I 

112TH CONGRESS 

1ST SESSION H. R. 3573 

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 

DECEMBER 6, 2011 

Ms. MOORE (for herself, Mrs. CHRISTENSEN, Mr. CLEAVER, Mr. CONYERS, 

Mr. DAVIS of Illinois, Mr. JACKSON of Illinois, Ms. NORTON, Mr. STARK, 

Mr. THOMPSON of Mississippi, Mr. TOWNS, and Ms. WATERS) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Rewriting to Improve 

5 and Secure an Exit Out of Poverty Act’’ or the ‘‘RISE 

6 Out of Poverty Act’’. 


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1 SEC. 2. TABLE OF CONTENTS. 

2 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. 

3 SEC. 3. REFERENCES. 

4 Except as otherwise expressly provided in this Act, 

5 wherever in this Act an amendment or repeal is expressed 

6 in terms of an amendment to, or repeal of, a section or 

7 other provision, the amendment or repeal shall be consid8 ered to be made to a section or other provision of the So9 cial Security Act. 


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1 SEC. 4. STATE PLANS REQUIRED TO ADDRESS WHETHER 

2 AND HOW STATES WILL PROVIDE ASSIST3 ANCE TO NEEDIEST GEOGRAPHIC AREAS. 

4 Section 402(a)(1)(A)(i) (42 U.S.C. 602(a)(1)(A)(i)) 

5 is amended by inserting ‘‘, including whether and how the 

6 State will give priority to providing benefits and services 

7 in areas of the State with the greatest need (such as areas 

8 with the greatest unemployment rates, the greatest pov9 erty rates, and the least job opportunity to population ra10 tios)’’ before the period. 

11 SEC. 5. FUNDING OF THE TANF PROGRAM. 

12 (a) STATE FAMILY ASSISTANCE GRANT.— 

13 (1) IN GENERAL.—Section 403(a)(1) (42 

14 U.S.C. 603(a)(1)) is amended— 

15 (A) in subparagraph (A), by striking ‘‘fis16 cal years 1996,’’ and all that follows through 

17 ‘‘2003,’’ and inserting ‘‘fiscal year 2012 and 

18 each succeeding fiscal year’’; and 

19 (B) by striking subparagraphs (B) and (C) 

20 and inserting the following: 

21 ‘‘(B) STATE FAMILY ASSISTANCE

22 GRANT.— 

23 ‘‘(i) IN GENERAL.—The State family 

24 assistance grant payable to a State for a 

25 fiscal year shall be the greater of— 


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1 ‘‘(I) the adjusted basic block 

2 grant, plus the amount required to be 

3 paid to the State under paragraph (3) 

4 (as in effect on September 30, 2010) 

5 for fiscal year 2010; or 

6 ‘‘(II) the amount required to be 

7 paid to the State under this para8 graph for the preceding fiscal year. 

9 ‘‘(ii) ADJUSTED BASIC BLOCK

10 GRANT.—In clause (i), the term ‘adjusted 

11 block grant’ means, with respect to a 

12 State, the product of— 

13 ‘‘(I) the amount required to be 

14 paid to the State under this para15 graph for fiscal year 2010 (deter16 mined without regard to any reduction 

17 pursuant to section 409 or 412(a)(1)); 

18 ‘‘(II) 1.00, plus the percentage 

19 (if any) by which the average of the 

20 CPI for the 12-month period ending 

21 with June of the preceding fiscal year 

22 exceeds the average of the CPI for the 

23 12-month period ending with June 

24 1996, expressed as a decimal; and 


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1 ‘‘(III) 1.00, plus the percentage 

2 (if any) by which the most recent esti3 mate by the Bureau of the Census of 

4 the population of the State that has 

5 not attained 18 years of age exceeds 

6 the most recent estimate by the Bu7 reau of the Census of that population 

8 as of July 1, 1996, expressed as a 

9 decimal. 

10 ‘‘(iii) CPI DEFINED.—In clause (ii), 

11 the term ‘CPI’ means the last Consumer 

12 Price Index for all-urban consumers pub13 lished by the Department of Labor for the 

14 period involved. 

15 ‘‘(C) APPROPRIATION.—Out of any money 

16 in the Treasury of the United States not other17 wise appropriated, there are appropriated such 

18 sums as are necessary for grants under this 

19 paragraph for each fiscal year.’’. 

20 (2) CONFORMING AMENDMENT TO ELIMINATE

21 SUPPLEMENTAL GRANTS FOR POPULATION IN22 CREASES IN CERTAIN STATES.—Section 403(a) (42 

23 U.S.C. 603(a)) is amended by striking paragraph 

24 (3). 


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1 (b) EXTENSION OF PENALTY FOR FAILURE TO

2 MAINTAIN EFFORT; REQUIREMENT ADJUSTED FOR IN3 FLATION.—Section 409(a)(7) (42 U.S.C. 609(a)(7)) is 

4 amended— 

5 (1) in subparagraph (A)— 

6 (A) by striking ‘‘fiscal year 1998, 1999, 

7 2000, 2001, 2002, 2003, 2004, 2005, 2006, 

8 2007, 2008, 2009, 2010, 2011, or 2012’’ and 

9 inserting ‘‘a fiscal year’’; and 

10 (B) by inserting ‘‘the inflation-adjusted’’ 

11 before ‘‘historic State expenditures’’; and 

12 (2) in subparagraph (B)— 

13 (A) in clause (ii), by striking ‘‘fiscal years 

14 1997 through 2011’’ and inserting ‘‘a fiscal 

15 year’’; and 

16 (B) by redesignating clauses (iii) through 

17 (v) as clauses (iv) through (vi), respectively, 

18 and inserting after clause (ii) the following: 

19 ‘‘(iii) INFLATION-ADJUSTED HISTORIC

20 STATE EXPENDITURES.—The term ‘infla21 tion-adjusted historic State expenditures’ 

22 means, with respect to a fiscal year— 

23 ‘‘(I) historic State expenditures; 

24 multiplied by 


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1 ‘‘(II) 1.00, plus (in the case of 

2 fiscal year 2014 or any succeeding fis3 cal year) the percentage (if any) by 

4 which the average of the CPI (as de5 fined in section 403(a)(1)(B)(iii)) for 

6 the 12-month period ending with June 

7 of the preceding fiscal year exceeds 

8 the average of the CPI (as so defined) 

9 for the 12-month period ending with 

10 June 2012, expressed as a decimal.’’. 

11 (c) MODIFICATION OF CONTINGENCY FUND.— 

12 (1) IN GENERAL.—Section 403(b) (42 U.S.C. 

13 603(b)) is amended by striking all that follows para14 graph (1) and inserting the following: 

15 ‘‘(2) GRANTS.— 

16 ‘‘(A) IN GENERAL.—The Secretary shall 

17 make a grant to each eligible State and each 

18 Indian tribe that is an economically needy enti19 ty for a calendar quarter, in an amount equal 

20 to 80 percent of the amount (if any) by which 

21 the total amount of relevant expenditures of the 

22 entity for the quarter exceeds the total amount 

23 of the relevant expenditures of the entity for 

24 the corresponding quarter in the base year of 

25 the entity, subject to paragraph (2). 


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1 ‘‘(B) LIMITATION.—The total amount pay2 able to an entity under this subsection for a fis3 cal year shall not exceed an amount equal to 25 

4 percent of the amount payable to the entity— 

5 ‘‘(i) if the entity is a State, under sec6 tion 403(a)(1) for the fiscal year; or 

7 ‘‘(ii) if the entity is an Indian tribe, 

8 under section 412(a)(1) for the fiscal year. 

9 ‘‘(3) DEFINITIONS.—In paragraph (2): 

10 ‘‘(A) ECONOMICALLY NEEDY ENTITY.— 

11 The term ‘economically needy entity’ means an 

12 entity with respect to a calendar quarter— 

13 ‘‘(i) if the seasonally adjusted average 

14 unemployment rate with respect to entity 

15 for the quarter or any of the preceding 4 

16 calendar quarters exceeds 6.5 percent; or 

17 ‘‘(ii) in the case that the unemploy18 ment rate information described in clause 

19 (i) is not available with respect to the enti20 ty, if the entity meets such qualifications 

21 as the Secretary, in consultation with the 

22 Secretary of Labor, shall, by regulation, 

23 prescribe. 


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1 ‘‘(B) BASE YEAR.—The term ‘base year’ 

2 means, with respect to an entity, and a cal3 endar quarter in a fiscal year— 

4 ‘‘(i) except as provided in clause (ii), 

5 whichever of the 2 fiscal years most re6 cently preceding the 1st fiscal year of the 

7 most recent contingency fund eligibility pe8 riod for the entity, is the fiscal year in 

9 which the relevant expenditures of the enti10 ty were the lesser; or 

11 ‘‘(ii) if the 1st year of the period re12 ferred to in clause (i) is fiscal year 2012, 

13 whichever of fiscal year 2007 or 2008 is 

14 the fiscal year in which the relevant ex15 penditures of the entity were the lesser. 

16 ‘‘(C) CONTINGENCY FUND ELIGIBILITY PE17 RIOD.—The term ‘contingency fund eligibility 

18 period’ means, with respect to an entity, a pe19 riod of 1 or more consecutive calendar quarters 

20 for which the entity is an economically needy 

21 entity. 

22 ‘‘(D) RELEVANT EXPENDITURES.— 

23 ‘‘(i) IN GENERAL.—The term ‘relevant 

24 expenditures’ means expenditures— 


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1 ‘‘(I) for assistance under the pro2 gram funded under this part of the 

3 entity (including, in the case of a 

4 State, any qualified State expendi5 tures (as defined in section 

6 409(a)(7)(B)(i)) and any expenditures 

7 under any other State program fund8 ed by such expenditures); 

9 ‘‘(II) for child care; 

10 ‘‘(III) for subsidized employment 

11 under the program funded under this 

12 part of the entity (including, in the 

13 case of a State, such expenditures 

14 under any other State program fund15 ed by qualified State expenditures (as 

16 defined in section 409(a)(7)(B)(i))), 

17 other than expenditures made using 

18 Federal funds or with respect to 

19 which the entity received a grant 

20 made under paragraph (3) of this 

21 subsection; and 

22 ‘‘(IV) for administrative costs as23 sociated with making the expenditures 

24 referred to in the preceding sub25 clauses of this clause. 


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1 ‘‘(ii) CHILD CARE EXPENDITURES.— 

2 For purposes of clause (i), expenditures for 

3 child care consist of the following: 

4 ‘‘(I) Amounts transferred under 

5 section 404(d)(1)(B). 

6 ‘‘(II) Expenditures for child care 

7 assistance from Federal funds pro8 vided under this part. 

9 ‘‘(III) In the case of an entity 

10 that is a State, expenditures for child 

11 care assistance that are qualified 

12 State expenditures (as defined in sec13 tion 409(a)(7)(B)(i)), but only to the 

14 extent exceeding the total expendi15 tures of the State (other than from 

16 Federal funds) for child care in fiscal 

17 year 1994 or 1995 (whichever is the 

18 greater). 

19 ‘‘(iii) AUTHORITY TO COLLECT AND

20 ADJUST DATA.—In determining the 

21 amount of the expenditures of a State for 

22 basic assistance, child care, and subsidized 

23 employment, during any period for which 

24 the State requests funds under this sub25 section, and during the base year of the 


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1 State, the Secretary may make appropriate 

2 adjustments to the data, on a State-by3 State basis, to ensure that the data are 

4 comparable with respect to the groups of 

5 families served and the types of aid pro6 vided. The Secretary may develop a mecha7 nism for collecting expenditure data, in8 cluding procedures which allow States to 

9 make reasonable estimates, and may set 

10 deadlines for making revisions to the data. 

