Individual Responsibility Act of 1995

TABLE OF CONTENTS:

Title I: Time-Limited Transitional Assistance

Title II: Make Work Pay

Title III: The Work First Program

Title IV: Family Responsibility and Improved Child Support

Enforcement

Title V: Teen Pregnancy and Family Stability

Title VI: Program Simplification

Title VII: Child Protection Block Grant Program

Title VIII: SSI Reform

Title IX: Financing

Title X: Food Assistance Reform

Title XI: Deficit Reduction

Title XII: Effective Date

Individual Responsibility Act of 1995 - Title I: Time-Limited Transitional Assistance - Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act (SSA) to: (1) require States opting to have work first programs to make ineligible for AFDC any family with a member who has participated in such work program, generally, for two years (and so is prohibited from further participation), while preserving the eligibility of such families for Medicaid; and (2) direct the Secretary of Health and Human Service (Secretary) to establish a database of work first and community service programs participants for use by States opting to have work first programs.

Title II: Make Work Pay - Amends SSA titles XIX (Medicaid) and IV part A (AFDC), the Internal Revenue Code (IRC) and other specified Federal law, to make various specified changes with regard to certain program aspects, including: (1) extended Medicaid enrollment for former AFDC recipients; (2) increased AFDC earned income disregards; (3) limited AFDC income and resource disregards of savings for education, first time home purchase, or microenterprise initiatives; (4) child care, including replacement of current Federal child care programs with State-administered block grant programs for child care services, as well as child care for work first program participants; and (5) refundable tax credits for dependent care and other expenses connected with gaining employment in order to enable AFDC recipients to become self-sufficient.

(Sec. 213) Amends the Internal Revenue Code to require participating residents to receive advanced earned income payments from a responsible State agency pursuant to a State Advance Payment Program in lieu of receiving earned income advance amounts from an employer. Authorizes the Secretary of the Treasury to designate up to four State Advance Payment Demonstrations.

Title III: The Work First Program - Amends SSA title IV to replace the current Job Opportunities and Basic Skills Training Program under part F with a new program for assessing the employability of AFDC recipients and providing for their participation in job search activities, as well as a new Work First Program that allows participating States to establish one of two types of work programs, with one type similar to the programs operated by Riverside County, California and the State of Oregon.

(Sec. 301) Requires a State to develop an individual responsibility plan, involving job search and other employment-related activities, for each aid applicant or recipient 18 years of age or older who has not completed high school or obtained a certificate of high school equivalency, and is not attending secondary school.

Requires States establishing a work first program to have a workfare program (including community service) or a job placement voucher program with respective requirements for obtaining private sector employment.

Requires a work supplementation component under such programs that provides for subsidized private sector or State or local government jobs.

Requires States to provide program participants with the necessary case management services to ensure integrated benefits and services provided under such programs.

Expresses the sense of the Congress that: (1) States should target individuals who have not attained 25 years of age for participation in work first programs; and (2) the Secretary and the States should consider the needs of rural areas in designing State plans under SSA title IV part G.

(Sec. 305) Authorizes the Secretary to make grants to community- based organizations that move AFDC recipients into the private work sector. Authorizes appropriations.

Title IV: Family Responsibility and Improved Child Support Enforcement - Amends part D (Child Support and Establishment of Paternity) of SSA title IV to require States to have statutorily prescribed procedures to: (1) record child support orders in a central case registry; and (2) collect child support payments through a centralized collections unit.

(Sec. 401) Revises the guidelines for: (1) State plans for child and spousal support; and (2) payments distribution.

(Sec. 403) Requires State plans to establish procedural guidelines for: (1) notification of all proceedings and orders affecting child support obligations; and (2) privacy safeguards regarding paternity and child support actions.

(Sec. 411) Revises the formula for: (1) Federal matching payments to the States; and (2) incentive adjustments to the Federal matching rate.

(Sec. 413) Requires a State plan for child and spousal support to include prescribed procedures for State reviews and audits. Revises the guidelines for Federal evaluation and audit of State programs governing paternity, child and spousal support, and parent location.

(Sec. 415) Revises the automated data processing requirements for State plans to mandate a single statewide automated data processing and information retrieval system which can perform specified tasks.

(Sec. 416) Directs the Secretary of Health and Human Services (the Secretary) to conduct staffing studies of each State child support enforcement program and to report the results to the Congress.

