II

104TH CONGRESS

1ST SESSION S. 8

To amend title IV of the Social Security Act to reduce teenage pregnancy,

to encourage parental responsibility, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 4, 1995

Mr. DASCHLE (for himself, Mr. BREAUX, Ms. MIKULSKI, Mr. ROCKEFELLER,

Mr. REID, Mr. KERRY, Mrs. MURRAY, Mr. DORGAN, Ms. MOSELEYBRAUN, and Mr. ROBB) introduced the following bill; which was read

twice and referred to the Committee on Finance

A BILL

To amend title IV of the Social Security Act to reduce

teenage pregnancy, to encourage parental responsibility,

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; REFERENCES IN ACT; TABLE OF

4 CONTENTS.

5 (a) SHORT TITLE.—This Act may be cited as the

6 ‘‘Teen Pregnancy Prevention and Parental Responsibility

7 Act’’.

8 (b) AMENDMENTS TO THE SOCIAL SECURITY ACT.—

9 Except as otherwise specifically provided, whenever in this
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1 Act an amendment is expressed in terms of an amendment

2 to or repeal of a section or other provision, the reference

3 shall be considered to be made to that section or other

4 provision of the Social Security Act.

5 (c) TABLE OF CONTENTS.—The table of contents of

6 this Act is as follows:

Sec. 1. Short title; references in Act; table of contents.

TITLE I—ENDING THE CYCLE OF INTERGENERATIONAL

DEPENDENCY

Sec. 101. Supervised living arrangements for minors.

Sec. 102. Reinforcing families.

Sec. 103. Required completion of high school or other training for teenage parents.

Sec. 104. Drug treatment and counseling as part of the JOBS program.

TITLE II—PARENTAL RESPONSIBILITY

Sec. 201. Performance-based incentives.

Sec. 202. State law authorizing suspension of licenses.

Sec. 203. State laws concerning paternity establishment.

Sec. 204. State laws providing expedited procedures.

Sec. 205. Outreach for voluntary paternity establishment.

TITLE III—COMBATING TEENAGE PREGNANCY

Sec. 301. Targeting youth at risk of teenage pregnancy.

Sec. 302. National Clearinghouse on Teenage Pregnancy.

TITLE IV—FINANCING

Sec. 401. Uniform alien eligibility criteria for public assistance programs.

Sec. 402. State retention of amounts recovered.

7 TITLE I—ENDING THE CYCLE OF

8 INTERGENERATIONAL DE9 PENDENCY

10 SEC. 101. SUPERVISED LIVING ARRANGEMENTS FOR MI11 NORS.

12 (a) STATE PLAN REQUIREMENT.—Section

13 402(a)(43) (42 U.S.C. 602(a)(43)) is amended—
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1 (1) in the matter preceding subparagraph (A),

2 by striking ‘‘at the option of the State,’’;

3 (2) in the matter preceding clause (i) of sub4 paragraph (A), by striking ‘‘subject to subparagraph

5 (B)’’ and inserting ‘‘except as provided in subpara6 graph (B)(i)’’; and

7 (3) in subparagraph (A)(i), by striking ‘‘, or re8 side in a foster home, maternity home, or other

9 adult-supervised supportive living arrangement’’.

10 (b) APPROPRIATE ADULT-SUPERVISED SUPPORTIVE

11 LIVING ARRANGEMENTS.—Section 402(a)(43)(B) (42

12 U.S.C. 602(a)(43)(B)) is amended to read as follows:

13 ‘‘(B)(i) in the case of an individual de14 scribed in clause (ii)—

15 ‘‘(I) the State agency shall assist such

16 individual in locating an appropriate adult17 supervised supportive living arrangement

18 taking into consideration the needs and

19 concerns of the individual, unless the State

20 agency determines that the individual’s

21 current living arrangement is appropriate,

22 and thereafter shall require that the indi23 vidual (and child, if any) reside in such liv24 ing arrangement as a condition of the con25 tinued receipt of aid under the plan (or in
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1 an alternative appropriate arrangement,

2 should circumstances change and the cur3 rent arrangement cease to be appropriate),

4 or

5 ‘‘(II) if the State agency is unable,

6 after making diligent efforts, to locate any

7 such appropriate living arrangement, it

8 shall provide for comprehensive case man9 agement, monitoring, and other social serv10 ices consistent with the best interests of

11 the individual (and child) while living inde12 pendently; and

13 ‘‘(ii) for purposes of clause (i), an individ14 ual is described in this clause if—

15 ‘‘(I) such individual has no parent or

16 legal guardian of his or her own who is liv17 ing and whose whereabouts are known;

18 ‘‘(II) no living parent or legal guard19 ian of such individual allows the individual

20 to live in the home of such parent or

21 guardian;

22 ‘‘(III) the State agency determines

23 that the physical or emotional health of

24 such individual or any dependent child of

25 the individual would be jeopardized if such
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1 individual and such dependent child lived

2 in the same residence with such individ3 ual’s own parent or legal guardian; or

4 ‘‘(IV) the State agency otherwise de5 termines (in accordance with regulations

6 issued by the Secretary) that it is in the

7 best interest of the dependent child to

8 waive the requirement of subparagraph (A)

9 with respect to such individual.’’.

10 (c) EFFECTIVE DATES.—

11 (1) IN GENERAL.—Except as provided in para12 graph (2), the amendments made by subsections (a)

13 and (b) shall be effective with respect to calendar

14 quarters beginning on or after October 1, 1995.

15 (2) SPECIAL RULE.—In the case of a State that

16 the Secretary of Health and Human Services deter17 mines requires State legislation (other than legisla18 tion appropriating funds) in order to meet the addi19 tional requirements imposed by the amendments

20 made by this Act, the State shall not be regarded as

21 failing to comply with the requirements of such

22 amendments before the first day of the first calendar

23 quarter beginning after the close of the first regular

24 session of the State legislature that begins after the

25 date of enactment of this Act. For purposes of this
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1 paragraph, in the case of a State that has a 2-year

2 legislative session, each year of the session shall be

3 treated as a separate regular session of the State

4 legislature.

5 SEC. 102. REINFORCING FAMILIES.

6 (a) IN GENERAL.—Title XX (42 U.S.C. 1397–

7 1397e) is amended by adding at the end the following new

8 section:

9 ‘‘SEC. 2008. ADULT-SUPERVISED GROUP HOMES.

10 ‘‘(a) ENTITLEMENT.—

11 ‘‘(1) IN GENERAL.—In addition to any payment

12 under sections 2002 and 2007, beginning with fiscal

13 year 1996, each State shall be entitled to funds

14 under this section for each fiscal year for the estab15 lishment, operation, and support of adult-supervised

16 group homes for custodial parents under the age of

17 19 and their children.

18 ‘‘(2) PAYMENT TO STATES.—

19 ‘‘(A) IN GENERAL.—Each State shall be

20 entitled to payment under this section for each

21 fiscal year in an amount equal to its allotment

22 (determined in accordance with subsection (b))

23 for such fiscal year, to be used by such State

24 for the purposes set forth in paragraph (1).
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1 ‘‘(B) TRANSFERS OF FUNDS.—The Sec2 retary shall make payments in accordance with

3 section 6503 of title 31, United States Code, to

4 each State from its allotment for use under this

5 title.

6 ‘‘(C) USE.—Payments to a State from its

7 allotment for any fiscal year must be expended

8 by the State in such fiscal year or in the suc9 ceeding fiscal year.

10 ‘‘(D) TECHNICAL ASSISTANCE.—A State

11 may use a portion of the amounts described in

12 subparagraph (A) for the purpose of purchasing

13 technical assistance from public or private enti14 ties if the State determines that such assistance

15 is required in developing, implementing, or ad16 ministering the program funded under this sec17 tion.

18 ‘‘(3) ADULT-SUPERVISED GROUP HOME.—For

19 purposes of this section, the term ‘adult-supervised

20 group home’ means an entity that provides custodial

21 parents under the age of 19 and their children with

22 a supportive and supervised living arrangement in

23 which such parents would be required to learn

24 parenting skills, including child development, family

25 budgeting, health and nutrition, and other skills to
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1 promote their long-term economic independence and

2 the well-being of their children. An adult-supervised

3 group home may also serve as a network center for

4 other supportive services that might be available in

5 the community.

