OMB Control No. 0970-0157. Expiration Date: XX/XX/XXXX
Tribal Temporary Assistance for Needy Families (TANF) Program GUIDANCE
Contents:
Part A: Background
Part B: Program Information and Considerations
Data Collection and Reporting Requirements Program Design, Operation, and Maintenance Coordination with the State and Other Tribes Penalties
Part C: Tribal TANF Letter of Intent and TANF Plan
Letter of Intent Plan Content Inquiries
Part D: Data Collection and Reporting Requirements
Referenced Documents Available Online: Tribal TANF Plan Requirements
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 tribes under the Public Law 104-193, the "Personal Responsibility and Work Opportunity Reconciliation Act of 1996", as amended. Public Law 104-193 was signed into law on August 22, 1996. It contains nine titles and is comprehensive in its effect on federal programs:
Title I amends Title IV-A of the Social Security Act (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 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.
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 part A of title IV of the Social Security Act, open ended funding and guaranteed individual entitlement to public assistance were repealed. TANF gives both states and federally recognized tribes flexibility in the design of welfare programs, which promote work, responsibility, and families. The purpose of the 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.
Federally recognized 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 Tribal TANF programs was authorized beginning July 1, 1997. Eligible tribes are required to submit a 3-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.
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 12 Alaska Native regional non-profits are the only eligible entities. Under section 412(i) 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 is established via program criteria established by the Secretary in consultation with the State of Alaska, and the appropriate Alaska Native organization.
Tribes are encouraged to use the TANF planning process to consider and address important questions in consultation with members of the tribe, other interested parties including the business and social services community in and near the tribal service area, and representatives from appropriate federal and state agencies. These discussions and consultations should cover both the areas the statute specifies to be included in the Tribal TANF plan as well as various significant issues and concerns that are closely related to creating and operating a temporary assistance program whose primary goals include helping families achieve economic independence. In this Part, we offer suggestions that are not intended to be inclusive, but may serve as a useful guide in the tribe's planning and decision-making activities.
The statute provides that for each fiscal year, a tribe that has an approved TANF plan receives an amount equal to the federal share (including administration expenditures, which may include systems costs) of all expenditures (other than child care expenditures) by the state or states under the AFDC and Emergency Assistance (title IV-A) and JOBS (title IV-F) programs for fiscal year (FY) 1994 for Indian families residing in the service area(s) identified in the letter of intent and/or Tribal TANF plan. For tribes, which operated a tribal JOBS program in FY 1994, the state title IV-F expenditures used in the calculation would be for expenditures made on behalf of non-member Indians and non-Indians living in the designated TANF service area(s), if either or both are part of the service population. Any expenditures by the state for tribal members who were served by the state JOBS program are also included in the determination. The data used to make the determination of a Tribal TANF grant amount is submitted by the state. Section 412(a)(1)(B) of the Act describes the data that are used to determine the amount of a Tribal TANF grant. Additional guidance is provided in 45 CFR § 286.20. As noted above, the formula used to determine Tribal TANF grants includes only federal payments; state matching payments are not used.
Once an acceptable letter of intent that contains the proposed service area and population to be served is received, ACF officially requests from the state the data needed to determine the amount of the Tribal TANF grant. The letter to the state requesting the data asks that the state send a copy of the response to the tribe as well as to ACF. If the tribe agrees with the data provided by the state, it must submit a letter of concurrence to ACF.
If the tribe disagrees, it may enter into negotiations with the state to establish data which it believes is correct.
Under 412(a)(1)(B)(ii)(II) of the Act, if after negotiation the tribe still does not agree with the data, it may submit additional information that may be relevant to the determination of the grant amount along with a letter asking the Secretary to make a determination. This letter should be sent to your ACF Regional Office and to ACF's Division of Tribal TANF Management (see Regional Program Managers for the addresses).
Guidance regarding resolution of state and tribal disagreements over the state-submitted caseload and expenditure data used to establish the amount of a Tribal Family Assistance Grant is also provided in TANF-ACF-PI-2008-3.
