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. ...
that the aggregate value of the resources exceeds
$1,500.
``(C) Sponsors of multiple non-213a aliens.--If a
person is a sponsor of 2 or more non-213A aliens who
are living in the same home, the income and resources
of the sponsor and any spouse of the sponsor that would
be deemed income and resources of any such alien under
subparagraph (A) shall be divided into a number of
equal shares equal to the number of such aliens, and
the State shall deem the income and resources of each
such alien to include 1 such share.
``(2) Ineligibility of non-213a aliens sponsored by
agencies; exception.--A non-213A alien whose sponsor is or was
a public or private agency shall be ineligible for assistance
under a State program funded under this part, during a period
of 3 years after the alien enters the United States, unless the
State agency administering the program determines that the
sponsor either no longer exists or has become unable to meet
the alien's needs.
``(3) Information provisions.--
``(A) Duties of non-213a aliens.--A non-213A alien,
as a condition of eligibility for assistance under a
State program funded under this part during the period
of 3 years after the alien enters the United States,
shall be required to provide to the State agency
administering the program--
``(i) such information and documentation
with respect to the alien's sponsor as may be
necessary in order for the State agency to make
any determination required under this
subsection, and to obtain any cooperation from
the sponsor necessary for any such
determination; and
``(ii) such information and documentation
as the State agency may request and which the
alien or the alien's sponsor provided in
support of the alien's immigration application.
``(B) Duties of federal agencies.--The Secretary
shall enter into agreements with the Secretary of State
and the Attorney General under which any information
available to them and required in order to make any
determination under this subsection will be provided by
them to the Secretary (who may, in turn, make the
information available, upon request, to a concerned
State agency).
``(4) Non-213a alien defined.--An alien is a non-213A alien
for purposes of this subsection if the affidavit of support or
similar agreement with respect to the alien that was executed
by the sponsor of the alien's entry into the United States was
executed other than pursuant to section 213A of the Immigration
and Nationality Act.
``(5) Inapplicability to alien minor sponsored by a
parent.--This subsection shall not apply to an alien who is a
minor child if the sponsor of the alien or any spouse of the
sponsor is a parent of the alien.
``(6) Inapplicability to certain categories of aliens.--
This subsection shall not apply to an alien who is--
``(A) admitted to the United States as a refugee
under section 207 of the Immigration and Nationality
Act;
``(B) paroled into the United States under section
212(d)(5) of such Act for a period of at least 1 year;
or
``(C) granted political asylum by the Attorney
General under section 208 of such Act.''.
SEC. 107. PENALTIES.
(a) States Given More Time To File Quarterly Reports.--Section
409(a)(2)(A) (42 U.S.C. 609(a)(2)(A)) is amended by striking ``1
month'' and inserting ``45 days''.
(b) Treatment of Support Payments Passed Through to Families as
Qualified State Expenditures.--Section 409(a)(7)(B)(i)(I)(aa) (42
U.S.C. 609(a)(7)(B)(i)(I)(aa)) is amended by inserting ``, including
any amount collected by the State as support pursuant to a plan
approved under part D, on behalf of a family receiving assistance under
the State program funded under this part, that is distributed to the
family under section 457(a)(1)(B) and disregarded in determining the
eligibility of the family for, and the amount of, such assistance''
before the period.
(c) Disregard of Expenditures Made To Replace Penalty Grant
Reductions.--Section 409(a)(7)(B)(i) (42 U.S.C. 609(a)(7)(B)(i)) is
amended by redesignating subclause (III) as subclause (IV) and by
inserting after subclause (II) the following:
``(III) Exclusion of amounts
expended to replace penalty grant
reductions.--Such term does not include
any amount expended in order to comply
with paragraph (12).''.
(d) Treatment of Families of Certain Aliens as Eligible Families.--
Section 409(a)(7)(B)(i)(IV) (42 U.S.C. 609(a)(7)(B)(i)(IV)), as so
redesignated by subsection (c) of this section, is amended--
(1) by striking ``and families'' and inserting
``families''; and
(2) by striking ``Act or section 402'' and inserting ``Act,
and families of aliens lawfully present in the United States
that would be eligible for such assistance but for the
application of title IV''.