6 ‘‘(b) ALLOTMENT.—

7 ‘‘(1) CERTAIN JURISDICTIONS.—The allotment

8 for any fiscal year to each of the jurisdictions of

9 Puerto Rico, Guam, the Virgin Islands, American

10 Samoa, and the Northern Mariana Islands shall be

11 an amount which bears the same ratio to the

12 amount specified under paragraph (3) as the allot13 ment that the jurisdiction receives under section

14 2003(a) for the fiscal year bears to the total amount

15 specified for such fiscal year under section 2003(c).

16 ‘‘(2) OTHER STATES.—The allotment for any

17 fiscal year for each State other than the jurisdictions

18 of Puerto Rico, Guam, the Virgin Islands, American

19 Samoa, and the Northern Mariana Islands shall be

20 an amount which bears the same ratio to—

21 ‘‘(A) the amount specified under para22 graph (3), reduced by

23 ‘‘(B) the total amount allotted to those ju24 risdictions for that fiscal year under paragraph

25 (1),
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1 as the allotment that the State receives under sec2 tion 2003(b) for the fiscal year bears to the total

3 amount specified for such fiscal year under section

4 2003(c).

5 ‘‘(3) AMOUNT SPECIFIED.—The amount speci6 fied for purposes of paragraphs (1) and (2) shall be

7 $95,000,000 for fiscal year 1996 and each subse8 quent fiscal year.

9 ‘‘(c) LOCAL INVOLVEMENT.—Each State shall seek

10 local involvement from the community in any area in

11 which an adult-supervised group home receiving funds

12 pursuant to this section is to be established. In determin13 ing criteria for targeting funds received under this section,

14 each State shall evaluate the community’s commitment to

15 the establishment and planning of the home.

16 ‘‘(d) LIMITATIONS ON THE USE OF FUNDS.—

17 ‘‘(1) CONSTRUCTION.—Except as provided in

18 paragraph (2), funds made available under this sec19 tion may not be used by the State, or any other per20 son with which the State makes arrangements to

21 carry out the purposes of this section, for the pur22 chase or improvement of land, or the purchase, con23 struction, or permanent improvement (other than

24 minor remodeling) of any building or other facility.
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1 ‘‘(2) WAIVER.—The Secretary may waive the

2 limitation contained in paragraph (1) upon the

3 State’s request for such a waiver if the Secretary

4 finds that the request describes extraordinary cir5 cumstances to justify the waiver and that permitting

6 the waiver will contribute to the State’s ability to

7 carry out the purposes of this section.

8 ‘‘(e) TREATMENT OF INDIAN TRIBES.—

9 ‘‘(1) IN GENERAL.—An Indian tribe may apply

10 to the Secretary to establish, operate, and support

11 adult-supervised group homes for custodial parents

12 under the age of 19 and their children in accordance

13 with an application procedure to be determined by

14 the Secretary. Except as otherwise provided in this

15 subsection, the provisions of this section shall apply

16 to Indian tribes receiving funds under this sub17 section in the same manner and to the same extent

18 as the other provisions of this section apply to

19 States.

20 ‘‘(2) ALLOTMENT.—If the Secretary approves

21 an Indian tribe’s application, the Secretary shall

22 allot to such tribe for a fiscal year an amount which

23 the Secretary determines is the Indian tribe’s fair

24 and equitable share of the amount specified under

25 paragraph (3) for all Indian tribes with applications
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1 approved under this subsection (based on allotment

2 factors to be determined by the Secretary). The Sec3 retary shall determine a minimum allotment amount

4 for all Indian tribes with applications approved

5 under this subsection. Each Indian tribe with an ap6 plication approved under this subsection shall be en7 titled to such minimum allotment.

8 ‘‘(3) AMOUNT SPECIFIED.—The amount speci9 fied under this paragraph for all Indian tribes with

10 applications approved under this subsection is

11 $5,000,000 for fiscal year 1996 and each subsequent

12 fiscal year.

13 ‘‘(4) INDIAN TRIBE DEFINED.—For purposes of

14 this section, the term ‘Indian tribe’ means any In15 dian tribe, band, nation, pueblo, or other organized

16 group or community, including any Alaska Native

17 entity which is recognized as eligible for the special

18 programs and services provided by the United States

19 to Indian tribes because of their status as Indians.’’.

20 (b) RECEIPT OF PAYMENTS BY ADULT-SUPERVISED

21 GROUP HOMES.—

22 (1) IN GENERAL.—Section 402(a)(43)(A)(ii)

23 (42 U.S.C. 602(a)(43)(A)(ii)) is amended by strik24 ing ‘‘or other adult relative’’ and inserting ‘‘other
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1 adult relative, or adult-supervised group home re2 ceiving funds under section 2008’’.

3 (2) EFFECTIVE DATE.—The amendment made

4 by paragraph (1) shall apply with respect to cal5 endar quarters beginning on or after October 1,

6 1995.

7 (c) RECOMMENDATIONS ON USAGE OF GOVERNMENT

8 SURPLUS PROPERTY.—Not later than 6 months after the

9 date of the enactment of this Act, after consultation with

10 the Secretary of Defense, the Secretary of Housing and

11 Urban Development, and the Administrator of the General

12 Services Administration, the Secretary of Health and

13 Human Services shall submit recommendations to the

14 Congress on the extent to which surplus properties of the

15 United States Government may be used for the establish16 ment of adult-supervised group homes receiving funds

17 under section 2008 of the Social Security Act.

18 SEC. 103. REQUIRED COMPLETION OF HIGH SCHOOL OR

19 OTHER TRAINING FOR TEENAGE PARENTS.

20 (a) IN GENERAL.—Section 402(a)(19)(E) (42 U.S.C.

21 602(a)(19)(E)) is amended to read as follows:

22 ‘‘(E)(i) in the case of a custodial parent who

23 has not attained 19 years of age, has not success24 fully completed a high-school education (or its equiv25 alent), and is required to participate in the program
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1 (including an individual who would otherwise be ex2 empt from participation in the program solely by

3 reason of clauses (iii), (v), or (vii) of subparagraph

4 (C)), the State agency shall—

5 ‘‘(I) require such parent to participate

6 in—

7 ‘‘(aa) educational activities directed

8 toward the attainment of a high school di9 ploma or its equivalent on a full-time (as

10 defined by the educational provider) basis;

11 or

12 ‘‘(bb) an alternative educational or

13 training program (that has been approved

14 by the Secretary) on a full-time (as defined

15 by the provider) basis; and

16 ‘‘(II) provide child care in accordance with

17 section 402(g) with respect to the family;

18 ‘‘(ii)(I) to the extent that the program is avail19 able in the political subdivision involved and State

20 resources otherwise permit, in the case of a custodial

21 parent who is 19 years of age, has not successfully

22 completed a high-school education (or its equiva23 lent), and is required to participate in the program

24 (including an individual who would otherwise be ex25 empt from participation in the program solely by
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1 reason of subparagraph (C)(iii)), the State agency

2 (subject to subclause (II)) shall require such parent

3 to participate in an educational activity; and

4 ‘‘(II) the State agency may—

5 ‘‘(aa) require a parent described in

6 subclause (I) (notwithstanding the part-time re7 quirement in subparagraph (C)(iii)(II)) to par8 ticipate in educational activities directed toward

9 the attainment of a high school diploma or its

10 equivalent on a full-time (as defined by the edu11 cational provider) basis; or

12 ‘‘(bb) require a parent described in

13 subclause (I) to participate in training or work

14 activities in lieu of the educational activities

15 under such subclause if such parent fails to

16 make good progress in successfully completing

17 such educational activities or if it is determined

18 (prior to any assignment of the individual to

19 such educational activities) pursuant to an edu20 cational assessment that participation in such

21 educational activities is inappropriate for such

22 parent;’’.

23 (b) STATE OPTION TO PROVIDE ADDITIONAL INCEN24 TIVES AND PENALTIES TO ENCOURAGE TEEN PARENTS
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1 TO COMPLETE HIGH SCHOOL AND PARTICIPATE IN

2 PARENTING ACTIVITIES.—

3 (1) STATE PLAN.—Section 402(a)(19)(E) (42

4 U.S.C. 602(a)(19)(E)), as amended by subsection

5 (a), is further amended—

6 (A) by striking ‘‘and’’ at the end of clause

7 (i);

8 (B) by inserting ‘‘and’’ after the semicolon

9 at the end of clause (ii); and

10 (C) by adding after clause (ii) the following

11 new clause:

12 ‘‘(iii) at the option of the State, some or all cus13 todial parents and pregnant women who have not at14 tained 19 years of age (or at the State’s option, 21

15 years of age) and who are receiving aid under this

16 part shall be required to participate in a program of

17 monetary incentives and penalties, consistent with

18 subsection (j);’’.

