569
(b) OPERATION
OF FEDERAL PARENT LOCATOR
SERVICE.—Section 453 (42 U.S.C. 653), as amended by
section 4316 of this Act, is amended by adding at the end
the following new subsection:
‘‘(o) RECOVERY OF COSTS.—Out of any money in the
Treasury of the United States not otherwise appropriated,
there is hereby appropriated to the Secretary for each fis-
cal year an amount equal to 2 percent of the total amount
paid to the Federal Government pursuant to section
457(a) during the immediately preceding fiscal year (as
determined on the basis of the most recent reliable data
available to the Secretary as of the end of the 3rd calendar
quarter following the end of such preceding fiscal year),
to cover costs incurred by the Secretary for operation of
the Federal Parent Locator Service under this section, to
the extent such costs are not recovered through user
fees.’’.
SEC. 4346. REPORTS AND DATA COLLECTION BY THE SEC-
RETARY.
(a) ANNUAL REPORT TO CONGRESS.—
(1) 
Section 
452(a)(10)(A) 
(42 
U.S.C.
652(a)(10)(A)) is amended—
(A) by striking ‘‘this part;’’ and inserting
‘‘this part, including—’’; and
570
(B) by adding at the end the following new
clauses:
‘‘(i) the total amount of child support
payments collected as a result of services
furnished during the fiscal year to individ-
uals receiving services under this part;
‘‘(ii) the cost to the States and to the
Federal Government of so furnishing the
services; and
‘‘(iii) the number of cases involving
families—
‘‘(I) who became ineligible for as-
sistance under State programs funded
under part A during a month in the
fiscal year; and
‘‘(II) with respect to whom a
child support payment was received in
the month;’’.
(2) 
Section 
452(a)(10)(C) 
(42 
U.S.C.
652(a)(10)(C)) is amended—
(A) in the matter preceding clause (i)—
(i) by striking ‘‘with the data required
under each clause being separately stated
for cases’’ and inserting ‘‘separately stated
for cases’’;
571
(ii) by striking ‘‘cases where the child
was formerly receiving’’ and inserting ‘‘or
formerly received’’;
(iii) by inserting ‘‘or 1912’’ after
‘‘471(a)(17)’’; and
(iv) by inserting ‘‘for’’ before ‘‘all
other’’;
(B) in each of clauses (i) and (ii), by strik-
ing ‘‘, and the total amount of such obliga-
tions’’;
(C) in clause (iii), by striking ‘‘described
in’’ and all that follows and inserting ‘‘in which
support was collected during the fiscal year;’’;
(D) by striking clause (iv); and
(E) by redesignating clause (v) as clause
(vii), and inserting after clause (iii) the follow-
ing new clauses:
‘‘(iv) the total amount of support col-
lected during such fiscal year and distrib-
uted as current support;
‘‘(v) the total amount of support col-
lected during such fiscal year and distrib-
uted as arrearages;
‘‘(vi) the total amount of support due
and unpaid for all fiscal years; and’’.
572
(3) 
Section 
452(a)(10)(G) 
(42 
U.S.C.
652(a)(10)(G)) is amended by striking ‘‘on the use
of Federal courts and’’.
(4) Section 452(a)(10) (42 U.S.C. 652(a)(10))
is amended—
(A) in subparagraph (H), by striking
‘‘and’’;
(B) in subparagraph (I), by striking the
period and inserting ‘‘; and’’; and
(C) by inserting after subparagraph (I) the
following new subparagraph:
‘‘(J) compliance, by State, with the stand-
ards established pursuant to subsections (h)
and (i).’’.
(5) Section 452(a)(10) (42 U.S.C. 652(a)(10))
is amended by striking ‘‘The information contained
in any such report under subpargraph (A)’’ and all
that follows through ‘‘the State plan approved under
part A.’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall be effective with respect to fiscal year
1997 and succeeding fiscal years.
573
SEC. 4347. CHILD SUPPORT DELINQUENCY PENALTY.
Section 454 (42 U.S.C. 654), as amended by sections
4301(b), 4303(a), 4312(a), 4313(a), 4333, and 4343(b)
of this Act, is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(29);
(2) by striking the period at the end of para-
graph (30) and inserting ‘‘; and’’; and
(3) by adding after paragraph (30) the follow-
ing new paragraph:
‘‘(31) provide that the State shall have in effect
such laws and procedures as may be necessary to en-
sure that—
‘‘(A) any person who, at the end of any
calendar year, is delinquent in the payment of
child support is civilly liable to the State for a
penalty in an amount equal to 10 percent of the
amount of the delinquency (excluding any delin-
quency of the person with respect to which a
penalty has been imposed pursuant to this
paragraph for a prior calendar year); and
‘‘(B) the State shall apply amounts col-
lected from a person described in subparagraph
(A) to the payment of penalties imposed pursu-
ant to subparagraph (A), after all child support
delinquencies of the person have been extin-
574
guished and the person has repaid the State for
all public assistance provided to the person
owed such support, and shall remit to the Fed-
eral Government an amount equal to 50 percent
of the amount applied to the payment of such
penalties.’’
CHAPTER 6—ESTABLISHMENT AND
MODIFICATION OF SUPPORT ORDERS
SEC. 4351. SIMPLIFIED PROCESS FOR REVIEW AND ADJUST-
MENT OF CHILD SUPPORT ORDERS.
Section 466(a)(10) (42 U.S.C. 666(a)(10)) is amend-
ed to read as follows:
‘‘(10) REVIEW AND ADJUSTMENT OF SUPPORT
ORDERS UPON REQUEST.—
‘‘(A) IN
GENERAL.—Procedures under
which—
‘‘(i) upon the request of either parent,
the State shall review and, as appropriate,
adjust each support order being enforced
under this part, taking into account the
best interests of the child involved; and
‘‘(ii) upon the State’s own initiative,
the State may review and, if appropriate,
adjust any support order being enforced
under this part with respect to which there
575
is an assignment under part A, taking into
account the best interests of the child in-
volved.Such procedures shall provide the
following:
‘‘(B) METHODS
OF
ADJUSTMENT.—Such
procedures shall provide that the State may
elect to review and, if appropriate, adjust an
order—
‘‘(i) by reviewing and, if appropriate,
adjusting the order in accordance with the
guidelines established pursuant to section
467(a) if the amount of the child support
award under the order differs from the
amount that would be awarded in accord-
ance with the guidelines;
‘‘(ii) by applying a cost-of-living ad-
justment to the order in accordance with a
formula developed by the State and permit
either party to contest the adjustment,
within 30 days after the date of the notice
of the adjustment, by making a request for
review and, if appropriate, adjustment of
the order in accordance with the child sup-
port guidelines established pursuant to sec-
tion 467(a); or
576
‘‘(iii) by using automated methods
(including automated comparisons with
wage or State income tax data) to identify
orders eligible for review, conduct the re-
view, identify orders eligible for adjust-
ment, and apply the appropriate adjust-
ment to the orders eligible for adjustment
under the threshold established by the
State.
‘‘(C) NO
PROOF
OF
CHANGE
IN
CIR-
CUMSTANCES
NECESSARY.—Such procedures
shall provide that any adjustment under this
paragraph shall be made without a requirement
for proof or showing of a change in cir-
cumstances.
‘‘(D) NOTICE
OF
RIGHT
TO
REVIEW.—
Such procedures shall require the State to pro-
vide notice not less than once every 3 years to
the parents subject to an order being enforced
under this part informing them of their right to
request the State to review and, if appropriate,
adjust the order pursuant to this paragraph.
The notice may be included in the order.’’.
577
SEC. 4352. FURNISHING CONSUMER REPORTS FOR CER-
TAIN PURPOSES RELATING TO CHILD SUP-
PORT.
Section 604 of the Fair Credit Reporting Act (15
U.S.C. 1681b) is amended by adding at the end the follow-
ing new paragraphs:
‘‘(4) In response to a request by the head of a State
or local child support enforcement agency (or a State or
local government official authorized by the head of such
an agency), if the person making the request certifies to
the consumer reporting agency that—
‘‘(A) the consumer report is needed for the pur-
pose of establishing an individual’s capacity to make
child support payments or determining the appro-
priate level of such payments;
‘‘(B) the paternity of the consumer for the child
to which the obligation relates has been established
or acknowledged by the consumer in accordance with
State laws under which the obligation arises (if re-
quired by those laws);
‘‘(C) the person has provided at least 10 days’
prior notice to the consumer whose report is re-
quested, by certified or registered mail to the last
known address of the consumer, that the report will
be requested; and
578
‘‘(D) the consumer report will be kept confiden-
tial, will be used solely for a purpose described in
subparagraph (A), and will not be used in connec-
tion with any other civil, administrative, or criminal
proceeding, or for any other purpose.
‘‘(5) To an agency administering a State plan under
section 454 of the Social Security Act (42 U.S.C. 654)
for use to set an initial or modified child support award.’’.
SEC. 4353. NONLIABILITY FOR FINANCIAL INSTITUTIONS
PROVIDING FINANCIAL RECORDS TO STATE
CHILD SUPPORT ENFORCEMENT AGENCIES
IN CHILD SUPPORT CASES.
Part D of title IV (42 U.S.C. 651–669) is amended
by adding at the end the following:
‘‘SEC. 469A. NONLIABILITY FOR FINANCIAL INSTITUTIONS
PROVIDING FINANCIAL RECORDS TO STATE
CHILD SUPPORT ENFORCEMENT AGENCIES
IN CHILD SUPPORT CASES.
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of Federal or State law, a financial institution shall
not be liable under any Federal or State law to any person
for disclosing any financial record of an individual to a
State child support enforcement agency attempting to es-
tablish, modify, or enforce a child support obligation of
such individual.
579
‘‘(b) PROHIBITION OF DISCLOSURE OF FINANCIAL
RECORD OBTAINED
BY STATE CHILD SUPPORT EN-
FORCEMENT AGENCY.—A State child support enforcement
agency which obtains a financial record of an individual
from a financial institution pursuant to subsection (a)
may disclose such financial record only for the purpose
of, and to the extent necessary in, establishing, modifying,
or enforcing a child support obligation of such individual.
‘‘(c) CIVIL DAMAGES FOR UNAUTHORIZED DISCLO-
SURE.—
‘‘(1) DISCLOSURE BY STATE OFFICER OR EM-
PLOYEE.—If any person knowingly, or by reason of
negligence, discloses a financial record of an individ-
ual in violation of subsection (b), such individual
may bring a civil action for damages against such
person in a district court of the United States.
‘‘(2) NO LIABILITY FOR GOOD FAITH BUT ER-
RONEOUS INTERPRETATION.—No liability shall arise
under this subsection with respect to any disclosure
which results from a good faith, but erroneous, in-
terpretation of subsection (b).
‘‘(3) DAMAGES.—In any action brought under
paragraph (1), upon a finding of liability on the part
of the defendant, the defendant shall be liable to the
plaintiff in an amount equal to the sum of—
581
‘‘(C) any Federal credit union or State
credit union, as defined in section 101 of the
Federal Credit Union Act (12 U.S.C. 1752), in-
cluding an institution-affiliated party of such a
credit union, as defined in section 206(r) of
such Act (12 U.S.C. 1786(r)); and
‘‘(D) any benefit association, insurance
company, safe deposit company, money-market
mutual fund, or similar entity authorized to do
business in the State.
‘‘(2) FINANCIAL RECORD.—The term ‘financial
record’ has the meaning given such term in section
1101 of the Right to Financial Privacy Act of 1978
(12 U.S.C. 3401).’’.
CHAPTER 7—ENFORCEMENT OF SUPPORT
ORDERS
SEC. 4361. INTERNAL REVENUE SERVICE COLLECTION OF
ARREARAGES.
(a) COLLECTION OF FEES.—Section 6305(a) of the
Internal Revenue Code of 1986 (relating to collection of
certain liability) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(3);
(2) by striking the period at the end of para-
graph (4) and inserting ‘‘, and’’;
582
(3) by adding at the end the following new
paragraph:
‘‘(5) no additional fee may be assessed for ad-
justments to an amount previously certified pursu-
ant to such section 452(b) with respect to the same
obligor.’’; and
(4) by striking ‘‘Secretary of Health, Edu-
cation, and Welfare’’ each place it appears and in-
serting ‘‘Secretary of Health and Human Services’’.
(b) EFFECTIVE DATE.—The amendments made by
this section shall become effective October 1, 1997.
SEC. 4362. AUTHORITY TO COLLECT SUPPORT FROM FED-
ERAL EMPLOYEES.
(a) CONSOLIDATION
AND STREAMLINING
OF AU-
THORITIES.—Section 459 (42 U.S.C. 659) is amended to
read as follows:
‘‘SEC. 459. CONSENT BY THE UNITED STATES TO INCOME
WITHHOLDING, GARNISHMENT, AND SIMILAR
PROCEEDINGS FOR ENFORCEMENT OF CHILD
SUPPORT AND ALIMONY OBLIGATIONS.
‘‘(a) CONSENT TO SUPPORT ENFORCEMENT.—Not-
withstanding any other provision of law (including section
207 of this Act and section 5301 of title 38, United States
Code), effective January 1, 1975, moneys (the entitlement
to which is based upon remuneration for employment) due
583
from, or payable by, the United States or the District of
Columbia (including any agency, subdivision, or instru-
mentality thereof) to any individual, including members
of the Armed Forces of the United States, shall be subject,
in like manner and to the same extent as if the United
States or the District of Columbia were a private person,
to withholding in accordance with State law enacted pur-
suant to subsections (a)(1) and (b) of section 466 and reg-
ulations of the Secretary under such subsections, and to
any other legal process brought, by a State agency admin-
istering a program under a State plan approved under this
part or by an individual obligee, to enforce the legal obliga-
tion of the individual to provide child support or alimony.
‘‘(b) CONSENT TO REQUIREMENTS APPLICABLE TO
PRIVATE PERSON.—With respect to notice to withhold in-
come pursuant to subsection (a)(1) or (b) of section 466,
or any other order or process to enforce support obliga-
tions against an individual (if the order or process con-
tains or is accompanied by sufficient data to permit
prompt identification of the individual and the moneys in-
volved), each governmental entity specified in subsection
(a) shall be subject to the same requirements as would
apply if the entity were a private person, except as other-
wise provided in this section.
584
‘‘(c) DESIGNATION OF AGENT; RESPONSE TO NOTICE
OR PROCESS—
‘‘(1) DESIGNATION OF AGENT.—The head of
each agency subject to this section shall—
‘‘(A) designate an agent or agents to re-
ceive orders and accept service of process in
matters relating to child support or alimony;
and
‘‘(B) annually publish in the Federal Reg-
ister the designation of the agent or agents,
identified by title or position, mailing address,
and telephone number.
‘‘(2) RESPONSE TO NOTICE OR PROCESS.—If an
agent designated pursuant to paragraph (1) of this
subsection receives notice pursuant to State proce-
dures in effect pursuant to subsection (a)(1) or (b)
of section 466, or is effectively served with any
order, process, or interrogatory, with respect to an
individual’s child support or alimony payment obli-
gations, the agent shall—
‘‘(A) as soon as possible (but not later
than 15 days) thereafter, send written notice of
the notice or service (together with a copy of
the notice or service) to the individual at the
585
duty station or last-known home address of the
individual;
‘‘(B) within 30 days (or such longer period
as may be prescribed by applicable State law)
after receipt of a notice pursuant to such State
procedures, comply with all applicable provi-
sions of section 466; and
‘‘(C) within 30 days (or such longer period
as may be prescribed by applicable State law)
after effective service of any other such order,
process, or interrogatory, respond to the order,
process, or interrogatory.
‘‘(d) PRIORITY OF CLAIMS.—If a governmental entity
specified in subsection (a) receives notice or is served with
process, as provided in this section, concerning amounts
owed by an individual to more than 1 person—
‘‘(1) support collection under section 466(b)
must be given priority over any other process, as
provided in section 466(b)(7);
‘‘(2) allocation of moneys due or payable to an
individual among claimants under section 466(b)
shall be governed by section 466(b) and the regula-
tions prescribed under such section; and
‘‘(3) such moneys as remain after compliance
with paragraphs (1) and (2) shall be available to
586
satisfy any other such processes on a first-come,
first-served basis, with any such process being satis-
fied out of such moneys as remain after the satisfac-
tion of all such processes which have been previously
served.
‘‘(e) NO REQUIREMENT TO VARY PAY CYCLES.—A
governmental entity that is affected by legal process
served for the enforcement of an individual’s child support
or alimony payment obligations shall not be required to
vary its normal pay and disbursement cycle in order to
comply with the legal process.
‘‘(f) RELIEF FROM LIABILITY.—
‘‘(1) Neither the United States, nor the govern-
ment of the District of Columbia, nor any disbursing
officer shall be liable with respect to any payment
made from moneys due or payable from the United
States to any individual pursuant to legal process
regular on its face, if the payment is made in ac-
cordance with this section and the regulations issued
to carry out this section.
‘‘(2) No Federal employee whose duties include
taking actions necessary to comply with the require-
ments of subsection (a) with regard to any individ-
ual shall be subject under any law to any discipli-
nary action or civil or criminal liability or penalty
587
for, or on account of, any disclosure of information
made by the employee in connection with the carry-
ing out of such actions.
‘‘(g) REGULATIONS.—Authority to promulgate regu-
lations for the implementation of this section shall, insofar
as this section applies to moneys due from (or payable
by)—
‘‘(1) the United States (other than the legisla-
tive or judicial branches of the Federal Government)
or the government of the District of Columbia, be
vested in the President (or the designee of the Presi-
dent);
‘‘(2) the legislative branch of the Federal Gov-
ernment, be vested jointly in the President pro tem-
pore of the Senate and the Speaker of the House of
Representatives (or their designees), and
‘‘(3) the judicial branch of the Federal Govern-
ment, be vested in the Chief Justice of the United
States (or the designee of the Chief Justice).
‘‘(h) MONEYS SUBJECT TO PROCESS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2),
moneys paid or payable to an individual which are
considered to be based upon remuneration for em-
ployment, for purposes of this section—
‘‘(A) consist of—
588
‘‘(i) compensation paid or payable for
personal services of the individual, whether
the compensation is denominated as wages,
salary, commission, bonus, pay, allowances,
or otherwise (including severance pay, sick
pay, and incentive pay);
‘‘(ii) periodic benefits (including a
periodic benefit as defined in section
228(h)(3)) or other payments—
‘‘(I) under the insurance system
established by title II;
‘‘(II) under any other system or
fund established by the United States
which provides for the payment of
pensions, retirement or retired pay,
annuities, dependents’ or survivors’
benefits, or similar amounts payable
on account of personal services per-
formed by the individual or any other
individual;
‘‘(III) as compensation for death
under any Federal program;
‘‘(IV) under any Federal pro-
gram established to provide ‘black
lung’ benefits; or
589
‘‘(V) by the Secretary of Veter-
ans Affairs as compensation for a
service-connected disability paid by
the Secretary to a former member of
the Armed Forces who is in receipt of
retired or retainer pay if the former
member has waived a portion of the
retired or retainer pay in order to re-
ceive such compensation; and
‘‘(iii) worker’s compensation benefits
paid under Federal or State law but
‘‘(B) do not include any payment—
‘‘(i) by way of reimbursement or oth-
erwise, to defray expenses incurred by the
individual in carrying out duties associated
with the employment of the individual; or
‘‘(ii) as allowances for members of the
uniformed services payable pursuant to
chapter 7 of title 37, United States Code,
as prescribed by the Secretaries concerned
(defined by section 101(5) of such title) as
necessary for the efficient performance of
duty.
‘‘(2) CERTAIN AMOUNTS EXCLUDED.—In deter-
mining the amount of any moneys due from, or pay-
590
able by, the United States to any individual, there
shall be excluded amounts which—
‘‘(A) are owed by the individual to the
United States;
‘‘(B) are required by law to be, and are,
deducted from the remuneration or other pay-
ment involved, including Federal employment
taxes, and fines and forfeitures ordered by
court-martial;
‘‘(C) are properly withheld for Federal,
State, or local income tax purposes, if the with-
holding of the amounts is authorized or re-
quired by law and if amounts withheld are not
greater than would be the case if the individual
claimed all dependents to which he was entitled
(the withholding of additional amounts pursu-
ant to section 3402(i) of the Internal Revenue
Code of 1986 may be permitted only when the
individual presents evidence of a tax obligation
which supports the additional withholding);
‘‘(D) are deducted as health insurance pre-
miums;
‘‘(E) are deducted as normal retirement
contributions (not including amounts deducted
for supplementary coverage); or
591
‘‘(F) are deducted as normal life insurance
premiums from salary or other remuneration
for employment (not including amounts de-
ducted for supplementary coverage).
‘‘(i) DEFINITIONS.—For purposes of this section—
‘‘(1) UNITED
STATES.—The term ‘United
States’ includes any department, agency, or instru-
mentality of the legislative, judicial, or executive
branch of the Federal Government, the United
States Postal Service, the Postal Rate Commission,
any Federal corporation created by an Act of Con-
gress that is wholly owned by the Federal Govern-
ment, and the governments of the territories and
possessions of the United States.
‘‘(2) CHILD SUPPORT.—The term ‘child sup-
port’, when used in reference to the legal obligations
of an individual to provide such support, means
amounts required to be paid under a judgment, de-
cree, or order, whether temporary, final, or subject
to modification, issued by a court or an administra-
tive agency of competent jurisdiction, for the sup-
port and maintenance of a child, including a child
who has attained the age of majority under the law
of the issuing State, or a child and the parent with
whom the child is living, which provides for mone-
592
tary support, health care, arrearages or reimburse-
ment, and which may include other related costs and
fees, interest and penalties, income withholding, at-
torney’s fees, and other relief.
‘‘(3) ALIMONY.—
‘‘(A) IN
GENERAL.—The term ‘alimony’,
when used in reference to the legal obligations
of an individual to provide the same, means
periodic payments of funds for the support and
maintenance of the spouse (or former spouse)
of the individual, and (subject to and in accord-
ance with State law) includes separate mainte-
nance, alimony pendente lite, maintenance, and
spousal support, and includes attorney’s fees,
interest, and court costs when and to the extent
that the same are expressly made recoverable as
such pursuant to a decree, order, or judgment
issued in accordance with applicable State law
by a court of competent jurisdiction.
‘‘(B) EXCEPTIONS.—Such term does not
include—
‘‘(i) any child support; or
‘‘(ii) any payment or transfer of prop-
erty or its value by an individual to the
spouse or a former spouse of the individual
593
in compliance with any community prop-
erty settlement, equitable distribution of
property, or other division of property be-
tween spouses or former spouses.
‘‘(4) PRIVATE PERSON.—The term ‘private per-
son’ means a person who does not have sovereign or
other special immunity or privilege which causes the
person not to be subject to legal process.
