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AMENDMENTS SUBMITTED
(Senate - September 07, 1995)

Text of this article available as: TXT PDF [Pages S12842-S12870] AMENDMENTS SUBMITTED ______ THE FAMILY SELF-SUFFICIENCY ACT OF 1995 ______ BROWN (AND OTHERS) AMENDMENT NO. 2465 Mr. BROWN (for himself, Mr. Moynihan, Mr. Simpson, Mr. Murkowski, Mr. Kohl, Mr. Campbell, Mr. Feingold, Mr. Byrd, and Mr. Helms) proposed an amendment to amendment No. 2280 proposed by Mr. Dole to the bill (H.R. 4) to restore the American family, reduce illegitimacy, control welfare spending and reduce welfare dependence; as follows: At the appropriate place, insert the following: SEC. . EXPENDITURE OF FEDERAL FUNDS IN ACCORDANCE WITH LAWS AND PROCEDURES APPLICABLE TO EXPENDITURE OF STATE FUNDS. (a) In General.--Notwithstanding any other provision of law, any funds received by a State under the provisions of law specified in subsection (b) shall be expended only in accordance with the laws and procedures applicable to expenditures of the State's own revenues, including appropriation by the State legislature, consistent with the terms and conditions required under such provisions of law. (b) Provisions of Law.--The provisions of law specified in this subsection are the following: (1) Part A of title IV of the Social Security Act (relating to block grants for temporary assistance to needy families). (2) Section 25 of the Food Stamp Act of 1977 (relating to the optional State food assistance block grant). (3) Subtitles B and C of title VII of this Act (relating to workforce development). (4) The Child Care and Development Block Grant Act of 1990 (relating to block grants for child care). ______ MOYNIHAN AMENDMENT NO. 2466 Mr. MOYNIHAN proposed an amendment to amendment No. 2280 proposed by Mr. Dole to the bill H.R. 4, supra; as follows: In lieu of the matter proposed to be inserted, insert the following: SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Family Support Act of 1995''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. References to Social Security Act. TITLE I--STRENGTHENING THE JOBS PROGRAM Sec. 101. Increase in required JOBS participation rates. Sec. 102. Promoting work. Sec. 103. Funding for the JOBS program and child care. Sec. 104. Evaluation of the JOBS program. TITLE II--AID TO FAMILIES WITH DEPENDENT CHILDREN Subtitle A--Requirements for Teenage Parents Sec. 201. Case management for parents under age 20. Sec. 202. Participation in educational activity. Sec. 203. Living arrangement requirements. [[Page S 12843]] Subtitle B--State Flexibility Part I--Establishment of Interagency Welfare Review Board Sec. 211. Interagency Welfare Review Board. Sec. 212. Waiver application. Sec. 213. Review and approval of applications. Sec. 214. Definition of State. Part II--Additional Provisions Concerning Waivers Sec. 221. Schedule for consideration of waiver applications. Sec. 222. State authority to establish certain AFDC rules. Sec. 223. Waiver authority for the JOBS program. TITLE III--CHILD SUPPORT ENFORCEMENT Sec. 300. Short title. Subtitle A--Improvements to the Child Support Collection System Part I--Eligibility and Other Matters Concerning Title IV-D Program Clients Sec. 301. Cooperation requirement and good cause exception. Sec. 302. State obligation to provide paternity establishment and child support enforcement services. Sec. 303. Distribution of payments. Sec. 304. Rights to notification and hearings. Sec. 305. Privacy safeguards. Part II--Program Administration and Funding Sec. 311. Federal matching payments. Sec. 312. Performance-based incentives and penalties. Sec. 313. Federal and State reviews and audits. Sec. 314. Required reporting procedures. Sec. 315. Automated data processing requirements. Sec. 316. Director of CSE program; staffing study. Sec. 317. Funding for secretarial assistance to State programs. Sec. 318. Data collection and reports by the Secretary. Part III--Locate and Case Tracking Sec. 321. Central State and case registry. Sec. 322. Centralized collection and disbursement of support payments. Sec. 323. Amendments concerning income withholding. Sec. 324. Locator information from interstate networks. Sec. 325. Expanded Federal parent locator service. Sec. 326. Use of social security numbers. Part IV--Streamlining and Uniformity of Procedures Sec. 331. Adoption of uniform State laws. Sec. 332. Improvements to full faith and credit for child support orders. Sec. 333. State laws providing expedited procedures. Part V--Paternity Establishment Sec. 341. State laws concerning paternity establishment. Sec. 342. Outreach for voluntary paternity establishment. Part VI--Establishment and Modification of Support Orders Sec. 351. National Child Support Guidelines Commission. Sec. 352. Simplified process for review and adjustment of child support orders. Part VII--Enforcement of Support Orders Sec. 361. Federal income tax refund offset. Sec. 362. Internal Revenue Service collection of arrearages. Sec. 363. Authority to collect support from Federal employees. Sec. 364. Enforcement of child support obligations of members of the Armed Forces. Sec. 365. Voiding of fraudulent transfers. Sec. 366. State law authorizing suspension of licenses. Sec. 367. Reporting arrearages to credit bureaus. Sec. 368. Extended statute of limitation for collection of arrearages. Sec. 369. Charges for arrearages. Sec. 370. Denial of passports for nonpayment of child support. Part VIII--Medical Support Sec. 381. Technical correction to ERISA definition of medical child support order. Part IX--Access and Visitation Programs Sec. 391. Grants to States for access and visitation programs. Subtitle B--Effect of Enactment Sec. 395. Effective dates. Sec. 396. Severability. TITLE IV--SUPPLEMENTAL SECURITY INCOME Sec. 401. Revised regulations applicable to the determination of disability in individuals under the age of 18. Sec. 402. Directory of services. Sec. 403. Use of standardized tests and their equivalent. Sec. 404. Graduated benefits for additional children. Sec. 405. Treatment requirements for disabled individuals under the age of 18. Sec. 406. Special accounts for individuals under the age of 18. Sec. 407. Continuing disability reviews for individuals under the age of 18. Sec. 408. Coordination of services for SSI children. TITLE V--MISCELLANEOUS PROVISIONS Sec. 501. Uniform alien eligibility criteria for public assistance programs. Sec. 502. Deeming of sponsor's income and resources to an alien under the supplemental security income, aid to families with dependent children, and food stamp programs. Sec. 503. Adjustment to thrifty food plan. Sec. 504. Failure to comply with other welfare and public assistance programs. SEC. 2. REFERENCES TO SOCIAL SECURITY ACT. Except as otherwise specifically provided, whenever in this Act an amendment is expressed in terms of an amendment to or repeal of a section or other provision, the reference shall be considered to be made to that section or other provision of the Social Security Act (42 U.S.C. 301 et seq.). TITLE I--STRENGTHENING THE JOBS PROGRAM SEC. 101. INCREASE IN REQUIRED JOBS PARTICIPATION RATES. (a) In General.--Section 403(l)(3) (42 U.S.C. 603(l)(3)) is amended-- (1) in subparagraph (A)-- (A) in clause (v), by striking ``and''; (B) in clause (vi), by striking the period and inserting ``or 1996;''; and (C) by adding at the end the following new clauses: ``(vii) 30 percent if such year is 1997; ``(viii) 35 percent if such year is 1998; ``(ix) 40 percent if such year is 1999; ``(x) 45 percent if such year is 2000; and ``(xi) 50 percent if such year is 2001 or any year thereafter.''; and (2) in subparagraph (B)-- (A) in clause (ii)(IV), by striking ``fiscal years 1994 and 1995'' and inserting ``any fiscal year beginning after fiscal year 1993''; and (B) in clause (iii), by striking subclauses (I) and (II) and inserting the following: ``(I) the average monthly number of individuals required or allowed by the State to participate in the program under part F who have participated in such program in months in the computation period (including individuals who combine employment and participation in such program for an average of 20 hours a week in that month in such period), plus the number of individuals who are employed for an average of 20 hours a week in that month in such period, divided by ``(II) the average monthly number of individuals required to participate under the program under part F in such period (other than individuals described in subparagraph (C)(iii)(I) or (D) of section 402(a)(19) with respect to whom the State has exercised its option to require their participation), minus the average monthly number of individuals who are being sanctioned in such period pursuant to section 402(a)(19)(G).''. (b) Conforming Amendments.--The Family Support Act of 1988 (42 U.S.C. 1305 note) is amended by striking section 204(b)(2). SEC. 102. PROMOTING WORK. (a) Increased Employment and Job Retention.--Section 481(a) (42 U.S.C. 681(a)) is amended to read as follows: ``Sec. 481. (a) Purpose.--It is the purpose of this part to assist each State in providing such services as the State determines to be necessary to-- ``(1) enable individuals receiving assistance under part A to enter employment as quickly as possible; ``(2) increase job retention; and ``(3) ensure that needy families with children obtain the education, training, and employment that will help them avoid long-term welfare dependence.''. (b) State Agency Responsibilities.--Section 482(a)(2) (42 U.S.C. 682(a)(2)) is amended-- (1) by striking ``(2) The'' and inserting ``(2)(A) The''; and (2) by adding at the end the following new subparagraphs: ``(B) The State agency shall establish procedures to-- ``(i) encourage the placement of participants in jobs as quickly as possible, including using performance measures that reward staff performance, or such other management practice as the State may choose; and ``(ii) assist participants in retaining employment after they are hired. ``(C) The Secretary shall provide technical assistance and training to States to assist the States in implementing effective management practices and strategies in order to achieve the purpose of this part.''. (c) Services and Activities Under the JOBS Program.-- Section 482(d)(1)(A)(i) (42 U.S.C. 682(d)(1)(A)(i)) is amended-- (1) in the matter preceding subclause (I), by striking ``shall'' and inserting ``may''; and (2) in subclause (I), by striking ``(as appropriate)'' and all that follows through the semicolon and inserting a semicolon. (d) Job Placement Voucher Program.-- (1) Addition of program.--Section 482 (42 U.S.C. 682) is amended-- (A) in subsection (d)(1)(A)(ii)-- (i) in subclause (III), by striking ``and'' at the end; (ii) in subclause (IV), by striking the period and inserting ``; and''; and (iii) by adding at the end the following new subclause: ``(V) a job placement voucher program as described in subsection (h).''; [[Page S 12844]] (B) by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and (C) by inserting after subsection (g), the following subsection: ``(h) Job Placement Voucher Program.--(1) The State agency may establish and operate a job placement voucher program for individuals participating in the program under this part. ``(2) A State that elects to operate a job placement voucher program under this subsection-- ``(i) shall establish eligibility requirements for participation in the job placement voucher program; and ``(ii) may establish other requirements for such voucher program as the State deems appropriate. ``(3) A job placement voucher program operated by a State under this subsection shall include the following requirements: ``(A) The State shall identify, maintain, and make available to an individual applying for or receiving assistance under part A a list of State-approved job placement organizations that offer services in the area where the individual resides and a description of the job placement and support services each such organization provides. Such organizations may be publicly or privately owned and operated. ``(B)(i) An individual determined to be eligible for assistance under part A shall, at the time the individual becomes eligible for such assistance-- ``(I) receive the list and description described in subparagraph (A); ``(II) agree, in exchange for job placement and support services, to-- ``(aa) execute, within a period of time permitted by the State, a contract with a State-approved job placement organization which provides that the organization shall attempt to find employment for the individual; and ``(bb) comply with the terms of the contract; and ``(III) receive a job placement voucher (in an amount to be determined by the State) for payment to a State-approved job placement organization. ``(ii) The State shall impose the sanctions provided for in section 402(a)(19)(G) on any individual who does not fulfill the terms of a contract executed with a State-approved job placement organization. ``(C) At the time an individual executes a contract with a State-approved job placement organization, the individual shall provide the organization with the job placement voucher that the individual received pursuant to subparagraph (B). ``(D)(i) A State-approved job placement organization may redeem for payment from the State not more than 25 percent of the value of a job placement voucher upon the initial receipt of the voucher for payment of costs incurred in finding and placing an individual in an employment position. The remaining value of such voucher shall not be redeemed for payment from the State until the State-approved job placement organization-- ``(I) finds an employment position (as determined by the State) for the individual who provided the voucher; and ``(II) certifies to the State that the individual remains employed with the employer that the organization originally placed the individual with for the greater of-- ``(aa) 6 continuous months; or ``(bb) a period determined by the State. ``(ii) A State may modify, on a case-by-case basis, the requirement of clause (i)(II) under such terms and conditions as the State deems appropriate. ``(E)(i) The State shall establish performance-based standards to evaluate the success of the State job placement voucher program operated under this subsection in achieving employment for individuals participating in such voucher program. Such standards shall take into account the economic conditions of the State in determining the rate of success. ``(ii) The State shall, not less than once a fiscal year, evaluate the job placement voucher program operated under this subsection in accordance with the performance-based standards established under clause (i). ``(iii) The State shall submit a report containing the results of an evaluation conducted under clause (ii) to the Secretary and a description of the performance-based standards used to conduct the evaluation in such form and under such conditions as the Secretary shall require. The Secretary shall review each report submitted under this clause and may require the State to revise the performance- based standards if the Secretary determines that the State is not achieving an adequate rate of success for such State.''. (2) Conforming amendments.--Title IV (42 U.S.C. 681 et seq.) is amended-- (A) in section 403(l) (42 U.S.C. 603(l))-- (i) in paragraph (1)(A), by striking ``482(i)(2)'' and inserting ``482(j)(2)''; and (ii) in paragraph (4)(A)(i), by inserting ``a job placement voucher program,'' after ``on-the-job training,''; and (B) in section 431(a)(6) (42 U.S.C. 629a(a)(6))-- (i) by striking ``482(i)(5)'' and inserting ``482(j)(5)''; and (ii) by striking ``482(i)(7)(A)'' and inserting ``482(j)(7)(A)''. (3) Effective date.--The amendments made by paragraphs (1) and (2) shall be effective with respect to calendar quarters beginning with the second calendar quarter beginning after the date of the enactment of this Act. (e) Elimination of Requirement To Provide Educational Activities to Individuals Age 20 or Older; Permitting States To Provide Employment Services for Non-Custodial Parents.-- Section 482(d) (42 U.S.C. 682(d)) is amended-- (1) by striking paragraph (2); (2) by redesignating paragraph (3) as paragraph (2); and (3) in paragraph (2), as so redesignated-- (A) by striking ``up to 5''; and (B) by striking the second sentence. (f) Increase in Period in Which Earned Income Disregard May Apply Under Work Supplementation Program.--Section 482(e) (42 U.S.C. 682(e)) is amended in paragraphs (2)(G) and (4), by striking ``9 months'' and inserting ``12 months''. (g) State Flexibility for the Job Search Program.--Section 482(g) (42 U.S.C. 682(g)) is amended-- (1) in paragraph (2)-- (A) by inserting ``, and subject to paragraph (3),'' after ``section 402(a)(19)(B)(i)''; and (B) by striking ``applies)--'' and all that follows through the period at the end and inserting ``applies) at such time or times as the State agency may determine.''; and (2) in paragraph (3), by inserting ``, not including any period of job search that occurred at the same time that the individual was participating in another activity under this part'' after ``12 months''. SEC. 103. FUNDING FOR THE JOBS PROGRAM AND CHILD CARE. (a) Funding for the JOBS Program.-- (1) Increase in funding.--Section 403(k)(3) (42 U.S.C. 603(k)(3)) is amended-- (A) in subparagraph (E), by striking ``and''; and (B) by striking subparagraph (F) and inserting the following: ``(F) $1,200,000,000 in the case of the fiscal year 1996, ``(G) $1,300,000,000 in the case of the fiscal year 1997, ``(H) $1,600,000,000 in the case of the fiscal year 1998, ``(I) $1,900,000,000 in the case of the fiscal year 1999, ``(J) $2,200,000,000 in the case of the fiscal year 2000, and ``(K) $2,500,000,000 in the case of the fiscal year 2001, and each succeeding fiscal year,''. (2) Applicable percentages.-- (A) In general.--Section 403(l)(1) (42 U.S.C. 603(l)(1)) is amended-- (i) by striking ``(l)(1)(A) In lieu'' and inserting ``(l)(1) In lieu''; and (ii) by striking ``(including expenditures'' and all that follows through subparagraph (B), and inserting ``an amount equal to the greater of-- ``(A) 70 percent; or ``(B) the Federal medical assistance percentage (as defined in section 1118 in the case of any State to which section 1108 applies, or as defined in section 1905(b) in the case of any other State) plus ten percentage points, in the case of expenditures made by a State in operating such a program for in a fiscal year.''. (B) Conforming amendments.--Section 403(l) (42 U.S.C. 603(l)) is amended-- (i) in paragraph (2)(A), by striking ``paragraph (1)(A)'' and inserting ``paragraph (1)''; and (ii) in paragraph (3)(C), by striking ``paragraph (1)(A)'' and inserting ``paragraph (1)''. (b) Funding for Child Care.-- (1) Funding for jobs and transitional child care.-- (A) In general.--Section 402(g)(3)(A) (42 U.S.C. 602(g)(3)(A)) is amended to read as follows: ``(3)(A) In the case of amounts expended for child care pursuant to clause (i) or (ii) of paragraph (1)(A), the applicable rate for purposes of section 403(a) shall be the greater of-- ``(i) 70 percent; or ``(ii) the Federal medical assistance percentage (as defined in section 1118 in the case of any State to which section 1108 applies, or as defined in section 1905(b) in the case of any other State) plus ten percentage points.''. (B) Extension of the transitional child care program.-- Section 304(b) of the Family Support Act of 1988 (42 U.S.C. 602 note) is amended-- (i) by striking ``(1)''; and (ii) by striking paragraph (2). (2) Funding for at-risk child care.--Section 403(n)(1)(A) (42 U.S.C. 603(n)(1)(A)) is amended to read as follows: ``(A) 70 percent, or, if higher, the Federal medical assistance percentage (as defined in section 1118 in the case of any State to which section 1108 applies, or as defined in section 1905(b) in the case of any other State) plus ten percentage points, of the expenditures by the State in providing child care services pursuant to section 402(i), and in administering the provision of such child care services, for any fiscal year; and''. (c) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of the enactment of this Act. (2) Applicable percentages.--The amendments made by subsections (a)(2) and (b) shall take effect on October 1, 1996. SEC. 104. EVALUATION OF THE JOBS PROGRAM. (a) Evaluation Objectives and Development.-- (1) Objectives.--The Secretary shall develop and implement a plan for evaluating [[Page S 12845]] the programs operated by the States under part F of title IV of the Social Security Act (42 U.S.C. 681 et seq.). Such plan shall be designed to develop information to-- (A) assess the impacts of such programs with respect to-- (i) cost effectiveness; (ii) the level of earnings achieved; (iii) welfare receipt; (iv) job retention; (v) the effects on children; and (vi) such other factors as the Secretary may determine; (B) provide guidance to the Secretary in making any necessary changes and improvements in the performance standards required by section 487 of such Act (42 U.S.C. 687); and (C) enable the Secretary to provide technical assistance to the States to assist them in improving such programs and in meeting such standards. (2) Development of plan.--The plan described in paragraph (1) shall be developed by the Secretary in consultation with representatives of the States. (b) Definitions.--For purposes of this section: (1) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (2) State.--The term ``State'' means any of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for fiscal years 1996 through 2000 for the purpose of carrying out the provisions of this section. Any sums so appropriated shall remain available until expended. TITLE II--AID TO FAMILIES WITH DEPENDENT CHILDREN Subtitle A--Requirements for Teenage Parents SEC. 201. CASE MANAGEMENT FOR PARENTS UNDER AGE 20. (a) In General.--Section 482(b) (42 U.S.C. 682(b)) is amended by adding at the end the following new paragraph: ``(4) Case manager.--The State agency shall-- ``(A) assign a case manager to each custodial parent receiving aid under part A who is under age 20; ``(B) provide that case managers will have the training necessary (taking into consideration the recommendations of appropriate professional organizations) to enable them to carry out their responsibilities and will be assigned a caseload the size of which permits effective case management; and ``(C) provide that the case manager will be responsible for-- ``(i) assisting such parent in obtaining appropriate services, including at a minimum, parenting education, family planning services, education and vocational training, and child care and transportation services, ``(ii) making the determinations required to implement the provision of section 402(a)(43), ``(iii) monitoring such parent's compliance with all program requirements, and, where appropriate, providing incentives and applying sanctions, and ``(iv) providing general guidance, encouragement, and support to assist such parent in his or her role as a parent and in achieving self-sufficiency.''. (b) Effective Date.--The amendment made by this section shall be effective with respect to calendar quarters beginning on or after October 1, 1996. SEC. 202. PARTICIPATION IN EDUCATIONAL ACTIVITY. (a) In General.--Section 402(a)(19)(E) (42 U.S.C. 602(a)(19)(E)) is amended to read as follows: ``(E) that the State agency shall-- ``(i) in the case of a custodial parent who has not attained 20 years of age, has not successfully completed a high school education (or its equivalent), and is required to participate in the program (including an individual who would otherwise be exempt from participation in the program solely by reason of subparagraph (C)(iii)), require such parent to-- ``(I) attend school, ``(II) participate in a program that combines classroom and job training, or ``(III) work toward attainment of a high school education (or its equivalent); ``(ii) in the case of custodial parent who has not attained 20 years of age, but has successfully completed a high school education (or its equivalent), and is required to participate in the program (including an individual who would otherwise be exempt from participation in the program solely by reason of subparagraph (C)(iii)), require such parent to participate in a JOBS activity (including a work activity) approved by the State; ``(iii) establish criteria in accordance with regulations of the Secretary under which a custodial parent described in clauses (i) and (ii) who has not attained 20 years of age may be exempted from the requirements under such clause but the number of such parents exempted from such requirements shall not exceed 50 percent in fiscal year 2000 or any fiscal year thereafter; and ``(iv) at the option of the State, some or all custodial parents who are under age 20 (and pregnant women under age 20) who are receiving aid under this part will be required to participate in a program of monetary incentives and penalties, consistent with subsection (j);''. (b) State Option To Provide Additional Incentives and Penalties To Encourage Teenage Parents To Complete High School--Section 402 (42 U.S.C. 602) is amended by adding at the end the following new subsection: ``(j)(1) If a State chooses to conduct a program of monetary incentives and penalties to encourage custodial parents (and pregnant women) who are under age 20 to complete their high school (or equivalent) education, and participate in parenting activities, the State shall amend its State plan-- ``(A) to specify the one or more political subdivisions in which the State will conduct the program (or other clearly defined geographic area or areas), and ``(B) to describe its program in detail. ``(2) A program under this subsection-- ``(A) may, at the option of the State, include all such parents who are under age 21; ``(B) may, at the option of the State, require full-time participation in secondary school or equivalent educational activities, or participation in a course or program leading to a skills certificate found appropriate by the State agency or parenting education activities (or any combination of such activities and secondary education); ``(C) shall require that the case manager assigned to the custodial parent pursuant to paragraph (3) or (4) of section 482(b) will review the needs of such parent and will assure that, either in the initial development or revision of the parent's employability plan, there will be included a description of the services that will be provided to the parent and the way in which the case manager and service providers will coordinate with the educational or skills training activities in which the custodial parent is participating; ``(D) shall provide monetary incentives for more than minimally acceptable performance of required educational activities; and ``(E) shall provide penalties which may be those required by subsection (a)(19)(G) or, with the approval of the Secretary, other monetary penalties that the State finds will better achieve the objectives of the program. ``(3) When a monetary incentive is payable because of the more than minimally acceptable performance of required educational activities by a custodial parent, the incentive shall be paid directly to such parent, regardless of whether the State agency makes payment of aid under the State plan directly to such parent. ``(4)(A) For purposes of this part, monetary incentives paid under this subsection shall be considered aid to families with dependent children. ``(B) For purposes of any other Federal or federally assisted program based on need, no monetary incentive paid under this subsection shall be considered income in determining a family's eligibility for or amount of benefits under such program, and if aid is reduced by reason of a penalty under this subsection, such other program shall treat the family involved as if no such penalty has been applied. ``(5) The State agency shall from time to time provide such information as the Secretary may request, and otherwise cooperate with the Secretary, in order to permit evaluation of the effectiveness on a broad basis of the State's program conducted under this subsection.''