Pursuant to section 412(h) of the Act, tribes that operate a TANF program have to meet the data collection and reporting requirements as specified in section 411 of title IV-A, as amended. Section 411(a)(1)(A) contains a list of the items that must be reported to the Secretary on a quarterly basis. One of the uses of the data submitted on the reports is the determination as to whether a tribe has met its required work participation requirement.
Complete requirements in the area of data collection and reporting for Tribal TANF are found in the Tribal TANF final regulations at 45 CFR Part 286. The regulations address data elements; data sampling methodology and plans; and methods for submitting data. Data should be submitted by electronic transmission, per OGM- AT-13-01.
The requirements for the Tribal TANF Annual Report are found at 45 CFR 286.275.
Adoption of a Tribal TANF Program means that the tribe assumes the role of providing temporary assistance to some needy families in lieu of the state. The state will no longer have responsibility for the provision of assistance to needy families served by a Tribal TANF program.
Issues related to the operation and maintenance of a cash assistance program are varied. For example, staff must be available to assist Tribal TANF recipients with issues arising from receipt of assistance.
Another area of administration that is important for the operation of a TANF program is the development and maintenance of procedural manuals and documents outlining the structure, procedures and policies to be used to determine initial eligibility for TANF, as well as continued eligibility once the household has been determined eligible for TANF.
Exclusions of certain income when determining eligibility will be established by each TANF plan on a negotiated basis. The plan should list the tribe's proposed exclusions and, where necessary, provide justification.
The development of administrative systems that provide for effective implementation of welfare-related services and tracking of program requirements, such as issuance of benefits, time on assistance, and work requirements, is also an important part of the operation of a Tribal TANF program. These systems may be developed either by the tribe itself or through any agreements, contracts, or compacts the tribe may enter into.
Additionally, there are other issues involved in operating a cash assistance program. These considerations include:
Size of the population to be served by the Tribal TANF program, and the amount of funds available to serve that population.
Will TANF services be provided to both single and two parent households?
Will the program provide assistance to "Child Only" cases?
Amount of any TANF cash assistance to be provided to needy families. Will payment amounts be a flat TANF amount or be based on the size of the household?
How will income and earnings be regarded?
Will allowable per capita distributions be considered as income counted against the TANF grant?
Will child support payments received by the TANF household be disregarded when determining the amount of the household’s TANF benefits?
Please see 45 C.F.R. § 286.75 (a)(8) and 286.155 for additional guidance.
How will education loans for students in the household attending school be treated?
How will resources/assets (other than income) be regarded? Resources include such items as receipt of a lump sum, discretionary income in savings or checking accounts, and equity in vehicles.
Will a resource limit be considered as part of the eligibility determination process?
What resources will be counted and which will be excluded?
Some items must be disregarded in the calculation of cash assistance grants. These are generally the result of treaties entered into between the United States and individual tribes, or the result of other statutes enacted into law.
How will the tribe deal with "legal disregards of income and resources" in the calculation of the benefit level?
Associated with the above issues is the verification of income and resources.
Will a self-declaration of income and resources be adequate?
Will you need to establish a system to verify income and resources that involves contacting other organizations, including: the State Unemployment/Employment Program, the Social Security Administration, employers, local banks and credit unions, State lottery boards, the Internal Revenue Service, the State Department of Taxation, and/or other sources of income and financial information?
How will interaction with the state or tribal agency responsible for child support enforcement be accomplished?
How will the Tribal TANF program fulfill its responsibilities to provide client information to other sources (for example state agencies and other tribes with TANF programs) on matters related to time limits and work history?
How will overpayments and underpayments be managed? When an overpayment occurs, will an account receivable be established and tracked and a recovery pursued?
How will TANF complement the tribe's BIA General Assistance (GA) system?
How will the reporting and cash management requirements of TANF be met?
We strongly encourage coordination with the state and with other tribes. Coordination can take many forms; some (not all) of these are listed below:
The tribe's decision as to whether:
to operate its own TANF program;
If so, the request to the state needs to be made for client data and expenditures in FY 1994 for the tribal service population and the tribal service area (see below).
not to operate its own TANF Program and be served by the state's TANF program;
not to operate its own TANF Program, but be served by another tribe's TANF program; or
to operate its own tribal JOBS (also known as “Native Employment Works”) Program (for those operating the program in FY 1994), and be served by either the state or other Tribal TANF program. If so, assuring coordination between the work requirements of the state/other Tribal TANF program and the goals and objectives of the Tribal JOBS program will be essential.
