Personal Responsibility and Work Opportunity Reconciliation Act of 1996

An Act To provide for reconciliation pursuant to section 201(a)(1) of the concurrent resolution on the budget for fiscal year 1997.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Section 1. Short Title.

This Act may be cited as the "Personal Responsibility and Work Opportunity Reconciliation Act of 1996". . . .

Title I—Block Grants for Temporary Assistance for Needy Families

Sec. 101. Findings.

The Congress makes the following findings:

     (1) Marriage is the foundation of a successful society.

     (2) Marriage is an essential institution of a successful society which promotes the interests of children.

     (3) Promotion of responsible fatherhood and motherhood is integral to successful child rearing and the well-being of children. 

     (4) In 1992, only 54 percent of single-parent families with children had a child support order established and, of that 54 percent, only about one-half received the full amount due. Of the cases enforced through the public child support enforcement system, only 18 percent of the caseload has a collection.

     (5) The number of individuals receiving aid to families with dependent children (in this section referred to as "AFDC") has more than tripled since 1965. More than two-thirds of these recipients are children. Eighty-nine percent of children receiving AFDC benefits now live in homes in which no father is present. . . . 

     (8) The negative consequences of an out-of-wedlock birth on the mother, the child, the family, and society are well documented as follows:

          (A) Young women 17 and under who give birth outside of marriage are more likely to go on public assistance and to spend more years on welfare once enrolled. These combined effects of "younger and longer" increase total AFDC costs per household by 25 percent to 30 percent for 17-year-olds.

          (B) Children born out-of-wedlock have a substantially higher risk of being born at a very low or moderately low birth weight.

          (C) Children born out-of-wedlock are more likely to experience low verbal cognitive attainment, as well as more child abuse, and neglect.

          (D) Children born out-of-wedlock were more likely to have lower cognitive scores, lower educational aspirations, and a greater likelihood of becoming teenage parents themselves.

          (E) Being born out-of-wedlock significantly reduces the chances of the child growing up to have an intact marriage.

          (F) Children born out-of-wedlock are 3 times more likely to be on welfare when they grow up. . . . 

     (10) Therefore, in light of this demonstration of the crisis in our Nation, it is the sense of the Congress that prevention of out-of-wedlock pregnancy and reduction in out-of-wedlock birth are very important Government interests and the policy contained in part A of title IV of the Social Security Act (as amended by section 103(a) of this Act) is intended to address the crisis. . . . 

Sec. 103. Block Grants to States.

(a) In General.—Part A of title IV (42 U.S.C. 601 et seq.) is amended—

     (1) by striking all that precedes section 418 (as added by section 603(b)(2) of this Act) and inserting the following:

"Part A—Block Grants to States for Temporary Assistance for Needy Families

"Sec. 401. Purpose.

(a) In General.—The purpose of this part is to increase the flexibility of States in operating a program designed to—

     "(1) provide assistance to needy families so that children may be cared for in their own homes or in the homes of relatives;

     "(2) end the dependence of needy parents on government benefits by promoting job preparation, work, and marriage;

     "(3) prevent and reduce the incidence of out-of-wedlock pregnancies and establish annual numerical goals for preventing and reducing the incidence of these pregnancies; and

     "(4) encourage the formation and maintenance of two-parent families.

"(b) No Individual Entitlement.—This part shall not be interpreted to entitle any individual or family to assistance under any State program funded under this part.

"Sec. 402. Eligible States; State Plan.

(a) In General.—As used in this part, the term 'eligible State' means, with respect to a fiscal year, a State that, during the 2-year period immediately preceding the fiscal year, has submitted to the Secretary a plan that the Secretary has found includes the following:

     "(1) Outline of Family Assistance Program.—

          "(A) General Provisions.—A written document that outlines how the State intends to do the following:

               "(i) Conduct a program, designed to serve all political subdivisions in the State (not necessarily in a uniform manner), that provides assistance to needy families with (or expecting) children and provides parents with job preparation, work, and support services to enable them to leave the program and become self-sufficient.

