I
105TH CONGRESS
2D SESSION
H. R. 3314
To provide grants to States to encourage fathers to become better parents.
IN THE HOUSE OF REPRESENTATIVES
MARCH 3, 1998
Mr. SHAW (for himself, Mr. CAMP, Mr. ENGLISH of Pennsylvania, Mr.
HAYWORTH, and Mr. WATKINS) introduced the following bill; which was
referred to the Committee on Ways and Means
A BILL
To provide grants to States to encourage fathers to become
better parents.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Fathers Count Act
of 1998’’.
SEC. 2. GRANTS TO STATES TO ENCOURAGE FATHERS TO
BECOME BETTER PARENTS.
Title IV of the Social Security Act (42 U.S.C. 601–
679b) is amended by inserting after part B the following:
by the Bureau of the Census for the most recent fis-
cal year for which information is available) bears to
the population of the United States (as so deter-
mined), subject to section 447.
‘‘(2) AMOUNT SPECIFIED.—The amount speci-
fied in this paragraph is—
‘‘(A) $200,000,000 for fiscal year 2000;
‘‘(B) $300,000,000 for fiscal year 2001;
‘‘(C) $400,000,000 for fiscal year 2002;
‘‘(D) $500,000,000 for fiscal year 2003;
and
‘‘(E) $500,000,000 for fiscal year 2004.
‘‘SEC. 443. USE OF FUNDS.
‘‘(a) IN GENERAL.—A State to which a grant is made
under this section—
‘‘(1) shall use the grant to fund projects
which—
‘‘(A) encourage unmarried or prospective
fathers to get married, and encourage better
parenting by fathers who are living with 1 or
more of their children; or
‘‘(B) include activities that help fathers ob-
tain gainful employment, or help fathers in-
crease their skills in order to qualify for higher-
paying jobs; and
‘‘(2) may use the grant funds to support
projects which emphasize ways for fathers who do
not live with 1 or more of their children to become
better parents.
‘‘(b) TARGETING OF NONGOVERNMENTAL ORGANIZA-
TIONS.—A State to which a grant is made under this sec-
tion shall provide not less than 75 percent of the grant
funds to nongovernmental organizations.
‘‘(c) TARGETING OF FATHERS WITH ANNUAL IN-
COME BELOW STATE AVERAGE INCOME OF MALE EARN-
ERS.—A State to which a grant is made under this section
shall ensure that not less than 80 percent of the grant
funds are used to provide services for fathers whose in-
come is less than the State or local average income level
for male earners.
‘‘(d) AVAILABILITY OF FUNDS.—A State to which a
grant is made under this section for a fiscal year shall
remit to the Secretary any funds remaining from the grant
that have not been expended by the end of the next fiscal
year.
‘‘SEC. 444. COORDINATION WITH OTHER PROGRAMS.
‘‘(a) AUTHORITY TO USE WELFARE-TO-WORK AND
TITLE XX FUNDS FOR ACTIVITIES UNDER THIS PART.—
A State to which a grant is made under section 441 may
use funds provided under section 403(a)(5) or title XX
in any manner described in section 443.
‘‘(b) 
ADMINISTRATION
OF
WELFARE-TO-WORK
FUNDS.—A State that uses funds provided under section
403(a)(5) for activities under this part may administer the
funds so used through the State agency responsible for
administering the funds provided under the other provi-
sions of section 403(a).
‘‘(c) COORDINATION WITH TANF PROGRAM.—The
State shall coordinate the State program funded under
this part with the State program funded under part A.
‘‘SEC. 445. DISBURSEMENT OF FUNDS BY STATES.
‘‘(a) APPROPRIATION
BY STATE LEGISLATURE.—
Any funds received by a State under this part shall be
subject to appropriation by the State legislature, consist-
ent with this part.
‘‘(b) DISBURSEMENT BY GOVERNOR.—The Governor
of a State to which funds are provided under this part
may disburse the funds consistent with this part, except
as otherwise provided by State law.
‘‘SEC. 446. SERVICES PROVIDED BY CHARITABLE, RELI-
GIOUS, OR PRIVATE ORGANIZATIONS.
