I 

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. 

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 2013 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) PENALTY FOR FAILURE TO MAINTAIN EFFORT

2 ADJUSTED FOR INFLATION.—Section 409(a)(7) (42 

3 U.S.C. 609(a)(7)) is amended— 

4 (1) in subparagraph (A), by inserting ‘‘the in5 flation-adjusted’’ before ‘‘historic State expendi6 tures’’; and 

7 (2) in subparagraph (B), by redesignating 

8 clauses (iii) through (v) as clauses (iv) through (vi), 

9 respectively, and inserting after clause (ii) the fol10 lowing: 

11 ‘‘(iii) INFLATION-ADJUSTED HISTORIC

12 STATE EXPENDITURES.—The term ‘infla13 tion-adjusted historic State expenditures’ 

14 means, with respect to a fiscal year— 

15 ‘‘(I) historic State expenditures; 

16 multiplied by 

17 ‘‘(II) 1.00, plus (in the case of 

18 fiscal year 2014 or any succeeding fis19 cal year) the percentage (if any) by 

20 which the average of the CPI (as de21 fined in section 403(a)(1)(B)(iii)) for 

22 the 12-month period ending with June 

23 of the preceding fiscal year exceeds 

24 the average of the CPI (as so defined) 


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1 for the 12-month period ending with 

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

3 (c) MODIFICATION OF CONTINGENCY FUND.— 

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

5 603(b)) is amended by striking all that follows para6 graph (1) and inserting the following: 

7 ‘‘(2) GRANTS.— 

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

9 make a grant to each eligible State and each 

10 Indian tribe that is an economically needy enti11 ty for a calendar quarter, in an amount equal 

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

13 the total amount of relevant expenditures of the 

14 entity for the quarter exceeds the total amount 

15 of the relevant expenditures of the entity for 

16 the corresponding quarter in the base year of 

17 the entity, subject to paragraph (2). 

18 ‘‘(B) LIMITATION.—The total amount pay19 able to an entity under this subsection for a fis20 cal year shall not exceed an amount equal to 25 

21 percent of the amount payable to the entity— 

22 ‘‘(i) if the entity is a State, under sec23 tion 403(a)(1) for the fiscal year; or 

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

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


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

2 ‘‘(A) ECONOMICALLY NEEDY ENTITY.— 

3 The term ‘economically needy entity’ means an 

4 entity with respect to a calendar quarter— 

5 ‘‘(i) if the seasonally adjusted average 

6 unemployment rate with respect to entity 

7 for the quarter or any of the preceding 4 

8 calendar quarters exceeds 6.5 percent; or 

9 ‘‘(ii) in the case that the unemploy10 ment rate information described in clause 

11 (i) is not available with respect to the enti12 ty, if the entity meets such qualifications 

13 as the Secretary, in consultation with the 

14 Secretary of Labor, shall, by regulation, 

15 prescribe. 

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

17 means, with respect to an entity, and a cal18 endar quarter in a fiscal year— 

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

20 whichever of the 2 fiscal years most re21 cently preceding the 1st fiscal year of the 

22 most recent contingency fund eligibility pe23 riod for the entity, is the fiscal year in 

24 which the relevant expenditures of the enti25 ty were the lesser; or 


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1 ‘‘(ii) if the 1st year of the period re2 ferred to in clause (i) is fiscal year 2013, 

3 whichever of fiscal year 2007 or 2008 is 

4 the fiscal year in which the relevant ex5 penditures of the entity were the lesser. 

6 ‘‘(C) CONTINGENCY FUND ELIGIBILITY PE7 RIOD.—The term ‘contingency fund eligibility 

8 period’ means, with respect to an entity, a pe9 riod of 1 or more consecutive calendar quarters 

10 for which the entity is an economically needy 

11 entity. 

12 ‘‘(D) RELEVANT EXPENDITURES.— 

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

14 expenditures’ means expenditures— 

15 ‘‘(I) for assistance under the pro16 gram funded under this part of the 

17 entity (including, in the case of a 

18 State, any qualified State expendi19 tures (as defined in section 

20 409(a)(7)(B)(i)) and any expenditures 

21 under any other State program fund22 ed by such expenditures); 

23 ‘‘(II) for child care; 

24 ‘‘(III) for subsidized employment 

25 under the program funded under this 


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1 part of the entity (including, in the 

2 case of a State, such expenditures 

3 under any other State program fund4 ed by qualified State expenditures (as 

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

6 other than expenditures made using 

7 Federal funds or with respect to 

8 which the entity received a grant 

9 made under paragraph (3) of this 

10 subsection; and 

11 ‘‘(IV) for administrative costs as12 sociated with making the expenditures 

13 referred to in the preceding sub14 clauses of this clause. 

15 ‘‘(ii) CHILD CARE EXPENDITURES.— 

16 For purposes of clause (i), expenditures for 

17 child care consist of the following: 

18 ‘‘(I) Amounts transferred under 

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

20 ‘‘(II) Expenditures for child care 

21 assistance from Federal funds pro22 vided under this part. 

23 ‘‘(III) In the case of an entity 

24 that is a State, expenditures for child 

25 care assistance that are qualified 


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1 State expenditures (as defined in sec2 tion 409(a)(7)(B)(i)), but only to the 

3 extent exceeding the total expendi4 tures of the State (other than from 

5 Federal funds) for child care in fiscal 

6 year 1994 or 1995 (whichever is the 

7 greater). 

8 ‘‘(iii) AUTHORITY TO COLLECT AND

9 ADJUST DATA.—In determining the 

10 amount of the expenditures of a State for 

11 basic assistance, child care, and subsidized 

12 employment, during any period for which 

13 the State requests funds under this sub14 section, and during the base year of the 

15 State, the Secretary may make appropriate 

16 adjustments to the data, on a State-by17 State basis, to ensure that the data are 

18 comparable with respect to the groups of 

19 families served and the types of aid pro20 vided. The Secretary may develop a mecha21 nism for collecting expenditure data, in22 cluding procedures which allow States to 

23 make reasonable estimates, and may set 

24 deadlines for making revisions to the data. 


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

2 grant is made under this subsection shall use the 

3 grant to serve areas of the State with the greatest 

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

5 ‘‘(5) APPROPRIATION.— 

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

7 the Treasury of the United States not otherwise 

8 appropriated, there are appropriated for pay9 ment to the Fund— 

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

11 2013; and 

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

13 the amount appropriated under this para14 graph for the then preceding fiscal year, 

15 increased by the percentage (if any) by 

16 which the amount appropriated under sec17 tion 403(a)(1) for the fiscal year involved 

18 exceeds the amount appropriated under 

19 such section for the then preceding fiscal 

20 year. 

21 ‘‘(B) AVAILABILITY.—Amounts made 

22 available under this paragraph for a fiscal year 

23 shall remain available until expended. 