. (c) Effective Date.--The amendments made by this section shall be effective with respect to calendar quarters beginning on or after October 1, 1996. SEC. 203. LIVING ARRANGEMENT REQUIREMENTS. (a) In General.--Section 402(a)(43) (42 U.S.C. 602(a)(43)) is amended-- (1) in the matter preceding subparagraph (A), by striking ``at the option of the State,'', (2) in subparagraph (A), by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, (3) by striking ``(A) subject to subparagraph (B),'' and inserting ``(A)(i) subject to clause (ii),'', (4) in subclause (II) of subparagraph (A)(i), as redesignated-- (A) by striking ``(where possible)'', and (B) by striking ``or other adult relative'' and inserting ``other adult relative, or other adult supervising the living arrangement'', and (5) by striking subparagraph (B) and inserting the following: ``(ii) clause (i) does not apply in any case in which the State agency-- ``(I) determines that the physical or emotional health or safety of such individual or such dependent child would be jeopardized if such individual and such dependent child lived in the same residence with such individual's own parent or legal guardian; or ``(II) otherwise determines in accordance with regulations issued by the Secretary that there is good cause for waiving such clause; and ``(B) if an individual is not residing in an alternative adult-supervised living arrangement that is approved by the State agency, the State agency (in consultation with the child welfare agency) is required to assist the individual in locating an appropriate living arrangement;''. (b) Effective Date.--The amendments made by this section shall be effective with respect to calendar quarters beginning on or after October 1, 1997. [[Page S 12846]] Subtitle B--State Flexibility PART I--ESTABLISHMENT OF INTERAGENCY WELFARE REVIEW BOARD SEC. 211. INTERAGENCY WELFARE REVIEW BOARD. (a) Establishment and Purpose.--In order to facilitate the consideration of welfare program requirement waiver requests that involve more than 1 Federal department or agency, there is established an Interagency Welfare Review Board (hereafter in this part referred to as the ``Board''). (b) Membership.--The Board shall consist of the following members: (1) The Secretary of Agriculture (or the designee of the Secretary). (2) The Secretary of Health and Human Services (or the designee of the Secretary). (3) The Secretary of Housing and Urban Development (or the designee of the Secretary). (4) The Secretary of Labor (or the designee of the Secretary). (5) The Secretary of Education (or the designee of the Secretary). (6) Such other individuals as the President determines appropriate. (c) Chairperson.--The President shall appoint 1 member of the Board to serve as Chairperson of the Board. (d) Vacancies.--A vacancy in the position of Chairperson shall be filled in the manner in which the original appointment was made. (e) No Additional Compensation.--The members of the Board may not be provided additional pay, allowances, or benefits by reason of their service on the Board. (f) Powers.-- (1) Assistance of other federal entities.--A member of the Board shall detail to the Chairperson, on a nonreimbursable basis, such officers and employees of the department or agency headed by the member, and shall make available to the Chairperson such assistance as the Chairperson may require to carry out the activities of the Board. (2) Use of united states mails.--The Chairperson may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (g) Duties.-- (1) In general.--The Board shall act as the central organization for coordinating the review of applications submitted under section 212 by States for waivers from the requirements of eligible Federal low-income assistance programs that involve more than 1 department or agency of the Federal Government. (2) Duty to provide technical assistance.--The Board shall provide assistance and technical advice to entities submitting applications under section 212 and implementing an assistance plan under an application approved under section 213. SEC. 212. WAIVER APPLICATION. Any State that is receiving or is eligible to receive funds or other assistance under eligible Federal low-income assistance programs involving more than 1 Federal department or agency and desires a waiver authorized by law from the Federal requirements with respect to such programs may submit to the Board an application for such waiver. The application shall be submitted in the form and manner prescribed by the Board. SEC. 213. REVIEW AND APPROVAL OF APPLICATIONS. (a) Review of Applications.--The Board shall review a waiver application submitted under section 212 and issue an advisory opinion with respect to such waiver application. Final decisions with respect to the waiver application shall be made by the Secretaries of the departments or agencies that have responsibility for administering the programs with respect to which the waiver is sought. (b) Action on Application.--The Board shall establish a schedule for the consideration of a waiver application submitted under section 212, to assure that the State will receive a final decision from the Secretaries described in subsection (a) on the waiver application not later than 90 days after the date the completed application is received by the Board. SEC. 214. DEFINITION OF STATE. (a) In General.--For purposes of this part, the term ``State'' means any of the 50 States, the District of Columbia, Puerto Rico, American Samoa, Guam, and the Virgin Islands. (b) Indian Tribes.--In the case of an eligible Federal low- income assistance program under which aid or assistance is provided with respect to an Indian tribe, the Indian tribal organization is deemed to be a State for purposes of this part. PART II--ADDITIONAL PROVISIONS CONCERNING WAIVERS SEC. 221. SCHEDULE FOR CONSIDERATION OF WAIVER APPLICATIONS. Section 1115 (42 U.S.C. 1315) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) by striking ``(a) In'' and inserting ``(a)(1) In''; and (3) by adding at the end the following new paragraph: ``(2) Not later than 90 days after the date a completed application from a State for a waiver under paragraph (1) is received by the Secretary, the Secretary shall approve or disapprove such application. In considering an application for a waiver, there shall be a presumption for approval in the case of a request for a waiver that is similar in substance and scale to one that the Secretary has previously approved.''. SEC. 222. STATE AUTHORITY TO ESTABLISH CERTAIN AFDC RULES. (a) In General.--Section 1115 (42 U.S.C. 1315) is amended by adding at the end the following new subsection: ``(e)(1) Any State having an approved plan under part A of title IV may, without receiving a waiver from the Secretary pursuant to this section or otherwise, establish any of the program changes described in paragraph (2) for purposes of providing aid or assistance under part A of such title. ``(2) The program changes described in this paragraph are the following: ``(A) Income and resource requirements other than those specified in section 402(a)(7) in order to test the effect of such requirements on an individual's effort to obtain employment. ``(B) Requirements relating to the disregard of income other than those specified in section 402(a)(8). ``(C) Standards for defining unemployment other than those prescribed by the Secretary pursuant to section 407(a). ``(D) Rules for the eligibility for aid or assistance under part A of title IV of an unemployed parent without regard to section 407(b)(1)(A)(iii). ``(3)(A) The Secretary shall evaluate a sufficient number of the program changes described in paragraph (2) which are established by a State in order to determine the impact of such changes on the receipt of aid to families with dependent children program under part A of title IV in such State, earnings achieved, costs to the Federal and State governments, and such other factors as the Secretary may determine. ``(B) Any State chosen by the Secretary for an evaluation under subparagraph (A) shall cooperate with such evaluation. ``(C) There are authorized to be appropriated such sums as may be necessary for the purpose of conducting evaluations under this paragraph. ``(4) The authority provided by paragraphs (1) and (2) of this subsection shall expire 5 years after the date on which this subsection takes effect.''. (b) Effective Date.--The amendment made by this section shall take effect on October 1, 1996. SEC. 223. WAIVER AUTHORITY FOR THE JOBS PROGRAM. Section 1115(a) (42 U.S.C. 1315(a)) is amended-- (1) in the matter preceding paragraph (1), by striking ``part A or D of title IV'' and inserting ``part A, D, or F of title IV''; (2) in paragraph (1), by inserting ``482,'' after ``454,''; and (3) in paragraph (2), by inserting ``402(g),'' after ``section 3,''. TITLE III--CHILD SUPPORT ENFORCEMENT SEC. 300. SHORT TITLE. This title may be cited as the ``Interstate Child Support Responsibility Act of 1995''. Subtitle A--Improvements to the Child Support Collection System PART I--ELIGIBILITY AND OTHER MATTERS CONCERNING TITLE IV-D PROGRAM CLIENTS SEC. 301. COOPERATION REQUIREMENT AND GOOD CAUSE EXCEPTION. (a) Child Support Enforcement Requirements.--Section 454 is amended-- (1) by striking ``and'' at the end of paragraph (23); (2) by striking the period at the end of paragraph (24) and inserting ``; and''; and (3) by adding after paragraph (24) the following new paragraph: ``(25) provide that the State agency administering the plan under this part-- ``(A) will make the determination specified under paragraph (4), as to whether an individual is cooperating with efforts to establish paternity and secure support (or has good cause not to cooperate with such efforts) for purposes of the requirements of sections 402(a)(26) and 1912; ``(B) will advise individuals, both orally and in writing, of the grounds for good cause exceptions to the requirement to cooperate with such efforts; ``(C) will take the best interests of the child into consideration in making the determination whether such individual has good cause not to cooperate with such efforts; ``(D)(i) will make the initial determination as to whether an individual is cooperating (or has good cause not to cooperate) with efforts to establish paternity within 10 days after such individual is referred to such State agency by the State agency administering the program under part A of title XIX; ``(ii) will make redeterminations as to cooperation or good cause at appropriate intervals; and ``(iii) will promptly notify the individual, and the State agencies administering such programs, of each such determination and redetermination; ``(E) with respect to any child born on or after the date 10 months after the date of the enactment of this provision-- ``(i) will not determine (or redetermine) the mother of such child to be cooperating with efforts to establish paternity unless the mother furnishes-- ``(I) the name of the putative father (or fathers); and ``(II) sufficient additional information to enable the State agency, if reasonable efforts were made, to verify the identity of the person named as the putative father (including such information as the putative father's present address, telephone number, date of birth, past or present place of employment, [[Page S 12847]] school previously or currently attended, and names and addresses of parents, friends, or relatives able to provide location information, or other information that could enable service of process on such person); and ``(ii) in the case of a caretaker who is not the mother and who is receiving payments for the child under part A, will determine (or redetermine) such caretaker to be reasonably cooperating with efforts to establish paternity under regulations prescribed by the Secretary; and ``(F)(i) (where a custodial parent who was initially determined not to be cooperating (or to have good cause not to cooperate) is later determined to be cooperating or to have good cause not to cooperate) will immediately notify the State agencies administering the programs under part A of title XIX that this eligibility condition has been met; and ``(ii) (where a custodial parent was initially determined to be cooperating (or to have good cause not to cooperate)) will not later determine such individual not to be cooperating (or not to have good cause not to cooperate) until such individual has been afforded an opportunity for a hearing.''. (b) AFDC Amendments.-- (1) Section 402(a)(11) is amended by striking ``furnishing of'' and inserting ``application for''. (2) Section 402(a)(26) is amended-- (A) in each of subparagraphs (A) and (B), by redesignating clauses (i) and (ii) as subclauses (I) and (II); (B) by indenting and redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iv), respectively; (C) in clause (ii), as redesignated-- (i) by striking ``is claimed, or in obtaining any other payments or property due such applicant or such child,'' and inserting ``is claimed;''; and (ii) by striking ``unless'' and all that follows through ``aid is claimed; and''; (D) by adding after clause (ii) the following new clause: ``(iii) to cooperate with the State in obtaining any other payments or property due such applicant or such child; and''; (E) in the matter preceding clause (i), as redesignated, to read as follows: ``(26) provide-- ``(A) that, as a condition of eligibility for aid, each applicant or recipient will be required (subject to subparagraph (C))--''; (F) in subparagraph (A)(iv), as redesignated, by striking ``, unless such individual'' and all that follows through ``individuals involved''; (G) by adding at the end the following new subparagraphs: ``(B) that the State agency will immediately refer each applicant requiring paternity establishment services to the State agency administering the program under part D; ``(C) that an individual will not be required to cooperate with the State, as provided under subparagraph (A), if the individual is found to have good cause for refusing to cooperate, as determined in accordance with standards prescribed by the Secretary, which standards shall take into consideration the best interests of the child on whose behalf aid is claimed-- ``(i) to the satisfaction of the State agency administering the program under part D, as determined in accordance with section 454(25), with respect to the requirements under clauses (i) and (ii) of subparagraph (A); and ``(ii) to the satisfaction of the State agency administering the program under this part, with respect to the requirements under clauses (iii) and (iv) of subparagraph (A); ``(D) that (except as provided in subparagraph (E)) an applicant requiring paternity establishment services (other than an individual eligible for emergency assistance as defined in section 406(e)) shall not be eligible for any aid under this part until such applicant-- ``(i) has furnished to the agency administering the State plan under part D the information specified in section 454(25)(E); or ``(ii) has been determined by such agency to have good cause not to cooperate; ``(E) that the provisions of subparagraph (D) shall not apply-- ``(i) if the State agency specified in such subparagraph has not, within 10 days after such individual was referred to such agency, provided the notification required by section 454(25)(D)(iii), until such notification is received; and ``(ii) if such individual appeals a determination that the individual lacks good cause for noncooperation, until after such determination is affirmed after notice and opportunity for a hearing; and''; and (H)(i) by relocating and redesignating as subparagraph (F) the text at the end of subparagraph (A)(ii) beginning with ``that, if the relative'' and all that follows through the semicolon; (ii) in subparagraph (F), as so redesignated and relocated, by striking ``subparagraphs (A) and (B) of this paragraph'' and inserting ``subparagraph (A)''; and (iii) by striking ``and'' at the end of subparagraph (a)(ii). (c) Medicaid Amendments.--Section 1912(a) is amended-- (1) in paragraph (1)(B), by inserting ``(except as provided in paragraph (2))'' after ``to cooperate with the State''; (2) in subparagraphs (B) and (C) of paragraph (1) by striking ``, unless'' and all that follows and inserting a semicolon; and (3) by redesignating paragraph (2) as paragraph (5), and inserting after paragraph (1) the following new paragraphs: ``(2) provide that the State agency will immediately refer each applicant or recipient requiring paternity establishment services to the State agency administering the program under part D of title IV; ``(3) provide that an individual will not be required to cooperate with the State, as provided under paragraph (1), if the individual is found to have good cause for refusing to cooperate, as determined in accordance with standards prescribed by the Secretary, which standards shall take into consideration the best interests of the individuals involved-- ``(A) to the satisfaction of the State agency administering the program under part D, as determined in accordance with section 454(25), with respect to the requirements to cooperate with efforts to establish paternity and to obtain support (including medical support) from a parent; and ``(B) to the satisfaction of the State agency administering the program under this title, with respect to other requirements to cooperate under paragraph (1); ``(4) provide that (except as provided in paragraph (5)) an applicant requiring paternity establishment services (other than an individual eligible for emergency assistance as defined in section 406(e), or presumptively eligible pursuant to section 1920) shall not be eligible for medical assistance under this title until such applicant-- ``(i) has furnished to the agency administering the State plan under part D of title IV the information specified in section 454(25)(E); or ``(ii) has been determined by such agency to have good cause not to cooperate; and ``(5) provide that the provisions of paragraph (4) shall not apply with respect to an applicant-- ``(i) if such agency has not, within 10 days after such individual was referred to such agency, provided the notification required by section 454(25)(D)(iii), until such notification is received); and ``(ii) if such individual appeals a determination that the individual lacks good cause for noncooperation, until after such determination is affirmed after notice and opportunity for a hearing.''. (d) Effective Date.--The amendments made by this section shall be effective with respect to applications filed in or after the first calendar quarter beginning 10 months or more after the date of the enactment of this Act (or such earlier quarter as the State may select) for aid under part A of title IV of the Social Security Act or for medical assistance under title XIX of such Act. SEC. 302. STATE OBLIGATION TO PROVIDE PATERNITY ESTABLISHMENT AND CHILD SUPPORT ENFORCEMENT SERVICES. (a) State Law Requirements.--Section 466(a) (42 U.S.C. 666(a)) is amended by adding at the end the following new paragraph: ``(12) Procedures under which-- ``(A) every child support order established or modified in the State on or after October 1, 1998, is recorded in the central case registry established in accordance with section 454A(e); and ``(B) child support payments are collected through the centralized collections unit established in accordance with section 454B-- ``(i) on and after October 1, 1998, under each order subject to wage withholding under section 466(b); and ``(ii) on and after October 1, 1999, under each other order required to be recorded in such central case registry under this paragraph or section 454A(e)-- ``(I) if requested by either party subject to such order, or ``(II) at the option of the State, regardless of whether application is made for services under this part.''. (b) State Plan Requirements.--Section 454 (42 U.S.C. 654) is amended-- (1) by striking paragraph (4) and inserting the following new paragraph: ``(4) provide that such State will undertake to provide appropriate services under this part to-- ``(A) each child with respect to whom an assignment is effective under section 402(a)(26), 471(a)(17), or 1912 (except in cases in which the State agency determines, in accordance with paragraph (25), that it is against the best interests of the child to do so); and ``(B) each child not described in subparagraph (A)-- ``(i) with respect to whom an individual applies for such services; or ``(ii) on and after October 1, 1998, with respect to whom a support order is recorded in the central State case registry established under section 454A, if application is made for services under this part;''; and (2) in paragraph (6)-- (A) by striking ``(6) provide that'' and all that follows through subparagraph (A) and inserting the following: ``(6) provide that-- ``(A) services under the State plan shall be made available to nonresidents on the same terms as to residents;''; (B) in subparagraph (B)-- (i) by inserting ``on individuals not receiving assistance under part A'' after ``such services shall be imposed''; and (ii) by inserting ``but no fees or costs shall be imposed on any absent or custodial parent or other individual for inclusion in the central State registry maintained pursuant to section 454A(e)''; and [[Page S 12848]] (C) in each of subparagraphs (B), (C), (D), and (E), by indenting such subparagraph and aligning its left margin with the left margin of subparagraph (A); and (D) in each of subparagraphs (B), (C), and (D), by striking the final comma and inserting a semicolon. (c) Conforming Amendments.-- (1) Paternity establishment percentage.--Section 452(g)(2)(A) (42 U.S.C. 652(g)(2)(A)) is amended by striking ``454(6)'' each place it appears and inserting ``454(4)(A)(ii)''. (2) State plan.--Section 454(23) (42 U.S.C. 654(23)) is amended, effective October 1, 1998, by striking ``information as to any application fees for such services and''. (3) Procedures to improve enforcement.--Section 466(a)(3)(B) (42 U.S.C. 666(a)(3)(B)) is amended by striking ``in the case of overdue support which a State has agreed to collect under section 454(6)'' and inserting ``in any other case''. (4) Definition of overdue support.--Section 466(e) (42 U.S.C. 666(e)) is amended by striking ``or (6)''. SEC. 303. DISTRIBUTION OF PAYMENTS. (a) Distributions Through State Child Support Enforcement Agency to Former Assistance Recipients.--Section 454(5) (42 U.S.C. 654(5)) is amended-- (1) in subparagraph (A)-- (A) by inserting ``except as otherwise specifically provided in section 464 or 466(a)(3),'' after ``is effective,''; and (B) by striking ``except that'' and all that follows through the semicolon; and (2) in subparagraph (B), by striking ``, except'' and all that follows through ``medical assistance''. (b) Distribution to a Family Currently Receiving AFDC.-- Section 457 (42 U.S.C. 657) is amended-- (1) by striking subsection (a) and redesignating subsection (b) as subsection (a); (2) in subsection (a), as redesignated-- (A) in the matter preceding paragraph (2), to read as follows: ``(a) In the Case of a Family Receiving AFDC.--Amounts collected under this part during any month as support of a child who is receiving assistance under part A (or a parent or caretaker relative of such a child) shall (except in the case of a State exercising the option under subsection (b)) be distributed as follows: ``(1) an amount equal to the amount that will be disregarded pursuant to section 402(a)(8)(A)(vi) shall be taken from each of-- ``(A) the amounts received in a month which represent payments for that month; and ``(B) the amounts received in a month which represent payments for a prior month which were made by the absent parent in that prior month; and shall be paid to the family without affecting its eligibility for assistance or decreasing any amount otherwise payable as assistance to such family during such month;''; (B) in paragraph (4), by striking ``or (B)'' and all that follows through the period and inserting ``; then (B) from any remainder, amounts equal to arrearages of such support obligations assigned, pursuant to part A, to any other State or States shall be paid to such other State or States and used to pay any such arrearages (with appropriate reimbursement of the Federal Government to the extent of its participation in the financing); and then (C) any remainder shall be paid to the family.''; and (3) by inserting after subsection (a), as redesignated, the following new subsection: ``(b) Alternative Distribution in Case of Family Receiving AFDC.--In the case of a State electing the option under this subsection, amounts collected as described in subsection (a) shall be distributed as follows: ``(1) an amount equal to the amount that will be disregarded pursuant to section 402(a)(8)(A)(vi) shall be taken from each of-- ``(A) the amounts received in a month which represent payments for that month; and ``(B) the amounts received in a month which represent payments for a prior month which were made by the absent parent in that prior month; and shall be paid to the family without affecting its eligibility for assistance or decreasing any amount otherwise payable as assistance to such family during such month; ``(2) second, from any remainder, amounts equal to the balance of support owed for the current month shall be paid to the family; ``(3) third, from any remainder, amounts equal to arrearages of such support obligations assigned, pursuant to part A, to the State making the collection shall be retained and used by such State to pay any such arrearages (with appropriate reimbursement of the Federal Government to the extent of its participation in the financing); ``(4) fourth, from any remainder, amounts equal to arrearages of such support obligations assigned, pursuant to part A, to any other State or States shall be paid to such other State or States and used to pay any such arrearages (with appropriate reimbursement of the Federal Government to the extent of its participation in the financing); and ``(5) fifth, any remainder shall be paid to the family.''. (c) Distribution to a Family Not Receiving AFDC.-- (1) In general.--Section 457(c) (42 U.S.C. 657(c)) is amended to read as follows: ``(c) Distributions In Case of Family Not Receiving AFDC.-- Amounts collected by a State agency under this part during any month as support of a child who is not receiving assistance under part A (or of a parent or caretaker relative of such a child) shall (subject to the remaining provisions of this section) be distributed as follows: ``(1) first, amounts equal to the total of such support owed for such month shall be paid to the family; ``(2) second, from any remainder, amounts equal to arrearages of such support obligations for months during which such child did not receive assistance under part A shall be paid to the family; ``(3) third, from any remainder, amounts equal to arrearages of such support obligations assigned to the State making the collection pursuant to part A shall be retained and used by such State to pay any such arrearages (with appropriate reimbursement of the Federal Government to the extent of its participation in the financing); and ``(4) fourth, from any remainder, amounts equal to arrearages of such support obligations assigned to any other State pursuant to part A shall be paid to such other State or States, and used to pay such arrearages, in the order in which such arrearages accrued (with appropriate reimbursement of the Federal Government to th

