42 USC 607 - Mandatory work requirements

U.S Code last checked for updates: Nov 22, 2024

§ 607.

Mandatory work requirements

(a)

Participation rate requirements

(1)

All families

(2)

2-parent families

(b)

Calculation of participation rates

(1)

All families

(A)

Average monthly rate

(B)

Monthly participation rates

The participation rate of a State for all families of the State for a month, expressed as a percentage, is—

(i)

the number of families receiving assistance under the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 609(a)(7)(B)(i) of this title) that include an adult or a minor child head of household who is engaged in work for the month; divided by

(ii)

the amount by which—

(I)

the number of families receiving such assistance during the month that include an adult or a minor child head of household receiving such assistance; exceeds

(II)

the number of families receiving such assistance that are subject in such month to a penalty described in subsection (e)(1) but have not been subject to such penalty for more than 3 months within the preceding 12-month period (whether or not consecutive).

(2)

2-parent families

(A)

Average monthly rate

(B)

Monthly participation rates

(C)

Family with a disabled parent not treated as a 2-parent family

(3)

Pro rata reduction of participation rate due to caseload reductions not required by Federal law and not resulting from changes in State eligibility criteria

(A)

In general

The Secretary shall prescribe regulations for reducing the minimum participation rate otherwise required by this section for a fiscal year by the number of percentage points equal to the number of percentage points (if any) by which—

(i)

the average monthly number of families receiving assistance during the immediately preceding fiscal year under the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 609(a)(7)(B)(i) of this title) is less than

(ii)

the average monthly number of families that received assistance under any State program referred to in clause (i) during fiscal year 2005.

The minimum participation rate shall not be reduced to the extent that the Secretary determines that the reduction in the number of families receiving such assistance is required by Federal law.

(B)

Eligibility changes not counted

(4)

State option to include individuals receiving assistance under a tribal family assistance plan or tribal work program

(5)

State option for participation requirement exemptions

(c)

Engaged in work

(1)

General rules

(A)

All families

(B)

2-parent families

For purposes of subsection (b)(2)(B), an individual is engaged in work for a month in a fiscal year if—

(i)

the individual and the other parent in the family are participating in work activities for a total of at least 35 hours per week during the month, not fewer than 30 hours per week of which are attributable to an activity described in paragraph (1), (2), (3), (4), (5), (6), (7), (8), or (12) of subsection (d), subject to this subsection; and

(ii)

if the family of the individual receives federally-funded child care assistance and an adult in the family is not disabled or caring for a severely disabled child, the individual and the other parent in the family are participating in work activities for a total of at least 55 hours per week during the month, not fewer than 50 hours per week of which are attributable to an activity described in paragraph (1), (2), (3), (4), (5), (6), (7), (8), or (12) of subsection (d).

(2)

Limitations and special rules

(A)

Number of weeks for which job search counts as work

(i)

Limitation

(ii)

Limited authority to count less than full week of participation

(B)

Single parent or relative with child under age 6 deemed to be meeting work participation requirements if parent or relative is engaged in work for 20 hours per week

(C)

Single teen head of household or married teen who maintains satisfactory school attendance deemed to be meeting work participation requirements

For purposes of determining monthly participation rates under subsection (b)(1)(B)(i), a recipient who is married or a head of household and has not attained 20 years of age is deemed to be engaged in work for a month in a fiscal year if the recipient—

(i)

maintains satisfactory attendance at secondary school or the equivalent during the month; or

(ii)

participates in education directly related to employment for an average of at least 20 hours per week during the month.

(D)

Limitation on number of persons who may be treated as engaged in work by reason of participation in educational activities

(d)

“Work activities” defined

As used in this section, the term “work activities” means—

(1)

unsubsidized employment;

(2)

subsidized private sector employment;

(3)

subsidized public sector employment;

(4)

work experience (including work associated with the refurbishing of publicly assisted housing) if sufficient private sector employment is not available;

(5)

on-the-job training;

(6)

job search and job readiness assistance;

(7)

community service programs;

(8)

vocational educational training (not to exceed 12 months with respect to any individual);

(9)

job skills training directly related to employment;

(10)

education directly related to employment, in the case of a recipient who has not received a high school diploma or a certificate of high school equivalency;

(11)

satisfactory attendance at secondary school or in a course of study leading to a certificate of general equivalence, in the case of a recipient who has not completed secondary school or received such a certificate; and

(12)

the provision of child care services to an individual who is participating in a community service program.

