781
ticable, such relatives comply with relevant State
child protection standards.
‘‘(3) ADOPTION
OPPORTUNITIES.—The Sec-
retary may award grants to public entities to assist
such entities in developing or implementing pro-
grams to expand opportunities for the adoption of
children with special needs.
‘‘(4) FAMILY RESOURCE CENTERS.—The Sec-
retary may award grants to public or nonprofit pri-
vate entities to provide for the establishment of fam-
ily resource programs and support services that—
‘‘(A) develop, expand, and enhance state-
wide networks of community-based, prevention-
focused centers, programs, or services that pro-
vide comprehensive support for families;
‘‘(B) promote the development of parental
competencies and capacities in order to increase
family stability;
‘‘(C) support the additional needs of fami-
lies with children with disabilities;
‘‘(D) foster the development of a contin-
uum of preventive services for children and
families through State and community-based
collaborations and partnerships (both public
and private); and
782
‘‘(E) maximize funding for the financing,
planning, community mobilization, collabora-
tion, assessment, information and referral,
startup, training and technical assistance, infor-
mation management, reporting, and evaluation
costs for establishing, operating, or expanding a
statewide network of community-based, preven-
tion-focused family resource and support serv-
ices.
‘‘(5) OTHER
INNOVATIVE
PROGRAMS.—The
Secretary may award grants to public or private
nonprofit organizations to assist such entities in de-
veloping or implementing innovative programs and
projects that show promise of preventing and treat-
ing cases of child abuse and neglect (such as Par-
ents Anonymous).
‘‘(b) GRANTS
FOR
ABANDONED
INFANT
PRO-
GRAMS.—The Secretary may award grants to public and
nonprofit private entities to assist such entities in develop-
ing or implementing procedures—
‘‘(1) to prevent the abandonment of infants and
young children, including the provision of services to
members of the natural family for any condition that
increases the probability of abandonment of an in-
fant or young child;
783
‘‘(2) to identify and address the needs of aban-
doned infants and young children;
‘‘(3) to assist abandoned infants and young
children to reside with their natural families or in
foster care, as appropriate;
‘‘(4) to recruit, train, and retain foster families
for abandoned infants and young children;
‘‘(5) to carry out residential care programs for
abandoned infants and young children who are un-
able to reside with their families or to be placed in
foster care;
‘‘(6) to carry out programs of respite care for
families and foster families of infants and young
children; and
‘‘(7) to recruit and train health and social serv-
ices personnel to work with families, foster care fam-
ilies, and residential care programs for abandoned
infants and young children.
‘‘(c) EVALUATION.—In making grants for demonstra-
tion projects under this section, the Secretary shall require
all such projects to be evaluated for their effectiveness.
Funding for such evaluations shall be provided either as
a stated percentage of a demonstration grant or as a sepa-
rate grant entered into by the Secretary for the purpose
784
of evaluating a particular demonstration project or group
of projects.
‘‘SEC. 204. TECHNICAL ASSISTANCE.
‘‘(a) CHILD ABUSE AND NEGLECT.—
‘‘(1) IN GENERAL.—The Secretary shall provide
technical assistance under this title to States to as-
sist such States in planning, improving, developing,
and carrying out programs and activities relating to
the prevention, assessment identification, and treat-
ment of child abuse and neglect.
‘‘(2) EVALUATION.—Technical assistance pro-
vided under paragraph (1) may include an evalua-
tion or identification of—
‘‘(A) various methods and procedures for
the investigation, assessment, and prosecution
of child physical and sexual abuse cases;
‘‘(B) ways to mitigate psychological trau-
ma to the child victim; and
‘‘(C) effective programs carried out by the
States under this Act.
‘‘(b) ADOPTION
OPPORTUNITIES.—The Secretary
shall provide, directly or by grant to or contract with pub-
lic or private nonprofit agencies or organizations—
‘‘(1) technical assistance and resource and re-
ferral information to assist State or local govern-
785
ments with termination of parental rights issues, in
recruiting and retaining adoptive families, in the
successful placement of children with special needs,
and in the provision of pre- and post-placement serv-
ices, including post-legal adoption services; and
‘‘(2) other assistance to help State and local
governments replicate successful adoption-related
projects from other areas in the United States.
