H.R. 3172 (106th): Welfare-to-Work Amendments of 1999

106th Congress, 1999–2000. Text as of Oct 28, 1999 (Introduced).

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HR 3172 IH

106th CONGRESS

1st Session

H. R. 3172

To amend the welfare-to-work program and modify the welfare-to-work performance bonus.

IN THE HOUSE OF REPRESENTATIVES

October 28, 1999

Mr. GOODLING (for himself, Mr. MCKEON, and Mr. ANDREWS) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned


A BILL

To amend the welfare-to-work program and modify the welfare-to-work performance bonus.

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

SECTION 1. FLEXIBILITY IN ELIGIBILITY FOR PARTICIPATION IN WELFARE-TO-WORK PROGRAM.

    (a) HARD-TO-EMPLOY LONG-TERM RECIPIENTS- Section 403(a)(5)(C)(ii) of the Social Security Act (42 U.S.C. 603(a)(5)(C)(ii)) is amended--

      (1) by striking ‘REQUIRED BENEFICIARIES- ’ and inserting ‘HARD-TO-EMPLOY RECIPIENTS- ’;

      (2) in the matter preceding subclause (I)--

        (A) by striking ‘shall expend at least 70 percent of all’ and inserting ‘may expend’; and

        (B) by striking ‘, or for the benefit of noncustodial parents,’;

      (3) in the matter preceding item (aa) of subclause (I)--

        (A) by striking ‘At least 2’ and inserting ‘Any’;

        (B) by striking ‘apply’ and inserting ‘applies’; and

        (C) by striking ‘or the noncustodial parent’;

      (4) in item (aa) of subclause (I), by striking ‘, and has low skills in reading or mathematics’;

      (5) by adding at the end of subclause (I) the following:

‘(dd) The individual has English reading, writing, or computing skills at or below the 8th grade level.

‘(ee) The individual is homeless.

‘(ff) The individual has a disability.

‘(gg) The individual has been a victim of domestic violence.’; and

      (6) in the matter preceding item (aa) of subclause (II), by striking ‘or the minor children of the non-custodial parent’.

    (b) NONCUSTODIAL PARENTS-

      (1) IN GENERAL- Section 403(a)(5)(C) of such Act (42 U.S.C. 603(a)(5)(C)) is amended--

        (A) by redesignating clauses (iii) through (viii) as clauses (iv) through (ix), respectively; and

        (B) by inserting after clause (ii) the following:

          ‘(iii) NONCUSTODIAL PARENTS- An entity that operates a project with funds provided under this paragraph may use the funds to provide services in a form described in clause (i) to noncustodial parents with respect to whom the requirements of the following subclauses are met:

            ‘(I) The noncustodial parent is unemployed, underemployed, or having difficulty in paying child support obligations.

            ‘(II) At least 1 of the following applies to a minor child of the noncustodial parent (with preference in the determination of the noncustodial parents to be provided services under this paragraph to be provided by the entity to those noncustodial parents with minor children who meet, or who have custodial parents who meet, the requirements of item (aa)):

‘(aa) The minor child or the custodial parent of the minor child meets the requirements of clause (ii)(II).

‘(bb) The minor child is eligible for, or is receiving, benefits under the program funded under this part.

‘(cc) The minor child received benefits under the program funded under this part in

the 12-month period preceding the date of the determination but no longer receives such benefits.

‘(dd) The minor child is eligible for, or is receiving, assistance under the Food Stamp Act of 1977, benefits under the supplemental security income program under title XVI of this Act, medical assistance under title XIX of this Act, or child health assistance under title XXI of this Act.

            ‘(III) In the case of a noncustodial parent who becomes enrolled in the project on or after the date of the enactment of this clause, the noncustodial parent is in compliance with the terms of an oral or written personal responsibility contract entered into among the noncustodial parent, the entity, and (unless the entity demonstrates to the Secretary that the entity is not capable of coordinating with such agency) the agency responsible for administering the State plan under part D, which was developed taking into account the employment and child support status of the noncustodial parent, which was entered into not later than 30 (or, at the option of the entity, not later than 90) days after the noncustodial parent was enrolled in the project, and which, at a minimum, includes the following:

‘(aa) A commitment by the noncustodial parent to cooperate, at the earliest opportunity, in the establishment of the paternity of the minor child, through voluntary acknowledgement or other procedures, and in the establishment of a child support order.

‘(bb) A commitment by the noncustodial parent to cooperate in the payment of child support for the minor child, which may include a modification of an existing support order to take into account the ability of the noncustodial parent to pay such support and the participation of such parent in the project.

