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

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

**(a) In general** (1) **No assistance for families without a minor child** — A State to which a grant is made under [section 603 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section603&num=0&edition=prelim) 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 paragraph (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 determines 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section654/29&num=0&edition=prelim), 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 certain support rights to the State** — A State to which a grant is made under [section 603 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section603&num=0&edition=prelim) shall require, as a condition of paying assistance to a family under the State program funded under this part, that a member of the fa

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Source location: Title 42, Chapter 7, § 608; chapter-007-social-security.md

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**(a) In general** (1) **No assistance for families without a minor child** — A State to which a grant is made under [section 603 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section603&num=0&edition=prelim) 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 paragraph (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 determines 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section654/29&num=0&edition=prelim), 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 certain support rights to the State** — A State to which a grant is made under [section 603 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section603&num=0&edition=prelim) shall require, as a condition 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 family 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 [section 603 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section603&num=0&edition=prelim) shall not use any part of the grant to provide assistance to an individual 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 education (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section603&num=0&edition=prelim) 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 minor child referred to in clause (ii)(II) do not reside in a place of residence maintained by a parent, legal guardian, or other adult relative of the individual as such parent’s, guardian’s, or adult relative’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 described in clause (ii), the State agency referred to in [section 602(a)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section602/a/4&num=0&edition=prelim) shall provide, or assist the individual in locating, a second chance home, maternity home, or other appropriate adult-supervised supportive living arrangement, taking into consideration the needs and concerns of the individual, unless the State agency determines that the individual’s current living arrangement is appropriate, and thereafter shall require that the individual and the minor child referred to in subparagraph (A)(ii)(II) reside in such living arrangement as a condition of the continued receipt of assistance under the State program funded under this part attributable to funds provided by the Federal Government (or in an alternative appropriate arrangement, should circumstances change and the current arrangement 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 relative described in subclause (II) of his or her own who is living or whose whereabouts 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 serious 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 individual and the minor child lived in the same residence with the individual’s own parent or legal guardian; or (IV) the State agency otherwise determines that it is in the best interest of the minor child to waive the requirement 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 entity that provides individuals described in clause (ii) with a supportive and supervised living arrangement in which such individuals are required to learn parenting skills, including child development, family budgeting, health and nutrition, and other skills to promote their long-term economic 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section603&num=0&edition=prelim) shall not use any part of the grant to provide medical services. (B) *Exception for prepregnancy family planning 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section603&num=0&edition=prelim) shall not use any part of the grant to provide assistance to a family that includes an adult who has received 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 paragraph. (B) *Minor child exception* — In determining the number of months for which an individual who is a parent or pregnant has received assistance under the State program funded under this part, the State shall disregard any month for which such assistance was provided with respect to the individual and during which the individual was— (i) a minor child; and (ii) not the head of a household or married 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 individual who has been battered or subjected 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 the average monthly number of families to which assistance is provided under the State program funded under this part during the fiscal year or the immediately preceding 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 subjected 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 dependent child; (IV) being forced as the caretaker relative 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 received 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 Alaskan 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1151&num=0&edition=prelim). (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 prohibit any State from expending State funds not originating with the Federal Government 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section603/a/5&num=0&edition=prelim) shall not be considered a grant made under [section 603 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section603&num=0&edition=prelim), and noncash assistance from 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) 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 [section 603 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section603&num=0&edition=prelim) shall not use any part of the grant to provide cash assistance to an individual during the 10-year period that begins on the date the individual is convicted in Federal or State court of having made a fraudulent 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2011&num=0&edition=prelim) et seq.], or benefits in 2 or more States under the supplemental security income program under subchapter XVI. The preceding sentence shall not apply with respect to a conviction of an individual, for any month beginning 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section603&num=0&edition=prelim) shall not use any part of the grant to provide assistance to any individual who is— (i) fleeing to avoid prosecution, or custody 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 individual flees, or which, in the case of the State of New Jersey, is a high misdemeanor 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 enforcement agencies* — If a State to which a grant is made under [section 603 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section603&num=0&edition=prelim) establishes safeguards against the use or disclosure of information about applicants or recipients of assistance under the State program funded under this part, the safeguards shall not prevent the State agency administering the program from furnishing a Federal, State, or local law enforcement officer, upon the request 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 duties of the officer; and (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 