S.1120 - Work Opportunity Act of 1995104th Congress (1995-1996)
|Sponsor:||Sen. Dole, Robert J. [R-KS] (Introduced 08/03/1995)|
|Committees:||Senate - Finance|
|Latest Action:||Senate - 08/03/1995 Read twice and referred to the Committee on Finance. (All Actions)|
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Summary: S.1120 — 104th Congress (1995-1996)All Information (Except Text)
Introduced in Senate (08/03/1995)
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: Studies Regarding Supplemental Security
Subtitle D: National Commission on the Future of
Subtitle E: State Supplementation Programs
Title III: Food Stamp Reform
Subtitle A: Food Stamp Reform
Subtitle B: Anti-Fraud and Trafficking
Title IV: Child Nutrition Programs
Subtitle A: Reimbursement Rates
Subtitle B: Grant Programs
Subtitle C: Other Amendments
Subtitle D: Reauthorization
Title V: Noncitizens
Title VI: Child Care
Title VII: Workforce Development and Workforce Preparation
Subtitle A: General Provisions
Subtitle B: Statewide Workforce Development Systems
Subtitle C: Job Corps and Other Workforce Preparation
Activities for At-Risk Youth
Subtitle D: Transition Provisions
Subtitle E: National Activities
Subtitle F: Repeals of Employment and Training and
Vocational and Adult Education Programs
Title VIII: Workforce Development-Related Activities
Subtitle A: Amendments to the Rehabilitation Act of 1973
Subtitle B: Amendments to Immigration and Nationality Act
Title IX: Child Support
Subtitle A: Eligibility for Services; Distribution of Payments
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 Orders
Subtitle G: Enforcement of Support Orders
Subtitle H: Medical Support
Subtitle I: Enhancing Responsibility and Opportunity
for Nonresidential Parents
Subtitle J: Effect of Enactment
Title X: Reform of Public Housing
Work Opportunity Act of 1995 - Title I: Block Grants For Temporary Assistance For Needy Families - Replaces the current Aid to Families with Dependent Children (AFDC) and Job Opportunities and Basic Skills Training (JOBS) programs under parts A and F of title IV of the Social Security Act (SSA) with a program of block grants to the States for temporary assistance for needy families with minor children (TEA program). Gives such program the stated purpose of increasing State flexibility in operating a program with mandatory work and education requirements (as well as certain penalties against adult family members on TEA assistance who refuse to work) as well as adult- supervised living arrangements for unmarried teenage parents designe: o: (1) provide certain time-limited assistance to needy families with minor children that enter into a personal responsibility contract with the State, with certain exceptions involving minor children and hardship situations; (2) provide job preparation and opportunities for such families, including opportunities to participate in State-approved job placement agency services; and (3) prevent and reduce the incidence of out-of-wedlock pregnancies. Denies TEA assistance for fugitive felons and probation and parole violators.
(Sec. 101) Expresses the sense of the Congress that: (1) each State operating a TEA program is encouraged to assign the highest priority to requiring adults in two-parent families and adults in single-parent families that include older preschool or school-age children to be engaged in work activities; and (2) prevention of out-of-wedlock pregnancy and reduction in out-of-wedlock births are very important Government interests and the policy contained in the provisions of this title is intended to address the crisis.
Establishes in the Treasury a revolving Federal Loan Fund for State Welfare Programs for loans to any loan-eligible State for conducting welfare anti-fraud and other specified activities.
Outlines program audit and data collection and reporting as well as certain study requirements.
Authorizes the Secretary of Health and Human Services (HHS) to conduct research, evaluations, and national studies with regard to programs funded under this title.
Directs the Bureau of the Census to expand the Survey of Income and Program Participation as necessary to obtain such information as 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 other appropriate low-income families.
Addresses the treatment of existing State AFDC waivers in effect or approved by the Secretary as of October 1, 1995.
Provides for the treatment of Indian tribes with regard to grant amounts and other specified program matters affecting Indians.
Makes the Assistant Secretary for Family Support within HHS the official responsible for administering SSA title IV part A and D (Child Support and Establishment of Paternity) programs.
(Sec. 102) Allows States to contract with charitable, religious, and private organizations to provide services and administer programs established or modified by this Act.
(Sec. 103) Prohibits financial assistance provided under such programs from being expended for any sectarian purpose or activity, including sectarian worship or instruction.