‘‘SEC. 205. TRAINING RESOURCES.
‘‘(a) TRAINING
PROGRAMS.—The Secretary may
award grants to public or private nonprofit organiza-
tions—
‘‘(1) for the training of professional and para-
professional personnel in the fields of medicine, law,
education, law enforcement, social work, and other
relevant fields who are engaged in, or intend to work
in, the field of prevention, identification, and treat-
ment of child abuse and neglect, including the links
between domestic violence and child abuse;
‘‘(2) to provide culturally specific instruction in
methods of protecting children from child abuse and
neglect to children and to persons responsible for the
welfare of children, including parents of and persons
who work with children with disabilities; and
786
‘‘(3) to improve the recruitment, selection, and
training of volunteers serving in private and public
nonprofit children, youth and family service organi-
zations in order to prevent child abuse and neglect
through collaborative analysis of current recruit-
ment, selection, and training programs and develop-
ment of model programs for dissemination and rep-
lication nationally.
‘‘(b) DISSEMINATION OF INFORMATION.—The Sec-
retary may provide for and disseminate information relat-
ing to various training resources available at the State and
local level to—
‘‘(1) individuals who are engaged, or who intend
to engage, in the prevention, identification, assess-
ment, and treatment of child abuse and neglect; and
‘‘(2) appropriate State and local officials, in-
cluding prosecutors, to assist in training law en-
forcement, legal, judicial, medical, mental health,
education, and child welfare personnel in appropriate
methods of interacting during investigative, adminis-
trative, and judicial proceedings with children who
have been subjected to abuse.
787
‘‘SEC. 206. APPLICATIONS AND AMOUNTS OF GRANTS.
‘‘(a) REQUIREMENT
OF APPLICATION.—The Sec-
retary may not make a grant to a State or other entity
under this title unless—
‘‘(1) an application for the grant is submitted
to the Secretary;
‘‘(2) with respect to carrying out the purpose
for which the grant is to be made, the application
provides assurances of compliance satisfactory to the
Secretary; and
‘‘(3) the application otherwise is in such form,
is made in such manner, and contains such agree-
ments, assurances, and information as the Secretary
determines to be necessary to carry out this title.
‘‘(b) AMOUNT OF GRANT.—The Secretary shall de-
termine the amount of a grant to be awarded under this
title.
‘‘SEC. 207. PEER REVIEW FOR GRANTS.
‘‘(a) ESTABLISHMENT OF PEER REVIEW PROCESS.—
‘‘(1) IN GENERAL.—The Secretary shall, in con-
sultation with experts in the field and other Federal
agencies, establish a formal, rigorous, and meritori-
ous peer review process for purposes of evaluating
and reviewing applications for grants under this title
and determining the relative merits of the projects
for which such assistance is requested. The purpose
788
of this process is to enhance the quality and useful-
ness of research in the field of child abuse and ne-
glect.
‘‘(2) REQUIREMENTS FOR MEMBERS.—In estab-
lishing the process required by paragraph (1), the
Secretary shall appoint to the peer review panels
only members who are experts in the field of child
abuse and neglect or related disciplines, with appro-
priate expertise in the application to be reviewed,
and who are not individuals who are officers or em-
ployees of the Administration for Children and Fam-
ilies. The panels shall meet as often as is necessary
to facilitate the expeditious review of applications for
grants and contracts under this title, but may not
meet less than once a year. The Secretary shall en-
sure that the peer review panel utilizes scientifically
valid review criteria and scoring guidelines for re-
view committees.
‘‘(b) REVIEW OF APPLICATIONS FOR ASSISTANCE.—
Each peer review panel established under subsection
(a)(1) that reviews any application for a grant shall—
‘‘(1) determine and evaluate the merit of each
project described in such application;
‘‘(2) rank such application with respect to all
other applications it reviews in the same priority
789
area for the fiscal year involved, according to the rel-
ative merit of all of the projects that are described
in such application and for which financial assist-
ance is requested; and
‘‘(3) make recommendations to the Secretary
concerning whether the application for the project
shall be approved.
