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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3823 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 3823

 To provide for the establishment of a uniform standard of need under 
        the program of aid to families with dependent children.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            February 9, 1994

 Mr. Barca of Wisconsin (for himself, Mr. Barcia of Michigan, and Mr. 
Barrett of Wisconsin) introduced the following bill; which was referred 
                   to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
 To provide for the establishment of a uniform standard of need under 
        the program of aid to families with dependent children.

    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 Fairness Act''.

SEC. 2. FINDINGS.

    The Congress find that--
            (1) the Wisconsin State Legislature has passed legislation 
        calling upon the Congress of the United States to provide for 
        Federal establishment of benefit levels for aid to families 
        with dependent children (AFDC);
            (2) the current variation in benefit levels from State to 
        State has discouraged families receiving AFDC from remaining in 
        their home communities, although it is generally in the best 
        interest of all citizens to live close to their families, 
        friends, and support networks, and where job opportunities 
        exist, and decisions on where to live should not be complicated 
        by the level of AFDC benefits;
            (3) under the current system, taxpayers in States are 
        paying differing amounts, with some States providing 
        comparatively more in AFDC benefits while others are paying 
        well beneath the level of poverty; and
            (4) because poverty does not know State boundaries, and 
        because of the current disparities in the system for both 
        taxpayers and AFDC recipients, uniform AFDC benefits should be 
        determined federally.

SEC. 3. ESTABLISHMENT OF COMMISSION.

    There is established a commission to be known as the ``Commission 
on Welfare Fairness'' (in this Act referred to as the ``Commission'').

SEC. 4. DUTIES OF COMMISSION.

    Within 1 year after the first date there are 8 members of the 
Commission, the Commission shall, in consultation with State officials 
responsible for the administration of State programs of aid to families 
with dependent children--
            (1) establish a uniform standard of need for recipients of 
        aid to families with dependent children under a State plan 
        approved under part A of title IV of the Social Security Act;
            (2) devise a formula for adjusting the uniform standard of 
        need, on an annual basis, for differences among the States in 
        the cost of living for low income persons; and
            (3) devise a method of adjusting the uniform standard of 
        need to offset any other documented incentive for interstate 
        migration by persons seeking a higher level of benefits under 
        the program of aid to families with dependent children.

SEC. 5. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 15 
members appointed by the President, in consultation with the Secretary 
of Health and Human Services and with State officials responsible for 
the administration of State programs of aid to families with dependent 
children, and by and with the advice and consent of the Senate, not 
later than June 1, 1995.
    (b) Qualifications.--
            (1) Individual qualifications.--Each member of the 
        Commission shall--
                    (A) have experience in the delivery of social 
                services; or
                    (B) represent advocacy groups that work for the 
                interests of lower income individuals.
            (2) Group qualification.--The members of the Commission, as 
        a whole, shall represent the various regions of the United 
        States.
    (c) Staggered Terms of Office.--
            (1) In general.--Each Commission member shall be appointed 
        for a term of 6 years, except as provided in paragraphs (2) and 
        (3).
            (2) Terms of initial appointees.--As designated by the 
        President at the time of appointment, of the members first 
        appointed--
                    (A) 5 shall be appointed for terms of 2 years; and
                    (B) 5 shall be appointed for terms of 4 years.
            (3) Vacancies.--Any member appointed to fill a vacancy 
        occurring before the expiration of the term for which the 
        member's predecessor was appointed shall be appointed only for 
        the remainder of that term.
    (d) Compensation.--The members of the Commission shall not receive 
compensation by reason of their service on the Commission, except 
travel expenses, including per diem in lieu of subsistence, in 
accordance with sections 5702 and 5703 of title 5, United States Code.
    (e) Quorum.--8 members of the Commission shall constitute a quorum 
but a lesser number may hold hearings.
    (f) Chairperson; Vice Chairperson.--The Chairperson and Vice 
Chairperson of the Commission shall be elected by the members.
    (g) Meetings.--The Commission shall meet at the call of the 
Chairperson or a majority of the members of the Commission.

SEC. 6. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.

