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103D CONGRESS

1ST SESSION H. R. 1918

To reform the program of aid to families with dependent children.

IN THE HOUSE OF REPRESENTATIVES

APRIL 28, 1993

Mr. WISE introduced the following bill; which was referred jointly to the Committees on Ways and Means, Energy and Commerce, and Education and

Labor

A BILL

To reform 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 Reform and

5 Responsibility Act of 1993’’.

6 SEC. 2. WORK REQUIRED IN EXCHANGE FOR AID TO FAMI7 LIES WITH DEPENDENT CHILDREN.

8 (a) STATES REQUIRED TO INCLUDE A CWEP IN THE

9 JOBS PROGRAM.—Section 482(d)(1)(A) of the Social Se10 curity Act (42 U.S.C. 682(d)(1)(A)) is amended—
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1 (1) in clause (i)—

2 (A) by striking ‘‘and’’ at the end of

3 subclause (III); and

4 (B) by adding at the end the following:

5 ‘‘(V) community work experience programs

6 as described in subsection (f); and’’; and

7 (2) in clause (ii)—

8 (A) in subclause (II) by inserting ‘‘and’’ at

9 the end;

10 (B) in subclause (III), by striking ‘‘; and’’

11 and inserting a period; and

12 (C) by striking subclause (IV).

13 (b) STATES REQUIRED TO ENROLL AFDC RECIPI14 ENTS WHO ARE NOT PARTICIPATING IN THE JOBS PRO15 GRAM AND ARE NOT EXEMPT FROM SUCH PARTICIPATION

16 IN A CWEP.—Section 402(a) of such Act (42 U.S.C.

17 602(a)) is amended—

18 (1) in paragraph (44), by striking ‘‘and’’ after

19 the semicolon;

20 (2) in paragraph (45), by striking the period

21 and inserting ‘‘; and’’; and

22 (3) by inserting after paragraph (45) the fol23 lowing:

24 ‘‘(46)(A) require each recipient of aid under the

25 plan who has received such aid for at least 6 con-
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1 secutive months, is not participating in the program

2 of the State under part F or any other program

3 which offers substantially equivalent education, job

4 training, or work activities designed to lead to em5 ployment, and is not described by any clause of

6 paragraph (19)(C), to participate in the State com7 munity work experience program established in ac8 cordance with section 482(f) for a number of hours

9 per month equal to the amount of such aid payable

10 monthly with respect to the family of which the re11 cipient is a member, divided by the greater of the

12 Federal minimum hourly wage or the applicable

13 State minimum hourly wage;

14 ‘‘(B) prohibit any such aid recipient from being

15 assigned to any position of employment which was

16 created before the date of the enactment of this

17 paragraph; and

18 ‘‘(C) require the State to regularly inspect and

19 report to the Secretary and the Secretary of Labor

20 on the sites, facilities, and procedures of the commu21 nity work experience program.’’.

22 SEC. 3. FRAUD REDUCTION.

23 (a) STATES REQUIRED TO OPERATE TOLL-FREE

24 TELEPHONE NUMBER TO RECEIVE REPORTS OF FRAUD

25 OR ABUSE.—Section 402(a) of the Social Security Act (42
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1 U.S.C. 602(a)), as amended by section 1(b) of this Act,

2 is amended—

3 (1) in paragraph (45), by striking ‘‘and’’ after

4 the semicolon;

5 (2) in paragraph (46), by striking the period

6 and inserting ‘‘; and’’; and

7 (3) by inserting after paragraph (46) the fol8 lowing:

9 ‘‘(47) require the State to operate on a 24-

10 hour-a-day basis, and publicize the existence of, a

11 telephone number to which calls may be placed,

12 without charge to the caller, to report fraud or abuse

13 in the program carried out under the plan.

14 (b) LIMITATION ON AUTHORIZATION OF APPROPRIA15 TIONS FOR THE OFFICE OF INVESTIGATIONS IN THE OF16 FICE OF INSPECTOR GENERAL OF THE DEPARTMENT OF

17 HEALTH AND HUMAN SERVICES.—For the Office of In18 vestigations in the Office of Inspector General, Depart19 ment of Health and Human Services, there are authorized

20 to be appropriated not to exceed $60,000,000 for fiscal

21 year 1994.
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1 SEC. 4. ASSESSMENTS OF NEEDS AND SKILLS; EMPLOY2 ABILITY PLANS.

3 Section 402(a) of the Social Security Act (42 U.S.C.

4 602(a)), as amended by the preceding provisions of this

5 Act, is amended—

6 (1) in paragraph (46), by striking ‘‘and’’ after

7 the semicolon;

8 (2) in paragraph (47), by striking the period

9 and inserting ‘‘; and’’; and

10 (3) by inserting after paragraph (47) the fol11 lowing:

12 ‘‘(48) provide that—

13 ‘‘(A) during the first month after the effec14 tive date of this paragraph in which aid is re15 ceived under the plan, the requirements of sec16 tion 482(b)(1) shall apply with respect to the

17 recipient; and

18 ‘‘(B) the employability plan developed for

19 the recipient must—

20 ‘‘(i) be designed to move the recipient

21 from aid to work in not more than 2 years;

22 ‘‘(ii) set specific goals and timetables

23 for reaching such goals; and

24 ‘‘(iii) be reviewed and updated not less

25 frequently than every 6 months.’’.
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1 SEC. 5. ELIGIBILITY REVIEW.