11 ‘‘(4) USE OF GRANT.—Each State to which a 

12 grant is made under this subsection shall use the 

13 grant to serve areas of the State with the greatest 

14 need (as referred to in section 402(a)(1)(A)). 

15 ‘‘(5) APPROPRIATION.— 

16 ‘‘(A) IN GENERAL.—Out of any funds in 

17 the Treasury of the United States not otherwise 

18 appropriated, there are appropriated for pay19 ment to the Fund— 

20 ‘‘(i) $2,500,000,000 for fiscal year 

21 2012; and 

22 ‘‘(ii) for each succeeding fiscal year, 

23 the amount appropriated under this para24 graph for the then preceding fiscal year, 

25 increased by the percentage (if any) by 


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1 which the amount appropriated under sec2 tion 403(a)(1) for the fiscal year involved 

3 exceeds the amount appropriated under 

4 such section for the then preceding fiscal 

5 year. 

6 ‘‘(B) AVAILABILITY.—Amounts made 

7 available under this paragraph for a fiscal year 

8 shall remain available until expended. 

9 ‘‘(6) ACTIONS TO BE TAKEN IN ANTICIPATION

10 OF EXHAUSTION OF FUND.—The Secretary shall 

11 monitor the amount in, and the rate at which 

12 amounts are paid from, the Fund, and if the Sec13 retary determines that the Fund will be exhausted 

14 within 6 months, the Secretary shall— 

15 ‘‘(A) notify the Congress of the determina16 tion; and 

17 ‘‘(B) develop and communicate to each 

18 State and Indian tribe that is an economically 

19 needy entity as of the date of the determina20 tion, the procedure for allocating amounts in 

21 the Fund among such entities.’’. 

22 (2) ELIMINATION OF PENALTY FOR FAILURE

23 OF STATE RECEIVING AMOUNTS FROM CONTINGENCY

24 FUND TO MAINTAIN 100 PERCENT OF HISTORIC EF25 FORT.— 


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1 (A) IN GENERAL.—Section 409(a) (42 

2 U.S.C. 609(a)) is amended by striking para3 graph (10) and redesignating paragraphs (11) 

4 through (15) as paragraphs (10) through (16), 

5 respectively. 

6 (B) CONFORMING AMENDMENTS.—Section 

7 409 (42 U.S.C. 609) is amended in each of sub8 sections (b)(2) and (c)(4), by striking ‘‘(10), 

9 (12), or (13)’’ and inserting ‘‘(11), or (12)’’. 

10 (3) CONFORMING AMENDMENT.—Section 

11 409(a)(3)(C) (42 U.S.C. 609(a)(3)(C)) is amended 

12 by striking ‘‘needy State (as defined in section 

13 403(b)(6))’’ and inserting ‘‘economically needy enti14 ty (as defined in section 403(b)(3)(A))’’. 

15 (4) AMOUNTS PROVIDED TO TERRITORIES

16 FROM THE CONTINGENCY FUND TO BE DIS17 REGARDED FOR PURPOSES OF LIMITATION ON PAY18 MENTS TO THE TERRITORIES.—Section 1108(a)(2) 

19 (42 U.S.C. 1308(a)(2)) is amended by inserting 

20 ‘‘403(b),’’ before ‘‘406,’’. 

21 (d) MATCHING GRANTS FOR SUBSIDIZED EMPLOY22 MENT.— 

23 (1) IN GENERAL.—Section 403(a) (42 U.S.C. 

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1 tion, is amended by inserting after paragraph (2) 

2 the following: 

3 ‘‘(3) MATCHING GRANTS FOR SUBSIDIZED EM4 PLOYMENT.— 

5 ‘‘(A) IN GENERAL.—The Secretary shall 

6 make a grant— 

7 ‘‘(i) to each eligible State that is 1 of 

8 the 50 States or the District of Columbia, 

9 for each fiscal year for which the State is 

10 an MOE State; and 

11 ‘‘(ii) to each State that is not 1 of the 

12 50 States or the District of Columbia, and 

13 to each Indian tribe, for each fiscal year 

14 for which the State or tribe, as the case 

15 may be, meets such terms and conditions 

16 as the Secretary shall, by regulation, estab17 lish, which shall be comparable to the 

18 terms and conditions under which grants 

19 are made under clause (i). 

20 ‘‘(B) MOE STATE.—In subparagraph (A), 

21 the term ‘MOE State’ means a State if the 

22 qualified expenditures of the State (as defined 

23 in section 409(a)(7)(B)(i)) for the fiscal year 

24 exceeds the applicable percentage (as defined in 

25 clause (ii) of such section) of inflation-adjusted 


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1 historic State expenditures (as defined in clause 

2 (iii) of such section) of the State with respect 

3 to the fiscal year. 

4 ‘‘(C) AMOUNT OF GRANT.— 

5 ‘‘(i) STATES.— 

6 ‘‘(I) IN GENERAL.—The grant to 

7 be made to a State under subpara8 graph (A)(i) for a fiscal year shall be 

9 in an amount equal to 50 percent of 

10 the excess expenditures of the State 

11 for subsidized employment during the 

12 fiscal year. 

13 ‘‘(II) EXCESS EXPENDITURES OF

14 THE STATE FOR SUBSIDIZED EMPLOY15 MENT.—The term ‘excess expendi16 tures of the State for subsidized em17 ployment’ means, with respect to a 

18 fiscal year, the lesser of— 

19 ‘‘(aa) the excess described in 

20 subparagraph (B) with respect to 

21 the State for the fiscal year; or 

22 ‘‘(bb) an amount equal to 

23 the total expenditures of the 

24 State for subsidized employment 

25 funded under this part or under 


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1 any other State program funded 

2 by qualified State expenditures 

3 (as defined in section 

4 409(a)(7)(B)(i)), excluding those 

5 with respect to which a grant is 

6 made to the State under sub7 section (b) of this section, during 

8 the fiscal year. 

9 ‘‘(ii) INDIAN TRIBES.—The grant to 

10 be made to an Indian tribe under this 

11 paragraph shall be in such amount as the 

12 Secretary deems appropriate. 

13 ‘‘(D) USE OF GRANT.—Notwithstanding 

14 section 404, a State or Indian tribe to which a 

15 grant is made under this paragraph shall use 

16 the grant solely to finance subsidized employ17 ment activities, and to serve areas of the State 

18 with the greatest need (as referred to in section 

19 402(a)(1)(A)). 

20 ‘‘(E) APPROPRIATION.—Out of any funds 

21 in the Treasury of the United States not other22 wise appropriated, there are appropriated such 

23 sums as are necessary for grants under this 

24 paragraph for each fiscal year.’’. 


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1 (2) AMOUNTS PROVIDED TO TERRITORIES

2 FROM THE MATCHING GRANT TO BE DISREGARDED

3 FOR PURPOSES OF LIMITATION ON PAYMENTS TO

4 THE TERRITORIES.—Section 1108(a)(2) (42 U.S.C. 

5 1308(a)(2)) is amended by inserting ‘‘403(a)(3),’’ 

6 after ‘‘403(a)(2),’’. 

7 (3) DATA REPORTS REQUIRED WITH RESPECT

8 TO FAMILIES THAT INCLUDE AN INDIVIDUAL PAR9 TICIPATING IN SUBSIDIZED EMPLOYMENT PRO10 GRAMS.—Section 411(a)(1) (42 U.S.C. 611(a)(1)) is 

11 amended by inserting ‘‘, and families that include an 

12 individual participating in subsidized employment 

13 funded with Federal funds or qualified State expend14 itures (as so defined)’’ before the colon. 

15 (e) TRIBAL FAMILY ASSISTANCE GRANTS.—Section 

16 412(a)(1) (42 U.S.C. 612(a)(1)) is amended— 

17 (1) in subparagraph (A), by striking ‘‘of fiscal 

18 years 1997, 1998, 1999, 2000, 2001, 2002, and 

19 2003,’’ and inserting ‘‘fiscal year’’; and 

20 (2) in subparagraph (B)— 

21 (A) by redesignating clause (ii) as clause 

22 (iii); and 

23 (B) by striking clause (i) and inserting the 

24 following: 


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1 ‘‘(i) IN GENERAL.—The amount de2 termined under this subparagraph for a 

3 fiscal year is an amount equal to the sum 

4 of the adjusted historic expenditures for 

5 the fiscal year with respect to each State 

6 in which there lies a service area of the In7 dian tribe is located. 

8 ‘‘(ii) ADJUSTED HISTORIC EXPENDI9 TURES DEFINED.—In clause (i), the term 

10 ‘adjusted historic expenditures’ means, 

11 with respect to a fiscal year, a State, and 

12 an Indian tribe, the total amount of the 

13 Federal payments to the State under sec14 tion 403 (as then in effect) for fiscal year 

15 1994 attributable to expenditures (other 

16 than child care expenditures) by the State 

17 under parts A and F (as so in effect) for 

18 fiscal year 1994 for Indian families resid19 ing in the service areas identified by the 

20 tribe pursuant to subsection (b)(1)(C) of 

21 this section that are in the State, increased 

22 by the percentage (if any) by which the 

23 amount of the grant payable under section 

24 403(a)(1) for the fiscal year to the State 


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1 exceeds the amount of the grant so payable 

2 to the State for fiscal year 2010.’’. 

3 (f) CENSUS BUREAU STUDY.—Section 414 (42 

4 U.S.C. 614) is amended— 

5 (1) by striking subsection (a) and inserting the 

6 following: 

7 ‘‘(a) IN GENERAL.—The Director of the Bureau of 

8 the Census shall conduct a study to assess the effects of 

9 policies and programs related to low-income families, in10 cluding policies and programs under State programs fund11 ed under this part or funded with qualified State expendi12 tures (as defined in section 409(a)(7)(B)(i)), including 

13 changes and policies in such programs made pursuant to 

14 the Rewriting to Improve and Secure an Exit Out of Pov15 erty Act. The Director shall design the study in consulta16 tion with the Secretary. Every 5 years, the Director shall, 

17 in consultation with the Secretary, revise the content and 

18 nature of the study to reflect emerging policy issues re19 lated to low-income families.’’; and 

20 (2) in subsection (b), by striking ‘‘of fiscal 

21 years 1996, 1997, 1998, 1999, 2000, 2001, 2002, 

22 and 2003’’ and inserting ‘‘fiscal year’’. 

23 (g) FUNDING OF STUDIES AND EVALUATIONS.—Sec24 tion 413(h)(1) (42 U.S.C. 613(h)(1)) is amended by strikVerDate Mar 15 2010 22:59 Dec 07, 2011 Jkt 019200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H3573.IH H3573

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1 ing ‘‘of fiscal years 1997 through 2002’’ and inserting 

2 ‘‘fiscal year’’. 

3 (h) MATCHING GRANTS TO CERTAIN TERRI4 TORIES.—Section 1108 (42 U.S.C. 1308) is amended— 

5 (1) in subsection (a)(2), by inserting ‘‘section 

6 403(a)(1) (to the extent exceeding the amount re7 quired to be so paid to the territory for fiscal year 

8 2011),’’ before ‘‘403(a)(2)’’; and 

9 (2) in subsection (b)(2), by striking ‘‘fiscal 

10 years 1997 through 2003’’ and inserting ‘‘each fiscal 

11 year’’. 