The Secretary shall award grants under this title on the
basis of competitive review.
‘‘(c) NOTICE OF APPROVAL.—
‘‘(1) IN GENERAL.—The Secretary shall provide
grants under this title from among the projects
which the peer review panels established under sub-
section (a)(1) have determined to have merit.
‘‘(2) REQUIREMENT OF EXPLANATION.—In the
instance in which the Secretary approves an applica-
tion for a program under this title without having
approved all applications ranked above such applica-
tion, the Secretary shall append to the approved ap-
plication a detailed explanation of the reasons relied
on for approving the application and for failing to
approve each pending application that is superior in
merit.
790
‘‘SEC. 208. 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, and such other
research as may be necessary.
‘‘(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;
791
‘‘(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).
‘‘(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).
‘‘(4) FUNDING.—The Secretary shall carry out
this section using amounts made available under sec-
tion 425 of the Social Security Act.
792
‘‘TITLE III—GENERAL
PROVISIONS
‘‘SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) TITLE I.—There are authorized to be appro-
priated to carry out title I, $230,000,000 for fiscal year
1996, and such sums as may be necessary for each of the
fiscal years 1997 through 2002.
‘‘(b) TITLE II.—
‘‘(1) IN
GENERAL.—Of the amount appro-
priated under subsection (a) for a fiscal year, the
Secretary shall make available 12 percent of such
amount to carry out title II (except for sections 203
and 208).
‘‘(2) 
GRANTS
FOR
DEMONSTRATION
PROJECTS.—Of the amount made available under
paragraph (1) for a fiscal year, the Secretary shall
make available not less than 40 percent of such
amount to carry out section 203.
‘‘(c) INDIAN TRIBES.—Of the amount appropriated
under subsection (a) for a fiscal year, the Secretary shall
make available 1 percent of such amount to provide grants
and contracts to Indian tribes and Tribal Organizations.
‘‘(d) AVAILABILITY OF APPROPRIATIONS.—Amounts
appropriated under subsection (a) shall remain available
until expended.
793
‘‘SEC. 302. GRANTS TO STATES FOR PROGRAMS RELATING
TO THE INVESTIGATION AND PROSECUTION
OF CHILD ABUSE AND NEGLECT CASES.
‘‘(a) GRANTS TO STATES.—The Secretary, in con-
sultation with the Attorney General, is authorized to make
grants to the States for the purpose of assisting States
in developing, establishing, and operating programs de-
signed to improve—
‘‘(1) the handling of child abuse and neglect
cases, particularly cases of child sexual abuse and
exploitation, in a manner which limits additional
trauma to the child victim;
‘‘(2) the handling of cases of suspected child
abuse or neglect related fatalities; and
‘‘(3) the investigation and prosecution of cases
of child abuse and neglect, particularly child sexual
abuse and exploitation.
‘‘(b) ELIGIBILITY REQUIREMENTS.—In order for a
State to qualify for assistance under this section, such
State shall—
‘‘(1) be an eligible State under section 102;
‘‘(2) establish a task force as provided in sub-
section (c);
‘‘(3) fulfill the requirements of subsection (d);
‘‘(4) submit annually an application to the Sec-
retary at such time and containing such information
794
and assurances as the Secretary considers necessary,
including an assurance that the State will—
‘‘(A) make such reports to the Secretary as
may reasonably be required; and
‘‘(B) maintain and provide access to
records relating to activities under subsection
(a); and
‘‘(5) submit annually to the Secretary a report
on the manner in which assistance received under
this program was expended throughout the State,
with particular attention focused on the areas de-
scribed in paragraphs (1) through (3) of subsection
(a).
