Sec. 7. Strengthening work participation requirements
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Section 407(b)(2)(A) ( 42 U.S.C. 607(b)(2)(A) ), as amended by section 5, is amended— by redesignating clauses
(i)and
(ii)as subclauses
(I)and (II), respectively, and by moving such subclauses 2 ems to the right; by striking clause
(i)in subclause (II), as so redesignated, and inserting subclause
(I); and by striking for a fiscal year by the number of percentage points and inserting “for a fiscal year by the lesser of— 25 percentage points; or the number of percentage points . Section 407(i)(1)(A) ( 42 U.S.C. 607(i)(1)(A) ) is amended by adding at the end the following: Not later than September 30, 2018, the Secretary shall promulgate regulations to ensure that the participation rate of a State under this section is determined without regard to work engaged in by an individual who has been included in the State program funded under this part under State policies that include the individual solely to increase the participation rate. Such regulations shall include individuals receiving assistance under this part that has a legitimate work-supporting purpose in the calculation of the participation rate of the State and shall— set forth the criteria for determining whether an individual has been included solely for such reason; set a minimum monthly dollar amount (not less than an amount equivalent to $30 per family in fiscal year 2018) equal to or above which a work supplement payment will be treated as having a legitimate work-supporting purpose; and permit a State to appeal an unfavorable determination if the State can demonstrate that its work supplement payments have a legitimate work supporting purpose. The regulations required under this clause shall not be effective before fiscal year 2019. . Section 407(b) ( 42 U.S.C. 607(b) ), as amended by section 5, is further amended by adding at the end the following: If an individual who is not a recipient of assistance under the State program funded under this part (or any other State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i))) participates in work activities as part of a State's subsidized employment program funded under section 403(b), the State may count the individual as a family that includes an adult or a minor child head of household who is engaged in work for the month for purposes of paragraph (1)(B). . Section 409(a)(3) ( 42 U.S.C. 609(a)(3) ), as amended by this Act, is amended— in subparagraph (A), by striking the Secretary shall reduce and all that follows and inserting then the applicable percentage which would otherwise apply with respect to the State for purposes of paragraph
(7)for the fiscal year that succeeds the year in which the State receives notice of noncompliance with section 407(a) shall be increased by the penalty number of percentage points determined under subparagraph
(B)with respect to the State for that succeeding fiscal year. ; and by striking subparagraph
(B)and inserting the following: For the purposes of subparagraph (A), the penalty number of percentage points determined under this subparagraph with respect to a State and a fiscal year is— if the penalty was not imposed on the State under subparagraph
(A)for the preceding fiscal year, 5 percentage points; or the lesser of— the penalty number of percentage points determined under this subparagraph with respect to the State for the preceding fiscal year, plus 5 percentage points; or the number of percentage points which, when added to the applicable percentage referred to in subparagraph (A), would result in the applicable percentage being 100 percent. . Any penalties imposed with respect to a State’s failure to satisfy the minimum participation rates described in section 409(a)(3) of the Social Security Act ( 42 U.S.C. 609(a)(3) ) for any of fiscal years 2007 through 2016 that remain in effect as of the date of enactment of this Act are rescinded, and no such penalty shall be imposed after the date of enactment of this Act for any such fiscal year.
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