176
‘‘(2) in which the sponsor agrees to submit to
the jurisdiction of any Federal or State court for the
purpose of actions brought under subsection (e)(2).
Such contract shall be enforceable with respect to benefits
provided to the alien until such time as the alien achieves
United States citizenship through naturalization pursuant
to chapter 2 of title III.
‘‘(b) FORMS.—Not later than 90 days after the date
of enactment of this section, the Attorney General, in con-
sultation with the Secretary of State and the Secretary
of Health and Human Services, shall formulate an affida-
vit of support consistent with the provisions of this sec-
tion.
‘‘(c) STATUTORY CONSTRUCTION.—Nothing in this
section shall be construed to grant third party beneficiary
rights to any sponsored alien under an affidavit of
support.
‘‘(d) NOTIFICATION OF CHANGE OF ADDRESS.—(1)
The sponsor shall notify the Federal Government and the
State in which the sponsored alien is currently resident
within 30 days of any change of address of the sponsor
during the period specified in subsection (a)(1).
‘‘(2) Any person subject to the requirement of para-
graph (1) who fails to satisfy such requirement shall be
subject to a civil penalty of—
177
‘‘(A) not less than $250 or more than $2,000,
or
‘‘(B) if such failure occurs with knowledge that
the sponsored alien has received any benefit under
any means-tested public benefits program, not less
than $2,000 or more than $5,000.
‘‘(e)
REIMBURSEMENT
OF
GOVERNMENT
EX-
PENSES.—(1)(A) Upon notification that a sponsored alien
has received any benefit under any means-tested public
benefits program, the appropriate Federal, State, or local
official shall request reimbursement by the sponsor in the
amount of such assistance.
‘‘(B) The Attorney General, in consultation with the
Secretary of Health and Human Services, shall prescribe
such regulations as may be necessary to carry out sub-
paragraph (A).
‘‘(2) If within 45 days after requesting reimburse-
ment, the appropriate Federal, State, or local agency has
not received a response from the sponsor indicating a will-
ingness to commence payments, an action may be brought
against the sponsor pursuant to the affidavit of support.
‘‘(3) If the sponsor fails to abide by the repayment
terms established by such agency, the agency may, within
60 days of such failure, bring an action against the spon-
sor pursuant to the affidavit of support.
178
‘‘(4) No cause of action may be brought under this
subsection later than 10 years after the alien last received
any benefit under any means-tested public benefits pro-
gram.
‘‘(f) DEFINITIONS.—For the purposes of this sec-
tion—
‘‘(1) SPONSOR.—The term ‘sponsor’ means an
individual who—
‘‘(A) is a citizen or national of the United
States or an alien who is lawfully admitted to
the United States for permanent residence;
‘‘(B) is 18 years of age or over; and
‘‘(C) is domiciled in any State.
‘‘(2) MEANS-TESTED
PUBLIC
BENEFITS
PRO-
GRAM.—The term ‘means-tested public benefits pro-
gram’ means a program of public benefits (including
cash, medical, housing, and food assistance and so-
cial services) of the Federal Government or of a
State or political subdivision of a State in which the
eligibility of an individual, household, or family eligi-
bility unit for benefits under the program, or the
amount of such benefits, or both are determined on
the basis of income, resources, or financial need of
the individual, household, or unit.’’.
179
(b) CLERICAL AMENDMENT.—The table of contents
of such Act is amended by inserting after the item relating
to section 213 the following:
‘‘Sec. 213A. Requirements for sponsor’s affidavit of support.’’.
(c) EFFECTIVE DATE.—Subsection (a) of section
213A of the Immigration and Nationality Act, as inserted
by subsection (a) of this section, shall apply to affidavits
of support executed on or after a date specified by the
Attorney General, which date shall be not earlier than 60
days (and not later than 90 days) after the date the Attor-
ney General formulates the form for such affidavits under
subsection (b) of such section.
Subtitle D—General Provisions
SEC. 431. DEFINITIONS.
(a) IN GENERAL.—Except as otherwise provided in
this section, the terms used in this title have the same
meaning given such terms in section 101(a) of the Immi-
gration and Nationality Act.
(b) LAWFUL PRESENCE.—For purposes of this title,
the determination of whether an alien is lawfully present
in the United States shall be made in accordance with reg-
ulations of the Attorney General. An alien shall not be
considered to be lawfully present in the United States for
purposes of this title merely because the alien may be con-
sidered to be permanently residing in the United States
under color of law for purposes of any particular program.
180
(c) STATE.—As used in this title, the term ‘‘State’’
includes the District of Columbia, Puerto Rico, the Virgin
Islands, Guam, the Northern Mariana Islands, and Amer-
ican Samoa.
(d) PUBLIC BENEFITS PROGRAMS.—As used in this
title—
(1)
MEANS-TESTED
PROGRAM.—The
term
‘‘means-tested public benefits program’’ means a
program of public benefits (including cash, medical,
housing, and food assistance and social services) of
the Federal Government or of a State or political
subdivision of a State in which the eligibility of an
individual, household, or family eligibility unit for
benefits under the program, or the amount of such
benefits, or both are determined on the basis of in-
come, resources, or financial need of the individual,
household, or unit.
(2) FEDERAL
MEANS-TESTED
PUBLIC
BENE-
FITS PROGRAM.—The term ‘‘Federal means-tested
public benefits program’’ means a means-tested pub-
lic benefits program of (or contributed to by) the
Federal Government and under which the Federal
Government has specified standards for eligibility
and
includes
the
programs
specified
in
section
403(a).
181
(3) STATE
MEANS-TESTED
PUBLIC
BENEFITS
PROGRAM.—The term ‘‘State means-tested public
benefits program’’ means a means-tested public ben-
efits program of a State or political subdivision of a
State under which the State or political subdivision
specifies the standards for eligibility, and does not
include any Federal means-tested public benefits
program.
SEC. 432. CONSTRUCTION.
Nothing in this title shall be construed as addressing
alien eligibility for governmental programs that are not
means-tested public benefits programs.
Subtitle E—Conforming
Amendments
SEC. 441. CONFORMING AMENDMENTS RELATING TO AS-
SISTED HOUSING.
(a) LIMITATIONS ON ASSISTANCE.—Section 214 of
the Housing and Community Development Act of 1980
(42 U.S.C. 1436a) is amended—
(1) by striking ‘‘Secretary of Housing and
Urban Development’’ each place it appears and in-
serting ‘‘applicable Secretary’’;
(2) in subsection (b), by inserting after ‘‘Na-
tional Housing Act,’’ the following: ‘‘the direct loan
program under section 502 of the Housing Act of
182
1949 or section 502(c)(5)(D), 504, 521(a)(2)(A), or
542 of such Act, subtitle A of title III of the Cran-
ston-Gonzalez National Affordable Housing Act,’’;
(3) in paragraphs (2) through (6) of subsection
(d), by striking ‘‘Secretary’’ each place it appears
and inserting ‘‘applicable Secretary’’;
(4) in subsection (d), in the matter following
paragraph (6), by striking ‘‘the term ‘Secretary’’’
and inserting ‘‘the term ‘applicable Secretary’’’; and
(5) by adding at the end the following new sub-
section:
‘‘(h) For purposes of this section, the term ‘applicable
Secretary’ means—
‘‘(1) the Secretary of Housing and Urban De-
velopment, with respect to financial assistance ad-
ministered by such Secretary and financial assist-
ance under subtitle A of title III of the Cranston-
Gonzalez National Affordable Housing Act; and
‘‘(2) the Secretary of Agriculture, with respect
to financial assistance administered by such Sec-
retary.’’.
(b) CONFORMING AMENDMENTS.—Section 501(h) of
the
Housing
Act
of
1949
(42
U.S.C.
1471(h))
is
amended—
(1) by striking ‘‘(1)’’;
183
(2) by striking ‘‘by the Secretary of Housing
and Urban Development’’; and
(3) by striking paragraph (2).
TITLE V—FOOD STAMP REFORM
AND COMMODITY DISTRIBUTION
SEC. 501. SHORT TITLE.
This title may be cited as the ‘‘Food Stamp Reform
and Commodity Distribution Act’’.
Subtitle A—Commodity
Distribution Provisions
SEC. 511. SHORT TITLE.
This subtitle may be cited as the ‘‘Commodity Dis-
tribution Act of 1995’’.
SEC. 512. AVAILABILITY OF COMMODITIES.
(a) Notwithstanding any other provision of law, the
Secretary of Agriculture (hereinafter in this subtitle re-
ferred to as the ‘‘Secretary’’) is authorized during fiscal
years 1996 through 2000 to purchase a variety of nutri-
tious and useful commodities and distribute such commod-
ities to the States for distribution in accordance with this
subtitle.
(b) In addition to the commodities described in sub-
section (a), the Secretary may expend funds made avail-
able to carry out section 32 of the Act of August 24, 1935
(7 U.S.C. 612c), which are not expended or needed to
184
carry out such sections, to purchase, process, and distrib-
ute commodities of the types customarily purchased under
such section to the States for distribution in accordance
with this subtitle.
(c) In addition to the commodities described in sub-
sections (a) and (b), agricultural commodities and the
products thereof made available under clause (2) of the
second sentence of section 32 of the Act of August 24,
1935 (7 U.S.C. 612c), may be made available by the Sec-
retary to the States for distribution in accordance with
this subtitle.
(d) In addition to the commodities described in sub-
sections (a), (b), and (c), commodities acquired by the
Commodity Credit Corporation that the Secretary deter-
mines, in the discretion of the Secretary, are in excess of
quantities need to—
(1) carry out other domestic donation pro-
grams;
(2) meet other domestic obligations;
(3) meet international market development and
food aid commitments; and
(4) carry out the farm price and income sta-
bilization purposes of the Agricultural Adjustment
Act of 1938, the Agricultural Act of 1949, and the
Commodity Credit Corporation Charter Act;
185
shall be made available by the Secretary, without charge
or credit for such commodities, to the States for distribu-
tion in accordance with this subtitle.
(e) During each fiscal year, the types, varieties, and
amounts of commodities to be purchased under this sub-
title shall be determined by the Secretary. In purchasing
such commodities, except those commodities purchased
pursuant to section 520, the Secretary shall, to the extent
practicable and appropriate, make purchases based on—
(1) agricultural market conditions;
(2) the preferences and needs of States and dis-
tributing agencies; and
(3) the preferences of the recipients.
SEC. 513. STATE, LOCAL AND PRIVATE SUPPLEMENTATION
OF COMMODITIES.
(a) The Secretary shall establish procedures under
which State and local agencies, recipient agencies, or any
other entity or person may supplement the commodities
distributed under this subtitle for use by recipient agencies
with nutritious and wholesome commodities that such en-
tities or persons donate for distribution, in all or part of
the State, in addition to the commodities otherwise made
available under this subtitle.
(b) States and eligible recipient agencies may use—
186
(1) the funds appropriated for administrative
cost under section 519(b);
(2) equipment, structures, vehicles, and all
other facilities involved in the storage, handling, or
distribution of commodities made available under
this subtitle; and
(3) the personnel, both paid or volunteer, in-
volved in such storage, handling, or distribution;
to store, handle or distribute commodities donated for use
under subsection (a).
(c) States and recipient agencies shall continue, to
the maximum extent practical, to use volunteer workers,
and commodities and other foodstuffs donated by chari-
table and other organizations, in the distribution of com-
modities under this subtitle.
SEC. 514. STATE PLAN.
(a) A State seeking to receive commodities under this
subtitle shall submit a plan of operation and administra-
tion every four years to the Secretary for approval. The
plan may be amended at any time, with the approval of
the Secretary.
(b) The State plan, at a minimum, shall—
(1) designate the State agency responsible for
distributing the commodities received under this sub-
title;
187
(2) set forth a plan of operation and adminis-
tration to expeditiously distribute commodities under
this subtitle in quantities requested to eligible recipi-
ent agencies in accordance with sections 516 and
520;
(3) set forth the standards of eligibility for re-
cipient agencies; and
(4) set forth the standards of eligibility for indi-
vidual or household recipients of commodities, which
at minimum shall require—
(A) individuals or households to be com-
prised of needy persons; and
(B) individual or household members to be
residing in the geographic location served by
the distributing agency at the time of applica-
tion for assistance.
(c) The Secretary shall encourage each State receiv-
ing commodities under this subtitle to establish a State
advisory board consisting of representatives of all inter-
ested entities, both public and private, in the distribution
of commodities received under this subtitle in the State.
(d) A State agency receiving commodities under this
subtitle may—
(1)(A) enter into cooperative agreements with
State agencies of other States to jointly provide
188
commodities received under this subtitle to eligible
recipient agencies that serve needy persons in a sin-
gle geographical area which includes such States; or
(B) transfer commodities received under this
subtitle to any such eligible recipient agency in the
other State under such agreement; and
(2) advise the Secretary of an agreement en-
tered into under this subsection and the transfer of
commodities made pursuant to such agreement.
SEC. 515. ALLOCATION OF COMMODITIES TO STATES.
(a) In each fiscal year, except for those commodities
purchased under section 520, the Secretary shall allocate
the commodities distributed under this subtitle as follows:
(1) 60 percent of the such total value of com-
modities shall be allocated in a manner such that the
value of commodities allocated to each State bears
the same ratio to 60 percent of such total value as
the number of persons in households within the
State having incomes below the poverty line bears to
the total number of persons in households within all
States having incomes below such poverty line. Each
State shall receive the value of commodities allocated
under this paragraph.
(2) 40 percent of such total value of commod-
ities shall be allocated in a manner such that the
189
value of commodities allocated to each State bears
the same ratio to 40 percent of such total value as
the average monthly number of unemployed persons
within the State bears to the average monthly num-
ber of unemployed persons within all States during
the same fiscal year. Each State shall receive the
value of commodities allocated to the State under
this paragraph.
(b)(1) The Secretary shall notify each State of the
amount of commodities that such State is allotted to re-
ceive under subsection (a) or this subsection, if applicable.
Each State shall promptly notify the Secretary if such
State determines that it will not accept any or all of the
commodities made available under such allocation. On
such a notification by a State, the Secretary shall reallo-
cate and distribute such commodities as the Secretary
deems appropriate and equitable. The Secretary shall fur-
ther establish procedures to permit States to decline to
receive portions of such allocation during each fiscal year
as the State determines is appropriate and the Secretary
shall reallocate and distribute such allocation as the Sec-
retary deems appropriate and equitable.
(2) In the event of any drought, flood, hurricane, or
other natural disaster affecting substantial numbers of
persons in a State, county, or parish, the Secretary may
190
request that States unaffected by such a disaster consider
assisting affected States by allowing the Secretary to re-
allocate commodities from such unaffected State to States
containing areas adversely affected by the disaster.
(c) Purchases of commodities under this subtitle shall
be made by the Secretary at such times and under such
conditions as the Secretary determines appropriate within
each fiscal year. All commodities so purchased for each
such fiscal year shall be delivered at reasonable intervals
to States based on the allocations and reallocations made
under subsections (a) and (b), and or carry out section
520, not later than December 31 of the following fiscal
year.
SEC. 516. PRIORITY SYSTEM FOR STATE DISTRIBUTION OF
COMMODITIES.
(a) In distributing the commodities allocated under
subsections (a) and (b) of section 515, the State agency,
under procedures determined by the State agency, shall
offer, or otherwise make available, its full allocation of
commodities for distribution to emergency feeding organi-
zations.
(b) If the State agency determines that the State will
not exhaust the commodities allocated under subsections
(a) and (b) of section 515 through distribution to organi-
zations referred to in subsection (a), its remaining alloca-
191
tion of commodities shall be distributed to charitable insti-
tutions described in section 523(3) not receiving commod-
ities under subsection (a).
(c) If the State agency determines that the State will
not exhaust the commodities allocated under subsections
(a) and (b) of section 515 through distribution to organi-
zations referred to in subsections (a) and (b), its remain-
ing allocation of commodities shall be distributed to any
eligible recipient agency not receiving commodities under
subsections (a) and (b).
SEC. 517. INITIAL PROCESSING COSTS.
The Secretary may use funds of the Commodity
Credit Corporation to pay the costs of initial processing
and packaging of commodities to be distributed under this
subtitle into forms and in quantities suitable, as deter-
mined by the Secretary, for use by the individual house-
holds or eligible recipient agencies, as applicable. The Sec-
retary may pay such costs in the form of Corporation-
owned commodities equal in value to such costs. The Sec-
retary shall ensure that any such payments in kind will
not displace commercial sales of such commodities.
SEC. 518. ASSURANCES; ANTICIPATED USE.
(a) The Secretary shall take such precautions as the
Secretary deems necessary to ensure that commodities
made available under this subtitle will not displace com-
192
mercial sales of such commodities or the products thereof.
The Secretary shall submit to the Committee on Agri-
culture of the House of Representatives and the Commit-
tee on Agriculture, Nutrition, and Forestry of the Senate
by December 31, 1997, and not less than every two years
thereafter, a report as to whether and to what extent such
displacements or substitutions are occurring.
(b) The Secretary shall determine that commodities
provided under this subtitle shall be purchased and dis-
tributed only in quantities that can be consumed without
waste. No eligible recipient agency may receive commod-
ities under this subtitle in excess of anticipated use, based
on inventory records and controls, or in excess of its ability
to accept and store such commodities.
SEC. 519. AUTHORIZATION OF APPROPRIATIONS.
(a) PURCHASE OF COMMODITIES.—To carry out this
subtitle,
there
are
authorized
to
be
appropriated
$260,000,000 for each of the fiscal years 1996 through
2000 to purchase, process, and distribute commodities to
the States in accordance with this subtitle.
(b) ADMINISTRATIVE FUNDS.—
(1) There are authorized to be appropriated
$40,000,000 for each of the fiscal years 1996
through 2000 for the Secretary to make available to
the States for State and local payments for costs as-
193
sociated with the distribution of commodities by eli-
gible recipient agencies under this subtitle, excluding
costs associated with the distribution of those com-
modities distributed under section 520. Funds ap-
propriated under this paragraph for any fiscal year
shall be allocated to the States on an advance basis
dividing such funds among the States in the same
proportions as the commodities distributed under
this subtitle for such fiscal year are allocated among
the States. If a State agency is unable to use all of
the funds so allocated to it, the Secretary shall re-
allocate such unused funds among the other States
in a manner the Secretary deems appropriate and
equitable.
(2)(A) A State shall make available in each fis-
cal year to eligible recipient agencies in the State
not less than 40 percent of the funds received by the
State under paragraph (1) for such fiscal year, as
necessary to pay for, or provide advance payments
to cover, the allowable expenses of eligible recipient
agencies for distributing commodities to needy per-
sons, but only to the extent such expenses are actu-
ally so incurred by such recipient agencies.
(B) As used in this paragraph, the term ‘‘allow-
able expenses’’ includes—
194
(i) costs of transporting, storing, handling,
repackaging, processing, and distributing com-
modities incurred after such commodities are
received by eligible recipient agencies;
(ii) costs associated with determinations of
eligibility, verification, and documentation;
(iii) costs of providing information to per-
sons receiving commodities under this subtitle
concerning the appropriate storage and prepa-
ration of such commodities; and
(iv) costs of recordkeeping, auditing, and
other administrative procedures required for
participation in the program under this subtitle.
(C) If a State makes a payment, using State
funds, to cover allowable expenses of eligible recipi-
ent agencies, the amount of such payment shall be
counted toward the amount a State must make
available for allowable expenses of recipient agencies
under this paragraph.
(3) States to which funds are allocated for a
fiscal year under this subsection shall submit finan-
cial reports to the Secretary, on a regular basis, as
to the use of such funds. No such funds may be
used by States or eligible recipient agencies for costs
other than those involved in covering the expenses
195
related to the distribution of commodities by eligible
recipient agencies.
(4)(A) Except as provided in subparagraph (B),
to be eligible to receive funds under this subsection,
a State shall provide in cash or in kind (according
to procedures approved by the Secretary for certify-
ing these in-kind contributions) from non-Federal
sources a contribution equal to the difference be-
tween—
(i) the amount of such funds so received;
and
(ii) any part of the amount allocated to the
State and paid by the State—
(I) to eligible recipient agencies; or
(II) for the allowable expenses of such
recipient agencies; for use in carrying out
this subtitle.
(B) Funds allocated to a State under this sec-
tion may, upon State request, be allocated before
States satisfy the matching requirement specified in
subparagraph (A), based on the estimated contribu-
tion required. The Secretary shall periodically rec-
oncile estimated and actual contributions and adjust
allocations to the State to correct for overpayments
and underpayments.
196
(C) Any funds distributed for administrative
costs under section 520(b) shall not be covered by
this paragraph.
(5) States may not charge for commodities
made available to eligible recipient agencies, and
may not pass on to such recipient agencies the cost
of any matching requirements, under this subtitle.
(c) The value of the commodities made available
under subsections (c) and (d) of section 512, and the
funds of the Commodity Credit Corporation used to pay
the costs of initial processing, packaging (including forms
suitable for home use), and delivering commodities to the
States shall not be charged against appropriations author-
ized by this section.
SEC. 520. COMMODITY SUPPLEMENTAL FOOD PROGRAM.
(a) From the funds appropriated under section
519(a), $94,500,000 shall be used for each fiscal year to
purchase and distribute commodities to supplemental feed-
ing programs serving woman, infants, and children or el-
derly individuals (hereinafter in this section referred to as
the ‘‘commodity supplemental food program’’), or serving
both groups wherever located.
(b) Not more than 20 percent of the funds made
available under subsection (a) shall be made available to
the States for State and local payments of administrative
197
costs associated with the distribution of commodities by
eligible recipient agencies under this section. Administra-
tive costs for the purposes of the commodity supplemental
food program shall include, but not be limited to, expenses
for information and referral, operation, monitoring, nutri-
tion education, start-up costs, and general administration,
including staff, warehouse and transportation personnel,
insurance, and administration of the State or local office.
(c)(1) During each fiscal year the commodity supple-
mental food program is in operation, the types, varieties,
and amounts of commodities to be purchased under this
section shall be determined by the Secretary, but, if the
Secretary proposes to make any significant changes in the
types, varieties, or amounts from those that were available
or were planned at the beginning of the fiscal year the
Secretary shall report such changes before implementation
to the Committee on Agriculture of the House of Rep-
resentatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate.