19 (2) ELEMENTS OF PROGRAM.—Section 402 (42

20 U.S.C. 602) is amended by adding at the end the

21 following new subsection:

22 ‘‘(j)(1) If a State opts to conduct a program of mone23 tary incentives and penalties to encourage custodial par24 ents and pregnant women who have not attained 19 years

25 of age (or at the State’s option, 21 years of age) to com-
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1 plete their high school (or equivalent) education and par2 ticipate in parenting activities, the State shall amend its

3 State plan—

4 ‘‘(A) to specify the one or more political sub5 divisions (or other clearly defined geographic area or

6 areas) in which the State will conduct the program,

7 and

8 ‘‘(B) to describe its program in detail.

9 ‘‘(2) A program under this subsection—

10 ‘‘(A) may, at the option of the State, require

11 full-time participation by such custodial parents and

12 pregnant women in secondary school or equivalent

13 educational activities, or participation in a course or

14 program leading to a skills certificate found appro15 priate by the State agency or parenting education

16 activities (or any combination of such activities and

17 secondary education);

18 ‘‘(B) shall require that the needs of such custo19 dial parents and pregnant women shall be reviewed

20 and the program will assure that, either in the ini21 tial development or revision of such individual’s em22 ployability plan, there will be included a description

23 of the services that will be provided to the individual

24 and the way in which the program and service pro25 viders will coordinate with the educational or skills
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1 training activities in which the individual is partici2 pating;

3 ‘‘(C) shall provide monetary incentives for more

4 than minimally acceptable performance of required

5 educational activities; and

6 ‘‘(D) shall provide penalties (which may be

7 those required by subsection (a)(19)(G) or, with the

8 approval of the Secretary, other monetary penalties

9 that the State finds will better achieve the objectives

10 of the program) for less than minimally acceptable

11 performance of required activities.

12 ‘‘(3) When a monetary incentive is payable because

13 of the more than minimally acceptable performance of re14 quired educational activities by a custodial parent, the in15 centive shall be paid directly to such parent, regardless

16 of whether the State agency makes payment of aid under

17 the State plan directly to such parent.

18 ‘‘(4)(A) For purposes of this part, monetary incen19 tives paid under this subsection shall be considered aid

20 to families with dependent children.

21 ‘‘(B) For purposes of any other Federal or federally22 assisted program based on need, no monetary incentive

23 paid under this subsection shall be considered income in

24 determining a family’s eligibility for or amount of benefits

25 under such program, and if aid is reduced by reason of
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1 a penalty under this subsection, such other program shall

2 treat the family involved as if no such penalty has been

3 applied.

4 ‘‘(5) The State agency shall from time to time provide

5 such information with respect to the State operation of

6 the program as the Secretary may request.’’.

7 (c) EFFECTIVE DATES.—

8 (1) IN GENERAL.—Except as provided in para9 graph (2), the amendments made by subsections (a)

10 and (b) shall be effective with respect to calendar

11 quarters beginning on or after October 1, 1995.

12 (2) SPECIAL RULE.—In the case of a State that

13 the Secretary of Health and Human Services deter14 mines requires State legislation (other than legisla15 tion appropriating funds) in order to meet the addi16 tional requirements imposed by the amendments

17 made by this Act, the State shall not be regarded as

18 failing to comply with the requirements of such

19 amendments before the first day of the first calendar

20 quarter beginning after the close of the first regular

21 session of the State legislature that begins after the

22 date of enactment of this Act. For purposes of this

23 paragraph, in the case of a State that has a 2-year

24 legislative session, each year of the session shall be
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1 treated as a separate regular session of the State

2 legislature.

3 SEC. 104. DRUG TREATMENT AND COUNSELING AS PART OF

4 THE JOBS PROGRAM.

5 (a) IN GENERAL.—Section 402(a)(19) (42 U.S.C.

6 602(a)(19)) is amended—

7 (1) by striking ‘‘and’’ at the end of subpara8 graph (G);

9 (2) by inserting ‘‘and’’ after the semicolon at

10 the end of subparagraph (H);

11 (3) by adding after subparagraph (H), the fol12 lowing new subparagraph:

13 ‘‘(I) that, in the case of a custodial parent who

14 has not attained 19 years of age (including an indi15 vidual who would otherwise be exempt from partici16 pation in the program solely by reason of clauses

17 (iii), (v), or (vii)) of subparagraph (C)), whose em18 ployability plan (described in section 482(b)) reflects

19 the need for treatment for substance abuse, the

20 State agency shall—

21 ‘‘(i) require such individual to participate

22 in substance abuse treatment; and

23 ‘‘(ii) notwithstanding any other provision

24 of law, after providing an individual required to

25 participate in treatment under this subpara-
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1 graph with proper notice, make the provisions

2 of section 402(a)(19)(G) applicable to any indi3 vidual who fails or refuses to accept such treat4 ment;’’.

5 (b) EFFECTIVE DATES.—

6 (1) IN GENERAL.—Except as provided in para7 graph (2), the amendments made by subsection (a)

8 shall be effective with respect to calendar quarters

9 beginning on or after October 1, 1995.

10 (2) SPECIAL RULE.—In the case of a State that

11 the Secretary of Health and Human Services deter12 mines requires State legislation (other than legisla13 tion appropriating funds) in order to meet the addi14 tional requirements imposed by the amendments

15 made by this Act, the State shall not be regarded as

16 failing to comply with the requirements of such

17 amendments before the first day of the first calendar

18 quarter beginning after the close of the first regular

19 session of the State legislature that begins after the

20 date of enactment of this Act. For purposes of this

21 paragraph, in the case of a State that has a 2-year

22 legislative session, each year of the session shall be

23 treated as a separate regular session of the State

24 legislature.
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1 TITLE II—PARENTAL

2 RESPONSIBILITY

3 SEC. 201. PERFORMANCE-BASED INCENTIVES.

4 (a) INCENTIVE ADJUSTMENTS TO FEDERAL MATCH5 ING RATE.—

6 (1) IN GENERAL.—Title IV (42 U.S.C. 601 et

7 seq.) is amended by inserting after section 458 the

8 following new section:

9 ‘‘INCENTIVE ADJUSTMENTS TO MATCHING RATE FOR

10 STATEWIDE PATERNITY ESTABLISHMENT

11 ‘‘SEC. 458A. (a) INCENTIVE ADJUSTMENT.—

12 ‘‘(1) IN GENERAL.—In order to encourage and

13 reward State paternity establishment efforts, the

14 Federal matching rate for payments to a State

15 under section 455(a)(1)(A), for each fiscal year be16 ginning on or after October 1, 1997, shall be in17 creased by a factor reflecting the incentive adjust18 ment (if any) determined in accordance with para19 graph (2) with respect to the Statewide paternity es20 tablishment percentage.

21 ‘‘(2) STANDARDS.—The Secretary shall estab22 lish in regulations—

23 ‘‘(A) the levels of accomplishment, and

24 rates of improvement as alternatives to such

25 levels, with respect to the Statewide paternity
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1 establishment percentages which States must

2 attain to qualify for an incentive adjustment

3 under this section; and

4 ‘‘(B) the amounts of incentive adjustment

5 that shall be awarded to States achieving speci6 fied accomplishment or improvement levels with

7 respect to Statewide paternity establishment

8 percentages, which amounts shall be graduated,

9 ranging up to 5 percentage points, in connec10 tion with the State’s Statewide paternity estab11 lishment percentage.