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

25 OF EXHAUSTION OF FUND.—The Secretary shall 


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1 monitor the amount in, and the rate at which 

2 amounts are paid from, the Fund, and if the Sec3 retary determines that the Fund will be exhausted 

4 within 6 months, the Secretary shall— 

5 ‘‘(A) notify the Congress of the determina6 tion; and 

7 ‘‘(B) develop and communicate to each 

8 State and Indian tribe that is an economically 

9 needy entity as of the date of the determina10 tion, the procedure for allocating amounts in 

11 the Fund among such entities.’’. 

12 (2) ELIMINATION OF PENALTY FOR FAILURE

13 OF STATE RECEIVING AMOUNTS FROM CONTINGENCY

14 FUND TO MAINTAIN 100 PERCENT OF HISTORIC EF15 FORT.— 

16 (A) IN GENERAL.—Section 409(a) (42 

17 U.S.C. 609(a)) is amended by striking para18 graph (10) and redesignating paragraphs (11) 

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

20 respectively. 

21 (B) CONFORMING AMENDMENTS.—Section 

22 409 (42 U.S.C. 609) is amended in each of sub23 sections (b)(2) and (c)(4), by striking ‘‘(10), 

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


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1 (3) CONFORMING AMENDMENT.—Section 

2 409(a)(3)(C) (42 U.S.C. 609(a)(3)(C)) is amended 

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

4 403(b)(6))’’ and inserting ‘‘economically needy enti5 ty (as defined in section 403(b)(3)(A))’’. 

6 (4) AMOUNTS PROVIDED TO TERRITORIES

7 FROM THE CONTINGENCY FUND TO BE DIS8 REGARDED FOR PURPOSES OF LIMITATION ON PAY9 MENTS TO THE TERRITORIES.—Section 1108(a)(2) 

10 (42 U.S.C. 1308(a)(2)) is amended by inserting 

11 ‘‘403(b),’’ before ‘‘406,’’. 

12 (d) MATCHING GRANTS FOR SUBSIDIZED EMPLOY13 MENT.— 

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

15 603(a)), as amended by subsection (a)(2) of this sec16 tion, is further amended by inserting after para17 graph (2) the following: 

18 ‘‘(3) MATCHING GRANTS FOR SUBSIDIZED EM19 PLOYMENT.— 

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

21 make a grant— 

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

23 the 50 States or the District of Columbia, 

24 for each fiscal year for which the State is 

25 an MOE State; and 


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

2 50 States or the District of Columbia, and 

3 to each Indian tribe, for each fiscal year 

4 for which the State or tribe, as the case 

5 may be, meets such terms and conditions 

6 as the Secretary shall, by regulation, estab7 lish, which shall be comparable to the 

8 terms and conditions under which grants 

9 are made under clause (i). 

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

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

12 qualified expenditures of the State (as defined 

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

14 exceeds the applicable percentage (as defined in 

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

16 historic State expenditures (as defined in clause 

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

18 to the fiscal year. 

19 ‘‘(C) AMOUNT OF GRANT.— 

20 ‘‘(i) STATES.— 

21 ‘‘(I) IN GENERAL.—The grant to 

22 be made to a State under subpara23 graph (A)(i) for a fiscal year shall be 

24 in an amount equal to 50 percent of 

25 the excess expenditures of the State 


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1 for subsidized employment during the 

2 fiscal year. 

3 ‘‘(II) EXCESS EXPENDITURES OF

4 THE STATE FOR SUBSIDIZED EMPLOY5 MENT.—The term ‘excess expendi6 tures of the State for subsidized em7 ployment’ means, with respect to a 

8 fiscal year, the lesser of— 

9 ‘‘(aa) the excess described in 

10 subparagraph (B) with respect to 

11 the State for the fiscal year; or 

12 ‘‘(bb) an amount equal to 

13 the total expenditures of the 

14 State for subsidized employment 

15 funded under this part or under 

16 any other State program funded 

17 by qualified State expenditures 

18 (as defined in section 

19 409(a)(7)(B)(i)), excluding those 

20 with respect to which a grant is 

21 made to the State under sub22 section (b) of this section, during 

23 the fiscal year. 

24 ‘‘(ii) INDIAN TRIBES.—The grant to 

25 be made to an Indian tribe under this 


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1 paragraph shall be in such amount as the 

2 Secretary deems appropriate. 

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

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

5 grant is made under this paragraph shall use 

6 the grant solely to finance subsidized employ7 ment activities, and to serve areas of the State 

8 with the greatest need (as referred to in section 

9 402(a)(1)(A)). 

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

11 in the Treasury of the United States not other12 wise appropriated, there are appropriated such 

13 sums as are necessary for grants under this 

14 paragraph for each fiscal year.’’. 

15 (2) AMOUNTS PROVIDED TO TERRITORIES

16 FROM THE MATCHING GRANT TO BE DISREGARDED

17 FOR PURPOSES OF LIMITATION ON PAYMENTS TO

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

19 1308(a)(2)) is amended by inserting ‘‘403(a)(3),’’ 

20 after ‘‘403(a)(2),’’. 

21 (3) DATA REPORTS REQUIRED WITH RESPECT

22 TO FAMILIES THAT INCLUDE AN INDIVIDUAL PAR23 TICIPATING IN SUBSIDIZED EMPLOYMENT PRO24 GRAMS.—Section 411(a)(1)(A) (42 U.S.C. 

25 611(a)(1)(A)) is amended, in the matter before 


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1 clause (i), by inserting ‘‘, and families that include 

2 an individual participating in subsidized employment 

3 funded with Federal funds or qualified State expend4 itures (as so defined)’’ before the colon. 

5 (e) TRIBAL FAMILY ASSISTANCE GRANTS.—Section 

6 412(a)(1) (42 U.S.C. 612(a)(1)) is amended— 

7 (1) in subparagraph (A), by striking ‘‘fiscal 

8 year 2012’’ and inserting ‘‘each fiscal year’’; and 

9 (2) in subparagraph (B)— 

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

11 (iii); and 

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

13 following: 

14 ‘‘(i) IN GENERAL.—The amount de15 termined under this subparagraph for a 

16 fiscal year is an amount equal to the sum 

17 of the adjusted historic expenditures for 

18 the fiscal year with respect to each State 

19 in which there lies a service area of the In20 dian tribe is located. 