(2) Notwithstanding any other provision of law, the
Commodity Credit Corporation shall, to the extent that
the Commodity Credit Corporation inventory levels per-
mit, provide not less than 9,000,000 pounds of cheese and
not less than 4,000,000 pounds of nonfat dry milk in each
of the fiscal years 1996 through 2000 to the Secretary.
198
The Secretary shall use such amounts of cheese and non-
fat dry milk to carry out the commodity supplemental food
program before the end of each fiscal year.
(d) The Secretary shall, in each fiscal year, approve
applications of additional sites for the program, including
sites that serve only elderly persons, in areas in which the
program currently does not operate, to the full extent that
applications can be approved within the appropriations
available for the program for the fiscal year and without
reducing actual participation levels (including participa-
tion of elderly persons under subsection (e)) in areas in
which the program is in effect.
(e) If a local agency that administers the commodity
supplemental food program determines that the amount
of funds made available to the agency to carry out this
section exceeds the amount of funds necessary to provide
assistance under such program to women, infants, and
children, the agency, with the approval of the Secretary,
may permit low-income elderly persons (as defined by the
Secretary) to participate in and be served by such pro-
gram.
(f)(1) If it is necessary for the Secretary to pay a
significantly higher than expected price for one or more
types of commodities purchased under this section, the
Secretary shall promptly determine whether the price is
199
likely to cause the number of persons that can be served
in the program in a fiscal year to decline.
(2) If the Secretary determines that such a decline
would occur, the Secretary shall promptly notify the State
agencies charged with operating the program of the de-
cline and shall ensure that a State agency notify all local
agencies operating the program in the State of the decline.
(g) Commodities distributed to States pursuant to
this section shall not be considered in determining the
commodity allocation to each State under section 515 or
priority of distribution under section 516.
SEC. 521. COMMODITIES NOT INCOME.
Notwithstanding any other provision of law, commod-
ities distributed under this subtitle shall not be considered
income or resources for purposes of determining recipient
eligibility under any Federal, State, or local means-tested
program.
SEC.
522.
PROHIBITION
AGAINST
CERTAIN
STATE
CHARGES.
Whenever a commodity is made available without
charge or credit under this subtitle by the Secretary for
distribution within the States to eligible recipient agencies,
the State may not charge recipient agencies any amount
that is in excess of the State’s direct costs of storing, and
transporting to recipient agencies the commodities minus
200
any amount the Secretary provides the State for the costs
of storing and transporting such commodities.
SEC. 523. DEFINITIONS.
As used in this subtitle:
(1) The term ‘‘average monthly number of un-
employed persons’’ means the average monthly num-
ber of unemployed persons within a State in the
most recent fiscal year for which such information is
available as determined by the Bureau of Labor Sta-
tistics of the Department of Labor.
(2) The term ‘‘elderly persons’’ means individ-
uals 60 years of age or older.
(3) The term ‘‘eligible recipient agency’’ means
a
public
or
nonprofit
organization
that
admin-
isters—
(A) an institution providing commodities to
supplemental feeding programs serving women,
infants, and children or serving elderly persons,
or serving both groups;
(B) an emergency feeding organization;
(C) a charitable institution (including a
hospital and a retirement home, but excluding
a penal institution) to the extent that such in-
stitution serves needy persons;
201
(D) a summer camp for children, or a
child nutrition program providing food service;
(E) a nutrition project operating under the
Older Americans Act of 1965, including such
project that operates a congregate nutrition site
and
a
project
that
provides
home-delivered
meals; or
(F) a disaster relief program;and that has
been designated by the appropriate State agen-
cy, or by the Secretary, and approved by the
Secretary for participation in the program es-
tablished under this subtitle.
(4) The term ‘‘emergency feeding organization’’
means a public or nonprofit organization that ad-
ministers activities and projects (including the activi-
ties and projects of a charitable institution, a food
bank, a food pantry, a hunger relief center, a soup
kitchen, or a similar public or private nonprofit eligi-
ble recipient agency) providing nutrition assistance
to
relieve
situations
of
emergency
and
distress
through the provision of food to needy persons, in-
cluding low-income and unemployed persons.
(5) The term ‘‘food bank’’ means a public and
charitable institution that maintains an established
operation involving the provision of food or edible
202
commodities, or the products thereof, to food pan-
tries, soup kitchens, hunger relief centers, or other
food or feeding centers that, as an integral part of
their normal activities, provide meals or food to feed
needy persons on a regular basis.
(6) The term ‘‘food pantry’’ means a public or
private nonprofit organization that distributes food
to low-income and unemployed households, including
food from sources other than the Department of Ag-
riculture, to relieve situations of emergency and dis-
tress.
(7) The term ‘‘needy persons’’ means—
(A) individuals who have low incomes or
who are unemployed, as determined by the
State (in no event shall the income of such indi-
vidual or household exceed 185% of the poverty
line);
(B) households certified as eligible to par-
ticipate in the food stamp program under the
Food Stamp Act of 1977 (7 U.S.C. 2011 et
seq.); or
(C) individuals or households participating
in any other Federal, or Federally assisted,
means-tested program.
203
(8) The term ‘‘poverty line’’ has the same
meaning given such term in section 673(2) of the
Community Services Block Grant Act (42 U.S.C.
9902(2)).
(9) The term ‘‘soup kitchen’’ means a public
and charitable institution that, as integral part of its
normal activities, maintains an established feeding
operation to provide food to needy homeless persons
on a regular basis.
SEC. 524. REGULATIONS.
(a) The Secretary shall issue regulations within 120
days to implement this subtitle.
(b) In administering this subtitle, the Secretary shall
minimize, to the maximum extent practicable, the regu-
latory, recordkeeping, and paperwork requirements im-
posed on eligible recipient agencies.
(c) The Secretary shall as early as feasible but not
later than the beginning of each fiscal year, publish in the
Federal Register a nonbinding estimate of the types and
quantities of commodities that the Secretary anticipates
are likely to be made available under the commodity dis-
tribution program under this subtitle during the fiscal
year.
(d) The regulations issued by the Secretary under
this section shall include provisions that set standards
204
with respect to liability for commodity losses for the com-
modities distributed under this subtitle in situations in
which there is no evidence of negligence or fraud, and con-
ditions for payment to cover such losses. Such provisions
shall take into consideration the special needs and cir-
cumstances of eligible recipient agencies.
SEC. 525. FINALITY OF DETERMINATIONS.
Determinations made by the Secretary under this
subtitle and the facts constituting the basis for any dona-
tion of commodities under this subtitle, or the amount
thereof, when officially determined in conformity with the
applicable regulations prescribed by the Secretary, shall
be final and conclusive and shall not be reviewable by any
other officer or agency of the Government.
SEC. 526. SALE OF COMMODITIES PROHIBITED.
Except as otherwise provided in section 517, none of
the commodities distributed under this subtitle shall be
sold or otherwise disposed of in commercial channels in
any form.
SEC. 527. SETTLEMENT AND ADJUSTMENT OF CLAIMS.
(a) The Secretary, or a designee of the Secretary,
shall have the authority to—
(1) determine the amount of, settle, and adjust
any claim arising under this subtitle; and
205
(2) waive such a claim if the Secretary deter-
mines that to do so will serve the purposes of this
subtitle.
(b) Nothing contained in this section shall be con-
strued to diminish the authority of the Attorney General
of the United States under section 516 of title 28, United
States Code, to conduct litigation on behalf of the United
States.
SEC. 528. REPEALERS; AMENDMENTS.
(a) The Emergency Food Assistance Act of 1983 (7
U.S.C. 612c note) is repealed.
(b) AMENDMENTS.—
(1) The Hunger Prevention Act of 1988 (7
U.S.C. 612c note) is amended—
(A) by striking section 110;
(B) by striking subtitle C of title II; and
(C) by striking section 502.
(2) The Commodity Distribution Reform Act
and WIC Amendments of 1987 (7 U.S.C. 612c note)
is amended by striking section 4.
(3) The Charitable Assistance and Food Bank
Act of 1987 (7 U.S.C. 612c note) is amended by
striking section 3.
(4) The Food Security Act of 1985 (7 U.S.C.
612c note) is amended—
206
(A) by striking section 1571; and
(B) in section 1562(d), by striking ‘‘sec-
tion 4 of the Agricultural and Consumer Pro-
tection Act of 1973’’ and inserting ‘‘section 110
of the Commodity Distribution Act of 1995’’.
(5) The Agricultural and Consumer Protection
Act of 1973 (7 U.S.C. 612c note) is amended—
(A) in section 4(a), by striking ‘‘institu-
tions (including hospitals and facilities caring
for needy infants and children), supplemental
feeding programs serving women, infants and
children or elderly persons, or both, wherever
located, disaster areas, summer camps for chil-
dren’’ and inserting ‘‘disaster areas’’;
(B) in subsection 4(c), by striking ‘‘the
Emergency Food Assistance Act of 1983’’ and
inserting ‘‘the Commodity Distribution Act of
1995’’; and
(C) by striking section 5.
(6) The Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 612c note) is amended
by striking section 1773(f).
207
Subtitle B—Simplification and
Reform of Food Stamp Program
SEC. 531. SHORT TITLE.
This subtitle may be cited as the ‘‘Food Stamp Sim-
plification and Reform Act of 1995’’.
CHAPTER
1—SIMPLIFIED
FOOD
STAMP
PROGRAM
AND
STATE
ASSISTANCE
FOR NEEDY FAMILIES
SEC. 541. ESTABLISHMENT OF SIMPLIFIED FOOD STAMP
PROGRAM.
Section 4(a) of the Food Stamp Act of 1977 (7
U.S.C. 2013(a)) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and
(3) by adding at the end the following new
paragraph:
‘‘(2) At the request of the State agency, a State may
operate a program, as provided in section 24, within the
State or any political subdivisions within the State in
which households with one or more members receiving reg-
ular cash benefits under the program established by the
State under the Temporary Assistance for Needy Families
Block Grant will be issued food stamp benefits in accord-
ance with the rules and procedures established—
‘‘(A) by the State under the Temporary Assist-
ance for Needy Families Block Grant or this Act; or
208
‘‘(B) under the food stamp program.’’.
SEC. 542. SIMPLIFIED FOOD STAMP PROGRAM.
(a) The Food Stamp Act of 1977 (7 U.S.C. 2011 et
seq.) is amended by adding the following new section:
‘‘SEC. 24. SIMPLIFIED FOOD STAMP PROGRAM.
‘‘(a) If a State elects to operate a program under sec-
tion 4(a)(2) within the State or any political subdivision
within the State—
‘‘(1) households in which all members receive
regular cash benefits under the program established
by the State under the Temporary Assistance for
Needy Families Block Grant shall be automatically
eligible to participate in the food stamp program;
and
‘‘(2) benefits under such program shall be de-
termined under the rules and procedures established
by the State or political subdivision under the Tem-
porary Assistance for Needy Families Block Grant
or under the food stamp program, subject to sub-
section (g).
‘‘(b) In approving a State plan to carry out a pro-
gram under section 4(a)(2), the Secretary shall certify
that the average level of food stamp benefits per household
participating in the program under such section for the
State or political subdivision in which such program is in
209
operation is not expected to exceed the average level of
food stamp benefits per household that received benefits
under the program established by a State under part A
of title IV of the Social Security Act (42 U.S.C. 601 et
seq.) in such area in the preceding fiscal year, adjusted
for any changes in the thrifty food plan under section 3(o).
The Secretary shall compute the permissible average level
of food stamp benefits per household each year for each
State or political subdivision in which such program is in
operation and may require a State to report any informa-
tion necessary to make such computation.
‘‘(c) When the Secretary determines that the average
level of food stamp benefits per household provided by the
State or political subdivision under such program has ex-
ceeded the permissible average level of food stamp benefits
per household for the State or political subdivision in
which the program was in operation, the State or political
subdivision shall pay to the Treasury of the United States
the value of the food stamp benefits in excess of the per-
missible average level of food stamp benefits per household
in the State or political subdivision within 90 days after
the notification of such excess payments.
‘‘(d)(1) A household against which a penalty is im-
posed (including a reduction in benefits or disqualifica-
tion) for noncompliance with the program established by
210
the State under the Temporary Assistance for Needy
Families Block Grant may have the same penalty imposed
against it (including a reduction in benefits or disqualifica-
tion) in the program administered under this section.
‘‘(2) If the penalty for noncompliance with the pro-
gram established by the State under the Temporary As-
sistance for Needy Families block grant is a reduction in
benefits in such program, the household shall not receive
an increased allotment under the program administered
under this section as a result of a decrease in the house-
hold’s income (as determined by the State under this sec-
tion) caused by such penalty.
‘‘(3) Any household disqualified from the program
administered under this subsection may, after such dis-
qualification period has expired, apply for food stamp ben-
efits under this Act and shall be treated as a new appli-
cant.
‘‘(e) If a State or political subdivision, at its option,
operates a program under section 4(a)(2) for households
that include any member who does not receive regular
cash benefits under the program established by the State
under the Temporary Assistance for Needy Families Block
Grant, the Secretary shall ensure that the State plan pro-
vides that household eligibility shall be determined under
this Act, benefits may be determined under the rules and
211
procedures established by the State under the Temporary
Assistance for Needy Families Block Grant or this Act,
and benefits provided under this section shall be equitably
distributed among all household members.
‘‘(f)(1) Under the program operated under section
4(a)(2), the State may elect to provide cash assistance in
lieu of allotments to all households that include a member
who is employed and whose employment produces for the
benefit of the member’s household income that satisfies
the requirements of paragraph (2).
‘‘(2) The State, in electing to provide cash assistance
under paragraph (1), at a minimum shall require that
such earned income is—
‘‘(A) not less that $350 per month;
‘‘(B) earned from employment provided by a
nongovernmental employer, as determined by the
State; and
‘‘(C) received from the same employer for a pe-
riod of employment of not less than 3 consecutive
months.
‘‘(3) If a State that makes the election described in
paragraph (1) identifies each household that receives cash
assistance under this subsection—
‘‘(A) the Secretary shall pay to the State an
amount equal to the value of the allotment that such
212
household would be eligible to receive under this sec-
tion but for the operation of this subsection;
‘‘(B) the State shall provide such amount to the
household as cash assistance in lieu of such allot-
ment; and
‘‘(C) for purposes of the food stamp program
(other than this section and section 4(a)(2))—
‘‘(i) such cash assistance shall be consid-
ered to be an allotment; and
‘‘(ii) such household shall not receive any
other food stamp benefit for the period for
which such cash assistance is provided.
‘‘(4) A State that makes the election in paragraph
(1) shall—
‘‘(A) increase the cash benefits provided to
households under this subsection to compensate for
any State or local sales tax that may be collected on
purchases of food by any household receiving cash
benefits under this subsection, unless the Secretary
determines on the basis of information provided by
the State that the increase is unnecessary on the
basis of the limited nature of the items subject to
the State or local sales tax; and
‘‘(B) pay the cost of any increase in cash bene-
fits required by paragraph (1).
213
‘‘(5) After a State operates a program under this sub-
section for 2 years, the State shall provide to the Secretary
a written evaluation of the impact of cash assistance.
‘‘(g) In operating a program under section 4(a)(2),
the State or political subdivision may follow the rules and
procedures established by the State or political subdivision
under the Temporary Assistance for Needy Families Block
Grant or under the food stamp program, except that the
State or political subdivision shall comply with the require-
ments of—
‘‘(1) subsections (a) through (g) of section 7
(relating to the issuance and use of coupons);
‘‘(2) section 8(a) (relating to the value of allot-
ments, except that a household’s income may be de-
termined under the program established by the State
under the Temporary Assistance for Needy Families
Block Grant);
‘‘(3) section 8(b) (allotment not considered in-
come or resources);
‘‘(4) subsections (a), (c), (d), and (n) of section
11 (relating to administration);
‘‘(5) paragraphs (8), (12), (17), (19), (21),
(26), and (27) of section 11(e) (relating to the State
plan);
214
‘‘(6) section 11(e)(10) (relating to a fair hear-
ing) or a comparable requirement established by the
State under the Temporary Assistance for Needy
Families Block Grant; and
‘‘(7) section 16 (relating to administrative cost-
sharing and quality control).’’.
(b) Section 11(e) of the Food Stamp Act of 1977 (7
U.S.C. 2020(e)) is amended—
(1) in paragraph (24), by striking ‘‘and’’ at the
end;
(2) in paragraph (25), by striking the period at
the end and inserting ‘‘; and’’; and
(3) by adding at the end the following new
paragraph:
‘‘(26) the plans of the State agency for operat-
ing, at the election of the State, a program under
section 4(a)(2), including—
‘‘(A) the rules and procedures to be fol-
lowed by the State to determine food stamp
benefits;
‘‘(B) a statement specifying whether the
program operated by the State under section
4(a)(2) will include households that include
members who do not receive regular cash bene-
fits under the program established by the State
215
under the Temporary Assistance for Needy
Families Block Grant; and
‘‘(C) a description of the method by which
the State or political subdivision will carry out
a quality control system under section 16(c).’’.
SEC. 543. CONFORMING AMENDMENTS.
(a) Section 8 of the Food Stamp Act of 1977 (7
U.S.C. 2017) is amended by striking subsection (e).
(b) Section 17 of the Food Stamp Act of 1977 (7
U.S.C. 2026) is amended—
(1) by striking subsection (i); and
(2) by redesignating subsections (j), (k), and (l)
as subsections (i), (j), and (k), respectively.
CHAPTER 2—FOOD STAMP PROGRAM
SEC. 551. THRIFTY FOOD PLAN.
Section 3(o) of the Food Stamp Act of 1977 (7
U.S.C. 2012(o)) is amended by striking ‘‘(4) through Jan-
uary 1, 1980, adjust the cost of such diet every January
1 and July 1’’ and all that follows through the end of the
subsection, and inserting the following: ‘‘(4) on October
1, 1995, adjust the cost of the thrifty food plan to reflect
103 percent of the cost of the thrifty food plan in June
1994 and increase such amount by 2 percent, rounding
the result to the nearest lower dollar increment for each
household size, and (5) on October 1, 1996, and each Oc-
216
tober 1 thereafter, increase the amount established for the
preceding October 1, before such amount was rounded, by
2 percent, rounding the result to the nearest lower dollar
increment for each household size.’’.
SEC. 552. INCOME DEDUCTIONS AND ENERGY ASSISTANCE.
(a) Section 5(d)(11) of the Food Stamp Act of 1977
(7 U.S.C. 2014(d)(11)) is amended—
(1) by striking ‘‘(A)’’; and
(2) by striking ‘‘or (B) under any State or local
laws,’’ and all that follows through ‘‘or impracticable
to do so,’’.
(b) Section 5(e) of the Food Stamp Act of 1977 (7
U.S.C. 2014(e)) is amended to read as follows:
‘‘(e)(1) DEDUCTIONS FOR STANDARD AND EARNED
INCOME.—
‘‘(A) In computing household income, the Sec-
retary shall allow a standard deduction of $134 a
month for each household, except that households in
Alaska, Hawaii, Guam, and the Virgin Islands of the
United States shall be allowed a standard deduction
of $229, $189, $269, and $118, respectively.
‘‘(B) All households with earned income shall
also be allowed an additional deduction of 20 per-
cent of all earned income (other than that excluded
by subsection (d) of this section and that earned
217
under section 16(j)), to compensate for taxes, other
mandatory deductions from salary, and work ex-
penses, except that such additional deduction shall
not be allowed with respect to earned income that a
household willfully or fraudulently fails (as proven in
a proceeding provided for in section 6(b)) to report
in a timely manner.
‘‘(2) DEPENDENT CARE DEDUCTION.—The Sec-
retary shall allow households a deduction with respect to
expenses other than expenses paid on behalf of the house-
hold by a third party or amounts made available and ex-
cluded for the expenses under subsection (d)(3), the maxi-
mum allowable level of which shall be $200 a month for
each dependent child under 2 years of age and $175 a
month for each other dependent, for the actual cost of
payments necessary for the care of a dependent when such
care enables a household member to accept or continue
employment, or training or education which is preparatory
for employment.
‘‘(3) EXCESS SHELTER EXPENSE DEDUCTION.—
‘‘(A) The Secretary shall allow households,
other than those households containing an elderly or
disabled member, with respect to expenses other
than expenses paid on behalf of the household by a
third party, an excess shelter expense deduction to
218
the extent that the monthly amount expended by a
household for shelter exceeds an amount equal to 50
percent of monthly household income after all other
applicable deductions have been allowed.
‘‘(B) Such excess shelter expense deduction
shall not exceed $231 a month in the 48 contiguous
States and the District of Columbia, and shall not
exceed, in Alaska, Hawaii, Guam, and the Virgin Is-
lands of the United States, $402, $330, $280, and
$171 a month, respectively.
‘‘(C)(i) Notwithstanding section 2605(f) of the
Low-Income Home Energy Assistance Act of 1981
(42 U.S.C. 8624(f)), a household may not claim as
a shelter expense any payment received, or costs
paid on its behalf, under the Low-Income Home En-
ergy Assistance Act of 1981 (42 U.S.C. 8621 et
seq.).
‘‘(ii) Notwithstanding section 2605(f) of the
Low-Income Home Energy Assistance Act of 1981
(42 U.S.C. 8624(f)), a State agency may use a
standard utility allowance as provided under sub-
paragraph (D) for heating and cooling expenses only
if the household incurs out-of-pocket heating or cool-
ing expenses in excess of any payment received, or
costs paid on its behalf, under the Low-Income
219
Home Energy Assistance Act of 1981 (42 U.S.C.
8621 et seq.).
‘‘(iii) For purposes of the food stamp program,
assistance provided under the Low-Income Home
Energy Assistance Act of 1981 shall be considered
to be prorated over the entire heating or cooling sea-
son for which it was provided.
‘‘(iv) At the end of any certification period and
up to one additional time during each twelve-month
period, a State agency shall allow a household to
switch between any standard utility allowance and a
deduction based on its actual utility costs.
‘‘(D)(i) In computing the excess shelter expense
deduction, a State agency may use a standard utility
allowance in accordance with regulations promul-
gated by the Secretary, except that a State agency
may use an allowance which does not fluctuate with-
in a year to reflect seasonal variations.
