THIS SEARCH     THIS DOCUMENT     GO TO
Next Hit        Forward           New Bills Search
Prev Hit        Back              HomePage
Hit List        Best Sections     Help
                Contents Display   

SEC. 110. WORK PARTICIPATION REQUIREMENTS.

(a) IN GENERAL- Section 407 (42 U.S.C. 607) is amended by striking all that precedes subsection (b)(3) and inserting the following:

`SEC. 407. WORK PARTICIPATION REQUIREMENTS.

`(a) PARTICIPATION RATE REQUIREMENTS- A State to which a grant is made under section 403 for a fiscal year shall achieve a minimum participation rate equal to not less than--

`(1) 50 percent for fiscal year 2003;

`(2) 55 percent for fiscal year 2004;

`(3) 60 percent for fiscal year 2005;

`(4) 65 percent for fiscal year 2006; and

`(5) 70 percent for fiscal year 2007 and each succeeding fiscal year.

`(b) CALCULATION OF PARTICIPATION RATES-

`(1) AVERAGE MONTHLY RATE- For purposes of subsection (a), the participation rate of a State for a fiscal year is the average of the participation rates of the State for each month in the fiscal year.

`(2) MONTHLY PARTICIPATION RATES; INCORPORATION OF 40-HOUR WORK WEEK STANDARD-

`(A) IN GENERAL- For purposes of paragraph (1), the participation rate of a State for a month is--

`(i) the total number of countable hours (as defined in subsection (c)) with respect to the counted families for the State for the month; divided by

`(ii) 160 multiplied by the number of counted families for the State for the month.

`(B) COUNTED FAMILIES DEFINED-

`(i) IN GENERAL- In subparagraph (A), the term `counted family' means, with respect to a State and a month--

`(I) a family that includes a work-eligible individual and that receives assistance in the month under the State program funded under this part, subject to clause (ii); or

`(II) an individual not currently receiving assistance under the State program as described in paragraph (4).

`(ii) STATE OPTION TO EXCLUDE CERTAIN FAMILIES- At the option of a State, the term `counted family' shall not include on a case-by-case basis, a family in which the youngest child has not attained 12 months of age.

`(iii) STATE OPTION TO INCLUDE INDIVIDUALS RECEIVING ASSISTANCE UNDER A TRIBAL FAMILY ASSISTANCE PLAN OR TRIBAL WORK PROGRAM- At the option of a State, the term `counted family' may include families in the State that are receiving assistance under a tribal family assistance plan approved under section 412 or under a tribal work program to which funds are provided under this part.

`(C) WORK-ELIGIBLE INDIVIDUAL DEFINED- In this section, the term `work-eligible individual' means--

`(i) an individual--

`(I) who is married or a single head of household; and

`(II) whose needs are (or, but for sanctions under this part that have been in effect for more than 3 months (whether or not consecutive) in the preceding 12 months or under part D, would be) included in determining the amount of cash assistance to be provided to the family under the State program funded under this part; or

`(ii) an individual--

`(I) who is married or a single head of household; and

`(II) is not currently receiving assistance as described in paragraph (4).'.

(b) PHASE-OUT OF PRO RATA REDUCTION OF PARTICIPATION RATE DUE TO CASELOAD REDUCTIONS-

(1) PROVISIONS FOR FISCAL YEARS 2003 AND 2004- Section 407(b)(3) (42 U.S.C. 607(b)(3)) is amended by adding at the end the following:

`(C) PROVISIONS FOR FISCAL YEARS 2003 AND 2004- Notwithstanding the preceding provisions of this paragraph, and subject to paragraph (5), with respect to a State, in determining the percentage reduction in the minimum participation rate otherwise required by this section--

`(i) for fiscal years 2003 and 2004, subparagraph (B) and the second sentence of subparagraph (A) shall not apply; and

`(ii) for fiscal year 2004, the applicable percentage point reduction shall be reduced by 1/2 .'.