21 ‘‘(ii) ADJUSTED HISTORIC EXPENDI22 TURES DEFINED.—In clause (i), the term 

23 ‘adjusted historic expenditures’ means, 

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

25 an Indian tribe, the total amount of the 


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1 Federal payments to the State under sec2 tion 403 (as then in effect) for fiscal year 

3 1994 attributable to expenditures (other 

4 than child care expenditures) by the State 

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

6 fiscal year 1994 for Indian families resid7 ing in the service areas identified by the 

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

9 this section that are in the State, increased 

10 by the percentage (if any) by which the 

11 amount of the grant payable under section 

12 403(a)(1) for the fiscal year to the State 

13 exceeds the amount of the grant so payable 

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

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

16 U.S.C. 614) is amended— 

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

18 following: 

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

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

21 policies and programs related to low-income families, in22 cluding policies and programs under State programs fund23 ed under this part or funded with qualified State expendi24 tures (as defined in section 409(a)(7)(B)(i)), including 

25 changes and policies in such programs made pursuant to 


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1 the Rewriting to Improve and Secure an Exit Out of Pov2 erty Act. The Director shall design the study in consulta3 tion with the Secretary. Every 5 years, the Director shall, 

4 in consultation with the Secretary, revise the content and 

5 nature of the study to reflect emerging policy issues re6 lated to low-income families.’’; and 

7 (2) in subsection (b), by striking ‘‘fiscal year 

8 2012’’ and inserting ‘‘each fiscal year’’. 

9 (g) FUNDING OF STUDIES AND EVALUATIONS.—Sec10 tion 413(h)(1) (42 U.S.C. 613(h)(1)) is amended by strik11 ing ‘‘fiscal year 2012’’ and inserting ‘‘each fiscal year’’. 

12 (h) MATCHING GRANTS TO CERTAIN TERRI13 TORIES.—Section 1108 (42 U.S.C. 1308) is amended— 

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

15 403(a)(1) (to the extent exceeding the amount re16 quired to be so paid to the territory for fiscal year 

17 2011),’’ before ‘‘403(a)(2)’’; and 

18 (2) in subsection (b)(2), by striking ‘‘fiscal year 

19 2012’’ and inserting ‘‘each fiscal year’’. 

20 SEC. 6. WORK REQUIREMENTS. 

21 (a) PARTICIPATION RATE REQUIREMENT.—Section 

22 407 (42 U.S.C. 607) is amended by striking subsections 

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

24 ‘‘(a) PARTICIPATION RATE REQUIREMENT.— 


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

2 is made under section 403 for a fiscal year shall 

3 achieve a minimum participation rate of 50 percent 

4 with respect to all families residing in the State that 

5 include a work-eligible individual. 

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

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

8 term ‘work-eligible individual’, subject to sub9 paragraphs (B) and (C), means— 

10 ‘‘(i) an adult recipient of assistance 

11 under the State program funded under this 

12 part or under any other State program 

13 funded by qualified State expenditures (as 

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

15 ‘‘(ii) a former recipient of such assist16 ance who is— 

17 ‘‘(I) a parent of a dependent 

18 child who is such a recipient; and 

19 ‘‘(II) no longer eligible for assist20 ance under the State program funded 

21 under this part by reason of section 

22 408(a)(7); and 

23 ‘‘(iii) a participant in a subsidized em24 ployment program funded under this part 

25 or under any other State program funded 


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1 by qualified State expenditures (as defined 

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

3 ‘‘(B) EXCLUSION OF INDIVIDUALS SANC4 TIONED OR UNDERGOING PRE-SANCTION RE5 VIEW.—The term ‘work-eligible individual’ does 

6 not include any individual with respect to 

7 whom— 

8 ‘‘(i) there is in effect a penalty im9 posed by the State under subsection (e) of 

10 this section; or 

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

12 completed) the pre-sanction review process 

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

14 ‘‘(C) STATE OPTION TO EXCLUDE CERTAIN

15 INDIVIDUALS.—A State may exclude from the 

16 term ‘work-eligible individual’ any resident of 

17 the State who is— 

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

19 who has not attained 1 year of age; 

20 ‘‘(ii) a recipient of supplemental secu21 rity income benefits under title XVI, dis22 ability insurance benefits under title II, or 

23 other Federal or State benefits based on 

24 disability; 


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1 ‘‘(iii) an applicant for supplemental 

2 security income benefits under title XVI; 

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

4 the home of the individual to care for a 

5 disabled member of the family of the indi6 vidual; or 

7 ‘‘(v) an individual who (but for the ex8 ercise of the State option under this 

9 clause) would be a work-eligible individual 

10 under a tribal family assistance plan ap11 proved under section 412 or under a tribal 

12 work program to which funds are provided 

13 under this part. 

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

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

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

17 for a fiscal year is the average of the participation 

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

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

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

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

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

23 State that include a work-eligible individual who 

24 is engaged in work for the month; divided by 


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

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

3 (b) PARTICIPATION REQUIREMENTS.—Section 

4 407(c) (42 U.S.C. 607(c)) is amended to read as follows: 

5 ‘‘(c) ENGAGED IN WORK.—For purposes of sub6 section (b): 

7 ‘‘(1) GENERAL RULE.—An individual is en8 gaged in work for a month in a fiscal year if the re9 cipient is participating in work activities for an aver10 age of at least 20 hours per week during the month. 

11 ‘‘(2) INDIVIDUALS COMPLYING WITH A MODI12 FIED EMPLOYABILITY PLAN DEEMED TO BE EN13 GAGED IN WORK.—An individual is deemed to be en14 gaged in work for a month if the State determines 

15 that the individual is in substantial compliance with 

16 the activities and hourly participation requirements 

17 of a modified employability plan developed for the 

18 individual in accordance with section 408(h). 

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

20 MARRIED TEEN WHO MAINTAINS SATISFACTORY

21 SCHOOL ATTENDANCE DEEMED TO BE ENGAGED IN

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

23 household and has not attained 20 years of age is 

24 deemed to be engaged in work for a month if the reVerDate Mar 15 2010 00:06 Mar 01, 2013 Jkt 029200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H814.IH H814

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1 cipient maintains satisfactory attendance at sec2 ondary school or the equivalent during the month.’’. 

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

4 VOCATIONAL EDUCATIONAL TRAINING AS A WORK ACTIV5 ITY.—Section 407(d)(8) (42 U.S.C. 607(d)(8)) is amend6 ed by striking ‘‘(not to exceed 12 months with respect to 

7 any individual)’’. 

8 SEC. 7. WORK RULES. 

9 (a) OPTION OF RECIPIENT TO HAVE TRAINED PER10 SONNEL ASSESS CERTAIN BARRIERS TO EMPLOYMENT; 

11 ADDITIONAL MATTERS REQUIRED TO BE ASSESSED.— 

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

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

14 recipient, shall be conducted by trained personnel 

15 with respect to barriers to employment specified by 

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

17 (2) by striking ‘‘and employability’’ and insert18 ing ‘‘employability, physical and mental impair19 ments, English proficiency, child care needs, and 

20 whether the recipient is a victim of domestic or sex21 ual violence,’’. 