12 SEC. 6. WORK REQUIREMENTS. 

13 (a) PARTICIPATION RATE REQUIREMENT.—Section 

14 407 (42 U.S.C. 607) is amended by striking subsections 

15 (a) and (b) and inserting the following: 

16 ‘‘(a) PARTICIPATION RATE REQUIREMENT.— 

17 ‘‘(1) IN GENERAL.—A State to which a grant 

18 is made under section 403 for a fiscal year shall 

19 achieve a minimum participation rate of 50 percent 

20 with respect to all families residing in the State that 

21 include a work-eligible individual. 

22 ‘‘(2) WORK-ELIGIBLE INDIVIDUAL DEFINED.— 

23 ‘‘(A) IN GENERAL.—In subsection (a), the 

24 term ‘work-eligible individual’, subject to sub25 paragraphs (B) and (C), means— 


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1 ‘‘(i) an adult recipient of assistance 

2 under the State program funded under this 

3 part or under any other State program 

4 funded by qualified State expenditures (as 

5 defined in section 409(a)(7)(B)(i)); 

6 ‘‘(ii) a former recipient of such assist7 ance who is— 

8 ‘‘(I) a parent of a dependent 

9 child who is such a recipient; and 

10 ‘‘(II) no longer eligible for assist11 ance under the State program funded 

12 under this part by reason of section 

13 408(a)(7); and 

14 ‘‘(iii) a participant in a subsidized em15 ployment program funded under this part 

16 or under any other State program funded 

17 by qualified State expenditures (as defined 

18 in section 409(a)(7)(B)(i)). 

19 ‘‘(B) EXCLUSION OF INDIVIDUALS SANC20 TIONED OR UNDERGOING PRE-SANCTION RE21 VIEW.—The term ‘work-eligible individual’ does 

22 not include any individual with respect to 

23 whom— 


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1 ‘‘(i) there is in effect a penalty im2 posed by the State under subsection (e) of 

3 this section; or 

4 ‘‘(ii) the State has initiated (but not 

5 completed) the pre-sanction review process 

6 pursuant to section 408(a)(14)(A). 

7 ‘‘(C) STATE OPTION TO EXCLUDE CERTAIN

8 INDIVIDUALS.—A State may exclude from the 

9 term ‘work-eligible individual’ any resident of 

10 the State who is— 

11 ‘‘(i) a single parent caring for a child 

12 who has not attained 1 year of age; 

13 ‘‘(ii) a recipient of supplemental secu14 rity income benefits under title XVI, dis15 ability insurance benefits under title II, or 

16 other Federal or State benefits based on 

17 disability; 

18 ‘‘(iii) an applicant for supplemental 

19 security income benefits under title XVI; 

20 ‘‘(iv) an individual who is needed in 

21 the home of the individual to care for a 

22 disabled member of the family of the indi23 vidual; or 

24 ‘‘(v) an individual who (but for the ex25 ercise of the State option under this 


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1 clause) would be a work-eligible individual 

2 under a tribal family assistance plan ap3 proved under section 412 or under a tribal 

4 work program to which funds are provided 

5 under this part. 

6 ‘‘(b) CALCULATION OF PARTICIPATION RATES.— 

7 ‘‘(1) AVERAGE MONTHLY RATE.—For purposes 

8 of subsection (a), the participation rate of a State 

9 for a fiscal year is the average of the participation 

10 rates of the State for each month in the fiscal year. 

11 ‘‘(2) MONTHLY PARTICIPATION RATE.—For 

12 purposes of paragraph (1), the participation rate of 

13 a State for a month, expressed as a percentage, is— 

14 ‘‘(A) the number of families residing in the 

15 State that include a work-eligible individual who 

16 is engaged in work for the month; divided by 

17 ‘‘(B) the number of families residing in the 

18 State that include a work-eligible individual.’’. 

19 (b) PARTICIPATION REQUIREMENTS.—Section 

20 407(c) (42 U.S.C. 607(c)) is amended to read as follows: 

21 ‘‘(c) ENGAGED IN WORK.—For purposes of sub22 section (b): 

23 ‘‘(1) GENERAL RULE.—An individual is en24 gaged in work for a month in a fiscal year if the reVerDate Mar 15 2010 22:59 Dec 07, 2011 Jkt 019200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H3573.IH H3573

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1 cipient is participating in work activities for an aver2 age of at least 20 hours per week during the month. 

3 ‘‘(2) INDIVIDUALS COMPLYING WITH A MODI4 FIED EMPLOYABILITY PLAN DEEMED TO BE EN5 GAGED IN WORK.—An individual is deemed to be en6 gaged in work for a month if the State determines 

7 that the individual is in substantial compliance with 

8 the activities and hourly participation requirements 

9 of a modified employability plan developed for the 

10 individual in accordance with section 408(h). 

11 ‘‘(3) SINGLE TEEN HEAD OF HOUSEHOLD OR

12 MARRIED TEEN WHO MAINTAINS SATISFACTORY

13 SCHOOL ATTENDANCE DEEMED TO BE ENGAGED IN

14 WORK.—An individual who is married or a head of 

15 household and has not attained 20 years of age is 

16 deemed to be engaged in work for a month if the re17 cipient maintains satisfactory attendance at sec18 ondary school or the equivalent during the month.’’. 

19 (c) ELIMINATION OF 12-MONTH LIMIT ON COUNTING

20 VOCATIONAL EDUCATIONAL TRAINING AS A WORK ACTIV21 ITY.—Section 407(d)(8) (42 U.S.C. 607(d)(8)) is amend22 ed by striking ‘‘(not to exceed 12 months with respect to 

23 any individual)’’. 


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1 SEC. 7. WORK RULES. 

2 (a) OPTION OF RECIPIENT TO HAVE TRAINED PER3 SONNEL ASSESS CERTAIN BARRIERS TO EMPLOYMENT; 

4 ADDITIONAL MATTERS REQUIRED TO BE ASSESSED.— 

5 Section 408(b)(1) (42 U.S.C. 608(b)(1)) is amended— 

6 (1) by inserting ‘‘(which, at the option of the 

7 recipient, shall be conducted by trained personnel 

8 with respect to barriers to employment specified by 

9 the recipient)’’ after ‘‘assessment’’; and 

10 (2) by striking ‘‘and employability’’ and insert11 ing ‘‘employability, physical and mental impair12 ments, English proficiency, child care needs, and 

13 whether the recipient is a victim of domestic or sex14 ual violence,’’. 

15 (b) INDIVIDUAL RESPONSIBILITY PLANS.— 

16 (1) PLANS REQUIRED; PLANS TO INCLUDE

17 WELL-BEING PLANS FOR CHILDREN.—Section 

18 408(b)(2)(A) (42 U.S.C. 608(b)(2)(A)) is amend19 ed— 

20 (A) in the matter preceding clause (i), by 

21 striking ‘‘may’’ and inserting ‘‘shall’’; 

22 (B) in clause (iv)— 

23 (i) by inserting ‘‘, supports,’’ after 

24 ‘‘counseling’’; and 

25 (ii) by striking ‘‘and’’ at the end; 


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1 (C) in clause (v), by striking the period 

2 and inserting ‘‘; and’’; and 

3 (D) by adding at the end the following: 

4 ‘‘(vi) describe a well-being plan for 

5 each child in the family.’’. 

6 (2) DEADLINE FOR COMPLETION OF PLAN.— 

7 Section 408(b)(2)(B) (42 U.S.C. 608(b)(2)(B)) is 

8 amended by striking ‘‘individual—’’ and all that fol9 lows and inserting ‘‘individual within 90 days after 

10 the individual is determined eligible for the assist11 ance.’’. 

12 (3) SANCTION FOR FAILURE OF STATE TO DE13 VELOP PLAN.—Section 409(a) (42 U.S.C. 609(a)), 

14 as amended by section 5(c)(2)(A) of this Act, is 

15 amended by adding at the end the following: 

16 ‘‘(15) PENALTY FOR FAILURE OF STATE TO DE17 VELOP REQUIRED INDIVIDUAL RESPONSIBILITY

18 PLAN.— 

19 ‘‘(A) IN GENERAL.—If the Secretary deter20 mines that a State to which a grant is made 

21 under section 403 in a fiscal year has violated 

22 section 408(b)(2) during the fiscal year, the 

23 Secretary shall reduce the grant payable to the 

24 State under section 403(a)(1) for the imme25 diately succeeding fiscal year by an amount 


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1 equal to not more than 5 percent of the State 

2 family assistance grant. 

3 ‘‘(B) PENALTY BASED ON SEVERITY OF

4 FAILURE.—The Secretary shall impose reduc5 tions under subparagraph (A) with respect to a 

6 fiscal year based on the degree of noncompli7 ance.’’. 

8 (4) CONFORMING AMENDMENT.—Section 

9 408(b) (42 U.S.C. 608(b)) is amended by striking 

10 paragraph (4). 

11 (c) MODIFIED EMPLOYABILITY PLANS FOR CERTAIN

12 INDIVIDUALS WITH DISABILITIES.—Section 408 (42 

13 U.S.C. 608) is amended by adding at the end the fol14 lowing: 

15 ‘‘(h) AUTHORITY TO DEVELOP MODIFIED EMPLOY16 ABILITY PLAN FOR A RECIPIENT OF ASSISTANCE WITH, 

17 OR CARING FOR A FAMILY MEMBER WITH, A DIS18 ABILITY.— 

19 ‘‘(1) IN GENERAL.—A State may develop a 

20 modified employability plan for a recipient of assist21 ance under the State program funded under this 

22 part— 

23 ‘‘(A) who— 

24 ‘‘(i) is a work-eligible individual (as 

25 defined in section 407(a)(2)); and 


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1 ‘‘(ii) has been determined by a quali2 fied medical, mental health, addiction, or 

3 social services professional (as determined 

4 by the State) to have a disability; or 

5 ‘‘(B) who is caring for a family member 

6 with a disability (as so determined). 

7 ‘‘(2) CONTENTS OF PLAN.—The modified em8 ployability plan shall— 

9 ‘‘(A) include a determination that, because 

10 of the disability of the recipient or the indi11 vidual for whom the recipient is caring, reason12 able modification of work activities, hourly par13 ticipation requirements, or both, is needed in 

14 order for the recipient to participate in the ac15 tivities; 

16 ‘‘(B) describe the modified work activities 

17 in which the recipient is required to participate; 

18 ‘‘(C) specify the number of hours per week 

19 for which the recipient is required to participate 

20 in the modified work activities, based on an 

21 evaluation by the State of the circumstances of 

22 the family; 

23 ‘‘(D) describe the services, supports, and 

24 modifications that the State will provide to the 

25 recipient or the family of the recipient; 


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1 ‘‘(E) be developed in cooperation with the 

2 recipient; and 

3 ‘‘(F) be reviewed not less often than every 

4 6 months. 

5 ‘‘(3) DEFINITIONS.—In this subsection: 

6 ‘‘(A) DISABILITY.—The term ‘disability’ 

7 means a mental or physical impairment, includ8 ing substance abuse or addiction, that— 

9 ‘‘(i) constitutes or results in a sub10 stantial impediment to employment; or 

11 ‘‘(ii) substantially limits 1 or more 

12 major life activities. 

