H.R.4 - Work Opportunity Act of 1995104th Congress (1995-1996)
|Sponsor:||Rep. Shaw, E. Clay, Jr. [R-FL-22], Rep. Talent, Jim [R-MO-2], Rep. LaTourette, Steven C. [R-OH-19] (Introduced 01/04/1995)|
|Committees:||House - Ways and Means; Banking and Financial Services; Economic and Educational; Budget; Rules; Commerce; Judiciary; Agriculture | Senate - Finance|
|Committee Reports:||S. Rept. 104-96; H. Rept. 104-430 (Conference Report)|
|Latest Action:||01/22/1996 On motion to refer the bill and the accompanying veto message to the Committee on Ways and Means. Agreed to without objection.|
|Major Recorded Votes:||12/22/1995 : Resolving Differences; 12/22/1995 : Resolving Differences; 12/21/1995 : Resolving Differences; 09/19/1995 : Passed Senate; 09/19/1995 : Passed Senate; 03/24/1995 : Passed House|
|Notes:||This bill had multiple sponsors.|
This bill has the status Vetoed by President
Here are the steps for Status of Legislation:
- Passed House
- Passed Senate
- Resolving Differences
- To President
- Vetoed by President
Subject — Policy Area:
- Social Welfare
- View subjects
Summary: H.R.4 — 104th Congress (1995-1996)All Bill Information (Except Text)
Conference report filed in House (12/20/1995)
TABLE OF CONTENTS:
Title I: Block Grants for Temporary Assistance for Needy
Title II: Supplemental Security Income
Subtitle A: Eligibility Restrictions
Subtitle B: Benefits for Disabled Children
Subtitle C: State Supplementation Programs
Subtitle D: Studies Regarding Supplemental Security
Subtitle E: National Commission on the Future of
Subtitle F: Retirement Age Eligibility
Title III: Child Support
Subtitle A: Eligibility for Services; Distribution of
Subtitle B: Locate and Case Tracking
Subtitle C: Streamlining and Uniformity of Procedures
Subtitle D: Paternity Establishment
Subtitle E: Program Administration and Funding
Subtitle F: Establishment and Modification of Support
Subtitle G: Enforcement of Support Orders
Subtitle H: Medical Support
Subtitle I: Enhancing Responsibility and Opportunity
for Non-Residential Parents
Subtitle J: Effect of Enactment
Title IV: Restricting Welfare and Public Benefits for Aliens
Subtitle A: Eligibility for Federal Benefits
Subtitle B: Eligibility for State and Local Public
Subtitle C: Attribution of Income and Affidavits of
Subtitle D: General Provisions
Subtitle E: Conforming Amendments
Title V: Reductions in Federal Government Positions
Title VI: Reform of Public Housing
Title VII: Child Protection Block Grant Program and Foster
Care and Adoption Assistance
Subtitle A: Block Grants to States for the Protection
of Children and Matching Payments for Foster Care
and Adoption Assistance
Subtitle B: Child and Family Services Block Grant
Title VIII: Child Care
Title IX: Child Nutrition Programs
Subtitle A: National School Lunch Act
Subtitle B: Child Nutrition Act of 1966
Title X: Food Stamps and Commodity Distribution
Subtitle A: Food Stamp Program
Subtitle B: Commodity Distribution Programs
Title XI: Miscellaneous
Subtitle A: General Provisions
Personal Responsibility and Work Opportunity Act of 1995 - Title I: Block Grants for Temporary Assistance for Needy Families - Outlines congressional findings with regard to the importance of marriage in a successful society and the negative consequences of out- of-wedlock births and the raising of children in single-parent homes. Expresses the sense of the Congress that prevention of out-of-wedlock pregnancy and reduction in out-of-wedlock births are important Government interests and that the policy in this title is intended to address such interests.
(Sec. 103) Replaces the current Aid to Families with Dependent Children (AFDC) program under title IV of the Social Security Act (SSA) with a single program of block grants to the States for operating statewide temporary assistance (TEA) programs with certain mandatory work, education, and job preparation requirements for needy families either already with or expecting a child, which are designed to assist such families in becoming self-sufficient.
Limits such families generally to no more than five years of TEA cash assistance, with certain exceptions for minor children, battered family members, and hardship situations. Denies TEA assistance in cases where an individual family member is a fugitive felon or a probation or parole violator and in certain other specified situations as well.
Denies cash assistance for minor children born into families on TEA assistance who already have a child (except in cases involving children born as a result of rape or incest), unless a State opts out of such denial policy.
Requires, in addition, certain mandatory adult-supervised living arrangements for unmarried teenage parents. Provides for the exchange of TEA program information with law enforcement agencies under certain conditions. Penalizes States and individual families for specified grant and program violations, respectively, through reduced grants and assistance payments, allowing States to terminate such payments to certain adult family members without small children needing child care who refuse to engage in work, educational, or job preparation activities (required program activities) or cooperate with the State in establishing child support.
Provides for a separate reduction in State TEA grant payments for States failing to comply with Federal requirements under SSA title IV part D (Child Support and Establishment of Paternity).
Sets forth the mechanism for State appeal of Federal adverse decisions with respect to State plans or imposition of penalties, providing for advance notification of any program violation and the opportunity for a State to correct it before any such penalty is imposed. Limits the amount of any penalty reduction in the State's quarterly grant payment.
Expresses the sense of the Congress that State TEA programs should: (1) assign the highest priority to requiring adults in two-parent families and in single-parent families with older preschool or school-age children to be engaged in required program activities; and (2) require noncustodial, nonsupporting parents under age 18 to fulfill community work obligations and attend appropriate parenting or money management classes after school.
Specifies State TEA plan contents, including provisions for numeric goals for reducing illegitimacy in the State over a specified ten year period beginning in 1996, and certain certifications by the State that it will operate child support enforcement and protection programs, in order for the State to be eligible (along with certain other criteria which it must meet as well) to receive Federal TEA grants. Allows the States to decide in their TEA plans: (1) whether or not they intend on providing TEA assistance to aliens; and (2) how to treat families moving interstate.