‘‘(ii) An allowance for a heating or cooling ex-
pense may not be used for a household that does not
incur a heating or cooling expense, as the case may
be, or does incur a heating or cooling expense but
is located in a public housing unit which has central
utility meters and charges households, with regard
to such expense, only for excess utility costs.
220
‘‘(iii) No such allowance may be used for a
household that shares such expense with, and lives
with, another individual not participating in the food
stamp program, another household participating in
the food stamp program, or both, unless the allow-
ance is prorated between the household and the
other individual, household, or both.
‘‘(4)
HOMELESS
SHELTER
DEDUCTION.—(A)
A
State shall develop a standard homeless shelter deduction,
which shall not exceed $139 a month, for the expenses
that may reasonably be expected to be incurred by house-
holds in which all members are homeless but are not re-
ceiving free shelter throughout the month. Subject to sub-
paragraph (B), the State shall use such deduction in de-
termining eligibility and allotments for such households.
‘‘(B) The Secretary may prohibit the use of the
standard homeless shelter deduction for households with
extremely low shelter costs.
‘‘(5) ELDERLY AND DISABLED HOUSEHOLDS.—
‘‘(A) The Secretary shall allow households con-
taining an elderly or disabled member, with respect
to expenses other than expenses paid on behalf of
the household by a third party—
‘‘(i) an excess medical expense deduction
for that portion of the actual cost of allowable
221
medical expenses, incurred by elderly or dis-
abled members, exclusive of special diets, that
exceed $35 a month; and
‘‘(ii) an excess shelter expense deduction to
the extent that the monthly amount expended
by a household for shelter exceeds an amount
equal to 50 percent of monthly household in-
come after all other applicable deductions have
been allowed.
‘‘(B) State agencies shall offer eligible house-
holds a method of claiming a deduction for recurring
medical expenses that are initially verified under the
excess medical expense deduction provided for in
subparagraph (A), in lieu of submitting information
or verification on actual expenses on a monthly
basis. The method described in the preceding sen-
tence shall be designed to minimize the administra-
tive burden for eligible elderly and disabled house-
hold members choosing to deduct their recurrent
medical expenses pursuant to such method, shall rely
on reasonable estimates of the member’s expected
medical expenses for the certification period (includ-
ing changes that can be reasonably anticipated
based on available information about the member’s
medical condition, public or private medical insur-
222
ance coverage, and the current verified medical ex-
penses incurred by the member), and shall not re-
quire further reporting or verification of a change in
medical expenses if such a change has been antici-
pated for the certification period.
‘‘(6) CHILD SUPPORT DEDUCTION.—Before deter-
mining the excess shelter expense deduction, the Secretary
shall allow all households a deduction for child support
payments made by a household member to or for an indi-
vidual who is not a member of the household if such house-
hold member was legally obligated to make such payments,
except that the Secretary is authorized to prescribe by reg-
ulation the methods, including calculation on a retrospec-
tive basis, that State agencies shall use to determine the
amount of the deduction for child support payments.’’.
(c) Section 11(e)(3) of the Food Stamp Act of 1977
(7 U.S.C. 2020(e)(3)) is amended by striking ‘‘Under the
rules prescribed by the Secretary, a State agency shall de-
velop standard estimates’’ and all that follows through the
end of the paragraph.
SEC. 553. VEHICLE ALLOWANCE.
Section 5(g)(2) of the Food Stamp Act of 1977 (7
U.S.C. 2014(g)(2)) is amended by striking ‘‘a level set by
the Secretary, which shall be $4,500 through August 31,
223
1994,’’ and all that follows through the end of the para-
graph, and inserting ‘‘$4,550.’’.
SEC. 554. WORK REQUIREMENTS.
(a) Section 6(d) of the Food Stamp Act of 1977 (7
U.S.C. 2015(d)) is amended—
(1) in paragraph (1)(A)(ii), by striking ‘‘an em-
ployment and training program under paragraph
(4), to the extent required under paragraph (4), in-
cluding any reasonable employment requirements as
are prescribed by the State agency in accordance
with paragraph (4)’’ and inserting ‘‘a State job
search program’’;
(2) in paragraph (2)(A)—
(A) by striking ‘‘title IV of the Social Se-
curity Act (42 U.S.C. 602)’’ and inserting ‘‘the
program established by the State under the
Temporary
Assistance
for
Needy
Families
Block Grant’’; and
(B) by striking ‘‘that is comparable to a
requirement of paragraph (1)’’; and
(3) by amending paragraph (4) to read as fol-
lows:
‘‘(4)(A) Except as provided in subparagraphs (B),
(C), and (D), an individual shall not be denied initial eligi-
bility but shall be disqualified from the food stamp pro-
224
gram if after 90 days from the certification of eligibility
of such individual the individual was not employed a mini-
mum of 20 hours per week, or does not participate in a
program established under section 20 or a comparable
program established by the State or local government.
‘‘(B) Subparagraph (A) shall not apply in the case
of an individual who—
‘‘(i) is under eighteen or over fifty years of age;
‘‘(ii) is certified by a physician as physically or
mentally unfit for employment;
‘‘(iii) is a parent or other member of a house-
hold with responsibility for the care of a dependent;
‘‘(iv) is participating a minimum of 20 hours
per week and is in compliance with the requirements
of—
‘‘(I) a program under the Job Training
Partnership Act (29 U.S.C. 1501 et seq.);
‘‘(II) a program under section 236 of the
Trade Act of 1974 (19 U.S.C. 2296); or
‘‘(III) a program of employment or train-
ing operated or supervised by an agency of
State or local government which meets stand-
ards deemed appropriate by the Governor; or
‘‘(v) would otherwise be exempt under sub-
section (d)(2).
225
‘‘(C) Upon request of the State, the Secretary may
waive the requirements of subparagraph (A) in the case
of some or all individuals within all or part of the State
if the Secretary makes a determination that such area—
‘‘(i) has an unemployment rate of over 10 per-
cent; or
‘‘(ii) does not have a sufficient number of jobs
to provide employment for individuals subject to this
paragraph. The Secretary shall report to the Com-
mittee on Agriculture of the House of Representa-
tives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate on the basis on which
the Secretary made such a decision.
‘‘(D) An individual who has been disqualified from
the food stamp program under subparagraph (A) may re-
establish eligibility for assistance if such person becomes
exempt under subparagraph (B) or by—
‘‘(i) becoming employed for a minimum of 20
hours per week during any consecutive thirty-day pe-
riod; or
‘‘(ii) participating in a program established
under section 20 or a comparable program estab-
lished by the State or local government.’’.
(b) Section 16 of the Food Stamp Act of 1977 (7
U.S.C. 2025) is amended—
226
(1) by striking subsection (h); and
(2) by redesignating subsections (i) and (j) as
subsections (h) and (i), respectively.
(c) Section 17 of the Food Stamp Act of 1977 (7
U.S.C. 2026), as amended by section 543(b), is amend-
ed—
(1) by striking subsection (d); and
(2) by redesignating subsections (e) through (k)
as subsections (d) through (j), respectively.
(d) Section 20 of the Food Stamp Act of 1977 (7
U.S.C. 2029) is amended to read as follows:
‘‘SEC. 20. (a)(1) The Secretary shall permit a State
that applies and submits a plan in compliance with guide-
lines promulgated by the Secretary to operate a program
within the State or any political subdivision within the
State, under which persons who are required to work
under section 6(d)(4) may accept an offer from the State
or political subdivision to perform work on its behalf, or
on behalf of a private nonprofit entity designated by the
State or political subdivision, in order to continue to qual-
ify for benefits after they have initially been judged eligi-
ble.
‘‘(2) The Secretary shall promulgate guidelines pur-
suant to paragraph (1) which, to the maximum extent
practicable, enable a State or political subdivision to de-
227
sign and operate a program that is compatible and consist-
ent with similar programs operated by the State or politi-
cal subdivision.
‘‘(b) To be approved by the Secretary, a program
shall provide that participants work, in return for com-
pensation consisting of the allotment to which the house-
hold is entitled under section 8(a), with each hour of such
work entitling that household to a portion of its allotment
equal in value to 100 percent of the higher of the applica-
ble State minimum wage or the Federal minimum hourly
rate under the Fair Labor Standards Act of 1938.
‘‘(c) No State or political subdivision that receives
funds provided under this section shall replace any em-
ployed worker with an individual who is participating in
a program under this section for the purposes of comply-
ing with section 6(d)(4). Such an individual may be placed
in any position offered by the State or political subdivision
that—
‘‘(1) is a new position;
‘‘(2) is a position that became available in the
normal course of conducting the business of the
State or political subdivision;
‘‘(3) involves performing work that would other-
wise be performed on an overtime basis by a worker
228
who is not an individual participating in such pro-
gram; or
‘‘(4) that is a position which became available
by shifting a current employee to an alternate posi-
tion.
‘‘(d) The Secretary shall allocate among the States
or political subdivisions in each fiscal year, from funds ap-
propriated for the fiscal year under section 18(a)(1), the
amount of $75,000,000 to assist in carrying out the pro-
gram under this section during the fiscal year.
‘‘(e)(1) In making the allocation required under sub-
section (d), the Secretary shall allocate to each State oper-
ating a program under this section that percentage of the
total funds allocated under subsection (d) which equals the
estimate of the Secretary of the percentage of participants
who are required to work under section 6(d)(4) that reside
in such State.
‘‘(2) The State shall promptly notify the Secretary
if such State determines that it will not expend the funds
allocated it under paragraph (1) and the Secretary shall
reallocate such funds as the Secretary deems appropriate
and equitable.
‘‘(f) Notwithstanding subsection (d), the Secretary
shall ensure that each State operating a program under
this section is allocated at least $50,000 by reducing, to
229
the extent necessary, the funds allocated to those States
allocated more than $50,000.
‘‘(g) If, in carrying out such program during such
fiscal year, a State or political subdivision incurs costs
that exceed the amount allocated to the State agency
under subsection (d)—
‘‘(1) the Secretary shall pay such State agency
an amount equal to 50 percent of such additional
costs, subject to the first limitation in paragraph
(2); and
‘‘(2) the Secretary shall also reimburse each
State agency in an amount equal to 50 percent of
the total amount of payments made or costs in-
curred by the State or political subdivision in con-
nection with transportation costs and other expenses
reasonably necessary and directly related to partici-
pation in a program under this section, except that
such total amount shall not exceed an amount rep-
resenting $25 per participant per month for costs of
transportation and other actual costs and such reim-
bursement shall not be made out of funds allocated
under subsection (d).
‘‘(h) The Secretary may suspend or cancel some or
all of these payments, or may withdraw approval from a
State or political subdivision to operate a program, upon
230
a finding that the State or political subdivision has failed
to comply with the requirements of this section.’’.
(e) Section 7(i)(6) of the Food Stamp Act of 1977
(7 U.S.C. 2016(i)(6)) is amended by striking ‘‘section
17(f)’’ and inserting ‘‘section 17(e)’’.
SEC.
555.
COMPARABLE
TREATMENT
OF
DISQUALIFIED
INDIVIDUALS.
Section 6 of the Food Stamp Act of 1977 (7 U.S.C.
2015) is amended by adding at the end the following new
subsection:
‘‘(i) An individual who is a member of a household
who would otherwise be eligible to participate in the food
stamp program under this section and who has been dis-
qualified for noncompliance with program requirements
from the program established by the State under part A
of title IV of the Social Security Act (42 U.S.C. 601 et
seq.) shall not be eligible to participate in the food stamp
program during the period such disqualification is in
effect.’’.
SEC. 556. ENCOURAGE ELECTRONIC BENEFIT TRANSFER
SYSTEMS.
(a) Section 7(i) of the Food Stamp Act of 1977 (7
U.S.C. 2016(i)) is amended—
(1) by amending paragraph (1) to read as
follows:
231
‘‘(1)(A) State agencies are encouraged to implement
an on-line electronic benefit transfer system in which
household benefits determined under section 8(a) or sec-
tion 24 are issued from and stored in a central data bank
and electronically accessed by household members at the
point-of-sale.
‘‘(B) Subject to paragraph (2), a State is authorized
to procure and implement an on-line electronic benefit
transfer system under the terms, conditions, and design
that the State deems appropriate, except that each elec-
tronic benefit transfer card shall bear a photograph of the
members of the household to which such card is issued.
‘‘(C) Upon request of a State, the Secretary may
waive any provision of this Act prohibiting the effective
implementation of an electronic benefit transfer system
under this subsection.’’;
(2) in paragraph (2)—
(A) by striking ‘‘effective no later than
April 1, 1992,’’;
(B) by striking ‘‘the approval of’’;
(C) in subparagraph (A) by striking ‘‘, in
any 1 year,’’; and
(D) by amending subparagraph (D) to
read as follows:
232
‘‘(D)(i) measures to maximize the security of
such system using the most recent technology avail-
able that the State considers appropriate and cost-
effective and which may include (but is not limited
to) personal identification numbers (PIN), photo-
graphic identification on electronic benefit transfer
cards, and other measures to protect against fraud
and abuse; and
‘‘(ii) effective not later than 2 years after the
date of the enactment of the Personal Responsibility
Act of 1995, measures that permit such system to
differentiate items of food that may be acquired with
an allotment from items of food that may not be ac-
quired with an allotment.’’; and
(3) in paragraph (3), by striking ‘‘the Secretary
shall not approve such a system unless—’’ and in-
serting ‘‘such system shall provide that—’’.
(b) The Food Stamp Act of 1977 (7 U.S.C. 2011 et
seq.), as amended by section 542(a), is amended by adding
at the end the following new section:
‘‘SEC.
25.
ENCOURAGEMENT
OF
ELECTRONIC
BENEFIT
TRANSFER SYSTEMS.
‘‘(a) Upon fully implementing an electronic benefit
transfer system which operates in the entire State, a State
may, subject to the provisions of this section, elect to re-
233
ceive a grant for any fiscal year to operate a low-income
nutrition assistance program in such fiscal year in lieu of
the food stamp program.
‘‘(b)(1) A State that meets the requirements of this
section and elects to operate such program, shall receive
each fiscal year under this section the sum of—
‘‘(A)(i) the total dollar value of all benefits is-
sued under the food stamp program by the State
during fiscal year 1994; or
‘‘(ii) the average per fiscal year of the total dol-
lar value of all benefits issued under the food stamp
program by the State during fiscal years 1992
through 1994; and
‘‘(B)(i) the total amount received by the State
for administrative costs under section 16(a) for fis-
cal year 1994; or
‘‘(ii) the average per fiscal year of the total
amount received by the State for administrative
costs under section 16(a) for fiscal years 1992
through 1994.
‘‘(2) Upon approval by the Secretary of the plan sub-
mitted by a State under subsection (c), the Secretary shall
pay to the State at such times and in such manner as
the Secretary may determine, the amount to which the
State is eligible under subsection (b)(1).
234
‘‘(c) To be eligible to operate a low-income nutrition
assistance program under this section, a State shall sub-
mit for approval each fiscal year a plan of operation speci-
fying the manner in which such a program will be con-
ducted by the State. Such plan shall—
‘‘(1) certify that the State has implemented a
state-wide electronic benefit transfer system in ac-
cordance with section 7(i);
‘‘(2) designate a single State agency responsible
for the administration of the low-income nutrition
assistance program under this section;
‘‘(3) assess the food and nutrition needs of
needy persons residing in the State;
‘‘(4) limit the assistance to be provided under
this section to the purchase of food;
‘‘(5) describe the persons to whom such assist-
ance will be provided;
‘‘(6) assure the Secretary that assistance will be
provided to the most needy persons in the State and
that applicants for assistance shall have adequate
notice and fair hearings comparable to those re-
quired under section 11;
‘‘(7) provide that, in the operation of the low-
income nutrition assistance program, there shall be
235
no discrimination on the basis of race, sex, religion,
national origin, or political beliefs; and
‘‘(8) include other information as may be re-
quired by the Secretary.
‘‘(d) Payments made under this section to the State
may be expended only in the fiscal year for which such
payments are distributed, except that the State may re-
serve up to 5 percent of the grant received for a fiscal
year to provide assistance under this section in subsequent
fiscal years: Provided, That such reserved funds may not
total more than 20 percent of the total grant received
under this section for a fiscal year.
‘‘(e) The State agency shall keep records concerning
the operation of the program carried out under this sec-
tion and shall make such records available to the Secretary
and the Comptroller General of the United States.
‘‘(f) If the Secretary finds that there is substantial
failure by a State to comply with the requirements of this
section, regulations issued pursuant to this section, or the
plan approved under subsection (c), then the Secretary
shall take one or more of the following actions:
‘‘(1) Suspend all or part of such payment au-
thorized by subsection (b)(2) to be made available to
such State, until the Secretary determines the State
236
to be in substantial compliance with such require-
ments.
‘‘(2) Withhold all or part of such payments
until the Secretary determines that there is no
longer failure to comply with such requirements, at
which time the withheld payment may be paid.
‘‘(3) Terminate the authority of the State to
operate the low-income nutrition assistance program.
‘‘(g)(1) States which receive grants under this section
shall provide for—
‘‘(A) a biennial audit, conducted in accordance
with the standards of the Comptroller General, of
expenditures for the provision of nutrition assistance
under this section; and
‘‘(B) not later than 120 days after the end of
each fiscal year in which an audit is conducted, pro-
vide the Secretary with such audit.
States shall make the report of such audit available for
public inspection.
‘‘(2) Not later than 120 days after the end of the
fiscal year for which a State receives a grant under this
section, such State shall prepare an activities report com-
paring actual expenditures for such fiscal year for nutri-
tion assistance under this section with the expenditures
for such fiscal year predicted in the plan submitted in ac-
237
cordance with subsection (c). Such State shall make the
activities report available for public inspection.
‘‘(h) Whoever knowingly and willfully embezzles,
misapplies, steals, or obtains by fraud, false statement, or
forgery, any funds, assets, or property provided or fi-
nanced under this section shall be fined not more than
$10,000 or imprisoned for not more than 5 years, or
both.’’.
SEC. 557. VALUE OF MINIMUM ALLOTMENT.
Section 8(a) of the Food Stamp Act of 1977 (7
U.S.C. 2017(a)) is amended by striking ‘‘, and shall be
adjusted on each October 1’’ and all that follows through
the end of such subsection, and inserting a period.
SEC. 558. INITIAL MONTH BENEFIT DETERMINATION.
Section 8(c)(2)(B) of the Food Stamp Act of 1977
(7 U.S.C. 2017(c)(2)(B)) is amended by striking ‘‘of more
than one month’’ after ‘‘following any period’’.
SEC. 559. IMPROVING FOOD STAMP PROGRAM MANAGE-
MENT.
(a) Section 13(a)(1) of the Food Stamp Act of 1977
(7 U.S.C. 2022(a)(1)) is amended—
(1) in the fifth sentence, by inserting ‘‘(after a
determination on any request for a waiver for good
cause related to the claim has been made by the Sec-
retary)’’ after ‘‘bill for collection’’; and
238
(2) in the sixth sentence, by striking ‘‘1 year’’
and inserting ‘‘2 years’’.
(b) Section 16(c) of the Food Stamp Act of 1977 (7
U.S.C. 2025(c)) is amended—
(1) in paragraph (1)(C)—
(A)
by
striking
‘‘national
performance
measure’’ and inserting ‘‘payment error toler-
ance level’’; and
(B) by striking ‘‘equal to—’’ and all that
follows through the period at the end and in-
serting the following:
‘‘equal to its payment error rate less such tolerance
level times the total value of allotments issued in
such a fiscal year by such State agency. The amount
of liability shall not be affected by corrective action
under subparagraph (B).’’;
(2) in paragraph (3)(A), by striking ‘‘120 days’’
and inserting ‘‘60 days (or 90 days at the discretion
of the Secretary)’’;
(3) in the last sentence of paragraph (6), by in-
serting ‘‘shall be used to establish a payment-error
tolerance level. Such tolerance level for any fiscal
year will be one percentage point added to the lowest
national performance measure ever announced up to
and including such fiscal year under this section.
239
The payment-error tolerance level’’ after ‘‘The an-
nounced national performance measure’’; and
(4) by striking paragraphs (8) and (9).
SEC. 560. WORK SUPPLEMENTATION OR SUPPORT PRO-
GRAM.
(a) Section 11(e) of the Food Stamp Act of 1977 (7
U.S.C. 2020(e)), as amended by section 542(b), is amend-
ed—
(1) in paragraph (25), by striking ‘‘and’’;
(2) in paragraph (26), by striking the period
and inserting ‘‘; and’’ at the end; and
(3) by adding at the end the following new
paragraph:
‘‘(27) the plans of the State agency for includ-
ing
eligible
food
stamp
recipients
in
a
work
supplementation or support program under section
16(j).’’.
(b) Section 16 of the Food Stamp Act of 1977 (7
U.S.C. 2025), as amended by section 554(b), is amended
by adding at the end the following new subsection:
‘‘(j) WORK SUPPLEMENTATION OR SUPPORT PRO-
GRAM.—
‘‘(1) A State may elect to use the sums equal
to the food stamp benefits that would otherwise be
allotted to participants under the food stamp pro-
240
gram but for the operation of this subsection for the
purposes of providing and subsidizing or supporting
jobs under a work supplementation or support pro-
gram established by the State.
‘‘(2) If a State that makes the election de-
scribed in paragraph (1) identifies each household
that participates in the food stamp program which
contains an individual who is participating in such
work supplementation or support program—
‘‘(A) the Secretary shall pay to the State
an amount equal to the value of the allotment
that the household would be eligible to receive
but for the operation of this subsection;
‘‘(B) the State shall expend such amount
in accordance with its work supplementation or
support program in lieu of the allotment that
the household would receive but for the oper-
ation of this subsection;
‘‘(C) for purposes of—
‘‘(i) sections 5 and 8(a), the amount
received under this subsection shall be ex-
cluded from household income and re-
sources; and
‘‘(ii) section 8(b), the amount received
under this subsection shall be considered
241
as the value of an allotment provided to
the household; and
‘‘(D) the household shall not receive an al-
lotment from the State agency for the period
during which the member continues to partici-
pate in the work supplementation program.
‘‘(3) No person shall be excused by reason of
the fact that such State has a work supplementation
or support program from any work requirement
under section 6(d), except during the periods in
which such individual is employed under such work
supplementation or support program.