‘‘(5) LEGAL PROCESS.—The term ‘legal proc-
ess’ means any writ, order, summons, or other simi-
lar process in the nature of garnishment—
‘‘(A) which is issued by—
‘‘(i) a court or an administrative
agency of competent jurisdiction in any
State, territory, or possession of the Unit-
ed States;
‘‘(ii) a court or an administrative
agency of competent jurisdiction in any
foreign country with which the United
States has entered into an agreement
which requires the United States to honor
the process; or
‘‘(iii) an authorized official pursuant
to an order of such a court or an adminis-
594
trative agency of competent jurisdiction or
pursuant to State or local law; and
‘‘(B) which is directed to, and the purpose
of which is to compel, a governmental entity
which holds moneys which are otherwise pay-
able to an individual to make a payment from
the moneys to another party in order to satisfy
a legal obligation of the individual to provide
child support or make alimony payments.’’.
(b) CONFORMING AMENDMENTS.—
(1) TO PART D OF TITLE IV.—Sections 461 and
462 (42 U.S.C. 661 and 662) are repealed.
(2) TO TITLE 5, UNITED STATES CODE.—Sec-
tion 5520a of title 5, United States Code, is amend-
ed, in subsections (h)(2) and (i), by striking ‘‘sec-
tions 459, 461, and 462 of the Social Security Act
(42 U.S.C. 659, 661, and 662)’’ and inserting ‘‘sec-
tion 459 of the Social Security Act (42 U.S.C.
659)’’.
(c) MILITARY RETIRED AND RETAINER PAY.—
(1) 
DEFINITION
OF
COURT.—Section
1408(a)(1) of title 10, United States Code, is
amended—
(A) by striking ‘‘and’’ at the end of sub-
paragraph (B);
595
(B) by striking the period at the end of
subparagraph (C) and inserting ‘‘; and’’; and
(C) by adding after subparagraph (C) the
following new subparagraph:
‘‘(D) any administrative or judicial tribu-
nal of a State competent to enter orders for
support or maintenance (including a State
agency administering a program under a State
plan approved under part D of title IV of the
Social Security Act), and, for purposes of this
subparagraph, the term ‘State’ includes the
District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, and
American Samoa.’’.
(2) DEFINITION
OF
COURT
ORDER.—Section
1408(a)(2) of such title is amended—
(A) by inserting ‘‘or a support order, as
defined in section 453(p) of the Social Security
Act (42 U.S.C. 653(p)),’’ before ‘‘which—’’;
(B) in subparagraph (B)(i), by striking
‘‘(as defined in section 462(b) of the Social Se-
curity Act (42 U.S.C. 662(b)))’’ and inserting
‘‘(as defined in section 459(i)(2) of the Social
Security Act (42 U.S.C. 659(i)(2)))’’; and
596
(C) in subparagraph (B)(ii), by striking
‘‘(as defined in section 462(c) of the Social Se-
curity Act (42 U.S.C. 662(c)))’’ and inserting
‘‘(as defined in section 459(i)(3) of the Social
Security Act (42 U.S.C. 659(i)(3)))’’.
(3) PUBLIC PAYEE.—Section 1408(d) of such
title is amended—
(A) in the heading, by inserting ‘‘(OR FOR
BENEFIT OF)’’ before ‘‘SPOUSE OR’’; and
(B) in paragraph (1), in the 1st sentence,
by inserting ‘‘(or for the benefit of such spouse
or former spouse to a State disbursement unit
established pursuant to section 454B of the So-
cial Security Act or other public payee des-
ignated by a State, in accordance with part D
of title IV of the Social Security Act, as di-
rected by court order, or as otherwise directed
in accordance with such part D)’’ before ‘‘in an
amount sufficient’’.
(4) RELATIONSHIP TO PART D OF TITLE IV.—
Section 1408 of such title is amended by adding at
the end the following new subsection:
‘‘(j) RELATIONSHIP TO OTHER LAWS.—In any case
involving an order providing for payment of child support
(as defined in section 459(i)(2) of the Social Security Act)
597
by a member who has never been married to the other
parent of the child, the provisions of this section shall not
apply, and the case shall be subject to the provisions of
section 459 of such Act.’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall become effective 6 months after the date
of the enactment of this Act.
SEC. 4363. ENFORCEMENT OF CHILD SUPPORT OBLIGA-
TIONS OF MEMBERS OF THE ARMED FORCES.
(a) AVAILABILITY OF LOCATOR INFORMATION.—
(1) MAINTENANCE
OF
ADDRESS
INFORMA-
TION.—The Secretary of Defense shall establish a
centralized personnel locator service that includes
the address of each member of the Armed Forces
under the jurisdiction of the Secretary. Upon re-
quest of the Secretary of Transportation, addresses
for members of the Coast Guard shall be included in
the centralized personnel locator service.
(2) TYPE OF ADDRESS.—
(A) RESIDENTIAL
ADDRESS.—Except as
provided in subparagraph (B), the address for
a member of the Armed Forces shown in the lo-
cator service shall be the residential address of
that member.
598
(B) DUTY ADDRESS.—The address for a
member of the Armed Forces shown in the loca-
tor service shall be the duty address of that
member in the case of a member—
(i) who is permanently assigned over-
seas, to a vessel, or to a routinely
deployable unit; or
(ii) with respect to whom the Sec-
retary concerned makes a determination
that the member’s residential address
should not be disclosed due to national se-
curity or safety concerns.
(3) UPDATING
OF
LOCATOR
INFORMATION.—
Within 30 days after a member listed in the locator
service establishes a new residential address (or a
new duty address, in the case of a member covered
by paragraph (2)(B)), the Secretary concerned shall
update the locator service to indicate the new ad-
dress of the member.
(4) AVAILABILITY OF INFORMATION.—The Sec-
retary of Defense shall make information regarding
the address of a member of the Armed Forces listed
in the locator service available, on request, to the
Federal Parent Locator Service established under
section 453 of the Social Security Act.
599
(b) FACILITATING GRANTING OF LEAVE FOR AT-
TENDANCE AT HEARINGS.—
(1) REGULATIONS.—The Secretary of each
military department, and the Secretary of Transpor-
tation with respect to the Coast Guard when it is
not operating as a service in the Navy, shall pre-
scribe regulations to facilitate the granting of leave
to a member of the Armed Forces under the juris-
diction of that Secretary in a case in which—
(A) the leave is needed for the member to
attend a hearing described in paragraph (2);
(B) the member is not serving in or with
a unit deployed in a contingency operation (as
defined in section 101 of title 10, United States
Code); and
(C) the exigencies of military service (as
determined by the Secretary concerned) do not
otherwise require that such leave not be grant-
ed.
(2) COVERED HEARINGS.—Paragraph (1) ap-
plies to a hearing that is conducted by a court or
pursuant to an administrative process established
under State law, in connection with a civil action—
(A) to determine whether a member of the
Armed Forces is a natural parent of a child; or
600
(B) to determine an obligation of a mem-
ber of the Armed Forces to provide child sup-
port.
(3) DEFINITIONS.—For purposes of this sub-
section—
(A) The term ‘‘court’’ has the meaning
given that term in section 1408(a) of title 10,
United States Code.
(B) The term ‘‘child support’’ has the
meaning given such term in section 459(i) of
the Social Security Act (42 U.S.C. 659(i)).
(c) PAYMENT OF MILITARY RETIRED PAY IN COM-
PLIANCE WITH CHILD SUPPORT ORDERS.—
(1) DATE
OF
CERTIFICATION
OF
COURT
ORDER.—Section 1408 of title 10, United States
Code, as amended by section 4362(c)(4) of this Act,
is amended—
(A) by redesignating subsections (i) and (j)
as subsections (j) and (k), respectively; and
(B) by inserting after subsection (h) the
following new subsection:
‘‘(i) CERTIFICATION DATE.—It is not necessary that
the date of a certification of the authenticity or complete-
ness of a copy of a court order for child support received
by the Secretary concerned for the purposes of this section
601
be recent in relation to the date of receipt by the Sec-
retary.’’.
(2) PAYMENTS
CONSISTENT
WITH
ASSIGN-
MENTS OF RIGHTS TO STATES.—Section 1408(d)(1)
of such title is amended by inserting after the 1st
sentence the following new sentence: ‘‘In the case of
a spouse or former spouse who, pursuant to section
408(a)(4) of the Social Security Act (42 U.S.C.
608(a)(4)), assigns to a State the rights of the
spouse or former spouse to receive support, the Sec-
retary concerned may make the child support pay-
ments referred to in the preceding sentence to that
State in amounts consistent with that assignment of
rights.’’.
(3) ARREARAGES OWED BY MEMBERS OF THE
UNIFORMED
SERVICES.—Section 1408(d) of such
title is amended by adding at the end the following
new paragraph:
‘‘(6) In the case of a court order for which effective
service is made on the Secretary concerned on or after
the date of the enactment of this paragraph and which
provides for payments from the disposable retired pay of
a member to satisfy the amount of child support set forth
in the order, the authority provided in paragraph (1) to
make payments from the disposable retired pay of a mem-
602
ber to satisfy the amount of child support set forth in a
court order shall apply to payment of any amount of child
support arrearages set forth in that order as well as to
amounts of child support that currently become due.’’.
(4) PAYROLL DEDUCTIONS.—The Secretary of
Defense shall begin payroll deductions within 30
days after receiving notice of withholding, or for the
1st pay period that begins after such 30-day period.
SEC. 4364. VOIDING OF FRAUDULENT TRANSFERS.
Section 466 (42 U.S.C. 666), as amended by section
4321 of this Act, is amended by adding at the end the
following new subsection:
‘‘(g) LAWS VOIDING FRAUDULENT TRANSFERS.—In
order to satisfy section 454(20)(A), each State must have
in effect—
‘‘(1)(A) the Uniform Fraudulent Conveyance
Act of 1981;
‘‘(B) the Uniform Fraudulent Transfer Act of
1984; or
‘‘(C) another law, specifying indicia of fraud
which create a prima facie case that a debtor trans-
ferred income or property to avoid payment to a
child support creditor, which the Secretary finds af-
fords comparable rights to child support creditors;
and
603
‘‘(2) procedures under which, in any case in
which the State knows of a transfer by a child sup-
port debtor with respect to which such a prima facie
case is established, the State must—
‘‘(A) seek to void such transfer; or
‘‘(B) obtain a settlement in the best inter-
ests of the child support creditor.’’.
SEC. 4365. WORK REQUIREMENT FOR PERSONS OWING
PAST-DUE CHILD SUPPORT.
(a) IN
GENERAL.—Section 466(a) (42 U.S.C.
666(a)), as amended by sections 4315, 4317(a), and 4323
of this Act, is amended by inserting after paragraph (14)
the following new paragraph:
‘‘(15) PROCEDURES TO ENSURE THAT PERSONS
OWING PAST-DUE SUPPORT WORK OR HAVE A PLAN
FOR PAYMENT OF SUCH SUPPORT.—
‘‘(A) IN
GENERAL.—Procedures under
which the State has the authority, in any case
in which an individual owes past-due support
with respect to a child receiving assistance
under a State program funded under part A, to
issue an order or to request that a court or an
administrative process established pursuant to
State law issue an order that requires the indi-
vidual to—
604
‘‘(i) pay such support in accordance
with a plan approved by the court, or, at
the option of the State, a plan approved by
the State agency administering the State
program under this part; or
‘‘(ii) if the individual is subject to
such a plan and is not incapacitated, par-
ticipate in such work activities (as defined
in section 407(d)) as the court, or, at the
option of the State, the State agency ad-
ministering the State program under this
part, deems appropriate.
‘‘(B) PAST-DUE SUPPORT DEFINED.—For
purposes of subparagraph (A), the term ‘past-
due support’ means the amount of a delin-
quency, determined under a court order, or an
order of an administrative process established
under State law, for support and maintenance
of a child, or of a child and the parent with
whom the child is living.’’.
(b) CONFORMING
AMENDMENT.—The flush para-
graph at the end of section 466(a) (42 U.S.C.666(a)) is
amended by striking ‘‘and (7)’’ and inserting ‘‘(7), and
(15)’’.
605
SEC. 4366. DEFINITION OF SUPPORT ORDER.
Section 453 (42 U.S.C. 653) as amended by sections
4316 and 4345(b) of this Act, is amended by adding at
the end the following new subsection:
‘‘(p) SUPPORT ORDER DEFINED.—As used in this
part, the term ‘support order’ means a judgment, decree,
or order, whether temporary, final, or subject to modifica-
tion, issued by a court or an administrative agency of com-
petent jurisdiction, for the support and maintenance of a
child, including a child who has attained the age of major-
ity under the law of the issuing State, or a child and the
parent with whom the child is living, which provides for
monetary support, health care, arrearages, or reimburse-
ment, and which may include related costs and fees, inter-
est and penalties, income withholding, attorneys’ fees, and
other relief.’’.
SEC. 4367. REPORTING ARREARAGES TO CREDIT BUREAUS.
Section 466(a)(7) (42 U.S.C. 666(a)(7)) is amended
to read as follows:
‘‘(7) REPORTING ARREARAGES TO CREDIT BU-
REAUS.—
‘‘(A) IN GENERAL.—Procedures (subject to
safeguards pursuant to subparagraph (B)) re-
quiring the State to report periodically to
consumer reporting agencies (as defined in sec-
tion 603(f) of the Fair Credit Reporting Act
606
(15 U.S.C. 1681a(f)) the name of any non-
custodial parent who is delinquent in the pay-
ment of support, and the amount of overdue
support owed by such parent.
‘‘(B) SAFEGUARDS.—Procedures ensuring
that, in carrying out subparagraph (A), infor-
mation with respect to a noncustodial parent is
reported—
‘‘(i) only after such parent has been
afforded all due process required under
State law, including notice and a reason-
able opportunity to contest the accuracy of
such information; and
‘‘(ii) only to an entity that has fur-
nished evidence satisfactory to the State
that the entity is a consumer reporting
agency (as so defined).’’.
SEC. 4368. LIENS.
Section 466(a)(4) (42 U.S.C. 666(a)(4)) is amended
to read as follows:
‘‘(4) LIENS.—Procedures under which—
‘‘(A) liens arise by operation of law against
real and personal property for amounts of over-
due support owed by a noncustodial parent who
resides or owns property in the State; and
607
‘‘(B) the State accords full faith and credit
to liens described in subparagraph (A) arising
in another State, when the State agency, party,
or other entity seeking to enforce such a lien
complies with the procedural rules relating to
recording or serving liens that arise within the
State, except that such rules may not require
judicial notice or hearing prior to the enforce-
ment of such a lien.’’.
SEC. 4369. STATE LAW AUTHORIZING SUSPENSION OF LI-
CENSES.
Section 466(a) (42 U.S.C. 666(a)), as amended by
sections 4315, 4317(a), 4323, and 4365 of this Act, is
amended by inserting after paragraph (15) the following:
‘‘(16) AUTHORITY TO WITHHOLD OR SUSPEND
LICENSES.—Procedures under which the State has
(and uses in appropriate cases) authority to withhold
or suspend, or to restrict the use of driver’s licenses,
professional and occupational licenses, and rec-
reational licenses of individuals owing overdue sup-
port or failing, after receiving appropriate notice, to
comply with subpoenas or warrants relating to pa-
ternity or child support proceedings.’’.
608
SEC. 4370. DENIAL OF PASSPORTS FOR NONPAYMENT OF
CHILD SUPPORT.
(a) HHS CERTIFICATION PROCEDURE.—
(1) SECRETARIAL
RESPONSIBILITY.—Section
452 (42 U.S.C. 652), as amended by section 4345
of this Act, is amended by adding at the end the fol-
lowing new subsection:
‘‘(k)(1) If the Secretary receives a certification by a
State agency in accordance with the requirements of sec-
tion 454(31) that an individual owes arrearages of child
support in an amount exceeding $5,000, the Secretary
shall transmit such certification to the Secretary of State
for action (with respect to denial, revocation, or limitation
of passports) pursuant to paragraph (2).
‘‘(2) The Secretary of State shall, upon certification
by the Secretary transmitted under paragraph (1), refuse
to issue a passport to such individual, and may revoke,
restrict, or limit a passport issued previously to such indi-
vidual.
‘‘(3) The Secretary and the Secretary of State shall
not be liable to an individual for any action with respect
to a certification by a State agency under this section.’’.
(2) STATE AGENCY RESPONSIBILITY.—Section
454 (42 U.S.C. 654), as amended by sections
4301(b), 4303(a), 4312(b), 4313(a), 4333, 4343(b),
and 4347 of this Act, is amended—
609
(A) by striking ‘‘and’’ at the end of para-
graph (30);
(B) by striking the period at the end of
paragraph (31) and inserting ‘‘; and’’; and
(C) by adding after paragraph (31) the fol-
lowing new paragraph:
‘‘(32) provide that the State agency will have in
effect a procedure for certifying to the Secretary, for
purposes of the procedure under section 452(k), de-
terminations that individuals owe arrearages of child
support in an amount exceeding $5,000, under
which procedure—
‘‘(A) each individual concerned is afforded
notice of such determination and the con-
sequences thereof, and an opportunity to con-
test the determination; and
‘‘(B) the certification by the State agency
is furnished to the Secretary in such format,
and accompanied by such supporting docu-
mentation, as the Secretary may require.’’.
(b) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall become effective October
1, 1997.
610
SEC. 4371. INTERNATIONAL SUPPORT ENFORCEMENT.
(a) 
AUTHORITY
FOR
INTERNATIONAL
AGREE-
MENTS.—Part D of title IV, as amended by section
4362(a) of this Act, is amended by adding after section
459 the following new section:
‘‘SEC. 459A. INTERNATIONAL SUPPORT ENFORCEMENT.
‘‘(a) AUTHORITY FOR DECLARATIONS.—
‘‘(1) DECLARATION.—The Secretary of State,
with the concurrence of the Secretary of Health and
Human Services, is authorized to declare any foreign
country (or a political subdivision thereof) to be a
foreign reciprocating country if the foreign country
has established, or undertakes to establish, proce-
dures for the establishment and enforcement of du-
ties of support owed to obligees who are residents of
the United States, and such procedures are substan-
tially in conformity with the standards prescribed
under subsection (b).
‘‘(2) REVOCATION.—A declaration with respect
to a foreign country made pursuant to paragraph
(1) may be revoked if the Secretaries of State and
Health and Human Services determine that—
‘‘(A) the procedures established by the for-
eign country regarding the establishment and
enforcement of duties of support have been so
changed, or the foreign country’s implementa-
611
tion of such procedures is so unsatisfactory,
that such procedures do not meet the criteria
for such a declaration; or
‘‘(B) continued operation of the declaration
is not consistent with the purposes of this part.
‘‘(3) FORM
OF
DECLARATION.—A declaration
under paragraph (1) may be made in the form of an
international agreement, in connection with an inter-
national agreement or corresponding foreign declara-
tion, or on a unilateral basis.
‘‘(b) STANDARDS FOR FOREIGN SUPPORT ENFORCE-
MENT PROCEDURES.—
‘‘(1) MANDATORY
ELEMENTS.—Support en-
forcement procedures of a foreign country which
may be the subject of a declaration pursuant to sub-
section (a)(1) shall include the following elements:
‘‘(A) The foreign country (or political sub-
division thereof) has in effect procedures, avail-
able to residents of the United States—
‘‘(i) for establishment of paternity,
and for establishment of orders of support
for children and custodial parents; and
‘‘(ii) for enforcement of orders to pro-
vide support to children and custodial par-
ents, including procedures for collection
612
and appropriate distribution of support
payments under such orders.
‘‘(B) The procedures described in subpara-
graph (A), including legal and administrative
assistance, are provided to residents of the
United States at no cost.
‘‘(C) An agency of the foreign country is
designated as a Central Authority responsible
for—
‘‘(i) facilitating support enforcement
in cases involving residents of the foreign
country and residents of the United States;
and
‘‘(ii) ensuring compliance with the
standards established pursuant to this sub-
section.
‘‘(2) ADDITIONAL ELEMENTS.—The Secretary
of Health and Human Services and the Secretary of
State, in consultation with the States, may establish
such additional standards as may be considered nec-
essary to further the purposes of this section.
‘‘(c) DESIGNATION OF UNITED STATES CENTRAL
AUTHORITY.—It shall be the responsibility of the Sec-
retary of Health and Human Services to facilitate support
enforcement in cases involving residents of the United
613
States and residents of foreign countries that are the sub-
ject of a declaration under this section, by activities in-
cluding—
‘‘(1) development of uniform forms and proce-
dures for use in such cases;
‘‘(2) notification of foreign reciprocating coun-
tries of the State of residence of individuals sought
for support enforcement purposes, on the basis of in-
formation provided by the Federal Parent Locator
Service; and
‘‘(3) such other oversight, assistance, and co-
ordination activities as the Secretary may find nec-
essary and appropriate.
‘‘(d) EFFECT ON OTHER LAWS.—States may enter
into reciprocal arrangements for the establishment and en-
forcement of support obligations with foreign countries
that are not the subject of a declaration pursuant to sub-
section (a), to the extent consistent with Federal law.’’.
(b) STATE PLAN REQUIREMENT.—Section 454 (42
U.S.C. 654), as amended by sections 4301(b), 4303(a),
4312(b), 4313(a), 4333, 4343(b), 4347, and 4370(a)(2)
of this Act, is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(31);
614
(2) by striking the period at the end of para-
graph (32) and inserting ‘‘; and’’; and
(3) by adding after paragraph (32) the follow-
ing new paragraph:
‘‘(33)(A) provide that any request for services
under this part by a foreign reciprocating country or
a foreign country with which the State has an ar-
rangement described in section 459A(d)(2) shall be
treated as a request by a State;
‘‘(B) provide, at State option, notwithstanding
paragraph (4) or any other provision of this part,
for services under the plan for enforcement of a
spousal support order not described in paragraph
(4)(B) entered by such a country (or subdivision);
and
‘‘(C) provide that no applications will be re-
quired from, and no costs will be assessed for such
services against, the foreign reciprocating country or
foreign obligee (but costs may at State option be as-
sessed against the obligor).’’.
SEC. 4372. FINANCIAL INSTITUTION DATA MATCHES.