Assuring continued Medicaid and Supplemental Nutrition Assistance Program services to tribal members from the state agency administering these programs.
Arranging for information exchange on Tribal TANF members moving into the state's TANF service area or into another Tribal TANF service area, such as exchanging information on the individual's duration of TANF assistance in either the state or tribal TANF area.
Assuring a means of exchanging information on issues related to child support enforcement.
Assuring there is sufficient coordination to ensure there is no duplication of benefits and/or services provided to an assistance unit among the state and tribal programs.
Developing the scope of memoranda of agreement as to various issues of mutual interest to the state and the tribe in the operation of TANF programs.
Tribes with approved Tribal TANF plans are subject to certain penalties:
A tribe, which uses the TANF grant in violation of Part IV-A of the Act is subject to a penalty in an amount equal to the amount misused. There is also an enhanced penalty if the tribe cannot show that the violation was unintentional.
A tribe that fails to meet its established work participation rates is subject to a penalty in an amount equal to a percentage of its Tribal Family Assistance grant.
A tribe that fails to repay a loan in violation of 45 CFR 286.195(a)(4), is subject to the penalty outlined in that section.
Section 408(d) of the Act states that the following provisions of law apply to any program or activity funded with Federal TANF funds:
The Age Discrimination Act of 1975
Section 504 of the Rehabilitation Act of 1973
The Americans with Disabilities Act of 1990
Title VI of the Civil Rights Act of 1964 and/or the American Indian Civil Rights Act of 1968
According to the regulations (45 C.F.R. § 286.160) and statute, a tribe is eligible to implement a TANF program any time after July 1, 1997, after the submission of an acceptable letter of intent to administer a TANF program and the submission and approval of a Tribal TANF plan. This flexibility allows every tribe the opportunity for sufficient planning and to see how state TANF programs operate and function.
A tribe will be able to implement a Tribal TANF program on the first day of any month once all requirements are met and the program is approved. Letters of intent to administer a program and plans need to be submitted according to the table below to allow adequate time for the review, negotiation and approval process.
Adequate time is also needed to request the data needed to:
determine the amount of the Tribal TANF grant;
resolve any issues concerning the data; and
satisfy the requirement at section 405(b) of the Act which requires that a state be notified of the amount of any reduction in its TANF grant due to a Tribal TANF grant.
The notification to the state must be made 3 months prior to the issuance of the state's quarterly grant award installment.
To accomplish these tasks, a tribe must submit a letter of intent prior to the submission of a formal plan in accordance with the table below. The formal plan may be submitted while data is still being negotiated, but any changes to the service area or population that occurs during the data negotiation must be reflected in the final version of the plan.
A tribe should negotiate and coordinate with the state agency to determine the case transfer process, participant notification procedures as well as when the tribe is expected to begin program operation, including taking on new cases.
The letter of intent will allow us to request the necessary data from the state without a formal plan submittal. The letter of intent should indicate the proposed Tribal TANF implementation date and the proposed service area and population. Clearly identify the proposed service area and population in the letter of intent for purposes of requesting the necessary data from the state. Any subsequent changes in the service area and/or population before the Tribal TANF plan is approved may necessitate recalculation of the Tribal TANF grant.
Tribes who wish to implement a TANF program on the first day of a month that does not begin a calendar quarter, i.e., January 1, April 1, July 1 or October 1, will need to submit both its letter of intent and its plan as if the proposed implementation date was the first day of a calendar quarter. The following table illustrates, based on implementation dates, when letters of intent and formal plans need to be submitted in order for us to meet the statutory requirement for notification to the state.
Tribes should follow the timeframes in the following table to determine when Tribal TANF plans and letters are due.