13 ‘‘(B) MODIFIED WORK ACTIVITIES.—The 

14 term ‘modified work activities’ means activities 

15 which the State has determined will help the re16 cipient become employable.’’. 

17 (d) SANCTIONS.— 

18 (1) GENERAL SANCTION PROVISIONS.— 

19 (A) PROHIBITION ON IMPOSING LIFETIME

20 OR FULL FAMILY SANCTION.— 

21 (i) PROHIBITION.—Section 408(a) (42 

22 U.S.C. 608(a)) is amended by adding at 

23 the end the following: 

24 ‘‘(13) PROHIBITION ON IMPOSING LIFETIME OR

25 FULL FAMILY SANCTION.—A State to which a grant 


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1 is made under section 403 shall not impose a life2 time prohibition on the provision of assistance to 

3 any individual or family under the State program 

4 funded under this part or under a program funded 

5 with qualified State expenditures (as defined in sec6 tion 409(a)(7)(B)(i)) on the basis of the failure of 

7 a member of the family to comply with a program 

8 requirement.’’. 

9 (ii) PENALTY.—Section 409(a) (42 

10 U.S.C. 609), as amended by section 

11 5(c)(2)(A) of this Act and subsection 

12 (b)(3) of this section, is amended by add13 ing at the end the following: 

14 ‘‘(16) PENALTY FOR IMPOSING LIFETIME OR

15 FULL FAMILY SANCTION.—If the Secretary deter16 mines that a State to which a grant is made under 

17 section 403 in a fiscal year has violated section 

18 408(a)(13) during the fiscal year, the Secretary 

19 shall reduce the grant payable to the State under 

20 section 403(a)(1) for the immediately succeeding fis21 cal year by an amount equal to 5 percent of the 

22 State family assistance grant.’’. 

23 (B) DUE PROCESS PROTECTIONS.— 

24 (i) IN GENERAL.—Section 408(a) (42 

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1 graph (A)(i) of this paragraph, is amended 

2 by adding at the end the following: 

3 ‘‘(14) SANCTION PROCEDURES.— 

4 ‘‘(A) PRE-SANCTION REVIEW PROCESS.— 

5 Before imposing a sanction against an indi6 vidual or family receiving assistance under the 

7 State program funded under this part or under 

8 a program funded with qualified State expendi9 tures (as defined in section 409(a)(7)(B)(i)) for 

10 failure to comply with program requirements, 

11 the State shall take the following steps: 

12 ‘‘(i) Provide or send notice to the indi13 vidual or family, and, if the recipient’s na14 tive language is not English, through a 

15 culturally competent written or verbal 

16 translation, of the following information: 

17 ‘‘(I) The specific reason for the 

18 proposed sanction. 

19 ‘‘(II) The amount of the pro20 posed sanction. 

21 ‘‘(III) The length of time during 

22 which the proposed sanction would be 

23 in effect. 


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1 ‘‘(IV) The steps required to come 

2 into compliance or to show good cause 

3 for noncompliance. 

4 ‘‘(V) That the agency will provide 

5 assistance to help the individual dem6 onstrate good cause for noncompli7 ance, or come into compliance with 

8 program requirements. 

9 ‘‘(VI) That the individual may 

10 appeal the determination to impose a 

11 sanction, and the steps that the indi12 vidual must take to pursue such an 

13 appeal. 

14 ‘‘(ii)(I) Ensure that, subject to clause 

15 (iii)— 

16 ‘‘(aa) an individual, other than 

17 the individual who determined that a 

18 sanction be imposed, will review the 

19 determination and have the authority 

20 to take the actions described in sub21 clause (II); and 

22 ‘‘(bb) the individual or family 

23 against whom the sanction is to be 

24 imposed shall be afforded the oppor25 tunity to meet with the individual who 


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1 is reviewing the determination to im2 pose the sanction. 

3 ‘‘(II) The action described in this sub4 clause are the following: 

5 ‘‘(aa) Modify the determination 

6 to impose a sanction. 

7 ‘‘(bb) Determine that there was 

8 good cause for the failure to comply. 

9 ‘‘(cc) Recommend modifications 

10 to the individual responsibility or em11 ployment plan of an individual. 

12 ‘‘(dd) Make such other deter13 minations and take such other actions 

14 as may be appropriate. 

15 ‘‘(iii) The review required under 

16 clause (ii) shall include consideration of the 

17 following: 

18 ‘‘(I) To the extent applicable, 

19 whether barriers to compliance exist, 

20 such as a physical or mental impair21 ment (including mental illness, sub22 stance abuse, mental retardation, or a 

23 learning disability), domestic or sexual 

24 violence, limited proficiency in 

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1 ness, or the need to care for a child 

2 with a disability or health condition, 

3 that contributed to the noncompli4 ance. 

5 ‘‘(II) Whether the noncompliance 

6 resulted from failure to receive or 

7 have access to services identified as 

8 necessary in an individual responsi9 bility or employment plan. 

10 ‘‘(III) Whether changes to the in11 dividual responsibility or employment 

12 plan of an individual should be made 

13 in order for the individual to come 

14 into compliance. 

15 ‘‘(IV) Whether there is good 

16 cause for any noncompliance. 

17 ‘‘(V) Whether the sanction poli18 cies of the State have been applied 

19 properly. 

20 ‘‘(B) SANCTION FOLLOW-UP REQUIRE21 MENTS.—If a State imposes a sanction on a 

22 family or individual for failing to comply with 

23 program requirements, the State shall— 

24 ‘‘(i) provide or send notice to the indi25 vidual or family, in language calculated to 


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1 be understood by the individual or family, 

2 and, if the individual’s or family’s native 

3 language is not English, through a cul4 turally competent translation, of the reason 

5 for the sanction and the steps the indi6 vidual or family must take to end the sanc7 tion; 

8 ‘‘(ii) resume full assistance, services, 

9 or benefits to the individual or family 

10 under the program (if the individual or 

11 family is otherwise eligible for the assist12 ance, services, or benefits) once the indi13 vidual who was not in compliance with pro14 gram requirements that led to the sanction 

15 complies with the requirements for a rea16 sonable period of time, as determined by 

17 the State and subject to State discretion to 

18 reduce the period; and 

19 ‘‘(iii) if the State has not resumed 

20 providing the assistance, services, or bene21 fits as of the end of the 120-day period 

22 that begins on the date that is 60 days 

23 after the date on which the sanction was 

24 imposed, provide notice to the individual or 

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1 stood by the individual or family, of the 

2 steps the individual or family must take to 

3 end the sanction, and of the availability of 

4 assistance to come into compliance or dem5 onstrate good cause for noncompliance. 

6 ‘‘(C) NOTICE TO EVICTED PERSONS.—The 

7 State shall make a reasonable effort to provide 

8 to an individual or family that has been evicted 

9 from a residence for failure to pay rent or as 

10 a result of another problem related to poverty, 

11 any notice required by this paragraph to be 

12 provided to the individual or family.’’. 

13 (ii) PENALTY.—Section 409(a) (42 

14 U.S.C. 609(a)), as amended by section 

15 5(c)(2)(A) of this Act, subsection (b)(3) of 

16 this section, and subparagraph (A)(ii) of 

17 this paragraph, is amended by adding at 

18 the end the following: 

19 ‘‘(17) PENALTY FOR FAILURE TO FOLLOW

20 SANCTION PROCEDURES.— 

21 ‘‘(A) IN GENERAL.—If the Secretary deter22 mines that a State to which a grant is made 

23 under section 403 in a fiscal year has violated 

24 section 408(a)(14) during the fiscal year, the 

25 Secretary shall reduce the grant payable to the 


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1 State under section 403(a)(1) for the imme2 diately succeeding fiscal year by an amount 

3 equal to not more than 5 percent of the State 

4 family assistance grant. 

5 ‘‘(B) PENALTY BASED ON SEVERITY OF

6 FAILURE.—The Secretary shall impose reduc7 tions under subparagraph (A) with respect to a 

8 fiscal year based on the degree of noncompli9 ance.’’. 

10 (iii) STATE PLAN REQUIREMENT TO

11 DESCRIBE HOW STATES WILL NOTIFY AP12 PLICANTS AND RECIPIENTS OF THEIR

13 RIGHTS UNDER THE PROGRAM AND OF PO14 TENTIAL BENEFITS AND SERVICES AVAIL15 ABLE UNDER THE PROGRAM.—Section 

16 402(a)(1)(B)(iii) (42 U.S.C. 

17 602(a)(1)(B)(iii)) is amended by inserting 

18 ‘‘, and will notify applicants and recipients 

19 of assistance under the program of the 

20 rights of individuals under all laws applica21 ble to program activities and of all poten22 tial benefits and services available under 

23 the program’’ before the period. 

24 (2) MODIFICATIONS TO WORK SANCTION.— 


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1 (A) ELIMINATION OF FULL FAMILY SANC2 TION; STATE REQUIRED TO ESTABLISH CER3 TAIN GOOD CAUSE EXCEPTIONS.—Section 

4 407(e)(1) (42 U.S.C. 607(e)(1)) is amended— 

5 (i) by striking ‘‘shall—’’ and all that 

6 follows through subparagraph (B) and in7 serting ‘‘shall reduce the amount of assist8 ance otherwise payable to the family pro 

9 rata with respect to any period during a 

10 month in which the individual so refuses,’’; 

11 and 

12 (ii) by striking ‘‘may establish’’ and 

13 inserting the following ‘‘shall establish, 

14 which shall include the decline of an offer 

15 of employment at a wage less than the 

16 greater of the applicable Federal or State 

17 minimum wage, or 80 percent of the wage 

18 that would have governed had the min19 imum hourly rate under the Fair Labor 

20 Standards Act been applicable to the offer 

21 of employment, at a site subject to a strike 

22 or lockout at the time of refusal, or for 

23 medical reasons or a lack of sufficient 

24 physical strength or stamina’’. 


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1 (B) PROHIBITION ON SANCTIONING INDI2 VIDUAL FOR FAILURE TO ENGAGE IN WORK IF

3 INDIVIDUAL HAS A CHILD UNDER AGE 6

4 MONTHS OR IF FAILURE RESULTS FROM IN5 ABILITY TO SECURE CHILD CARE OR AFTER6 SCHOOL ARRANGEMENTS FOR A CHILD UNDER

7 AGE 13.—Section 407(e)(2) (42 U.S.C. 

8 607(e)(2)) is amended by striking ‘‘refusal’’ 

9 and all that follows and inserting ‘‘failure of an 

10 individual to engage in work required in accord11 ance with this section if— 

12 ‘‘(A) the individual is a single custodial 

13 parent caring for a child who has not attained 

14 6 months of age; or 

15 ‘‘(B) the individual is the single custodial 

16 parent caring for a child who has not attained 

17 13 years of age, and the failure resulted from 

18 the inability of the individual to secure child 

19 care or after-school arrangements for the 

20 child’’. 

21 (3) MODIFICATIONS TO CHILD SUPPORT SANC22 TION.—Section 408(a)(2) (42 U.S.C. 608(a)(2)) is 

23 amended by striking ‘‘State—’’ and all that follows 

24 and inserting ‘‘State shall deduct from the assist25 ance that would otherwise be provided to the family 


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1 of the individual under the State program funded 

2 under this part an amount equal to 25 percent of 

3 the amount of the assistance.’’. 