(Sec. 417) Makes funds available to the Secretary for: (1) training of Federal and State staff, research and demonstration programs, and special projects of regional and national significance; and (2) operation of the Federal Parent Locator Service.

(Sec. 421) Mandates that the single statewide automated data system function as a single central case registry of State-provided services and support orders. Delineates contents of case records and data matching activities, including data exchange with sister States.

(Sec. 422) Requires State plans to include a centralized, automated unit for the collection and disbursement of support payments.

(Sec. 423) Requires the States to have statutorily prescribed procedures: (1) for mandatory income withholding for support payments subject to enforcement; and (2) under which child support orders issued before October 1, 1996, shall become subject to withholding from wages if arrearages occur, without the need for a judicial or administrative hearing. Revises the procedural guidelines for income withholding for child support enforcement.

(Sec. 425) Revises the Federal Parent Locator Service to add kinds of information which may be transmitted to locate individuals and assets for purposes of establishing parentage and executing child support obligations. Requires the Secretary to establish in the Service a Data Bank of Child Support Orders and an automated Directory of New Hires.

(Sec. 426) Requires State plans to include procedures for recording social security numbers on certain family legal documents and records, including all applications for motor vehicle licenses and professional licenses.

(Sec. 431) Requires each State to have the Uniform Interstate Family Support Act in effect as of January 1, 1997.

(Sec. 432) Amends the Federal judicial code to revise the procedures for a court to apply when determining which State order to recognize for purposes of continuing, exclusive jurisdiction and enforcement for child support orders.

(Sec. 433) Amends SSA title IV part D to revise State plan guidelines for mandatory expedited administrative and judicial procedures to include: (1) authorized genetic testing to establish paternity; and (2) the securing of assets and increasing of monthly payments to satisfy a support arrearage.

(Sec. 441) Expresses the sense of the Congress that social services should be provided in hospitals to women who have become pregnant as a result of rape or incest.

(Sec. 442) Requires the States to have statutorily prescribed procedures for providing new fathers with parenting counseling that stresses the importance of paying child support in a timely manner.

(Sec. 443) Mandates that a State plan for child and spousal support have procedural guidelines for the State agency to determine whether an individual is cooperating with efforts to establish paternity and secure support.

(Sec. 444) Sets forth the applicable percentage for Federal matching payments.

(Sec. 445) Revises the guidelines for performance-based incentive adjustments to the Federal matching rate with respect to Statewide paternity establishment and the overall performance of the State in child support enforcement.

(Sec. 446) Revises the guidelines for statutorily prescribed procedures governing genetic testing and outreach for voluntary paternity acknowledgment.

(Sec. 451) Establishes the National Child Support Guidelines Commission to develop and recommend to the Congress a national child support guideline that is based on a study of various guideline models.

(Sec. 452) Revises the requirements for State plan procedures for the review and adjustment of support orders.

Amends the Internal Revenue Code to revise the priority of refund distribution with respect to past-due support owed to individuals.

(Sec. 463) Amends SSA title IV part D to revise procedural guidelines for: (1) consent by the United States to income withholding, garnishment, and similar proceedings for enforcement of child support and alimony obligations of current and retired Federal employees; and (2) enforcement of child support obligations of current and retired members of the Armed Forces.

(Sec. 465) Requires States to have statutorily prescribed procedures for: (1) placing liens for child support arrearages on motor vehicle titles of the debtor; (2) voiding fraudulent transfers by a child support debtor; (3) suspending any driver's, business, or occupational license issued to any person who owes past-due child support; (4) reporting to credit bureaus the name of the parent in arrears for child support; (5) extending the statute of limitations for collection on child support arrearages; and (6) calculating interest or penalties on such arrearage.

(Sec. 471) Prescribes procedural guidelines for passport denial (including revocation) upon certification of nonpayment of child support.

(Sec. 472) Expresses the sense of the Congress that the United States should ratify the United Nations Convention of 1956. Requires State plans to provide that the State must treat international child support cases as interstate cases.

(Sec. 473) Amends SSA title IV part D to authorize holds on lottery winnings, settlements, payouts, bequests, and proceeds from the sale of forfeited property in order to satisfy child support arrearages.

(Sec. 474) Requires States to have statutorily prescribed procedures that impose liability upon grandparents for the financial support of a grandchild whose parent is less than 18 years of age to the extent the parent is unable to provide such support.

