(1) Section 205(c)(2)(C)(vi) of the Social Secu-
rity Act (42 U.S.C. 405(c)(2)(C)(vi)), as so redesig-
nated by section 321(a)(9)(B) of the Social Security
Independence and Program Improvements Act of
1994, is amended—
(A) by inserting ‘‘an agency administering
a program funded under part A of title IV or’’
before ‘‘an agency operating’’; and
(B) by striking ‘‘A or D of title IV of this
Act’’ and inserting ‘‘D of such title’’.
(2) Section 228(d)(1) of such Act (42 U.S.C.
428(d)(1)) is amended by inserting ‘‘under a State
program funded under’’ before ‘‘part A of title IV’’.
(b) AMENDMENTS TO PART D OF TITLE IV.—
(1) Section 451 of such Act (42 U.S.C. 651) is
amended by striking ‘‘aid’’ and inserting ‘‘assistance
under a State program funded’’.
(2) Section 452(a)(10)(C) of such Act (42
U.S.C. 652(a)(10)(C)) is amended—
(A) by striking ‘‘aid to families with de-
pendent children’’ and inserting ‘‘assistance
under a State program funded under part A’’;
and
(B) by striking ‘‘such aid’’ and inserting
‘‘such assistance’’; and
(C) by striking ‘‘under section 402(a)(26)’’
and inserting ‘‘pursuant to section 405(a)(8)’’.
(3) Section 452(a)(10)(F) of such Act (42
U.S.C. 652(a)(10)(F)) is amended—
(A) by striking ‘‘aid under a State plan ap-
proved’’ and inserting ‘‘assistance under a State
program funded’’; and
(B) by striking ‘‘in accordance with the
standards
referred
to
in
section
402(a)(26)(B)(ii)’’
and
inserting
‘‘by
the
State’’.
(4) Section 452(b) of such Act (42 U.S.C.
652(b)) is amended in the last sentence by striking
‘‘plan approved under part A’’ and inserting ‘‘pro-
gram funded under part A’’.
(5) Section 452(d)(3)(B)(i) of such Act (42
U.S.C.
652(d)(3)(B)(i))
is
amended
by
striking
‘‘1115(c)’’ and inserting ‘‘1115(b)’’.
(6) Section 452(g)(2)(A)(ii)(I) of such Act (42
U.S.C. 652(g)(2)(A)(ii)(I)) is amended by striking
‘‘aid is being paid under the State’s plan approved’’
and inserting ‘‘assistance is being provided under
the State program funded under’’.
(7)
Section
452(g)(2)(A)
of
such
Act
(42
U.S.C. 652(g)(2)(A)) is amended in the matter fol-
lowing clause (iii) by striking ‘‘aid was being paid
under the State’s plan approved’’ and inserting ‘‘as-
sistance was being provided under the State pro-
gram funded’’.
(8) Section 452(g)(2) of such Act (42 U.S.C.
652(g)(2)) is amended in the matter following sub-
paragraph (B)—
(A) by striking ‘‘who is a dependent child
by reason of the death of a parent’’ and insert-
ing ‘‘with respect to whom assistance is being
provided under the State program funded under
part A’’; and
(B) by inserting ‘‘by the State agency ad-
ministering the State plan approved under this
part’’ after ‘‘found’’;
(C) by striking ‘‘under section 402(a)(26)’’
and inserting ‘‘pursuant to section 405(a)(8)’’;
and
(D) by striking ‘‘administering the plan
under part E determines (as provided in section
454(4)(B))’’ and inserting ‘‘determines’’.
(9) Section 452(h) of such Act (42 U.S.C.
652(h)) is amended by striking ‘‘under section
402(a)(26)’’
and
inserting
‘‘pursuant
to
section
405(a)(8)’’.
(10) Section 454(5) of such Act (42 U.S.C.
654(5)) is amended—
(A) by striking ‘‘under section 402(a)(26)’’
and inserting ‘‘pursuant to section 405(a)(8)’’;
and
(B) by striking ‘‘except that this para-
graph shall not apply to such payments for any
month following the first month in which the
amount collected is sufficient to make such
family ineligible for assistance under the State
plan approved under part A;’’.
(11) Section 454(6)(D) of such Act (42 U.S.C.
654(6)(D)) is amended by striking ‘‘aid under a
State
plan
approved’’
and
inserting
‘‘assistance
under a State program funded’’.
(12) Section 456 of such Act (42 U.S.C. 656)
is amended by striking ‘‘under section 402(a)(26)’’
each place such term appears and inserting ‘‘pursu-
ant to section 405(a)(8)’’.
(13) Section 466(a)(3)(B) of such Act (42
U.S.C.
666(a)(3)(B))
is
amended
by
striking
‘‘402(a)(26)’’ and inserting ‘‘405(a)(8)’’.
(14) Section 466(b)(2) of such Act (42 U.S.C.
666(b)(2)) is amended by striking ‘‘aid’’ and insert-
ing ‘‘assistance under a State program funded’’.
(c) REPEAL OF PART F OF TITLE IV.—Part F of
title IV of such Act (42 U.S.C. 681–687) is hereby re-
pealed.
(d) AMENDMENT TO TITLE X.—Section 1002(a)(7)
of such Act (42 U.S.C. 1202(a)(7)) is amended by striking
‘‘aid to families with dependent children under the State
plan approved under section 402 of this Act’’ and insert-
ing ‘‘assistance under a State program funded under part
A of title IV’’.
(e) AMENDMENTS TO TITLE XI.—
(1) Section 1108 of such Act (42 U.S.C. 1308)
is amended—
(A) by striking subsections (a), (b), (d),
and (e); and
(B) by striking ‘‘(c)’’.
(2) Section 1109 of such Act (42 U.S.C. 1309)
is amended by striking ‘‘or part A of title IV,’’.
(3) Section 1115(a) of such Act (42 U.S.C.
1315(a)) is amended—
(A) in the matter preceding paragraph (1),
by striking ‘‘A or’’;
(B) in paragraph (1), by striking ‘‘402,’’;
and
(C) in paragraph (2), by striking ‘‘403,’’.
(4) Section 1116 of such Act (42 U.S.C. 1316)
is amended—
(A) in each of subsections (a)(1), (b), and
(d), by striking ‘‘or part A of title IV,’’; and
(B)
in
subsection
(a)(3),
by
striking
‘‘404,’’.
(5) Section 1118 of such Act (42 U.S.C. 1318)
is amended—
(A) by striking ‘‘403(a),’’;
(B) by striking ‘‘and part A of title IV,’’;
and
(C) by striking ‘‘, and shall, in the case of
American Samoa, mean 75 per centum with re-
spect to part A of title IV’’.
(6) Section 1119 of such Act (42 U.S.C. 1319)
is amended—
(A) by striking ‘‘or part A of title IV’’; and
(B) by striking ‘‘403(a),’’.
(7) Section 1133(a) of such Act (42 U.S.C.
1320b–3(a)) is amended by striking ‘‘or part A of
title IV,’’.
(8) Section 1136 of such Act (42 U.S.C.
1320b–6) is hereby repealed.
(9) Section 1137 of such Act (42 U.S.C.
1320b–7) is amended—
(A) in subsection (b), by striking para-
graph (1) and inserting the following:
‘‘(1) any State program funded under part A of
title IV of this Act;’’; and
(B) in subsection (d)(1)(B)—
(i) by striking ‘‘In this subsection—’’
and all that follows through ‘‘(ii) in’’ and
inserting ‘‘In this subsection, in’’; and
(ii) by redesignating subclauses (I),
(II), and (III) as clauses (i), (ii), and (iii);
and
(iii) by moving such redesignated ma-
terial 2 ems to the left.
(f)
AMENDMENT
TO
TITLE
XIV.—Section
1402(a)(7) of such Act (42 U.S.C. 1352(a)(7)) is amend-
ed by striking ‘‘aid to families with dependent children
under the State plan approved under section 402 of this
Act’’ and inserting ‘‘assistance under a State program
funded under part A of title IV’’.
(g) AMENDMENT TO TITLE XVI AS IN EFFECT WITH
RESPECT TO THE TERRITORIES.—Section 1602(a)(11) of
such Act, as in effect without regard to the amendment
made by section 301 of the Social Security Amendments
of 1972, (42 U.S.C. 1382 note) is amended by striking
‘‘aid under the State plan approved’’ and inserting ‘‘assist-
ance under a State program funded’’.
(h) AMENDMENT TO TITLE XVI AS IN EFFECT WITH
RESPECT
TO
THE STATES.—Section 1611(c)(5)(A) of
such Act (42 U.S.C. 1382(c)(5)(A)) is amended to read
as follows: ‘‘(A) a State program funded under part A of
title IV,’’.
SEC. 105. CONFORMING AMENDMENTS TO OTHER LAWS.
(a) Subsection (b) of section 508 of the Unemploy-
ment Compensation Amendments of 1976 (42 U.S.C.
603a) is amended to read as follows:
‘‘(b)
PROVISION
FOR
REIMBURSEMENT
OF
EX-
PENSES.—For purposes of section 455 of the Social Secu-
rity Act, expenses incurred to reimburse State employment
offices for furnishing information requested of such of-
fices—
‘‘(1) pursuant to the third sentence of section
3(a) of the Act entitled ‘An Act to provide for the
establishment of a national employment system and
for cooperation with the States in the promotion of
such system, and for other purposes’, approved June
6, 1933 (29 U.S.C. 49b(a)),
‘‘(2) by a State or local agency charged with
the duty of carrying a State plan for child support
approved under part D of title IV of the Social Se-
curity Act,
shall be considered to constitute expenses incurred in the
administration of such State plan.’’.
(b) Paragraph (9) of section 51(d) of the Internal
Revenue Code of 1986 is amended by striking all that fol-
lows ‘‘agency as’’ and inserting ‘‘being eligible for financial
assistance under part A of title IV of the Social Security
Act and as having continually received such financial as-
sistance during the 90-day period which immediately pre-
cedes the date on which such individual is hired by the
employer.’’
(c) Section 9121 of the Omnibus Budget Reconcili-
ation Act of 1987 (42 U.S.C. 602 note) is hereby repealed.
(d) Section 9122 of the Omnibus Budget Reconcili-
ation Act of 1987 (42 U.S.C. 602 note) is hereby repealed.
(e) Section 221 of the Housing and Urban-Rural Re-
covery Act of 1983 (42 U.S.C. 602 note), relating to treat-
ment under AFDC of certain rental payments for federally
assisted housing, is hereby repealed.
(f) Section 159 of the Tax Equity and Fiscal Respon-
sibility Act of 1982 (42 U.S.C. 602 note) is hereby re-
pealed.
(2) by inserting after section 1930 the following
new section:
‘‘CONTINUED APPLICATION OF AFDC STANDARDS
‘‘SEC. 1931. (a) For purposes of applying this title
on and after October 1, 1995, with respect to a State—
‘‘(1) except as provided in paragraph (2), any
reference in this title (or other provision of law in
relation to the operation of this title) to a provision
of part A of title IV of this Act, or a State plan
under such part, shall be considered a reference to
such provision or plan as in effect as of March 7,
1995, with respect to the State and eligibility for
medical assistance under this title shall be deter-
mined as if such provision or plan (as in effect as
of such date) had remained in effect on and after
October 1, 1995; and
‘‘(2) any reference in section 1902(a)(5) or
1902(a)(55) to a State plan approved under part A
of title IV shall be deemed a reference to a State
program funded under such part (as in effect on and
after October 1, 1995).
‘‘(b) In the case of a waiver of a provision of part
A of title IV in effect with respect to a State as of March
7, 1995, if the waiver affects eligibility of individuals for
medical assistance under this title, such waiver may con-
tinue to be applied, at the option of the State, in relation
(d) EFFECTIVE DATE.—The amendments made by
this section shall apply to medical assistance furnished for
calendar quarters beginning on or after October 1, 1995.
SEC. 107. EFFECTIVE DATE.
(a) IN GENERAL.—Except as otherwise provided in
this title, this title and the amendments made by this title
shall take effect on October 1, 1995.
(b) DELAYED APPLICABILITY
OF AUTHORITY TO
TEMPORARILY REDUCE ASSISTANCE FOR CERTAIN FAMI-
LIES WHICH INCLUDE A CHILD WHOSE PATERNITY IS
NOT ESTABLISHED.—Section 405(a)(9) of the Social Se-
curity Act, as added by the amendment made by section
101 of this Act, shall not apply to individuals who, imme-
diately before the effective date of this title, are recipients
of aid under a State plan approved under part A of title
IV of the Social Security Act, until the end of the 1-year
(or, at the option of the State, 2-year) period that begins
with such effective date.
(c) TRANSITION RULE.—The amendments made by
this title shall not apply with respect to—
(1) powers, duties, functions, rights, claims,
penalties, or obligations applicable to aid or services
provided before the effective date of this title under
the provisions amended; and
(2) administrative actions and proceedings com-
menced before such date, or authorized before such
date to be commenced, under such provisions.
TITLE II—CHILD PROTECTION
BLOCK GRANT PROGRAM
SEC. 201. ESTABLISHMENT OF PROGRAM.
Part B of title IV of the Social Security Act (42
U.S.C. 620–635) is amended to read as follows:
‘‘PART B—BLOCK GRANTS TO STATES FOR THE
PROTECTION OF CHILDREN
‘‘SEC. 421. PURPOSE.
‘‘The purpose of this part is to enable eligible States
to carry out a child protection program to—
‘‘(1) identify and assist families at risk of abus-
ing or neglecting their children;
‘‘(2) operate a system for receiving reports of
abuse or neglect of children;
‘‘(3) investigate families reported to abuse or
neglect their children;
‘‘(4) provide support, treatment, and family
preservation services to families which are, or are at
risk of, abusing or neglecting their children;
‘‘(5) support children who must be removed
from or who cannot live with their families;
‘‘(6) make timely decisions about permanent liv-
ing arrangements for children who must be removed
from or who cannot live with their families; and
‘‘(7) provide for continuing evaluation and im-
provement of child protection laws, regulations, and
services.
‘‘SEC. 422. ELIGIBLE STATES.
‘‘(a) IN GENERAL.—As used in this part, the term
‘eligible State’ means, with respect to a fiscal year, a State
that, during the 3-year period immediately preceding the
fiscal year, has submitted to the Secretary a plan that in-
cludes the following:
‘‘(1) OUTLINE
OF
CHILD
PROTECTION
PRO-
GRAM.—A written document that outlines the activi-
ties the State intends to conduct to achieve the pur-
pose of this part, including the procedures to be
used for—
‘‘(A) receiving reports of child abuse or ne-
glect;
‘‘(B) investigating such reports;
‘‘(C) protecting children in families in
which child abuse or neglect is found to have
occurred;
‘‘(D) removing children from dangerous
settings;
‘‘(E) protecting children in foster care;
‘‘(F) promoting timely adoptions;
‘‘(G)
protecting
the
rights
of
families,
using adult relatives as the preferred placement
for children separated from their parents if
such relatives meet all State child protection
standards;
‘‘(H) preventing child abuse and neglect;
and
‘‘(I) establishing and responding to citizen
review panels under section 425.
‘‘(2) CERTIFICATION OF STATE LAW REQUIRING
THE REPORTING OF CHILD ABUSE AND NEGLECT.—
A certification that the State has in effect laws that
require public officials and other professionals to re-
port actual or suspected instances of child abuse or
neglect.
‘‘(3) CERTIFICATION OF STATE PROGRAM TO
INVESTIGATE CHILD ABUSE AND NEGLECT CASES.—
A certification that the State has in effect a pro-
gram to investigate child abuse and neglect cases.
