H. R. 2015—321
described in subsection (u)(2)(A) or subsection (u)(3) the Federal
medical assistance percentage is equal to the enhanced FMAP
described in section 2105(b).’’; and
(2) by adding at the end the following new subsection:
‘‘(u)(1) The conditions described in this paragraph for a State
plan are as follows:
‘‘(A) The State is complying with the requirement of section
2105(d)(1).
‘‘(B) The plan provides for such reporting of information
about expenditures and payments attributable to the operation
of this subsection as the Secretary deems necessary in order
to carry out paragraph (2) and section 2104(d).
‘‘(2)(A) For purposes of subsection (b), the expenditures
described in this subparagraph are expenditures for medical assist-
ance for optional targeted low-income children described in subpara-
graph (C), but not in excess, for a State for a fiscal year, of
the amount described in subparagraph (B) for the State and fiscal
year.
‘‘(B) The amount described in this subparagraph, for a State
for a fiscal year, is the amount of the State’s allotment under
section 2104 (not taking into account reductions under section
2104(d)(2)) for the fiscal year reduced by the amount of any pay-
ments made under section 2105 to the State from such allotment
for such fiscal year.
‘‘(C) For purposes of this paragraph, the term ‘optional targeted
low-income child’ means a targeted low-income child as defined
in section 2110(b)(1) who would not qualify for medical assistance
under the State plan under this title based on such plan as in
effect on April 15, 1997 (but taking into account the expansion
of age of eligibility effected through the operation of section
1902(l)(2)(D)).
‘‘(3) For purposes of subsection (b), the expenditures described
in this subparagraph are expenditures for medical assistance for
children who are born before October 1, 1983, and who would
be described in section 1902(l)(1)(D) if they had been born on
or after such date, and who are not eligible for such assistance
under the State plan under this title based on such State plan
as in effect as of April 15, 1997.’’.
(b) ESTABLISHMENT OF OPTIONAL ELIGIBILITY CATEGORY.—Sec-
tion 1902(a)(10)(A)(ii) (42 U.S.C. 1396a(a)(10)(A)(ii)), as amended
by section 4733, is amended—
(1) in subclause (XII), by striking ‘‘or’’ at the end;
(2) in subclause (XIII), by adding ‘‘or’’ at the end; and
(3) by adding at the end the following:
‘‘(XIV) who are optional targeted low-income
children described in section 1905(u)(2)(C);’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to medical assistance for items and services furnished
on or after October 1, 1997.
SEC. 4912. MEDICAID PRESUMPTIVE ELIGIBILITY FOR LOW-INCOME
CHILDREN.
(a) IN GENERAL.—Title XIX of the Social Security Act is amend-
ed by inserting after section 1920 the following new section:
H. R. 2015—322
‘‘PRESUMPTIVE ELIGIBILITY FOR CHILDREN
‘‘SEC. 1920A. (a) A State plan approved under section 1902
may provide for making medical assistance with respect to health
care items and services covered under the State plan available
to a child during a presumptive eligibility period.
‘‘(b) For purposes of this section:
‘‘(1) The term ‘child’ means an individual under 19 years
of age.
‘‘(2) The term ‘presumptive eligibility period’ means, with
respect to a child, the period that—
‘‘(A) begins with the date on which a qualified entity
determines, on the basis of preliminary information, that
the family income of the child does not exceed the
applicable income level of eligibility under the State plan,
and
‘‘(B) ends with (and includes) the earlier of—
‘‘(i) the day on which a determination is made
with respect to the eligibility of the child for medical
assistance under the State plan, or
‘‘(ii) in the case of a child on whose behalf an
application is not filed by the last day of the month
following the month during which the entity makes
the determination referred to in subparagraph (A),
such last day.
‘‘(3)(A) Subject to subparagraph (B), the term ‘qualified
entity’ means any entity that—
‘‘(i)(I) is eligible for payments under a State plan
approved under this title and provides items and services
described in subsection (a) or (II) is authorized to determine
eligibility of a child to participate in a Head Start program
under the Head Start Act (42 U.S.C. 9821 et seq.), eligibility
of a child to receive child care services for which financial
assistance is provided under the Child Care and Develop-
ment Block Grant Act of 1990 (42 U.S.C. 9858 et seq.),
eligibility of an infant or child to receive assistance under
the special supplemental nutrition program for women,
infants, and children (WIC) under section 17 of the Child
Nutrition Act of 1966 (42 U.S.C. 1786); and
‘‘(ii) is determined by the State agency to be capable
of making determinations of the type described in para-
graph (1)(A).
‘‘(B) The Secretary may issue regulations further limiting
those entities that may become qualified entities in order to
prevent fraud and abuse and for other reasons.
‘‘(C) Nothing in this section shall be construed as prevent-
ing a State from limiting the classes of entities that may
become qualified entities, consistent with any limitations
imposed under subparagraph (B).
‘‘(c)(1) The State agency shall provide qualified entities with—
‘‘(A) such forms as are necessary for an application to
be made on behalf of a child for medical assistance under
the State plan, and
‘‘(B) information on how to assist parents, guardians, and
other persons in completing and filing such forms.
H. R. 2015—323
‘‘(2) A qualified entity that determines under subsection
(b)(1)(A) that a child is presumptively eligible for medical assistance
under a State plan shall—
‘‘(A) notify the State agency of the determination within
5 working days after the date on which determination is made,
and
‘‘(B) inform the parent or custodian of the child at the
time the determination is made that an application for medical
assistance under the State plan is required to be made by
not later than the last day of the month following the month
during which the determination is made.
‘‘(3) In the case of a child who is determined by a qualified
entity to be presumptively eligible for medical assistance under
a State plan, the parent, guardian, or other person shall make
application on behalf of the child for medical assistance under
such plan by not later than the last day of the month following
the month during which the determination is made, which applica-
tion may be the application used for the receipt of medical assistance
by individuals described in section 1902(l)(1).
‘‘(d) Notwithstanding any other provision of this title, medical
assistance for items and services described in subsection (a) that—
‘‘(1) are furnished to a child—
‘‘(A) during a presumptive eligibility period,
‘‘(B) by a entity that is eligible for payments under
the State plan; and
‘‘(2) are included in the care and services covered by a
State plan;
shall be treated as medical assistance provided by such plan for
purposes of section 1903.’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 1902(a)(47) (42 U.S.C. 1396a(a)(47)) is amended
by inserting before the semicolon at the end the following:
‘‘and provide for making medical assistance for items and serv-
ices described in subsection (a) of section 1920A available to
children during a presumptive eligibility period in accordance
with such section’’.
(2) Section 1903(u)(1)(D)(v) (42 U.S.C. 1396b(u)(1)(D)(v))
is amended by inserting before the period at the end the follow-
ing: ‘‘or for items and services described in subsection (a) of
section 1920A provided to a child during a presumptive eligi-
bility period under such section’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the date of the enactment of this Act.
SEC. 4913. CONTINUATION OF MEDICAID ELIGIBILITY FOR DISABLED
CHILDREN WHO LOSE SSI BENEFITS.
(a) IN
GENERAL.—Section 1902(a)(10)(A)(i)(II) (42 U.S.C.
1396a(a)(10)(A)(i)(II)) is amended by inserting ‘‘(or were being paid
as of the date of the enactment of section 211(a) of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996
(P.L. 104–193)) and would continue to be paid but for the enactment
of that section’’ after ‘‘title XVI’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
applies to medical assistance furnished on or after July 1, 1997.
H. R. 2015—324
CHAPTER 3—DIABETES GRANT PROGRAMS
SEC. 4921. SPECIAL DIABETES PROGRAMS FOR CHILDREN WITH TYPE
I DIABETES.
Subpart I of part D of title III of the Public Health Service
Act (42 U.S.C. 254b et seq.) is amended by adding at the end
the following section:
‘‘SEC. 330B. SPECIAL DIABETES PROGRAMS FOR CHILDREN WITH TYPE
I DIABETES.
‘‘(a) TYPE I DIABETES IN CHILDREN.—The Secretary shall make
grants for services for the prevention and treatment of type I
diabetes in children, and for research in innovative approaches
to such services. Such grants may be made to children’s hospitals;
grantees under section 330 and other federally qualified health
centers; State and local health departments; and other appropriate
public or nonprofit private entities.
‘‘(b) FUNDING.—Notwithstanding section 2104(a) of the Social
Security Act, from the amounts appropriated in such section for
each of fiscal years 1998 through 2002, $30,000,000 is hereby trans-
ferred and made available in such fiscal year for grants under
this section.’’.
SEC. 4922. SPECIAL DIABETES PROGRAMS FOR INDIANS.
Subpart I of part D of title III of the Public Health Service
Act (42 U.S.C. 254b et seq.), as amended by section 4921, is further
amended by adding at the end the following section:
‘‘SEC. 330C. SPECIAL DIABETES PROGRAMS FOR INDIANS.
‘‘(a) IN GENERAL.—The Secretary shall make grants for provid-
ing services for the prevention and treatment of diabetes in accord-
ance with subsection (b).
‘‘(b) SERVICES THROUGH INDIAN HEALTH FACILITIES.—For pur-
poses of subsection (a), services under such subsection are provided
in accordance with this subsection if the services are provided
through any of the following entities:
‘‘(1) The Indian Health Service.
‘‘(2) An Indian health program operated by an Indian tribe
or tribal organization pursuant to a contract, grant, cooperative
agreement, or compact with the Indian Health Service pursuant
to the Indian Self-Determination Act.
‘‘(3) An urban Indian health program operated by an urban
Indian organization pursuant to a grant or contract with the
Indian Health Service pursuant to title V of the Indian Health
Care Improvement Act.
‘‘(c) FUNDING.—Notwithstanding section 2104(a) of the Social
Security Act, from the amounts appropriated in such section for
each of fiscal years 1998 through 2002, $30,000,000 is hereby trans-
ferred and made available in such fiscal year for grants under
this section.’’.
SEC. 4923. REPORT ON DIABETES GRANT PROGRAMS.