If proposed implementation date is: |
the letter of intent is due: |
the formal plan is due: |
and we will notify the state: |
January 1, February 1 or March 1 |
July 1 of previous year |
September 1 of previous year |
prior to October 1 of previous year |
April 1, May 1 or June 1 |
October 1 of previous year |
December 1 of previous year |
prior to January 1 of same year |
July 1, August 1 or September 1 |
January 1 of same year |
March 1 of same year |
prior to April 1 of same year |
October 1, November 1 or December 1 |
April 1 of same year |
June 1 of same year |
prior to July 1 of same year |
It is important that the Tribal TANF plan submittal indicate the date the tribe wishes to implement the program. The original Tribal TANF plan must be submitted to the appropriate ACF Regional office (see Regional Program Managers for names and addresses). The final, approved, version of the submission package must be submitted electronically.
ACF staff will notify the tribe to confirm receipt and begin the review process. A cover letter attached to the plan should identify a contact person (name, position, and telephone number) whom ACF staff may call if additional information or clarification is needed. After the initial review of the plan, a conference call may be scheduled between the tribe and ACF to discuss any outstanding issues. Every effort will be made to complete the review process and resolve any issues as quickly as possible.
The contents of a Tribal TANF plan must include all the elements delineated at Section 412(b) of title IV-A of the Act, as amended by Pub. L. 104-193 and 45 CFR Part 286, and cover a 3-year period. The Tribal TANF Plan may also be amended at any time during the 3-year period pursuant to the timeline and process at 45 CFR § 286.165.
Although a specific format is not required, we ask that a Tribal TANF plan address each of the following elements under clearly marked headings. We also ask that all plan pages be numbered. Under section 412(b) of the Act the Tribal TANF plan must do the following:
Outline the Indian tribe's approach to providing welfare-related services;
Specify whether the welfare-related services will be provided directly by the tribe or through agreements, contracts or compacts with intertribal consortia, states, or other entities;
Identify the population and service area to be served;
Provide that families receiving assistance under the Tribal plan may not receive duplicative assistance from a state or other tribe;
Identify the employment opportunities in or near the service area and the manner in which the tribe will cooperate and enhance such opportunities for recipients consistent with any applicable state standards; and
Apply the fiscal accountability provisions of section 5(f)(1) of the Indian Self-Determination Act (25 U.S.C. 5305(f)(1)), relating to the submission of a single-state agency audit report in accordance with 31 USC Chapter 75.
Section 412(c) of the Act requires the Secretary, with the participation of tribes, to establish for each tribal grantee:
minimum work participation requirements (identify by FY, not calendar year);
appropriate time limits for the receipt of welfare-related services; and
penalties against individuals.
Please see Tribal TANF Plan Requirements for guidance addressing all of the required plan elements listed in the Tribal TANF regulations.
The TANF program is about work, responsibility, and self-sufficiency for families. The Tribal TANF plan should identify the tribe's goals in relation to work and self-sufficiency for families and how these goals will be met by the tribal program. Successful program outcomes and what results will be measured should be considered for inclusion in the plan.
The plan should include a statement indicating how tribal members and others were involved in designing the TANF program and whether the public was given an opportunity to review and comment on the Tribal TANF plan. ACF requires the tribe make the plan available to tribal members and other interested parties for review and comment prior to the submission of the plan to ACF. Tribes may use traditional methods or established alternative tribal standards to provide public information and allow for community input relating to the development and content of the plan.
The plan must address how "needy families" will be defined. This includes a description of which family members will be included in the TANF assistance unit, as well as the tribe's definition of either "Indian family" or "Tribal member family." In addition, a description of the income (e.g., percentage of federal poverty level allowed) and resource levels, which will qualify a family for assistance must be included.
The plan must describe what assistance and services, including supportive services and child care, will be provided to needy families. Whether the assistance and services will be provided through cash, in-kind, vouchers, or through a combination must be indicated in the plan. Also, the plan needs to describe whether assistance and/or services will be provided (and for how long) to families who are working, transitioning from TANF because of work, and those who are no longer eligible for Tribal TANF assistance because of a mix of earned and unearned income (i.e., child support payments).
The plan must outline how the privacy of families will be protected. In addition, the process available to applicants and recipients to challenge decisions must be described in the plan (e.g., appeal process).