‘‘(4) CERTIFICATION
OF
STATE
PROCEDURES
FOR REMOVAL AND PLACEMENT OF ABUSED OR NE-
GLECTED CHILDREN.—A certification that the State
has in effect procedures for removal from families
and placement of abused or neglected children.
‘‘(5) CERTIFICATION
OF
STATE
PROCEDURES
FOR DEVELOPING AND REVIEWING WRITTEN PLANS
FOR PERMANENT PLACEMENT OF REMOVED CHIL-
DREN.—A certification that the State has in effect
procedures for ensuring that a written plan is pre-
pared for children who have been removed from their
families, which specifies the goal for achieving a per-
manent placement for the child in a timely fashion,
for ensuring that the written plan is reviewed every
6 months, and for ensuring that information about
such children is collected regularly and recorded in
case records, and a description of such procedures.
‘‘(6) CERTIFICATION
THAT
THE
STATE
WILL
CONTINUE
TO
HONOR
ADOPTION
ASSISTANCE
AGREEMENTS.—A certification that the State will
honor any adoption assistance agreement (as defined
in section 475(3), as in effect immediately before the
effective date of this part) entered into by an agency
of the State, that is in effect as of such effective
date.
‘‘(7) CERTIFICATION OF STATE PROGRAM TO
PROVIDE INDEPENDENT LIVING SERVICES.—A cer-
tification that the State has in effect a program to
provide independent living services to individuals in
the child protection program of the State who have
attained 16 years of age but have not attained 20
(or, at the option of the State, 22) years of age, and
who do not have a family to which to be returned
for assistance in making the transition to self-suffi-
cient adulthood.
‘‘(8) CERTIFICATION
OF
STATE
PROCEDURES
TO RESPOND TO REPORTING OF MEDICAL NEGLECT
OF DISABLED INFANTS.—
‘‘(A) IN
GENERAL.—A certification that
the State has in place for the purpose of re-
sponding to the reporting of medical neglect of
infants (including instances of withholding of
medically indicated treatment from disabled in-
fants with life-threatening conditions), proce-
dures or programs, or both (within the State
child protective services system), to provide
for—
‘‘(i)
coordination
and
consultation
with individuals designated by and within
appropriate health-care facilities;
‘‘(ii) prompt notification by individ-
uals designated by and within appropriate
health-care facilities of cases of suspected
medical
neglect
(including
instances
of
withholding of medically indicated treat-
ment from disabled infants with life-threat-
ening conditions); and
‘‘(iii) authority, under State law, for
the State child protective service to pursue
any legal remedies, including the authority
to initiate legal proceedings in a court of
competent jurisdiction, as may be nec-
essary to prevent the withholding of medi-
cally indicated treatment from disabled in-
fants with life-threatening conditions.
‘‘(B) WITHHOLDING OF MEDICALLY INDI-
CATED TREATMENT.—As used in subparagraph
(A), the term ‘withholding of medically indi-
cated treatment’ means the failure to respond
to the infant’s life-threatening conditions by
providing treatment (including appropriate nu-
trition, hydration, and medication) which, in the
treating physician’s or physicians’ reasonable
medical judgment, will be most likely to be ef-
fective in ameliorating or correcting all such
conditions, except that such term does not in-
clude the failure to provide treatment (other
than appropriate nutrition, hydration, or medi-
cation) to an infant when, in the treating physi-
cian’s or physicians’ reasonable medical judg-
ment—
‘‘(i) the infant is chronically and irre-
versibly comatose;
‘‘(ii) the provision of such treatment
would—
‘‘(I) merely prolong dying;
‘‘(II) not be effective in amelio-
rating or correcting all of the infant’s
life-threatening conditions; or
‘‘(III)
otherwise
be
futile
in
terms of the survival of the infant; or
‘‘(iii) the provision of such treatment
would be virtually futile in terms of the
survival of the infant and the treatment it-
self under such circumstances would be in-
humane.
‘‘(9) IDENTIFICATION
OF
CHILD
PROTECTION
GOALS.—The quantitative goals of the State child
protection program.
‘‘(b) DETERMINATIONS.—The Secretary shall deter-
mine whether a plan submitted pursuant to subsection (a)
contains the material required by subsection (a). The Sec-
retary may not require a State to include in such a plan
any material not described in subsection (a), and may not
review the adequacy of State procedures. The Secretary
may not require a State to alter its child protection law
regarding determination of the adequacy, type and timing
of health care (whether medical, non-medical or spiritual).
‘‘SEC. 423. GRANTS TO STATES FOR CHILD PROTECTION.
‘‘(a) ENTITLEMENT.—
‘‘(1) IN GENERAL.—Each eligible State shall be
entitled to receive from the Secretary for each fiscal
year specified in subsection (b)(1) a grant in an
amount equal to the State share of the child protec-
tion amount for the fiscal year.
‘‘(2) ADDITIONAL GRANT.—
‘‘(A) IN GENERAL.—In addition to a grant
under paragraph (1) of this subsection, the Sec-
retary shall pay to each eligible State for each
fiscal year specified in subsection (b)(1) an
amount equal to the State share of the amount
(if any) appropriated pursuant to subparagraph
(B) of this paragraph for the fiscal year.
‘‘(B) LIMITATION ON AUTHORIZATION OF
APPROPRIATIONS.—For grants under subpara-
graph (A), there are authorized to be appro-
priated to the Secretary an amount not to ex-
ceed $486,000,000 for each fiscal year specified
in subsection (b)(1).
‘‘(b) DEFINITIONS.—As used in this section:
‘‘(1) CHILD PROTECTION AMOUNT.—The term
‘child protection amount’ means—
‘‘(A) $3,930,000,000 for fiscal year 1996;
‘‘(B) $4,195,000,000 for fiscal year 1997;
‘‘(C) $4,507,000,000 for fiscal year 1998;
‘‘(D) $4,767,000,000 for fiscal year 1999;
and
‘‘(E) $5,071,000,000 for fiscal year 2000.
‘‘(2) STATE SHARE.—
‘‘(A)
IN
GENERAL.—The
term
‘State
share’ means the qualified child protection ex-
penses of the State divided by the sum of the
qualified child protection expenses of all of the
States.
‘‘(B) QUALIFIED CHILD PROTECTION EX-
PENSES.—The term ‘qualified child protection
expenses’ means, with respect to a State the
greater of—
‘‘(i) 1⁄3 of the total amount of obliga-
tions to the State under the provisions of
law specified in subparagraph (C) for fiscal
years 1992, 1993, and 1994; or
‘‘(ii) the total amount of obligations to
the State under such provisions of law for
fiscal year 1994.
‘‘(C) PROVISIONS OF LAW.—The provisions
of law specified in this subparagraph are the
following (as in effect immediately before the
effective date of this part):
‘‘(i) Section 474(a) (other than sub-
paragraphs (C) and (D) of paragraph (3))
of this Act.
‘‘(ii) Section 304 of the Family Vio-
lence Prevention and Services Act.
‘‘(iii) Section 107(a) of the Child
Abuse Prevention and Treatment Act.
‘‘(iv)
Section
201(d)
of
the
Child
Abuse Prevention and Treatment Act.
‘‘(v) Section 423 of this Act.
‘‘(3) STATE.—The term ‘State’ includes the
several States, the District of Columbia, the Com-
monwealth of Puerto Rico, the United States Virgin
Islands, Guam, and American Samoa.
‘‘(c) USE OF GRANT.—
‘‘(1) IN GENERAL.—A State to which a grant
is made under this section may use the grant in any
manner that the State deems appropriate to accom-
plish the purpose of this part, including setting up
abuse and neglect reporting systems, abuse and ne-
glect prevention, family preservation, foster care,
adoption, program administration, and training.
‘‘(2) AUTHORITY TO USE PORTION OF GRANT
FOR OTHER PURPOSES.—
‘‘(A) IN GENERAL.—A State may use not
more than 30 percent of the amount of the
grant made to the State under this section for
fiscal year 1998 or a succeeding fiscal year to
carry out a State program pursuant to any or
all of the following provisions of law:
‘‘(i) Part A of this title.
‘‘(ii) Title XX of this Act.
‘‘(iii) The Child Care and Develop-
ment Block Grant Act of 1990.
‘‘(iv) Any provision of law, enacted
into law during the 104th Congress, under
which grants are made to States for food
and nutrition or employment and training.
‘‘(B) APPLICABLE
RULES.—Any amount
paid to the State under this part that is used
to carry out a State program pursuant to a pro-
vision of law specified in subparagraph (A)
shall not be subject to the requirements of this
part, but shall be subject to the requirements
that apply to Federal funds provided directly
under the provision of law to carry out the pro-
gram.
‘‘(3) TIMING OF EXPENDITURES.—A State to
which a grant is made under this section for a fiscal
year shall expend the total amount of the grant not
later than the end of the immediately succeeding fis-
cal year.
‘‘(4) RULE
OF
INTERPRETATION.—This part
shall not be interpreted to prohibit short- and long-
term foster care facilities operated for profit from
receiving funds provided under this part.
‘‘(d) TIMING OF PAYMENTS.—The Secretary shall
pay each eligible State the amount of the grant payable
to the State under this section in quarterly installments.
‘‘(e) PENALTIES.—
‘‘(1) FOR
USE
OF
GRANT
IN
VIOLATION
OF
THIS PART.—
‘‘(A) IN GENERAL.—If an audit conducted
pursuant to chapter 75 of title 31, United
States Code, finds that an amount paid to a
State under this section for a fiscal year has
been used in violation of this part, then the
Secretary shall reduce the amount of the grant
that would (in the absence of this subsection)
be payable to the State under this section for
the immediately succeeding fiscal year by the
amount so used.
‘‘(B) LIMITATION.—In carrying out sub-
paragraph (A), the Secretary shall not reduce
any
quarterly
payment
by
more
than
percent.
‘‘(C) CARRYFORWARD
OF
UNRECOVERED
PENALTY.—To the extent that subparagraph
(B) prevents the Secretary from recovering dur-
ing a fiscal year the full amount of a penalty
imposed on a State under subparagraph (A) for
a prior fiscal year, the Secretary shall apply
subparagraph (A) to the grant otherwise pay-
able to the State under this section for the im-
mediately succeeding fiscal year.
‘‘(2) FOR FAILURE TO MAINTAIN EFFORT.—If
an audit conducted pursuant to chapter 75 of title
31, United States Code, finds that the amount ex-
pended by a State (other than from amounts pro-
vided by the Federal Government) during fiscal year
1996 or 1997 to carry out the State program funded
under this part is less than the total amount ex-
pended by the State (other than from amounts pro-
vided by the Federal Government) during fiscal year
1995 under parts B and E of this title, then the
Secretary shall reduce the amount of the grant that
would (in the absence of this subsection) be payable
to the State under this section for the immediately
succeeding fiscal year by the amount of the dif-
ference.
‘‘(3) FOR FAILURE TO SUBMIT REQUIRED RE-
PORT.—
‘‘(A) IN
GENERAL.—The Secretary shall
reduce by 3 percent the amount of the grant
that would (in the absence of this subsection)
be payable to a State under this section for a
fiscal year if the Secretary determines that the
State has not submitted the report required by
section 427(b) for the immediately preceding
fiscal year, within 6 months after the end of the
immediately preceding fiscal year.
‘‘(B) RESCISSION OF PENALTY.—The Sec-
retary shall rescind a penalty imposed on a
State under subparagraph (A) with respect to a
report for a fiscal year if the State submits the
report before the end of the immediately suc-
ceeding fiscal year.
‘‘(f) LIMITATION ON FEDERAL AUTHORITY.—Except
as expressly provided in this part, the Secretary may not
regulate the conduct of States under this part or enforce
any provision of this part.
‘‘SEC. 424. CHILD PROTECTION STANDARDS.
‘‘(a) IN GENERAL.—Each State to which a grant is
made under section 423 shall operate a child protection
program in accorance with the following standards in
order to assure the protection of children:
‘‘(1) The primary standard by which a State
child welfare system shall be judged is the protection
of children.
‘‘(2) Each State shall investigate reports of
abuse and neglect promptly.
‘‘(3) Children removed from their homes shall
have a permanency plan and a dispositional hearing
by a court or a court-appointed body within 3
months after a fact-finding hearing.
‘‘(4) All child protection cases in which the
child is placed outside the home shall be reviewed
every 6 months unless the child is in a long-term
placement.
‘‘(b)
PLACEMENT
OF
CHILDREN
WITH
REL-
ATIVES.—A State to which a grant is made under this
part may consider—
‘‘(1) establishing a new type of foster care
placement, which could be considered a permanent
placement, for children who are separated from their
parents (in this subsection referred to as ‘kinship
care’) under which—
‘‘(A) adult relatives of such children would
be the preferred placement option if such rel-
atives meet all relevant child protection stand-
ards established by the State;
‘‘(B) the State would make a needs-based
payment and provide supportive services, as ap-
propriate, with respect to children placed in a
kinship care arrangement; and
‘‘(2) in placing children for adoption, giving
preference to adult relatives who meet applicable
adoption standards (including those acting as foster
parents of such children).
‘‘SEC. 425. CITIZEN REVIEW PANELS.
‘‘(a) ESTABLISHMENT.—Each State to which a grant
is made under section 423 shall establish at least 3 citizen
review panels.
‘‘(b) COMPOSITION.—Each panel established under
subsection (a) shall be broadly representative of the com-
munity from which drawn.
‘‘(c) FREQUENCY OF MEETINGS.—Each panel estab-
lished under subsection (a) shall meet not less frequently
than quarterly.
‘‘(d) DUTIES.—
‘‘(1)
IN
GENERAL.—Each
panel
established
under subsection (a) shall, by examining specific
cases, determine the extent to which the State and
local agencies responsible for carrying out activities
under this part are doing so in accordance with the
State plan, with the child protection standards set
forth in section 424, and with any other criteria that
the panel considers important to ensure the protec-
tion of children.
‘‘(2)
CONFIDENTIALITY.—The
members
and
staff of any panel established under subsection (a)
shall not disclose to any person or government any
information about any specific child protection case
with respect to which the panel is provided informa-
tion.
‘‘(e) STATE ASSISTANCE.—Each State that estab-
lishes a panel under subsection (a) shall afford the panel
access to any information on any case that the panel de-
sires to review, and shall provide the panel with staff as-
sistance in performing its duties.
‘‘(f) REPORTS.—Each panel established under sub-
section (a) shall make a public report of its activities after
each meeting.
‘‘SEC. 426. CLEARINGHOUSE AND HOTLINE ON MISSING
AND RUNAWAY CHILDREN.
‘‘(a) IN GENERAL.—The Attorney General of the
United States shall establish and operate by contract a
clearinghouse of information on children who are missing
or have run away from home, including a 24-hour toll-
free telephone hotline which may be contacted for informa-
tion on such children.
‘‘(b) LIMITATION
ON AUTHORIZATION
OF APPRO-
PRIATIONS.—To carry out subsection (a), there are au-
thorized to be appropriated to the Attorney General of the
United States not to exceed $7,000,000 for each fiscal
year.
‘‘SEC. 427. DATA COLLECTION AND REPORTING.
‘‘(a) ANNUAL REPORTS ON STATE CHILD WELFARE
GOALS.—On the date that is 3 years after the effective
date of this part and annually thereafter, each State to
which a grant is made under section 423 shall submit to
the Secretary a report that contains quantitative informa-
tion on the extent to which the State is making progress
toward achieving the goals of the State child protection
program.
‘‘(b) ANNUAL STATE DATA REPORTS.—Each State
to which a grant is made under section 423 shall annually
submit to the Secretary of Health and Human Services
a report that includes the following:
‘‘(1) The number of children who were reported
to the State during the year as abused or neglected.
