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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assistance have been repealed.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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