(e)

Penalties against individuals

(1)

In general

Except as provided in paragraph (2), if an individual in a family receiving assistance under the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 609(a)(7)(B)(i) of this title) refuses to engage in work required in accordance with this section, the State shall—

(A)

reduce the amount of assistance otherwise payable to the family pro rata (or more, at the option of the State) with respect to any period during a month in which the individual so refuses; or

(B)

terminate such assistance,

subject to such good cause and other exceptions as the State may establish.

(2)

Exception

Notwithstanding paragraph (1), a State may not reduce or terminate assistance under the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 609(a)(7)(B)(i) of this title) based on a refusal of an individual to engage in work required in accordance with this section if the individual is a single custodial parent caring for a child who has not attained 6 years of age, and the individual proves that the individual has a demonstrated inability (as determined by the State) to obtain needed child care, for 1 or more of the following reasons:

(A)

Unavailability of appropriate child care within a reasonable distance from the individual’s home or work site.

(B)

Unavailability or unsuitability of informal child care by a relative or under other arrangements.

(C)

Unavailability of appropriate and affordable formal child care arrangements.

(f)

Nondisplacement in work activities

(1)

In general

(2)

No filling of certain vacancies

No adult in a work activity described in subsection (d) which is funded, in whole or in part, by funds provided by the Federal Government shall be employed or assigned—

(A)

when any other individual is on layoff from the same or any substantially equivalent job; or

(B)

if the employer has terminated the employment of any regular employee or otherwise caused an involuntary reduction of its workforce in order to fill the vacancy so created with an adult described in paragraph (1).

(3)

Grievance procedure

(4)

No preemption

(g)

Sense of Congress

(h)

Sense of Congress that States should impose certain requirements on noncustodial, nonsupporting minor parents

(i)

Verification of work and work-eligible individuals in order to implement reforms

(1)

Secretarial direction and oversight

(A)

Regulations for determining whether activities may be counted as “work activities”, how to count and verify reported hours of work, and determining who is a work-eligible individual

(i)

In general

Not later than June 30, 2006, the Secretary shall promulgate regulations to ensure consistent measurement of work participation rates under State programs funded under this part and State programs funded with qualified State expenditures (as defined in section 609(a)(7)(B)(i) of this title), which shall include information with respect to—

(I)

determining whether an activity of a recipient of assistance may be treated as a work activity under subsection (d);

(II)

uniform methods for reporting hours of work by a recipient of assistance;

(III)

the type of documentation needed to verify reported hours of work by a recipient of assistance; and

(IV)

the circumstances under which a parent who resides with a child who is a recipient of assistance should be included in the work participation rates.

(ii)

Issuance of regulations on an interim final basis

(B)

Oversight of State procedures

(2)

Requirement for States to establish and maintain work participation verification procedures

(Aug. 14, 1935, ch. 531, title IV, § 407, as added Pub. L. 104–193, title I, § 103(a)(1), Aug. 22, 1996, 110 Stat. 2129; amended Pub. L. 105–33, title V, §§ 5003(a), 5504, 5514(c), Aug. 5, 1997, 111 Stat. 594, 609, 620; Pub. L. 109–171, title VII, § 7102(a), (b)(1), (c)(1), Feb. 8, 2006, 120 Stat. 136; Pub. L. 111–5, div. B, title II, § 2101(b), (d)(2), Feb. 17, 2009, 123 Stat. 448, 449; Pub. L. 112–96, title IV, § 4005(b), Feb. 22, 2012, 126 Stat. 198; Pub. L. 118–5, div. C, title I, §§ 301, 303, June 3, 2023, 137 Stat. 34, 35.)

cite as: 42 USC 607