    (a) Director.--The Chairperson of the Commission may, with the 
approval of the Commission, and without regard to section 5311(b) of 
title 5, United States Code, appoint and fix the pay of a director and 
such additional personnel as may be necessary to enable the Commission 
to perform its duties, except that an individual so appointed may not 
receive pay in excess of the annual rate of basic pay payable for level 
V of the Executive Schedule.
    (b) Staff.--The Chairperson of the Commission may, without regard 
to section 5311(b) of title 5, United States Code, appoint and fix the 
pay of such additional personnel as may be necessary to enable the 
Commission to perform its duties, except that an individual so 
appointed may not receive pay in excess of the annual rate of basic pay 
payable for level V of the Executive Schedule.
    (c) Experts and Consultants.--The Chairperson may procure temporary 
and intermittent services under section 3109(b) of title 5, United 
States Code, but at rates for individuals not to exceed the daily 
equivalent of the annual rate of basic pay payable for level V of the 
Executive Schedule.
    (d) Staff of Federal Agencies.--Upon request of the Chairperson, 
the head of any Federal department or agency may detail to the 
Commission, without reimbursement, any personnel of the department or 
agency to assist the Commission in carrying out the duties of the 
Commission.

SEC. 7. POWERS OF COMMISSION.

    (a) Hearings and Sessions.--
            (1) In general.--Subject to paragraph (2), the Commission 
        may, for the purpose of carrying out this Act, hold hearings, 
        sit and act at times and places, take testimony, and receive 
        evidence as the Commission considers appropriate.
            (2) Broad public participation.--The Commission shall 
        conduct hearings in various areas of the United States, 
        including inner cities, suburbs, and rural areas, to gather a 
        broad spectrum of information on the issues to be addressed by 
        the Commission. All interested persons shall be afforded an 
        opportunity to testify at such hearings.
    (b) Powers of Members and Agents.--Any member or agent of the 
Commission may, if authorized by the Commission, take any action which 
the Commission is authorized to take by this section.
    (c) Obtaining Official Data.--The Commission may secure directly 
from any department or agency of the United States such information as 
the Commission considers necessary to carry out this Act. Upon request 
of the Chairperson, the head of that department or agency shall furnish 
such information to the Commission, to the extent not otherwise 
prohibited by law.
    (d) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as other departments and 
agencies of the United States.

SEC. 8. ANNUAL REPORTS.

    (a) First Report.--Upon the establishment of a uniform standard of 
need and a formula and method for adjusting the uniform standard of 
need under section 4, the Commission shall submit to the President, the 
Secretary of Health and Human Services, the Committee on Ways and Means 
of the House of Representatives, and the Committee on Finance of the 
Senate a report on the uniform standard of need, and the formula and 
method for adjusting the uniform standard of need.
    (b) Subsequent Reports.--On each anniversary of the date the report 
required by subsection (a) is submitted, the Commission shall submit to 
the President, the Secretary of Health and Human Services, the 
Committee on Ways and Means of the House of Representatives, and the 
Committee on Finance of the Senate a report that reviews the success of 
the establishment of a uniform standard of need in curbing interstate 
migration for the purposes of seeking greater payments of aid to 
families with dependent children under State plans approved under part 
A of title IV of the Social Security Act.

SEC. 9. TERMINATION.

    (a) In General.--The Commission shall terminate 6 years after the 
first date there are 8 members of the Commission.
    (b) Inapplicability of Termination Provision of the Federal 
Advisory Committee Act.--Section 14(a)(2)(B) of the Federal Advisory 
Committee Act shall not apply to the Commission.

SEC. 10. CONFORMING AMENDMENTS.

    (a) In General.--Section 402(a) of the Social Security Act (42 
U.S.C. 602(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (44);
            (2) by striking the period at the end of paragraph (45) and 
        inserting a semicolon; and
            (3) by inserting after paragraph (45) the following:
            ``(46) provide that the State's standard of need for a 
        family shall be--
                    ``(A) during the life of the Commission on Welfare 
                Fairness, the uniform standard of need determined for a 
                family of the same size by the Commission on Welfare 
                Fairness under section 4 of the Welfare Fairness Act, 
                adjusted by the Commission (as appropriate) in 
                accordance with the formula and method established 
                under such section; and
                    ``(B) after the termination of the Commission, the 
                uniform standard of need referred to in subparagraph 
                (A) of this paragraph, adjusted by the Secretary (as 
                appropriate) in accordance with the formula and method 
                established under such section; and
            ``(47) provide that, in determining the amount of aid 
        payable to a family under the State plan, the State may not 
        apply any rule not expressly provided in Federal law.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to payments under part A of title IV of the Social Security Act 
for calendar quarters ending after the date the Commission establishes 
a uniform standard of need, and a formula and method for adjusting the 
uniform standard of need, under section 3 of this Act.

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