12 ‘‘(3) DETERMINATION OF INCENTIVE ADJUST13 MENT.—The Secretary shall, pursuant to regula14 tions, determine the amount (if any) of incentive ad15 justment due each State on the basis of the levels

16 of accomplishment (and rates of improvement) with

17 respect to performance indicators specified by the

18 Secretary pursuant to this section.

19 ‘‘(4) FISCAL YEAR SUBJECT TO INCENTIVE AD20 JUSTMENT.—The total percentage point increase de21 termined pursuant to this section with respect to a

22 State program in a fiscal year shall apply as an ad23 justment to the applicable percent under section

24 455(a)(2) for payments to such State for the suc25 ceeding fiscal year.
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1 ‘‘(b) STATEWIDE PATERNITY ESTABLISHMENT PER2 CENTAGE.—For purposes of this section, the term ‘State3 wide paternity establishment percentage’ means, with re4 spect to a fiscal year, the ratio (expressed as a percentage)

5 of—

6 ‘‘(1) the total number of out-of-wedlock children

7 in the State under one year of age for whom pater8 nity is established or acknowledged during the fiscal

9 year, to

10 ‘‘(2) the total number of children born out-of11 wedlock in the State during such fiscal year.’’.

12 (2) TITLE IV–D PAYMENT ADJUSTMENT.—Sec13 tion 455(a)(2) (42 U.S.C. 655(a)(2)) is amended—

14 (A) by striking the period at the end of

15 subparagraph (C) and inserting a comma; and

16 (B) by adding after subparagraph (C) the

17 following:

18 ‘‘increased by the incentive adjustment factor (if any) de19 termined by the Secretary pursuant to section 458A.’’.

20 (3) CONFORMING AMENDMENTS.—Section

21 454(22) (42 U.S.C. 654(22)) is amended—

22 (A) by inserting ‘‘or incentive adjustments

23 under section 458A’’ after ‘‘section 458’’; and

24 (B) by inserting ‘‘or any increases in Fed25 eral payments to the State resulting from such
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1 incentive adjustments’’ after ‘‘any such incen2 tive payments’’.

3 (b) FEDERAL FINANCIAL PARTICIPATION FOR ALL

4 PATERNITY ESTABLISHMENT SERVICES.—

5 (1) IN GENERAL.—Section 455(a)(1) (42

6 U.S.C. 655(a)(1)) is amended by adding at the end

7 the following: ‘‘In determining the total amounts ex8 pended by any State during a quarter, for purposes

9 of this subsection, there shall be included any

10 amounts expended for paternity determination serv11 ices made available to any individual who did not file

12 an application in accordance with section 454(6).’’.

13 (2) EFFECTIVE DATE.—The amendment made

14 by paragraph (1) shall be effective with respect to

15 calendar quarters beginning on or after October 1,

16 1995.

17 SEC. 202. STATE LAW AUTHORIZING SUSPENSION OF LI18 CENSES.

19 (a) IN GENERAL.—Section 466(a) (42 U.S.C.

20 666(a)) is amended by adding at the end the following

21 new paragraph:

22 ‘‘(12) AUTHORITY TO WITHHOLD OR SUSPEND

23 LICENSES.—Procedures under which the State has

24 (and uses in appropriate cases) authority (subject to

25 appropriate due process safeguards) to withhold or
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1 suspend, or to restrict the use of driver’s licenses,

2 professional and occupational licenses, and rec3 reational licenses of individuals owing overdue child

4 support or failing, after receiving appropriate notice,

5 to comply with subpoenas or warrants relating to

6 paternity or child support proceedings.’’.

7 (b) EFFECTIVE DATE.—

8 (1) IN GENERAL.—Except as provided in para9 graph (2), the amendment made by subsection (a)

10 shall be effective with respect to calendar quarters

11 beginning on or after October 1, 1995.

12 (2) SPECIAL RULE.—In the case of a State that

13 the Secretary of Health and Human Services deter14 mines requires State legislation (other than legisla15 tion appropriating funds) in order to meet the addi16 tional requirements imposed by the amendments

17 made by this Act, the State shall not be regarded as

18 failing to comply with the requirements of such

19 amendments before the first day of the first calendar

20 quarter beginning after the close of the first regular

21 session of the State legislature that begins after the

22 date of enactment of this Act. For purposes of this

23 paragraph, in the case of a State that has a 2-year

24 legislative session, each year of the session shall be
26

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1 treated as a separate regular session of the State

2 legislature.

3 SEC. 203. STATE LAWS CONCERNING PATERNITY ESTAB4 LISHMENT.

5 (a) STATE LAWS REQUIRED.—Section 466(a)(5) (42

6 U.S.C. 666(a)(5)) is amended—

7 (1) by striking ‘‘(5)’’ and inserting ‘‘(5) PRO8 CEDURES CONCERNING PATERNITY ESTABLISH9 MENT.—’’;

10 (2) in subparagraph (A)—

11 (A) by striking ‘‘(A)’’ and inserting ‘‘(A)

12 ESTABLISHMENT PROCESS AVAILABLE FROM

13 BEFORE BIRTH UNTIL AGE 18.—’’;

14 (B) by moving clause (ii) 2 ems to the

15 right; and

16 (C) by adding after clause (ii) the following

17 new clause:

18 ‘‘(iii) Procedures which permit the ini19 tiation of proceedings to establish paternity

20 before the birth of the child concerned.’’;

21 (3) in subparagraph (B)—

22 (A) by striking ‘‘(B)’’ and inserting ‘‘(B)

23 PROCEDURES CONCERNING GENETIC TEST24 ING.—(i)’’;
27

•S 8 IS

1 (B) in clause (i), as redesignated, by in2 serting ‘‘, where such request is supported by a

3 sworn statement by such party setting forth

4 facts establishing a reasonable possibility of the

5 requisite sexual contact’’ before the period at

6 the end; and

7 (C) by inserting after clause (i), as so re8 designated, the following new clause:

9 ‘‘(ii) Procedures which require the

10 State agency, in any case in which such

11 agency orders genetic testing—

12 ‘‘(I) to pay costs of such tests,

13 subject to recoupment (where the

14 State so elects) from the putative fa15 ther if paternity is established; and

16 ‘‘(II) to obtain additional testing

17 in any case where an original test re18 sult is disputed, upon request and ad19 vance payment by the disputing

20 party.’’;

21 (4) by striking subparagraph (C) and inserting:

22 ‘‘(C) VOLUNTARY ACKNOWLEDGMENT PRO23 CEDURE.—Procedures for a simple civil process

24 for voluntarily acknowledging paternity under

25 which—
28

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1 ‘‘(i) the benefits, rights, and respon2 sibilities of acknowledging paternity are ex3 plained to unwed parents;

4 ‘‘(ii) due process safeguards are af5 forded; and

6 ‘‘(iii) hospitals and other health care

7 facilities providing inpatient or outpatient

8 maternity and pediatric services are re9 quired, as a condition of participation in

10 the State program under title XIX—

11 ‘‘(I) to explain to unwed parents

12 the matters specified in clause (i);

13 ‘‘(II) to make available the vol14 untary acknowledgment procedure re15 quired under this subparagraph; and

16 ‘‘(III) in the case of hospitals

17 providing maternity services—

18 ‘‘(aa) to have facilities for

19 obtaining blood or other genetic

20 samples from the mother, puta21 tive father, and child for genetic

22 testing;

23 ‘‘(bb) to inform the mother

24 and putative father of the avail-
29

•S 8 IS

1 ability of such testing (at their

2 expense); and

3 ‘‘(cc) to obtain such samples

4 upon request of both such indi5 viduals;’’;

6 (5) by striking subparagraphs (D) and (E) and

7 inserting:

8 ‘‘(D) LEGAL STATUS OF ACKNOWLEDG9 MENT.—Procedures under which—

10 ‘‘(i) a voluntary acknowledgment of

11 paternity creates, at State option, either—

12 ‘‘(I) a conclusive presumption of

13 paternity, or

14 ‘‘(II) a rebuttable presumption

15 which becomes a conclusive presump16 tion within one year, unless rebutted

17 or invalidated by an intervening deter18 mination which reaches a contrary

19 conclusion;

20 ‘‘(ii) at the option of the State, not21 withstanding clause (i), upon the request

22 of a party, a determination of paternity

23 based on an acknowledgment may be va24 cated on the basis of new evidence, the ex-
30

•S 8 IS

1 istence of fraud, or the best interests of

2 the child; and

3 ‘‘(iii) a voluntary acknowledgment of

4 paternity is admissible as evidence of pa5 ternity, and as a basis for seeking a sup6 port order, without requiring any further

7 proceedings to establish paternity.