(Sec. 475) Expresses the sense of the Congress that the States should develop programs that are designed to work with noncustodial parents who are unable to meet their child support obligations.

(Sec. 481) Amends the Employee Retirement Income Security Act of 1974 to include within the definition of medical child support order an order issued through a State administrative process.

(Sec. 482) Mandates that a State plan for aid and services to needy families with children extend Medicaid eligibility for families losing AFDC due to increased child support collections.

(Sec. 491) Sets forth effective dates for this Act.

Title V: Teen Pregnancy and Family Stability - Amends SSA title IV part A with respect to Federal and State roles in reducing teenage pregnancy and promoting family stability, among other things by: (1) giving States the option to deny AFDC for additional children (except those born as a result of rape or incest) of AFDC families while preserving their eligibility for Medicaid; and (2) requiring unmarried minors who are pregnant or who have children to live under adult supervision in order to receive AFDC.

(Sec. 503) Amends SSA title XX (Block Grants to States for Social Services) to provide for the establishment of the National Clearinghouse on Adolescent Pregnancy Prevention Programs.

(Sec. 504) Requires State plans to reduce by 25 percent the aid payable to a family with a parent under 20 who has not completed secondary school (or obtained an equivalency certificate) if that parent has failed without good cause to maintain minimum attendance at an educational institution.

(Sec. 505) Grants States the option, with respect to families in which both parents are married, to disregard any standard that limits: (1) the time during a month that a family's principal earner may be employed (100-hour rule) under the AFDC-UP (Unemployed Parent) program; or (2) the length of time (six-month limit) such a family may receive AFDC payments.

(Sec. 506) Repeals the quarters of work coverage requirement under the AFDC-UP program for families in which both parents are under age 20.

(Sec. 508) Places restrictions on Federal housing benefits to minors who bear children out-of-wedlock.

(Sec. 509) Give States the option of denying AFDC to minor parents.

(Sec. 511) Expresses the sense of the Congress that: (1) children should be educated about the risks of early parenthood; (2) reproductive family planning and education should be made available to potential parents; and (3) States should use SSA title XX (Block Grants to States for Social Services) funds to provide comprehensive services to high-risk youth and work with schools for early identification and referral of such children.

Title VI: Program Simplification - Amends SSA titles IV part A and XI, as well as the Food Stamp Act of 1977, among other things to give States increased flexibility in providing AFDC benefits (including restoring those wrongfully terminated) through, among other means, use of electronic benefit transfers, quicker action on waiver requests, and coordination with food stamp rules.

(Sec. 631) Expresses the support of the Congress for certain efforts by the Social Security Administration to reduce fraud and abuse in the Supplemental Security Income (SSI) Program under SSA title XVI.

(Sec. 632) Requires the Commissioner of Social Security to study and report to the Congress on the feasibility of issuing a single counterfeit-resistant ID card to replace the current social security card and any health security card issued under health reform legislation.

(Sec. 641) Sets forth additional AFDC changes involving: (1) State payment options under the program for dependent children of unemployed parents; (2) State determination of the needs of the dependent child and relative with whom the child is living; (3) "fill- the-gap" budgeting; (4) repeal of the requirement for supplemental payments in States paying less than their needs standards; (5) collection of AFDC overpayments from Federal tax refunds; and (6) disregard of student and nonrecurring lump-sum income.

(Sec. 646) Amends SSA title XI to raise the limitations on payments under SSA titles I (Old Age Assistance), X (Aid to the Blind), XIV (Aid to the Permanently and Totally Disabled), and XVI (Supplemental Security Income)(SSI), and IV parts A and E (Foster Care and Adoption Assistance).

Title VII: Child Protection Block Grant Program - Amends SSA title IV part B (Child-Welfare Services) to convert the current program into a child protection block grant program. Authorizes appropriations.

Title VIII: SSI Reform - Amends SSA title XVI to limit the payment of SSI benefits for children by reason of disability and make specified changes with regard to disability reviews for certain children and young adults.

(Sec. 811) Provides for the denial of SSI benefits by reason of disability to drug addicts and alcoholics.

