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U.S. Code as of:
01/19/04
Section 607. Mandatory work requirements
(a) Participation rate requirements
(1) All families
A State to which a grant is made under section 603 of this
title for a fiscal year shall achieve the minimum participation
rate specified in the following table for the fiscal year with
respect to all families receiving assistance under the State
program funded under this part:
If the fiscal year is: e minimum
participation
rate is:
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1997 25
1998 30
1999 35
2000 40
2001 45
2002 or thereafter 50.
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(2) 2-parent families
A State to which a grant is made under section 603 of this
title for a fiscal year shall achieve the minimum participation
rate specified in the following table for the fiscal year with
respect to 2-parent families receiving assistance under the State
program funded under this part:
If the fiscal year is: e minimum
participation
rate is:
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1997 75
1998 75
1999 or thereafter 90.
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(b) Calculation of participation rates
(1) All families
(A) Average monthly rate
For purposes of subsection (a)(1) of this section, the
participation rate for all families of a State for a fiscal
year is the average of the participation rates for all families
of the State for each month in the fiscal year.
(B) Monthly participation rates
The participation rate of a State for all families of the
State for a month, expressed as a percentage, is -
(i) the number of families receiving assistance under the
State program funded under this part that include an adult or
a minor child head of household who is engaged in work for
the month; divided by
(ii) the amount by which -
(I) the number of families receiving such assistance
during the month that include an adult or a minor child
head of household receiving such assistance; exceeds
(II) the number of families receiving such assistance
that are subject in such month to a penalty described in
subsection (e)(1) of this section but have not been subject
to such penalty for more than 3 months within the preceding
12-month period (whether or not consecutive).
(2) 2-parent families
(A) Average monthly rate
For purposes of subsection (a)(2) of this section, the
participation rate for 2-parent families of a State for a
fiscal year is the average of the participation rates for
2-parent families of the State for each month in the fiscal
year.
(B) Monthly participation rates
The participation rate of a State for 2-parent families of
the State for a month shall be calculated by use of the formula
set forth in paragraph (1)(B), except that in the formula the
term "number of 2-parent families" shall be substituted for the
term "number of families" each place such latter term appears.
(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.
(3) Pro rata reduction of participation rate due to caseload
reductions not required by Federal law and not resulting from
changes in State eligibility criteria
(A) In general
The Secretary shall prescribe regulations for reducing the
minimum participation rate otherwise required by this section
for a fiscal year by the number of percentage points equal to
the number of percentage points (if any) by which -
(i) the average monthly number of families receiving
assistance during the immediately preceding fiscal year under
the State program funded under this part is less than
(ii) the average monthly number of families that received
aid under the State plan approved under part A of this
subchapter (as in effect on September 30, 1995) during fiscal
year 1995.
The minimum participation rate shall not be reduced to the
extent that the Secretary determines that the reduction in the
number of families receiving such assistance is required by
Federal law.
(B) Eligibility changes not counted
The regulations required by subparagraph (A) shall not take
into account families that are diverted from a State program
funded under this part as a result of differences in
eligibility criteria under a State program funded under this
part and eligibility criteria under the State program operated
under the State plan approved under part A of this subchapter
(as such plan and such part were in effect on September 30,
1995). Such regulations shall place the burden on the Secretary
to prove that such families were diverted as a direct result of
differences in such eligibility criteria.
(4) State option to include individuals receiving assistance
under a tribal family assistance plan or tribal work program
For purposes of paragraphs (1)(B) and (2)(B), a State may, at
its option, include families in the State that are receiving
assistance under a tribal family assistance plan approved under
section 612 of this title or under a tribal work program to which
funds are provided under this part.
(5) State option for participation requirement exemptions
For any fiscal year, a State may, at its option, not require an
individual who is a single custodial parent caring for a child
who has not attained 12 months of age to engage in work, and may
disregard such an individual in determining the participation
rates under subsection (a) of this section for not more than 12
months.
(c) Engaged in work
(1) General rules
(A) All families
For purposes of subsection (b)(1)(B)(i) of this section, a
recipient is engaged in work for a month in a fiscal year if
the recipient is participating in work activities for at least
the minimum average number of hours per week specified in the
following table during the month, not fewer than 20 hours per
week of which are attributable to an activity described in
paragraph (1), (2), (3), (4), (5), (6), (7), (8), or (12) of
subsection (d) of this section, subject to this subsection:
The minimum
If the month is average number
of
in fiscal year: hours per week
is:
1997 20
1998 20
1999 25
2000 or thereafter 30.
(B) 2-parent families
For purposes of subsection (b)(2)(B) of this section, an
individual is engaged in work for a month in a fiscal year if -
(i) the individual and the other parent in the family are
participating in work activities for a total of at least 35
hours per week during the month, not fewer than 30 hours per
week of which are attributable to an activity described in
paragraph (1), (2), (3), (4), (5), (6), (7), (8), or (12) of
subsection (d) of this section, subject to this subsection;
and
(ii) if the family of the individual receives
federally-funded child care assistance and an adult in the
family is not disabled or caring for a severely disabled
child, the individual and the other parent in the family are
participating in work activities for a total of at least 55
hours per week during the month, not fewer than 50 hours per
week of which are attributable to an activity described in
paragraph (1), (2), (3), (4), (5), (6), (7), (8), or (12) of
subsection (d) of this section.
(2) Limitations and special rules
(A) Number of weeks for which job search counts as work
(i) Limitation
Notwithstanding paragraph (1) of this subsection, an
individual shall not be considered to be engaged in work by
virtue of participation in an activity described in
subsection (d)(6) of this section of a State program funded
under this part, after the individual has participated in
such an activity for 6 weeks (or, if the unemployment rate of
the State is at least 50 percent greater than the
unemployment rate of the United States or the State is a
needy State (within the meaning of section 603(b)(6) of this
title), 12 weeks), or if the participation is for a week that
immediately follows 4 consecutive weeks of such
participation.