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AMENDMENTS SUBMITTED
(Senate - September 07, 1995)

Text of this article available as: TXT PDF [Pages S12842-S12870] AMENDMENTS SUBMITTED ______ THE FAMILY SELF-SUFFICIENCY ACT OF 1995 ______ BROWN (AND OTHERS) AMENDMENT NO. 2465 Mr. BROWN (for himself, Mr. Moynihan, Mr. Simpson, Mr. Murkowski, Mr. Kohl, Mr. Campbell, Mr. Feingold, Mr. Byrd, and Mr. Helms) proposed an amendment to amendment No. 2280 proposed by Mr. Dole to the bill (H.R. 4) to restore the American family, reduce illegitimacy, control welfare spending and reduce welfare dependence; as follows: At the appropriate place, insert the following: SEC. . EXPENDITURE OF FEDERAL FUNDS IN ACCORDANCE WITH LAWS AND PROCEDURES APPLICABLE TO EXPENDITURE OF STATE FUNDS. (a) In General.--Notwithstanding any other provision of law, any funds received by a State under the provisions of law specified in subsection (b) shall be expended only in accordance with the laws and procedures applicable to expenditures of the State's own revenues, including appropriation by the State legislature, consistent with the terms and conditions required under such provisions of law. (b) Provisions of Law.--The provisions of law specified in this subsection are the following: (1) Part A of title IV of the Social Security Act (relating to block grants for temporary assistance to needy families). (2) Section 25 of the Food Stamp Act of 1977 (relating to the optional State food assistance block grant). (3) Subtitles B and C of title VII of this Act (relating to workforce development). (4) The Child Care and Development Block Grant Act of 1990 (relating to block grants for child care). ______ MOYNIHAN AMENDMENT NO. 2466 Mr. MOYNIHAN proposed an amendment to amendment No. 2280 proposed by Mr. Dole to the bill H.R. 4, supra; as follows: In lieu of the matter proposed to be inserted, insert the following: SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Family Support Act of 1995''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. References to Social Security Act. TITLE I--STRENGTHENING THE JOBS PROGRAM Sec. 101. Increase in required JOBS participation rates. Sec. 102. Promoting work. Sec. 103. Funding for the JOBS program and child care. Sec. 104. Evaluation of the JOBS program. TITLE II--AID TO FAMILIES WITH DEPENDENT CHILDREN Subtitle A--Requirements for Teenage Parents Sec. 201. Case management for parents under age 20. Sec. 202. Participation in educational activity. Sec. 203. Living arrangement requirements. [[Page S 12843]] Subtitle B--State Flexibility Part I--Establishment of Interagency Welfare Review Board Sec. 211. Interagency Welfare Review Board. Sec. 212. Waiver application. Sec. 213. Review and approval of applications. Sec. 214. Definition of State. Part II--Additional Provisions Concerning Waivers Sec. 221. Schedule for consideration of waiver applications. Sec. 222. State authority to establish certain AFDC rules. Sec. 223. Waiver authority for the JOBS program. TITLE III--CHILD SUPPORT ENFORCEMENT Sec. 300. Short title. Subtitle A--Improvements to the Child Support Collection System Part I--Eligibility and Other Matters Concerning Title IV-D Program Clients Sec. 301. Cooperation requirement and good cause exception. Sec. 302. State obligation to provide paternity establishment and child support enforcement services. Sec. 303. Distribution of payments. Sec. 304. Rights to notification and hearings. Sec. 305. Privacy safeguards. Part II--Program Administration and Funding Sec. 311. Federal matching payments. Sec. 312. Performance-based incentives and penalties. Sec. 313. Federal and State reviews and audits. Sec. 314. Required reporting procedures. Sec. 315. Automated data processing requirements. Sec. 316. Director of CSE program; staffing study. Sec. 317. Funding for secretarial assistance to State programs. Sec. 318. Data collection and reports by the Secretary. Part III--Locate and Case Tracking Sec. 321. Central State and case registry. Sec. 322. Centralized collection and disbursement of support payments. Sec. 323. Amendments concerning income withholding. Sec. 324. Locator information from interstate networks. Sec. 325. Expanded Federal parent locator service. Sec. 326. Use of social security numbers. Part IV--Streamlining and Uniformity of Procedures Sec. 331. Adoption of uniform State laws. Sec. 332. Improvements to full faith and credit for child support orders. Sec. 333. State laws providing expedited procedures. Part V--Paternity Establishment Sec. 341. State laws concerning paternity establishment. Sec. 342. Outreach for voluntary paternity establishment. Part VI--Establishment and Modification of Support Orders Sec. 351. National Child Support Guidelines Commission. Sec. 352. Simplified process for review and adjustment of child support orders. Part VII--Enforcement of Support Orders Sec. 361. Federal income tax refund offset. Sec. 362. Internal Revenue Service collection of arrearages. Sec. 363. Authority to collect support from Federal employees. Sec. 364. Enforcement of child support obligations of members of the Armed Forces. Sec. 365. Voiding of fraudulent transfers. Sec. 366. State law authorizing suspension of licenses. Sec. 367. Reporting arrearages to credit bureaus. Sec. 368. Extended statute of limitation for collection of arrearages. Sec. 369. Charges for arrearages. Sec. 370. Denial of passports for nonpayment of child support. Part VIII--Medical Support Sec. 381. Technical correction to ERISA definition of medical child support order. Part IX--Access and Visitation Programs Sec. 391. Grants to States for access and visitation programs. Subtitle B--Effect of Enactment Sec. 395. Effective dates. Sec. 396. Severability. TITLE IV--SUPPLEMENTAL SECURITY INCOME Sec. 401. Revised regulations applicable to the determination of disability in individuals under the age of 18. Sec. 402. Directory of services. Sec. 403. Use of standardized tests and their equivalent. Sec. 404. Graduated benefits for additional children. Sec. 405. Treatment requirements for disabled individuals under the age of 18. Sec. 406. Special accounts for individuals under the age of 18. Sec. 407. Continuing disability reviews for individuals under the age of 18. Sec. 408. Coordination of services for SSI children. TITLE V--MISCELLANEOUS PROVISIONS Sec. 501. Uniform alien eligibility criteria for public assistance programs. Sec. 502. Deeming of sponsor's income and resources to an alien under the supplemental security income, aid to families with dependent children, and food stamp programs. Sec. 503. Adjustment to thrifty food plan. Sec. 504. Failure to comply with other welfare and public assistance programs. SEC. 2. REFERENCES TO SOCIAL SECURITY ACT. Except as otherwise specifically provided, whenever in this Act an amendment is expressed in terms of an amendment to or repeal of a section or other provision, the reference shall be considered to be made to that section or other provision of the Social Security Act (42 U.S.C. 301 et seq.). TITLE I--STRENGTHENING THE JOBS PROGRAM SEC. 101. INCREASE IN REQUIRED JOBS PARTICIPATION RATES. (a) In General.--Section 403(l)(3) (42 U.S.C. 603(l)(3)) is amended-- (1) in subparagraph (A)-- (A) in clause (v), by striking ``and''; (B) in clause (vi), by striking the period and inserting ``or 1996;''; and (C) by adding at the end the following new clauses: ``(vii) 30 percent if such year is 1997; ``(viii) 35 percent if such year is 1998; ``(ix) 40 percent if such year is 1999; ``(x) 45 percent if such year is 2000; and ``(xi) 50 percent if such year is 2001 or any year thereafter.''; and (2) in subparagraph (B)-- (A) in clause (ii)(IV), by striking ``fiscal years 1994 and 1995'' and inserting ``any fiscal year beginning after fiscal year 1993''; and (B) in clause (iii), by striking subclauses (I) and (II) and inserting the following: ``(I) the average monthly number of individuals required or allowed by the State to participate in the program under part F who have participated in such program in months in the computation period (including individuals who combine employment and participation in such program for an average of 20 hours a week in that month in such period), plus the number of individuals who are employed for an average of 20 hours a week in that month in such period, divided by ``(II) the average monthly number of individuals required to participate under the program under part F in such period (other than individuals described in subparagraph (C)(iii)(I) or (D) of section 402(a)(19) with respect to whom the State has exercised its option to require their participation), minus the average monthly number of individuals who are being sanctioned in such period pursuant to section 402(a)(19)(G).''. (b) Conforming Amendments.--The Family Support Act of 1988 (42 U.S.C. 1305 note) is amended by striking section 204(b)(2). SEC. 102. PROMOTING WORK. (a) Increased Employment and Job Retention.--Section 481(a) (42 U.S.C. 681(a)) is amended to read as follows: ``Sec. 481. (a) Purpose.--It is the purpose of this part to assist each State in providing such services as the State determines to be necessary to-- ``(1) enable individuals receiving assistance under part A to enter employment as quickly as possible; ``(2) increase job retention; and ``(3) ensure that needy families with children obtain the education, training, and employment that will help them avoid long-term welfare dependence.''. (b) State Agency Responsibilities.--Section 482(a)(2) (42 U.S.C. 682(a)(2)) is amended-- (1) by striking ``(2) The'' and inserting ``(2)(A) The''; and (2) by adding at the end the following new subparagraphs: ``(B) The State agency shall establish procedures to-- ``(i) encourage the placement of participants in jobs as quickly as possible, including using performance measures that reward staff performance, or such other management practice as the State may choose; and ``(ii) assist participants in retaining employment after they are hired. ``(C) The Secretary shall provide technical assistance and training to States to assist the States in implementing effective management practices and strategies in order to achieve the purpose of this part.''. (c) Services and Activities Under the JOBS Program.-- Section 482(d)(1)(A)(i) (42 U.S.C. 682(d)(1)(A)(i)) is amended-- (1) in the matter preceding subclause (I), by striking ``shall'' and inserting ``may''; and (2) in subclause (I), by striking ``(as appropriate)'' and all that follows through the semicolon and inserting a semicolon. (d) Job Placement Voucher Program.-- (1) Addition of program.--Section 482 (42 U.S.C. 682) is amended-- (A) in subsection (d)(1)(A)(ii)-- (i) in subclause (III), by striking ``and'' at the end; (ii) in subclause (IV), by striking the period and inserting ``; and''; and (iii) by adding at the end the following new subclause: ``(V) a job placement voucher program as described in subsection (h).''; [[Page S 12844]] (B) by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and (C) by inserting after subsection (g), the following subsection: ``(h) Job Placement Voucher Program.--(1) The State agency may establish and operate a job placement voucher program for individuals participating in the program under this part. ``(2) A State that elects to operate a job placement voucher program under this subsection-- ``(i) shall establish eligibility requirements for participation in the job placement voucher program; and ``(ii) may establish other requirements for such voucher program as the State deems appropriate. ``(3) A job placement voucher program operated by a State under this subsection shall include the following requirements: ``(A) The State shall identify, maintain, and make available to an individual applying for or receiving assistance under part A a list of State-approved job placement organizations that offer services in the area where the individual resides and a description of the job placement and support services each such organization provides. Such organizations may be publicly or privately owned and operated. ``(B)(i) An individual determined to be eligible for assistance under part A shall, at the time the individual becomes eligible for such assistance-- ``(I) receive the list and description described in subparagraph (A); ``(II) agree, in exchange for job placement and support services, to-- ``(aa) execute, within a period of time permitted by the State, a contract with a State-approved job placement organization which provides that the organization shall attempt to find employment for the individual; and ``(bb) comply with the terms of the contract; and ``(III) receive a job placement voucher (in an amount to be determined by the State) for payment to a State-approved job placement organization. ``(ii) The State shall impose the sanctions provided for in section 402(a)(19)(G) on any individual who does not fulfill the terms of a contract executed with a State-approved job placement organization. ``(C) At the time an individual executes a contract with a State-approved job placement organization, the individual shall provide the organization with the job placement voucher that the individual received pursuant to subparagraph (B). ``(D)(i) A State-approved job placement organization may redeem for payment from the State not more than 25 percent of the value of a job placement voucher upon the initial receipt of the voucher for payment of costs incurred in finding and placing an individual in an employment position. The remaining value of such voucher shall not be redeemed for payment from the State until the State-approved job placement organization-- ``(I) finds an employment position (as determined by the State) for the individual who provided the voucher; and ``(II) certifies to the State that the individual remains employed with the employer that the organization originally placed the individual with for the greater of-- ``(aa) 6 continuous months; or ``(bb) a period determined by the State. ``(ii) A State may modify, on a case-by-case basis, the requirement of clause (i)(II) under such terms and conditions as the State deems appropriate. ``(E)(i) The State shall establish performance-based standards to evaluate the success of the State job placement voucher program operated under this subsection in achieving employment for individuals participating in such voucher program. Such standards shall take into account the economic conditions of the State in determining the rate of success. ``(ii) The State shall, not less than once a fiscal year, evaluate the job placement voucher program operated under this subsection in accordance with the performance-based standards established under clause (i). ``(iii) The State shall submit a report containing the results of an evaluation conducted under clause (ii) to the Secretary and a description of the performance-based standards used to conduct the evaluation in such form and under such conditions as the Secretary shall require. The Secretary shall review each report submitted under this clause and may require the State to revise the performance- based standards if the Secretary determines that the State is not achieving an adequate rate of success for such State.''. (2) Conforming amendments.--Title IV (42 U.S.C. 681 et seq.) is amended-- (A) in section 403(l) (42 U.S.C. 603(l))-- (i) in paragraph (1)(A), by striking ``482(i)(2)'' and inserting ``482(j)(2)''; and (ii) in paragraph (4)(A)(i), by inserting ``a job placement voucher program,'' after ``on-the-job training,''; and (B) in section 431(a)(6) (42 U.S.C. 629a(a)(6))-- (i) by striking ``482(i)(5)'' and inserting ``482(j)(5)''; and (ii) by striking ``482(i)(7)(A)'' and inserting ``482(j)(7)(A)''. (3) Effective date.--The amendments made by paragraphs (1) and (2) shall be effective with respect to calendar quarters beginning with the second calendar quarter beginning after the date of the enactment of this Act. (e) Elimination of Requirement To Provide Educational Activities to Individuals Age 20 or Older; Permitting States To Provide Employment Services for Non-Custodial Parents.-- Section 482(d) (42 U.S.C. 682(d)) is amended-- (1) by striking paragraph (2); (2) by redesignating paragraph (3) as paragraph (2); and (3) in paragraph (2), as so redesignated-- (A) by striking ``up to 5''; and (B) by striking the second sentence. (f) Increase in Period in Which Earned Income Disregard May Apply Under Work Supplementation Program.--Section 482(e) (42 U.S.C. 682(e)) is amended in paragraphs (2)(G) and (4), by striking ``9 months'' and inserting ``12 months''. (g) State Flexibility for the Job Search Program.--Section 482(g) (42 U.S.C. 682(g)) is amended-- (1) in paragraph (2)-- (A) by inserting ``, and subject to paragraph (3),'' after ``section 402(a)(19)(B)(i)''; and (B) by striking ``applies)--'' and all that follows through the period at the end and inserting ``applies) at such time or times as the State agency may determine.''; and (2) in paragraph (3), by inserting ``, not including any period of job search that occurred at the same time that the individual was participating in another activity under this part'' after ``12 months''. SEC. 103. FUNDING FOR THE JOBS PROGRAM AND CHILD CARE. (a) Funding for the JOBS Program.-- (1) Increase in funding.--Section 403(k)(3) (42 U.S.C. 603(k)(3)) is amended-- (A) in subparagraph (E), by striking ``and''; and (B) by striking subparagraph (F) and inserting the following: ``(F) $1,200,000,000 in the case of the fiscal year 1996, ``(G) $1,300,000,000 in the case of the fiscal year 1997, ``(H) $1,600,000,000 in the case of the fiscal year 1998, ``(I) $1,900,000,000 in the case of the fiscal year 1999, ``(J) $2,200,000,000 in the case of the fiscal year 2000, and ``(K) $2,500,000,000 in the case of the fiscal year 2001, and each succeeding fiscal year,''. (2) Applicable percentages.-- (A) In general.--Section 403(l)(1) (42 U.S.C. 603(l)(1)) is amended-- (i) by striking ``(l)(1)(A) In lieu'' and inserting ``(l)(1) In lieu''; and (ii) by striking ``(including expenditures'' and all that follows through subparagraph (B), and inserting ``an amount equal to the greater of-- ``(A) 70 percent; or ``(B) the Federal medical assistance percentage (as defined in section 1118 in the case of any State to which section 1108 applies, or as defined in section 1905(b) in the case of any other State) plus ten percentage points, in the case of expenditures made by a State in operating such a program for in a fiscal year.''. (B) Conforming amendments.--Section 403(l) (42 U.S.C. 603(l)) is amended-- (i) in paragraph (2)(A), by striking ``paragraph (1)(A)'' and inserting ``paragraph (1)''; and (ii) in paragraph (3)(C), by striking ``paragraph (1)(A)'' and inserting ``paragraph (1)''. (b) Funding for Child Care.-- (1) Funding for jobs and transitional child care.-- (A) In general.--Section 402(g)(3)(A) (42 U.S.C. 602(g)(3)(A)) is amended to read as follows: ``(3)(A) In the case of amounts expended for child care pursuant to clause (i) or (ii) of paragraph (1)(A), the applicable rate for purposes of section 403(a) shall be the greater of-- ``(i) 70 percent; or ``(ii) the Federal medical assistance percentage (as defined in section 1118 in the case of any State to which section 1108 applies, or as defined in section 1905(b) in the case of any other State) plus ten percentage points.''. (B) Extension of the transitional child care program.-- Section 304(b) of the Family Support Act of 1988 (42 U.S.C. 602 note) is amended-- (i) by striking ``(1)''; and (ii) by striking paragraph (2). (2) Funding for at-risk child care.--Section 403(n)(1)(A) (42 U.S.C. 603(n)(1)(A)) is amended to read as follows: ``(A) 70 percent, or, if higher, the Federal medical assistance percentage (as defined in section 1118 in the case of any State to which section 1108 applies, or as defined in section 1905(b) in the case of any other State) plus ten percentage points, of the expenditures by the State in providing child care services pursuant to section 402(i), and in administering the provision of such child care services, for any fiscal year; and''. (c) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of the enactment of this Act. (2) Applicable percentages.--The amendments made by subsections (a)(2) and (b) shall take effect on October 1, 1996. SEC. 104. EVALUATION OF THE JOBS PROGRAM. (a) Evaluation Objectives and Development.-- (1) Objectives.--The Secretary shall develop and implement a plan for evaluating [[Page S 12845]] the programs operated by the States under part F of title IV of the Social Security Act (42 U.S.C. 681 et seq.). Such plan shall be designed to develop information to-- (A) assess the impacts of such programs with respect to-- (i) cost effectiveness; (ii) the level of earnings achieved; (iii) welfare receipt; (iv) job retention; (v) the effects on children; and (vi) such other factors as the Secretary may determine; (B) provide guidance to the Secretary in making any necessary changes and improvements in the performance standards required by section 487 of such Act (42 U.S.C. 687); and (C) enable the Secretary to provide technical assistance to the States to assist them in improving such programs and in meeting such standards. (2) Development of plan.--The plan described in paragraph (1) shall be developed by the Secretary in consultation with representatives of the States. (b) Definitions.--For purposes of this section: (1) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (2) State.--The term ``State'' means any of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for fiscal years 1996 through 2000 for the purpose of carrying out the provisions of this section. Any sums so appropriated shall remain available until expended. TITLE II--AID TO FAMILIES WITH DEPENDENT CHILDREN Subtitle A--Requirements for Teenage Parents SEC. 201. CASE MANAGEMENT FOR PARENTS UNDER AGE 20. (a) In General.--Section 482(b) (42 U.S.C. 682(b)) is amended by adding at the end the following new paragraph: ``(4) Case manager.--The State agency shall-- ``(A) assign a case manager to each custodial parent receiving aid under part A who is under age 20; ``(B) provide that case managers will have the training necessary (taking into consideration the recommendations of appropriate professional organizations) to enable them to carry out their responsibilities and will be assigned a caseload the size of which permits effective case management; and ``(C) provide that the case manager will be responsible for-- ``(i) assisting such parent in obtaining appropriate services, including at a minimum, parenting education, family planning services, education and vocational training, and child care and transportation services, ``(ii) making the determinations required to implement the provision of section 402(a)(43), ``(iii) monitoring such parent's compliance with all program requirements, and, where appropriate, providing incentives and applying sanctions, and ``(iv) providing general guidance, encouragement, and support to assist such parent in his or her role as a parent and in achieving self-sufficiency.''. (b) Effective Date.--The amendment made by this section shall be effective with respect to calendar quarters beginning on or after October 1, 1996. SEC. 202. PARTICIPATION IN EDUCATIONAL ACTIVITY. (a) In General.--Section 402(a)(19)(E) (42 U.S.C. 602(a)(19)(E)) is amended to read as follows: ``(E) that the State agency shall-- ``(i) in the case of a custodial parent who has not attained 20 years of age, has not successfully completed a high school education (or its equivalent), and is required to participate in the program (including an individual who would otherwise be exempt from participation in the program solely by reason of subparagraph (C)(iii)), require such parent to-- ``(I) attend school, ``(II) participate in a program that combines classroom and job training, or ``(III) work toward attainment of a high school education (or its equivalent); ``(ii) in the case of custodial parent who has not attained 20 years of age, but has successfully completed a high school education (or its equivalent), and is required to participate in the program (including an individual who would otherwise be exempt from participation in the program solely by reason of subparagraph (C)(iii)), require such parent to participate in a JOBS activity (including a work activity) approved by the State; ``(iii) establish criteria in accordance with regulations of the Secretary under which a custodial parent described in clauses (i) and (ii) who has not attained 20 years of age may be exempted from the requirements under such clause but the number of such parents exempted from such requirements shall not exceed 50 percent in fiscal year 2000 or any fiscal year thereafter; and ``(iv) at the option of the State, some or all custodial parents who are under age 20 (and pregnant women under age 20) who are receiving aid under this part will be required to participate in a program of monetary incentives and penalties, consistent with subsection (j);''. (b) State Option To Provide Additional Incentives and Penalties To Encourage Teenage Parents To Complete High School--Section 402 (42 U.S.C. 602) is amended by adding at the end the following new subsection: ``(j)(1) If a State chooses to conduct a program of monetary incentives and penalties to encourage custodial parents (and pregnant women) who are under age 20 to complete their high school (or equivalent) education, and participate in parenting activities, the State shall amend its State plan-- ``(A) to specify the one or more political subdivisions in which the State will conduct the program (or other clearly defined geographic area or areas), and ``(B) to describe its program in detail. ``(2) A program under this subsection-- ``(A) may, at the option of the State, include all such parents who are under age 21; ``(B) may, at the option of the State, require full-time participation in secondary school or equivalent educational activities, or participation in a course or program leading to a skills certificate found appropriate by the State agency or parenting education activities (or any combination of such activities and secondary education); ``(C) shall require that the case manager assigned to the custodial parent pursuant to paragraph (3) or (4) of section 482(b) will review the needs of such parent and will assure that, either in the initial development or revision of the parent's employability plan, there will be included a description of the services that will be provided to the parent and the way in which the case manager and service providers will coordinate with the educational or skills training activities in which the custodial parent is participating; ``(D) shall provide monetary incentives for more than minimally acceptable performance of required educational activities; and ``(E) shall provide penalties which may be those required by subsection (a)(19)(G) or, with the approval of the Secretary, other monetary penalties that the State finds will better achieve the objectives of the program. ``(3) When a monetary incentive is payable because of the more than minimally acceptable performance of required educational activities by a custodial parent, the incentive shall be paid directly to such parent, regardless of whether the State agency makes payment of aid under the State plan directly to such parent. ``(4)(A) For purposes of this part, monetary incentives paid under this subsection shall be considered aid to families with dependent children. ``(B) For purposes of any other Federal or federally assisted program based on need, no monetary incentive paid under this subsection shall be considered income in determining a family's eligibility for or amount of benefits under such program, and if aid is reduced by reason of a penalty under this subsection, such other program shall treat the family involved as if no such penalty has been applied. ``(5) The State agency shall from time to time provide such information as the Secretary may request, and otherwise cooperate with the Secretary, in order to permit evaluation of the effectiveness on a broad basis of the State's program conducted under this subsection.''