22 (b) INDIVIDUAL RESPONSIBILITY PLANS.— 

23 (1) PLANS REQUIRED; PLANS TO INCLUDE

24 WELL-BEING PLANS FOR CHILDREN.—Section 


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1 408(b)(2)(A) (42 U.S.C. 608(b)(2)(A)) is amend2 ed— 

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

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

5 (B) in clause (iv)— 

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

7 ‘‘counseling’’; and 

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

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

10 and inserting ‘‘; and’’; and 

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

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

13 each child in the family.’’. 

14 (2) DEADLINE FOR COMPLETION OF PLAN.— 

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

16 amended by striking ‘‘individual—’’ and all that fol17 lows and inserting ‘‘individual within 90 days after 

18 the individual is determined eligible for the assist19 ance.’’. 

20 (3) SANCTION FOR FAILURE OF STATE TO DE21 VELOP PLAN.—Section 409(a) (42 U.S.C. 609(a)), 

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

23 amended by adding at the end the following: 


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1 ‘‘(16) PENALTY FOR FAILURE OF STATE TO DE2 VELOP REQUIRED INDIVIDUAL RESPONSIBILITY

3 PLAN.— 

4 ‘‘(A) IN GENERAL.—If the Secretary deter5 mines that a State to which a grant is made 

6 under section 403 in a fiscal year has violated 

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

8 Secretary shall reduce the grant payable to the 

9 State under section 403(a)(1) for the imme10 diately succeeding fiscal year by an amount 

11 equal to not more than 5 percent of the State 

12 family assistance grant. 

13 ‘‘(B) PENALTY BASED ON SEVERITY OF

14 FAILURE.—The Secretary shall impose reduc15 tions under subparagraph (A) with respect to a 

16 fiscal year based on the degree of noncompli17 ance.’’. 

18 (4) CONFORMING AMENDMENT.—Section 

19 408(b) (42 U.S.C. 608(b)) is amended by striking 

20 paragraph (4). 

21 (c) MODIFIED EMPLOYABILITY PLANS FOR CERTAIN

22 INDIVIDUALS WITH DISABILITIES.—Section 408 (42 

23 U.S.C. 608) is amended by adding at the end the fol24 lowing: 


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1 ‘‘(h) AUTHORITY TO DEVELOP MODIFIED EMPLOY2 ABILITY PLAN FOR A RECIPIENT OF ASSISTANCE WITH, 

3 OR CARING FOR A FAMILY MEMBER WITH, A DIS4 ABILITY.— 

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

6 modified employability plan for a recipient of assist7 ance under the State program funded under this 

8 part— 

9 ‘‘(A) who— 

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

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

12 ‘‘(ii) has been determined by a quali13 fied medical, mental health, addiction, or 

14 social services professional (as determined 

15 by the State) to have a disability; or 

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

17 with a disability (as so determined). 

18 ‘‘(2) CONTENTS OF PLAN.—The modified em19 ployability plan shall— 

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

21 of the disability of the recipient or the indi22 vidual for whom the recipient is caring, reason23 able modification of work activities, hourly par24 ticipation requirements, or both, is needed in 


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1 order for the recipient to participate in the ac2 tivities; 

3 ‘‘(B) describe the modified work activities 

4 in which the recipient is required to participate; 

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

6 for which the recipient is required to participate 

7 in the modified work activities, based on an 

8 evaluation by the State of the circumstances of 

9 the family; 

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

11 modifications that the State will provide to the 

12 recipient or the family of the recipient; 

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

14 recipient; and 

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

16 6 months. 

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

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

19 means a mental or physical impairment, includ20 ing substance abuse or addiction, that— 

21 ‘‘(i) constitutes or results in a sub22 stantial impediment to employment; or 

23 ‘‘(ii) substantially limits 1 or more 

24 major life activities. 


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

2 term ‘modified work activities’ means activities 

3 which the State has determined will help the re4 cipient become employable.’’. 

5 (d) SANCTIONS.— 

6 (1) GENERAL SANCTION PROVISIONS.— 

7 (A) PROHIBITION ON IMPOSING LIFETIME

8 OR FULL FAMILY SANCTION.— 

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

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

11 the end the following: 

12 ‘‘(13) PROHIBITION ON IMPOSING LIFETIME OR

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

14 is made under section 403 shall not impose a life15 time prohibition on the provision of assistance to 

16 any individual or family under the State program 

17 funded under this part or under a program funded 

18 with qualified State expenditures (as defined in sec19 tion 409(a)(7)(B)(i)) on the basis of the failure of 

20 a member of the family to comply with a program 

21 requirement.’’. 

22 (ii) PENALTY.—Section 409(a) (42 

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

24 5(c)(2)(A) of this Act and subsection 


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1 (b)(3) of this section, is amended by add2 ing at the end the following: 

3 ‘‘(17) PENALTY FOR IMPOSING LIFETIME OR

4 FULL FAMILY SANCTION.—If the Secretary deter5 mines that a State to which a grant is made under 

6 section 403 in a fiscal year has violated section 

7 408(a)(13) during the fiscal year, the Secretary 

8 shall reduce the grant payable to the State under 

9 section 403(a)(1) for the immediately succeeding fis10 cal year by an amount equal to 5 percent of the 

11 State family assistance grant.’’. 

12 (B) DUE PROCESS PROTECTIONS.— 

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

14 U.S.C. 608(a)), as amended by subpara15 graph (A)(i) of this paragraph, is amended 

16 by adding at the end the following: 

17 ‘‘(14) SANCTION PROCEDURES.— 

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

19 Before imposing a sanction against an indi20 vidual or family receiving assistance under the 

21 State program funded under this part or under 

22 a program funded with qualified State expendi23 tures (as defined in section 409(a)(7)(B)(i)) for 

24 failure to comply with program requirements, 

25 the State shall take the following steps: 


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1 ‘‘(i) Provide or send notice to the indi2 vidual or family, and, if the recipient’s na3 tive language is not English, through a 

4 culturally competent written or verbal 

5 translation, of the following information: 

6 ‘‘(I) The specific reason for the 

7 proposed sanction. 

8 ‘‘(II) The amount of the pro9 posed sanction. 

10 ‘‘(III) The length of time during 

11 which the proposed sanction would be 

12 in effect. 

13 ‘‘(IV) The steps required to come 

14 into compliance or to show good cause 

15 for noncompliance. 

16 ‘‘(V) That the agency will provide 

17 assistance to help the individual dem18 onstrate good cause for noncompli19 ance, or come into compliance with 

20 program requirements. 

21 ‘‘(VI) That the individual may 

22 appeal the determination to impose a 

23 sanction, and the steps that the indi24 vidual must take to pursue such an 

25 appeal. 


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

2 (iii)— 

3 ‘‘(aa) an individual, other than 

4 the individual who determined that a 

5 sanction be imposed, will review the 

6 determination and have the authority 

7 to take the actions described in sub8 clause (II); and 

9 ‘‘(bb) the individual or family 

10 against whom the sanction is to be 

11 imposed shall be afforded the oppor12 tunity to meet with the individual who 

13 is reviewing the determination to im14 pose the sanction. 