8 ‘‘(E) BAR ON ACKNOWLEDGMENT RATIFI9 CATION PROCEEDINGS.—Procedures under

10 which no judicial or administrative proceedings

11 are required or permitted to ratify an unchal12 lenged acknowledgment of paternity.’’;

13 (6) by striking subparagraph (F) and inserting:

14 ‘‘(F) ADMISSIBILITY OF GENETIC TESTING

15 RESULTS.—Procedures—

16 ‘‘(i) requiring that the State admit

17 into evidence, for purposes of establishing

18 paternity, results of any genetic test that

19 is—

20 ‘‘(I) of a type generally acknowl21 edged, by accreditation bodies des22 ignated by the Secretary, as reliable

23 evidence of paternity; and
31

•S 8 IS

1 ‘‘(II) performed by a laboratory

2 approved by such an accreditation

3 body;

4 ‘‘(ii) providing that any objection to

5 genetic testing results must be made in

6 writing not later than a specified number

7 of days before any hearing at which such

8 results may be introduced into evidence

9 (or, at the option of the State, not later

10 than a specified number of days after re11 ceipt of such results); and

12 ‘‘(iii) providing that, if no objection is

13 made, the test results are admissible as

14 evidence of paternity without the need for

15 foundation testimony or other proof of au16 thenticity or accuracy.’’; and

17 (7) by adding after subparagraph (H) the fol18 lowing new subparagraphs:

19 ‘‘(I) TEMPORARY SUPPORT ORDER BASED

20 ON PROBABLE PATERNITY IN CONTESTED

21 CASES.—Procedures which require that a tem22 porary order be issued, upon motion by a party,

23 requiring the provision of child support pending

24 an administrative or judicial determination of

25 parentage, where there is clear and convincing
32

•S 8 IS

1 evidence of paternity (on the basis of genetic

2 tests or other evidence).

3 ‘‘(J) PROOF OF CERTAIN SUPPORT AND

4 PATERNITY ESTABLISHMENT COSTS.—Proce5 dures under which bills for pregnancy, child6 birth, and genetic testing are admissible as evi7 dence without requiring third-party foundation

8 testimony, and constitute prima facie evidence

9 of amounts incurred for such services and test10 ing on behalf of the child.

11 ‘‘(K) WAIVER OF STATE DEBTS FOR CO12 OPERATION.—Procedures under which the tri13 bunal establishing paternity and support has

14 discretion to waive rights to all or part of

15 amounts owed to the State (but not to the

16 mother) for costs related to pregnancy, child17 birth, and genetic testing and for public assist18 ance paid to the family where the father cooper19 ates or acknowledges paternity before or after

20 genetic testing.

21 ‘‘(L) STANDING OF PUTATIVE FATHERS.—

22 Procedures ensuring that the putative father

23 has a reasonable opportunity to initiate a pater24 nity action.’’.
33

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1 (b) TECHNICAL AMENDMENT.—Section 468 (42

2 U.S.C. 668) is amended by striking ‘‘a simple civil process

3 for voluntarily acknowledging paternity and’’.

4 (c) EFFECTIVE DATES.—

5 (1) IN GENERAL.—Except as provided in para6 graph (2), the amendments made by subsections (a)

7 and (b) shall be effective with respect to calendar

8 quarters beginning on or after October 1, 1996.

9 (2) SPECIAL RULE.—In the case of a State that

10 the Secretary of Health and Human Services deter11 mines requires State legislation (other than legisla12 tion appropriating funds) in order to meet the addi13 tional requirements imposed by the amendments

14 made by this Act, the State shall not be regarded as

15 failing to comply with the requirements of such

16 amendments before the first day of the first calendar

17 quarter beginning after the close of the first regular

18 session of the State legislature that begins after the

19 date of enactment of this Act. For purposes of this

20 paragraph, in the case of a State that has a 2-year

21 legislative session, each year of the session shall be

22 treated as a separate regular session of the State

23 legislature.
34

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1 SEC. 204. STATE LAWS PROVIDING EXPEDITED PROCE2 DURES.

3 (a) STATE LAW REQUIREMENTS.—Section 466 (42

4 U.S.C. 666) is amended—

5 (1) in subsection (a)(2), by striking the first

6 sentence and inserting: ‘‘Expedited administrative

7 and judicial procedures (including the procedures

8 specified in subsection (f)) for establishing paternity

9 and for establishing, modifying, and enforcing sup10 port obligations.’’; and

11 (2) by adding after subsection (e) the following

12 new subsection:

13 ‘‘(f) EXPEDITED PROCEDURES.—

14 ‘‘(1) ADMINISTRATIVE ACTION BY STATE AGEN15 CY.—Procedures which give the State agency the au16 thority (and recognize and enforce the authority of

17 State agencies of other States), without the necessity

18 of obtaining an order from any other judicial or ad19 ministrative tribunal (but subject to due process

20 safeguards, including (as appropriate) requirements

21 for notice, opportunity to contest the action, and op22 portunity for an appeal on the record to an inde23 pendent administrative or judicial tribunal), to take

24 the following actions relating to establishment or en25 forcement of orders:
35

•S 8 IS

1 ‘‘(A) ESTABLISH AND MODIFY SUPPORT

2 AMOUNT.—To establish and modify the amount

3 of support awards in all cases in which services

4 are being provided under this part.

5 ‘‘(B) GENETIC TESTING.—To order genetic

6 testing for the purpose of paternity establish7 ment as provided in section 466(a)(5).

8 ‘‘(C) DEFAULT ORDERS.—To enter a de9 fault order, upon a showing of service of proc10 ess and any additional showing required by

11 State law—

12 ‘‘(i) establishing paternity, in the case

13 of any putative father who refuses to sub14 mit to genetic testing; and

15 ‘‘(ii) establishing or modifying a sup16 port obligation, in the case of a parent (or

17 other obligor or obligee) who fails to re18 spond to notice to appear at a proceeding

19 for such purpose.

20 ‘‘(D) SUBPOENAS.—To subpoena any fi21 nancial or other information needed to estab22 lish, modify, or enforce an order, and to sanc23 tion failure to respond to any such subpoena.

24 ‘‘(E) ACCESS TO PERSONAL AND FINAN25 CIAL INFORMATION.—To obtain access, subject
36

•S 8 IS

1 to safeguards on privacy and information secu2 rity, to the following records (including auto3 mated access, in the case of records maintained

4 in automated data bases):

5 ‘‘(i) Records of other State and local

6 government agencies, including—

7 ‘‘(I) vital statistics (including

8 records of marriage, birth, and di9 vorce);

10 ‘‘(II) State and local tax and rev11 enue records (including information

12 on residence address, employer, in13 come and assets);

14 ‘‘(III) records concerning real

15 and titled personal property;

16 ‘‘(IV) records of occupational and

17 professional licenses, and records con18 cerning the ownership and control of

19 corporations, partnerships, and other

20 business entities;

21 ‘‘(V) employment security

22 records;

23 ‘‘(VI) records of agencies admin24 istering public assistance programs;
37

•S 8 IS

1 ‘‘(VII) records of the motor vehi2 cle department; and

3 ‘‘(VIII) corrections records.

4 ‘‘(ii) Certain records held by private

5 entities, including—

6 ‘‘(I) customer records of public

7 utilities and cable television compa8 nies; and

9 ‘‘(II) information (including in10 formation on assets and liabilities) on

11 individuals who owe or are owed sup12 port (or against or with respect to

13 whom a support obligation is sought)

14 held by financial institutions (subject

15 to limitations on liability of such enti16 ties arising from affording such ac17 cess).

18 ‘‘(F) INCOME WITHHOLDING.—To order

19 income withholding in accordance with section

20 466 (a)(1) and (b).

21 ‘‘(G) CHANGE IN PAYEE.—In cases where

22 support is subject to an assignment under sec23 tion 402(a)(26), 471(a)(17), or 1912.
38

•S 8 IS

1 ‘‘(H) SECURE ASSETS TO SATISFY AR2 REARAGES.—For the purpose of securing over3 due support—

4 ‘‘(i) to intercept and seize any peri5 odic or lump-sum payment to the obligor

6 by or through a State or local government

7 agency, including—

8 ‘‘(I) unemployment compensa9 tion, workers’ compensation, and

10 other benefits;

11 ‘‘(II) judgments and settlements

12 in cases under the jurisdiction of the

13 State or local government; and

14 ‘‘(III) lottery winnings;

15 ‘‘(ii) to attach and seize assets of the

16 obligor held by financial institutions;

17 ‘‘(iii) to attach public and private re18 tirement funds in appropriate cases, as de19 termined by the Secretary; and

20 ‘‘(iv) to impose liens in accordance

21 with subsection (a)(4) and, in appropriate

22 cases, to force sale of property and dis23 tribution of proceeds.

