Sec. 202. TANF Employment Fund
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Section 403(b) of the Social Security Act ( 42 U.S.C. 603(b) ) is amended to read as follows: There is hereby established in the Treasury of the United States a fund which shall be known as the Employment Fund for Needy Families (in this subsection referred to as the Fund ). Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated for each of fiscal years 2017 through 2023, $608,000,000 for payment to the Fund, which shall remain available until expended.
For each of fiscal years 2017 through 2023, the Secretary shall make grants, on a competitive basis, to qualifying entities as provided in this paragraph. For purposes of this paragraph, a qualifying entity for a fiscal year is a State, territory, Indian tribe, or tribal organization, operating a 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))), that submits to the Secretary an application for a grant under this paragraph for the fiscal year, in such manner and at such time as the Secretary may require.
The Secretary shall reserve $10,000,000 out of the amounts made available under paragraph
(2)for each fiscal year to provide technical assistance to qualifying entities receiving a grant under this paragraph for the fiscal year. The Secretary shall reserve, from the amount made available under paragraph
(2)for a fiscal year that remains after applying clause (i), 3 percent for grants under this paragraph for the fiscal year to qualifying entities that are territories and 1 percent for grants under this paragraph for the fiscal year to qualifying entities that are Indian tribes or tribal organizations, to be allotted in a manner the Secretary determines to be appropriate. The amount of a grant under this paragraph payable for a fiscal year to a qualifying entity that is a State shall be the amount that bears the same ratio to the aggregate amount as the number of individuals residing in the State who have attained 18 years of age but have not attained 67 years of age who are not employed or underemployed (such as involuntarily working part-time), as determined by the Secretary, bears to the total number of such individuals residing in all qualifying entities that are States. For purposes of this clause, the term aggregate amount means the amount made available for a fiscal year under paragraph
(2)that remains after applying clauses
(i)and (ii). The Secretary shall set reasonable limits on the amount of funds a State receiving a grant under this paragraph may carry over for expenditure in fiscal years after the fiscal year for which the grant is awarded. Any portion of the amount of a grant made to a State under clause
(iii)that the Secretary determines will not be used by the State shall be redistributed among the States that the Secretary determines will not have such an unused amount, using the rules specified in clause (iii). Any amount so redistributed to a State is deemed part of the grant made to the State under the preceding provisions of this paragraph. A qualifying entity awarded a grant under this paragraph shall use the grant funds to conduct a subsidized employment program to assist recipients of TANF cash assistance and TANF-eligible individuals who are not recipients of cash assistance in obtaining paid employment. A qualifying entity may use not more than 15 percent of funds awarded to the entity under this paragraph for a fiscal year to conduct a sectoral skills training program to provide sectoral skills training to recipients of TANF cash assistance and TANF-eligible individuals who are not recipients of cash assistance. A qualifying entity may use funds awarded under this paragraph to carry out clause (i), including the following activities: Administrative expenses. Supportive services, including transportation and childcare, to enable individuals to participate in a program described in clause (i). Wages and associated payroll costs for individuals participating in the subsidized employment program described in clause (i)(I). A qualifying entity shall use not less than 75 percent of funds awarded to the entity under this paragraph to assist under the program described in clause (i)(I) (and, if the entity so elects, the program described in clause (i)(II)) recipients of TANF cash assistance and may use the remainder of the funds to assist TANF-eligible individuals who are not recipients of cash assistance. In this subparagraph, the term recipient of TANF cash assistance means an individual who— has attained 18 years of age and has not attained 67 years of age; and is not employed and is determined by the qualifying entity to have been unsuccessful at obtaining paid employment after participating in a job search program; and— is a member of a family that receives cash 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)); or is a noncustodial parent of a minor child residing with a family described in subitem (AA), in a case in which the parent is not considered by the State to be a member of the family. In this subparagraph, the term TANF-eligible individual who is not a recipient of cash assistance means an individual who— has attained 18 years of age and has not attained 67 years of age; is not employed and is determined by the qualifying entity to have been unsuccessful at obtaining paid employment after participating in a job search program; is not an individual described in subitems
(AA)or
(BB)of subclause (II)(bb); and is a member of a family that includes a minor child residing with the family (including a noncustodial parent of the child) if the family has an income that is less than the poverty line (as defined in section 673(2) of the Omnibus Budget Reconciliation Act of 1981, including any revision required by such section, applicable to a family of the size involved). For each fiscal year for which a qualifying entity receives a grant under this paragraph, the entity shall submit to the Secretary, within 6 months after the end of the fiscal year, a report on the subsidized employment program described in subparagraph (D)(i)(I), which shall— describe the structure of the activities of the entity to use the grant funds to subsidize employment for individuals participating in the program (in this clause referred to as subsidized employees ), including the amount and duration of the subsidies provided; for each month of the fiscal year, specify the number of individuals whose employment is subsidized with these funds and the percentage of such individuals whose employment is in an area that matches their previous training and work experience; describe the qualifying entity’s policies in effect during the fiscal year— to ensure nondisplacement as required under paragraph (4)(A); and to implement grievance procedures as required in (4)(B), including information on the number of grievance claims filed in the preceding fiscal year