II

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Welfare-to-Work

5 Amendments of 1999’’.

6 SEC. 2. APPROPRIATIONS FOR FISCAL YEAR 2000.

7 (a) IN GENERAL.—Section 403(a)(5)(I)(i) of the So8 cial Security Act (42 U.S.C. 603(a)(5)(I)(i)) is amended
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1 by inserting ‘‘, and $1,000,000,000 for fiscal year 2000,’’

2 after ‘‘1999’’.

3 (b) COMPETITIVE GRANTS.—Section 403(a)(5)(B)(i)

4 of such Act (42 U.S.C. 603(a)(5)(B)(i)) is amended by

5 striking ‘‘and 1999’’ and inserting ‘‘, 1999, and 2000’’.

6 SEC. 3. ELIGIBILITY FOR SERVICES.

7 (a) HARD-TO-EMPLOY LONG-TERM RECIPIENTS.—

8 Section 403(a)(5)(C)(ii) of the Social Security Act (42

9 U.S.C. 603(a)(5)(C)(ii)) is amended—

10 (1) by striking ‘‘REQUIRED BENEFICIARIES.—’’

11 and inserting ‘‘HARD-TO-EMPLOY RECIPIENTS.—’’;

12 (2) in the matter preceding subclause (I)—

13 (A) by striking ‘‘shall expend at least 70

14 percent of all’’ and inserting ‘‘may expend’’;

15 and

16 (B) by striking ‘‘, or for the benefit of non17 custodial parents,’’;

18 (3) in the matter preceding item (aa) of sub19 clause (I)—

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

21 ‘‘Any’’;

22 (B) by striking ‘‘apply’’ and inserting ‘‘ap23 plies’’; and

24 (C) by striking ‘‘or the noncustodial par25 ent’’;
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1 (4) in item (aa) of subclause (I), by striking ‘‘,

2 and has low skills in reading or mathematics’’;

3 (5) by adding at the end of subclause (I) the

4 following:

5 ‘‘(dd) The individual has

6 English reading, writing, or com7 puting skills at or below the 8th

8 grade level.

9 ‘‘(ee) The individual is

10 homeless.

11 ‘‘(ff) The individual has a

12 disability.

13 ‘‘(gg) The individual has

14 been a victim of domestic vio15 lence.’’; and

16 (6) in the matter preceding item (aa) of sub17 clause (II), by striking ‘‘or the minor children of the

18 non-custodial parent’’.

19 (b) NONCUSTODIAL PARENTS.—Section

20 403(a)(5)(C) of such Act (42 U.S.C. 603(a)(5)(C)) is

21 amended—

22 (1) by redesignating clauses (iii) through (viii)

23 as clauses (iv) through (ix), respectively; and

24 (2) by inserting after clause (ii) the following:
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1 ‘‘(iii) NONCUSTODIAL PARENTS.—An

2 entity that operates a project with funds

3 provided under this paragraph may use the

4 funds to provide services in a form de5 scribed in clause (i) to noncustodial par6 ents with respect to whom the require7 ments of the following subclauses are met:

8 ‘‘(I) The noncustodial parent is

9 unemployed, underemployed, or hav10 ing difficulty in paying child support

11 obligations.

12 ‘‘(II) At least 1 of the following

13 applies to a minor child of the non14 custodial parent (with preference in

15 the determination of the noncustodial

16 parents to be provided services under

17 this paragraph to be provided by the

18 entity to those noncustodial parents

19 with minor children who meet, or who

20 have custodial parents who meet, the

21 requirements of item (aa)):

22 ‘‘(aa) The minor child or the

23 custodial parent of the minor

24 child meets the requirements of

25 clause (ii)(II).
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1 ‘‘(bb) The minor child is eli2 gible for, or is receiving, benefits

3 under the program funded under

4 this part.

5 ‘‘(cc) The minor child re6 ceived benefits under the pro7 gram funded under this part in

8 the 12-month period preceding

9 the date of the determination but

10 no longer receives such benefits.