‘‘(2) Of the number of children described in
paragraph (1), the number with respect to whom
such reports were substantiated.
‘‘(3) Of the number of children described in
paragraph (2)—
‘‘(A) the number that did not receive serv-
ices during the year under the State program
funded under this part;
‘‘(B) the number that received services
during the year under the State program fund-
ed under this part or an equivalent State pro-
gram; and
‘‘(C) the number that were removed from
their families during the year.
‘‘(4) The number of families that received pre-
ventive services from the State during the year.
‘‘(5) The number of children who entered foster
care under the responsibility of the State during the
year.
‘‘(6) The number of children in foster care
under the responsibility of the State who exited from
foster care during the year.
‘‘(7) The types of foster care placements made
by the State during the year, and the average
monthly number of children in each type of place-
ment.
‘‘(8) The average length of the foster care
placements made by the State during the year.
‘‘(9) The age, ethnicity, gender, and family in-
come of the children placed in foster care under the
responsibility of the State during the year.
‘‘(10) The number of children in foster care
under the responsibility of the State with respect to
whom the State has the goal of adoption.
‘‘(11) The number of children in foster care
under the responsibility of the State who were freed
for adoption during the year.
‘‘(12) The number of children in foster care
under the responsibility of the State whose adoptions
were finalized during the year.
‘‘(13) The number of disrupted adoptions in the
State during the year.
‘‘(14)
Quantitative
measurements
showing
whether the State is making progress toward the
child protection goals identified by the State under
section 422(a)(9).
‘‘(15) The number of infants abandoned in the
State during the year, and the number of such in-
fants who were legally adopted during the year and
the length of time between the discovery of the aban-
donment and such adoption.
‘‘(16) The number of children who died during
the year while in foster care under the responsibility
of the State.
‘‘(17) The number of deaths in the State dur-
ing the year resulting from child abuse or neglect.
‘‘(18) The number of children served by the
independent living program of the State.
‘‘(19) Any other information which the Sec-
retary and a majority of the States agree is appro-
priate to collect for purposes of this part.
‘‘(20) The response of the State to the findings
and recommendations of the citizen review panels es-
tablished by the State pursuant to section 425.
‘‘(c) AUTHORITY OF STATES TO USE ESTIMATES.—
A State may comply with a requirement to provide precise
numerical information described in subsection (b) by sub-
mitting an estimate which is obtained through the use of
scientifically acceptable sampling methods.
‘‘(d) ANNUAL REPORT BY THE SECRETARY.—Within
6 months after the end of each fiscal year, the Secretary
shall prepare a report based on information provided by
the States for the fiscal year pursuant to subsection (b),
and shall make the report and such information available
to the Congress and the public.
‘‘(e) SCOPE OF STATE PROGRAM FUNDED UNDER
THIS PART.—As used in subsection (b), the term ‘State
program funded under this part’ includes any equivalent
State program.
‘‘SEC. 428. RESEARCH AND TRAINING.
‘‘(a) IN GENERAL.—The Secretary shall conduct re-
search and training in child welfare.
‘‘(b) LIMITATION
ON AUTHORIZATION
OF APPRO-
PRIATIONS.—To carry out subsection (a), there are au-
thorized to be appropriated to the Secretary not to exceed
$10,000,000 for each fiscal year.
‘‘SEC. 429. NATIONAL RANDOM SAMPLE STUDY OF CHILD
WELFARE.
‘‘(a) IN GENERAL.—The Secretary shall conduct a
national study based on random samples of children who
are at risk of child abuse or neglect, or are determined
by States to have been abused or neglected.
‘‘(b) REQUIREMENTS.—The study required by sub-
section (a) shall—
‘‘(1) have a longitudinal component; and
‘‘(2) yield data reliable at the State level for as
many States as the Secretary determines is feasible.
‘‘(c) PREFERRED CONTENTS.—In conducting the
study required by subsection (a), the Secretary should—
‘‘(1) collect data on the child protection pro-
grams of different small States or (different groups
of such States) in different years to yield an occa-
sional picture of the child protection programs of
such States;
‘‘(2) carefully consider selecting the sample
from cases of confirmed abuse or neglect; and
‘‘(3) follow each case for several years while ob-
taining information on, among other things—
‘‘(A) the type of abuse or neglect involved;
‘‘(B) the frequency of contact with State
or local agencies;
‘‘(C) whether the child involved has been
separated from the family, and, if so, under
what circumstances;
‘‘(D) the number, type, and characteristics
of out-of-home placements of the child; and
‘‘(E) the average duration of each place-
ment.
‘‘(d) REPORTS.—
‘‘(1) IN
GENERAL.—From time to time, the
Secretary shall prepare reports summarizing the re-
sults of the study required by subsection (a), and
should include in such reports a comparison of the
results of the study with the information reported by
States under section 427.
‘‘(2) AVAILABILITY.—The Secretary shall make
available to the public any report prepared under
paragraph (1), in writing or in the form of an elec-
tronic data tape.
‘‘(3) AUTHORITY TO CHARGE FEE.—The Sec-
retary may charge and collect a fee for the furnish-
ing of reports under paragraph (2).
‘‘(e) FUNDING.—Out of any money in the Treasury
of the United States not otherwise appropriated, the Sec-
retary of the Treasury shall pay to the Secretary of Health
and Human Services $6,000,000 for each of fiscal years
1996 through 2000 to carry out this section.
‘‘SEC.
430.
REMOVAL
OF
BARRIERS
TO
INTERETHNIC
ADOPTION.
‘‘(a) PURPOSE.—The purpose of this section is to de-
crease the length of time that children wait to be adopted
and to prevent discrimination in the placement of children
on the basis of race, color, or national origin.
‘‘(b) MULTIETHNIC PLACEMENTS.—
‘‘(1) PROHIBITION.—A State or other entity
that receives funds from the Federal Government
and is involved in adoption or foster care placements
may not—
‘‘(A) deny to any person the opportunity to
become an adoptive or a foster parent, on the
basis of the race, color, or national origin of the
person, or of the child, involved; or
‘‘(B) delay or deny the placement of a
child for adoption or into foster care, or other-
wise discriminate in making a placement deci-
sion, on the basis of the race, color, or national
origin of the adoptive or foster parent, or the
child, involved.
‘‘(2) PENALTIES.—
‘‘(A) STATE
VIOLATORS.—A State that
violates paragraph (1) during a period shall
remit to the Secretary all funds that were paid
to the State under this part during the period.
‘‘(B) PRIVATE VIOLATORS.—Any other en-
tity that violates paragraph (1) during a period
shall remit to the Secretary all funds that were
paid to the entity during the period by a State
from funds provided under this part.
‘‘(3) PRIVATE CAUSE OF ACTION.—
‘‘(A) IN GENERAL.—Any individual who is
aggrieved by a violation of paragraph (1) by a
State or other entity may bring an action seek-
ing relief in any United States district court.
‘‘(B) STATUTE OF LIMITATIONS.—An ac-
tion under this paragraph may not be brought
more than 2 years after the date the alleged
violation occurred.’’.
SEC. 202. CONFORMING AMENDMENTS.
(a) AMENDMENTS TO PART D OF TITLE IV OF THE
SOCIAL SECURITY ACT.—
(1) Section 452(a)(10)(C) of the Social Security
Act (42 U.S.C. 652(a)(10)(C)), as amended by sec-
tion 104(b)(2)(C) of this Act, is amended—
(A) by striking ‘‘(or foster care mainte-
nance payments under part E)’’ and inserting
‘‘or cash payments under a State program
funded under part B’’; and
(B) by striking ‘‘or 471(a)(17)’’.
(2)
Section
452(g)(2)(A)
of
such
Act
(42
U.S.C. 652(g)(2)(A)) is amended—
(A) by striking ‘‘or E’’ the 1st place such
term appears and inserting ‘‘or benefits or serv-
ices are being provided under the State pro-
gram funded under part B’’; and
(B) by striking ‘‘or E’’ the 2nd place such
term appears and inserting ‘‘or benefits or serv-
ices were being provided under the State pro-
gram funded under part B’’.
(3) Section 456(a)(1) of such Act (42 U.S.C.
656(a)(1)) is amended by striking ‘‘foster care main-
tenance payments’’ and inserting ‘‘benefits or serv-
ices under a State program funded under part B’’.
(4)
Section
466(a)(3)(B)
of
such
Act
(42
U.S.C.
666(a)(3)(B)),
as
amended
by
section
104(b)(13) of this Act, is amended by striking ‘‘or
471(a)(17)’’.
(b) REPEAL OF PART E OF TITLE IV OF THE SOCIAL
SECURITY ACT.—Part E of title IV of such Act (42
U.S.C. 671–679) is hereby repealed.
(c) AMENDMENT TO TITLE XVI OF THE SOCIAL SE-
CURITY ACT
AS
IN EFFECT WITH RESPECT
TO
THE
STATES.—Section 1611(c)(5)(B) of such Act (42 U.S.C.
1382(c)(5)(B)) is amended to read as follows: ‘‘(B) the
State program funded under part B of title IV,’’.
(d) REPEAL OF SECTION 13712 OF THE OMNIBUS
BUDGET RECONCILIATION ACT OF 1993.—Section 13712
of the Omnibus Budget Reconciliation Act of 1993 (42
U.S.C. 670 note) is hereby repealed.
(e) AMENDMENT TO SECTION 9442 OF THE OMNIBUS
BUDGET
RECONCILIATION
ACT
OF
1986.—Section
9442(4) of the Omnibus Budget Reconciliation Act of
1986 (42 U.S.C. 679a(4)) is amended by inserting ‘‘(as
in effect before October 1, 1995)’’ after ‘‘Act’’.
(f) REPEAL OF SECTION 553 OF THE HOWARD M.
METZENBAUM
MULTIETHNIC
PLACEMENT
ACT
OF
1994.—Section 553 of the Howard M. Metzenbaum
Multiethnic Placement Act of 1994 (42 U.S.C. 5115a; 108
Stat. 4056) is hereby repealed.
(g) REPEAL OF SUBTITLE C OF TITLE XVII OF THE
VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT
OF 1994.—Subtitle C of title XVII of the Violent Crime
Control and Law Enforcement Act of 1994 is hereby re-
pealed.
SEC. 203. CONTINUED APPLICATION OF CURRENT STAND-
ARDS UNDER MEDICAID PROGRAM.
Section 1931 of the Social Security Act, as inserted
by section 106(a)(2) of this Act, is amended—
(1) in subsection (a)(1)—
(A) by striking ‘‘part A of’’, and
(B) by striking ‘‘under such part’’ and in-
serting ‘‘under a part of such title’’; and
(2) in subsection (b), by striking ‘‘part A of’’.
SEC. 204. EFFECTIVE DATE.
(a) IN GENERAL.—This title and the amendments
made by this title shall take effect on October 1, 1995.
(b) TRANSITION RULE.—The amendments made by
this title shall not apply with respect to—
(1) powers, duties, functions, rights, claims,
penalties, or obligations applicable to aid or services
provided before the effective date of this title under
the provisions amended; and
(2) administrative actions and proceedings com-
menced before such date, or authorized before such
date to be commenced, under such provisions.
SEC. 205. SENSE OF THE CONGRESS REGARDING TIMELY
ADOPTION OF CHILDREN.
It is the sense of the Congress that—
(1) too many children who wish to be adopted
are spending inordinate amounts of time in foster
care;
(2) there is an urgent need for States to in-
crease the number of waiting children being adopted
in a timely and lawful manner;
(3) studies have shown that States spend an ex-
cess of $15,000 each year on each special needs
child in foster care, and would save significant
amounts of money if they offered incentives to fami-
lies to adopt special needs children;
(4) States should allocate sufficient funds under
this title for adoption assistance and medical assist-
ance to encourage more families to adopt children
who otherwise would languish in the foster care sys-
tem for a period that many experts consider det-
rimental to their development;
(5) States should offer incentives for families
that adopt special needs children to make adoption
more affordable for middle-class families;
(6) when it is necessary for a State to remove
a child from the home of the child’s biological par-
ents, the State should strive—
(A) to provide the child with a single foster
care placement and a single coordinated case
team; and
(B) to conclude an adoption of the child,
when adoption is the goal of the child and the
State, within one year of the child’s placement
in foster care; and
(7) States should participate in local, regional,
or national programs to enable maximum visibility of
waiting children to potential parents. Such programs
should include a nationwide, interactive computer
network to disseminate information on children eligi-
ble for adoption to help match them with families
around the country.
TITLE III—BLOCK GRANTS FOR
CHILD CARE AND FOR NUTRI-
TION ASSISTANCE
Subtitle A—Child Care Block
Grants
SEC. 301. AMENDMENTS TO THE CHILD CARE AND DEVEL-
OPMENT BLOCK GRANT ACT OF 1990.
(a) GOALS.—Section 658A of the Child Care and De-
velopment Block Grant Act of 1990 (42 U.S.C. 9801 note)
is amended—
(1) in the heading of such section by inserting
‘‘AND GOALS’’ after ‘‘TITLE’’,
(2) by inserting ‘‘(a) SHORT TITLE.—’’ before
‘‘This’’, and
(3) by adding at the end the following:
‘‘(b) GOALS.—The goals of this subchapter are—
‘‘(1) to allow each State maximum flexibility in
developing child care programs and policies that best
suit the needs of children and parents within such
State;
‘‘(2) to promote parental choice to empower
working parents to make their own decisions on the
child care that best suits their family’s needs;
‘‘(3) to encourage States to provide consumer
education information to help parents make in-
formed choices about child care;
‘‘(4) to assist States to provide child care to
parents trying to achieve independence from public
assistance; and
‘‘(5)
to
assist
States
in
implementing
the
health, safety, licensing, and registration standards
established in State regulations.’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section
658B of the Child Care and Development Block Grant Act
of 1990 (42 U.S.C. 9858) is amended to read as follows:
‘‘SEC. 658B. AUTHORIZATION OF APPROPRIATIONS.
‘‘There is authorized to be appropriated to carry out
this subchapter $2,093,000,000 for each of the fiscal
years 1996, 1997, 1998, 1999, and 2000.’’.
(c) LEAD ENTITY.—Section 658D of the Child Care
and Development Block Grant Act of 1990 (42 U.S.C.
9858b) is amended—
(1) in the heading of such section by striking
‘‘AGENCY’’ inserting ‘‘ENTITY’’,
(2) in subsection (a) by inserting ‘‘or other en-
tity’’ after ‘‘State agency’’, and
(3) by striking ‘‘lead agency’’ each place it ap-
pears and inserting ‘‘lead entity’’.