. (c) Effective Date.--The amendments made by this section shall be effective with respect to calendar quarters beginning on or after October 1, 1996. SEC. 203. LIVING ARRANGEMENT REQUIREMENTS. (a) In General.--Section 402(a)(43) (42 U.S.C. 602(a)(43)) is amended-- (1) in the matter preceding subparagraph (A), by striking ``at the option of the State,'', (2) in subparagraph (A), by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, (3) by striking ``(A) subject to subparagraph (B),'' and inserting ``(A)(i) subject to clause (ii),'', (4) in subclause (II) of subparagraph (A)(i), as redesignated-- (A) by striking ``(where possible)'', and (B) by striking ``or other adult relative'' and inserting ``other adult relative, or other adult supervising the living arrangement'', and (5) by striking subparagraph (B) and inserting the following: ``(ii) clause (i) does not apply in any case in which the State agency-- ``(I) determines that the physical or emotional health or safety of such individual or such dependent child would be jeopardized if such individual and such dependent child lived in the same residence with such individual's own parent or legal guardian; or ``(II) otherwise determines in accordance with regulations issued by the Secretary that there is good cause for waiving such clause; and ``(B) if an individual is not residing in an alternative adult-supervised living arrangement that is approved by the State agency, the State agency (in consultation with the child welfare agency) is required to assist the individual in locating an appropriate living arrangement;''. (b) Effective Date.--The amendments made by this section shall be effective with respect to calendar quarters beginning on or after October 1, 1997. [[Page S 12846]] Subtitle B--State Flexibility PART I--ESTABLISHMENT OF INTERAGENCY WELFARE REVIEW BOARD SEC. 211. INTERAGENCY WELFARE REVIEW BOARD. (a) Establishment and Purpose.--In order to facilitate the consideration of welfare program requirement waiver requests that involve more than 1 Federal department or agency, there is established an Interagency Welfare Review Board (hereafter in this part referred to as the ``Board''). (b) Membership.--The Board shall consist of the following members: (1) The Secretary of Agriculture (or the designee of the Secretary). (2) The Secretary of Health and Human Services (or the designee of the Secretary). (3) The Secretary of Housing and Urban Development (or the designee of the Secretary). (4) The Secretary of Labor (or the designee of the Secretary). (5) The Secretary of Education (or the designee of the Secretary). (6) Such other individuals as the President determines appropriate. (c) Chairperson.--The President shall appoint 1 member of the Board to serve as Chairperson of the Board. (d) Vacancies.--A vacancy in the position of Chairperson shall be filled in the manner in which the original appointment was made. (e) No Additional Compensation.--The members of the Board may not be provided additional pay, allowances, or benefits by reason of their service on the Board. (f) Powers.-- (1) Assistance of other federal entities.--A member of the Board shall detail to the Chairperson, on a nonreimbursable basis, such officers and employees of the department or agency headed by the member, and shall make available to the Chairperson such assistance as the Chairperson may require to carry out the activities of the Board. (2) Use of united states mails.--The Chairperson may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (g) Duties.-- (1) In general.--The Board shall act as the central organization for coordinating the review of applications submitted under section 212 by States for waivers from the requirements of eligible Federal low-income assistance programs that involve more than 1 department or agency of the Federal Government. (2) Duty to provide technical assistance.--The Board shall provide assistance and technical advice to entities submitting applications under section 212 and implementing an assistance plan under an application approved under section 213. SEC. 212. WAIVER APPLICATION. Any State that is receiving or is eligible to receive funds or other assistance under eligible Federal low-income assistance programs involving more than 1 Federal department or agency and desires a waiver authorized by law from the Federal requirements with respect to such programs may submit to the Board an application for such waiver. The application shall be submitted in the form and manner prescribed by the Board. SEC. 213. REVIEW AND APPROVAL OF APPLICATIONS. (a) Review of Applications.--The Board shall review a waiver application submitted under section 212 and issue an advisory opinion with respect to such waiver application. Final decisions with respect to the waiver application shall be made by the Secretaries of the departments or agencies that have responsibility for administering the programs with respect to which the waiver is sought. (b) Action on Application.--The Board shall establish a schedule for the consideration of a waiver application submitted under section 212, to assure that the State will receive a final decision from the Secretaries described in subsection (a) on the waiver application not later than 90 days after the date the completed application is received by the Board. SEC. 214. DEFINITION OF STATE. (a) In General.--For purposes of this part, the term ``State'' means any of the 50 States, the District of Columbia, Puerto Rico, American Samoa, Guam, and the Virgin Islands. (b) Indian Tribes.--In the case of an eligible Federal low- income assistance program under which aid or assistance is provided with respect to an Indian tribe, the Indian tribal organization is deemed to be a State for purposes of this part. PART II--ADDITIONAL PROVISIONS CONCERNING WAIVERS SEC. 221. SCHEDULE FOR CONSIDERATION OF WAIVER APPLICATIONS. Section 1115 (42 U.S.C. 1315) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) by striking ``(a) In'' and inserting ``(a)(1) In''; and (3) by adding at the end the following new paragraph: ``(2) Not later than 90 days after the date a completed application from a State for a waiver under paragraph (1) is received by the Secretary, the Secretary shall approve or disapprove such application. In considering an application for a waiver, there shall be a presumption for approval in the case of a request for a waiver that is similar in substance and scale to one that the Secretary has previously approved.''. SEC. 222. STATE AUTHORITY TO ESTABLISH CERTAIN AFDC RULES. (a) In General.--Section 1115 (42 U.S.C. 1315) is amended by adding at the end the following new subsection: ``(e)(1) Any State having an approved plan under part A of title IV may, without receiving a waiver from the Secretary pursuant to this section or otherwise, establish any of the program changes described in paragraph (2) for purposes of providing aid or assistance under part A of such title. ``(2) The program changes described in this paragraph are the following: ``(A) Income and resource requirements other than those specified in section 402(a)(7) in order to test the effect of such requirements on an individual's effort to obtain employment. ``(B) Requirements relating to the disregard of income other than those specified in section 402(a)(8). ``(C) Standards for defining unemployment other than those prescribed by the Secretary pursuant to section 407(a). ``(D) Rules for the eligibility for aid or assistance under part A of title IV of an unemployed parent without regard to section 407(b)(1)(A)(iii). ``(3)(A) The Secretary shall evaluate a sufficient number of the program changes described in paragraph (2) which are established by a State in order to determine the impact of such changes on the receipt of aid to families with dependent children program under part A of title IV in such State, earnings achieved, costs to the Federal and State governments, and such other factors as the Secretary may determine. ``(B) Any State chosen by the Secretary for an evaluation under subparagraph (A) shall cooperate with such evaluation. ``(C) There are authorized to be appropriated such sums as may be necessary for the purpose of conducting evaluations under this paragraph. ``(4) The authority provided by paragraphs (1) and (2) of this subsection shall expire 5 years after the date on which this subsection takes effect.''. (b) Effective Date.--The amendment made by this section shall take effect on October 1, 1996. SEC. 223. WAIVER AUTHORITY FOR THE JOBS PROGRAM. Section 1115(a) (42 U.S.C. 1315(a)) is amended-- (1) in the matter preceding paragraph (1), by striking ``part A or D of title IV'' and inserting ``part A, D, or F of title IV''; (2) in paragraph (1), by inserting ``482,'' after ``454,''; and (3) in paragraph (2), by inserting ``402(g),'' after ``section 3,''. TITLE III--CHILD SUPPORT ENFORCEMENT SEC. 300. SHORT TITLE. This title may be cited as the ``Interstate Child Support Responsibility Act of 1995''. Subtitle A--Improvements to the Child Support Collection System PART I--ELIGIBILITY AND OTHER MATTERS CONCERNING TITLE IV-D PROGRAM CLIENTS SEC. 301. COOPERATION REQUIREMENT AND GOOD CAUSE EXCEPTION. (a) Child Support Enforcement Requirements.--Section 454 is amended-- (1) by striking ``and'' at the end of paragraph (23); (2) by striking the period at the end of paragraph (24) and inserting ``; and''; and (3) by adding after paragraph (24) the following new paragraph: ``(25) provide that the State agency administering the plan under this part-- ``(A) will make the determination specified under paragraph (4), as to whether an individual is cooperating with efforts to establish paternity and secure support (or has good cause not to cooperate with such efforts) for purposes of the requirements of sections 402(a)(26) and 1912; ``(B) will advise individuals, both orally and in writing, of the grounds for good cause exceptions to the requirement to cooperate with such efforts; ``(C) will take the best interests of the child into consideration in making the determination whether such individual has good cause not to cooperate with such efforts; ``(D)(i) will make the initial determination as to whether an individual is cooperating (or has good cause not to cooperate) with efforts to establish paternity within 10 days after such individual is referred to such State agency by the State agency administering the program under part A of title XIX; ``(ii) will make redeterminations as to cooperation or good cause at appropriate intervals; and ``(iii) will promptly notify the individual, and the State agencies administering such programs, of each such determination and redetermination; ``(E) with respect to any child born on or after the date 10 months after the date of the enactment of this provision-- ``(i) will not determine (or redetermine) the mother of such child to be cooperating with efforts to establish paternity unless the mother furnishes-- ``(I) the name of the putative father (or fathers); and ``(II) sufficient additional information to enable the State agency, if reasonable efforts were made, to verify the identity of the person named as the putative father (including such information as the putative father's present address, telephone number, date of birth, past or present place of employment, [[Page S 12847]] school previously or currently attended, and names and addresses of parents, friends, or relatives able to provide location information, or other information that could enable service of process on such person); and ``(ii) in the case of a caretaker who is not the mother and who is receiving payments for the child under part A, will determine (or redetermine) such caretaker to be reasonably cooperating with efforts to establish paternity under regulations prescribed by the Secretary; and ``(F)(i) (where a custodial parent who was initially determined not to be cooperating (or to have good cause not to cooperate) is later determined to be cooperating or to have good cause not to cooperate) will immediately notify the State agencies administering the programs under part A of title XIX that this eligibility condition has been met; and ``(ii) (where a custodial parent was initially determined to be cooperating (or to have good cause not to cooperate)) will not later determine such individual not to be cooperating (or not to have good cause not to cooperate) until such individual has been afforded an opportunity for a hearing.''. (b) AFDC Amendments.-- (1) Section 402(a)(11) is amended by striking ``furnishing of'' and inserting ``application for''. (2) Section 402(a)(26) is amended-- (A) in each of subparagraphs (A) and (B), by redesignating clauses (i) and (ii) as subclauses (I) and (II); (B) by indenting and redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iv), respectively; (C) in clause (ii), as redesignated-- (i) by striking ``is claimed, or in obtaining any other payments or property due such applicant or such child,'' and inserting ``is claimed;''; and (ii) by striking ``unless'' and all that follows through ``aid is claimed; and''; (D) by adding after clause (ii) the following new clause: ``(iii) to cooperate with the State in obtaining any other payments or property due such applicant or such child; and''; (E) in the matter preceding clause (i), as redesignated, to read as follows: ``(26) provide-- ``(A) that, as a condition of eligibility for aid, each applicant or recipient will be required (subject to subparagraph (C))--''; (F) in subparagraph (A)(iv), as redesignated, by striking ``, unless such individual'' and all that follows through ``individuals involved''; (G) by adding at the end the following new subparagraphs: ``(B) that the State agency will immediately refer each applicant requiring paternity establishment services to the State agency administering the program under part D; ``(C) that an individual will not be required to cooperate with the State, as provided under subparagraph (A), if the individual is found to have good cause for refusing to cooperate, as determined in accordance with standards prescribed by the Secretary, which standards shall take into consideration the best interests of the child on whose behalf aid is claimed-- ``(i) to the satisfaction of the State agency administering the program under part D, as determined in accordance with section 454(25), with respect to the requirements under clauses (i) and (ii) of subparagraph (A); and ``(ii) to the satisfaction of the State agency administering the program under this part, with respect to the requirements under clauses (iii) and (iv) of subparagraph (A); ``(D) that (except as provided in subparagraph (E)) an applicant requiring paternity establishment services (other than an individual eligible for emergency assistance as defined in section 406(e)) shall not be eligible for any aid under this part until such applicant-- ``(i) has furnished to the agency administering the State plan under part D the information specified in section 454(25)(E); or ``(ii) has been determined by such agency to have good cause not to cooperate; ``(E) that the provisions of subparagraph (D) shall not apply-- ``(i) if the State agency specified in such subparagraph has not, within 10 days after such individual was referred to such agency, provided the notification required by section 454(25)(D)(iii), until such notification is received; and ``(ii) if such individual appeals a determination that the individual lacks good cause for noncooperation, until after such determination is affirmed after notice and opportunity for a hearing; and''; and (H)(i) by relocating and redesignating as subparagraph (F) the text at the end of subparagraph (A)(ii) beginning with ``that, if the relative'' and all that follows through the semicolon; (ii) in subparagraph (F), as so redesignated and relocated, by striking ``subparagraphs (A) and (B) of this paragraph'' and inserting ``subparagraph (A)''; and (iii) by striking ``and'' at the end of subparagraph (a)(ii). (c) Medicaid Amendments.--Section 1912(a) is amended-- (1) in paragraph (1)(B), by inserting ``(except as provided in paragraph (2))'' after ``to cooperate with the State''; (2) in subparagraphs (B) and (C) of paragraph (1) by striking ``, unless'' and all that follows and inserting a semicolon; and (3) by redesignating paragraph (2) as paragraph (5), and inserting after paragraph (1) the following new paragraphs: ``(2) provide that the State agency will immediately refer each applicant or recipient requiring paternity establishment services to the State agency administering the program under part D of title IV; ``(3) provide that an individual will not be required to cooperate with the State, as provided under paragraph (1), if the individual is found to have good cause for refusing to cooperate, as determined in accordance with standards prescribed by the Secretary, which standards shall take into consideration the best interests of the individuals involved-- ``(A) to the satisfaction of the State agency administering the program under part D, as determined in accordance with section 454(25), with respect to the requirements to cooperate with efforts to establish paternity and to obtain support (including medical support) from a parent; and ``(B) to the satisfaction of the State agency administering the program under this title, with respect to other requirements to cooperate under paragraph (1); ``(4) provide that (except as provided in paragraph (5)) an applicant requiring paternity establishment services (other than an individual eligible for emergency assistance as defined in section 406(e), or presumptively eligible pursuant to section 1920) shall not be eligible for medical assistance under this title until such applicant-- ``(i) has furnished to the agency administering the State plan under part D of title IV the information specified in section 454(25)(E); or ``(ii) has been determined by such agency to have good cause not to cooperate; and ``(5) provide that the provisions of paragraph (4) shall not apply with respect to an applicant-- ``(i) if such agency has not, within 10 days after such individual was referred to such agency, provided the notification required by section 454(25)(D)(iii), until such notification is received); and ``(ii) if such individual appeals a determination that the individual lacks good cause for noncooperation, until after such determination is affirmed after notice and opportunity for a hearing.''. (d) Effective Date.--The amendments made by this section shall be effective with respect to applications filed in or after the first calendar quarter beginning 10 months or more after the date of the enactment of this Act (or such earlier quarter as the State may select) for aid under part A of title IV of the Social Security Act or for medical assistance under title XIX of such Act. SEC. 302. STATE OBLIGATION TO PROVIDE PATERNITY ESTABLISHMENT AND CHILD SUPPORT ENFORCEMENT SERVICES. (a) State Law Requirements.--Section 466(a) (42 U.S.C. 666(a)) is amended by adding at the end the following new paragraph: ``(12) Procedures under which-- ``(A) every child support order established or modified in the State on or after October 1, 1998, is recorded in the central case registry established in accordance with section 454A(e); and ``(B) child support payments are collected through the centralized collections unit established in accordance with section 454B-- ``(i) on and after October 1, 1998, under each order subject to wage withholding under section 466(b); and ``(ii) on and after October 1, 1999, under each other order required to be recorded in such central case registry under this paragraph or section 454A(e)-- ``(I) if requested by either party subject to such order, or ``(II) at the option of the State, regardless of whether application is made for services under this part.''. (b) State Plan Requirements.--Section 454 (42 U.S.C. 654) is amended-- (1) by striking paragraph (4) and inserting the following new paragraph: ``(4) provide that such State will undertake to provide appropriate services under this part to-- ``(A) each child with respect to whom an assignment is effective under section 402(a)(26), 471(a)(17), or 1912 (except in cases in which the State agency determines, in accordance with paragraph (25), that it is against the best interests of the child to do so); and ``(B) each child not described in subparagraph (A)-- ``(i) with respect to whom an individual applies for such services; or ``(ii) on and after October 1, 1998, with respect to whom a support order is recorded in the central State case registry established under section 454A, if application is made for services under this part;''; and (2) in paragraph (6)-- (A) by striking ``(6) provide that'' and all that follows through subparagraph (A) and inserting the following: ``(6) provide that-- ``(A) services under the State plan shall be made available to nonresidents on the same terms as to residents;''; (B) in subparagraph (B)-- (i) by inserting ``on individuals not receiving assistance under part A'' after ``such services shall be imposed''; and (ii) by inserting ``but no fees or costs shall be imposed on any absent or custodial parent or other individual for inclusion in the central State registry maintained pursuant to section 454A(e)''; and [[Page S 12848]] (C) in each of subparagraphs (B), (C), (D), and (E), by indenting such subparagraph and aligning its left margin with the left margin of subparagraph (A); and (D) in each of subparagraphs (B), (C), and (D), by striking the final comma and inserting a semicolon. (c) Conforming Amendments.-- (1) Paternity establishment percentage.--Section 452(g)(2)(A) (42 U.S.C. 652(g)(2)(A)) is amended by striking ``454(6)'' each place it appears and inserting ``454(4)(A)(ii)''. (2) State plan.--Section 454(23) (42 U.S.C. 654(23)) is amended, effective October 1, 1998, by striking ``information as to any application fees for such services and''. (3) Procedures to improve enforcement.--Section 466(a)(3)(B) (42 U.S.C. 666(a)(3)(B)) is amended by striking ``in the case of overdue support which a State has agreed to collect under section 454(6)'' and inserting ``in any other case''. (4) Definition of overdue support.--Section 466(e) (42 U.S.C. 666(e)) is amended by striking ``or (6)''. SEC. 303. DISTRIBUTION OF PAYMENTS. (a) Distributions Through State Child Support Enforcement Agency to Former Assistance Recipients.--Section 454(5) (42 U.S.C. 654(5)) is amended-- (1) in subparagraph (A)-- (A) by inserting ``except as otherwise specifically provided in section 464 or 466(a)(3),'' after ``is effective,''; and (B) by striking ``except that'' and all that follows through the semicolon; and (2) in subparagraph (B), by striking ``, except'' and all that follows through ``medical assistance''. (b) Distribution to a Family Currently Receiving AFDC.-- Section 457 (42 U.S.C. 657) is amended-- (1) by striking subsection (a) and redesignating subsection (b) as subsection (a); (2) in subsection (a), as redesignated-- (A) in the matter preceding paragraph (2), to read as follows: ``(a) In the Case of a Family Receiving AFDC.--Amounts collected under this part during any month as support of a child who is receiving assistance under part A (or a parent or caretaker relative of such a child) shall (except in the case of a State exercising the option under subsection (b)) be distributed as follows: ``(1) an amount equal to the amount that will be disregarded pursuant to section 402(a)(8)(A)(vi) shall be taken from each of-- ``(A) the amounts received in a month which represent payments for that month; and ``(B) the amounts received in a month which represent payments for a prior month which were made by the absent parent in that prior month; and shall be paid to the family without affecting its eligibility for assistance or decreasing any amount otherwise payable as assistance to such family during such month;''; (B) in paragraph (4), by striking ``or (B)'' and all that follows through the period and inserting ``; then (B) from any remainder, amounts equal to arrearages of such support obligations assigned, pursuant to part A, to any other State or States shall be paid to such other State or States and used to pay any such arrearages (with appropriate reimbursement of the Federal Government to the extent of its participation in the financing); and then (C) any remainder shall be paid to the family.''; and (3) by inserting after subsection (a), as redesignated, the following new subsection: ``(b) Alternative Distribution in Case of Family Receiving AFDC.--In the case of a State electing the option under this subsection, amounts collected as described in subsection (a) shall be distributed as follows: ``(1) an amount equal to the amount that will be disregarded pursuant to section 402(a)(8)(A)(vi) shall be taken from each of-- ``(A) the amounts received in a month which represent payments for that month; and ``(B) the amounts received in a month which represent payments for a prior month which were made by the absent parent in that prior month; and shall be paid to the family without affecting its eligibility for assistance or decreasing any amount otherwise payable as assistance to such family during such month; ``(2) second, from any remainder, amounts equal to the balance of support owed for the current month shall be paid to the family; ``(3) third, from any remainder, amounts equal to arrearages of such support obligations assigned, pursuant to part A, to the State making the collection shall be retained and used by such State to pay any such arrearages (with appropriate reimbursement of the Federal Government to the extent of its participation in the financing); ``(4) fourth, from any remainder, amounts equal to arrearages of such support obligations assigned, pursuant to part A, to any other State or States shall be paid to such other State or States and used to pay any such arrearages (with appropriate reimbursement of the Federal Government to the extent of its participation in the financing); and ``(5) fifth, any remainder shall be paid to the family.''. (c) Distribution to a Family Not Receiving AFDC.-- (1) In general.--Section 457(c) (42 U.S.C. 657(c)) is amended to read as follows: ``(c) Distributions In Case of Family Not Receiving AFDC.-- Amounts collected by a State agency under this part during any month as support of a child who is not receiving assistance under part A (or of a parent or caretaker relative of such a child) shall (subject to the remaining provisions of this section) be distributed as follows: ``(1) first, amounts equal to the total of such support owed for such month shall be paid to the family; ``(2) second, from any remainder, amounts equal to arrearages of such support obligations for months during which such child did not receive assistance under part A shall be paid to the family; ``(3) third, from any remainder, amounts equal to arrearages of such support obligations assigned to the State making the collection pursuant to part A shall be retained and used by such State to pay any such arrearages (with appropriate reimbursement of the Federal Government to the extent of its participation in the financing); and ``(4) fourth, from any remainder, amounts equal to arrearages of such support obligations assigned to any other State pursuant to part A shall be paid to such other State or States, and used to pay such arrearages, in the order in which such arrearages accrued (with appropriate reimbursement of the Federal Govern