11 ‘‘(dd) The minor child is eli12 gible for, or is receiving, assist13 ance under the Food Stamp Act

14 of 1977, benefits under the sup15 plemental security income pro16 gram under title XVI of this Act,

17 medical assistance under title

18 XIX of this Act, or child health

19 assistance under title XXI of this

20 Act.

21 ‘‘(III) The noncustodial parent is

22 in compliance with the terms of a per23 sonal responsibility contract entered

24 into among the noncustodial parent,

25 the entity, and the agency responsible
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1 for administering the State plan

2 under part D, which was developed

3 taking into account the employment

4 and child support status of the non5 custodial parent, which was entered

6 into not later than 30 (or, at the op7 tion of the entity, not later than 90)

8 days after the noncustodial parent

9 was enrolled in the project and which,

10 at a minimum, includes the following:

11 ‘‘(aa) A commitment by the

12 noncustodial parent to cooperate,

13 at the earliest opportunity, in the

14 establishment of the paternity of

15 the minor child, through vol16 untary acknowledgement or other

17 procedures, and in the establish18 ment of a child support order.

19 ‘‘(bb) A commitment by the

20 noncustodial parent to cooperate

21 in the payment of child support

22 for the minor child, which may

23 include a modification of an ex24 isting support order to take into

25 account the ability of the non-
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1 custodial parent to pay such sup2 port and the participation of such

3 parent in the project.

4 ‘‘(cc) A commitment by the

5 noncustodial parent to participate

6 in employment that will enable

7 the noncustodial parent to make

8 regular child support payments,

9 which may include temporary em10 ployment in community service or

11 work experience provided under

12 this paragraph to assist in prepa13 ration for unsubsidized employ14 ment, and for such parents who

15 have not attained 20 years of

16 age, may include completion of

17 high school, a general equivalency

18 degree, or other education di19 rectly related to employment.

20 ‘‘(dd) A description of the

21 services to be provided under this

22 paragraph, and a commitment by

23 the noncustodial parent to par24 ticipate in such services, that are

25 designated to assist the noncusto-
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1 dial parent obtain and retain em2 ployment, increase earnings, and

3 enhance the financial and emo4 tional contributions to the well5 being of the minor child.

6 In order to protect custodial parents

7 and children who may be at risk of

8 domestic violence, the preceding provi9 sions of this subclause shall not be

10 construed to affect any other provi11 sion of law requiring a custodial par12 ent to cooperate in establishing the

13 paternity of a child or establishing or

14 enforcing a support order with respect

15 to a child, or entitling a custodial par16 ent to refuse, for good cause, to pro17 vide such cooperation as a condition

18 of assistance or benefit under any

19 program, shall not be construed to re20 quire such cooperation by the custo21 dial parent as a condition of participa22 tion of either parent in the program

23 authorized under this paragraph, and

24 shall not be construed to require a

25 custodial parent to cooperate with or
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1 participate in any activity under this

2 clause. The entity operating a project

3 under this clause with funds provided

4 under this paragraph shall consult

5 with domestic violence prevention and

6 intervention organizations in the de7 velopment of the project.’’.

8 (c) RECIPIENTS WITH CHARACTERISTICS OF LONG9 TERM DEPENDENCY; CHILDREN AGING OUT OF FOSTER

10 CARE.—

11 (1) IN GENERAL.—Subclause (II) of section

12 403(a)(5)(C)(iv) of such Act (42 U.S.C.

13 603(a)(5)(C)(iv)(II)), as so redesignated by sub14 section (b)(1) of this section, is amended to read as

15 follows:

16 ‘‘(II) to children—

17 ‘‘(aa) who have attained 18

18 years of age but not 25 years of

19 age; and

20 ‘‘(bb) who, on the day before

21 attaining 18 years of age were

22 recipients of foster care mainte23 nance payments (as defined in

24 section 475(4)) under part E or
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1 were in foster care under the re2 sponsibility of a State.’’.