               "(ii) Require a parent or caretaker receiving assistance under the program to engage in work (as defined by the State) once the State determines the parent or caretaker is ready to engage in work, or once the parent or caretaker has received assistance under the program for 24 months (whether or not consecutive), whichever is earlier.

               "(iii) Ensure that parents and caretakers receiving assistance under the program engage in work activities in accordance with section 407.

               "(iv) Take such reasonable steps as the State deems necessary to restrict the use and disclosure of information about individuals and families receiving assistance under the program attributable to funds provided by the Federal Government.

               "(v) Establish goals and take action to prevent and reduce the incidence of out-of-wedlock pregnancies, with special emphasis on teenage pregnancies, and establish numerical goals for reducing the illegitimacy ratio of the State (as defined in section 403(a)(2)(B)) for calendar years 1996 through 2005.

               "(vi) Conduct a program, designed to reach State and local law enforcement officials, the education system, and relevant counseling services, that provides education and training on the problem of statutory rape so that teenage pregnancy prevention programs may be expanded in scope to include men.

          "(B) Special Provisions.—

               "(i) The document shall indicate whether the State intends to treat families moving into the State from another State differently than other families under the program, and if so, how the State intends to treat such families under the program.

               "(ii) The document shall indicate whether the State intends to provide assistance under the program to individuals who are not citizens of the United States, and if so, shall include an overview of such assistance,

               "(iii) The document shall set forth objective criteria for the delivery of benefits and the determination of eligibility and for fair and equitable treatment, including an explanation of how the State will provide opportunities for recipients who have been adversely affected to be heard in a State administrative or appeal process.

               "(iv) Not later than 1 year after the date of enactment of this Act, unless the chief executive officer of the State opts out of this provision by notifying the Secretary, a State shall, consistent with the exception provided in section 407(e)(2), require a parent or caretaker receiving assistance under the program who, after receiving such assistance for 2 months is not exempt from work requirements and is not engaged in work, as determined under section 407(c), to participate in community service employment, with minimum hours per week and tasks to be determined by the State.

     "(2) Certification That the State Will Operate a Child Support Enforcement Program.—A certification by the chief executive officer of the State that, during the fiscal year, the State will operate a child support enforcement program under the State plan approved under part D.

     "(3) Certification That the State Will Operate a Foster Care and Adoption Assistance Program.—A Certification by the chief executive officer of the State that, during the fiscal year, the State will operate a foster care and adoption assistance program under the State plan approved under part E, and that the State will take such actions as are necessary to ensure that children receiving assistance under such part are eligible for medical assistance under the State plan under title XIX.

     "(4) Certification of the Administration of the Program.—A certification by the chief executive officer of the State specifying which State agency or agencies will administer and supervise the program referred to in paragraph (1) for the fiscal year, which shall include assurances that local governments and private sector organizations—

          "(A) have been consulted regarding the plan and design of welfare services in the State so that services are provided in a manner appropriate to local populations; and

          "(B) have had at least 45 days to submit comments on the plan and the design of such services.

     "(5) Certification That the State Will Provide Indians With Equitable Access to Assistance.—A certification by the chief executive officer of the State that, during the fiscal year, the State will provide each member of an Indian tribe, who is domiciled in the State and is not eligible for assistance under a tribal family assistance plan approved under section 412, with equitable access to assistance under the State program funded under this part attributable to funds provided by the Federal Government.

     "(6) Certification of Standards and Procedures to Ensure Against Program Fraud and Abuse.—A certification by the chief executive officer of the State that the State has established and is enforcing standards and procedures to ensure against program fraud and abuse, including standards and procedures concerning nepotism, conflicts of interest among individuals responsible for the administration and supervision of the State program, kickbacks, and the use of political patronage.

     "(7) Optional Certification of Standards and Procedures to Ensure That the State Will Screen for and Identify Domestic Violence.—

          "(A) In General.—At the option of the State, a certification by the chief executive officer of the State that the State has established and is enforcing standards and procedures to—

               "(i) screen and identify individuals receiving assistance under this part with a history of domestic violence while maintaining the confidentiality of such individuals;

               "(ii) refer such individuals to counseling and supportive services; and

               "(iii) waive, pursuant to a determination of good cause, other program requirements such as time limits (for so long as necessary) for individuals receiving assistance, residency requirements, child support cooperation requirements, and family cap provisions, in cases where compliance with such requirements would make it more difficult for individueds receiving assistance under this part to escape domestic violence or unfairly penalize such individuals who are or have been victimized by such violence, or individuals who are at risk of further domestic violence.

