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Administration for Children and Families US Department of Health and Human Services

OFFICE OF COMMUNITY SERVICES

DIVISION OF TRIBAL SERVICES


TANF Guidance


PART A: INTRODUCTION


BACKGROUND

On August 22, 1996 the President signed Public Law 104-193, the "Personal Responsibility and Work Opportunity Reconciliation Act of 1996". Public Law 104-193 contains nine titles and is comprehensive in its effect on federal programs. Title I amends title IV-A of the Social Security Act1 (the Act) and creates the Temporary Assistance for Needy Families (TANF) program. Title II creates revised eligibility standards for Supplemental Security Income (SSI). Title III makes changes to title IV-D of the Act to increase child support requirements on States and recipients, and make direct funding available to Indian tribes. Title IV establishes new restrictions on receipt of welfare and public benefits for non-citizens. Title V retains current law for titles IV-E and IV-B of the Act. Title VI consolidates the funding of the title IV-A child care programs with the Child Care Development Block Grant (CCDBG)into the Child Care Development Fund (CCDF). Title VII restructures several provisions of the School Nutrition Program. Title VIII retains the open entitlement structure of the Food Stamp Program, increases state flexibility and adds new work requirements. Title IX contains several miscellaneous provisions.


Public Law 105-33, the Balanced Budget Act of 1997, made some additional changes to title IV-A of the Social Security Act. This document reflects the pertinent changes.


The purpose of this document, "Tribal Guidance for the Temporary Assistance for Needy Families Program", is to provide program information, TANF plan content guidance, and a suggested plan outline for an application under title I, direct funding and administration of the TANF program by Indian tribes.


TANF PROGRAM

Title I of Pub.L. 104-193 amends part A of title IV of the Social Security Act by replacing the Aid to Families with Dependent Children (AFDC) program, the Job Opportunities and Basic Skills Training (JOBS) program and the Emergency Assistance (EA) program with the Temporary Assistance for Needy Families (TANF) program. Under the new part A of title IV of the Social Security Act, open ended funding and guaranteed individual entitlement to public assistance have been repealed. TANF gives both States and Federally recognized Indian tribes new flexibility in the design of welfare programs which promote work and responsibility and strengthen families. The purpose of the new law is to support programs designed to provide assistance to needy families so that children may be cared for in their own homes or in the homes of relatives; reduce dependency on public benefits by promoting job preparation, work, and marriage; prevent and reduce the incidence of out-of-wedlock pregnancies; and encourage the formation and maintenance of two-parent families. Thus, the new legislation provides both challenges and opportunities to help needy families.


TRIBAL TANF ELIGIBILITY

Federally recognized Indian tribes are eligible to apply for funding under section 412 of the Social Security Act, as amended by Pub.L. 104-193 to administer and operate their own TANF programs. Implementation of a Tribal TANF program may begin no earlier than July 1, 1997 and requires that eligible Indian tribes submit a three year Tribal TANF plan to the Secretary of the Department of Health and Human Services (HHS) through the Administration for Children and Families (ACF) for review and approval. Authority to apply for funding under this part continues through the year fiscal year 2002.

Special Rule for Alaska: Section 419(4)(B) limits the entities in the State of Alaska who may operate a TANF program. The Metlakatla Indian Community of the Annette Islands Reserve plus the twelve Alaska Native regional non-profits are the only eligible entities.

Under section 412(h) of the Act, unless waived by the State of Alaska, Alaska Native organizations operating a TANF program must use the grant in accordance with comparable requirements applicable to the State. Comparability will be established via program criteria established by the Secretary, the State of Alaska, and the appropriate Alaska Native organization.


1 All references in this document to the Act are references to the Social Security Act, unless otherwise noted.


PART B: TRIBAL TANF PLAN CONTENT AND PROCESS

PART C: PROGRAM INFORMATION AND CONSIDERATIONS

PART D: DATA COLLECTION AND REPORTING REQUIREMENTS

ATTACHMENT 1

ACF Regional Officials: Names and Addresses

ATTACHMENT 2


Section 412: Direct Funding and Administration by Indian Tribes
Section 419(a): Definitions

ATTACHMENT 3


Certifications


For further information, write:

Division of Tribal Services
370 L'Enfant Promenade
Washington, DC 20447
(202) 401-9214

Feedback: jbushman@acf.dhhs.gov

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