3 (2) CONFORMING AMENDMENTS.—Section

4 403(a)(5)(C)(iv) of such Act (42 U.S.C.

5 603(a)(5)(C)(iv)), as so redesignated by subsection

6 (b)(1) of this section, is amended—

7 (A) in the heading by inserting ‘‘HARD TO

8 EMPLOY’’ before ‘‘INDIVIDUALS’’; and

9 (B) in the last sentence by striking ‘‘clause

10 (ii)’’ and inserting ‘‘clauses (ii) and (iii)’’.

11 SEC. 4. EXPENDITURE REQUIREMENT FOR SERVICES TO

12 NONCUSTODIAL PARENTS.

13 (a) 20 PERCENT MINIMUM.—Section 403(a)(5)(A) of

14 the Social Security Act (42 U.S.C. 603(a)(5)(A)) is

15 amended by adding at the end the following:

16 ‘‘(x) EXPENDITURES FOR NONCUSTO17 DIAL PARENTS IN FISCAL YEAR 2000.—

18 ‘‘(I) 20 PERCENT MINIMUM.—

19 Subject to subclause (II) of this

20 clause, a State shall expend not less

21 than 20 percent of the funds allotted

22 to the State under this subparagraph

23 in fiscal year 2000 (including the

24 funds allocated to service delivery

25 areas pursuant to clause (vi)(I) of this
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1 subparagraph) to provide services to

2 noncustodial parents meeting the re3 quirements of subparagraph (C)(iii).

4 ‘‘(II) WAIVER OF REQUIRE5 MENT.—The Governor of a State may

6 submit to the Secretary of Labor a re7 quest to waive the requirements of

8 subclause (I), which may include a re9 quest to reduce or eliminate the min10 imum percentage of expenditures re11 quired under such subclause. If the

12 Secretary of Labor determines there

13 is sufficient justification for the re14 quest, the Secretary of Labor may

15 grant the waiver.’’.

16 (b) STATE PLAN ELEMENT.—Section

17 403(a)(5)(A)(ii)(I) of such Act (42 U.S.C.

18 603(a)(5)(ii)(I)) is amended—

19 (1) in item (dd), by striking ‘‘and’’ after the

20 semicolon;

21 (2) in item (ee), by striking the period and in22 serting a semicolon; and

23 (3) by adding at the end the following:

24 ‘‘(ff) contains assurances

25 that the State will meet the ex-
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1 penditure requirements for serv2 ices to noncustodial parents

3 under clause (x) with respect to

4 the funds allotted under this sub5 paragraph in fiscal year 2000,

6 and describes how the State will

7 meet such requirements and co8 ordinate projects carried out with

9 funds allocated to the service de10 livery areas in the State under

11 clause (vi)(I) and projects carried

12 out with funds reserved by the

13 Governor under clause (vi)(III)

14 to ensure the required expendi15 ture level will be met; and’’.

16 SEC. 5. ADDITIONAL STATE PLAN ELEMENTS.

17 (a) INTEGRATION WITH WIA STATE PLAN.—Section

18 403(a)(5)(A)(ii)(I) of the Social Security Act (42 U.S.C.

19 603(a)(5)(A)(ii)(I)) is amended in the matter preceding

20 item (aa) by inserting ‘‘and, for fiscal year 2000, in addi21 tion to the addendum as part of the strategic State plan

22 submitted under section 112 of the Workforce Investment

23 Act of 1998’’ after ‘‘section 402’’.

24 (b) COORDINATION WITH CHILD SUPPORT EN25 FORCEMENT AGENCIES.—Section 403(a)(5)(A)(ii)(I) of
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1 such Act (42 U.S.C. 603(a)(5)(A)(ii)(I)), as amended by

2 section 4(b) of this Act, is further amended by adding at

3 the end the following:

4 ‘‘(gg) contains assurances

5 that the State agencies admin6 istering the programs under this

7 part and part D have been con8 sulted in the development of the

9 plan under this subclause, and a

10 certification by the head of the

11 State agency administering the

12 program under part D that the

13 agency will participate in the

14 planning and coordination of

15 services to noncustodial parents

16 described in subparagraph

17 (C)(iii), including the use of the

18 procedures of the agency to de19 termine appropriate levels of

20 child support for such noncusto21 dial parents and to take appro22 priate actions, such as a review

23 and adjustment or suspension of

24 child support orders, if the non25 custodial parent participating in
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1 activities under this paragraph

2 does not have the ability to pay

3 the required amounts.’’.

4 SEC. 6. TRANSFER OF UNALLOTTED FORMULA FUNDS TO

5 COMPETITIVE GRANTS.

6 (a) TRANSFER OF FUNDS.—Section 403(a)(5)(A)(ix)

7 of the Social Security Act (42 U.S.C. 603(a)(5)(A)(ix))

8 is amended to read as follows:

9 ‘‘(ix) TRANSFER OF UNALLOTTED

10 FORMULA FUNDS.—If at the end of fiscal

11 year 1999 or 2000 funds available under

12 this subparagraph remain unallotted, the

13 Secretary shall use such funds in fiscal

14 year 2000 or 2001 to award competitive

15 grants in accordance with subparagraph

16 (B)(vi).’’.

17 (b) USE OF TRANSFERRED FORMULA FUNDS.—Sec18 tion 403(a)(5)(B) of such Act (42 U.S.C. 603(a)(5)(B))

19 is amended by adding at the end the following:

20 ‘‘(vi) USE OF TRANSFERRED FOR21 MULA FUNDS.—The Secretary shall use

22 any funds available from fiscal year 1999

23 or 2000 pursuant to subparagraph (A)(ix)

24 to award competitive grants in fiscal year

25 2000 or 2001 in accordance with the re-
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1 quirements of clauses (i) through (iv) of

2 this subparagraph, except that in awarding

3 such grants the Secretary shall give a pref4 erence to applicants, including Indian

5 tribes, located in States that were not al6 lotted funds under subparagraph (A) in

7 the fiscal year from which the transfer

8 under subparagraph (A)(ix) is made.’’.

9 SEC. 7. ELIGIBLE SERVICE PROVIDERS.

10 Section 403(a)(5)(C) of the Social Security Act (42

11 U.S.C. 603(a)(5)(C)), as amended by section 3(b)(1) of

12 this Act, is amended by adding at the end the following:

13 ‘‘(x) ELIGIBLE SERVICE PRO14 VIDERS.—The States and private industry

15 councils (or, if applicable, workforce invest16 ment boards) or alternate administering

17 entities allocated formula funds under sub18 paragraph (A), and the entities awarded

19 competitive grants under subparagraph

20 (B), may enter into agreements and con21 tracts with, and award subgrants to, other

22 public and private entities, such as child

23 support enforcement agencies and commu24 nity-based organizations, for the provision
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1 of services through projects funded under

2 this paragraph.’’.

3 SEC. 8. PERFORMANCE BONUSES.

4 Section 403(a)(5)(E) of the Social Security Act (42

5 U.S.C. 603(a)(5)(E)) is amended—

6 (1) in clause (i), by striking ‘‘year 2000’’ and

7 inserting ‘‘years 2000 and 2001’’;

8 (2) in clause (iv)(I)(aa), by inserting ‘‘for pur9 poses of the bonus grants awarded in fiscal year

10 2000, and to each State that is a welfare-to-work

11 State for fiscal year 2000 for purposes of the bonus

12 grants awarded in fiscal year 2001’’ before the semi13 colon;

14 (3) in clause (iv)(I)(bb), by inserting ‘‘in fiscal

15 year 2000, and an amount equal to 7 percent of the

16 amount specified in subparagraph (I) for fiscal year

17 2000 in fiscal year 2001’’ before the period; and

18 (4) in clause (vi), by inserting ‘‘in fiscal year

19 2000. 7 percent of the amount specified in subpara20 graph (I) for fiscal year 2000 shall be reserved for

21 grants under this subparagraph in fiscal year 2001’’

22 before the period.