(Sec. 104) Provides for continued application of current AFDC standards under the Medicaid program under SSA title XIX.
(Sec. 105) Specifies reductions in HHS personnel the Secretary must make with regard to positions relating to an activity previously authorized under the former AFDC and JOBS programs.
(Sec. 107) Makes conforming amendments to the Food Stamp Act of 1977 and related provisions of other specified Federal laws.
Title II: Supplemental Security Income - Subtitle A: Eligibility Restrictions - Amends SSA title XVI (Supplemental Security Income) (SSI) to: (1) deny SSI by reason of disability to drug addicts and alcoholics; (2) revise representative payee requirements; (3) provide for limited eligibility of certain noncitizens for SSI benefits; (4) deny SSI benefits for ten years to individuals found to have fraudulently misrepresented residence in order to obtain benefits simultaneously in two or more States; (5) deny SSI benefits for fugitive felons and probation and parole violators; and (6) provide for exchange of SSI information with law enforcement agencies.
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. Requires the Commissioner of Social Security to redetermine the eligibility of any individual under age 18 who is receiving SSI benefits based on a disability as of the date of the enactment of this Act and whose eligibility for such benefits may terminate by reason of the above amendments.
(Sec. 212) Provides that not less frequently than 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, which is unlikely to improve, at the option of the Commissioner). Requires a parent or guardian 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, of the condition which was the basis for providing benefits under the SSI program.
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.
Outlines specific requirements governing: (1) continuing disability reviews for low birth weight babies; and (2) benefit payments through representative payees to eligible individuals and their spouses.
Subtitle C: Studies Regarding Supplemental Security Income Program - Requires the Commissioner of Social Security to report annually to the President and the Congress regarding the SSI program.
(Sec. 222) Requires the Commissioner to issue a request for comments in the Federal Register regarding improvements to the disability evaluation and determination procedures for individuals under age 18 to ensure the comprehensive assessment of such individuals.
Directs the Commissioner to review such comments and issue any regulations implementing any necessary changes not later than 18 months after this Act is enacted.
(Sec. 223) Requires the Commissioner to make arrangements with the National Academy of Sciences, or other independent entity, to study the disability determination process under SSA titles II and XVI for reports to the President and the Congress.
(Sec. 224) Directs the Comptroller General to study and report on the impact of the amendments made by, and the provisions of, this title on the SSI program.
Subtitle D: 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, including the programs under SSA titles II and XVI, with resulting recommendations for appropriate action submitted to the President and the Congress.
Subtitle E: State Supplementation Programs - Repeals maintenance of effort requirements applicable to optional State programs for supplementation of SSI benefits.
Title III: Food Stamp Program - Subtitle A: Food Stamp Reform - Amends the Food Stamp Act of 1977 (Act) to establish a maximum 24-month food stamp program (program) authorization period for certain households.
(Sec. 303) Authorizes States to establish additional criteria for separate household determinations.
(Sec. 304) Revises thrifty food plan adjustment requirements.
(Sec. 305) Revises the definition of "homeless individual" to limit the length of time a person may temporarily live in another person's residence.
(Sec. 307) Revises household income exclusion provisions regarding: (1) students; and (2) Federal energy assistance.
(Sec. 309) Revises household income deduction provisions regard: : (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. 310) Eliminates specified excludable auto value increases.
(Sec. 311) Revises the scope of sponsor-attributed income and resources regarding alien program eligibility.
(Sec. 312) Revises work requirement and employment and training provisions. Extends employment and training funding authorizations.
(Sec. 315) Authorizes comparable program disqualification based upon welfare or public assistance disqualification.
(Sec. 316) 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. 318) Disqualifies permanently an individual who participates in the program in two or more States.
(Sec. 319) Defines "work program."
(Sec. 320) Exempts electronic transfers of program benefits from specified disclosure, protection, and remedy provisions.
(Sec. 321) Eliminates annual minimum allotment adjustments.
(Sec. 323) Authorizes a combined allotment for expedited households.
(Sec. 324) Authorizes program reductions for failure to comply with a public assistance reduction requirement.
(Sec. 325) Authorizes program assistance for households residing in a homeless shelter or drug or alcohol treatment center.
(Sec. 327) Eliminates certain certification personnel training requirements.
(Sec. 328) Provides for the exchange of information with Federal, State, or local law enforcement authorities, including the Immigration and Naturalization Service, under specified circumstances.
(Sec. 329) Revises expedited coupon service requirements.
