I

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.

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 Fairness Act’’.

5 SEC. 2. FINDINGS.

6 The Congress find that—

7 (1) the Wisconsin State Legislature has passed

8 legislation calling upon the Congress of the United

9 States to provide for Federal establishment of bene-
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1 fit levels for aid to families with dependent children

2 (AFDC);

3 (2) the current variation in benefit levels from

4 State to State has discouraged families receiving

5 AFDC from remaining in their home communities,

6 although it is generally in the best interest of all

7 citizens to live close to their families, friends, and

8 support networks, and where job opportunities exist,

9 and decisions on where to live should not be com10 plicated by the level of AFDC benefits;

11 (3) under the current system, taxpayers in

12 States are paying differing amounts, with some

13 States providing comparatively more in AFDC bene14 fits while others are paying well beneath the level of

15 poverty; and

16 (4) because poverty does not know State bound17 aries, and because of the current disparities in the

18 system for both taxpayers and AFDC recipients,

19 uniform AFDC benefits should be determined feder20 ally.

21 SEC. 3. ESTABLISHMENT OF COMMISSION.

22 There is established a commission to be known as the

23 ‘‘Commission on Welfare Fairness’’ (in this Act referred

24 to as the ‘‘Commission’’).
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1 SEC. 4. DUTIES OF COMMISSION.

2 Within 1 year after the first date there are 8 mem3 bers of the Commission, the Commission shall, in con4 sultation with State officials responsible for the adminis5 tration of State programs of aid to families with depend6 ent children—

7 (1) establish a uniform standard of need for re8 cipients of aid to families with dependent children

9 under a State plan approved under part A of title

10 IV of the Social Security Act;

11 (2) devise a formula for adjusting the uniform

12 standard of need, on an annual basis, for differences

13 among the States in the cost of living for low income

14 persons; and

15 (3) devise a method of adjusting the uniform

16 standard of need to offset any other documented in17 centive for interstate migration by persons seeking a

18 higher level of benefits under the program of aid to

19 families with dependent children.

20 SEC. 5. MEMBERSHIP.

21 (a) NUMBER AND APPOINTMENT.—The Commission

22 shall be composed of 15 members appointed by the Presi23 dent, in consultation with the Secretary of Health and

24 Human Services and with State officials responsible for

25 the administration of State programs of aid to families
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1 with dependent children, and by and with the advice and

2 consent of the Senate, not later than June 1, 1995.

3 (b) QUALIFICATIONS.—

4 (1) INDIVIDUAL QUALIFICATIONS.—Each mem5 ber of the Commission shall—

6 (A) have experience in the delivery of so7 cial services; or

8 (B) represent advocacy groups that work

9 for the interests of lower income individuals.

10 (2) GROUP QUALIFICATION.—The members of

11 the Commission, as a whole, shall represent the var12 ious regions of the United States.

13 (c) STAGGERED TERMS OF OFFICE.—

14 (1) IN GENERAL.—Each Commission member

15 shall be appointed for a term of 6 years, except as

16 provided in paragraphs (2) and (3).

17 (2) TERMS OF INITIAL APPOINTEES.—As des18 ignated by the President at the time of appointment,

19 of the members first appointed—

20 (A) 5 shall be appointed for terms of 2

21 years; and

22 (B) 5 shall be appointed for terms of 4

23 years.

24 (3) VACANCIES.—Any member appointed to fill

25 a vacancy occurring before the expiration of the
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1 term for which the member’s predecessor was ap2 pointed shall be appointed only for the remainder of

3 that term.

4 (d) COMPENSATION.—The members of the Commis5 sion shall not receive compensation by reason of their serv6 ice on the Commission, except travel expenses, including

7 per diem in lieu of subsistence, in accordance with sections

8 5702 and 5703 of title 5, United States Code.

9 (e) QUORUM.—8 members of the Commission shall

10 constitute a quorum but a lesser number may hold hear11 ings.

12 (f) CHAIRPERSON; VICE CHAIRPERSON.—The Chair13 person and Vice Chairperson of the Commission shall be

14 elected by the members.

15 (g) MEETINGS.—The Commission shall meet at the

16 call of the Chairperson or a majority of the members of

17 the Commission.

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

19 AND CONSULTANTS.

20 (a) DIRECTOR.—The Chairperson of the Commission

21 may, with the approval of the Commission, and without

22 regard to section 5311(b) of title 5, United States Code,

23 appoint and fix the pay of a director and such additional

24 personnel as may be necessary to enable the Commission

25 to perform its duties, except that an individual so ap-
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1 pointed may not receive pay in excess of the annual rate

2 of basic pay payable for level V of the Executive Schedule.

3 (b) STAFF.—The Chairperson of the Commission

4 may, without regard to section 5311(b) of title 5, United

5 States Code, appoint and fix the pay of such additional

6 personnel as may be necessary to enable the Commission

7 to perform its duties, except that an individual so ap8 pointed may not receive pay in excess of the annual rate

9 of basic pay payable for level V of the Executive Schedule.