Summary:

All articles in Senate section

AMENDMENTS SUBMITTED
(Senate - September 07, 1995)

Text of this article available as: TXT PDF [Pages S12842-S12870] AMENDMENTS SUBMITTED ______ THE FAMILY SELF-SUFFICIENCY ACT OF 1995 ______ BROWN (AND OTHERS) AMENDMENT NO. 2465 Mr. BROWN (for himself, Mr. Moynihan, Mr. Simpson, Mr. Murkowski, Mr. Kohl, Mr. Campbell, Mr. Feingold, Mr. Byrd, and Mr. Helms) proposed an amendment to amendment No. 2280 proposed by Mr. Dole to the bill (H.R. 4) to restore the American family, reduce illegitimacy, control welfare spending and reduce welfare dependence; as follows: At the appropriate place, insert the following: SEC. . EXPENDITURE OF FEDERAL FUNDS IN ACCORDANCE WITH LAWS AND PROCEDURES APPLICABLE TO EXPENDITURE OF STATE FUNDS. (a) In General.--Notwithstanding any other provision of law, any funds received by a State under the provisions of law specified in subsection (b) shall be expended only in accordance with the laws and procedures applicable to expenditures of the State's own revenues, including appropriation by the State legislature, consistent with the terms and conditions required under such provisions of law. (b) Provisions of Law.--The provisions of law specified in this subsection are the following: (1) Part A of title IV of the Social Security Act (relating to block grants for temporary assistance to needy families). (2) Section 25 of the Food Stamp Act of 1977 (relating to the optional State food assistance block grant). (3) Subtitles B and C of title VII of this Act (relating to workforce development). (4) The Child Care and Development Block Grant Act of 1990 (relating to block grants for child care). ______ MOYNIHAN AMENDMENT NO. 2466 Mr. MOYNIHAN proposed an amendment to amendment No. 2280 proposed by Mr. Dole to the bill H.R. 4, supra; as follows: In lieu of the matter proposed to be inserted, insert the following: SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Family Support Act of 1995''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. References to Social Security Act. TITLE I--STRENGTHENING THE JOBS PROGRAM Sec. 101. Increase in required JOBS participation rates. Sec. 102. Promoting work. Sec. 103. Funding for the JOBS program and child care. Sec. 104. Evaluation of the JOBS program. TITLE II--AID TO FAMILIES WITH DEPENDENT CHILDREN Subtitle A--Requirements for Teenage Parents Sec. 201. Case management for parents under age 20. Sec. 202. Participation in educational activity. Sec. 203. Living arrangement requirements. [[Page S 12843]] Subtitle B--State Flexibility Part I--Establishment of Interagency Welfare Review Board Sec. 211. Interagency Welfare Review Board. Sec. 212. Waiver application. Sec. 213. Review and approval of applications. Sec. 214. Definition of State. Part II--Additional Provisions Concerning Waivers Sec. 221. Schedule for consideration of waiver applications. Sec. 222. State authority to establish certain AFDC rules. Sec. 223. Waiver authority for the JOBS program. TITLE III--CHILD SUPPORT ENFORCEMENT Sec. 300. Short title. Subtitle A--Improvements to the Child Support Collection System Part I--Eligibility and Other Matters Concerning Title IV-D Program Clients Sec. 301. Cooperation requirement and good cause exception. Sec. 302. State obligation to provide paternity establishment and child support enforcement services. Sec. 303. Distribution of payments. Sec. 304. Rights to notification and hearings. Sec. 305. Privacy safeguards. Part II--Program Administration and Funding Sec. 311. Federal matching payments. Sec. 312. Performance-based incentives and penalties. Sec. 313. Federal and State reviews and audits. Sec. 314. Required reporting procedures. Sec. 315. Automated data processing requirements. Sec. 316. Director of CSE program; staffing study. Sec. 317. Funding for secretarial assistance to State programs. Sec. 318. Data collection and reports by the Secretary. Part III--Locate and Case Tracking Sec. 321. Central State and case registry. Sec. 322. Centralized collection and disbursement of support payments. Sec. 323. Amendments concerning income withholding. Sec. 324. Locator information from interstate networks. Sec. 325. Expanded Federal parent locator service. Sec. 326. Use of social security numbers. Part IV--Streamlining and Uniformity of Procedures Sec. 331. Adoption of uniform State laws. Sec. 332. Improvements to full faith and credit for child support orders. Sec. 333. State laws providing expedited procedures. Part V--Paternity Establishment Sec. 341. State laws concerning paternity establishment. Sec. 342. Outreach for voluntary paternity establishment. Part VI--Establishment and Modification of Support Orders Sec. 351. National Child Support Guidelines Commission. Sec. 352. Simplified process for review and adjustment of child support orders. Part VII--Enforcement of Support Orders Sec. 361. Federal income tax refund offset. Sec. 362. Internal Revenue Service collection of arrearages. Sec. 363. Authority to collect support from Federal employees. Sec. 364. Enforcement of child support obligations of members of the Armed Forces. Sec. 365. Voiding of fraudulent transfers. Sec. 366. State law authorizing suspension of licenses. Sec. 367. Reporting arrearages to credit bureaus. Sec. 368. Extended statute of limitation for collection of arrearages. Sec. 369. Charges for arrearages. Sec. 370. Denial of passports for nonpayment of child support. Part VIII--Medical Support Sec. 381. Technical correction to ERISA definition of medical child support order. Part IX--Access and Visitation Programs Sec. 391. Grants to States for access and visitation programs. Subtitle B--Effect of Enactment Sec. 395. Effective dates. Sec. 396. Severability. TITLE IV--SUPPLEMENTAL SECURITY INCOME Sec. 401. Revised regulations applicable to the determination of disability in individuals under the age of 18. Sec. 402. Directory of services. Sec. 403. Use of standardized tests and their equivalent. Sec. 404. Graduated benefits for additional children. Sec. 405. Treatment requirements for disabled individuals under the age of 18. Sec. 406. Special accounts for individuals under the age of 18. Sec. 407. Continuing disability reviews for individuals under the age of 18. Sec. 408. Coordination of services for SSI children. TITLE V--MISCELLANEOUS PROVISIONS Sec. 501. Uniform alien eligibility criteria for public assistance programs. Sec. 502. Deeming of sponsor's income and resources to an alien under the supplemental security income, aid to families with dependent children, and food stamp programs. Sec. 503. Adjustment to thrifty food plan. Sec. 504. Failure to comply with other welfare and public assistance programs. SEC. 2. REFERENCES TO SOCIAL SECURITY ACT. Except as otherwise specifically provided, whenever in this Act an amendment is expressed in terms of an amendment to or repeal of a section or other provision, the reference shall be considered to be made to that section or other provision of the Social Security Act (42 U.S.C. 301 et seq.). TITLE I--STRENGTHENING THE JOBS PROGRAM SEC. 101. INCREASE IN REQUIRED JOBS PARTICIPATION RATES. (a) In General.--Section 403(l)(3) (42 U.S.C. 603(l)(3)) is amended-- (1) in subparagraph (A)-- (A) in clause (v), by striking ``and''; (B) in clause (vi), by striking the period and inserting ``or 1996;''; and (C) by adding at the end the following new clauses: ``(vii) 30 percent if such year is 1997; ``(viii) 35 percent if such year is 1998; ``(ix) 40 percent if such year is 1999; ``(x) 45 percent if such year is 2000; and ``(xi) 50 percent if such year is 2001 or any year thereafter.''; and (2) in subparagraph (B)-- (A) in clause (ii)(IV), by striking ``fiscal years 1994 and 1995'' and inserting ``any fiscal year beginning after fiscal year 1993''; and (B) in clause (iii), by striking subclauses (I) and (II) and inserting the following: ``(I) the average monthly number of individuals required or allowed by the State to participate in the program under part F who have participated in such program in months in the computation period (including individuals who combine employment and participation in such program for an average of 20 hours a week in that month in such period), plus the number of individuals who are employed for an average of 20 hours a week in that month in such period, divided by ``(II) the average monthly number of individuals required to participate under the program under part F in such period (other than individuals described in subparagraph (C)(iii)(I) or (D) of section 402(a)(19) with respect to whom the State has exercised its option to require their participation), minus the average monthly number of individuals who are being sanctioned in such period pursuant to section 402(a)(19)(G).''. (b) Conforming Amendments.--The Family Support Act of 1988 (42 U.S.C. 1305 note) is amended by striking section 204(b)(2). SEC. 102. PROMOTING WORK. (a) Increased Employment and Job Retention.--Section 481(a) (42 U.S.C. 681(a)) is amended to read as follows: ``Sec. 481. (a) Purpose.--It is the purpose of this part to assist each State in providing such services as the State determines to be necessary to-- ``(1) enable individuals receiving assistance under part A to enter employment as quickly as possible; ``(2) increase job retention; and ``(3) ensure that needy families with children obtain the education, training, and employment that will help them avoid long-term welfare dependence.''. (b) State Agency Responsibilities.--Section 482(a)(2) (42 U.S.C. 682(a)(2)) is amended-- (1) by striking ``(2) The'' and inserting ``(2)(A) The''; and (2) by adding at the end the following new subparagraphs: ``(B) The State agency shall establish procedures to-- ``(i) encourage the placement of participants in jobs as quickly as possible, including using performance measures that reward staff performance, or such other management practice as the State may choose; and ``(ii) assist participants in retaining employment after they are hired. ``(C) The Secretary shall provide technical assistance and training to States to assist the States in implementing effective management practices and strategies in order to achieve the purpose of this part.''. (c) Services and Activities Under the JOBS Program.-- Section 482(d)(1)(A)(i) (42 U.S.C. 682(d)(1)(A)(i)) is amended-- (1) in the matter preceding subclause (I), by striking ``shall'' and inserting ``may''; and (2) in subclause (I), by striking ``(as appropriate)'' and all that follows through the semicolon and inserting a semicolon. (d) Job Placement Voucher Program.-- (1) Addition of program.--Section 482 (42 U.S.C. 682) is amended-- (A) in subsection (d)(1)(A)(ii)-- (i) in subclause (III), by striking ``and'' at the end; (ii) in subclause (IV), by striking the period and inserting ``; and''; and (iii) by adding at the end the following new subclause: ``(V) a job placement voucher program as described in subsection (h).''; [[Page S 12844]] (B) by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and (C) by inserting after subsection (g), the following subsection: ``(h) Job Placement Voucher Program.--(1) The State agency may establish and operate a job placement voucher program for individuals participating in the program under this part. ``(2) A State that elects to operate a job placement voucher program under this subsection-- ``(i) shall establish eligibility requirements for participation in the job placement voucher program; and ``(ii) may establish other requirements for such voucher program as the State deems appropriate. ``(3) A job placement voucher program operated by a State under this subsection shall include the following requirements: ``(A) The State shall identify, maintain, and make available to an individual applying for or receiving assistance under part A a list of State-approved job placement organizations that offer services in the area where the individual resides and a description of the job placement and support services each such organization provides. Such organizations may be publicly or privately owned and operated. ``(B)(i) An individual determined to be eligible for assistance under part A shall, at the time the individual becomes eligible for such assistance-- ``(I) receive the list and description described in subparagraph (A); ``(II) agree, in exchange for job placement and support services, to-- ``(aa) execute, within a period of time permitted by the State, a contract with a State-approved job placement organization which provides that the organization shall attempt to find employment for the individual; and ``(bb) comply with the terms of the contract; and ``(III) receive a job placement voucher (in an amount to be determined by the State) for payment to a State-approved job placement organization. ``(ii) The State shall impose the sanctions provided for in section 402(a)(19)(G) on any individual who does not fulfill the terms of a contract executed with a State-approved job placement organization. ``(C) At the time an individual executes a contract with a State-approved job placement organization, the individual shall provide the organization with the job placement voucher that the individual received pursuant to subparagraph (B). ``(D)(i) A State-approved job placement organization may redeem for payment from the State not more than 25 percent of the value of a job placement voucher upon the initial receipt of the voucher for payment of costs incurred in finding and placing an individual in an employment position. The remaining value of such voucher shall not be redeemed for payment from the State until the State-approved job placement organization-- ``(I) finds an employment position (as determined by the State) for the individual who provided the voucher; and ``(II) certifies to the State that the individual remains employed with the employer that the organization originally placed the individual with for the greater of-- ``(aa) 6 continuous months; or ``(bb) a period determined by the State. ``(ii) A State may modify, on a case-by-case basis, the requirement of clause (i)(II) under such terms and conditions as the State deems appropriate. ``(E)(i) The State shall establish performance-based standards to evaluate the success of the State job placement voucher program operated under this subsection in achieving employment for individuals participating in such voucher program. Such standards shall take into account the economic conditions of the State in determining the rate of success. ``(ii) The State shall, not less than once a fiscal year, evaluate the job placement voucher program operated under this subsection in accordance with the performance-based standards established under clause (i). ``(iii) The State shall submit a report containing the results of an evaluation conducted under clause (ii) to the Secretary and a description of the performance-based standards used to conduct the evaluation in such form and under such conditions as the Secretary shall require. The Secretary shall review each report submitted under this clause and may require the State to revise the performance- based standards if the Secretary determines that the State is not achieving an adequate rate of success for such State.''. (2) Conforming amendments.--Title IV (42 U.S.C. 681 et seq.) is amended-- (A) in section 403(l) (42 U.S.C. 603(l))-- (i) in paragraph (1)(A), by striking ``482(i)(2)'' and inserting ``482(j)(2)''; and (ii) in paragraph (4)(A)(i), by inserting ``a job placement voucher program,'' after ``on-the-job training,''; and (B) in section 431(a)(6) (42 U.S.C. 629a(a)(6))-- (i) by striking ``482(i)(5)'' and inserting ``482(j)(5)''; and (ii) by striking ``482(i)(7)(A)'' and inserting ``482(j)(7)(A)''. (3) Effective date.--The amendments made by paragraphs (1) and (2) shall be effective with respect to calendar quarters beginning with the second calendar quarter beginning after the date of the enactment of this Act. (e) Elimination of Requirement To Provide Educational Activities to Individuals Age 20 or Older; Permitting States To Provide Employment Services for Non-Custodial Parents.-- Section 482(d) (42 U.S.C. 682(d)) is amended-- (1) by striking paragraph (2); (2) by redesignating paragraph (3) as paragraph (2); and (3) in paragraph (2), as so redesignated-- (A) by striking ``up to 5''; and (B) by striking the second sentence. (f) Increase in Period in Which Earned Income Disregard May Apply Under Work Supplementation Program.--Section 482(e) (42 U.S.C. 682(e)) is amended in paragraphs (2)(G) and (4), by striking ``9 months'' and inserting ``12 months''. (g) State Flexibility for the Job Search Program.--Section 482(g) (42 U.S.C. 682(g)) is amended-- (1) in paragraph (2)-- (A) by inserting ``, and subject to paragraph (3),'' after ``section 402(a)(19)(B)(i)''; and (B) by striking ``applies)--'' and all that follows through the period at the end and inserting ``applies) at such time or times as the State agency may determine.''; and (2) in paragraph (3), by inserting ``, not including any period of job search that occurred at the same time that the individual was participating in another activity under this part'' after ``12 months''. SEC. 103. FUNDING FOR THE JOBS PROGRAM AND CHILD CARE. (a) Funding for the JOBS Program.-- (1) Increase in funding.--Section 403(k)(3) (42 U.S.C. 603(k)(3)) is amended-- (A) in subparagraph (E), by striking ``and''; and (B) by striking subparagraph (F) and inserting the following: ``(F) $1,200,000,000 in the case of the fiscal year 1996, ``(G) $1,300,000,000 in the case of the fiscal year 1997, ``(H) $1,600,000,000 in the case of the fiscal year 1998, ``(I) $1,900,000,000 in the case of the fiscal year 1999, ``(J) $2,200,000,000 in the case of the fiscal year 2000, and ``(K) $2,500,000,000 in the case of the fiscal year 2001, and each succeeding fiscal year,''. (2) Applicable percentages.-- (A) In general.--Section 403(l)(1) (42 U.S.C. 603(l)(1)) is amended-- (i) by striking ``(l)(1)(A) In lieu'' and inserting ``(l)(1) In lieu''; and (ii) by striking ``(including expenditures'' and all that follows through subparagraph (B), and inserting ``an amount equal to the greater of-- ``(A) 70 percent; or ``(B) the Federal medical assistance percentage (as defined in section 1118 in the case of any State to which section 1108 applies, or as defined in section 1905(b) in the case of any other State) plus ten percentage points, in the case of expenditures made by a State in operating such a program for in a fiscal year.''. (B) Conforming amendments.--Section 403(l) (42 U.S.C. 603(l)) is amended-- (i) in paragraph (2)(A), by striking ``paragraph (1)(A)'' and inserting ``paragraph (1)''; and (ii) in paragraph (3)(C), by striking ``paragraph (1)(A)'' and inserting ``paragraph (1)''. (b) Funding for Child Care.-- (1) Funding for jobs and transitional child care.-- (A) In general.--Section 402(g)(3)(A) (42 U.S.C. 602(g)(3)(A)) is amended to read as follows: ``(3)(A) In the case of amounts expended for child care pursuant to clause (i) or (ii) of paragraph (1)(A), the applicable rate for purposes of section 403(a) shall be the greater of-- ``(i) 70 percent; or ``(ii) the Federal medical assistance percentage (as defined in section 1118 in the case of any State to which section 1108 applies, or as defined in section 1905(b) in the case of any other State) plus ten percentage points.''. (B) Extension of the transitional child care program.-- Section 304(b) of the Family Support Act of 1988 (42 U.S.C. 602 note) is amended-- (i) by striking ``(1)''; and (ii) by striking paragraph (2). (2) Funding for at-risk child care.--Section 403(n)(1)(A) (42 U.S.C. 603(n)(1)(A)) is amended to read as follows: ``(A) 70 percent, or, if higher, the Federal medical assistance percentage (as defined in section 1118 in the case of any State to which section 1108 applies, or as defined in section 1905(b) in the case of any other State) plus ten percentage points, of the expenditures by the State in providing child care services pursuant to section 402(i), and in administering the provision of such child care services, for any fiscal year; and''. (c) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of the enactment of this Act. (2) Applicable percentages.--The amendments made by subsections (a)(2) and (b) shall take effect on October 1, 1996. SEC. 104. EVALUATION OF THE JOBS PROGRAM. (a) Evaluation Objectives and Development.-- (1) Objectives.--The Secretary shall develop and implement a plan for evaluating [[Page S 12845]] the programs operated by the States under part F of title IV of the Social Security Act (42 U.S.C. 681 et seq.). Such plan shall be designed to develop information to-- (A) assess the impacts of such programs with respect to-- (i) cost effectiveness; (ii) the level of earnings achieved; (iii) welfare receipt; (iv) job retention; (v) the effects on children; and (vi) such other factors as the Secretary may determine; (B) provide guidance to the Secretary in making any necessary changes and improvements in the performance standards required by section 487 of such Act (42 U.S.C. 687); and (C) enable the Secretary to provide technical assistance to the States to assist them in improving such programs and in meeting such standards. (2) Development of plan.--The plan described in paragraph (1) shall be developed by the Secretary in consultation with representatives of the States. (b) Definitions.--For purposes of this section: (1) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (2) State.--The term ``State'' means any of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for fiscal years 1996 through 2000 for the purpose of carrying out the provisions of this section. Any sums so appropriated shall remain available until expended. TITLE II--AID TO FAMILIES WITH DEPENDENT CHILDREN Subtitle A--Requirements for Teenage Parents SEC. 201. CASE MANAGEMENT FOR PARENTS UNDER AGE 20. (a) In General.--Section 482(b) (42 U.S.C. 682(b)) is amended by adding at the end the following new paragraph: ``(4) Case manager.--The State agency shall-- ``(A) assign a case manager to each custodial parent receiving aid under part A who is under age 20; ``(B) provide that case managers will have the training necessary (taking into consideration the recommendations of appropriate professional organizations) to enable them to carry out their responsibilities and will be assigned a caseload the size of which permits effective case management; and ``(C) provide that the case manager will be responsible for-- ``(i) assisting such parent in obtaining appropriate services, including at a minimum, parenting education, family planning services, education and vocational training, and child care and transportation services, ``(ii) making the determinations required to implement the provision of section 402(a)(43), ``(iii) monitoring such parent's compliance with all program requirements, and, where appropriate, providing incentives and applying sanctions, and ``(iv) providing general guidance, encouragement, and support to assist such parent in his or her role as a parent and in achieving self-sufficiency.''. (b) Effective Date.--The amendment made by this section shall be effective with respect to calendar quarters beginning on or after October 1, 1996. SEC. 202. PARTICIPATION IN EDUCATIONAL ACTIVITY. (a) In General.--Section 402(a)(19)(E) (42 U.S.C. 602(a)(19)(E)) is amended to read as follows: ``(E) that the State agency shall-- ``(i) in the case of a custodial parent who has not attained 20 years of age, has not successfully completed a high school education (or its equivalent), and is required to participate in the program (including an individual who would otherwise be exempt from participation in the program solely by reason of subparagraph (C)(iii)), require such parent to-- ``(I) attend school, ``(II) participate in a program that combines classroom and job training, or ``(III) work toward attainment of a high school education (or its equivalent); ``(ii) in the case of custodial parent who has not attained 20 years of age, but has successfully completed a high school education (or its equivalent), and is required to participate in the program (including an individual who would otherwise be exempt from participation in the program solely by reason of subparagraph (C)(iii)), require such parent to participate in a JOBS activity (including a work activity) approved by the State; ``(iii) establish criteria in accordance with regulations of the Secretary under which a custodial parent described in clauses (i) and (ii) who has not attained 20 years of age may be exempted from the requirements under such clause but the number of such parents exempted from such requirements shall not exceed 50 percent in fiscal year 2000 or any fiscal year thereafter; and ``(iv) at the option of the State, some or all custodial parents who are under age 20 (and pregnant women under age 20) who are receiving aid under this part will be required to participate in a program of monetary incentives and penalties, consistent with subsection (j);''. (b) State Option To Provide Additional Incentives and Penalties To Encourage Teenage Parents To Complete High School--Section 402 (42 U.S.C. 602) is amended by adding at the end the following new subsection: ``(j)(1) If a State chooses to conduct a program of monetary incentives and penalties to encourage custodial parents (and pregnant women) who are under age 20 to complete their high school (or equivalent) education, and participate in parenting activities, the State shall amend its State plan-- ``(A) to specify the one or more political subdivisions in which the State will conduct the program (or other clearly defined geographic area or areas), and ``(B) to describe its program in detail. ``(2) A program under this subsection-- ``(A) may, at the option of the State, include all such parents who are under age 21; ``(B) may, at the option of the State, require full-time participation in secondary school or equivalent educational activities, or participation in a course or program leading to a skills certificate found appropriate by the State agency or parenting education activities (or any combination of such activities and secondary education); ``(C) shall require that the case manager assigned to the custodial parent pursuant to paragraph (3) or (4) of section 482(b) will review the needs of such parent and will assure that, either in the initial development or revision of the parent's employability plan, there will be included a description of the services that will be provided to the parent and the way in which the case manager and service providers will coordinate with the educational or skills training activities in which the custodial parent is participating; ``(D) shall provide monetary incentives for more than minimally acceptable performance of required educational activities; and ``(E) shall provide penalties which may be those required by subsection (a)(19)(G) or, with the approval of the Secretary, other monetary penalties that the State finds will better achieve the objectives of the program. ``(3) When a monetary incentive is payable because of the more than minimally acceptable performance of required educational activities by a custodial parent, the incentive shall be paid directly to such parent, regardless of whether the State agency makes payment of aid under the State plan directly to such parent. ``(4)(A) For purposes of this part, monetary incentives paid under this subsection shall be considered aid to families with dependent children. ``(B) For purposes of any other Federal or federally assisted program based on need, no monetary incentive paid under this subsection shall be considered income in determining a family's eligibility for or amount of benefits under such program, and if aid is reduced by reason of a penalty under this subsection, such other program shall treat the family involved as if no such penalty has been applied. ``(5) The State agency shall from time to time provide such information as the Secretary may request, and otherwise cooperate with the Secretary, in order to permit evaluation of the effectiveness on a broad basis of the State's program conducted under this subsection.''