(2) REPEAL- Effective October 1, 2004, section 407(b)(3) (42 U.S.C. 607(b)(3)) is repealed.

(c) EMPLOYMENT CREDIT FOR FAMILIES THAT HAVE CEASED RECEIVING ASSISTANCE FOR EMPLOYMENT-RELATED REASONS-

(1) IN GENERAL- Section 407(b) (42 U.S.C. 607(b)), as amended by subsections (a) and (b), is amended--

(A) by striking paragraphs (4) and (5); and

(B) by inserting after paragraph (3), the following:

`(4) EMPLOYMENT CREDIT FOR FAMILIES THAT HAVE CEASED RECEIVING ASSISTANCE FOR EMPLOYMENT-RELATED REASONS- Subject to paragraph (5), for purposes of calculation of the minimum participation rate otherwise required by this section, a work-eligible individual not currently receiving assistance under the State program funded under this part, that ceased receiving such assistance at a time within the previous 3 months when a family member was employed, shall be deemed to be engaged in a direct work activity for an average of 40 hours per week.'.

(2) TECHNICAL AMENDMENTS- Effective October 1, 2004, section 407(b) (42 U.S.C. 607(b)) is amended--

(A) by redesignating paragraph (4), as added by paragraph (1) of this subsection, as paragraph (3); and

(B) in subparagraphs (B)(i)(II) and (C)(ii)(II) of paragraph (2), by striking `paragraph (4)' each place it appears and inserting `paragraph (3)'.

(d) LIMITATION ON REDUCTION OF WORK PARTICIPATION RATE-

(1) IN GENERAL- Section 407(b) (42 U.S.C. 607(b)), as amended by subsections (a), (b), and (c), is amended by inserting after paragraph (4), the following:

`(5) LIMITATION ON REDUCTION OF WORK PARTICIPATION RATE- Notwithstanding paragraph (3) or (4), a State may not credit an individual with being engaged in countable hours for purposes of calculation of the minimum participation rate otherwise required by this section if the minimum participation rate determined for families described in paragraph (2)(B)(i)(I) for a State would be reduced below--

`(A) 15 percent, in the case of fiscal year 2003;

`(B) 25 percent, in the case of fiscal year 2004;

`(C) 35 percent, in the case of fiscal year 2005;

`(D) 45 percent, in the case of fiscal year 2006; or

`(E) 55 percent, in the case of fiscal year 2007.'.

(2) TECHNICAL AMENDMENTS- Effective October 1, 2004, section 407(b) (42 U.S.C. 607(b)) is amended--

(A) by redesignating paragraph (5), as added by paragraph (1) of this subsection, as paragraph (4);

(B) in such paragraph (4) (as so redesignated), by striking `(3), (4),' and inserting `(3)'; and

(C) in paragraph (3) (as redesignated by subsection (c)(2)(A)), by striking `paragraph (5)' and inserting `paragraph (4)'.

(e) COUNTABLE HOURS- Section 407 of such Act (42 U.S.C. 607) is amended by striking subsections (c) and (d) and inserting the following:

`(c) COUNTABLE HOURS-

`(1) DEFINITION- In subsection (b)(2), the term `countable hours' means, with respect to a family for a month, the total number of hours in the month in which any member of the family who is a work-eligible individual is engaged in a direct work activity or other organized activities (excluding an activity that does not address a purpose specified in section 401(a)), subject to the other provisions of this subsection.

`(2) LIMITATIONS- Subject to such regulations as the Secretary may prescribe:

`(A) MINIMUM WEEKLY AVERAGE OF 24 HOURS OF DIRECT WORK ACTIVITIES REQUIRED- If the work-eligible individuals in a family are engaged in a direct work activity for an average total of fewer than 24 hours per week in a month, then the number of countable hours with respect to the family for the month shall be zero.

`(B) MAXIMUM WEEKLY AVERAGE OF 16 HOURS OF OTHER ORGANIZED ACTIVITIES- An average of not more than 16 hours per week of organized activities (subject to the exclusion described in paragraph (1)) may be considered countable hours in a month with respect to a family. Such activities may include the following:

`(i) Substance abuse counseling or treatment.