All original plan submissions must include the tribal resolution(s) supporting the Tribal TANF program and the plan. Plan renewals require new tribal resolutions if the following conditions are met:
The original resolution(s) had an expiration date, and
That expiration date has been reached or will be before or within the 3-year plan renewal term.
Additionally, all plan submissions require the SF-424B (assurances non-construction programs). The Administration for Children and Families General Terms and Conditions, Mandatory Formula, Block and Entitlement Grant Programs, which are agreed to by accepting funding, provide for the remaining required grant certifications and assurances (listed for review in Attachment 2) for a Tribal Family Assistance Grant. Please see 45 C.F.R. § 286.75 for additional detail on the Tribal TANF plan contents.
The Tribal TANF plan must indicate how the various welfare-related services will be provided – through the tribe itself, a consortium of tribes, or some other entity. If services will be provided by other entities, the plan should describe if this will be accomplished through agreements or contracts, or if the agreement is with inter-tribal consortia, through compacts.
We ask that the name of the tribal agency or department that will be responsible for the administration of the tribe's TANF program be provided in the plan. In addition, we suggest a brief discussion of the administrative structure of this unit, as well as the administrative systems that will be in place to provide and track welfare-related services, be included here.
A Tribal TANF plan must clearly define the tribe's proposed TANF service area and the population eligible to receive TANF related services (differentiates from General Assistance) from the tribe.
The Tribal TANF plan must provide that a family receiving assistance under the plan may not receive duplicative assistance from other state or tribal programs funded under title IV-A of the Social Security Act, as amended. Thus, an individual receiving assistance from a Tribal TANF program may not receive assistance from another TANF program.
We recommend the plan include a description of the mechanisms the tribe will use to assure that duplicative assistance is not given by the tribe or received by those being served by the tribe.
The Tribal TANF plan must describe the employment opportunities in and near the tribe's service area. In addition, the plan must describe how the tribe will cooperate to enhance such opportunities for TANF recipients.
The tribe must certify that it will apply the fiscal accountability provisions of section 5(f)(1) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5305(f)(1)), relating to the submission of a single-agency audit report required by chapter 75 of title 31, United States Code.
Expenditures Must Be Reasonably Calculated to Accomplish the Purposes of TANF
While operating a Tribal TANF program provides tribes flexibility to better serve tribal members, it is important to bear in mind that all expenditures need to be reasonably calculated to accomplish the purposes of TANF. Examples of these types of expenditures include, but are not limited to:
the provision to low-income households with assistance in meeting home heating and cooling costs;
assistance in economic development and job creation activities;
the provision of supportive services to assist needy families to prepare for, obtain, and retain employment;
the provision of supportive services to prevent of out-of-wedlock pregnancies; and
assistance in keeping families together.
Expenditures can also be items that were an authorized use of funds under the state plans for Parts A or F of title IV of the Social Security Act, as such parts were in effect on September 30, 1995.
The promotion of work is a primary focus of the Personal Responsibility and Work Opportunity Act of 1996 (PRWORA). Although Tribal TANF programs will not be subject to the same work requirements as specified for state programs (section 407), section 412(c) of the Act, as amended, does require minimum work participation requirements to be established for each Tribal TANF grantee. Additional guidance can be found in the regulations at 45 CFR 286.80.
Each tribe can request its own minimum work participation requirements through negotiation with ACF (45 CFR 286.80 (a)). The plan should indicate what minimum participation rates the tribe proposes (45 CFR 286.80 (b)(1)). The work participation rate (WPR) must be set out by fiscal year, not calendar year.
The rationale for each of these elements of the proposal needs to be included in the plan. For a Tribal TANF program, minimum work participation requirements must be:
consistent with the purposes of the TANF program;
consistent with the economic conditions and resources available to the tribe; and
similar to comparable provisions of the Act which apply to states.
Thus, the plan needs to explain how the tribe's proposed minimum work participation requirements meet these conditions.
In addition, the number of hours per week individuals must participate in work activities will also be established for each Tribal TANF plan through negotiation with ACF. The plan must indicate the minimum hours proposed by the tribe (45 CFR 286.80(b)(2)).
A tribe may elect to credit reasonable time to and from the work or training site in determining the hours of work participation (45 CFR 286.80 (b)(2)(i)). If this will be done, the tribe must make provision for it in the plan.