Section 466(a) (42 U.S.C. 666(a)), as amended by
sections 4315, 4317(a), 4323, 4365, and 4369 of this Act,
is amended by inserting after paragraph (16) the following
new paragraph:
615
‘‘(17) 
FINANCIAL
INSTITUTION
DATA
MATCHES.—
‘‘(A) IN
GENERAL.—Procedures under
which the State agency shall enter into agree-
ments with financial institutions doing business
in the State—
‘‘(i) to develop and operate, in coordi-
nation with such financial institutions, a
data match system, using automated data
exchanges to the maximum extent feasible,
in which each such financial institution is
required to provide for each calendar quar-
ter the name, record address, social secu-
rity number or other taxpayer identifica-
tion number, and other identifying infor-
mation for each noncustodial parent who
maintains an account at such institution
and who owes past-due support, as identi-
fied by the State by name and social secu-
rity number or other taxpayer identifica-
tion number; and
‘‘(ii) in response to a notice of lien or
levy, encumber or surrender, as the case
may be, assets held by such institution on
behalf of any noncustodial parent who is
616
subject to a child support lien pursuant to
paragraph (4).
‘‘(B) 
REASONABLE
FEES.—The 
State
agency may pay a reasonable fee to a financial
institution for conducting the data match pro-
vided for in subparagraph (A)(i), not to exceed
the actual costs incurred by such financial insti-
tution.
‘‘(C) LIABILITY.—A financial institution
shall not be liable under any Federal or State
law to any person—
‘‘(i) for any disclosure of information
to the State agency under subparagraph
(A)(i);
‘‘(ii) for encumbering or surrendering
any assets held by such financial institu-
tion in response to a notice of lien or levy
issued by the State agency as provided for
in subparagraph (A)(ii); or
‘‘(iii) for any other action taken in
good faith to comply with the requirements
of subparagraph (A).
‘‘(D) DEFINITIONS.—For purposes of this
paragraph—
617
‘‘(i) FINANCIAL
INSTITUTION.—The
term ‘financial institution’ has the mean-
ing given to such term by section
469A(d)(1).
‘‘(ii) ACCOUNT.—The term ‘account’
means a demand deposit account, checking
or negotiable withdrawal order account,
savings account, time deposit account, or
money-market mutual fund account.’’.
SEC. 4373. ENFORCEMENT OF ORDERS AGAINST PATERNAL
OR MATERNAL GRANDPARENTS IN CASES OF
MINOR PARENTS.
Section 466(a) (42 U.S.C. 666(a)), as amended by
sections 4315, 4317(a), 4323, 4365, 4369, and 4372 of
this Act, is amended by inserting after paragraph (17) the
following new paragraph:
‘‘(18) ENFORCEMENT OF ORDERS AGAINST PA-
TERNAL
OR
MATERNAL
GRANDPARENTS.—Proce-
dures under which, at the State’s option, any child
support order enforced under this part with respect
to a child of minor parents, if the custodial parent
of such child is receiving assistance under the State
program under part A, shall be enforceable, jointly
and severally, against the parents of the noncusto-
dial parent of such child.’’.
618
SEC. 4374. NONDISCHARGEABILITY IN BANKRUPTCY OF
CERTAIN DEBTS FOR THE SUPPORT OF A
CHILD.
(a) AMENDMENT
TO TITLE 11 OF
THE UNITED
STATES CODE.—Section 523(a) of title 11, United States
Code, is amended—
(1) by striking ‘‘or’’ at the end of paragraph
(16);
(2) by striking the period at the end of para-
graph (17) and inserting ‘‘; or’’;
(3) by adding at the end the following:
‘‘(18) owed under State law to a State or mu-
nicipality that is—
‘‘(A) in the nature of support, and
‘‘(B) enforceable under part D of title IV
of the Social Security Act (42 U.S.C. 601 et
seq.).’’; and
(4) in paragraph (5), by striking ‘‘section
402(a)(26)’’ and inserting ‘‘section 408(a)(4)’’.
(b) AMENDMENT TO THE SOCIAL SECURITY ACT.—
Section 456(b) (42 U.S.C. 656(b)) is amended to read as
follows:
‘‘(b) NONDISCHARGEABILITY.—A debt (as defined in
section 101 of title 11 of the United States Code) owed
under State law to a State (as defined in such section)
or municipality (as defined in such section) that is in the
619
nature of support and that is enforceable under this part
is not released by a discharge in bankruptcy under title
11 of the United States Code.’’.
(c) APPLICATION OF AMENDMENTS.—The amend-
ments made by this section shall apply only with respect
to cases commenced under title 11 of the United States
Code after the date of the enactment of this Act.
CHAPTER 8—MEDICAL SUPPORT
SEC. 4376. CORRECTION TO ERISA DEFINITION OF MEDI-
CAL CHILD SUPPORT ORDER.
(a) IN GENERAL.—Section 609(a)(2)(B) of the Em-
ployee Retirement Income Security Act of 1974 (29
U.S.C. 1169(a)(2)(B)) is amended—
(1) by striking ‘‘issued by a court of competent
jurisdiction’’;
(2) by striking the period at the end of clause
(ii) and inserting a comma; and
(3) by adding, after and below clause (ii), the
following:
‘‘if such judgment, decree, or order (I) is issued
by a court of competent jurisdiction or (II) is
issued through an administrative process estab-
lished under State law and has the force and ef-
fect of law under applicable State law.’’.
(b) EFFECTIVE DATE.—
620
(1) IN GENERAL.—The amendments made by
this section shall take effect on the date of the en-
actment of this Act.
(2) PLAN AMENDMENTS NOT REQUIRED UNTIL
JANUARY 1, 1997.—Any amendment to a plan re-
quired to be made by an amendment made by this
section shall not be required to be made before the
1st plan year beginning on or after January 1,
1997, if—
(A) during the period after the date before
the date of the enactment of this Act and be-
fore such 1st plan year, the plan is operated in
accordance with the requirements of the amend-
ments made by this section; and
(B) such plan amendment applies retro-
actively to the period after the date before the
date of the enactment of this Act and before
such 1st plan year.
A plan shall not be treated as failing to be operated
in accordance with the provisions of the plan merely
because it operates in accordance with this para-
graph.
621
SEC. 4377. ENFORCEMENT OF ORDERS FOR HEALTH CARE
COVERAGE.
Section 466(a) (42 U.S.C. 666(a)), as amended by
sections 4315, 4317(a), 4323, 4365, 4369, 4372, and
4373 of this Act, is amended by inserting after paragraph
(18) the following new paragraph:
‘‘(19) HEALTH
CARE
COVERAGE.—Procedures
under which all child support orders enforced pursu-
ant to this part shall include a provision for the
health care coverage of the child, and in the case in
which a noncustodial parent provides such coverage
and changes employment, and the new employer pro-
vides health care coverage, the State agency shall
transfer notice of the provision to the employer,
which notice shall operate to enroll the child in the
noncustodial parent’s health plan, unless the non-
custodial parent contests the notice.’’.
CHAPTER 9—ENHANCING RESPONSIBIL-
ITY AND OPPORTUNITY FOR NON-RES-
IDENTIAL PARENTS
SEC. 4381. GRANTS TO STATES FOR ACCESS AND VISITA-
TION PROGRAMS.
Part D of title IV (42 U.S.C. 651–669), as amended
by section 4353 of this Act, is amended by adding at the
end the following new section:
622
‘‘SEC. 469B. GRANTS TO STATES FOR ACCESS AND VISITA-
TION PROGRAMS.
‘‘(a) IN GENERAL.—The Administration for Children
and Families shall make grants under this section to en-
able States to establish and administer programs to sup-
port and facilitate noncustodial parents’ access to and visi-
tation of their children, by means of activities including
mediation (both voluntary and mandatory), counseling,
education, development of parenting plans, visitation en-
forcement (including monitoring, supervision and neutral
drop-off and pickup), and development of guidelines for
visitation and alternative custody arrangements.
‘‘(b) AMOUNT OF GRANT.—The amount of the grant
to be made to a State under this section for a fiscal year
shall be an amount equal to the lesser of—
‘‘(1) 90 percent of State expenditures during
the fiscal year for activities described in subsection
(a); or
‘‘(2) the allotment of the State under sub-
section (c) for the fiscal year.
‘‘(c) ALLOTMENTS TO STATES.—
‘‘(1) IN GENERAL.—The allotment of a State
for a fiscal year is the amount that bears the same
ratio to $10,000,000 for grants under this section
for the fiscal year as the number of children in the
623
State living with only 1 biological parent bears to
the total number of such children in all States.
‘‘(2) MINIMUM ALLOTMENT.—The Administra-
tion for Children and Families shall adjust allot-
ments to States under paragraph (1) as necessary to
ensure that no State is allotted less than—
‘‘(A) $50,000 for fiscal year 1997 or 1998;
or
‘‘(B) $100,000 for any succeeding fiscal
year.
‘‘(d) NO SUPPLANTATION OF STATE EXPENDITURES
FOR SIMILAR ACTIVITIES.—A State to which a grant is
made under this section may not use the grant to supplant
expenditures by the State for activities specified in sub-
section (a), but shall use the grant to supplement such
expenditures at a level at least equal to the level of such
expenditures for fiscal year 1995.
‘‘(e) STATE ADMINISTRATION.—Each State to which
a grant is made under this section—
‘‘(1) may administer State programs funded
with the grant, directly or through grants to or con-
tracts with courts, local public agencies, or nonprofit
private entities;
‘‘(2) shall not be required to operate such pro-
grams on a statewide basis; and
624
‘‘(3) shall monitor, evaluate, and report on such
programs in accordance with regulations prescribed
by the Secretary.’’.
CHAPTER 10—EFFECTIVE DATES AND
CONFORMING AMENDMENTS
SEC. 4391. EFFECTIVE DATES AND CONFORMING AMEND-
MENTS.
(a) IN GENERAL.—Except as otherwise specifically
provided (but subject to subsections (b) and (c))—
(1) the provisions of this subtitle requiring the
enactment or amendment of State laws under sec-
tion 466 of the Social Security Act, or revision of
State plans under section 454 of such Act, shall be
effective with respect to periods beginning on and
after October 1, 1996; and
(2) all other provisions of this subtitle shall be-
come effective upon the date of the enactment of
this Act.
(b) GRACE PERIOD FOR STATE LAW CHANGES.—The
provisions of this subtitle shall become effective with re-
spect to a State on the later of—
(1) the date specified in this subtitle, or
(2) the effective date of laws enacted by the leg-
islature of such State implementing such provisions,
625
but in no event later than the 1st day of the 1st calendar
quarter beginning after the close of the 1st regular session
of the State legislature that begins after the date of the
enactment of this Act. For purposes of the previous sen-
tence, in the case of a State that has a 2-year legislative
session, each year of such session shall be deemed to be
a separate regular session of the State legislature.
(c) GRACE PERIOD
FOR STATE CONSTITUTIONAL
AMENDMENT.—A State shall not be found out of compli-
ance with any requirement enacted by this subtitle if the
State is unable to so comply without amending the State
constitution until the earlier of—
(1) 1 year after the effective date of the nec-
essary State constitutional amendment; or
(2) 5 years after the date of the enactment of
this Act.
(d) CONFORMING AMENDMENTS.—
(1) The following provisions are amended by
striking ‘‘absent’’ each place it appears and inserting
‘‘noncustodial’’:
(A) Section 451 (42 U.S.C. 651).
(B) Subsections (a)(1), (a)(8), (a)(10)(E),
(a)(10)(F), (f), and (h) of section 452 (42
U.S.C. 652).
(C) Section 453(f) (42 U.S.C. 653(f)).
626
(D) Paragraphs (8), (13), and (21)(A) of
section 454 (42 U.S.C. 654).
(E) 
Section 
455(e)(1) 
(42 
U.S.C.
655(e)(1)).
(F) Section 458(a) (42 U.S.C. 658(a)).
(G) Subsections (a), (b), and (c) of section
463 (42 U.S.C. 663).
(H) 
Subsections 
(a)(3)(A), 
(a)(3)(C),
(a)(6), and (a)(8)(B)(ii), the last sentence of
subsection 
(a), 
and 
subsections 
(b)(1),
(b)(3)(B), (b)(3)(B)(i), (b)(6)(A)(i), (b)(9), and
(e) of section 466 (42 U.S.C. 666).
(2) The following provisions are amended by
striking ‘‘an absent’’ each place it appears and in-
serting ‘‘a noncustodial’’:
(A) Paragraphs (2) and (3) of section
453(c) (42 U.S.C. 653(c)).
(B) Subparagraphs (B) and (C) of section
454(9) (42 U.S.C. 654(9)).
(C) 
Section 
456(a)(3) 
(42 
U.S.C.
656(a)(3)).
(D) 
Subsections 
(a)(3)(A), 
(a)(6),
(a)(8)(B)(i), (b)(3)(A), and (b)(3)(B) of section
466 (42 U.S.C. 666).
627
(E) Paragraphs (2) and (4) of section
469(b) (42 U.S.C. 669(b)).
Subtitle D—Restricting Welfare
and Public Benefits for Aliens
SEC. 4400. STATEMENTS OF NATIONAL POLICY CONCERN-
ING WELFARE AND IMMIGRATION.
The Congress makes the following statements con-
cerning national policy with respect to welfare and immi-
gration:
(1) Self-sufficiency has been a basic principle of
United States immigration law since this country’s
earliest immigration statutes.
(2) It continues to be the immigration policy of
the United States that—
(A) aliens within the Nation’s borders not
depend on public resources to meet their needs,
but rather rely on their own capabilities and the
resources of their families, their sponsors, and
private organizations, and
(B) the availability of public benefits not
constitute an incentive for immigration to the
United States.
(3) Despite the principle of self-sufficiency,
aliens have been applying for and receiving public
628
benefits from Federal, State, and local governments
at increasing rates.
(4) Current eligibility rules for public assistance
and unenforceable financial support agreements have
proved wholly incapable of assuring that individual
aliens not burden the public benefits system.
(5) It is a compelling government interest to
enact new rules for eligibility and sponsorship agree-
ments in order to assure that aliens be self-reliant
in accordance with national immigration policy.
(6) It is a compelling government interest to re-
move the incentive for illegal immigration provided
by the availability of public benefits.
(7) With respect to the State authority to make
determinations concerning the eligibility of qualified
aliens for public benefits in this subtitle, a State
that chooses to follow the Federal classification in
determining the eligibility of such aliens for public
assistance shall be considered to have chosen the
least restrictive means available for achieving the
compelling governmental interest of assuring that
aliens be self-reliant in accordance with national im-
migration policy.
629
CHAPTER 1—ELIGIBILITY FOR FEDERAL
BENEFITS
SEC. 4401. ALIENS WHO ARE NOT QUALIFIED ALIENS INELI-
GIBLE FOR FEDERAL PUBLIC BENEFITS.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law and except as provided in subsection (b), an
alien who is not a qualified alien (as defined in section
4431) is not eligible for any Federal public benefit (as de-
fined in subsection (c)).
(b) EXCEPTIONS.—
(1) Subsection (a) shall not apply with respect
to the following Federal public benefits:
(A) Emergency medical services under title
XIX of the Social Security Act.
(B) Short-term, non-cash, in-kind emer-
gency disaster relief.
(C) Public health assistance for immuniza-
tions with respect to immunizable diseases and
for testing and treatment of symptoms of com-
municable diseases whether or not such symp-
toms are caused by a communicable disease.
(D) Programs, services, or assistance (such
as soup kitchens, crisis counseling and interven-
tion, and short-term shelter) specified by the
Attorney General, in the Attorney General’s
630
sole and unreviewable discretion after consulta-
tion with appropriate Federal agencies and de-
partments, which (i) deliver in-kind services at
the community level, including through public
or private nonprofit agencies; (ii) do not condi-
tion the provision of assistance, the amount of
assistance provided, or the cost of assistance
provided on the individual recipient’s income or
resources; and (iii) are necessary for the protec-
tion of life or safety.
(E) Programs for housing or community
development assistance or financial assistance
administered by the Secretary of Housing and
Urban Development, any program under title V
of the Housing Act of 1949, or any assistance
under section 306C of the Consolidated Farm
and Rural Development Act, to the extent that
the alien is receiving such a benefit on the date
of the enactment of this Act.
(2) Subsection (a) shall not apply to any benefit
payable under title II of the Social Security Act to
an alien who is lawfully present in the United States
as determined by the Attorney General, to any bene-
fit if nonpayment of such benefit would contravene
an international agreement described in section 233
631
of the Social Security Act, to any benefit if nonpay-
ment would be contrary to section 202(t) of the So-
cial Security Act, or to any benefit payable under
title II of the Social Security Act to which entitle-
ment is based on an application filed in or before the
month in which this Act becomes law.
(c) FEDERAL PUBLIC BENEFIT DEFINED.—
(1) Except as provided in paragraph (2), for
purposes of this subtitle the term ‘‘Federal public
benefit’’ means—
(A) any grant, contract, loan, professional
license, or commercial license provided by an
agency of the United States or by appropriated
funds of the United States; and
(B) any retirement, welfare, health, dis-
ability, public or assisted housing, postsecond-
ary education, food assistance, unemployment
benefit, or any other similar benefit for which
payments or assistance are provided to an indi-
vidual, household, or family eligibility unit by
an agency of the United States or by appro-
priated funds of the United States.
(2) Such term shall not apply—
(A) to any contract, professional license, or
commercial license for a nonimmigrant whose
632
visa for entry is related to such employment in
the United States; or
(B) with respect to benefits for an alien
who as a work authorized nonimmigrant or as
an alien lawfully admitted for permanent resi-
dence under the Immigration and Nationality
Act qualified for such benefits and for whom
the United States under reciprocal treaty agree-
ments is required to pay benefits, as determined
by the Attorney General, after consultation with
the Secretary of State.
SEC. 4402. LIMITED ELIGIBILITY OF QUALIFIED ALIENS
FOR CERTAIN FEDERAL PROGRAMS.
(a) LIMITED ELIGIBILITY FOR SPECIFIED FEDERAL
PROGRAMS.—
(1) IN GENERAL.—Notwithstanding any other
provision of law and except as provided in paragraph
(2), an alien who is a qualified alien (as defined in
section 4431) is not eligible for any specified Fed-
eral program (as defined in paragraph (3)).
(2) EXCEPTIONS.—
(A) TIME-LIMITED EXCEPTION FOR REFU-
GEES AND ASYLEES.—Paragraph (1) shall not
apply to an alien until 5 years after the date—
633
(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; or
(iii) an alien’s deportation is withheld
under section 243(h) of such Act.
(B) 
CERTAIN
PERMANENT
RESIDENT
ALIENS.—Paragraph (1) shall not apply to an
alien who—
(i) is lawfully admitted to the United
States for permanent residence under the
Immigration and Nationality Act; and
(ii)(I) has worked 40 qualifying quar-
ters of coverage as defined under title II of
the Social Security Act or can be credited
with such qualifying quarters as provided
under section 435, and (II) did not receive
any Federal means-tested public benefit
(as defined in section 4403(c)) during any
such quarter.
(C) VETERAN AND ACTIVE DUTY EXCEP-
TION.—Paragraph (1) shall not apply to an
alien who is lawfully residing in any State and
is—
634
(i) a veteran (as defined in section
101 of title 38, United States Code) with
a discharge characterized as an honorable
discharge and not on account of alienage,
(ii) on active duty (other than active
duty for training) in the Armed Forces of
the United States, or
(iii) the spouse or unmarried depend-
ent child of an individual described in
clause (i) or (ii).
(D) TRANSITION FOR ALIENS CURRENTLY
RECEIVING BENEFITS.—
(i) SSI.—
(I) IN
GENERAL.—With respect
to the specified Federal program de-
scribed in paragraph (3)(A), during
the period beginning on the date of
the enactment of this Act and ending
on the date which is 1 year after such
date of enactment, the Commissioner
of Social Security shall redetermine
the eligibility of any individual who is
receiving benefits under such program
as of the date of the enactment of this
Act and whose eligibility for such ben-
635
efits may terminate by reason of the
provisions of this subsection.
(II) 
REDETERMINATION
CRI-
TERIA.— With respect to any redeter-
mination under subclause (I), the
Commissioner of Social Security shall
apply the eligibility criteria for new
applicants for benefits under such
program.
(III) 
GRANDFATHER
PROVI-
SION.—The provisions of this sub-
section and the redetermination under
subclause (I), shall only apply with re-
spect to the benefits of an individual
described in subclause (I) for months
beginning on or after the date of the
redetermination with respect to such
individual.
(IV) NOTICE.—Not later than
January 1, 1997, the Commissioner of
Social Security shall notify an individ-
ual described in subclause (I) of the
provisions of this clause.
(ii) FOOD STAMPS.—
636
(I) IN
GENERAL.—With respect
to the specified Federal program de-
scribed in paragraph (3)(B), during
the period beginning on the date of
enactment of this Act and ending on
the date which is 1 year after the date
of enactment, the State agency shall,
at the time of the recertification, re-
certify the eligibility of any individual
who is receiving benefits under such
program as of the date of enactment
of this Act and whose eligibility for
such benefits may terminate by reason
of the provisions of this subsection.
(II) 
RECERTIFICATION
CRI-
TERIA.—With respect to any recertifi-
cation under subclause (I), the State
agency shall apply the eligibility cri-
teria for applicants for benefits under
such program.
(III) 
GRANDFATHER
PROVI-
SION.—The provisions of this sub-
section and the recertification under
subclause (I) shall only apply with re-
spect to the eligibility of an alien for
637
a program for months beginning on or
after the date of recertification, if on
the date of enactment of this Act the
alien is lawfully residing in any State
and is receiving benefits under such
program on such date of enactment.
(iii) MEDICAID.—
(I) IN
GENERAL.—With respect
to the specified Federal program de-
scribed in paragraph (3)(C), during
the period beginning on the date of
enactment of this Act and ending on
the date which is 1 year after the date
of enactment, the State agency shall,
at the time of the redetermination, re-
determine the eligibility of any indi-
vidual who is receiving benefits under
such program as of the date of enact-
ment of this Act and whose eligibility
for such benefits may terminate by
reason of the provisions of this sub-
section.
(II) 
REDETERMINATION.—With
respect to any redetermination under
subclause (I), the State agency shall
638
apply the eligibility criteria for appli-
cants for benefits under such pro-
gram.
(III) 
GRANDFATHER
PROVI-
SION.—The provisions of this sub-
section and the redetermination under
subclause (I) shall only apply with re-
spect to the eligibility of an alien for
a program for months beginning on or
after the date of redetermination, if
on the date of enactment of this Act
the alien is lawfully residing in any
State and is receiving benefits under
such program on such date of enact-
ment.
(3) SPECIFIED FEDERAL PROGRAM DEFINED.—
For purposes of this subtitle, the term ‘‘specified
Federal program’’ means any of the following:
(A) SSI.—The supplemental security in-
come program under title XVI of the Social Se-
curity Act, including supplementary payments
pursuant to an agreement for Federal adminis-
tration under section 1616(a) of the Social Se-
curity Act and payments pursuant to an agree-
639
ment entered into under section 212(b) of Pub-
lic Law 93–66.
(B) FOOD STAMPS.—The food stamp pro-
gram as defined in section 3(h) of the Food
Stamp Act of 1977.