24 ‘‘(I) INCREASE MONTHLY PAYMENTS.—For

25 the purpose of securing overdue support, to in-
39

•S 8 IS

1 crease the amount of monthly support pay2 ments to include amounts for arrearages (sub3 ject to such conditions or restrictions as the

4 State may provide).

5 ‘‘(J) SUSPENSION OF DRIVERS’ LI6 CENSES.—To suspend drivers’ licenses of indi7 viduals owing past-due support, in accordance

8 with subsection (a)(12).

9 ‘‘(2) SUBSTANTIVE AND PROCEDURAL RULES.—

10 The expedited procedures required under subsection

11 (a)(2) shall include the following rules and author12 ity, applicable with respect to all proceedings to es13 tablish paternity or to establish, modify, or enforce

14 support orders:

15 ‘‘(A) LOCATOR INFORMATION; PRESUMP16 TIONS CONCERNING NOTICE.—Procedures

17 under which—

18 ‘‘(i) the parties to any paternity or

19 child support proceedings are required

20 (subject to privacy safeguards) to file with

21 the tribunal before entry of an order, and

22 to update as appropriate, information on

23 location and identity (including social secu24 rity number, residential and mailing ad25 dresses, telephone number, driver’s license
40

•S 8 IS

1 number, and name, address, and telephone

2 number of employer); and

3 ‘‘(ii) in any subsequent child support

4 enforcement action between the same par5 ties, the tribunal shall be authorized, upon

6 sufficient showing that a diligent effort has

7 been made to ascertain such a party’s cur8 rent location, to deem due process require9 ments for notice and service of process to

10 be met, with respect to such party, by de11 livery to the most recent residential or em12 ployer address so filed pursuant to clause

13 (i).

14 ‘‘(B) STATEWIDE JURISDICTION.—Proce15 dures under which—

16 ‘‘(i) the State agency and any admin17 istrative or judicial tribunal with authority

18 to hear child support and paternity cases

19 exerts statewide jurisdiction over the par20 ties, and orders issued in such cases have

21 statewide effect; and

22 ‘‘(ii) in the case of a State in which

23 orders in such cases are issued by local ju24 risdictions, a case may be transferred be25 tween jurisdictions in the State without
41

•S 8 IS

1 need for any additional filing by the peti2 tioner, or service of process upon the re3 spondent, to retain jurisdiction over the

4 parties.’’.

5 (c) EXEMPTIONS FROM STATE LAW REQUIRE6 MENTS.—Section 466(d) (42 U.S.C. 666(d)) is amend7 ed—

8 (1) by striking ‘‘(d) If’’ and inserting ‘‘(d) EX9 EMPTIONS FROM REQUIREMENTS.—(1) IN GEN10 ERAL.—Subject to paragraph (2), if’’; and

11 (2) by adding at the end the following new

12 paragraph:

13 ‘‘(2) NONEXEMPT REQUIREMENTS.—The Sec14 retary shall not grant an exemption from the re15 quirements of—

16 ‘‘(A) subsection (a)(5) (concerning proce17 dures for paternity establishment);

18 ‘‘(B) subsection (a)(10) (concerning modi19 fication of orders); and

20 ‘‘(C) subsection (f) (concerning expedited

21 procedures), other than paragraph (1)(A) there22 of (concerning establishment or modification of

23 support amount).’’.

24 (d) EFFECTIVE DATES.—
42

•S 8 IS

1 (1) IN GENERAL.—Except as provided in para2 graph (2), the amendments made by subsections (a),

3 (b), and (c) shall be effective with respect to cal4 endar quarters beginning on or after October 1,

5 1995.

6 (2) SPECIAL RULE.—In the case of a State that

7 the Secretary of Health and Human Services deter8 mines requires State legislation (other than legisla9 tion appropriating funds) in order to meet the addi10 tional requirements imposed by the amendments

11 made by this Act, the State shall not be regarded as

12 failing to comply with the requirements of such

13 amendments before the first day of the first calendar

14 quarter beginning after the close of the first regular

15 session of the State legislature that begins after the

16 date of enactment of this Act. For purposes of this

17 paragraph, in the case of a State that has a 2-year

18 legislative session, each year of the session shall be

19 treated as a separate regular session of the State

20 legislature.

21 SEC. 205. OUTREACH FOR VOLUNTARY PATERNITY ESTAB22 LISHMENT.

23 (a) STATE PLAN REQUIREMENT.—

24 (1) IN GENERAL.—Section 454(23) (42 U.S.C.

25 654(23)) is amended—
43

•S 8 IS

1 (A) by inserting ‘‘(A)’’ after ‘‘(23)’’;

2 (B) by adding after subparagraph (A), as

3 so redesignated, the following new subpara4 graph:

5 ‘‘(B) provide that the State will regularly

6 and frequently publicize the availability and en7 courage the use of procedures for voluntary es8 tablishment of paternity and child support

9 through a variety of means, which—

10 ‘‘(i) may include distribution of writ11 ten materials at health care facilities (in12 cluding hospitals and clinics), and other lo13 cations such as schools;

14 ‘‘(ii) may include prenatal programs

15 to educate expectant couples on individual

16 and joint rights and responsibilities with

17 respect to paternity (and may require all

18 expectant recipients of assistance under

19 part A to participate in such prenatal pro20 grams, as an element of cooperation with

21 efforts to establish paternity and child sup22 port);

23 ‘‘(iii) may include, with respect to

24 each child discharged from a hospital after

25 birth for whom paternity or child support
44

•S 8 IS

1 has not been established, reasonable follow

2 up efforts (including at least one contact of

3 each parent whose whereabouts are known,

4 except where there is reason to believe

5 such follow up efforts would put mother or

6 child at risk), providing—

7 ‘‘(I) in the case of a child for

8 whom paternity has not been estab9 lished, information on the benefits of

10 and procedures for establishing pater11 nity; and

12 ‘‘(II) in the case of a child for

13 whom paternity has been established

14 but child support has not been estab15 lished, information on the benefits of

16 and procedures for establishing a

17 child support order, and an applica18 tion for child support services; and’’.

19 (2) ENHANCED FEDERAL MATCHING.—Section

20 455(a)(1)(C) (42 U.S.C. 655(a)(1)(C)) is amend21 ed—

22 (A) by inserting ‘‘(i)’’ before ‘‘laboratory

23 costs’’, and

24 (B) by inserting before the semicolon ‘‘,

25 and (ii) costs of outreach programs designed to
45

•S 8 IS

1 encourage voluntary acknowledgment of pater2 nity’’.

3 (3) EFFECTIVE DATES.—

4 (A) IN GENERAL.—The amendments made

5 by paragraph (1) shall become effective October

6 1, 1996.

7 (B) ENHANCED MATCH.—The amend8 ments made by paragraph (2) shall be effective

9 with respect to calendar quarters beginning on

10 and after October 1, 1995.

11 (b) STATE OUTREACH AS PART OF VOLUNTARY CON12 SENT PROCEDURES.—

13 (1) IN GENERAL.—Section 466(a)(5)(C) (42

14 U.S.C. 666(a)(5)(C)), as amended by section

15 303(a)(4), is further amended—

16 (A) by striking ‘‘and’’ at the end of clause

17 (ii); and

18 (B) by inserting after clause (iii) the fol19 lowing new clause:

20 ‘‘(iv) in coordination with the

21 Public Health Service, the State shall

22 directly or under contract with hos23 pitals, and other health care facilities

24 providing inpatient or outpatient ma25 ternity and pediatric services (includ-
46

•S 8 IS

1 ing prenatal clinics, well-baby clinics,

2 in-home public health service visita3 tions, family planning clinics, and cen4 ters participating in the program de5 scribed in section 17 of the Child Nu6 trition Act of 1966 (42 U.S.C. 1786))

7 provide that the benefits, rights and

8 responsibilities of acknowledging pa9 ternity are explained to unwed par10 ents; and’’.

11 (2) EFFECTIVE DATE.—

12 (A) IN GENERAL.—Except as provided in

13 subparagraph (B), the amendments made by

14 paragraph (1) shall be effective with respect to

15 calendar quarters beginning on or after October

16 1, 1995.