Tribes may establish their own allowable work activities, including, if desired, culturally relevant work activities (45 CFR 286.100 and 286.105).
Time limits and related standards will be established for each Tribal TANF plan through negotiation with ACF. The Tribal TANF plan should include the tribe's proposal for time limits for the receipt of welfare-related services and the rationale for this proposal. The tribal proposal should describe any exceptions from the time limits due to hardship. If exceptions are provided, then the proposal should indicate what percentage of the caseload the tribe proposes to exempt and the proposed definition of hardship.
The plan must explain how the proposed time limits are consistent with the purposes of the TANF program and with the economic conditions and resources available to the tribe. Please see 45 C.F.R. §§
286.115 – 286.130 for additional detail on time limits and what must be included in the Tribal TANF plan.
Up to 20 percent of the caseload may be exempted due to hardship. If the tribe intends to use this option, the plan must clearly define what will be considered causes for hardship exemption. Limited transitional services may be made available after time limits have been reached.
Section 408(a)(7) of the Act provides that a state may not use federal funds to provide assistance to any family that includes an adult who has received assistance for 60 months (whether or not consecutive) under any state program funded under title IV-A of the Act, as amended by Pub. L. 104-193. Under section 408(a)(7)(D), time during which assistance is received while residing in certain qualifying areas of Indian Country or Alaska Native villages (50 percent of adults not employed) would not count towards the 60-month lifetime limit. This provision is applicable to both state and tribal TANF programs.
Section 407(e) of the Act provides that the state must reduce either by a pro rata amount, or more at the state's option, the amount of assistance payable to the family, or terminate assistance if the parent/caretaker refuses to engage in required work activities without good cause (as defined by the state). Section 412(c)(3) of the Act requires penalties against individuals, which are similar to comparable provisions in section 407(e), be established for each Tribal TANF grantee.
The Tribal TANF plan should include the tribe's proposal for its policies in relation to sanctioning those individuals who refuse to engage in work activities. This includes how the tribe defines "good cause" and how the tribe will provide notice of adverse actions and what will be the TANF recipient's appeal rights.
These proposals need to be consistent with the purposes of TANF, consistent with the economic conditions and resources available to the tribe, and similar to comparable provisions in section 407(e). Please see 45 C.F.R. § 286.135 for additional information on what information must be included in the Tribal TANF plan.
Inquiries should be addressed to the appropriate ACF Regional Office (see Regional Program Managers
for addresses) and/or the Division of Tribal TANF Management.
Under the Paperwork Reduction Act of 1995 (Pub. L. 104-13), the Department is required to submit to the Office of Management and Budget (OMB) for review and approval any reporting and recordkeeping requirements or information collection.
The information in the Tribal TANF plan is collected in accordance with section 412 of the Social Security Act, as amended. Information received in the Tribal plans sets forth how the Tribal TANF program is administered and operated in the tribal service area. ACF uses the information to review and approve Tribal TANF plans. The information collected is mandatory in accordance with the above-mentioned citation.
The response burden for this collection of information is estimated to be 68 hours per response, including the time for reviewing the statute, gathering and preparing the information, and reviewing the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.
This information is not considered confidential; therefore, no additional safeguards are considered necessary beyond that customarily applied to routine government information.