(C) MEDICAID.—A State plan approved
under title XIX of the Social Security Act.
(b) LIMITED ELIGIBILITY FOR DESIGNATED FED-
ERAL PROGRAMS.—
(1) IN GENERAL.—Notwithstanding any other
provision of law and except as provided in section
4403 and paragraph (2), a State is authorized to de-
termine the eligibility of an alien who is a qualified
alien (as defined in section 4431) for any designated
Federal program (as defined in paragraph (3)).
(2) EXCEPTIONS.—Qualified aliens under this
paragraph shall be eligible for any designated Fed-
eral program.
(A) TIME-LIMITED EXCEPTION FOR REFU-
GEES AND ASYLEES.—
(i) An alien who is admitted to the
United States as a refugee under section
207 of the Immigration and Nationality
Act until 5 years after the date of an
alien’s entry into the United States.
640
(ii) An alien who is granted asylum
under section 208 of such Act until 5 years
after the date of such grant of asylum.
(iii) An alien whose deportation is
being withheld under section 243(h) of
such Act until 5 years after such withhold-
ing.
(B) 
CERTAIN
PERMANENT
RESIDENT
ALIENS.—An alien who—
(i) is lawfully admitted to the United
States for permanent residence under the
Immigration and Nationality Act; and
(ii)(I) has worked 40 qualifying quar-
ters of coverage as defined under title II of
the Social Security Act or can be credited
with such qualifying quarters as provided
under section 4435, and (II) did not re-
ceive any Federal means-tested public ben-
efit (as defined in section 4403(c)) during
any such quarter.
(C) VETERAN AND ACTIVE DUTY EXCEP-
TION.—An alien who is lawfully residing in any
State and is—
(i) a veteran (as defined in section
101 of title 38, United States Code) with
641
a discharge characterized as an honorable
discharge and not on account of alienage,
(ii) on active duty (other than active
duty for training) in the Armed Forces of
the United States, or
(iii) the spouse or unmarried depend-
ent child of an individual described in
clause (i) or (ii).
(D) TRANSITION FOR THOSE CURRENTLY
RECEIVING
BENEFITS.—An alien who on the
date of the enactment of this Act is lawfully re-
siding in any State and is receiving benefits
under such program on the date of the enact-
ment of this Act shall continue to be eligible to
receive such benefits until January 1, 1997.
(3) DESIGNATED
FEDERAL
PROGRAM
DE-
FINED.—For purposes of this subtitle, the term
‘‘designated Federal program’’ means any of the fol-
lowing:
(A) TEMPORARY ASSISTANCE FOR NEEDY
FAMILIES.—The program of block grants to
States for temporary assistance for needy fami-
lies under part A of title IV of the Social Secu-
rity Act.
642
(B) SOCIAL
SERVICES
BLOCK
GRANT.—
The program of block grants to States for so-
cial services under title XX of the Social Secu-
rity Act.
SEC. 4403. FIVE-YEAR LIMITED ELIGIBILITY OF QUALIFIED
ALIENS FOR FEDERAL MEANS-TESTED PUB-
LIC BENEFIT.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law and except as provided in subsection (b), an
alien who is a qualified alien (as defined in section 4431)
and who enters the United States on or after the date
of the enactment of this Act is not eligible for any Federal
means-tested public benefit (as defined in subsection (c))
for a period of five years beginning on the date of the
alien’s entry into the United States with a status within
the meaning of the term ‘‘qualified alien’’.
(b) EXCEPTIONS.—The limitation under subsection
(a) shall not apply to the following aliens:
(1) 
EXCEPTION
FOR
REFUGEES
AND
ASYLEES.—
(A) An alien who is admitted to the United
States as a refugee under section 207 of the
Immigration and Nationality Act.
(B) An alien who is granted asylum under
section 208 of such Act.
643
(C) An alien whose deportation is being
withheld under section 243(h) of such Act.
(2) VETERAN AND ACTIVE DUTY EXCEPTION.—
An alien who is lawfully residing in any State and
is—
(A) a veteran (as defined in section 101 of
title 38, United States Code) with a discharge
characterized as an honorable discharge and not
on account of alienage,
(B) on active duty (other than active duty
for training) in the Armed Forces of the United
States, or
(C) the spouse or unmarried dependent
child of an individual described in subparagraph
(A) or (B).
(c) FEDERAL MEANS-TESTED PUBLIC BENEFIT DE-
FINED.—
(1) Except as provided in paragraph (2), for
purposes of this subtitle, the term ‘‘Federal means-
tested public benefit’’ means a public benefit (includ-
ing cash, medical, housing, and food assistance and
social services) of the Federal Government in which
the eligibility of an individual, household, or family
eligibility unit for benefits, or the amount of such
benefits, or both are determined on the basis of in-
644
come, resources, or financial need of the individual,
household, or unit.
(2) Such term does not include the following:
(A) Emergency medical services under title
XIX of the Social Security Act.
(B) Short-term, non-cash, in-kind emer-
gency disaster relief.
(C) Assistance or benefits under the Na-
tional School Lunch Act.
(D) Assistance or benefits under the Child
Nutrition Act of 1966.
(E) Public health assistance for immuniza-
tions with respect to immunizable diseases and
for testing and treatment of symptoms of com-
municable diseases whether or not such symp-
toms are caused by a communicable disease.
(F) Payments for foster care and adoption
assistance under parts B and E of title IV of
the Social Security Act for a child who would,
in the absence of subsection (a), be eligible to
have such payments made on the child’s behalf
under such part, but only if the foster or adop-
tive parent or parents of such child are not de-
scribed under subsection (a).
645
(G) Programs, services, or assistance (such
as soup kitchens, crisis counseling and interven-
tion, and short-term shelter) specified by the
Attorney General, in the Attorney General’s
sole and unreviewable discretion after consulta-
tion with appropriate Federal agencies and de-
partments, which (i) deliver in-kind services at
the community level, including through public
or private nonprofit agencies; (ii) do not condi-
tion the provision of assistance, the amount of
assistance provided, or the cost of assistance
provided on the individual recipient’s income or
resources; and (iii) are necessary for the protec-
tion of life or safety.
(H) Programs of student assistance under
titles IV, V, IX, and X of the Higher Education
Act of 1965.
(I) Means-tested programs under the Ele-
mentary and Secondary Education Act of 1965.
(J) Benefits under the Head Start Act.
(K) Benefits under the Job Training Part-
nership Act.
SEC. 4404. NOTIFICATION AND INFORMATION REPORTING.
(a) NOTIFICATION.—Each Federal agency that ad-
ministers a program to which section 4401, 4402, or 4403
646
applies shall, directly or through the States, post informa-
tion and provide general notification to the public and to
program recipients of the changes regarding eligibility for
any such program pursuant to this chapter.
(b) INFORMATION REPORTING UNDER TITLE IV OF
THE SOCIAL SECURITY ACT.—Part A of title IV of the
Social Security Act, as amended by section 4103(a) of this
Act, is amended by inserting the following new section
after section 411:
‘‘SEC. 411A. STATE REQUIRED TO PROVIDE CERTAIN INFOR-
MATION.
‘‘Each State to which a grant is made under section
403 shall, at least 4 times annually and upon request of
the Immigration and Naturalization Service, furnish the
Immigration and Naturalization Service with the name
and address of, and other identifying information on, any
individual who the State knows is unlawfully in the United
States.’’.
(c) SSI.—Section 1631(e) of such Act (42 U.S.C.
1383(e)) is amended—
(1) by redesignating the paragraphs (6) and (7)
inserted by sections 206(d)(2) and 206(f)(1) of the
Social Security Independence and Programs Im-
provement Act of 1994 (Public Law 103–296; 108
647
Stat. 1514, 1515) as paragraphs (7) and (8), re-
spectively; and
(2) by adding at the end the following new
paragraph:
‘‘(9) Notwithstanding any other provision of law, the
Commissioner shall, at least 4 times annually and upon
request of the Immigration and Naturalization Service
(hereafter in this paragraph referred to as the ‘Service’),
furnish the Service with the name and address of, and
other identifying information on, any individual who the
Commissioner knows is unlawfully in the United States,
and shall ensure that each agreement entered into under
section 1616(a) with a State provides that the State shall
furnish such information at such times with respect to any
individual who the State knows is unlawfully in the United
States.’’.
(d) INFORMATION REPORTING FOR HOUSING PRO-
GRAMS.—Title I of the United States Housing Act of 1937
(42 U.S.C. 1437 et seq.) is amended by adding at the end
the following new section:
‘‘SEC. 27. PROVISION OF INFORMATION TO LAW ENFORCE-
MENT AND OTHER AGENCIES.
‘‘Notwithstanding any other provision of law, the Sec-
retary shall, at least 4 times annually and upon request
of the Immigration and Naturalization Service (hereafter
648
in this section referred to as the ‘Service’), furnish the
Service with the name and address of, and other identify-
ing information on, any individual who the Secretary
knows is unlawfully in the United States, and shall ensure
that each contract for assistance entered into under sec-
tion 6 or 8 of this Act with a public housing agency pro-
vides that the public housing agency shall furnish such
information at such times with respect to any individual
who the public housing agency knows is unlawfully in the
United States.’’.
CHAPTER 2—ELIGIBILITY FOR STATE AND
LOCAL PUBLIC BENEFITS PROGRAMS
SEC. 4411. ALIENS WHO ARE NOT QUALIFIED ALIENS OR
NONIMMIGRANTS 
INELIGIBLE 
FOR 
STATE
AND LOCAL PUBLIC BENEFITS.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law and except as provided in subsections (b) and
(d), an alien who is not—
(1) a qualified alien (as defined in section
4431),
(2) a nonimmigrant under the Immigration and
Nationality Act, or
(3) an alien who is paroled into the United
States under section 212(d)(5) of such Act for less
than one year,
649
is not eligible for any State or local public benefit (as de-
fined in subsection (c)).
(b) EXCEPTIONS.—Subsection (a) shall not apply
with respect to the following State or local public benefits:
(1) Emergency medical services under title XIX
of the Social Security Act.
(2) Short-term, non-cash, in-kind emergency
disaster relief.
(3) Public health assistance for immunizations
with respect to immunizable diseases and for testing
and treatment of symptoms of communicable dis-
eases whether or not such symptoms are caused by
a communicable disease.
(4) Programs, services, or assistance (such as
soup kitchens, crisis counseling and intervention,
and short-term shelter) specified by the Attorney
General, in the Attorney General’s sole and
unreviewable discretion after consultation with ap-
propriate Federal agencies and departments, which
(A) deliver in-kind services at the community level,
including through public or private nonprofit agen-
cies; (B) do not condition the provision of assistance,
the amount of assistance provided, or the cost of as-
sistance provided on the individual recipient’s in-
650
come or resources; and (C) are necessary for the
protection of life or safety.
(c) STATE OR LOCAL PUBLIC BENEFIT DEFINED.—
(1) Except as provided in paragraph (2), for
purposes of this chapter the term ‘‘State or local
public benefit’’ means—
(A) any grant, contract, loan, professional
license, or commercial license provided by an
agency of a State or local government or by ap-
propriated funds of a State or local govern-
ment; and
(B) any retirement, welfare, health, dis-
ability, public or assisted housing, postsecond-
ary education, food assistance, unemployment
benefit, or any other similar benefit for which
payments or assistance are provided to an indi-
vidual, household, or family eligibility unit by
an agency of a State or local government or by
appropriated funds of a State or local govern-
ment.
(2) Such term shall not apply—
(A) to any contract, professional license, or
commercial license for a nonimmigrant whose
visa for entry is related to such employment in
the United States; or
651
(B) with respect to benefits for an alien
who as a work authorized nonimmigrant or as
an alien lawfully admitted for permanent resi-
dence under the Immigration and Nationality
Act qualified for such benefits and for whom
the United States under reciprocal treaty agree-
ments is required to pay benefits, as determined
by the Secretary of State, after consultation
with the Attorney General.
(d) STATE AUTHORITY
TO PROVIDE
FOR ELIGI-
BILITY OF ILLEGAL ALIENS FOR STATE AND LOCAL PUB-
LIC BENEFITS.—A State may provide that an alien who
is not lawfully present in the United States is eligible for
any State or local public benefit for which such alien would
otherwise be ineligible under subsection (a) only through
the enactment of a State law after the date of the enact-
ment of this Act which affirmatively provides for such eli-
gibility.
SEC. 4412. STATE AUTHORITY TO LIMIT ELIGIBILITY OF
QUALIFIED ALIENS FOR STATE PUBLIC BENE-
FITS.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law and except as provided in subsection (b), a
State is authorized to determine the eligibility for any
State public benefits (as defined in subsection (c) of an
652
alien who is a qualified alien (as defined in section 4431),
a nonimmigrant under the Immigration and Nationality
Act, or an alien who is paroled into the United States
under section 212(d)(5) of such Act for less than one year.
(b) EXCEPTIONS.—Qualified aliens under this sub-
section shall be eligible for any State public benefits.
(1) TIME-LIMITED EXCEPTION FOR REFUGEES
AND ASYLEES.—
(A) An alien who is admitted to the United
States as a refugee under section 207 of the
Immigration and Nationality Act until 5 years
after the date of an alien’s entry into the Unit-
ed States.
(B) An alien who is granted asylum under
section 208 of such Act until 5 years after the
date of such grant of asylum.
(C) An alien whose deportation is being
withheld under section 243(h) of such Act until
5 years after such withholding.
(2) CERTAIN PERMANENT RESIDENT ALIENS.—
An alien who—
(A) is lawfully admitted to the United
States for permanent residence under the Im-
migration and Nationality Act; and
653
(B)(i) has worked 40 qualifying quarters
of coverage as defined under title II of the So-
cial Security Act or can be credited with such
qualifying quarters as provided under section
4435, and (ii) did not receive any Federal
means-tested public benefit (as defined in sec-
tion 4403(c)) during any such quarter.
(3) VETERAN AND ACTIVE DUTY EXCEPTION.—
An alien who is lawfully residing in any State and
is—
(A) a veteran (as defined in section 101 of
title 38, United States Code) with a discharge
characterized as an honorable discharge and not
on account of alienage,
(B) on active duty (other than active duty
for training) in the Armed Forces of the United
States, or
(C) the spouse or unmarried dependent
child of an individual described in subparagraph
(A) or (B).
(4) TRANSITION FOR THOSE CURRENTLY RE-
CEIVING BENEFITS.—An alien who on the date of
the enactment of this Act is lawfully residing in any
State and is receiving benefits on the date of the en-
654
actment of this Act shall continue to be eligible to
receive such benefits until January 1, 1997.
(c) STATE PUBLIC BENEFITS DEFINED.—The term
‘‘State public benefits’’ means any means-tested public
benefit of a State or political subdivision of a State under
which the State or political subdivision specifies the stand-
ards for eligibility, and does not include any Federal public
benefit.
CHAPTER 3—ATTRIBUTION OF INCOME
AND AFFIDAVITS OF SUPPORT
SEC. 4421. FEDERAL ATTRIBUTION OF SPONSOR’S INCOME
AND RESOURCES TO ALIEN.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, in determining the eligibility and the amount
of benefits of an alien for any Federal means-tested public
benefits program (as defined in section 4403(c)), the in-
come and resources of the alien shall be deemed to include
the following:
(1) The income and resources of any person
who executed an affidavit of support pursuant to
section 213A of the Immigration and Nationality
Act (as added by section 4423) on behalf of such
alien.
(2) The income and resources of the spouse (if
any) of the person.
655
(b) APPLICATION.—Subsection (a) shall apply with
respect to an alien until such time as the alien—
(1) achieves United States citizenship through
naturalization pursuant to chapter 2 of title III of
the Immigration and Nationality Act; or
(2)(A) has worked 40 qualifying quarters of
coverage as defined under title II of the Social Secu-
rity Act or can be credited with such qualifying
quarters as provided under section 4435, and (B)
did not receive any Federal means-tested public ben-
efit (as defined in section 4403(c)) during any such
quarter.
(c) REVIEW OF INCOME AND RESOURCES OF ALIEN
UPON REAPPLICATION.—Whenever an alien is required to
reapply for benefits under any Federal means-tested pub-
lic benefits program, the applicable agency shall review the
income and resources attributed to the alien under sub-
section (a).
(d) APPLICATION.—
(1) If on the date of the enactment of this Act,
a Federal means-tested public benefits program at-
tributes a sponsor’s income and resources to an alien
in determining the alien’s eligibility and the amount
of benefits for an alien, this section shall apply to
656
any such determination beginning on the day after
the date of the enactment of this Act.
(2) If on the date of the enactment of this Act,
a Federal means-tested public benefits program does
not attribute a sponsor’s income and resources to an
alien in determining the alien’s eligibility and the
amount of benefits for an alien, this section shall
apply to any such determination beginning 180 days
after the date of the enactment of this Act.
SEC. 4422. AUTHORITY FOR STATES TO PROVIDE FOR AT-
TRIBUTION OF SPONSORS INCOME AND RE-
SOURCES TO THE ALIEN WITH RESPECT TO
STATE PROGRAMS.
(a) OPTIONAL APPLICATION TO STATE PROGRAMS.—
Except as provided in subsection (b), in determining the
eligibility and the amount of benefits of an alien for any
State public benefits (as defined in section 4412(c)), the
State or political subdivision that offers the benefits is au-
thorized to provide that the income and resources of the
alien shall be deemed to include—
(1) the income and resources of any individual
who executed an affidavit of support pursuant to
section 213A of the Immigration and Nationality
Act (as added by section 4423) on behalf of such
alien, and
657
(2) the income and resources of the spouse (if
any) of the individual.
(b) EXCEPTIONS.—Subsection (a) shall not apply
with respect to the following State public benefits:
(1) Emergency medical services.
(2) Short-term, non-cash, in-kind emergency
disaster relief.
(3) Programs comparable to assistance or bene-
fits under the National School Lunch Act.
(4) Programs comparable to assistance or bene-
fits under the Child Nutrition Act of 1966.
(5) Public health assistance for immunizations
with respect to immunizable diseases and for testing
and treatment of symptoms of communicable dis-
eases whether or not such symptoms are caused by
a communicable disease.
(6) Payments for foster care and adoption as-
sistance.
(7) Programs, services, or assistance (such as
soup kitchens, crisis counseling and intervention,
and short-term shelter) specified by the Attorney
General of a State, after consultation with appro-
priate agencies and departments, which (A) deliver
in-kind services at the community level, including
through public or private nonprofit agencies; (B) do
658
not condition the provision of assistance, the amount
of assistance provided, or the cost of assistance pro-
vided on the individual recipient’s income or re-
sources; and (C) are necessary for the protection of
life or safety.
SEC. 4423. REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF
SUPPORT.
(a) IN GENERAL.—Title II of the Immigration and
Nationality Act is amended by inserting after section 213
the following new section:
‘‘REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF SUPPORT
‘‘SEC. 213A. (a) ENFORCEABILITY.—(1) No affidavit
of support may be accepted by the Attorney General or
by any consular officer to establish that an alien is not
excludable as a public charge under section 212(a)(4) un-
less such affidavit is executed as a contract—
‘‘(A) which is legally enforceable against the
sponsor by the sponsored alien, the Federal Govern-
ment, and by any State (or any political subdivision
of such State) which provides any means-tested pub-
lic benefits program, but not later than 10 years
after the alien last receives any such benefit;
‘‘(B) in which the sponsor agrees to financially
support the alien, so that the alien will not become
a public charge; and
659
‘‘(C) in which the sponsor agrees to submit to
the jurisdiction of any Federal or State court for the
purpose of actions brought under subsection (e)(2).
‘‘(2) A contract under paragraph (1) shall be enforce-
able with respect to benefits provided to the alien until
such time as the alien achieves United States citizenship
through naturalization pursuant to chapter 2 of title III.
‘‘(b) FORMS.—Not later than 90 days after the date
of enactment of this section, the Attorney General, in con-
sultation with the Secretary of State and the Secretary
of Health and Human Services, shall formulate an affida-
vit of support consistent with the provisions of this sec-
tion.
‘‘(c) REMEDIES.—Remedies available to enforce an
affidavit of support under this section include any or all
of the remedies described in section 3201, 3203, 3204,
or 3205 of title 28, United States Code, as well as an
order for specific performance and payment of legal fees
and other costs of collection, and include corresponding
remedies available under State law. A Federal agency may
seek to collect amounts owed under this section in accord-
ance with the provisions of subchapter II of chapter 37
of title 31, United States Code.
‘‘(d) NOTIFICATION OF CHANGE OF ADDRESS.—
660
‘‘(1) IN
GENERAL.—The sponsor shall notify
the Attorney General and the State in which the
sponsored alien is currently resident within 30 days
of any change of address of the sponsor during the
period specified in subsection (a)(2).
‘‘(2) PENALTY.—Any person subject to the re-
quirement of paragraph (1) who fails to satisfy such
requirement shall be subject to a civil penalty of—
‘‘(A) not less than $250 or more than
$2,000, or
‘‘(B) if such failure occurs with knowledge
that the alien has received any means-tested
public benefit, not less than $2,000 or more
than $5,000.
‘‘(e) 
REIMBURSEMENT
OF
GOVERNMENT
EX-
PENSES.—(1)(A) Upon notification that a sponsored alien
has received any benefit under any means-tested public
benefits program, the appropriate Federal, State, or local
official shall request reimbursement by the sponsor in the
amount of such assistance.
‘‘(B) The Attorney General, in consultation with the
Secretary of Health and Human Services, shall prescribe
such regulations as may be necessary to carry out sub-
paragraph (A).
661
‘‘(2) If within 45 days after requesting reimburse-
ment, the appropriate Federal, State, or local agency has
not received a response from the sponsor indicating a will-
ingness to commence payments, an action may be brought
against the sponsor pursuant to the affidavit of support.
‘‘(3) If the sponsor fails to abide by the repayment
terms established by such agency, the agency may, within
60 days of such failure, bring an action against the spon-
sor pursuant to the affidavit of support.
‘‘(4) No cause of action may be brought under this
subsection later than 10 years after the alien last received
any benefit under any means-tested public benefits pro-
gram.
‘‘(5) If, pursuant to the terms of this subsection, a
Federal, State, or local agency requests reimbursement
from the sponsor in the amount of assistance provided,
or brings an action against the sponsor pursuant to the
affidavit of support, the appropriate agency may appoint
or hire an individual or other person to act on behalf of
such agency acting under the authority of law for purposes
of collecting any moneys owed. Nothing in this subsection
shall preclude any appropriate Federal, State, or local
agency from directly requesting reimbursement from a
sponsor for the amount of assistance provided, or from
662
bringing an action against a sponsor pursuant to an affi-
davit of support.