‘‘(c) STATE TASK FORCES.—
‘‘(1) GENERAL RULE.—Except as provided in
paragraph (2), a State requesting assistance under
this section shall establish or designate, and main-
tain, a State multidisciplinary task force on chil-
dren’s justice (hereafter in this section referred to as
‘State task force’) composed of professionals with
knowledge and experience relating to the criminal
justice system and issues of child physical abuse,
child neglect, child sexual abuse and exploitation,
and child maltreatment related fatalities. The State
task force shall include—
795
‘‘(A) individuals representing the law en-
forcement community;
‘‘(B) judges and attorneys involved in both
civil and criminal court proceedings related to
child abuse and neglect (including individuals
involved with the defense as well as the prosecu-
tion of such cases);
‘‘(C) child advocates, including both attor-
neys for children and, where such programs are
in operation, court appointed special advocates;
‘‘(D) health and mental health profes-
sionals;
‘‘(E) individuals representing child protec-
tive service agencies;
‘‘(F) individuals experienced in working
with children with disabilities;
‘‘(G) parents; and
‘‘(H) representatives of parents’ groups.
‘‘(2) EXISTING
TASK
FORCE.—As determined
by the Secretary, a State commission or task force
established after January 1, 1983, with substantially
comparable membership and functions, may be con-
sidered the State task force for purposes of this sub-
section.
796
‘‘(d) STATE TASK FORCE STUDY.—Before a State
receives assistance under this section, and at 3–year inter-
vals thereafter, the State task force shall comprehen-
sively—
‘‘(1) review and evaluate State investigative, ad-
ministrative and both civil and criminal judicial han-
dling of cases of child abuse and neglect, particularly
child sexual abuse and exploitation, as well as cases
involving suspected child maltreatment related fatali-
ties and cases involving a potential combination of
jurisdictions, such as interstate, Federal-State, and
State-Tribal; and
‘‘(2) make policy and training recommendations
in each of the categories described in subsection (e).
The task force may make such other comments and rec-
ommendations as are considered relevant and useful.
‘‘(e) ADOPTION
OF
STATE
TASK
FORCE
REC-
OMMENDATIONS.—
‘‘(1) GENERAL
RULE.—Subject to the provi-
sions of paragraph (2), before a State receives as-
sistance under this section, a State shall adopt rec-
ommendations of the State task force in each of the
following categories—
‘‘(A) investigative, administrative, and ju-
dicial handling of cases of child abuse and ne-
797
glect, particularly child sexual abuse and exploi-
tation, as well as cases involving suspected child
maltreatment related fatalities and cases involv-
ing a potential combination of jurisdictions,
such as interstate, Federal-State, and State-
Tribal, in a manner which reduces the addi-
tional trauma to the child victim and the vic-
tim’s family and which also ensures procedural
fairness to the accused;
‘‘(B) experimental, model and demonstra-
tion programs for testing innovative approaches
and techniques which may improve the prompt
and successful resolution of civil and criminal
court proceedings or enhance the effectiveness
of judicial and administrative action in child
abuse and neglect cases, particularly child sex-
ual abuse and exploitation cases, including the
enhancement of performance of court-appointed
attorneys and guardians ad litem for children;
and
‘‘(C) reform of State laws, ordinances, reg-
ulations, protocols and procedures to provide
comprehensive protection for children from
abuse, particularly child sexual abuse and ex-
798
ploitation, while ensuring fairness to all affected
persons.
‘‘(2) EXEMPTION.—As determined by the Sec-
retary, a State shall be considered to be in fulfill-
ment of the requirements of this subsection if—
‘‘(A) the State adopts an alternative to the
recommendations of the State task force, which
carries out the purpose of this section, in each
of the categories under paragraph (1) for which
the State task force’s recommendations are not
adopted; or
‘‘(B) the State is making substantial
progress toward adopting recommendations of
the State task force or a comparable alternative
to such recommendations.
‘‘(f) FUNDS AVAILABLE.—For grants under this sec-
tion, the Secretary shall use the amount authorized by sec-
tion 1404A of the Victims of Crime Act of 1984.
‘‘SEC. 303. TRANSITIONAL PROVISION.