Details grant administrative provisions: (1) determining the amounts of State grants; (2) outlining grant uses, such as those for family planning services; (3) providing additional grants to States for reductions in illegitimate births, as well as supplemental grants to certain States for population increases; and (4) establishing a Contingency Fund for State Welfare Programs in the Treasury for payments to certain eligible States.
Makes appropriations: (1) for State family assistance grants for FY 1996 through 2001; (2) for grants to reward States that reduce out- of-wedlock births for FY 1998 and following fiscal years; (3) supplemental grants for population increases in certain States for FY 1997 through 2000; and (4) for the Contingency Fund for State Welfare Programs for FY 1997 through 2001.
Sets up a Federal loan program for State TEA programs for anti- fraud and other specified activities. Makes necessary appropriations.
Outlines specific program data collection and reporting requirements as well as certain research, evaluation, and study requirements, among other things requiring quarterly reports by the States on family case record information and research by the Secretary of Health and Human Services (HHS) on the benefits, effects, and costs of operating different State TEA programs.
Provides for direct funding, by way of three-year tribal family assistance grants, to Indian tribes (including Indian tribes in Alaska) for tribal administration of TEA programs.
Directs the Bureau of the Census to expand the Survey of Income and Program Participation as necessary to obtain information that will enable interested persons to evaluate the impact of the changes made by this title on a random national sample of recipients of assistance under State programs funded under this title, and on other appropriate low-income families.
Provides for the treatment of existing State AFDC waivers in effect as of the date of enactment of this Act and those granted subsequently.
Makes the HHS Assistant Secretary for Family Support the official responsible for administering SSA title IV part A and D programs.
(Sec. 104) Allows States to contract with charitable, religious, and private organizations to provide services and administer programs established or modified under titles I, II, and VI of this Act. Prohibits the expenditure of financial assistance provided under such programs for sectarian worship, instruction, or proselytization.
(Sec. 105) Directs the Secretary of Commerce to expand census data collection efforts to enable the Bureau of the Census to collect statistically significant data on grandparent caregivers.
(Sec. 106) Requires an HHS report to the Congress on State automated data processing systems used in administering SSA title IV part A programs to determine what would be required to establish a system for tracking public program participants and checking case records to determine if such participants are participating in public programs of two or more States.
(Sec. 107) Details requirements for a similar report, and study, on alternative outcomes measures for evaluating the success of the States in moving individuals off welfare through employment.
(Sec. 108) Makes conforming amendments to SSA, the Food Stamp Act of 1977, and related provisions of other specified Federal laws.
(Sec. 111) Directs the Commissioner of Social Security to: (1) develop a prototype counterfeit-resistant social security card; and (2) study and issue a report to the Congress with regard to improving the social security card application process.
(Sec. 112) Requires any organization accepting Federal funds under this Act to disclose that fact in any communication it makes that in any way intends to promote public support or opposition to any Federal, State, or local government policy through any broadcasting station, periodical, or other specified type of general public advertising. Makes any organization failing to make such a disclosure ineligible to receive Federal funds under this Act.
(Sec. 113) Amends the Family Support Act of 1988 to remove the "demonstration" status of the Job Opportunities for Certain Low-Income Individuals (JOLI) program and give it an increased annual authorization for any fiscal year.
(Sec. 114) Gives States the option of determining the Medicaid eligibility of TEA program and other recipients of aid or assistance under various other specified social security programs, including the Supplemental Security Income (SSI) program under SSA title XVI, as long as resulting Federal expenditures do not exceed those that would have been made under Medicaid had not this Act been enacted.
Title II: Supplemental Security Income - Subtitle A: Eligibility Restrictions - Amends SSA title XVI to deny SSI for ten years to individuals found to have fraudulently misrepresented residence in order to obtain benefits simultaneously in two or more States. Denies SSI for fugitive felons and probation and parole violators. Provides for exchange of SSI information with law enforcement agencies under certain conditions.
Subtitle B: Benefits for Disabled Children - Revises the rules with respect to childhood eligibility, with corresponding changes to childhood SSI regulations modifying the medical criteria for evaluation of mental and emotional disorders, and discontinuing the use of individualized functional assessments for children. Modifies medical improvement review standards, specifically dividing their applicability to, and creating separate criteria for individuals aged 18 or older, and individuals under age 18, respectively.
(Sec. 211) Provides that once an eligible child meets the definition of disability, the amount of the individual's cash benefit will be based on whether or not the child meets criteria for needing personal assistance enabling the child to stay at home with his or her family. Authorizes appropriations for continuing disability reviews and redeterminations under SSI.
(Sec. 212) Provides that at least once every three years the Commissioner shall review the continued SSI eligibility of each individual who has not attained 18 years of age and is eligible for such benefits by reason of an impairment (or combination of impairments) which may improve (or, at the option of the Commissioner, which is unlikely to improve).
Requires a representative payee of a recipient whose case is so reviewed to present, at the time of review, evidence demonstrating that the recipient is, and has been, receiving treatment, to the extent considered medically necessary and available, for the condition which was the basis for providing benefits under the SSI program. Provides that if the representative payee refuses to comply without good cause with such requirement, the Commissioner shall, if in the individual's best interest, promptly terminate payment of benefits to the representative payee, and provide for payment of benefits to an alternative representative payee of the individual or, if the interest of the individual would be served thereby, to the individual.
Provides that if an individual is eligible for SSI benefits by reason of disability for the month preceding the month in which the individual attains age 18, the Commissioner shall redetermine such eligibility: (1) during the one-year period beginning on the individual's 18th birthday; and (2) by applying the criteria used in determining the initial eligibility for applicants who have attained age 18. Specifies requirements governing continuing disability reviews for low-birth-weight babies.
(Sec. 213) Revises provisions regarding the disposal of resources for less than fair market value by certain individuals and appropriate notification of Medicaid.
Adds provisions for the treatment of assets held in trust by individuals who have not attained age 18 and any earnings resulting from such trust.
