< Back to H.R. 5011 (103rd Congress, 1993–1994)

Text of the Welfare-to-Work Incentives Act of 1994

This bill was introduced on August 21, 1994, in a previous session of Congress, but was not enacted. The text of the bill below is as of Aug 21, 1994 (Introduced).

Source: GPO

HR 5011 IH

103d CONGRESS

2d Session

H. R. 5011

To authorize the waiver of such provisions of law as may be necessary to enable a limited amount of private sector earnings to be disregarded in determining eligibility for assistance under welfare programs.

IN THE HOUSE OF REPRESENTATIVES

August 21, 1994

Mr. BARCA of Wisconsin (for himself, Mr. SWETT, Ms. MCKINNEY, Mr. NADLER, Mr. BARRETT of Wisconsin, and Mr. HINCHEY) introduced the following bill; which was referred to the Committee on Government Operations


A BILL

To authorize the waiver of such provisions of law as may be necessary to enable a limited amount of private sector earnings to be disregarded in determining eligibility for assistance under welfare programs.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Welfare-to-Work Incentives Act of 1994’.

SEC. 2. APPLICATION FOR WAIVERS NECESSARY TO DISREGARD PRIVATE SECTOR INCOME.

    Any entity that administers a welfare program in a State or a political subdivision of a State may submit to the Secretary an application that contains the following:

      (1) REQUEST FOR WAIVER- A request that compliance by the applicant with any Federal statutory or regulatory requirement be waived to the extent necessary to enable the applicant in determining eligibility for, or amount of, benefits under the program to disregard private sector income in accordance with rules set forth in the application.

      (2) GEOGRAPHIC AREA- The geographic area in which the waiver is requested to apply.

      (3) RECIPIENTS- The particular groups of individuals, by age, service needs, economic circumstances, or other defining factors, with respect to whom the waiver is requested to apply.

      (4) OBJECTIVES AND PERFORMANCE CRITERIA- Specific objectives and criteria for measuring levels of performance under the program during the period for which the waiver is requested to apply, a description of how such objectives and levels of performance are expected to be achieved, a description of how such criteria are to be used to measure performance, and a system for the comprehensive evaluation of the impact of the waiver on participants, on the community, and on costs.

      (5) COVERED PROGRAM- The welfare program to which the waiver is requested to apply, and the criteria for determining eligibility for benefits under the program.

      (6) FISCAL CONTROL AND ACCOUNTABILITY- Fiscal control and related accountability procedures that are to apply under the program during the period for which the waiver is requested to apply.

      (7) WAIVER PERIOD- The period during which the waiver is requested to be in effect.

      (8) OTHER INFORMATION- Any other information the Secretary may require to approve the application.

SEC. 3. REVIEW AND APPROVAL OF APPLICATIONS; WAIVERS.

    (a) REVIEW- Upon receipt of an application submitted in accordance with section 2, the Secretary shall--

      (1) approve or disapprove the application within 90 days after such receipt;

      (2) notify the applicant in writing of such approval or disapproval; and

      (3) if the application is disapproved, include in the notice of disapproval a written justification of the reasons therefor.

    (b) CONDITIONAL APPROVAL- The Secretary may condition approval of such an application on the acceptance by the applicant of specific modifications to the application.

    (c) APPROVAL-

      (1) REQUIREMENTS- The Secretary shall approve such an application, subject to paragraph (2), if the Secretary determines that--

        (A) granting the waiver requested in the application will improve the effectiveness of the covered program;

        (B) the applicant has adequately considered, and the application appropriately addresses, the effects that the administration of the covered program will have on the administration of any other welfare program; and

        (C) the applicant has or is developing data bases, planning, and evaluation processes that are adequate for operating the covered program under the waiver and evaluating the effects of the waiver.

      (2) LIMITATION- The Secretary may not approve such an application with respect to a covered program if the Secretary determines that, over time, the operation of the covered program under the waiver requested in the application will result in a net cost to the Federal Government. In making the determination, the Secretary shall take into account the estimated benefits of the covered program, including any resulting reduction in the costs of other welfare programs and any resulting increase in Federal revenues.