Under 411(a)(1)(A) and 412(h) of the Act, each tribe operating a TANF program must collect, on a monthly basis, and report on a quarterly basis (OMB No. 0970-0215) the following disaggregated case record information on the families receiving assistance under the Tribal program:
the county of residence of the family;
whether a child receiving such assistance or an adult in the family is receiving:
federal disability insurance benefits;
benefits based on federal disability status;
aid under a state plan approved under title XIV (as in effect without regard to the amendment made by section 301 of the Social Security Amendments of 1972));
aid or assistance under a state plan approved under title XVI (as in effect without regard to such amendment) by reason of being permanently and totally disabled, or supplemental security income benefits under title XVI (as in effect pursuant to such amendment) by reason of disability;
the ages of the members of such families;
the number of individuals in the family and the relation of each family member to the head of the family;
the employment status and earnings of the employed adult in the family;
the marital level of the adults in the family, including whether such adults have never married, are widowed, or are divorced;
the race and educational level of each adult in the family;
the race and educational status of each child in the family;
whether the family received subsidized housing, medical assistance under the state plan approved under title XIX, food stamps, or subsidized child care, and if the latter 2, the amount received;
the number of months that the family has received each type of assistance under the program;
if the adults participated in, and the number of hours per week of participation in, the following activities;
education;
subsidized private sector employment;
unsubsidized employment;
public sector employment, work experience, or community service;
job search;
job skills training or on-the-job training;
vocational education;
information necessary to calculate work participation rates;
the type and amount of assistance received under the program, including the amount of and reason for any reduction of assistance (including sanctions);
any amount of unearned income received by any member of the family;
the citizenship of the members of the family;
from a sample of closed cases, whether the family left the program, and if so, whether the family left due to:
employment;
marriage;
the prohibition set forth in section 408(a)(7);
sanction; or
tribal policy, or if applicable, state policy.
In addition, section 411 of the Act states that each quarterly report shall include a statement of the:
percentage of the funds paid to the Indian tribe that are used to cover administrative costs or overhead;
total amount expended by the Indian tribe on programs for needy families;
number of noncustodial parents in the tribal service area who participated in work activities (as defined in section 407(d)) during the quarter;
total amount expended by the Indian tribe during the quarter to provide transitional services to a family that has ceased to receive assistance under this part because of employment, along with a description of such services;
the number of families and individuals receiving assistance under the tribal program (including the number of 2-parent and 1-parent families; and
the total dollar value of TANF assistance received by all families.
For More Information:
If you have additional questions about preparing your Tribal TANF Family Assistance Plan, please contact the Regional Program Manager for your area. They can assist you in preparing an approvable plan. Additionally, ACF conducts regional and national meetings where you can learn more about the Tribal TANF program.
TITLE IV-A STATUTORY TEXT - SECTIONS 412 AND 419(a)
SEC. 412. DIRECT FUNDING AND ADMINISTRATION BY INDIAN TRIBES
Sec. 412. [42 U.S.C. 612] (a) Grants for Indian Tribes.—
Tribal family assistance grant.—
In general.—For fiscal year 2012[77], 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 403(a)(1) 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.
Amount determined.—
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 403 (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.
Use of state submitted data.—
In general.—The Secretary shall use State submitted data to make each determination under clause (i).
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.
Grants for Indian tribes that received jobs funds.—
In general.—For fiscal year 2012[78] 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 482(i) (as in effect during fiscal year 1994).
Eligible Indian tribe.—For purposes of subparagraph (!), 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 482(i) (as in effect during fiscal year 1995).
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 areas or areas as the tribe specifies.
) 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).
Welfare-to-work grants.—
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 403(a)(5)(H) 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.
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:
The Indian tribe has submitted to the Secretary of Labor a plan which describes how, consistent with section 403(a)(5), 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.
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.
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 409(a)(7)(B)(iv) (other than subclause (III) thereof)) pursuant to this paragraph.
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 413(j), and to cooperate with the conduct of any such evaluation.
Limitations on use of funds.—
In general.—Section 403(a)(5)(C) 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 403(a)(5).
Waiver authority.—The Secretary of Labor may waive or modify the application of a provision of section 403(a)(5)(C) (other than clause (viii) thereof) 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.
Regulations.—Within 90 days after the date of the enactment of this paragraph, 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.
3–Year Tribal Family Assistance Plan.—
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—
(!) outlines the Indian tribe’s approach to providing welfare-related services for the 3-year period, consistent with this section;
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;
identifies the population and service area or areas to be served by such plan;
provides that a family receiving assistance under the plan may not receive duplicative assistance from other State or tribal programs funded under this part;
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
applies the fiscal accountability provisions of section 5(f)(1) of the Indian Self-Determination and Education Assistance Act[79] (25 U.S.C. 5305(f)(1)), relating to the submission of a single-agency audit report required by chapter 75 of title 31, United States Code[80].
Approval.—The Secretary shall approve each tribal family assistance plan submitted in accordance with paragraph (1).