‘‘(4) For purposes of this subsection, the term
‘‘work supplementation or support program’’ shall
mean a program in which, as determined by the Sec-
retary, public assistance, including any benefits pro-
vided under a program established by the State and
the food stamp program, is provided to an employer
to be used for hiring a public assistance recipient.’’.
SEC. 561. OBLIGATIONS AND ALLOTMENTS.
Section 18 of the Food Stamp Act of 1977 (7 U.S.C.
2027) is amended—
(1) in subsection (a)—
(A) in paragraph (1)—
242
(i) by striking ‘‘are authorized to be
appropriated such sums as are necessary
for each of the fiscal years 1991 through
1995’’ and inserting the following:
‘‘is provided to be obligated, not in excess of the cost esti-
mate made by the Congressional Budget Office for this
Act, as amended by the Personal Responsibility Act of
1995, for the fiscal year ending September 30, 1996, with
adjustments for any estimates of total obligations for addi-
tional fiscal years made by the Congressional Budget Of-
fice to reflect the provisions contained in the Personal Re-
sponsibility Act of 1995’’;
(ii) by striking ‘‘In each monthly re-
port, the Secretary shall also state’’ and
inserting ‘‘Also, the Secretary shall file a
report every February 15, April 15, and
July 15, stating’’; and
(iii) by striking ‘‘supplemental appro-
priations’’
and
inserting
‘‘additional
obligational authority’’; and
(B) in paragraph (2), by striking ‘‘author-
ized to be appropriated’’ and inserting ‘‘obli-
gated’’;
(2) in subsection (b)—
243
(A) in the first sentence, by striking ‘‘ap-
propriation’’ and inserting ‘‘total obligations
limitation provided’’; and
(B) in the second sentence, by striking
‘‘appropriation’’
and
inserting
‘‘obligational
amount provided in subsection (a)(1)’’;
(3) in subsection (c)—
(A) by inserting ‘‘or under section 24’’
after ‘‘under sections 5(d) and 5(e)’’;
(B) by inserting ‘‘or under section 24’’
after ‘‘under section 5(c)’’;
(C) by striking ‘‘and’’ after ‘‘or otherwise
disabled’’; and
(D) by inserting before the period at the
end ‘‘, and (3) adequate and appropriate rec-
ommendations on how to equitably achieve such
reductions’’; and
(4) in subsection (f), by striking ‘‘No funds ap-
propriated’’ and inserting ‘‘None of the funds obli-
gated’’.
244
CHAPTER 3—PROGRAM INTEGRITY
SEC.
571.
AUTHORITY
TO
ESTABLISH
AUTHORIZATION
PERIODS.
Section 9(a)(1) of the Food Stamp Act of 1977 (7
U.S.C. 2018(a)(1)) is amended by adding at the end the
following new sentence:
‘‘The Secretary shall establish specific time periods during
which authorization to accept and redeem coupons, or to
redeem benefits through an electronic benefit transfer sys-
tem, under the food stamp program shall be valid.’’.
SEC. 572. CONDITION PRECEDENT FOR APPROVAL OF RE-
TAIL FOOD STORES AND WHOLESALE FOOD
CONCERNS.
Section 9(a)(1) of the Food Stamp Act of 1977 (7
U.S.C. 2018(a)(1)), as previously amended by this title,
is amended by adding at the end the following new sen-
tence:
‘‘No retail food store or wholesale food concern shall be
approved for participation in the food stamp program un-
less an authorized employee of the Department of Agri-
culture, wherever possible, or an official of the State or
local government designated by the Department of Agri-
culture, has visited such retail food store or wholesale food
concern for the purpose of determining whether such retail
245
food store or wholesale food concern should be so ap-
proved.’’.
SEC. 573. WAITING PERIOD FOR RETAIL FOOD STORES AND
WHOLESALE FOOD CONCERNS THAT ARE DE-
NIED APPROVAL TO ACCEPT COUPONS.
Section 9(d) of the Food Stamp Act of 1977 (7
U.S.C. 2018(d)) is amended by adding at the end the fol-
lowing new sentence:
‘‘Such retail food store or wholesale food concern shall not
submit an application under subsection (a)(1) for six
months from the date of receipt of the notice of denial.’’.
SEC. 574. DISQUALIFICATION OF RETAIL FOOD STORES
AND WHOLESALE FOOD CONCERNS.
Section 12(a) of the Food Stamp Act of 1977 (7
U.S.C. 2021(a)) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(a); and
(2) by inserting the following new paragraph:
‘‘(2) A retail food store or wholesale food concern
that is disqualified from participating in the program
under section 17 of the Child Nutrition Act of 1966 shall
for such period of disqualification also be disqualified from
participating in the food stamp program.’’.
246
SEC. 575. AUTHORITY TO SUSPEND STORES VIOLATING
PROGRAM REQUIREMENTS PENDING ADMIN-
ISTRATIVE AND JUDICIAL REVIEW.
Section 14(a) of the Food Stamp Act of 1977 (7
U.S.C. 2023(a)) is amended by adding at the end the fol-
lowing new sentence:
‘‘Notwithstanding any other provision of law, the perma-
nent disqualification of a retail food store or wholesale
food concern under section 12(b)(3) shall be effective from
the date of receipt of the notice of disqualification.’’.
SEC. 576. CRIMINAL FORFEITURE.
Section 15 of the Food Stamp Act of 1977 (7 U.S.C.
2024) is amended by adding at the end the following new
subsection:
‘‘(h)(1) The court, in imposing sentence on a person
convicted of an offense in violation of subsection (b) or
(c), shall order, in addition to any other sentence imposed
pursuant to this subsection, that the person forfeit to the
United States all property described in paragraph (2).
‘‘(2) All property, real and personal, used in a trans-
action or attempted transaction, to commit, or to facilitate
the commission of, a violation (other than a misdemeanor)
of subsection (b) or (c), or proceeds traceable to a violation
of subsection (b) or (c), is subject to forfeiture to the Unit-
ed States.
247
‘‘(3) No property shall be forfeited under this sub-
section to the extent of an interest of an owner, by reason
of any act or omission established by that owner to have
been committed or omitted without the knowledge or con-
sent of that owner.
‘‘(4) The proceeds from any sale of forfeited property
and any monies forfeited under this subsection shall be
used—
‘‘(A) to reimburse the Department of Justice
for the costs incurred by the Department to initiate
and complete the forfeiture proceeding that caused
the sale that produced such proceeds;
‘‘(B) to reimburse the Department of Agri-
culture Office of Inspector General for any costs it
incurred in the law enforcement effort resulting in
the forfeiture;
‘‘(C) to reimburse any Federal or State law en-
forcement agencies for any costs incurred in the law
enforcement effort resulting in the forfeiture; and
‘‘(D) by the Secretary to carry out the ap-
proval, reauthorization, and compliance investiga-
tions of retail stores under section 9.’’.
SEC. 577. EXPANDED DEFINITION OF ‘‘COUPON’’.
Section 3(d) of the Food Stamp Act of 1977 (7
U.S.C. 2012(d)) is amended by striking ‘‘or type of certifi-
248
cate’’ and inserting ‘‘type of certificate, authorization
cards, cash or checks issued in lieu of coupons, or access
devices, including, but not limited to, electronic benefit
transfer cards or personal identification numbers’’.
SEC.
578.
DOUBLED
PENALTIES
FOR
VIOLATING
FOOD
STAMP PROGRAM REQUIREMENTS.
Section 6(b)(1) of the Food Stamp Act of 1977 (7
U.S.C. 2015(b)(1)) is amended—
(1) in clause (i), by striking ‘‘six months’’ and
inserting ‘‘1 year’’; and
(2) in clause (ii), by striking ‘‘1 year’’ and in-
serting ‘‘2 years’’.
SEC. 579. DISQUALIFICATION OF CONVICTED INDIVIDUALS.
Section 6(b)(1)(iii) of the Food Stamp Act of 1977
(7 U.S.C. 2015(b)(1)(iii)) is amended—
(1) in subclause (II), by striking ‘‘or’’ at the
end;
(2) in subclause (III), by striking the period at
the end and inserting ‘‘; or’’; and
(3) by adding at the end the following new
subclause:
‘‘(IV) a conviction of an offense under sub-
section (a) or (b) of section 15 involving items
referred to in such subsection having a value of
$500 or more.’’.
249
SEC. 580. CLAIMS COLLECTION.
(a) Section 11(e)(8) of the Food Stamp Act of 1977
(7 U.S.C. 2020(e)(8)) is amended by inserting before the
semicolon at the end ‘‘or refunds of Federal taxes as au-
thorized pursuant to section 3720A of title 31 of the Unit-
ed States Code’’.
(b) Section 13(d) of the Act (7 U.S.C. 2022(d)) is
amended—
(1) by striking ‘‘may’’ and inserting ‘‘shall’’;
and
(2) by inserting before the period at the end
‘‘or refunds of Federal taxes as authorized pursuant
to section 3720A of title 31 of the United States
Code’’.
SEC. 581. DENIAL OF FOOD STAMP BENEFITS FOR 10 YEARS
TO INDIVIDUALS FOUND TO HAVE FRAUDU-
LENTLY
MISREPRESENTED
RESIDENCE
IN
ORDER
TO
OBTAIN
BENEFITS
SIMULTA-
NEOUSLY IN 2 OR MORE STATES.
Section 6 of the Food Stamp Act of 1977 (7 U.S.C.
2015) is amended by adding at the end the following:
‘‘(I) An individual shall be ineligible to participate in
the food stamp program as a member of any household
during the 10-year period beginning on the date the indi-
vidual is found by a State to have made, or is convicted
in Federal or State court of having made, a fraudulent
250
statement or representation with respect to the place of
residence of the individual in order to receive benefits si-
multaneously from 2 or more States under the food stamp
program or under programs that are funded under part
A of title IV, title XIX, or benefits in 2 or more States
under the supplemental security income program under
title XVI.’’.
SEC. 582. DISQUALIFICATION RELATING TO CHILD SUP-
PORT ARREARS.
Section 6 of the Food Stamp Act of 1977 (7 U.S.C.
2015) is amended by adding at the end the following:
‘‘(i) No individual is eligible to participate in the food
stamp program as a member of any household during any
period such individual has any unpaid liability that is
both—
‘‘(1) under a court order for the support of a
child of such individual; and
‘‘(2) for which the court is not allowing such in-
dividual to delay payment.’’.
SEC. 583. ELIMINATION OF FOOD STAMP BENEFITS WITH
RESPECT TO FUGITIVE FELONS AND PROBA-
TION AND PAROLE VIOLATORS.
(a) INELIGIBILITY FOR FOOD STAMPS.—Section 6 of
the Food Stamp Act of 1977 (7 U.S.C. 2015), as amended
251
by section 555, is amended by adding at the end the fol-
lowing:
‘‘(j) No member of a household who is otherwise eligi-
ble to participate in the food stamp program shall be eligi-
ble to participate in the program as a member of that or
any other household while the individual is—
‘‘(1) fleeing to avoid prosecution, or custody or
confinement after conviction, under the laws of the
place from which he flees, for a crime, or an attempt
to commit a crime, which is a felony under the laws
of the place from which he flees, or which, in the
case of the State of New Jersey, is a high mis-
demeanor under the laws of such State; or
‘‘(2) violating a condition of probation or parole
imposed under Federal or State law.’’.
(2) EXCHANGE OF INFORMATION WITH LAW EN-
FORCEMENT OFFICERS.—Section 11(e)(8) of such Act (7
U.S.C. 2020(e)(8)) is amended—
(1) by striking ‘‘and (C)’’ and inserting ‘‘(C)’’;
and
(2) by inserting before the semicolon at the end
the following: ‘‘, (D) notwithstanding any other pro-
vision of law, the address of a member of a house-
hold shall be made available, on request, to a Fed-
eral, State, or local law enforcement officer if the of-
252
ficer furnishes the State agency with the name of
the member and notifies the agency that (i) the
member (I) is fleeing to avoid prosecution, or cus-
tody or confinement after conviction, under the laws
of the place from which he flees, for a crime, or an
attempt to commit a crime, which is a felony under
the laws of the place from which he flees, or which,
in the case of the State of New Jersey, is a high
misdemeanor under the laws of such State, or is vio-
lating a condition of probation or parole imposed
under Federal or State law, or (II) has information
that is necessary for the officer to conduct the offi-
cer’s official duties, (ii) the location or apprehension
of the member is within the official duties of the of-
ficer, and (iii) the request is made in the proper ex-
ercise of the duties, and’’.
Subtitle C—Effective Dates and
Miscellaneous Provisions
SEC. 591. EFFECTIVE DATES.
(a) Except as provided in subsection (b), this title and
amendments made by this title shall take effect on October
1, 1995.
(b) The amendments made by section 559 shall take
effect on October 1, 1994.
253
SEC. 592. SENSE OF THE CONGRESS.
It is the sense of the Congress that States that oper-
ate electronic benefit systems to transfer benefits provided
under the Food Stamp Act of 1977 should operate elec-
tronic benefit systems that are compatible with each other.
SEC. 593. DEFICIT REDUCTION.
It is the sense of the Committee on Agriculture of
the House of Representatives that reductions in outlays
resulting from subtitle B shall not be taken into account
for purposes of section 252 of the Balanced Budget and
Emergency Deficit Control Act of 1985.
TITLE VI—SUPPLEMENTAL
SECURITY INCOME
SEC. 601. DENIAL OF SUPPLEMENTAL SECURITY INCOME
BENEFITS
BY
REASON
OF
DISABILITY
TO
DRUG ADDICTS AND ALCOHOLICS.
(a) IN GENERAL.—Section 1614(a)(3) of the Social
Security Act (42 U.S.C. 1382c(a)(3)) is amended by add-
ing at the end the following:
‘‘(I) Notwithstanding subparagraph (A), an individ-
ual shall not be considered to be disabled for purposes of
this title if alcoholism or drug addiction would (but for
this subparagraph) be a contributing factor material to
the Commissioner’s determination that the individual is
disabled.’’.
(b) CONFORMING AMENDMENTS.—
254
(1) Section 1611(e) of such Act (42 U.S.C.
1382(e)) is amended by striking paragraph (3).
(2) Section 1631(a)(2)(A)(ii) of such Act (42
U.S.C. 1383(a)(2)(A)(ii)) is amended—
(A) by striking ‘‘(I)’’; and
(B) by striking subclause (II).
(3) Section 1631(a)(2)(B) of such Act (42
U.S.C. 1383(a)(2)(B)) is amended—
(A) by striking clause (vii);
(B) in clause (viii), by striking ‘‘(ix)’’ and
inserting ‘‘(viii)’’;
(C) in clause (ix)—
(i) by striking ‘‘(viii)’’ and inserting
‘‘(vii)’’; and
(ii) in subclause (II), by striking all
that follows ‘‘15 years’’ and inserting a pe-
riod;
(D) in clause (xiii)—
(i) by striking ‘‘(xii)’’ and inserting
‘‘(xi)’’; and
(ii) by striking ‘‘(xi)’’ and inserting
‘‘(x)’’; and
(E) by redesignating clauses (viii) through
(xiii) as clauses (vii) through (xii), respectively.
255
(4) Section 1631(a)(2)(D)(i)(II) of such Act
(42 U.S.C. 1383(a)(2)(D)(i)(II)) is amended by
striking all that follows ‘‘$25.00 per month’’ and in-
serting a period.
(5) Section 1634 of such Act (42 U.S.C. 1383c)
is amended by striking subsection (e).
(6) Section 201(c)(1) of the Social Security
Independence and Program Improvements Act of
1994 (42 U.S.C. 425 note) is amended—
(A) by striking ‘‘—’’ and all that follows
through ‘‘(A)’’ the 1st place such term appears;
(B) by striking ‘‘and’’ the 3rd place such
term appears;
(C) by striking subparagraph (B);
(D) by striking ‘‘either subparagraph (A)
or subparagraph (B)’’ and inserting ‘‘the pre-
ceding sentence’’; and
(E) by striking ‘‘subparagraph (A) or (B)’’
and inserting ‘‘the preceding sentence’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect on October 1, 1995, and shall
apply with respect to months beginning on or after such
date.
(d) FUNDING OF CERTAIN PROGRAMS FOR DRUG
ADDICTS AND ALCOHOLICS.—
256
(1) IN GENERAL.—Out of any money in the
Treasury not otherwise appropriated, there are here-
by appropriated—
(A) for carrying out section 1971 of the
Public Health Service Act (as amended by
paragraph (2) of this subsection), $95,000,000
for each of the fiscal years 1997 through 2000;
and
(B) for carrying out the medication devel-
opment project to improve drug abuse and drug
treatment research (administered through the
National Institute on Drug Abuse), $5,000,000
for each of the fiscal years 1997 through 2000.
(2) CAPACITY EXPANSION PROGRAM REGARD-
ING DRUG ABUSE TREATMENT.—Section 1971 of the
Public Health Service Act (42 U.S.C. 300y) is
amended—
(A) in subsection (a)(1), by adding at the
end the following sentence: ‘‘This paragraph is
subject to subsection (j).’’;
(B) by redesignating subsection (j) as sub-
section (k);
(C) in subsection (j) (as so redesignated),
by inserting before the period the following:
257
‘‘and for each of the fiscal years 1995 through
2000’’; and
(D) by inserting after subsection (i) the
following subsection:
‘‘(j)
FORMULA
GRANTS
FOR
CERTAIN
FISCAL
YEARS.—
‘‘(1) IN GENERAL.—For each of the fiscal years
1997 through 2000, the Director shall, for the pur-
pose described in subsection (a)(1), make a grant to
each State that submits to the Director an applica-
tion in accordance with paragraph (2). Such a grant
for a State shall consist of the allotment determined
for the State under paragraph (3). For each of the
fiscal years 1997 through 2000, grants under this
paragraph shall be the exclusive grants under this
section.
‘‘(2) REQUIREMENTS.—The Director may make
a grant under paragraph (1) only if, by the date
specified by the Director, the State submits to the
Director an application for the grant that is in such
form, is made in such manner, and contain such
agreements, assurances, and information as the Di-
rector determines to be necessary to carry out this
subsection, and if the application contains an agree-
ment by the State in accordance with the following:
258
‘‘(A) The State will expend the grant in
accordance with the priority described in sub-
section (b)(1).
‘‘(B) The State will comply with the condi-
tions described in each of subsections (c), (d),
(g), and (h).
‘‘(3) ALLOTMENT.—
‘‘(A) For purposes of paragraph (1), the
allotment under this paragraph for a State for
a fiscal year shall, except as provided in sub-
paragraph (B), be the product of—
‘‘(i) the amount appropriated in sec-
tion 601(d)(1)(A) of the Personal Respon-
sibility Act of 1995 for the fiscal year, to-
gether with any additional amounts appro-
priated to carry out this section for the fis-
cal year; and
‘‘(ii) the percentage determined for
the State under the formula established in
section 1933(a).
‘‘(B) Subsections (b) through (d) of section
1933 apply to an allotment under subparagraph
(A) to the same extent and in the same manner
as such subsections apply to an allotment under
subsection (a) of section 1933.’’.
259
SEC. 602. SUPPLEMENTAL SECURITY INCOME BENEFITS
FOR DISABLED CHILDREN.
(a) RESTRICTIONS ON ELIGIBILITY FOR CASH BENE-
FITS.—
(1) IN GENERAL.—Section 1614(a)(3)(A) of the
Social Security Act (42 U.S.C. 1382c(a)(3)(A)) is
amended—
(A) by inserting ‘‘(i)’’ after ‘‘(3)(A)’’;
(B) by inserting ‘‘who has attained 18
years of age’’ before ‘‘shall be considered’’;
(C) by striking ‘‘he’’ and inserting ‘‘the in-
dividual’’;
(D) by striking ‘‘(or, in the case of an indi-
vidual under the age of 18, if he suffers from
any medically determinable physical or mental
impairment impairment of comparable sever-
ity)’’; and
(E) by adding after and below the end the
following:
‘‘(ii) An individual who has not attained 18 years of
age shall be considered to be disabled for purposes of this
title for a month if the individual—
‘‘(I) meets all non-disability-related require-
ments for eligibility for cash benefits under this title;
‘‘(II) has any medically determinable physical
or mental impairment (or combination of impair-
260
ments) that meets the requirements, applicable to
individuals who have not attained 18 years of age,
of the Listings of Impairments set forth in appendix
1 of subpart P of part 404 of title 20, Code of Fed-
eral Regulations (revised as of April 1, 1994), or
that is equivalent in severity to such an impairment
(or such a combination of impairments); and
‘‘(III)(aa) for the month preceding the first
month for which this clause takes effect, was eligible
for cash benefits under this title by reason of disabil-
ity; or
‘‘(bb) as a result of the impairment (or com-
bination of impairments) involved—
‘‘(1) is in a hospital, skilled nursing facil-
ity, nursing facility, residential treatment facil-
ity, intermediate care facility for the mentally
retarded, or other medical institution; or
‘‘(2) would be required to be placed in
such an institution if the individual were not re-
ceiving personal assistance necessitated by the
impairment (or impairments).
‘‘(iii) As used in clause (ii)(III)(bb)(2), the term ‘per-
sonal assistance’ includes at least hands-on or stand-by
assistance, supervision, or cueing, with activities of daily
living and the administration of medical treatment (where
261
applicable). For purposes of the preceding sentence, the
term ‘acitivities of daily living’ means eating, toileting,
dressing, bathing, and transferring.’’.
(2) NOTICE.—Within 1 month after the date of
the enactment of this Act, the Commissioner of So-
cial Security shall notify each individual whose eligi-
bility for cash supplemental security income benefits
under title XVI of the Social Security Act will termi-
nate by reason of the amendments made by para-
graph (1) of such termination.
(3) ANNUAL REPORTS ON LISTINGS OF IMPAIR-
MENTS.—The Commissioner of Social Security shall
annually submit to the Congress a report on the
Listings of Impairments set forth in appendix 1 of
subpart P of part 404 of title 20, Code of Federal
Regulations (revised as of April 1, 1994), that are
applicable to individuals who have not attained 18
years of age, and recommend any necessary revisions
to the listings.
(b)
ESTABLISHMENT
OF
PROGRAM
OF
BLOCK
GRANTS REGARDING CHILDREN WITH DISABILITIES.—
(1) IN GENERAL.—Title XVI of the Social Se-
curity Act (42 U.S.C. 1381 et seq.) is amended by
adding at the end the following:
262
‘‘PART C—BLOCK GRANTS TO STATES FOR
CHILDREN WITH DISABILITIES
‘‘SEC. 1641. ENTITLEMENT TO GRANTS.