significant period** (A) *In general* — A State to which a grant is made under [section 603 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section603&num=0&edition=prelim) 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 period 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section602&num=0&edition=prelim). (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section602&num=0&edition=prelim). (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section603&num=0&edition=prelim) shall not use any part of the grant to provide assistance for an individual who is a parent (or other caretaker relative) of a minor child and who fails to notify the agency administering the State program funded under this part of the absence of the minor child from the home for the period specified in or provided for pursuant 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section603&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396u–1/b/1/A&num=0&edition=prelim) for purposes of subchapter XIX) as receiving aid under a State plan approved under this part (as in effect on July 16, 1996), that would become ineligible for such aid because of hours of or income from employment of the caretaker relative (as defined under this part as in effect on such date) or because of [section 602(a)(8)(B)(ii)(II) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section602/a/8/B/ii/II&num=0&edition=prelim) (as so in effect), 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 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396r–6/a/2&num=0&edition=prelim). (B) *Child support* — A State to which a grant is made under [section 603 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section603&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396u–1/b/1/A&num=0&edition=prelim) for purposes of subchapter XIX) as receiving aid under a State plan approved under this part (as in effect on July 16, 1996), that would become ineligible 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 subchapter XIX for an extended period or periods as provided in [section 1396u–1(c)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396u–1/c/1&num=0&edition=prelim). (12) **State requirement to prevent unauthorized spending of benefits** (A) *In general* — A State to which a grant is made under [section 603 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section603&num=0&edition=prelim) shall maintain policies 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 gaming establishment; or (iii) any retail establishment which provides 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 retail 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2012/r&num=0&edition=prelim))).11 See References in Text note below. (ii) *Casino, gambling casino, or gaming establishment* — The terms “casino”, “gambling casino”, and “gaming establishment” do not include— (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, gambling, or gaming activities; or (II) any other establishment that offers casino, gambling, or gaming activities incidental to the principal purpose of the business. (iii) *Electronic benefit transfer transaction* — The term “electronic benefit transfer transaction” means the use of a credit or debit card service, automated teller machine, 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 administering the State program funded under this part shall make an initial assessment of the skills, prior work experience, and employability of each recipient of assistance under the program who— (A) has attained 18 years of age; or (B) has not completed high school or obtained a certificate of high school equivalency, 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 responsibility plan for the individual, which— (i) sets forth an employment goal for the individual and a plan for moving the individual immediately into private sector employment; (ii) sets forth the obligations of the individual, which may include a requirement that the individual attend school, maintain certain grades and attendance, keep school age children of the individual in school, immunize children, attend parenting and money management classes, or do other things that will help the individual become and remain employed in the private sector; (iii) to the greatest extent possible is designed to move the individual into whatever private sector employment the individual 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 individual will be able to obtain and keep employment in the private sector, and describe the job counseling and other services that will be provided by the State; and (v) may require the individual to undergo appropriate substance abuse treatment. (B) *Timing* — The State agency may comply with paragraph (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 assistance, 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 individual 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 subsection 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 family 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6101&num=0&edition=prelim) et seq.). (2) [Section 794 of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section794&num=0&edition=prelim). (3) The Americans with Disabilities Act of 1990 ([42 U.S.C. 12101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12101&num=0&edition=prelim) et seq.). (4) Title VI of the Civil Rights Act of 1964 ([42 U.S.C. 2000d](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000d&num=0&edition=prelim) 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 Responsibility and Work Opportunity Reconciliation Act of 1996 [[8 U.S.C. 1601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1601&num=0&edition=prelim) 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 determining whether the alien is eligible for assistance 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-employment, plus the full amount of any costs incurred by the sponsor and any such spouse in producing self-employment 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 family 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 Federal 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 determining the sponsor’s Federal personal income tax liability; and (iv) any payments of alimony or child support with respect to individuals not living 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 divided 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 eligibility 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 cooperation 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 provided 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 Attorney General under which any information available to them and required in order to make any determination under this subsection will be provided by them to the Secretary (who may, in turn, make the information 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 Immigration and Nationality Act [[8 U.S.C. 1183a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1183a&num=0&edition=prelim)]. (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 refugee under section 207 of the Immigration and Nationality Act [[8 U.S.C. 1157](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1157&num=0&edition=prelim)]; (B) paroled into the United States under section 212(d)(5) of such Act [[8 U.S.C. 1182(d)(5)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182/d/5&num=0&edition=prelim)] for a period of at least 1 year; or (C) granted political asylum by the Attorney General under section 208 of such Act [[8 U.S.C. 1158](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1158&num=0&edition=prelim)]. **(g) State required to provide certain information** Each State to which a grant is made under [section 603 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section603&num=0&edition=prelim) shall, at least 4 times annually 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 lawfully present in the United States.