(d) APPLICATION AND PLAN.—Section 658E of the
Child Care and Development Block Grant Act of 1990 (42
U.S.C. 9858c) is amended—
(1) in subsection (b)—
(A) by striking ‘‘implemented—’’ and all
that follows through ‘‘(2)’’ and inserting ‘‘im-
plemented’’, and
(B)
by
striking
‘‘for
subsequent
State
plans’’,
(2) in subsection (c)—
(A) in paragraph (1)—
(i) in the heading of such paragraph
by striking ‘‘AGENCY’’ and inserting ‘‘EN-
TITY’’, and
(ii) by striking ‘‘agency’’ and inserting
‘‘entity’’,
(B) in paragraph (2)—
(i) in subparagraph (A)—
(I) in clause (i) by striking ‘‘,
other than through assistance pro-
vided under paragraph (3)(C),’’ and
(II) by striking ‘‘except’’ and all
that follows through ‘‘1992’’, and in-
serting ‘‘and provide a detailed de-
scription of the procedures the State
will implement to carry out the re-
quirements of this subparagraph’’,
(ii) in subparagraph (B)—
(I) by striking ‘‘Provide assur-
ances’’ and inserting ‘‘Certify’’, and
(II) by inserting before the pe-
riod at the end ‘‘and provide a de-
tailed description of such procedures’’,
(iii) in subparagraph (C)—
(I) by striking ‘‘Provide assur-
ances’’ and inserting ‘‘Certify’’, and
(II) by inserting before the pe-
riod at the end ‘‘and provide a de-
tailed description of how such record
is maintained and is made available’’,
(iv) by amending subparagraph (D) to
read as follows:
‘‘(D)
CONSUMER
EDUCATION
INFORMA-
TION.—Provide assurances that the State will
collect and disseminate to parents of eligible
children and the general public, consumer edu-
cation information that will promote informed
child care choices.’’,
(v) in subparagraph (E)—
(I) by striking ‘‘Provide assur-
ances’’ and inserting ‘‘Certify’’,
(II) in clause (i) by inserting
‘‘health, safety, and’’ after ‘‘comply
with all’’,
(III) in clause (i) by striking ‘‘;
and’’ at the end,
(IV) by striking ‘‘that—’’ and all
that follows through ‘‘(i)’’, and insert-
ing ‘‘that’’, and
(V) by striking ‘‘(ii)’’ and all that
follows through the end of such sub-
paragraph, and inserting ‘‘and provide
a detailed description of such require-
ments and of how such requirements
are effectively enforced.’’, and
(vi) by striking subparagraphs (F),
(G), (H), (I), and (J),
(C) in paragraph (3)—
(i) in subparagraph (A) by inserting
‘‘or as authorized by section 658T’’ before
the period at the end,
(ii) in subparagraph (B)—
(I) by striking ‘‘.—Subject to the
reservation contained in subparagraph
100
(C), the’’ and inserting ‘‘AND RELAT-
ED ACTIVITIES.—The’’,
(II) by inserting ‘‘, other than
amounts
transferred
under
section
658T,’’ after ‘‘subchapter’’,
(III) in clause (i) by striking ‘‘;
and’’ at the end and inserting a pe-
riod,
(IV) by striking ‘‘for—’’ and all
that
follows
through
‘‘section
658E(c)(2)(A)’’
and
inserting
‘‘for
child care services, activities that im-
prove the quality or availability of
such services, and any other activity
that the State deems appropriate to
realize any of the goals specified in
paragraphs (2) through (5) of section
658A(b)’’, and
(V) by striking clause (ii), and
(iii) by amending subparagraph (C) to
read as follows:
‘‘(C)
LIMITATION
ON
ADMINISTRATIVE
COSTS.—Not more than 5 percent of the aggre-
gate amount of payments received under this
subchapter by a State in each fiscal year may
101
be expended for administrative costs incurred
by such State to carry out all its functions and
duties under this subchapter.’’,
(D) in paragraph (4)(A)—
(i) by striking ‘‘provide assurances’’
and inserting ‘‘certify’’,
(ii) in the first sentence by inserting
‘‘and shall provide a summary of the facts
relied on by the State to determine that
such rates are sufficient to ensure such ac-
cess’’ before the period, and
(iii) by striking the last sentence, and
(E) by striking paragraph (5).
(e) LIMITATIONS ON STATE ALLOTMENTS—Section
658F(b)(2) of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858d(b)(2)) is amended
by striking ‘‘referred to in section 658E(c)(2)(F)’’.
(f) REPEAL OF EARMARKED REQUIRED EXPENDI-
TURES.—The Child Care and Development Block Grant
Act of 1990 (42 U.S.C. 9801 note) is amended by striking
sections 658G and 658H.
(g) ADMINISTRATION AND ENFORCEMENT.—Section
658I(a) of the Child Care and Development Block Grant
Act of 1990 (42 U.S.C. 9858g(a)) is amended—
102
(1) in paragraph (1) by inserting ‘‘and’’ at the
end,
(2) by striking paragraph (2), and
(3) by redesignating paragraph (3) as para-
graph (2).
(h) PAYMENTS.—Section 658J(c) of the Child Care
and Development Block Grant Act of 1990 (42 U.S.C.
9858h(c)) is amended—
(1) by striking ‘‘expended’’ and inserting ‘‘obli-
gated’’, and
(2) by striking ‘‘3 fiscal years’’ and inserting
‘‘fiscal year’’.
(i) ANNUAL REPORT AND AUDITS.—Section 658K of
the Child Care and Development Block Grant Act of 1990
(42 U.S.C. 9858i) is amended—
(1) in the heading of such section by inserting
‘‘, EVALUATION PLANS,’’ after ‘‘REPORT’’,
(2) in subsection (a)—
(A) by striking ‘‘, 1992’’ and inserting
‘‘following the end of the first fiscal year with
respect to which the amendments made by the
Personal Responsibility Act of 1995 apply’’,
(B) by amending paragraph (2) to read as
follows:
103
‘‘(2) containing data on the manner in which
the child care needs of families in the State are
being fulfilled, including information concerning—
‘‘(A) the number and ages of children
being assisted with funds provided under this
subchapter;
‘‘(B) with respect to the families of such
children—
‘‘(i) the number of other children in
such families;
‘‘(ii) the number of such families that
include only 1 parent;
‘‘(iii) the number of such families that
include both parents;
‘‘(iv) the ages of the mothers of such
children;
‘‘(v) the ages of the fathers of such
children;
‘‘(vi) the sources of the economic re-
sources of such families, including the
amount of such resources obtained from
(and separately identified as being from)—
‘‘(I) employment, including self-
employment;
104
‘‘(II) assistance received under
part A of title IV of the Social Secu-
rity Act (42 U.S.C. 601 et seq.);
‘‘(III) part B of title IV of the
Social Security Act (42 U.S.C. 621 et
seq.);
‘‘(IV) the Child Nutrition Act of
1966 (42 U.S.C. 1771 et seq.);
‘‘(V) the National School Lunch
Act (42 U.S.C. 1751 et seq.);
‘‘(VI) assistance received under
title XVI of the Social Security Act
(42 U.S.C. 1381 et seq.);
‘‘(VII) assistance received under
title XIV of the Social Security Act
(42 U.S.C. 1351 et seq.);
‘‘(VIII) assistance received under
title XIX of the Social Security Act
(42 U.S.C. 1396 et seq.);
‘‘(IX) assistance received under
title XX of the Social Security Act
(42 U.S.C. 1397 et seq.); and
‘‘(X) any other source of eco-
nomic resources the Secretary deter-
mines to be appropriate;
105
‘‘(C) the number of such providers sepa-
rately identified with respect to each type of
child care provider specified in section 658P(5)
that provided child care services obtained with
assistance provided under this subchapter;
‘‘(D) with respect to cost of such serv-
ices—
‘‘(i) the cost imposed by such provid-
ers to provide such services; and
‘‘(ii) the portion of such cost paid
with assistance provided under this sub-
chapter;
‘‘(E) with respect to consumer education
information described in section 658E(c)(2)(D)
provided by such State—
‘‘(i) the manner in which such infor-
mation was provided; and
‘‘(ii) the number of parents to whom
such information was provided; and
‘‘(F) with respect to complaints received by
such State regarding child care services ob-
tained with assistance provided under this sub-
chapter—
‘‘(i) the number of such complaints
that were found to have merit; and
106
‘‘(ii) a description of the actions taken
by the State to correct the circumstances
on which such complaints were based.’’,
(C) by striking paragraphs (3), (4), (5),
and (6) and inserting the following:
‘‘(3) containing evidence demonstrating that the
State
satisfied
the
requirements
of
section
658E(c)(2)(F); and
‘‘(4) identifying each State program operated
under a provision of law specified in section 658T to
which the State transferred funds under the author-
ity of such section, specifying the amount of funds
so transferred to such program, and containing a
justification for so transferring such amount;’’, and
(3) in subsection (b)—
(A) in paragraph (1) by striking ‘‘a appli-
cation’’ and inserting ‘‘an application’’,
(B) in paragraph (2) by striking ‘‘any
agency administering activities that receive’’
and inserting ‘‘the State that receives’’, and
(C) in paragraph (4) by striking ‘‘entitles’’
and inserting ‘‘entitled’’, and
(4) by redesignating subsection (b) as sub-
section (c), and
107
(5) by inserting after subsection (a) the follow-
ing:
‘‘(b) STATE EVALUATION PLAN AND EVALUATION
RESULTS.—
‘‘(1) EVALUATION PLAN.—In the first report
submitted under subsection (a) after the date of the
enactment of the Personal Responsibility Act of
1995, and in the report for each alternating 1-year
period thereafter, the State shall include a plan the
State intends to carry out in the 1-year period sub-
sequent to the period for which such report is sub-
mitted, to evaluate the extent to which the State has
realized each of the goals specified in paragraphs (2)
through (5) of section 658A(b). The State shall in-
clude in such plan a description of the types of data
and other information the State will collect to deter-
mine whether the State has realized such goals.
‘‘(2) EVALUATION RESULTS.—In the second re-
port submitted under subsection (a) after the date
of the enactment of the Personal Responsibility Act
of 1995, and in the report for each alternating 1-
year period thereafter, the State shall include a sum-
mary of the results of an evaluation carried out
under the evaluation plan contained in the report
108
submitted under subsection (a) for the preceding 1-
year period.’’.
(j) REPORT BY SECRETARY.—Section 658L of the
Child Care and Development Block Grant Act of 1990 (42
U.S.C. 9858j) is amended—
(1) by striking ‘‘, 1993, and annually’’ and in-
serting ‘‘following the end of the second fiscal year
with respect to which the amendments made by the
Personal Responsibility Act of 1995 apply, and bien-
nially’’,
(2) by striking ‘‘Committee on Education and
Labor’’ and inserting ‘‘Speaker’’,
(3) by striking ‘‘Committee on Labor and
Human Resources’’ and inserting ‘‘President pro
tempore’’, and
(4) by striking the last sentence.
(k) REALLOTMENTS.—Section 658O of the Child
Care and Development Block Grant Act of 1990 (42
U.S.C. 9858m) is amended—
(1) in subsection (a)(1)—
(A) by striking ‘‘POSSESSIONS’’ and insert-
ing ‘‘POSSESSIONS’’,
(B) by inserting ‘‘and’’ after ‘‘States,’’,
and
109
(C) by striking ‘‘, and the Trust Territory
of the Pacific Islands’’,
(2) by amending subsection (b) to read as fol-
lows:
‘‘(b) STATE ALLOTMENT.—From the amount appro-
priated under section 658B for each fiscal year remaining
after reservations under subsection (a), the Secretary shall
allot to each State (excluding Guam, American Samoa, the
Virgin Islands of the United States, and the Common-
wealth of the Northern Mariana Islands) an amount that
bears the same ratio to the amount so appropriated for
such fiscal year as the aggregate of the amounts received
by the State under—
‘‘(1) this subchapter for fiscal year 1994;
‘‘(2) section 403 of the Social Security Act,
with respect to expenditures by the State for child
care under section 402(g)(1) of such Act during fis-
cal year 1994; and
‘‘(3) section 403(n) of the Social Security Act
for fiscal year 1994;
bears to the aggregate of the amounts received by all the
States (excluding Guam, American Samoa, the Virgin Is-
lands of the United States, and the Commonwealth of the
Northern Mariana Islands) under paragraphs (1), (2), and
(3).’’,
110
(3) in subsection (c)—
(A) in paragraph (2)(A) by striking ‘‘agen-
cy’’ and inserting ‘‘entity’’, and
(B) in paragraph (5) by striking ‘‘our’’
and inserting ‘‘out’’,
(4) by striking subsection (e), and
(5) by redesignating subsection (f) as sub-
section (e).
(l) DEFINITIONS.—Section 658P of the Child Care
and Development Block Grant Act of 1990 (42 U.S.C.
9858n) is amended—
(1) in paragraph (5)(A)—
(A) in clause (i) by striking ‘‘and’’ at the
end and inserting ‘‘or’’,
(B) by striking ‘‘that—’’ and all that fol-
lows through ‘‘(i)’’, and inserting ‘‘that’’, and
(C) by striking clause (ii),
(2) by amending paragraph (8) to read as fol-
lows:
‘‘(8) LEAD
ENTITY.—The term ‘lead entity’
means the State agency or other entity designated
under section 658B(a).’’,
(3) by striking paragraphs (3), (10), and (12),
(4) by inserting after paragraph (2) the follow-
ing:
111
‘‘(3) CHILD CARE SERVICES.—The term ‘child
care services’ means services that constitute physical
care of a child and may include services that are de-
signed to enhance the educational, social, cultural,
emotional, and recreational development of a child
but that are not intended to serve as a substitute for
compulsory educational services.’’,
(5) in paragraph (13)—
(A) by inserting ‘‘or’’ after ‘‘Samoa,’’, and
(B) by striking ‘‘, and the Trust Territory
of the Pacific Islands’’, and
(6) by redesignating paragraphs (11), (13), and
(14) as paragraphs (10), (11), and (12), respec-
tively.
(m) AUTHORITY TO TRANSFER FUNDS.—The Child
Care and Development Block Grant Act of 1990 (42
U.S.C. 9858 et seq.) is amended by inserting after section
658S the following:
‘‘SEC. 658T. TRANSFER OF FUNDS.
‘‘(a) AUTHORITY.—Of the aggregate amount of pay-
ments received under this subchapter by a State in each
fiscal year, the State may transfer not more than 20 per-
cent for use by the State to carry out State programs
under 1 or more of the following provisions of law:
112
‘‘(1) Part A of title IV of the Social Security
Act (42 U.S.C. 601 et seq.).
‘‘(2) Part B of title IV of the Social Security
Act (42 U.S.C. 621 et seq.).
‘‘(3) The Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.).
‘‘(4)
The
National
School
Lunch
Act
(42
U.S.C. 1751 et seq.).
‘‘(5) Title XX of the Social Security Act (42
U.S.C. 1397 et seq.).
‘‘(b)
REQUIREMENTS
APPLICABLE
TO
FUNDS
TRANSFERRED.—Funds transferred under subsection (a)
to carry out a State program operated under a provision
of law specified in such subsection shall not be subject to
the requirements of this subchapter, but shall be subject
to the same requirements that apply to Federal funds pro-
vided directly under such provision of law to carry out
such program.’’.
SEC. 302. REPEAL OF CHILD CARE ASSISTANCE AUTHOR-
IZED BY ACTS OTHER THAN THE SOCIAL SE-
CURITY ACT.
(a) CHILD DEVELOPMENT ASSOCIATE SCHOLARSHIP
ASSISTANCE ACT OF 1985.—Title VI of the Human Serv-
ices Reauthorization Act of 1986 (42 U.S.C. 10901–
10905) is repealed.
113
(b)
STATE
DEPENDENT
CARE
DEVELOPMENT
GRANTS ACT.—Subchapter E of chapter 8 of subtitle A
of title VI of the Omnibus Budget Reconciliation Act of
1981 (42 U.S.C. 9871–9877) is repealed.
(c) PROGRAMS OF NATIONAL SIGNIFICANCE.—Title
X of the Elementary and Secondary Education Act of
1965, as amended by Public Law 103–382 (108 Stat.
3809 et seq.), is amended—
(1) in section 10413(a) by striking paragraph
(4),
(2) in section 10963(b)(2) by striking subpara-
graph (G), and
(3) in section 10974(a)(6) by striking subpara-
graph (G).