‘‘A State or other entity that has a grant, contract,
or cooperative agreement in effect, on the date of enact-
ment of this Act, under the Family Resource and Support
Program, the Community-Based Family Resource Pro-
gram, the Family Support Center Program, the Emer-
gency Child Abuse Prevention Grant Program, the Aban-
799
doned Infants Assistance Act of 1988, or the Temporary
Child Care for Children with Disabilities and Crisis Nurs-
eries Programs shall continue to receive funds under such
grant, contract, or cooperative agreement, subject to the
original terms under which such funds were provided,
through the end of the applicable grant, contract, or
agreement cycle.
‘‘SEC. 304. RULE OF CONSTRUCTION.
‘‘(a) IN GENERAL.—Nothing in this Act, or in part
B or E of title IV of the Social Security Act, shall be con-
strued—
‘‘(1) as establishing a Federal requirement that
a parent or legal guardian provide a child any medi-
cal service or treatment against the religious beliefs
of the parent or legal guardian; and
‘‘(2) to require that a State find, or to prohibit
a State from finding, abuse or neglect in cases in
which a parent or legal guardian relies solely or par-
tially upon spiritual means rather than medical
treatment, in accordance with the religious beliefs of
the parent or legal guardian.
‘‘(b) STATE REQUIREMENT.—Notwithstanding sub-
section (a), a State shall have in place authority under
State law to permit the child protective service system of
the State to pursue any legal remedies, including the au-
800
thority to initiate legal proceedings in a court of competent
jurisdiction, to provide medical care or treatment for a
child when such care or treatment is necessary to prevent
or remedy serious harm to the child, or to prevent the
withholding of medically indicated treatment from children
with life threatening conditions. Except with respect to the
withholding of medically indicated treatments from dis-
abled infants with life threatening conditions, case by case
determinations concerning the exercise of the authority of
this subsection shall be within the sole discretion of the
State.’’.
SEC. 4752. REAUTHORIZATIONS.
(a) MISSING CHILDREN’S ASSISTANCE ACT.—Section
408 of the Missing Children’s Assistance Act (42 U.S.C.
5777) is amended—
(1) by striking ‘‘To’’ and inserting ‘‘(a) IN
GENERAL.—To’’
(2) by striking ‘‘and 1996’’ and inserting
‘‘1996, and 1997’’; and
(3) by adding at the end thereof the following
new subsection:
‘‘(b) EVALUATION.—The Administrator shall use not
more than 5 percent of the amount appropriated for a fis-
cal year under subsection (a) to conduct an evaluation of
801
the effectiveness of the programs and activities established
and operated under this title.’’.
(b) VICTIMS OF CHILD ABUSE ACT OF 1990.—Sec-
tion 214B of the Victims of Child Abuse Act of 1990 (42
U.S.C. 13004) is amended—
(1) in subsection (a)(2), by striking ‘‘and 1996’’
and inserting ‘‘1996, and 1997’’; and
(2) in subsection (b)(2), by striking ‘‘and
1996’’ and inserting ‘‘1996, and 1997’’.
SEC. 4753. REPEALS.
(a) IN GENERAL.—The following provisions of law
are repealed:
(1) Title II of the Child Abuse Prevention and
Treatment and Adoption Reform Act of 1978 (42
U.S.C. 5111 et seq.).
(2) The Abandoned Infants Assistance Act of
1988 (42 U.S.C. 670 note).
(3) The Temporary Child Care for Children
with Disabilities and Crisis Nurseries Act of 1986
(42 U.S.C. 5117 et seq.).
(4) Subtitle F of title VII of the Stewart B.
McKinney Homeless Assistance Act (42 U.S.C.
11481 et seq.).
(b) CONFORMING AMENDMENTS.—
802
(1) RECOMMENDED LEGISLATION.—After con-
sultation with the appropriate committees of the
Congress and the Director of the Office of Manage-
ment and Budget, the Secretary of Health and
Human Services shall prepare and submit to the
Congress a legislative proposal in the form of an im-
plementing bill containing technical and conforming
amendments to reflect the repeals made by this sec-
tion.
(2) SUBMISSION TO CONGRESS.—Not later than
6 months after the date of enactment of this sub-
chapter, the Secretary of Health and Human Serv-
ices shall submit the implementing bill referred to
under paragraph (1).
Subtitle G—Reductions in Federal
Government Positions
SEC. 4801. REDUCTIONS.