2 Section 402(a) of the Social Security Act (42 U.S.C.

3 602(a)), as amended by the preceding provisions of this

4 Act, is amended—

5 (1) in paragraph (47), by striking ‘‘and’’ after

6 the semicolon;

7 (2) in paragraph (48), by striking the period

8 and inserting ‘‘; and’’; and

9 (3) by inserting after paragraph (48) the fol10 lowing:

11 ‘‘(49)(A) provide for the establishment of pan12 els, each composed of 3 former State judges, to—

13 ‘‘(i) annually review the circumstances of

14 recipients of aid under the plan who have re15 ceived such aid for 2 consecutive years;

16 ‘‘(ii) determine whether or not the recipi17 ent has fully participated in the program of the

18 State under part F and has made an effort to

19 become employed, and, if not, whether or not

20 circumstances beyond the control of the recipi21 ent have prevented such full participation or

22 employment; and

23 ‘‘(iii) reduce the amount of such aid pay24 able to the recipient if the recipient is not meet25 ing the participation requirements of the pro26 gram under part F; and
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1 ‘‘(B) provide that the procedures established or

2 required by section 482(h) be used to resolve all dis3 putes arising out of determinations of such panels.’’.

4 SEC. 6. FAMILY PROVISIONS.

5 (a) STATES REQUIRED TO OFFER PARENTING

6 COURSES TO ALL TEENAGE PARENTS NOT IN SCHOOL.—

7 Section 402(a) of the Social Security Act (42 U.S.C.

8 602(a)), as amended by the preceding provisions of this

9 Act, is amended—

10 (1) in paragraph (48), by striking ‘‘and’’ after

11 the semicolon;

12 (2) in paragraph (49), by striking the period

13 and inserting ‘‘; and’’; and

14 (3) by inserting after paragraph (49) the fol15 lowing:

16 ‘‘(50) require the State to make available to all

17 parents in the State who have not attained the age

18 of 20 years and who are not attending school, a

19 course of instruction in parenting which includes

20 topics such as family planning, health, nutrition, and

21 child development.’’.

22 (b) STATES REQUIRED TO ESTABLISH INCENTIVES

23 TO USE CERTAIN CONTRACEPTIVE METHODS.—
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1 (1) IN GENERAL.—Section 402(a) of the Social

2 Security Act (42 U.S.C. 602(a)), as amended by the

3 preceding provisions of this Act, is amended—

4 (A) in paragraph (49), by striking ‘‘and’’

5 after the semicolon;

6 (B) in paragraph (50), by striking the pe7 riod and inserting ‘‘; and’’; and

8 (C) by inserting after paragraph (50) the

9 following:

10 ‘‘(51) require the State to establish a program

11 that provides incentives for recipients of aid under

12 the plan to use implanted, temporary, hormonal con13 traceptive devices.’’.

14 (2) PAYMENTS TO STATES.—Section 403 of

15 such Act (42 U.S.C. 603) is amended by adding at

16 the end the following:

17 ‘‘(o) In addition to any payment under subsection (a)

18 or (l), each State shall be entitled to payments from the

19 Secretary of an amount equal to the Federal medical as20 sistance percentage (as defined in section 1905(b)) of the

21 expenditures by the State in operating the program re22 quired by section 402(a)(51).’’.
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1 SEC. 7. EXPANSION OF JOB TRAINING AND EDUCATIONAL

2 OPPORTUNITIES.

3 Section 403(l)(1)(A) of the Social Security Act (42

4 U.S.C. 603(l)(1)(A)) is amended—

5 (1) in clause (i), by striking ‘‘and’’;

6 (2) in clause (ii), by striking the period and in7 serting ‘‘; and’’; and

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

9 ‘‘(iii) notwithstanding clauses (i) and (ii), with

10 respect to so much of such expenditures in a fiscal

11 year as exceed 60 percent of the State’s expendi12 tures to carry out a program under part F in the

13 fiscal year 1992, 100 percent.’’.

14 SEC. 8. WORK INCENTIVES; REDUCTION OF BARRIERS TO

15 EMPLOYMENT.

16 (a) EARNED INCOME DISREGARD CHANGED TO EN17 COURAGE EMPLOYMENT.—

18 (1) IN GENERAL.—Section 402(a)(8)(B)(ii) of

19 the Social Security Act (42 U.S.C. 602(a)(8)(B)(ii))

20 is amended—

21 (A) in subclause (I), by striking ‘‘—’’ and

22 all that follows through ‘‘(b)’’; and

23 (B) in subclause (II)—

24 (i) by striking ‘‘the provisions of

25 subclause (II) of such subparagraph to any

26 month after such month, or apply’’; and
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1 (ii) by striking ‘‘either’’.