4 (e) RELATED STATE PLAN REQUIREMENT.—Section 

5 402(a) (42 U.S.C. 602(a)) is amended by adding at the 

6 end the following: 

7 ‘‘(8) CERTIFICATION THAT EMPLOYMENT AS8 SESSMENTS AND SANCTION REVIEWS WILL BE CON9 DUCTED BY COMPETENT PERSONNEL.—A certifi10 cation by the chief executive officer of the State that 

11 the employment assessments conducted pursuant to 

12 section 408(b)(1) and the sanction reviews con13 ducted pursuant to section 408(a)(14)(A) will be 

14 conducted by personnel who have sufficient edu15 cation, training, and professional competence to do 

16 so, which shall include information on the education, 

17 training, and professional competence that State will 

18 require of the personnel.’’. 

19 SEC. 8. PROHIBITION ON IMPOSING LIMIT OF LESS THAN 60 

20 MONTHS ON DURATION OF ASSISTANCE. 

21 (a) PROHIBITION.— 

22 (1) IN GENERAL.—Section 408(a)(7) (42 

23 U.S.C. 608(a)(7)) is amended— 

24 (A) in the paragraph heading, by striking 

25 ‘‘NO ASSISTANCE FOR MORE THAN 5 YEARS’’ 


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1 and inserting ‘‘DURATIONAL LIMITS ON ASSIST2 ANCE’’; 

3 (B) in the heading for subparagraph (A), 

4 by striking ‘‘IN GENERAL’’ and inserting ‘‘NO

5 ASSISTANCE FOR MORE THAN 5 YEARS’’; and 

6 (C) by adding at the end the following: 

7 ‘‘(H) PROHIBITION ON LIMITING DURA8 TION OF ASSISTANCE TO LESS THAN 60

9 MONTHS.—A State to which a grant is made 

10 under section 403 shall not impose a limit of 

11 less than 60 months on the duration for which 

12 a family may be provided assistance from Fed13 eral or State funds under the State program 

14 funded under this part or under a program 

15 funded with qualified State expenditures (as de16 fined in section 409(a)(7)(B)(i)).’’. 

17 (2) CONFORMING AMENDMENT.—The heading 

18 of section 409(a)(9) (42 U.S.C. 609(a)(9)) is 

19 amended by striking ‘‘5-YEAR LIMIT’’ and inserting 

20 ‘‘RULES GOVERNING DURATIONAL LIMITS’’. 

21 (b) REQUIREMENT TO CONDUCT OUTREACH TO IN22 FORM POTENTIALLY ELIGIBLE FAMILIES OF ELIMI23 NATION OF DURATIONAL LIMIT ON ASSISTANCE OF LESS

24 THAN 60 MONTHS.— 


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1 (1) IN GENERAL.—Section 408(a) (42 U.S.C. 

2 608(a)), as amended by section 7(d)(1) of this Act, 

3 is amended by adding at the end the following: 

4 ‘‘(15) REQUIREMENT TO CONDUCT OUTREACH

5 TO INFORM POTENTIALLY ELIGIBLE RECIPIENTS OF

6 ASSISTANCE OF ELIMINATION OF DURATIONAL LIMIT

7 ON ASSISTANCE OF LESS THAN 60 MONTHS.—A 

8 State to which a grant is made under section 403 

9 for a fiscal year that, before the effective date of this 

10 paragraph, denied assistance under the State pro11 gram funded under this part or any other State pro12 gram funded by qualified State expenditures (as de13 fined in section 409(a)(7)(B)(i)) to an individual or 

14 family on the basis of a durational limit on the as15 sistance that was imposed other than under section 

16 408(a)(7) shall conduct outreach to inform individ17 uals and families who were so denied that they may 

18 be eligible for additional months of the assistance.’’. 

19 (2) PENALTY.—Section 409(a) (42 U.S.C. 

20 609(a)), as amended by sections 5(c)(2)(A) and 

21 7(d)(1) of this Act, is amended by adding at the end 

22 the following: 

23 ‘‘(18) FAILURE TO CONDUCT OUTREACH TO IN24 FORM POTENTIALLY ELIGIBLE RECIPIENTS OF AS25 SISTANCE OF ELIMINATION OF DURATIONAL LIMIT


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1 ON ASSISTANCE OF LESS THAN 60 MONTHS.—If the 

2 Secretary determines that a State to which a grant 

3 is made under section 403 in a fiscal year has vio4 lated section 408(a)(15) during the fiscal year, the 

5 Secretary shall reduce the grant payable to the State 

6 under section 403(a)(1) for the immediately suc7 ceeding fiscal year by an amount equal to 5 percent 

8 of the State family assistance grant.’’. 

9 (c) STATE PLAN REQUIRED TO INCLUDE DESCRIP10 TION OF HOW POTENTIALLY ELIGIBLE RECIPIENTS WILL

11 BE INFORMED OF ELIMINATION OF DURATIONAL LIMIT

12 ON ASSISTANCE OF LESS THAN 60 MONTHS.—Section 

13 402(a)(1)(B) (42 U.S.C. 602(a)(1)(B)) is amended by 

14 adding at the end the following: 

15 ‘‘(vi) In the case of a State that, be16 fore the date this clause takes effect, de17 nied assistance under the program to an 

18 individual or family on the basis of a 

19 durational limit on the assistance that was 

20 imposed other than under section 

21 408(a)(7), the document shall describe how 

22 the State intends to inform the individuals 

23 and families who were so denied that they 

24 may be eligible for additional months of 

25 the assistance.’’. 


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1 SEC. 9. RESPONSE OF TANF PROGRAM TO ECONOMIC RE2 CESSIONS. 

3 (a) INAPPLICABILITY OF DURATIONAL LIMIT ON AS4 SISTANCE.—Section 408(a)(7) (42 U.S.C. 608(a)(7)), as 

5 amended by section 8(a)(1)(C) of this Act, is amended by 

6 adding at the end the following: 

7 ‘‘(I) INAPPLICABILITY OF DURATIONAL

8 LIMIT DURING RECESSION.—Subparagraph (A) 

9 shall not apply in a State during any month 

10 which is in a high unemployment period with 

11 respect to the State. 

12 ‘‘(J) DISREGARD OF ASSISTANCE PRO13 VIDED DURING RECESSION.—In determining 

14 the number of months for which an adult has 

15 received assistance under a State or tribal pro16 gram funded under this part or any other State 

17 program funded by qualified State expenditures 

18 (as defined in section 409(a)(7)(B)(i)), the 

19 State or tribe shall disregard any month which 

20 is in a high unemployment period with respect 

21 to the State. 

22 ‘‘(K) 6-MONTH GRACE PERIOD REQUIRED

23 AFTER RECESSION.—Subparagraph (A) shall 

24 not apply to a recipient of assistance under the 

25 State program funded under this part or any 

26 other State program funded by qualified State 


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1 expenditures (as defined in section 

2 409(a)(7)(B)(i)) during the 6-month period 

3 that begins with the month immediately fol4 lowing a high unemployment period with re5 spect to the State if the recipient received the 

6 assistance for the last month of the period.’’. 

7 (b) REQUIREMENT TO CONDUCT OUTREACH TO IN8 FORM POTENTIALLY ELIGIBLE FAMILIES OF SUSPENSION

9 OF DURATIONAL LIMIT ON ASSISTANCE.— 

10 (1) IN GENERAL.—Section 408(a) (42 U.S.C. 

11 608(a)), as amended by sections 7(d)(1) and 8(b)(1) 

12 of this Act, is amended by adding at the end the fol13 lowing: 

14 ‘‘(16) REQUIREMENT TO CONDUCT OUTREACH

15 TO INFORM POTENTIALLY ELIGIBLE RECIPIENTS OF

16 ASSISTANCE OF SUSPENSION OF DURATIONAL LIMIT

17 ON ASSISTANCE.—In each month which is a high un18 employment period with respect to a State to which 

19 a grant is made under section 403 for a fiscal year, 

20 the State shall conduct outreach to inform individ21 uals and families who are potentially eligible for as22 sistance under the State program funded under this 

23 part or any other State program funded by qualified 

24 State expenditures (as defined in section 


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1 409(a)(7)(B)(i)) of the suspension of any durational 

2 limit on assistance under the program.’’. 

3 (2) PENALTY.—Section 409(a) (42 U.S.C. 

4 609(a)), as amended by sections 5(c)(2)(A), 7(d)(1), 

5 and 8(b)(2) of this Act, is amended by adding at the 

6 end the following: 

7 ‘‘(19) FAILURE TO CONDUCT OUTREACH TO IN8 FORM POTENTIALLY ELIGIBLE RECIPIENTS OF AS9 SISTANCE OF SUSPENSION OF DURATIONAL LIMIT

10 ON ASSISTANCE.—If the Secretary determines that a 

11 State to which a grant is made under section 403 

12 in a fiscal year has violated section 408(a)(16) dur13 ing the fiscal year, the Secretary shall reduce the 

14 grant payable to the State under section 403(a)(1) 

15 for the immediately succeeding fiscal year by an 

16 amount equal to 5 percent of the State family assist17 ance grant.’’. 

18 (c) STATE PLAN REQUIRED TO INCLUDE DESCRIP19 TION OF HOW POTENTIALLY ELIGIBLE RECIPIENTS WILL

20 BE INFORMED OF SUSPENSION OF TIME LIMITS DURING

21 RECESSION.—Section 402(a)(1)(B) (42 U.S.C. 

22 602(a)(1)(B)), as amended by section 8(c) of this Act, is 

23 amended by adding at the end the following: 

24 ‘‘(vii) The document shall describe 

25 how the State intends to inform potentially 


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1 eligible recipients of assistance under the 

2 program of the suspension of durational 

3 limits on the assistance during a high un4 employment period with respect to the 

5 State.’’. 

6 (d) HIGH UNEMPLOYMENT PERIOD DEFINED.—Sec7 tion 419 (42 U.S.C. 619) is amended by adding at the 

8 end the following: 

9 ‘‘(6) HIGH UNEMPLOYMENT PERIOD DE10 FINED.—The term ‘high unemployment period’ 

11 means, with respect to a State, a period of 1 or 

12 more consecutive months if the average rate of total 

13 unemployment in the State (seasonally adjusted) for 

14 the period consisting of the then most recent 3 

15 months for which data for all States are published 

16 equals or exceeds 6.5 percent.’’. 

17 SEC. 10. REQUIREMENT THAT STATES USE MERIT-BASED 

18 SYSTEM IN ADMINISTRATION OF TANF PRO19 GRAMS. 

20 (a) PROGRAM REQUIREMENT.—Section 408(a) (42 

21 U.S.C. 608(a)), as amended by sections 7(d)(1), 8(b)(1), 

22 and 9(b)(1) of this Act, is amended by adding at the end 

23 the following: 

24 ‘‘(17) REQUIREMENT TO USE MERIT-BASED

25 SYSTEM IN ADMINISTERING PROGRAM.—A State to 


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1 which a grant is made under section 403 shall estab2 lish and maintain personnel standards through a 

3 merit-based system, in administering the State pro4 gram funded under this part and any other State 

5 program funded by qualified State expenditures (as 

6 defined in section 409(a)(7)(B)(i)).’’. 

