I 
111TH CONGRESS 
2D SESSION 
H. R. 5083 
To amend part A of title IV of the Social Security Act, to reward States 
for engaging individuals with disabilities in work activities, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 20, 2010 
Ms. MOORE of Wisconsin introduced the following bill; which was referred to 
the Committee on Ways and Means, and in addition to the Committee 
on Education and Labor, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To amend part A of title IV of the Social Security Act, 
to reward States for engaging individuals with disabilities 
in work activities, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Promoting Fair Work 
Opportunities for Persons with Disabilities Act’’. 
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SEC. 2. AUTHORIZATION OF MODIFIED EMPLOYABILITY 
PLAN FOR INDIVIDUALS WITH DISABILITIES. 
(a) IN GENERAL.—Section 407(c)(2) of the Social 
Security Act (42 U.S.C. 607(c)(2)) is amended by adding 
at the end the following: 
‘‘(E) INDIVIDUALS
WITH
DISABILITIES 
COMPLYING WITH A MODIFIED EMPLOYABILITY 
PLAN DEEMED TO BE MEETING WORK PARTICI-
PATION REQUIREMENTS.— 
‘‘(i) 
MODIFIED
EMPLOYABILITY 
PLAN.—A State may develop a modified 
employability plan for an adult or minor 
child head of household recipient of assist-
ance who has been determined by a quali-
fied medical, mental health, addiction, or 
social services professional (as determined 
by the State) to have a disability, or who 
is caring for a family member with a dis-
ability (as so determined). The modified 
employability plan shall— 
‘‘(I) include a determination that, 
because of the disability of the recipi-
ent or the individual for whom the re-
cipient is caring, reasonable modifica-
tion of work activities, hourly partici-
pation requirements, or both, is need-
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ed in order for the recipient to partici-
pate in work activities; 
‘‘(II) set forth the modified work 
activities in which the recipient is re-
quired to participate; 
‘‘(III) set forth the number of 
hours per week for which the recipient 
is required to participate in such 
modified work activities based on the 
State’s evaluation of the family’s cir-
cumstances; 
‘‘(IV) set forth the services, sup-
ports, and modifications that the 
State will provide to the recipient or 
the recipient’s family; 
‘‘(V) be developed in cooperation 
with the recipient; and 
‘‘(VI) be reviewed not less than 
every 6 months. 
‘‘(ii) INCLUSION
IN
MONTHLY
PAR-
TICIPATION
RATES.—For the purpose of 
determining monthly participation rates 
under subsection (b)(1)(B)(i), and notwith-
standing paragraphs (1), (2)(A), (2)(B), 
(2)(C), and (2)(D) of this subsection and 
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subsection (d) of this section, a recipient is 
deemed to be engaged in work for a month 
in a fiscal year if— 
‘‘(I) the State has determined 
that the recipient is in substantial 
compliance with activities and hourly 
participation requirements set forth in 
a modified employability plan that 
meets the requirements set forth in 
clause (i); and 
‘‘(II) the State complies with the 
reporting requirement set forth in 
clause (iii) for the fiscal year in which 
the month occurs. 
‘‘(iii) REPORTS.— 
‘‘(I) REPORT
BY
STATE.—With 
respect to any fiscal year for which a 
State counts a recipient as engaged in 
work pursuant to a modified employ-
ability plan, the State shall submit a 
report entitled ‘Annual State Report 
on TANF Recipients Participating in 
Work Activities Pursuant to Modified 
Employability Plans Due to Dis-
ability’ to the Secretary not later than 
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March 31 of the succeeding fiscal 
year. The report shall provide the fol-
lowing information: 
‘‘(aa) The aggregate number 
of recipients with modified em-
ployability plans due to a dis-
ability. 
‘‘(bb) The percentage of all 
recipients with modified employ-
ability plans who substantially 
complied with activities set forth 
in the plans each month of the 
fiscal year. 
‘‘(cc) Information regarding 
the most prevalent types of phys-
ical and mental impairments that 
provided the basis for the dis-
ability determinations. 
‘‘(dd) The percentage of 
cases with a modified employ-
ability plan in which the recipient 
had a disability, was caring for a 
child with a disability, or was 
caring for another family member 
with a disability. 
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