23 SEC. 9. GRANTS TO INDIAN TRIBES.

24 (a) INCREASE IN RESERVE.—Section 403(a)(5)(F) of

25 the Social Security Act (42 U.S.C. 603(a)(5)(F)) is
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1 amended by adding at the end the following: ‘‘3 percent

2 of the amount specified in subparagraph (I) for fiscal year

3 2000 shall be reserved for such grants to Indian tribes.’’.

4 (b) ELIGIBILITY FOR COMPETITIVE GRANTS.—Sec5 tion 403(a)(5)(B)(ii) of such Act (42 U.S.C.

6 603(a)(5)(B)(ii)) is amended by inserting ‘‘, or an Indian

7 tribe that submits a proposal’’ before the period.

8 (c) REPEAL OF RECAPTURE REQUIREMENTS.—

9 (1) FORMULA GRANTS.—Section

10 403(a)(5)(A)(iv)(I) of such Act (42 U.S.C.

11 603(a)(5)(A)(iv)(I)) is amended to read as follows:

12 ‘‘(I) 75 percent of the sum of the

13 amount specified in subparagraph (I)

14 for the fiscal year, minus the total of

15 the amounts reserved pursuant to

16 subparagraphs (E), (F), (G), and (H)

17 for the fiscal year; and’’.

18 (2) COMPETITIVE GRANTS.—Section

19 403(a)(5)(B)(v)(I) of such Act (42 U.S.C.

20 603(a)(5)(B)(v)(I)) is amended to read as follows:

21 ‘‘(I) 25 percent of the sum of the

22 amount specified in subparagraph (I)

23 for the fiscal year, minus the total of

24 the amounts reserved pursuant to
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1 subparagraphs (E), (F), (G), and (H)

2 for the fiscal year; and’’.

3 (3) PRESERVATION OF AVAILABILITY OF

4 FUNDS.—Section 403(a)(5)(F) of such Act (42

5 U.S.C. 603(a)(5)(F)), as amended by subsection (a)

6 of this section, is amended by adding at the end the

7 following: ‘‘Amounts so reserved shall remain avail8 able for obligation for 2 years.’’.

9 SEC. 10. FUNDING FOR EVALUATIONS.

10 (a) WELFARE-TO-WORK EVALUATION.—Section

11 403(a)(5)(G) of the Social Security Act (42 U.S.C.

12 603(a)(5)(G)) is amended by striking ‘‘amount so speci13 fied for fiscal year 1999’’ and inserting ‘‘amounts so speci14 fied for each of fiscal years 1999 and 2000’’.

15 (b) ABSTINENCE EDUCATION EVALUATION.—Section

16 403(a)(5)(H)(i) of such Act (42 U.S.C. 603(a)(5)(H)(i))

17 is amended by inserting ‘‘, and 0.1 percent of the amount

18 so specified for fiscal year 2000,’’ after ‘‘1999’’.

19 SEC. 11. TECHNICAL ASSISTANCE.

20 (a) ESTABLISHMENT OF RESERVE.—Section

21 403(a)(5) of the Social Security Act (42 U.S.C. 603(a)(5))

22 is amended by adding at the end the following:

23 ‘‘(K) FUNDING FOR TECHNICAL AS24 SISTANCE.—1 percent of the amount speci25 fied in subparagraph (I) for fiscal year
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1 2000 shall be reserved by the Secretary of

2 Labor for technical assistance to States,

3 localities, Indian tribes, and other entities

4 carrying out projects under this paragraph.