(a) EVALUATION.—The Secretary of Health and Human Services
shall conduct an evaluation of the diabetes grant programs estab-
lished under the amendments made by this chapter.
(b) REPORTS.—The Secretary shall submit to the appropriate
committees of Congress—
H. R. 2015—325
(1) an interim report on the evaluation conducted under
subsection (a) not later than January 1, 2000, and
(2) a final report on such evaluation not later than January
1, 2002.
TITLE V—WELFARE AND RELATED
PROVISIONS
SEC. 5000. TABLE OF CONTENTS; REFERENCES.
(a) TABLE OF CONTENTS.—The table of contents of this title
is as follows:
Sec. 5000. Table of contents; references.
Subtitle A—TANF Block Grant
Sec. 5001. Welfare-to-work grants.
Sec. 5002. Limitation on amount of Federal funds transferable to title XX pro-
grams.
Sec. 5003. Limitation on number of persons who may be treated as engaged in
work by reason of participation in educational activities.
Sec. 5004. Penalty for failure of State to reduce assistance for recipients refusing
without good cause to work.
Subtitle B—Supplemental Security Income
Sec. 5101. Extension of deadline to perform childhood disability redeterminations.
Sec. 5102. Fees for Federal administration of State supplementary payments.
Subtitle C—Child Support Enforcement
Sec. 5201. Clarification of authority to permit certain redisclosures of wage and
claim information.
Subtitle D—Restricting Welfare and Public Benefits for Aliens
Sec. 5301. SSI eligibility for aliens receiving SSI on August 22, 1996, and disabled
aliens lawfully residing in the United States on August 22, 1996.
Sec. 5302. Extension of eligibility period for refugees and certain other qualified
aliens from 5 to 7 years for SSI and medicaid; status of Cuban and Hai-
tian entrants.
Sec. 5303. Exceptions for certain Indians from limitation on eligibility for supple-
mental security income and medicaid benefits.
Sec. 5304. Exemption from restriction on supplemental security income program
participation by certain recipients eligible on the basis of very old appli-
cations.
Sec. 5305. Reinstatement of eligibility for benefits.
Sec. 5306. Treatment of certain Amerasian immigrants as refugees.
Sec. 5307. Verification of eligibility for State and local public benefits.
Sec. 5308. Effective date.
Subtitle E—Unemployment Compensation
Sec. 5401. Clarifying provision relating to base periods.
Sec. 5402. Increase in Federal unemployment account ceiling.
Sec. 5403. Special distribution to States from Unemployment Trust Fund.
Sec. 5404. Interest-free advances to State accounts in Unemployment Trust Fund
restricted to States which meet funding goals.
Sec. 5405. Exemption of service performed by election workers from the Federal
unemployment tax.
Sec. 5406. Treatment of certain services performed by inmates.
Sec. 5407. Exemption of service performed for an elementary or secondary school
operated primarily for religious purposes from the Federal unemploy-
ment tax.
Sec. 5408. State program integrity activities for unemployment compensation.
Subtitle F—Welfare Reform Technical Corrections
CHAPTER 1—BLOCK GRANTS FOR TEMPORARY ASSISTANCE TO NEEDY FAMILIES
Sec. 5501. Eligible States; State plan.
Sec. 5502. Grants to States.
H. R. 2015—326
Sec. 5503. Use of grants.
Sec. 5504. Mandatory work requirements.
Sec. 5505. Prohibitions; requirements.
Sec. 5506. Penalties.
Sec. 5507. Data collection and reporting.
Sec. 5508. Direct funding and administration by Indian Tribes.
Sec. 5509. Research, evaluations, and national studies.
Sec. 5510. Report on data processing.
Sec. 5511. Study on alternative outcomes measures.
Sec. 5512. Limitation on payments to the territories.
Sec. 5513. Conforming amendments to the Social Security Act.
Sec. 5514. Other conforming amendments.
Sec. 5515. Modifications to the job opportunities for certain low-income individuals
program.
Sec. 5516. Denial of assistance and benefits for drug-related convictions.
Sec. 5517. Transition rule.
Sec. 5518. Effective dates.
CHAPTER 2—SUPPLEMENTAL SECURITY INCOME
Sec. 5521. Conforming and technical amendments relating to eligibility restrictions.
Sec. 5522. Conforming and technical amendments relating to benefits for disabled
children.
Sec. 5523. Additional technical amendments to title XVI.
Sec. 5524. Additional technical amendments relating to title XVI.
Sec. 5525. Technical amendments relating to drug addicts and alcoholics.
Sec. 5526. Advisory board personnel.
Sec. 5527. Timing of delivery of October 1, 2000, SSI benefit payments.
Sec. 5528. Effective dates.
CHAPTER 3—CHILD SUPPORT
Sec. 5531. State obligation to provide child support enforcement services.
Sec. 5532. Distribution of collected support.
Sec. 5533. Civil penalties relating to State Directory of New Hires.
Sec. 5534. Federal Parent Locator Service.
Sec. 5535. Access to registry data for research purposes.
Sec. 5536. Collection and use of social security numbers for use in child support en-
forcement.
Sec. 5537. Adoption of uniform State laws.
Sec. 5538. State laws providing expedited procedures.
Sec. 5539. Voluntary paternity acknowledgement.
Sec. 5540. Calculation of paternity establishment percentage.
Sec. 5541. Means available for provision of technical assistance and operation of
Federal Parent Locator Service.
Sec. 5542. Authority to collect support from Federal employees.
Sec. 5543. Definition of support order.
Sec. 5544. State law authorizing suspension of licenses.
Sec. 5545. International support enforcement.
Sec. 5546. Child support enforcement for Indian tribes.
Sec. 5547. Continuation of rules for distribution of support in the case of a title IV–
E child.
Sec. 5548. Good cause in foster care and food stamp cases.
Sec. 5549. Date of collection of support.
Sec. 5550. Administrative enforcement in interstate cases.
Sec. 5551. Work orders for arrearages.
Sec. 5552. Additional technical State plan amendments.
Sec. 5553. Federal Case Registry of Child Support Orders.
Sec. 5554. Full faith and credit for child support orders.
Sec. 5555. Development costs of automated systems.
Sec. 5556. Additional technical amendments.
Sec. 5557. Effective date.
CHAPTER 4—RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS
SUBCHAPTER A—ELIGIBILITY FOR FEDERAL BENEFITS
Sec. 5561. Alien eligibility for Federal benefits: limited application to medicare and
benefits under the Railroad Retirement Act.
Sec. 5562. Exceptions to benefit limitations: corrections to reference concerning
aliens whose deportation is withheld.
Sec. 5563. Veterans exception: application of minimum active duty service require-
ment; extension to unremarried surviving spouse; expanded definition of
veteran.
H. R. 2015—327
Sec. 5564. Notification concerning aliens not lawfully present: correction of termi-
nology.
Sec. 5565. Freely associated States: contracts and licenses.
Sec. 5566. Congressional statement regarding benefits for Hmong and other High-
land Lao veterans.
SUBCHAPTER B—GENERAL PROVISIONS
Sec. 5571. Determination of treatment of battered aliens as qualified aliens; inclu-
sion of alien child of battered parent as qualified alien.
Sec. 5572. Verification of eligibility for benefits.
Sec. 5573. Qualifying quarters: disclosure of quarters of coverage information; cor-
rection to assure that crediting applies to all quarters earned by parents
before child is 18.
Sec. 5574. Statutory construction: benefit eligibility limitations applicable only with
respect to aliens present in the United States.
SUBCHAPTER C—MISCELLANEOUS CLERICAL AND TECHNICAL AMENDMENTS; EFFECTIVE
DATE
Sec. 5581. Correcting miscellaneous clerical and technical errors.
Sec. 5582. Effective date.
CHAPTER 5—CHILD PROTECTION
Sec. 5591. Conforming and technical amendments relating to child protection.
Sec. 5592. Additional technical amendments relating to child protection.
Sec. 5593. Effective date.
CHAPTER 6—CHILD CARE
Sec. 5601. Conforming and technical amendments relating to child care.
Sec. 5602. Additional conforming and technical amendments.
Sec. 5603. Effective dates.
CHAPTER 7—ERISA AMENDMENTS RELATING TO MEDICAL CHILD SUPPORT ORDERS
Sec. 5611. Amendments relating to section 303 of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996.
Sec. 5612. Amendment relating to section 381 of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996.
Sec. 5613. Amendments relating to section 382 of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996.
Subtitle G—Miscellaneous
Sec. 5701. Increase in public debt limit.
Sec. 5702. Authorization of appropriations for enforcement initiatives related to the
earned income tax credit.
(b) REFERENCES.—Except as otherwise expressly provided,
wherever in this title an amendment or repeal is expressed in
terms of an amendment to, or repeal of a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Social Security Act.
Subtitle A—TANF Block Grant
SEC. 5001. WELFARE-TO-WORK GRANTS.
(a) GRANTS TO STATES.—
(1) IN
GENERAL.—Section 403(a) (42 U.S.C. 603(a)) is
amended by adding at the end the following:
‘‘(5) WELFARE-TO-WORK GRANTS.—
‘‘(A) FORMULA GRANTS.—
‘‘(i) ENTITLEMENT.—A State shall be entitled to
receive from the Secretary of Labor a grant for each
fiscal year specified in subparagraph (I) of this para-
graph for which the State is a welfare-to-work State,
in an amount that does not exceed the lesser of—
‘‘(I) 2 times the total of the expenditures by
the State (excluding qualified State expenditures
H. R. 2015—328
(as defined in section 409(a)(7)(B)(i)) and any
expenditure described in subclause (I), (II), or (IV)
of section 409(a)(7)(B)(iv)) during the fiscal year
for activities described in subparagraph (C)(i) of
this paragraph; or
‘‘(II) the allotment of the State under clause
(iii) of this subparagraph for the fiscal year.