(d) NATIVE HAWAIIAN FAMILY-BASED EDUCATION
CENTERS.—Section 9205 of the Native Hawaiian Edu-
cation Act (Public Law 103–382; 108 Stat. 3794) is re-
pealed.
Subtitle B—Family and School-
Based Nutrition Block Grants
CHAPTER 1—FAMILY NUTRITION BLOCK
GRANT PROGRAM
SEC. 321. AMENDMENT TO CHILD NUTRITION ACT OF 1966.
The Child Nutrition Act of 1966 (42 U.S.C. 1771
et seq.) is amended to read as follows:
114
‘‘SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
‘‘(a) SHORT TITLE.—This Act may be cited as the
‘Child Nutrition Act of 1966’.
‘‘(b) TABLE OF CONTENTS.—The table of contents
is as follows:
‘‘Sec. 1. Short title; table of contents.
‘‘Sec. 2. Authorization.
‘‘Sec. 3. Allotment.
‘‘Sec. 4. Application.
‘‘Sec. 5. Use of amounts.
‘‘Sec. 6. Reports.
‘‘Sec. 7. Penalties.
‘‘Sec. 8. Model
nutrition
standards
for
food
assistance
for
pregnant,
postpartum, and breastfeeding women, infants and children.
‘‘Sec. 9. Authorization of appropriations.
‘‘Sec. 10. Definitions.
‘‘SEC. 2. AUTHORIZATION.
‘‘(a) IN GENERAL.—In the case of each State that
in accordance with section 4 submits to the Secretary of
Agriculture an application for a fiscal year, the Secretary
shall provide a grant for the year to the State for the pur-
pose of achieving the goals described in subsection (b).
The grant shall consist of the allotment determined for
the State under section 3.
‘‘(b) GOALS.—The goals of this Act are—
‘‘(1) to provide nutritional risk assessment, food
assistance based on such risk assessment, and nutri-
tion education and counseling to economically dis-
advantaged pregnant women, postpartum women,
breastfeeding women, infants, and young children
who are determined to be at nutritional risk;
116
children with disabilities receive nutritious meals,
supplements, and low-cost milk; and
‘‘(8) to provide summer food service programs
to meet the nutritional needs of children from eco-
nomically
disadvantaged
families
during
months
when school is not in session.
‘‘(c) TIMING OF PAYMENTS.—The Secretary shall
provide payments under a grant under this Act to States
on a quarterly basis.
‘‘SEC. 3. ALLOTMENT.
‘‘The Secretary shall allot the amount appropriated
to carry out this Act for a fiscal year among the States
as follows:
‘‘(1) FIRST FISCAL YEAR.—
‘‘(A) IN GENERAL.—With respect to the
first fiscal year for which the Secretary provides
grants to States under this Act, the amount al-
lotted to each State shall bear the same propor-
tion to such amount appropriated as the aggre-
gate of the amounts described in subparagraph
(B) that were received by each such State
under the provisions of law described in such
subparagraph (as such provisions of law were in
effect on the day before the date of the enact-
ment of the Personal Responsibility Act of
117
1995) for the preceding fiscal year bears to the
aggregate of the amounts described in subpara-
graph (B) that were received by all such States
under such provisions of law for such preceding
fiscal year.
‘‘(B)
AMOUNTS
DESCRIBED.—The
amounts described in this subparagraph are the
following:
‘‘(i) The amount received under the
special supplemental nutrition program for
women, infants, and children under section
17 of this Act (42 U.S.C. 1786).
‘‘(ii) The amount received under the
homeless children nutrition program estab-
lished under section 17B of the National
School Lunch Act (42 U.S.C. 1766b).
‘‘(iii) 87.5 percent of the sum of the
amounts received under the following pro-
grams:
‘‘(I) The child and adult care
food program under section 17 of the
National
School
Lunch
Act
(42
U.S.C. 1766), except for subsection
(o) of such section.
118
‘‘(II) The summer food service
program
for
children
established
under
section
of
the
National
School Lunch Act (42 U.S.C. 1761).
‘‘(III) The special milk program
established under section 3 of this Act
(42 U.S.C. 1772).
‘‘(2) SECOND FISCAL YEAR.—With respect to
the second fiscal year for which the Secretary pro-
vides grants to States under this Act—
‘‘(A) 95 percent of such amount appro-
priated shall be allotted among the States by al-
lotting to each State an amount that bears the
same proportion to such amount appropriated
as the amount allotted to each such State from
a grant under this Act for the preceding fiscal
year bears to the aggregate of the amounts al-
lotted to all such States from grants under this
Act for such preceding fiscal year; and
‘‘(B) 5 percent of such amount appro-
priated shall be allotted among the States by al-
lotting to each State an amount that bears the
same proportion to such amount appropriated
as the relative number of individuals receiving
assistance during the 1-year period ending on
119
June 30 of the preceding fiscal year in such
State from amounts received from a grant
under this Act for such preceding fiscal year
bears to the total number of individuals receiv-
ing assistance in all States from amounts re-
ceived from grants under this Act for the pre-
ceding fiscal year.
‘‘(3) THIRD
AND
FOURTH
FISCAL
YEARS.—
With respect to each of the third and fourth fiscal
years for which the Secretary provides grants to
States under this Act—
‘‘(A) 90 percent of such amount appro-
priated shall be allotted among the States by al-
lotting to each State an amount determined in
accordance with the formula described in para-
graph (2)(A); and
‘‘(B) 10 percent of such amount appro-
priated shall be allotted among the States by al-
lotting to each State an amount determined in
accordance with the formula described in para-
graph (2)(B).
‘‘(4) FIFTH FISCAL YEAR.—With respect to the
fifth fiscal year for which the Secretary provides
grants to States under this Act—
120
‘‘(A) 85 percent of such amount appro-
priated shall be allotted among the States by al-
lotting to each State an amount determined in
accordance with the formula described in para-
graph (2)(A); and
‘‘(B) 15 percent of such amount appro-
priated shall be allotted among the States by al-
lotting to each State an amount determined in
accordance with the formula described in para-
graph (2)(B).
‘‘SEC. 4. APPLICATION.
‘‘The Secretary may provide a grant under this Act
to a State for a fiscal year only if the State submits to
the Secretary an application containing only—
‘‘(1) an agreement that the State will use
amounts received from such grant in accordance
with section 5;
‘‘(2) except as provided in paragraph (3), an
agreement that the State will set minimum nutri-
tional requirements for food assistance provided
under this Act based on the most recent tested nu-
tritional research available, except that—
‘‘(A) such requirements shall not be con-
strued to prohibit the substitution of foods to
121
accommodate the medical or other special die-
tary needs of individual students; and
‘‘(B) such requirements shall, at a mini-
mum, be based on—
‘‘(i) the weekly average of the nutrient
content of school lunches; or
‘‘(ii)
such
other
standards
as
the
State may prescribe;
‘‘(3) an agreement that the State, with respect
to the provision of food assistance to economically
disadvantaged pregnant women, postpartum women,
breastfeeding women, infants, and young children,
shall—
‘‘(A) implement the minimum nutritional
requirements described in paragraph (2) for
such food assistance; or
‘‘(B) implement the model nutrition stand-
ards developed under section 8 for such food as-
sistance;
‘‘(4) an agreement that the State will take such
reasonable steps as the State deems necessary to re-
strict the use and disclosure of information about in-
dividuals and families receiving assistance under this
Act;
122
‘‘(5) an agreement that the State will use not
more than 5 percent of the amount of such grant for
administrative costs incurred to provide assistance
under this Act, except that costs associated with the
nutritional risk assessment of individuals described
in section 5(a)(1) and costs associated with nutrition
education and counseling provided to such individ-
uals shall not be considered to be administrative
costs; and
‘‘(6) an agreement that the State will submit to
the Secretary a report in accordance with section 6.
‘‘SEC. 5. USE OF AMOUNTS.
‘‘(a) IN GENERAL.—The Secretary may provide a
grant under this Act to a State only if the State agrees
that it will use all amounts received from such grant—
‘‘(1) subject to subsection (b), to provide nutri-
tional risk assessment, food assistance based on such
risk assessment, and nutrition education and coun-
seling
to
economically
disadvantaged
pregnant
women, postpartum women, breastfeeding women,
infants, and young children who are determined to
be at nutritional risk;
‘‘(2)
to
provide
milk
in
nonprofit
nursery
schools, child care centers, settlement houses, sum-
mer camps, and similar institutions devoted to the
123
care and training of children, to children from eco-
nomically disadvantaged families;
‘‘(3) to provide food service programs in institu-
tions and family day care homes providing child care
to children from economically disadvantaged fami-
lies;
‘‘(4) to provide summer food service programs
carried out by nonprofit food authorities, local gov-
ernments, nonprofit higher education institutions
participating in the National Youth Sports Program,
and residential nonprofit summer camps to children
from economically disadvantaged families; and
‘‘(5) to provide nutritious meals to pre-school
age homeless children in shelters and other facilities
serving the homeless population.
‘‘(b) ADDITIONAL REQUIREMENTS WITH RESPECT
TO ASSISTANCE
FOR PREGNANT, POSTPARTUM,
AND
BREASTFEEDING WOMEN, INFANTS, AND CHILDREN.—
‘‘(1) MINIMUM AMOUNT OF ASSISTANCE.—The
State shall ensure that not less than 80 percent of
the amount of the grant is used to provide nutri-
tional risk assessment, food assistance based on such
nutritional risk assessment, and nutrition education
and counseling to economically disadvantaged preg-
nant
women,
postpartum
women,
breastfeeding
124
women, infants, and young children under sub-
section (a)(1).
‘‘(2) COST CONTAINMENT MEASURES REGARD-
ING PROCUREMENT OF INFANT FORMULA.—
‘‘(A) IN GENERAL.—The State shall, with
respect to the provision of food assistance to
economically disadvantaged pregnant women,
postpartum women, breastfeeding women, in-
fants, and young children under subsection
(a)(1), establish and carry out a cost contain-
ment system for the procurement of infant for-
mula.
‘‘(B) USE OF AMOUNTS RESULTING FROM
SAVINGS.—The State shall use amounts avail-
able to the State as result of savings in costs
to the State from the implementation of the
cost containment system described in subpara-
graph (A) for the purpose of providing the as-
sistance described in paragraphs (1) through
(5) of subsection (a).
‘‘(C) ANNUAL REPORTS.—The State shall
submit to the Secretary for each fiscal year a
report containing—
‘‘(i) a description of the cost contain-
ment system for infant formula imple-
125
mented by the State in accordance with
subparagraph (A) for such fiscal year; and
‘‘(ii) the estimated amount of savings
in costs derived by the State in providing
food assistance described in such subpara-
graph under such cost containment system
for such fiscal year as compared to the
amount of such savings derived by the
State under the cost containment system
for the preceding fiscal year, where appro-
priate.
‘‘(3)
ASSISTANCE
FOR
MEMBERS
OF
THE
ARMED
FORCES
AND
THEIR
DEPENDENTS.—The
State shall ensure that assistance described in sub-
section (a)(1) is provided to members of the Armed
Forces and dependents of such members (regardless
of the State of residence of such members or de-
pendents) who meet the requirements of such sub-
section on an equitable basis with assistance pro-
vided to all other individuals under such subsection
in such State.
‘‘(c) ADDITIONAL REQUIREMENT WITH RESPECT TO
CHILD
CARE
ASSISTANCE
ON
MILITARY
INSTALLA-
TIONS.—
126
‘‘(1) IN
GENERAL.—To the extent consistent
with the number of children who are receiving assist-
ance under child care programs established and car-
ried out on military installations in such State by
the Department of Defense, the State, after timely
and appropriate consultation with representatives of
such programs, shall provide assistance to such pro-
grams for such children (regardless of the State of
residence of such children) in accordance with sub-
section (a)(3) on an equitable basis with assistance
provided in accordance with such subsection to all
other child care programs carried out in such State.
‘‘(2) LIMITATION.—In providing assistance to a
child care program established and carried out on a
military installation under paragraph (1), a State
shall not require that such program be licensed
under State law if such program is licensed by the
Department of Defense.
‘‘(d) AUTHORITY TO USE AMOUNTS
FOR OTHER
PURPOSES.—
‘‘(1) IN GENERAL.—Subject to paragraphs (2)
and (3), a State may use not more than 20 percent
of amounts received from a grant under this Act for
a fiscal year to carry out a State program pursuant
to any or all of the following provisions of law:
127
‘‘(A) Part A of title IV of the Social Secu-
rity Act (42 U.S.C. 601 et seq.).
‘‘(B) Part B of title IV of the Social Secu-
rity Act (42 U.S.C. 621 et seq.).
‘‘(C) Title XX of the Social Security Act
(42 U.S.C. 1397 et seq.).
‘‘(D) The National School Lunch Act (42
U.S.C. 1751 et seq.).
‘‘(E) The Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858 et
seq.).
‘‘(2) SUFFICIENT FUNDING DETERMINATION.—
Prior to using any amounts received from a grant
under this Act for a fiscal year to carry out a State
program pursuant to any or all of the provisions of
law described in paragraph (1), the appropriate
State agency shall make a determination that suffi-
cient amounts will remain available for such fiscal
year to carry out this Act.
‘‘(3) RULES GOVERNING USE OF AMOUNTS FOR
OTHER
PURPOSES.—Amounts
paid
to
the
State
under a grant under this Act that are used to carry
out a State program pursuant to a provision of law
specified in paragraph (1) shall not be subject to the
requirements of this Act, but shall be subject to the
128
same requirements that apply to Federal funds pro-
vided directly under the provision of law to carry out
the program.
‘‘SEC. 6. REPORTS.
‘‘The Secretary may provide a grant under this Act
to a State for a fiscal year only if the State agrees that
it will submit, for such fiscal year, a report to the Sec-
retary describing—
‘‘(1) the number of individuals receiving assist-
ance under the grant in accordance with each of
paragraphs (1) through (5) of section 5(a);
‘‘(2) the different types of assistance provided
to such individuals in accordance with such para-
graphs;
‘‘(3) the extent to which such assistance was ef-
fective in achieving the goals described in section
2(b);
‘‘(4) the standards and methods the State is
using to ensure the nutritional quality of such assist-
ance, including meals and supplements;
‘‘(5) the number of low birthweight births in
the State in such fiscal year compared to the num-
ber of such births in the State in the previous fiscal
year; and
129
‘‘(6) any other information which can be rea-
sonably required by the Secretary.
‘‘SEC. 7. PENALTIES.
‘‘(a) PENALTY FOR USE OF AMOUNTS IN VIOLATION
OF THIS ACT.—
‘‘(1) IN GENERAL.—The Secretary shall reduce
the amounts otherwise payable to a State under a
grant under this Act by any amount paid to the
State under this Act which an audit conducted pur-
suant to chapter 75 of title 31, United States Code,
finds has been used in violation of this Act.
‘‘(2) LIMITATION.—In carrying out paragraph
(1), the Secretary shall not reduce any quarterly
payment by more than 25 percent.
‘‘(b) PENALTY FOR FAILURE TO SUBMIT REQUIRED
REPORT.—The Secretary shall reduce by 3 percent the
amount otherwise payable to a State under a grant under
this Act for a fiscal year if the Secretary determines that
the State has not submitted the report required by section
6 for the immediately preceding fiscal year, within 6
months after the end of the immediately preceding fiscal
year.
130
‘‘SEC. 8. MODEL NUTRITION STANDARDS FOR FOOD ASSIST-
ANCE
FOR
PREGNANT,
POSTPARTUM,
AND
BREASTFEEDING
WOMEN,
INFANTS
AND
CHILDREN.