Requires representative payees of eligible individuals below age 18 to establish financial institution accounts on behalf of such individuals into which such individuals' SSI payments shall be paid. Allows representative payees to use funds in the account to pay for certain allowable expenses. Directs the Commissioner of Social Security to establish a system for accountability monitoring whereby such representative payee shall report on activities respecting funds in the account.
(Sec. 214) Reduces cash SSI payments to institutionalized children whose medical costs are covered by private insurance.
Subtitle C: State Supplementation Programs - Repeals maintenance of effort requirements applicable to optional State programs for supplementation of SSI benefits.
Subtitle D: Studies Regarding Supplemental Security Income Program - Requires the Commissioner of Social Security to prepare an annual report for the President and the Congress on the SSI program, and make appropriate arrangements for a study of the disability determination process under SSA titles II and XVI for any needed changes. (Sec. 233) Outlines the requirements for a study and report by the General Accounting Office on the impact of this title on SSA title XVI (SSI) and on the extra expenses incurred by families of children receiving benefits under such title that are not covered by other Federal, State, or local programs.
Subtitle E: National Commission on the Future of Disability - Establishes the National Commission on the Future of Disability to develop and carry out a comprehensive study of all matters related to the nature, purpose, and adequacy of all Federal programs serving individuals with disabilities in order to develop appropriate recommendations for any needed legislation or administrative action. Authorizes appropriations.
Subtitle F: Retirement Age Eligibility - Provides that, for purposes of determining an aged individual under SSI, the age used shall be the retirement age used under the Old Age, Survivors, and Disability Insurance Program under SSA title II.
Title III: Child Support - Subtitle A: Eligibility for Services; Distribution of Payments - Amends part D (Child Support and Establishment of Paternity) of SSA title IV to require State plans for child and spousal support to provide: (1) certain services relating to paternity establishment or enforcement of child support obligations; and (2) continuation of services for families ceasing to receive assistance under Aid to Families with Dependent Children.
(Sec. 302) Revises payment distribution guidelines for support obligations collected by the State on behalf of a family. Requires a study and report to the Congress on the effectiveness of the distribution of pre-assistance and post-assistance arrearages in moving people off welfare and in keeping them off.
(Sec. 303) Requires State plans to establish procedural guidelines for: (1) privacy safeguards regarding paternity and child support actions; and (2) notification of all proceedings and orders affecting child support obligations.
Subtitle B: Locate and Case Tracking - Mandates that single statewide automated data systems include a State case registry containing records of: (1) each case in which services are provided by the State agency; and (2) each support order established on or after a specified date. Permits the linking of local registries.
(Sec. 312) Requires State plans to include a unit to monitor and enforce collection and disbursement of support payments.
(Sec. 313) Requires State plans to: (1) provide for a State- operated State Directory of New Hires containing prescribed information furnished by employers on new personnel; and (2) transmit such information to the National Directory of New Hires.
(Sec. 314) Requires States to have statutorily prescribed procedures: (1) for mandatory income withholding for support payments subject to enforcement; and (2) under which child support orders issued before October 1, 1996, shall become subject to withholding from wages if arrearages occur, without the need for a judicial or administrative hearing. Revises the procedural guidelines for income withholding for child support enforcement.
(Sec. 315) Requires the States to have statutorily prescribed procedures to ensure that Federal and State agencies conducting income-withholding activities have access to State locator systems for motor vehicle or law enforcement purposes.
(Sec. 316) Revises the Federal Parent Locator Service to provide for additional information which may be transmitted to locate individuals and assets for purposes of: (1) establishing parentage; (2) executing child support obligations; and (3) enforcing visitation orders.
(Sec. 317) Requires States to have statutorily prescribed procedures requiring recordation of Social Security numbers on: (1) commercial driver's, marriage, occupational, and professional licenses; (2) certain domestic relations orders; and (3) death certificates.
Subtitle C: Streamlining and Uniformity of Procedures - Requires each State to have the Uniform Interstate Family Support Act in effect as of January 1, 1998. Amends the Federal judicial code to revise the procedures for the court to apply when determining which State order to recognize for purposes of continuing, exclusive jurisdiction and enforcement for child support orders.
(Sec. 323) Requires the States to have statutorily prescribed procedures requiring: (1) expedited administrative enforcement in interstate cases and support orders; and (2) expedited administrative and judicial procedures for establishing paternity and enforcing support obligations.
Subtitle D: Paternity Establishment - Revises the guidelines for State laws governing paternity establishment. Requires State procedures under which the name of the father shall be included on the birth certificate only: (1) if the mother and father have signed a voluntary acknowledgement of paternity; or (2) pursuant to a judicial or administrative order.
(Sec. 333) Requires State plans for child and spousal support to provide that the State agency administering the plan will make a determination as to whether a program recipient is cooperating in good faith with State efforts to establish paternity and secure support.
Subtitle E: Program Administration and Funding - Directs the Secretary of Health and Human Services to develop a new system of incentive payments to States to replace the existing one in a revenue neutral manner. Recalculates the Title IV-D paternity establishment percentage for purposes of such performance-based incentives.
(Sec. 342) Requires a State plan for child and spousal support to include prescribed procedures for State reviews and audits. Revises the guidelines for Federal evaluation and audit of State programs governing paternity, child and spousal support, and parent location.
(Sec. 344) Revises automated data processing requirements for State statewide automated data processing and information retrieval system which can perform specified tasks.
(Sec. 345) Makes funds available to the Secretary for: (1) training of Federal and State staff, research and demonstration programs, and special projects of regional and national significance; and (2) operation of the Federal Parent Locator Service.
Subtitle F: Establishment and Modification of Support Orders - Revises the requirements for State plan procedures for the review and adjustment of support orders.
(Sec. 352) Amends the Fair Credit Reporting Act to authorize a consumer agency to furnish a consumer report: (1) in response to a request by a governmental child support enforcement agency; or (2) to the State administrative agency which sets child support awards.