(Sec. 330) Authorizes a family to withdraw a fair hearing request.
(Sc. 331) Permits States to use income and 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. 130) 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. 333) Terminates Federal matching requirements for program informational activities.
(Sec. 335) Authorizes States to use funds otherwise available to a participating household for a work supplementation or support program. Sets forth program provisions.
(Sec. 336) Authorizes waiver of program requirements as necessary to conduct related pilot projects. Authorizes appropriations.
(Sec. 339) Authorizes States to carry out private sector employment initiatives. Sets forth program provisions.
(Sec. 340) Authorizes appropriations for: (1) program operations; and (2) Puerto Rico block grants.
(Sec. 342) Authorizes States to carry out a Simplified Food Program in lieu of existing program requirements. Sets forth Program provisions.
(Sec. 343) Establishes an optional State food assistance block grant program. Sets forth program provisions.
Subtitle B: Anti-Fraud and Trafficking - Amends the Act to expand the definition of "coupon."
(Sec. 352) Increases penalties for specified food stamp program (program) violations.
(Sec. 353) Authorizes the Secretary of Agriculture to establish specific time periods for: (1) retain food stores and wholesale food concerns (stores) to apply for program participation; and (2) prohibition of program participation based on lack of business integrity.
(Sec 355) Includes income and sales tax information among the types of eligibility verification information which may be requested.
(Sec. 356) Establishes a six-month reapplication waiting period for a store that does not meet participation requirements.
(Sec. 358) 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. 359) Provides for disqualification of a store that is disqualified from the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC).
(Sec. 360) Provides for permanent disqualification of a store that knowingly submits a falsified application.
(Sec. 361) Establishes criminal forfeiture penalties for specified program violations.
Title IV: Child Nutrition Programs - Subtitle A: Reimbursement Rates - Amends the National School Lunch Act (NSLA) to terminate the additional lunch payment for schools with high percentages of free or reduced price lunches.
(Sec. 402) Revises NSLA annual adjustment provisions for: (1) value of food assistance; and (2) lunches, breakfasts, and supplements.
(Sec. 404) Revises NSLA service institution payment provisions for the summer food service program for children.
(Sec. 405) Amends the Child Nutrition Act of 1966 (CNA) to revise annual adjustment provisions for: (1) the special milk program; and (2) the school breakfast program.
(Sec. 407) Conforms reimbursement for CNA school breakfasts with that for NSLA school lunches.
Subtitle B: Grant Programs - Amends CNA to: (1) terminate school breakfast startup grants; and (2) reduce annual authorization of appropriations for nutrition education and training programs.
Subtitle C: Other Amendments - Amends NSLA and CNA to set forth free and reduced price policy statements for the school lunch program and the school breakfast program.
(Sec. 422) Revises NSLA provisions for the summer food service program for children. Allows participating school food authorities to permit a child to refuse not more than one item of a meal that the child does not intend to consume. Provides that a refusal of an offered food shall not affect the amount of payments to a school for the meal. Removes a requirement that States submit a plan or schedule as part of notice to institutions.
(Sec. 423) Revises NSLA provisions for the child and adult care food program with respect to payments to certain sponsor employees. Revises provisions regarding day care home reimbursements. Requires reservation of certain funds for grants to States for assistance for family or group day care homes. Requires Federal and State provision of certain data to family or group day care home sponsoring organizations. Disallows certain meal claims. Eliminates certain requirements involving State paperwork and outreach. Requires States to provide training, technical assistance, and monitoring.
(Sec. 424) Requires a review of all NSLA and CNA reporting requirements and a report recommending elimination of any that impose a paperwork burden on agencies and schools which cannot be justified by their contribution to program effectiveness.
Subtitle D: Reauthorization - Amends the Agriculture and Consumer Protection Act of 1973 to reauthorize appropriations for the commodity distribution program.
(Sec. 432) Amends the Emergency Food Assistance Act of 1983 and the Omnibus Budget Reconciliation Act of 1993 to extend authority and reauthorize appropriations for the emergency food assistance program.
(Sec. 433) Amends the Hunger Prevention Act of 1988 to reauthorize appropriations for the soup kitchens program.
(Sec. 434) Amends the Agriculture and Food Act of 1981 to extend authority for processing of agricultural commodities into food products.
(Sec. 435) Amends the Agriculture and Consumer Protection Act of 1973 to extend authority for the commodity supplemental food program.