‘‘(ii) WELFARE-TO-WORK STATE.—A State shall be
considered a welfare-to-work State for a fiscal year
for purposes of this paragraph if the Secretary of Labor
determines that the State meets the following require-
ments:
‘‘(I) The State has submitted to the Secretary
of Labor and the Secretary of Health and Human
Services (in the form of an addendum to the State
plan submitted under section 402) a plan which—
‘‘(aa) describes how, consistent with this
subparagraph, the State will use any funds
provided under this subparagraph during the
fiscal year;
‘‘(bb) specifies the formula to be used
pursuant to clause (vi) to distribute funds in
the State, and describes the process by which
the formula was developed;
‘‘(cc) contains evidence that the plan was
developed in consultation and coordination
with appropriate entitites in sub-State areas;
‘‘(dd) contains assurances by the Governor
of the State that the private industry council
(and any alternate agency designated by the
Governor under item (ee)) for a service deliv-
ery area in the State will coordinate the
expenditure of any funds provided under this
subparagraph for the benefit of the service
delivery area with the expenditure of the funds
provided to the State under section 403(a)(1);
and
‘‘(ee) if the Governor of the State desires
to have an agency other than a private indus-
try council administer the funds provided
under this subparagraph for the benefit of 1
or more service delivery areas in the State,
contains an application to the Secretary of
Labor for a waiver of clause (vii)(I) with
respect to the area or areas in order to permit
an alternate agency designated by the Gov-
ernor to so administer the funds.
‘‘(II) The State has provided to the Secretary
of Labor an estimate of the amount that the State
intends to expend during the fiscal year (excluding
expenditures described in section 409(a)(7)(B)(iv)
(other than subclause (III) thereof)) pursuant to
this paragraph.
‘‘(III) The State has agreed to negotiate in
good faith with the Secretary of Health and
Human Services with respect to the substance and
funding of any evaluation under section 413(j),
H. R. 2015—329
and to cooperate with the conduct of any such
evaluation.
‘‘(IV) The State is an eligible State for the
fiscal year.
‘‘(V) The State certifies that qualified State
expenditures (within the meaning of section
409(a)(7)) for the fiscal year will be not less than
the applicable percentage of historic State expendi-
tures (within the meaning of section 409(a)(7)) with
respect to the fiscal year.
‘‘(iii) ALLOTMENTS TO WELFARE-TO-WORK STATES.—
‘‘(I) IN GENERAL.—Subject to this clause, the
allotment of a welfare-to-work State for a fiscal
year shall be the available amount for the fiscal
year, multiplied by the State percentage for the
fiscal year.
‘‘(II) MINIMUM ALLOTMENT.—The allotment of
a welfare-to-work State (other than Guam, the
Virgin Islands, or American Samoa) for a fiscal
year shall not be less than 0.25 percent of the
available amount for the fiscal year.
‘‘(III) PRO RATA REDUCTION.—Subject to sub-
clause (II), the Secretary of Labor shall make pro
rata reductions in the allotments to States under
this clause for a fiscal year as necessary to ensure
that the total of the allotments does not exceed
the available amount for the fiscal year.
‘‘(iv) AVAILABLE AMOUNT.—As used in this subpara-
graph, the term ‘available amount’ means, for a fiscal
year, the sum of—
‘‘(I) 75 percent of the sum of—
‘‘(aa) the amount specified in subpara-
graph (I) for the fiscal year, minus the total
of the amounts reserved pursuant to subpara-
graphs (E), (F), (G), and (H) for the fiscal
year; and
‘‘(bb) any amount reserved pursuant to
subparagraph (F) for the immediately preced-
ing fiscal year that has not been obligated;
and
‘‘(II) any available amount for the immediately
preceding fiscal year that has not been obligated
by a State or sub-State entity.
‘‘(v) STATE PERCENTAGE.—As used in clause (iii),
the term ‘State percentage’ means, with respect to
a fiscal year, 1⁄2 of the sum of—
‘‘(I) the percentage represented by the number
of individuals in the State whose income is less
than the poverty line divided by the number of
such individuals in the United States; and
‘‘(II) the percentage represented by the number
of adults who are recipients of assistance under
the State program funded under this part divided
by the number of adults in the United States who
are recipients of assistance under any State pro-
gram funded under this part.
H. R. 2015—330
‘‘(vi) PROCEDURE
FOR
DISTRIBUTION
OF
FUNDS
WITHIN STATES.—
‘‘(I) ALLOCATION FORMULA.—A State to which
a grant is made under this subparagraph shall
devise a formula for allocating not less than 85
percent of the amount of the grant among the
service delivery areas in the State, which—
‘‘(aa) determines the amount to be allo-
cated for the benefit of a service delivery area
in proportion to the number (if any) by which
the population of the area with an income
that is less than the poverty line exceeds 7.5
percent of the total population of the area,
relative to such number for all such areas
in the State with such an excess, and accords
a weight of not less than 50 percent to this
factor;
‘‘(bb) may determine the amount to be
allocated for the benefit of such an area in
proportion to the number of adults residing
in the area who have been recipients of assist-
ance under the State program funded under
this part (whether in effect before or after
the amendments made by section 103(a) of
the Personal Responsibility and Work Oppor-
tunity Reconciliation Act of 1996 first applied
to the State) for at least 30 months (whether
or not consecutive) relative to the number of
such adults residing in the State; and
‘‘(cc) may determine the amount to be allo-
cated for the benefit of such an area in propor-
tion to the number of unemployed individuals
residing in the area relative to the number
of such individuals residing in the State.
‘‘(II) DISTRIBUTION OF FUNDS.—
‘‘(aa) IN
GENERAL.—If the amount allo-
cated by the formula to a service delivery area
is at least $100,000, the State shall distribute
the amount to the entity administering the
grant in the area.
‘‘(bb) SPECIAL RULE.—If the amount allo-
cated by the formula to a service delivery area
is less than $100,000, the sum shall be avail-
able for distribution in the State under sub-
clause (III) during the fiscal year.
‘‘(III) PROJECTS TO HELP LONG-TERM RECIPI-
ENTS OF ASSISTANCE ENTER UNSUBSIDIZED JOBS.—
The Governor of a State to which a grant is made
under this subparagraph may distribute not more
than 15 percent of the grant funds (plus any
amount required to be distributed under this sub-
clause by reason of subclause (II)(bb)) to projects
that appear likely to help long-term recipients of
assistance under the State program funded under
this part (whether in effect before or after the
H. R. 2015—331
amendments made by section 103(a) of the Per-
sonal Responsibility and Work Opportunity Rec-
onciliation Act of 1996 first applied to the State)
enter unsubsidized employment.
‘‘(vii) ADMINISTRATION.—
‘‘(I) PRIVATE INDUSTRY COUNCILS.—The private
industry council for a service delivery area in a
State shall have sole authority, in coordination
with the chief elected official (as described in sec-
tion 103(c) of the Job Training Partnership Act)
of the area, to expend the amounts distributed
under clause (vi)(II)(aa) for the benefit of the serv-
ice delivery area, in accordance with the assur-
ances described in clause (ii)(I)(dd) provided by
the Governor of the State.
‘‘(II) ENFORCEMENT
OF
COORDINATION
OF
EXPENDITURES WITH OTHER EXPENDITURES UNDER
THIS PART.—Notwithstanding subclause (I) of this
clause, on a determination by the Governor of a
State that a private industry council (or an alter-
nate agency described in clause (ii)(I)(dd)) has used
funds provided under this subparagraph in a man-
ner inconsistent with the assurances described in
clause (ii)(I)(dd)—
‘‘(aa) the private industry council (or such
alternate agency) shall remit the funds to the
Governor; and
‘‘(bb) the Governor shall apply to the Sec-
retary of Labor for a waiver of subclause (I)
of this clause with respect to the service deliv-
ery area or areas involved in order to permit
an alternate agency designated by the Gov-
ernor to administer the funds in accordance
with the assurances.
‘‘(III) AUTHORITY TO PERMIT USE OF ALTERNATE
ADMINISTERING AGENCY.—The Secretary of Labor
shall approve an application submitted under
clause (ii)(I)(ee) or subclause (II)(bb) of this clause
to waive subclause (I) of this clause with respect
to 1 or more service delivery areas if the Secretary
determines that the alternate agency designated
in the application would improve the effectiveness
or efficiency of the administration of amounts
distributed under clause (vi)(II)(aa) for the benefit
of the area or areas.
‘‘(viii) DATA TO BE USED IN DETERMINING THE NUM-
BER OF ADULT TANF RECIPIENTS.—For purposes of this
subparagraph, the number of adult recipients of assist-
ance under a State program funded under this part
for a fiscal year shall be determined using data for
the most recent 12-month period for which such data
is available before the beginning of the fiscal year.
‘‘(B) COMPETITIVE GRANTS.—
‘‘(i) IN
GENERAL.—The Secretary of Labor shall
award grants in accordance with this subparagraph,
in fiscal years 1998 and 1999, for projects proposed
by eligible applicants, based on the following:
H. R. 2015—332
‘‘(I) The effectiveness of the proposal in—
‘‘(aa) expanding the base of knowledge
about programs aimed at moving recipients
of assistance under State programs funded
under this part who are least job ready into
unsubsidized employment.
‘‘(bb) moving recipients of assistance
under State programs funded under this part
who are least job ready into unsubsidized
employment; and
‘‘(cc) moving recipients of assistance under
State programs funded under this part who
are least job ready into unsubsidized employ-
ment, even in labor markets that have a short-
age of low-skill jobs.
‘‘(II) At the discretion of the Secretary of
Labor, any of the following:
‘‘(aa) The history of success of the
applicant in moving individuals with multiple
barriers into work.
‘‘(bb) Evidence of the applicant’s ability
to leverage private, State, and local resources.
‘‘(cc) Use by the applicant of State and
local resources beyond those required by
subparagraph (A).
‘‘(dd) Plans of the applicant to coordinate
with other organizations at the local and State
level.
‘‘(ee) Use by the applicant of current or
former recipients of assistance under a State
program funded under this part as mentors,
case managers, or service providers.
