Home > 105th Congressional Bills > H.R. 1048 (ih) To make technical amendments relating to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. ...H.R. 1048 (ih) To make technical amendments relating to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. ...
(1) in the paragraph heading, by inserting ``ratio'' before
the period;
(2) in subparagraph (A), by striking all that follows
``bonus year'' and inserting a period; and
(3) in subparagraph (C)--
(A) in clause (i)--
(i) in subclause (I)(aa)--
(I) by striking ``number of out-of-
wedlock births that occurred in the
State during'' and inserting
``illegitimacy ratio of the State
for''; and
(II) by striking ``number of such
births that occurred during'' and
inserting ``illegitimacy ratio of the
State for''; and
(ii) in subclause (II)(aa)--
(I) by striking ``number of out-of-
wedlock births that occurred in'' each
place such term appears and inserting
``illegitimacy ratio of''; and
(II) by striking ``calculate the
number of out-of-wedlock births'' and
inserting ``calculate the illegitimacy
ratio''; and
(B) by adding at the end the following:
``(iii) Illegitimacy ratio.--The term
`illegitimacy ratio' means, with respect to a
State and a period--
``(I) the number of out-of-wedlock
births to mothers residing in the State
that occurred during the period;
divided by
``(II) the number of births to
mothers residing in the State that
occurred during the period.''.
(c) Use of Calendar Year Data Instead of Fiscal Year Data in
Calculating Bonus for Decrease in Illegitimacy Ratio.--Section
403(a)(2)(C) (42 U.S.C. 603(a)(2)(C)) is amended--
(1) in clause (i)--
(A) in subclause (I)(bb)--
(i) by striking ``the fiscal year'' and
inserting ``the calendar year for which the
most recent data are available''; and
(ii) by striking ``fiscal year 1995'' and
inserting ``calendar year 1995'';
(B) in subclause (II), by striking ``fiscal'' each
place such term appears and inserting ``calendar''; and
(2) in clause (ii), by striking ``fiscal years'' and
inserting ``calendar years''.
(d) Correction of Heading.--Section 403(a)(3)(C)(ii) (42 U.S.C.
603(a)(3)(C)(ii)) is amended in the heading by striking ``1997'' and
inserting ``1998''.
(e) Clarification of Contingency Fund Provision.--Section 403(b)
(42 U.S.C. 603(b)) is amended--
(1) in paragraph (6), by striking ``(5)'' and inserting
``(4)'';
(2) by striking paragraph (4) and redesignating paragraphs
(5) and (6) as paragraphs (4) and (5), respectively; and
(3) by inserting after paragraph (5) the following:
``(6) Annual reconciliation.--
``(A) In general.--Notwithstanding paragraph (3),
if the Secretary makes a payment to a State under this
subsection in a fiscal year, then the State shall remit
to the Secretary, within 1 year after the end of the
first subsequent period of 3 consecutive months for
which the State is not a needy State, an amount equal
to the amount (if any) by which--
``(i) the total amount paid to the State
under paragraph (3) of this subsection in the
fiscal year; exceeds
``(ii) the product of--
``(I) the Federal medical
assistance percentage for the State (as
defined in section 1905(b), as such
section was in effect on September 30,
1995);
``(II) the State's reimbursable
expenditures for the fiscal year; and
``(III) \1/12\ times the number of
months during the fiscal year for which
the Secretary made a payment to the
State under such paragraph (3).
``(B) Definitions.--As used in subparagraph (A):
``(i) Reimbursable expenditures.--The term
`reimbursable expenditures' means, with respect
to a State and a fiscal year, the amount (if
any) by which--
``(I) countable State expenditures
for the fiscal year; exceeds
``(II) historic State expenditures
(as defined in section
409(a)(7)(B)(iii)), excluding any
amount expended by the State for child
care under subsection (g) or (i) of
section 402 (as in effect during fiscal
year 1994) for fiscal year 1994.
``(ii) Countable state expenditures.--The
term `countable expenditures' means, with
respect to a State and a fiscal year--
``(I) the qualified State
expenditures (as defined in section
409(a)(7)(B)(i) (other than the
expenditures described in subclause
(I)(bb) of such section)) under the
State program funded under this part
for the fiscal year; plus
``(II) any amount paid to the State
under paragraph (3) during the fiscal
year that is expended by the State
under the State program funded under
this part.''.