Title V: Noncitizens - Gives States the option of prohibiting the use of any grant funds received under SSA title IV part A, or the new optional State food assistance block grant program established under title III of this Act, for the provision of assistance under the related State programs for an individual who is not a citizen or national of the United States.
(Sec. 502) Provides that, for purposes of determining the eligibility of an individual (whether a citizen or national of the United States or an alien) for assistance, and the amount of assistance, under any Federal program of assistance provided or funded, in whole or in part, by the Federal Government for which eligibility for benefits is based on need, certain described income and resources pertaining to the individual's sponsor shall, in spite of any other provision of law, be deemed to be the income and resources of such individual.
Applies such requirement for the period for which the sponsor has agreed, in an affidavit or agreement, to provide support for such individual, or for a period of five years beginning on the date such individual was first lawfully in the United States after the execution of such affidavit or agreement, whichever period is longer.
Outlines similar deemed income authority for State and local programs of assistance authorized under Federal law for which eligibility is based on need.
Exempts from such restrictions eligibility for emergency medical services under Medicaid, short-term emergency disaster relief, assistance or benefits under the National School Lunch Act, assistance or benefits under the Child Nutrition Act of 1966, and public health assistance for immunizations with respect to immunizable diseases and for testing and treatment for communicable diseases under certain conditions.
(Sec. 503) Details the limited eligibility of noncitizens for SSI benefits.
Title VI: Child Care - Child Care and Development Block Grant Amendments Act of 1995 - Amends the Child Care and Development Block Grant Act of 1990 to consolidate Federal child care programs.
(Sec. 602) Extends the authorization of appropriations under the Act.
Revises provisions for the lead agency to allow such agency to administer the financial assistance received by the State under the act either directly or through other governmental or nongovernmental agencies. Requires sufficient time and statewide distribution for the notice of the public hearing on child care services provision under the State plan.
Revises provisions for the State application and plan.
Eliminates a requirement that providers that are not required to be licensed or regulated under State or local law be required to register with the State before payment is made under the Act. Requires the State to implement mechanisms to ensure that appropriate payment mechanisms exist so that proper payments under this subchapter will be made to providers. Directs the Secretary of Health and Human Services to develop minimum child care standards, appropriately reflective of tribal needs and available resources, applicable to Indian tribes and tribal organization receiving assistance under the Act.
Reduces from 25 to 15 percent of annual assistance to a State the set-aside for quality of child care and before- and after-school and early childhood development services. Applies such set-aside, however, only to child care quality improvement activities and no longer to early childhood development and before- and after-school care services. Adds a limitation on administrative costs.
Requires the sliding fee scale to ensure a representative distribution of funding among the working poor and recipients of Federal welfare assistance.
Expands eligibility criteria to include families earning up to 100 percent (currently 75 percent) of the State median family income.
Revises requirements relating to quality improvement activities to include: (1) under resource and referral programs, consumer education, referrals honoring parental choice, and activities to improve quality and availability of child care; and (2) under other activities, increasing availability of care before- and after-school, for infants, and during nontraditional work hours.
Repeals a requirement that States expend a specified minimum amount of reserved funds for early childhood development and before- and after-school services.
Revises requirements for enforcement and for reports.
Authorizes the Secretary to permit an Indian tribe or organization to use certain assistance to construct or renovate facilities that will be used to carry out child care programs. Provides for reallocation of assistance to other Indian tribes or organizations under certain conditions.
Allows use of child care certificates as deposits.
Includes among eligible child care providers those who care for an eligible great grandchild or sibling (if in the latter case the provider lives in a separate residence). Eliminates certain registration requirements for providers who are relatives.
(Sec. 603) Repeals: (1) the State Dependent Care Development Grants Act; and (2) the Child Development Associate Scholarship Assistance Act of 1985.
Title VII: Workforce Development and Workforce Preparation Activities - Subtitle A: General Provisions - Workforce Development Act of 1995 - Sets forth congressional findings, purposes of this title, and the definitions of terms used in this title and title VIII.
Subtitle B: Statewide Workforce Development Systems - Establishes a program of assistance for Statewide workforce development systems.
(Sec. 711) Directs the Governing Board of the Workforce Development Partnership (Federal Partnership, established under this Act) (Governing Board) to make allotments, for program years 1998 and subsequent, to States to help pay costs of establishing and carrying out activities through statewide workforce development systems.