‘‘(ii) ELIGIBLE APPLICANTS.—As used in clause (i),
the term ‘eligible applicant’ means a private industry
council for a service delivery area in a State, a political
subdivision of a State, or a private entity applying
in conjunction with the private industry council for
such a service delivery area or with such a political
subdivision, that submits a proposal developed in con-
sultation with the Governor of the State.
‘‘(iii) DETERMINATION
OF
GRANT
AMOUNT.—In
determining the amount of a grant to be made under
this subparagraph for a project proposed by an
applicant, the Secretary of Labor shall provide the
applicant with an amount sufficient to ensure that
the project has a reasonable opportunity to be success-
ful, taking into account the number of long-term recipi-
ents of assistance under a State program funded under
this part, the level of unemployment, the job opportuni-
ties and job growth, the poverty rate, and such other
factors as the Secretary of Labor deems appropriate,
in the area to be served by the project.
‘‘(iv) CONSIDERATION OF NEEDS OF RURAL AREAS
AND
CITIES
WITH
LARGE
CONCENTRATIONS
OF
POV-
ERTY.—In making grants under this subparagraph, the
Secretary of Labor shall consider the needs of rural
H. R. 2015—333
areas and cities with large concentrations of residents
with an income that is less than the poverty line.
‘‘(v) FUNDING.—For grants under this subpara-
graph for each fiscal year specified in subparagraph
(I), there shall be available to the Secretary of Labor
an amount equal to the sum of—
‘‘(I) 25 percent of the sum of—
‘‘(aa) the amount specified in subpara-
graph (I) for the fiscal year, minus the total
of the amounts reserved pursuant to subpara-
graphs (E), (F), (G), and (H) for the fiscal
year; and
‘‘(bb) any amount reserved pursuant to
subparagraph (F) for the immediately preced-
ing fiscal year that has not been obligated;
and
‘‘(II) any amount available for grants under
this subparagraph for the immediately preceding
fiscal year that has not been obligated.
‘‘(C) LIMITATIONS ON USE OF FUNDS.—
‘‘(i) ALLOWABLE ACTIVITIES.—An entity to which
funds are provided under this paragraph shall use
the funds to move individuals into and keep individuals
in lasting unsubsidized employment by means of any
of the following:
‘‘(I) The conduct and administration of commu-
nity service or work experience programs.
‘‘(II) Job creation through public or private
sector employment wage subsidies.
‘‘(III) On-the-job training.
‘‘(IV) Contracts with public or private provid-
ers of readiness, placement, and post-employment
services.
‘‘(V) Job vouchers for placement, readiness,
and postemployment services.
‘‘(VI) Job retention or support services if such
services are not otherwise available.
Contracts or vouchers for job placement services sup-
ported by such funds must require that at least 1⁄2
of the payment occur after an eligible individual placed
into the workforce has been in the workforce for 6
months.
‘‘(ii) REQUIRED
BENEFICIARIES.—An entity that
operates a project with funds provided under this para-
graph shall expend at least 70 percent of all funds
provided to the project for the benefit of recipients
of assistance under the program funded under this
part of the State in which the entity is located, or
for the benefit of noncustodial parents of minors whose
custodial parent is such a recipient, who meet the
requirements of each of the following subclauses:
‘‘(I) At least 2 of the following apply to the
recipient:
‘‘(aa) The individual has not completed
secondary school or obtained a certificate of
general equivalency, and has low skills in
reading or mathematics.
H. R. 2015—334
‘‘(bb) The individual requires substance
abuse treatment for employment.
‘‘(cc) The individual has a poor work his-
tory.
‘‘(II) The individual—
‘‘(aa) has received assistance under the
State 
program 
funded 
under 
this 
part
(whether in effect before or after the amend-
ments made by section 103 of the Personal
Responsibility and Work Opportunity Rec-
onciliation Act of 1996 first apply to the State)
for at least 30 months (whether or not consecu-
tive); or
‘‘(bb) within 12 months, will become ineli-
gible for assistance under the State program
funded under this part by reason of a
durational limit on such assistance, without
regard to any exemption provided pursuant
to section 408(a)(7)(C) that may apply to the
individual.
‘‘(iii) TARGETING OF INDIVIDUALS WITH CHARACTER-
ISTICS ASSOCIATED WITH LONG-TERM WELFARE DEPEND-
ENCE.—An entity that operates a project with funds
provided under this paragraph may expend not more
than 30 percent of all funds provided to the project
for programs that provide assistance in a form
described in clause (i)—
‘‘(I) to recipients of assistance under the pro-
gram funded under this part of the State in which
the entity is located who have characteristics asso-
ciated with long-term welfare dependence (such
as school dropout, teen pregnancy, or poor work
history), including, at the option of the State, by
providing assistance in such form as a condition
of receiving assistance under the State program
funded under this part; or
‘‘(II) to individuals—
‘‘(aa) who are noncustodial parents of
minors whose custodial parent is such a recipi-
ent; and
‘‘(bb) who have such characteristics.
To the extent that the entity does not expend such
funds in accordance with the preceding sentence, the
entity shall expend such funds in accordance with
clause (ii).
‘‘(iv) AUTHORITY TO PROVIDE WORK-RELATED SERV-
ICES TO INDIVIDUALS WHO HAVE REACHED THE 5 YEAR
LIMIT.—An entity that operates a project with funds
provided under this paragraph may use the funds to
provide assistance in a form described in clause (i)
of this subparagraph to, or for the benefit of, individ-
uals who (but for section 408(a)(7)) would be eligible
for assistance under the program funded under this
part of the State in which the entity is located.
‘‘(v) RELATIONSHIP TO OTHER PROVISIONS OF THIS
PART.—
H. R. 2015—335
‘‘(I) RULES
GOVERNING
USE
OF
FUNDS.—The
rules of section 404, other than subsections (b),
(f), and (h) of section 404, shall not apply to a
grant made under this paragraph.
‘‘(II) 
RULES
GOVERNING
PAYMENTS
TO
STATES.—The Secretary of Labor shall carry out
the functions otherwise assigned by section 405
to the Secretary of Health and Human Services
with respect to the grants payable under this para-
graph.
‘‘(III) ADMINISTRATION.—Section 416 shall not
apply to the programs under this paragraph.
‘‘(vi) PROHIBITION AGAINST USE OF GRANT FUNDS
FOR ANY OTHER FUND MATCHING REQUIREMENT.—An
entity to which funds are provided under this para-
graph shall not use any part of the funds, nor any
part of State expenditures made to match the funds,
to fulfill any obligation of any State, political subdivi-
sion, or private industry council to contribute funds
under section 403(b) or 418 or any other provision
of this Act or other Federal law.
‘‘(vii) DEADLINE FOR EXPENDITURE.—An entity to
which funds are provided under this paragraph shall
remit to the Secretary of Labor any part of the funds
that are not expended within 3 years after the date
the funds are so provided.
‘‘(viii) REGULATIONS.—Within 90 days after the
date of the enactment of this paragraph, the Secretary
of Labor, after consultation with the Secretary of
Health and Human Services and the Secretary of Hous-
ing and Urban Development, shall prescribe such regu-
lations as may be necessary to implement this para-
graph.
‘‘(D) DEFINITIONS.—
‘‘(i) INDIVIDUALS WITH INCOME LESS THAN THE POV-
ERTY LINE.—For purposes of this paragraph, the num-
ber of individuals with an income that is less than
the poverty line shall be determined for a fiscal year—
‘‘(I) based on the methodology used by the
Bureau of the Census to produce and publish
intercensal poverty data for States and counties
(or, in the case of Puerto Rico, the Virgin Islands,
Guam, and American Samoa, other poverty data
selected by the Secretary of Labor); and
‘‘(II) using data for the most recent year for
which such data is available before the beginning
of the fiscal year.
‘‘(ii) PRIVATE INDUSTRY COUNCIL.—As used in this
paragraph, the term ‘private industry council’ means,
with respect to a service delivery area, the private
industry council (or successor entity) established for
the service delivery area pursuant to the Job Training
Partnership Act.
‘‘(iii) SERVICE
DELIVERY
AREA.—As used in this
paragraph, the term ‘service delivery area’ shall have
the meaning given such term (or the successor to such
H. R. 2015—336
term) for purposes of the Job Training Partnership
Act.
‘‘(E) 
SET-ASIDE
FOR
SUCCESSFUL
PERFORMANCE
BONUS.—
‘‘(i) IN
GENERAL.—The Secretary of Labor shall
make a grant in accordance with this subparagraph
to each successful performance State in fiscal year
2000.
‘‘(ii) AMOUNT OF GRANT.—The Secretary of Labor
shall determine the amount of the grant payable under
this subparagraph to a successful performance State,
which shall be based on the score assigned to the
State under clause (iv)(I)(aa) for such prior period as
the Secretary of Labor deems appropriate.
‘‘(iii) FORMULA
FOR
MEASURING
STATE
PERFORM-
ANCE.—Not later than 1 year after the date of the
enactment of this paragraph, the Secretary of Labor,
in consultation with the Secretary of Health and
Human Services, the National Governors’ Association,
and the American Public Welfare Association, shall
develop a formula for measuring—
‘‘(I) the success of States in placing individuals
in private sector employment or in any kind of
employment, through programs operated with
funds provided under subparagraph (A);
‘‘(II) the duration of such placements;
‘‘(III) any increase in the earnings of such
individuals; and
‘‘(IV) such other factors as the Secretary of
Labor deems appropriate concerning the activities
of the States with respect to such individuals.
The formula may take into account general economic
conditions on a State-by-State basis.
‘‘(iv) SCORING OF STATE PERFORMANCE; SETTING OF
PERFORMANCE THRESHOLDS.—
‘‘(I) IN
GENERAL.—The Secretary of Labor
shall—
‘‘(aa) use the formula developed under
clause (iii) to assign a score to each State
that was a welfare-to-work State for fiscal
years 1998 and 1999; and
‘‘(bb) prescribe a performance threshold
in such a manner so as to ensure that the
total amount of grants to be made under this
paragraph equals $100,000,000.