‘‘(a) STATE OPTION.—A State may—
‘‘(1) administer and provide services under the
program under this part through contracts with
charitable, religious, or private organizations; and
‘‘(2) provide beneficiaries of assistance under
the program with certificates, vouchers, or other
forms of disbursement which are redeemable with
such organizations.
‘‘(b) RELIGIOUS ORGANIZATIONS.—The purpose of
this section is to allow States to contract with religious
organizations, or to allow religious organizations to accept
certificates, vouchers, or other forms of disbursement
under any program under this part, on the same basis as
any other nongovernmental provider without impairing the
religious character of such organizations, and without di-
minishing the religious freedom of beneficiaries of assist-
ance funded under such program.
‘‘(c) NONDISCRIMINATION AGAINST RELIGIOUS OR-
GANIZATIONS.—In the event a State exercises its authority
under subsection (a), religious organizations are eligible,
on the same basis as any other private organization, as
contractors to provide assistance, or to accept certificates,
vouchers, or other forms of disbursement, under any pro-
gram under this part so long as the programs are imple-
mented consistent with the Establishment Clause of the
United States Constitution. Except as provided in sub-
section (k), neither the Federal Government nor a State
receiving funds under such programs shall discriminate
against an organization which is or applies to be a contrac-
tor to provide assistance, or which accepts certificates,
vouchers, or other forms of disbursement, on the basis
that the organization has a religious character.
‘‘(d) RELIGIOUS CHARACTER AND FREEDOM.—
‘‘(1) RELIGIOUS ORGANIZATIONS.—A religious
organization with a contract described in subsection
(a)(1), or which accepts certificates, vouchers, or
other forms of disbursement under subsection (a)(2),
shall retain its independence from Federal, State,
and local governments, including such organization’s
control over the definition, development, practice,
and expression of its religious beliefs.
‘‘(2) ADDITIONAL
SAFEGUARDS.—Neither the
Federal Government nor a State shall require a reli-
gious organization to—
‘‘(A) alter its form of internal governance;
or
‘‘(B) remove religious art, icons, scripture,
or other symbols;
in order to be eligible to contract to provide assist-
ance, or to accept certificates, vouchers, or other
forms of disbursement, funded under a program
under this part.
‘‘(e) RIGHTS OF BENEFICIARIES OF ASSISTANCE.—
‘‘(1) IN GENERAL.—If an individual described
in paragraph (2) has an objection to the religious
character of the organization or institution from
which the individual receives, or would receive, as-
sistance funded under any program under this part,
the State in which the individual resides shall pro-
vide such individual (if otherwise eligible for such as-
sistance) within a reasonable period of time after the
date of such objection with assistance from an alter-
native provider that is accessible to the individual
and the value of which is not less than the value of
the assistance which the individual would have re-
ceived from such organization.
‘‘(2) INDIVIDUAL
DESCRIBED.—An individual
described in this paragraph is an individual who re-
ceives, applies for, or requests to apply for, assist-
ance under a program under this part.
‘‘(f) EMPLOYMENT PRACTICES.—A religious organi-
zation’s exemption provided under section 702 of the Civil
Rights Act of 1964 (42 U.S.C. 2000e–1a) regarding em-
ployment practices shall not be affected by its participa-
tion in, or receipt of funds from, programs under this part.
‘‘(g) 
NONDISCRIMINATION
AGAINST
BENE-
FICIARIES.—Except as otherwise provided in law, a reli-
gious organization shall not discriminate against an indi-
vidual in regard to rendering assistance funded under any
program under this part on the basis of religion, a reli-
gious belief, or refusal to actively participate in a religious
practice.
‘‘(h) FISCAL ACCOUNTABILITY.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), any religious organization contracting to
provide assistance funded under any program under
this part shall be subject to the same regulations as
other contractors to account in accord with generally
accepted auditing principles for the use of such
funds provided under such programs.
‘‘(2) LIMITED
AUDIT.—If such organization
segregates Federal funds provided under such pro-
grams into separate accounts, then only the financial
assistance provided with such funds shall be subject
to audit.
‘‘(i) COMPLIANCE.—Any party which seeks to enforce
its rights under this section may assert a civil action for
injunctive relief exclusively in an appropriate State court
against the entity or agency that allegedly commits such
violation.
