Sec. 7. Work rules
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Section 408(b)(1) ( 42 U.S.C. 608(b)(1) ) is amended— by inserting (which, at the option of the recipient, shall be conducted by trained personnel with respect to barriers to employment specified by the recipient) after assessment ; and by striking and employability and inserting employability, physical and mental impairments, English proficiency, child care needs, and whether the recipient is a victim of domestic or sexual violence, . Section 408(b)(2)(A) (42 U.S.C. 608(b)(2)(A)) is amended— in the matter preceding clause (i), by striking may and inserting shall ; in clause (iv)— by inserting , supports, after counseling ; and by striking and at the end; in clause (v), by striking the period and inserting ; and ; and by adding at the end the following: describe a well-being plan for each child in the family. .
Section 408(b)(2)(B) ( 42 U.S.C. 608(b)(2)(B) ) is amended by striking individual— and all that follows and inserting individual within 90 days after the individual is determined eligible for the assistance. . Section 409(a) (42 U.S.C. 609(a)), as amended by section 5(c)(2)(A) of this Act, is amended by adding at the end the following: If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated section 408(b)(2) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to not more than 5 percent of the State family assistance grant.
The Secretary shall impose reductions under subparagraph
(A)with respect to a fiscal year based on the degree of noncompliance. . Section 408(b) ( 42 U.S.C. 608(b) ) is amended by striking paragraph (4). Section 408 ( 42 U.S.C. 608 ) is amended by adding at the end the following: A State may develop a modified employability plan for a recipient of assistance under the State program funded under this part— who— is a work-eligible individual (as defined in section 407(a)(2)); and has been determined by a qualified 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 disability (as so determined). The modified employability plan shall— include a determination that, because of the disability of the recipient or the individual for whom the recipient is caring, reasonable modification of work activities, hourly participation requirements, or both, is needed in order for the recipient to participate in the activities; describe the modified work activities in which the recipient is required to participate; specify the number of hours per week for which the recipient is required to participate in the modified work activities, based on an evaluation by the State of the circumstances of the family; describe the services, supports, and modifications that the State will provide to the recipient or the family of the recipient; be developed in cooperation with the recipient; and be reviewed not less often than every 6 months. In this subsection: The term disability means a mental or physical impairment, including substance abuse or addiction, that— constitutes or results in a substantial impediment to employment; or substantially limits 1 or more major life activities. The term modified work activities means activities which the State has determined will help the recipient become employable. . Section 408(a) ( 42 U.S.C. 608(a) ) is amended by adding at the end the following: A State to which a grant is made under section 403 shall not impose a lifetime prohibition on the provision of assistance to any individual or family under the State program funded under this part or under a program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)) on the basis of the failure of a member of the family to comply with a program requirement. . Section 409(a) ( 42 U.S.C. 609 ), as amended by section 5(c)(2)(A) of this Act and subsection (b)(3) of this section, is amended by adding at the end the following: If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated section 408(a)(13) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 5 percent of the State family assistance grant. . Section 408(a) ( 42 U.S.C. 608(a) ), as amended by subparagraph (A)(i) of this paragraph, is amended by adding at the end the following: Before imposing a sanction against an individual or family receiving assistance under the State program funded under this part or under a program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)) for failure to comply with program requirements, the State shall take the following steps: Provide or send notice to the individual or family, and, if the recipient’s native language is not English, through a culturally competent written or verbal translation, of the following information: The specific reason for the proposed sanction. The amount of the proposed sanction. The length of time during which the proposed sanction would be in effect. The steps required to come into compliance or to show good cause for noncompliance. That the agency will provide assistance to help the individual demonstrate good cause for noncompliance, or come into compliance with program requirements. That the individual may appeal the determination to impose a sanction, and the steps that the individual must take to pursue such an appeal. Ensure that, subject to clause (iii)— an individual, other than the individual who determined that a sanction be imposed, will review the determination and have the authority to take the actions described in subclause (II); and the individual or family against whom the sanction is to be imposed shall be afforded the opportunity to meet with the individual who is reviewing the determination to impose the sanction. The action described in this subclause are the following: Modify the determination to impose a sanction. Determine that there was good cause for the failure to comply. Recommend modifications to the individual responsibility or employment plan of an individual. Make such other determinations and take such other actions as may be appropriate. The review required under clause