(Sec. 712) Sets forth formulae for such State allotments.
(Sec. 713) Requires States to apportion such allotment funds by specified percentages among workforce employment activities, workforce education activities, and flexible workforce activities.
(Sec. 714) Sets forth requirements relating to State plans describing: (1) the strategic plan for the statewide system, including flexible workforce activities, and, if appropriate, economic development activities; (2) workforce employment activities; and (3) workforce education activities.
(Sec. 715) Authorizes Governors of States receiving such allotments to establish State workforce development boards with certain membership requirements and functions.
(Sec. 716) Sets forth required and authorized uses of funds under this title.
Requires funds for workforce employment activities to be used for: (1) one-stop delivery of specified core services; (2) a statewide comprehensive labor market information system; and (3) a job placement accountability system. Allows such funds to also be used for: (1) specified permissible one-stop delivery activities; (2) other specified permissible activities which may be provided through vouchers, including certain forms of training, supportive, and followup services; (3) staff development and training; and (4) incentive grant awards to substate areas that reach or exceed State benchmarks.
Requires State educational agencies to use funds for workforce education activities to carry out, through the statewide system, activities that include: (1) integrating academic and vocational education; (2) linking secondary and postsecondary education (including implementing tech-prep programs); (3) career guidance and counseling at the earliest possible age; (4) literacy and basic education for adults and out-of-school youth, including those in correctional institutions; (5) secondary education completion programs for adults and out-of-school youth; (6) improving vocational education programs; and (7) improving access to quality vocational education programs for at-risk youth. Sets forth certain fiscal requirements for such workplace education activities.
Requires States to use a portion of the funds for flexible workforce activities (flex account funds) to carry out school-to-work activities through the statewide system (except that any State that received a grant under specified provisions of the School-to-Work Opportunities Act of 1994 must use such portion to support continued development of the statewide School-to-Work Opportunities system through continuing activities in accordance with such grant). Allows States to use a portion of such flex account funds for workforce employment and workforce education activities. Allows States that meet specified requirements to use a portion of flex account funds for specified economic development activities relating to workforce training and skills upgrading.
Sets forth limitations on use of funds and on individual participation under this title.
(Sec. 717) Outlines provisions for supporting Indian and Native Hawaiian workforce development activities and associated supplemental services for Indian and Native Hawaiian youth and public assistance recipients on or near reservation areas.
(Sec. 718) Directs the Governing Board, using certain funds made available below, to make grants to outlying areas to carry out workforce development activities.
(Sec. 721) Provides for local uses of funds under this title, including: (1) local apportionment by activity, distributing 75 percent of workforce employment activities funds to local entities and 80 percent of workforce education activities funds to certain educational entities; (2) distributions for secondary school vocational education, for postsecondary and adult vocational education, and for adult education; and (3) minimal allocations and redistribution. Provides for States to enter into local agreements regarding workforce employment activities, school-to-work activities, and economic development activities to be carried out in each substate area with local partnerships (or, where established, workforce development boards).
(Sec. 731) Provides for: (1) accountability; and (2) incentives and sanctions.
(Sec. 733) Amends the Social Security Act with respect to the Unemployment Trust Fund to make Federal Unemployment Tax Act (FUTA) revenues available for statewide workforce development systems to the extent they are used to carry out specified core services relating to job search, placement assistance and labor market information provided through the one-stop career centers.
(Sec. 734) Authorizes appropriations to carry out this Act (other than subtitle C below). Sets forth certain reservations of funds.
Subtitle C: Job Corps and Other Workforce Preparation Activities for At-Risk Youth - Requires a State to use a portion of its allotment for workforce preparation activities for at-risk youth to maintain any Job Corps Center located in that State and carry out specified activities for Job Corps enrollees assigned there, if such center received assistance under the Job Training Partnership Act (JTPA) for FY 1996 and was not closed in accordance with specified provisions.
(Sec. 744) Limits eligibility for the Job Corps to at-risk youth.
(Sec. 745) Provides for Job Corps: (1) screening and selection of applicants; (2) enrollment and assignment; (3) centers' development, character, activities, operators, and inclusion of Civilian Conservation Centers; (4) program activities; (5) support by States of enrollees through personal allowances; (6) State operating plans; (7) standards of conduct; (8) community participation; and (9) counseling and placement.
(Sec. 754) Directs the Secretary of Labor to offer leases and sales of Job Corps centers, for nominal consideration, to States with approved State plans.
