[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1317 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1317

   To reauthorize the Welfare-To-Work Program to provide additional 
resources and flexibility to improve the administration of the program.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              July 1, 1999

 Mr. Akaka (for himself, Mr. Moynihan, Mrs. Feinstein, Mr. Wellstone, 
 Mrs. Murray, and Mr. Lautenberg) introduced the following bill; which 
        was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
   To reauthorize the Welfare-To-Work Program to provide additional 
resources and flexibility to improve the administration of the program.

    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 Amendments of 
1999''.

SEC. 2. APPROPRIATIONS FOR FISCAL YEAR 2000.

    (a) In General.--Section 403(a)(5)(I)(i) of the Social Security Act 
(42 U.S.C. 603(a)(5)(I)(i)) is amended by inserting ``, and 
$1,000,000,000 for fiscal year 2000,'' after ``1999''.
    (b) Competitive Grants.--Section 403(a)(5)(B)(i) of such Act (42 
U.S.C. 603(a)(5)(B)(i)) is amended by striking ``and 1999'' and 
inserting ``, 1999, and 2000''.

SEC. 3. ELIGIBILITY FOR SERVICES.

    (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.--Section 403(a)(5)(C) of such Act (42 
U.S.C. 603(a)(5)(C)) is amended--
            (1) by redesignating clauses (iii) through (viii) as 
        clauses (iv) through (ix), respectively; and
            (2) 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) The noncustodial parent is 
                                in compliance with the terms of a 
                                personal responsibility contract 
                                entered into among the noncustodial 
                                parent, the entity, and 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 that 
                                        will enable the noncustodial 
                                        parent to make regular child 
                                        support payments, which may 
                                        include temporary employment in 
                                        community service or work 
                                        experience provided under this 
                                        paragraph to assist in 
                                        preparation for unsubsidized 
                                        employment, and for such 
                                        parents who have not attained 
                                        20 years of age, 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 designated 
                                        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.''.
    (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) 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, on the day 
                                        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) 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)''.

SEC. 4. EXPENDITURE REQUIREMENT FOR SERVICES TO NONCUSTODIAL PARENTS.

    (a) 20 Percent Minimum.--Section 403(a)(5)(A) of the Social 
Security Act (42 U.S.C. 603(a)(5)(A)) is amended by adding at the end 
the following:
                            ``(x) Expenditures for noncustodial parents 
                        in fiscal year 2000.--
                                    ``(I) 20 percent minimum.--Subject 
                                to subclause (II) of this clause, a 
                                State shall expend not less than 20 
                                percent of the funds allotted to the 
                                State under this subparagraph in fiscal 
                                year 2000 (including the funds 
                                allocated to service delivery areas 
                                pursuant to clause (vi)(I) of this 
                                subparagraph) to provide services to 
                                noncustodial parents meeting the 
                                requirements of subparagraph (C)(iii).
                                    ``(II) Waiver of requirement.--The 
                                Governor of a State may submit to the 
                                Secretary of Labor a request to waive 
                                the requirements of subclause (I), 
                                which may include a request to reduce 
                                or eliminate the minimum percentage of 
                                expenditures required under such 
                                subclause. If the Secretary of Labor 
                                determines there is sufficient 
                                justification for the request, the 
                                Secretary of Labor may grant the 
                                waiver.''.
    (b) State Plan Element.--Section 403(a)(5)(A)(ii)(I) of such Act 
(42 U.S.C. 603(a)(5)(ii)(I)) is amended--
            (1) in item (dd), by striking ``and'' after the semicolon;
            (2) in item (ee), by striking the period and inserting a 
        semicolon; and
            (3) by adding at the end the following:
                                            ``(ff) contains assurances 
                                        that the State will meet the 
                                        expenditure requirements for 
                                        services to noncustodial 
                                        parents under clause (x) with 
                                        respect to the funds allotted 
                                        under this subparagraph in 
                                        fiscal year 2000, and describes 
                                        how the State will meet such 
                                        requirements and coordinate 
                                        projects carried out with funds 
                                        allocated to the service 
                                        delivery areas in the State 
                                        under clause (vi)(I) and 
                                        projects carried out with funds 
                                        reserved by the Governor under 
                                        clause (vi)(III) to ensure the 
                                        required expenditure level will 
                                        be met; and''.

SEC. 5. ADDITIONAL STATE PLAN ELEMENTS.

