Q1: Among states which have chosen to opt out of the TANF ban for convicted drug offenders, have any States done this administratively - - via a governor's Executive Order or State regulation?
A: We are unaware of any State that has opted out of the TANF ban for individuals convicted of felony drug offenses based solely on an administrative action such as an Executive Order from a governor or a State regulation. We remind you that the statute requires a legislative act and not an administrative act. The State legislature must enact a specific law that eliminates the prohibition. Section 21 USC 862a(d)(1)(A) provides: “A State may, by specific reference in a law enacted after August 22, 1996, exempt any or all individuals domiciled in the State from the application of subsection (a) of this section.” Subsection (a) describes the ban for individuals with felony drug offenses. In addition, section 21 USC 862a(d)(1)(B) declares: “A State may, by law enacted after August 22, 1996, limit the period for which subsection (a) of this section shall apply to any or all individuals domiciled in the State.”