‘‘(f) DEFINITIONS.—For the purposes of this sec-
tion—
‘‘(1) SPONSOR.—The term ‘sponsor’ means an
individual who—
‘‘(A) is a citizen or national of the United
States or an alien who is lawfully admitted to
the United States for permanent residence;
‘‘(B) is 18 years of age or over;
‘‘(C) is domiciled in any of the 50 States
or the District of Columbia; and
‘‘(D) is the person petitioning for the ad-
mission of the alien under section 204.
‘‘(2) MEANS-TESTED
PUBLIC
BENEFITS
PRO-
GRAM.—The term ‘means-tested public benefits pro-
gram’ means a program of public benefits (including
cash, medical, housing, and food assistance and so-
cial services) of the Federal Government or of a
State or political subdivision of a State in which the
eligibility of an individual, household, or family eligi-
bility unit for benefits under the program, or the
amount of such benefits, or both are determined on
the basis of income, resources, or financial need of
the individual, household, or unit.’’.
663
(b) CLERICAL AMENDMENT.—The table of contents
of such Act is amended by inserting after the item relating
to section 213 the following:
‘‘Sec. 213A. Requirements for sponsor’s affidavit of support.’’.
(c) EFFECTIVE DATE.—Subsection (a) of section
213A of the Immigration and Nationality Act, as inserted
by subsection (a) of this section, shall apply to affidavits
of support executed on or after a date specified by the
Attorney General, which date shall be not earlier than 60
days (and not later than 90 days) after the date the Attor-
ney General formulates the form for such affidavits under
subsection (b) of such section.
(d) BENEFITS
NOT
SUBJECT
TO
REIMBURSE-
MENT.—Requirements for reimbursement by a sponsor for
benefits provided to a sponsored alien pursuant to an affi-
davit of support under section 213A of the Immigration
and Nationality Act shall not apply with respect to the
following:
(1) Emergency medical services under title XIX
of the Social Security Act.
(2) Short-term, non-cash, in-kind emergency
disaster relief.
(3) Assistance or benefits under the National
School Lunch Act.
(4) Assistance or benefits under the Child Nu-
trition Act of 1966.
664
(5) Public health assistance for immunizations
with respect to immunizable diseases and for testing
and treatment of symptoms of communicable dis-
eases whether or not such symptoms are caused by
a communicable disease.
(6) Payments for foster care and adoption as-
sistance under part B of title IV of the Social Secu-
rity Act for a child, but only if the foster or adoptive
parent or parents of such child are not otherwise in-
eligible pursuant to section 4403 of this Act.
(7) Programs, services, or assistance (such as
soup kitchens, crisis counseling and intervention,
and short-term shelter) specified by the Attorney
General, in the Attorney General’s sole and
unreviewable discretion after consultation with ap-
propriate Federal agencies and departments, which
(A) deliver in-kind services at the community level,
including through public or private nonprofit agen-
cies; (B) do not condition the provision of assistance,
the amount of assistance provided, or the cost of as-
sistance provided on the individual recipient’s in-
come or resources; and (C) are necessary for the
protection of life or safety.
665
(8) Programs of student assistance under titles
IV, V, IX, and X of the Higher Education Act of
1965.
(9) Benefits under the Head Start Act.
(10) Means-tested programs under the Elemen-
tary and Secondary Education Act of 1965.
(11) Benefits under the Job Training Partner-
ship Act.
CHAPTER 4—GENERAL PROVISIONS
SEC. 4431. DEFINITIONS.
(a) IN GENERAL.—Except as otherwise provided in
this subtitle, the terms used in this subtitle have the same
meaning given such terms in section 101(a) of the Immi-
gration and Nationality Act.
(b) QUALIFIED ALIEN.—For purposes of this sub-
title, the term ‘‘qualified alien’’ means an alien who, at
the time the alien applies for, receives, or attempts to re-
ceive a Federal public benefit, is—
(1) an alien who is lawfully admitted for perma-
nent residence under the Immigration and National-
ity Act,
(2) an alien who is granted asylum under sec-
tion 208 of such Act,
(3) a refugee who is admitted to the United
States under section 207 of such Act,
666
(4) an alien who is paroled into the United
States under section 212(d)(5) of such Act for a pe-
riod of at least 1 year,
(5) an alien whose deportation is being withheld
under section 243(h) of such Act, or
(6) an alien who is granted conditional entry
pursuant to section 203(a)(7) of such Act as in ef-
fect prior to April 1, 1980.
SEC. 4432. VERIFICATION OF ELIGIBILITY FOR FEDERAL
PUBLIC BENEFITS.
(a) IN GENERAL.—Not later than 18 months after
the date of the enactment of this Act, the Attorney Gen-
eral of the United States, after consultation with the Sec-
retary of Health and Human Services, shall promulgate
regulations requiring verification that a person applying
for a Federal public benefit (as defined in section
4401(c)), to which the limitation under section 4401 ap-
plies, is a qualified alien and is eligible to receive such
benefit. Such regulations shall, to the extent feasible, re-
quire that information requested and exchanged be similar
in form and manner to information requested and ex-
changed under section 1137 of the Social Security Act.
(b) STATE COMPLIANCE.—Not later than 24 months
after the date the regulations described in subsection (a)
are adopted, a State that administers a program that pro-
667
vides a Federal public benefit shall have in effect a ver-
ification system that complies with the regulations.
(c) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as may be
necessary to carry out the purpose of this section.
SEC. 4433. STATUTORY CONSTRUCTION.
(a) LIMITATION.—
(1) Nothing in this subtitle may be construed
as an entitlement or a determination of an individ-
ual’s eligibility or fulfillment of the requisite require-
ments for any Federal, State, or local governmental
program, assistance, or benefits. For purposes of
this subtitle, eligibility relates only to the general
issue of eligibility or ineligibility on the basis of
alienage.
(2) Nothing in this subtitle may be construed
as addressing alien eligibility for a basic public edu-
cation as determined by the Supreme Court of the
United States under Plyler v. Doe (457 U.S.
202)(1982).
(b) NOT APPLICABLE TO FOREIGN ASSISTANCE.—
This subtitle does not apply to any Federal, State, or local
governmental program, assistance, or benefits provided to
an alien under any program of foreign assistance as deter-
668
mined by the Secretary of State in consultation with the
Attorney General.
(c) SEVERABILITY.—If any provision of this subtitle
or the application of such provision to any person or cir-
cumstance is held to be unconstitutional, the remainder
of this subtitle and the application of the provisions of
such to any person or circumstance shall not be affected
thereby.
SEC. 4434. COMMUNICATION BETWEEN STATE AND LOCAL
GOVERNMENT AGENCIES AND THE IMMIGRA-
TION AND NATURALIZATION SERVICE.
Notwithstanding any other provision of Federal,
State, or local law, no State or local government entity
may be prohibited, or in any way restricted, from sending
to or receiving from the Immigration and Naturalization
Service information regarding the immigration status,
lawful or unlawful, of an alien in the United States.
SEC. 4435. QUALIFYING QUARTERS.
For purposes of this subtitle, in determining the
number of qualifying quarters of coverage under title II
of the Social Security Act an alien shall be credited with—
(1) all of the qualifying quarters of coverage as
defined under title II of the Social Security Act
worked by a parent of such alien while the alien was
under age 18 if the parent did not receive any Fed-
669
eral means-tested public benefit (as defined in sec-
tion 4403(c)) during any such quarter, and
(2) all of the qualifying quarters worked by a
spouse of such alien during their marriage if the
spouse did not receive any Federal means-tested
public benefit (as defined in section 4403(c)) during
any such quarter and the alien remains married to
such spouse or such spouse is deceased.
CHAPTER 5—CONFORMING AMENDMENTS
RELATING TO ASSISTED HOUSING
SEC. 4441. CONFORMING AMENDMENTS RELATING TO AS-
SISTED HOUSING.
(a) LIMITATIONS ON ASSISTANCE.—Section 214 of
the Housing and Community Development Act of 1980
(42 U.S.C. 1436a) is amended—
(1) by striking ‘‘Secretary of Housing and
Urban Development’’ each place it appears and in-
serting ‘‘applicable Secretary’’;
(2) in subsection (b), by inserting after ‘‘Na-
tional Housing Act,’’ the following: ‘‘the direct loan
program under section 502 of the Housing Act of
1949 or section 502(c)(5)(D), 504, 521(a)(2)(A), or
542 of such Act, subtitle A of title III of the Cran-
ston-Gonzalez National Affordable Housing Act,’’;
670
(3) in paragraphs (2) through (6) of subsection
(d), by striking ‘‘Secretary’’ each place it appears
and inserting ‘‘applicable Secretary’’;
(4) in subsection (d), in the matter following
paragraph (6), by striking ‘‘the term ‘Secretary’’’
and inserting ‘‘the term ‘applicable Secretary’’’; and
(5) by adding at the end the following new sub-
section:
‘‘(h) For purposes of this section, the term ‘applicable
Secretary’ means—
‘‘(1) the Secretary of Housing and Urban De-
velopment, with respect to financial assistance ad-
ministered by such Secretary and financial assist-
ance under subtitle A of title III of the Cranston-
Gonzalez National Affordable Housing Act; and
‘‘(2) the Secretary of Agriculture, with respect
to financial assistance administered by such Sec-
retary.’’.
(b) CONFORMING AMENDMENTS.—Section 501(h) of
the Housing Act of 1949 (42 U.S.C. 1471(h)) is amend-
ed—
(1) by striking ‘‘(1)’’;
(2) by striking ‘‘by the Secretary of Housing
and Urban Development’’; and
(3) by striking paragraph (2).
671
CHAPTER 6—EARNED INCOME CREDIT
DENIED TO UNAUTHORIZED EMPLOYEES
SEC. 4451. EARNED INCOME CREDIT DENIED TO INDIVID-
UALS NOT AUTHORIZED TO BE EMPLOYED IN
THE UNITED STATES.
(a) IN GENERAL.—Section 32(c)(1) of the Internal
Revenue Code of 1986 (relating to individuals eligible to
claim the earned income credit) is amended by adding at
the end the following new subparagraph:
‘‘(F) IDENTIFICATION NUMBER REQUIRE-
MENT.—The term ‘eligible individual’ does not
include any individual who does not include on
the return of tax for the taxable year—
‘‘(i) such individual’s taxpayer identi-
fication number, and
‘‘(ii) if the individual is married (with-
in the meaning of section 7703), the tax-
payer identification number of such indi-
vidual’s spouse.’’.
(b) SPECIAL IDENTIFICATION NUMBER.—Section 32
of such Code is amended by adding at the end the follow-
ing new subsection:
‘‘(l) IDENTIFICATION NUMBERS.—Solely for pur-
poses of subsections (c)(1)(F) and (c)(3)(D), a taxpayer
identification number means a social security number is-
672
sued to an individual by the Social Security Administra-
tion (other than a social security number issued pursuant
to clause (II) (or that portion of clause (III) that relates
to clause (II)) of section 205(c)(2)(B)(i) of the Social Se-
curity Act).’’.
(c) EXTENSION OF PROCEDURES APPLICABLE TO
MATHEMATICAL
OR
CLERICAL
ERRORS.—Section
6213(g)(2) of such Code (relating to the definition of
mathematical or clerical errors) is amended by striking
‘‘and’ at the end of subparagraph (D), by striking the pe-
riod at the end of subparagraph (E) and inserting a
comma, and by inserting after subparagraph (E) the fol-
lowing new subparagraphs:
‘‘(F) an omission of a correct taxpayer
identification number required under section 32
(relating to the earned income tax credit) to be
included on a return, and
‘‘(G) an entry on a return claiming the
credit under section 32 with respect to net
earnings from self-employment described in sec-
tion 32(c)(2)(A) to the extent the tax imposed
by section 1401 (relating to self-employment
tax) on such net earnings has not been paid.’’
673
(d) EFFECTIVE DATE.—The amendments made by
this section shall apply to taxable years beginning after
December 31, 1995.
Subtitle E—Reform of Public
Housing
SEC. 4601. FRAUD UNDER MEANS-TESTED WELFARE AND
PUBLIC ASSISTANCE PROGRAMS.
(a) IN GENERAL.—If an individual’s benefits under
a Federal, State, or local law relating to a means-tested
welfare or a public assistance program are reduced be-
cause of an act of fraud by the individual under the law
or program, the individual may not, for the duration of
the reduction, receive an increased benefit under any other
means-tested welfare or public assistance program for
which Federal funds are appropriated as a result of a de-
crease in the income of the individual (determined under
the applicable program) attributable to such reduction.
(b) WELFARE OR PUBLIC ASSISTANCE PROGRAMS
FOR WHICH FEDERAL FUNDS ARE APPROPRIATED.—For
purposes of subsection (a), the term ‘‘means-tested welfare
or public assistance program for which Federal funds are
appropriated’’ includes the food stamp program under the
Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), any
program of public or assisted housing under title I of the
United States Housing Act of 1937 (42 U.S.C. 1437 et
674
seq.), and State programs funded under part A of title
IV of the Social Security Act (42 U.S.C. 601 et seq.).
Subtitle F—Child Protection Block
Grant 
Programs 
and 
Foster
Care, Adoption Assistance, and
Independent Living Programs
CHAPTER 1—CHILD PROTECTION BLOCK
GRANT PROGRAM AND FOSTER CARE,
ADOPTION ASSISTANCE, AND INDE-
PENDENT LIVING PROGRAMS
Subchapter A—Block Grants to States for the
Protection of Children
SEC. 4701. ESTABLISHMENT OF PROGRAM.
Title IV of the Social Security Act (42 U.S.C. 601
et seq.) is amended by striking part B and inserting the
following:
‘‘PART B—BLOCK GRANTS TO STATES FOR THE
PROTECTION OF CHILDREN
‘‘SEC. 421. PURPOSE.
‘‘The purpose of this part is to enable eligible States
to carry out a child protection program to—
‘‘(1) identify and assist families at risk of abus-
ing or neglecting their children;
‘‘(2) operate a system for receiving reports of
abuse or neglect of children;
676
ship strategies between parents and professionals to
prevent and treat child abuse and neglect at the
neighborhood level.
‘‘SEC. 422. ELIGIBLE STATES.
‘‘(a) IN GENERAL.—As used in this part, the term
‘eligible State’ means a State that has submitted to the
Secretary, not later than October 1, 1996, and every 3
years thereafter, a plan which has been signed by the chief
executive officer of the State and that includes the follow-
ing:
‘‘(1) OUTLINE
OF
CHILD
PROTECTION
PRO-
GRAM.—A written document that outlines the activi-
ties the State intends to conduct to achieve the pur-
pose of this part, including the procedures to be
used for—
‘‘(A) receiving and assessing reports of
child abuse or neglect;
‘‘(B) investigating such reports;
‘‘(C) with respect to families in which
abuse or neglect has been confirmed, providing
services or referral for services for families and
children where the State makes a determination
that the child may safely remain with the fam-
ily;
677
‘‘(D) protecting children by removing them
from dangerous settings and ensuring their
placement in a safe environment;
‘‘(E) providing training for individuals
mandated to report suspected cases of child
abuse or neglect;
‘‘(F) protecting children in foster care;
‘‘(G) promoting timely adoptions;
‘‘(H) protecting the rights of families,
using adult relatives as the preferred placement
for children separated from their parents where
such relatives meet the relevant State child pro-
tection standards; and
‘‘(I) providing services to individuals, fami-
lies, or communities, either directly or through
referral, that are aimed at preventing the occur-
rence of child abuse and neglect.
‘‘(2) CERTIFICATION OF STATE LAW REQUIRING
THE REPORTING OF CHILD ABUSE AND NEGLECT.—
A certification that the State has in effect laws that
require public officials and other professionals to re-
port, in good faith, actual or suspected instances of
child abuse or neglect.
‘‘(3) CERTIFICATION
OF
PROCEDURES
FOR
SCREENING, SAFETY ASSESSMENT, AND PROMPT IN-
678
VESTIGATION.—A certification that the State has in
effect procedures for receiving and responding to re-
ports of child abuse or neglect, including the reports
described in paragraph (2), and for the immediate
screening, safety assessment, and prompt investiga-
tion of such reports.
‘‘(4) CERTIFICATION
OF
STATE
PROCEDURES
FOR REMOVAL AND PLACEMENT OF ABUSED OR NE-
GLECTED CHILDREN.—A certification that the State
has in effect procedures for the removal from fami-
lies and placement of abused or neglected children
and of any other child in the same household who
may also be in danger of abuse or neglect.
‘‘(5) CERTIFICATION OF PROVISIONS FOR IMMU-
NITY FROM PROSECUTION.—A certification that the
State has in effect laws requiring immunity from
prosecution under State and local laws and regula-
tions for individuals making good faith reports of
suspected or known instances of child abuse or ne-
glect.
‘‘(6) CERTIFICATION OF PROVISIONS AND PRO-
CEDURES
RELATING
TO
APPEALS.—A certification
that not later than 2 years after the date of the en-
actment of this part, the State shall have laws and
procedures in effect affording individuals an oppor-
679
tunity to appeal an official finding of abuse or ne-
glect.
‘‘(7) CERTIFICATION
OF
STATE
PROCEDURES
FOR DEVELOPING AND REVIEWING WRITTEN PLANS
FOR PERMANENT PLACEMENT OF REMOVED CHIL-
DREN.—A certification that the State has in effect
procedures for ensuring that a written plan is pre-
pared for children who have been removed from their
families. Such plan shall specify the goals for achiev-
ing a permanent placement for the child in a timely
fashion, for ensuring that the written plan is re-
viewed every 6 months (until such placement is
achieved), and for ensuring that information about
such children is collected regularly and recorded in
case records, and include a description of such pro-
cedures.
‘‘(8) CERTIFICATION OF STATE PROGRAM TO
PROVIDE INDEPENDENT LIVING SERVICES.—A cer-
tification that the State has in effect a program to
provide independent living services, for assistance in
making the transition to self-sufficient adulthood, to
individuals in the child protection program of the
State who are 16, but who are not 20 (or, at the op-
tion of the State, 22), years of age, and who do not
have a family to which to be returned.
680
‘‘(9) CERTIFICATION
OF
STATE
PROCEDURES
TO RESPOND TO REPORTING OF MEDICAL NEGLECT
OF DISABLED INFANTS.—
‘‘(A) IN
GENERAL.—A certification that
the State has in place for the purpose of re-
sponding to the reporting of medical neglect of
infants (including instances of withholding of
medically indicated treatment from disabled in-
fants with life-threatening conditions), proce-
dures or programs, or both (within the State
child protective services system), to provide
for—
‘‘(i) coordination and consultation
with individuals designated by and within
appropriate health-care facilities;
‘‘(ii) prompt notification by individ-
uals designated by and within appropriate
health-care facilities of cases of suspected
medical neglect (including instances of
withholding of medically indicated treat-
ment from disabled infants with life-threat-
ening conditions); and
‘‘(iii) authority, under State law, for
the State child protective service to pursue
any legal remedies, including the authority
681
to initiate legal proceedings in a court of
competent jurisdiction, as may be nec-
essary to prevent the withholding of medi-
cally indicated treatment from disabled in-
fants with life-threatening conditions.
‘‘(B) WITHHOLDING OF MEDICALLY INDI-
CATED TREATMENT.—As used in subparagraph
(A), the term ‘withholding of medically indi-
cated treatment’ means the failure to respond
to the infant’s life-threatening conditions by
providing treatment (including appropriate nu-
trition, hydration, and medication) which, in the
treating physician’s or physicians’ reasonable
medical judgment, will be most likely to be ef-
fective in ameliorating or correcting all such
conditions, except that such term does not in-
clude the failure to provide treatment (other
than appropriate nutrition, hydration, or medi-
cation) to an infant when, in the treating physi-
cian’s or physicians’ reasonable medical judg-
ment—
‘‘(i) the infant is chronically and irre-
versibly comatose;
‘‘(ii) the provision of such treatment
would—
682
‘‘(I) merely prolong dying;
‘‘(II) not be effective in amelio-
rating or correcting all of the infant’s
life-threatening conditions; or
‘‘(III) otherwise be futile in
terms of the survival of the infant; or
‘‘(iii) the provision of such treatment
would be virtually futile in terms of the
survival of the infant and the treatment it-
self under such circumstances would be in-
humane.
‘‘(10) IDENTIFICATION OF CHILD PROTECTION
GOALS.—The quantitative goals of the State child
protection program.
‘‘(11) CERTIFICATION OF CHILD PROTECTION
STANDARDS.—With respect to fiscal years beginning
on or after April 1, 1996, a certification that the
State—
‘‘(A) has completed an inventory of all
children who, before the inventory, had been in
foster care under the responsibility of the State
for 6 months or more, which determined—
‘‘(i) the appropriateness of, and neces-
sity for, the foster care placement;
683
‘‘(ii) whether the child could or should
be returned to the parents of the child or
should be freed for adoption or other per-
manent placement; and
‘‘(iii) the services necessary to facili-
tate the return of the child or the place-
ment of the child for adoption or legal
guardianship;
‘‘(B) is operating, to the satisfaction of the
Secretary—
‘‘(i) a statewide information system
from which can be readily determined the
status, demographic characteristics, loca-
tion, and goals for the placement of every
child who is (or, within the immediately
preceding 12 months, has been) in foster
care;
‘‘(ii) a case review system for each
child receiving foster care under the super-
vision of the State;
‘‘(iii) a service program designed to
help children—
‘‘(I) where appropriate, return to
families from which they have been
removed; or
684
‘‘(II) be placed for adoption, with
a legal guardian, or if adoption or
legal guardianship is determined not
to be appropriate for a child, in some
other planned, permanent living ar-
rangement; and
‘‘(iv) a preplacement preventive serv-
ices program designed to help children at
risk for foster care placement remain with
their families; and
‘‘(C)(i) has reviewed (or not later than Oc-
tober 1, 1997, will review) State policies and
administrative and judicial procedures in effect
for children abandoned at or shortly after birth
(including policies and procedures providing for
legal representation of such children); and
‘‘(ii) is implementing (or not later than Oc-
tober 1, 1997, will implement) such policies and
procedures as the State determines, on the
basis of the review described in clause (i), to be
necessary to enable permanent decisions to be
made expeditiously with respect to the place-
ment of such children.
‘‘(12) CERTIFICATION
OF
REASONABLE
EF-
FORTS BEFORE PLACEMENT OF CHILDREN IN FOS-
685
TER CARE.—A certification that the State in each
case will—
‘‘(A) make reasonable efforts prior to the
placement of a child in foster care, to prevent
or eliminate the need for removal of the child
from the child’s home, and to make it possible
for the child to return home; and
‘‘(B) with respect to families in which
abuse or neglect has been confirmed, provide
services or referral for services for families and
children where the State makes a determination
that the child may safely remain with the fam-
ily.
