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PROPOSED CORRECTING AMENDMENTS TO P.L. 104-193, THE PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996 (PRWORA)

Published: August 8, 2012
Audience:
Temporary Assistance for Needy Families (TANF)
Topics:
Laws, Regulations
Types:
Policy Document
Tags:
Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104-193)

TABLE OF CONTENTS

 

Amendments with Explanatory Statements: (Beginning of the Document)

[NOTE: Section of PRWORA in bold; section of Social Security Act in parentheses)


TITLE I--BLOCK GRANTS FOR TEMPORARY ASSISTANCE FOR NEEDY FAMILIES

Sec. 103(a): block grants to States (TANF):

1. Advance State plan requirement (402(a)).

2. Calculation of bonus for decrease in illegitimacy (403(a)(2)(C)).

3. Contingency fund.

  1. Amendment of inconsistent terminology (403(b)(3)(A)).
  2. Responsibility for administering contingency fund (403(b)(7))

4. Availability of TANF loans to Indian tribes (406(a)).

5. State option to exclude individuals subject to tribal work programs from State participation rates (407(b)(4)).

6. Amendments to mandatory work requirements.

  1. Inconsistent standards for engagement in work (407(c)(1)(B)).
  2. Penalties against individuals: inconsistent provisions (407(e)).

7. Assignment of support rights: clarification (408(a)(3)).

8. Time limit on benefits: disregard of certain assistance to reservation residents (408(a)(7)(D)).

9. Requirement to maintain level of historic effort.

  1. Definition of qualified State expenditures: benefits for aliens(409(a)(7)(B)(i)(III)).
  2. Reduction for failure to meet MOE require- ment: applicable percentage (409(a)(7)(B) (iii)).
  3. Definition of historic State expenditures. (409(a)(7)(B)(iii)).
  4. Definition of expenditures by the State (409(a)(7)(B)(iv)).

10. Penalties for noncompliance with CSE requirements (409(a)(8)).

11. Exclusions from reasonable cause penalty exceptions (409(b)(2)).

12. Penalties not avoidable through corrective compliance plans (409(c)(4)).

13. Data collection and reporting (411(a)(1)(B)).

14. Grants to Indian tribes that received JOBS funds (412(a)(2)(A)).

15. Research, evaluations, and national studies.

  1. Methods available for conduct of research (413(a)).
  2. Funding of previously authorized demonstrations (413(h)(1)(D)).
  3. State child poverty reports (413(i)(1)).

16. Definition of Indian tribes in Alaska(419[A](4)).

Sec. 103(b): TANF grants to territories:

1. Federal payments for TANF programs in territories (1108(a)).

2. Multiple territorial maintenance of effort requirements (1108(e)).

Sec. 104: services provided by charitable, religious, or private organizations:

1. Clarifications concerning religiously affiliated providers.

Sec. 106: report on data processing:

1. Clarifying amendment.

Sec. 108: conforming amendments to Social Security Act.

1. Amendments to title IV-D.

  1. Performance standards for State paternity establishment programs: deletion of obsolete language (452(g)(2)).
  2. Distribution formula: amendment concerning Medicaid cases to conform to change made concerning title IV-A cases (454(5)).
  3. Assignment of support rights to States: correction of references (456(a)(1); 464(a)(1)).

2. Amendments to title IV-E: uniform methodology for determining Medicaid and foster care/adoption assistance entitlements (470; 472; 473).

Sec. 115: denial of assistance and benefits for certain drug-related convictions:

1. Application of provision only to conduct occurring before enactment.

Sec. 116: effective dates; transition:

1. Reporting requirements applicable to transition period.


TITLE II--SUPPLEMENTAL SECURITY INCOME

Sec. 202: denial of SSI to fugitive felons, probation and parole violators:

1. Ability of SSA to charge for providing information (1611(e)).

Sec. 203: treatment of prisoners:

1. Inmates eligible for SSI payments (1611(e)).

2. Refinement in exemption from Privacy Act requirements (1611(e)).

Sec. 211: definition and eligibility rules:

1. Criteria for medical redeterminations for child SSI recipients.

Sec. 212: eligibility determinations and continuing disability reviews:

1. Criteria for medical redeterminations for SSI recipients attaining age 18.

2. Timetable for continuing disability reviews for low birth weight babies.

Sec. 213: additional accountability requirements:

1. Dedicated accounts for minors receiving SSI: penalties for misapplication of funds; clarification of terms (1631(a)(2)(F)).