(Sec. 353) Shields a depository institution from Federal or State liability for disclosing any financial record of an individual to a State child support enforcement agency. Prohibits such agency from disclosing such a financial record except for the purpose of, and to the extent necessary in, establishing, modifying, or enforcing a child support obligation. Sets forth civil penalties for any person knowingly or negligently violating such prohibition.
Subtitle G: Enforcement of Support Orders - Amends Internal Revenue Code procedural guidelines for the collection of arrearages to provide that no additional fee may be assessed for adjustments to a previously certified amount.
(Sec. 362) Amends part D (Child Support and Establishment of Paternity) of SSA title IV to revise procedural guidelines for: (1) consent by the United States to income withholding, garnishment, and similar proceedings for enforcement of child support and alimony obligations of current and retired Federal employees; and (2) enforcement of child support obligations of members of the Armed Forces.
(Sec. 364) Requires a State plan for child and spousal support to have in effect the Uniform Fraudulent Conveyance Act of 1981, the Uniform Fraudulent Transfer Act of 1984, or a similar law, as well as certain procedures governing the voiding of fraudulent transfers by a child support debtor.
(Sec. 365) Requires a State plan for child and spousal support to include specified procedures: (1) to ensure that persons owing past-due support work or participate in work activities the court (or the State agency) deems appropriate; (2) to report to credit bureaus the name of the parent in arrears for child support; (3) to provide for liens against real and personal property for the support arrearages of an absent parent; and (4) to implement the restriction of driver's, professional, occupational, and recreational licenses of individuals owing support arrearages.
(Sec. 370) Requires the Secretary of State to deny, revoke, or limit a passport upon certification of nonpayment of child support.
(Sec. 371) Authorizes the Secretary of State to declare a foreign country to be a foreign reciprocating country if it has established, or undertakes to establish, child support enforcement procedures that meet specified criteria and enforce duties of support owed to obligees who are to U.S. residents. Vests the Secretary of Health and Human Services with responsibility to facilitate such procedures. Authorizes the States to enter into reciprocal arrangements for child support enforcement with foreign countries that are not the subject of such declaration.
(Sec. 372) Requires States to have statutorily prescribed procedures under which a State agency shall enter into agreements with financial institutions doing business within the State to implement a data match system to provide identifying information and encumber the assets of each noncustodial parent who maintains an account at the institution and is subject to a child support lien.
(Sec. 373) Requires States to have statutorily prescribed procedures under which child support orders regarding the child of minor parents are enforceable against the parents of the child's noncustodial parents if the custodial parents are recipients of State assistance.
(Sec. 374) Amends Federal bankruptcy law and the Social Security Act to declare a debt for child support nondischargeable in bankruptcy.
Subtitle H: Medical Support - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to include within the definition of medical child support order an order issued through a State administrative process.
(Sec. 377) Amends part D of SSA title IV to mandate statutorily prescribed procedures under which all enforced child support orders shall include a provision for the health care coverage of the child.
Subtitle I: Enhancing Responsibility and Opportunity for Nonresidential Parents - Amends part D of SSA title IV to prescribe guidelines under which the Administration for Children and Families shall make grants to enable States to establish and administer access and visitation programs to facilitate noncustodial parents' access to their children.
Subtitle J: Effect of Enactment - Sets forth effective dates for the provisions of this title.
Title IV: Restricting Welfare and Public Benefits for Aliens - Declares that: (1) it is a compelling government interest to enact new rules for eligibility and sponsorship agreements in order to assure that aliens be self-reliant in accordance with national immigration policy; and (2) it is a compelling government interest to remove the incentive for illegal immigration provided by the availability of public benefits.
Subtitle A: Eligibility for Federal Benefits - Prohibits Federal public benefits (as defined by this Act) to aliens who are not qualified aliens (as defined by this Act). Stipulates that such prohibition shall not apply to: (1) emergency medical services; (2) certain emergency disaster relief; (3) public health immunizations and treatment of communicable diseases; (4) housing assistance; (5) certain in-kind community services; and (6) Social Security Act benefits under specified circumstances.
(Sec. 402) Makes qualified aliens ineligible (with limited exceptions for refugees, asylees, certain permanent residents, veterans and active duty personnel, and aliens whose deportation is withheld) for: (1) supplemental security income (SSI); (2) food stamps; (3) temporary assistance for needy families; (4) social services block grants; and (5) Medicaid and Medigrant.
(Sec. 403) Makes qualified aliens ineligible (with limited exceptions for refugees, asylees, and veterans and active duty personnel) for Federal means-tested public benefits (as defined by this Act) for the first five years after U.S. entry.
(Sec. 404) Requires each Federal agency administering a program covered by this title to post information and provide general notification to the public and program recipients, either directly or through the States, of the requirements concerning alien eligibility for any such program pursuant to this title.
Amends the Social Security Act and the United States Housing Act of 1937 to provide for State reporting of certain illegal alien information to the Immigration and Naturalization Service (INS).
Subtitle B: Eligibility for State and Local Public Benefits Programs - Makes an alien who is not a qualified alien, a nonimmigrant, or a parolee ineligible for State or local benefits (as defined by this Act). Stipulates that such prohibition shall not apply to: (1) emergency medical services; (2) certain emergency disaster relief; (3) public health immunizations and treatment of communicable diseases; and (4) certain in-kind community services.
(Sec. 412) Authorizes States to determine eligibility for State public means-tested benefits for qualified aliens, nonimmigrants, or parolees. States that refugees, asylees, certain permanent residents, and veterans and active duty personnel shall be eligible for all State public benefits.
Subtitle C: Attribution of Income and Affidavits of Support - Provides that in determining the eligibility and the amount of benefits of any alien for any means-tested public benefits program the income and resources of the alien shall be deemed to include: (1) the income and resources of any person who executed an affidavit of support on the alien's behalf; and (2) the income and resources of the person's spouse (if any). Applies such requirement with respect to an alien until such time as the alien achieves U.S. citizenship through naturalization or has worked without public assistance for a specified time.
