H. R. 4—138
(3) by adding, after and below clause (ii), the following:
‘‘if such judgment, decree, or order (I) is issued by a court
of competent jurisdiction or (II) is issued through an
administrative process established under State law and
has the force and effect of law under applicable State
law.’’.
(b) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by this section
shall take effect on the date of the enactment of this Act.
(2) PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1,
1996.—Any amendment to a plan required to be made by an
amendment made by this section shall not be required to be
made before the 1st plan year beginning on or after January
1, 1996, if—
(A) during the period after the date before the date
of the enactment of this Act and before such 1st plan
year, the plan is operated in accordance with the require-
ments of the amendments made by this section; and
(B) such plan amendment applies retroactively to the
period after the date before the date of the enactment
of this Act and before such 1st plan year.
A plan shall not be treated as failing to be operated in accord-
ance with the provisions of the plan merely because it operates
in accordance with this paragraph.
SEC. 377. ENFORCEMENT OF ORDERS FOR HEALTH CARE COVERAGE.
Section 466(a) (42 U.S.C. 666(a)), as amended by sections 315,
317(a), 323, 365, 369, 372, and 373 of this Act, is amended by
adding at the end the following new paragraph:
‘‘(19) HEALTH CARE COVERAGE.—Procedures under which
all child support orders enforced pursuant to this part shall
include a provision for the health care coverage of the child,
and in the case in which a noncustodial parent provides such
coverage and changes employment, and the new employer pro-
vides health care coverage, the State agency shall transfer
notice of the provision to the employer, which notice shall
operate to enroll the child in the noncustodial parent’s health
plan, unless the noncustodial parent contests the notice.’’.
Subtitle I—Enhancing Responsibility and
Opportunity for Non-Residential Parents
SEC. 381. GRANTS 
TO 
STATES 
FOR 
ACCESS 
AND 
VISITATION
PROGRAMS.
Part D of title IV (42 U.S.C. 651–669) is amended by adding
at the end the following:
‘‘SEC. 469A. GRANTS 
TO 
STATES 
FOR 
ACCESS 
AND 
VISITATION
PROGRAMS.
‘‘(a) IN GENERAL.—The Administration for Children and Fami-
lies shall make grants under this section to enable States to estab-
lish and administer programs to support and facilitate noncustodial
parents’ access to and visitation of their children, by means of
activities including mediation (both voluntary and mandatory),
counseling, education, development of parenting plans, visitation
enforcement (including monitoring, supervision and neutral drop-
H. R. 4—139
off and pickup), and development of guidelines for visitation and
alternative custody arrangements.
‘‘(b) AMOUNT OF GRANT.—The amount of the grant to be made
to a State under this section for a fiscal year shall be an amount
equal to the lesser of—
‘‘(1) 90 percent of State expenditures during the fiscal
year for activities described in subsection (a); or
‘‘(2) the allotment of the State under subsection (c) for
the fiscal year.
‘‘(c) ALLOTMENTS TO STATES.—
‘‘(1) IN GENERAL.—The allotment of a State for a fiscal
year is the amount that bears the same ratio to the amount
appropriated for grants under this section for the fiscal year
as the number of children in the State living with only 1
biological parent bears to the total number of such children
in all States.
‘‘(2) MINIMUM ALLOTMENT.—The Administration for Chil-
dren and Families shall adjust allotments to States under para-
graph (1) as necessary to ensure that no State is allotted
less than—
‘‘(A) $50,000 for fiscal year 1996 or 1997; or
‘‘(B) $100,000 for any succeeding fiscal year.
‘‘(d) NO SUPPLANTATION OF STATE EXPENDITURES FOR SIMILAR
ACTIVITIES.—A State to which a grant is made under this section
may not use the grant to supplant expenditures by the State for
activities specified in subsection (a), but shall use the grant to
supplement such expenditures at a level at least equal to the
level of such expenditures for fiscal year 1995.
‘‘(e) STATE ADMINISTRATION.—Each State to which a grant is
made under this section—
‘‘(1) may administer State programs funded with the grant,
directly or through grants to or contracts with courts, local
public agencies, or non-profit private entities;
‘‘(2) shall not be required to operate such programs on
a statewide basis; and
‘‘(3) shall monitor, evaluate, and report on such programs
in accordance with regulations prescribed by the Secretary.’’.
Subtitle J—Effect of Enactment
SEC. 391. EFFECTIVE DATES.
(a) IN GENERAL.—Except as otherwise specifically provided (but
subject to subsections (b) and (c))—
(1) the provisions of this title requiring the enactment
or amendment of State laws under section 466 of the Social
Security Act, or revision of State plans under section 454 of
such Act, shall be effective with respect to periods beginning
on and after October 1, 1996; and
(2) all other provisions of this title shall become effective
upon the date of the enactment of this Act.
