[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 814 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 814
To reauthorize and amend the program of block grants to States for
temporary assistance for needy families and related programs.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 25, 2013
Ms. Moore (for herself, Ms. Brown of Florida, Mr. Conyers, Ms. DeLauro,
Ms. Norton, Mr. Grijalva, Mr. Brady of Pennsylvania, and Ms.
Schakowsky) introduced the following bill; which was referred to the
Committee on Ways and Means, and in addition to the Committee on
Oversight and Government Reform, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To reauthorize and amend the program of block grants to States for
temporary assistance for needy families and related programs.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rewriting to Improve and Secure an
Exit Out of Poverty Act'' or the ``RISE Out of Poverty Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. State plans required to address whether and how States will
provide assistance to neediest geographic
areas.
Sec. 5. Funding of the TANF program.
Sec. 6. Work requirements.
Sec. 7. Work rules.
Sec. 8. Prohibition on imposing limit of less than 60 months on
duration of assistance.
Sec. 9. Response of TANF program to economic recessions.
Sec. 10. Requirement that States use merit-based system in
administration of TANF programs.
Sec. 11. Ban on using Federal TANF funds to replace State and local
spending that does not meet the definition
of qualified State expenditures.
Sec. 12. TANF assistance to meet basic family economic needs.
Sec. 13. State plans and reports on child poverty.
Sec. 14. Requirement that States adopt standards and procedures to
address domestic and sexual violence among
TANF recipients.
Sec. 15. Child care entitlement.
Sec. 16. Child support enforcement.
Sec. 17. State option to extend eligibility for assistance to children
through age 21; prohibition on considering
financial aid tied to education of child in
determining eligibility for, or amount of
assistance; prohibition on imposing
additional requirements based on
educational enrollment of child.
Sec. 18. Elimination of certain other bars to TANF assistance.
Sec. 19. Effective date.
SEC. 3. REFERENCES.
Except as otherwise expressly provided in this Act, wherever in
this Act an amendment or repeal is expressed in terms of an amendment
to, or repeal of, a section or other provision, the amendment or repeal
shall be considered to be made to a section or other provision of the
Social Security Act.
SEC. 4. STATE PLANS REQUIRED TO ADDRESS WHETHER AND HOW STATES WILL
PROVIDE ASSISTANCE TO NEEDIEST GEOGRAPHIC AREAS.
Section 402(a)(1)(A)(i) (42 U.S.C. 602(a)(1)(A)(i)) is amended by
inserting ``, including whether and how the State will give priority to
providing benefits and services in areas of the State with the greatest
need (such as areas with the greatest unemployment rates, the greatest
poverty rates, and the least job opportunity to population ratios)''
before the period.
SEC. 5. FUNDING OF THE TANF PROGRAM.
(a) State Family Assistance Grant.--
(1) In general.--Section 403(a)(1) (42 U.S.C. 603(a)(1)) is
amended--
(A) in subparagraph (A), by striking ``fiscal years
1996,'' and all that follows through ``2003,'' and
inserting ``fiscal year 2013 and each succeeding fiscal
year''; and
(B) by striking subparagraphs (B) and (C) and
inserting the following:
``(B) State family assistance grant.--
``(i) In general.--The State family
assistance grant payable to a State for a
fiscal year shall be the greater of--
``(I) the adjusted basic block
grant, plus the amount required to be
paid to the State under paragraph (3)
(as in effect on September 30, 2010)
for fiscal year 2010; or
``(II) the amount required to be
paid to the State under this paragraph
for the preceding fiscal year.
``(ii) Adjusted basic block grant.--In
clause (i), the term `adjusted block grant'
means, with respect to a State, the product
of--
``(I) the amount required to be
paid to the State under this paragraph
for fiscal year 2010 (determined
without regard to any reduction
pursuant to section 409 or 412(a)(1));
``(II) 1.00, plus the percentage
(if any) by which the average of the
CPI for the 12-month period ending with
June of the preceding fiscal year
exceeds the average of the CPI for the
12-month period ending with June 1996,
expressed as a decimal; and
``(III) 1.00, plus the percentage
(if any) by which the most recent
estimate by the Bureau of the Census of
the population of the State that has
not attained 18 years of age exceeds
the most recent estimate by the Bureau
of the Census of that population as of
July 1, 1996, expressed as a decimal.
``(iii) CPI defined.--In clause (ii), the
term `CPI' means the last Consumer Price Index
for All Urban Consumers published by the
Department of Labor for the period involved.
``(C) Appropriation.--Out of any money in the
Treasury of the United States not otherwise
appropriated, there are appropriated such sums as are
necessary for grants under this paragraph for each
fiscal year.''.
(2) Conforming amendment to eliminate supplemental grants
for population increases in certain states.--Section 403(a) (42
U.S.C. 603(a)) is amended by striking paragraph (3).
(b) Penalty for Failure To Maintain Effort Adjusted for
Inflation.--Section 409(a)(7) (42 U.S.C. 609(a)(7)) is amended--
(1) in subparagraph (A), by inserting ``the inflation-
adjusted'' before ``historic State expenditures''; and
(2) in subparagraph (B), by redesignating clauses (iii)
through (v) as clauses (iv) through (vi), respectively, and
inserting after clause (ii) the following:
``(iii) Inflation-adjusted historic state
expenditures.--The term `inflation-adjusted
historic State expenditures' means, with
respect to a fiscal year--
``(I) historic State expenditures;
multiplied by
``(II) 1.00, plus (in the case of
fiscal year 2014 or any succeeding
fiscal year) the percentage (if any) by
which the average of the CPI (as
defined in section 403(a)(1)(B)(iii))
for the 12-month period ending with
June of the preceding fiscal year
exceeds the average of the CPI (as so
defined) for the 12-month period ending
with June 2012, expressed as a
decimal.''.
(c) Modification of Contingency Fund.--
(1) In general.--Section 403(b) (42 U.S.C. 603(b)) is
amended by striking all that follows paragraph (1) and
inserting the following:
``(2) Grants.--
``(A) In general.--The Secretary shall make a grant
to each eligible State and each Indian tribe that is an
economically needy entity for a calendar quarter, in an
amount equal to 80 percent of the amount (if any) by
which the total amount of relevant expenditures of the
entity for the quarter exceeds the total amount of the
relevant expenditures of the entity for the
corresponding quarter in the base year of the entity,
subject to paragraph (2).
``(B) Limitation.--The total amount payable to an
entity under this subsection for a fiscal year shall
not exceed an amount equal to 25 percent of the amount
payable to the entity--
``(i) if the entity is a State, under
section 403(a)(1) for the fiscal year; or
``(ii) if the entity is an Indian tribe,
under section 412(a)(1) for the fiscal year.
``(3) Definitions.--In paragraph (2):
``(A) Economically needy entity.--The term
`economically needy entity' means an entity with
respect to a calendar quarter--
``(i) if the seasonally adjusted average
unemployment rate with respect to entity for
the quarter or any of the preceding 4 calendar
quarters exceeds 6.5 percent; or
``(ii) in the case that the unemployment
rate information described in clause (i) is not
available with respect to the entity, if the
entity meets such qualifications as the
Secretary, in consultation with the Secretary
of Labor, shall, by regulation, prescribe.
``(B) Base year.--The term `base year' means, with
respect to an entity, and a calendar quarter in a
fiscal year--
``(i) except as provided in clause (ii),
whichever of the 2 fiscal years most recently
preceding the 1st fiscal year of the most
recent contingency fund eligibility period for
the entity, is the fiscal year in which the
relevant expenditures of the entity were the
lesser; or
``(ii) if the 1st year of the period
referred to in clause (i) is fiscal year 2013,
whichever of fiscal year 2007 or 2008 is the
fiscal year in which the relevant expenditures
of the entity were the lesser.
``(C) Contingency fund eligibility period.--The
term `contingency fund eligibility period' means, with
respect to an entity, a period of 1 or more consecutive
calendar quarters for which the entity is an
economically needy entity.