‘‘Each State that meets the requirements of section
1642 for fiscal year 1997 or any subsequent fiscal year
shall be entitled to receive from the Commissioner for the
fiscal year a grant in an amount equal to the allotment
(as defined in section 1646(1)) of the State for the fiscal
year.
‘‘SEC. 1642. REQUIREMENTS.
‘‘(a) IN GENERAL.—A State meets the requirements
of this section for a grant under section 1641 for a fiscal
year if by the date specified by the Commissioner, the
State submits to the Commissioner an application for the
grant that is in such form, is made in such manner, and
contain such agreements, assurances, and information as
the Commissioner determines to be necessary to carry out
this part, and if the application contains an agreement by
the State in accordance with the following:
‘‘(1) The grant will not be expended for any
purpose other than providing authorized services (as
defined in section 1646(2)) to qualifying children (as
defined in section 1646(3)).
‘‘(2)(A) In providing authorized services, the
State will make every reasonable effort to obtain
payment for the services from other Federal or State
263
programs that provide payment for such services
and from private entities that are legally liable to
make the payments pursuant to insurance policies,
prepaid plans, or other arrangements.
‘‘(B) The State will expend the grant only to
the extent that payments from the programs and en-
tities described in subparagraph (A) are not avail-
able for authorized services provided by the State.
‘‘(3) The State will comply with the condition
described in subsection (b).
‘‘(4) The State will comply with the condition
described in subsection (c).
‘‘(b) MAINTENANCE OF EFFORT.—
‘‘(1) IN GENERAL.—The condition referred to
in subsection (a)(3) for a State for a fiscal year is
that, with respect to the purposes described in para-
graph (2), the State will maintain expenditures of
non-Federal amounts for such purposes at a level
that is not less than the following, as applicable:
‘‘(A) For the first fiscal year for which the
State receives a grant under section 1641, an
amount equal to the difference between—
‘‘(i) the average level of such expendi-
tures maintained by the State for the 2-
year period preceding October 1, 1995 (ex-
264
cept that, if such first fiscal year is other
than fiscal year 1997, the amount of such
average level shall be increased to the ex-
tent necessary to offset the effect of infla-
tion occurring after October 1, 1995); and
‘‘(ii) the aggregate of non-Federal ex-
penditures made by the State for such 2-
year period pursuant to section 1618 (as
such section was in effect for such period).
‘‘(B) For each subsequent fiscal year, the
amount applicable under subparagraph (A) in-
creased to the extent necessary to offset the ef-
fect of inflation occurring after the beginning of
the fiscal year to which such subparagraph ap-
plies.
‘‘(2) RELEVANT PURPOSES.—The purposes de-
scribed in this paragraph are any purposes designed
to meet (or assist in meeting) the unique needs of
qualifying children that arise from physical and
mental impairments, including such purposes that
are authorized to be carried out under title XIX.
‘‘(3) RULE OF CONSTRUCTION.—With respect
to compliance with the agreement made by a State
pursuant to paragraph (1), the State has discretion
to select, from among the purposes described in
265
paragraph (2), the purposes for which the State ex-
pends the non-Federal amounts reserved by the
State for such compliance.
‘‘(4) USE OF CONSUMER PRICE INDEX.—Deter-
minations under paragraph (1) of the extent of in-
flation shall be made through use of the consumer
price index for all urban consumers, U.S. city aver-
age, published by the Bureau of Labor Statistics.
‘‘(c) ASSESSMENT OF NEED FOR SERVICES.—The
condition referred to in subsection (a)(4) for a State for
a fiscal year is that each qualifying child will be permitted
to apply for authorized services, and will be provided with
an opportunity to have an assessment conducted to deter-
mine the need of such child for authorized services.
‘‘SEC. 1643. AUTHORITY OF STATE.
‘‘The following decisions are in the discretion of a
State with respect to compliance with an agreement made
by the State under section 1642(a)(1):
‘‘(1) Decisions regarding which of the author-
ized services are provided.
‘‘(2) Decisions regarding who among qualifying
children in the State receives the services.
‘‘(3) Decisions regarding the number of services
provided for the qualifying child involved and the
duration of the services.
266
‘‘SEC. 1644. AUTHORIZED SERVICES.
‘‘(a) AUTHORITY OF COMMISSIONER.—The Commis-
sioner, subject to subsection (b), shall issue regulations
designating the purposes for which grants under section
1641 are authorized to be expended by the States.
‘‘(b) REQUIREMENTS REGARDING SERVICES.—The
Commissioner shall ensure that the purposes authorized
under subsection (a)—
‘‘(1) are designed to meet (or assist in meeting)
the unique needs of qualifying children that arise
from physical and mental impairments;
‘‘(2) include medical and nonmedical services;
and
‘‘(3) do not include the provision of cash bene-
fits.
‘‘SEC. 1645. GENERAL PROVISIONS.
‘‘(a)
ISSUANCE
OF
REGULATIONS.—Regulations
under this part shall be issued in accordance with proce-
dures established for the issuance of substantive rules
under section 553 of title 5, United States Code. Pay-
ments under grants under section 1641 for fiscal year
1997 shall begin not later than January 1, 1997, without
regard to whether final rules under this part have been
issued and without regard to whether such rules have
taken effect.
‘‘(b) PROVISIONS REGARDING OTHER PROGRAMS.—
267
‘‘(1) INAPPLICABILITY
OF
VALUE
OF
SERV-
ICES.—The value of authorized services provided
under this part shall not be taken into account in
determining eligibility for, or the amount of, benefits
or services under any Federal or federally-assisted
program.
‘‘(2) MEDICAID
PROGRAM.—For purposes of
title XIX, each qualifying child shall be considered
to be a recipient of supplemental security income
benefits under this title (without regard to whether
the child has received authorized services under this
part and without regard to whether the State in-
volved is receiving a grant under section 1641). The
preceding sentence applies on and after the date of
the enactment of this part.
‘‘(c) USE BY STATES OF EXISTING DELIVERY SYS-
TEMS.—With respect to the systems utilized by the States
to deliver services to individuals with disabilities (including
systems utilized before the date of the enactment of the
Personal Responsibility Act of 1995), it is the sense of
the Congress that the States should utilize such systems
in providing authorized services under this part.
‘‘(d) REQUIRED PARTICIPATION OF STATES.—Sub-
paragraphs (C)(i) and (E)(i)(I) of section 205(c)(2) shall
not apply to a State that does not participate in the pro-
268
gram established in this part for fiscal year 1997 or any
succeeding fiscal year.
‘‘SEC. 1646. DEFINITIONS.
‘‘As used in this part:
‘‘(1)
ALLOTMENT.—The
term
‘allotment’
means, with respect to a State and a fiscal year, the
product of—
‘‘(A) an amount equal to the difference be-
tween—
‘‘(i) the number of qualifying children
in the State (as determined for the most
recent 12-month period for which data are
available to the Commissioner); and
‘‘(ii) the number of qualifying children
in the State receiving cash benefits under
this title by reason of disability (as so de-
termined); and
‘‘(B) an amount equal to 75 percent of the
mean average of the respective annual totals of
cash benefits paid under this title to each quali-
fying child described in subparagraph (A)(ii)
(as so determined).
‘‘(2) AUTHORIZED
SERVICE.—The term ‘au-
thorized service’ means each purpose authorized by
the Commissioner under section 1644(a).
269
‘‘(3) QUALIFYING CHILD.—
‘‘(A) IN GENERAL.—The term ‘qualifying
child’ means an individual who—
‘‘(i) has not attained 18 years of age;
and
‘‘(ii)(I) is eligible for cash benefits
under this title by reason of disability; or
‘‘(II) meets the conditions described
in
subclauses
(I)
and
(II)
of
section
1614(a)(3)(A)(ii),
but
(by
reason
of
subclause (III) of such section) is not eligi-
ble for such cash benefits.
‘‘(B)
RESPONSIBILITIES
OF
COMMIS-
SIONER.—The Commissioner shall provide for
determinations of whether individuals meet the
criteria established in subparagraph (A) for sta-
tus as qualifying children. Such determinations
shall be made in accordance with the provisions
otherwise applicable under this title with re-
spect to such criteria.’’.
(2) RULE REGARDING CERTAIN MILITARY PAR-
ENTS;
CASH
BENEFITS
FOR
QUALIFYING
CHIL-
DREN.—Section 1614(a)(1)(B)(ii) of the Social Se-
curity Act (42 U.S.C. 1382c(a)(1)(B)(ii)) is amend-
ed by striking ‘‘United States, and who, for the
270
month’’ and all that follows and inserting the follow-
ing: ‘‘United States, and—
‘‘(I) who, for the month before the parent re-
ported for such assignment, received a cash benefit
under this title by reason of blindness, or
‘‘(II) for whom, for such month, a determina-
tion was in effect that the child is a qualifying child
under section 1646(3).’’.
(c) PROVISIONS RELATING TO SSI CASH BENEFITS
AND SSI SERVICE BENEFITS.—
(1)
CONTINUING
DISABILITY
REVIEWS
FOR
CERTAIN CHILDREN.—Section 1614(a)(3)(G) of such
Act (42 U.S.C. 1382c(a)(3)(G)) is amended—
(A) by inserting ‘‘(i)’’ after ‘‘(G)’’; and
(B) by adding at the end the following:
‘‘(ii)(I) Not less frequently than once every 3 years,
the Commissioner shall redetermine the eligibility for cash
benefits under this title and for services under part C—
‘‘(aa) of each individual who has not attained
18 years of age and is eligible for such cash benefits
by reason of disability; and
‘‘(bb) of each qualifying child (as defined in sec-
tion 1646(3)).
271
‘‘(II) Subclause (I) shall not apply to an individual
if the individual has an impairment (or combination of im-
pairments) which is (or are) not expected to improve.’’.
(2) DISABILITY REVIEW REQUIRED FOR SSI RE-
CIPIENTS WHO ARE 18 YEARS OF AGE.—
(A) IN GENERAL.—Section 1614(a)(3)(G)
of such Act (42 U.S.C. 1382c(a)(3)(G)), as
amended by paragraph (1) of this subsection, is
amended by adding at the end the following:
‘‘(iii)(I) The Commissioner shall redetermine the eli-
gibility of a qualified individual for supplemental security
income benefits under this title by reason of disability, by
applying the criteria used in determining eligibility for
such benefits of applicants who have attained 18 years of
age.
‘‘(II) The redetermination required by subclause (I)
with respect to a qualified individual shall be conducted
during the 1-year period that begins on the date the quali-
fied individual attains 18 years of age.
‘‘(III) As used in this clause, the term ‘qualified indi-
vidual’ means an individual who attains 18 years of age
and for whom, for the month preceding the month in
which the individual attained such age, a determination
was in effect that the individual is a qualifying child under
section 1646(3).
272
‘‘(IV) A redetermination under subclause (I) of this
clause shall be considered a substitute for a review re-
quired under any other provision of this subparagraph.’’.
(B)
REPORT
TO
THE
CONGRESS.—Not
later than October 1, 1998, the Commissioner
of Social Security shall submit to the Commit-
tee on Ways and Means of the House of Rep-
resentatives and the Committee on Finance of
the Senate a report on the activities conducted
under section 1614(a)(3)(G)(iii) of the Social
Security Act.
(C) CONFORMING
REPEAL.—Section 207
of the Social Security Independence and Pro-
gram Improvements Act of 1994 (42 U.S.C.
1382 note; 108 Stat. 1516) is hereby repealed.
(3) DISABILITY REVIEW REQUIRED FOR LOW
BIRTH WEIGHT BABIES WHO HAVE RECEIVED SSI
BENEFITS FOR 12 MONTHS.—Section 1614(a)(3)(G)
of such Act (42 U.S.C. 1382c(a)(3)(G)), as amended
by paragraphs (1) and (2) of this subsection, is
amended by adding at the end the following:
‘‘(iv)(I) The Commissioner shall redetermine the eli-
gibility for—
‘‘(aa) cash benefits under this title by reason of
disability of an individual whose low birth weight is
273
a contributing factor material to the Commissioner’s
determination that the individual is disabled; and
‘‘(bb) services under part C of an individual
who is eligible for such services by reason of low
birth weight.
‘‘(II) The redetermination required by subclause (I)
shall be conducted once the individual has received such
benefits for 12 months.
‘‘(III) A redetermination under subclause (I) of this
clause shall be considered a substitute for a review re-
quired under any other provision of this subparagraph.’’.
(4) APPLICABILITY
OF
MEDICAID
RULES
RE-
GARDING
COUNTING
OF
CERTAIN
ASSETS
AND
TRUSTS OF CHILDREN.—Section 1613(c) of the So-
cial Security Act (42 U.S.C. 1382b(c)) is amended
to read as follows:
‘‘TREATMENT OF CERTAIN ASSETS AND TRUSTS IN
ELIGIBILITY DETERMINATIONS FOR CHILDREN
‘‘(c) Subsections (c) and (d) of section 1917 shall
apply to determinations of eligibility for benefits under
this title in the case of an individual who has not attained
18 years of age in the same manner as such subsections
apply to determinations of eligibility for medical assistance
under a State plan under title XIX, except that—
‘‘(1)
the
amount
described
in
section
1917(c)(1)(E)(i)(II) shall be the amount of cash
274
benefits payable under this title to an eligible indi-
vidual who does not have an eligible spouse and who
has no income or resources;
‘‘(2) the look-back date specified in section
1917(c)(1)(B) shall be the date that is 36 months
before the date the individual has applied for bene-
fits under this title; and
‘‘(3) any assets in a trust over which the indi-
vidual has control shall be considered assets of the
individual.’’.
(d) CONFORMING AMENDMENTS.—
(1) Subsections (b)(1), (b)(2), (c)(3), (c)(5),
and (e)(1)(B) of section 1611 of the Social Security
Act (42 U.S.C. 1382 (b)(1), (b)(2), (c)(3), (c)(5),
and
(e)(1)(B))
are
each
amended
by
inserting
‘‘cash’’ before ‘‘benefit under this title’’.
(2) Section 1611(c)(1) of such Act (42 U.S.C.
1382(c)(1)) is amended—
(A) by striking ‘‘a benefit’’ and inserting
‘‘benefits’’;
(B) by striking ‘‘such benefit’’ and insert-
ing ‘‘the cash benefit under this title’’; and
(C) by striking ‘‘and the amount of such
benefits’’ and inserting ‘‘benefits under this
275
title and the amount of any cash benefit under
this title’’.
(3) Section 1611(c)(2) of such Act (42 U.S.C.
1382(c)(2)) is amended—
(A) by striking ‘‘such benefit’’ and insert-
ing ‘‘the cash benefit’’;
(B) by inserting ‘‘cash’’ before ‘‘benefits’’
each place such term appears; and
(C)
in
subpargraph
(B),
by
inserting
‘‘cash’’ before ‘‘benefit’’.
(4) Section 1611(c)(3) of such Act (42 U.S.C.
1382(c)(3)) is amended by inserting ‘‘cash’’ before
‘‘benefits under this title’’.
(5) Section 1611(e)(1)(G) of such Act (42
U.S.C.
1382(e)(1)(G))
is
amended
by
inserting
‘‘cash’’ before ‘‘benefit of’’.
(6) Section 1614(a)(4) of such Act (42 U.S.C.
1382c(a)(4)) is amended by inserting ‘‘or impair-
ment’’ after ‘‘disability’’ each place such term ap-
pears.
(7) Section 1614(f)(1) of such Act (42 U.S.C.
1382c(f)(1))
is
amended
by
striking
‘‘and
the
amount of benefits’’ and inserting ‘‘benefits under
this title and the amount of any cash benefit under
this title’’.
276
(8) Section 1614(f)(2)(A) of such Act (42
U.S.C. 1382c(f)(2)(A)) is amended by striking ‘‘and
the amount of benefits’’ and inserting ‘‘benefits
under this title and the amount of any cash benefit’’.
(9) Section 1614(f)(3) of such Act (42 U.S.C.
1382c(f)(3))
is
amended
by
striking
‘‘and
the
amount of benefits’’ and inserting ‘‘benefits under
this title and the amount of any cash benefit under
this title’’.
(10) Section 1616(e)(1) of such Act (42 U.S.C.
1382e(e)(1)) is amended by inserting ‘‘cash’’ before
‘‘supplemental’’.
(11) Section 1621(a) of such Act (42 U.S.C.
1382j(a)) is amended by striking ‘‘and the amount
of benefits’’ and inserting ‘‘benefits under this title
and the amount of any cash benefit under this title’’.
(12) Section 1631(a)(4) of such Act (42 U.S.C.
1383(a)(4)) is amended by inserting ‘‘cash’’ before
‘‘benefits’’ the 1st place such term appears in each
of subparagraphs (A) and (B).
(13) Section 1631(a)(7)(A) of such Act (42
U.S.C.
1383(a)(7)(A))
is
amended
by
inserting
‘‘cash’’ before ‘‘benefits based’’.
(14) Section 1631(a)(8)(A) of such Act (42
U.S.C. 1383(a)(8)(A)) is amended by striking ‘‘ben-
277
efits based on disability or blindness under this
title’’ and inserting ‘‘benefits under this title (other
than by reason of age)’’.
(15) Section 1631(c) of such Act (42 U.S.C.
1383(c)) is amended—
(A) by striking ‘‘payment’’ each place such
term appears and inserting ‘‘benefits’’; and
(B) by striking ‘‘payments’’ each place
such term appears and inserting ‘‘benefits’’.
(16) Section 1631(e) of such Act (42 U.S.C.
1383(e)) is amended—
(A)
in
paragraph
(1)(B),
by
striking
‘‘amounts
of
such
benefits’’
and
inserting
‘‘amounts of cash benefits under this title’’;
(B) in paragraph (2), by inserting ‘‘cash’’
before ‘‘benefits’’ each place such term appears;
(C) by redesignating the 2nd paragraph
(6) and paragraph (7) as paragraphs (7) and
(8), respectively; and
(D) in paragraph (7) (as so redesignated),
by inserting ‘‘cash’’ before ‘‘benefits’’ each place
such term appears.
(17) Section 1631(g)(2) of such Act (42 U.S.C.
1383(g)(2)) is amended by striking ‘‘supplemental
security income’’ and inserting ‘‘cash’’.
278
(18) Section 1635(a) of such Act (42 U.S.C.
1383d(a)) is amended by striking ‘‘by reason of dis-
ability or blindness’’.
(e) TEMPORARY ELIGIBILITY FOR CASH BENEFITS
FOR POOR DISABLED CHILDREN RESIDING IN STATES
APPLYING ALTERNATIVE INCOME ELIGIBILITY STAND-
ARDS UNDER MEDICAID.—
(1) IN
GENERAL.—For the period beginning
upon the 1st day of the 1st month that begins 90
or more days after the date of the enactment of this
Act and ending upon the close of fiscal year 1996,
an individual described in paragraph (2) shall be
considered to be eligible for cash benefits under title
XVI of the Social Security Act, by reason of disabil-
ity notwithstanding that the individual does not
meet any of the conditions described in section
1614(a)(3)(A)(ii)(III) of such Act.
(2) REQUIREMENTS.—For purposes of para-
graph (1), an individual described in this paragraph
is an individual who—
(A) has not attained 18 years of age;
(B)
meets
the
conditions
described
in
subclauses
(I)
and
(II)
of
section
1614(a)(3)(A)(ii) of the Social Security Act;
279
(C) resides in a State that, pursuant to
section 1902(f) of such Act, restricts eligibility
for medical assistance under title XIX of such
Act with respect to aged, blind, and disabled in-
dividuals; and
(D) is not eligible for medical assistance
under the State plan under such title XIX.
(f) REDUCTION IN CASH BENEFITS PAYABLE TO IN-
STITUTIONALIZED CHILDREN WHOSE MEDICAL COSTS
ARE
COVERED
BY
PRIVATE
INSURANCE.—Section
1611(e)(1)(B) of the Social Security Act (42 U.S.C.
1382(e)(1)(B)) is amended by inserting ‘‘or under any
health insurance policy issued by a private provider of
such insurance’’ after ‘‘title XIX’’.
(g) APPLICABILITY.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by subsections
(a)(1), (c), (d) and (f), and section 1645(b)(2) of the
Social Security Act (as added by the amendment
made by subsection (b) of this section), shall apply
to benefits for months beginning 90 or more days
after the date of the enactment of this Act, without
regard to whether regulations have been issued to
implement such amendments.
280
(2) DELAYED APPLICABILITY TO CURRENT SSI
RECIPIENTS
OF
ELIGIBILITY
RESTRICTIONS.—The
amendments made by subsection (a)(1) shall not
apply, during the first 6 months that begin after the
month in which this Act becomes law, to an individ-
ual who is a recipient of cash supplemental security
income benefits under title XVI of the Social Secu-
rity Act for the month in which this Act becomes
law.
(h) REGULATIONS.—Within 3 months after the date
of the enactment of this Act—
(1) the Commissioner of Social Security shall
prescribe such regulations as may be necessary to
implement the amendments made by subsections
(a)(1), (c), (d), and (f) and to implement subsection
(e); and
(2) the Secretary of Health and Human Serv-
ices shall prescribe such regulations as may be nec-
essary to implement section 1645(b)(2) of the Social
Security Act, as added by the amendment made by
subsection (b) of this section.
281
SEC. 603. EXAMINATION OF MENTAL LISTINGS USED TO DE-
TERMINE ELIGIBILITY OF CHILDREN FOR SSI
BENEFITS BY REASON OF DISABILITY.
Section 202(e)(2) of the Social Security Independ-
ence and Program Improvements Act of 1994 (42 U.S.C.
1382 note) is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (F); and
(2) by redesignating subparagraph (G) as sub-
paragraph (H) and inserting after subparagraph (F)
the following:
‘‘(G) whether the criteria in the mental dis-
orders listings in the Listings of Impairments set
forth in appendix 1 of subpart P of part 404 of title
20, Code of Federal Regulations, are appropriate to
ensure that eligibility of individuals who have not at-
tained 18 years of age for cash benefits under the
supplemental security income program by reason of
disability is limited to those who have serious dis-
abilities and for whom such benefits are necessary to
improve their condition or quality of life; and’’.