(ii)shall include consideration of the following: To the extent applicable, whether barriers to compliance exist, such as a physical or mental impairment (including mental illness, substance abuse, mental retardation, or a learning disability), domestic or sexual violence, limited proficiency in English, limited literacy, homelessness, or the need to care for a child with a disability or health condition, that contributed to the noncompliance. Whether the noncompliance resulted from failure to receive or have access to services identified as necessary in an individual responsibility or employment plan. Whether changes to the individual responsibility or employment plan of an individual should be made in order for the individual to come into compliance. Whether there is good cause for any noncompliance. Whether the sanction policies of the State have been applied properly. If a State imposes a sanction on a family or individual for failing to comply with program requirements, the State shall— provide or send notice to the individual or family, in language calculated to be understood by the individual or family, and, if the individual’s or family’s native language is not English, through a culturally competent translation, of the reason for the sanction and the steps the individual or family must take to end the sanction; resume full assistance, services, or benefits to the individual or family under the program (if the individual or family is otherwise eligible for the assistance, services, or benefits) once the individual who was not in compliance with program requirements that led to the sanction complies with the requirements for a reasonable period of time, as determined by the State and subject to State discretion to reduce the period; and if the State has not resumed providing the assistance, services, or benefits as of the end of the 120-day period that begins on the date that is 60 days after the date on which the sanction was imposed, provide notice to the individual or family, in language calculated to be understood by the individual or family, of the steps the individual or family must take to end the sanction, and of the availability of assistance to come into compliance or demonstrate good cause for noncompliance. The State shall make a reasonable effort to provide to an individual or family that has been evicted from a residence for failure to pay rent or as a result of another problem related to poverty, any notice required by this paragraph to be provided to the individual or family. . Section 409(a) ( 42 U.S.C. 609(a) ), as amended by section 5(c)(2)(A) of this Act, subsection (b)(3) of this section, and subparagraph (A)(ii) of this paragraph, is amended by adding at the end the following: If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated section 408(a)(14) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to not more than 5 percent of the State family assistance grant. The Secretary shall impose reductions under subparagraph
(A)with respect to a fiscal year based on the degree of noncompliance. . Section 402(a)(1)(B)(iii) (42 U.S.C. 602(a)(1)(B)(iii)) is amended by inserting , and will notify applicants and recipients of assistance under the program of the rights of individuals under all laws applicable to program activities and of all potential benefits and services available under the program before the period. Section 407(e)(1) ( 42 U.S.C. 607(e)(1) ) is amended— by striking shall— and all that follows through subparagraph
(B)and inserting shall reduce the amount of assistance otherwise payable to the family pro rata with respect to any period during a month in which the individual so refuses, ; and by striking may establish and inserting the following shall establish, which shall include the decline of an offer of employment at a wage less than the greater of the applicable Federal or State minimum wage, or 80 percent of the wage that would have governed had the minimum hourly rate under the Fair Labor Standards Act been applicable to the offer of employment, at a site subject to a strike or lockout at the time of refusal, or for medical reasons or a lack of sufficient physical strength or stamina . Section 407(e)(2) ( 42 U.S.C. 607(e)(2) ) is amended by striking refusal and all that follows and inserting failure 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 months of age; or the individual is the single custodial parent caring for a child who has not attained 13 years of age, and the failure resulted from the inability of the individual to secure child care or after-school arrangements for the child . Section 408(a)(2) ( 42 U.S.C. 608(a)(2) ) is amended by striking State— and all that follows and inserting State shall deduct from the assistance that would otherwise be provided to the family of the individual under the State program funded under this part an amount equal to 25 percent of the amount of the assistance. . Section 402(a) ( 42 U.S.C. 602(a) ) is amended by adding at the end the following: A certification by the chief executive officer of the State that the employment assessments conducted pursuant to section 408(b)(1) and the sanction reviews conducted pursuant to section 408(a)(14)(A) will be conducted by personnel who have sufficient education, training, and professional competence to do so, which shall include information on the education, training, and professional competence that State will require of the personnel. .
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