(e) Elimination of Meaningless Language.--Section 409(a)(7)(B)(ii)
(42 U.S.C. 609(a)(7)(B)(ii)) is amended by striking ``reduced (if
appropriate) in accordance with subparagraph (C)(ii)''.
(f) Clarification of Source of Data To Be Used in Determining
Historic State Expenditures.--Section 409(a)(7)(B) (42 U.S.C.
609(a)(7)(B)) is amended by adding at the end the following:
``(v) Source of data.--In determining
expenditures by a State for fiscal years 1994
and 1995, the Secretary shall use information
which was reported by the State on ACF Form 231
or (in the case of expenditures under part F)
ACF Form 331, available as of the dates
specified in clauses (ii) and (iii) of section
403(a)(1)(D).''.
(g) Clarification of Expenditures To Be Excluded in Determining
Historic State Expenditures.--Section 409(a)(7)(B)(iv) (42 U.S.C.
609(a)(7)(B)(iv)) is amended--
(1) in subclause (IV), by striking ``under Federal
programs'';
(2) by striking subclause (III) and redesignating subclause
(IV) as subclause (III); and
(3) in the 2nd sentence--
(A) by striking ``(IV)'' and inserting ``(III)'';
(B) by striking ``an amount equal to''; and
(C) by striking ``that equal'' and inserting ``that
equals''.
(h) Conforming Title IV-A Penalties to Title IV-D Performance-Based
Standards.--Section 409(a)(8) (42 U.S.C. 609(a)(8)) is amended to read
as follows:
``(8) Noncompliance of state child support enforcement
program with requirements of part d.--
``(A) In general.--If the Secretary finds, with
respect to a State's program under part D, in a fiscal
year beginning on or after October 1, 1997--
``(i)(I) on the basis of data submitted by
a State pursuant to section 454(15)(B), or on
the basis of the results of a review conducted
under section 452(a)(4), that the State program
failed to achieve the paternity establishment
percentages (as defined in section 452(g)(2)),
or to meet other performance measures that may
be established by the Secretary;
``(II) on the basis of the results of an
audit or audits conducted under section
452(a)(4)(C)(i) that the State data submitted
pursuant to section 454(15)(B) is incomplete or
unreliable; or
``(III) on the basis of the results of an
audit or audits conducted under section
452(a)(4)(C) that a State failed to
substantially comply with 1 or more of the
requirements of part D; and
``(ii) that, with respect to the succeeding
fiscal year--
``(I) the State failed to take
sufficient corrective action to achieve
the appropriate performance levels or
compliance as described in subparagraph
(A)(i); or
``(II) the data submitted by the
State pursuant to section 454(15)(B) is
incomplete or unreliable;
the amounts otherwise payable to the State under this
part for quarters following the end of such succeeding
fiscal year, prior to quarters following the end of the
first quarter throughout which the State program has
achieved the paternity establishment percentages or
other performance measures as described in subparagraph
(A)(i)(I), or is in substantial compliance with 1 or
more of the requirements of part D as described in
subparagraph (A)(i)(III), as appropriate, shall be
reduced by the percentage specified in subparagraph
(B).
``(B) Amount of reductions.--The reductions
required under subparagraph (A) shall be--
``(i) not less than 1 nor more than 2
percent;
``(ii) not less than 2 nor more than 3
percent, if the finding is the 2nd consecutive
finding made pursuant to subparagraph (A); or
``(iii) not less than 3 nor more than 5
percent, if the finding is the 3rd or a
subsequent consecutive such finding.
``(C) Disregard of noncompliance which is of a
technical nature.--For purposes of this section and
section 452(a)(4), a State determined as a result of an
audit--
``(i) to have failed to have substantially
complied with 1 or more of the requirements of
part D shall be determined to have achieved
substantial compliance only if the Secretary
determines that the extent of the noncompliance
is of a technical nature which does not
adversely affect the performance of the State's
program under part D; or
``(ii) to have submitted incomplete or
unreliable data pursuant to section 454(15)(B)
shall be determined to have submitted adequate
data only if the Secretary determines that the
extent of the incompleteness or unreliability
of the data is of a technical nature which does
not adversely affect the determination of the
level of the State's paternity establishment
percentages (as defined under section
452(g)(2)) or other performance measures that
may be established by the Secretary.''.