‘‘(13) CERTIFICATION
OF
COOPERATIVE
EF-
FORTS.—A certification by the State, where appro-
priate, that all steps will be taken, including cooper-
ative efforts with the State agencies administering
the plans approved under parts A and D, to secure
an assignment to the State of any rights to support
on behalf of each child receiving foster care mainte-
nance payments under part E.
‘‘(14) CERTIFICATION
OF
CONFIDENTIALITY
AND
REQUIREMENTS
FOR
INFORMATION
DISCLO-
SURE.—
686
‘‘(A) IN
GENERAL.—A certification that
the State has in effect and operational—
‘‘(i) requirements ensuring that re-
ports and records made and maintained
pursuant to the purposes of this part shall
only be made available to—
‘‘(I) individuals who are the sub-
ject of the report;
‘‘(II) Federal, State, or local gov-
ernment entities, or any agent of such
entities, having a need for such infor-
mation in order to carry out their re-
sponsibilities under law to protect
children from abuse and neglect;
‘‘(III) child abuse citizen review
panels;
‘‘(IV) child fatality review panels;
‘‘(V) a grand jury or court, upon
a finding that information in the
record is necessary for the determina-
tion of an issue before the court or
grand jury; and
‘‘(VI) other entities or classes of
individuals statutorily authorized by
the State to receive such information
687
pursuant to a legitimate State pur-
pose; and
‘‘(ii) provisions that allow for public
disclosure of the findings or information
about cases of child abuse or neglect that
have resulted in a child fatality or near fa-
tality.
‘‘(B) LIMITATION.—Disclosures made pur-
suant to clause (i) or (ii) shall not include the
identifying information concerning the individ-
ual initiating a report or complaint alleging sus-
pected instances of child abuse or neglect.
‘‘(C) DEFINITION.—For purposes of this
paragraph, the term ‘near fatality’ means an
act that, as certified by a physician, places the
child in serious or critical condition.
‘‘(b) DETERMINATIONS.—The Secretary shall deter-
mine whether a plan submitted pursuant to subsection (a)
contains the material required by subsection (a), other
than the material described in paragraph (9) of such sub-
section. The Secretary may not require a State to include
in such a plan any material not described in subsection
(a).
‘‘SEC. 423. GRANTS TO STATES FOR CHILD PROTECTION.
‘‘(a) FUNDING OF BLOCK GRANTS.—
688
‘‘(1) ENTITLEMENT COMPONENT.—
‘‘(A) ELIGIBLE
STATES.—Each eligible
State shall be entitled to receive from the Sec-
retary for each fiscal year specified in sub-
section (b)(1) a grant in an amount equal to
the State share of 99 percent of the child pro-
tection amount for the fiscal year.
‘‘(B) INDIAN TRIBES AND TRIBAL ORGANI-
ZATIONS.—The Secretary shall reserve for pay-
ments to Indian tribes (as defined in section
658P(7) of the Child Care and Development
Block Grant Act of 1990) and tribal organiza-
tions (as defined in section 658P(14) of such
Act) for each fiscal year specified in subsection
(b)(1) an amount equal to 1 percent of the
child protection amount for the fiscal year.
‘‘(2) AUTHORIZATION COMPONENT.—
‘‘(A) IN GENERAL.—
‘‘(i) ELIGIBLE STATES.—For each eli-
gible State for each fiscal year specified in
subsection (b)(1), the Secretary shall sup-
plement the grant under paragraph (1)(A)
of this subsection by an amount equal to
the State share of 99.64 percent of the
amount (if any) appropriated pursuant to
689
subparagraph (B) of this paragraph for
the fiscal year.
‘‘(ii) INDIAN TRIBES AND TRIBAL OR-
GANIZATIONS.—The Secretary shall sup-
plement the amount reserved for payments
pursuant to paragraph (1)(B) of this sub-
section for each fiscal year specified in
subsection (b)(1), by an amount equal to
0.36 percent of the amount (if any) appro-
priated pursuant to subparagraph (B) of
this paragraph for the fiscal year.
‘‘(B) LIMITATION ON AUTHORIZATION OF
APPROPRIATIONS.—For grants under subpara-
graph (A), there are authorized to be appro-
priated to the Secretary an amount not to ex-
ceed $325,000,000 for each fiscal year specified
in subsection (b)(1).
‘‘(b) DEFINITIONS.—As used in this section:
‘‘(1) CHILD PROTECTION AMOUNT.—The term
‘child protection amount’ means—
‘‘(A) $240,000,000 for fiscal year 1997;
‘‘(B) $255,000,000 for fiscal year 1998;
‘‘(C) $262,000,000 for fiscal year 1999;
‘‘(D) $270,000,000 for fiscal year 2000;
690
‘‘(E) $278,000,000 for fiscal year 2001;
and
‘‘(F) $286,000,000 for fiscal year 2002;
‘‘(2) STATE SHARE.—
‘‘(A) IN
GENERAL.—The term ‘State
share’ means the qualified child protection ex-
penses of the State divided by the sum of the
qualified child protection expenses of all of the
States.
‘‘(B) QUALIFIED CHILD PROTECTION EX-
PENSES.—The term ‘qualified child protection
expenses’ means, with respect to a State the
greater of—
‘‘(i) the total amount of one-third of
the Federal grant amounts to the State
under the provisions of law specified in
clauses (i) and (ii) of subparagraph (C) for
fiscal years 1992, 1993, and 1994; or
‘‘(ii) the total amount of the Federal
grant amounts to the State under the pro-
visions of law specified in clauses (i) and
(ii) of subparagraph (C) for fiscal year
1994.
‘‘(C) PROVISIONS OF LAW.—The provisions
of law specified in this subparagraph are the
691
following (as in effect with respect to each of
the fiscal years referred to in subparagraph
(B)):
‘‘(i) Section 423 of this Act.
‘‘(ii) Section 434 of this Act.
‘‘(D) 
DETERMINATION
OF
INFORMA-
TION.—In determining amounts for fiscal years
1992, 1993, and 1994 under clauses (i) and (ii)
of subparagraph (B), the Secretary shall use in-
formation listed as actual amounts in the Jus-
tification for Estimates for Appropriation Com-
mittees of the Administration for Children and
Families for fiscal years 1994, 1995, and 1996,
respectively.
‘‘(c) USE OF GRANT.—
‘‘(1) IN GENERAL.—A State to which a grant
is made under this section may use the grant in any
manner that the State deems appropriate to accom-
plish the purpose of this part.
‘‘(2) TIMING OF EXPENDITURES.—A State to
which a grant is made under this section for a fiscal
year shall expend the total amount of the grant not
later than the end of the immediately succeeding fis-
cal year.
692
‘‘(3) RULE
OF
INTERPRETATION.—This part
shall not be interpreted to prohibit short- and long-
term foster care facilities operated for profit from
receiving funds provided under this part or part E.
‘‘(4) PROHIBITION AGAINST USE OF FUNDS FOR
FOSTER CARE MAINTENANCE OR ADOPTION ASSIST-
ANCE PAYMENTS.—Funds provided under this part
shall not be used to make foster care maintenance
payments or adoption assistance payments under
any State plan approved under part E.
‘‘(d) TIMING OF PAYMENTS.—The Secretary shall
pay each eligible State the amount of the grant payable
to the State under this section in quarterly installments.
‘‘(e) PENALTIES.—
‘‘(1) FOR
USE
OF
GRANT
IN
VIOLATION
OF
THIS
PART.—If an audit conducted pursuant to
chapter 75 of title 31, United States Code, finds
that an amount paid to a State under this section
for a fiscal year has been used in violation of this
part, then the Secretary shall reduce the amount of
the grant that would (in the absence of this para-
graph) be payable to the State under this section
for the immediately succeeding fiscal year by the
amount so used, plus 5 percent of the grant paid
under this section to the State for such fiscal year.
693
‘‘(2) FOR FAILURE TO MAINTAIN EFFORT.—
‘‘(A) IN GENERAL.—If an audit conducted
pursuant to chapter 75 of title 31, United
States Code, finds that the amount expended by
a State (other than from amounts provided by
the Federal Government) during the fiscal years
specified in subparagraph (B), to carry out the
State program funded under this part is less
than the applicable percentage specified in such
subparagraph of the total amount expended by
the State (other than from amounts provided by
the Federal Government) during fiscal year
1994 under part B of this title (as in effect on
the day before the date of the enactment of this
part), then the Secretary shall reduce the
amount of the grant that would (in the absence
of this paragraph) be payable to the State
under this section for the immediately succeed-
ing fiscal year by the amount of the difference,
plus 5 percent of the grant paid under this sec-
tion to the State for such fiscal year.
‘‘(B) SPECIFICATION
OF
FISCAL
YEARS
AND
APPLICABLE
PERCENTAGES.—The fiscal
years and applicable percentages specified in
this subparagraph are as follows:
694
‘‘(i) For fiscal years 1997 and 1998,
100 percent.
‘‘(ii) For fiscal years 1999 through
2002, 75 percent.
‘‘(3) FOR FAILURE TO SUBMIT REQUIRED RE-
PORT.—
‘‘(A) IN
GENERAL.—The Secretary shall
reduce by 3 percent the amount of the grant
that would (in the absence of this paragraph)
be payable to a State under this section for a
fiscal year if the Secretary determines that the
State has not submitted the report required by
section 424 for the immediately preceding fiscal
year, within 6 months after the end of the im-
mediately preceding fiscal year.
‘‘(B) RESCISSION OF PENALTY.—The Sec-
retary shall rescind a penalty imposed on a
State under subparagraph (A) with respect to a
report for a fiscal year if the State submits the
report before the end of the immediately suc-
ceeding fiscal year.
‘‘(4) STATE FUNDS TO REPLACE REDUCTIONS
IN GRANT.—A State which has a penalty imposed
against it under this subsection for a fiscal year
shall expend additional State funds in an amount
695
equal to the amount of the penalty for the purpose
of carrying out the State program under this part
during the immediately succeeding fiscal year.
‘‘(5) REASONABLE CAUSE EXCEPTION.—Except
in the case of the penalty described in paragraph
(2), the Secretary may not impose a penalty on a
State under this subsection with respect to a re-
quirement if the Secretary determines that the State
has reasonable cause for failing to comply with the
requirement.
‘‘(6) CORRECTIVE COMPLIANCE PLAN.—
‘‘(A) IN GENERAL.—
‘‘(i) NOTIFICATION OF VIOLATION.—
Before imposing a penalty against a State
under this subsection with respect to a vio-
lation of this part, the Secretary shall no-
tify the State of the violation and allow the
State the opportunity to enter into a cor-
rective compliance plan in accordance with
this paragraph which outlines how the
State will correct the violation and how the
State will insure continuing compliance
with this part.
‘‘(ii) 60-DAY PERIOD TO PROPOSE A
CORRECTIVE COMPLIANCE PLAN.—During
696
the 60-day period that begins on the date
the State receives a notice provided under
clause (i) with respect to a violation, the
State may submit to the Federal Govern-
ment a corrective compliance plan to cor-
rect the violation.
‘‘(iii) CONSULTATION
ABOUT
MODI-
FICATIONS.—During the 60-day period
that begins with the date the Secretary re-
ceives a corrective compliance plan submit-
ted by a State in accordance with clause
(ii), the Secretary may consult with the
State on modifications to the plan.
‘‘(iv) ACCEPTANCE OF PLAN.—A cor-
rective compliance plan submitted by a
State in accordance with clause (ii) is
deemed to be accepted by the Secretary if
the Secretary does not accept or reject the
plan during the 60-day period that begins
on the date the plan is submitted.
‘‘(B) EFFECT
OF
CORRECTING
VIOLA-
TION.—The Secretary may not impose any pen-
alty under this subsection with respect to any
violation covered by a State corrective compli-
697
ance plan accepted by the Secretary if the State
corrects the violation pursuant to the plan.
‘‘(C) EFFECT
OF
FAILING
TO
CORRECT
VIOLATION.—The Secretary shall assess some
or all of a penalty imposed on a State under
this subsection with respect to a violation if the
State does not, in a timely manner, correct the
violation pursuant to a State corrective compli-
ance plan accepted by the Secretary.
‘‘(7) LIMITATION ON AMOUNT OF PENALTY.—
‘‘(A) IN GENERAL.—In imposing the pen-
alties described in this subsection, the Secretary
shall not reduce any quarterly payment to a
State by more than 25 percent.
‘‘(B) CARRYFORWARD
OF
UNRECOVERED
PENALTIES.—To the extent that subparagraph
(A) prevents the Secretary from recovering dur-
ing a fiscal year the full amount of all penalties
imposed on a State under this subsection for a
prior fiscal year, the Secretary shall apply any
remaining amount of such penalties to the
grant payable to the State under subsection (a)
for the immediately succeeding fiscal year.
‘‘(f) TREATMENT OF TERRITORIES.—
698
‘‘(1) IN GENERAL.—A territory, as defined in
section 1108(b)(1), shall carry out a child protection
program in accordance with the provisions of this
part.
‘‘(2) PAYMENTS.—Subject to the mandatory
ceiling amounts specified in section 1108, each terri-
tory, as so defined, shall be entitled to receive from
the Secretary for any fiscal year an amount equal to
the total obligations to the territory under section
434 (as in effect on the day before the date of the
enactment of this part) for fiscal year 1995.
‘‘(g) LIMITATION ON FEDERAL AUTHORITY.—Except
as expressly provided in this Act, the Secretary may not
regulate the conduct of States under this part or enforce
any provision of this part.
‘‘SEC. 424. DATA COLLECTION AND REPORTING.
‘‘(a) NATIONAL CHILD ABUSE AND NEGLECT DATA
SYSTEM.—The Secretary shall establish a national data
collection and analysis program—
‘‘(1) which, to the extent practicable, coordi-
nates existing State child abuse and neglect reports
and which shall include—
‘‘(A) standardized data on substantiated,
as well as false, unfounded, or unsubstantiated
reports; and
699
‘‘(B) information on the number of deaths
due to child abuse and neglect; and
‘‘(2) which shall collect, compile, analyze, and
make available State child abuse and neglect report-
ing information which, to the extent practical, is uni-
versal and case-specific and integrated with other
case-based foster care and adoption data collected by
the Secretary.
‘‘(b) ADOPTION AND FOSTER CARE AND ANALYSIS
AND REPORTING SYSTEMS.—The Secretary shall imple-
ment a system for the collection of data relating to adop-
tion and foster care in the United States. Such data collec-
tion system shall—
‘‘(1) avoid unnecessary diversion of resources
from agencies responsible for adoption and foster
care;
‘‘(2) assure that any data that is collected is re-
liable and consistent over time and among jurisdic-
tions through the use of uniform definitions and
methodologies;
‘‘(3) provide comprehensive national informa-
tion with respect to—
‘‘(A) the demographic characteristics of
adoptive and foster children and their biological
and adoptive or foster parents;
701
if the addition of such information is agreed to by a major-
ity of the States.
‘‘(d) ANNUAL REPORT BY THE SECRETARY.—Not
later than 6 months after the end of each fiscal year, the
Secretary shall prepare a report based on information pro-
vided by the States for the fiscal year pursuant to this
section, and shall make the report and such information
available to the Congress and the public.
‘‘SEC. 425. FUNDING FOR STUDIES OF CHILD WELFARE.
‘‘(a) NATIONAL RANDOM SAMPLE STUDY OF CHILD
WELFARE.—There are authorized to be appropriated and
there are appropriated to the Secretary for each of fiscal
years 1996 through 2002—
‘‘(1) $6,000,000 to conduct a national study
based on random samples of children who are at risk
of child abuse or neglect, or are determined by
States to have been abused or neglected under sec-
tion 208 of the Child and Family Services Block
Grant Act of 1996; and
‘‘(2) $10,000,000 for such other research as
may be necessary under such section.
‘‘(b) ASSESSMENT OF STATE COURTS IMPROVEMENT
OF HANDLING OF PROCEEDINGS RELATING TO FOSTER
CARE AND ADOPTION.—There are authorized to be appro-
priated and there are appropriated to the Secretary for
702
each of fiscal years 1996 through 1998 $10,000,000 for
the purpose of carrying out section 13712 of the Omnibus
Budget Reconciliation Act of 1993 (42 U.S.C. 670 note).
All funds appropriated under this subsection shall be ex-
pended not later than September 30, 1999.
‘‘SEC. 426. DEFINITIONS.
‘‘For purposes of this part and part E, the following
definitions shall apply:
‘‘(1) ADMINISTRATIVE REVIEW.—The term ‘ad-
ministrative review’ means a review open to the par-
ticipation of the parents of the child, conducted by
a panel of appropriate persons at least one of whom
is not responsible for the case management of, or
the delivery of services to, either the child or the
parents who are the subject of the review.
‘‘(2) ADOPTION ASSISTANCE AGREEMENT.—The
term ‘adoption assistance agreement’ means a writ-
ten agreement, binding on the parties to the agree-
ment, between the State, other relevant agencies,
and the prospective adoptive parents of a minor
child which at a minimum—
‘‘(A) specifies the nature and amount of
any payments, services, and assistance to be
provided under such agreement; and
703
‘‘(B) stipulates that the agreement shall
remain in effect regardless of the State of
which the adoptive parents are residents at any
given time.
The agreement shall contain provisions for the pro-
tection (under an interstate compact approved by
the Secretary or otherwise) of the interests of the
child in cases where the adoptive parents and child
move to another State while the agreement is effec-
tive.
‘‘(3) CASE PLAN.—The term ‘case plan’ means
a written document which includes at least the fol-
lowing:
‘‘(A) A description of the type of home or
institution in which a child is to be placed, in-
cluding a discussion of the appropriateness of
the placement and how the agency which is re-
sponsible for the child plans to carry out the
voluntary placement agreement entered into or
judicial determination made with respect to the
child in accordance with section 472(a)(1).
‘‘(B) A plan for assuring that the child re-
ceives proper care and that services are pro-
vided to the parents, child, and foster parents
in order to improve the conditions in the par-
704
ents’ home, facilitate return of the child to his
or her own home or the permanent placement
of the child, and address the needs of the child
while in foster care, including a discussion of
the appropriateness of the services that have
been provided to the child under the plan.
‘‘(C) To the extent available and acces-
sible, the health and education records of the
child, including—
‘‘(i) the names and addresses of the
child’s health and educational providers;
‘‘(ii) the child’s grade level perform-
ance;
‘‘(iii) the child’s school record;
‘‘(iv) assurances that the child’s place-
ment in foster care takes into account
proximity to the school in which the child
is enrolled at the time of placement;
‘‘(v) a record of the child’s immuniza-
tions;
‘‘(vi) the child’s known medical prob-
lems;
‘‘(vii) the child’s medications; and
705
‘‘(viii) any other relevant health and
education information concerning the child
determined to be appropriate by the State.
Where appropriate, for a child age 16 or over,
the case plan must also include a written de-
scription of the programs and services which
will help such child prepare for the transition
from foster care to independent living.
‘‘(4) CASE REVIEW SYSTEM.—The term ‘case
review system’ means a procedure for assuring
that—
‘‘(A) each child has a case plan designed to
achieve placement in the least restrictive (most
family-like) and most appropriate setting avail-
able and in close proximity to the parents’
home, consistent with the best interests and
special needs of the child, which—
‘‘(i) if the child has been placed in a
foster family home or child-care institution
a substantial distance from the home of
the parents of the child, or in a State dif-
ferent from the State in which such home
is located, sets forth the reasons why such
placement is in the best interests of the
child; and
706
‘‘(ii) if the child has been placed in
foster care outside the State in which the
home of the parents of the child is located,
requires that, periodically, but not less fre-
quently than every 12 months, a case-
worker on the staff of the State in which
the home of the parents of the child is lo-
cated, or of the State in which the child
has been placed, visit such child in such
home or institution and submit a report on
such visit to the State in which the home
of the parents of the child is located;
‘‘(B) the status of each child is reviewed
periodically but no less frequently than once
every 6 months by either a court or by adminis-
trative review (as defined in paragraph (1)) in
order to determine the continuing necessity for
and appropriateness of the placement, the ex-
tent of compliance with the case plan, and the
extent of progress which has been made toward
alleviating or mitigating the causes necessitat-
ing placement in foster care, and to project a
likely date by which the child may be returned
to the home or placed for adoption or legal
guardianship;
707
‘‘(C) with respect to each such child, pro-
cedural safeguards will be applied, among other
things, to assure each child in foster care under
the supervision of the State of a dispositional
hearing to be held, in a family or juvenile court
or another court (including a tribal court) of
competent jurisdiction, or by an administrative
body appointed or approved by the court, no
later than 18 months after the original place-
ment (and not less frequently than every 12
months thereafter during the continuation of
foster care), which hearing shall determine the
future status of the child (including whether the
child should be returned to the parent, should
be continued in foster care for a specified pe-
riod, should be placed for adoption, or should
(because of the child’s special needs or cir-
cumstances) be continued in foster care on a
permanent or long-term basis) and, in the case
of a child described in subparagraph (A)(ii),
whether the out-of-State placement continues to
be appropriate and in the best interests of the
child, and, in the case of a child who has at-
tained age 16, the services needed to assist the
child to make the transition from foster care to
708
independent living; and procedural safeguards
shall also be applied with respect to parental
rights pertaining to the removal of the child
from the home of his parents, to a change in
the child’s placement, and to any determination
affecting visitation privileges of parents; and
‘‘(D) a child’s health and education record
(as described in paragraph (3)(C)) is reviewed
and updated, and supplied to the foster parent
or foster care provider with whom the child is
placed, at the time of each placement of the
child in foster care.
‘‘(5) CHILD-CARE
INSTITUTION.—The term
‘child-care institution’ means a private child-care in-
stitution, or a public child-care institution which ac-
commodates no more than 25 children, which is li-
censed by the State in which it is situated or has
been approved, by the agency of such State respon-
sible for licensing or approval of institutions of this
type, as meeting the standards established for such
licensing, but the term shall not include detention
facilities, forestry camps, training schools, or any
other facility operated primarily for the detention of
children who are determined to be delinquent.
709
‘‘(6) 
FOSTER
CARE
MAINTENANCE
PAY-
MENTS.—
‘‘(A) IN GENERAL.—The term ‘foster care
maintenance payments’ means payments to
cover the cost of (and the cost of providing)
food, clothing, shelter, daily supervision, school
supplies, a child’s personal incidentals, liability
insurance with respect to a child, and reason-
able travel to the child’s home for visitation. In
the case of institutional care, such term shall
include the reasonable costs of administration
and operation of such institution as are nec-
essarily required to provide the items described
in the preceding sentence.
‘‘(B) SPECIAL RULE.—In cases where—
‘‘(i) a child placed in a foster family
home or child-care institution is the parent
of a son or daughter who is in the same
home or institution; and
‘‘(ii) payments described in subpara-
graph (A) are being made under this part
with respect to such child,
the foster care maintenance payments made
with respect to such child as otherwise deter-
mined under subparagraph (A) shall also in-
710
clude such amounts as may be necessary to
cover the cost of the items described in that
subparagraph with respect to such son or
daughter.