7 (b) PENALTY.—Section 409(a) (42 U.S.C. 609), as 

8 amended by sections 5(c)(2)(A), 7(d)(1), 8(b)(2), and 

9 9(b)(2) of this Act, is amended by adding at the end the 

10 following: 

11 ‘‘(20) PENALTY FOR FAILURE TO USE MERIT12 BASED SYSTEM IN ADMINISTERING PROGRAM.—If 

13 the Secretary determines that a State to which a 

14 grant is made under section 403 in a fiscal year has 

15 violated section 408(a)(17) during the fiscal year, 

16 the Secretary shall reduce the grant payable to the 

17 State under section 403(a)(1) for the immediately 

18 succeeding fiscal year by an amount equal to 5 per19 cent of the State family assistance grant.’’. 

20 SEC. 11. BAN ON USING FEDERAL TANF FUNDS TO RE21 PLACE STATE AND LOCAL SPENDING THAT 

22 DOES NOT MEET THE DEFINITION OF QUALI23 FIED STATE EXPENDITURES. 

24 (a) PROHIBITION.—Section 408(a) (42 U.S.C. 

25 608(a)), as amended by sections 7(d)(1), 8(b)(1), 9(b)(1), 


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1 and 10(a) of this Act, is amended by adding at the end 

2 the following: 

3 ‘‘(18) BAN ON USING FEDERAL TANF FUNDS

4 TO REPLACE STATE OR LOCAL SPENDING THAT IS

5 NOT A QUALIFIED STATE EXPENDITURE.—A State 

6 to which a grant is made under section 403, and a 

7 sub-State entity that receives funds from such a 

8 grant, shall not expend any part of the grant funds 

9 to supplant State or local spending for benefits or 

10 services which are not qualified State expenditures 

11 (within the meaning of section 409(a)(7)(B)(i)).’’. 

12 (b) PENALTY.—Section 409(a) (42 U.S.C. 609), as 

13 amended by sections 5(c)(2)(A), 7(d)(1), 8(b)(2), 9(b)(2), 

14 and 10(b) of this Act, is amended by adding at the end 

15 the following: 

16 ‘‘(21) USE OF FEDERAL TANF FUNDS TO RE17 PLACE STATE OR LOCAL SPENDING THAT IS NOT A

18 QUALIFIED STATE EXPENDITURE.—If the Secretary 

19 determines that a State to which a grant is made 

20 under section 403 in a fiscal year has violated sec21 tion 408(a)(18) during the fiscal year, the Secretary 

22 shall reduce the grant payable to the State under 

23 section 403(a)(1) for the immediately succeeding fis24 cal year by an amount equal to 5 percent of the 

25 State family assistance grant.’’. 


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1 SEC. 12. TANF ASSISTANCE TO MEET BASIC FAMILY ECO2 NOMIC NEEDS. 

3 (a) STATE PLAN REQUIREMENT.—Section 

4 402(a)(1)(B) (42 U.S.C. 602(a)(1)(B)), as amended by 

5 sections 8(c) and 9(d) of this Act, is amended by adding 

6 at the end the following: 

7 ‘‘(viii) FAMILY BUDGET PROVI8 SIONS.—The document shall set forth a 

9 family budget of a dollar amount sufficient 

10 to meet the basic economic needs (includ11 ing food, clothing, shelter, utilities, house12 hold goods, personal care items, and gen13 eral incidental expenses) of a family, how 

14 the family budget is adjusted for family 

15 size, the method used to estimate the fam16 ily budget (including a statement of the re17 lationship between shelter and utility costs 

18 and the fair market rents in localities in 

19 the State), and the relationship between 

20 the amount of assistance provided to each 

21 family under the program and the amount 

22 of the family budget for the family.’’. 

23 (b) PROGRAM REQUIREMENT.—Section 408(a) (42 

24 U.S.C. 608(a)), as amended by sections 7(d)(1), 8(b)(1), 

25 9(b)(1), 10(a), and 11(a) of this Act, is amended by add26 ing at the end the following: 


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1 ‘‘(19) REQUIREMENT THAT AMOUNT OF ASSIST2 ANCE MEET BASIC ECONOMIC NEEDS.—A State to 

3 which a grant is made under section 403 shall en4 sure that the total amount of assistance provided to 

5 a family under the State program funded under this 

6 part and all programs funded with qualified State 

7 expenditures (as defined in section 409(a)(7)(B)(i)) 

8 for which the family is eligible is sufficient to meet 

9 the basic economic needs of the family, taking into 

10 account all earned and unearned income of the fam11 ily and an amount not to exceed the value of the 

12 supplemental nutrition assistance benefits provided 

13 to the family under the Food and Nutrition Act of 

14 2008.’’. 

15 (c) PENALTY.—Section 409(a) (42 U.S.C. 609), as 

16 amended by sections 5(c)(2)(A), 7(d)(1), 8(b)(2), 9(b)(2), 

17 10(b), and 11(b) of this Act, is amended by adding at the 

18 end the following: 

19 ‘‘(22) PENALTY FOR FAILURE OF STATE TANF

20 ASSISTANCE TO MEET BASIC ECONOMIC NEEDS OF A

21 RECIPIENT FAMILY.—If the Secretary determines 

22 that a State to which a grant is made under section 

23 403 in a fiscal year has violated section 408(a)(19) 

24 during the fiscal year, the Secretary shall reduce the 

25 grant payable to the State under section 403(a)(1) 


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1 for the immediately succeeding fiscal year by an 

2 amount equal to 5 percent of the State family assist3 ance grant.’’. 

4 SEC. 13. STATE PLANS AND REPORTS ON CHILD POVERTY. 

5 (a) CHILD POVERTY REDUCTION AS A PURPOSE OF

6 THE TANF PROGRAM.—Section 401(a)(1) (42 U.S.C. 

7 601(a)(1)) is amended by redesignating paragraphs (1) 

8 through (4) as paragraphs (2) through (5), respectively, 

9 and by inserting before paragraph (2) (as so redesignated) 

10 the following: 

11 ‘‘(1) reduce poverty among children;’’. 

12 (b) STATE PLAN PROVISIONS.— 

13 (1) MATTERS REQUIRED TO BE ADDRESSED.— 

14 Section 402(a)(1)(A) (42 U.S.C. 602(a)(1)(A)) is 

15 amended by adding at the end the following: 

16 ‘‘(vii) GOALS AND METHODS FOR RE17 DUCING CHILD POVERTY.—Reduce child 

18 poverty using Federal funds provided 

19 under this part and State funds, including 

20 establishing numerical goals for reducing 

21 child poverty. 

22 ‘‘(viii) GOALS AND TRACKING OF

23 WORK OUTCOMES.—Track work-related 

24 outcomes for recipients of assistance under 

25 the program, such as employment entries, 


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1 wages, and job retention, including estab2 lishing numerical goals for work-related 

3 outcomes for recipients. 

4 ‘‘(ix) PROVIDE PREVENTATIVE SERV5 ICES TO FAMILIES AT-RISK OF ABUSE OR

6 NEGLECT.—Provide benefits and services 

7 to families at-risk of having their children 

8 removed from the home because of abuse 

9 and neglect, using Federal funds provided 

10 under this part and State funds. 

11 ‘‘(x) HOW NONCUSTODIAL PARENTS

12 WILL BE SERVED.—Serve noncustodial 

13 parents, using Federal funds provided 

14 under this part and State funds.’’. 

15 (2) PUBLIC AVAILABILITY.—Section 402(c) (42 

16 U.S.C. 602(c)) is amended to read as follows: 

17 ‘‘(c) PUBLIC AVAILABILITY.— 

18 ‘‘(1) IN GENERAL.—The State shall make avail19 able to the public, including by posting on a public 

20 website of the State or another appropriate 

21 website— 

22 ‘‘(A) each draft of any plan or plan 

23 amendment to be submitted by the State under 

24 this section, for at least 45 days before the sub25 mission; and 


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1 ‘‘(B) any such plan or amendment certified 

2 by the Secretary to be complete. 

3 ‘‘(2) PROCEDURES.—The State shall establish 

4 procedures to receive and respond to comments from 

5 the public, private sector organizations, and local 

6 governments on any draft referred to in paragraph 

7 (1).’’. 

8 (c) ANNUAL PERFORMANCE REPORT.—Section 411 

9 (42 U.S.C. 611) is amended by adding at the end the fol10 lowing: 

11 ‘‘(d) ANNUAL PERFORMANCE REPORT BY STATES.— 

12 Not later than December 31 of each year, each eligible 

13 State shall submit to the Secretary (in accordance with 

14 such form and content rules as the Secretary, in consulta15 tion with the National Governor’s Association, National 

16 Association of State Legislatures, and the American Pub17 lic Human Services Association, develops) a report on the 

18 following aspects of the State program funded under this 

19 part in the preceding fiscal year: 

20 ‘‘(1) Whether the State met the child poverty 

21 reduction goals set forth in the State plan. This part 

22 of the report shall include a discussion of the fac23 tors, including benefits, services, and activities fund24 ed with Federal funds provided under this part or 


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1 State funds, which contributed to the meeting of, or 

2 the failure to meet, the goals. 

3 ‘‘(2) Whether the work programs of the State 

4 were effective in meeting the objectives and numer5 ical goals of the State plan. This part of the report 

6 shall include a discussion of data derived from the 

7 tracking of recipients, including— 

8 ‘‘(A) the number of families that left the 

9 State program funded under this part; 

10 ‘‘(B) the employment rate for those who 

11 left the program in each calendar quarter; 

12 ‘‘(C) the wage rates of those who left the 

13 program, including the percentage of leavers 

14 who, in each calendar quarter, earned an 

15 amount equal to at least 50 percent of the aver16 age wage then paid in the State; and 

17 ‘‘(D) the employment outcomes of those 

18 who left the program because of a durational 

19 limit on assistance, reported at 6 months, 12 

20 months, 24, months, and 36 months after leav21 ing the program. 

22 The Secretary shall provide States with technical as23 sistance in preparing this part of the report, includ24 ing by providing States with data from the National 

25 Directory of New Hires. 


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1 ‘‘(3) Whether the State has been effective in 

2 providing benefits and services under the program to 

3 persons with disabilities. This part of the report 

4 shall include a report on recipients of assistance 

5 under the State program funded under this part who 

6 participated in work activities (as defined in section 

7 407(d)) pursuant to a modified employability plan 

8 due to disability, including the following: 

9 ‘‘(A) The aggregate number of recipients 

10 with modified employability plans due to a dis11 ability. 

12 ‘‘(B) The percentage of all recipients with 

13 modified employability plans who substantially 

14 complied with activities set forth in the plans 

15 each month of the fiscal year. 

16 ‘‘(C) Information regarding the most prev17 alent types of physical and mental impairments 

18 that provided the basis for the disability deter19 minations. 

20 ‘‘(D) The percentage of cases with a modi21 fied employability plan in which the recipient 

22 had a disability, was caring for a child with a 

23 disability, or was caring for another family 

24 member with a disability. 


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1 ‘‘(E) A description of the most prevalent 

2 types of modification in work activities or hours 

3 of participation that were included in the modi4 fied employability plans. 

5 ‘‘(F) A description of the qualifications of 

6 the staff who determined whether individuals 

7 had a disability, of the staff who determined 

8 that individuals needed modifications to their 

9 work requirements, and of the staff who devel10 oped the modified employability plans. 

11 ‘‘(4) The effectiveness of the benefits and serv12 ices provided under the State program in reducing 

13 the number of children removed from their homes 

14 because of abuse and neglect. This part of the report 

15 shall include an analysis which includes the fol16 lowing: 

17 ‘‘(A) The number of families provided the 

18 benefits or services that were at risk of having 

19 their children removed from the home. 