282
SEC. 604. LIMITATION ON PAYMENTS TO PUERTO RICO,
THE
VIRGIN
ISLANDS,
AND
GUAM
UNDER
PROGRAMS OF AID TO THE AGED, BLIND, OR
DISABLED.
Section 1108 of the Social Security Act (42 U.S.C.
1308), as amended by section 104(e)(1) of this Act, is
amended by inserting before ‘‘The total’’ the following:
‘‘(a) PROGRAMS OF AID TO THE AGED, BLIND, OR
DISABLED.—The total amount certified by the Secretary
of Health and Human Services under titles I, X, XIV, and
XVI (as in effect without regard to the amendment made
by section 301 of the Social Security Amendments of
1972)—
‘‘(1) for payment to Puerto Rico shall not ex-
ceed $18,053,940;
‘‘(2) for payment to the Virgin Islands shall not
exceed $473,659; and
‘‘(3) for payment to Guam shall not exceed
$900,718.
‘‘(b) MEDICAID PROGRAMS.—’’.
SEC. 605. REPEAL OF MAINTENANCE OF EFFORT REQUIRE-
MENTS
APPLICABLE
TO
OPTIONAL
STATE
PROGRAMS FOR SUPPLEMENTATION OF SSI
BENEFITS.
Section 1618 of the Social Security Act (42 U.S.C.
1382g) is hereby repealed.
283
SEC. 606. DENIAL OF SSI BENEFITS FOR 10 YEARS TO INDI-
VIDUALS FOUND TO HAVE FRAUDULENTLY
MISREPRESENTED RESIDENCE IN ORDER TO
OBTAIN BENEFITS SIMULTANEOUSLY IN 2 OR
MORE STATES.
Section 1614(a) of the Social Security Act (42 U.S.C.
1382c(a)) is amended by adding at the end the following:
‘‘(5) An individual shall not be considered an eligible
individual for purposes of this title during the 10-year pe-
riod beginning on the date the individual is found by a
State to have made, or is convicted in Federal or State
court of having made, a fraudulent statement or represen-
tation with respect to the place of residence of the individ-
ual in order to receive benefits simultaneously from 2 or
more States under programs that are funded under part
A of title IV, 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.’’.
SEC. 607. DENIAL OF SSI BENEFITS FOR FUGITIVE FELONS
AND PROBATION AND PAROLE VIOLATORS.
(a) IN GENERAL.—Section 1611(c) of the Social Se-
curity Act (42 U.S.C. 1382(e)), as amended by section
601(b)(1) of this Act, is amended by inserting after para-
graph (2) the following:
‘‘(3) A person shall not be an eligible individual
or eligible spouse for purposes of this title with re-
284
spect to any month if, throughout the month, the
person is—
‘‘(A) fleeing to avoid prosecution, or cus-
tody or confinement after conviction, under the
laws of the place from which the person flees,
for a crime, or an attempt to commit a crime,
which is a felony under the laws of the place
from which the person flees, or which, in the
case of the State of New Jersey, is a high mis-
demeanor under the laws of such State; or
‘‘(B) violating a condition of probation or
parole imposed under Federal or State law.’’.
(b) EXCHANGE OF INFORMATION WITH LAW EN-
FORCEMENT AGENCIES.—Section 1631(e) of such Act (42
U.S.C. 1383(e)) is amended by inserting after paragraph
(3) the following:
‘‘(4) Notwithstanding any other provision of law, the
Commissioner shall furnish any Federal, State, or local
law enforcement officer, upon the request of the officer,
with the current address of any recipient of benefits under
this title, if the officer furnishes the agency with the name
of the recipient and notifies the agency that—
‘‘(A) the recipient—
‘‘(i) is fleeing to avoid prosecution, or cus-
tody or confinement after conviction, under the
285
laws of the place from which the person flees,
for a crime, or an attempt to commit a crime,
which is a felony under the laws of the place
from which the person flees, or which, in the
case of the State of New Jersey, is a high mis-
demeanor under the laws of such State;
‘‘(ii) is violating a condition of probation or
parole imposed under Federal or State law; or
‘‘(iii) has information that is necessary for
the officer to conduct the officer’s official du-
ties;
‘‘(B) the location or apprehension of the recipi-
ent is within the official duties of the officer; and
‘‘(C) the request is made in the proper exercise
of such duties.’’.
TITLE VII—CHILD SUPPORT
SEC. 700. REFERENCES.
Except as otherwise specifically provided, wherever in
this title an amendment is expressed in terms of an
amendment to or repeal of a section or other provision,
the reference shall be considered to be made to that sec-
tion or other provision of the Social Security Act.
286
Subtitle A—Eligibility for Services;
Distribution of Payments
SEC. 701. STATE OBLIGATION TO PROVIDE CHILD SUPPORT
ENFORCEMENT SERVICES.
(a) STATE PLAN REQUIREMENTS.—Section 454 (42
U.S.C. 654) is amended—
(1) by striking paragraph (4) and inserting the
following:
‘‘(4) provide that the State will—
‘‘(A) provide services relating to the estab-
lishment of paternity or the establishment,
modification, or enforcement of child support
obligations, as appropriate, under the plan with
respect to—
‘‘(i) each child for whom cash assist-
ance is provided under the State program
funded under part A of this title, benefits
or services are provided under the State
program funded under part B of this title,
or medical assistance is provided under the
State plan approved under title XIX, un-
less the State agency administering the
plan determines (in accordance with para-
graph (28)) that it is against the best in-
terests of the child to do so; and
287
‘‘(ii) any other child, if an individual
applies for such services with respect to
the child; and
‘‘(B) enforce any support obligation estab-
lished with respect to—
‘‘(i) a child with respect to whom the
State provides services under the plan; or
‘‘(ii) the custodial parent of such a
child.’’; and
(2) in paragraph (6)—
(A) by striking ‘‘provide that’’ and insert-
ing ‘‘provide that—’’;
(B) by striking subparagraph (A) and in-
serting the following:
‘‘(A) services under the plan shall be made
available to nonresidents on the same terms as
to residents;’’;
(C) in subparagraph (B), by inserting ‘‘on
individuals not receiving assistance under any
State program funded under part A’’ after
‘‘such services shall be imposed’’;
(D) in each of subparagraphs (B), (C),
(D), and (E)—
(i) by indenting the subparagraph in
the same manner as, and aligning the left
288
margin of the subparagraph with the left
margin of, the matter inserted by subpara-
graph (B) of this paragraph; and
(ii) by striking the final comma and
inserting a semicolon; and
(E) in subparagraph (E), by indenting
each of clauses (i) and (ii) 2 additional ems.
(b) CONFORMING AMENDMENTS.—
(1)
Section
452(b)
(42
U.S.C.
652(b))
is
amended
by
striking
‘‘454(6)’’
and
inserting
‘‘454(4)’’.
(2)
Section
452(g)(2)(A)
(42
U.S.C.
652(g)(2)(A)) is amended by striking ‘‘454(6)’’ each
place it appears and inserting ‘‘454(4)(A)(ii)’’.
(3)
Section
466(a)(3)(B)
(42
U.S.C.
666(a)(3)(B)) is amended by striking ‘‘in the case of
overdue support which a State has agreed to collect
under section 454(6)’’ and inserting ‘‘in any other
case’’.
(4)
Section
466(e)
(42
U.S.C.
666(e))
is
amended by striking ‘‘paragraph (4) or (6) of sec-
tion 454’’ and inserting ‘‘section 454(4)’’.
289
SEC.
702.
DISTRIBUTION
OF
CHILD
SUPPORT
COLLEC-
TIONS.
(a) IN GENERAL.—Section 457 (42 U.S.C. 657) is
amended to read as follows:
‘‘SEC. 457. DISTRIBUTION OF COLLECTED SUPPORT.
‘‘(a) IN GENERAL.—An amount collected on behalf
of a family as support by a State pursuant to a plan ap-
proved under this part shall be distributed as follows:
‘‘(1) FAMILIES RECEIVING CASH ASSISTANCE.—
In the case of a family receiving cash assistance
from the State, the State shall—
‘‘(A) retain, or distribute to the family, the
State share of the amount so collected; and
‘‘(B) pay to the Federal Government the
Federal share of the amount so collected.
‘‘(2)
FAMILIES
THAT
FORMERLY
RECEIVED
CASH ASSISTANCE.—In the case of a family that for-
merly received cash assistance from the State:
‘‘(A) CURRENT SUPPORT PAYMENTS.—To
the extent that the amount so collected does not
exceed the amount required to be paid to the
family for the month in which collected, the
State shall distribute the amount so collected to
the family.
‘‘(B) PAYMENTS OF ARREARAGES.—To the
extent that the amount so collected exceeds the
290
amount required to be paid to the family for
the month in which collected, the State shall
distribute the amount so collected as follows:
‘‘(i) DISTRIBUTION
TO
THE
FAMILY
TO SATISFY ARREARAGES THAT ACCRUED
BEFORE OR AFTER THE FAMILY RECEIVED
CASH
ASSISTANCE.—The State shall dis-
tribute the amount so collected to the fam-
ily to the extent necessary to satisfy any
support arrears with respect to the family
that accrued before or after the family re-
ceived cash assistance from the State.
‘‘(ii) REIMBURSEMENT
OF
GOVERN-
MENTS
FOR
ASSISTANCE
PROVIDED
TO
THE FAMILY.—To the extent that clause
(i) does not apply to the amount, the State
shall retain the State share of the amount
so collected, and pay to the Federal Gov-
ernment the Federal share of the amount
so collected, to the extent necessary to re-
imburse amounts paid to the family as
cash assistance from the State.
‘‘(iii) DISTRIBUTION OF THE REMAIN-
DER TO THE FAMILY.—To the extent that
neither clause (i) nor clause (ii) applies to
291
the amount so collected, the State shall
distribute the amount to the family.
‘‘(3) FAMILIES THAT NEVER RECEIVED CASH
ASSISTANCE.—In the case of any other family, the
State shall distribute the amount so collected to the
family.
‘‘(b) DEFINITIONS.—As used in subsection (a):
‘‘(1) CASH ASSISTANCE.—The term ‘cash as-
sistance from the State’ means—
‘‘(A) cash assistance under the State pro-
gram funded under part A or under the State
plan approved under part A of this title (as in
effect before October 1, 1995); or
‘‘(B) cash benefits under the State pro-
gram funded under part B or under the State
plan approved under part B or E of this title
(as in effect before October 1, 1995).
‘‘(2)
FEDERAL
SHARE.—The
term
‘Federal
share’ means, with respect to an amount collected by
the State to satisfy a support obligation owed to a
family for a time period—
‘‘(A) the greatest Federal medical assist-
ance percentage in effect for the State for fiscal
year 1995 or any succeeding fiscal year; or
292
‘‘(B) if support is not owed to the family
for any month for which the family received aid
to families with dependent children under the
State plan approved under part A of this title
(as in effect before October 1, 1995), the Fed-
eral reimbursement percentage for the fiscal
year in which the time period occurs.
‘‘(3) FEDERAL MEDICAL ASSISTANCE PERCENT-
AGE.—The term ‘Federal medical assistance per-
centage’ means—
‘‘(A) the Federal medical assistance per-
centage (as defined in section 1118), in the case
of Puerto Rico, the Virgin Islands, Guam, and
American Samoa; or
‘‘(B) the Federal medical assistance per-
centage (as defined in section 1905(b)) in the
case of any other State.
‘‘(4)
FEDERAL
REIMBURSEMENT
PERCENT-
AGE.—The term ‘Federal reimbursement percentage’
means, with respect to a fiscal year—
‘‘(A) the total amount paid to the State
under section 403 for the fiscal year; divided by
‘‘(B) the total amount expended by the
State to carry out the State program under
part A during the fiscal year.
293
‘‘(5) STATE
SHARE.—The term ‘State share’
means 100 percent minus the Federal share.
‘‘(c) CONTINUATION
OF SERVICES
FOR FAMILIES
CEASING TO RECEIVE ASSISTANCE UNDER THE STATE
PROGRAM FUNDED UNDER PART A.—When a family with
respect to which services are provided under a State plan
approved under this part ceases to receive assistance
under the State program funded under part A, the State
shall provide appropriate notice to the family and continue
to provide such services, subject to the same conditions
and on the same basis as in the case of individuals to
whom services are furnished under section 454, except
that an application or other request to continue services
shall not be required of such a family and section
454(6)(B) shall not apply to the family.’’.
(b) EFFECTIVE DATE.—
(1) GENERAL
RULE.—Except as provided in
paragraph (2), the amendment made by subsection
(a) shall become effective on October 1, 1999.
(2) EARLIER EFFECTIVE DATE FOR RULES RE-
LATING TO DISTRIBUTION OF SUPPORT COLLECTED
FOR FAMILIES RECEIVING CASH ASSISTANCE.—Sec-
tion 457(a)(1) of the Social Security Act, as added
by the amendment made by subsection (a), shall be-
come effective on October 1, 1995.
294
SEC. 703. PRIVACY SAFEGUARDS.
(a) STATE PLAN REQUIREMENT.—Section 454 (42
U.S.C. 654) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(23);
(2) by striking the period at the end of para-
graph (24) and inserting ‘‘; and’’; and
(3) by adding after paragraph (24) the follow-
ing:
‘‘(25) will have in effect safeguards, applicable
to all confidential information handled by the State
agency, that are designed to protect the privacy
rights of the parties, including—
‘‘(A) safeguards against unauthorized use
or disclosure of information relating to proceed-
ings or actions to establish paternity, or to es-
tablish or enforce support;
‘‘(B) prohibitions against the release of in-
formation on the whereabouts of one party to
another party against whom a protective order
with respect to the former party has been en-
tered; and
‘‘(C) prohibitions against the release of in-
formation on the whereabouts of one party to
another party if the State has reason to believe
that the release of the information may result
295
in physical or emotional harm to the former
party.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall become effective on October 1, 1997.
Subtitle B—Locate and Case
Tracking
SEC. 711. STATE CASE REGISTRY.
Section 454A, as added by section 745(a)(2) of this
Act, is amended by adding at the end the following:
‘‘(e) STATE CASE REGISTRY.—
‘‘(1) CONTENTS.—The automated system re-
quired by this section shall include a registry (which
shall be known as the ‘State case registry’) that con-
tains records with respect to—
‘‘(A) each case in which services are being
provided by the State agency under the State
plan approved under this part; and
‘‘(B) each support order established or
modified in the State on or after October 1,
1998.
‘‘(2) LINKING
OF
LOCAL
REGISTRIES.—The
State case registry may be established by linking
local case registries of support orders through an
automated information network, subject to this sec-
tion.
296
‘‘(3)
USE
OF
STANDARDIZED
DATA
ELE-
MENTS.—Such records shall use standardized data
elements for both parents (such as names, social se-
curity numbers and other uniform identification
numbers, dates of birth, and case identification
numbers), and contain such other information (such
as on case status) as the Secretary may require.
‘‘(4) PAYMENT RECORDS.—Each case record in
the State case registry with respect to which services
are being provided under the State plan approved
under this part and with respect to which a support
order has been established shall include a record
of—
‘‘(A) the amount of monthly (or other peri-
odic) support owed under the order, and other
amounts (including arrears, interest or late
payment penalties, and fees) due or overdue
under the order;
‘‘(B) any amount described in subpara-
graph (A) that has been collected;
‘‘(C) the distribution of such collected
amounts;
‘‘(D) the birth date of any child for whom
the order requires the provision of support; and
297
‘‘(E) the amount of any lien imposed with
respect
to
the
order
pursuant
to
section
466(a)(4).
‘‘(5) UPDATING AND MONITORING.—The State
agency operating the automated system required by
this section shall promptly establish and maintain,
and regularly monitor, case records in the State case
registry with respect to which services are being pro-
vided under the State plan approved under this part,
on the basis of—
‘‘(A) information on administrative actions
and administrative and judicial proceedings and
orders relating to paternity and support;
‘‘(B) information obtained from compari-
son with Federal, State, or local sources of in-
formation;
‘‘(C) information on support collections
and distributions; and
‘‘(D) any other relevant information.
‘‘(f) INFORMATION COMPARISONS AND OTHER DIS-
CLOSURES OF INFORMATION.—The State shall use the
automated system required by this section to extract infor-
mation from (at such times, and in such standardized for-
mat or formats, as may be required by the Secretary), to
share and compare information with, and to receive infor-
298
mation from, other data bases and information compari-
son services, in order to obtain (or provide) information
necessary to enable the State agency (or the Secretary or
other State or Federal agencies) to carry out this part,
subject to section 6103 of the Internal Revenue Code of
1986. Such information comparison activities shall include
the following:
‘‘(1) FEDERAL CASE REGISTRY OF CHILD SUP-
PORT
ORDERS.—Furnishing to the Federal Case
Registry of Child Support Orders established under
section 453(h) (and update as necessary, with infor-
mation including notice of expiration of orders) the
minimum amount of information on child support
cases recorded in the State case registry that is nec-
essary to operate the registry (as specified by the
Secretary in regulations).
‘‘(2) FEDERAL
PARENT
LOCATOR
SERVICE.—
Exchanging information with the Federal Parent
Locator Service for the purposes specified in section
453.
‘‘(3)
TEMPORARY
FAMILY
ASSISTANCE
AND
MEDICAID AGENCIES.—Exchanging information with
State agencies (of the State and of other States) ad-
ministering programs funded under part A, pro-
grams operated under State plans under title XIX,
299
and other programs designated by the Secretary, as
necessary to perform State agency responsibilities
under this part and under such programs.
‘‘(4) INTRA-
AND
INTERSTATE
INFORMATION
COMPARISONS.—Exchanging information with other
agencies of the State, agencies of other States, and
interstate information networks, as necessary and
appropriate to carry out (or assist other States to
carry out) the purposes of this part.’’.
SEC. 712. COLLECTION AND DISBURSEMENT OF SUPPORT
PAYMENTS.
(a) STATE PLAN REQUIREMENT.—Section 454 (42
U.S.C. 654), as amended by section 703(a) of this Act,
is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(24);
(2) by striking the period at the end of para-
graph (25) and inserting ‘‘; and’’; and
(3) by adding after paragraph (25) the follow-
ing:
‘‘(26) provide that, on and after October 1,
1998, the State agency will—
‘‘(A) operate a State disbursement unit in
accordance with section 454B; and
300
‘‘(B) have sufficient State staff (consisting
of State employees) and (at State option) con-
tractors reporting directly to the State agency
to—
‘‘(i) monitor and enforce support col-
lections through the unit (including carry-
ing out the automated data processing re-
sponsibilities described in section 454A(g));
and
‘‘(ii) take the actions described in sec-
tion 466(c)(1) in appropriate cases.’’.
(b)
ESTABLISHMENT
OF
STATE
DISBURSEMENT
UNIT.—Part D of title IV (42 U.S.C. 651–669), as
amended by section 745(a)(2) of this Act, is amended by
inserting after section 454A the following:
‘‘SEC. 454B. COLLECTION AND DISBURSEMENT OF SUP-
PORT PAYMENTS.
‘‘(a) STATE DISBURSEMENT UNIT.—
‘‘(1) IN
GENERAL.—In order for a State to
meet the requirements of this section, the State
agency must establish and operate a unit (which
shall be known as the ‘State disbursement unit’) for
the collection and disbursement of payments under
support orders in all cases being enforced by the
State pursuant to section 454(4).
301
‘‘(2)
OPERATION.—The
State
disbursement
unit shall be operated—
‘‘(A) directly by the State agency (or 2 or
more State agencies under a regional coopera-
tive agreement), or (to the extent appropriate)
by a contractor responsible directly to the State
agency; and
‘‘(B) in coordination with the automated
system established by the State pursuant to
section 454A.
‘‘(3)
LINKING
OF
LOCAL
DISBURSEMENT
UNITS.—The State disbursement unit may be estab-
lished by linking local disbursement units through
an automated information network, subject to this
section. The Secretary must agree that the system
will not cost more nor take more time to establish
than a centralized system. In addition, employers
shall be given 1 location to which income withhold-
ing is sent.
‘‘(b) REQUIRED PROCEDURES.—The State disburse-
ment unit shall use automated procedures, electronic proc-
esses, and computer-driven technology to the maximum
extent feasible, efficient, and economical, for the collection
and disbursement of support payments, including proce-
dures—
302
‘‘(1) for receipt of payments from parents, em-
ployers, and other States, and for disbursements to
custodial parents and other obligees, the State agen-
cy, and the agencies of other States;
‘‘(2) for accurate identification of payments;
‘‘(3) to ensure prompt disbursement of the cus-
todial parent’s share of any payment; and
‘‘(4) to furnish to any parent, upon request,
timely information on the current status of support
payments under an order requiring payments to be
made by or to the parent.
‘‘(c) TIMING OF DISBURSEMENTS.—The State dis-
bursement unit shall distribute all amounts payable under
section 457(a) within 2 business days after receipt from
the employer or other source of periodic income, if suffi-
cient information identifying the payee is provided.
‘‘(d) BUSINESS DAY DEFINED.—As used in this sec-
tion, the term ‘business day’ means a day on which State
offices are open for regular business.’’.
(c) USE OF AUTOMATED SYSTEM.—Section 454A, as
added by section 745(a)(2) of this Act and as amended
by section 711 of this Act, is amended by adding at the
end the following:
‘‘(g) COLLECTION AND DISTRIBUTION OF SUPPORT
PAYMENTS.—
303
‘‘(1) IN
GENERAL.—The State shall use the
automated system required by this section, to the
maximum extent feasible, to assist and facilitate the
collection and disbursement of support payments
through the State disbursement unit operated under
section 454B, through the performance of functions,
including, at a minimum—
‘‘(A) transmission of orders and notices to
employers (and other debtors) for the withhold-
ing of wages (and other income)—
‘‘(i) within 2 business days after re-
ceipt (from a court, another State, an em-
ployer, the Federal Parent Locator Service,
or another source recognized by the State)
of notice of, and the income source subject
to, such withholding; and
‘‘(ii) using uniform formats prescribed
by the Secretary;
‘‘(B) ongoing monitoring to promptly iden-
tify failures to make timely payment of support;
and
‘‘(C) automatic use of enforcement proce-
dures (including procedures authorized pursu-
ant to section 466(c)) where payments are not
timely made.