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.
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—
Emergency Assistance.—Nothing in this section shall preclude an Indian tribe from seeking emergency assistance from any Federal loan program or emergency fund.
Accountability.—Nothing in this section shall be construed to limit the ability of the Secretary to maintain program funding accountability consistent with—
generally accepted accounting principles; and
the requirements of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.).
Eligibility for Federal Loans.—Section 406 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 406(c) shall be applied by substituting “section 412(a)” for “section 403(a)”.
Penalties.—
Subsections (a)(1), (a)(6), (b), and (c) of section 409, shall apply to an Indian tribe with an approved tribal assistance plan in the same manner as such subsections apply to a State.
Section 409(a)(3) shall apply to an Indian tribe with an approved tribal assistance plan by substituting “meet minimum work participation requirements established under section 412(c)” for “comply with section 407(a)”.
Data Collection and Reporting.—Section 411 shall apply to an Indian tribe with an approved tribal family assistance plan.
Special Rule for Indian Tribes in Alaska.—
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.
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).
As used in this part:
Adult.—The term “adult” means an individual who is not a minor child.
Minor child.—The term “minor child” means an individual who—
has not attained 18 years of age; or
has not attained 19 years of age and is a full-time student in a secondary school (or in the equivalent level of vocational or technical training).
Fiscal year.—The term “fiscal year” means any 12-month period ending on September 30 of a calendar year.
Indian, Indian tribe, and tribal organization.—
In general.—Except as provided in subparagraph (B), the terms “Indian”, “Indian tribe”, and “tribal organization” have the meaning given such terms by section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)[91].
Special rule for Indian tribes in Alaska.—The term “Indian tribe” means, with respect to the State of Alaska, only the Metlakatla Indian Community of the Annette Islands Reserve and the following Alaska Native regional nonprofit corporations:
Arctic Slope Native Association.
Kawerak, Inc.
Maniilaq Association.
Association of Village Council Presidents.
Tanana Chiefs Conference.
Cook Inlet Tribal Council.
Bristol Bay Native Association.
Aleutian and Pribilof Island Association.
Chugachmuit.
Tlingit Haida Central Council.
Kodiak Area Native Association.
Cooper River Native Association.
State.—Except as otherwise specifically provided, the term “State” means the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, and American Samoa.
The final Tribal TANF plan submission must include the SF-424B Assurances – Non-Construction Programs. All other required certifications, http://www.acf.hhs.gov/grants/certifications, are included within the terms and conditions an ACF grantee agrees to when they accept funding and do not need to be submitted with the plan. The certifications the tribe will provide when signing the terms and conditions include:
Certification Regarding Debarment, Suspension, and Other Responsibility Matters – Primary Covered Transactions.
U.S. Department of Health and Human Services, Certification Regarding Drug Free Workplace Requirements, Grantees other Than Individuals.
Certification Regarding Tobacco Smoke.
Certification Regarding Lobbying.
PAPERWORK REDUCTION ACT OF 1995 (Pub. L. 104-13) STATEMENT OF PUBLIC BURDEN: The purpose of this information collection is to provide guidance to tribes who are either initiating or renewing a Tribal Temporary Assistance for Needy Families (TANF) Program and who are required by statute to submit a Tribal Family Assistance Plan in order to do so. Public reporting burden for this collection of information is estimated to average 68 hours per grantee, including the time for reviewing instructions, gathering and maintaining the data needed, and reviewing the collection of information. This is a mandatory collection of information per 42 U.S.C. §612 (b)(1). An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information subject to the requirements of the Paperwork Reduction Act of 1995, unless it displays a currently valid OMB control number. The OMB # is 0970-0157 and the expiration date is XX/XX/XXXX. If you have any comments on this collection of information, please contact Denise Edwards, Branch Manager, Division of Tribal TANF Management at PRAQuesions.TribalTANF@ACF.HHS.gov.
| File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
| File Title | OMB Control No. 0970-0157. Expiration Date: XX/XX/XXXX |
| Subject | Tribal TANF Guidance |
| Author | Davis, Tonya (ACF) |
| File Modified | 0000-00-00 |
| File Created | 2021-01-14 |