I
104TH CONGRESS
2D SESSION
H. R. 4324
To improve the program of block grants to States for temporary assistance
for needy families.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 28, 1996
Mr. SCHUMER introduced the following bill; which was referred to the
Committee on Ways and Means
A BILL
To improve the program of block grants to States for
temporary assistance for needy families.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Welfare to Work Act
of 1996’’.
SEC. 2. MODIFICATION OF PROGRAM PURPOSE.
(a) IN GENERAL.—Section 401 of the Social Security
Act, as in effect pursuant to title I of the Personal Re-
sponsibility and Work Opportunity Reconciliation Act of
1996, is amended to read as follows:
‘‘SEC. 401. PURPOSE.
‘‘The purpose of this part is to—
‘‘(1) help low income families attain work and
economic self-sufficiency;
‘‘(2) provide assistance to needy families so that
children may be cared for in their own homes or in
the homes of relatives;
‘‘(3) break the cycle of dependence of needy
parents on government benefits by requiring job
preparation and work;
‘‘(4) prevent and reduce the incidence of out-of-
wedlock pregnancies and establish annual numerical
goals for preventing and reducing the incidence of
these pregnancies; and
‘‘(5) encourage the formation and maintenance
of two-parent families.’’.
(b) CONFORMING CHANGE IN NAME OF PROGRAM.—
(1) IN GENERAL.—
(A) The title heading of title I of the Per-
sonal Responsibility and Work Opportunity
Reconciliation Act of 1996 is amended by strik-
ing ‘‘TEMPORARY’’.
(B) The part heading of part A of title IV
of the Social Security Act, as in effect pursuant
to title I of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996,
is amended by striking ‘‘TEMPORARY’’.
(2) CONFORMING AMENDMENTS.—
(A) The Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 900 et
seq.) is amended in the first section 255(h) (2
U.S.C. 905(h)), by striking ‘‘temporary’’.
(B) The heading of clause (ii) of section
116(b)(1)(B) of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 is
amended by striking ‘‘TEMPORARY’’.
SEC. 3. MODIFICATION OF REQUIREMENTS RELATING TO
WORK.
(a) MODIFICATIONS
TO REQUIRED CONTENTS
OF
STATE PLANS.—Section 402(a)(1) of the Social Security
Act, as in effect pursuant to title I of the Personal Re-
sponsibility and Work Opportunity Reconciliation Act of
1996, is amended—
(1) in subparagraph (A)—
(A) in clause (i), by striking ‘‘and become
self-sufficient’’ and inserting ‘‘, become self-suf-
ficient, or earn their benefits’’; and
(B) in clause (ii), by striking ‘‘24 months
(whether or not consecutive)’’ and inserting ‘‘3
months’’; and
(2) in subparagraph (B), by striking clause (iv).
(b) NEW WORK REQUIREMENTS.—
(1) IN GENERAL.—Section 407 of the Social
Security Act, as in effect pursuant to title I of the
Personal Responsibility and Work Opportunity Rec-
onciliation Act of 1996, is amended to read as fol-
lows:
‘‘SEC. 407. WORK REQUIREMENTS.
‘‘(a) WORK REQUIRED AFTER 3 MONTHS.—Except
as provided in subsection (b), after a State has provided
assistance for 3 months (whether or not consecutive) to
an adult or a head of household under the State program
funded under this part, the State shall ensure that, for
any period for which the adult or head of household is
provided with such assistance, the adult or head of house-
hold is engaged in work activities for a number of hours
in the period that is not less than—
‘‘(1) the dollar amount of the assistance so pro-
vided during the period; divided by
‘‘(2) the minimum wage rate in effect for the
period under section 6 of the Fair Labor Standards
Act of 1938.
‘‘(b) STATE AUTHORITY TO MAKE EXEMPTIONS FOR
GOOD CAUSE.—A State shall not be considered to be in
violation of subsection (a) for a period by reason of the
failure of the State to ensure that, during the period, an
adult or a head of household is engaged in work activities
as required by subsection (a) if—
‘‘(1) the State determines that there is good
cause not to require the adult or head of household
to engage in work activities for the period; and
‘‘(2) during the period, such a determination is
in effect with respect to not more than 10 percent
of the adults and heads of households receiving as-
sistance under the State plan funded under this
part.
‘‘(c) WORK ACTIVITIES DEFINED.—As used in this
section, the term ‘work activities’ means—
‘‘(1) unsubsidized employment;
‘‘(2) subsidized private sector employment;
‘‘(3) subsidized public sector employment;
‘‘(4) work experience (including work associated
with the refurbishing of publicly assisted housing) if
sufficient private sector employment is not available;
‘‘(5) on-the-job training;
‘‘(6) community service programs;
‘‘(7) vocational educational training (not to ex-
ceed 6 months with respect to any individual);
‘‘(8) education directly related to employment,
in the case of a recipient who has not received a
high school diploma or a certificate of high school
equivalency; and
‘‘(9) satisfactory attendance at secondary school
or in a course of study leading to a certificate of
general equivalence, in the case of a recipient who
has not completed secondary school or received such
a certificate.
‘‘(d) NONDISPLACEMENT IN WORK ACTIVITIES.—
‘‘(1) IN GENERAL.—Subject to paragraph (2),
an adult in a family receiving assistance under a
State program funded under this part attributable to
funds provided by the Federal Government may fill
a vacant employment position in order to engage in
a work activity.
‘‘(2) NO FILLING OF CERTAIN VACANCIES.—No
adult in a work activity which is funded, in whole or
in part, by funds provided by the Federal Govern-
ment shall be employed or assigned—
‘‘(A) when any other individual is on layoff
from the same or any substantially equivalent
job; or
‘‘(B) if the employer has terminated the
employment of any regular employee or other-
wise caused an involuntary reduction of its
workforce in order to fill the vacancy so created
with an adult described in paragraph (1).
‘‘(3) GRIEVANCE PROCEDURE.—A State with a
program funded under this part shall establish and
maintain a grievance procedure for resolving com-
plaints of alleged violations of paragraph (2).
‘‘(4) NO PREEMPTION.—Nothing in this sub-
section shall preempt or supersede any provision of
State or local law that provides greater protection
for employees from displacement.
‘‘(e) REVIEW OF IMPLEMENTATION OF STATE WORK
PROGRAMS.—During fiscal year 1999, the Committee on
Ways and Means of the House of Representatives and the
Committee on Finance of the Senate shall hold hearings
and engage in other appropriate activities to review the
implementation of this section by the States, and shall in-
vite the Governors of the States to testify before them re-
garding such implementation. Based on such hearings,
such Committees may introduce such legislation as may
be appropriate to remedy any problems with the State pro-
grams operated pursuant to this section.’’.
(2) CONFORMING AMENDMENTS.—
(A) The heading of section 409(a)(3) of
the Social Security Act, as in effect pursuant to
title I of the Personal Responsibility and Work