          "(B) Domestic Violence Defined.—For purposes of this paragraph, the term 'domestic violence' has the same meaning as the term 'battered or subjected to extreme cruelty, as defined in section 408(a)(7)(C)(iii).

"(b) Public Availability of State Plan Summary.—The State shall make available to the public a summary of any plan submitted by the State under this section. . . .

"Sec. 408. Prohibitions; Requirements.

"(a) In General.—

     "(1) No Assistance for Families Without a Minor Child.—A State to which a grant is made rnider section 403 shall not use any part of the grant to provide assistance to a family—

          "(A) unless the family includes—

               "(i) a minor child who resides with a custodial parent or other adult caretaker relative of the child; or

               "(ii) a pregnant individual; and

          "(B) if the family includes an adult who has received assistance under any State program funded under this part attributable to funds provided by the Federal Government, for 60 months (whether or not consecutive) after the date the State program funded under this part commences (unless an exception described in subparagraph (B), (C), or (D) of paragraph (7) applies).

     "(2) Reduction or Elimination of Assistance for Noncooperation in Establishing Paternity or Obtaining Child Support.—If the agency responsible for administering the State plan approved imder part D determines that an individual is not cooperating with the State in establishing paternity or in establishing, modifying, or enforcing a support order with respect to a child of the individual, and the individual does not qualify for any good cause or other exception established by the State pursuant to section 454(29), then the State—

          "(A) shall deduct from the assistance that would otherwise be provided to the family of the individual under the State program funded under this part an amount equal to not less than 25 percent of the amount of such assistance; and

          "(B) may deny the family any assistance under the State program. State program.

     "(3) No Assistance for Families Not Assigning Certain Support Rights to the State.—

          "(A) In General.—A State to which a grant is made under section 403 shall require, as a condition of providing assistance to a family under the State program funded under this part, that a member of the family assign to the State any rights the family member may have (on behalf of the family member or of any other person for whom the family member has applied for or is receiving such assistance) to support from any other person, not exceeding the total amount of assistance so provided to the family, which accrue (or have accrued) before the date the family leaves the program, which assignment, on and after the date the family leaves the program, shall not apply with respect to any support (other than support collected pursuant to section 464) which accrued before the family received such assistance and which the State has not collected by—

               "(i) September 30, 2000, if the assignment is executed on or after October 1, 1997, and before October 1, 2000; or

               "(ii) the date the family leaves the program, if the assignment is executed on or after October 1, 2000.

          "(B) Limitation.—A State to which a grant is made under section 403 shall not require, as a condition of providing assistance to any family under the State program funded under this part, that a member of the family assign to the State any rights to support described in subparagraph (A) which accrue after the date the family leaves the program.

     "(4) No Assistance for Teenage Parents Who Do Not Attend High School or Other Equivalent Training Program.—A State to which a grant is made under section 403 shall not use any part of the grant to provide assistance to an individual who has not attained 18 years of age, is not married, has a minor child at least 12 weeks of age in his or her care, and has not successfully completed a high-school education (or its equivalent), if the individual does not participate in—

          "(A) educational activities directed toward the attainment of a high school diploma or its equivalent; or

          "(B) an alternative educational or training program that has been approved by the State.

     "(5) No Assistance for Teenage Parents Not Living in Adult-Supervised Settings.—

          "(A) In General.—

               "(i) Requirement.—Except as provided in subparagraph (B), a State to which a grant is made under section 403 shall not use any part of the grant to provide assistance to an individual described in clause (ii) of this subparagraph if the individual and the minor child referred to in clause (ii)(II) do not reside in a place of residence maintained by a parent, legal guardian, or other adult relative of the individual as such parent's, guardian's, or adult relative's own home.

               "(ii) Individual Described.— For purposes of clause (i), an individual described in this clause is an individual who—

                    "(I) has not attained 18 years of age; and

                    "(II) is not married, and has a minor child in his or her care.