``(D) Relevant expenditures.--
``(i) In general.--The term `relevant
expenditures' means expenditures--
``(I) for assistance under the
program funded under this part of the
entity (including, in the case of a
State, any qualified State expenditures
(as defined in section 409(a)(7)(B)(i))
and any expenditures under any other
State program funded by such
expenditures);
``(II) for child care;
``(III) for subsidized employment
under the program funded under this
part of the entity (including, in the
case of a State, such expenditures
under any other State program funded by
qualified State expenditures (as
defined in section 409(a)(7)(B)(i))),
other than expenditures made using
Federal funds or with respect to which
the entity received a grant made under
paragraph (3) of this subsection; and
``(IV) for administrative costs
associated with making the expenditures
referred to in the preceding subclauses
of this clause.
``(ii) Child care expenditures.--For
purposes of clause (i), expenditures for child
care consist of the following:
``(I) Amounts transferred under
section 404(d)(1)(B).
``(II) Expenditures for child care
assistance from Federal funds provided
under this part.
``(III) In the case of an entity
that is a State, expenditures for child
care assistance that are qualified
State expenditures (as defined in
section 409(a)(7)(B)(i)), but only to
the extent exceeding the total
expenditures of the State (other than
from Federal funds) for child care in
fiscal year 1994 or 1995 (whichever is
the greater).
``(iii) Authority to collect and adjust
data.--In determining the amount of the
expenditures of a State for basic assistance,
child care, and subsidized employment, during
any period for which the State requests funds
under this subsection, and during the base year
of the State, the Secretary may make
appropriate adjustments to the data, on a
State-by-State basis, to ensure that the data
are comparable with respect to the groups of
families served and the types of aid provided.
The Secretary may develop a mechanism for
collecting expenditure data, including
procedures which allow States to make
reasonable estimates, and may set deadlines for
making revisions to the data.
``(4) Use of grant.--Each State to which a grant is made
under this subsection shall use the grant to serve areas of the
State with the greatest need (as referred to in section
402(a)(1)(A)).
``(5) Appropriation.--
``(A) In general.--Out of any funds in the Treasury
of the United States not otherwise appropriated, there
are appropriated for payment to the Fund--
``(i) $2,500,000,000 for fiscal year 2013;
and
``(ii) for each succeeding fiscal year, the
amount appropriated under this paragraph for
the then preceding fiscal year, increased by
the percentage (if any) by which the amount
appropriated under section 403(a)(1) for the
fiscal year involved exceeds the amount
appropriated under such section for the then
preceding fiscal year.
``(B) Availability.--Amounts made available under
this paragraph for a fiscal year shall remain available
until expended.
``(6) Actions to be taken in anticipation of exhaustion of
fund.--The Secretary shall monitor the amount in, and the rate
at which amounts are paid from, the Fund, and if the Secretary
determines that the Fund will be exhausted within 6 months, the
Secretary shall--
``(A) notify the Congress of the determination; and
``(B) develop and communicate to each State and
Indian tribe that is an economically needy entity as of
the date of the determination, the procedure for
allocating amounts in the Fund among such entities.''.
(2) Elimination of penalty for failure of state receiving
amounts from contingency fund to maintain 100 percent of
historic effort.--
(A) In general.--Section 409(a) (42 U.S.C. 609(a))
is amended by striking paragraph (10) and redesignating
paragraphs (11) through (16) as paragraphs (10) through
(15), respectively.
(B) Conforming amendments.--Section 409 (42 U.S.C.
609) is amended in each of subsections (b)(2) and
(c)(4), by striking ``(10), (12), or (13)'' and
inserting ``(11), or (12)''.
(3) Conforming amendment.--Section 409(a)(3)(C) (42 U.S.C.
609(a)(3)(C)) is amended by striking ``needy State (as defined
in section 403(b)(6))'' and inserting ``economically needy
entity (as defined in section 403(b)(3)(A))''.
(4) Amounts provided to territories from the contingency
fund to be disregarded for purposes of limitation on payments
to the territories.--Section 1108(a)(2) (42 U.S.C. 1308(a)(2))
is amended by inserting ``403(b),'' before ``406,''.
(d) Matching Grants for Subsidized Employment.--
(1) In general.--Section 403(a) (42 U.S.C. 603(a)), as
amended by subsection (a)(2) of this section, is further
amended by inserting after paragraph (2) the following:
``(3) Matching grants for subsidized employment.--
``(A) In general.--The Secretary shall make a
grant--
``(i) to each eligible State that is 1 of
the 50 States or the District of Columbia, for
each fiscal year for which the State is an MOE
State; and
``(ii) to each State that is not 1 of the
50 States or the District of Columbia, and to
each Indian tribe, for each fiscal year for
which the State or tribe, as the case may be,
meets such terms and conditions as the
Secretary shall, by regulation, establish,
which shall be comparable to the terms and
conditions under which grants are made under
clause (i).
``(B) MOE state.--In subparagraph (A), the term
`MOE State' means a State if the qualified expenditures
of the State (as defined in section 409(a)(7)(B)(i))
for the fiscal year exceeds the applicable percentage
(as defined in clause (ii) of such section) of
inflation-adjusted historic State expenditures (as
defined in clause (iii) of such section) of the State
with respect to the fiscal year.
``(C) Amount of grant.--
``(i) States.--
``(I) In general.--The grant to be
made to a State under subparagraph
(A)(i) for a fiscal year shall be in an
amount equal to 50 percent of the
excess expenditures of the State for
subsidized employment during the fiscal
year.
``(II) Excess expenditures of the
state for subsidized employment.--The
term `excess expenditures of the State
for subsidized employment' means, with
respect to a fiscal year, the lesser
of--
``(aa) the excess described
in subparagraph (B) with
respect to the State for the
fiscal year; or
``(bb) an amount equal to
the total expenditures of the
State for subsidized employment
funded under this part or under
any other State program funded
by qualified State expenditures
(as defined in section
409(a)(7)(B)(i)), excluding
those with respect to which a
grant is made to the State
under subsection (b) of this
section, during the fiscal
year.
``(ii) Indian tribes.--The grant to be made
to an Indian tribe under this paragraph shall
be in such amount as the Secretary deems
appropriate.
``(D) Use of grant.--Notwithstanding section 404, a
State or Indian tribe to which a grant is made under
this paragraph shall use the grant solely to finance
subsidized employment activities, and to serve areas of
the State with the greatest need (as referred to in
section 402(a)(1)(A)).
``(E) Appropriation.--Out of any funds in the
Treasury of the United States not otherwise
appropriated, there are appropriated such sums as are
necessary for grants under this paragraph for each
fiscal year.''.
(2) Amounts provided to territories from the matching grant
to be disregarded for purposes of limitation on payments to the
territories.--Section 1108(a)(2) (42 U.S.C. 1308(a)(2)) is
amended by inserting ``403(a)(3),'' after ``403(a)(2),''.
(3) Data reports required with respect to families that
include an individual participating in subsidized employment
programs.--Section 411(a)(1)(A) (42 U.S.C. 611(a)(1)(A)) is
amended, in the matter before clause (i), by inserting ``, and
families that include an individual participating in subsidized
employment funded with Federal funds or qualified State
expenditures (as so defined)'' before the colon.
(e) Tribal Family Assistance Grants.--Section 412(a)(1) (42 U.S.C.
612(a)(1)) is amended--
(1) in subparagraph (A), by striking ``fiscal year 2012''
and inserting ``each fiscal year''; and
(2) in subparagraph (B)--
(A) by redesignating clause (ii) as clause (iii);
and
(B) by striking clause (i) and inserting the
following:
``(i) In general.--The amount determined
under this subparagraph for a fiscal year is an
amount equal to the sum of the adjusted
historic expenditures for the fiscal year with
respect to each State in which there lies a
service area of the Indian tribe is located.
``(ii) Adjusted historic expenditures
defined.--In clause (i), the term `adjusted
historic expenditures' means, with respect to a
fiscal year, a State, and an Indian tribe, the
total amount of the Federal payments to the
State under section 403 (as then in effect) for
fiscal year 1994 attributable to expenditures
(other than child care expenditures) by the
State under parts A and F (as so in effect) for
fiscal year 1994 for Indian families residing
in the service areas identified by the tribe
pursuant to subsection (b)(1)(C) of this
section that are in the State, increased by the
percentage (if any) by which the amount of the
grant payable under section 403(a)(1) for the
fiscal year to the State exceeds the amount of
the grant so payable to the State for fiscal
year 2010.''.