15 ‘‘(II) The action described in this sub16 clause are the following: 

17 ‘‘(aa) Modify the determination 

18 to impose a sanction. 

19 ‘‘(bb) Determine that there was 

20 good cause for the failure to comply. 

21 ‘‘(cc) Recommend modifications 

22 to the individual responsibility or em23 ployment plan of an individual. 


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1 ‘‘(dd) Make such other deter2 minations and take such other actions 

3 as may be appropriate. 

4 ‘‘(iii) The review required under 

5 clause (ii) shall include consideration of the 

6 following: 

7 ‘‘(I) To the extent applicable, 

8 whether barriers to compliance exist, 

9 such as a physical or mental impair10 ment (including mental illness, sub11 stance abuse, mental retardation, or a 

12 learning disability), domestic or sexual 

13 violence, limited proficiency in 

14 English, limited literacy, homeless15 ness, or the need to care for a child 

16 with a disability or health condition, 

17 that contributed to the noncompli18 ance. 

19 ‘‘(II) Whether the noncompliance 

20 resulted from failure to receive or 

21 have access to services identified as 

22 necessary in an individual responsi23 bility or employment plan. 

24 ‘‘(III) Whether changes to the in25 dividual responsibility or employment 


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1 plan of an individual should be made 

2 in order for the individual to come 

3 into compliance. 

4 ‘‘(IV) Whether there is good 

5 cause for any noncompliance. 

6 ‘‘(V) Whether the sanction poli7 cies of the State have been applied 

8 properly. 

9 ‘‘(B) SANCTION FOLLOW-UP REQUIRE10 MENTS.—If a State imposes a sanction on a 

11 family or individual for failing to comply with 

12 program requirements, the State shall— 

13 ‘‘(i) provide or send notice to the indi14 vidual or family, in language calculated to 

15 be understood by the individual or family, 

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

17 language is not English, through a cul18 turally competent translation, of the reason 

19 for the sanction and the steps the indi20 vidual or family must take to end the sanc21 tion; 

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

23 or benefits to the individual or family 

24 under the program (if the individual or 

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1 ance, services, or benefits) once the indi2 vidual who was not in compliance with pro3 gram requirements that led to the sanction 

4 complies with the requirements for a rea5 sonable period of time, as determined by 

6 the State and subject to State discretion to 

7 reduce the period; and 

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

9 providing the assistance, services, or bene10 fits as of the end of the 120-day period 

11 that begins on the date that is 60 days 

12 after the date on which the sanction was 

13 imposed, provide notice to the individual or 

14 family, in language calculated to be under15 stood by the individual or family, of the 

16 steps the individual or family must take to 

17 end the sanction, and of the availability of 

18 assistance to come into compliance or dem19 onstrate good cause for noncompliance. 

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

21 State shall make a reasonable effort to provide 

22 to an individual or family that has been evicted 

23 from a residence for failure to pay rent or as 

24 a result of another problem related to poverty, 


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1 any notice required by this paragraph to be 

2 provided to the individual or family.’’. 

3 (ii) PENALTY.—Section 409(a) (42 

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

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

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

7 this paragraph, is amended by adding at 

8 the end the following: 

9 ‘‘(18) PENALTY FOR FAILURE TO FOLLOW

10 SANCTION PROCEDURES.— 

11 ‘‘(A) IN GENERAL.—If the Secretary deter12 mines that a State to which a grant is made 

13 under section 403 in a fiscal year has violated 

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

15 Secretary shall reduce the grant payable to the 

16 State under section 403(a)(1) for the imme17 diately succeeding fiscal year by an amount 

18 equal to not more than 5 percent of the State 

19 family assistance grant. 

20 ‘‘(B) PENALTY BASED ON SEVERITY OF

21 FAILURE.—The Secretary shall impose reduc22 tions under subparagraph (A) with respect to a 

23 fiscal year based on the degree of noncompli24 ance.’’. 


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1 (iii) STATE PLAN REQUIREMENT TO

2 DESCRIBE HOW STATES WILL NOTIFY AP3 PLICANTS AND RECIPIENTS OF THEIR

4 RIGHTS UNDER THE PROGRAM AND OF PO5 TENTIAL BENEFITS AND SERVICES AVAIL6 ABLE UNDER THE PROGRAM.—Section 

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

8 602(a)(1)(B)(iii)) is amended by inserting 

9 ‘‘, and will notify applicants and recipients 

10 of assistance under the program of the 

11 rights of individuals under all laws applica12 ble to program activities and of all poten13 tial benefits and services available under 

14 the program’’ before the period. 

15 (2) MODIFICATIONS TO WORK SANCTION.— 

16 (A) ELIMINATION OF FULL FAMILY SANC17 TION; STATE REQUIRED TO ESTABLISH CER18 TAIN GOOD CAUSE EXCEPTIONS.—Section 

19 407(e)(1) (42 U.S.C. 607(e)(1)) is amended— 

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

21 follows through subparagraph (B) and in22 serting ‘‘shall reduce the amount of assist23 ance otherwise payable to the family pro 

24 rata with respect to any period during a 


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

2 and 

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

4 inserting the following ‘‘shall establish, 

5 which shall include the decline of an offer 

6 of employment at a wage less than the 

7 greater of the applicable Federal or State 

8 minimum wage, or 80 percent of the wage 

9 that would have governed had the min10 imum hourly rate under the Fair Labor 

11 Standards Act been applicable to the offer 

12 of employment, at a site subject to a strike 

13 or lockout at the time of refusal, or for 

14 medical reasons or a lack of sufficient 

15 physical strength or stamina’’. 

16 (B) PROHIBITION ON SANCTIONING INDI17 VIDUAL FOR FAILURE TO ENGAGE IN WORK IF

18 INDIVIDUAL HAS A CHILD UNDER AGE 6

19 MONTHS OR IF FAILURE RESULTS FROM IN20 ABILITY TO SECURE CHILD CARE OR AFTER21 SCHOOL ARRANGEMENTS FOR A CHILD UNDER

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

23 607(e)(2)) is amended by striking ‘‘refusal’’ 

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


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1 individual to engage in work required in accord2 ance with this section if— 

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

4 parent caring for a child who has not attained 

5 6 months of age; or 

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

7 parent caring for a child who has not attained 

8 13 years of age, and the failure resulted from 

9 the inability of the individual to secure child 

10 care or after-school arrangements for the 

11 child’’. 

12 (3) MODIFICATIONS TO CHILD SUPPORT SANC13 TION.—Section 408(a)(2) (42 U.S.C. 608(a)(2)) is 

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

15 and inserting ‘‘State shall deduct from the assist16 ance that would otherwise be provided to the family 

17 of the individual under the State program funded 

18 under this part an amount equal to 25 percent of 

19 the amount of the assistance.’’. 