          "(B) Exception.—

               "(i) Provision of, or Assistance in Locating, Adult-Supervised Living Arrangement.—In the case of an individual who is described in clause (ii), the State agency referred to in section 402(a)(4) shall provide, or assist the individual in locating, a second chance home, maternity home, or other appropriate adult-supervised supportive living arrangement, taking into consideration the needs and concerns of the individual, unless the State agency determines that the individual's current living arrangement is appropriate, and thereafter shall require that the individual and the minor child referred to in subparagraph (A)(ii)(II) reside in such living arrangement as a condition of the continued receipt of assistance under the State program funded under this part attributable to funds provided by the Federal Government (or in an alternative appropriate arrangement, should circumstances change and the current arrangement cease to be appropriate).

               "(ii) Individual Described.—For purposes of clause (i), an individual is described in this clause if the individual is described in subparagraph (A)(ii), and—

                    "(I) the individual has no parent, legal guardian, or other appropriate adult relative described in subclause (II) of his or her own who is living or whose whereabouts are known;

                    "(II) no living parent, legal guardian, or other appropriate adult relative, who would otherwise meet applicable State criteria to act as the individual's legal guardian, of such individual allows the individual to live in the home of such parent, guardian, or relative;

                    "(III) the State agency determines that—

                         "(aa) the individual or the minor child referred to in subparagraph (A)(ii)(II) is being or has been subjected to serious physical or emotional harm, sexual abuse, or exploitation in the residence of the individual's own parent or legal guardian; or

                         "(bb) substantial evidence exists of an act or failure to act that presents an imminent or serious harm if the individual and the minor child lived in the same residence with the individual's own parent or legal guardian; or

                    "(IV) the State agency otherwise determines that it is in the best interest of the minor child to waive the requirement of subparagraph (A) with respect to the individual or the minor child.

               "(iii) Second-Chance Home.—For purposes of this subparagraph, the term 'second-chance home' means an entity that provides individuals described in clause (ii) with a supportive and supervised living arrangement in which such individuals are required to learn parenting skills, including child development, family budgeting, health and nutrition, and other skills to promote their long-term economic independence and the well-being of their children.

     "(6) No Medical Services.—

          "(A) In General.—A State to which a grant is made under section 403 shall not use any part of the grant to provide medical services.

          "(B) Exception for Prepregnancy Family Planning Services.—As used in subparagraph (A), the term 'medical services' does not include prepregnancy family planning services. 

     "(7) No Assistance for More Than 5 Years.—

          "(A) In General.—A State to which a grant is made under section 403 shall not use any part of the grant to provide assistance to a family that includes an adult who has received assistance under any State program funded under this part attributable to funds provided by the Federal Government, for 60 months (whether or not consecutive) after the date the State program funded under this part commences, subject to this paragraph.

          "(B) Minor Child Exception.—In determining the number of months for which an individual who is a parent or pregnant has received assistance under the State program funded under this part, the State shall disregard any month for which such assistance was provided with respect to the individual and during which the individual was—

               "(i) a minor child; and

               "(ii) not the head of a household or married to the head of a household.

          "(C) Hardship Exception.—

               "(i) In General.—The State may exempt a family from the application of subparagraph (A) by reason of hardship or if the family includes an individual who has been battered or subjected to extreme cruelty.

               "(ii) Limitation.—The number of families with respect to which an exemption made by a State under clause (i) is in effect for a fiscal year shall not exceed 20 percent of the average monthly number of families to which assistance is provided under the State program funded under this part.

               "(iii) Battered or Subject to Extreme Cruelty Defined.—For purposes of clause (i), an individual has been battered or subjected to extreme cruelty if the individual has been subjected to—

                    "(I) physical acts that resulted in, or threatened to result in, physical injury to the individual;

                    "(II) sexual abuse;

                    "(III) sexual activity involving a dependent child;

                    "(IV) being forced as the caretaker relative of a dependent child to engage in nonconsensual sexual acts or activities;

                    "(V) threats of, or attempts at, physical or sexual abuse;

                    "(VI) mental abuse; or

                    "(VII) neglect or deprivation of medical care.