304
‘‘(2) BUSINESS
DAY
DEFINED.—As used in
paragraph (1), the term ‘business day’ means a day
on which State offices are open for regular busi-
ness.’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall become effective on October 1, 1998.
SEC. 713. STATE DIRECTORY OF NEW HIRES.
(a) STATE PLAN REQUIREMENT.—Section 454 (42
U.S.C. 654), as amended by sections 703(a) and 712(a)
of this Act, is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(25);
(2) by striking the period at the end of para-
graph (26) and inserting ‘‘; and’’; and
(3) by adding after paragraph (26) the follow-
ing:
‘‘(27) provide that, on and after October 1,
1997, the State will operate a State Directory of
New Hires in accordance with section 453A.’’.
(b) STATE DIRECTORY OF NEW HIRES.—Part D of
title IV (42 U.S.C. 651–669) is amended by inserting
after section 453 the following:
‘‘SEC. 453A. STATE DIRECTORY OF NEW HIRES.
‘‘(a) ESTABLISHMENT.—
305
‘‘(1) IN GENERAL.—Not later than October 1,
1997, each State shall establish an automated direc-
tory (to be known as the ‘State Directory of New
Hires’) which shall contain information supplied in
accordance with subsection (b) by employers and
labor organizations on each newly hired employee.
‘‘(2) DEFINITIONS.—As used in this section:
‘‘(A) EMPLOYEE.—The term ‘employee’—
‘‘(i) means an individual who is an
employee within the meaning of chapter 24
of the Internal Revenue Code of 1986; and
‘‘(ii) does not include an employee of
a Federal or State agency performing in-
telligence or counterintelligence functions,
if the head of such agency has determined
that reporting pursuant to paragraph (1)
with respect to the employee could endan-
ger the safety of the employee or com-
promise an ongoing investigation or intel-
ligence mission.
‘‘(B) GOVERNMENTAL
EMPLOYERS.—The
term ‘employer’ includes any governmental en-
tity.
‘‘(C) LABOR
ORGANIZATION.—The term
‘labor organization’ shall have the meaning
306
given such term in section 2(5) of the National
Labor Relations Act, and includes any entity
(also known as a ‘hiring hall’) which is used by
the organization and an employer to carry out
requirements described in section 8(f)(3) of
such Act of an agreement between the organiza-
tion and the employer.
‘‘(b) EMPLOYER INFORMATION.—
‘‘(1) REPORTING REQUIREMENT.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), each employer shall furnish
to the Directory of New Hires of the State in
which a newly hired employee works a report
that contains the name, address, and social se-
curity number of the employee, and the name
of, and identifying number assigned under sec-
tion 6109 of the Internal Revenue Code of 1986
to, the employer.
‘‘(B) MULTISTATE EMPLOYERS.—An em-
ployer who has employees who are employed in
2 or more States may comply with subpara-
graph (A) by transmitting the report described
in subparagraph (A) magnetically or electroni-
cally to the State in which the greatest number
of employees of the employer are employed.
307
‘‘(2) TIMING OF REPORT.—The report required
by paragraph (1) with respect to an employee shall
be made not later than the later of—
‘‘(A) 15 days after the date the employer
hires the employee; or
‘‘(B) the date the employee first receives
wages or other compensation from the em-
ployer.
‘‘(c) REPORTING FORMAT AND METHOD.—Each re-
port required by subsection (b) shall be made on a W–
4 form or the equivalent, and may be transmitted by first
class mail, magnetically, or electronically.
‘‘(d) CIVIL MONEY PENALTIES ON NONCOMPLYING
EMPLOYERS.—
‘‘(1) IN GENERAL.—An employer that fails to
comply with subsection (b) with respect to an em-
ployee shall be subject to a civil money penalty of—
‘‘(A) $25; or
‘‘(B) $500 if, under State law, the failure
is the result of a conspiracy between the em-
ployer and the employee to not supply the re-
quired report or to supply a false or incomplete
report.
‘‘(2) APPLICABILITY OF SECTION 1128.—Section
1128 (other than subsections (a) and (b) of such
308
section) shall apply to a civil money penalty under
paragraph (1) of this subsection in the same manner
as such section applies to a civil money penalty or
proceeding under section 1128A(a).
‘‘(e) INFORMATION COMPARISONS.—
‘‘(1) IN GENERAL.—Not later than October 1,
1997, an agency designated by the State shall, di-
rectly or by contract, conduct automated compari-
sons of the social security numbers reported by em-
ployers pursuant to subsection (b) and the social se-
curity numbers appearing in the records of the State
case registry for cases being enforced under the
State plan.
‘‘(2) NOTICE OF MATCH.—When an information
comparison conducted under paragraph (1) reveals a
match with respect to the social security number of
an individual required to provide support under a
support order, the State Directory of New Hires
shall provide the agency administering the State
plan approved under this part of the appropriate
State with the name, address, and social security
number of the employee to whom the social security
number is assigned, and the name of, and identify-
ing number assigned under section 6109 of the In-
ternal Revenue Code of 1986 to, the employer.
309
‘‘(f) TRANSMISSION OF INFORMATION.—
‘‘(1) TRANSMISSION
OF
WAGE
WITHHOLDING
NOTICES TO EMPLOYERS.—Within 2 business days
after the date information regarding a newly hired
employee is entered into the State Directory of New
Hires, the State agency enforcing the employee’s
child support obligation shall transmit a notice to
the employer of the employee directing the employer
to withhold from the wages of the employee an
amount equal to the monthly (or other periodic)
child support obligation of the employee, unless the
employee’s wages are not subject to withholding pur-
suant to section 466(b)(3).
‘‘(2) TRANSMISSIONS TO THE NATIONAL DIREC-
TORY OF NEW HIRES.—
‘‘(A) NEW HIRE INFORMATION.—Within 4
business days after the State Directory of New
Hires receives information from employers pur-
suant to this section, the State Directory of
New Hires shall furnish the information to the
National Directory of New Hires.
‘‘(B) WAGE
AND
UNEMPLOYMENT
COM-
PENSATION
INFORMATION.—The State Direc-
tory of New Hires shall, on a quarterly basis,
furnish to the National Directory of New Hires
310
extracts of the reports required under section
303(a)(6) to be made to the Secretary of Labor
concerning the wages and unemployment com-
pensation paid to individuals, by such dates, in
such format, and containing such information
as the Secretary of Health and Human Services
shall specify in regulations.
‘‘(3) BUSINESS DAY DEFINED.—As used in this
subsection, the term ‘business day’ means a day on
which State offices are open for regular business.
‘‘(g) OTHER USES OF NEW HIRE INFORMATION.—
‘‘(1)
LOCATION
OF
CHILD
SUPPORT
OBLI-
GORS.—The agency administering the State plan ap-
proved under this part shall use information received
pursuant to subsection (e)(2) to locate individuals
for purposes of establishing paternity and establish-
ing, modifying, and enforcing child support obliga-
tions.
‘‘(2) VERIFICATION OF ELIGIBILITY FOR CER-
TAIN
PROGRAMS.—A State agency responsible for
administering a program specified in section 1137(b)
shall have access to information reported by employ-
ers pursuant to subsection (b) of this section for
purposes of verifying eligibility for the program.
311
‘‘(3) ADMINISTRATION OF EMPLOYMENT SECU-
RITY AND WORKERS COMPENSATION.—State agen-
cies operating employment security and workers’
compensation programs shall have access to informa-
tion reported by employers pursuant to subsection
(b) for the purposes of administering such pro-
grams.’’.
SEC. 714. AMENDMENTS CONCERNING INCOME WITHHOLD-
ING.
(a) MANDATORY INCOME WITHHOLDING.—
(1)
IN
GENERAL.—Section
466(a)(1)
(42
U.S.C. 666(a)(1)) is amended to read as follows:
‘‘(1) INCOME WITHHOLDING.—
‘‘(A) UNDER ORDERS ENFORCED UNDER
THE
STATE
PLAN.—Procedures described in
subsection (b) for the withholding from income
of amounts payable as support in cases subject
to enforcement under the State plan.
‘‘(B) UNDER CERTAIN ORDERS PREDATING
CHANGE IN REQUIREMENT.—Procedures under
which the wages of a person with a support ob-
ligation imposed by a support order issued (or
modified) in the State before October 1, 1996,
if not otherwise subject to withholding under
subsection (b), shall become subject to with-
312
holding as provided in subsection (b) if arrear-
ages occur, without the need for a judicial or
administrative hearing.’’.
(2) CONFORMING AMENDMENTS.—
(A) Section 466(a)(8)(B)(iii) (42 U.S.C.
666(a)(8)(B)(iii)) is amended—
(i) by striking ‘‘(5),’’; and
(ii) by inserting ‘‘, and, at the option
of the State, the requirements of sub-
section (b)(5)’’ before the period.
(B) Section 466(b) (42 U.S.C. 666(b)) is
amended in the matter preceding paragraph
(1), by striking ‘‘subsection (a)(1)’’ and insert-
ing ‘‘subsection (a)(1)(A)’’.
(C)
Section
466(b)(5)
(42
U.S.C.
666(b)(5)) is amended by striking all that fol-
lows
‘‘administered
by’’
and
inserting
‘‘the
State through the State disbursement unit es-
tablished pursuant to section 454B, in accord-
ance with the requirements of section 454B.’’.
(D)
Section
466(b)(6)(A)
(42
U.S.C.
666(b)(6)(A)) is amended—
(i) in clause (i), by striking ‘‘to the
appropriate agency’’ and all that follows
and inserting ‘‘to the State disbursement
313
unit within 2 business days after the date
the amount would (but for this subsection)
have been paid or credited to the employee,
for distribution in accordance with this
part.’’;
(ii) in clause (ii), by inserting ‘‘be in
a standard format prescribed by the Sec-
retary, and’’ after ‘‘shall’’; and
(iii) by adding at the end the follow-
ing:
‘‘(iii) As used in this subparagraph, the term
‘business day’ means a day on which State offices
are open for regular business.’’.
(E)
Section
466(b)(6)(D)
(42
U.S.C.
666(b)(6)(D)) is amended by striking ‘‘any em-
ployer’’ and all that follows and inserting the
following:
‘‘any employer who—
‘‘(i) discharges from employment, refuses
to employ, or takes disciplinary action against
any absent parent subject to wage withholding
required by this subsection because of the exist-
ence of such withholding and the obligations or
additional obligations which is imposes upon the
employer; or
314
‘‘(ii) fails to withhold support from wages,
or to pay such amounts to the State disburse-
ment unit in accordance with this subsection.’’.
(F) Section 466(b) (42 U.S.C. 666(b)) is
amended by adding at the end the following:
‘‘(11) Procedures under which the agency ad-
ministering the State plan approved under this part
may execute a withholding order through electronic
means and without advance notice to the obligor.’’.
(b) CONFORMING AMENDMENT.—Section 466(c) (42
U.S.C. 666(c)) is repealed.
SEC. 715. LOCATOR INFORMATION FROM INTERSTATE NET-
WORKS.
Section 466(a) (42 U.S.C. 666(a)) is amended by
adding at the end the following:
‘‘(12) LOCATOR
INFORMATION
FROM
INTER-
STATE NETWORKS.—Procedures to ensure that all
Federal and State agencies conducting activities
under this part have access to any system used by
the State to locate an individual for purposes relat-
ing to motor vehicles or law enforcement.’’.
315
SEC. 716. EXPANSION OF THE FEDERAL PARENT LOCATOR
SERVICE.
(a) EXPANDED AUTHORITY TO LOCATE INDIVID-
UALS
AND ASSETS.—Section 453 (42 U.S.C. 653) is
amended—
(1) in subsection (a), by striking all that follows
‘‘subsection (c))’’ and inserting ‘‘, for the purpose of
establishing
parentage,
establishing,
setting
the
amount of, modifying, or enforcing child support ob-
ligations—
‘‘(1) information on, or facilitating the discov-
ery of, the location of any individual—
‘‘(A) who is under an obligation to pay
child support;
‘‘(B) against whom such an obligation is
sought; or
‘‘(C) to whom such an obligation is owed,
including the individual’s social security number (or
numbers), most recent address, and the name, ad-
dress, and employer identification number of the in-
dividual’s employer; and
‘‘(2) information on the individual’s wages (or
other income) from, and benefits of, employment (in-
cluding rights to or enrollment in group health care
coverage).’’; and
316
(2) in subsection (b), in the matter preceding
paragraph (1), by striking ‘‘social security’’ and all
that follows through ‘‘absent parent’’ and inserting
‘‘information described in subsection (a)’’.
(b) REIMBURSEMENT FOR INFORMATION FROM FED-
ERAL
AGENCIES.—Section
453(e)(2)
(42
U.S.C.
653(e)(2)) is amended in the 4th sentence by inserting
‘‘in an amount which the Secretary determines to be rea-
sonable payment for the information exchange (which
amount shall not include payment for the costs of obtain-
ing, compiling, or maintaining the information)’’ before
the period.
(c)
REIMBURSEMENT
FOR
REPORTS
BY
STATE
AGENCIES.—Section 453 (42 U.S.C. 653) is amended by
adding at the end the following:
‘‘(g) The Secretary may reimburse Federal and State
agencies for the costs incurred by such entities in furnish-
ing information requested by the Secretary under this sec-
tion in an amount which the Secretary determines to be
reasonable payment for the information exchange (which
amount shall not include payment for the costs of obtain-
ing, compiling, or maintaining the information).’’.
(d) TECHNICAL AMENDMENTS.—
(1) Sections 452(a)(9), 453(a), 453(b), 463(a),
463(e), and 463(f) (42 U.S.C. 652(a)(9), 653(a),
317
653(b), 663(a), 663(e), and 663(f)) are each amend-
ed by inserting ‘‘Federal’’ before ‘‘Parent’’ each
place such term appears.
(2) Section 453 (42 U.S.C. 653) is amended in
the heading by adding ‘‘FEDERAL’’ before ‘‘PAR-
ENT’’.
(e) NEW COMPONENTS.—Section 453 (42 U.S.C.
653), as amended by subsection (c) of this section, is
amended by adding at the end the following:
‘‘(h) FEDERAL CASE REGISTRY OF CHILD SUPPORT
ORDERS.—
‘‘(1) IN GENERAL.—Not later than October 1,
1998, in order to assist States in administering pro-
grams under State plans approved under this part
and programs funded under part A, and for the
other purposes specified in this section, the Sec-
retary shall establish and maintain in the Federal
Parent
Locator
Service
an
automated
registry
(which shall be known as the ‘Federal Case Registry
of Child Support Orders’), which shall contain ab-
stracts of support orders and other information de-
scribed in paragraph (2) with respect to each case
in each State case registry maintained pursuant to
section 454A(e), as furnished (and regularly up-
318
dated), pursuant to section 454A(f), by State agen-
cies administering programs under this part.
‘‘(2) CASE INFORMATION.—The information re-
ferred to in paragraph (1) with respect to a case
shall be such information as the Secretary may
specify in regulations (including the names, social
security numbers or other uniform identification
numbers, and State case identification numbers) to
identify the individuals who owe or are owed support
(or with respect to or on behalf of whom support ob-
ligations are sought to be established), and the State
or States which have the case.
‘‘(i) NATIONAL DIRECTORY OF NEW HIRES.—
‘‘(1) IN GENERAL.—In order to assist States in
administering programs under State plans approved
under this part and programs funded under part A,
and for the other purposes specified in this section,
the Secretary shall, not later than October 1, 1996,
establish and maintain in the Federal Parent Loca-
tor Service an automated directory to be known as
the National Directory of New Hires, which shall
contain the information supplied pursuant to section
453A(f)(2).
‘‘(2)
ADMINISTRATION
OF
FEDERAL
TAX
LAWS.—The Secretary of the Treasury shall have
319
access to the information in the Federal Directory of
New Hires for purposes of administering section 32
of the Internal Revenue Code of 1986, or the ad-
vance payment of the earned income tax credit
under section 3507 of such Code, and verifying a
claim with respect to employment in a tax return.
‘‘(j) INFORMATION COMPARISONS AND OTHER DIS-
CLOSURES.—
‘‘(1) VERIFICATION BY SOCIAL SECURITY AD-
MINISTRATION.—
‘‘(A) The Secretary shall transmit informa-
tion on individuals and employers maintained
under this section to the Social Security Admin-
istration to the extent necessary for verification
in accordance with subparagraph (B).
‘‘(B) The Social Security Administration
shall verify the accuracy of, correct, or supply
to the extent possible, and report to the Sec-
retary, the following information supplied by
the Secretary pursuant to subparagraph (A):
‘‘(i) The name, social security num-
ber, and birth date of each such individual.
‘‘(ii) The employer identification num-
ber of each such employer.
320
‘‘(2)
INFORMATION
COMPARISONS.—For
the
purpose of locating individuals in a paternity estab-
lishment case or a case involving the establishment,
modification, or enforcement of a support order, the
Secretary shall—
‘‘(A) compare information in the National
Directory of New Hires against information in
the support order abstracts in the Federal Case
Registry of Child Support Orders not less often
than every 2 business days; and
‘‘(B) within 2 such days after such a com-
parison reveals a match with respect to an indi-
vidual, report the information to the State
agency responsible for the case.
‘‘(3) INFORMATION COMPARISONS AND DISCLO-
SURES OF INFORMATION IN ALL REGISTRIES FOR
TITLE IV PROGRAM PURPOSES.—To the extent and
with the frequency that the Secretary determines to
be effective in assisting States to carry out their re-
sponsibilities under programs operated under this
part and programs funded under part A, the Sec-
retary shall—
‘‘(A) compare the information in each com-
ponent of the Federal Parent Locator Service
maintained under this section against the infor-
321
mation in each other such component (other
than the comparison required by paragraph
(2)), and report instances in which such a com-
parison reveals a match with respect to an indi-
vidual to State agencies operating such pro-
grams; and
‘‘(B) disclose information in such registries
to such State agencies.
‘‘(4) PROVISION OF NEW HIRE INFORMATION
TO THE SOCIAL SECURITY ADMINISTRATION.—The
National Directory of New Hires shall provide the
Commissioner of Social Security with all information
in the National Directory, which shall be used to de-
termine the accuracy of payments under the supple-
mental security income program under title XVI and
in connection with benefits under title II.
‘‘(5) RESEARCH.—The Secretary may provide
access to information reported by employers pursu-
ant to section 453A(b) for research purposes found
by the Secretary to be likely to contribute to achiev-
ing the purposes of part A or this part, but without
personal identifiers.
‘‘(k) FEES.—
‘‘(1) FOR SSA VERIFICATION.—The Secretary
shall reimburse the Commissioner of Social Security,
322
at a rate negotiated between the Secretary and the
Commissioner, for the costs incurred by the Com-
missioner in performing the verification services de-
scribed in subsection (j).
‘‘(2) FOR INFORMATION FROM STATE DIREC-
TORIES OF NEW HIRES.—The Secretary shall reim-
burse costs incurred by State directories of new
hires in furnishing information as required by sub-
section (j)(3), at rates which the Secretary deter-
mines to be reasonable (which rates shall not include
payment for the costs of obtaining, compiling, or
maintaining such information).
‘‘(3) FOR INFORMATION FURNISHED TO STATE
AND FEDERAL AGENCIES.—A State or Federal agen-
cy that receives information from the Secretary pur-
suant to this section shall reimburse the Secretary
for costs incurred by the Secretary in furnishing the
information, at rates which the Secretary determines
to be reasonable (which rates shall include payment
for the costs of obtaining, verifying, maintaining,
and comparing the information).
‘‘(l) RESTRICTION ON DISCLOSURE AND USE.—In-
formation in the Federal Parent Locator Service, and in-
formation resulting from comparisons using such informa-
tion, shall not be used or disclosed except as expressly pro-
323
vided in this section, subject to section 6103 of the Inter-
nal Revenue Code of 1986.
‘‘(m) INFORMATION INTEGRITY
AND SECURITY.—
The Secretary shall establish and implement safeguards
with respect to the entities established under this section
designed to—
‘‘(1) ensure the accuracy and completeness of
information in the Federal Parent Locator Service;
and
‘‘(2) restrict access to confidential information
in the Federal Parent Locator Service to authorized
persons, and restrict use of such information to au-
thorized purposes.’’.
(f) CONFORMING AMENDMENTS.—
(1) TO PART D OF TITLE IV OF THE SOCIAL SE-
CURITY
ACT.—Section
454(8)(B)
(42
U.S.C.
654(8)(B)) is amended to read as follows:
‘‘(B) the Federal Parent Locator Service
established under section 453;’’.
(2) TO FEDERAL UNEMPLOYMENT TAX ACT.—
Section 3304(a)(16) of the Internal Revenue Code of
1986 is amended—
(A) by striking ‘‘Secretary of Health, Edu-
cation, and Welfare’’ each place such term ap-
324
pears and inserting ‘‘Secretary of Health and
Human Services’’;
(B)
in
subparagraph
(B),
by
striking
‘‘such information’’ and all that follows and in-
serting ‘‘information furnished under subpara-
graph (A) or (B) is used only for the purposes
authorized under such subparagraph;’’;
(C) by striking ‘‘and’’ at the end of sub-
paragraph (A);
(D) by redesignating subparagraph (B) as
subparagraph (C); and
(E) by inserting after subparagraph (A)
the following new subparagraph:
‘‘(B) wage and unemployment compensa-
tion information contained in the records of
such agency shall be furnished to the Secretary
of Health and Human Services (in accordance
with
regulations
promulgated
by
such
Sec-
retary) as necessary for the purposes of the Na-
tional Directory of New Hires established under
section 453(i) of the Social Security Act, and’’.
(3) TO STATE GRANT PROGRAM UNDER TITLE
III OF THE SOCIAL SECURITY ACT.—Section 303(a)
(42 U.S.C. 503(a)) is amended—
325
(A) by striking ‘‘and’’ at the end of para-
graph (8);
(B) by striking ‘‘and’’ at the end of para-
graph (9);
(C) by striking the period at the end of
paragraph (10) and inserting ‘‘; and’’; and
(D) by adding after paragraph (10) the
following:
‘‘(11) The making of quarterly electronic re-
ports, at such dates, in such format, and containing
such information, as required by the Secretary of
Health and Human Services under section 453(i)(3),
and compliance with such provisions as such Sec-
retary may find necessary to ensure the correctness
and verification of such reports.’’.