(Sec. 755) Provides for closure of certain Job Corps centers. Directs the Governing Board to conduct a national Job Corps audit, report to the appropriate congressional committees, and report recommendations to the Secretary of Labor, including identification of 25 Job Corps centers to be closed by September 30, 1997. Directs the Secretary, after reviewing such report, to close 25 centers by such date.
(Sec. 756) Amends JTPA to set forth requirements for interim operating plans for Job Corps centers.
(Sec. 759) Directs the Governing Board, for program years 1998 and subsequent, to make allotments to States to help pay for carrying out specified workforce preparation activities for at-risk youth. Sets forth provisions for core required activities, permissible activities, allotment formulas, State plans, applications, and within-State distribution.
(Sec. 241) Authorizes appropriations to carry out this subtitle.
Subtitle D: Transition Provisions - Authorizes the Secretary (of Labor or of Education or of Health and Human Services, depending on the covered activity) to waive, during a transition period, any requirement under any provision of law (or regulation under it) relating to a covered activity for States or localities that request such waivers and comply with specified requirements. Requires States to submit interim State plans to the Governing Board in order for a State or locality to use such transition waivers.
(Sec. 765) Authorizes interim appropriations under the Older American Community Service Employment Act, the Carl D. Perkins Vocation and Applied Technology Education Act, and other specified Acts.
Subtitle E: National Activities - Establishes the Workforce Development Partnership (Federal Partnership) as a Government corporation, with a Governing Board and an Office of Inspector General, to administer activities under this Act. Authorizes appropriations.
(Sec. 772) Directs the Assistant Secretary for Educational Research and Improvement to: (1) conduct a national assessment of vocational education programs assisted under this Act, through studies and analyses conducted independently through competitive awards; and (2) appoint an independent advisory board to advise on implementation of such assessment.
(Sec. 773) Directs the Governing Board to oversee development and continuous improvement of a nationwide integrated labor market information system. Sets forth Federal, joint Federal-State, and State responsibilities with respect to labor market information.
(Sec. 774) Authorizes the Governing Board to a competitive grant to an institution of higher education, a public or private nonprofit organization or agency, or a consortium to establish a National Center for Research in Education and Workforce Development.
(Sec. 775) Transfers to the Federal Partnership, as of June 30, 1998, all functions of the Secretaries of Labor and of Education (including those of their Offices of Inspector General) that relate to a covered activity and are minimally necessary to carrying out Federal Partnership functions. Provides for: (1) determinations of functions by the Board, including Board review of a proposed transition workplan of the Secretaries; (2) personnel, delegation and assignment, reorganization, and rulemaking powers; (3) transfer and allocations of appropriations and personnel; (4) incidental transfers, effect on personnel, and savings provisions; (5) a transition period; and (6) Board recommendations for additional legislation.
(Sec. 776) Transfers to the appropriate receiving agency all functions that do not relate to a covered activity, but that the Secretaries of Labor and of Education, acting through the Employment and Training Administration (ETA) and the Office of Vocational and Adult Education (OVAE), respectively, exercised before June 30, 1998. Directs the Secretaries to submit, for Board review, a proposed transition workplan that includes determinations of: (1) ETA and OVAE functions that do not relate to a covered activity; and (2) appropriate receiving agencies for such functions.
(Sec. 777) Terminates OVAE and ETA on July 1, 1998 (as well as any authority granted them or any of their units by any reorganization plan).
Subtitle F: Repeals of Employment and Training and Vocational and Adult Education Programs - Repeals: (1) the State Legalization Impact Assistance Grant program under the Immigration Reform and Control Act of 1986; (2) specified Federal law to assist workers displaced by the expansion of the Redwood National Park; (3) the Displaced Homemakers Self-Sufficiency Assistance Act; (4) provisions for Appalachian vocational and other educational facilities and operations under the Appalachian Regional Development Act of 1965; (5) the Job Training for the Homeless demonstration program under the Stewart B. McKinney Homeless Assistance Act; (6) specified Federal transportation law for assistance by the Secretary of Transportation for certain human resource programs relating to mass transportation; and (7) specified Federal transportation law provisions for a program of protection and rehiring of certain dislocated airline employees, and assistance for them from an Airline Employee Protective Account administered by the Department of Labor.