‘‘(II) AVAILABILITY OF WELFARE-TO-WORK DATA
SUBMITTED TO THE SECRETARY OF HHS.—The Sec-
retary of Health and Human Services shall provide
the Secretary of Labor with the data reported by
States under this part with respect to programs
operated with funds provided under subparagraph
(A).
‘‘(v) SUCCESSFUL PERFORMANCE STATE DEFINED.—
As used in this subparagraph, the term ‘successful
performance State’ means a State whose score assigned
pursuant to clause (iv)(I)(aa) equals or exceeds the
H. R. 2015—337
performance 
threshold 
prescribed 
under 
clause
(iv)(I)(bb).
‘‘(vi) SET-ASIDE.—$100,000,000 of the amount
specified in subparagraph (I) for fiscal year 1999 shall
be reserved for grants under this subparagraph.
‘‘(F) FUNDING FOR INDIAN TRIBES.—1 percent of the
amount specified in subparagraph (I) for fiscal year 1998
and of the amount so specified for fiscal year 1999 shall
be reserved for grants to Indian tribes under section
412(a)(3).
‘‘(G) FUNDING FOR EVALUATIONS OF WELFARE-TO-WORK
PROGRAMS.—0.6 percent of the amount specified in subpara-
graph (I) for fiscal year 1998 and of the amount so specified
for fiscal year 1999 shall be reserved for use by the Sec-
retary to carry out section 413(j).
‘‘(H) FUNDING FOR EVALUATION OF ABSTINENCE EDU-
CATION PROGRAMS.—
‘‘(i) IN GENERAL.—0.2 percent of the amount speci-
fied in subparagraph (I) for fiscal year 1998 and of
the amount so specified for fiscal year 1999 shall be
reserved for use by the Secretary to evaluate programs
under section 510, directly or through grants, contracts,
or interagency agreements.
‘‘(ii) AUTHORITY TO USE FUNDS FOR EVALUATIONS
OF WELFARE-TO-WORK PROGRAMS.—Any such amount
not required for such evaluations shall be available
for use by the Secretary to carry out section 413(j).
‘‘(iii) DEADLINE FOR OUTLAYS.—Outlays from funds
used pursuant to clause (i) for evaluation of programs
under section 510 shall not be made after fiscal year
2001.
‘‘(I) APPROPRIATIONS.—
‘‘(i) IN GENERAL.—Out of any money in the Treas-
ury of the United States not otherwise appropriated,
there are appropriated $1,500,000,000 for each of fiscal
years 1998 and 1999 for grants under this paragraph.
‘‘(ii) AVAILABILITY.—The amounts made available
pursuant to clause (i) shall remain available for such
period as is necessary to make the grants provided
for in this paragraph.
‘‘(J) WORKER PROTECTIONS.—
‘‘(i) NONDISPLACEMENT IN WORK ACTIVITIES.—
‘‘(I) GENERAL
PROHIBITION.—Subject to this
clause, an adult in a family receiving assistance
attributable to funds provided under this para-
graph may fill a vacant employment position in
order to engage in a work activity.
‘‘(II) PROHIBITION AGAINST VIOLATION OF CON-
TRACTS.—A work activity engaged in under a pro-
gram operated with funds provided under this
paragraph shall not violate an existing contract
for services or a collective bargaining agreement,
and such a work activity that would violate a
collective bargaining agreement shall not be under-
taken without the written concurrence of the labor
organization and employer concerned.
H. R. 2015—338
‘‘(III) OTHER PROHIBITIONS.—An adult partici-
pant in a work activity engaged in under a pro-
gram operated with funds provided under this
paragraph shall not be employed or assigned—
‘‘(aa) when any other individual is on lay-
off from the same or any substantially equiva-
lent job;
‘‘(bb) if the employer has terminated the
employment of any regular employee or other-
wise caused an involuntary reduction in its
workforce with the intention of filling the
vacancy so created with the participant; or
‘‘(cc) if the employer has caused an invol-
untary reduction to less than full time in hours
of any employee in the same or a substantially
equivalent job.
‘‘(ii) HEALTH
AND
SAFETY.—Health and safety
standards established under Federal and State law
otherwise applicable to working conditions of employ-
ees shall be equally applicable to working conditions
of other participants engaged in a work activity under
a program operated with funds provided under this
paragraph.
‘‘(iii) NONDISCRIMINATION.—In addition to the
protections provided under the provisions of law speci-
fied in section 408(c), an individual may not be
discriminated against by reason of gender with respect
to participation in work activities engaged in under
a program operated with funds provided under this
paragraph.
‘‘(iv) GRIEVANCE PROCEDURE.—
‘‘(I) IN GENERAL.—Each State to which a grant
is made under this paragraph shall establish and
maintain a procedure for grievances or complaints
from employees alleging violations of clause (i) and
participants in work activities alleging violations
of clause (i), (ii), or (iii).
‘‘(II) HEARING.—The procedure shall include
an opportunity for a hearing.
‘‘(III) REMEDIES.—The procedure shall include
remedies for violation of clause (i), (ii), or (iii),
which may continue during the pendency of the
procedure, and which may include—
‘‘(aa) suspension or termination of pay-
ments from funds provided under this para-
graph;
‘‘(bb) prohibition of placement of a partici-
pant with an employer that has violated clause
(i), (ii), or (iii);
‘‘(cc) where applicable, reinstatement of
an employee, payment of lost wages and bene-
fits, and reestablishment of other relevant
terms, conditions and privileges of employ-
ment; and
‘‘(dd) where appropriate, other equitable
relief.
‘‘(IV) APPEALS.—
H. R. 2015—339
‘‘(aa) FILING.—Not later than 30 days after
a grievant or complainant receives an adverse
decision under the procedure established
pursuant to subclause (I), the grievant or
complainant may appeal the decision to a
State agency designated by the State which
shall be independent of the State or local
agency that is administering the programs
operated with funds provided under this para-
graph and the State agency administering, or
supervising the administration of, the State
program funded under this part.
‘‘(bb) FINAL
DETERMINATION.—Not later
than 120 days after the State agency des-
ignated under item (aa) receives a grievance
or complaint made under the procedure estab-
lished by a State pursuant to subclause (I),
the State agency shall make a final determina-
tion on the appeal.
‘‘(v) RULE OF INTERPRETATION.—This subparagraph
shall not be construed to affect the authority of a
State to provide or require workers’ compensation.
‘‘(vi) NONPREEMPTION OF STATE LAW.—The provi-
sions of this subparagraph shall not be construed to
preempt any provision of State law that affords greater
protections to employees or to other participants
engaged in work activities under a program funded
under this part than is afforded by such provisions
of this subparagraph.’’.
(2) CONFORMING AMENDMENT.—Section 409(a)(7)(B)(iv) of
such Act (42 U.S.C. 609(a)(7)(B)(iv)) is amended to read as
follows:
‘‘(iv) EXPENDITURES
BY
THE
STATE.—The term
‘expenditures by the State’ does not include—
‘‘(I) any expenditure from amounts made avail-
able by the Federal Government;
‘‘(II) any State funds expended for the medic-
aid program under title XIX;
‘‘(III) any State funds which are used to match
Federal funds provided under section 403(a)(5);
or
‘‘(IV) any State funds which are expended as
a condition of receiving Federal funds other than
under this part.
Notwithstanding subclause (IV) of the preceding sen-
tence, such term includes expenditures by a State for
child care in a fiscal year to the extent that the total
amount of the expenditures does not exceed the amount
of State expenditures in fiscal year 1994 or 1995
(whichever is the greater) that equal the non-Federal
share 
for 
the 
programs 
described 
in 
section
418(a)(1)(A).’’.
(b) GRANTS TO OUTLYING AREAS.—Section 1108(a)(2) (42 U.S.C.
1308(a)(2)), as amended by section 5512(a) of this Act, is amended
by inserting ‘‘403(a)(5),’’ after ‘‘403(a)(4),’’.
(c) GRANTS TO INDIAN TRIBES.—Section 412(a) (42 U.S.C. 612(a))
is amended by adding at the end the following:
H. R. 2015—340
‘‘(3) WELFARE-TO-WORK GRANTS.—
‘‘(A) IN GENERAL.—The Secretary of Labor shall award
a grant in accordance with this paragraph to an Indian
tribe for each fiscal year specified in section 403(a)(5)(I)
for which the Indian tribe is a welfare-to-work tribe, in
such amount as the Secretary of Labor deems appropriate,
subject to subparagraph (B) of this paragraph.
‘‘(B) WELFARE-TO-WORK TRIBE.—An Indian tribe shall
be considered a welfare-to-work tribe for a fiscal year for
purposes of this paragraph if the Indian tribe meets the
following requirements:
‘‘(i) The Indian tribe has submitted to the Secretary
of Labor a plan which describes how, consistent with
section 403(a)(5), the Indian tribe will use any funds
provided under this paragraph during the fiscal year.
If the Indian tribe has a tribal family assistance plan,
the plan referred to in the preceding sentence shall
be in the form of an addendum to the tribal family
assistance plan.
‘‘(ii) The Indian tribe is operating a program under
a tribal family assistance plan approved by the Sec-
retary of Health and Human Services, a program
described in paragraph (2)(C), or an employment pro-
gram funded through other sources under which
substantial services are provided to recipients of assist-
ance under a program funded under this part.
‘‘(iii) The Indian tribe has provided the Secretary
of Labor with an estimate of the amount that the
Indian tribe intends to expend during the fiscal year
(excluding tribal expenditures described in section
409(a)(7)(B)(iv) (other than subclause (III) thereof))
pursuant to this paragraph.
‘‘(iv) The Indian tribe has agreed to negotiate in
good faith with the Secretary of Health and Human
Services with respect to the substance and funding
of any evaluation under section 413(j), and to cooperate
with the conduct of any such evaluation.
‘‘(C) LIMITATIONS ON USE OF FUNDS.—
‘‘(i) IN GENERAL.—Section 403(a)(5)(C) shall apply
to funds provided to Indian tribes under this paragraph
in the same manner in which such section applies
to funds provided under section 403(a)(5).
