nutrition Act of 2008** — The amount of benefits otherwise required to be provided to a household under the sup
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Mandatory application** All provisions of sections 5305(b), 5306, 5307, 5321(c) and (d), 5323, 5324(k) and (l), 5325(a) through (k), and 5332 of this title and section 314 of Public Law 101–512 (coverage under chapter 171 of title 28, commonly known as the “Federal Tort Claims Act”), to the extent not in conflict with this subchapter, shall apply to compacts and funding agreements authorized by this subchapter.
**(b) Discretionary application** At the request of a participating Indian tribe, any other provision of subchapter I of this chapter, to the extent such provision is not in conflict with this subchapter, shall be made a part of a funding agreement or compact entered into under this subchapter. The Secretary is obligated to include such provision at the option of the participating Indian tribe or tribes. If such provision is incorporated it shall have the same force and effect as if it were set out in full in this subchapter. In the event an Indian tribe requests such incorporation at the negotiation stage of a compact or funding agreement, such incorporation shall be deemed effective immediately and shall control the negotiation and resulting compact and funding agreement.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** As used in this part, the term “eligible State” means, with respect to a fiscal year, a State that, during the 27-month period ending with the close of the 1st quarter of the fiscal year, has submitted to the Secretary a plan that the Secretary has found includes the following:
(1) **Outline of family assistance program**
(A) *General provisions* — A written document that outlines how the State intends to do the following:
(i) Conduct a program, designed to serve all political subdivisions in the State (not necessarily in a uniform manner), that provides assistance to needy families with (or expecting) children and provides parents with job preparation, work, and support services to enable them to leave the program and become self-sufficient.
(ii) Require a parent or caretaker receiving assistance under the program to engage in work (as defined by the State) once the State determines the parent or caretaker is ready to engage in work, or once the parent or caretaker has received assistance under the program for 24 months (whether or not consecutive), whichever is earlier, consistent with [section 607(e)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section607/e/2&num=0&edition=prelim).
(iii) Ensure that parents and caretakers receiving assistance under the program engage in work activities in accordance with [section 607 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section607&num=0&edition=prelim).
(iv) Take such reasonable steps as the State deems necessary to restrict the use and disclosure of information about individuals and families receiving assistance under the program attributable to funds provided by the Federal Government.
(v) Establi
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 602
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Loan authority**
(1) **In general** — The Secretary shall make loans to any loan-eligible State, for a period to maturity of not more than 3 years.
(2) **Loan-eligible State** — As used in paragraph (1), the term “loan-eligible State” means a State against which a penalty has not been imposed under [section 609(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section609/a/1&num=0&edition=prelim).
**(b) Rate of interest** The Secretary shall charge and collect interest on any loan made under this section at a rate equal to the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the period to maturity of the loan.
**(c) Use of loan** A State shall use a loan made to the State under this section only for any purpose for which grant amounts received by the State under [section 603(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section603/a&num=0&edition=prelim) may be used, including—
(1) welfare anti-fraud activities; and
(2) the provision of assistance under the State program to Indian families that have moved from the service area of an Indian tribe with a tribal family assistance plan approved under [section 612 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section612&num=0&edition=prelim).
**(d) Limitation on total amount of loans to State** The cumulative dollar amount of all loans made to a State under this section during fiscal years 1997 through 2003 shall not exceed 10 percent of the State family assistance grant.
**(e) Limitation on total amount of outstanding loans** The total dollar amount of loans outstanding under this section may not exceed $1,
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The purpose of this part is to increase the flexibility of States in operating a program designed to—
(1) provide assistance to needy families so that children may be cared for in their own homes or in the homes of relatives;
(2) end the dependence of needy parents on government benefits by promoting job preparation, work, and marriage;
(3) prevent and reduce the incidence of out-of-wedlock pregnancies and establish annual numerical goals for preventing and reducing the incidence of these pregnancies; and
(4) encourage the formation and maintenance of two-parent families.
**(b) No individual entitlement** This part shall not be interpreted to entitle any individual or family to assistance under any State program funded under this part.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 458aaa–18 was editorially reclassified as [section 5399 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5399&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 458ccc was editorially reclassified as [section 5411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5411&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 450c
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Quarterly reports by States**
(1) **General reporting requirement**
(A) *Contents of report* — Each eligible State shall collect on a monthly basis, and report to the Secretary on a quarterly basis, the following disaggregated case record information on the families receiving assistance under the State program funded under this part (except for information relating to activities carried out under [section 603(a)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section603/a/5&num=0&edition=prelim)) or any other State program funded with qualified State expenditures (as defined in [section 609(a)(7)(B)(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section609/a/7/B/i&num=0&edition=prelim)):
(i) The county of residence of the family.
(ii) Whether a child receiving such assistance or an adult in the family is receiving—
(I) Federal disability insurance benefits;
(II) benefits based on Federal disability status;
(III) aid under a State plan approved under subchapter XIV (as in effect without regard to the amendment made by section 301 of the Social Security Amendments of 1972);
(IV) aid or assistance under a State plan approved under subchapter XVI (as in effect without regard to such amendment) by reason of being permanently and totally disabled; or
(V) supplemental security income benefits under subchapter XVI (as in effect pursuant to such amendment) by reason of disability.
(iii) The ages of the members of such families.
(iv) The number of individuals in the family, and the relation of each family member to the head of the family.
(v) The employment status and earnings of the employed adult in the family.
(vi) The marita
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Grants**
(1) **Family assistance grant**
(A) *In general* — Each eligible State shall be entitled to receive from the Secretary, for each of fiscal years 2017 and 2018, a grant in an amount equal to the State family assistance grant.
(B) *State family assistance grant* — The State family assistance grant payable to a State for a fiscal year shall be the amount that bears the same ratio to the amount specified in subparagraph (C) of this paragraph (as in effect just before February 22, 2012), reduced by the percentage specified in [section 613(h)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section613/h/1&num=0&edition=prelim) with respect to the fiscal year, as the amount required to be paid to the State under this paragraph (as so in effect) for fiscal year 2002 (determined without regard to any reduction pursuant to section 609 or 612(a)(1) of this title) bears to the total amount required to be paid under this paragraph for fiscal year 2002 (as so determined).
(C) *Appropriation* — Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated for each of fiscal years 2017 and 2018 $16,566,542,000 for grants under this paragraph.
(2) **Healthy marriage promotion and responsible fatherhood grants**
(A) *In general*
(i) *Use of funds* — Subject to subparagraphs (B), (C), and (E), the Secretary may use the funds made available under subparagraph (D) for the purpose of conducting and supporting research and demonstration projects by public or private entities, and providing technical assistance to States, Indian tribes and tribal organizations, and such other entities as the Secretary may specify that are receiving a grant under another provision of this part.
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