20 (e) RELATED STATE PLAN REQUIREMENT.—Section 

21 402(a) (42 U.S.C. 602(a)) is amended by adding at the 

22 end the following: 

23 ‘‘(8) CERTIFICATION THAT EMPLOYMENT AS24 SESSMENTS AND SANCTION REVIEWS WILL BE CON25 DUCTED BY COMPETENT PERSONNEL.—A certifiVerDate Mar 15 2010 00:06 Mar 01, 2013 Jkt 029200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H814.IH H814

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1 cation by the chief executive officer of the State that 

2 the employment assessments conducted pursuant to 

3 section 408(b)(1) and the sanction reviews con4 ducted pursuant to section 408(a)(14)(A) will be 

5 conducted by personnel who have sufficient edu6 cation, training, and professional competence to do 

7 so, which shall include information on the education, 

8 training, and professional competence that State will 

9 require of the personnel.’’. 

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

11 MONTHS ON DURATION OF ASSISTANCE. 

12 (a) PROHIBITION.— 

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

14 U.S.C. 608(a)(7)) is amended— 

15 (A) in the paragraph heading, by striking 

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

17 and inserting ‘‘DURATIONAL LIMITS ON ASSIST18 ANCE’’; 

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

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

21 ASSISTANCE FOR MORE THAN 5 YEARS’’; and 

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

23 ‘‘(H) PROHIBITION ON LIMITING DURA24 TION OF ASSISTANCE TO LESS THAN 60

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


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1 under section 403 shall not impose a limit of 

2 less than 60 months on the duration for which 

3 a family may be provided assistance from Fed4 eral or State funds under the State program 

5 funded under this part or under a program 

6 funded with qualified State expenditures (as de7 fined in section 409(a)(7)(B)(i)).’’. 

8 (2) CONFORMING AMENDMENT.—The heading 

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

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

11 ‘‘RULES GOVERNING DURATIONAL LIMITS’’. 

12 (b) REQUIREMENT TO CONDUCT OUTREACH TO IN13 FORM POTENTIALLY ELIGIBLE FAMILIES OF ELIMI14 NATION OF DURATIONAL LIMIT ON ASSISTANCE OF LESS

15 THAN 60 MONTHS.— 

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

17 608(a)), as amended by section 7(d)(1) of this Act, 

18 is amended by adding at the end the following: 

19 ‘‘(15) REQUIREMENT TO CONDUCT OUTREACH

20 TO INFORM POTENTIALLY ELIGIBLE RECIPIENTS OF

21 ASSISTANCE OF ELIMINATION OF DURATIONAL LIMIT

22 ON ASSISTANCE OF LESS THAN 60 MONTHS.—A 

23 State to which a grant is made under section 403 

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

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1 gram funded under this part or any other State pro2 gram funded by qualified State expenditures (as de3 fined in section 409(a)(7)(B)(i)) to an individual or 

4 family on the basis of a durational limit on the as5 sistance that was imposed other than under section 

6 408(a)(7) shall conduct outreach to inform individ7 uals and families who were so denied that they may 

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

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

10 609(a)), as amended by sections 5(c)(2)(A) and 

11 7(d)(1) of this Act, is amended by adding at the end 

12 the following: 

13 ‘‘(19) FAILURE TO CONDUCT OUTREACH TO IN14 FORM POTENTIALLY ELIGIBLE RECIPIENTS OF AS15 SISTANCE OF ELIMINATION OF DURATIONAL LIMIT

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

17 Secretary determines that a State to which a grant 

18 is made under section 403 in a fiscal year has vio19 lated section 408(a)(15) during the fiscal year, the 

20 Secretary shall reduce the grant payable to the State 

21 under section 403(a)(1) for the immediately suc22 ceeding fiscal year by an amount equal to 5 percent 

23 of the State family assistance grant.’’. 

24 (c) STATE PLAN REQUIRED TO INCLUDE DESCRIP25 TION OF HOW POTENTIALLY ELIGIBLE RECIPIENTS WILL


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1 BE INFORMED OF ELIMINATION OF DURATIONAL LIMIT

2 ON ASSISTANCE OF LESS THAN 60 MONTHS.—Section 

3 402(a)(1)(B) (42 U.S.C. 602(a)(1)(B)) is amended by 

4 adding at the end the following: 

5 ‘‘(vi) In the case of a State that, be6 fore the date this clause takes effect, de7 nied assistance under the program to an 

8 individual or family on the basis of a 

9 durational limit on the assistance that was 

10 imposed other than under section 

11 408(a)(7), the document shall describe how 

12 the State intends to inform the individuals 

13 and families who were so denied that they 

14 may be eligible for additional months of 

15 the assistance.’’. 

16 SEC. 9. RESPONSE OF TANF PROGRAM TO ECONOMIC RE17 CESSIONS. 

18 (a) INAPPLICABILITY OF DURATIONAL LIMIT ON AS19 SISTANCE.—Section 408(a)(7) (42 U.S.C. 608(a)(7)), as 

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

21 adding at the end the following: 

22 ‘‘(I) INAPPLICABILITY OF DURATIONAL

23 LIMIT DURING RECESSION.—Subparagraph (A) 

24 shall not apply in a State during any month 


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1 which is in a high unemployment period with 

2 respect to the State. 

3 ‘‘(J) DISREGARD OF ASSISTANCE PRO4 VIDED DURING RECESSION.—In determining 

5 the number of months for which an adult has 

6 received assistance under a State or tribal pro7 gram funded under this part or any other State 

8 program funded by qualified State expenditures 

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

10 State or tribe shall disregard any month which 

11 is in a high unemployment period with respect 

12 to the State. 

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

14 AFTER RECESSION.—Subparagraph (A) shall 

15 not apply to a recipient of assistance under the 

16 State program funded under this part or any 

17 other State program funded by qualified State 

18 expenditures (as defined in section 

19 409(a)(7)(B)(i)) during the 6-month period 

20 that begins with the month immediately fol21 lowing a high unemployment period with re22 spect to the State if the recipient received the 

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


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1 (b) REQUIREMENT TO CONDUCT OUTREACH TO IN2 FORM POTENTIALLY ELIGIBLE FAMILIES OF SUSPENSION

3 OF DURATIONAL LIMIT ON ASSISTANCE.— 

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

5 608(a)), as amended by sections 7(d)(1) and 8(b)(1) 

6 of this Act, is amended by adding at the end the fol7 lowing: 

8 ‘‘(16) REQUIREMENT TO CONDUCT OUTREACH

9 TO INFORM POTENTIALLY ELIGIBLE RECIPIENTS OF

10 ASSISTANCE OF SUSPENSION OF DURATIONAL LIMIT

11 ON ASSISTANCE.—In each month which is a high un12 employment period with respect to a State to which 

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

14 the State shall conduct outreach to inform individ15 uals and families who are potentially eligible for as16 sistance under the State program funded under this 

17 part or any other State program funded by qualified 

18 State expenditures (as defined in section 

19 409(a)(7)(B)(i)) of the suspension of any durational 

20 limit on assistance under the program.’’. 

