S.Amdt. 2711

SA 2711. Mr. SMITH (for himself, Mr. Rockefeller, Mrs. Lincoln, and Mr. Wyden) submitted an amendment intended to be proposed by him to the bill H.R. 4, to reauthorize and improve the program of block grants to States for temporary assistance for needy families, improve access to quality child care, and for other purposes; which was ordered to lie on the table; as follows:

On page 230, between lines 22 and 23, insert the following:

(b) Limitation on Penalty for Failure To Satisfy Minimum Participation Rates for Improving States.--Section 409(a)(3) (42 U.S.C. 609(a)(3)), as amended by section 110(a)(2)(B), is amended--

(1) in subparagraph (A), by striking “If the Secretary” and inserting “Subject to subparagraphs (C) and (D), if the Secretary”; and

(2) by adding at the end the following:

“(D) Limitation on application of penalty for failure to satisfy minimum participation rate to an improving state.--Notwithstanding the preceding subparagraphs of this paragraph, in the case of a State that has a minimum participation rate under section 407(a) for the fiscal year that is at least 5 percentage points more than the participation rate determined (taking into account the application of any credit against such rate) under section 407(a) for the State for the preceding fiscal year, the Secretary shall not reduce the grant payable to a State under section 403(a)(1) for the immediately succeeding fiscal year based on the failure of the State to comply with section 407(a).”.