      (3) IMPLEMENTATION PERIOD- In approving such an application, the Secretary shall specify the period during which the waiver is to apply to the covered program.

    (d) WAIVERS- If the Secretary approves an application for the waiver under subsection (c), the Secretary shall, subject to this subsection, waive compliance by the applicant with any requirement of Federal law or regulation that would prevent the applicant from disregarding private sector income in determining eligibility for, or amount of, benefits under the covered program.

SEC. 4. EVALUATIONS.

    (a) IN GENERAL- Any entity whose application is approved under this Act shall, in accordance with regulations issued by the Secretary--

      (1) submit such reports on, and cooperate in such audits of, the implementation of the assistance plan contained in the application; and

      (2) periodically evaluate the effects that implementation of the plan has had on--

        (A) individuals who receive benefits under the covered program included in the plan;

        (B) communities where such individuals live; and

        (C) costs of administering the covered program included in the plan.

    (b) ANNUAL REPORTS- Not later than 90 days after the end of the 1-year period beginning on the date an application is approved under this Act, and annually thereafter, the applicant shall submit to the Secretary a report on the principal activities and achievements under the covered program operated in accordance with the approved application during the period covered by the report, and the report shall compare those achievements to the objectives and performance criteria included in the application pursuant to section 2(4).

    (c) FINAL REPORT- Not later than 45 days after the end of the period for which the Secretary has initially authorized an applicant to operate a covered program in accordance with an approved application under this Act, or at any time that the applicant determines that the plan has demonstrated its worth and proven to be a superior way to provide benefits under the covered program, the entity shall submit to the Secretary a final report on such implementation, including a full evaluation of the successes and shortcomings of the covered program as so operated and the effects of such implementation on individuals who receive benefits under the covered program.

    (d) EXTENSION OF PLANS- The Secretary may extend, for such period as may be appropriate, the period for which an applicant may operate a covered program in accordance with an approved application under this Act, based on the report of the applicant under subsection (c).

    (e) SUSPENSION AND TERMINATION-

      (1) IN GENERAL- The Secretary may suspend or terminate the effectivenesss of any waiver granted under this Act with respect to a covered program if the Secretary determines that--

        (A) the applicant has failed to carry out the covered program in accordance with any applicable provision of law or regulation; or

        (B) the objectives and performance criteria included in the application pursuant to section 2(4) have not been met.

      (2) TIMING- In suspending or terminating waiver under paragraph (1), the Secretary shall allow a reasonable period of time for appropriate Federal, State, and local agencies to resume administration of the covered program in accordance with otherwise applicable law.

SEC. 5. DEFINITIONS.

    As used in this Act:

      (1) COVERED PROGRAM- The term ‘covered program’ means, with respect to an application for a waiver, the welfare program to which the application requests the waiver to apply.

      (2) SECRETARY- The term ‘Secretary’ means, with respect to a covered program, the Secretary of Health and Human Services and the head of the Federal agency responsible for the administration of the covered program.

      (3) STATE-

        (A) IN GENERAL- The term ‘State’ means the 50 States, the District of Columbia, Puerto Rico, American Samoa, Guam, and the Virgin Islands.

        (B) INDIAN TRIBES- In the case of a welfare program under which assistance is provided with respect to an Indian tribe, the Indian tribal organization is deemed to be a State.

      (4) WELFARE PROGRAM- The term ‘welfare program’ means any Federal or federally assisted program eligibility for which is based, in whole or in part, on financial need.

SEC. 6. REPORTS.

    (a) IN GENERAL- The Comptroller General of the United States shall submit to the Congress 2 reports that--

      (1) describe the extent to which welfare programs have been operated in accordance with waivers granted under this Act;

      (2) evaluate the effectiveness of the welfare programs as so operated; and

      (3) include recommendations with respect to whether to continue activities under this Act.

    (b) TIMING- The Comptroller General shall submit a report under subsection (a) not later than 3 years after the date of the enactment of this Act, and another such report not later than 6 years after such date of enactment.

SEC. 7. SUNSET.

    Any authority provided under this Act shall expire 7 years after the date of the enactment of this Act.