‘‘(7) FOSTER FAMILY HOME.—The term ‘foster
family home’ means a foster family home for chil-
dren which is licensed by the State in which it is sit-
uated or has been approved, by the agency of such
State having responsibility for licensing homes of
this type, as meeting the standards established for
such licensing.
‘‘(8) PARENTS.—The term ‘parents’ means bio-
logical or adoptive parents or legal guardians, as de-
termined by applicable State law.
‘‘(9) STATE.—The term ‘State’ means the 50
States and the District of Columbia.
‘‘(10) VOLUNTARY
PLACEMENT.—The term
‘voluntary placement’ means an out-of-home place-
ment of a minor, by or with participation of the
State, after the parents or guardians of the minor
have requested the assistance of the State and
signed a voluntary placement agreement.
‘‘(11) VOLUNTARY PLACEMENT AGREEMENT.—
The term ‘voluntary placement agreement’ means a
written agreement, binding on the parties to the
711
agreement, between the State, any other agency act-
ing on its behalf, and the parents or guardians of a
minor child which specifies, at a minimum, the legal
status of the child and the rights and obligations of
the parents or guardians, the child, and the agency
while the child is in placement.’’.
SEC. 4702. CONFORMING AMENDMENTS.
(a) AMENDMENTS TO PART D OF TITLE IV OF THE
SOCIAL SECURITY ACT.—
(1) Section 452(a)(10)(C) of the Social Security
Act (42 U.S.C. 652(a)(10)(C)), as amended by sec-
tion 4108(b)(2) of this Act, is amended by striking
‘‘or under section 471(a)(17),’’.
(2) Section 452(g)(2)(A) of such Act (42
U.S.C. 652(g)(2)(A)), as amended by paragraphs
(6) and (7) of section 4108(b) of this Act, is amend-
ed by inserting ‘‘or benefits or services for foster
care maintenance were being provided under the
State program funded under part E’’ after ‘‘part A’’
each place it appears.
(3) Section 466(a)(3)(B) of such Act (42
U.S.C. 666(a)(3)(B)), as amended by section
4108(b)(14) of this Act, is amended by striking ‘‘or
471(a)(17)’’.
712
(b) AMENDMENT TO SECTION 9442 OF THE OMNI-
BUS BUDGET RECONCILIATION ACT OF 1986.—Section
9442(4) of the Omnibus Budget Reconciliation Act of
1986 (42 U.S.C. 679a(4)) is amended by inserting ‘‘(as
in effect before October 1, 1995)’’ after ‘‘Act’’.
(c) REDESIGNATION AND AMENDMENTS OF SECTION
1123.—
(1) REDESIGNATION.—The Social Security Act
is amended by redesignating section 1123, the sec-
ond place it appears (42 U.S.C. 1320a–1a), as sec-
tion 1123A.
(2) AMENDMENTS.—Section 1123A of such
Act, as so redesignated, is amended in subsection
(a)—
(A) by striking ‘‘The Secretary’’ and in-
serting ‘‘Notwithstanding section 423(g), the
Secretary’’; and
(B) in paragraph (2), by inserting ‘‘under
this section’’ after ‘‘promulgated’’.
Subchapter B—Foster Care, Adoption Assist-
ance, and Independent Living Programs
SEC. 4711. CONFORMING AMENDMENTS TO PART E OF
TITLE IV.
(a) PURPOSE; APPROPRIATION.—Section 470 of the
Social Security Act (42 U.S.C 670) is amended—
713
(1) by amending the heading to read as follows:
‘‘SEC. 470. PURPOSE; APPROPRIATION.’’; and
(2) in the second sentence, by striking ‘‘this
part’’ and inserting ‘‘section 422’’.
(b) STATE PLAN FOR FOSTER CARE AND ADOPTION
ASSISTANCE.—Section 471 of such Act (42 U.S.C. 671)
is amended to read as follows:
‘‘SEC. 471. ELIGIBLE STATES.
‘‘In order for a State to be eligible for payments
under this part, the State shall have submitted to the Sec-
retary a plan which satisfies the requirements of section
422.’’.
(c) FOSTER CARE MAINTENANCE PAYMENTS PRO-
GRAM.—Section 472 of such Act (42 U.S.C. 672) is
amended to read as follows:
‘‘SEC. 472. REQUIREMENTS FOR FOSTER CARE MAINTE-
NANCE PAYMENTS.
‘‘(a) IN GENERAL.—Each State operating a program
under this part shall make foster care maintenance pay-
ments, as defined in section 426(6) with respect to a child
who would meet the requirements of section 406(a) (as
in effect on the day before the date of the enactment of
the Personal Responsibility and Work Opportunity Act of
1996) or of section 407 (as so in effect) but for the re-
714
moval of the child from the home of a relative (specified
in section 406(a) (as so in effect)), if—
‘‘(1) the removal from the home occurred pur-
suant to a voluntary placement agreement entered
into by the child’s parent or legal guardian, or was
the result of a judicial determination to the effect
that continuation therein would be contrary to the
welfare of such child and that reasonable efforts of
the type described in section 422(a)(12) have been
made;
‘‘(2) such child’s placement and care are the re-
sponsibility of—
‘‘(A) the State; or
‘‘(B) any other public agency with which
the State has made an agreement for the ad-
ministration of the State program under this
part which is still in effect;
‘‘(3) such child has been placed in a foster fam-
ily home or child-care institution as a result of the
voluntary placement agreement or judicial deter-
mination referred to in paragraph (1); and
‘‘(4) such child—
‘‘(A) would have been eligible to receive aid
under the eligibility standards under the State
plan approved under section 402 (as in effect
715
on the day before the date of the enactment of
this part and adjusted for inflation, in accord-
ance with regulations issued by the Secretary)
in or for the month in which such agreement
was entered into or court proceedings leading to
the removal of such child from the home were
initiated; or
‘‘(B) would have received such aid in or for
such month if application had been made there-
for, or the child had been living with a relative
specified in section 406(a) (as so in effect)
within 6 months prior to the month in which
such agreement was entered into or such pro-
ceedings were initiated, and would have received
such aid in or for such month if in such month
such child had been living with such a relative
and application therefor had been made.
‘‘(b) LIMITATION ON FOSTER CARE PAYMENTS.—
Foster care maintenance payments may be made under
this part only on behalf of a child described in subsection
(a) of this section who is—
‘‘(1) in the foster family home of an individual,
whether the payments therefore are made to such in-
dividual or to a public or private child placement or
child-care agency; or
716
‘‘(2) in a child-care institution, whether the
payments therefore are made to such institution or
to a public or private child-placement or child-care
agency, which payments shall be limited so as to in-
clude in such payments only those items which are
included in the term ‘foster care maintenance pay-
ments’ (as defined in section 426(6)).
‘‘(c) VOLUNTARY PLACEMENTS.—
‘‘(1) SATISFACTION
OF
CHILD
PROTECTION
STANDARDS.—Notwithstanding any other provision
of this section, Federal payments may be made
under this part with respect to amounts expended by
any State as foster care maintenance payments
under this part, in the case of children removed
from their homes pursuant to voluntary placement
agreements as described in subsection (a), only if (at
the time such amounts were expended) the State has
fulfilled 
all 
of 
the 
requirements 
of 
section
422(a)(11).
‘‘(2) REMOVAL IN EXCESS OF 180 DAYS.—No
Federal payment may be made under this part with
respect to amounts expended by any State as foster
care maintenance payments, in the case of any child
who was removed from such child’s home pursuant
to a voluntary placement agreement as described in
717
subsection (a) and has remained in voluntary place-
ment for a period in excess of 180 days, unless there
has been a judicial determination by a court of com-
petent jurisdiction (within the first 180 days of such
placement) that such placement is in the best inter-
ests of the child.
‘‘(3) DEEMED REVOCATION OF AGREEMENTS.—
In any case where—
‘‘(A) the placement of a minor child in fos-
ter care occurred pursuant to a voluntary place-
ment agreement entered into by the parents or
guardians of such child as provided in sub-
section (a); and
‘‘(B) such parents or guardians request (in
such manner and form as the Secretary may
prescribe) that the child be returned to their
home or to the home of a relative,
the voluntary placement agreement shall be deemed
to be revoked unless the State opposes such request
and obtains a judicial determination, by a court of
competent jurisdiction, that the return of the child
to such home would be contrary to the child’s best
interests.
‘‘(d) ELIGIBILITY FOR MEDICAL ASSISTANCE.—For
purposes of titles XIX and XX, any child with respect to
718
whom foster care maintenance payments are made under
this section is deemed to be a recipient of cash assistance
under part A of this title. For the purposes of the preced-
ing sentence, a child whose costs in a foster family home
or child-care institution are covered by the foster care
maintenance payments being made with respect to his or
her minor parent, as provided in section 426(6)(B), shall
be considered a child with respect to whom foster care
maintenance payments are made under this section.’’.
(d) ADOPTION ASSISTANCE PROGRAM.—Section 473
of such Act (42 U.S.C. 673) is amended to read as follows:
‘‘SEC. 473. REQUIREMENTS FOR ADOPTION ASSISTANCE
PAYMENTS.
‘‘(a) IN GENERAL.—A State operating a program
under this part shall enter into adoption assistance agree-
ments with the adoptive parents of children with special
needs.
‘‘(b) PAYMENTS UNDER AGREEMENTS.—
‘‘(1) IN GENERAL.—Under any adoption assist-
ance agreement entered into by a State with parents
who adopt a child with special needs, the State—
‘‘(A) shall make payments of nonrecurring
adoption expenses incurred by or on behalf of
such parents in connection with the adoption of
such child, directly through the State agency or
719
through another public or nonprofit private
agency, in amounts determined under sub-
section (e), and
‘‘(B) in any case where the child meets the
requirements of subsection (d), may make adop-
tion assistance payments to such parents, di-
rectly through the State agency or through an-
other public or nonprofit private agency, in
amounts so determined.
‘‘(2) DEFINITION OF NONRECURRING ADOPTION
EXPENSES.—
‘‘(A) IN GENERAL.—For purposes of para-
graph (1)(A), the term ‘nonrecurring adoption
expenses’ means reasonable and necessary
adoption fees, court costs, attorney fees, and
other expenses which are directly related to the
legal adoption of a child with special needs and
which are not incurred in violation of State or
Federal law.
‘‘(B) TREATMENT AS AN ADMINISTRATIVE
EXPENSE.—A State’s payment of nonrecurring
adoption expenses under an adoption assistance
agreement shall be treated as an expenditure
made for the proper and efficient administra-
721
to whom foster care maintenance payments are being
made under section 472.
‘‘(d) CHILDREN WITH SPECIAL NEEDS.—For pur-
poses of subsection (b)(1)(B), a child meets the require-
ments of this subsection if such child—
‘‘(1)(A) at the time adoption proceedings were
initiated, met the requirements of section 406(a) (as
in effect on the day before the date of the enactment
of the Personal Responsibility and Work Oppor-
tunity Act of 1996) or section 407 (as so in effect)
or would have met such requirements except for
such child’s removal from the home of a relative
(specified in section 406(a) (as so in effect)), either
pursuant to a voluntary placement agreement with
respect to which Federal payments are provided
under section 474 (or 403 (as so in effect)) or as
a result of a judicial determination to the effect that
continuation therein would be contrary to the wel-
fare of such child;
‘‘(B) meets all of the requirements of title XVI
with respect to eligibility for supplemental security
income benefits; or
‘‘(C) is a child whose costs in a foster family
home or child-care institution are covered by the fos-
722
ter care maintenance payments being made with re-
spect to his or her minor parent;
‘‘(2)(A) would have received aid under the eligi-
bility standards under the State plan approved
under section 402 (as in effect on the day before the
date of the enactment of this part, adjusted for in-
flation, in accordance with regulations issued by the
Secretary) in or for the month in which such agree-
ment was entered into or court proceedings leading
to the removal of such child from the home were ini-
tiated;
‘‘(B) would have received such aid in or for
such month if application had been made therefor,
or had been living with a relative specified in section
406(a) (as so in effect) within 6 months prior to the
month in which such agreement was entered into or
such proceedings were initiated, and would have re-
ceived such aid in or for such month if in such
month such child had been living with such a rel-
ative and application therefor had been made; or
‘‘(C) is a child described in subparagraph (A)
or (B); and
‘‘(3) has been determined by the State, pursu-
ant to subsection (h) of this section, to be a child
with special needs.
723
‘‘(e) DETERMINATION OF PAYMENTS.—The amount
of the payments to be made in any case under subsection
(b) shall be determined through agreement between the
adoptive parents and the State or a public or nonprofit
private agency administering the program under this part,
which shall take into consideration the circumstances of
the adopting parents and the needs of the child being
adopted, and may be readjusted periodically, with the con-
currence of the adopting parents (which may be specified
in the adoption assistance agreement), depending upon
changes in such circumstances. However, in no case may
the amount of the adoption assistance payment exceed the
foster care maintenance payment which would have been
paid during the period if the child with respect to whom
the adoption assistance payment is made had been in a
foster family home.
‘‘(f) PAYMENT EXCEPTION.—Notwithstanding sub-
section (e), no payment may be made to parents with re-
spect to any child who has attained the age of 18 (or,
where the State determines that the child has a mental
or physical disability which warrants the continuation of
assistance, the age of 21), and no payment may be made
to parents with respect to any child if the State determines
that the parents are no longer legally responsible for the
support of the child or if the State determines that the
724
child is no longer receiving any support from such parents.
Parents who have been receiving adoption assistance pay-
ments under this part shall keep the State or public or
nonprofit private agency administering the program under
this part informed of circumstances which would, pursu-
ant to this section, make them ineligible for such assist-
ance payments, or eligible for assistance payments in a
different amount.
‘‘(g) PREADOPTION PAYMENTS.—For purposes of
this part, individuals with whom a child who has been de-
termined by the State, pursuant to subsection (h), to be
a child with special needs is placed for adoption in accord-
ance with applicable State and local law shall be eligible
for adoption assistance payments during the period of the
placement, on the same terms and subject to the same
conditions as if such individuals had adopted such child.
‘‘(h) DETERMINATION
OF CHILD WITH SPECIAL
NEEDS.—For purposes of this section, a child shall not
be considered a child with special needs unless—
‘‘(1) the State has determined that the child
cannot or should not be returned to the home of the
child’s parents; and
‘‘(2) the State had first determined—
‘‘(A) that there exists with respect to the
child a specific factor or condition such as the
725
child’s ethnic background, age, or membership
in a minority or sibling group, or the presence
of factors such as medical conditions or phys-
ical, mental, or emotional handicaps because of
which it is reasonable to conclude that such
child cannot be placed with adoptive parents
without providing adoption assistance under
this part or medical assistance under title XIX;
and
‘‘(B) that, except where it would be
against the best interests of the child because
of such factors as the existence of significant
emotional ties with prospective adoptive parents
while in the care of such parents as a foster
child, a reasonable, but unsuccessful, effort has
been made to place the child with appropriate
adoptive parents without providing adoption as-
sistance under this section or medical assistance
under title XIX.’’.
(e) PAYMENTS
TO
STATES; ALLOTMENTS
TO
STATES.—Section 474 of such Act (42 U.S.C. 674) is
amended to read as follows:
‘‘SEC. 474. PAYMENTS TO STATES; ALLOTMENTS TO STATES.
‘‘(a) FOSTER CARE, ADOPTION ASSISTANCE, AND
INDEPENDENT LIVING PROGRAMS PAYMENTS.—Each eli-
726
gible State, as determined under section 471, shall be enti-
tled to receive from the Secretary for each quarter of each
fiscal year a payment equal to the sum of—
‘‘(1) an amount equal to the Federal medical
assistance percentage (as defined in section 1905(b)
of this Act as in effect on the day before the date
of the enactment of the Personal Responsibility and
Work Opportunity Act of 1996) of the total amount
expended during such quarter as foster care mainte-
nance payments under the child protection program
under this part for children in foster family homes
or child-care institutions; plus
‘‘(2) an amount equal to the Federal medical
assistance percentage (as defined in section 1905(b)
of this Act (as so in effect)) of the total amount ex-
pended during such quarter as adoption assistance
payments under the child protection program under
this part pursuant to adoption assistance agree-
ments; plus
‘‘(3) an amount equal to the sum of the follow-
ing proportions of the total amounts expended dur-
ing such quarter as found necessary by the Sec-
retary for the provision of child placement services
and for the proper and efficient administration of
727
the State foster care and adoption assistance pro-
gram—
‘‘(A) 75 percent of so much of such ex-
penditures as are for the training (including
both short and long-term training at edu-
cational institutions through grants to such in-
stitutions or by direct financial assistance to
students enrolled in such institutions) of per-
sonnel employed or preparing for employment
by the State agency or by the local agency ad-
ministering the plan in the political subdivision;
‘‘(B) 75 percent of so much of such ex-
penditures (including travel and per diem ex-
penses) as are for the short-term training of
current or prospective foster or adoptive par-
ents and the members of the staff of State-li-
censed or State-approved child care institutions
providing care to foster and adopted children
receiving assistance under this part, in ways
that increase the ability of such current or pro-
spective parents, staff members, and institu-
tions to provide support and assistance to foster
and adopted children, whether incurred directly
by the State or by contract;
728
‘‘(C) 50 percent (or, if the quarter is in
fiscal year 1997, 75 percent) of so much of
such expenditures as are for the planning, de-
sign, development, or installation of statewide
mechanized data collection and information re-
trieval systems (including 50 percent (or, if the
quarter is in fiscal year 1997, 75 percent) of
the full amount of expenditures for hardware
components for such systems) but only to the
extent that such systems—
‘‘(i) meet the requirements imposed
by regulations;
‘‘(ii) to the extent practicable, are ca-
pable of interfacing with the State data
collection system that collects information
relating to child abuse and neglect;
‘‘(iii) to the extent practicable, have
the capability of interfacing with, and re-
trieving information from, the State data
collection system that collects information
relating to the eligibility of individuals
under part A (for the purposes of facilitat-
ing verification of eligibility of foster chil-
dren); and
729
‘‘(iv) are determined by the Secretary
to be likely to provide more efficient, eco-
nomical, and effective administration of
the programs carried out under a State
plan approved under this part;
‘‘(D) 50 percent of so much of such ex-
penditures as are for the operation of the state-
wide mechanized data collection and informa-
tion retrieval systems referred to in subpara-
graph (C); and
‘‘(E) one-half of the remainder of such ex-
penditures; plus
‘‘(4) an amount equal to the sum of—
‘‘(A) so much of the amounts expended by
such State to carry out a program under sec-
tion 476, as do not exceed the basic amount for
such State determined under subsection (e)(1)
of such section; and
‘‘(B) the lesser of—
‘‘(i) 
one-half 
of 
any 
additional
amounts expended by such State for such
programs; or
‘‘(ii) the maximum additional amount
for such State under subsection (e)(1) of
such section.
730
‘‘(b) AUTOMATED
DATA
COLLECTION
EXPENDI-
TURES.—The Secretary shall treat as necessary for the
proper and efficient administration of the State plan all
expenditures of a State necessary in order for the State
to plan, design, develop, install, and operate data collec-
tion and information retrieval systems, without regard to
whether the systems may be used with respect to foster
or adoptive children other than those on behalf of whom
foster care maintenance payments or adoption assistance
payments may be made under this part.
‘‘(c) ESTIMATES BY THE SECRETARY.—
‘‘(1) IN GENERAL.—The Secretary shall, prior
to the beginning of each quarter, estimate the
amount which a State will be entitled to receive
under subsection (a) for such quarter, such esti-
mates to be based on—
‘‘(A) a report filed by the State containing
its estimate of the total sum to be expended in
such quarter in accordance with subsection (a),
and stating the amount appropriated or made
available by the State and its political subdivi-
sions for such expenditures in such quarter, and
if such amount is less than the State’s propor-
tionate share of the total sum of such estimated
731
expenditures, the source or sources from which
the difference is expected to be derived;
‘‘(B) records showing the number of chil-
dren in the State receiving assistance under
this part; and
‘‘(C) such other information as the Sec-
retary may find necessary.
‘‘(2) PAYMENTS.—The Secretary shall pay to
the States the amounts so estimated under para-
graph (1), reduced or increased to the extent of any
overpayment or underpayment which the Secretary
determines was made under this subsection to such
State for any prior quarter and with respect to
which adjustment has not already been made under
this subsection.
‘‘(3) PRO RATA SHARE.— The pro rata share to
which the United States is equitably entitled, as de-
termined by the Secretary, of the net amount recov-
ered during any quarter by the State or any political
subdivision thereof with respect to foster care and
adoption assistance furnished under this part shall
be considered an overpayment to be adjusted under
this subsection.
‘‘(d) ALLOWANCE OR DISALLOWANCE OF CLAIM.—
732
‘‘(1) IN GENERAL.—Within 60 days after re-
ceipt of a State claim for expenditures pursuant to
subsection (b)(1), the Secretary shall allow, disallow,
or defer such claim.
‘‘(2) NOTICE.—Within 15 days after a decision
to defer a State claim, the Secretary shall notify the
State of the reasons for the deferral and of the addi-
tional information necessary to determine the allow-
ability of the claim.
‘‘(3) DECISION.—Within 90 days after receiving
such necessary information (in readily reviewable
form), the Secretary shall—
‘‘(A) disallow the claim, if able to complete
the review and determine that the claim is not
allowable; or
‘‘(B) in any other case, allow the claim,
subject to disallowance (as necessary)—
‘‘(i) upon completion of the review, if
it is determined that the claim is not allow-
able; or
‘‘(ii) on the basis of findings of an
audit or financial management review.’’.
(f) DEFINITIONS.—Section 475 of such Act (42
U.S.C. 675) is amended to read as follows:
733
‘‘SEC. 475. DEFINITIONS.
For definitions of terms used in this part, see section
426.’’.
(g) TECHNICAL ASSISTANCE; DATA COLLECTION
AND EVALUATION.—Part E of title IV of such Act is
amended by striking section 476.
(h) INDEPENDENT LIVING INITIATIVES.—Part E of
title IV of such Act (42 U.S.C. 670 et seq.), as amended
by subsection (g) of this section, is amended—
(1) by redesignating section 477 as section 476;
and
(2) by amending section 476, as so redesig-
nated, to read as follows:
‘‘SEC. 476. REQUIREMENTS FOR INDEPENDENT LIVING
PROGRAMS.