‘‘(ii) WAIVER AUTHORITY.—The Secretary of Labor
may waive or modify the application of a provision
of section 403(a)(5)(C) (other than clause (vii) thereof)
with respect to an Indian tribe to the extent necessary
to enable the Indian tribe to operate a more efficient
or effective program with the funds provided under
this paragraph.
‘‘(iii) REGULATIONS.—Within 90 days after the date
of the enactment of this paragraph, the Secretary of
Labor, after consultation with the Secretary of Health
and Human Services and the Secretary of Housing
and Urban Development, shall prescribe such regula-
tions as may be necessary to implement this para-
graph.’’.
H. R. 2015—342
‘‘(i) the total number of such families and individ-
uals; and
‘‘(ii) the number of such families and individuals
whose participation in such a program was terminated
during a month.’’’ and
(6) in paragraph (7), by inserting ‘‘, and shall consult with
the Secretary of Labor in defining the data elements with
respect to programs operated with funds provided under section
403(a)(5)’’ before the period.
(f) EVALUATIONS.—Section 413 (42 U.S.C. 613) is amended by
adding at the end the following:
‘‘(j) EVALUATION OF WELFARE-TO-WORK PROGRAMS.—
‘‘(1) EVALUATION.—The Secretary, in consultation with the
Secretary of Labor and the Secretary of Housing and Urban
Development—
‘‘(A) shall develop a plan to evaluate how grants made
under sections 403(a)(5) and 412(a)(3) have been used;
‘‘(B) may evaluate the use of such grants by such
grantees as the Secretary deems appropriate, in accordance
with an agreement entered into with the grantees after
good-faith negotiations; and
‘‘(C) is urged to include the following outcome measures
in the plan developed under subparagraph (A):
‘‘(i) Placements in unsubsidized employment, and
placements in unsubsidized employment that last for
at least 6 months.
‘‘(ii) Placements in the private and public sectors.
‘‘(iii) Earnings of individuals who obtain employ-
ment.
‘‘(iv) Average expenditures per placement.
‘‘(2) REPORTS TO THE CONGRESS.—
‘‘(A) IN GENERAL.—Subject to subparagraphs (B) and
(C), the Secretary, in consultation with the Secretary of
Labor and the Secretary of Housing and Urban Develop-
ment, shall submit to the Congress reports on the projects
funded under section 403(a)(5) and 412(a)(3) and on the
evaluations of the projects.
‘‘(B) INTERIM REPORT.—Not later than January 1, 1999,
the Secretary shall submit an interim report on the matter
described in subparagraph (A).
‘‘(C) FINAL REPORT.—Not later than January 1, 2001,
(or at a later date, if the Secretary informs the Committees
of the Congress with jurisdiction over the subject matter
of the report) the Secretary shall submit a final report
on the matter described in subparagraph (A).’’.
(g) PENALTIES.—
(1) PENALTY FOR FAILURE OF STATE TO MAINTAIN HISTORIC
EFFORT DURING YEAR IN WHICH WELFARE-TO-WORK GRANT IS
RECEIVED.—
(A) IN GENERAL.—Section 409(a) (42 U.S.C. 609(a)) is
amended by adding at the end the following:
‘‘(13) PENALTY FOR FAILURE OF STATE TO MAINTAIN HISTORIC
EFFORT DURING YEAR IN WHICH WELFARE-TO-WORK GRANT IS
RECEIVED.—If a grant is made to a State under section
403(a)(5)(A) for a fiscal year and paragraph (7) of this sub-
section requires the grant payable to the State under section
403(a)(1) to be reduced for the immediately succeeding fiscal
H. R. 2015—343
year, then the Secretary shall reduce the grant payable to
the State under section 403(a)(1) for such succeeding fiscal
year by the amount of the grant made to the State under
section 403(a)(5)(A) for the fiscal year.’’.
(B) INAPPLICABILITY OF GOOD CAUSE EXCEPTION.—Sec-
tion 409(b)(2) of such Act (42 U.S.C. 609(b)(2)), as amended
by section 5506(k) of this Act, is amended by striking
‘‘or (12)’’ and inserting ‘‘(12), or (13)’’.
(C) 
INAPPLICABILITY
OF
CORRECTIVE
COMPLIANCE
PLAN.—Section 409(c)(4) of such Act (42 U.S.C. 609(c)(4)),
as amended by section 5506(m) of this Act, is amended
by striking ‘‘or (12)’’ and inserting ‘‘(12), or (13)’’.
(2) PENALTY FOR MISUSE OF COMPETITIVE WELFARE-TO-WORK
FUNDS.—Section 409(a)(1) of such Act (42 U.S.C. 609(a)(1)) is
amended by adding at the end the following:
‘‘(C) PENALTY FOR MISUSE OF COMPETITIVE WELFARE-
TO-WORK FUNDS.—If the Secretary of Labor finds that an
amount paid to an entity under section 403(a)(5)(B) has
been used in violation of subparagraph (B) or (C) of section
403(a)(5), the entity shall remit to the Secretary of Labor
an amount equal to the amount so used.’’.
(h) CLARIFICATION
THAT
SANCTIONS
AGAINST
RECIPIENTS
UNDER TANF PROGRAM ARE NOT WAGE REDUCTIONS.—
(1) IN GENERAL.—Section 408 (42 U.S.C. 608) is amended—
(A) by redesignating subsections (c) and (d) as sub-
sections (d) and (e), respectively; and
(B) by inserting after subsection (b) the following:
‘‘(c) SANCTIONS AGAINST RECIPIENTS NOT CONSIDERED WAGE
REDUCTIONS.—A penalty imposed by a State against the family
of an individual by reason of the failure of the individual to comply
with a requirement under the State program funded under this
part shall not be construed to be a reduction in any wage paid
to the individual.’’.
(2) RETROACTIVITY.—The amendments made by paragraph
(1) shall take effect as if included in the enactment of section
103(a) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996.
(i) GAO STUDY
OF EFFECT
OF FAMILY VIOLENCE
ON NEED
FOR PUBLIC ASSISTANCE.—
(1) STUDY.—The Comptroller General shall conduct a study
of the effect of family violence on the use of public assistance
programs, and in particular the extent to which family violence
prolongs or increases the need for public assistance.
(2) REPORT.—Within 1 year after the date of the enactment
of this Act, the Comptroller General shall submit to the
Committees on Ways and Means and Education and the
Workforce of the House of Representatives and the Committee
on Finance of the Senate a report that contains the findings
of the study required by paragraph (1).
SEC. 5002. LIMITATION ON AMOUNT OF FEDERAL FUNDS TRANSFER-
ABLE TO TITLE XX PROGRAMS.
(a) IN GENERAL.—Section 404(d) (42 U.S.C. 604(d)) is amend-
ed—
(1) in paragraph (1), by striking ‘‘A State may’’ and insert-
ing ‘‘Subject to paragraph (2), a State may’’; and
(2) by amending paragraph (2) to read as follows:
H. R. 2015—344
‘‘(2) LIMITATION ON AMOUNT TRANSFERABLE TO TITLE XX
PROGRAMS.—A State may use not more than 10 percent of
the amount of any grant made to the State under section
403(a) for a fiscal year to carry out State programs pursuant
to title XX.’’.
(b) RETROACTIVITY.—The amendments made by subsection (a)
of this section shall take effect as if included in the enactment
of section 103(a) of the Personal Responsibility and Work Oppor-
tunity Reconciliation Act of 1996.
SEC. 5003. LIMITATION ON NUMBER OF PERSONS WHO MAY BE TREAT-
ED AS ENGAGED IN WORK BY REASON OF PARTICIPATION
IN EDUCATIONAL ACTIVITIES.
(a) IN GENERAL.—Section 407(c)(2)(D) (42 U.S.C. 607(c)(2)(D))
is amended to read as follows:
‘‘(D) LIMITATION
ON
NUMBER
OF
PERSONS
WHO
MAY
BE TREATED AS ENGAGED IN WORK BY REASON OF PARTICIPA-
TION IN EDUCATIONAL ACTIVITIES.—For purposes of deter-
mining monthly participation rates under paragraphs
(1)(B)(i) and (2)(B) of subsection (b), not more than 30
percent of the number of individuals in all families and
in 2-parent families, respectively, in a State who are treated
as engaged in work for a month may consist of individuals
who are determined to be engaged in work for the month
by reason of participation in vocational educational train-
ing, or (if the month is in fiscal year 2000 or thereafter)
deemed to be engaged in work for the month by reason
of subparagraph (C) of this paragraph.’’.
(b) RETROACTIVITY.—The amendment made by subsection (a)
of this section shall take effect as if included in the enactment
of section 103(a) of the Personal Responsibility and Work Oppor-
tunity Reconciliation Act of 1996.
SEC. 5004. PENALTY FOR FAILURE OF STATE TO REDUCE ASSISTANCE
FOR RECIPIENTS REFUSING WITHOUT GOOD CAUSE TO
WORK.
(a) IN GENERAL.—Section 409(a) (42 U.S.C. 609(a)), as amended
by section 5001(f)(1)(A) of this Act, is amended by adding at the
end the following:
‘‘(14) PENALTY FOR FAILURE TO REDUCE ASSISTANCE FOR
RECIPIENTS REFUSING WITHOUT GOOD CAUSE TO WORK.—
‘‘(A) IN
GENERAL.—If the Secretary determines that
a State to which a grant is made under section 403 in
a fiscal year has violated section 407(e) during the fiscal
year, the Secretary shall reduce the grant payable to the
State under section 403(a)(1) for the immediately succeed-
ing fiscal year by an amount equal to not less than 1
percent and not more than 5 percent of the State family
assistance grant.
‘‘(B) PENALTY BASED ON SEVERITY OF FAILURE.—The
Secretary shall impose reductions under subparagraph (A)
with respect to a fiscal year based on the degree of non-
compliance.’’.