(i) Correction of Reference to 5-Year Limit on Assistance.--Section
409(a)(9) (42 U.S.C. 609(a)(9)) is amended by striking ``408(a)(1)(B)''
and inserting ``408(a)(7)''.
(j) Correction of Errors in Penalty for Failure To Meet Maintenance
of Effort Requirement Applicable to the Contingency Fund.--Section
409(a)(10) (42 U.S.C. 609(a)(10)) is amended--
(1) by striking ``the expenditures under the State program
funded under this part for the fiscal year (excluding any
amounts made available by the Federal Government)'' and
inserting ``the qualified State expenditures (as defined in
paragraph (7)(B)(i) (other than the expenditures described in
subclause (I)(bb) of that paragraph)) under the State program
funded under this part for the fiscal year'';
(2) by inserting ``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,''
after ``(as defined in paragraph (7)(B)(iii) of this
subsection),''; and
(3) by inserting ``that the State has not remitted under
section 403(b)(6)'' before the period.
(k) Penalty for State Failure to Expend Additional State funds to
Replace Grant Reductions.--Section 409(a)(12) (42 U.S.C. 609(a)(12)) is
amended--
(1) in the heading--
(A) by striking ``Failure'' and inserting
``Requirement''; and
(B) by striking ``reductions'' and inserting
``reductions; penalty for failure to do so''; and
(2) by inserting ``, and if the State fails to do so, the
Secretary may reduce the grant payable to the State under
section 403(a)(1) for the fiscal year that follows such
succeeding fiscal year by an amount equal to not more than 2
percent of the State family assistance grant'' before the
period.
(l) Elimination of Certain Reasonable Cause Exceptions.--Section
409(b)(2) (42 U.S.C. 609(b)(2)) is amended by striking ``(7) or (8)''
and inserting ``(6), (7), (8), (10), or (12)''.
(m) Clarification of What It Means To Correct a Violation.--Section
409(c) (42 U.S.C. 609(c)) is amended--
(1) in each of subparagraphs (A) and (B) of paragraph (1),
by inserting ``or discontinue, as appropriate,'' after
``correct'';
(2) in paragraph (2)--
(A) in the heading, by inserting ``or
discontinuing'' after ``correcting''; and
(B) by inserting ``or discontinues, as
appropriate'' after ``corrects''; and
(3) in paragraph (3)--
(A) in the heading, by inserting ``or discontinue''
after ``correct''; and
(B) by inserting ``or discontinue, as
appropriate,'' before ``the violation''.
(n) Certain Penalties Not Avoidable Through Corrective Compliance
Plans.--Section 409(c)(4) (42 U.S.C. 609(c)(4)) is amended to read as
follows:
``(4) Inapplicability to certain penalties.--This
subsection shall not apply to the imposition of a penalty
against a State under paragraph (6), (7), (8), (10), or (12) of
subsection (a).''.
SEC. 108. DATA COLLECTION AND REPORTING.
Section 411(a) (42 U.S.C. 611(a)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)--
(i) by striking clause (ii) and inserting
the following:
``(ii) Whether a child receiving such
assistance or an adult in the family is
receiving--
``(I) disability insurance benefits
under section 223;
``(II) benefits based on disability
under section 202;
``(III) aid under a State plan
approved under title XIV (as in effect
without regard to the amendment made by
section 301 of the Social Security
Amendments of 1972));
``(IV) aid or assistance under a
State plan approved under title XVI (as
in effect without regard to such
amendment) by reason of being
permanently and totally disabled; or
``(V) supplemental security income
benefits under title XVI (as in effect
pursuant to such amendment) by reason
of disability.'';
(ii) in clause (iv), by striking ``youngest
child in'' and inserting ``head of'';
(iii) in each of clauses (vii) and (viii),
by striking ``status'' and inserting ``level'';
and
(iv) by adding at the end the following:
``(xvii) With respect to each individual in
the family who has not attained 20 years of
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