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

22 609(a)), as amended by sections 5(c)(2)(A), 7(d)(1), 

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

24 end the following: 


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1 ‘‘(20) FAILURE TO CONDUCT OUTREACH TO IN2 FORM POTENTIALLY ELIGIBLE RECIPIENTS OF AS3 SISTANCE OF SUSPENSION OF DURATIONAL LIMIT

4 ON ASSISTANCE.—If the Secretary determines that a 

5 State to which a grant is made under section 403 

6 in a fiscal year has violated section 408(a)(16) dur7 ing the fiscal year, the Secretary shall reduce the 

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

9 for the immediately succeeding fiscal year by an 

10 amount equal to 5 percent of the State family assist11 ance grant.’’. 

12 (c) STATE PLAN REQUIRED TO INCLUDE DESCRIP13 TION OF HOW POTENTIALLY ELIGIBLE RECIPIENTS WILL

14 BE INFORMED OF SUSPENSION OF TIME LIMITS DURING

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

16 602(a)(1)(B)), as amended by section 8(c) of this Act, is 

17 amended by adding at the end the following: 

18 ‘‘(vii) The document shall describe 

19 how the State intends to inform potentially 

20 eligible recipients of assistance under the 

21 program of the suspension of durational 

22 limits on the assistance during a high un23 employment period with respect to the 

24 State.’’. 


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1 (d) HIGH UNEMPLOYMENT PERIOD DEFINED.—Sec2 tion 419 (42 U.S.C. 619) is amended by adding at the 

3 end the following: 

4 ‘‘(6) HIGH UNEMPLOYMENT PERIOD DE5 FINED.—The term ‘high unemployment period’ 

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

7 more consecutive months if the average rate of total 

8 unemployment in the State (seasonally adjusted) for 

9 the period consisting of the then most recent 3 

10 months for which data for all States are published 

11 equals or exceeds 6.5 percent.’’. 

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

13 SYSTEM IN ADMINISTRATION OF TANF PRO14 GRAMS. 

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

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

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

18 the following: 

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

20 SYSTEM IN ADMINISTERING PROGRAM.—A State to 

21 which a grant is made under section 403 shall estab22 lish and maintain personnel standards through a 

23 merit-based system, in administering the State pro24 gram funded under this part and any other State 


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1 program funded by qualified State expenditures (as 

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

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

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

5 9(b)(2) of this Act, is amended by adding at the end the 

6 following: 

7 ‘‘(21) PENALTY FOR FAILURE TO USE MERIT8 BASED SYSTEM IN ADMINISTERING PROGRAM.—If 

9 the Secretary determines that a State to which a 

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

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

12 the Secretary shall reduce the grant payable to the 

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

14 succeeding fiscal year by an amount equal to 5 per15 cent of the State family assistance grant.’’. 

16 SEC. 11. BAN ON USING FEDERAL TANF FUNDS TO RE17 PLACE STATE AND LOCAL SPENDING THAT 

18 DOES NOT MEET THE DEFINITION OF QUALI19 FIED STATE EXPENDITURES. 

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

21 608(a)), as amended by sections 7(d)(1), 8(b)(1), 9(b)(1), 

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

23 the following: 

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

25 TO REPLACE STATE OR LOCAL SPENDING THAT IS


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1 NOT A QUALIFIED STATE EXPENDITURE.—A State 

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

3 sub-State entity that receives funds from such a 

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

5 to supplant State or local spending for benefits or 

6 services which are not qualified State expenditures 

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

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

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

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

11 the following: 

12 ‘‘(22) USE OF FEDERAL TANF FUNDS TO RE13 PLACE STATE OR LOCAL SPENDING THAT IS NOT A

14 QUALIFIED STATE EXPENDITURE.—If the Secretary 

15 determines that a State to which a grant is made 

16 under section 403 in a fiscal year has violated sec17 tion 408(a)(18) during the fiscal year, the Secretary 

18 shall reduce the grant payable to the State under 

19 section 403(a)(1) for the immediately succeeding fis20 cal year by an amount equal to 5 percent of the 

21 State family assistance grant.’’. 

22 SEC. 12. TANF ASSISTANCE TO MEET BASIC FAMILY ECO23 NOMIC NEEDS. 

24 (a) STATE PLAN REQUIREMENT.—Section 

25 402(a)(1)(B) (42 U.S.C. 602(a)(1)(B)), as amended by 


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

2 at the end the following: 

3 ‘‘(viii) FAMILY BUDGET PROVI4 SIONS.—The document shall set forth a 

5 family budget of a dollar amount sufficient 

6 to meet the basic economic needs (includ7 ing food, clothing, shelter, utilities, house8 hold goods, personal care items, and gen9 eral incidental expenses) of a family, how 

10 the family budget is adjusted for family 

11 size, the method used to estimate the fam12 ily budget (including a statement of the re13 lationship between shelter and utility costs 

14 and the fair market rents in localities in 

15 the State), and the relationship between 

16 the amount of assistance provided to each 

17 family under the program and the amount 

18 of the family budget for the family.’’. 

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

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

21 9(b)(1), 10(a), and 11(a) of this Act, is amended by add22 ing at the end the following: 

23 ‘‘(19) REQUIREMENT THAT AMOUNT OF ASSIST24 ANCE MEET BASIC ECONOMIC NEEDS.—A State to 

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1 sure that the total amount of assistance provided to 

2 a family under the State program funded under this 

3 part and all programs funded with qualified State 

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

5 for which the family is eligible is sufficient to meet 

6 the basic economic needs of the family, taking into 

7 account all earned and unearned income of the fam8 ily and an amount not to exceed the value of the 

9 supplemental nutrition assistance benefits provided 

10 to the family under the Food and Nutrition Act of 

11 2008.’’. 

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

15 end the following: 

16 ‘‘(23) PENALTY FOR FAILURE OF STATE TANF

17 ASSISTANCE TO MEET BASIC ECONOMIC NEEDS OF A

18 RECIPIENT FAMILY.—If the Secretary determines 

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

20 403 in a fiscal year has violated section 408(a)(19) 

21 during the fiscal year, the Secretary shall reduce the 

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

23 for the immediately succeeding fiscal year by an 

24 amount equal to 5 percent of the State family assist25 ance grant.’’. 


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

2 (a) CHILD POVERTY REDUCTION AS A PURPOSE OF

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

4 601(a)(1)) is amended by redesignating paragraphs (1) 

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

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

7 the following: 

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

9 (b) STATE PLAN PROVISIONS.— 

10 (1) MATTERS REQUIRED TO BE ADDRESSED.— 

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

12 amended by adding at the end the following: 

13 ‘‘(ix) GOALS AND METHODS FOR RE14 DUCING CHILD POVERTY.—Reduce child 

15 poverty using Federal funds provided 

16 under this part and State funds, including 

17 establishing numerical goals for reducing 

18 child poverty. 