(f) Census Bureau Study.--Section 414 (42 U.S.C. 614) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--The Director of the Bureau of the Census shall
conduct a study to assess the effects of policies and programs related
to low-income families, including policies and programs under State
programs funded under this part or funded with qualified State
expenditures (as defined in section 409(a)(7)(B)(i)), including changes
and policies in such programs made pursuant to the Rewriting to Improve
and Secure an Exit Out of Poverty Act. The Director shall design the
study in consultation with the Secretary. Every 5 years, the Director
shall, in consultation with the Secretary, revise the content and
nature of the study to reflect emerging policy issues related to low-
income families.''; and
(2) in subsection (b), by striking ``fiscal year 2012'' and
inserting ``each fiscal year''.
(g) Funding of Studies and Evaluations.--Section 413(h)(1) (42
U.S.C. 613(h)(1)) is amended by striking ``fiscal year 2012'' and
inserting ``each fiscal year''.
(h) Matching Grants to Certain Territories.--Section 1108 (42
U.S.C. 1308) is amended--
(1) in subsection (a)(2), by inserting ``section 403(a)(1)
(to the extent exceeding the amount required to be so paid to
the territory for fiscal year 2011),'' before ``403(a)(2)'';
and
(2) in subsection (b)(2), by striking ``fiscal year 2012''
and inserting ``each fiscal year''.
SEC. 6. WORK REQUIREMENTS.
(a) Participation Rate Requirement.--Section 407 (42 U.S.C. 607) is
amended by striking subsections (a) and (b) and inserting the
following:
``(a) Participation Rate Requirement.--
``(1) In general.--A State to which a grant is made under
section 403 for a fiscal year shall achieve a minimum
participation rate of 50 percent with respect to all families
residing in the State that include a work-eligible individual.
``(2) Work-eligible individual defined.--
``(A) In general.--In subsection (a), the term
`work-eligible individual', subject to subparagraphs
(B) and (C), means--
``(i) an adult recipient of assistance
under the State program funded under this part
or under any other State program funded by
qualified State expenditures (as defined in
section 409(a)(7)(B)(i));
``(ii) a former recipient of such
assistance who is--
``(I) a parent of a dependent child
who is such a recipient; and
``(II) no longer eligible for
assistance under the State program
funded under this part by reason of
section 408(a)(7); and
``(iii) a participant in a subsidized
employment program funded under this part or
under any other State program funded by
qualified State expenditures (as defined in
section 409(a)(7)(B)(i)).
``(B) Exclusion of individuals sanctioned or
undergoing pre-sanction review.--The term `work-
eligible individual' does not include any individual
with respect to whom--
``(i) there is in effect a penalty imposed
by the State under subsection (e) of this
section; or
``(ii) the State has initiated (but not
completed) the pre-sanction review process
pursuant to section 408(a)(14)(A).
``(C) State option to exclude certain
individuals.--A State may exclude from the term `work-
eligible individual' any resident of the State who is--
``(i) a single parent caring for a child
who has not attained 1 year of age;
``(ii) a recipient of supplemental security
income benefits under title XVI, disability
insurance benefits under title II, or other
Federal or State benefits based on disability;
``(iii) an applicant for supplemental
security income benefits under title XVI;
``(iv) an individual who is needed in the
home of the individual to care for a disabled
member of the family of the individual; or
``(v) an individual who (but for the
exercise of the State option under this clause)
would be a work-eligible individual under a
tribal family assistance plan approved under
section 412 or under a tribal work program to
which funds are provided under this part.
``(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 rate.--For purposes of
paragraph (1), the participation rate of a State for a month,
expressed as a percentage, is--
``(A) the number of families residing in the State
that include a work-eligible individual who is engaged
in work for the month; divided by
``(B) the number of families residing in the State
that include a work-eligible individual.''.
(b) Participation Requirements.--Section 407(c) (42 U.S.C. 607(c))
is amended to read as follows:
``(c) Engaged in Work.--For purposes of subsection (b):
``(1) General rule.--An individual is engaged in work for a
month in a fiscal year if the recipient is participating in
work activities for an average of at least 20 hours per week
during the month.
``(2) Individuals complying with a modified employability
plan deemed to be engaged in work.--An individual is deemed to
be engaged in work for a month if the State determines that the
individual is in substantial compliance with the activities and
hourly participation requirements of a modified employability
plan developed for the individual in accordance with section
408(h).
``(3) Single teen head of household or married teen who
maintains satisfactory school attendance deemed to be engaged
in work.--An individual who is married or a head of household
and has not attained 20 years of age is deemed to be engaged in
work for a month if the recipient maintains satisfactory
attendance at secondary school or the equivalent during the
month.''.
(c) Elimination of 12-Month Limit on Counting Vocational
Educational Training as a Work Activity.--Section 407(d)(8) (42 U.S.C.
607(d)(8)) is amended by striking ``(not to exceed 12 months with
respect to any individual)''.
SEC. 7. WORK RULES.
(a) Option of Recipient To Have Trained Personnel Assess Certain
Barriers to Employment; Additional Matters Required To Be Assessed.--
Section 408(b)(1) (42 U.S.C. 608(b)(1)) is amended--
(1) by inserting ``(which, at the option of the recipient,
shall be conducted by trained personnel with respect to
barriers to employment specified by the recipient)'' after
``assessment''; and
(2) by striking ``and employability'' and inserting
``employability, physical and mental impairments, English
proficiency, child care needs, and whether the recipient is a
victim of domestic or sexual violence,''.
(b) Individual Responsibility Plans.--
(1) Plans required; plans to include well-being plans for
children.--Section 408(b)(2)(A) (42 U.S.C. 608(b)(2)(A)) is
amended--
(A) in the matter preceding clause (i), by striking
``may'' and inserting ``shall'';
(B) in clause (iv)--
(i) by inserting ``, supports,'' after
``counseling''; and
(ii) by striking ``and'' at the end;
(C) in clause (v), by striking the period and
inserting ``; and''; and
(D) by adding at the end the following:
``(vi) describe a well-being plan for each
child in the family.''.
(2) Deadline for completion of plan.--Section 408(b)(2)(B)
(42 U.S.C. 608(b)(2)(B)) is amended by striking ``individual--
'' and all that follows and inserting ``individual within 90
days after the individual is determined eligible for the
assistance.''.
(3) Sanction for failure of state to develop plan.--Section
409(a) (42 U.S.C. 609(a)), as amended by section 5(c)(2)(A) of
this Act, is amended by adding at the end the following:
``(16) Penalty for failure of state to develop required
individual responsibility plan.--
``(A) In general.--If the Secretary determines that
a State to which a grant is made under section 403 in a
fiscal year has violated section 408(b)(2) during the
fiscal year, the Secretary shall reduce the grant
payable to the State under section 403(a)(1) for the
immediately succeeding fiscal year by an amount equal
to not more than 5 percent of the State family
assistance grant.
``(B) Penalty based on severity of failure.--The
Secretary shall impose reductions under subparagraph
(A) with respect to a fiscal year based on the degree
of noncompliance.''.
(4) Conforming amendment.--Section 408(b) (42 U.S.C.
608(b)) is amended by striking paragraph (4).
(c) Modified Employability Plans for Certain Individuals With
Disabilities.--Section 408 (42 U.S.C. 608) is amended by adding at the
end the following:
``(h) Authority To Develop Modified Employability Plan for a
Recipient of Assistance With, or Caring for a Family Member With, a
Disability.--
``(1) In general.--A State may develop a modified
employability plan for a recipient of assistance under the
State program funded under this part--
``(A) who--
``(i) is a work-eligible individual (as
defined in section 407(a)(2)); and
``(ii) has been determined by a qualified
medical, mental health, addiction, or social
services professional (as determined by the
State) to have a disability; or
``(B) who is caring for a family member with a
disability (as so determined).
``(2) Contents of plan.--The modified employability plan
shall--
``(A) include a determination that, because of the
disability of the recipient or the individual for whom
the recipient is caring, reasonable modification of
work activities, hourly participation requirements, or
both, is needed in order for the recipient to
participate in the activities;
``(B) describe the modified work activities in
which the recipient is required to participate;
``(C) specify the number of hours per week for
which the recipient is required to participate in the
modified work activities, based on an evaluation by the
State of the circumstances of the family;
``(D) describe the services, supports, and
modifications that the State will provide to the
recipient or the family of the recipient;
``(E) be developed in cooperation with the
recipient; and
``(F) be reviewed not less often than every 6
months.