2 (2) CONFORMING AMENDMENTS.—

3 (A) Section 402(a)(37) of such Act (42

4 U.S.C. 602(a)(37)) is amended by striking

5 ‘‘paragraph (8)(B)(ii)(II)’’ and inserting ‘‘the

6 inapplicability of paragraph (8)(A)(iv)’’.

7 (B) Section 402(g)(1)(A)(ii) of such Act

8 (42 U.S.C. 602(g(1)(a)(II)) is amended by

9 striking ‘‘subsection (a)(8)(B)(ii)(II)’’ and in10 serting ‘‘the inapplicability of subsection

11 (a)(8)(A)(iv)’’.

12 (C) Section 482(e)(2)(G)(ii) of such Act

13 (42 U.S.C. 682(e)(2)(G)(ii)) is amended by

14 striking ‘‘the provisions of subparagraph

15 (A)(iv)’’ and all that follows and inserting ‘‘sec16 tion 402(a)(8)(A)(iv) without regard to the time

17 limitation of such section’’.

18 (D) Section 1925(a)(1) of such Act (42

19 U.S.C. 1396r–6(a)(1)) is amended by striking

20 ‘‘section 402(a)(8)(B)(ii)(II)’’ and inserting

21 ‘‘the inapplicability of section

22 402(a)(8)(A)(iv)’’.

23 (b) OPTIONAL STATE EXTENSION OF MEDICAID EN24 ROLLMENT FOR CERTAIN FORMER AFDC RECIPIENTS.—
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1 (1) OPTIONAL EXTENSION FOR 2 ADDITIONAL

2 YEARS.—

3 (A) IN GENERAL.—Section 1925(b)(1) of

4 such Act (42 U.S.C. 1396r–6(b)(1)) is amended

5 by striking the period at the end and inserting

6 the following: ‘‘, and may provide that the State

7 shall offer to each such family the option of ex8 tending coverage under this subsection for any

9 of the first 4 succeeding 6-month periods, in

10 the same manner and under the same condi11 tions as the option of extending coverage under

12 this subsection for the first succeeding 6-month

13 period.’’.

14 (B) CONFORMING AMENDMENT.—The

15 heading for such section is amended by striking

16 ‘‘REQUIREMENT’’ and inserting ‘‘IN GENERAL’’.

17 (2) PREMIUM FOR ADDITIONAL EXTENSION PE18 RIODS BASED ON SLIDING SCALE.—

19 (A) IN GENERAL.—Section 1925(b)(5)(B)

20 of such Act (42 U.S.C. 1396r–6(b)(5)(B)) is

21 amended by adding at the end the following

22 new sentence: ‘‘With respect to such a premium

23 in a premium payment period occurring during

24 the 2nd, 3rd, 4th, or 5th additional extension

25 period provided under this subsection, the State
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1 shall (subject to subparagraph (C)) base the

2 amount of the premium on a sliding scale based

3 on the family’s ability to pay the premium.’’.

4 (B) CONFORMING AMENDMENT.—The

5 heading for such section is amended by striking

6 ‘‘OFFERED’’ and inserting ‘‘OFFERED OR FAM7 ILY INCOME’’.

8 (3) OTHER CONFORMING AMENDMENTS.—Sec9 tion 1925(b) of such Act (42 U.S.C. 1396r–6(b)) is

10 amended—

11 (A) in the heading, by striking ‘‘EXTEN12 SION’’ and inserting ‘‘EXTENSIONS’’;

13 (B) in paragraph (2)(B)(ii)—

14 (i) in the heading, by striking ‘‘PE15 RIOD’’ and inserting ‘‘PERIODS’’, and

16 (ii) by striking ‘‘in the period’’ and in17 serting ‘‘in each of the 6-month periods’’;

18 (C) in paragraph (3)(A), by striking ‘‘the

19 6-month period’’ and inserting ‘‘any 6-month

20 period’’;

21 (D) in paragraph (4)(A), by striking ‘‘the

22 extension period’’ and inserting ‘‘any extension

23 period’’; and

24 (E) in paragraph (5)(D)(i), by striking ‘‘is

25 a 3-month period’’ and all that follows and in-
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1 serting the following: ‘‘is, with respect to a par2 ticular 6-month additional extension period pro3 vided under this subsection, a 3-month period

4 beginning with the 1st or 4th month of such ex5 tension period.’’.

6 (4) EFFECTIVE DATE.—The amendments made

7 by paragraphs (1), (2), and (3) shall apply to cal8 endar quarters beginning on or after January 1,

9 1994.

10 (c) STATE OPTION TO EXTEND CHILD CARE FOR UP

11 TO 3 YEARS.—Section 402(g)(1)(A)(iii) of such Act (42

12 U.S.C. 602(g)(1)(A)(iii)) is amended by inserting ‘‘(or, at

13 the option of the State, a period of not more than 36

14 months)’’ after ‘‘12 months’’.

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