17 (B) SPECIAL RULE.—In the case of a

18 State that the Secretary of Health and Human

19 Services determines requires State legislation

20 (other than legislation appropriating funds) in

21 order to meet the additional requirements im22 posed by the amendments made by this Act, the

23 State shall not be regarded as failing to comply

24 with the requirements of such amendments be25 fore the first day of the first calendar quarter
47

•S 8 IS

1 beginning after the close of the first regular

2 session of the State legislature that begins after

3 the date of enactment of this Act. For purposes

4 of this paragraph, in the case of a State that

5 has a 2-year legislative session, each year of the

6 session shall be treated as a separate regular

7 session of the State legislature.

8 (c) JOINT OUTREACH PROGRAM.—

9 (1) IN GENERAL.—The Department of Health

10 and Human Services, the Public Health Service, and

11 the Department of Education shall cooperatively de12 velop and implement a substantial outreach program

13 and media campaign to—

14 (A) reinforce the importance of paternity

15 establishment; and

16 (B) promote the message that parenting is

17 a joint right and responsibility.

18 (2) AUTHORIZATION OF APPROPRIATIONS.—

19 There are authorized to be appropriated such sums

20 as may be necessary to carry out the purposes of

21 this subsection.
48

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1 TITLE III—COMBATING

2 TEENAGE PREGNANCY

3 SEC. 301. TARGETING YOUTH AT RISK OF TEENAGE PREG4 NANCY.

5 (a) IN GENERAL.—Section 402 (42 U.S.C. 602), as

6 amended by section 103(b)(2), is further amended by add7 ing at the end the following new subsection:

8 ‘‘(k)(1) Each State agency may, to the extent it de9 termines resources are available, provide for the operation

10 of projects to reduce teenage pregnancy. Such projects

11 shall be operated by eligible entities that have submitted

12 applications described in paragraph (3) that have been ap13 proved in accordance with paragraph (4).

14 ‘‘(2) For purposes of this subsection, the term ‘eligi15 ble entity’ includes State agencies, local agencies, publicly

16 supported organizations, private nonprofit organizations,

17 and consortia of such entities.

18 ‘‘(3) An application described in this paragraph

19 shall—

20 ‘‘(A) describe the project;

21 ‘‘(B) include an endorsement of the project by

22 the chief elected official of the jurisdiction in which

23 the project is to be located;
49

•S 8 IS

1 ‘‘(C) demonstrate strong local commitment and

2 local involvement in the planning and implementa3 tion of the project; and

4 ‘‘(D) be submitted in such manner and contain5 ing such information as the Secretary may require.

6 ‘‘(4)(A) Subject to subparagraph (B), the Governor

7 of a State may approve an application under this para8 graph based on selection criteria (to be determined by the

9 Governor).

10 ‘‘(B) Preference in approving a project shall be ac11 corded to be projects that target—

12 ‘‘(i) both young men and women;

13 ‘‘(ii) areas with high teenage pregnancy rates;

14 or

15 ‘‘(iii) areas with a high incidence of individuals

16 receiving aid to families with dependent children.

17 ‘‘(5)(A) An Indian tribe may apply to the Secretary

18 to provide for the operation of projects to reduce teenage

19 pregnancy in accordance with an application procedure to

20 be determined by the Secretary. Except as otherwise pro21 vided in this subsection, the provisions of this section shall

22 apply to Indian tribes receiving funds under this sub23 section in the same manner and to the same extent as

24 the other provisions of this section apply to States.
50

•S 8 IS

1 ‘‘(B) The Secretary shall limit the number of applica2 tions approved under this paragraph to ensure that pay3 ments under section 403(o) to Indian tribes with approved

4 applications would not result in payments of less than

5 a minimum payment amount (to be determined by the

6 Secretary).

7 ‘‘(C) For purposes of this subsection, the term ‘In8 dian tribe’ means any Indian tribe, band, nation, pueblo,

9 or other organized group or community, including any

10 Alaska Native entity which is recognized as eligible for the

11 special programs and services provided by the United

12 States to Indian tribes because of their status as Indians.

13 ‘‘(6) A project conducted under this subsection shall

14 be conducted for not less than 3 years.

15 ‘‘(7)(A) The Secretary shall conduct a study in ac16 cordance with subparagraph (B) to determine the relative

17 effectiveness of the different approaches for preventing

18 teenage pregnancy utilized in the projects conducted under

19 this subsection.

20 ‘‘(B) The study required under subparagraph (A)

21 shall—

22 ‘‘(i) be based on data gathered from projects

23 conducted in 5 States chosen by the Secretary from

24 among the States in which projects under this sub25 section are operated;
51

•S 8 IS

1 ‘‘(ii) use specific outcome measures (determined

2 by the Secretary) to test the effectiveness of the

3 projects;

4 ‘‘(iii) use experimental and control groups (to

5 the extent possible) that are composed of a random

6 sample of participants in the projects; and

7 ‘‘(iv) be conducted in accordance with an exper8 imental design determined by the Secretary to result

9 in a comparable design among all projects.

10 ‘‘(C) Each eligible entity conducting a project under

11 this subsection shall provide to the Secretary in such form

12 and with such frequency as the Secretary requires interim

13 data from the projects conducted under this subsection.

14 The Secretary shall report to the Congress annually on

15 the progress of such projects and shall, not later than Jan16 uary 1, 2003, submit to the Congress the study required

17 under subparagraph (A).

18 ‘‘(D) There are authorized to be appropriated

19 $500,000 for each of fiscal years 1996 through 2002 for

20 the purpose of conducting the study required under sub21 paragraph (A).’’.

22 (b) PAYMENT.—Section 403 (42 U.S.C. 603) is

23 amended by adding at the end the following new sub24 section:
52

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1 ‘‘(o)(1) In addition to any payment under subsection

2 (a) or (l), each State shall be entitled to payment from

3 the Secretary for each of fiscal years 1996 through 2002

4 of an amount equal to the lesser of—

5 ‘‘(A) 75 percent of the expenditures by the

6 State in providing for the operation of the projects

7 under section 402(k), and in administering the

8 projects under such section; or

9 ‘‘(B) the limitation determined under paragraph

10 (2) with respect to the State for the fiscal year.

11 ‘‘(2)(A) The limitation determined under this para12 graph with respect to a State for any fiscal year is the

13 amount that bears the same ratio to $71,250,000 as the

14 population with an income below the poverty line (as such

15 term is defined in section 673(2) of the Community Serv16 ices Block Grant Act (42 U.S.C. 9902(2)), including any

17 revision required by such section) in the State in the sec18 ond preceding fiscal year bears to such population residing

19 in the United States in the second preceding fiscal year.

20 ‘‘(B) If the limitation determined under subpara21 graph (A) with respect to a State for a fiscal year exceeds

22 the amount paid to the State under this subsection for

23 the fiscal year, the limitation determined under this para24 graph with respect to the State for the immediately suc-
53

•S 8 IS

1 ceeding fiscal year shall be increased by the amount of

2 such excess.

3 ‘‘(3)(A) Notwithstanding any other provision of this

4 title, for purposes of this subsection, an Indian tribe with

5 an application approved under section 402(k)(5) shall be

6 entitled to payment from the Secretary for each of fiscal

7 years 1996 through 2002 of an amount equal to the lesser

8 of—

9 ‘‘(i) 75 percent of the expenditures by the In10 dian tribe in providing for the operation of the

11 projects under section 402(k)(5), and in administer12 ing the projects under such section; or

13 ‘‘(ii) the limitation determined under subpara14 graph (B) with respect to the Indian tribe for the

15 fiscal year.

16 ‘‘(B)(i) The limitation determined under this sub17 paragraph with respect to an Indian tribe for any fiscal

18 year is the amount that bears the same ratio to

19 $3,750,000 as the population with an income below the

20 poverty line (as such term is defined in section 673(2) of

21 the Community Services Block Grant Act (42 U.S.C.

22 9902(2)), including any revision required by such section)

23 in the Indian tribe in the second preceding fiscal year

24 bears to such population of all Indian tribes with applica-
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1 tions approved under section 402(k)(5) in the second pre2 ceding fiscal year.

3 ‘‘(ii) If the limitation determined under clause (i)

4 with respect to an Indian tribe for a fiscal year exceeds

5 the amount paid to the Indian tribe under this paragraph

6 for the fiscal year, the limitation determined under this

7 subparagraph with respect to the Indian tribe for the im8 mediately succeeding fiscal year shall be increased by the

9 amount of such excess.