SEC. 717. COLLECTION AND USE OF SOCIAL SECURITY
NUMBERS FOR USE IN CHILD SUPPORT EN-
FORCEMENT.
(a) STATE LAW REQUIREMENT.—Section 466(a) (42
U.S.C. 666(a)), as amended by section 715 of this Act,
is amended by adding at the end the following:
‘‘(13) RECORDING OF SOCIAL SECURITY NUM-
BERS
IN
CERTAIN
FAMILY
MATTERS.—Procedures
requiring that the social security number of—
326
‘‘(A) any applicant for a professional li-
cense, commercial driver’s license, occupational
license, or marriage license be recorded on the
application;
‘‘(B) any individual who is subject to a di-
vorce decree, support order, or paternity deter-
mination or acknowledgment be placed in the
records relating to the matter; and
‘‘(C) any individual who has died be placed
in the records relating to the death and be re-
corded on the death certificate.’’.
(b)
CONFORMING
AMENDMENTS.—Section
205(c)(2)(C) (42 U.S.C. 405(c)(2)(C)), as amended by
section 321(a)(9) of the Social Security Independence and
Program Improvements Act of 1994, is amended—
(1) in clause (i), by striking ‘‘may require’’ and
inserting ‘‘shall require’’;
(2) in clause (ii), by inserting after the 1st sen-
tence the following: ‘‘In the administration of any
law involving the issuance of a marriage certificate
or license, each State shall require each party named
in the certificate or license to furnish to the State
(or political subdivision thereof) or any State agency
having administrative responsibility for the law in-
volved, the social security number of the party.’’;
327
(3) in clause (vi), by striking ‘‘may’’ and insert-
ing ‘‘shall’’; and
(4) by adding at the end the following:
‘‘(x) An agency of a State (or a politi-
cal subdivision thereof) charged with the
administration of any law concerning the
issuance or renewal of a license, certificate,
permit, or other authorization to engage in
a profession, an occupation, or a commer-
cial activity shall require all applicants for
issuance or renewal of the license, certifi-
cate, permit, or other authorization to pro-
vide the applicant’s social security number
to the agency for the purpose of admin-
istering such laws, and for the purpose of
responding
to
requests
for
information
from an agency operating pursuant to part
D of title IV.
‘‘(xi) All divorce decrees, support or-
ders, and paternity determinations issued,
and all paternity acknowledgments made,
in each State shall include the social secu-
rity number of each party to the decree,
order, determination, or acknowledgement
in the records relating to the matter.’’.
328
Subtitle C—Streamlining and
Uniformity of Procedures
SEC. 721. ADOPTION OF UNIFORM STATE LAWS.
Section 466 (42 U.S.C. 666) is amended by adding
at the end the following:
‘‘(f)
UNIFORM
INTERSTATE
FAMILY
SUPPORT
ACT.—
‘‘(1) ENACTMENT AND USE.—In order to sat-
isfy section 454(20)(A) on or after January 1, 1997,
each State must have in effect the Uniform Inter-
state Family Support Act, as approved by the Na-
tional Conference of Commissioners on Uniform
State Laws in August 1992 (with the modifications
and additions specified in this subsection), and the
procedures required to implement such Act.
‘‘(2) EXPANDED APPLICATION.—The State law
enacted pursuant to paragraph (1) shall be applied
to any case involving an order which is established
or modified in a State and which is sought to be
modified or enforced in another State.
‘‘(3) JURISDICTION TO MODIFY ORDERS.—The
State law enacted pursuant to paragraph (1) of this
subsection shall contain the following provision in
lieu of section 611(a)(1) of the Uniform Interstate
Family Support Act:
329
‘‘ ‘(1) the following requirements are met:
‘‘ ‘(i) the child, the individual obligee, and
the obligor—
‘‘ ‘(I) do not reside in the issuing
State; and
‘‘ ‘(II) either reside in this State or
are subject to the jurisdiction of this State
pursuant to section 201; and
‘‘ ‘(ii) (in any case where another State is
exercising or seeks to exercise jurisdiction to
modify the order) the conditions of section 204
are met to the same extent as required for pro-
ceedings to establish orders; or’.
‘‘(4) SERVICE OF PROCESS.—The State law en-
acted pursuant to paragraph (1) shall provide that,
in any proceeding subject to the law, process may be
served (and proved) upon persons in the State by
any means acceptable in any State which is the initi-
ating or responding State in the proceeding.’’.
SEC. 722. IMPROVEMENTS TO FULL FAITH AND CREDIT
FOR CHILD SUPPORT ORDERS.
Section 1738B of title 28, United States Code, is
amended—
(1) in subsection (a)(2), by striking ‘‘subsection
(e)’’ and inserting ‘‘subsections (e), (f), and (i)’’;
330
(2) in subsection (b), by inserting after the 2nd
undesignated paragraph the following:
‘‘ ‘child’s home State’ means the State in which
a child lived with a parent or a person acting as par-
ent for at least six consecutive months immediately
preceding the time of filing of a petition or com-
parable pleading for support and, if a child is less
than six months old, the State in which the child
lived from birth with any of them. A period of tem-
porary absence of any of them is counted as part of
the six-month period.’’;
(3) in subsection (c), by inserting ‘‘by a court
of a State’’ before ‘‘is made’’;
(4) in subsection (c)(1), by inserting ‘‘and sub-
sections (e), (f), and (g)’’ after ‘‘located’’;
(5) in subsection (d)—
(A) by inserting ‘‘individual’’ before ‘‘con-
testant’’; and
(B) by striking ‘‘subsection (e)’’ and in-
serting ‘‘subsections (e) and (f)’’;
(6) in subsection (e), by striking ‘‘make a modi-
fication of a child support order with respect to a
child that is made’’ and inserting ‘‘modify a child
support order issued’’;
331
(7) in subsection (e)(1), by inserting ‘‘pursuant
to subsection (i)’’ before the semicolon;
(8) in subsection (e)(2)—
(A) by inserting ‘‘individual’’ before ‘‘con-
testant’’ each place such term appears; and
(B) by striking ‘‘to that court’s making the
modification and assuming’’ and inserting ‘‘with
the State of continuing, exclusive jurisdiction
for a court of another State to modify the order
and assume’’;
(9) by redesignating subsections (f) and (g) as
subsections (g) and (h), respectively;
(10) by inserting after subsection (e) the follow-
ing:
‘‘(f) RECOGNITION OF CHILD SUPPORT ORDERS.—
If one or more child support orders have been issued in
this or another State with regard to an obligor and a child,
a court shall apply the following rules in determining
which order to recognize for purposes of continuing, exclu-
sive jurisdiction and enforcement:
‘‘(1) If only one court has issued a child sup-
port order, the order of that court must be recog-
nized.
‘‘(2) If two or more courts have issued child
support orders for the same obligor and child, and
332
only one of the courts would have continuing, exclu-
sive jurisdiction under this section, the order of that
court must be recognized.
‘‘(3) If two or more courts have issued child
support orders for the same obligor and child, and
only one of the courts would have continuing, exclu-
sive jurisdiction under this section, an order issued
by a court in the current home State of the child
must be recognized, but if an order has not been is-
sued in the current home State of the child, the
order most recently issued must be recognized.
‘‘(4) If two or more courts have issued child
support orders for the same obligor and child, and
none of the courts would have continuing, exclusive
jurisdiction under this section, a court may issue a
child support order, which must be recognized.
‘‘(5) The court that has issued an order recog-
nized under this subsection is the court having con-
tinuing, exclusive jurisdiction.’’;
(11) in subsection (g) (as so redesignated)—
(A) by striking ‘‘PRIOR’’ and inserting
‘‘MODIFIED’’; and
(B) by striking ‘‘subsection (e)’’ and in-
serting ‘‘subsections (e) and (f)’’;
(12) in subsection (h) (as so redesignated)—
333
(A) in paragraph (2), by inserting ‘‘includ-
ing the duration of current payments and other
obligations of support’’ before the comma; and
(B) in paragraph (3), by inserting ‘‘arrears
under’’ after ‘‘enforce’’; and
(13) by adding at the end the following:
‘‘(i) REGISTRATION FOR MODIFICATION.—If there is
no individual contestant or child residing in the issuing
State, the party or support enforcement agency seeking
to modify, or to modify and enforce, a child support order
issued in another State shall register that order in a State
with jurisdiction over the nonmovant for the purpose of
modification.’’.
SEC. 723. ADMINISTRATIVE ENFORCEMENT IN INTERSTATE
CASES.
Section 466(a) (42 U.S.C. 666(a)), as amended by
sections 715 and 717(a) of this Act, is amended by adding
at the end the following:
‘‘(14)
ADMINISTRATIVE
ENFORCEMENT
IN
INTERSTATE CASES.—Procedures under which—
‘‘(A)(i) the State shall respond within 5
business days to a request made by another
State to enforce a support order; and
334
‘‘(ii) the term ‘business day’ means a day
on which State offices are open for regular
business;
‘‘(B) the State may, by electronic or other
means, transmit to another State a request for
assistance in a case involving the enforcement
of a support order, which request—
‘‘(i) shall include such information as
will enable the State to which the request
is transmitted to compare the information
about the case to the information in the
data bases of the State; and
‘‘(ii) shall constitute a certification by
the requesting State—
‘‘(I) of the amount of support
under the order the payment of which
is in arrears; and
‘‘(II) that the requesting State
has complied with all procedural due
process requirements applicable to the
case;
‘‘(C) if the State provides assistance to an-
other State pursuant to this paragraph with re-
spect to a case, neither State shall consider the
335
case to be transferred to the caseload of such
other State; and
‘‘(D) the State shall maintain records of—
‘‘(i) the number of such requests for
assistance received by the State;
‘‘(ii) the number of cases for which
the State collected support in response to
such a request; and
‘‘(iii) the amount of such collected
support.’’.
SEC. 724. USE OF FORMS IN INTERSTATE ENFORCEMENT.
(a) PROMULGATION.—Section 452(a) (42 U.S.C.
652(a)) is amended—
(1) by striking ‘‘and’’ at the end of parargraph
(9);
(2) by striking the period at the end of para-
graph (10) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(11) not later than June 30, 1996, promulgate
forms to be used by States in interstate cases for—
‘‘(A) collection of child support through in-
come withholding;
‘‘(B) imposition of liens; and
‘‘(C) administrative subpoenas.’’.
336
(b) USE BY STATES.—Section 454(9) (42 U.S.C.
654(9)) is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (C);
(2) by inserting ‘‘and’’ at the end of subpara-
graph (D); and
(3) by adding at the end the following:
‘‘(E) no later than October 1, 1996, in
using the forms promulgated pursuant to sec-
tion 452(a)(11) for income withholding, imposi-
tion of liens, and issuance of administrative
subpoenas in interstate child support cases;’’.
SEC.
725.
STATE
LAWS
PROVIDING
EXPEDITED
PROCE-
DURES.
(a) STATE LAW REQUIREMENTS.—Section 466 (42
U.S.C. 666), as amended by section 714 of this Act, is
amended—
(1) in subsection (a)(2), by strking the 1st sen-
tence and inserting the following: ‘‘Expedited admin-
istrative and judicial procedures (including the pro-
cedures specified in subsection (c)) for establishing
paternity and for establishing, modifying, and en-
forcing support obligations.’’; and
(2) by inserting after subsection (b) the follow-
ing:
337
‘‘(c)
EXPEDITED
PROCEDURES.—The
procedures
specified in this subsection are the following:
‘‘(1) ADMINISTRATIVE ACTION BY STATE AGEN-
CY.—Procedures which give the State agency the au-
thority to take the following actions relating to es-
tablishment or enforcement of support orders, with-
out the necessity of obtaining an order from any
other judicial or administrative tribunal (but subject
to due process safeguards, including (as appropriate)
requirements for notice, opportunity to contest the
action, and opportunity for an appeal on the record
to an independent administrative or judicial tribu-
nal), and to recognize and enforce the authority of
State agencies of other States) to take the following
actions:
‘‘(A) GENETIC TESTING.—To order genetic
testing for the purpose of paternity establish-
ment as provided in section 466(a)(5).
‘‘(B) DEFAULT ORDERS.—To enter a de-
fault order, upon a showing of service of proc-
ess and any additional showing required by
State law—
‘‘(i) establishing paternity, in the case
of a putative father who refuses to submit
to genetic testing; and
338
‘‘(ii) establishing or modifying a sup-
port obligation, in the case of a parent (or
other obligor or obligee) who fails to re-
spond to notice to appear at a proceeding
for such purpose.
‘‘(C) SUBPOENAS.—To subpoena any fi-
nancial or other information needed to estab-
lish, modify, or enforce a support order, and to
impose penalties for failure to respond to such
a subpoena.
‘‘(D) ACCESS TO PERSONAL AND FINAN-
CIAL INFORMATION.—To obtain access, subject
to safeguards on privacy and information secu-
rity, to the records of all other State and local
government agencies (including law enforcement
and corrections records), including automated
access to records maintained in automated data
bases.
‘‘(E) CHANGE IN PAYEE.—In cases where
support is subject to an assignment in order to
comply with a requirement imposed pursuant to
part A or section 1912, or to a requirement to
pay through the State disbursement unit estab-
lished pursuant to section 454B, upon provid-
ing notice to obligor and obligee, to direct the
339
obligor or other payor to change the payee to
the appropriate government entity.
‘‘(F) INCOME
WITHHOLDING.—To order
income withholding in accordance with sub-
sections (a)(1) and (b) of section 466.
‘‘(G)
SECURING
ASSETS.—In
cases
in
which there is a support arrearage, to secure
assets to satisfy the arrearage by—
‘‘(i) intercepting or seizing periodic or
lump sum payments from—
‘‘(I) a State or local agency (in-
cluding unemployment compensation,
workers’ compensation, and other ben-
efits); and
‘‘(II) judgments, settlements, and
lotteries;
‘‘(ii) attaching and seizing assets of
the obligor held in financial institutions;
and
‘‘(iii) attaching public and private re-
tirement funds.
‘‘(H) INCREASE
MONTHLY
PAYMENTS.—
For the purpose of securing overdue support, to
increase the amount of monthly support pay-
ments to include amounts for arrearages (sub-
340
ject to such conditions or limitations as the
State may provide).
‘‘(2) SUBSTANTIVE AND PROCEDURAL RULES.—
The expedited procedures required under subsection
(a)(2) shall include the following rules and author-
ity, applicable with respect to all proceedings to es-
tablish paternity or to establish, modify, or enforce
support orders:
‘‘(A) LOCATOR
INFORMATION;
PRESUMP-
TIONS
CONCERNING
NOTICE.—Procedures
under which—
‘‘(i) each party to any paternity or
child support proceeding is required (sub-
ject to privacy safeguards) to file with the
tribunal and the State case registry upon
entry of an order, and to update as appro-
priate, information on location and identity
of the party (including social security num-
ber, residential and mailing addresses, tele-
phone number, driver’s license number,
and name, address, and name and tele-
phone number of employer); and
‘‘(ii) in any subsequent child support
enforcement action between the parties,
upon sufficient showing that diligent effort
341
has been made to ascertain the location of
such a party, the tribunal may deem State
due process requirements for notice and
service of process to be met with respect to
the party, upon delivery of written notice
to the most recent residential or employer
address filed with the tribunal pursuant to
clause (i).
‘‘(B) STATEWIDE
JURISDICTION.—Proce-
dures under which—
‘‘(i) the State agency and any admin-
istrative or judicial tribunal with authority
to hear child support and paternity cases
exerts statewide jurisdiction over the par-
ties; and
‘‘(ii) in a State in which orders are is-
sued by courts or administrative tribunals,
a case may be transferred between admin-
istrative areas in the State without need
for any additional filing by the petitioner,
or service of process upon the respondent,
to retain jurisdiction over the parties.’’.
(b) AUTOMATION OF STATE AGENCY FUNCTIONS.—
Section 454A, as added by section 745(a)(2) of this Act
342
and as amended by sections 711 and 712(c) of this Act,
is amended by adding at the end the following:
‘‘(h) EXPEDITED ADMINISTRATIVE PROCEDURES.—
The automated system required by this section shall be
used, to the maximum extent feasible, to implement the
expedited administrative procedures required by section
466(c).’’.
Subtitle D—Paternity
Establishment
SEC. 731. STATE LAWS CONCERNING PATERNITY ESTAB-
LISHMENT.
(a) STATE LAWS REQUIRED.—Section 466(a)(5) (42
U.S.C. 666(a)(5)) is amended to read as follows:
‘‘(5) PROCEDURES CONCERNING PATERNITY ES-
TABLISHMENT.—
‘‘(A)
ESTABLISHMENT
PROCESS
AVAIL-
ABLE FROM BIRTH UNTIL AGE 18.—
‘‘(i) Procedures which permit the es-
tablishment of the paternity of a child at
any time before the child attains 18 years
of age.
‘‘(ii) As of August 16, 1984, clause (i)
shall also apply to a child for whom pater-
nity has not been established or for whom
a paternity action was brought but dis-
343
missed becasue a statute of limitations of
less than 18 years was then in effect in the
State.
‘‘(B) PROCEDURES CONCERNING GENETIC
TESTING.—
‘‘(i) GENETIC TESTING REQUIRED IN
CERTAIN CONTESTED CASES.—Procedures
under which the State is required, in a
contested paternity case, to require the
child and all other parties (other than indi-
viduals found under section 454(28) to
have good cause for refusing to cooperate)
to submit to genetic tests upon the request
of any such party if the request is sup-
ported
by
a
sworn
statement
by
the
party—
‘‘(I) alleging paternity, and set-
ting forth facts establishing a reason-
able possibility of the requisite sexual
contact between the parties; or
‘‘(II) denying paternity, and set-
ting forth facts establishing a reason-
able possibility of the nonexistence of
sexual contact between the parties.
344
‘‘(ii) OTHER REQUIREMENTS.—Proce-
dures which require the State agency, in
any case in which the agency orders ge-
netic testing—
‘‘(I) to pay costs of such tests,
subject
to
recoupment
(where
the
State so elects) from the alleged fa-
ther if paternity is established; and
‘‘(II) to obtain additional testing
in any case where an original test re-
sult is contested, upon request and
advance payment by the contestant.
‘‘(C) VOLUNTARY
PATERNITY
ACKNOWL-
EDGMENT.—
‘‘(i) SIMPLE CIVIL PROCESS.—Proce-
dures for a simple civil process for volun-
tarily acknowledging paternity under which
the State must provide that, before a
mother and a putative father can sign an
acknowledgment of paternity, the mother
and the putative father must be given no-
tice, orally, in writing, and in a language
that each can understand, of the alter-
natives to, the legal consequences of, and
the rights (including, if 1 parent is a
345
minor, any rights afforded due to minority
status) and responsibilities that arise from,
signing the acknowledgment.
‘‘(ii)
HOSPITAL-BASED
PROGRAM.—
Such procedures must include a hospital-
based program for the voluntary acknowl-
edgment of paternity focusing on the pe-
riod immediately before or after the birth
of a child.
‘‘(iii)
PATERNITY
ESTABLISHMENT
SERVICES.—
‘‘(I)
STATE-OFFERED
SERV-
ICES.—Such procedures must require
the State agency responsible for main-
taining birth records to offer vol-
untary paternity establishment serv-
ices.
‘‘(II) REGULATIONS.—
‘‘(aa)
SERVICES
OFFERED
BY
HOSPITALS
AND
BIRTH
RECORD
AGENCIES.—The
Sec-
retary shall prescribe regulations
governing voluntary paternity es-
tablishment services offered by
346
hospitals and birth record agen-
cies.
‘‘(bb)
SERVICES
OFFERED
BY OTHER ENTITIES.—The Sec-
retary shall prescribe regulations
specifying the types of other enti-
ties that may offer voluntary pa-
ternity
establishment
services,
and governing the provision of
such services, which shall include
a requirement that such an entity
must use the same notice provi-
sions used by, use the same ma-
terials used by, provide the per-
sonnel
providing
such
services
with the same training provided
by, and evaluate the provision of
such services in the same manner
as the provision of such services
is evaluated by, voluntary pater-
nity establishment programs of
hospitals and birth record agen-
cies.
‘‘(iv) USE
OF
FEDERAL
PATERNITY
ACKNOWLEDGMENT
AFFIDAVIT.—Such
460
‘‘(c) LENGTH OF DEEMED INCOME PERIOD.—The re-
quirement of subsection (a) shall apply for the period for
which the sponsor has agreed, in such affidavit or agree-
ment, to provide support for such individual, or for a pe-
riod of 5 years beginning on the date such individual was
first lawfully in the United States after the execution of
such affidavit or agreement, whichever period is longer.
‘‘(d) DEEMED INCOME AUTHORITY TO STATE AND
LOCAL AGENCIES.—
‘‘(1) IN GENERAL.—For purposes of determining
the eligibility of an individual (whether a citizen or
national of the United States or an alien) for assist-
ance, and the amount of assistance, under any State
or local program of assistance authorized under this
Act for which eligibility is based on need, or any
need-based program of assistance authorized under
this Act and administered by a State or local govern-
ment other than a program described in subsection
(a), the State or local government may, notwithstand-
ing any other provision of law, require that the in-
come and resources described in subsection (b) be
deemed to be the income and resources of such indi-
vidual.
‘‘(2) LENGTH OF DEEMING PERIOD.—A State or
local government may impose a requirement described
518
(2) APPLICATION TO CURRENT RECIPIENTS.—
(A) CONTINUING DISABILITY REVIEWS.—Not
later than 1 year after the date of the enactment
of this Act, the Commissioner of Social Security
shall redetermine pursuant to the procedures of
title XVI of the Social Security Act the eligi-
bility of any individual who is receiving supple-
mental security income benefits under title XVI
of the Social Security Act as of the date of the
enactment of this Act and whose eligibility for
such benefits would terminate by reason of the
amendments made by subsection (a) or (b). The
Commissioner of Social Security shall give rede-
termination reviews under this subparagraph
priority over other redetermination reviews.
(B) GRANDFATHER
AND
HOLD
HARM-
LESS.—The amendments made by subsections (a)
and (b), and the redetermination under subpara-
graph (A), shall only apply with respect to the
benefits of an individual described in subpara-
graph (A) for months beginning on or after Jan-
uary 1, 1997, and such individual shall be held
harmless for any payment of benefits made until
such date.