(Sec. 422) Authorizes States to make similar attributions with respect to State programs (with specified exceptions).
(Sec. 423) Sets forth requirements for sponsor's affidavit of support.
(Sec. 424) Amends the Higher Education ct of 1965 to require sponsor cosignature of certain alien student loans.
Subtitle D: General Provisions - Defines qualified alien to be: (1) a lawful permanent resident; (2) an asylee; (3) a refugee; (4) a parolee; (5) an alien under withheld deportation; and (6) an alien granted conditional entry.
(Sec. 433) Requires the Attorney General to promulgate regulations regarding alien eligibility for Federal public benefits. Authorizes appropriations.
Subtitle E: Conforming Amendments - Makes conforming amendments related to assisted housing under the Housing and Community Development Act of 1980 and the Housing Act of 1949.
Title V: Reductions In Federal Government Positions - Outlines the mechanism for various specified Federal executive agency workforce reductions, requiring submission to specified congressional committees of certain determinations about the number of full-time equivalent (FTE) positions of their respective departments by the Secretaries of Agriculture, of Education, of Labor, of Housing and Urban Development, and of HHS. Requires the Secretaries to make FTE reductions, including reductions-in-force, resulting from such determinations over the ensuing 14 months. Requires the Comptroller General to analyze and report to such committees on such determinations, with recommendations for further FTE reductions, if appropriate.
(Sec. 502) Requires the HHS Secretary to reduce the Federal workforce within HHS: (1) by 75 percent of the FTE positions relating to any direct spending program, or any program funded through discretionary spending, that has been converted into a block grant program by this Act; and (2) by 75 percent of a proportionate number of the total FTE departmental management positions.
Requires reduction of FTE positions in HHS: (1) by 245 FTE positions related to the program converted by this Act into TEA block grants; and (2) by 60 FTE managerial positions.
(Sec. 503) Encourages the HHS Secretary to reduce personnel in the Washington, D.C., area office (agency headquarters) before reducing field personnel.
Title VI: Reform of Public Housing - Amends the United States Housing Act of 1937 to prohibit increased housing assistance to a family whose benefits under other public assistance programs have been reduced because of noncompliance. Stipulates that such prohibition shall not apply to instances of limited-time frame benefits.
States that a person whose benefits under a means-tested welfare or public assistance program have been reduced because of fraud shall not, during such reduction period, receive an income-based increase in any other means-tested assistance program.
Title VII: Child Protection Block Grant Program and Foster Care and Adoption Assistance - Subtitle A: Block Grants to States for the Protection of Children and Matching Payments for Foster Care and Adoption Assistance - Replaces title IV-B (Child Welfare Services) with a block grant program to the States to implement: (1) child protection programs regarding child abuse and neglect; and (2) child protection and payments for foster care and adoption assistance. Delineates requirements for State payments for foster care maintenance and adoption assistance.
(Sec. 701) Establishes citizen review panels for such grant programs. Authorizes appropriations for child welfare studies and for State courts assessment and improvement of foster care and adoption proceedings.
(Sec. 704) Expresses the sense of the Congress that States should: (1) allocate sufficient funds for adoption and medical assistance to encourage child adoption; (2) offer incentives to make adoption of special needs children more affordable for middle-class families; (3) provide a child that must be removed from its biological parents with a single foster care placement and single coordinated case team, including conclusion of adoption within one year of such child's foster care placement; and (4) participate in programs to enable maximum visibility of waiting children to potential parents.
Subtitle B: Child and Family Services Block Grant - Renames the Child Abuse Prevention and Treatment Act as the Child and Family Services Block Grant Act of 1995. Changes the purposes of the Act to emphasize assistance to each State in improving child protective service systems. Delineates criteria governing State eligibility for Federal block grants for: (1) child and family services; and (2) research, demonstrations, training, and technical assistance.
(Sec. 751) Instructs the Secretary of Health and Human Services (the Secretary) to establish a national clearinghouse for information relating to child abuse. Mandates peer review for such grants.
Instructs the Secretary to conduct a national random sample study of children at risk of child abuse or neglect. Authorizes appropriations for FY 1996 through 2002, including grants for demonstration projects and Indian tribes.
Authorizes the Secretary to make grants to the States for investigation and prosecution of child abuse and neglect cases. Prohibits a State or any other recipient of such Federal grants from denying multiethnic adoption or foster care placement. Reduces the block grant of States that violate such proscription. Permits a private cause of action in Federal district court for such violation.
(Sec. 752) Amends the Missing Children's Assistance Act to: (1) authorize appropriations for FY 1996 and 1997; and (2) instruct the Administrator of the Office of Juvenile Justice and Delinquency Prevention to use specified appropriations to conduct an evaluation of the Act's programs and activities.
Amends the Victims of Child Abuse Act of 1990 to authorize appropriations for FY 1996 and 1997.
(Sec. 753) Repeals: (1) Title II (Adoption Opportunities) of the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978; (2) the Abandoned Infants Assistance Act; (3) the Temporary Child Care for Children with Disabilities and Crisis Nurseries Act of 1986; (4) the multiethnic placements provisions of the Howard M. Metzenbaum Multiethnic Placement Act of 1994; and (5) the authority and mandate for the Homeless Prevention Demonstration Programs (Family Support Centers) provided under the Stewart B. McKinney Homeless Assistance Act.
Title VIII: Child Care - Child Care and Development Block Grant Amendments of 1995 - Amends the Child Care and Development Block Grant Act of 1990 to set forth goals with respect to State child care assistance and to authorize appropriations for FY 1996 through 2002.
(Sec. 803) Amends Part A of title IV (AFDC) to set forth funding parameters under which each State is entitled to payments for the purpose of providing child care assistance.
(Sec. 807) Reduces from 20 percent to 3 percent of certain funds the minimum amount made available for activities to improve the quality of child care. Limits such activities to: (1) those designed to provide comprehensive consumer education to parents and the public; (2) those that increase parental choice; and (3) those designed to improve the quality and availability of child care.