          "(D) Disregard of Months of Assistance Received by Adult While Living on an Indian Reservation or in an Alaskan Native Village With 50 Percent Unemployment.—In determining the number of months for which an adult has received assistance under the State program funded under this part, the State shall disregard any month during which the adult lived on an Indian reservation or in an Alaskan Native village if, during the month—

               "(i) at least 1,000 individuals were living on the reservation or in the village ; and

               "(ii) at least 50 percent of the adults living on the reservation or in the village were unemployed.

          "(E) Rule of Interpretation.—Subparagraph (A) shall not be interpreted to require any State to provide assistance to any individual for any period of time under the State program funded under this part.

          "(F) Rule of Interpretation.—This part shall not be interpreted to prohibit any State from expending State funds not originating with the Federal Government on benefits for children or families that have become ineligible for assistance under the State program funded under this part by reason of subparagraph (A).

     "(8) Denial of Assistance for 10 Years to a Person Found to Have Fraudulently Misrepresented Residence in Order to Obtain Assistance in 2 or More States.—A State to which a grant is made under section 403 shall not use any part of the grant to provide cash assistance to an individual during the 10-year period that begins on the date the individual is convicted in Federal or State court of having made a fraudulent statement or representation with respect to the place of residence of the individual in order to receive assistance simultaneously from 2 or more States under programs that are funded under this title, title XIX, or the Food Stamp Act of 1977, or benefits in 2 or more States under the supplemental security income program under title XVI. The preceding sentence shall not apply with respect to a conviction of an individual, for any month beginning after the President of the United States grants a pardon with respect to the conduct which was the subject of the conviction.

     "(9) Denial of Assistance for Fugitive Felons and Probation and Parole Violators.—

          "(A) In General.—A State to which a grant is made under section 403 shall not use any part of the grant to provide assistance to any individual who is—

               "(i) fleeing to avoid prosecution, or custody or confinement after conviction, under the laws of the place from which the individual flees, for a crime, or an attempt to commit a crime, which is a felony under the laws of the place from which the individual flees, or which, in the case of the State of New Jersey, is a high misdemeanor under the laws of such State; or

               "(ii) violating a condition of probation or parole imposed under Federal or State law. The preceding sentence shall not apply with respect to conduct of an individual, for any month beginning after the President of the United States grants a pardon with respect to the conduct.

          "(B) Exchange of Information With Law Enforcement Agencies.—If a state to which a grant is made under section 403 establishes safeguards against the use or disclosure of information about applicants or recipients of assistance under the State program funded under this part, the safeguards shall not prevent the State agency administering the program from furnishing a Federal, State, or local law enforcement officer, upon the request of the officer, with the current address of any recipient if the officer furnishes the agency with the name of the recipient and notifies the agency that—

               "(i) the recipient—

                    "(I) is described in subparagraph (A); or

                    "(II) has information that is necessary for the officer to conduct the official duties of the officer; and

               "(ii) the location or apprehension of the recipient is within such official duties. 

     "(10) Denial of Assistance for Minor Children Who Are Absent From the Home for a Significant Period.—

          "(A) In General.—A State to which a grant is made under section 403 shall not use any part of the grant to provide assistance for a minor child who has been, or is expected by a parent (or other caretaker relative) of the child to be, absent from the home for a period of 45 consecutive days or, at the option of the State, such period of not less than 30 and not more than 180 consecutive days as the State may provide for in the State plan submitted pursuant to section 402.

          "(B) State Authority to Establish Good Cause Exceptions.—The State may establish such good cause exceptions to subparagraph (A) as the State considers appropriate if such exceptions are provided for in the State plan submitted pursuant to section 402.

          "(C) Denial of Assistance for Relative Who Fails to Notify State Agency of Absence of Child.—A State to which a grant is made under section 403 shall not use any part of the grant to provide assistance for an individual who is a parent (or other caretaker relative) of a minor child and who fails to notify the agency administering the State program funded under this part of the absence of the minor child from the home for the period specified in or provided for pursuant to subparagraph (A), by the end of the 5-day period that begins with the date that it becomes clear to the parent (or relative) that the minor child will be absent for such period so specified or provided for.