‘‘(a) IN GENERAL.—Not later than April 1, 1996, the
Food and Nutrition Board of the Institute of Medicine of
the National Academy of Sciences, in cooperation with pe-
diatricians, obstetricians, nutritionists, and directors of
programs providing nutritional risk assessment, food as-
sistance, and nutrition education and counseling to eco-
nomically disadvantaged pregnant women, postpartum
women, breastfeeding women, infants, and young children,
shall develop model nutrition standards for food assistance
provided to such women, infants, and children under this
Act.
‘‘(b) REQUIREMENT.—Such model nutrition stand-
ards shall require that food assistance provided to such
women, infants, and children contain nutrients that are
lacking in the diets of such women, infants, and children,
as determined by nutritional research.
‘‘(c) REPORT TO CONGRESS.—Not later than 1 year
after the date on which the model nutrition standards are
developed under subsection (a), the Food and Nutrition
Board of the Institute of Medicine of the National Acad-
emy of Sciences shall prepare and submit to the Congress
131
a report regarding the efforts of States to implement such
model nutrition standards.
‘‘SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—There are authorized to be ap-
propriated to carry out this Act $4,606,000,000 for fiscal
year
1996,
$4,777,000,000
for
fiscal
year
1997,
$4,936,000,000 for fiscal year 1998, $5,120,000,000 for
fiscal year 1999, and $5,308,000,000 for fiscal year 2000.
‘‘(b) AVAILABILITY.—Amounts authorized to be ap-
propriated under subsection (a) are authorized to remain
available until the end of the fiscal year subsequent to the
fiscal year for which such amounts are appropriated.
‘‘SEC. 10. DEFINITIONS.
‘‘For purposes of this Act:
‘‘(1)
BREASTFEEDING
WOMEN.—The
term
‘breastfeeding women’ means women up to 1 year
postpartum who are breastfeeding their infants.
‘‘(2)
ECONOMICALLY
DISADVANTAGED.—The
term ‘economically disadvantaged’ means an individ-
ual or a family, as the case may be, whose annual
income does not exceed 185 percent of the applicable
family size income levels contained in the most re-
cent income poverty guidelines prescribed by the Of-
fice of Management and Budget and based on data
from the Bureau of the Census.
132
‘‘(3) INFANTS.—The term ‘infants’ means indi-
viduals under 1 year of age.
‘‘(4)
POSTPARTUM
WOMEN.—The
term
‘postpartum women’ means women who are in the
180-day period beginning on the termination of
pregnancy.
‘‘(5) PREGNANT WOMEN.—The term ‘pregnant
women’ means women who have 1 or more fetuses
in utero.
‘‘(6) SCHOOL.—The term ‘school’ means a pub-
lic or private nonprofit elementary, intermediate, or
secondary school.
‘‘(7) SECRETARY.—The term ‘Secretary’ means
the Secretary of Agriculture.
‘‘(8) STATE.—The term ‘State’ means any of
the several States, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth
of the Northern Mariana Islands, American Samoa,
Guam, the Virgin Islands, or a tribal organization
(as defined in section 4(l) of the Indian Self-Deter-
mination and Education Assistance Act (25 U.S.C.
450b(l))).
‘‘(9) YOUNG CHILDREN.—The term ‘young chil-
dren’ means individuals who have attained the age
of 1 but have not attained the age of 5.’’.
133
CHAPTER 2—SCHOOL-BASED NUTRITION
BLOCK GRANT PROGRAM
SEC. 341. AMENDMENT TO NATIONAL SCHOOL LUNCH ACT.
The National School Lunch Act (42 U.S.C. 1751 et
seq.) is amended to read as follows:
‘‘SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
‘‘(a) SHORT TITLE.—This Act may be cited as the
‘National School Lunch Act’.
‘‘(b) TABLE OF CONTENTS.—The table of contents
is as follows:
‘‘Sec. 1. Short title; table of contents.
‘‘Sec. 2. Authorization.
‘‘Sec. 3. Allotment.
‘‘Sec. 4. Application.
‘‘Sec. 5. Use of amounts.
‘‘Sec. 6. Reports.
‘‘Sec. 7. Penalties.
‘‘Sec. 8. Assistance to children enrolled in private nonprofit schools and Depart-
ment of Defense domestic dependents’ schools in case of re-
strictions on State or failure by State to provide assistance.
‘‘Sec. 9. Food service programs for department of defense overseas dependents’
schools.
‘‘Sec. 10. Model nutrition standards for meals for students.
‘‘Sec. 11. Definitions.
‘‘SEC. 2. AUTHORIZATION.
‘‘(a) ENTITLEMENT.—
‘‘(1) IN GENERAL.—In the case of each State
that in accordance with section 4 submits to the
Secretary of Agriculture an application for a fiscal
year, each such State shall be entitled to receive
from the Secretary for such fiscal year a grant for
the purpose of achieving the goals described in sub-
section (b). Subject to paragraph (2), the grant shall
134
consist of the allotment for such State determined
under section 3 of the school-based nutrition amount
for the fiscal year.
‘‘(2)
REQUIREMENT
TO
PROVIDE
COMMOD-
ITIES.—9 percent of the amount of the assistance
available under this Act for each State shall be in
the form of commodities.
‘‘(3) SCHOOL-BASED NUTRITION AMOUNT.—
‘‘(A) IN GENERAL.—For purposes of this
Act, the term ‘school-based nutrition amount’
means, subject to the reservation contained in
subparagraph (B), $6,681,000,000 for fiscal
year 1996, $6,956,000,000 for fiscal year 1997,
$7,237,000,000
for
fiscal
year
1998,
$7,538,000,000
for
fiscal
year
1999,
and
$7,849,000,000 for fiscal year 2000.
‘‘(B) RESERVATION.—For each fiscal year
described in subparagraph (A), the Secretary
shall reserve an amount equal to the amount
determined under subsection (c) of section 9 for
such fiscal year from the school-based nutrition
amount for the purpose of establishing and car-
rying out nutritious food service programs at
Department of Defense overseas dependents’
schools in accordance with such section.
135
‘‘(4) AVAILABILITY.—Payments under a grant
to a State from the allotment determined under sec-
tion 3 for any fiscal year may be obligated by the
State in that fiscal year or in the succeeding fiscal
year.
‘‘(b) GOALS.—The goals of this Act are—
‘‘(1) to safeguard the health and well-being of
children through the provision of nutritious, well-bal-
anced meals and food supplements;
‘‘(2) to provide economically disadvantaged chil-
dren access to nutritious free or low cost meals, food
supplements, and low-cost milk;
‘‘(3) to ensure that children served under this
Act are receiving the nutrition they require to take
advantage of the educational opportunities provided
to them;
‘‘(4) to emphasize foods which are naturally
good sources of vitamins and minerals over foods
which have been enriched with vitamins and min-
erals and are high in fat or sodium content;
‘‘(5) to provide a comprehensive school nutri-
tion program for children; and
‘‘(6) to minimize paperwork burdens and ad-
ministrative expenses for participating schools.
136
‘‘(c) TIMING OF PAYMENTS.—The Secretary shall
provide payments under a grant under this Act to States
on a quarterly basis.
‘‘SEC. 3. ALLOTMENT.
‘‘The Secretary shall allot the school-based nutrition
amount to carry out this Act for a fiscal year among the
States as follows:
‘‘(1) FIRST FISCAL YEAR.—
‘‘(A) IN GENERAL.—With respect to the
first fiscal year for which the Secretary provides
grants to States under this Act, the amount al-
lotted to each State shall bear the same propor-
tion to such school-based nutrition amount as
the aggregate of the amounts described in sub-
paragraph (B) that were received by each such
State under the provisions of law described in
such subparagraph (as such provisions of law
were in effect on the day before the date of the
enactment of the Personal Responsibility Act of
1995) for the preceding fiscal year bears to the
aggregate of the amounts described in subpara-
graph (B) that were received by all such States
under such provisions of law for such preceding
fiscal year.
137
‘‘(B)
AMOUNTS
DESCRIBED.—The
amounts described in this subparagraph are the
following:
‘‘(i) The amount received under the
school breakfast program established under
section 4 of the Child Nutrition Act of
1966 (42 U.S.C. 1773).
‘‘(ii) The amount received under the
school lunch program established under
this Act (42 U.S.C. 1751 et seq.).
‘‘(iii) 12.5 percent of the sum of the
amounts received under the following pro-
grams:
‘‘(I) The child and adult care
food program under section 17 of this
Act (42 U.S.C. 1766), except for sub-
section (o) of such section.
‘‘(II) The summer food service
program
for
children
established
under section 13 of this Act (42
U.S.C. 1761).
‘‘(III) The special milk program
established under section 3 of the
Child
Nutrition
Act
of
1966
(42
U.S.C. 1772).
138
‘‘(2) SECOND FISCAL YEAR.—With respect to
the second fiscal year for which the Secretary pro-
vides grants to States under this Act—
‘‘(A) 95 percent of such school-based nu-
trition amount shall be allotted among the
States by allotting to each State an amount
that bears the same proportion to such school-
based nutrition amount as the amount allotted
to each such State from a grant under this Act
for the preceding fiscal year bears to the aggre-
gate of the amounts allotted to all such States
from grants under this Act for such preceding
fiscal year; and
‘‘(B) 5 percent of such school-based nutri-
tion amount shall be allotted among the States
by allotting to each State an amount that bears
the same proportion to such school-based nutri-
tion amount as the relative number of meals
served during the 1-year period ending on June
30 of the preceding fiscal year in a State from
amounts received from a grant under this Act
for such preceding fiscal year bears to the total
number of meals served in all States from
amounts received from grants under this Act
for the preceding fiscal year.
139
‘‘(3) THIRD
AND
FOURTH
FISCAL
YEARS.—
With respect to each of the third and fourth fiscal
years for which the Secretary provides grants to
States under this Act—
‘‘(A) 90 percent of such school-based nu-
trition amount shall be allotted among the
States by allotting to each State an amount de-
termined in accordance with the formula de-
scribed in paragraph (2)(A); and
‘‘(B) 10 percent of such school-based nu-
trition amount shall be allotted among the
States by allotting to each State an amount de-
termined in accordance with the formula de-
scribed in paragraph (2)(B).
‘‘(4) FIFTH FISCAL YEAR.—With respect to the
fifth fiscal year for which the Secretary provides
grants to States under this Act—
‘‘(A) 85 percent of such school-based nu-
trition amount shall be allotted among the
States by allotting to each State an amount de-
termined in accordance with the formula de-
scribed in paragraph (2)(A); and
‘‘(B) 15 percent of such school-based nu-
trition amount shall be allotted among the
States by allotting to each State an amount de-
140
termined in accordance with the formula de-
scribed in paragraph (2)(B).
‘‘SEC. 4. APPLICATION.
‘‘The Secretary may provide a grant under this Act
to a State for a fiscal year only if the State submits to
the Secretary an application containing only—
‘‘(1) an agreement that the State will use
amounts received from such grant in accordance
with section 5;
‘‘(2) except as provided in paragraph (3), an
agreement that the State will set minimum nutri-
tional requirements for meals provided under this
Act based on the most recent tested nutritional re-
search available, except that—
‘‘(A) such requirements shall not be con-
strued to prohibit the substitution of foods to
accommodate the medical or other special die-
tary needs of individual students; and
‘‘(B) such requirements shall, at a mini-
mum, be based on—
‘‘(i) the weekly average of the nutrient
content of school lunches; or
‘‘(ii)
such
other
standards
as
the
State may prescribe;
141
‘‘(3) an agreement that the State, with respect
to the provision of meals to students, shall—
‘‘(A) implement the minimum nutritional
requirements described in paragraph (2) for
such meals; or
‘‘(B) implement the model nutrition stand-
ards developed under section 10 for such meals;
‘‘(4) an agreement that the State will take such
reasonable steps as the State deems necessary to re-
strict the use and disclosure of information about in-
dividuals and families receiving assistance under this
Act;
‘‘(5) an agreement that the State will use not
more than 2 percent of the amount of such grant for
administrative costs incurred to provide assistance
under this Act; and
‘‘(6) an agreement that the State will submit to
the Secretary a report in accordance with section 6.
‘‘SEC. 5. USE OF AMOUNTS.
‘‘(a) IN GENERAL.—The Secretary may provide a
grant under this Act to a State only if the State agrees
that it will use all amounts received from such grant to
provide assistance to schools to establish and carry out
nutritious food service programs that provide affordable
meals and supplements to students, which may include—
142
‘‘(1) nonprofit school breakfast programs;
‘‘(2) nonprofit school lunch programs;
‘‘(3) nonprofit before and after school supple-
ment programs;
‘‘(4) nonprofit low-cost milk services; and
‘‘(5) nonprofit summer meals programs.
‘‘(b) ADDITIONAL REQUIREMENTS.—
‘‘(1) MINIMUM AMOUNT OF GRANT FOR FREE
OR LOW COST MEALS OR SUPPLEMENTS.—In provid-
ing assistance to schools to establish and carry out
nutritious food service programs in accordance with
subsection (a), the State shall ensure that not less
than 80 percent of the amount of the grant is used
to provide free or low cost meals or supplements to
economically disadvantaged children.
‘‘(2) PROVISION OF FOOD SERVICE PROGRAMS
IN PRIVATE NONPROFIT SCHOOLS AND DEPARTMENT
OF DEFENSE DOMESTIC DEPENDENTS’ SCHOOLS.—
To the extent consistent with the number of children
in the State who are enrolled in private nonprofit
schools and Department of Defense domestic de-
pendents’ schools, the State, after timely and appro-
priate
consultation
with
representatives
of
such
schools, as the case may be, shall ensure that nutri-
tious food service programs are established and car-
143
ried out in such schools in accordance with sub-
section (a) on an equitable basis with nutritious food
service programs established and carried out in pub-
lic nonprofit schools in the State.
‘‘(c) AUTHORITY TO USE AMOUNTS
FOR OTHER
PURPOSES.—
‘‘(1) IN GENERAL.—Subject to paragraphs (2)
and (3), a State may use not more than 20 percent
of amounts received from a grant under this Act for
a fiscal year to carry out a State program pursuant
to any or all of the following provisions of law:
‘‘(A) Part A of title IV of the Social Secu-
rity Act (42 U.S.C. 601 et seq.).
‘‘(B) Part B of title IV of the Social Secu-
rity Act (42 U.S.C. 621 et seq.).
‘‘(C) Title XX of the Social Security Act
(42 U.S.C. 1397 et seq.).
‘‘(D) The Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.).
‘‘(E) The Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858 et
seq.).
‘‘(2) SUFFICIENT FUNDING DETERMINATION.—
Prior to using any amounts received from a grant
under this Act for a fiscal year to carry out a State
144
program pursuant to any or all of the provisions of
law described in paragraph (1), the appropriate
State agency shall make a determination that suffi-
cient amounts will remain available for such fiscal
year to carry out this Act.
‘‘(3) RULES GOVERNING USE OF AMOUNTS FOR
OTHER
PURPOSES.—Amounts
paid
to
the
State
under a grant under this Act that are used to carry
out a State program pursuant to a provision of law
specified in paragraph (1) shall not be subject to the
requirements of this Act, but shall be subject to the
same requirements that apply to Federal funds pro-
vided directly under the provision of law to carry out
the program.