(ii) Limited authority to count less than full week of
participation
For purposes of clause (i) of this subparagraph, on not
more than 1 occasion per individual, the State shall consider
participation of the individual in an activity described in
subsection (d)(6) of this section for 3 or 4 days during a
week as a week of participation in the activity by the
individual.
(B) Single parent or relative with child under age 6 deemed to
be meeting work participation requirements if parent or
relative is engaged in work for 20 hours per week
For purposes of determining monthly participation rates under
subsection (b)(1)(B)(i) of this section, a recipient who is the
only parent or caretaker relative in the family of a child who
has not attained 6 years of age is deemed to be engaged in work
for a month if the recipient is engaged in work for an average
of at least 20 hours per week during the month.
(C) Single teen head of household or married teen who maintains
satisfactory school attendance deemed to be meeting work
participation requirements
For purposes of determining monthly participation rates under
subsection (b)(1)(B)(i) of this section, a recipient who is
married or a head of household and has not attained 20 years of
age is deemed to be engaged in work for a month in a fiscal
year if the recipient -
(i) maintains satisfactory attendance at secondary school
or the equivalent during the month; or
(ii) participates in education directly related to
employment for an average of at least 20 hours per week
during the month.
(D) Limitation on number of persons who may be treated as
engaged in work by reason of participation in educational
activities
For purposes of determining monthly participation rates under
paragraphs (1)(B)(i) and (2)(B) of subsection (b) of this
section, not more than 30 percent of the number of individuals
in all families and in 2-parent families, respectively, in a
State who are treated as engaged in work for a month may
consist of individuals who are determined to be engaged in work
for the month by reason of participation in vocational
educational training, or (if the month is in fiscal year 2000
or thereafter) deemed to be engaged in work for the month by
reason of subparagraph (C) of this paragraph.
(d) "Work activities" defined
As used in this section, the term "work activities" means -
(1) unsubsidized employment;
(2) subsidized private sector employment;
(3) subsidized public sector employment;
(4) work experience (including work associated with the
refurbishing of publicly assisted housing) if sufficient private
sector employment is not available;
(5) on-the-job training;
(6) job search and job readiness assistance;
(7) community service programs;
(8) vocational educational training (not to exceed 12 months
with respect to any individual);
(9) job skills training directly related to employment;
(10) education directly related to employment, in the case of a
recipient who has not received a high school diploma or a
certificate of high school equivalency;
(11) satisfactory attendance at secondary school or in a course
of study leading to a certificate of general equivalence, in the
case of a recipient who has not completed secondary school or
received such a certificate; and
(12) the provision of child care services to an individual who
is participating in a community service program.
(e) Penalties against individuals
(1) In general
Except as provided in paragraph (2), if an individual in a
family receiving assistance under the State program funded under
this part refuses to engage in work required in accordance with
this section, the State shall -
(A) reduce the amount of assistance otherwise payable to the
family pro rata (or more, at the option of the State) with
respect to any period during a month in which the individual so
refuses; or
(B) terminate such assistance,
subject to such good cause and other exceptions as the State may
establish.
(2) Exception
Notwithstanding paragraph (1), a State may not reduce or
terminate assistance under the State program funded under this
part based on a refusal of an individual to engage in work
required in accordance with this section if the individual is a
single custodial parent caring for a child who has not attained 6
years of age, and the individual proves that the individual has a
demonstrated inability (as determined by the State) to obtain
needed child care, for 1 or more of the following reasons:
(A) Unavailability of appropriate child care within a
reasonable distance from the individual's home or work site.
(B) Unavailability or unsuitability of informal child care by
a relative or under other arrangements.
(C) Unavailability of appropriate and affordable formal child
care arrangements.
(f) Nondisplacement in work activities
(1) In general
Subject to paragraph (2), an adult in a family receiving
assistance under a State program funded under this part
attributable to funds provided by the Federal Government may fill
a vacant employment position in order to engage in a work
activity described in subsection (d) of this section.
(2) No filling of certain vacancies
No adult in a work activity described in subsection (d) of this
section which is funded, in whole or in part, by funds provided
by the Federal Government shall be employed or assigned -
(A) when any other individual is on layoff from the same or
any substantially equivalent job; or
(B) if the employer has terminated the employment of any
regular employee or otherwise caused an involuntary reduction
of its workforce in order to fill the vacancy so created with
an adult described in paragraph (1).
(3) Grievance procedure
A State with a program funded under this part shall establish
and maintain a grievance procedure for resolving complaints of
alleged violations of paragraph (2).
(4) No preemption
Nothing in this subsection shall preempt or supersede any
provision of State or local law that provides greater protection
for employees from displacement.
(g) Sense of Congress
It is the sense of the Congress that in complying with this
section, each State that operates a program funded under this part
is encouraged to assign the highest priority to requiring adults in
2-parent families and adults in single-parent families that include
older preschool or school-age children to be engaged in work
activities.
(h) Sense of Congress that States should impose certain
requirements on noncustodial, nonsupporting minor parents
It is the sense of the Congress that the States should require
noncustodial, nonsupporting parents who have not attained 18 years
of age to fulfill community work obligations and attend appropriate
parenting or money management classes after school.
(i) Review of implementation of State work programs
During fiscal year 1999, the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the Senate
shall hold hearings and engage in other appropriate activities to
review the implementation of this section by the States, and shall
invite the Governors of the States to testify before them regarding
such implementation. Based on such hearings, such Committees may
introduce such legislation as may be appropriate to remedy any
problems with the State programs operated pursuant to this section.
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