19 ‘‘(x) GOALS AND TRACKING OF WORK

20 OUTCOMES.—Track work-related outcomes 

21 for recipients of assistance under the pro22 gram, such as employment entries, wages, 

23 and job retention, including establishing 

24 numerical goals for work-related outcomes 

25 for recipients. 


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1 ‘‘(xi) PROVIDE PREVENTATIVE SERV2 ICES TO FAMILIES AT-RISK OF ABUSE OR

3 NEGLECT.—Provide benefits and services 

4 to families at-risk of having their children 

5 removed from the home because of abuse 

6 and neglect, using Federal funds provided 

7 under this part and State funds. 

8 ‘‘(xii) HOW NONCUSTODIAL PARENTS

9 WILL BE SERVED.—Serve noncustodial 

10 parents, using Federal funds provided 

11 under this part and State funds.’’. 

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

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

14 ‘‘(c) PUBLIC AVAILABILITY.— 

15 ‘‘(1) IN GENERAL.—The State shall make avail16 able to the public, including by posting on a public 

17 website of the State or another appropriate 

18 website— 

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

20 amendment to be submitted by the State under 

21 this section, for at least 45 days before the sub22 mission; and 

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

24 by the Secretary to be complete. 


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

2 procedures to receive and respond to comments from 

3 the public, private sector organizations, and local 

4 governments on any draft referred to in paragraph 

5 (1).’’. 

6 (c) ANNUAL PERFORMANCE REPORT.—Section 411 

7 (42 U.S.C. 611) is amended by adding at the end the fol8 lowing: 

9 ‘‘(e) ANNUAL PERFORMANCE REPORT BY STATES.— 

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

11 State shall submit to the Secretary (in accordance with 

12 such form and content rules as the Secretary, in consulta13 tion with the National Governor’s Association, National 

14 Association of State Legislatures, and the American Pub15 lic Human Services Association, develops) a report on the 

16 following aspects of the State program funded under this 

17 part in the preceding fiscal year: 

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

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

20 of the report shall include a discussion of the fac21 tors, including benefits, services, and activities fund22 ed with Federal funds provided under this part or 

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

24 the failure to meet, the goals. 


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

2 were effective in meeting the objectives and numer3 ical goals of the State plan. This part of the report 

4 shall include a discussion of data derived from the 

5 tracking of recipients, including— 

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

7 State program funded under this part; 

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

9 left the program in each calendar quarter; 

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

11 program, including the percentage of leavers 

12 who, in each calendar quarter, earned an 

13 amount equal to at least 50 percent of the aver14 age wage then paid in the State; and 

15 ‘‘(D) the employment outcomes of those 

16 who left the program because of a durational 

17 limit on assistance, reported at 6 months, 12 

18 months, 24 months, and 36 months after leav19 ing the program. 

20 The Secretary shall provide States with technical as21 sistance in preparing this part of the report, includ22 ing by providing States with data from the National 

23 Directory of New Hires. 

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

25 providing benefits and services under the program to 


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1 persons with disabilities. This part of the report 

2 shall include a report on recipients of assistance 

3 under the State program funded under this part who 

4 participated in work activities (as defined in section 

5 407(d)) pursuant to a modified employability plan 

6 due to disability, including the following: 

7 ‘‘(A) The aggregate number of recipients 

8 with modified employability plans due to a dis9 ability. 

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

11 modified employability plans who substantially 

12 complied with activities set forth in the plans 

13 each month of the fiscal year. 

14 ‘‘(C) Information regarding the most prev15 alent types of physical and mental impairments 

16 that provided the basis for the disability deter17 minations. 

18 ‘‘(D) The percentage of cases with a modi19 fied employability plan in which the recipient 

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

21 disability, or was caring for another family 

22 member with a disability. 

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

24 types of modification in work activities or hours 


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1 of participation that were included in the modi2 fied employability plans. 

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

4 the staff who determined whether individuals 

5 had a disability, of the staff who determined 

6 that individuals needed modifications to their 

7 work requirements, and of the staff who devel8 oped the modified employability plans. 

9 ‘‘(4) The effectiveness of the benefits and serv10 ices provided under the State program in reducing 

11 the number of children removed from their homes 

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

13 shall include an analysis which includes the fol14 lowing: 

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

16 benefits or services that were at risk of having 

17 their children removed from the home. 

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

19 program that had 1 or more children removed 

20 from the home because of abuse or neglect. 

21 ‘‘(5) An analysis of the extent to which the ben22 efits and services under the State program were pro23 vided to noncustodial parents. 

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

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1 vided under section 403(a)(3) and funds provided 

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

3 State with the greatest need (as referred to in sec4 tion 402(a)(1)(A)(i)). This part of the report shall 

5 include supporting data.’’. 

6 (d) ANNUAL REPORT TO CONGRESS ON THE EF7 FORTS OF STATE PROGRAMS TO PROMOTE AND SUPPORT

8 EMPLOYMENT FOR INDIVIDUALS WITH DISABILITIES.— 

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

10 (c) of this section, is amended by adding at the end the 

11 following: 

12 ‘‘(f) REPORT BY SECRETARY.—Not later than July 

13 31 of each fiscal year, the Secretary shall submit to the 

14 Congress a report, entitled ‘Efforts in State TANF Pro15 grams to Promote and Support Employment for Individ16 uals with Disabilities’, that includes information on State 

17 efforts to engage individuals with disabilities in work ac18 tivities during the preceding fiscal year. The report shall 

19 include the following information: 

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

21 for whom the State has developed a modified em22 ployability plan. 

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1 ability was an adult recipient or minor child head of 

2 household, a child, or a non-recipient family mem3 ber. 

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

5 have included in modified employability plans. 

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

7 modified employability plan are participating in work 

8 activities. 

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

10 to which the option to establish modified employ11 ability plans was a factor in the State achieving or 

12 not achieving the minimum participation rate re13 quired by section 407(a).’’. 

14 (e) REPORT TO CONGRESS ON LEGISLATIVE OPTIONS

15 TO REWARD STATES WITH HIGH EMPLOYMENT RATES

16 AND HIGH RATES OF EMPLOYMENT AT GOOD WAGES.— 

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

18 Secretary of Health and Human Services shall submit to 

19 the Congress a report that sets forth options for the enact20 ment of legislation to provide financial or other rewards 

21 to States that have high rates of employment and high 

22 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, 2013. 

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 

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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(2) (42 U.S.C. 

11 619(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 ‘‘(24) 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)(17), 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)(18), 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)(19), 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)(20), 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)(21), 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)(22), 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)(23), 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)(24), 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, 2013, 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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