‘‘(d) LIMITATION ON PROVISION OF COMMODITIES
TO CERTAIN SCHOOL DISTRICTS, PRIVATE NONPROFIT
SCHOOLS, AND DEPARTMENT OF DEFENSE DOMESTIC
DEPENDENTS’ SCHOOLS.—
‘‘(1) IN GENERAL.—A State may not require a
school district, private nonprofit school, or Depart-
ment of Defense domestic dependents’ school de-
scribed in paragraph (2), except upon the request of
such school district, private school, or domestic de-
pendents’ school, as the case may be, to accept com-
modities for use in the food service program of such
145
school district, private school, or domestic depend-
ents’ school in accordance with this section. Such
school district, private school, or domestic depend-
ents’ school may continue to receive commodity as-
sistance in the form that it received such assistance
as of January 1, 1987.
‘‘(2) SCHOOL
DISTRICT,
PRIVATE
NONPROFIT
SCHOOL, AND DEPARTMENT OF DEFENSE DOMESTIC
DEPENDENTS’ SCHOOL DESCRIBED.—A school dis-
trict, private nonprofit school, or Department of De-
fense domestic dependents’ school described in this
paragraph is a school district, private nonprofit
school, or Department of Defense domestic depend-
ents’ school, as the case may be, that as of January
1, 1987, was receiving all cash payments or all com-
modity letters of credit in lieu of entitlement com-
modities for the school lunch program of such school
district, private school, or domestic dependents’
school under section 18(b) of the National School
Lunch Act (42 U.S.C. 1751 et seq.), as such section
was in effect on the day before the date of the enact-
ment of the Personal Responsibility Act of 1995.
‘‘(e)
PROHIBITION
ON
PHYSICAL
SEGREGATION,
OVERT IDENTIFICATION,
OR OTHER DISCRIMINATION
WITH RESPECT TO CHILDREN ELIGIBLE FOR FREE OR
146
LOW COST MEALS OR SUPPLEMENTS.—In providing as-
sistance to schools to establish and carry out nutritious
food service programs in accordance with subsection (a),
the State shall ensure that such schools do not—
‘‘(1) physically segregate children eligible to re-
ceive free or low cost meals or supplements on the
basis of such eligibility;
‘‘(2) provide for the overt identification of such
children by special tokens or tickets, announced or
published list of names, or other means; or
‘‘(3) otherwise discriminate against such chil-
dren.
‘‘SEC. 6. REPORTS.
‘‘The Secretary may provide a grant under this Act
to a State for a fiscal year only if the State agrees that
it will submit, for such fiscal year, a report to the Sec-
retary describing—
‘‘(1) the number of individuals receiving assist-
ance under the grant;
‘‘(2) the different types of assistance provided
to such individuals;
‘‘(3) the total number of meals served to stu-
dents under the grant, including the percentage of
such meals served to economically disadvantaged
students;
147
‘‘(4) the extent to which such assistance was ef-
fective in achieving the goals described in section
2(b);
‘‘(5) the standards and methods the State is
using to ensure the nutritional quality of such assist-
ance, including meals and supplements; and
‘‘(6) any other information which can be rea-
sonably required by the Secretary.
‘‘SEC. 7. PENALTIES.
‘‘(a) PENALTY FOR USE OF AMOUNTS IN VIOLATION
OF THIS ACT.—
‘‘(1) IN GENERAL.—The Secretary shall reduce
the amounts otherwise payable to a State under a
grant under this Act by any amount paid to the
State under this Act which an audit conducted pur-
suant to chapter 75 of title 31, United States Code,
finds has been used in violation of this Act.
‘‘(2) LIMITATION.—In carrying out paragraph
(1), the Secretary shall not reduce any quarterly
payment by more than 25 percent.
‘‘(b) PENALTY FOR FAILURE TO SUBMIT REQUIRED
REPORT.—The Secretary shall reduce by 3 percent the
amount otherwise payable to a State under a grant under
this Act for a fiscal year if the Secretary determines that
the State has not submitted the report required by section
148
6 for the immediately preceding fiscal year, within 6
months after the end of the immediately preceding fiscal
year.
‘‘SEC. 8. ASSISTANCE TO CHILDREN ENROLLED IN PRIVATE
NONPROFIT SCHOOLS AND DEPARTMENT OF
DEFENSE DOMESTIC DEPENDENTS’ SCHOOLS
IN CASE OF RESTRICTIONS ON STATE OR
FAILURE BY STATE TO PROVIDE ASSISTANCE.
‘‘(a) IN GENERAL.—If, by reason of any other provi-
sion of law, a State is prohibited from providing assistance
from amounts received from a grant under this Act to pri-
vate nonprofit schools or Department of Defense domestic
dependents’ schools for a fiscal year to establish and carry
out nutritious food service programs in such schools in ac-
cordance with section 5(a), or the Secretary determines
that a State has substantially failed or is unwilling to pro-
vide such assistance to such private nonprofit schools or
domestic dependents’ schools for such fiscal year, the Sec-
retary shall, after consultation with appropriate represent-
atives of the State and private nonprofit schools or domes-
tic dependents’ schools, as the case may be, arrange for
the provision of such assistance to private nonprofit
schools or domestic dependents’ schools in the State for
such fiscal year in accordance with the requirements this
Act.
149
‘‘(b) REDUCTION IN AMOUNT OF STATE GRANT.—
If the Secretary arranges for the provision of assistance
to private nonprofit schools or Department of Defense do-
mestic dependents’ schools in a State for a fiscal year
under subsection (a), the amount of the grant for such
State for such fiscal year shall be reduced by the amount
of such assistance provided to such private nonprofit
schools or domestic dependents’ schools, as the case may
be.
‘‘SEC. 9. FOOD SERVICE PROGRAMS FOR DEPARTMENT OF
DEFENSE OVERSEAS DEPENDENTS’ SCHOOLS.
‘‘(a) IN GENERAL.—The Secretary shall make avail-
able to the Secretary of Defense for each fiscal year funds
and commodities in an amount determined in accordance
with subsection (c) for the purpose of establishing and car-
rying out nutritious food service programs that provide af-
fordable meals and supplements to students attending De-
partment of Defense overseas dependents’ schools.
‘‘(b) REQUIREMENTS.—In carrying out nutritious
food service programs under subsection (a), the Secretary
of Defense—
‘‘(1) shall ensure that not less than 80 percent
of the amount of assistance provided to each school
for a fiscal year is used to provide free or low cost
150
meals or supplements to economically disadvantaged
children; and
‘‘(2) shall ensure that, with respect to the pro-
vision of meals to students, each such school will—
‘‘(A) implement minimum nutritional re-
quirements for meals provided under this sec-
tion based on the most recent tested nutritional
research available, except that—
‘‘(i) such requirements shall not be
construed to prohibit the substitution of
foods to accommodate the medical or other
special dietary needs of individual stu-
dents; and
‘‘(ii) such requirements shall, at a
minimum, be based on—
‘‘(I) the weekly average of the
nutrient content of school lunches; or
‘‘(II) such other standards as the
Secretary
of
Agriculture
may
pre-
scribe; or
‘‘(B) implement the model nutrition stand-
ards developed under section 10 for such meals.
‘‘(c) AMOUNT AND SOURCE OF FUNDS AND COMMOD-
ITIES.—
151
‘‘(1) AMOUNT.—The Secretary, in consultation
with the Secretary of Defense, shall determine the
amount of funds and commodities necessary for each
fiscal year to establish and carry out nutritious food
service programs described in subsection (a).
‘‘(2) SOURCE.—Such amount of funds and com-
modities shall consist of the reservation of the
school-based nutrition amount in accordance with
section 2(a)(3)(B).
‘‘SEC. 10. MODEL NUTRITION STANDARDS FOR MEALS FOR
STUDENTS.
‘‘(a) MODEL NUTRITION STANDARDS.—Not later
than April 1, 1996, the Food and Nutrition Board of the
Institute of Medicine of the National Academy of Sciences,
in cooperation with nutritionists and directors of programs
providing meals to students under this Act, shall develop
model nutrition standards for meals provided to such stu-
dents under this Act.
‘‘(b) REPORT TO CONGRESS.—Not later than 1 year
after the date on which the model nutrition standards are
developed under subsection (a), the Food and Nutrition
Board of the Institute of Medicine of the National Acad-
emy of Sciences shall prepare and submit to the Congress
a report regarding the efforts of States to implement such
model nutrition standards.
152
‘‘SEC. 11. DEFINITIONS.
‘‘For purposes of this Act:
‘‘(1) DEPARTMENT OF DEFENSE DOMESTIC DE-
PENDENTS’ SCHOOL.—The term ‘Department of De-
fense domestic dependents’ school’ means an elemen-
tary or secondary school established pursuant to sec-
tion 2164 of title 10, United States Code.
‘‘(2) DEPARTMENT OF DEFENSE OVERSEAS DE-
PENDENTS’ SCHOOL.—The term ‘Department of De-
fense overseas dependents’ school’ means a Depart-
ment of Defense dependents’ school which is located
outside the United States and the territories or pos-
sessions of the United States.
‘‘(3)
ECONOMICALLY
DISADVANTAGED.—The
term ‘economically disadvantaged’ means an individ-
ual or a family, as the case may be, whose annual
income does not exceed 185 percent of the applicable
family size income levels contained in the most re-
cent income poverty guidelines prescribed by the Of-
fice of Management and Budget and based on data
from the Bureau of the Census.
‘‘(4) SCHOOL.—The term ‘school’ means a pub-
lic or private nonprofit elementary, intermediate, or
secondary school.
‘‘(5) SECRETARY.—The term ‘Secretary’ means
the Secretary of Agriculture.
153
‘‘(6) STATE.—The term ‘State’ means any of
the several States, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth
of the Northern Mariana Islands, American Samoa,
Guam, the Virgin Islands, or a tribal organization
(as defined in section 4(l) of the Indian Self-Deter-
mination and Education Assistance Act (25 U.S.C.
450b(l))).’’.
CHAPTER 3—MISCELLANEOUS
PROVISIONS
SEC. 361. REPEALERS.
The following Acts are repealed:
(1) The Commodity Distribution Reform Act
and WIC Amendments of 1987 (Public Law 100–
237; 101 Stat. 1733).
(2) The Child Nutrition and WIC Reauthoriza-
tion Act of 1989 (Public Law 101–147; 103 Stat.
877).
Subtitle C—Other Repealers and
Conforming Amendments
SEC. 371. AMENDMENTS TO LAWS RELATING TO CHILD
PROTECTION BLOCK GRANT.
(a) ABANDONED INFANTS ASSISTANCE.—
154
(1) REPEALER.—The Abandoned Infants As-
sistance Act of 1988 (42 U.S.C. 670 note) is re-
pealed.
(2)
CONFORMING
AMENDMENT.—Section
421(7) of the Domestic Volunteer Service Act of
1973 (42 U.S.C. 5061(7)) is amended to read as fol-
lows:
‘‘(7) the term ‘boarder baby’ means an infant
who is medically cleared for discharge from an
acute-care hospital setting, but remains hospitalized
because of a lack of appropriate out-of-hospital
placement alternatives;’’.
(b) CHILD ABUSE PREVENTION AND TREATMENT.—
(1) REPEALER.—The Child Abuse Prevention
and Treatment Act (42 U.S.C. 5101 et seq.) is re-
pealed.
(2) CONFORMING AMENDMENTS.—The Victims
of Crime Act of 1984 (42 U.S.C. 10601 et seq.) is
amended—
(A) in section 1402—
(i) in subsection (d)—
(I) by striking paragraph (2);
(II) by redesignating paragraphs
(3) and (4) as paragraphs (2) and
(3), respectively; and
155
(III) in paragraph (2) (as redes-
ignated by subclause (II))—
(aa) in subparagraph (A),
by striking the semicolon at the
end and inserting ‘‘; and’’;
(bb)
by
striking
subpara-
graph (B); and
(cc) by redesignating sub-
paragraph (C) as subparagraph
(B); and
(ii) by striking subsection (g); and
(B) by striking section 1404A.
(c) ADOPTION OPPORTUNITIES.—The Child Abuse
Prevention and Treatment and Adoption Reform Act of
1978 (42 U.S.C. 5111 et seq.) is repealed.
(d) CRISIS NURSERIES.—The Temporary Child Care
for Children with Disabilities and Crisis Nurseries Act of
1986 (42 U.S.C. 5117 et seq.) is amended—
(1) in the title heading by striking ‘‘AND CRI-
SIS NURSERIES’’;
(2) in section 201 by striking ‘‘and Crisis Nurs-
eries’’;
(3) in section 202—
(A) by striking ‘‘provide: (A) temporary’’
and inserting ‘‘to provide temporary’’; and
156
(B) by striking ‘‘children, and (B)’’ and all
that follows through the period and inserting
‘‘children.’’;
(4) by striking section 204; and
(5) in section 205—
(A) in subsection (a)—
(i) in paragraph (1)(A) by striking
‘‘or 204’’; and
(ii) in paragraph (2)—
(I) by striking subparagraph (D);
and
(II)
by
redesignating
subpara-
graph (E) as subparagraph (D);
(B) by striking subsection (b)(3); and
(C) in subsection (d)—
(i) by striking paragraph (3); and
(ii) by redesignating paragraphs (4)
and (5) as paragraph (3) and (4), respec-
tively.
(e) MISSING CHILDREN’S ASSISTANCE ACT.—The
Missing Children’s Assistance Act (42 U.S.C. 5771-5779)
is repealed.
(f) FAMILY SUPPORT CENTERS.—Subtitle F of title
VII of the Stewart B. McKinney Homeless Assistance Act
(42 U.S.C. 11481–11489) is repealed.
157
(g) INVESTIGATION AND PROSECUTION OF CHILD
ABUSE CASES.—Subtitle A of title II of the Victims of
Child Abuse Act of 1990 (42 U.S.C. 13001–13004) is re-
pealed.
(h) REPEAL OF FAMILY UNIFICATION PROGRAM.—
Subsection (x) of section 8 of the United States Housing
Act of 1937 (42 U.S.C. 1437f(x)) is repealed.
Subtitle D—Related Provisions
SEC. 381. REQUIREMENT THAT DATA RELATING TO THE IN-
CIDENCE
OF
POVERTY
IN
THE
UNITED
STATES BE PUBLISHED AT LEAST EVERY 2
YEARS.
(a) IN GENERAL.—The Secretary shall, to the extent
feasible, produce and publish for each State, county, and
local unit of general purpose government for which data
have been compiled in the then most recent census of pop-
ulation under section 141(a) of title 13, United States
Code, and for each school district, data relating to the in-
cidence of poverty. Such data may be produced by means
of sampling, estimation, or any other method that the Sec-
retary determines will produce current, comprehensive,
and reliable data.
(b) CONTENT; FREQUENCY.—Data under this sec-
tion—
(1) shall include—
158
(A) for each school district, the number of
children age 5 to 17, inclusive, in families below
the poverty level; and
(B) for each State and county referred to
in subsection (a), the number of individuals age
65 or older below the poverty level; and
(2) shall be published—
(A) for each State, county, and local unit
of general purpose government referred to in
subsection (a), in 1996 and at least every sec-
ond year thereafter; and
(B) for each school district, in 1998 and at
least every second year thereafter.
(c) AUTHORITY TO AGGREGATE.—
(1) IN GENERAL.—If reliable data could not
otherwise be produced, the Secretary may, for pur-
poses of subsection (b)(1)(A), aggregate school dis-
tricts, but only to the extent necessary to achieve re-
liability.
(2) INFORMATION RELATING TO USE OF AU-
THORITY.—Any data produced under this subsection
shall be appropriately identified and shall be accom-
panied by a detailed explanation as to how and why
aggregation was used (including the measures taken
to minimize any such aggregation).