. (c) Effective Date.--The amendments made by this section shall be effective with respect to calendar quarters beginning on or after October 1, 1996. SEC. 203. LIVING ARRANGEMENT REQUIREMENTS. (a) In General.--Section 402(a)(43) (42 U.S.C. 602(a)(43)) is amended-- (1) in the matter preceding subparagraph (A), by striking ``at the option of the State,'', (2) in subparagraph (A), by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, (3) by striking ``(A) subject to subparagraph (B),'' and inserting ``(A)(i) subject to clause (ii),'', (4) in subclause (II) of subparagraph (A)(i), as redesignated-- (A) by striking ``(where possible)'', and (B) by striking ``or other adult relative'' and inserting ``other adult relative, or other adult supervising the living arrangement'', and (5) by striking subparagraph (B) and inserting the following: ``(ii) clause (i) does not apply in any case in which the State agency-- ``(I) determines that the physical or emotional health or safety of such individual or such dependent child would be jeopardized if such individual and such dependent child lived in the same residence with such individual's own parent or legal guardian; or ``(II) otherwise determines in accordance with regulations issued by the Secretary that there is good cause for waiving such clause; and ``(B) if an individual is not residing in an alternative adult-supervised living arrangement that is approved by the State agency, the State agency (in consultation with the child welfare agency) is required to assist the individual in locating an appropriate living arrangement;''. (b) Effective Date.--The amendments made by this section shall be effective with respect to calendar quarters beginning on or after October 1, 1997. [[Page S 12846]] Subtitle B--State Flexibility PART I--ESTABLISHMENT OF INTERAGENCY WELFARE REVIEW BOARD SEC. 211. INTERAGENCY WELFARE REVIEW BOARD. (a) Establishment and Purpose.--In order to facilitate the consideration of welfare program requirement waiver requests that involve more than 1 Federal department or agency, there is established an Interagency Welfare Review Board (hereafter in this part referred to as the ``Board''). (b) Membership.--The Board shall consist of the following members: (1) The Secretary of Agriculture (or the designee of the Secretary). (2) The Secretary of Health and Human Services (or the designee of the Secretary). (3) The Secretary of Housing and Urban Development (or the designee of the Secretary). (4) The Secretary of Labor (or the designee of the Secretary). (5) The Secretary of Education (or the designee of the Secretary). (6) Such other individuals as the President determines appropriate. (c) Chairperson.--The President shall appoint 1 member of the Board to serve as Chairperson of the Board. (d) Vacancies.--A vacancy in the position of Chairperson shall be filled in the manner in which the original appointment was made. (e) No Additional Compensation.--The members of the Board may not be provided additional pay, allowances, or benefits by reason of their service on the Board. (f) Powers.-- (1) Assistance of other federal entities.--A member of the Board shall detail to the Chairperson, on a nonreimbursable basis, such officers and employees of the department or agency headed by the member, and shall make available to the Chairperson such assistance as the Chairperson may require to carry out the activities of the Board. (2) Use of united states mails.--The Chairperson may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (g) Duties.-- (1) In general.--The Board shall act as the central organization for coordinating the review of applications submitted under section 212 by States for waivers from the requirements of eligible Federal low-income assistance programs that involve more than 1 department or agency of the Federal Government. (2) Duty to provide technical assistance.--The Board shall provide assistance and technical advice to entities submitting applications under section 212 and implementing an assistance plan under an application approved under section 213. SEC. 212. WAIVER APPLICATION. Any State that is receiving or is eligible to receive funds or other assistance under eligible Federal low-income assistance programs involving more than 1 Federal department or agency and desires a waiver authorized by law from the Federal requirements with respect to such programs may submit to the Board an application for such waiver. The application shall be submitted in the form and manner prescribed by the Board. SEC. 213. REVIEW AND APPROVAL OF APPLICATIONS. (a) Review of Applications.--The Board shall review a waiver application submitted under section 212 and issue an advisory opinion with respect to such waiver application. Final decisions with respect to the waiver application shall be made by the Secretaries of the departments or agencies that have responsibility for administering the programs with respect to which the waiver is sought. (b) Action on Application.--The Board shall establish a schedule for the consideration of a waiver application submitted under section 212, to assure that the State will receive a final decision from the Secretaries described in subsection (a) on the waiver application not later than 90 days after the date the completed application is received by the Board. SEC. 214. DEFINITION OF STATE. (a) In General.--For purposes of this part, the term ``State'' means any of the 50 States, the District of Columbia, Puerto Rico, American Samoa, Guam, and the Virgin Islands. (b) Indian Tribes.--In the case of an eligible Federal low- income assistance program under which aid or assistance is provided with respect to an Indian tribe, the Indian tribal organization is deemed to be a State for purposes of this part. PART II--ADDITIONAL PROVISIONS CONCERNING WAIVERS SEC. 221. SCHEDULE FOR CONSIDERATION OF WAIVER APPLICATIONS. Section 1115 (42 U.S.C. 1315) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) by striking ``(a) In'' and inserting ``(a)(1) In''; and (3) by adding at the end the following new paragraph: ``(2) Not later than 90 days after the date a completed application from a State for a waiver under paragraph (1) is received by the Secretary, the Secretary shall approve or disapprove such application. In considering an application for a waiver, there shall be a presumption for approval in the case of a request for a waiver that is similar in substance and scale to one that the Secretary has previously approved.''. SEC. 222. STATE AUTHORITY TO ESTABLISH CERTAIN AFDC RULES. (a) In General.--Section 1115 (42 U.S.C. 1315) is amended by adding at the end the following new subsection: ``(e)(1) Any State having an approved plan under part A of title IV may, without receiving a waiver from the Secretary pursuant to this section or otherwise, establish any of the program changes described in paragraph (2) for purposes of providing aid or assistance under part A of such title. ``(2) The program changes described in this paragraph are the following: ``(A) Income and resource requirements other than those specified in section 402(a)(7) in order to test the effect of such requirements on an individual's effort to obtain employment. ``(B) Requirements relating to the disregard of income other than those specified in section 402(a)(8). ``(C) Standards for defining unemployment other than those prescribed by the Secretary pursuant to section 407(a). ``(D) Rules for the eligibility for aid or assistance under part A of title IV of an unemployed parent without regard to section 407(b)(1)(A)(iii). ``(3)(A) The Secretary shall evaluate a sufficient number of the program changes described in paragraph (2) which are established by a State in order to determine the impact of such changes on the receipt of aid to families with dependent children program under part A of title IV in such State, earnings achieved, costs to the Federal and State governments, and such other factors as the Secretary may determine. ``(B) Any State chosen by the Secretary for an evaluation under subparagraph (A) shall cooperate with such evaluation. ``(C) There are authorized to be appropriated such sums as may be necessary for the purpose of conducting evaluations under this paragraph. ``(4) The authority provided by paragraphs (1) and (2) of this subsection shall expire 5 years after the date on which this subsection takes effect.''. (b) Effective Date.--The amendment made by this section shall take effect on October 1, 1996. SEC. 223. WAIVER AUTHORITY FOR THE JOBS PROGRAM. Section 1115(a) (42 U.S.C. 1315(a)) is amended-- (1) in the matter preceding paragraph (1), by striking ``part A or D of title IV'' and inserting ``part A, D, or F of title IV''; (2) in paragraph (1), by inserting ``482,'' after ``454,''; and (3) in paragraph (2), by inserting ``402(g),'' after ``section 3,''. TITLE III--CHILD SUPPORT ENFORCEMENT SEC. 300. SHORT TITLE. This title may be cited as the ``Interstate Child Support Responsibility Act of 1995''. Subtitle A--Improvements to the Child Support Collection System PART I--ELIGIBILITY AND OTHER MATTERS CONCERNING TITLE IV-D PROGRAM CLIENTS SEC. 301. COOPERATION REQUIREMENT AND GOOD CAUSE EXCEPTION. (a) Child Support Enforcement Requirements.--Section 454 is amended-- (1) by striking ``and'' at the end of paragraph (23); (2) by striking the period at the end of paragraph (24) and inserting ``; and''; and (3) by adding after paragraph (24) the following new paragraph: ``(25) provide that the State agency administering the plan under this part-- ``(A) will make the determination specified under paragraph (4), as to whether an individual is cooperating with efforts to establish paternity and secure support (or has good cause not to cooperate with such efforts) for purposes of the requirements of sections 402(a)(26) and 1912; ``(B) will advise individuals, both orally and in writing, of the grounds for good cause exceptions to the requirement to cooperate with such efforts; ``(C) will take the best interests of the child into consideration in making the determination whether such individual has good cause not to cooperate with such efforts; ``(D)(i) will make the initial determination as to whether an individual is cooperating (or has good cause not to cooperate) with efforts to establish paternity within 10 days after such individual is referred to such State agency by the State agency administering the program under part A of title XIX; ``(ii) will make redeterminations as to cooperation or good cause at appropriate intervals; and ``(iii) will promptly notify the individual, and the State agencies administering such programs, of each such determination and redetermination; ``(E) with respect to any child born on or after the date 10 months after the date of the enactment of this provision-- ``(i) will not determine (or redetermine) the mother of such child to be cooperating with efforts to establish paternity unless the mother furnishes-- ``(I) the name of the putative father (or fathers); and ``(II) sufficient additional information to enable the State agency, if reasonable efforts were made, to verify the identity of the person named as the putative father (including such information as the putative father's present address, telephone number, date of birth, past or present place of employment, [[Page S 12847]] school previously or currently attended, and names and addresses of parents, friends, or relatives able to provide location information, or other information that could enable service of process on such person); and ``(ii) in the case of a caretaker who is not the mother and who is receiving payments for the child under part A, will determine (or redetermine) such caretaker to be reasonably cooperating with efforts to establish paternity under regulations prescribed by the Secretary; and ``(F)(i) (where a custodial parent who was initially determined not to be cooperating (or to have good cause not to cooperate) is later determined to be cooperating or to have good cause not to cooperate) will immediately notify the State agencies administering the programs under part A of title XIX that this eligibility condition has been met; and ``(ii) (where a custodial parent was initially determined to be cooperating (or to have good cause not to cooperate)) will not later determine such individual not to be cooperating (or not to have good cause not to cooperate) until such individual has been afforded an opportunity for a hearing.''. (b) AFDC Amendments.-- (1) Section 402(a)(11) is amended by striking ``furnishing of'' and inserting ``application for''. (2) Section 402(a)(26) is amended-- (A) in each of subparagraphs (A) and (B), by redesignating clauses (i) and (ii) as subclauses (I) and (II); (B) by indenting and redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iv), respectively; (C) in clause (ii), as redesignated-- (i) by striking ``is claimed, or in obtaining any other payments or property due such applicant or such child,'' and inserting ``is claimed;''; and (ii) by striking ``unless'' and all that follows through ``aid is claimed; and''; (D) by adding after clause (ii) the following new clause: ``(iii) to cooperate with the State in obtaining any other payments or property due such applicant or such child; and''; (E) in the matter preceding clause (i), as redesignated, to read as follows: ``(26) provide-- ``(A) that, as a condition of eligibility for aid, each applicant or recipient will be required (subject to subparagraph (C))--''; (F) in subparagraph (A)(iv), as redesignated, by striking ``, unless such individual'' and all that follows through ``individuals involved''; (G) by adding at the end the following new subparagraphs: ``(B) that the State agency will immediately refer each applicant requiring paternity establishment services to the State agency administering the program under part D; ``(C) that an individual will not be required to cooperate with the State, as provided under subparagraph (A), if the individual is found to have good cause for refusing to cooperate, as determined in accordance with standards prescribed by the Secretary, which standards shall take into consideration the best interests of the child on whose behalf aid is claimed-- ``(i) to the satisfaction of the State agency administering the program under part D, as determined in accordance with section 454(25), with respect to the requirements under clauses (i) and (ii) of subparagraph (A); and ``(ii) to the satisfaction of the State agency administering the program under this part, with respect to the requirements under clauses (iii) and (iv) of subparagraph (A); ``(D) that (except as provided in subparagraph (E)) an applicant requiring paternity establishment services (other than an individual eligible for emergency assistance as defined in section 406(e)) shall not be eligible for any aid under this part until such applicant-- ``(i) has furnished to the agency administering the State plan under part D the information specified in section 454(25)(E); or ``(ii) has been determined by such agency to have good cause not to cooperate; ``(E) that the provisions of subparagraph (D) shall not apply-- ``(i) if the State agency specified in such subparagraph has not, within 10 days after such individual was referred to such agency, provided the notification required by section 454(25)(D)(iii), until such notification is received; and ``(ii) if such individual appeals a determination that the individual lacks good cause for noncooperation, until after such determination is affirmed after notice and opportunity for a hearing; and''; and (H)(i) by relocating and redesignating as subparagraph (F) the text at the end of subparagraph (A)(ii) beginning with ``that, if the relative'' and all that follows through the semicolon; (ii) in subparagraph (F), as so redesignated and relocated, by striking ``subparagraphs (A) and (B) of this paragraph'' and inserting ``subparagraph (A)''; and (iii) by striking ``and'' at the end of subparagraph (a)(ii). (c) Medicaid Amendments.--Section 1912(a) is amended-- (1) in paragraph (1)(B), by inserting ``(except as provided in paragraph (2))'' after ``to cooperate with the State''; (2) in subparagraphs (B) and (C) of paragraph (1) by striking ``, unless'' and all that follows and inserting a semicolon; and (3) by redesignating paragraph (2) as paragraph (5), and inserting after paragraph (1) the following new paragraphs: ``(2) provide that the State agency will immediately refer each applicant or recipient requiring paternity establishment services to the State agency administering the program under part D of title IV; ``(3) provide that an individual will not be required to cooperate with the State, as provided under paragraph (1), if the individual is found to have good cause for refusing to cooperate, as determined in accordance with standards prescribed by the Secretary, which standards shall take into consideration the best interests of the individuals involved-- ``(A) to the satisfaction of the State agency administering the program under part D, as determined in accordance with section 454(25), with respect to the requirements to cooperate with efforts to establish paternity and to obtain support (including medical support) from a parent; and ``(B) to the satisfaction of the State agency administering the program under this title, with respect to other requirements to cooperate under paragraph (1); ``(4) provide that (except as provided in paragraph (5)) an applicant requiring paternity establishment services (other than an individual eligible for emergency assistance as defined in section 406(e), or presumptively eligible pursuant to section 1920) shall not be eligible for medical assistance under this title until such applicant-- ``(i) has furnished to the agency administering the State plan under part D of title IV the information specified in section 454(25)(E); or ``(ii) has been determined by such agency to have good cause not to cooperate; and ``(5) provide that the provisions of paragraph (4) shall not apply with respect to an applicant-- ``(i) if such agency has not, within 10 days after such individual was referred to such agency, provided the notification required by section 454(25)(D)(iii), until such notification is received); and ``(ii) if such individual appeals a determination that the individual lacks good cause for noncooperation, until after such determination is affirmed after notice and opportunity for a hearing.''. (d) Effective Date.--The amendments made by this section shall be effective with respect to applications filed in or after the first calendar quarter beginning 10 months or more after the date of the enactment of this Act (or such earlier quarter as the State may select) for aid under part A of title IV of the Social Security Act or for medical assistance under title XIX of such Act. SEC. 302. STATE OBLIGATION TO PROVIDE PATERNITY ESTABLISHMENT AND CHILD SUPPORT ENFORCEMENT SERVICES. (a) State Law Requirements.--Section 466(a) (42 U.S.C. 666(a)) is amended by adding at the end the following new paragraph: ``(12) Procedures under which-- ``(A) every child support order established or modified in the State on or after October 1, 1998, is recorded in the central case registry established in accordance with section 454A(e); and ``(B) child support payments are collected through the centralized collections unit established in accordance with section 454B-- ``(i) on and after October 1, 1998, under each order subject to wage withholding under section 466(b); and ``(ii) on and after October 1, 1999, under each other order required to be recorded in such central case registry under this paragraph or section 454A(e)-- ``(I) if requested by either party subject to such order, or ``(II) at the option of the State, regardless of whether application is made for services under this part.''. (b) State Plan Requirements.--Section 454 (42 U.S.C. 654) is amended-- (1) by striking paragraph (4) and inserting the following new paragraph: ``(4) provide that such State will undertake to provide appropriate services under this part to-- ``(A) each child with respect to whom an assignment is effective under section 402(a)(26), 471(a)(17), or 1912 (except in cases in which the State agency determines, in accordance with paragraph (25), that it is against the best interests of the child to do so); and ``(B) each child not described in subparagraph (A)-- ``(i) with respect to whom an individual applies for such services; or ``(ii) on and after October 1, 1998, with respect to whom a support order is recorded in the central State case registry established under section 454A, if application is made for services under this part;''; and (2) in paragraph (6)-- (A) by striking ``(6) provide that'' and all that follows through subparagraph (A) and inserting the following: ``(6) provide that-- ``(A) services under the State plan shall be made available to nonresidents on the same terms as to residents;''; (B) in subparagraph (B)-- (i) by inserting ``on individuals not receiving assistance under part A'' after ``such services shall be imposed''; and (ii) by inserting ``but no fees or costs shall be imposed on any absent or custodial parent or other individual for inclusion in the central State registry maintained pursuant to section 454A(e)''; and [[Page S 12848]] (C) in each of subparagraphs (B), (C), (D), and (E), by indenting such subparagraph and aligning its left margin with the left margin of subparagraph (A); and (D) in each of subparagraphs (B), (C), and (D), by striking the final comma and inserting a semicolon. (c) Conforming Amendments.-- (1) Paternity establishment percentage.--Section 452(g)(2)(A) (42 U.S.C. 652(g)(2)(A)) is amended by striking ``454(6)'' each place it appears and inserting ``454(4)(A)(ii)''. (2) State plan.--Section 454(23) (42 U.S.C. 654(23)) is amended, effective October 1, 1998, by striking ``information as to any application fees for such services and''. (3) Procedures to improve enforcement.--Section 466(a)(3)(B) (42 U.S.C. 666(a)(3)(B)) is amended by striking ``in the case of overdue support which a State has agreed to collect under section 454(6)'' and inserting ``in any other case''. (4) Definition of overdue support.--Section 466(e) (42 U.S.C. 666(e)) is amended by striking ``or (6)''. SEC. 303. DISTRIBUTION OF PAYMENTS. (a) Distributions Through State Child Support Enforcement Agency to Former Assistance Recipients.--Section 454(5) (42 U.S.C. 654(5)) is amended-- (1) in subparagraph (A)-- (A) by inserting ``except as otherwise specifically provided in section 464 or 466(a)(3),'' after ``is effective,''; and (B) by striking ``except that'' and all that follows through the semicolon; and (2) in subparagraph (B), by striking ``, except'' and all that follows through ``medical assistance''. (b) Distribution to a Family Currently Receiving AFDC.-- Section 457 (42 U.S.C. 657) is amended-- (1) by striking subsection (a) and redesignating subsection (b) as subsection (a); (2) in subsection (a), as redesignated-- (A) in the matter preceding paragraph (2), to read as follows: ``(a) In the Case of a Family Receiving AFDC.--Amounts collected under this part during any month as support of a child who is receiving assistance under part A (or a parent or caretaker relative of such a child) shall (except in the case of a State exercising the option under subsection (b)) be distributed as follows: ``(1) an amount equal to the amount that will be disregarded pursuant to section 402(a)(8)(A)(vi) shall be taken from each of-- ``(A) the amounts received in a month which represent payments for that month; and ``(B) the amounts received in a month which represent payments for a prior month which were made by the absent parent in that prior month; and shall be paid to the family without affecting its eligibility for assistance or decreasing any amount otherwise payable as assistance to such family during such month;''; (B) in paragraph (4), by striking ``or (B)'' and all that follows through the period and inserting ``; then (B) from any remainder, amounts equal to arrearages of such support obligations assigned, pursuant to part A, to any other State or States shall be paid to such other State or States and used to pay any such arrearages (with appropriate reimbursement of the Federal Government to the extent of its participation in the financing); and then (C) any remainder shall be paid to the family.''; and (3) by inserting after subsection (a), as redesignated, the following new subsection: ``(b) Alternative Distribution in Case of Family Receiving AFDC.--In the case of a State electing the option under this subsection, amounts collected as described in subsection (a) shall be distributed as follows: ``(1) an amount equal to the amount that will be disregarded pursuant to section 402(a)(8)(A)(vi) shall be taken from each of-- ``(A) the amounts received in a month which represent payments for that month; and ``(B) the amounts received in a month which represent payments for a prior month which were made by the absent parent in that prior month; and shall be paid to the family without affecting its eligibility for assistance or decreasing any amount otherwise payable as assistance to such family during such month; ``(2) second, from any remainder, amounts equal to the balance of support owed for the current month shall be paid to the family; ``(3) third, from any remainder, amounts equal to arrearages of such support obligations assigned, pursuant to part A, to the State making the collection shall be retained and used by such State to pay any such arrearages (with appropriate reimbursement of the Federal Government to the extent of its participation in the financing); ``(4) fourth, from any remainder, amounts equal to arrearages of such support obligations assigned, pursuant to part A, to any other State or States shall be paid to such other State or States and used to pay any such arrearages (with appropriate reimbursement of the Federal Government to the extent of its participation in the financing); and ``(5) fifth, any remainder shall be paid to the family.''. (c) Distribution to a Family Not Receiving AFDC.-- (1) In general.--Section 457(c) (42 U.S.C. 657(c)) is amended to read as follows: ``(c) Distributions In Case of Family Not Receiving AFDC.-- Amounts collected by a State agency under this part during any month as support of a child who is not receiving assistance under part A (or of a parent or caretaker relative of such a child) shall (subject to the remaining provisions of this section) be distributed as follows: ``(1) first, amounts equal to the total of such support owed for such month shall be paid to the family; ``(2) second, from any remainder, amounts equal to arrearages of such support obligations for months during which such child did not receive assistance under part A shall be paid to the family; ``(3) third, from any remainder, amounts equal to arrearages of such support obligations assigned to the State making the collection pursuant to part A shall be retained and used by such State to pay any such arrearages (with appropriate reimbursement of the Federal Government to the extent of its participation in the financing); and ``(4) fourth, from any remainder, amounts equal to arrearages of such support obligations assigned to any other State pursuant to part A shall be paid to such other State or States, and used to pay such arrearages, in the order in which such arrearages accrued (with appropriate reimbursement of the Federal Government to th