``(3) Definitions.--In this subsection:
``(A) Disability.--The term `disability' means a
mental or physical impairment, including substance
abuse or addiction, that--
``(i) constitutes or results in a
substantial impediment to employment; or
``(ii) substantially limits 1 or more major
life activities.
``(B) Modified work activities.--The term `modified
work activities' means activities which the State has
determined will help the recipient become
employable.''.
(d) Sanctions.--
(1) General sanction provisions.--
(A) Prohibition on imposing lifetime or full family
sanction.--
(i) Prohibition.--Section 408(a) (42 U.S.C.
608(a)) is amended by adding at the end the
following:
``(13) Prohibition on imposing lifetime or full family
sanction.--A State to which a grant is made under section 403
shall not impose a lifetime prohibition on the provision of
assistance to any individual or family under the State program
funded under this part or under a program funded with qualified
State expenditures (as defined in section 409(a)(7)(B)(i)) on
the basis of the failure of a member of the family to comply
with a program requirement.''.
(ii) Penalty.--Section 409(a) (42 U.S.C.
609), as amended by section 5(c)(2)(A) of this
Act and subsection (b)(3) of this section, is
amended by adding at the end the following:
``(17) Penalty for imposing lifetime or full family
sanction.--If the Secretary determines that a State to which a
grant is made under section 403 in a fiscal year has violated
section 408(a)(13) during the fiscal year, the Secretary shall
reduce the grant payable to the State under section 403(a)(1)
for the immediately succeeding fiscal year by an amount equal
to 5 percent of the State family assistance grant.''.
(B) Due process protections.--
(i) In general.--Section 408(a) (42 U.S.C.
608(a)), as amended by subparagraph (A)(i) of
this paragraph, is amended by adding at the end
the following:
``(14) Sanction procedures.--
``(A) Pre-sanction review process.--Before imposing
a sanction against an individual or family receiving
assistance under the State program funded under this
part or under a program funded with qualified State
expenditures (as defined in section 409(a)(7)(B)(i))
for failure to comply with program requirements, the
State shall take the following steps:
``(i) Provide or send notice to the
individual or family, and, if the recipient's
native language is not English, through a
culturally competent written or verbal
translation, of the following information:
``(I) The specific reason for the
proposed sanction.
``(II) The amount of the proposed
sanction.
``(III) The length of time during
which the proposed sanction would be in
effect.
``(IV) The steps required to come
into compliance or to show good cause
for noncompliance.
``(V) That the agency will provide
assistance to help the individual
demonstrate good cause for
noncompliance, or come into compliance
with program requirements.
``(VI) That the individual may
appeal the determination to impose a
sanction, and the steps that the
individual must take to pursue such an
appeal.
``(ii)(I) Ensure that, subject to clause
(iii)--
``(aa) an individual, other than
the individual who determined that a
sanction be imposed, will review the
determination and have the authority to
take the actions described in subclause
(II); and
``(bb) the individual or family
against whom the sanction is to be
imposed shall be afforded the
opportunity to meet with the individual
who is reviewing the determination to
impose the sanction.
``(II) The action described in this
subclause are the following:
``(aa) Modify the determination to
impose a sanction.
``(bb) Determine that there was
good cause for the failure to comply.
``(cc) Recommend modifications to
the individual responsibility or
employment plan of an individual.
``(dd) Make such other
determinations and take such other
actions as may be appropriate.
``(iii) The review required under clause
(ii) shall include consideration of the
following:
``(I) To the extent applicable,
whether barriers to compliance exist,
such as a physical or mental impairment
(including mental illness, substance
abuse, mental retardation, or a
learning disability), domestic or
sexual violence, limited proficiency in
English, limited literacy,
homelessness, or the need to care for a
child with a disability or health
condition, that contributed to the
noncompliance.
``(II) Whether the noncompliance
resulted from failure to receive or
have access to services identified as
necessary in an individual
responsibility or employment plan.
``(III) Whether changes to the
individual responsibility or employment
plan of an individual should be made in
order for the individual to come into
compliance.
``(IV) Whether there is good cause
for any noncompliance.
``(V) Whether the sanction policies
of the State have been applied
properly.
``(B) Sanction follow-up requirements.--If a State
imposes a sanction on a family or individual for
failing to comply with program requirements, the State
shall--
``(i) provide or send notice to the
individual or family, in language calculated to
be understood by the individual or family, and,
if the individual's or family's native language
is not English, through a culturally competent
translation, of the reason for the sanction and
the steps the individual or family must take to
end the sanction;
``(ii) resume full assistance, services, or
benefits to the individual or family under the
program (if the individual or family is
otherwise eligible for the assistance,
services, or benefits) once the individual who
was not in compliance with program requirements
that led to the sanction complies with the
requirements for a reasonable period of time,
as determined by the State and subject to State
discretion to reduce the period; and
``(iii) if the State has not resumed
providing the assistance, services, or benefits
as of the end of the 120-day period that begins
on the date that is 60 days after the date on
which the sanction was imposed, provide notice
to the individual or family, in language
calculated to be understood by the individual
or family, of the steps the individual or
family must take to end the sanction, and of
the availability of assistance to come into
compliance or demonstrate good cause for
noncompliance.
``(C) Notice to evicted persons.--The State shall
make a reasonable effort to provide to an individual or
family that has been evicted from a residence for
failure to pay rent or as a result of another problem
related to poverty, any notice required by this
paragraph to be provided to the individual or
family.''.
(ii) Penalty.--Section 409(a) (42 U.S.C.
609(a)), as amended by section 5(c)(2)(A) of
this Act, subsection (b)(3) of this section,
and subparagraph (A)(ii) of this paragraph, is
amended by adding at the end the following:
``(18) Penalty for failure to follow sanction procedures.--
``(A) In general.--If the Secretary determines that
a State to which a grant is made under section 403 in a
fiscal year has violated section 408(a)(14) during the
fiscal year, the Secretary shall reduce the grant
payable to the State under section 403(a)(1) for the
immediately succeeding fiscal year by an amount equal
to not more than 5 percent of the State family
assistance grant.
``(B) Penalty based on severity of failure.--The
Secretary shall impose reductions under subparagraph
(A) with respect to a fiscal year based on the degree
of noncompliance.''.
(iii) State plan requirement to describe
how states will notify applicants and
recipients of their rights under the program
and of potential benefits and services
available under the program.--Section
402(a)(1)(B)(iii) (42 U.S.C. 602(a)(1)(B)(iii))
is amended by inserting ``, and will notify
applicants and recipients of assistance under
the program of the rights of individuals under
all laws applicable to program activities and
of all potential benefits and services
available under the program'' before the
period.
(2) Modifications to work sanction.--
(A) Elimination of full family sanction; state
required to establish certain good cause exceptions.--
Section 407(e)(1) (42 U.S.C. 607(e)(1)) is amended--
(i) by striking ``shall--'' and all that
follows through subparagraph (B) and inserting
``shall reduce the amount of assistance
otherwise payable to the family pro rata with
respect to any period during a month in which
the individual so refuses,''; and
(ii) by striking ``may establish'' and
inserting the following ``shall establish,
which shall include the decline of an offer of
employment at a wage less than the greater of
the applicable Federal or State minimum wage,
or 80 percent of the wage that would have
governed had the minimum hourly rate under the
Fair Labor Standards Act been applicable to the
offer of employment, at a site subject to a
strike or lockout at the time of refusal, or
for medical reasons or a lack of sufficient
physical strength or stamina''.
(B) Prohibition on sanctioning individual for
failure to engage in work if individual has a child
under age 6 months or if failure results from inability
to secure child care or after-school arrangements for a
child under age 13.--Section 407(e)(2) (42 U.S.C.
607(e)(2)) is amended by striking ``refusal'' and all
that follows and inserting ``failure of an individual
to engage in work required in accordance with this
section if--
``(A) the individual is a single custodial parent
caring for a child who has not attained 6 months of
age; or
``(B) the individual is the single custodial parent
caring for a child who has not attained 13 years of
age, and the failure resulted from the inability of the
individual to secure child care or after-school
arrangements for the child''.
(3) Modifications to child support sanction.--Section
408(a)(2) (42 U.S.C. 608(a)(2)) is amended by striking
``State--'' and all that follows and inserting ``State shall
deduct from the assistance that would otherwise be provided to
the family of the individual under the State program funded
under this part an amount equal to 25 percent of the amount of
the assistance.''.