‘(cc) A commitment by the noncustodial parent to participate in employment or related activities that will enable the noncustodial parent to make regular child support payments, and if the noncustodial parent has not attained 20 years of age, such related activities may include completion of high school, a general equivalency degree, or other education directly related to employment.

‘(dd) A description of the services to be provided under this paragraph, and a commitment by the noncustodial parent to participate in such services, that are designed to assist the noncustodial parent obtain and retain employment, increase earnings, and enhance the financial and emotional contributions to the well-being of the minor child.

            In order to protect custodial parents and children who may be at risk of domestic violence, the preceding provisions of this subclause shall not be construed to affect any other provision of law requiring a custodial parent to cooperate in establishing the paternity of a child or establishing or enforcing a support order with respect to a child, or entitling a custodial parent to refuse, for good cause, to provide such cooperation as a condition of assistance or benefit under any program, shall not be construed to require such cooperation by the custodial parent as a condition of participation of either parent in the program authorized under this paragraph, and shall not be construed to require a custodial parent to cooperate with or participate in any activity under this clause. The entity operating a project under this clause with funds provided

under this paragraph shall consult with domestic violence prevention and intervention organizations in the development of the project.’.

      (2) CONFORMING AMENDMENT- Section 412(a)(3)(C)(ii) of such Act (42 U.S.C. 612(a)(3)(C)(ii)) is amended by striking ‘(vii)’ and inserting ‘(viii)’.

    (c) RECIPIENTS WITH CHARACTERISTICS OF LONG-TERM DEPENDENCY; CHILDREN AGING OUT OF FOSTER CARE-

      (1) IN GENERAL- Subclause (II) of section 403(a)(5)(C)(iv) of such Act (42 U.S.C. 603(a)(5)(C)(iv)(II)), as so redesignated by subsection (b)(1)(A) of this section, is amended to read as follows:

            ‘(II) to children--

‘(aa) who have attained 18 years of age but not 25 years of age; and

‘(bb) who, before attaining 18 years of age, were recipients of foster care maintenance payments (as defined in section 475(4)) under part E or were in foster care under the responsibility of a State.’.

      (2) CONFORMING AMENDMENTS- Section 403(a)(5)(C)(iv) of such Act (42 U.S.C. 603(a)(5)(C)(iv)), as so redesignated by subsection (b)(1)(A) of this section, is amended--

        (A) in the heading by inserting ‘HARD TO EMPLOY’ before ‘INDIVIDUALS’; and

        (B) in the last sentence by striking ‘clause (ii)’ and inserting ‘clauses (ii) and (iii) and, as appropriate, clause (v)’.

SEC. 2. LIMITED VOCATIONAL EDUCATIONAL AND JOB TRAINING INCLUDED AS ALLOWABLE ACTIVITIES.

    Section 403(a)(5)(C)(i) of the Social Security Act (42 U.S.C. 603(a)(5)(C)(i)) is amended by inserting after subclause (VI) the following:

            ‘(VII) Not more than 6 months of vocational educational or job training.’.

SEC. 3. CERTAIN GRANTEES AUTHORIZED TO PROVIDE EMPLOYMENT SERVICES DIRECTLY.

    Section 403(a)(5)(C)(i)(IV) of the Social Security Act (42 U.S.C. 603(a)(5)(C)(i)(IV)) is amended by inserting ‘, or if the entity is not a private industry council or workforce investment board, the direct provision of such services’ before the period.

SEC. 4. SIMPLIFICATION AND COORDINATION OF REPORTING REQUIREMENTS.

    (a) ELIMINATION OF CURRENT REQUIREMENTS- Section 411(a)(1)(A) of the Social Security Act (42 U.S.C. 611(a)(1)(A)) is amended--

      (1) in the matter preceding clause (i), by inserting ‘(except for information relating to activities carried out under section 403(a)(5))’ after ‘part’; and

      (2) by striking clause (xviii).

    (b) ESTABLISHMENT OF REPORTING REQUIREMENT- Section 403(a)(5)(C) of the Social Security Act (42 U.S.C. 603(a)(5)(C)), as amended by subsections (b)(1) and (d)(1) of section 301 of this Act, is amended by adding at the end the following:

          ‘(xi) REPORTING REQUIREMENTS- The Secretary of Labor, in consultation with the Secretary of Health and Human Services, shall establish requirements for the collection and maintenance of financial and participant information and the reporting of such information by entities carrying out activities under this paragraph.’.

SEC. 5. MODIFICATION OF SET-ASIDE OF PORTION OF WELFARE-TO-WORK FUNDS FOR SUCCESSFUL PERFORMANCE BONUS.

    Section 403(a)(5)(E)(vi) of the Social Security Act (42 U.S.C. 603(a)(5)(E)(vi)) is amended by striking ‘$100,000,000’ and inserting ‘$35,000,000’.