(f) Administration of Contingency Fund Transferred to the Secretary
of HHS.--Section 403(b)(7) (42 U.S.C. 603(b)(7)) is amended to read as
follows:
``(7) State defined.--As used in this subsection, the term
`State' means each of the 50 States and the District of
Columbia.''.
SEC. 104. USE OF GRANTS.
Section 404(a)(2) (42 U.S.C. 604(a)(2)) is amended by inserting
``, or (at the option of the State) August 21, 1996'' before the
period.
SEC. 105. MANDATORY WORK REQUIREMENTS.
(a) Family With a Disabled Parent Not Treated as a 2-Parent
Family.--Section 407(b)(2) (42 U.S.C. 607(b)(2)) is amended by adding
at the end the following:
``(C) Family with a disabled parent not treated as
a 2-parent family.--A family that includes a disabled
parent shall not be considered a 2-parent family for
purposes of subsections (a) and (b) of this section.''.
(b) Correction of Heading.--Section 407(b)(3) (42 U.S.C. 607(b)(3))
is amended in the heading by inserting ``and not resulting from changes
in state eligibility criteria'' before the period.
(c) State Option To Include Individuals Receiving Assistance Under
a Tribal Work Program in Participation Rate Calculation.--Section
407(b)(4) (42 U.S.C. 607(b)(4)) is amended--
(1) in the heading, by inserting ``or tribal work program''
before the period; and
(2) by inserting ``or under a tribal work program to which
funds are provided under this part'' before the period.
(d) Sharing of 35-Hour Work Requirement Between Parents in 2-Parent
Families.--Section 407(c)(1)(B) (42 U.S.C. 607(c)(1)(B)) is amended--
(1) in clause (i)--
(A) by striking ``is'' and inserting ``and the
other parent in the family are''; and
(B) by inserting ``a total of'' before ``at
least''; and
(2) in clause (ii)--
(A) by striking ``individual's spouse is'' and
inserting ``individual and the other parent in the
family are'';
(B) by inserting ``for a total of at least 55 hours
per week'' before ``during the month''; and
(C) by striking ``20'' and inserting ``50''.
(e) Clarification of Effort Required in Work Activities.--Section
407(c)(1)(B) (42 U.S.C. 607(c)(1)(B)) is amended by striking ``making
progress'' each place such term appears and inserting
``participating''.
(f) Additional Condition Under Which 12 Weeks of Job Search May
Count as Work.--Section 407(c)(2)(A)(i) (42 U.S.C. 607(c)(2)(A)(i)) is
amended by inserting ``or the State is a needy State (within the
meaning of section 403(b)(6))'' after ``United States''.
(g) Caretaker Relative of Child Under Age 6 Deemed To Be Meeting
Work Requirements if Engaged in Work for 20 Hours Per Week.--Section
407(c)(2)(B) (42 U.S.C. 607(c)(2)(B)) is amended--
(1) in the heading, by inserting ``or relative'' after
``parent'' each place such term appears; and
(2) by striking ``in a 1-parent family who is the parent''
and inserting ``who is the only parent or caretaker relative in
the family''.
(h) Extension to Married Teens of Rule That Receipt of Sufficient
Education Is Enough To Meet Work Participation Requirements.--Section
407(c)(2)(C) (42 U.S.C. 607(c)(2)(C)) is amended--
(1) in the heading, by striking ``Teen head of household''
and inserting ``Single teen head of household or married
teen''; and
(2) by striking ``a single'' and inserting ``married or
a''.
(i) Clarification of Number of Hours of Participation in Education
Directly Related to Employment That Are Required in Order for Single
Teen Head of Household or Married Teen To Be Deemed To Be Engaged in
Work.--Section 407(c)(2)(C)(ii) (42 U.S.C. 607(c)(2)(C)(ii)) is amended
by striking ``at least'' and all that follows through ``subsection''
and inserting ``an average of at least 20 hours per week during the
month''.
(j) Clarification of Refusal To Work for Purposes of Work Penalties
for Individuals.--Section 407(e)(2) (42 U.S.C. 607(e)(2)) is amended by
striking ``work'' and inserting ``engage in work required in accordance
with this section''.
SEC. 106. PROHIBITIONS; REQUIREMENTS.