5 Such technical assistance shall include the

6 dissemination of information regarding in7 novative and promising practices and ap8 proaches relating to welfare-to-work activi9 ties, including strategies for effectively

10 serving noncustodial parents. The Sec11 retary of Labor, in consultation with the

12 Secretary of Health and Human Services,

13 shall develop a technical assistance strat14 egy for carrying out this subparagraph

15 that ensures coordination and promotes

16 partnerships among States and local agen17 cies carrying out activities under this para18 graph and under this part, child support

19 agencies, and community-based organiza20 tions serving noncustodial parents.’’.

21 (b) CONFORMING AMENDMENTS.—

22 (1) FORMULA GRANTS.—Section

23 403(a)(5)(A)(iv)(I) of such Act (42 U.S.C.

24 603(a)(5)(A)(iv)(I)), as amended by section 9(c)(1)
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1 of this Act, is amended by striking ‘‘and (H)’’ and

2 inserting ‘‘(H), and (K)’’.

3 (2) COMPETITIVE GRANTS.—Section

4 403(a)(5)(B)(v)(I) of such Act (42 U.S.C.

5 603(a)(5)(B)(v)(I)), as amended by section 9(c)(2)

6 of this Act, is amended by striking ‘‘and (H)’’ and

7 inserting ‘‘(H), and (K)’’.

8 SEC. 12. SIMPLIFICATION AND COORDINATION OF REPORT9 ING REQUIREMENTS.

10 (a) ELIMINATION OF CURRENT REQUIREMENTS.—

11 Section 411(a)(1)(A) of the Social Security Act (42 U.S.C.

12 611(a)(1)(A)) is amended—

13 (1) in the matter preceding clause (i), by insert14 ing ‘‘(except for information relating to activities

15 carried out under section 403(a)(5))’’ after ‘‘part’’;

16 and

17 (2) by striking clause (xviii).

18 (b) ESTABLISHMENT OF REPORTING REQUIRE19 MENT.—Section 403(a)(5)(C) of the Social Security Act

20 (42 U.S.C. 603(a)(5)(C)), as amended by sections 3(b)(1)

21 and 7 of this Act, is amended by adding at the end the

22 following:

23 ‘‘(xi) REPORTING REQUIREMENTS.—

24 The Secretary of Labor shall establish re25 quirements for the collection and mainte-
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1 nance of financial and participant informa2 tion and the reporting of such information

3 by entities carrying out activities under

4 this paragraph.’’.

5 SEC. 13. REPORT TO CONGRESS.

6 Section 413(j)(2)(C) of the Social Security Act (42

7 U.S.C. 613(j)(2)(C)) is amended—

8 (1) by striking ‘‘FINAL REPORT.—’’ and insert9 ing ‘‘SUBSEQUENT REPORTS.—’’;

10 (2) by striking ‘‘(or’’ and inserting ‘‘and Janu11 ary 1, 2002, respectively, (or, in either case,’’; and

12 (3) by striking ‘‘a final report’’ and inserting

13 ‘‘reports’’.

14 SEC. 14. JOB SKILLS TRAINING, VOCATIONAL EDU15 CATIONAL TRAINING, AND BASIC EDUCATION

16 INCLUDED AS ALLOWABLE ACTIVITIES.

17 Section 403(a)(5)(C)(i) of the Social Security Act (42

18 U.S.C. 603(a)(5)(C)(i)) is amended by inserting after sub19 clause (VI) the following:

20 ‘‘(VII) Job skills training, voca21 tional educational training, and (in

22 the case of recipients who have not

23 completed secondary school or re24 ceived a certificate of general equiva25 lency) basic education.’’.
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1 SEC. 15. EFFECTIVE DATES.

2 (a) IN GENERAL.—Except as provided in subsection

3 (b), the amendments made by this Act shall take effect

4 on October 1, 1999.

5 (b) TRANSFER OF FORMULA FUNDS.—The amend6 ments made by section 6 shall apply with respect to funds

7 appropriated to carry out section 403(a)(5) of the Social

8 Security Act (42 U.S.C. 603(a)(5)) for fiscal years 1999

9 and 2000.

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