(a) DEFINITIONS.—As used in this section:
(1) APPROPRIATE EFFECTIVE DATE.—The term
‘‘appropriate effective date’’, used with respect to a
Department referred to in this section, means the
date on which all provisions of this Act (other than
subtitle B of this title) that the Department is re-
quired to carry out, and amendments and repeals
made by this Act to provisions of Federal law that
803
the Department is required to carry out, are effec-
tive.
(2) COVERED
ACTIVITY.—The term ‘‘covered
activity’’, used with respect to a Department re-
ferred to in this section, means an activity that the
Department is required to carry out under—
(A) a provision of this Act (other than sub-
title B of this title); or
(B) a provision of Federal law that is
amended or repealed by this Act (other than
subtitle B of this title).
(b) REPORTS.—
(1) CONTENTS.—Not later than January 1,
1997, each Secretary referred to in paragraph (2)
shall prepare and submit to the relevant committees
described in paragraph (3) a report containing—
(A) the determinations described in sub-
section (c);
(B) appropriate documentation in support
of such determinations; and
(C) a description of the methodology used
in making such determinations.
(2) SECRETARY.—The Secretaries referred to in
this paragraph are—
(A) the Secretary of Agriculture;
804
(B) the Secretary of Education;
(C) the Secretary of Labor;
(D) the Secretary of Housing and Urban
Development; and
(E) the Secretary of Health and Human
Services.
(3) RELEVANT
COMMITTEES.—The relevant
Committees described in this paragraph are the fol-
lowing:
(A) With respect to each Secretary de-
scribed in paragraph (2), the Committee on
Government Reform and Oversight of the
House of Representatives and the Committee
on Governmental Affairs of the Senate.
(B) With respect to the Secretary of Agri-
culture, the Committee on Agriculture and the
Committee on Economic and Educational Op-
portunities of the House of Representatives and
the Committee on Agriculture, Nutrition, and
Forestry of the Senate.
(C) With respect to the Secretary of Edu-
cation, the Committee on Economic and Edu-
cational Opportunities of the House of Rep-
resentatives and the Committee on Labor and
Human Resources of the Senate.
805
(D) With respect to the Secretary of
Labor, the Committee on Economic and Edu-
cational Opportunities of the House of Rep-
resentatives and the Committee on Labor and
Human Resources of the Senate.
(E) With respect to the Secretary of Hous-
ing and Urban Development, the Committee on
Banking and Financial Services of the House of
Representatives and the Committee on Bank-
ing, Housing, and Urban Affairs of the Senate.
(F) With respect to the Secretary of
Health and Human Services, the Committee on
Economic and Educational Opportunities of the
House of Representatives, the Committee on
Labor and Human Resources of the Senate, the
Committee on Ways and Means of the House of
Representatives, and the Committee on Finance
of the Senate.
(4) REPORT ON CHANGES.—Not later than De-
cember 31, 1996, and each December 31 thereafter,
each Secretary referred to in paragraph (2) shall
prepare and submit to the relevant Committees de-
scribed in paragraph (3), a report concerning any
changes with respect to the determinations made
806
under subsection (c) for the year in which the report
is being submitted.
(c) DETERMINATIONS.—Not later than December 31,
1996, each Secretary referred to in subsection (b)(2) shall
determine—
(1) the number of full-time equivalent positions
required by the Department headed by such Sec-
retary to carry out the covered activities of the De-
partment, as of the day before the date of enactment
of this Act;
(2) the number of such positions required by
the Department to carry out the activities, as of the
appropriate effective date for the Department; and
(3) the difference obtained by subtracting the
number referred to in paragraph (2) from the num-
ber referred to in paragraph (1).
(d) ACTIONS.—Each Secretary referred to in sub-
section (b)(2) shall take such actions as may be necessary,
including reduction in force actions, consistent with sec-
tions 3502 and 3595 of title 5, United States Code, to
reduce the number of positions of personnel of the Depart-
ment—
(1) not later than 30 days after the appropriate
effective date for the Department involved, by at
807
least 50 percent of the difference referred to in sub-
section (c)(3); and
(2) not later than 13 months after such appro-
priate effective date, by at least the remainder of
such difference (after the application of paragraph
(1)).