(e) Related State Plan Requirement.--Section 402(a) (42 U.S.C.
602(a)) is amended by adding at the end the following:
``(8) Certification that employment assessments and
sanction reviews will be conducted by competent personnel.--A
certification by the chief executive officer of the State that
the employment assessments conducted pursuant to section
408(b)(1) and the sanction reviews conducted pursuant to
section 408(a)(14)(A) will be conducted by personnel who have
sufficient education, training, and professional competence to
do so, which shall include information on the education,
training, and professional competence that State will require
of the personnel.''.
SEC. 8. PROHIBITION ON IMPOSING LIMIT OF LESS THAN 60 MONTHS ON
DURATION OF ASSISTANCE.
(a) Prohibition.--
(1) In general.--Section 408(a)(7) (42 U.S.C. 608(a)(7)) is
amended--
(A) in the paragraph heading, by striking ``No
assistance for more than 5 years'' and inserting
``Durational limits on assistance'';
(B) in the heading for subparagraph (A), by
striking ``In general'' and inserting ``No assistance
for more than 5 years''; and
(C) by adding at the end the following:
``(H) Prohibition on limiting duration of
assistance to less than 60 months.--A State to which a
grant is made under section 403 shall not impose a
limit of less than 60 months on the duration for which
a family may be provided assistance from Federal or
State funds under the State program funded under this
part or under a program funded with qualified State
expenditures (as defined in section
409(a)(7)(B)(i)).''.
(2) Conforming amendment.--The heading of section 409(a)(9)
(42 U.S.C. 609(a)(9)) is amended by striking ``5-year limit''
and inserting ``rules governing durational limits''.
(b) Requirement To Conduct Outreach To Inform Potentially Eligible
Families of Elimination of Durational Limit on Assistance of Less Than
60 Months.--
(1) In general.--Section 408(a) (42 U.S.C. 608(a)), as
amended by section 7(d)(1) of this Act, is amended by adding at
the end the following:
``(15) Requirement to conduct outreach to inform
potentially eligible recipients of assistance of elimination of
durational limit on assistance of less than 60 months.--A State
to which a grant is made under section 403 for a fiscal year
that, before the effective date of this paragraph, denied
assistance under the State program funded under this part or
any other State program funded by qualified State expenditures
(as defined in section 409(a)(7)(B)(i)) to an individual or
family on the basis of a durational limit on the assistance
that was imposed other than under section 408(a)(7) shall
conduct outreach to inform individuals and families who were so
denied that they may be eligible for additional months of the
assistance.''.
(2) Penalty.--Section 409(a) (42 U.S.C. 609(a)), as amended
by sections 5(c)(2)(A) and 7(d)(1) of this Act, is amended by
adding at the end the following:
``(19) Failure to conduct outreach to inform potentially
eligible recipients of assistance of elimination of durational
limit on assistance of less than 60 months.--If the Secretary
determines that a State to which a grant is made under section
403 in a fiscal year has violated section 408(a)(15) during the
fiscal year, the Secretary shall reduce the grant payable to
the State under section 403(a)(1) for the immediately
succeeding fiscal year by an amount equal to 5 percent of the
State family assistance grant.''.
(c) State Plan Required To Include Description of How Potentially
Eligible Recipients Will Be Informed of Elimination of Durational Limit
on Assistance of Less Than 60 Months.--Section 402(a)(1)(B) (42 U.S.C.
602(a)(1)(B)) is amended by adding at the end the following:
``(vi) In the case of a State that, before
the date this clause takes effect, denied
assistance under the program to an individual
or family on the basis of a durational limit on
the assistance that was imposed other than
under section 408(a)(7), the document shall
describe how the State intends to inform the
individuals and families who were so denied
that they may be eligible for additional months
of the assistance.''.
SEC. 9. RESPONSE OF TANF PROGRAM TO ECONOMIC RECESSIONS.
(a) Inapplicability of Durational Limit on Assistance.--Section
408(a)(7) (42 U.S.C. 608(a)(7)), as amended by section 8(a)(1)(C) of
this Act, is amended by adding at the end the following:
``(I) Inapplicability of durational limit during
recession.--Subparagraph (A) shall not apply in a State
during any month which is in a high unemployment period
with respect to the State.
``(J) Disregard of assistance provided during
recession.--In determining the number of months for
which an adult has received assistance under a State or
tribal program funded under this part or any other
State program funded by qualified State expenditures
(as defined in section 409(a)(7)(B)(i)), the State or
tribe shall disregard any month which is in a high
unemployment period with respect to the State.
``(K) 6-month grace period required after
recession.--Subparagraph (A) shall not apply to a
recipient of assistance under the State program funded
under this part or any other State program funded by
qualified State expenditures (as defined in section
409(a)(7)(B)(i)) during the 6-month period that begins
with the month immediately following a high
unemployment period with respect to the State if the
recipient received the assistance for the last month of
the period.''.
(b) Requirement To Conduct Outreach To Inform Potentially Eligible
Families of Suspension of Durational Limit on Assistance.--
(1) In general.--Section 408(a) (42 U.S.C. 608(a)), as
amended by sections 7(d)(1) and 8(b)(1) of this Act, is amended
by adding at the end the following:
``(16) Requirement to conduct outreach to inform
potentially eligible recipients of assistance of suspension of
durational limit on assistance.--In each month which is a high
unemployment period with respect to a State to which a grant is
made under section 403 for a fiscal year, the State shall
conduct outreach to inform individuals and families who are
potentially eligible for assistance under the State program
funded under this part or any other State program funded by
qualified State expenditures (as defined in section
409(a)(7)(B)(i)) of the suspension of any durational limit on
assistance under the program.''.
(2) Penalty.--Section 409(a) (42 U.S.C. 609(a)), as amended
by sections 5(c)(2)(A), 7(d)(1), and 8(b)(2) of this Act, is
amended by adding at the end the following:
``(20) Failure to conduct outreach to inform potentially
eligible recipients of assistance of suspension of durational
limit on assistance.--If the Secretary determines that a State
to which a grant is made under section 403 in a fiscal year has
violated section 408(a)(16) during the fiscal year, the
Secretary shall reduce the grant payable to the State under
section 403(a)(1) for the immediately succeeding fiscal year by
an amount equal to 5 percent of the State family assistance
grant.''.
(c) State Plan Required To Include Description of How Potentially
Eligible Recipients Will Be Informed of Suspension of Time Limits
During Recession.--Section 402(a)(1)(B) (42 U.S.C. 602(a)(1)(B)), as
amended by section 8(c) of this Act, is amended by adding at the end
the following:
``(vii) The document shall describe how the
State intends to inform potentially eligible
recipients of assistance under the program of
the suspension of durational limits on the
assistance during a high unemployment period
with respect to the State.''.
(d) High Unemployment Period Defined.--Section 419 (42 U.S.C. 619)
is amended by adding at the end the following:
``(6) High unemployment period defined.--The term `high
unemployment period' means, with respect to a State, a period
of 1 or more consecutive months if the average rate of total
unemployment in the State (seasonally adjusted) for the period
consisting of the then most recent 3 months for which data for
all States are published equals or exceeds 6.5 percent.''.
SEC. 10. REQUIREMENT THAT STATES USE MERIT-BASED SYSTEM IN
ADMINISTRATION OF TANF PROGRAMS.
(a) Program Requirement.--Section 408(a) (42 U.S.C. 608(a)), as
amended by sections 7(d)(1), 8(b)(1), and 9(b)(1) of this Act, is
amended by adding at the end the following:
``(17) Requirement to use merit-based system in
administering program.--A State to which a grant is made under
section 403 shall establish and maintain personnel standards
through a merit-based system, in administering the State
program funded under this part and any other State program
funded by qualified State expenditures (as defined in section
409(a)(7)(B)(i)).''.
(b) Penalty.--Section 409(a) (42 U.S.C. 609), as amended by
sections 5(c)(2)(A), 7(d)(1), 8(b)(2), and 9(b)(2) of this Act, is
amended by adding at the end the following:
``(21) Penalty for failure to use merit-based system in
administering program.--If the Secretary determines that a
State to which a grant is made under section 403 in a fiscal
year has violated section 408(a)(17) during the fiscal year,
the Secretary shall reduce the grant payable to the State under
section 403(a)(1) for the immediately succeeding fiscal year by
an amount equal to 5 percent of the State family assistance
grant.''.