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AMENDMENTS SUBMITTED
(Senate - September 07, 1995)

Text of this article available as: TXT PDF [Pages S12842-S12870] AMENDMENTS SUBMITTED ______ THE FAMILY SELF-SUFFICIENCY ACT OF 1995 ______ BROWN (AND OTHERS) AMENDMENT NO. 2465 Mr. BROWN (for himself, Mr. Moynihan, Mr. Simpson, Mr. Murkowski, Mr. Kohl, Mr. Campbell, Mr. Feingold, Mr. Byrd, and Mr. Helms) proposed an amendment to amendment No. 2280 proposed by Mr. Dole to the bill (H.R. 4) to restore the American family, reduce illegitimacy, control welfare spending and reduce welfare dependence; as follows: At the appropriate place, insert the following: SEC. . EXPENDITURE OF FEDERAL FUNDS IN ACCORDANCE WITH LAWS AND PROCEDURES APPLICABLE TO EXPENDITURE OF STATE FUNDS. (a) In General.--Notwithstanding any other provision of law, any funds received by a State under the provisions of law specified in subsection (b) shall be expended only in accordance with the laws and procedures applicable to expenditures of the State's own revenues, including appropriation by the State legislature, consistent with the terms and conditions required under such provisions of law. (b) Provisions of Law.--The provisions of law specified in this subsection are the following: (1) Part A of title IV of the Social Security Act (relating to block grants for temporary assistance to needy families). (2) Section 25 of the Food Stamp Act of 1977 (relating to the optional State food assistance block grant). (3) Subtitles B and C of title VII of this Act (relating to workforce development). (4) The Child Care and Development Block Grant Act of 1990 (relating to block grants for child care). ______ MOYNIHAN AMENDMENT NO. 2466 Mr. MOYNIHAN proposed an amendment to amendment No. 2280 proposed by Mr. Dole to the bill H.R. 4, supra; as follows: In lieu of the matter proposed to be inserted, insert the following: SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Family Support Act of 1995''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. References to Social Security Act. TITLE I--STRENGTHENING THE JOBS PROGRAM Sec. 101. Increase in required JOBS participation rates. Sec. 102. Promoting work. Sec. 103. Funding for the JOBS program and child care. Sec. 104. Evaluation of the JOBS program. TITLE II--AID TO FAMILIES WITH DEPENDENT CHILDREN Subtitle A--Requirements for Teenage Parents Sec. 201. Case management for parents under age 20. Sec. 202. Participation in educational activity. Sec. 203. Living arrangement requirements. [[Page S 12843]] Subtitle B--State Flexibility Part I--Establishment of Interagency Welfare Review Board Sec. 211. Interagency Welfare Review Board. Sec. 212. Waiver application. Sec. 213. Review and approval of applications. Sec. 214. Definition of State. Part II--Additional Provisions Concerning Waivers Sec. 221. Schedule for consideration of waiver applications. Sec. 222. State authority to establish certain AFDC rules. Sec. 223. Waiver authority for the JOBS program. TITLE III--CHILD SUPPORT ENFORCEMENT Sec. 300. Short title. Subtitle A--Improvements to the Child Support Collection System Part I--Eligibility and Other Matters Concerning Title IV-D Program Clients Sec. 301. Cooperation requirement and good cause exception. Sec. 302. State obligation to provide paternity establishment and child support enforcement services. Sec. 303. Distribution of payments. Sec. 304. Rights to notification and hearings. Sec. 305. Privacy safeguards. Part II--Program Administration and Funding Sec. 311. Federal matching payments. Sec. 312. Performance-based incentives and penalties. Sec. 313. Federal and State reviews and audits. Sec. 314. Required reporting procedures. Sec. 315. Automated data processing requirements. Sec. 316. Director of CSE program; staffing study. Sec. 317. Funding for secretarial assistance to State programs. Sec. 318. Data collection and reports by the Secretary. Part III--Locate and Case Tracking Sec. 321. Central State and case registry. Sec. 322. Centralized collection and disbursement of support payments. Sec. 323. Amendments concerning income withholding. Sec. 324. Locator information from interstate networks. Sec. 325. Expanded Federal parent locator service. Sec. 326. Use of social security numbers. Part IV--Streamlining and Uniformity of Procedures Sec. 331. Adoption of uniform State laws. Sec. 332. Improvements to full faith and credit for child support orders. Sec. 333. State laws providing expedited procedures. Part V--Paternity Establishment Sec. 341. State laws concerning paternity establishment. Sec. 342. Outreach for voluntary paternity establishment. Part VI--Establishment and Modification of Support Orders Sec. 351. National Child Support Guidelines Commission. Sec. 352. Simplified process for review and adjustment of child support orders. Part VII--Enforcement of Support Orders Sec. 361. Federal income tax refund offset. Sec. 362. Internal Revenue Service collection of arrearages. Sec. 363. Authority to collect support from Federal employees. Sec. 364. Enforcement of child support obligations of members of the Armed Forces. Sec. 365. Voiding of fraudulent transfers. Sec. 366. State law authorizing suspension of licenses. Sec. 367. Reporting arrearages to credit bureaus. Sec. 368. Extended statute of limitation for collection of arrearages. Sec. 369. Charges for arrearages. Sec. 370. Denial of passports for nonpayment of child support. Part VIII--Medical Support Sec. 381. Technical correction to ERISA definition of medical child support order. Part IX--Access and Visitation Programs Sec. 391. Grants to States for access and visitation programs. Subtitle B--Effect of Enactment Sec. 395. Effective dates. Sec. 396. Severability. TITLE IV--SUPPLEMENTAL SECURITY INCOME Sec. 401. Revised regulations applicable to the determination of disability in individuals under the age of 18. Sec. 402. Directory of services. Sec. 403. Use of standardized tests and their equivalent. Sec. 404. Graduated benefits for additional children. Sec. 405. Treatment requirements for disabled individuals under the age of 18. Sec. 406. Special accounts for individuals under the age of 18. Sec. 407. Continuing disability reviews for individuals under the age of 18. Sec. 408. Coordination of services for SSI children. TITLE V--MISCELLANEOUS PROVISIONS Sec. 501. Uniform alien eligibility criteria for public assistance programs. Sec. 502. Deeming of sponsor's income and resources to an alien under the supplemental security income, aid to families with dependent children, and food stamp programs. Sec. 503. Adjustment to thrifty food plan. Sec. 504. Failure to comply with other welfare and public assistance programs. SEC. 2. REFERENCES TO SOCIAL SECURITY ACT. Except as otherwise specifically provided, whenever in this Act an amendment is expressed in terms of an amendment to or repeal of a section or other provision, the reference shall be considered to be made to that section or other provision of the Social Security Act (42 U.S.C. 301 et seq.). TITLE I--STRENGTHENING THE JOBS PROGRAM SEC. 101. INCREASE IN REQUIRED JOBS PARTICIPATION RATES. (a) In General.--Section 403(l)(3) (42 U.S.C. 603(l)(3)) is amended-- (1) in subparagraph (A)-- (A) in clause (v), by striking ``and''; (B) in clause (vi), by striking the period and inserting ``or 1996;''; and (C) by adding at the end the following new clauses: ``(vii) 30 percent if such year is 1997; ``(viii) 35 percent if such year is 1998; ``(ix) 40 percent if such year is 1999; ``(x) 45 percent if such year is 2000; and ``(xi) 50 percent if such year is 2001 or any year thereafter.''; and (2) in subparagraph (B)-- (A) in clause (ii)(IV), by striking ``fiscal years 1994 and 1995'' and inserting ``any fiscal year beginning after fiscal year 1993''; and (B) in clause (iii), by striking subclauses (I) and (II) and inserting the following: ``(I) the average monthly number of individuals required or allowed by the State to participate in the program under part F who have participated in such program in months in the computation period (including individuals who combine employment and participation in such program for an average of 20 hours a week in that month in such period), plus the number of individuals who are employed for an average of 20 hours a week in that month in such period, divided by ``(II) the average monthly number of individuals required to participate under the program under part F in such period (other than individuals described in subparagraph (C)(iii)(I) or (D) of section 402(a)(19) with respect to whom the State has exercised its option to require their participation), minus the average monthly number of individuals who are being sanctioned in such period pursuant to section 402(a)(19)(G).''. (b) Conforming Amendments.--The Family Support Act of 1988 (42 U.S.C. 1305 note) is amended by striking section 204(b)(2). SEC. 102. PROMOTING WORK. (a) Increased Employment and Job Retention.--Section 481(a) (42 U.S.C. 681(a)) is amended to read as follows: ``Sec. 481. (a) Purpose.--It is the purpose of this part to assist each State in providing such services as the State determines to be necessary to-- ``(1) enable individuals receiving assistance under part A to enter employment as quickly as possible; ``(2) increase job retention; and ``(3) ensure that needy families with children obtain the education, training, and employment that will help them avoid long-term welfare dependence.''. (b) State Agency Responsibilities.--Section 482(a)(2) (42 U.S.C. 682(a)(2)) is amended-- (1) by striking ``(2) The'' and inserting ``(2)(A) The''; and (2) by adding at the end the following new subparagraphs: ``(B) The State agency shall establish procedures to-- ``(i) encourage the placement of participants in jobs as quickly as possible, including using performance measures that reward staff performance, or such other management practice as the State may choose; and ``(ii) assist participants in retaining employment after they are hired. ``(C) The Secretary shall provide technical assistance and training to States to assist the States in implementing effective management practices and strategies in order to achieve the purpose of this part.''. (c) Services and Activities Under the JOBS Program.-- Section 482(d)(1)(A)(i) (42 U.S.C. 682(d)(1)(A)(i)) is amended-- (1) in the matter preceding subclause (I), by striking ``shall'' and inserting ``may''; and (2) in subclause (I), by striking ``(as appropriate)'' and all that follows through the semicolon and inserting a semicolon. (d) Job Placement Voucher Program.-- (1) Addition of program.--Section 482 (42 U.S.C. 682) is amended-- (A) in subsection (d)(1)(A)(ii)-- (i) in subclause (III), by striking ``and'' at the end; (ii) in subclause (IV), by striking the period and inserting ``; and''; and (iii) by adding at the end the following new subclause: ``(V) a job placement voucher program as described in subsection (h).''; [[Page S 12844]] (B) by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and (C) by inserting after subsection (g), the following subsection: ``(h) Job Placement Voucher Program.--(1) The State agency may establish and operate a job placement voucher program for individuals participating in the program under this part. ``(2) A State that elects to operate a job placement voucher program under this subsection-- ``(i) shall establish eligibility requirements for participation in the job placement voucher program; and ``(ii) may establish other requirements for such voucher program as the State deems appropriate. ``(3) A job placement voucher program operated by a State under this subsection shall include the following requirements: ``(A) The State shall identify, maintain, and make available to an individual applying for or receiving assistance under part A a list of State-approved job placement organizations that offer services in the area where the individual resides and a description of the job placement and support services each such organization provides. Such organizations may be publicly or privately owned and operated. ``(B)(i) An individual determined to be eligible for assistance under part A shall, at the time the individual becomes eligible for such assistance-- ``(I) receive the list and description described in subparagraph (A); ``(II) agree, in exchange for job placement and support services, to-- ``(aa) execute, within a period of time permitted by the State, a contract with a State-approved job placement organization which provides that the organization shall attempt to find employment for the individual; and ``(bb) comply with the terms of the contract; and ``(III) receive a job placement voucher (in an amount to be determined by the State) for payment to a State-approved job placement organization. ``(ii) The State shall impose the sanctions provided for in section 402(a)(19)(G) on any individual who does not fulfill the terms of a contract executed with a State-approved job placement organization. ``(C) At the time an individual executes a contract with a State-approved job placement organization, the individual shall provide the organization with the job placement voucher that the individual received pursuant to subparagraph (B). ``(D)(i) A State-approved job placement organization may redeem for payment from the State not more than 25 percent of the value of a job placement voucher upon the initial receipt of the voucher for payment of costs incurred in finding and placing an individual in an employment position. The remaining value of such voucher shall not be redeemed for payment from the State until the State-approved job placement organization-- ``(I) finds an employment position (as determined by the State) for the individual who provided the voucher; and ``(II) certifies to the State that the individual remains employed with the employer that the organization originally placed the individual with for the greater of-- ``(aa) 6 continuous months; or ``(bb) a period determined by the State. ``(ii) A State may modify, on a case-by-case basis, the requirement of clause (i)(II) under such terms and conditions as the State deems appropriate. ``(E)(i) The State shall establish performance-based standards to evaluate the success of the State job placement voucher program operated under this subsection in achieving employment for individuals participating in such voucher program. Such standards shall take into account the economic conditions of the State in determining the rate of success. ``(ii) The State shall, not less than once a fiscal year, evaluate the job placement voucher program operated under this subsection in accordance with the performance-based standards established under clause (i). ``(iii) The State shall submit a report containing the results of an evaluation conducted under clause (ii) to the Secretary and a description of the performance-based standards used to conduct the evaluation in such form and under such conditions as the Secretary shall require. The Secretary shall review each report submitted under this clause and may require the State to revise the performance- based standards if the Secretary determines that the State is not achieving an adequate rate of success for such State.''. (2) Conforming amendments.--Title IV (42 U.S.C. 681 et seq.) is amended-- (A) in section 403(l) (42 U.S.C. 603(l))-- (i) in paragraph (1)(A), by striking ``482(i)(2)'' and inserting ``482(j)(2)''; and (ii) in paragraph (4)(A)(i), by inserting ``a job placement voucher program,'' after ``on-the-job training,''; and (B) in section 431(a)(6) (42 U.S.C. 629a(a)(6))-- (i) by striking ``482(i)(5)'' and inserting ``482(j)(5)''; and (ii) by striking ``482(i)(7)(A)'' and inserting ``482(j)(7)(A)''. (3) Effective date.--The amendments made by paragraphs (1) and (2) shall be effective with respect to calendar quarters beginning with the second calendar quarter beginning after the date of the enactment of this Act. (e) Elimination of Requirement To Provide Educational Activities to Individuals Age 20 or Older; Permitting States To Provide Employment Services for Non-Custodial Parents.-- Section 482(d) (42 U.S.C. 682(d)) is amended-- (1) by striking paragraph (2); (2) by redesignating paragraph (3) as paragraph (2); and (3) in paragraph (2), as so redesignated-- (A) by striking ``up to 5''; and (B) by striking the second sentence. (f) Increase in Period in Which Earned Income Disregard May Apply Under Work Supplementation Program.--Section 482(e) (42 U.S.C. 682(e)) is amended in paragraphs (2)(G) and (4), by striking ``9 months'' and inserting ``12 months''. (g) State Flexibility for the Job Search Program.--Section 482(g) (42 U.S.C. 682(g)) is amended-- (1) in paragraph (2)-- (A) by inserting ``, and subject to paragraph (3),'' after ``section 402(a)(19)(B)(i)''; and (B) by striking ``applies)--'' and all that follows through the period at the end and inserting ``applies) at such time or times as the State agency may determine.''; and (2) in paragraph (3), by inserting ``, not including any period of job search that occurred at the same time that the individual was participating in another activity under this part'' after ``12 months''. SEC. 103. FUNDING FOR THE JOBS PROGRAM AND CHILD CARE. (a) Funding for the JOBS Program.-- (1) Increase in funding.--Section 403(k)(3) (42 U.S.C. 603(k)(3)) is amended-- (A) in subparagraph (E), by striking ``and''; and (B) by striking subparagraph (F) and inserting the following: ``(F) $1,200,000,000 in the case of the fiscal year 1996, ``(G) $1,300,000,000 in the case of the fiscal year 1997, ``(H) $1,600,000,000 in the case of the fiscal year 1998, ``(I) $1,900,000,000 in the case of the fiscal year 1999, ``(J) $2,200,000,000 in the case of the fiscal year 2000, and ``(K) $2,500,000,000 in the case of the fiscal year 2001, and each succeeding fiscal year,''. (2) Applicable percentages.-- (A) In general.--Section 403(l)(1) (42 U.S.C. 603(l)(1)) is amended-- (i) by striking ``(l)(1)(A) In lieu'' and inserting ``(l)(1) In lieu''; and (ii) by striking ``(including expenditures'' and all that follows through subparagraph (B), and inserting ``an amount equal to the greater of-- ``(A) 70 percent; or ``(B) the Federal medical assistance percentage (as defined in section 1118 in the case of any State to which section 1108 applies, or as defined in section 1905(b) in the case of any other State) plus ten percentage points, in the case of expenditures made by a State in operating such a program for in a fiscal year.''. (B) Conforming amendments.--Section 403(l) (42 U.S.C. 603(l)) is amended-- (i) in paragraph (2)(A), by striking ``paragraph (1)(A)'' and inserting ``paragraph (1)''; and (ii) in paragraph (3)(C), by striking ``paragraph (1)(A)'' and inserting ``paragraph (1)''. (b) Funding for Child Care.-- (1) Funding for jobs and transitional child care.-- (A) In general.--Section 402(g)(3)(A) (42 U.S.C. 602(g)(3)(A)) is amended to read as follows: ``(3)(A) In the case of amounts expended for child care pursuant to clause (i) or (ii) of paragraph (1)(A), the applicable rate for purposes of section 403(a) shall be the greater of-- ``(i) 70 percent; or ``(ii) the Federal medical assistance percentage (as defined in section 1118 in the case of any State to which section 1108 applies, or as defined in section 1905(b) in the case of any other State) plus ten percentage points.''. (B) Extension of the transitional child care program.-- Section 304(b) of the Family Support Act of 1988 (42 U.S.C. 602 note) is amended-- (i) by striking ``(1)''; and (ii) by striking paragraph (2). (2) Funding for at-risk child care.--Section 403(n)(1)(A) (42 U.S.C. 603(n)(1)(A)) is amended to read as follows: ``(A) 70 percent, or, if higher, the Federal medical assistance percentage (as defined in section 1118 in the case of any State to which section 1108 applies, or as defined in section 1905(b) in the case of any other State) plus ten percentage points, of the expenditures by the State in providing child care services pursuant to section 402(i), and in administering the provision of such child care services, for any fiscal year; and''. (c) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of the enactment of this Act. (2) Applicable percentages.--The amendments made by subsections (a)(2) and (b) shall take effect on October 1, 1996. SEC. 104. EVALUATION OF THE JOBS PROGRAM. (a) Evaluation Objectives and Development.-- (1) Objectives.--The Secretary shall develop and implement a plan for evaluating [[Page S 12845]] the programs operated by the States under part F of title IV of the Social Security Act (42 U.S.C. 681 et seq.). Such plan shall be designed to develop information to-- (A) assess the impacts of such programs with respect to-- (i) cost effectiveness; (ii) the level of earnings achieved; (iii) welfare receipt; (iv) job retention; (v) the effects on children; and (vi) such other factors as the Secretary may determine; (B) provide guidance to the Secretary in making any necessary changes and improvements in the performance standards required by section 487 of such Act (42 U.S.C. 687); and (C) enable the Secretary to provide technical assistance to the States to assist them in improving such programs and in meeting such standards. (2) Development of plan.--The plan described in paragraph (1) shall be developed by the Secretary in consultation with representatives of the States. (b) Definitions.--For purposes of this section: (1) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (2) State.--The term ``State'' means any of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for fiscal years 1996 through 2000 for the purpose of carrying out the provisions of this section. Any sums so appropriated shall remain available until expended. TITLE II--AID TO FAMILIES WITH DEPENDENT CHILDREN Subtitle A--Requirements for Teenage Parents SEC. 201. CASE MANAGEMENT FOR PARENTS UNDER AGE 20. (a) In General.--Section 482(b) (42 U.S.C. 682(b)) is amended by adding at the end the following new paragraph: ``(4) Case manager.--The State agency shall-- ``(A) assign a case manager to each custodial parent receiving aid under part A who is under age 20; ``(B) provide that case managers will have the training necessary (taking into consideration the recommendations of appropriate professional organizations) to enable them to carry out their responsibilities and will be assigned a caseload the size of which permits effective case management; and ``(C) provide that the case manager will be responsible for-- ``(i) assisting such parent in obtaining appropriate services, including at a minimum, parenting education, family planning services, education and vocational training, and child care and transportation services, ``(ii) making the determinations required to implement the provision of section 402(a)(43), ``(iii) monitoring such parent's compliance with all program requirements, and, where appropriate, providing incentives and applying sanctions, and ``(iv) providing general guidance, encouragement, and support to assist such parent in his or her role as a parent and in achieving self-sufficiency.''. (b) Effective Date.--The amendment made by this section shall be effective with respect to calendar quarters beginning on or after October 1, 1996. SEC. 202. PARTICIPATION IN EDUCATIONAL ACTIVITY. (a) In General.--Section 402(a)(19)(E) (42 U.S.C. 602(a)(19)(E)) is amended to read as follows: ``(E) that the State agency shall-- ``(i) in the case of a custodial parent who has not attained 20 years of age, has not successfully completed a high school education (or its equivalent), and is required to participate in the program (including an individual who would otherwise be exempt from participation in the program solely by reason of subparagraph (C)(iii)), require such parent to-- ``(I) attend school, ``(II) participate in a program that combines classroom and job training, or ``(III) work toward attainment of a high school education (or its equivalent); ``(ii) in the case of custodial parent who has not attained 20 years of age, but has successfully completed a high school education (or its equivalent), and is required to participate in the program (including an individual who would otherwise be exempt from participation in the program solely by reason of subparagraph (C)(iii)), require such parent to participate in a JOBS activity (including a work activity) approved by the State; ``(iii) establish criteria in accordance with regulations of the Secretary under which a custodial parent described in clauses (i) and (ii) who has not attained 20 years of age may be exempted from the requirements under such clause but the number of such parents exempted from such requirements shall not exceed 50 percent in fiscal year 2000 or any fiscal year thereafter; and ``(iv) at the option of the State, some or all custodial parents who are under age 20 (and pregnant women under age 20) who are receiving aid under this part will be required to participate in a program of monetary incentives and penalties, consistent with subsection (j);''. (b) State Option To Provide Additional Incentives and Penalties To Encourage Teenage Parents To Complete High School--Section 402 (42 U.S.C. 602) is amended by adding at the end the following new subsection: ``(j)(1) If a State chooses to conduct a program of monetary incentives and penalties to encourage custodial parents (and pregnant women) who are under age 20 to complete their high school (or equivalent) education, and participate in parenting activities, the State shall amend its State plan-- ``(A) to specify the one or more political subdivisions in which the State will conduct the program (or other clearly defined geographic area or areas), and ``(B) to describe its program in detail. ``(2) A program under this subsection-- ``(A) may, at the option of the State, include all such parents who are under age 21; ``(B) may, at the option of the State, require full-time participation in secondary school or equivalent educational activities, or participation in a course or program leading to a skills certificate found appropriate by the State agency or parenting education activities (or any combination of such activities and secondary education); ``(C) shall require that the case manager assigned to the custodial parent pursuant to paragraph (3) or (4) of section 482(b) will review the needs of such parent and will assure that, either in the initial development or revision of the parent's employability plan, there will be included a description of the services that will be provided to the parent and the way in which the case manager and service providers will coordinate with the educational or skills training activities in which the custodial parent is participating; ``(D) shall provide monetary incentives for more than minimally acceptable performance of required educational activities; and ``(E) shall provide penalties which may be those required by subsection (a)(19)(G) or, with the approval of the Secretary, other monetary penalties that the State finds will better achieve the objectives of the program. ``(3) When a monetary incentive is payable because of the more than minimally acceptable performance of required educational activities by a custodial parent, the incentive shall be paid directly to such parent, regardless of whether the State agency makes payment of aid under the State plan directly to such parent. ``(4)(A) For purposes of this part, monetary incentives paid under this subsection shall be considered aid to families with dependent children. ``(B) For purposes of any other Federal or federally assisted program based on need, no monetary incentive paid under this subsection shall be considered income in determining a family's eligibility for or amount of benefits under such program, and if aid is reduced by reason of a penalty under this subsection, such other program shall treat the family involved as if no such penalty has been applied. ``(5) The State agency shall from time to time provide such information as the Secretary may request, and otherwise cooperate with the Secretary, in order to permit evaluation of the effectiveness on a broad basis of the State's program conducted under this subsection.''