20 ‘‘(B) The number of families served by the 

21 program that had 1 or more children removed 

22 from the home because of abuse or neglect. 

23 ‘‘(5) An analysis of the extent to which the ben24 efits and services under the State program were pro25 vided to noncustodial parents. 


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1 ‘‘(6) How funds provided to the State under 

2 this part, with a separate accounting for funds pro3 vided under section 403(a)(3) and funds provided 

4 under section 403(b), were used to serve areas of the 

5 State with the greatest need (as referred to in sec6 tion 402(a)(1)(A)(i)). This part of the report shall 

7 include supporting data.’’. 

8 (d) ANNUAL REPORT TO CONGRESS ON THE EF9 FORTS OF STATE PROGRAMS TO PROMOTE AND SUPPORT

10 EMPLOYMENT FOR INDIVIDUALS WITH DISABILITIES.— 

11 Section 411 (42 U.S.C. 611), as amended by subsection 

12 (b) of this section, is amended by adding at the end the 

13 following: 

14 ‘‘(e) REPORT BY SECRETARY.—Not later than July 

15 31 of each fiscal year, the Secretary shall submit to the 

16 Congress a report, entitled ‘Efforts in State TANF Pro17 grams to Promote and Support Employment for Individ18 uals with Disabilities’, that includes information on State 

19 efforts to engage individuals with disabilities in work ac20 tivities during the preceding fiscal year. The report shall 

21 include the following information: 

22 ‘‘(1) For each State, the number of individuals 

23 for whom the State has developed a modified em24 ployability plan. 


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1 ‘‘(2) The types of physical and mental impair2 ments that provided the basis for the disability de3 termination, and whether the individual with the dis4 ability was an adult recipient or minor child head of 

5 household, a child, or a non-recipient family mem6 ber. 

7 ‘‘(3) The types of modifications that States 

8 have included in modified employability plans. 

9 ‘‘(4) The extent to which individuals with a 

10 modified employability plan are participating in work 

11 activities. 

12 ‘‘(5) For each State, an analysis of the extent 

13 to which the option to establish modified employ14 ability plans was a factor in the State achieving or 

15 not achieving the minimum participation rate re16 quired by section 407(a).’’. 

17 (e) REPORT TO CONGRESS ON LEGISLATIVE OPTIONS

18 TO REWARD STATES WITH HIGH EMPLOYMENT RATES

19 AND HIGH RATES OF EMPLOYMENT AT GOOD WAGES.— 

20 Within 4 years after the effective date of this section, the 

21 Secretary of Health and Human Services shall submit to 

22 the Congress a report that sets forth options for the enact23 ment of legislation to provide financial or other rewards 

24 to States that have high rates of employment and high 

25 rates of employment at good wages. 


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1 SEC. 14. REQUIREMENT THAT STATES ADOPT STANDARDS 

2 AND PROCEDURES TO ADDRESS DOMESTIC 

3 AND SEXUAL VIOLENCE AMONG TANF RE4 CIPIENTS. 

5 (a) IN GENERAL.—Section 402(a)(7) (42 U.S.C. 

6 602(a)(7)) is amended— 

7 (1) by striking the paragraph heading and in8 serting ‘‘CERTIFICATION OF STANDARDS AND PRO9 CEDURES REGARDING DOMESTIC AND SEXUAL VIO10 LENCE’’; 

11 (2) by striking subparagraph (A) and inserting 

12 the following: 

13 ‘‘(A) IN GENERAL.—A certification by the 

14 chief executive officer of the State that the 

15 State has established and is enforcing stand16 ards and procedures to ensure the right and en17 titlement of victims of domestic or sexual vio18 lence (notwithstanding section 401(b)) seeking 

19 or receiving assistance under the State program 

20 funded under this part or any other State pro21 gram funded by qualified State expenditures (as 

22 defined in section 409(a)(7)(B)(i))— 

23 ‘‘(i) to be screened and identified 

24 while maintaining the confidentiality of the 

25 victims; 


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1 ‘‘(ii) to be referred to counseling and 

2 supportive services; 

3 ‘‘(iii) to be granted a waiver, pursuant 

4 to a determination of good cause, of pro5 gram requirements such as time limits (for 

6 so long as necessary), residency require7 ments, child support cooperation require8 ments, and family cap provisions, in cases 

9 where compliance with the requirements 

10 would make it more difficult for the vic11 tims to escape domestic or sexual violence 

12 or unfairly penalize the victims or other in13 dividuals who are at risk of further domes14 tic or sexual violence; 

15 ‘‘(iv) to apply to participate in the 

16 program on the same day the victim ap17 pears in person in a program office during 

18 office hours; 

19 ‘‘(v) to have an application that con20 tains the name, address, and signature of 

21 the victim considered to be filed on the 

22 date the application is submitted; 

23 ‘‘(vi) to receive at the time of applica24 tion a clear, written statement explaining 

25 what the victim must do to cooperate in 


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1 obtaining verification and otherwise com2 pleting the application process; and 

3 ‘‘(vii) if the victim has completed the 

4 application process, to have the eligibility 

5 of the victim for assistance determined 

6 promptly, and to be provided assistance 

7 retroactive to the application date if deter8 mined eligible within 30 days after the ap9 plication date.’’; and 

10 (3) in subparagraph (B)— 

11 (A) in the subparagraph heading, by in12 serting ‘‘OR SEXUAL’’ after ‘‘DOMESTIC’’; and 

13 (B) in the text, by inserting ‘‘or sexual’’ 

14 after ‘‘domestic’’. 

15 (b) REPORT TO THE CONGRESS ON BEST PRACTICES

16 OF STATES.—Section 413 (42 U.S.C. 613) is amended by 

17 adding at the end the following: 

18 ‘‘(k) REPORT TO CONGRESS ON BEST PRACTICES OF

19 STATES IN ADDRESSING DOMESTIC AND SEXUAL VIO20 LENCE SUFFERED BY TANF RECIPIENTS.—Every 4 

21 years, the Secretary shall prepare and submit to the Con22 gress a report which examines the practices of States in 

23 implementing section 402(a)(7), and identifies the best 

24 practices used to do so.’’. 


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1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall take effect on October 1, 2012. 

3 SEC. 15. CHILD CARE ENTITLEMENT. 

4 (a) REPLACEMENT OF REQUIREMENT THAT POR5 TION OF FUNDS BE USED FOR CERTAIN POPULATIONS

6 WITH CHILD CARE GUARANTEE.—Section 418(b)(2) (42 

7 U.S.C. 618(b)(2)) is amended to read as follows: 

8 ‘‘(2) CHILD CARE TO BE GUARANTEED FOR

9 CERTAIN POPULATIONS.—As a condition of receiving 

10 funds under this section, a State shall guarantee the 

11 provision of child care services to— 

12 ‘‘(A) each recipient of assistance under the 

13 State program funded under this part or under 

14 a State program funded with qualified State ex15 penditures (as defined in section 

16 409(a)(7)(B)(i)) of this Act, and to each work17 eligible individual (as defined in section 

18 407(a)(2) of this Act), for any period in which 

19 the recipient or individual is— 

20 ‘‘(i) participating in a work activity 

21 (as defined in section 407(d) of this Act); 

22 ‘‘(ii) employed, and in a family the 

23 total income of which does not exceed 250 

24 percent of the poverty line (within the 

25 meaning of section 673(2) of the Omnibus 


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1 Budget Reconciliation Act of 1981, includ2 ing any revision required by such section 

3 applicable to a family of the size involved); 

4 or 

5 ‘‘(iii) engaged in employment sub6 sidized by the State; or 

7 ‘‘(B) each individual who is a former re8 cipient of assistance under such a program or 

9 a former work-eligible individual, for any por10 tion of the 24-month period, beginning with the 

11 date the individual left the program involved, in 

12 which the individual is employed and in a fam13 ily that meets the income requirement of sub14 paragraph (A)(ii).’’. 

15 (b) ELIMINATION OF STATE CAPS.—Section 418(a) 

16 (42 U.S.C. 618(a)) is amended— 

17 (1) in paragraph (2)— 

18 (A) by striking subparagraphs (B) and (D) 

19 and redesignating subparagraph (C) as sub20 paragraph (B); and 

21 (B) in subparagraph (B) (as so redesig22 nated), by striking ‘‘the lesser of the State’s al23 lotment under subparagraph (B) or’’; and 

24 (2) in paragraph (5), by striking ‘‘(2)(C)’’ and 

25 inserting ‘‘(2)(B)’’. 


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1 (c) OPEN-ENDED ENTITLEMENT.—Section 418(a) 

2 (42 U.S.C. 618(a)) is amended— 

3 (1) in paragraph (1), by striking ‘‘Subject to 

4 the amount appropriated under paragraph (3), 

5 each’’ and inserting ‘‘Each’’; and 

6 (2) in paragraph (3), by striking ‘‘appro7 priated—’’ and all that follows and inserting ‘‘appro8 priated such sums as are necessary to carry out this 

9 section for each fiscal year.’’. 

10 (d) USE OF FUNDS IN ACCORDANCE WITH CHILD

11 CARE AND DEVELOPMENT BLOCK GRANT ACT OF 1990 

12 EXCEPT AS REQUIRED BY CHILD CARE GUARANTEE.— 

13 Section 418(c) (42 U.S.C. 618(c)) is amended by inserting 

14 ‘‘except to the extent that such a requirement or limitation 

15 would interfere with the provision of child care services 

16 required by subsection (b)(2)’’ before the period. 

17 SEC. 16. CHILD SUPPORT ENFORCEMENT. 

18 (a) ELIMINATION OF BAN ON PROVIDING ASSIST19 ANCE TO FAMILIES NOT ASSIGNING CERTAIN SUPPORT

20 RIGHTS TO THE STATE.— 

21 (1) IN GENERAL.—Section 408(a) (42 U.S.C. 

22 608(a)) is amended by striking paragraph (3). 

23 (2) CONFORMING AMENDMENTS.—The fol24 lowing provisions are each amended by inserting 

25 after ‘‘section 408(a)(3)’’ the following: ‘‘(as in efVerDate Mar 15 2010 22:59 Dec 07, 2011 Jkt 019200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\H3573.IH H3573

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1 fect before the effective date of the amendments 

2 made by section 10(a) of the Rewriting to Improve 

3 and Secure an Exit Out of Poverty Act took ef4 fect)’’: 

5 (A) Section 452(a)(10)(C) (42 U.S.C. 

6 652(a)(10)(C)). 

7 (B) Section 452(h) (42 U.S.C. 652(h)). 

8 (C) Section 454(5)(A) (42 U.S.C. 

9 654(5)(A)). 

10 (D) Section 456(a)(1) (42 U.S.C. 

11 656(a)(1)). 

12 (E) Section 457(a)(2)(B)(i) (42 U.S.C. 

13 657(a)(2)(B)(i)). 

14 (F) Section 457(a)(3)(A) (42 U.S.C. 

15 657(a)(3)(A)). 

16 (G) Section 457(a)(3)(B) (42 U.S.C. 

17 657(a)(3)(B)). 

18 (H) Section 464(a)(1) (42 U.S.C. 

19 664(a)(1)). 

20 (I) Section 466(a)(3)(B) (42 U.S.C. 

21 666(a)(3)(B)). 