SEC. 11. BAN ON USING FEDERAL TANF FUNDS TO REPLACE STATE AND LOCAL
SPENDING THAT DOES NOT MEET THE DEFINITION OF QUALIFIED
STATE EXPENDITURES.
(a) Prohibition.--Section 408(a) (42 U.S.C. 608(a)), as amended by
sections 7(d)(1), 8(b)(1), 9(b)(1), and 10(a) of this Act, is amended
by adding at the end the following:
``(18) Ban on using federal tanf funds to replace state or
local spending that is not a qualified state expenditure.--A
State to which a grant is made under section 403, and a sub-
State entity that receives funds from such a grant, shall not
expend any part of the grant funds to supplant State or local
spending for benefits or services which are not qualified State
expenditures (within the meaning of section
409(a)(7)(B)(i)).''.
(b) Penalty.--Section 409(a) (42 U.S.C. 609), as amended by
sections 5(c)(2)(A), 7(d)(1), 8(b)(2), 9(b)(2), and 10(b) of this Act,
is amended by adding at the end the following:
``(22) Use of federal tanf funds to replace state or local
spending that is not a qualified state expenditure.--If the
Secretary determines that a State to which a grant is made
under section 403 in a fiscal year has violated section
408(a)(18) during the fiscal year, the Secretary shall reduce
the grant payable to the State under section 403(a)(1) for the
immediately succeeding fiscal year by an amount equal to 5
percent of the State family assistance grant.''.
SEC. 12. TANF ASSISTANCE TO MEET BASIC FAMILY ECONOMIC NEEDS.
(a) State Plan Requirement.--Section 402(a)(1)(B) (42 U.S.C.
602(a)(1)(B)), as amended by sections 8(c) and 9(d) of this Act, is
amended by adding at the end the following:
``(viii) Family budget provisions.--The
document shall set forth a family budget of a
dollar amount sufficient to meet the basic
economic needs (including food, clothing,
shelter, utilities, household goods, personal
care items, and general incidental expenses) of
a family, how the family budget is adjusted for
family size, the method used to estimate the
family budget (including a statement of the
relationship between shelter and utility costs
and the fair market rents in localities in the
State), and the relationship between the amount
of assistance provided to each family under the
program and the amount of the family budget for
the family.''.
(b) Program Requirement.--Section 408(a) (42 U.S.C. 608(a)), as
amended by sections 7(d)(1), 8(b)(1), 9(b)(1), 10(a), and 11(a) of this
Act, is amended by adding at the end the following:
``(19) Requirement that amount of assistance meet basic
economic needs.--A State to which a grant is made under section
403 shall ensure that the total amount of assistance provided
to a family under the State program funded under this part and
all programs funded with qualified State expenditures (as
defined in section 409(a)(7)(B)(i)) for which the family is
eligible is sufficient to meet the basic economic needs of the
family, taking into account all earned and unearned income of
the family and an amount not to exceed the value of the
supplemental nutrition assistance benefits provided to the
family under the Food and Nutrition Act of 2008.''.
(c) Penalty.--Section 409(a) (42 U.S.C. 609), as amended by
sections 5(c)(2)(A), 7(d)(1), 8(b)(2), 9(b)(2), 10(b), and 11(b) of
this Act, is amended by adding at the end the following:
``(23) Penalty for failure of state tanf assistance to meet
basic economic needs of a recipient family.--If the Secretary
determines that a State to which a grant is made under section
403 in a fiscal year has violated section 408(a)(19) during the
fiscal year, the Secretary shall reduce the grant payable to
the State under section 403(a)(1) for the immediately
succeeding fiscal year by an amount equal to 5 percent of the
State family assistance grant.''.
SEC. 13. STATE PLANS AND REPORTS ON CHILD POVERTY.
(a) Child Poverty Reduction as a Purpose of the TANF Program.--
Section 401(a)(1) (42 U.S.C. 601(a)(1)) is amended by redesignating
paragraphs (1) through (4) as paragraphs (2) through (5), respectively,
and by inserting before paragraph (2) (as so redesignated) the
following:
``(1) reduce poverty among children;''.
(b) State Plan Provisions.--
(1) Matters required to be addressed.--Section 402(a)(1)(A)
(42 U.S.C. 602(a)(1)(A)) is amended by adding at the end the
following:
``(ix) Goals and methods for reducing child
poverty.--Reduce child poverty using Federal
funds provided under this part and State funds,
including establishing numerical goals for
reducing child poverty.
``(x) Goals and tracking of work
outcomes.--Track work-related outcomes for
recipients of assistance under the program,
such as employment entries, wages, and job
retention, including establishing numerical
goals for work-related outcomes for recipients.
``(xi) Provide preventative services to
families at-risk of abuse or neglect.--Provide
benefits and services to families at-risk of
having their children removed from the home
because of abuse and neglect, using Federal
funds provided under this part and State funds.
``(xii) How noncustodial parents will be
served.--Serve noncustodial parents, using
Federal funds provided under this part and
State funds.''.
(2) Public availability.--Section 402(c) (42 U.S.C. 602(c))
is amended to read as follows:
``(c) Public Availability.--
``(1) In general.--The State shall make available to the
public, including by posting on a public website of the State
or another appropriate website--
``(A) each draft of any plan or plan amendment to
be submitted by the State under this section, for at
least 45 days before the submission; and
``(B) any such plan or amendment certified by the
Secretary to be complete.
``(2) Procedures.--The State shall establish procedures to
receive and respond to comments from the public, private sector
organizations, and local governments on any draft referred to
in paragraph (1).''.
(c) Annual Performance Report.--Section 411 (42 U.S.C. 611) is
amended by adding at the end the following:
``(e) Annual Performance Report by States.--Not later than December
31 of each year, each eligible State shall submit to the Secretary (in
accordance with such form and content rules as the Secretary, in
consultation with the National Governor's Association, National
Association of State Legislatures, and the American Public Human
Services Association, develops) a report on the following aspects of
the State program funded under this part in the preceding fiscal year:
``(1) Whether the State met the child poverty reduction
goals set forth in the State plan. This part of the report
shall include a discussion of the factors, including benefits,
services, and activities funded with Federal funds provided
under this part or State funds, which contributed to the
meeting of, or the failure to meet, the goals.
``(2) Whether the work programs of the State were effective
in meeting the objectives and numerical goals of the State
plan. This part of the report shall include a discussion of
data derived from the tracking of recipients, including--
``(A) the number of families that left the State
program funded under this part;
``(B) the employment rate for those who left the
program in each calendar quarter;
``(C) the wage rates of those who left the program,
including the percentage of leavers who, in each
calendar quarter, earned an amount equal to at least 50
percent of the average wage then paid in the State; and
``(D) the employment outcomes of those who left the
program because of a durational limit on assistance,
reported at 6 months, 12 months, 24 months, and 36
months after leaving the program.
The Secretary shall provide States with technical assistance in
preparing this part of the report, including by providing
States with data from the National Directory of New Hires.
``(3) Whether the State has been effective in providing
benefits and services under the program to persons with
disabilities. This part of the report shall include a report on
recipients of assistance under the State program funded under
this part who participated in work activities (as defined in
section 407(d)) pursuant to a modified employability plan due
to disability, including the following:
``(A) The aggregate number of recipients with
modified employability plans due to a disability.
``(B) The percentage of all recipients with
modified employability plans who substantially complied
with activities set forth in the plans each month of
the fiscal year.
``(C) Information regarding the most prevalent
types of physical and mental impairments that provided
the basis for the disability determinations.
``(D) The percentage of cases with a modified
employability plan in which the recipient had a
disability, was caring for a child with a disability,
or was caring for another family member with a
disability.
``(E) A description of the most prevalent types of
modification in work activities or hours of
participation that were included in the modified
employability plans.
``(F) A description of the qualifications of the
staff who determined whether individuals had a
disability, of the staff who determined that
individuals needed modifications to their work
requirements, and of the staff who developed the
modified employability plans.
``(4) The effectiveness of the benefits and services
provided under the State program in reducing the number of
children removed from their homes because of abuse and neglect.
This part of the report shall include an analysis which
includes the following:
``(A) The number of families provided the benefits
or services that were at risk of having their children
removed from the home.
``(B) The number of families served by the program
that had 1 or more children removed from the home
because of abuse or neglect.