. (c) Effective Date.--The amendments made by this section shall be effective with respect to calendar quarters beginning on or after October 1, 1996. SEC. 203. LIVING ARRANGEMENT REQUIREMENTS. (a) In General.--Section 402(a)(43) (42 U.S.C. 602(a)(43)) is amended-- (1) in the matter preceding subparagraph (A), by striking ``at the option of the State,'', (2) in subparagraph (A), by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, (3) by striking ``(A) subject to subparagraph (B),'' and inserting ``(A)(i) subject to clause (ii),'', (4) in subclause (II) of subparagraph (A)(i), as redesignated-- (A) by striking ``(where possible)'', and (B) by striking ``or other adult relative'' and inserting ``other adult relative, or other adult supervising the living arrangement'', and (5) by striking subparagraph (B) and inserting the following: ``(ii) clause (i) does not apply in any case in which the State agency-- ``(I) determines that the physical or emotional health or safety of such individual or such dependent child would be jeopardized if such individual and such dependent child lived in the same residence with such individual's own parent or legal guardian; or ``(II) otherwise determines in accordance with regulations issued by the Secretary that there is good cause for waiving such clause; and ``(B) if an individual is not residing in an alternative adult-supervised living arrangement that is approved by the State agency, the State agency (in consultation with the child welfare agency) is required to assist the individual in locating an appropriate living arrangement;''. (b) Effective Date.--The amendments made by this section shall be effective with respect to calendar quarters beginning on or after October 1, 1997. [[Page S 12846]] Subtitle B--State Flexibility PART I--ESTABLISHMENT OF INTERAGENCY WELFARE REVIEW BOARD SEC. 211. INTERAGENCY WELFARE REVIEW BOARD. (a) Establishment and Purpose.--In order to facilitate the consideration of welfare program requirement waiver requests that involve more than 1 Federal department or agency, there is established an Interagency Welfare Review Board (hereafter in this part referred to as the ``Board''). (b) Membership.--The Board shall consist of the following members: (1) The Secretary of Agriculture (or the designee of the Secretary). (2) The Secretary of Health and Human Services (or the designee of the Secretary). (3) The Secretary of Housing and Urban Development (or the designee of the Secretary). (4) The Secretary of Labor (or the designee of the Secretary). (5) The Secretary of Education (or the designee of the Secretary). (6) Such other individuals as the President determines appropriate. (c) Chairperson.--The President shall appoint 1 member of the Board to serve as Chairperson of the Board. (d) Vacancies.--A vacancy in the position of Chairperson shall be filled in the manner in which the original appointment was made. (e) No Additional Compensation.--The members of the Board may not be provided additional pay, allowances, or benefits by reason of their service on the Board. (f) Powers.-- (1) Assistance of other federal entities.--A member of the Board shall detail to the Chairperson, on a nonreimbursable basis, such officers and employees of the department or agency headed by the member, and shall make available to the Chairperson such assistance as the Chairperson may require to carry out the activities of the Board. (2) Use of united states mails.--The Chairperson may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (g) Duties.-- (1) In general.--The Board shall act as the central organization for coordinating the review of applications submitted under section 212 by States for waivers from the requirements of eligible Federal low-income assistance programs that involve more than 1 department or agency of the Federal Government. (2) Duty to provide technical assistance.--The Board shall provide assistance and technical advice to entities submitting applications under section 212 and implementing an assistance plan under an application approved under section 213. SEC. 212. WAIVER APPLICATION. Any State that is receiving or is eligible to receive funds or other assistance under eligible Federal low-income assistance programs involving more than 1 Federal department or agency and desires a waiver authorized by law from the Federal requirements with respect to such programs may submit to the Board an application for such waiver. The application shall be submitted in the form and manner prescribed by the Board. SEC. 213. REVIEW AND APPROVAL OF APPLICATIONS. (a) Review of Applications.--The Board shall review a waiver application submitted under section 212 and issue an advisory opinion with respect to such waiver application. Final decisions with respect to the waiver application shall be made by the Secretaries of the departments or agencies that have responsibility for administering the programs with respect to which the waiver is sought. (b) Action on Application.--The Board shall establish a schedule for the consideration of a waiver application submitted under section 212, to assure that the State will receive a final decision from the Secretaries described in subsection (a) on the waiver application not later than 90 days after the date the completed application is received by the Board. SEC. 214. DEFINITION OF STATE. (a) In General.--For purposes of this part, the term ``State'' means any of the 50 States, the District of Columbia, Puerto Rico, American Samoa, Guam, and the Virgin Islands. (b) Indian Tribes.--In the case of an eligible Federal low- income assistance program under which aid or assistance is provided with respect to an Indian tribe, the Indian tribal organization is deemed to be a State for purposes of this part. PART II--ADDITIONAL PROVISIONS CONCERNING WAIVERS SEC. 221. SCHEDULE FOR CONSIDERATION OF WAIVER APPLICATIONS. Section 1115 (42 U.S.C. 1315) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) by striking ``(a) In'' and inserting ``(a)(1) In''; and (3) by adding at the end the following new paragraph: ``(2) Not later than 90 days after the date a completed application from a State for a waiver under paragraph (1) is received by the Secretary, the Secretary shall approve or disapprove such application. In considering an application for a waiver, there shall be a presumption for approval in the case of a request for a waiver that is similar in substance and scale to one that the Secretary has previously approved.''. SEC. 222. STATE AUTHORITY TO ESTABLISH CERTAIN AFDC RULES. (a) In General.--Section 1115 (42 U.S.C. 1315) is amended by adding at the end the following new subsection: ``(e)(1) Any State having an approved plan under part A of title IV may, without receiving a waiver from the Secretary pursuant to this section or otherwise, establish any of the program changes described in paragraph (2) for purposes of providing aid or assistance under part A of such title. ``(2) The program changes described in this paragraph are the following: ``(A) Income and resource requirements other than those specified in section 402(a)(7) in order to test the effect of such requirements on an individual's effort to obtain employment. ``(B) Requirements relating to the disregard of income other than those specified in section 402(a)(8). ``(C) Standards for defining unemployment other than those prescribed by the Secretary pursuant to section 407(a). ``(D) Rules for the eligibility for aid or assistance under part A of title IV of an unemployed parent without regard to section 407(b)(1)(A)(iii). ``(3)(A) The Secretary shall evaluate a sufficient number of the program changes described in paragraph (2) which are established by a State in order to determine the impact of such changes on the receipt of aid to families with dependent children program under part A of title IV in such State, earnings achieved, costs to the Federal and State governments, and such other factors as the Secretary may determine. ``(B) Any State chosen by the Secretary for an evaluation under subparagraph (A) shall cooperate with such evaluation. ``(C) There are authorized to be appropriated such sums as may be necessary for the purpose of conducting evaluations under this paragraph. ``(4) The authority provided by paragraphs (1) and (2) of this subsection shall expire 5 years after the date on which this subsection takes effect.''. (b) Effective Date.--The amendment made by this section shall take effect on October 1, 1996. SEC. 223. WAIVER AUTHORITY FOR THE JOBS PROGRAM. Section 1115(a) (42 U.S.C. 1315(a)) is amended-- (1) in the matter preceding paragraph (1), by striking ``part A or D of title IV'' and inserting ``part A, D, or F of title IV''; (2) in paragraph (1), by inserting ``482,'' after ``454,''; and (3) in paragraph (2), by inserting ``402(g),'' after ``section 3,''. TITLE III--CHILD SUPPORT ENFORCEMENT SEC. 300. SHORT TITLE. This title may be cited as the ``Interstate Child Support Responsibility Act of 1995''. Subtitle A--Improvements to the Child Support Collection System PART I--ELIGIBILITY AND OTHER MATTERS CONCERNING TITLE IV-D PROGRAM CLIENTS SEC. 301. COOPERATION REQUIREMENT AND GOOD CAUSE EXCEPTION. (a) Child Support Enforcement Requirements.--Section 454 is amended-- (1) by striking ``and'' at the end of paragraph (23); (2) by striking the period at the end of paragraph (24) and inserting ``; and''; and (3) by adding after paragraph (24) the following new paragraph: ``(25) provide that the State agency administering the plan under this part-- ``(A) will make the determination specified under paragraph (4), as to whether an individual is cooperating with efforts to establish paternity and secure support (or has good cause not to cooperate with such efforts) for purposes of the requirements of sections 402(a)(26) and 1912; ``(B) will advise individuals, both orally and in writing, of the grounds for good cause exceptions to the requirement to cooperate with such efforts; ``(C) will take the best interests of the child into consideration in making the determination whether such individual has good cause not to cooperate with such efforts; ``(D)(i) will make the initial determination as to whether an individual is cooperating (or has good cause not to cooperate) with efforts to establish paternity within 10 days after such individual is referred to such State agency by the State agency administering the program under part A of title XIX; ``(ii) will make redeterminations as to cooperation or good cause at appropriate intervals; and ``(iii) will promptly notify the individual, and the State agencies administering such programs, of each such determination and redetermination; ``(E) with respect to any child born on or after the date 10 months after the date of the enactment of this provision-- ``(i) will not determine (or redetermine) the mother of such child to be cooperating with efforts to establish paternity unless the mother furnishes-- ``(I) the name of the putative father (or fathers); and ``(II) sufficient additional information to enable the State agency, if reasonable efforts were made, to verify the identity of the person named as the putative father (including such information as the putative father's present address, telephone number, date of birth, past or present place of employment, [[Page S 12847]] school previously or currently attended, and names and addresses of parents, friends, or relatives able to provide location information, or other information that could enable service of process on such person); and ``(ii) in the case of a caretaker who is not the mother and who is receiving payments for the child under part A, will determine (or redetermine) such caretaker to be reasonably cooperating with efforts to establish paternity under regulations prescribed by the Secretary; and ``(F)(i) (where a custodial parent who was initially determined not to be cooperating (or to have good cause not to cooperate) is later determined to be cooperating or to have good cause not to cooperate) will immediately notify the State agencies administering the programs under part A of title XIX that this eligibility condition has been met; and ``(ii) (where a custodial parent was initially determined to be cooperating (or to have good cause not to cooperate)) will not later determine such individual not to be cooperating (or not to have good cause not to cooperate) until such individual has been afforded an opportunity for a hearing.''. (b) AFDC Amendments.-- (1) Section 402(a)(11) is amended by striking ``furnishing of'' and inserting ``application for''. (2) Section 402(a)(26) is amended-- (A) in each of subparagraphs (A) and (B), by redesignating clauses (i) and (ii) as subclauses (I) and (II); (B) by indenting and redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iv), respectively; (C) in clause (ii), as redesignated-- (i) by striking ``is claimed, or in obtaining any other payments or property due such applicant or such child,'' and inserting ``is claimed;''; and (ii) by striking ``unless'' and all that follows through ``aid is claimed; and''; (D) by adding after clause (ii) the following new clause: ``(iii) to cooperate with the State in obtaining any other payments or property due such applicant or such child; and''; (E) in the matter preceding clause (i), as redesignated, to read as follows: ``(26) provide-- ``(A) that, as a condition of eligibility for aid, each applicant or recipient will be required (subject to subparagraph (C))--''; (F) in subparagraph (A)(iv), as redesignated, by striking ``, unless such individual'' and all that follows through ``individuals involved''; (G) by adding at the end the following new subparagraphs: ``(B) that the State agency will immediately refer each applicant requiring paternity establishment services to the State agency administering the program under part D; ``(C) that an individual will not be required to cooperate with the State, as provided under subparagraph (A), if the individual is found to have good cause for refusing to cooperate, as determined in accordance with standards prescribed by the Secretary, which standards shall take into consideration the best interests of the child on whose behalf aid is claimed-- ``(i) to the satisfaction of the State agency administering the program under part D, as determined in accordance with section 454(25), with respect to the requirements under clauses (i) and (ii) of subparagraph (A); and ``(ii) to the satisfaction of the State agency administering the program under this part, with respect to the requirements under clauses (iii) and (iv) of subparagraph (A); ``(D) that (except as provided in subparagraph (E)) an applicant requiring paternity establishment services (other than an individual eligible for emergency assistance as defined in section 406(e)) shall not be eligible for any aid under this part until such applicant-- ``(i) has furnished to the agency administering the State plan under part D the information specified in section 454(25)(E); or ``(ii) has been determined by such agency to have good cause not to cooperate; ``(E) that the provisions of subparagraph (D) shall not apply-- ``(i) if the State agency specified in such subparagraph has not, within 10 days after such individual was referred to such agency, provided the notification required by section 454(25)(D)(iii), until such notification is received; and ``(ii) if such individual appeals a determination that the individual lacks good cause for noncooperation, until after such determination is affirmed after notice and opportunity for a hearing; and''; and (H)(i) by relocating and redesignating as subparagraph (F) the text at the end of subparagraph (A)(ii) beginning with ``that, if the relative'' and all that follows through the semicolon; (ii) in subparagraph (F), as so redesignated and relocated, by striking ``subparagraphs (A) and (B) of this paragraph'' and inserting ``subparagraph (A)''; and (iii) by striking ``and'' at the end of subparagraph (a)(ii). (c) Medicaid Amendments.--Section 1912(a) is amended-- (1) in paragraph (1)(B), by inserting ``(except as provided in paragraph (2))'' after ``to cooperate with the State''; (2) in subparagraphs (B) and (C) of paragraph (1) by striking ``, unless'' and all that follows and inserting a semicolon; and (3) by redesignating paragraph (2) as paragraph (5), and inserting after paragraph (1) the following new paragraphs: ``(2) provide that the State agency will immediately refer each applicant or recipient requiring paternity establishment services to the State agency administering the program under part D of title IV; ``(3) provide that an individual will not be required to cooperate with the State, as provided under paragraph (1), if the individual is found to have good cause for refusing to cooperate, as determined in accordance with standards prescribed by the Secretary, which standards shall take into consideration the best interests of the individuals involved-- ``(A) to the satisfaction of the State agency administering the program under part D, as determined in accordance with section 454(25), with respect to the requirements to cooperate with efforts to establish paternity and to obtain support (including medical support) from a parent; and ``(B) to the satisfaction of the State agency administering the program under this title, with respect to other requirements to cooperate under paragraph (1); ``(4) provide that (except as provided in paragraph (5)) an applicant requiring paternity establishment services (other than an individual eligible for emergency assistance as defined in section 406(e), or presumptively eligible pursuant to section 1920) shall not be eligible for medical assistance under this title until such applicant-- ``(i) has furnished to the agency administering the State plan under part D of title IV the information specified in section 454(25)(E); or ``(ii) has been determined by such agency to have good cause not to cooperate; and ``(5) provide that the provisions of paragraph (4) shall not apply with respect to an applicant-- ``(i) if such agency has not, within 10 days after such individual was referred to such agency, provided the notification required by section 454(25)(D)(iii), until such notification is received); and ``(ii) if such individual appeals a determination that the individual lacks good cause for noncooperation, until after such determination is affirmed after notice and opportunity for a hearing.''. (d) Effective Date.--The amendments made by this section shall be effective with respect to applications filed in or after the first calendar quarter beginning 10 months or more after the date of the enactment of this Act (or such earlier quarter as the State may select) for aid under part A of title IV of the Social Security Act or for medical assistance under title XIX of such Act. SEC. 302. STATE OBLIGATION TO PROVIDE PATERNITY ESTABLISHMENT AND CHILD SUPPORT ENFORCEMENT SERVICES. (a) State Law Requirements.--Section 466(a) (42 U.S.C. 666(a)) is amended by adding at the end the following new paragraph: ``(12) Procedures under which-- ``(A) every child support order established or modified in the State on or after October 1, 1998, is recorded in the central case registry established in accordance with section 454A(e); and ``(B) child support payments are collected through the centralized collections unit established in accordance with section 454B-- ``(i) on and after October 1, 1998, under each order subject to wage withholding under section 466(b); and ``(ii) on and after October 1, 1999, under each other order required to be recorded in such central case registry under this paragraph or section 454A(e)-- ``(I) if requested by either party subject to such order, or ``(II) at the option of the State, regardless of whether application is made for services under this part.''. (b) State Plan Requirements.--Section 454 (42 U.S.C. 654) is amended-- (1) by striking paragraph (4) and inserting the following new paragraph: ``(4) provide that such State will undertake to provide appropriate services under this part to-- ``(A) each child with respect to whom an assignment is effective under section 402(a)(26), 471(a)(17), or 1912 (except in cases in which the State agency determines, in accordance with paragraph (25), that it is against the best interests of the child to do so); and ``(B) each child not described in subparagraph (A)-- ``(i) with respect to whom an individual applies for such services; or ``(ii) on and after October 1, 1998, with respect to whom a support order is recorded in the central State case registry established under section 454A, if application is made for services under this part;''; and (2) in paragraph (6)-- (A) by striking ``(6) provide that'' and all that follows through subparagraph (A) and inserting the following: ``(6) provide that-- ``(A) services under the State plan shall be made available to nonresidents on the same terms as to residents;''; (B) in subparagraph (B)-- (i) by inserting ``on individuals not receiving assistance under part A'' after ``such services shall be imposed''; and (ii) by inserting ``but no fees or costs shall be imposed on any absent or custodial parent or other individual for inclusion in the central State registry maintained pursuant to section 454A(e)''; and [[Page S 12848]] (C) in each of subparagraphs (B), (C), (D), and (E), by indenting such subparagraph and aligning its left margin with the left margin of subparagraph (A); and (D) in each of subparagraphs (B), (C), and (D), by striking the final comma and inserting a semicolon. (c) Conforming Amendments.-- (1) Paternity establishment percentage.--Section 452(g)(2)(A) (42 U.S.C. 652(g)(2)(A)) is amended by striking ``454(6)'' each place it appears and inserting ``454(4)(A)(ii)''. (2) State plan.--Section 454(23) (42 U.S.C. 654(23)) is amended, effective October 1, 1998, by striking ``information as to any application fees for such services and''. (3) Procedures to improve enforcement.--Section 466(a)(3)(B) (42 U.S.C. 666(a)(3)(B)) is amended by striking ``in the case of overdue support which a State has agreed to collect under section 454(6)'' and inserting ``in any other case''. (4) Definition of overdue support.--Section 466(e) (42 U.S.C. 666(e)) is amended by striking ``or (6)''. SEC. 303. DISTRIBUTION OF PAYMENTS. (a) Distributions Through State Child Support Enforcement Agency to Former Assistance Recipients.--Section 454(5) (42 U.S.C. 654(5)) is amended-- (1) in subparagraph (A)-- (A) by inserting ``except as otherwise specifically provided in section 464 or 466(a)(3),'' after ``is effective,''; and (B) by striking ``except that'' and all that follows through the semicolon; and (2) in subparagraph (B), by striking ``, except'' and all that follows through ``medical assistance''. (b) Distribution to a Family Currently Receiving AFDC.-- Section 457 (42 U.S.C. 657) is amended-- (1) by striking subsection (a) and redesignating subsection (b) as subsection (a); (2) in subsection (a), as redesignated-- (A) in the matter preceding paragraph (2), to read as follows: ``(a) In the Case of a Family Receiving AFDC.--Amounts collected under this part during any month as support of a child who is receiving assistance under part A (or a parent or caretaker relative of such a child) shall (except in the case of a State exercising the option under subsection (b)) be distributed as follows: ``(1) an amount equal to the amount that will be disregarded pursuant to section 402(a)(8)(A)(vi) shall be taken from each of-- ``(A) the amounts received in a month which represent payments for that month; and ``(B) the amounts received in a month which represent payments for a prior month which were made by the absent parent in that prior month; and shall be paid to the family without affecting its eligibility for assistance or decreasing any amount otherwise payable as assistance to such family during such month;''; (B) in paragraph (4), by striking ``or (B)'' and all that follows through the period and inserting ``; then (B) from any remainder, amounts equal to arrearages of such support obligations assigned, pursuant to part A, to any other State or States shall be paid to such other State or States and used to pay any such arrearages (with appropriate reimbursement of the Federal Government to the extent of its participation in the financing); and then (C) any remainder shall be paid to the family.''; and (3) by inserting after subsection (a), as redesignated, the following new subsection: ``(b) Alternative Distribution in Case of Family Receiving AFDC.--In the case of a State electing the option under this subsection, amounts collected as described in subsection (a) shall be distributed as follows: ``(1) an amount equal to the amount that will be disregarded pursuant to section 402(a)(8)(A)(vi) shall be taken from each of-- ``(A) the amounts received in a month which represent payments for that month; and ``(B) the amounts received in a month which represent payments for a prior month which were made by the absent parent in that prior month; and shall be paid to the family without affecting its eligibility for assistance or decreasing any amount otherwise payable as assistance to such family during such month; ``(2) second, from any remainder, amounts equal to the balance of support owed for the current month shall be paid to the family; ``(3) third, from any remainder, amounts equal to arrearages of such support obligations assigned, pursuant to part A, to the State making the collection shall be retained and used by such State to pay any such arrearages (with appropriate reimbursement of the Federal Government to the extent of its participation in the financing); ``(4) fourth, from any remainder, amounts equal to arrearages of such support obligations assigned, pursuant to part A, to any other State or States shall be paid to such other State or States and used to pay any such arrearages (with appropriate reimbursement of the Federal Government to the extent of its participation in the financing); and ``(5) fifth, any remainder shall be paid to the family.''. (c) Distribution to a Family Not Receiving AFDC.-- (1) In general.--Section 457(c) (42 U.S.C. 657(c)) is amended to read as follows: ``(c) Distributions In Case of Family Not Receiving AFDC.-- Amounts collected by a State agency under this part during any month as support of a child who is not receiving assistance under part A (or of a parent or caretaker relative of such a child) shall (subject to the remaining provisions of this section) be distributed as follows: ``(1) first, amounts equal to the total of such support owed for such month shall be paid to the family; ``(2) second, from any remainder, amounts equal to arrearages of such support obligations for months during which such child did not receive assistance under part A shall be paid to the family; ``(3) third, from any remainder, amounts equal to arrearages of such support obligations assigned to the State making the collection pursuant to part A shall be retained and used by such State to pay any such arrearages (with appropriate reimbursement of the Federal Government to the extent of its participation in the financing); and ``(4) fourth, from any remainder, amounts equal to arrearages of such support obligations assigned to any other State pursuant to part A shall be paid to such other State or States, and used to pay such arrearages, in the order in which such arrearages accrued (with appropriate reimbursement of the Federal Govern