10 (c) EXPERTS AND CONSULTANTS.—The Chairperson

11 may procure temporary and intermittent services under

12 section 3109(b) of title 5, United States Code, but at rates

13 for individuals not to exceed the daily equivalent of the

14 annual rate of basic pay payable for level V of the Execu15 tive Schedule.

16 (d) STAFF OF FEDERAL AGENCIES.—Upon request

17 of the Chairperson, the head of any Federal department

18 or agency may detail to the Commission, without reim19 bursement, any personnel of the department or agency to

20 assist the Commission in carrying out the duties of the

21 Commission.

22 SEC. 7. POWERS OF COMMISSION.

23 (a) HEARINGS AND SESSIONS.—

24 (1) IN GENERAL.—Subject to paragraph (2),

25 the Commission may, for the purpose of carrying out
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1 this Act, hold hearings, sit and act at times and

2 places, take testimony, and receive evidence as the

3 Commission considers appropriate.

4 (2) BROAD PUBLIC PARTICIPATION.—The Com5 mission shall conduct hearings in various areas of

6 the United States, including inner cities, suburbs,

7 and rural areas, to gather a broad spectrum of infor8 mation on the issues to be addressed by the Com9 mission. All interested persons shall be afforded an

10 opportunity to testify at such hearings.

11 (b) POWERS OF MEMBERS AND AGENTS.—Any mem12 ber or agent of the Commission may, if authorized by the

13 Commission, take any action which the Commission is au14 thorized to take by this section.

15 (c) OBTAINING OFFICIAL DATA.—The Commission

16 may secure directly from any department or agency of the

17 United States such information as the Commission consid18 ers necessary to carry out this Act. Upon request of the

19 Chairperson, the head of that department or agency shall

20 furnish such information to the Commission, to the extent

21 not otherwise prohibited by law.

22 (d) MAILS.—The Commission may use the United

23 States mails in the same manner and under the same con24 ditions as other departments and agencies of the United

25 States.
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1 SEC. 8. ANNUAL REPORTS.

2 (a) FIRST REPORT.—Upon the establishment of a

3 uniform standard of need and a formula and method for

4 adjusting the uniform standard of need under section 4,

5 the Commission shall submit to the President, the Sec6 retary of Health and Human Services, the Committee on

7 Ways and Means of the House of Representatives, and the

8 Committee on Finance of the Senate a report on the uni9 form standard of need, and the formula and method for

10 adjusting the uniform standard of need.

11 (b) SUBSEQUENT REPORTS.—On each anniversary of

12 the date the report required by subsection (a) is submit13 ted, the Commission shall submit to the President, the

14 Secretary of Health and Human Services, the Committee

15 on Ways and Means of the House of Representatives, and

16 the Committee on Finance of the Senate a report that re17 views the success of the establishment of a uniform stand18 ard of need in curbing interstate migration for the pur19 poses of seeking greater payments of aid to families with

20 dependent children under State plans approved under part

21 A of title IV of the Social Security Act.

22 SEC. 9. TERMINATION.

23 (a) IN GENERAL.—The Commission shall terminate

24 6 years after the first date there are 8 members of the

25 Commission.
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1 (b) INAPPLICABILITY OF TERMINATION PROVISION

2 OF THE FEDERAL ADVISORY COMMITTEE ACT.—Section

3 14(a)(2)(B) of the Federal Advisory Committee Act shall

4 not apply to the Commission.

5 SEC. 10. CONFORMING AMENDMENTS.

6 (a) IN GENERAL.—Section 402(a) of the Social Secu7 rity Act (42 U.S.C. 602(a)) is amended—

8 (1) by striking ‘‘and’’ at the end of paragraph

9 (44);

10 (2) by striking the period at the end of para11 graph (45) and inserting a semicolon; and

12 (3) by inserting after paragraph (45) the fol13 lowing:

14 ‘‘(46) provide that the State’s standard of need

15 for a family shall be—

16 ‘‘(A) during the life of the Commission on

17 Welfare Fairness, the uniform standard of need

18 determined for a family of the same size by the

19 Commission on Welfare Fairness under section

20 4 of the Welfare Fairness Act, adjusted by the

21 Commission (as appropriate) in accordance with

22 the formula and method established under such

23 section; and

24 ‘‘(B) after the termination of the Commis25 sion, the uniform standard of need referred to
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1 in subparagraph (A) of this paragraph, ad2 justed by the Secretary (as appropriate) in ac3 cordance with the formula and method estab4 lished under such section; and

5 ‘‘(47) provide that, in determining the amount

6 of aid payable to a family under the State plan, the

7 State may not apply any rule not expressly provided

8 in Federal law.’’.

9 (b) EFFECTIVE DATE.—The amendments made by

10 subsection (a) shall apply to payments under part A of

11 title IV of the Social Security Act for calendar quarters

12 ending after the date the Commission establishes a uni13 form standard of need, and a formula and method for ad14 justing the uniform standard of need, under section 3 of

15 this Act.

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