``(5) An analysis of the extent to which the benefits and
services under the State program were provided to noncustodial
parents.
``(6) How funds provided to the State under this part, with
a separate accounting for funds provided under section
403(a)(3) and funds provided under section 403(b), were used to
serve areas of the State with the greatest need (as referred to
in section 402(a)(1)(A)(i)). This part of the report shall
include supporting data.''.
(d) Annual Report to Congress on the Efforts of State Programs To
Promote and Support Employment for Individuals With Disabilities.--
Section 411 (42 U.S.C. 611), as amended by subsection (c) of this
section, is amended by adding at the end the following:
``(f) Report by Secretary.--Not later than July 31 of each fiscal
year, the Secretary shall submit to the Congress a report, entitled
`Efforts in State TANF Programs to Promote and Support Employment for
Individuals with Disabilities', that includes information on State
efforts to engage individuals with disabilities in work activities
during the preceding fiscal year. The report shall include the
following information:
``(1) For each State, the number of individuals for whom
the State has developed a modified employability plan.
``(2) The types of physical and mental impairments that
provided the basis for the disability determination, and
whether the individual with the disability was an adult
recipient or minor child head of household, a child, or a non-
recipient family member.
``(3) The types of modifications that States have included
in modified employability plans.
``(4) The extent to which individuals with a modified
employability plan are participating in work activities.
``(5) For each State, an analysis of the extent to which
the option to establish modified employability plans was a
factor in the State achieving or not achieving the minimum
participation rate required by section 407(a).''.
(e) Report to Congress on Legislative Options To Reward States With
High Employment Rates and High Rates of Employment at Good Wages.--
Within 4 years after the effective date of this section, the Secretary
of Health and Human Services shall submit to the Congress a report that
sets forth options for the enactment of legislation to provide
financial or other rewards to States that have high rates of employment
and high rates of employment at good wages.
SEC. 14. REQUIREMENT THAT STATES ADOPT STANDARDS AND PROCEDURES TO
ADDRESS DOMESTIC AND SEXUAL VIOLENCE AMONG TANF
RECIPIENTS.
(a) In General.--Section 402(a)(7) (42 U.S.C. 602(a)(7)) is
amended--
(1) by striking the paragraph heading and inserting
``Certification of standards and procedures regarding domestic
and sexual violence'';
(2) by striking subparagraph (A) and inserting the
following:
``(A) In general.--A certification by the chief
executive officer of the State that the State has
established and is enforcing standards and procedures
to ensure the right and entitlement of victims of
domestic or sexual violence (notwithstanding section
401(b)) seeking or receiving assistance under the State
program funded under this part or any other State
program funded by qualified State expenditures (as
defined in section 409(a)(7)(B)(i))--
``(i) to be screened and identified while
maintaining the confidentiality of the victims;
``(ii) to be referred to counseling and
supportive services;
``(iii) to be granted a waiver, pursuant to
a determination of good cause, of program
requirements such as time limits (for so long
as necessary), residency requirements, child
support cooperation requirements, and family
cap provisions, in cases where compliance with
the requirements would make it more difficult
for the victims to escape domestic or sexual
violence or unfairly penalize the victims or
other individuals who are at risk of further
domestic or sexual violence;
``(iv) to apply to participate in the
program on the same day the victim appears in
person in a program office during office hours;
``(v) to have an application that contains
the name, address, and signature of the victim
considered to be filed on the date the
application is submitted;
``(vi) to receive at the time of
application a clear, written statement
explaining what the victim must do to cooperate
in obtaining verification and otherwise
completing the application process; and
``(vii) if the victim has completed the
application process, to have the eligibility of
the victim for assistance determined promptly,
and to be provided assistance retroactive to
the application date if determined eligible
within 30 days after the application date.'';
and
(3) in subparagraph (B)--
(A) in the subparagraph heading, by inserting ``or
sexual'' after ``Domestic''; and
(B) in the text, by inserting ``or sexual'' after
``domestic''.
(b) Report to the Congress on Best Practices of States.--Section
413 (42 U.S.C. 613) is amended by adding at the end the following:
``(k) Report to Congress on Best Practices of States in Addressing
Domestic and Sexual Violence Suffered by TANF Recipients.--Every 4
years, the Secretary shall prepare and submit to the Congress a report
which examines the practices of States in implementing section
402(a)(7), and identifies the best practices used to do so.''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2013.
SEC. 15. CHILD CARE ENTITLEMENT.
(a) Replacement of Requirement That Portion of Funds Be Used for
Certain Populations With Child Care Guarantee.--Section 418(b)(2) (42
U.S.C. 618(b)(2)) is amended to read as follows:
``(2) Child care to be guaranteed for certain
populations.--As a condition of receiving funds under this
section, a State shall guarantee the provision of child care
services to--
``(A) each recipient of assistance under the State
program funded under this part or under a State program
funded with qualified State expenditures (as defined in
section 409(a)(7)(B)(i)) of this Act, and to each work-
eligible individual (as defined in section 407(a)(2) of
this Act), for any period in which the recipient or
individual is--
``(i) participating in a work activity (as
defined in section 407(d) of this Act);
``(ii) employed, and in a family the total
income of which does not exceed 250 percent of
the poverty line (within the meaning of section
673(2) of the Omnibus Budget Reconciliation Act
of 1981, including any revision required by
such section applicable to a family of the size
involved); or
``(iii) engaged in employment subsidized by
the State; or
``(B) each individual who is a former recipient of
assistance under such a program or a former work-
eligible individual, for any portion of the 24-month
period, beginning with the date the individual left the
program involved, in which the individual is employed
and in a family that meets the income requirement of
subparagraph (A)(ii).''.
(b) Elimination of State Caps.--Section 418(a) (42 U.S.C. 618(a))
is amended--
(1) in paragraph (2)--
(A) by striking subparagraphs (B) and (D) and
redesignating subparagraph (C) as subparagraph (B); and
(B) in subparagraph (B) (as so redesignated), by
striking ``the lesser of the State's allotment under
subparagraph (B) or''; and
(2) in paragraph (5), by striking ``(2)(C)'' and inserting
``(2)(B)''.
(c) Open-Ended Entitlement.--Section 418(a) (42 U.S.C. 618(a)) is
amended--
(1) in paragraph (1), by striking ``Subject to the amount
appropriated under paragraph (3), each'' and inserting
``Each''; and
(2) in paragraph (3), by striking ``appropriated--'' and
all that follows and inserting ``appropriated such sums as are
necessary to carry out this section for each fiscal year.''.
(d) Use of Funds in Accordance With Child Care and Development
Block Grant Act of 1990 Except as Required by Child Care Guarantee.--
Section 418(c) (42 U.S.C. 618(c)) is amended by inserting ``except to
the extent that such a requirement or limitation would interfere with
the provision of child care services required by subsection (b)(2)''
before the period.
SEC. 16. CHILD SUPPORT ENFORCEMENT.
(a) Elimination of Ban on Providing Assistance to Families Not
Assigning Certain Support Rights to the State.--
(1) In general.--Section 408(a) (42 U.S.C. 608(a)) is
amended by striking paragraph (3).
(2) Conforming amendments.--The following provisions are
each amended by inserting after ``section 408(a)(3)'' the
following: ``(as in effect before the effective date of the
amendments made by section 10(a) of the Rewriting to Improve
and Secure an Exit Out of Poverty Act took effect)'':
(A) Section 452(a)(10)(C) (42 U.S.C.
652(a)(10)(C)).
(B) Section 452(h) (42 U.S.C. 652(h)).
(C) Section 454(5)(A) (42 U.S.C. 654(5)(A)).
(D) Section 456(a)(1) (42 U.S.C. 656(a)(1)).
(E) Section 457(a)(2)(B)(i) (42 U.S.C.
657(a)(2)(B)(i)).
(F) Section 457(a)(3)(A) (42 U.S.C. 657(a)(3)(A)).
(G) Section 457(a)(3)(B) (42 U.S.C. 657(a)(3)(B)).
(H) Section 464(a)(1) (42 U.S.C. 664(a)(1)).
(I) Section 466(a)(3)(B) (42 U.S.C. 666(a)(3)(B)).