     "(11) Medical Assistance Required to Be Provided for Certain Families Having Earnings From Employment or Child Support.—

          "(A) Earnings From Employment.—A State to which a grant is made under section 403 and which has a State plan approved under title XIX shall provide that in the case of a family that is treated (under section 1931(b)(1)(A) for purposes of title XIX) as receiving aid under a State plan approved under this part (as in effect on July 16, 1996), that would become ineligible for such aid because of hours of or income from employment of the caretaker relative (as defined under this part as in effect on such date) or because of section 402(a)(8)(B)(ii)(II) (as so in effect), and that was so treated as receiving such aid in at least 3 of the 6 months immediately preceding the month in which such ineligibility begins, the family shall remain eligible for medical assistance under the State's plan approved under title XIX for an extended period or periods as provided in section 1925 or 1902(e)(1) (as applicable), and that the family will be appropriately notified of such extension as required by section 1925(a)(2). 

          "(B) Child Support.—A State to which a grant is made under section 403 and which has a State plan approved under title XIX shall provide that in the case of a family that is treated (under section 1931(b)(1)(A) for purposes of title XIX) as receiving aid under a State plan approved under this part (as in effect on July 16, 1996), that would become ineligible for such aid as a result (wholly or partly) of the collection of child or spousal support under part D and that was so treated as receiving such aid in at least 3 of the 6 months immediately preceding the month in which such ineligibility begins, the family shall remain eligible for medical assistance under the State's plan approved under title XIX for an extended period or periods as provided in section 1931(c)(1).

"(b) Individual Responsibility Plans.—

     "(1) Assessment.—The State agency responsible for administering the State program funded under this part shall make an initial assessment of the skills, prior work experience, and employability of each recipient of assistance under the program who—

          "(A) has attained 18 years of age; or

          "(B) has not completed high school or obtained a certificate of high school equivalency, and is not attending secondary school.

     "(2) Contents of Plans.—

          "(A) In General.—On the basis of the assessment made under subsection (a) with respect to an individual, the State agency, in consultation with the individual, may develop an individual responsibility plan for the individual, which—

               "(i) sets forth an employment goal for the individual and a plan for moving the individual immediately into private sector employment;

               "(ii) sets forth the obligations of the individual, which may include a requirement that the individual attend school, maintain certain grades and attendance, keep school age children of the individual in school, immunize children, attend parenting and money management classes, or do other things that will help the individual become and remain employed in the private sector;

               "(iii) to the greatest extent possible is designed to move the individual into whatever private sector employment the individual is capable of handling as quickly as possible, and to increase the responsibility and amount of work the individual is to handle over time;

               "(iv) describes the services the State will provide the individual so that the individual will be able to obtain and keep employment in the private sector, and describe the job counseling and other services that will be provided by the State; and

               "(v) may require the individual to undergo appropriate substance abuse treatment.

          "(B) Timing.—The State agency may comply with paragraph (1) with respect to an individual—

               "(i) within 90 days (or, at the option of the State, 180 days) after the effective date of this part, in the case of an individual who, as of such effective date, is a recipient of aid under the State plan approved under part A (as in effect immediately before such effective date); or

               "(ii) within 30 days (or, at the option of the State, 90 days) after the individual is determined to be eligible for such assistance, in the case of any other individual.

     "(3) Penalty for Noncompliance by Individual.—In addition to any other penalties required under the State program funded under this part, the State may reduce, by such amount as the State considers appropriate, the amount of assistance otherwise payable under the State program to a family that includes an individual who fails without good cause to comply with an individual responsibility plan signed by the individual.

     "(4) State Discretion.—The exercise of the authority of this subsection shall be within the sole discretion of the State. 

"(c) Nondiscrimination Provisions.—The following provisions of law shall apply to any program or activity which receives funds provided under this part:

     "(1) The Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.).

     "(2) Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794).

     "(3) The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).

      "(4) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).

"(d) Aliens.—For special rules relating to the treatment of aliens, see section 402 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. . . .

Approved August 22, 1996.