(Sec. 808) Amends the Child Care and Development Block Grant Act of 1990 to: (1) repeal authority for Federal payments to Head Start agencies or certain local educational agencies for early childhood development and before- and after-school services; and (2) revise Federal enforcement guidelines.
(Sec. 811) Revises State reporting requirements for monthly and biannual reports. Requires the Secretary to report biennially to the House Committee on Economic and Educational Opportunities.
(Sec. 813) Reduces the statutory allotment reserved for Indian tribes or tribal organizations from three percent to one percent. Prescribes guidelines for the use of such allotment for facility repair and construction.
(Sec. 815) Repeals: (1) the Child Development Associate Scholarship Assistance Act of 1985; (2) State Dependent Care Development Grants Act; and (3) authority for the Native Hawaiian Family-based Education Centers program of the Native Hawaiian Education Act.
Amends the Elementary and Secondary Education Act of 1965 to repeal the use of Federal grants for: (1) child care for children of at-risk students who would not otherwise be able to participate in programs to improve their education performance and future potential; and (2) child care centers for student parents and their children in rural and urban public secondary schools.
Title IX: Child Nutrition Programs - Subtitle A: National School Lunch Act - Amends the National School Lunch Act (NSLA) to revise and streamline its provisions.
(Sec. 901) Revises provisions for State disbursement to schools to eliminate language relating to maximum per meal reimbursements.
(Sec. 902) Revises nutritional and other program requirements to eliminate requirements for: (1) purchase of low-fat cheese equivalent to an estimated decline in milk fat purchases; (2) administrative procedures to diminish plate waste; (3) State and local annual announcement of income eligibility requirements; (4) school use of abundant commodities; and (5) schools to inform students of lunch nutritional content and consistency with national dietary guidelines.
Allows schools to use any reasonable approach to meet dietary guidelines.
Eliminates State educational authority to use resources provided through the nutrition and education (NET) program under the Child Nutrition Act of 1966 (CNA) for training to improve school meal quality and acceptance.
(Sec. 903) Provides that, after the initial submission, a school shall not be required to submit a free and reduced price policy statement to a State educational agency, unless there is a substantive change in the free and reduced price policy of the school (not a routine change in policy, such as an annual adjustment of the income eligibility guidelines for free and reduced price meals).
(Sec. 904) Revises provisions for special assistance funds to eliminate references to: (1) maximum per lunch amounts; and (2) applicability of other NSLA provisions to such special assistance. Directs the Secretary of Agriculture to request certain reports from State educational agencies (rather than requiring their automatic submission each month).
(Sec. 905) Revises miscellaneous provisions and definitions. Provides that accounts and records must be available at any reasonable time (rather than at all times). Eliminates a prohibition against imposition by States of requirements with respect to teaching personnel, curriculum, instruction, and instructional methods and materials at any school (but retains the prohibition against imposition of such requirements by the Secretary). Eliminates: (1) definitions of participation and assistance need rates; and (2) certain provisions relating to establishing regulations for food menus.
Prohibits, in general, any waiver that will increase Federal costs. Eliminates requirements for: (1) the Secretary to respond in writing to written waiver requests; (2) States to disseminate results of waiver decisions; (3) annual reports by service providers receiving waivers; and (4) a two-year limit on waiver period and authority for extension.
Eliminates provisions for demonstration grants to private nonprofit organizations or educational institutions in three States for food and nutrition projects integrated with elementary school curricula.
(Sec. 906) Revises provisions for summer food service programs for children in service institutions. Eliminates references to expansion of such programs.
Reduces the rates of payments to service institutions for meals and supplements served under such programs.
Reduces (from four meals to three meals or two meals and one supplement) what may be served daily by a service institution which is a camp or which serves meals primarily to migrant children.
Revises references to the National Youth Sports Program to: (1) eliminate payments for months other than summer ones and reimbursements for severe needs; and (2) require participant eligibility to be based on low-income area residence or on income eligibility statements from enrolled children.
Revises nutritional standards requirements for such summer programs to: (1) no longer require the Secretary to provide additional assistance to service providers having difficulty maintaining compliance; and (2) require that contracts between service institutions and food service management companies require periodic inspections by an independent State agency to determine compliance with local health standards.
Eliminates requirements for: (1) certain advance payment procedures, standard contract forms, and State best estimates of those served and technical assistance schedules; (2) added Federal funding to States for health department inspections; (3) small business preference; and (4) training and technical assistance for private nonprofit organizations.
(Sec. 907) Revises provisions relating to the commodity distribution program. Eliminates requirements: (1) relating to including cereal and shortening in commodity donations; (2) for an impact study of commodity distribution procedures; and (3) for State Advisory Councils.
(Sec. 908) Revises the child care food program. Eliminates provisions for: (1) expansion of such program; (2) technical assistance in completing applications; (3) outreach and recruitment; (4) advance payment requirements for States; and (5) added technical assistance for those with difficulty in maintaining compliance with nutritional requirements.
Modifies training, technical assistance, and monitoring provisions to simply require States to provide what is sufficient to facilitate effective operation of the program. Directs the Secretary to assist States in developing plans to do so.
Revises the adult care food program to eliminate aid for adult day care centers and services for persons 60 years old and older. Limits program eligibility to day care center and services for chronically impaired disabled persons.
(Sec. 909) Revises provisions for pilot projects to eliminate: (1) a three-State evaluation of Federal contracts with vendors to administer programs not administered by States; (2) a pilot program that allowed a limited number of schools that have universal free school lunch programs to opt to determine the number of free, reduced- price, and paid meals they will provide daily on a percentage basis; (3) provisions for additional food choices; and (4) a paperwork reduction pilot. Makes discretionary a demonstration program to provide meals and supplements outside of school hours.
(Sec. 910) Repeals provisions relating to reduction of paperwork, information on income eligibility, nutrition guidance for child nutrition programs, and an information clearinghouse.
(Sec. 914) Establishes a School Nutrition Optional Block Grant Demonstration Program.