Title IX: Financing - Amends SSA, IRC, and the Immigration and Nationality Act with regard to the treatment of aliens concerning AFDC, SSI, and food stamp benefits, among other things to: (1) provide for an extension of deeming of income and resources under the AFDC, SSI, and food stamp programs; (2) prescribe requirements for sponsor's affidavit of support; (3) extend requirements for affidavits of support to family-related and diversity immigrants; (4) revise the definition of "emergency assistance to needy families with children" and the limitation on State expenditures for such assistance; (5) include certain Federal assistance (such as AFDC and food stamps) in gross income; (6) make payments of certain assistance reportable to the Internal Revenue Service; (7) deny the earned income tax credit to individuals not authorized to be employed in the United States; (8) phaseout the earned income credit for individuals having more than $2,500 of taxable interest and dividends; and (9) ignore AFDC and food stamp benefits for purposes of determining the earned income tax credit.

Title X: Food Assistance Reform - Amends the Food Stamp Act of 1977 to authorize the Secretary of Agriculture (Secretary) to establish specific time periods for: (1) retail food stores and wholesale food concerns (stores) to apply for food stamp program (program) participation; and (2) prohibition of program participation based on lack of business integrity.

(Sec. 1003) Includes income and sales tax information among the types of eligibility verification information which may be requested.

(Sec. 1004) Establishes a six-month reapplication waiting period for a store that does not meet participation requirements.

(Sec. 1006) Authorizes suspension of a store pending administrative and judicial review. (States that the Secretary shall not be liable for lost sales during such period.)

(Sec. 1007) Provides for disqualification of a store that is disqualified from the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC).

(Sec. 1008) Provides for permanent disqualification of a store that knowingly submits a falsified application.

(Sec. 1009) Expands civil and criminal forfeiture for specified violations of the Act.

(Sec. 1010) Amends the Social Security Act as amended by the Social Security Administrative Reform Act of 1994, and the Internal Revenue Code of 1986 as amended by the Social Security Administrative Reform Act of 1994, to authorize information sharing with State WIC enforcement instrumentalities.

(Sec. 1011) Amends the Act to expand the definition of "coupon."

(Sec. 1012) Amends the Act to increase ineligibility penalties for program violations.

(Sec. 1013) Makes mandatory the collection of overissuance of coupons from Federal pay or Federal tax refunds (as authorized by this section).

(Sec. 1016) Revises work requirements to: (1) disqualify a non- exempt individual not employed a minimum of 20 hours per week nor participating in a State workfare or training program; (2) revise exempt individual categories; and (3) disqualify a household that includes an individual who refuses to comply with work requirements.

Increases and extends authorization allotments for employment training.

Coordinates work requirements with the AFDC program under part A of SSA title IV.

(Sec. 1017) Extends current claims retention rates.

(Sec. 1019) Encourages States to implement electronic benefit transfer systems.

(Sec. 1020) Freezes the standard deduction rate through October 1, 1995.

(Sec. 1021) Extends the Puerto Rico block grant.

(Sec. 1022) Revises specified income exclusion requirements.

Commodity Distribution Act of 1995 - Authorizes the Secretary to purchase and distribute food assistance commodities to the States through FY 2000.

(Sec. 1053) Requires the Secretary to establish procedures for supplemental State, local, and private commodity donations.

(Sec. 1054) Requires a State seeking commodity assistance to submit an administrative plan to the Secretary every four years.

(Sec. 1055) Establishes program allocation guidelines. Requires States to make emergency feeding organizations their first priority.

(Sec. 1057) Authorizes the Secretary to use Commodity Credit Corporation (CCC) funds to pay initial commodity processing and packaging costs.

(Sec. 1059) Authorizes appropriations.

(Sec. 1060) Obligates specified funds for a commodity supplemental food program for women, infants, and children or the elderly. Requires the CCC to donate specified amounts of cheese and nonfat dry milk to such program.

(Sec. 1061) States that commodities received under this title shall not be considered income or resources for any Federal, State, or local means-tested program.

(Sec. 1068) Repeals the Emergency Food Assistance Act of 1983. Eliminates specified provisions of: (1) the Commodity Distribution Reform Act and WIC Amendments of 1987; (2) the Charitable Assistance and Food Bank Act of 1987; (3) the Food Security Act of 1985; (4) the Agricultural and Consumer Protection Act of 1973; (5) the Food, Agriculture, Conservation, and Trade Act of 1990; and (6) the Hunger Prevention Act of 1988.

Title XI: Deficit Reduction - Requires the Director of the Office of Management and Budget to use savings resulting from this Act for specified deficit reductions.

Title XII: Effective Date - Sets forth the effective date for amendments made by this Act.