(a) Elimination of Redundant Language; Clarification of Home
Residence Requirement.--Section 408(a)(1) (42 U.S.C. 608(a)(1)) is
amended to read as follows:
``(1) No assistance for families without a minor child.--A
State to which a grant is made under section 403 shall not use
any part of the grant to provide assistance to a family, unless
the family includes a minor child who resides with the family
(consistent with paragraph (10)) or a pregnant individual.''.
(b) Clarification of Terminology.--Section 408(a)(3) (42 U.S.C.
608(a)(3)) is amended--
(1) by striking ``leaves'' the 1st, 3rd, and 4th places
such term appears and inserting ``ceases to receive assistance
under''; and
(2) by striking ``the date the family leaves the program''
the 2nd place such term appears and inserting ``such date''.
(c) Elimination of Space.--Section 408(a)(5)(A)(ii) (42 U.S.C.
608(a)(5)(A)(ii)) is amended by striking ``described.-- For'' and
inserting ``described.--For''.
(d) Corrections to 5-Year Limit on Assistance.--
(1) Clarification of limitation on hardship exemption.--
Section 408(a)(7)(C)(ii) (42 U.S.C. 608(a)(7)(C)(ii)) is
amended--
(A) by striking ``The number'' and inserting ``The
average monthly number''; and
(B) by inserting ``during the fiscal year or the
immediately preceding fiscal year (but not both), as
the State may elect'' before the period.
(2) Residence exception made more uniform and easier to
administer.--Section 408(a)(7)(D) (42 U.S.C. 608(a)(7)(D)) is
amended to read as follows:
``(D) Disregard of months of assistance received by
adult while living in indian country or an alaskan
native village with 50 percent unemployment.--
``(i) In general.--In determining the
number of months for which an adult has
received assistance under a State or tribal
program funded under this part, the State or
tribe shall disregard any month during which
the adult lived in Indian country or an Alaskan
Native village if the most reliable data
available with respect to the month (or a
period including the month) indicate that at
least 50 percent of the adults living in Indian
country or in the village were not employed.
``(ii) Indian country defined.--As used in
clause (i), the term `Indian country' has the
meaning given such term in section 1151 of
title 18, United States Code.''.
(e) Reinstatement of Deeming and Other Rules Applicable to Aliens
Who Entered the United States Under Affidavits of Support Formerly
Used.--Section 408 (42 U.S.C. 608) is amended by striking subsection
(d) and inserting the following:
``(d) Special Rules Relating to Treatment of Certain Aliens.--For
special rules relating to the treatment of certain aliens, see title IV
of the Personal Responsibility and Work Opportunity Reconciliation Act
of 1996.
``(e) Special Rules Relating to the Treatment of Non-213A Aliens.--
The following rules shall apply if a State elects to take the income or
resources of any sponsor of a non-213A alien into account in
determining whether the alien is eligible for assistance under the
State program funded under this part, or in determining the amount or
types of such assistance to be provided to the alien:
``(1) Deeming of sponsor's income and resources.--For a
period of 3 years after a non-213A alien enters the United
States:
``(A) Income deeming rule.--The income of any
sponsor of the alien and of any spouse of the sponsor
is deemed to be income of the alien, to the extent that
the total amount of the income exceeds the sum of--
``(i) the lesser of--
``(I) 20 percent of the total of
any amounts received by the sponsor or
any such spouse in the month as wages
or salary or as net earnings from self-
employment, plus the full amount of any
costs incurred by the sponsor and any
such spouse in producing self-
employment income in such month; or
``(II) $175;
``(ii) the cash needs standard established
by the State for purposes of determining
eligibility for assistance under the State
program funded under this part for a family of
the same size and composition as the sponsor
and any other individuals living in the same
household as the sponsor who are claimed by the
sponsor as dependents for purposes of
determining the sponsor's Federal personal
income tax liability but whose needs are not
taken into account in determining whether the
sponsor's family has met the cash needs
standard;
``(iii) any amounts paid by the sponsor or
any such spouse to individuals not living in
the household who are claimed by the sponsor as
dependents for purposes of determining the
sponsor's Federal personal income tax
liability; and
``(iv) any payments of alimony or child
support with respect to individuals not living
in the household.
``(B) Resource deeming rule.--The resources of a
sponsor of the alien and of any spouse of the sponsor
are deemed to be resources of the alien to the extent
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