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 862a — Denial of assistance and benefits for certain drug-related convictions

**(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

18 U.S.C. § 1151 — Indian country defined

Except as otherwise provided in sections 1154 and 1156 of this title, the term “Indian country”, as used in this chapter, means (a) all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation, (b) all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state, and (c) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same.

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 2011 — Congressional declaration of policy

It is declared to be the policy of Congress, in order to promote the general welfare, to safeguard the health and well-being of the Nation’s population by raising levels of nutrition among low-income households. Congress finds that the limited food purchasing power of low-income households contributes to hunger and malnutrition among members of such households. Congress further finds that increased utilization of food in establishing and maintaining adequate national levels of nutrition will promote the distribution in a beneficial manner of the Nation’s agricultural abundance and will strengthen the Nation’s agricultural economy, as well as result in more orderly marketing and distribution of foods. To alleviate such hunger and malnutrition, a supplemental nutrition assistance program is herein authorized which will permit low-income households to obtain a more nutritious diet through normal channels of trade by increasing food purchasing power for all eligible households who apply for participation.

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1551 — Immigration and Naturalization Service

There is created and established in the Department of Justice an Immigration and Naturalization Service.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 602 — Eligible States; State plan

**(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

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 655 — Payments to States

**(a) Amounts payable each quarter** (1) From the sums appropriated therefor, the Secretary shall pay to each State for each quarter an amount— (A) equal to the percent specified in paragraph (2) of the total amounts expended by such State during such quarter for the operation of the plan approved under [section 654 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section654&num=0&edition=prelim), (B) equal to the percent specified in paragraph (3) of the sums expended during such quarter that are attributable to the planning, design, development, installation or enhancement of an automatic data processing and information retrieval system (including in such sums the full cost of the hardware components of such system); and 11 So in original. The “; and” probably should be a comma. (C) equal to 66 percent of so much of the sums expended during such quarter as are attributable to laboratory costs incurred in determining paternity, and (D) equal to 66 percent of the sums expended by the State during the quarter for an alternative statewide system for which a waiver has been granted under [section 652(d)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section652/d/3&num=0&edition=prelim), but only to the extent that the total of the sums so expended by the State on or after July 16, 1998, does not exceed the least total cost estimate submitted by the State pursuant to [section 652(d)(3)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section652/d/3/C&num=0&edition=prelim) in the request for the waiver; except that no amount shall be paid to any State on account of amounts expended from amounts paid to the State under [section 658a of this title](ht

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 1161 — Bill Emerson National Hunger Fellows and Mickey Leland International Hunger Fellows