Repeals as of July 1, 1998: (1) trade adjustment assistance services under the Trade Act of 1974; (2) the Adult Education Act; (3) the Carl D. Perkins Vocational and Applied Technology Act; (4) the School-to-Work Opportunities Act of 1994; (5) the Wagner-Peyser Act (employment services); (6) the Job Training Partnership Act; (7) community service employment for older Americans under the Older Americans Act of 1965; and (8) programs of Adult Education for the Homeless and of Education for Homeless Children and Youth under the Stewart B. McKinney Homeless Assistance Act.
(Sec. 782) Makes conforming amendments to various Federal laws, reflecting such immediate and subsequent repeals.
Title VIII: Workforce Development-Related Activities - Subtitle A: Amendments to the Rehabilitation Act of 1973 - Amends the Rehabilitation Act of 1973 (RA) to repeal authorities relating to consolidated rehabilitation plans.
(Sec. 805) Authorizes the Commissioner of the Rehabilitation Administration to provide assistance to achieve participation by individuals with disabilities in activities carried out through a statewide workforce development system.
(Sec. 808) Revises a declaration of policy to include references to linkages between the RA vocational rehabilitation program and other integral components of the statewide workforce development system.
(Sec. 810) Revises provisions for individualized written rehabilitation programs, and renames them as individualized employment plans.
(Sec. 811) Revises the scope of vocational rehabilitation services to eliminate surgery from the authorized uses of funds. Removes the qualification that small business operators' disabilities must be most severe in order for them to receive certain management services and supervision from State agencies.
(Sec. 812) Provides for linkages between members of State Rehabilitation Advisory Councils and State workforce development boards.
(Sec. 813) Requires consistency between RA evaluation standards and performance indicators and State benchmarks established under this Act.
(Sec. 814) Repeals authority for Innovation and Expansion Grants (part C of title I Vocational Rehabilitation Services under RA).
Subtitle B: Amendments to Immigration and Nationality Act - Prohibits State use of certain funds under the Immigration and Nationality Act for workforce employment activities under this Act.
Title: X: 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. 902) Revises payment distribution guidelines for support obligations collected by the State on behalf of a family.
(Sec. 903) Requires State plans to establish procedural guidelines for: (1) notification of all proceedings and orders affecting child support obligations; and (2) privacy safeguards regarding paternity and child support actions.
Subtitle B: Locate and Case Tracking - Mandates that the single statewide automated data system 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. 912) Requires State plans to include a centralized, automated unit for the collection and disbursement of support payments.
(Sec. 913) 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. 914) Requires the 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. 915) 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. 916) 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. 917) Requires the States to have statutorily prescribed procedures requiring recordation on such documents of the Social Security number of: (1) specified driver's, marriage, and occupational, and professional license applicants; (2) individuals subject to certain domestic relations orders; and (3) death records.
Subtitle C: Streamlining and Uniformity of Procedures - Requires each State to have the Uniform Interstate Family Support Act in effect as of January 1, 1997. 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. 923) 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.
(Sec. 933) 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 - Revises the guidelines for Federal performance-based incentive payments to the States for effective child support enforcement programs.
(Sec. 942) 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. 944) Revises the automated data processing requirements for State plans to mandate a single statewide automated data processing and information retrieval system which can perform specified tasks.
(Sec. 945) 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 - Establishes the National Child Support Guidelines Commission to determine the need for consideration by the Congress of national child support guidelines.
(Sec. 952) Revises the requirements for State plan procedures for the review and adjustment of support orders.
(Sec. 953) 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. 954) 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 the 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. 962) 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. 964) 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. 965) 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 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. 970) Requires the Secretary of State to deny, revoke, or limit a passport upon certification of nonpayment of child support.
(Sec. 971) Authorizes the Secretary of State to negotiate reciprocal agreements with foreign nations: (1) regarding international enforcement of child support obligations; and (2) designating the Department of Health and Human Services as the central authority for such enforcement.
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. 976) 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 absent parents' access to their children.
Subtitle J: Effect of Enactment - Sets forth effective dates for the provisions of this Act.
Title X: Reform of Public Housing - Amends the United States Housing Act of 1937 with respect to public housing provisions regarding: (1) ceiling rents; and (2) adjusted and earned income.
(Sec. 1003) Exempts tenants from certain labor standards provisions.
(Sec. 1004) Prohibits increased housing assistance to a family whose benefits under other public assistance programs have been reduced because of noncompliance.
(Sec. 1005) Applies the provisions of this title to Indian housing.