22 (b) REQUIREMENT THAT ALL CHILD SUPPORT COL23 LECTED ON BEHALF OF A CHILD IN A FAMILY RECEIVING

24 TANF BE DISTRIBUTED TO THE FAMILY.— 


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1 (1) IN GENERAL.—Section 457 (42 U.S.C. 657) 

2 is amended— 

3 (A) in subsection (c)(1), by striking 

4 ‘‘means—’’ and all that follows through ‘‘(B) 

5 foster’’ and inserting ‘‘means foster’’; and 

6 (B) by adding at the end the following: 

7 ‘‘(f) Notwithstanding the preceding provisions of this 

8 section, all amounts collected by a State as child support 

9 on behalf of a child in a family that is receiving assistance 

10 under the State program funded under part A or under 

11 the State plan approved under part A of this title (as in 

12 effect on the day before the date of the enactment of the 

13 Personal Responsibility and Work Opportunity Reconcili14 ation Act of 1996) shall be distributed to the family.’’. 

15 (2) CONFORMING AMENDMENTS.—Section 

16 458(b)(5)(C)(i)(I) (42 U.S.C. 658(b)(5)(C)(i)(I)) is 

17 amended— 

18 (A) by inserting ‘‘is collected on behalf of 

19 a child described in section 457(f) or’’ after 

20 ‘‘involved’’; and 

21 (B) by striking ‘‘A or’’. 


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1 SEC. 17. STATE OPTION TO EXTEND ELIGIBILITY FOR AS2 SISTANCE TO CHILDREN THROUGH AGE 21; 

3 PROHIBITION ON CONSIDERING FINANCIAL 

4 AID TIED TO EDUCATION OF CHILD IN DE5 TERMINING ELIGIBILITY FOR, OR AMOUNT 

6 OF ASSISTANCE; PROHIBITION ON IMPOSING 

7 ADDITIONAL REQUIREMENTS BASED ON EDU8 CATIONAL ENROLLMENT OF CHILD. 

9 (a) STATE OPTION TO EXTEND TANF TO CHIL10 DREN UNDER AGE 22.—Section 419(a)(2) (42 U.S.C. 

11 619(a)(2)) is amended— 

12 (1) by striking ‘‘or’’ at the end of subparagraph 

13 (A); 

14 (2) by striking the period at the end of sub15 paragraph (B) and inserting ‘‘; or’’; and 

16 (3) by adding at the end the following: 

17 ‘‘(C) at the option of the State, has not at18 tained 22 years of age.’’. 

19 (b) BAN ON CONSIDERING FINANCIAL AID TIED TO

20 EDUCATION OF CHILD IN DETERMINING ELIGIBILITY

21 FOR, OR AMOUNT OF ASSISTANCE; BAN ON IMPOSING AD22 DITIONAL REQUIREMENTS BASED ON EDUCATIONAL EN23 ROLLMENT OF CHILD.— 

24 (1) PROHIBITIONS.—Section 408(a) (42 U.S.C. 

25 608(a)), as amended by sections 5(c)(2)(A), 7(d)(1), 


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1 8(b)(1), 9(b)(1), 10(a), 11(a), and 12(b) of this Act, 

2 is amended by adding at the end the following: 

3 ‘‘(20) BAN ON CONSIDERING FINANCIAL AID

4 TIED TO EDUCATION OF CHILD IN DETERMINING

5 ELIGIBILITY FOR, OR AMOUNT OF ASSISTANCE; BAN

6 ON IMPOSING ADDITIONAL REQUIREMENTS BASED

7 ON EDUCATIONAL ENROLLMENT OF CHILD.—A 

8 State to which a grant is made under section 403 

9 for a fiscal year shall not— 

10 ‘‘(A) consider financial aid tied to the 

11 training, school attendance, or postsecondary 

12 school attendance of a minor child in deter13 mining that the eligibility of the family of the 

14 child for, or the amount of assistance to be pro15 vided to the family, under the State program 

16 funded under this part or any other State pro17 gram funded by qualified State expenditures (as 

18 defined in section 409(a)(7)(B)(i)); or 

19 ‘‘(B) impose additional requirements on a 

20 family solely because the family includes a 

21 minor child who is enrolled in a training pro22 gram, school, or post-secondary educational in23 stitution.’’. 

24 (2) PENALTY.—Section 409(a) (42 U.S.C. 

25 609), as amended by sections 5(c)(2)(A), 7(d)(1), 


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1 8(b)(2), 9(b)(2), 10(b), 11(b), and 12(c) of this Act, 

2 is amended by adding at the end the following: 

3 ‘‘(23) CONSIDERING EDUCATIONAL ENROLL4 MENT OF CHILD OR OF FINANCIAL AID TIED TO

5 EDUCATION OF CHILD.—If the Secretary determines 

6 that a State to which a grant is made under section 

7 403 in a fiscal year has violated section 408(a)(20) 

8 during the fiscal year, the Secretary shall reduce the 

9 grant payable to the State under section 403(a)(1) 

10 for the immediately succeeding fiscal year by an 

11 amount equal to 5 percent of the State family assist12 ance grant.’’. 

13 SEC. 18. ELIMINATION OF CERTAIN OTHER BARS TO TANF 

14 ASSISTANCE. 

15 (a) BAR ON ASSISTANCE FOR PERSONS CONVICTED

16 OF DRUG FELONIES.—Section 115 of the Personal Re17 sponsibility and Work Opportunity Reconciliation Act of 

18 1996 (21 U.S.C. 862a) is amended— 

19 (1) in the section heading by striking ‘‘ASSIST20 ANCE AND’’ and inserting ‘‘SUPPLEMENTAL NU21 TRITION ASSISTANCE’’; 

22 (2) in subsection (a), by striking ‘‘for—’’ and 

23 all that follows through ‘‘(2) benefits’’ and inserting 

24 ‘‘for benefits’’; 


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1 (3) in subsection (b), by striking all through 

2 ‘‘The amount of benefits’’ and inserting the fol3 lowing: 

4 ‘‘(b) EFFECTS ON BENEFITS FOR OTHERS.—The 

5 amount of benefits’’; 

6 (4) in subsection (c), by striking ‘‘assistance 

7 or’’; and 

8 (5) in subsection (e), by striking ‘‘it—’’ and all 

9 that follows through ‘‘in section 3(s)’’ and inserting 

10 ‘‘it in section 3(s)’’. 

11 (b) BAR ON ASSISTANCE FOR UNWED TEEN PAR12 ENTS NOT IN SCHOOL.—Section 408(a) (42 U.S.C. 

13 608(a)) is amended by striking paragraph (4). 

14 (c) BAR ON ASSISTANCE FOR TEENS NOT IN AN

15 ADULT-SUPERVISED LIVING ARRANGEMENT.—Section 

16 408(a) (42 U.S.C. 608(a)) is amended by striking para17 graph (5). 

18 (d) REDESIGNATION OF PROVISIONS.— 

19 (1) IN GENERAL.—Section 408(a) (42 U.S.C. 

20 608(a)), as amended by the preceding provisions of 

21 this Act, is amended by redesignating paragraphs 

22 (6) through (20) as paragraphs (3) through (17), re23 spectively. 

24 (2) CONFORMING AMENDMENTS.— 


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1 (A) Section 402(a)(7)(B) (42 U.S.C. 

2 602(a)(7)(B)) is amended by striking 

3 ‘‘408(a)(7)(C)(iii)’’ and inserting 

4 ‘‘408(a)(4)(C)(iii)’’. 

5 (B) Section 403(a)(5)(C)(ii)(II) (42 U.S.C. 

6 603(a)(5)(C)(ii)(II)) is amended by striking 

7 ‘‘408(a)(7)(C)’’ and inserting ‘‘408(a)(4)(C)’’. 

8 (C) Section 403(a)(5)(C)(v) (42 U.S.C. 

9 603(a)(5)(C)(v)) is amended by striking 

10 ‘‘408(a)(7)’’ and inserting ‘‘408(a)(4)’’. 

11 (D) Section 409(a)(7)(B)(i)(IV) (42 

12 U.S.C. 609(a)(7)(B)(i)(IV)) is amended by 

13 striking ‘‘408(a)(7)’’ and inserting ‘‘408(a)(4)’’. 

14 (E) Section 409(a)(9) (42 U.S.C. 

15 609(a)(9)) is amended by striking ‘‘408(a)(7)’’ 

16 and inserting ‘‘408(a)(4)’’. 

17 (F) Section 409(a)(16), as added by sec18 tion 7(d)(1)(A)(ii) of this Act, is amended by 

19 striking ‘‘408(a)(13)’’ and inserting 

20 ‘‘408(a)(10)’’. 

21 (G) Section 409(a)(17), as added by sec22 tion 7(d)(1)(B)(ii) of this Act, is amended by 

23 striking ‘‘408(a)(14)’’ and inserting 

24 ‘‘408(a)(11)’’. 


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1 (H) Section 409(a)(18), as added by sec2 tion 8(b)(2) of this Act, is amended by striking 

3 ‘‘408(a)(15)’’ and inserting ‘‘408(a)(12)’’. 

4 (I) Section 409(a)(19), as added by section 

5 9(b)(2) of this Act, is amended by striking 

6 ‘‘408(a)(16)’’ and inserting ‘‘408(a)(13)’’. 

7 (J) Section 409(a)(20), as added by sec8 tion 10(b) of this Act, is amended by striking 

9 ‘‘408(a)(17)’’ and inserting ‘‘408(a)(14)’’. 

10 (K) Section 409(a)(21), as added by sec11 tion 11(b) of this Act, is amended by striking 

12 ‘‘408(a)(18)’’ and inserting ‘‘408(a)(15)’’. 

13 (L) Section 409(a)(22), as added by sec14 tion 12(c) of this Act, is amended by striking 

15 ‘‘408(a)(19)’’ and inserting ‘‘408(a)(16)’’. 

16 (M) Section 409(a)(23), as added by sec17 tion 17(b)(2) of this Act, is amended by strik18 ing ‘‘408(a)(20)’’ and inserting ‘‘408(a)(17)’’. 

19 (N) Section 411(a)(1)(A)(xvi) (42 U.S.C. 

20 611(a)(1)(A)(xvi)) is amended by striking 

21 ‘‘408(a)(7)’’ and inserting ‘‘408(a)(7)(A)’’. 

22 SEC. 19. EFFECTIVE DATE. 

23 (a) IN GENERAL.—Except as otherwise provided in 

24 this Act, this Act and the amendments made by this Act 

25 shall take effect on October 1, 2011, and shall apply to 


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1 payments under title IV of the Social Security Act for cal2 endar quarters beginning on or after such date, without 

3 regard to whether regulations to implement the amend4 ments are promulgated by such date. 

5 (b) DELAY PERMITTED IF STATE LEGISLATION RE6 QUIRED.—If the Secretary of Health and Human Services 

7 determines that State legislation (other than legislation 

8 appropriating funds) is required in order for a State plan 

9 under part A or E of title IV of the Social Security Act 

10 to meet the additional requirements imposed by the 

11 amendments made by this Act, the plan shall not be re12 garded as failing to meet any of the additional require13 ments before the 1st day of the 1st calendar quarter be14 ginning after the close of the first regular session of the 

15 State legislature that begins after the date of the enact16 ment of this Act. If the State has a 2-year legislative ses17 sion, each year of the session is deemed to be a separate 

18 regular session of the State legislature. 

Æ 


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