Subtitle B: Child Nutrition Act of 1966 - Amends the Child Nutrition Act of 1966 (CNA) to revise and streamline its provisions.
(Sec. 921) Revises the special milk program to replace a reference to the Trust Territory of the Pacific Islands with a reference to the Commonwealth of the Northern Mariana Islands.
(Sec. 922) Provides that, after the initial submission, a school shall not be required to submit a free and reduced price policy statement to a State educational agency, unless there is a substantive change in the free and reduced price policy of the school (not a routine change in policy, such as an annual adjustment of the income eligibility guidelines for free and reduced price meals).
(Sec. 923) Revises the school breakfast program to eliminate Federal assistance for: (1) training and technical assistance in food preparation; and (2) program expansion and start-up costs.
(Sec. 924) Revises provisions for State administrative expenses (SAE) to eliminate: (1) State authority to use a portion of SAE finds for commodity distribution administration; and (2) a requirement that States participate in certain agricultural studies. Provides that States, after initial submission of the State plan, must only submit substantive changes for approval.
(Sec. 925) Revises provisions for regulations to: (1) eliminate requirements for developing model competitive food language; and (2) modify requirements relating to transfer of funds.
(Sec. 926) Eliminates a prohibition against imposition by States of requirements with respect to teaching personnel, curriculum, instruction, and instructional methods and materials at any school (but retains the prohibition against imposition of such requirements by the Secretary).
(Sec. 927) Revises definitions to remove an outdated reference involving Puerto Rico.
(Sec. 928) Provides that accounts and records must be available at any reasonable time (rather than at all times).
(Sec. 929) Revises the special supplemental program for women, infants, and children (WIC).
Adds a limit of not more than 90 days of temporary residence to the definition of homeless, for WIC eligibility purposes.
Eliminates WIC provisions for: (1) mandatory drug abuse education (making it optional); (2) promotion of WIC by the Secretary; (3) reports by the Secretary and the National Advisory Council on Maternal, Infant, and Fetal Nutrition (also providing for Council election of Chair and Vice-Chair); (4) required drug abuse education, and substance abuse counseling and treatment information, by agencies (making these optional); (5) evaluation of nutrition education and breastfeeding promotion; (6) master file information requirements relating to nutrition education; (7) required State plans to provide services to those most in need and to prisoners; (8) conversion of competitive bidding savings; (9) required additional information from State agencies to the Secretary; (10) required State procedures for general public comments on the State plan; (11) certain required State agency publicity and information, notices, staffing standards, and policies on those not fulfilling appointment schedules; (12) products specifically designed for WIC recipients; (13) required provision by the Secretary of education in languages other than English and of information about other potential information sources (making these optional); (14) certain procedures for solicitation of bids by the Secretary; and (15) certain cost reduction promotion and information by the Secretary.
Requires State agencies to submit WIC plans for: (1) coordinating with other services or programs that might benefit WIC recipients; and (2) improving access to WIC for participants and prospective applicants who are employed or who reside in rural areas. Provides that States, after initial submission of the State plan, must only submit substantive changes for approval. Provides that accounts and records must be available at any reasonable time (rather than at all times).
Eliminates WIC provisions for: (1) product code pilot projects; (2) required infrastructure development and breastfeeding promotion funding (making these optional); (3) community college demonstration projects; and (4) authority to make grants for information and data systems.
Disqualifies approved WIC vendors that are disqualified from accepting benefits under the food stamp program.
(Sec. 930) Eliminates provisions authorizing cash grants for nutrition education.
(Sec. 931) Revises provisions for nutrition education and training.
Makes the Nutrition and Education program discretionary rather than mandatory. Authorizes appropriations.
Eliminates nutrition and education program provisions for: (1) certain requirements for use of funds; (2) assessment of nutrition education and training needs; (3) certain requirements relating to nutrition coordinators' duties; and (4) the Secretary's assessment of nutrition education and training.
(Sec. 932) Eliminates the breastfeeding promotion program.
Title X: Food Stamps and Commodity Distribution - Food Stamp Reform and Commodity Distribution Act of 1995 - Subtitle A: Food Stamp Program - Amends the Food Stamp Act of 1977 (Act) to establish a maximum 24-month food stamp program (program) authorization period for households whose adult members are elderly or disabled.
(Sec. 1012) Expands the definition of "coupon."
(Sec. 1013) Treats children who are themselves parents living with their children and married children living with their spouses as part of an existing household rather than as a separate household.
(Sec. 1014) Authorizes States to establish additional criteria for separate household determinations.
(Sec. 1015) Revises thrifty food plan adjustment requirements.
(Sec. 1016) Revises the definition of "homeless individual" to limit the length of time a person may temporarily live in another person's residence.
(Sec. 1018) Revises household income exclusion provisions regarding: (1) students; and (2) Federal energy assistance.
(Sec. 1020) Revises household income deduction provisions regarding: (1) standard deductions; (2) earned income; (3) dependent care; (4) child support payments; (5) homeless shelter assistance; (6) excess medical expenses; and (7) excess shelter expenses.
(Sec. 1021) Eliminates specified excludable auto value increases and establishes the maximum excludable auto value at $4600.
(Sec. 1022) Includes as household income third party payments for transitional housing for the homeless.
(Sec. 1023) Increases penalties for certain program violations.
(Sec. 1024) Disqualifies permanently an individual convicted of specified coupon violations.
(Sec. 1025) Revises work requirement and employment and training provisions. Extends employment and training funding authorizations.
(Sec. 1028) Authorizes comparable program disqualification based upon welfare or public assistance disqualification.
(Sec. 1029) Disqualifies permanently an individual who participates in the program in two or more States.
(Sec. 1030) Disqualifies a fleeing felon from program participation.
(Sec. 1031) Requires at State option: (1) cooperation with child support agencies in order to maintain program eligibility; and (2) program disqualification for child support arrears.
(Sec. 1033) Defines "work program." Makes nonexempt persons ineligible for program benefits if during the preceding 12-month period they received food stamps for four months or more without working at least 20 hours per week, or participating in a workfare program. Sets forth exempted persons and situations.