`(ii) Rehabilitation treatment and services.

`(iii) Work-related education or training directed at enabling the family member to work.

`(iv) Job search or job readiness assistance.

`(v) Parenting education.

`(vi) Marriage and relationship skills training .

`(vii) Domestic violence counseling.

`(viii) Any other activity that addresses a purpose specified in section 401(a).

`(3) SPECIAL RULES- For purposes of paragraph (1):

`(A) PARTICIPATION IN QUALIFIED ACTIVITIES-

`(i) IN GENERAL- If, with the approval of the State, the work-eligible individuals in a family are engaged in 1 or more qualified activities for an average total of at least 24 hours per week in a month, then all such engagement in the month shall be considered engagement in a direct work activity, subject to clause (iii).

`(ii) QUALIFIED ACTIVITY DEFINED- The term `qualified activity' means an activity specified by the State (subject to the exclusion described in paragraph (1)) that meets such standards and criteria as the State may specify, including an activity described in any of clauses (i) through (viii) of paragraph (2)(B).

`(iii) LIMITATION-

`(I) IN GENERAL- Except as provided in subclause (II), clause (i) shall not apply to a family for more than 3 months in any period of 24 consecutive months.

`(II) SPECIAL RULE APPLICABLE TO EDUCATION AND TRAINING -

`(aa) IN GENERAL- Subject to item (bb), a State may, on a case-by-case basis, apply clause (i) to a work-eligible individual so that participation by the individual in education or training , if needed to permit the individual to complete a certificate program or other work-related education or training directed at enabling the individual to fill a known job

need in a local area, may be considered countable hours with respect to the family of the individual for not more than 12 months in any period of 24 consecutive months

`(bb) LIMITATION- With respect to a month, a State may not apply item (aa) to more than 30 percent of counted families for the month.

`(B) SCHOOL ATTENDANCE BY TEEN HEAD OF HOUSEHOLD- The work-eligible members of a family shall be considered to be engaged in a direct work activity for an average of 40 hours per week in a month if the family includes an individual who is married, or is a single head of household, who has not attained 20 years of age, and the individual--

`(i) maintains satisfactory attendance at secondary school or the equivalent in the month; or

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

`(d) DIRECT WORK ACTIVITY- In this section, the term `direct work activity' means--

`(1) unsubsidized employment;

`(2) subsidized private sector employment;

`(3) subsidized public sector employment;

`(4) on-the-job training ;

`(5) supervised work experience; or

`(6) supervised community service.'.

(f) PENALTIES AGAINST INDIVIDUALS- Section 407(e)(1) (42 U.S.C. 607(e)(1)) is amended to read as follows:

`(1) REDUCTION OR TERMINATION OF ASSISTANCE- Except as provided in paragraph (2), if an individual in a family receiving assistance under a State program funded under this part fails to engage in activities required in accordance with this section, or other activities required by the State under the program, and the family does not otherwise engage in activities in accordance with the self-sufficiency plan established for the family pursuant to section 408(b), the State shall--

`(A) if the failure is partial or persists for not more than 1 month--

`(i) 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 failure occurs; or

`(ii) terminate all assistance to the family, subject to such good cause exceptions as the State may establish; or

`(B) if the failure is total and persists for at least 2 consecutive months, terminate all cash payments to the family including qualified State expenditures (as defined in section 409(a)(7)(B)(i)) for at least 1 month and thereafter until the State determines that the individual has resumed full participation in the activities, subject to such good cause exceptions as the State may establish.'.

(g) CONFORMING AMENDMENTS-

(1) Section 407(f) (42 U.S.C. 607(f)) is amended in each of paragraphs (1) and (2) by striking `work activity described in subsection (d)' and inserting `direct work activity'.

(2) The heading of section 409(a)(14) (42 U.S.C. 609(a)(14)) is amended by inserting `OR REFUSING TO ENGAGE IN ACTIVITIES UNDER A FAMILY SELF-SUFFICIENCY PLAN' after `WORK'.