    (a) Integration With WIA State Plan.--Section 403(a)(5)(A)(ii)(I) 
of the Social Security Act (42 U.S.C. 603(a)(5)(A)(ii)(I)) is amended 
in the matter preceding item (aa) by inserting ``and, for fiscal year 
2000, in addition to the addendum as part of the strategic State plan 
submitted under section 112 of the Workforce Investment Act of 1998'' 
after ``section 402''.
    (b) Coordination With Child Support Enforcement Agencies.--Section 
403(a)(5)(A)(ii)(I) of such Act (42 U.S.C. 603(a)(5)(A)(ii)(I)), as 
amended by section 4(b) of this Act, is further amended by adding at 
the end the following:
                                            ``(gg) contains assurances 
                                        that the State agencies 
                                        administering the programs 
                                        under this part and part D have 
                                        been consulted in the 
                                        development of the plan under 
                                        this subclause, and a 
                                        certification by the head of 
                                        the State agency administering 
                                        the program under part D that 
                                        the agency will participate in 
                                        the planning and coordination 
                                        of services to noncustodial 
                                        parents described in 
                                        subparagraph (C)(iii), 
                                        including the use of the 
                                        procedures of the agency to 
                                        determine appropriate levels of 
                                        child support for such 
                                        noncustodial parents and to 
                                        take appropriate actions, such 
                                        as a review and adjustment or 
                                        suspension of child support 
                                        orders, if the noncustodial 
                                        parent participating 
in activities under this paragraph does not have the ability to pay the 
required amounts.''.

SEC. 6. TRANSFER OF UNALLOTTED FORMULA FUNDS TO COMPETITIVE GRANTS.

    (a) Transfer of Funds.--Section 403(a)(5)(A)(ix) of the Social 
Security Act (42 U.S.C. 603(a)(5)(A)(ix)) is amended to read as 
follows:
                            ``(ix) Transfer of unallotted formula 
                        funds.--If at the end of fiscal year 1999 or 
                        2000 funds available under this subparagraph 
                        remain unallotted, the Secretary shall use such 
                        funds in fiscal year 2000 or 2001 to award 
                        competitive grants in accordance with 
                        subparagraph (B)(vi).''.
    (b) Use of Transferred Formula Funds.--Section 403(a)(5)(B) of such 
Act (42 U.S.C. 603(a)(5)(B)) is amended by adding at the end the 
following:
                            ``(vi) Use of transferred formula funds.--
                        The Secretary shall use any funds available 
                        from fiscal year 1999 or 2000 pursuant to 
                        subparagraph (A)(ix) to award competitive 
grants in fiscal year 2000 or 2001 in accordance with the requirements 
of clauses (i) through (iv) of this subparagraph, except that in 
awarding such grants the Secretary shall give a preference to 
applicants, including Indian tribes, located in States that were not 
allotted funds under subparagraph (A) in the fiscal year from which the 
transfer under subparagraph (A)(ix) is made.''.

SEC. 7. ELIGIBLE SERVICE PROVIDERS.

    Section 403(a)(5)(C) of the Social Security Act (42 U.S.C. 
603(a)(5)(C)), as amended by section 3(b)(1) of this Act, is amended by 
adding at the end the following:
                            ``(x) Eligible service providers.--The 
                        States and private industry councils (or, if 
                        applicable, workforce investment boards) or 
                        alternate administering entities allocated 
                        formula funds under subparagraph (A), and the 
                        entities awarded competitive grants under 
                        subparagraph (B), may enter into agreements and 
                        contracts with, and award subgrants to, other 
                        public and private entities, such as child 
                        support enforcement agencies and community-
                        based organizations, for the provision of 
                        services through projects funded under this 
                        paragraph.''.

SEC. 8. PERFORMANCE BONUSES.

    Section 403(a)(5)(E) of the Social Security Act (42 U.S.C. 
603(a)(5)(E)) is amended--
            (1) in clause (i), by striking ``year 2000'' and inserting 
        ``years 2000 and 2001'';
            (2) in clause (iv)(I)(aa), by inserting ``for purposes of 
        the bonus grants awarded in fiscal year 2000, and to each State 
        that is a welfare-to-work State for fiscal year 2000 for 
        purposes of the bonus grants awarded in fiscal year 2001'' 
        before the semicolon;
            (3) in clause (iv)(I)(bb), by inserting ``in fiscal year 
        2000, and an amount equal to 7 percent of the amount specified 
        in subparagraph (I) for fiscal year 2000 in fiscal year 2001'' 
        before the period; and
            (4) in clause (vi), by inserting ``in fiscal year 2000. 7 
        percent of the amount specified in subparagraph (I) for fiscal 
        year 2000 shall be reserved for grants under this subparagraph 
        in fiscal year 2001'' before the period.

SEC. 9. GRANTS TO INDIAN TRIBES.