(b) GRACE PERIOD FOR STATE LAW CHANGES.—The provisions
of this title shall become effective with respect to a State on the
later of—
(1) the date specified in this title, or
(2) the effective date of laws enacted by the legislature
of such State implementing such provisions,
H. R. 4—140
but in no event later than the 1st day of the 1st calendar quarter
beginning after the close of the 1st regular session of the State
legislature that begins after the date of the enactment of this
Act. For purposes of the previous sentence, in the case of a State
that has a 2-year legislative session, each year of such session
shall be deemed to be a separate regular session of the State
legislature.
(c) GRACE PERIOD FOR STATE CONSTITUTIONAL AMENDMENT.—
A State shall not be found out of compliance with any requirement
enacted by this title if the State is unable to so comply without
amending the State constitution until the earlier of—
(1) 1 year after the effective date of the necessary State
constitutional amendment; or
(2) 5 years after the date of the enactment of this Act.
TITLE IV—RESTRICTING WELFARE AND
PUBLIC BENEFITS FOR ALIENS
SEC. 400. STATEMENTS OF NATIONAL POLICY CONCERNING WELFARE
AND IMMIGRATION.
The Congress makes the following statements concerning
national policy with respect to welfare and immigration:
(1) Self-sufficiency has been a basic principle of United
States immigration law since this country’s earliest immigra-
tion 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, 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 agreements in order to
assure that aliens be self-reliant in accordance with national
immigration policy.
(6) It is a compelling government interest to remove the
incentive for illegal immigration provided by the availability
of public benefits.
(7) With respect to the State authority to make determina-
tions concerning the eligibility of qualified aliens for public
benefits in this title, a State that chooses to follow the Federal
classification in determining the eligibility of such aliens for
public assistance shall be considered to have chosen the least
restrictive means available for achieving the compelling govern-
mental interest of assuring that aliens be self-reliant in accord-
ance with national immigration policy.
H. R. 4—141
Subtitle A—Eligibility for Federal Benefits
SEC. 401. ALIENS WHO ARE NOT QUALIFIED ALIENS INELIGIBLE FOR
FEDERAL PUBLIC BENEFITS.
(a) IN GENERAL.—Notwithstanding any other provision of law
and except as provided in subsection (b), an alien who is not
a qualified alien (as defined section 431) is not eligible for any
Federal public benefit (as defined in subsection (c)).
(b) EXCEPTIONS.—
(1) Subsection (a) shall not apply with respect to the follow-
ing Federal public benefits:
(A) Emergency medical services under title XIX or
XXI of the Social Security Act.
(B) Short-term, non-cash, in-kind emergency disaster
relief.
(C)(i) Public health assistance for immunizations.
(ii) Public health assistance for testing and treat-
ment of a serious communicable disease if the Sec-
retary of Health and Human Services determines that
it is necessary to prevent the spread of such disease.
(D) Programs, services, or assistance (such as soup
kitchens, crisis counseling and intervention, and short-term
shelter) specified by the Attorney General, in the Attorney
General’s sole and unreviewable discretion after consulta-
tion with appropriate Federal agencies and departments,
which (i) deliver in-kind services at the community level,
including through public or private nonprofit agencies; (ii)
do not condition the provision of assistance, the amount
of assistance provided, or the cost of assistance provided
on the individual recipient’s income or resources; and (iii)
are necessary for the protection of life or safety.
(E) Programs for housing or community development
assistance or financial assistance administered by the Sec-
retary of Housing and Urban Development, any program
under title V of the Housing Act of 1949, or any assistance
under section 306C of the Consolidated Farm and Rural
Development Act, to the extent that the alien is receiving
such a benefit on the date of the enactment of this Act.
(2) Subsection (a) shall not apply to any benefit payable
under title II of the Social Security Act to an alien who is
lawfully present in the United States as determined by the
Attorney General, to any benefit if nonpayment of such benefit
would contravene an international agreement described in sec-
tion 233 of the Social Security Act, to any benefit if nonpayment
would be contrary to section 202(t) of the Social Security Act,
or to any benefit payable under title II of the Social Security
Act to which entitlement is based on an application filed in
or before the month in which this Act becomes law.
(c) FEDERAL PUBLIC BENEFIT DEFINED.—
(1) Except as provided in paragraph (2), for purposes of
this title the term ‘‘Federal public benefit’’ means—
(A) any grant, contract, loan, professional license, or
commercial license provided by an agency of the United
States or by appropriated funds of the United States; and
(B) any retirement, welfare, health, disability, public
or assisted housing, post-secondary education, food assist-