Sec. 214: reduction in SSI payments to privately insured institutionalized individuals:

1. Changes to outdated terminology (1611(e)(1)).


TITLE III--CHILD SUPPORT

Sec. 301: State obligation to provide CSE services:

1. State plan requirements: clarifying amendment (454(6)(B)).

2. Correction of reference (454; 464).

Sec. 302: distribution of CSE collections:

1. Limits on collections retained by State and Federal governments (457(a)(1)).

2. Collections for families receiving assistance from Indian tribes (457(a)).

3. Study and report (457(a)(5)).

4. Continuation of assignments (457(b)).

5. Conforming amendment (457; 464; 466).

Sec. 313: State directory of new hires:

1. Civil money penalty amount (453A(d)).

Sec. 316: expansion of FPLS:

1. Child custody and visitation orders: deletion of incorrect insertion (453(c)(1)).

2. FPLS access to certain IRS records.

3. Availability of data in registries for research (453(j)(5).

Sec. 317: use of social security numbers in CSE:

1. Collection and use of social security numbers in CSE: conforming amendments to title II of Social Security Act (205(c)(2)(C)).

Sec. 321: adoption of uniform State laws:

1. Deadline for State adoption of UIFSA (466(f)).

Sec. 341: performance-based incentives and penalties:

1. Correction of reference (452(g)(2)).

Sec. 345: technical assistance:

1. Means available for provision of technical assistance, operation of FPLS (452(j); 453(o)).

2. Availability of certain FPLS funds until expended (453(o)).

Sec. 362: support collection from Federal employees:

1. Response to notice or process (459(c)(2)(C)).

2. Moneys subject to process (459(h)(1)).

3. Exemption of certain VA benefits (459(h)(1)(B)).

4. Conforming amendment 454(19)(b)(ii); 459).

Sec. 366: definition of support order:

1. Definition of support order (453(p)).

Sec. 371: international support enforcement:

1. Correction of reference (454(32)(A); 459A(d)).

Sec. 375: CSE for Indian tribes:

1. Cooperative agreements with States (454(33).

2. Direct Federal funding to Indian tribes and tribal organizations (455(b)).

  1. Technical correction (455[(b)](f)).
  2. Direct grants to tribes (455(f)).

TITLE IV--RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS

Secs. 402; 403; 412; 431: cross-cutting amendments concerning exceptions to benefit limitations:

1. Corrections to reference concerning aliens whose deportation is withheld.

2. Exceptions for certain Amerasian immigrants.

3. Clarifications of exceptions for veterans and active duty military.

Sec. 401: ineligibility of non-qualified aliens for Federal public benefits:

1. Clarification of Medicare entitlement.

Sec. 402: limited eligibility of qualified aliens for certain Federal programs:

1. Clarification of qualified aliens' eligibility for emergency benefits.

Sec. 403: 5-year limited eligibility for means-tested public benefits:

1. Correction of reference concerning Cuban and Haitian entrants.

Sec. 404: notification and information reporting.

1. Correction of terminology.

Sec. 411: limits on eligibility for State and local public benefit programs:

1. Aliens' eligibility for State and local benefits: correction of list of aliens lawfully present.

Sec. 421 (attribution of sponsor's income and resources to alien); sec. 423 (sponsor's affidavit of support):

1. Clarification for State deeming of sponsor's income and resources to alien.

Sec. 431: definitions:

1. Definitions of terms used in title IV.

2. Treatment of lawfully present aliens as "qualified aliens".

3. Treatment of battered alien as "qualified alien" for limited purposes.

Sec. 433: statutory construction:

1. Clarification of scope of title IV: application to benefits paid to aliens present in U.S.

Sec. 435: qualifying quarters:

1. Disclosure of quarters of coverage information.

TITLE V--CHILD PROTECTION

Sec. 503: national random sample study of child welfare:

1. Methods permitted for conduct of study.


TITLE VI--CHILD CARE

Sec. 603: authorization of appropriations and entitlement authority:

1. Funding for child care.

  1. Perfecting and clarifying amendments.
  2. Data used to calculate State expenditures in base period.
  3. Funding for territories.

Sec. 612: report by the Secretary:

1. Report to Congress.

TITLE VIII--FOOD STAMPS AND COMMODITY DISTRIBUTION

TITLE IX--MISCELLANEOUS

Sec. 846: expanded forfeiture for food stamp violations:

1. Criminal forfeiture: corrections to conform to other criminal forfeiture statutes.

Secs. 891, 907: electronic benefits transfer:

1. Duplicative provisions.