(b) Requirement That All Child Support Collected on Behalf of a
Child in a Family Receiving TANF Be Distributed to the Family.--
(1) In general.--Section 457 (42 U.S.C. 657) is amended--
(A) in subsection (c)(1), by striking ``means--''
and all that follows through ``(B) foster'' and
inserting ``means foster''; and
(B) by adding at the end the following:
``(f) Notwithstanding the preceding provisions of this section, all
amounts collected by a State as child support on behalf of a child in a
family that is receiving assistance under the State program funded
under part A or under the State plan approved under part A of this
title (as in effect on the day before the date of the enactment of the
Personal Responsibility and Work Opportunity Reconciliation Act of
1996) shall be distributed to the family.''.
(2) Conforming amendments.--Section 458(b)(5)(C)(i)(I) (42
U.S.C. 658(b)(5)(C)(i)(I)) is amended--
(A) by inserting ``is collected on behalf of a
child described in section 457(f) or'' after
``involved''; and
(B) by striking ``A or''.
SEC. 17. STATE OPTION TO EXTEND ELIGIBILITY FOR ASSISTANCE TO CHILDREN
THROUGH AGE 21; PROHIBITION ON CONSIDERING FINANCIAL AID
TIED TO EDUCATION OF CHILD IN DETERMINING ELIGIBILITY
FOR, OR AMOUNT OF ASSISTANCE; PROHIBITION ON IMPOSING
ADDITIONAL REQUIREMENTS BASED ON EDUCATIONAL ENROLLMENT
OF CHILD.
(a) State Option To Extend TANF to Children Under Age 22.--Section
419(2) (42 U.S.C. 619(2)) is amended--
(1) by striking ``or'' at the end of subparagraph (A);
(2) by striking the period at the end of subparagraph (B)
and inserting ``; or''; and
(3) by adding at the end the following:
``(C) at the option of the State, has not attained 22 years
of age.''.
(b) Ban on Considering Financial Aid Tied to Education of Child in
Determining Eligibility for, or Amount of Assistance; Ban on Imposing
Additional Requirements Based on Educational Enrollment of Child.--
(1) Prohibitions.--Section 408(a) (42 U.S.C. 608(a)), as
amended by sections 5(c)(2)(A), 7(d)(1), 8(b)(1), 9(b)(1),
10(a), 11(a), and 12(b) of this Act, is amended by adding at
the end the following:
``(20) Ban on considering financial aid tied to education
of child in determining eligibility for, or amount of
assistance; ban on imposing additional requirements based on
educational enrollment of child.--A State to which a grant is
made under section 403 for a fiscal year shall not--
``(A) consider financial aid tied to the training,
school attendance, or postsecondary school attendance
of a minor child in determining that the eligibility of
the family of the child for, or the amount of
assistance to be provided to the family, under the
State program funded under this part or any other State
program funded by qualified State expenditures (as
defined in section 409(a)(7)(B)(i)); or
``(B) impose additional requirements on a family
solely because the family includes a minor child who is
enrolled in a training program, school, or post-
secondary educational institution.''.
(2) Penalty.--Section 409(a) (42 U.S.C. 609), as amended by
sections 5(c)(2)(A), 7(d)(1), 8(b)(2), 9(b)(2), 10(b), 11(b),
and 12(c) of this Act, is amended by adding at the end the
following:
``(24) Considering educational enrollment of child or of
financial aid tied to education of child.--If the Secretary
determines that a State to which a grant is made under section
403 in a fiscal year has violated section 408(a)(20) during the
fiscal year, the Secretary shall reduce the grant payable to
the State under section 403(a)(1) for the immediately
succeeding fiscal year by an amount equal to 5 percent of the
State family assistance grant.''.
SEC. 18. ELIMINATION OF CERTAIN OTHER BARS TO TANF ASSISTANCE.
(a) Bar on Assistance for Persons Convicted of Drug Felonies.--
Section 115 of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (21 U.S.C. 862a) is amended--
(1) in the section heading by striking ``assistance and''
and inserting ``supplemental nutrition assistance'';
(2) in subsection (a), by striking ``for--'' and all that
follows through ``(2) benefits'' and inserting ``for
benefits'';
(3) in subsection (b), by striking all through ``The amount
of benefits'' and inserting the following:
``(b) Effects on Benefits for Others.--The amount of benefits'';
(4) in subsection (c), by striking ``assistance or''; and
(5) in subsection (e), by striking ``it--'' and all that
follows through ``in section 3(s)'' and inserting ``it in
section 3(s)''.
(b) Bar on Assistance for Unwed Teen Parents Not in School.--
Section 408(a) (42 U.S.C. 608(a)) is amended by striking paragraph (4).
(c) Bar on Assistance for Teens Not in an Adult-Supervised Living
Arrangement.--Section 408(a) (42 U.S.C. 608(a)) is amended by striking
paragraph (5).
(d) Redesignation of Provisions.--
(1) In general.--Section 408(a) (42 U.S.C. 608(a)), as
amended by the preceding provisions of this Act, is amended by
redesignating paragraphs (6) through (20) as paragraphs (3)
through (17), respectively.
(2) Conforming amendments.--
(A) Section 402(a)(7)(B) (42 U.S.C. 602(a)(7)(B))
is amended by striking ``408(a)(7)(C)(iii)'' and
inserting ``408(a)(4)(C)(iii)''.
(B) Section 403(a)(5)(C)(ii)(II) (42 U.S.C.
603(a)(5)(C)(ii)(II)) is amended by striking
``408(a)(7)(C)'' and inserting ``408(a)(4)(C)''.
(C) Section 403(a)(5)(C)(v) (42 U.S.C.
603(a)(5)(C)(v)) is amended by striking ``408(a)(7)''
and inserting ``408(a)(4)''.
(D) Section 409(a)(7)(B)(i)(IV) (42 U.S.C.
609(a)(7)(B)(i)(IV)) is amended by striking
``408(a)(7)'' and inserting ``408(a)(4)''.
(E) Section 409(a)(9) (42 U.S.C. 609(a)(9)) is
amended by striking ``408(a)(7)'' and inserting
``408(a)(4)''.
(F) Section 409(a)(17), as added by section
7(d)(1)(A)(ii) of this Act, is amended by striking
``408(a)(13)'' and inserting ``408(a)(10)''.
(G) Section 409(a)(18), as added by section
7(d)(1)(B)(ii) of this Act, is amended by striking
``408(a)(14)'' and inserting ``408(a)(11)''.
(H) Section 409(a)(19), as added by section 8(b)(2)
of this Act, is amended by striking ``408(a)(15)'' and
inserting ``408(a)(12)''.
(I) Section 409(a)(20), as added by section 9(b)(2)
of this Act, is amended by striking ``408(a)(16)'' and
inserting ``408(a)(13)''.
(J) Section 409(a)(21), as added by section 10(b)
of this Act, is amended by striking ``408(a)(17)'' and
inserting ``408(a)(14)''.
(K) Section 409(a)(22), as added by section 11(b)
of this Act, is amended by striking ``408(a)(18)'' and
inserting ``408(a)(15)''.
(L) Section 409(a)(23), as added by section 12(c)
of this Act, is amended by striking ``408(a)(19)'' and
inserting ``408(a)(16)''.
(M) Section 409(a)(24), as added by section
17(b)(2) of this Act, is amended by striking
``408(a)(20)'' and inserting ``408(a)(17)''.
(N) Section 411(a)(1)(A)(xvi) (42 U.S.C.
611(a)(1)(A)(xvi)) is amended by striking ``408(a)(7)''
and inserting ``408(a)(7)(A)''.
SEC. 19. EFFECTIVE DATE.
(a) In General.--Except as otherwise provided in this Act, this Act
and the amendments made by this Act shall take effect on October 1,
2013, and shall apply to payments under title IV of the Social Security
Act for calendar quarters beginning on or after such date, without
regard to whether regulations to implement the amendments are
promulgated by such date.
(b) Delay Permitted if State Legislation Required.--If the
Secretary of Health and Human Services determines that State
legislation (other than legislation appropriating funds) is required in
order for a State plan under part A or E of title IV of the Social
Security Act to meet the additional requirements imposed by the
amendments made by this Act, the plan shall not be regarded as failing
to meet any of the additional requirements before the 1st day of the
1st calendar quarter beginning after the close of the first regular
session of the State legislature that begins after the date of the
enactment of this Act. If the State has a 2-year legislative session,
each year of the session is deemed to be a separate regular session of
the State legislature.
<all>