    (a) Increase in Reserve.--Section 403(a)(5)(F) of the Social 
Security Act (42 U.S.C. 603(a)(5)(F)) is amended by adding at the end 
the following: ``3 percent of the amount specified in subparagraph (I) 
for fiscal year 2000 shall be reserved for such grants to Indian 
tribes.''.
    (b) Eligibility for Competitive Grants.--Section 403(a)(5)(B)(ii) 
of such Act (42 U.S.C. 603(a)(5)(B)(ii)) is amended by inserting ``, or 
an Indian tribe that submits a proposal'' before the period.
    (c) Repeal of Recapture Requirements.--
            (1) Formula grants.--Section 403(a)(5)(A)(iv)(I) of such 
        Act (42 U.S.C. 603(a)(5)(A)(iv)(I)) is amended to read as 
        follows:
                                    ``(I) 75 percent of the sum of the 
                                amount specified in subparagraph (I) 
                                for the fiscal year, minus the total of 
                                the amounts reserved pursuant to 
                                subparagraphs (E), (F), (G), and (H) 
                                for the fiscal year; and''.
            (2) Competitive grants.--Section 403(a)(5)(B)(v)(I) of such 
        Act (42 U.S.C. 603(a)(5)(B)(v)(I)) is amended to read as 
        follows:
                                    ``(I) 25 percent of the sum of the 
                                amount specified in subparagraph (I) 
                                for the fiscal year, minus the total of 
                                the amounts reserved pursuant 
to subparagraphs (E), (F), (G), and (H) for the fiscal year; and''.
            (3) Preservation of availability of funds.--Section 
        403(a)(5)(F) of such Act (42 U.S.C. 603(a)(5)(F)), as amended 
        by subsection (a) of this section, is amended by adding at the 
        end the following: ``Amounts so reserved shall remain available 
        for obligation for 2 years.''.

SEC. 10. FUNDING FOR EVALUATIONS.

    (a) Welfare-to-Work Evaluation.--Section 403(a)(5)(G) of the Social 
Security Act (42 U.S.C. 603(a)(5)(G)) is amended by striking ``amount 
so specified for fiscal year 1999'' and inserting ``amounts so 
specified for each of fiscal years 1999 and 2000''.
    (b) Abstinence Education Evaluation.--Section 403(a)(5)(H)(i) of 
such Act (42 U.S.C. 603(a)(5)(H)(i)) is amended by inserting ``, and 
0.1 percent of the amount so specified for fiscal year 2000,'' after 
``1999''.

SEC. 11. TECHNICAL ASSISTANCE.

    (a) Establishment of Reserve.--Section 403(a)(5) of the Social 
Security Act (42 U.S.C. 603(a)(5)) is amended by adding at the end the 
following:
                            ``(K) Funding for technical assistance.--1 
                        percent of the amount specified in subparagraph 
                        (I) for fiscal year 2000 shall be reserved by 
                        the Secretary of Labor for technical assistance 
                        to States, localities, Indian tribes, and other 
                        entities carrying out projects under this 
                        paragraph. Such technical assistance shall 
                        include the dissemination of information 
                        regarding innovative and promising practices 
                        and approaches relating to welfare-to-work 
                        activities, including strategies for 
                        effectively serving noncustodial parents. The 
                        Secretary of Labor, in consultation with the 
                        Secretary of Health and Human Services, shall 
                        develop a technical assistance strategy for 
                        carrying out this subparagraph that ensures 
                        coordination and promotes partnerships among 
                        States and local agencies carrying out 
                        activities under this paragraph and under this 
                        part, child support agencies, and community-
                        based organizations serving noncustodial 
                        parents.''.
    (b) Conforming Amendments.--
            (1) Formula grants.--Section 403(a)(5)(A)(iv)(I) of such 
        Act (42 U.S.C. 603(a)(5)(A)(iv)(I)), as amended by section 
        9(c)(1) of this Act, is amended by striking ``and (H)'' and 
inserting ``(H), and (K)''.
            (2) Competitive grants.--Section 403(a)(5)(B)(v)(I) of such 
        Act (42 U.S.C. 603(a)(5)(B)(v)(I)), as amended by section 
        9(c)(2) of this Act, is amended by striking ``and (H)'' and 
        inserting ``(H), and (K)''.

SEC. 12. 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 
sections 3(b)(1) and 7 of this Act, is amended by adding at the end the 
following:
                            ``(xi) Reporting requirements.--The 
                        Secretary of Labor 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. 13. REPORT TO CONGRESS.

    Section 413(j)(2)(C) of the Social Security Act (42 U.S.C. 
613(j)(2)(C)) is amended--
            (1) by striking ``Final report.--'' and inserting 
        ``Subsequent reports.--'';
            (2) by striking ``(or'' and inserting ``and January 1, 
        2002, respectively, (or, in either case,''; and
            (3) by striking ``a final report'' and inserting 
        ``reports''.

SEC. 14. JOB SKILLS TRAINING, VOCATIONAL EDUCATIONAL TRAINING, AND 
              BASIC EDUCATION 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) Job skills training, 
                                vocational educational training, and 
                                (in the case of recipients who have not 
                                completed secondary school or received 
                                a certificate of general equivalency) 
                                basic education.''.

SEC. 15. EFFECTIVE DATES.

    (a) In General.--Except as provided in subsection (b), the 
amendments made by this Act shall take effect on October 1, 1999.
    (b) Transfer of Formula Funds.--The amendments made by section 6 
shall apply with respect to funds appropriated to carry out section 
403(a)(5) of the Social Security Act (42 U.S.C. 603(a)(5)) for fiscal 
years 1999 and 2000.
                                 <all>