**(a) Short title** This section may be cited as the “Bill Emerson National Hunger Fellows and Mickey Leland International Hunger Fellows Program Act of 2008”. **(b) Definitions** In this subsection: 11 So in original. Probably should be “section:”. (1) **Director** — The term “Director” means the head of the Congressional Hunger Center. (2) **Fellow** — The term “fellow” means— (A) a Bill Emerson Hunger Fellow; or (B) Mickey Leland Hunger Fellow. (3) **Fellowship Programs** — The term “Fellowship Programs” means the Bill Emerson National Hunger Fellowship Program and the Mickey Leland International Hunger Fellowship Program established under subsection (c)(1). **(c) Fellowship Programs** (1) **In general** — There is established the Bill Emerson National Hunger Fellowship Program and the Mickey Leland International Hunger Fellowship Program. (2) **Purposes** (A) *In general* — The purposes of the Fellowship Programs are— (i) to encourage future leaders of the United States— (I) to pursue careers in humanitarian and public service; (II) to recognize the needs of low-income people and hungry people; (III) to provide assistance to people in need; and (IV) to seek public policy solutions to the challenges of hunger and poverty; (ii) to provide training and development opportunities for such leaders through placement in programs operated by appropriate organizations or entities; and (iii) to increase awareness of the importance of public service. (B) *Bill Emerson Hunger Fellowship Program* — The purpose of the Bill Emerson Hunger Fellowship Program is to address hunger and poverty in the United States. (C) *Mickey Leland Hunger Fellowship Program* — The purpose of the Mickey Leland Hunger Fellowship Program i

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 601 — Purpose

**(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

42 U.S.C. § 666 — Requirement of statutorily prescribed procedures to improve effectiveness of child support enforcement

**(a) Types of procedures required** In order to satisfy [section 654(20)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section654/20/A&num=0&edition=prelim), each State must have in effect laws requiring the use of the following procedures, consistent with this section and with regulations of the Secretary, to increase the effectiveness of the program which the State administers under this part: (1) (A) Procedures described in subsection (b) for the withholding from income of amounts payable as support in cases subject to enforcement under the State plan. (B) Procedures under which the income of a person with a support obligation imposed by a support order issued (or modified) in the State before January 1, 1994, if not otherwise subject to withholding under subsection (b), shall become subject to withholding as provided in subsection (b) if arrearages occur, without the need for a judicial or administrative hearing. (2) Expedited administrative and judicial procedures (including the procedures specified in subsection (c)) for establishing paternity and for establishing, modifying, and enforcing support obligations. The Secretary may waive the provisions of this paragraph with respect to one or more political subdivisions within the State on the basis of the effectiveness and timeliness of support order issuance and enforcement or paternity establishment within the political subdivision (in accordance with the general rule for exemptions under subsection (d)). (3) Procedures under which the State child support enforcement agency shall request, and the State shall provide, that for the purpose of enforcing a support order under any State plan approved under this part— (A) any refund of State income tax which would oth

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 6402 — Authority to make credits or refunds

**(a) General rule** In the case of any overpayment, the Secretary, within the applicable period of limitations, may credit the amount of such overpayment, including any interest allowed thereon, against any liability in respect of an internal revenue tax on the part of the person who made the overpayment and shall, subject to subsections (c), (d), (e), and (f), refund any balance to such person. **(b) Credits against estimated tax** The Secretary is authorized to prescribe regulations providing for the crediting against the estimated income tax for any taxable year of the amount determined by the taxpayer or the Secretary to be an overpayment of the income tax for a preceding taxable year. **(c) Offset of past-due support against overpayments** The amount of any overpayment to be refunded to the person making the overpayment shall be reduced by the amount of any past-due support (as defined in section 464(c) of the Social Security Act) owed by that person of which the Secretary has been notified by a State in accordance with section 464 of such Act. The Secretary shall remit the amount by which the overpayment is so reduced to the State collecting such support and notify the person making the overpayment that so much of the overpayment as was necessary to satisfy his obligation for past-due support has been paid to the State. The Secretary shall apply a reduction under this subsection first to an amount certified by the State as past due support under section 464 of the Social Security Act before any other reductions allowed by law. This subsection shall be applied to an overpayment prior to its being credited to a person’s future liability for an internal revenue tax. For purposes of this subsection, any reference to a State shall include a reference to any Indian t

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