Page:United States Statutes at Large Volume 102 Part 3.djvu/424

 102 STAT. 2376

PUBLIC LAW 100-485—OCT. 13, 1988

"(iii) the State has submitted a proposal which is likely to achieve the applicable participation rate for the current fiscal year and the subsequent fiscal years (if any) specified therein. "(4)(A)(i) Subject to subparagraph (B), in the case of any family eligible for giid to families with dependent children by reason of the unemployment of the parent who is the principal earner, the State agency shall require that at least one parent in any such family participate, for a total of at least 16 hours a week during any period in which either parent is required to participate in the program, in a work supplementation program, a community work experience or other work experience program, on-the-job tredning, or a State designed work program approved by the Secretary, as such programs are described in section 482(d)(l). In the case of a parent under age 25 who has not completed high school or an equivalent course of education, the State may require such parent to participate in educational activities directed at the attainment of a high school diploma (or equivalent) or another basic education program in lieu of one or more of the programs specified in the preceding sentence. "(ii) For purposes of clause (i), an individual participating in a community work experience program under section 482 shall be considered to have met the requirement of such clause if he participates for the number of hours in any month equal to the monthly payment of aid to families with dependent children to the family of which he is a member, divided by the greater of the Federal or the applicable State minimum wage (and the portion of such monthly payment for which the State is reimbursed by a child support collection shall not be taken into account in determining the number of hours that such individual may be required to work). "(B) The requirement under subparagraph (A) shall not be considered to have been met by any State if the requirement is not met with respect to the following percentages of all families in the State eligible for aid to families with dependent children by reason of the unemployment of the parent who is the principal earner: "(i) 40 percent, in the case of the average of each month in fiscal year 1994, "(ii) 50 percent, in the case of the average of each month in fiscal year 1995, "(iii) 60 percent, in the case of the average of each month in fiscal year 1996, and "(iv) 75 percent in the case of the average of each month in each of the fiscal years 1997 and 1998. "(C) The percentage of participants for any month in a fiscal year for purposes of the preceding sentence shall equal the average of— (i) the number of individuals described in subparagraph (A)(i) who have met the requirement prescribed therein, divided by "(ii) the total number of principal earners described in such subparagraph (but excluding those in families who have been recipients of aid for 2 months or less if, during the period that the family received aid, at least one parent engaged in intensive job search). "(D) If the Secretary determines that the State has failed to meet the requirement under subparagraph (A) (determined with respect to the percentages prescribed in subparagraph (B)), he may waive, in whole or in part, any penalty if he finds that— "(i) the State is operating a program in conformity with section 402(a)(19) and part F,

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