and the aggregate results of those claims; describe requirements imposed on employers by the State as a condition of participating in the program; describe the types of jobs in which subsidized employees are placed; provide demographic information for subsidized employees and for the target population the entity seeks to assist under the program; specify the average number of hours worked per week by a subsidized employee; specify the average length of time for which a subsidized employee participates in the program; describe the employment outcomes for subsidized employees after participating in the program, including the number of individuals hired by an employer with which the individual was placed during the program and the number of individuals hired by other employers; specify the percentage of subsidized employees who are in unsubsidized employment during the second quarter after the subsidy ended; specify the percentage of subsidized employees who are in unsubsidized employment during the fourth quarter after the subsidy ended; specify the median earnings of subsidized employees who are in unsubsidized employment during the second quarter after the subsidy ended; and specify the number of subsidized employees who concurrently received other Federal or State means-tested benefits during their subsidized employment. If a qualifying entity elects to conduct a sectoral skills training program described in subparagraph (D)(i)(II), the report required under clause
(i)of this subparagraph shall also include a description of— the design of the program; the industries in which individuals receiving assistance under the program (in this clause referred to as trainees ) receive training; demographic information for trainees and for the target population the entity seeks to assist under the program; the total number of trainees participating in the program during the fiscal year; the average number of hours per week for which a trainee receives training; the average length of time for which a trainee participates in the program; and the employment outcomes for trainees after participating in the program. The Secretary shall establish and implement a rigorous system for evaluating the success of subsidized employment programs and sectoral training programs conducted pursuant to this paragraph. A State to which a grant is made under this subsection shall ensure that no participant in a subsidized job program funded in whole or in part under this subsection is employed or assigned to a job under the program— when any other individual is on layoff from the same or any substantially equivalent job; or 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 a participant in such subsidized job program. A State with a program funded under this subsection shall establish and maintain a grievance procedure for resolving complaints of alleged violations of subparagraph (A). Nothing in this paragraph shall preempt or supersede any provision of State or local law that provides greater protection for employees from displacement. In this subsection: The terms Indian tribe and tribal organization have the meaning given such terms in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). The term sectoral skills training means training that implements a sectoral skills training strategy established by an industry or sector partnership (as defined in section 3(26) of the Workforce Innovation and Opportunity Act). The term State means each of the 50 States of the United States and the District of Columbia. The term territories means Puerto Rico, Guam, the United States Virgin Islands, the Northern Mariana Islands, and American Samoa. . Section 407(b) of such Act ( 42 U.S.C. 607(b) ), as amended by section 201(a)(1)(B) of this Act, 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 for not less than the minimum average number of hours per week specified in the table in subsection (c)(1) of this section during a month as part of a State’s subsidized employment or sectoral skills training 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) of this subsection. . Section 402(a)(1)(B) of such Act ( 42 U.S.C. 602(a)(1)(B) ) is amended by adding at the end the following: The document shall indicate whether the State intends to apply for a grant to conduct a subsidized employment program and, if the State so chooses, a sectoral skills training program, under section 403(b). If so, the document shall include a description of the program or programs the State intends to conduct using the grant funds and a description of how the program or programs will serve noncustodial parents of minor children. . Section 1108(a)(2) of such Act ( 42 U.S.C. 1308(a)(2) ) is amended by inserting 403(b), after 403(a)(5), . Section 407(c)(2)(A) of such Act ( 42 U.S.C. 607(c)(2)(A) ) is amended— in clause (i), by striking section 409(a)(7)(B)(i)) and inserting clause
(iii); and by adding at the end the following: For purposes of clause (i), a State is a needy State for a month if— the average rate of— total unemployment in such State (seasonally adjusted) for the period consisting of the most recent 3 months for which data for all States are published equals or exceeds 6.5 percent; and total unemployment in such State (seasonally adjusted) for the 3-month period equals or exceeds 110 percent of such average rate for either (or both) of the corresponding 3-month periods ending in the 2 preceding calendar years; or as determined by the Secretary of Agriculture (in the discretion of the Secretary of Agriculture), the monthly average number of individuals (as of the last day of each month) participating in the supplemental nutrition assistance program in the State in the then most recently concluded 3-month period for which data are available exceeds by not less than 10 percent the lesser of— the monthly average number of individuals (as of the last day of each month) in the State that would have participated in the supplemental nutrition assistance program in the corresponding 3-month period in fiscal year 1994 if the amendments made by titles IV and VIII of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 had been in effect throughout fiscal year 1994; or the monthly average number of individuals (as of the last day of each month) in the State that would have participated in the supplemental nutrition assistance program in the corresponding 3-month period in fiscal year 1995 if the amendments made by titles IV and VIII of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 had been in effect throughout fiscal year 1995. . Section 409(a)(3)(C) of such Act ( 42 U.S.C. 609(a)(3)(C) ) is amended by striking section 403(b)(5) and inserting section 407(c)(2)(A)(iii) . The amendments made by this section shall apply with respect to fiscal years beginning after the date of the enactment of this Act.
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