‘‘(j) LIMITATIONS ON USE OF FUNDS FOR CERTAIN
PURPOSES.—No funds provided directly to institutions or
organizations to provide services and administer programs
under subsection (a)(1) shall be expended for sectarian
worship, instruction, or proselytization.
‘‘(k) PREEMPTION.—Nothing in this section shall be
construed to preempt any provision of a State constitution
or State statute that prohibits or restricts the expenditure
of State funds in or by religious organizations.
‘‘SEC. 447. ENFORCEMENT PROVISIONS.
‘‘(a) IN GENERAL.—If the Secretary finds that a
State has used funds provided under this part in violation
of this part or of any provision of the State plan submitted
under section 441, the Secretary shall reduce the amount
otherwise payable under section 442 to the State by the
amount so misused as the Secretary considers appropriate.
‘‘(b) LIMITATION ON AMOUNT OF PENALTIES.—
‘‘(1) IN
GENERAL.—In imposing penalties
under subsection (a), the Secretary shall not reduce
any payment to a State by more than 10 percent.
‘‘(2) CARRYFORWARD OF UNRECOVERED PEN-
ALTIES.—To the extent that paragraph (1) of this
subsection prevents the Secretary from recovering
during a fiscal year the full amount of penalties im-
posed on a State under subsection (a) of this section
for a prior fiscal year, the Secretary shall apply any
remaining amount of such penalties to the grant
payable to the State under this part for the succeed-
ing fiscal year.
‘‘(c) APPEAL OF ADVERSE DECISIONS.—Section 410
shall apply to an adverse action taken under this part in
the same manner in which the section applies to an ad-
verse action taken under part A.
‘‘SEC. 448. RESEARCH, EVALUATIONS, AND TECHNICAL AS-
SISTANCE.
‘‘(a) RESEARCH.—The Secretary, directly or through
grants, contracts, or interagency agreements, shall con-
duct research on the State programs funded under this
part.
‘‘(b) EVALUATIONS.—
‘‘(1) IN
GENERAL.—Beginning in fiscal year
2000, the Secretary, directly or through grants, con-
tracts, or interagency agreements, shall annually
evaluate how grants made under this part are used,
and a State to which a grant is so made shall co-
operate with the Secretary in the conduct of the
evaluations.
‘‘(2) REPORTS TO THE CONGRESS.—Beginning
with fiscal year 2003, and every 2 fiscal years there-
after, the Secretary shall submit to the Congress a
report on the evaluations conducted under para-
graph (1) before the fiscal year.
‘‘(c) TECHNICAL ASSISTANCE.—The Secretary, di-
rectly or through grants, contracts, or interagency agree-
ments, shall provide States with technical assistance for
the purpose of disseminating information about successful
programs and program components to entities potentially
eligible to receive funds provided under this part.
‘‘(d) LIMITATIONS ON AUTHORIZATION OF APPRO-
PRIATIONS.—
‘‘(1) RESEARCH AND EVALUATIONS.—For re-
search and evaluations under this section, there are
authorized to be appropriated to the Secretary not
more than $10,000,000 for each of fiscal years 2000
through 2004.
‘‘(2) TECHNICAL
ASSISTANCE.—For technical
assistance under this section, there are authorized to
be appropriated to the Secretary not more than
$10,000,000 for each of fiscal years 2000 through
2004.
‘‘(e) LIMITED REPROGRAMMING AUTHORITY.—Dur-
ing a fiscal year, the Secretary may use not more than
20 percent of any amount appropriated under a paragraph
of subsection (d) for the fiscal year for the purpose de-
scribed in the other subparagraph of subsection (d).
‘‘SEC. 449. DEFINITIONS.
‘‘In this part:
‘‘(1) FISCAL
YEAR.—The term ‘fiscal year’
means any 12-month period ending on September 30
of a calendar year.
‘‘(2) STATE.—The term ‘State’ means the 50
States of the United States, the District of Colum-
bia, the Commonwealth of Puerto Rico, the United
States 
Virgin 
Islands, 
Guam, 
and 
American
Samoa.’’.
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