(e) CONSISTENCY.—
(1) EDUCATION.—The Secretary of Education
shall carry out this section in a manner that enables
the Secretary to meet the requirements of this sec-
tion.
(2) LABOR.—The Secretary of Labor shall
carry out this section in a manner that enables the
Secretary to meet the requirements of this section.
(3) HEALTH AND HUMAN SERVICES.—The Sec-
retary of Health and Human Services shall carry out
this section in a manner that enables the Secretary
to meet the requirements of this section and sections
4802 and 4803.
(f) CALCULATION.—In determining, under subsection
(c), the number of full-time equivalent positions required
by a Department to carry out a covered activity, a Sec-
retary referred to in subsection (b)(2) shall include the
number of such positions occupied by personnel carrying
out program functions or other functions (including budg-
808
etary, legislative, administrative, planning, evaluation, and
legal functions) related to the activity.
(g) GENERAL ACCOUNTING OFFICE REPORT.—Not
later than July 1, 1997, the Comptroller General of the
United States shall prepare and submit to the committees
described in subsection (b)(3), a report concerning the de-
terminations made by each Secretary under subsection (c).
Such report shall contain an analysis of the determina-
tions made by each Secretary under subsection (c) and
a determination as to whether further reductions in full-
time equivalent positions are appropriate.
SEC. 4802. REDUCTIONS IN FEDERAL BUREAUCRACY.
(a) IN GENERAL.—The Secretary of Health and
Human Services shall reduce the Federal workforce within
the Department of Health and Human Services by an
amount equal to the sum of—
(1) 75 percent of the full-time equivalent posi-
tions at such Department that relate to any direct
spending program, or any program funded through
discretionary spending, that has been converted into
a block grant program under this Act and the
amendments made by this Act; and
(2) an amount equal to 75 percent of that por-
tion of the total full-time equivalent departmental
management positions at such Department that
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bears the same relationship to the amount appro-
priated for the programs referred to in paragraph
(1) as such amount relates to the total amount ap-
propriated for use by such Department.
(b) REDUCTIONS IN THE DEPARTMENT OF HEALTH
AND HUMAN SERVICES.—Notwithstanding any other pro-
vision of this Act, the Secretary of Health and Human
Services shall take such actions as may be necessary, in-
cluding reductions in force actions, consistent with sec-
tions 3502 and 3595 of title 5, United States Code, to
reduce the full-time equivalent positions within the De-
partment of Health and Human Services—
(1) by 245 full-time equivalent positions related
to the program converted into a block grant under
the amendment made by section 103; and
(2) by 60 full-time equivalent managerial posi-
tions in the Department.
SEC. 4803. REDUCING PERSONNEL IN WASHINGTON, D.C.
AREA.
In making reductions in full-time equivalent posi-
tions, the Secretary of Health and Human Services is en-
couraged to reduce personnel in the Washington, D.C.,
area office (agency headquarters) before reducing field
personnel.
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Subtitle H—Miscellaneous
SEC. 4901. APPROPRIATION BY STATE LEGISLATURES.
(a) IN GENERAL.—Any funds received by a State
under the provisions of law specified in subsection (b) shall
be subject to appropriation by the State legislature, con-
sistent with the terms and conditions required under such
provisions of law.
(b) PROVISIONS
OF LAW.—The provisions of law
specified in this subsection are the following:
(1) Part A of title IV of the Social Security Act
(relating to block grants for temporary assistance
for needy families).
(2) Section 25 of the Food Stamp Act of 1977
(relating to the optional State food assistance block
grant).
(3) The Child Care and Development Block
Grant Act of 1990 (relating to block grants for child
care).
SEC. 4902. SANCTIONING FOR TESTING POSITIVE FOR CON-
TROLLED SUBSTANCES.
Notwithstanding any other provision of law, States
shall not be prohibited by the Federal Government from
testing welfare recipients for use of controlled substances
nor from sanctioning welfare recipients who test positive
for use of controlled substances.