(b) RETROACTIVITY.—The amendment made by subsection (a)
of this section shall take effect as if included in the enactment
of section 103(a) of the Personal Responsibility and Work Oppor-
tunity Reconciliation Act of 1996.
H. R. 2015—345
Subtitle B—Supplemental Security Income
SEC. 5101. EXTENSION OF DEADLINE TO PERFORM CHILDHOOD
DISABILITY REDETERMINATIONS.
Section 211(d)(2) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (Public Law 104–193; 110
Stat. 2190) is amended—
(1) in subparagraph (A)—
(A) in the 1st sentence, by striking ‘‘1 year’’ and insert-
ing ‘‘18 months’’; and
(B) by inserting after the 1st sentence the following:
‘‘Any redetermination required by the preceding sentence
that is not performed before the end of the period described
in the preceding sentence shall be performed as soon as
is practicable thereafter.’’; and
(2) in subparagraph (C), by adding at the end the following:
‘‘Before commencing a redetermination under the 2nd sentence
of subparagraph (A), in any case in which the individual
involved has not already been notified of the provisions of
this paragraph, the Commissioner of Social Security shall notify
the individual involved of the provisions of this paragraph.’’.
SEC. 5102. FEES FOR FEDERAL ADMINISTRATION OF STATE SUPPLE-
MENTARY PAYMENTS.
(a) FEE SCHEDULE.—
(1) OPTIONAL STATE SUPPLEMENTARY PAYMENTS.—
(A) IN
GENERAL.—Section 1616(d)(2)(B) (42 U.S.C.
1382e(d)(2)(B)) is amended—
(i) by striking ‘‘and’’ at the end of clause (iii);
and
(ii) by striking clause (iv) and inserting the follow-
ing:
‘‘(iv) for fiscal year 1997, $5.00;
‘‘(v) for fiscal year 1998, $6.20;
‘‘(vi) for fiscal year 1999, $7.60;
‘‘(vii) for fiscal year 2000, $7.80;
‘‘(viii) for fiscal year 2001, $8.10;
‘‘(ix) for fiscal year 2002, $8.50; and
‘‘(x) for fiscal year 2003 and each succeeding fiscal year—
‘‘(I) the applicable rate in the preceding fiscal year,
increased by the percentage, if any, by which the Consumer
Price Index for the month of June of the calendar year
of the increase exceeds the Consumer Price Index for the
month of June of the calendar year preceding the calendar
year of the increase, and rounded to the nearest whole
cent; or
‘‘(II) such different rate as the Commissioner deter-
mines is appropriate for the State.’’.
(B) CONFORMING
AMENDMENT.—Section 1616(d)(2)(C)
of such Act (42 U.S.C. 1382e(d)(2)(C)) is amended by strik-
ing ‘‘(B)(iv)’’ and inserting ‘‘(B)(x)(II)’’.
(2) MANDATORY STATE SUPPLEMENTARY PAYMENTS.—
(A) IN GENERAL.—Section 212(b)(3)(B)(ii) of Public Law
93–66 (42 U.S.C. 1382 note) is amended—
(i) by striking ‘‘and’’ at the end of subclause (III);
and
H. R. 2015—346
(ii) by striking subclause (IV) and inserting the
following:
‘‘(IV) for fiscal year 1997, $5.00;
‘‘(V) for fiscal year 1998, $6.20;
‘‘(VI) for fiscal year 1999, $7.60;
‘‘(VII) for fiscal year 2000, $7.80;
‘‘(VIII) for fiscal year 2001, $8.10;
‘‘(IX) for fiscal year 2002, $8.50; and
‘‘(X) for fiscal year 2003 and each succeeding fiscal year—
‘‘(aa) the applicable rate in the preceding fiscal year,
increased by the percentage, if any, by which the Consumer
Price Index for the month of June of the calendar year
of the increase exceeds the Consumer Price Index for the
month of June of the calendar year preceding the calendar
year of the increase, and rounded to the nearest whole
cent; or
‘‘(bb) such different rate as the Commissioner deter-
mines is appropriate for the State.’’.
(B) CONFORMING AMENDMENT.—Section 212(b)(3)(B)(iii)
of such Act (42 U.S.C. 1382 note) is amended by striking
‘‘(ii)(IV)’’ and inserting ‘‘(ii)(X)(bb)’’.
(b) USE
OF NEW FEES TO DEFRAY
THE SOCIAL SECURITY
ADMINISTRATION’S ADMINISTRATIVE EXPENSES.—
(1) CREDIT TO SPECIAL FUND FOR FISCAL YEAR 1998 AND
SUBSEQUENT YEARS.—
(A) OPTIONAL STATE SUPPLEMENTARY PAYMENT FEES.—
Section 1616(d)(4) (42 U.S.C. 1382e(d)(4)) is amended to
read as follows:
‘‘(4)(A) The first $5 of each administration fee assessed pursuant
to paragraph (2), upon collection, shall be deposited in the general
fund of the Treasury of the United States as miscellaneous receipts.
‘‘(B) That portion of each administration fee in excess of $5,
and 100 percent of each additional services fee charged pursuant
to paragraph (3), upon collection for fiscal year 1998 and each
subsequent fiscal year, shall be credited to a special fund established
in the Treasury of the United States for State supplementary pay-
ment fees. The amounts so credited, to the extent and in the
amounts provided in advance in appropriations Acts, shall be avail-
able to defray expenses incurred in carrying out this title and
related laws. The amounts so credited shall not be scored as receipts
under section 252 of the Balanced Budget and Emergency Deficit
Control Act of 1985, and the amounts so credited shall be credited
as a discretionary offset to discretionary spending to the extent
that the amounts so credited are made available for expenditure
in appropriations Acts.’’.
(B) MANDATORY
STATE
SUPPLEMENTARY
PAYMENT
FEES.—Section 212(b)(3)(D) of Public Law 93–66 (42 U.S.C.
1382 note) is amended to read as follows:
‘‘(D)(i) The first $5 of each administration fee assessed pursuant
to subparagraph (B), upon collection, shall be deposited in the
general fund of the Treasury of the United States as miscellaneous
receipts.
‘‘(ii) The portion of each administration fee in excess of $5,
and 100 percent of each additional services fee charged pursuant
to subparagraph (C), upon collection for fiscal year 1998 and each
subsequent fiscal year, shall be credited to a special fund established
H. R. 2015—347
in the Treasury of the United States for State supplementary pay-
ment fees. The amounts so credited, to the extent and in the
amounts provided in advance in appropriations Acts, shall be avail-
able to defray expenses incurred in carrying out this section and
title XVI of the Social Security Act and related laws. The amounts
so credited shall not be scored as receipts under section 252 of
the Balanced Budget and Emergency Deficit Control Act of 1985,
and the amounts so credited shall be credited as a discretionary
offset to discretionary spending to the extent that the amounts
so credited are made available for expenditure in appropriations
Acts.’’.
(2) LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.—
From amounts credited pursuant to section 1616(d)(4)(B) of
the Social Security Act and section 212(b)(3)(D)(ii) of Public
Law 93–66 to the special fund established in the Treasury
of the United States for State supplementary payment fees,
there is authorized to be appropriated an amount not to exceed
$35,000,000 for fiscal year 1998, and such sums as may be
necessary for each fiscal year thereafter.
Subtitle C—Child Support Enforcement
SEC. 5201. CLARIFICATION OF AUTHORITY TO PERMIT CERTAIN RE-
DISCLOSURES OF WAGE AND CLAIM INFORMATION.
Section 303(h)(1)(C) (42 U.S.C. 503(h)(1)(C)) is amended by
striking ‘‘section 453(i)(1) in carrying out the child support enforce-
ment program under title IV’’ and inserting ‘‘subsections (i)(1),
(i)(3), and (j) of section 453’’.
Subtitle D—Restricting Welfare and Public
Benefits for Aliens
SEC. 5301. SSI ELIGIBILITY FOR ALIENS RECEIVING SSI ON AUGUST
22, 1996, AND DISABLED ALIENS LAWFULLY RESIDING IN
THE UNITED STATES ON AUGUST 22, 1996.
(a) SSI ELIGIBILITY FOR ALIENS RECEIVING SSI ON AUGUST
22, 1996.—Section 402(a)(2) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)) is
amended by adding after subparagraph (D) the following new
subparagraph:
‘‘(E) ALIENS RECEIVING SSI ON AUGUST 22, 1996.—With
respect to eligibility for benefits for the program defined
in paragraph (3)(A) (relating to the supplemental security
income program), paragraph (1) shall not apply to an alien
who is lawfully residing in the United States and who
was receiving such benefits on August 22, 1996.’’.
(b) SSI ELIGIBILITY FOR DISABLED ALIENS LAWFULLY RESIDING
IN THE UNITED STATES ON AUGUST 22, 1996.—Section 402(a)(2) of
the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (8 U.S.C. 1612(a)(2)) is amended by adding at the
end the following:
‘‘(F) DISABLED
ALIENS
LAWFULLY
RESIDING
IN
THE
UNITED STATES ON AUGUST 22, 1996.—With respect to eligi-
bility for benefits for the program defined in paragraph
H. R. 2015—348
(3)(A) (relating to the supplemental security income pro-
gram), paragraph (1) shall not apply to an alien who—
‘‘(i) was lawfully residing in the United States
on August 22, 1996; and
‘‘(ii) is blind or disabled, as defined in section
1614(a)(2) or 1614(a)(3) of the Social Security Act (42
U.S.C. 1382c(a)(3)).’’.
(c) EXTENSION OF GRANDFATHER PROVISION RELATING TO SSI
ELIGIBILITY.—Section 402(a)(2)(D)(i) of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1612(a)(2)(D)(i)) is amended—
(1) in subclause (I), by striking ‘‘September 30, 1997,’’ and
inserting ‘‘September 30, 1998,’’; and
(2) in subclause (III), by striking ‘‘September 30, 1997,’’
and inserting ‘‘September 30, 1998’’.