10 ‘‘(4) Amounts appropriated for a fiscal year to carry

11 out this part shall be made available for payments under

12 this subsection for such fiscal year.’’.

13 SEC. 302. NATIONAL CLEARINGHOUSE ON TEENAGE PREG14 NANCY.

15 (a) ESTABLISHMENT.—The Secretary of Education,

16 the Secretary of Health and Human Services, and the

17 Chief Executive Officer of the Corporation for National

18 and Community Service shall establish a national center

19 for the collection and provision of information that relates

20 to adolescent pregnancy prevention programs, to be known

21 as the ‘‘National Clearinghouse on Teenage Pregnancy

22 Prevention Programs’’.

23 (b) FUNCTIONS.—The national center established

24 under subsection (a) shall serve as a national information

25 and data clearinghouse, and as a material development
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1 source for adolescent pregnancy prevention programs.

2 Such center shall—

3 (1) develop and maintain a system for dissemi4 nating information on all types of adolescent preg5 nancy prevention programs and on the state of ado6 lescent pregnancy prevention program development,

7 including information concerning the most effective

8 model programs;

9 (2) identify model programs representing the

10 various types of adolescent pregnancy prevention

11 programs;

12 (3) develop networks of adolescent pregnancy

13 prevention programs for the purpose of sharing and

14 disseminating information;

15 (4) develop technical assistance materials to as16 sist other entities in establishing and improving ado17 lescent pregnancy prevention programs;

18 (5) participate in activities designed to encour19 age and enhance public media campaigns on the

20 issue of adolescent pregnancy; and

21 (6) conduct such other activities as the respon22 sible Federal officials find will assist in developing

23 and carrying out programs or activities to reduce ad24 olescent pregnancy.
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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There

2 are authorized to be appropriated such sums as may be

3 necessary to carry out the purposes of this section.

4 TITLE IV—FINANCING

5 SEC. 401. UNIFORM ALIEN ELIGIBILITY CRITERIA FOR PUB6 LIC ASSISTANCE PROGRAMS.

7 (a) FEDERAL AND FEDERALLY ASSISTED PRO8 GRAMS.—

9 (1) PROGRAM ELIGIBILITY CRITERIA.—

10 (A) AID TO FAMILIES WITH DEPENDENT

11 CHILDREN.—Section 402(a)(33) (42 U.S.C.

12 602(a)(33)) is amended—

13 (i) by striking ‘‘either’’ and inserting

14 ‘‘either—’’; and

15 (ii) by striking ‘‘(A) a citizen’’ and all

16 that follows through the semicolon and in17 serting the following:

18 ‘‘(A) a citizen or national of the United

19 States, or

20 ‘‘(B) a qualified alien (as defined in section

21 1101(a)(10)), if such alien is not disqualified

22 from receiving aid under a State plan approved

23 under this part by or pursuant to section 210(f)

24 or 245A(h) of the Immigration and Nationality

25 Act or any other provision of law;’’.
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1 (B) SUPPLEMENTAL SECURITY INCOME.—

2 Section 1614(a)(1)(B)(i) (42 U.S.C.

3 1382c(a)(1)(B)(i)) is amended to read as fol4 lows:

5 ‘‘(B)(i) is a resident of the United States,

6 and is either (I) a citizen or national of the

7 United States, or (II) a qualified alien (as de8 fined in section 1101(a)(10)), or’’.

9 (C) MEDICAID—(i) Section 1903(v)(1) (42

10 U.S.C. 1396b(v)(1)) is amended to read as fol11 lows:

12 ‘‘(v)(1) Notwithstanding the preceding provisions of

13 this section—

14 ‘‘(A) no payment may be made to a State under

15 this section for medical assistance furnished to an

16 individual who is disqualified from receiving such as17 sistance by or pursuant to section 210(f) or 245A(h)

18 of the Immigration and Nationality Act or any other

19 provision of law, and

20 ‘‘(B) except as provided in paragraph (2), no

21 such payment may be made for medical assistance

22 furnished to an individual who is not—

23 ‘‘(i) a citizen or national of the United

24 States, or
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1 ‘‘(ii) a qualified alien (as defined in section

2 1101(a)(10)).’’.

3 (ii) Section 1903(v)(2) (42 U.S.C.

4 1396b(v)(2)) is amended—

5 (I) by striking ‘‘paragraph (1)’’ and

6 inserting ‘‘paragraph (1)(B)’’; and

7 (II) by striking ‘‘alien’’ each place it

8 appears and inserting ‘‘individual’’.

9 (iii) Section 1902(a) (42 U.S.C. 1396a(a))

10 is amended in the last sentence by striking

11 ‘‘alien’’ and all that follows through the period

12 and inserting ‘‘individual who is not (A) a citi13 zen or national of the United States, or (B) a

14 qualified alien (as defined in section

15 1101(a)(10)) only in accordance with section

16 1903(v).’’.

17 (iv) Section 1902(b)(3) (42 U.S.C.

18 1396a(b)(3)) is amended by inserting ‘‘or na19 tional’’ after ‘‘citizen’’.

20 (2) QUALIFIED ALIEN DEFINED.—Section 1101(a)

21 (42 U.S.C. 1301(a)) is amended by adding at the end the

22 following new paragraph:

23 ‘‘(10) The term ‘qualified alien’ means an

24 alien—
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1 ‘‘(A) who is lawfully admitted for perma2 nent residence within the meaning of section

3 101(a)(20) of the Immigration and Nationality

4 Act;

5 ‘‘(B) who is admitted as a refugee pursu6 ant to section 207 of such Act;

7 ‘‘(C) who is granted asylum pursuant to

8 section 208 of such Act;

9 ‘‘(D) whose deportation is withheld pursu10 ant to section 243(h) of such Act;

11 ‘‘(E) whose deportation is suspended pur12 suant to section 244 of such Act;

13 ‘‘(F) who is granted conditional entry pur14 suant to section 203(a)(7) of such Act as in ef15 fect prior to April 1, 1980;

16 ‘‘(G) who is lawfully admitted for tem17 porary residence pursuant to section 210 or

18 245A of such Act;

19 ‘‘(H) who is within a class of aliens law20 fully present within the United States pursuant

21 to any other provision of such Act, if—

22 ‘‘(i) the Attorney General determines

23 that the continued presence of such class

24 of aliens serves a humanitarian or other

25 compelling public interest, and
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1 ‘‘(ii) the Secretary of Health and

2 Human Services determines that such in3 terest would be further served by treating

4 each alien within such class as a ‘qualified

5 alien’ for purposes of this Act; or

6 ‘‘(I) who is the spouse or unmarried child

7 under 21 years of age of a citizen of the United

8 States, or the parent of such a citizen if the cit9 izen is 21 years of age or older, and with re10 spect to whom an application for adjustment to

11 lawful permanent residence is pending;

12 such status not having changed.’’.

13 (3) CONFORMING AMENDMENT.—Section

14 244A(f)(1) of the Immigration and Nationality Act

15 (8 U.S.C. 1254(a)(f)(1)) is amended by inserting

16 ‘‘and shall not be considered to be a ‘qualified alien’

17 within the meaning of section 1101(a)(10) of the So18 cial Security Act’’ before the semicolon at the end.

19 (b) STATE AND LOCAL PROGRAMS.—A State or polit20 ical subdivision therein may provide that an alien is not

21 eligible for any program of assistance based on need that

22 is furnished by such State or political subdivision unless

23 such alien is a ‘‘qualified alien’’ within the meaning of sec24 tion 1101(a)(10) of the Social Security Act (as added by

25 subsection (a)(2) of this section).
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1 (c) EFFECTIVE DATE.—(1) The amendments made

2 by subsection (a) are effective with respect to benefits pay3 able on the basis of any application filed after the date

4 of enactment of this Act.

5 (2) Subsection (b) is effective upon the date of enact6 ment of this Act.

7 SEC. 402. STATE RETENTION OF AMOUNTS RECOVERED.

8 Section 16(a) of the Food Stamp Act of 1977 (7

9 U.S.C. 2025(a)) is amended in the proviso of the first sen10 tence by striking ‘‘1995’’ each place such term appears

11 and inserting ‘‘2004’’.

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