(Sec. 1034) Directs States to implement electronic benefit transfer systems.
(Sec. 1035) Eliminates annual minimum allotment adjustments.
(Sec. 1037) Authorizes a combined allotment for expedited households.
(Sec. 1038) Authorizes program reductions for failure to comply with a public assistance reduction requirement.
(Sec. 1039) Authorizes program assistance for households residing in a homeless shelter or drug or alcohol treatment center.
(Sec. 1040) Provides that no food store or wholesale food concern be approved for program participation without a prior visit by a Department of Agriculture employee, or whenever possible, a designated State or local official.
(Sec. 1041) Directs the Secretary of Agriculture (Secretary) to establish authorization periods for retail food stores and wholesale food concerns to redeem food stamps or benefits through an electronic benefit transfer system.
(Sec. 1042) Includes income and sales tax information among the types of eligibility verification information that may be requested.
(Sec. 1043) Establishes a six-month reapplication waiting period for a store that does not meet participation requirements.
(Sec. 1044) Revises: (1) food stamp office operating provisions; and (2) expedited coupon service requirements.
(Sec. 1045) Eliminates certain certification personnel training requirements.
(Sec. 1046) Provides for the exchange of information with law enforcement or Immigration and Naturalization Service personnel.
(Sec. 1048) Authorizes a family to withdraw a fair hearing request.
(Sec. 1049) Permits States to use income, and immigration eligibility verification systems other than the system used in part A (General Provisions) of title XI (General Provisions and Peer Review) of the Social Security Act.
(Sec. 1050) Provides for disqualification of a store: (1) that knowingly submits a falsified application; and (2) that is disqualified from the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC).
(Sec. 1052) Directs program overissuances to be collected by: (1) allotment reduction; (2) unemployment compensation withholding; or (3) Federal pay or Federal income tax refund recovery.
(Sec. 1053) Authorizes suspension of a store pending administrative and judicial review. (States that the Secretary shall not be liable for lost sales during such period.)
(Sec. 1054) Establishes criminal forfeiture penalties for specified program violations.
(Sec. 1055) Terminates Federal matching requirements for program recruitment activities.
(Sec. 1057) Authorizes States to use funds otherwise available to a participating household for a work supplementation or support program. Sets forth program provisions.
(Sec. 1058) Authorizes waiver of program requirements as necessary to conduct related pilot projects. Authorizes appropriations.
(Sec. 1061) Authorizes States to carry out private sector employment initiatives. Sets forth program provisions.
(Sec. 1062) Authorizes appropriations for: (1) program operations; and (2) Puerto Rico block grants.
(Sec. 1064) Authorizes States to carry out a Simplified Food Stamp Program in lieu of existing program requirements. Sets forth Program provisions.
(Sec. 1065) Establishes an optional State food assistance block grant program in lieu of the food stamp program. Sets forth program provisions.
(Sec. 1066) Authorizes obligation of funds through FY 2002 for a nutrition assistance program for American Samoa.
(Sec. 1067) Authorizes grants for community food projects.
Subtitle B: Commodity Distribution Programs - Amends the Agriculture and Consumer Protection Act of 1973 to extend the commodity distribution and the commodity supplemental food programs through FY 2002.
(Sec. 1072) Amends the Emergency Food Assistance Act of 1983 to combine the emergency food assistance program with the soup kitchen- food bank program. Authorizes appropriations through FY 2002. Amends the Act to direct the Secretary to purchase commodities for such combined programs.
(Sec. 1073) Amends the Charitable Assistance and Food Bank Act of 1987 to repeal the food bank demonstration project.
(Sec. 1074) Makes conforming amendments to the Hunger Prevention Act of 1988.
(Sec. 1076) Amends the Agriculture and Food Act of 1981 to extend the program of private company reprocessing of commodities into end- food products through FY 2002.
Title XI: Miscellaneous - Provides, among other things, for: (1) the expenditure of Federal funds received by a State under TEA and certain other Federal programs only in accordance with laws and procedures applicable to expenditure of the State's own revenues; (2) elimination of housing assistance with respect to fugitive felons and probation and parole violators; (3) certain options for State consideration of the resources of an ineligible household member when determining the food stamp eligibility and allotment of such individual's household; and (4) an increase in funding for abstinence education under SSA title V (Maternal and Child Health Services).
(Sec. 1103) Expresses the sense of the Senate that Congress should adopt enterprise zone legislation in the 104th Congress providing for various specified incentives, regulatory reforms, and pilot projects.
(Sec. 1104) Expresses the sense of the Senate that States: (1) should diligently continue their efforts to enforce child support payments by the non-custodial parent; and (2) are encouraged to pursue pilot programs in which the parents of a non-adult, non-custodial parent who refuses to or is unable to pay child support must pay or contribute to the child support owed by the non-custodial parent or otherwise fulfill all financial obligations and meet all conditions imposed on the non-custodial parent, such as participation in a work program or other related activity.
(Sec. 1106) Directs the HHS Secretary to: (1) implement a certain strategy for preventing out-of-wedlock teenage pregnancies and assuring that at least 25 percent of U.S. communities have teenage pregnancy prevention programs; and (2) report to the Congress on the State programs so implemented to determine their progress.
(Sec. 1107) Expresses the sense of the Senate that States and local jurisdictions should aggressively enforce statutory rape laws.
(Sec. 1108) Declares that States shall not be prohibited by the Federal Government from sanctioning welfare recipients who test positive for use of controlled substances.
(Sec. 1110) Amends the Electronic Fund Transfer Act to generally exempt from the required disclosures, protections, responsibilities, and authorized remedies of such Act, and any implementing regulation prescribed by the Federal Reserve Board, any electronic benefit transfer program established under State or local law or administered by a State or local government that distributes needs-tested benefits.
(Sec. 1111) Amends SSA title XX (Block Grants to States for Social Services) to reduce the authorization of appropriations for social services block grants beginning in FY 1997.