SEC. 5302. EXTENSION OF ELIGIBILITY PERIOD FOR REFUGEES AND
CERTAIN OTHER QUALIFIED ALIENS FROM 5 TO 7 YEARS
FOR SSI AND MEDICAID; STATUS OF CUBAN AND HAITIAN
ENTRANTS.
(a) SSI.—Section 402(a)(2)(A) of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1612(a)(2)(A)) is amended to read as follows:
‘‘(A) TIME-LIMITED
EXCEPTION
FOR
REFUGEES
AND
ASYLEES.—
‘‘(i) SSI.—With respect to the specified Federal
program described in paragraph (3)(A), paragraph (1)
shall not apply to an alien until 7 years after the
date—
‘‘(I) an alien is admitted to the United States
as a refugee under section 207 of the Immigration
and Nationality Act;
‘‘(II) an alien is granted asylum under section
208 of such Act;
‘‘(III) an alien’s deportation is withheld under
section 243(h) of such Act; or
‘‘(IV) an alien is granted status as a Cuban
and Haitian entrant (as defined in section 501(e)
of the Refugee Education Assistance Act of 1980).
‘‘(ii) FOOD STAMPS.—With respect to the specified
Federal program described in paragraph (3)(B), para-
graph (1) shall not apply to an alien until 5 years
after the date—
‘‘(I) an alien is admitted to the United States
as a refugee under section 207 of the Immigration
and Nationality Act;
‘‘(II) an alien is granted asylum under section
208 of such Act;
‘‘(III) an alien’s deportation is withheld under
section 243(h) of such Act; or
‘‘(IV) an alien is granted status as a Cuban
and Haitian entrant (as defined in section 501(e)
of the Refugee Education Assistance Act of 1980).’’.
(b) MEDICAID.—Section 402(b)(2)(A) of the Personal Responsibil-
ity and Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1612(b)(2)(A)) is amended to read as follows:
H. R. 2015—349
‘‘(A) TIME-LIMITED
EXCEPTION
FOR
REFUGEES
AND
ASYLEES.—
‘‘(i) MEDICAID.—With respect to the designated
Federal program described in paragraph (3)(C), para-
graph (1) shall not apply to an alien until 7 years
after the date—
‘‘(I) an alien is admitted to the United States
as a refugee under section 207 of the Immigration
and Nationality Act;
‘‘(II) an alien is granted asylum under section
208 of such Act;
‘‘(III) an alien’s deportation is withheld under
section 243(h) of such Act; or
‘‘(IV) an alien is granted status as a Cuban
and Haitian entrant (as defined in section 501(e)
of the Refugee Education Assistance Act of 1980).
‘‘(ii) OTHER
DESIGNATED
FEDERAL
PROGRAMS.—
With respect to the designated Federal programs under
paragraph (3) (other than subparagraph (C)), para-
graph (1) shall not apply to an alien until 5 years
after the date—
‘‘(I) an alien is admitted to the United States
as a refugee under section 207 of the Immigration
and Nationality Act;
‘‘(II) an alien is granted asylum under section
208 of such Act;
‘‘(III) an alien’s deportation is withheld under
section 243(h) of such Act; or
‘‘(IV) an alien is granted status as a Cuban
and Haitian entrant (as defined in section 501(e)
of the Refugee Education Assistance Act of 1980).’’.
(c) STATUS OF CUBAN AND HAITIAN ENTRANTS.—
(1) FEDERAL MEANS-TESTED PUBLIC BENEFITS.—
(A) Section 403(b)(1) of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1613(b)(1)) is amended by adding at the end the following
new subparagraph:
‘‘(D) An alien who is a Cuban and Haitian entrant
as defined in section 501(e) of the Refugee Education Assist-
ance Act of 1980.’’.
(B) Section 403 of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1613) is amended by striking subsection (d).
(2) STATE PUBLIC BENEFITS.—Section 412(b)(1) of the Per-
sonal Responsibility and Work Opportunity Reconciliation Act
of 1996 (8 U.S.C. 1622(b)(1)) is amended by adding at the
end the following new subparagraph:
‘‘(D) An alien who is a Cuban and Haitian entrant
as defined in section 501(e) of the Refugee Education Assist-
ance Act of 1980 until 5 years after the alien is granted
such status.’’.
(3) QUALIFIED ALIEN DEFINED.—Section 431(b) of the Per-
sonal Responsibility and Work Opportunity Reconciliation Act
of 1996 (8 U.S.C. 1641(b)) is amended—
(A) in paragraph (5) by striking ‘‘or’’;
(B) in paragraph (6) by striking the period and insert-
ing ‘‘; or’’; and
H. R. 2015—350
(C) by adding at the end the following new paragraph:
‘‘(7) an alien who is a Cuban and Haitian entrant (as
defined in section 501(e) of the Refugee Education Assistance
Act of 1980).’’.
SEC. 5303. EXCEPTIONS FOR CERTAIN INDIANS FROM LIMITATION ON
ELIGIBILITY FOR SUPPLEMENTAL SECURITY INCOME
AND MEDICAID BENEFITS.
(a) EXCEPTION FROM LIMITATION ON SSI ELIGIBILITY.—Section
402(a)(2) of the Personal Responsibility and Work Opportunity Rec-
onciliation Act of 1996 (8 U.S.C. 1612(a)(2)) is amended by adding
at the end the following:
‘‘(G) SSI 
EXCEPTION
FOR
CERTAIN
INDIANS.—With
respect to eligibility for benefits for the program defined
in paragraph (3)(A) (relating to the supplemental security
income program), section 401(a) and paragraph (1) shall
not apply to any individual—
‘‘(i) who is an American Indian born in Canada
to whom the provisions of section 289 of the Immigra-
tion and Nationality Act (8 U.S.C. 1359) apply; or
‘‘(ii) who is a member of an Indian tribe (as defined
in section 4(e) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b(e))).’’.
(b) EXCEPTION FROM LIMITATION ON MEDICAID ELIGIBILITY.—
Section 402(b)(2) of the Personal Responsibility and Work Oppor-
tunity Reconciliation Act of 1996 (8 U.S.C. 1612(b)(2)) is amended
by inserting at the end the following:
‘‘(E) MEDICAID EXCEPTION FOR CERTAIN INDIANS.—With
respect to eligibility for benefits for the program defined
in paragraph (3)(C) (relating to the medicaid program),
section 401(a) and paragraph (1) shall not apply to any
individual described in subsection (a)(2)(G).’’.
(c) SSI AND MEDICAID EXCEPTIONS FROM LIMITATION ON ELIGI-
BILITY OF NEW ENTRANTS.—Section 403 of the Personal Responsibil-
ity and Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1613) is amended by adding after subsection (c) the following new
subsection:
‘‘(d) SSI AND MEDICAID BENEFITS FOR CERTAIN INDIANS.—Not-
withstanding any other provision of law, the limitations under
section 401(a) and subsection (a) shall not apply to an individual
described in section 402(a)(2)(G), but only with respect to the pro-
grams specified in subsections (a)(3)(A) and (b)(3)(C) of section
402.’’.
SEC. 5304. EXEMPTION FROM RESTRICTION ON SUPPLEMENTAL SECU-
RITY INCOME PROGRAM PARTICIPATION BY CERTAIN
RECIPIENTS ELIGIBLE ON THE BASIS OF VERY OLD
APPLICATIONS.
Section 402(a)(2) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)) is
amended by adding at the end the following:
‘‘(H) SSI EXCEPTION FOR CERTAIN RECIPIENTS ON THE
BASIS OF VERY OLD APPLICATIONS.—With respect to eligi-
bility for benefits for the program defined in paragraph
(3)(A) (relating to the supplemental security income pro-
gram), paragraph (1) shall not apply to any individual—
H. R. 2015—351
‘‘(i) who is receiving benefits under such program
for months after July 1996 on the basis of an applica-
tion filed before January 1, 1979; and
‘‘(ii) with respect to whom the Commissioner of
Social Security lacks clear and convincing evidence
that such individual is an alien ineligible for such
benefits as a result of the application of this section.’’.
SEC. 5305. REINSTATEMENT OF ELIGIBILITY FOR BENEFITS.
(a) FOOD STAMPS.—The Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 is amended by adding after
section 435 the following new section:
‘‘SEC. 436. DERIVATIVE ELIGIBILITY FOR BENEFITS.
‘‘Notwithstanding any other provision of law, an alien who
under the provisions of this title is ineligible for benefits under
the food stamp program (as defined in section 402(a)(3)(B)) shall
not be eligible for such benefits because the alien receives benefits
under the supplemental security income program (as defined in
section 402(a)(3)(A)).’’.
(b) MEDICAID.—Section 402(b)(2) of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1612(b)(2)) is amended by adding at the end the following:
‘‘(F) MEDICAID EXCEPTION FOR ALIENS RECEIVING SSI.—
An alien who is receiving benefits under the program
defined in subsection (a)(3)(A) (relating to the supplemental
security income program) shall be eligible for medical
assistance under a State plan under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.) under the same terms
and conditions that apply to other recipients of benefits
under the program defined in such subsection.’’.
(c) CLERICAL AMENDMENT.—The table of sections as contained
in section 2 of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 is amended by adding after the item
relating to section 435 the following:
‘‘Sec. 436. Derivative eligibility for benefits.’’.
SEC. 5306. TREATMENT OF CERTAIN AMERASIAN IMMIGRANTS AS
REFUGEES.
(a) FOR
PURPOSES
OF
SSI 
AND
FOOD
STAMPS.—Section
402(a)(2)(A) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)(A)) as amended
by section 5302 is amended—
(1) in clause (i)—
(A) by striking ‘‘or’’ at the end of subclause (III);
(B) by striking the period at the end of subclause
(IV) and inserting ‘‘; or’’; and
(C) by adding at the end the following:
‘‘(V) an alien is admitted to the United States
as an Amerasian immigrant pursuant to section
584 of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1988
(as contained in section 101(e) of Public Law 100–
202 and amended by the 9th proviso under MIGRA-
TION AND REFUGEE ASSISTANCE in title II of the
Foreign Operations, Export Financing, and Related