SEC. 111. MAINTENANCE OF EFFORT.

(a) IN GENERAL- Section 409(a)(7) (42 U.S.C. 609(a)(7)) is amended--

(1) in subparagraph (A) by striking `fiscal year 1998, 1999, 2000, 2001, 2002, or 2003' and inserting `fiscal year 2003, 2004, 2005, 2006, 2007 or 2008'; and

(2) in subparagraph (B)(ii)--

(A) by inserting `preceding' before `fiscal year'; and

(B) by striking `for fiscal years 1997 through 2002,'.

(b) STATE SPENDING ON PROMOTING HEALTHY MARRIAGE-

(1) IN GENERAL- Section 404 (42 U.S.C. 604) is amended by adding at the end the following:

`(l) MARRIAGE PROMOTION- A State, territory, or tribal organization to which a grant is made under section 403(a)(2) may use a grant made to the State, territory, or tribal organization under any other provision of section 403 for marriage promotion activities, and the amount of any such grant so used shall be considered State funds for purposes of section 403(a)(2).'.

(2) FEDERAL TANF FUNDS USED FOR MARRIAGE PROMOTION DISREGARDED FOR PURPOSES OF MAINTENANCE OF EFFORT REQUIREMENT- Section 409(a)(7)(B)(i) (42 U.S.C. 609(a)(7)(B)(i)), as amended by section 103(c) of this Act, is amended by adding at the end the following:

`(VI) EXCLUSION OF FEDERAL TANF FUNDS USED FOR MARRIAGE PROMOTION ACTIVITIES- Such term does not include the amount of any grant made to the State under section 403 that is expended for a marriage promotion activity.'.

SEC. 112. PERFORMANCE IMPROVEMENT.

(a) STATE PLANS- Section 402(a) (42 U.S.C. 602(a)) is amended--

(1) in paragraph (1)--

(A) in subparagraph (A)--

(i) by redesignating clause (vi) and clause (vii) (as added by section 103(a) of this Act) as clauses (vii) and (viii), respectively; and

(ii) by striking clause (v) and inserting the following:

`(v) The document shall--

`(I) describe how the State will pursue ending dependence of needy families on government benefits and reducing poverty by promoting job preparation and work;

`(II) describe how the State will encourage the formation and maintenance of healthy 2-parent married families, encourage responsible fatherhood, and prevent and reduce the incidence of out-of-wedlock pregnancies;

`(III) include specific, numerical, and measurable performance objectives for accomplishing subclauses (I) and (II), and with respect to subclause (I), include objectives consistent with the criteria used by the Secretary in establishing performance targets under section 403(a)(4)(B) if available; and

`(IV) describe the methodology that the State will use to measure State performance in relation to each such objective.

`(vi) Describe any strategies and programs the State may be undertaking to address--

`(I) employment retention and advancement for recipients of assistance under the program, including placement into high-demand jobs, and whether the jobs are identified using labor market information;

`(II) efforts to reduce teen pregnancy;

`(III) services for struggling and noncompliant families, and for clients with special problems; and

`(IV) program integration, including the extent to which employment and training services under the program are provided through the One-Stop delivery system created under the Workforce Investment Act of 1998, and the extent to which former recipients of such assistance have access to additional core, intensive, or training services funded through such Act.'; and

(B) in subparagraph (B), by striking clause (iii) (as so redesignated by section 107(b)(1) of this Act) and inserting the following:

`(iii) The document shall describe strategies and programs the State is undertaking to engage religious organizations in the provision of services funded under this part and efforts related to section 104 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.

`(iv) The document shall describe strategies to improve program management and performance.'; and

(2) in paragraph (4), by inserting `and tribal' after `that local'.

THIS SEARCH     THIS DOCUMENT     GO TO
Next Hit        Forward           New Bills Search
Prev Hit        Back              HomePage
Hit List        Best Sections     Help
                Contents Display