159
(d) REPORT TO BE SUBMITTED WHENEVER DATA
IS NOT TIMELY PUBLISHED.—If the Secretary is unable
to produce and publish the data required under this sec-
tion for any State, county, local unit of general purpose
government, or school district in any year specified in sub-
section (b)(2), a report shall be submitted by the Secretary
to the President of the Senate and the Speaker of the
House of Representatives, not later than 90 days before
the start of the following year, enumerating each govern-
ment or school district excluded and giving the reasons
for the exclusion.
(e) CRITERIA RELATING TO POVERTY.—In carrying
out this section, the Secretary shall use the same criteria
relating to poverty as were used in the then most recent
census of population under section 141(a) of title 13,
United States Code (subject to such periodic adjustments
as may be necessary to compensate for inflation and other
similar factors).
(f) CONSULTATION.—The Secretary shall consult
with the Secretary of Education in carrying out the re-
quirements of this section relating to school districts.
(g) DEFINITION.—For the purpose of this section,
the term ‘‘Secretary’’ means the Secretary of Health and
Human Services.
160
(h) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section
$1,500,000 for each of fiscal years 1996 through 2000.
SEC. 382. DATA ON PROGRAM PARTICIPATION AND OUT-
COMES.
(a) IN GENERAL.—The Secretary shall produce data
relating to participation in programs authorized by this
Act by families and children. Such data may be produced
by means of sampling, estimation, or any other method
that the Secretary determines will produce comprehensive
and reliable data.
(b) CONTENT.—Data under this section shall include,
but not be limited to—
(1) changes in participation in welfare, health,
education, and employment and training programs,
for families and children, the duration of such par-
ticipation, and the causes and consequences of any
changes in program participation;
(2) changes in employment status, income and
poverty status, family structure and process, and
children’s well-being, over time, for families and chil-
dren participating in Federal programs and, if ap-
propriate, other low-income families and children,
and the causes and consequences of such changes;
and
161
(3) demographic data, including household com-
position, marital status, relationship of householders,
racial and ethnic designation, age, and educational
attainment.
(c) FREQUENCY.—Data under this section shall re-
flect the period 1993 through 2002, and shall be published
as often as practicable during that time, but in any event
no later than December 31, 2003.
(d) DEFINITION.—For the purpose of this section,
the term ‘‘Secretary’’ means the Secretary of Health and
Human Services.
(e) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section
$2,500,000 in fiscal year 1996, $10,000,000 for each of
fiscal years 1997 through 2002, and $2,000,000 for fiscal
year 2003.
Subtitle E—General Effective Date;
Preservation of Actions, Obliga-
tions, and Rights
SEC. 391. EFFECTIVE DATE.
Except as otherwise provided in this title, this title
and the amendments made by this title shall take effect
on October 1, 1995.
162
SEC. 392. APPLICATION OF AMENDMENTS AND REPEALERS.
An amendment or repeal made by this title shall not
apply with respect to—
(1) powers, duties, functions, rights, claims,
penalties, or obligations applicable to financial as-
sistance provided before the effective date of amend-
ment or repeal, as the case may be, under the Act
so amended or so repealed; and
(2) administrative actions and proceedings com-
menced before such date, or authorized before such
date to be commenced, under such Act.
TITLE
IV—RESTRICTING
WEL-
FARE AND PUBLIC BENEFITS
FOR ALIENS
SEC. 400. STATEMENTS OF NATIONAL POLICY CONCERNING
WELFARE AND IMMIGRATION.
The Congress makes the following statements con-
cerning national policy with respect to welfare and immi-
gration:
(1) Self-sufficiency has been a basic principle of
United States immigration law since this country’s
earliest immigration statutes.
(2) It continues to be the immigration policy of
the United States that—
(A) aliens within the nation’s borders not
depend on public resources to meet their needs,
163
but rather rely on their own capabilities and the
resources of their families, their sponsors, and
private organizations, and
(B) the availability of public benefits not
constitute an incentive for immigration to the
United States.
(3) Despite the principle of self-sufficiency,
aliens have been applying for and receiving public
benefits from Federal, State, and local governments
at increasing rates.
(4) Current eligibility rules for public assistance
and unenforceable financial support agreements have
proved wholly incapable of assuring that individual
aliens not burden the public benefits system.
(5) It is a compelling government interest to
enact new rules for eligibility and sponsorship agree-
ments in order to assure that aliens be self-reliant
in accordance with national immigration policy.
(6) It is a compelling government interest to re-
move the incentive for illegal immigration provided
by the availability of public benefits.
164
Subtitle A—Eligibility for Federal
Benefits Programs
SEC. 401. INELIGIBILITY OF ILLEGAL ALIENS FOR CERTAIN
PUBLIC BENEFITS PROGRAMS.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law and except as provided in subsections (b) and
(c), any alien who is not lawfully present in the United
States shall not be eligible for any Federal means-tested
public benefits program (as defined in section 431(d)(2)).
(b) EXCEPTION
FOR EMERGENCY ASSISTANCE.—
Subsection (a) shall not apply to the provision of non-cash,
in-kind emergency assistance (including emergency medi-
cal services).
(c)
TREATMENT
OF
HOUSING-RELATED
ASSIST-
ANCE.—Subsection (a) shall not apply to any program for
housing or community development assistance adminis-
tered by the Secretary of Housing and Urban Develop-
ment, any program under title V of the Housing Act of
1949, or any assistance under section 306C of the Consoli-
dated Farm and Rural Development Act, except that in
the case of financial assistance (as defined in section
214(b) of the Housing and Community Development Act
of 1980), the provisions of section 214 of such Act shall
apply instead of subsection (a).
165
SEC. 402. INELIGIBILITY OF NONIMMIGRANTS FOR CER-
TAIN PUBLIC BENEFITS PROGRAMS.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law and except as provided in subsections (b) and
(c), any alien who is lawfully present in the United States
as a nonimmigrant shall not be eligible for any Federal
means-tested public benefits program.
(b) EXCEPTIONS.—
(1) EMERGENCY ASSISTANCE.—Subsection (a)
shall not apply to the provision of non-cash, in-kind
emergency assistance (including emergency medical
services).
(2) ALIENS GRANTED ASYLUM.—Subsection (a)
shall not apply to an alien who is granted asylum
under section 208 of the Immigration and National-
ity Act or whose deportation has been withheld
under section 243(h) of such Act.
(3)
TREATMENT
OF
TEMPORARY
AGRICUL-
TURAL WORKERS.—Subsection (a) shall not apply to
a nonimmigrant admitted as a temporary agricul-
tural worker under section 101(a)(15)(H)(ii)(a) of
the Immigration and Nationality Act or as the
spouse or minor child of such a worker under section
101(a)(15)(H)(iii) of such Act.
(c)
TREATMENT
OF
HOUSING-RELATED
ASSIST-
ANCE.—Subsection (a) shall not apply to any program for
166
housing or community development assistance adminis-
tered by the Secretary of Housing and Urban Develop-
ment, any program under title V of the Housing Act of
1949, or any assistance under section 306C of the Consoli-
dated Farm and Rural Development Act, except that in
the case of financial assistance (as defined in section
214(b) of the Housing and Community Development Act
of 1980), the provisions of section 214 of such Act shall
apply instead of subsection (a).
(d) TREATMENT
OF ALIENS PAROLED
INTO
THE
UNITED STATES.—An alien who is paroled into the
United States under section 212(d)(5) of the Immigration
and Nationality Act for a period of less than 1 year shall
be considered, for purposes of this subtitle, to be lawfully
present in the United States as a nonimmigrant.
SEC. 403. LIMITED ELIGIBILITY OF IMMIGRANTS FOR 5
SPECIFIED FEDERAL PUBLIC BENEFITS PRO-
GRAMS.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law and except as provided in subsection (b), any
alien who is lawfully present in the United States shall
not be eligible for any of the following Federal means-test-
ed public benefits programs:
(1) SSI.—The supplemental security income
program under title XVI of the Social Security Act.
167
(2) TEMPORARY ASSISTANCE FOR NEEDY FAMI-
LIES.—The program of block grants to States for
temporary assistance for needy families under part
A of title IV of the Social Security Act.
(3) SOCIAL SERVICES BLOCK GRANT.—The pro-
gram of block grants to States for social services
under title XX of the Social Security Act.
(4) MEDICAID.—The program of medical assist-
ance under title XIX of the Social Security Act.
(5) FOOD
STAMPS.—The program under the
Food Stamp Act of 1977.
(b) EXCEPTIONS.—
(1)
TIME-LIMITED
EXCEPTION
FOR
REFU-
GEES.—Subsection (a) shall not apply to an alien
admitted to the United States as a refugee under
section 207 of the Immigration and Nationality Act
until 5 years after the date of such alien’s arrival
into the United States.
(2) CERTAIN
LONG-TERM,
PERMANENT
RESI-
DENT,
AGED
ALIENS.—Subsection
(a)
shall
not
apply to an alien who—
(A) has been lawfully admitted to the
United States for permanent residence;
(B) is over 75 years of age; and
168
(C) has resided in the United States for at
least 5 years.
(3) VETERAN AND ACTIVE DUTY EXCEPTION.—
Subsection (a) shall not apply to an alien who is
lawfully residing in any State (or any territory or
possession of the United States) and is—
(A) a veteran (as defined in section 101 of
title 38, United States Code) with a discharge
characterized as an honorable discharge,
(B) on active duty (other than active duty
for training) in the Armed Forces of the United
States, or
(C) the spouse or unmarried dependent
child of an individual described in subparagraph
(A) or (B).
Subparagraph (A) shall not apply in the case of a
veteran who has been separated from military serv-
ice on account of alienage.
(4) EMERGENCY ASSISTANCE.—Subsection (a)
shall not apply to the provision of non-cash, in-kind
emergency assistance (including emergency medical
services).
(5)
TRANSITION
FOR
CURRENT
BENE-
FICIARIES.—Subsection (a) shall not apply to the eli-
gibility of an alien for a program until 1 year after
169
the date of the enactment of this Act if, on such
date of enactment, the alien is lawfully residing in
any State or any territory or possession of the
United States and is eligible for the program.
(6) CERTAIN PERMANENT RESIDENT AND DIS-
ABLED ALIENS.—Subsection (a) shall not apply to
an alien who—
(A) has been lawfully admitted to the
United States for permanent residence; and
(B) is unable because of physical or devel-
opmental disability or mental impairment (in-
cluding Alzheimer’s disease) to comply with the
naturalization requirements of section 312(a) of
the Immigration and Naturalization Act.
SEC. 404. NOTIFICATION.
Each Federal agency that administers a program to
which section 401, 402, or 403 applies shall, directly or
through the States, post information and provide general
notification to the public and to program recipients of the
changes regarding eligibility for any such program pursu-
ant to this subtitle.
171
(1) EMERGENCY ASSISTANCE.—The limitations
under subsection (a) shall not apply to the provision
of non-cash, in-kind emergency assistance (including
emergency medical services).
(2) ALIENS GRANTED ASYLUM.—Subsection (a)
shall not apply to an alien who is granted asylum
under section 208 of the Immigration and National-
ity Act or whose deportation has been withheld
under section 243(h) of such Act.
(3)
TREATMENT
OF
TEMPORARY
AGRICUL-
TURAL WORKERS.—Subsection (a) shall not apply to
a nonimmigrant admitted as a temporary agricul-
tural worker under section 101(a)(15)(H)(ii)(a) of
the Immigration and Nationality Act or as the
spouse or minor child of such a worker under section
101(a)(15)(H)(iii) of such Act.
(c) TREATMENT
OF ALIENS PAROLED
INTO
THE
UNITED STATES.—An alien who is paroled into the
United States under section 212(d)(5) of the Immigration
and Nationality Act for a period of less than 1 year shall
be considered, for purposes of this subtitle, to be lawfully
present in the United States as a nonimmigrant.
172
SEC. 413. STATE AUTHORITY TO LIMIT ELIGIBILITY OF IM-
MIGRANTS FOR STATE AND LOCAL MEANS-
TESTED PUBLIC BENEFITS PROGRAMS.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law and except as otherwise provided in this section
or section 412, a State is authorized to determine eligi-
bility requirements for aliens who are lawfully present in
the United States for any State means-tested public bene-
fits program.
(b) EXCEPTIONS.—
(1)
TIME-LIMITED
EXCEPTION
FOR
REFU-
GEES.—The authority under subsection (a) shall not
apply to an alien admitted to the United States as
a refugee under section 207 of the Immigration and
Nationality Act until 5 years after the date of such
alien’s arrival into the United States.
(2) CERTAIN
LONG-TERM,
PERMANENT
RESI-
DENT,
AGED
ALIENS.—The authority under sub-
section (a) shall not apply to an alien who—
(A) has been lawfully admitted to the
United States for permanent residence;
(B) is over 75 years of age; and
(C) has resided in the United States for at
least 5 years.
(3) VETERAN AND ACTIVE DUTY EXCEPTION.—
The authority under subsection (a) shall not apply
173
to an alien who is lawfully residing in any State (or
any territory or possession of the United States) and
is—
(A) a veteran (as defined in section 101 of
title 38, United States Code) with a discharge
characterized as an honorable discharge,
(B) on active duty (other than active duty
for training) in the Armed Forces of the United
States, or
(C) the spouse or unmarried dependent
child of an individual described in subparagraph
(A) or (B).
Subparagraph (A) shall not apply in the case of a
veteran who has been separated from military serv-
ice on account of alienage.
(4) EMERGENCY
ASSISTANCE.—The authority
under subsection (a) shall not apply to the provision
of non-cash, in-kind emergency assistance (including
emergency medical services).
(5) TRANSITION.—The authority under sub-
section (a) shall not apply to eligibility of an alien
for a State means-tested public benefits program
until 1 year after the date of the enactment of this
Act if, on such date of enactment, the alien is law-
fully present in the United States and is eligible for
174
benefits under the program. Nothing in the previous
sentence is intended to address alien eligibility for
such a program before the date of the enactment of
this Act.
Subtitle C—Attribution of Income
and Affidavits of Support
SEC. 421. ATTRIBUTION OF SPONSOR’S INCOME AND RE-
SOURCES
TO
FAMILY-SPONSORED
IMMI-
GRANTS.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law and except as provided in subsection (c), in
determining the eligibility and the amount of benefits of
an alien for any means-tested public benefits program (as
defined in section 431(d)) the income and resources of the
alien shall be deemed to include—
(1) the income and resources of any person who
executed an affidavit of support pursuant to section
213A of the Immigration and Nationality Act (as
added by section 422) in behalf of such alien, and
(2) the income and resources of the spouse (if
any) of the person.
(b) APPLICATION.—Subsection (a) shall apply with
respect to an alien until such time as the alien achieves
United States citizenship through naturalization pursuant
175
to chapter 2 of title III of the Immigration and National-
ity Act.
(c) EXCEPTION
FOR HOUSING-RELATED ASSIST-
ANCE.—Subsection (a) shall not apply to any program for
housing or community development assistance adminis-
tered by the Secretary of Housing and Urban Develop-
ment, any program under title V of the Housing Act of
1949, or any assistance under section 306C of the Consoli-
dated Farm and Rural Development Act.
SEC. 422. REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF
SUPPORT.
(a) IN GENERAL.—Title II of the Immigration and
Nationality Act is amended by inserting after section 213
the following new section:
‘‘REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF SUPPORT
‘‘SEC. 213A. (a) ENFORCEABILITY.—No affidavit of
support may be accepted by the Attorney General or by
any consular officer to establish that an alien is not ex-
cludable as a public charge under section 212(a)(4) unless
such affidavit is executed as a contract—
‘‘(1) which is legally enforceable against the
sponsor by the Federal Government and by any
State (or any political subdivision of such State)
which provides any means-tested public benefits pro-
gram, but not later than 10 years after the alien last
receives any such benefit; and