‘‘(a) PAYMENTS FOR INDEPENDENT LIVING PRO-
GRAMS.—
‘‘(1) IN GENERAL.—Payments shall be made in
accordance with this section for the purpose of as-
sisting States and localities in establishing and car-
rying out programs designed to assist children de-
scribed in paragraph (2) who have attained age 16
in making the transition from foster care to inde-
pendent living. Any State which provides for the es-
tablishment and carrying out of one or more such
programs in accordance with this section for a fiscal
734
year shall be entitled to receive payments under this
section for such fiscal year, in an amount deter-
mined under subsection (e).
‘‘(2) PROGRAM
REQUIREMENTS.—A program
established and carried out under paragraph (1)—
‘‘(A) shall be designed to assist children
with respect to whom foster care maintenance
payments are being made by the State under
this part;
‘‘(B) may at the option of the State also
include any or all other children in foster care
under the responsibility of the State; and
‘‘(C) may at the option of the State also
include any child who has not attained age 21
to whom foster care maintenance payments
were previously made by a State under this part
and whose payments were discontinued on or
after the date such child attained age 16, and
any child who previously was in foster care de-
scribed in subparagraph (B) and for whom such
care was discontinued on or after the date such
child attained age 16; and a written transitional
independent living plan of the type described in
subsection (d)(6) shall be developed for such
child as a part of such program.
735
‘‘(b) USE OF FUNDS.—Payment under this section
shall be made to the State, and shall be used for the pur-
pose of conducting and providing in accordance with this
section (directly or under contracts with local govern-
mental entities or private nonprofit organizations) the ac-
tivities and services required to carry out the program or
programs involved.
‘‘(c) SUBMISSION OF PROGRAM DESCRIPTION AND
ASSURANCES.—In order for a State to receive payments
under this section for any fiscal year, the State, prior to
February 1 of such fiscal year, must submit to the Sec-
retary, in such manner and form as the Secretary may
prescribe, a description of the program together with satis-
factory assurances that the program will be operated in
an effective and efficient manner and will otherwise meet
the requirements of this section.
‘‘(d) PROGRAM OBJECTIVES.—In carrying out the
purpose described in subsection (a), it shall be the objec-
tive of each program established under this section to help
the individuals participating in such program to prepare
to live independently upon leaving foster care. Such pro-
grams may include (subject to the availability of funds)
programs to—
736
‘‘(1) enable participants to seek a high school
diploma or its equivalent or to take part in appro-
priate vocational training;
‘‘(2) provide training in daily living skills, budg-
eting, locating and maintaining housing, and career
planning;
‘‘(3) provide for individual and group counsel-
ing;
‘‘(4) integrate and coordinate services otherwise
available to participants;
‘‘(5) provide for the establishment of outreach
programs designed to attract individuals who are eli-
gible to participate in the program;
‘‘(6) provide each participant a written transi-
tional independent living plan which shall be based
on an assessment of his needs, and which shall be
incorporated into his case plan, as defined in section
426(3); and
‘‘(7) provide participants with other services
and assistance designed to improve their transition
to independent living.
‘‘(e) DETERMINATION OF PAYMENTS.—
‘‘(1) BASIC AMOUNT.—
‘‘(A) IN GENERAL.—The basic amount to
which a State shall be entitled under section
737
474(a)(4) for a fiscal year shall be an amount
which bears the same ratio to the basic ceiling
for such fiscal year as such State’s average
number of children receiving foster care mainte-
nance payments under part E in fiscal year
1984 bore to the total of the average number
of children receiving such payments under such
part for all States for fiscal year 1984.
‘‘(B) MAXIMUM
ADDITIONAL
AMOUNT.—
The maximum additional amount to which a
State shall be entitled under section 474(a)(4)
for a fiscal year shall be an amount which bears
the same ratio to the additional ceiling for such
fiscal year as the basic amount of such State
bears to $45,000,000.
‘‘(C) DEFINITIONS.—For purposes of this
section:
‘‘(i) BASIC CEILING.—The term ‘basic
ceiling’ 
means, 
for 
any 
fiscal 
year,
$45,000,000.
‘‘(ii) 
ADDITIONAL
CEILING.—The
term ‘additional ceiling’ means, for any fis-
cal year, $25,000,000.
‘‘(2) REALLOCATION OF FUNDS.—If any State
does not apply for funds under this section for any
738
fiscal year within the time provided in subsection
(c), the funds to which such State would have been
entitled for such fiscal year shall be reallocated to
one or more other States on the basis of their rel-
ative need for additional payments under this section
(as determined by the Secretary).
‘‘(3) SUPPLEMENT
TO
OTHER
FUNDS.—Any
amounts payable to States under this section shall
be in addition to amounts payable to States under
paragraphs (1), (2), and (3) of section 474(a), and
shall supplement and not replace any other funds
which may be available for the same general pur-
poses in the localities involved.
‘‘(f) LIMITATION
ON USE
OF FUNDS.—Payments
made to a State under this section for any fiscal year—
‘‘(1) shall be used only for the specific purposes
described in this section;
‘‘(2) may not be used for the provision of room
or board;
‘‘(3) may be made on an estimated basis in ad-
vance of the determination of the exact amount, with
appropriate subsequent adjustments to take account
of any error in the estimates; and
‘‘(4) shall be expended by such State in such
fiscal year or in the succeeding fiscal year.
739
‘‘(g) REPORTING REQUIREMENTS.—Not later than
the first January 1 following the end of each fiscal year,
each State shall submit to the Secretary a report on the
programs carried out during such fiscal year with the
amounts received under this section. Such report shall be
in such form and contain such information as may be nec-
essary to provide an accurate description of such activities,
to provide a complete record of the purposes for which
the funds were spent, and to indicate the extent to which
the expenditure of such funds succeeded in accomplishing
the purpose described in subsection (a).
‘‘(h) ASSISTANCE NOT CONSIDERED INCOME OR RE-
SOURCES.—Notwithstanding any other provision of this
title, payments made and services provided to participants
in a program under this section, as a direct consequence
of their participation in such program, shall not be consid-
ered as income or resources for purposes of determining
eligibility (or the eligibility of any other persons) for as-
sistance under the State’s plan approved under this part
or part A, or for purposes of determining the level of such
assistance.’’.
(i) COLLECTION OF DATA RELATING TO ADOPTION
AND FOSTER CARE.—Part E of title IV of such Act (42
U.S.C. 670 et seq.) is amended—
740
(1) by redesignating section 479 as section 477;
and
(2) by amending section 477, as so redesig-
nated, to read as follows:
‘‘SEC. 477. COLLECTION OF DATA RELATING TO ADOPTION
AND FOSTER CARE.
‘‘For requirements with respect to the collection of
data relating to adoption and foster care, see section
424.’’.
Subchapter C—Miscellaneous
SEC. 4721. SECRETARIAL SUBMISSION OF LEGISLATIVE
PROPOSAL FOR TECHNICAL AND CONFORM-
ING AMENDMENTS.
Not later than 90 days after the date of the enact-
ment of this chapter, the Secretary of Health and Human
Services, in consultation, as appropriate, with the heads
of other Federal agencies, shall submit to the appropriate
committees of Congress a legislative proposal providing for
such technical and conforming amendments in the law as
are required by the provisions of this chapter.
SEC. 4722. SENSE OF THE CONGRESS REGARDING TIMELY
ADOPTION OF CHILDREN.
It is the sense of the Congress that—
741
(1) too many children who wish to be adopted
are spending inordinate amounts of time in foster
care;
(2) there is an urgent need for States to in-
crease the number of waiting children being adopted
in a timely and lawful manner;
(3) studies have shown that States spend an ex-
cess of $15,000 each year on each special needs
child in foster care, and would save significant
amounts of money if they offered incentives to fami-
lies to adopt special needs children;
(4) States should allocate sufficient funds under
this subtitle for adoption assistance and medical as-
sistance to encourage more families to adopt chil-
dren who otherwise would languish in the foster care
system for a period that many experts consider det-
rimental to their development;
(5) States should offer incentives for families
that adopt special needs children to make adoption
more affordable for middle-class families;
(6) when it is necessary for a State to remove
a child from the home of the child’s biological par-
ents, the State should strive—
742
(A) to provide the child with a single foster
care placement and a single coordinated case
team; and
(B) to conclude an adoption of the child,
when adoption is the goal of the child and the
State, within one year of the child’s placement
in foster care; and
(7) States should participate in local, regional,
or national programs to enable maximum visibility of
waiting children to potential parents. Such programs
should include a nationwide, interactive computer
network to disseminate information on children eligi-
ble for adoption to help match them with families
around the country.
SEC. 4723. REMOVAL OF BARRIERS TO INTERETHNIC ADOP-
TION.
(a) STATE PLAN REQUIREMENTS.—Section 422(a)
of the Social Security Act (42 U.S.C 622(a)), as added
by section 4701 of this Act, is amended by adding at the
end the following:
‘‘(15) CERTIFICATION REGARDING REMOVAL OF
BARRIERS TO INTERETHNIC ADOPTION.—A certifi-
cation that, not later than January 1, 1997, the
State has in effect such laws and procedures as may
be necessary to ensure that neither the State nor
743
any other entity in the State that receives funds
from the Federal Government and is involved in
adoption or foster care placements may—
‘‘(A) deny to any person the opportunity to
become an adoptive or a foster parent, on the
basis of the race, color, or national origin of the
person, or of the child, involved; or
‘‘(B) delay or deny the placement of a
child for adoption or into foster care, on the
basis of the race, color, or national origin of the
adoptive or foster parent, or the child, in-
volved.’’.
(b) ENFORCEMENT.—Section 423(e) of such Act (42
U.S.C. 623(e)), as added by section 4701 of this Act, is
amended by redesignating paragraphs (5), (6), and (7) as
paragraphs (6), (7), and (8), respectively, and by inserting
after paragraph (4) the following:
‘‘(5) PENALTY FOR FAILURE TO REMOVE BAR-
RIERS TO INTERETHNIC ADOPTION.—
‘‘(A) REDUCTION OF PAYMENTS TO THE
STATE.—If a State’s program operated under
this part is found, as a result of a review con-
ducted under section 1123, to have violated sec-
tion 422(a)(15) during a quarter with respect
to any person, then, notwithstanding any regu-
744
lations promulgated under section 1123(b)(3),
the Secretary shall reduce the amount otherwise
payable to the State under this part, for the
quarter and for each subsequent quarter before
the 1st quarter for which the State program is
found, as a result of such a review, not to have
violated section 422(a)(15) with respect to any
person, by—
‘‘(i) 2 percent of such otherwise pay-
able amount, in the case of the 1st such
finding with respect to the State;
‘‘(ii) 5 percent of such otherwise pay-
able amount, in the case of the 2nd such
finding with respect to the State; or
‘‘(iii) 10 percent of such otherwise
payable amount, in the case of the 3rd or
subsequent such finding with respect to the
State.
‘‘(B) RETURN OF FUNDS PAID TO OTHER
VIOLATORS.—Any other entity which is in a
State that receives funds under this part and
which violates section 422(a)(15) during a
quarter with respect to any person shall remit
to the Secretary all funds that were paid by the
745
State to the entity during the quarter from
such funds.
‘‘(C) PRIVATE CAUSE OF ACTION.—
‘‘(i) IN
GENERAL.—Any individual
who is aggrieved by a violation of section
422(a)(15) by a State or other entity may
bring an action seeking relief from the
State or other entity in any United States
district court.
‘‘(ii) LIMITATION.—An action under this
subparagraph may not be brought more than 2
years after the date the alleged violation oc-
curred.
‘‘(D) NO EFFECT ON THE INDIAN CHILD
WELFARE ACT OF 1978.—This paragraph shall
not be construed to affect the application of the
Indian Child Welfare Act of 1978.’’.
(c) CIVIL RIGHTS.—
(1) PROHIBITED CONDUCT.—A person or gov-
ernment that is involved in adoption or foster care
placements may not—
(A) deny to any individual the opportunity
to become an adoptive or a foster parent, on the
basis of the race, color, or national origin of the
individual, or of the child, involved; or
746
(B) delay or deny the placement of a child
for adoption or into foster care, on the basis of
the race, color, or national origin of the adop-
tive or foster parent, or the child, involved.
(2) ENFORCEMENT.—Noncompliance with para-
graph (1) is deemed a violation of title VI of the
Civil Rights Act of 1964.
(3) NO EFFECT ON THE INDIAN CHILD WEL-
FARE ACT OF 1978.—This subsection shall not be
construed to affect the application of the Indian
Child Welfare Act of 1978.
(d) CONFORMING REPEAL.—Section 553 of the How-
ard M. Metzenbaum Multiethnic Placement Act of 1994
(42 U.S.C. 5115a) is repealed.
SEC. 4724. EFFECTIVE DATE; TRANSITION RULES.
(a) EFFECTIVE DATE.—
(1) IN GENERAL.—Except as provided in para-
graph (2), this chapter and the amendments made
by this chapter shall be effective on and after Octo-
ber 1, 1996.
(2) EXCEPTION.—Section 425 of the Social Se-
curity Act, as added by section 4701 of this Act,
shall take effect on the date of the enactment of this
chapter.
747
(3) TEMPORARY REDESIGNATION OF SECTION
425.—During the period beginning on the date of the
enactment of this chapter and ending on October 1,
1996, section 425 of the Social Security Act, as
added by section 4701 of this Act, is redesignated
as section 425A.
(b) TRANSITION RULES.—
(1) CLAIMS, ACTIONS, AND
PROCEEDINGS.—
The amendments made by this chapter shall not
apply with respect to—
(A) powers, duties, functions, rights,
claims, penalties, or obligations applicable to
aid, assistance, or services provided before the
effective date of this chapter under the provi-
sions amended; and
(B) administrative actions and proceedings
commenced before such date, or authorized be-
fore such date to be commenced, under such
provisions.
(2) CLOSING OUT ACCOUNT FOR THOSE PRO-
GRAMS TERMINATED OR SUBSTANTIALLY MODIFIED
BY THIS CHAPTER.—In closing out accounts, Fed-
eral and State officials may use scientifically accept-
able statistical sampling techniques. Claims made
under programs which are repealed or substantially
748
amended in this chapter and which involve State ex-
penditures in cases where assistance or services were
provided during a prior fiscal year, shall be treated
as expenditures during fiscal year 1995 for purposes
of reimbursement even if payment was made by a
State on or after October 1, 1995. States shall com-
plete the filing of all claims no later than September
30, 1997. Federal department heads shall—
(A) use the single audit procedure to re-
view and resolve any claims in connection with
the closeout of programs; and
(B) reimburse States for any payments
made for assistance or services provided during
a prior fiscal year from funds for fiscal year
1995, rather than the funds authorized by this
chapter.
CHAPTER 2—CHILD AND FAMILY
SERVICES BLOCK GRANT
SEC. 4751. CHILD AND FAMILY SERVICES BLOCK GRANT.
The Child Abuse Prevention and Treatment Act (42
U.S.C. 5101 et seq.) is amended to read as follows:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘Child and Family
Services Block Grant Act of 1996’.
749
‘‘SEC. 2. FINDINGS.
‘‘The Congress finds the following:
‘‘(1) Each year, close to 1,000,000 American
children are victims of abuse and neglect.
‘‘(2) Many of these children and their families
fail to receive adequate protection or treatment.
‘‘(3) The problem of child abuse and neglect re-
quires a comprehensive approach that—
‘‘(A) integrates the work of social service,
legal, health, mental health, education, and sub-
stance abuse agencies and organizations;
‘‘(B) strengthens coordination among all
levels of government, and with private agencies,
civic, religious, and professional organizations,
and individual volunteers;
‘‘(C) emphasizes the need for abuse and
neglect prevention, assessment, investigation,
and treatment at the neighborhood level;
‘‘(D) ensures properly trained and support
staff with specialized knowledge, to carry out
their child protection duties; and
‘‘(E) is sensitive to ethnic and cultural di-
versity.
‘‘(4) The child protection system should be
comprehensive, child-centered, family-focused, and
community-based, should incorporate all appropriate
750
measures to prevent the occurrence or recurrence of
child abuse and neglect, and should promote physical
and psychological recovery and social reintegration
in an environment that fosters the health, safety,
self-respect, and dignity of the child.
‘‘(5) The Federal Government should provide
leadership and assist communities in their child and
family protection efforts by—
‘‘(A) generating and sharing knowledge
relevant to child and family protection, includ-
ing the development of models for service deliv-
ery;
‘‘(B) strengthening the capacity of States
to assist communities;
‘‘(C) helping communities to carry out
their child and family protection plans by pro-
moting the competence of professional, para-
professional, and volunteer resources; and
‘‘(D) providing leadership to end the abuse
and neglect of the Nation’s children and youth.
‘‘SEC. 3. PURPOSES.
‘‘The purposes of this Act are the following:
‘‘(1) To assist each State in improving the child
protective service systems of such State by—
751
‘‘(A) improving risk and safety assessment
tools and protocols;
‘‘(B) developing, strengthening, and facili-
tating training opportunities for individuals who
are mandated to report child abuse or neglect
or otherwise overseeing, investigating, prosecut-
ing, or providing services to children and fami-
lies who are at risk of abusing or neglecting
their children; and
‘‘(C) developing, implementing, or operat-
ing information, education, training, or other
programs designed to assist and provide serv-
ices for families of disabled infants with life-
threatening conditions.
‘‘(2) To support State efforts to develop, oper-
ate, expand and enhance a network of community-
based, prevention-focused, family resource and sup-
port programs that are culturally competent and
that coordinate resources among existing education,
vocational rehabilitation, disability, respite, health,
mental health, job readiness, self-sufficiency, child
and family development, community action, Head
Start, child care, child abuse and neglect prevention,
juvenile justice, domestic violence prevention and
752
intervention, housing, and other human service orga-
nizations within the State.
‘‘(3) To facilitate the elimination of barriers to
adoption and to provide permanent and loving home
environments for children who would benefit from
adoption, particularly children with special needs, in-
cluding disabled infants with life-threatening condi-
tions, by—
‘‘(A) promoting model adoption legislation
and procedures in the States and territories of
the United States in order to eliminate jurisdic-
tional and legal obstacles to adoption;
‘‘(B) providing a mechanism for the De-
partment of Health and Human Services to—
‘‘(i) promote quality standards for
adoption 
services, 
preplacement, 
post-
placement, and post-legal adoption counsel-
ing, and standards to protect the rights of
children in need of adoption;
‘‘(ii) maintain a national adoption in-
formation exchange system to bring to-
gether children who would benefit from
adoption and qualified prospective adoptive
parents who are seeking such children, and
conduct national recruitment efforts in
753
order to reach prospective parents for chil-
dren awaiting adoption; and
‘‘(iii) demonstrate expeditious ways to
free children for adoption for whom it has
been determined that adoption is the ap-
propriate plan; and
‘‘(C) facilitating the identification and re-
cruitment of foster and adoptive families that
can meet children’s needs.
‘‘(4) To respond to the needs of children, in
particular those who are drug exposed or afflicted
with 
Acquired 
Immune 
Deficiency 
Syndrome
(AIDS), by supporting activities aimed at preventing
the abandonment of children, providing support to
children and their families, and facilitating the re-
cruitment and training of health and social service
personnel.
‘‘(5) To carry out any other activities as the
Secretary determines are consistent with this Act.
‘‘SEC. 4. DEFINITIONS.
‘‘As used in this Act:
‘‘(1) CHILD.—The term ‘child’ means a person
who has not attained the lesser of—
‘‘(A) the age of 18; or
754
‘‘(B) except in the case of sexual abuse,
the age specified by the child protection law of
the State in which the child resides.
‘‘(2) CHILD ABUSE AND NEGLECT.—The term
‘child abuse and neglect’ means, at a minimum, any
recent act or failure to act on the part of a parent
or caretaker, which results in death, serious physical
or emotional harm, sexual abuse or exploitation, or
an act or failure to act which presents an imminent
risk of serious harm.
‘‘(3) FAMILY
RESOURCE
AND
SUPPORT
PRO-
GRAMS.—The term ‘family resource and support
program’ means a community-based, prevention-fo-
cused entity that—
‘‘(A) provides, through direct service, the
core services required under this Act, includ-
ing—
‘‘(i) parent education, support and
leadership services, together with services
characterized by relationships between par-
ents and professionals that are based on
equality and respect, and designed to assist
parents in acquiring parenting skills, learn-
ing about child development, and respond-
755
ing appropriately to the behavior of their
children;
‘‘(ii) services to facilitate the ability of
parents to serve as resources to one an-
other (such as through mutual support and
parent self-help groups);
‘‘(iii) early developmental screening of
children to assess any needs of children,
and to identify types of support that may
be provided;
‘‘(iv) 
outreach 
services 
provided
through voluntary home visits and other
methods to assist parents in becoming
aware of and able to participate in family
resources and support program activities;
‘‘(v) community and social services to
assist families in obtaining community re-
sources; and
‘‘(vi) followup services;
‘‘(B) provides, or arranges for the provi-
sion of, other core services through contracts or
agreements with other local agencies; and
‘‘(C) provides access to optional services,
directly or by contract, purchase of service, or
interagency agreement, including—
756
‘‘(i) child care, early childhood devel-
opment and early intervention services;
‘‘(ii) self-sufficiency and life manage-
ment skills training;
‘‘(iii) education services, such as scho-
lastic tutoring, literacy training, and Gen-
eral Educational Degree services;
‘‘(iv) job readiness skills;
‘‘(v) child abuse and neglect preven-
tion activities;
‘‘(vi) services that families with chil-
dren with disabilities or special needs may
require;
‘‘(vii) community and social service re-
ferral;
‘‘(viii) peer counseling;
‘‘(ix) referral for substance abuse
counseling and treatment; and
‘‘(x) help line services.
‘‘(4) INDIAN
TRIBE
AND
TRIBAL
ORGANIZA-
TION.—The terms ‘Indian tribe’ and ‘tribal organi-
zation’ shall have the same meanings given such
terms in subsections (e) and (l), respectively, of sec-
tion 4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450b(e) and (l)).
757
‘‘(5) RESPITE
SERVICES.—The term ‘respite
services’ means short-term care services provided in
the temporary absence of the regular caregiver (par-
ent, other relative, foster parent, adoptive parent, or
guardian) to children who—
‘‘(A) are in danger of abuse or neglect;
‘‘(B) have experienced abuse or neglect; or
‘‘(C) have disabilities, chronic, or terminal
illnesses.
Such services shall be provided within or outside the
home of the child, be short-term care (ranging from
a few hours to a few weeks of time, per year), and
be intended to enable the family to stay together and
to keep the child living in the home and community
of the child.
‘‘(6) SECRETARY.—The term ‘Secretary’ means
the Secretary of Health and Human Services.
‘‘(7) SEXUAL ABUSE.—The term ‘sexual abuse’
includes—
‘‘(A) the employment, use, persuasion, in-
ducement, enticement, or coercion of any child
to engage in, or assist any other person to en-
gage in, any sexually explicit conduct or simula-
tion of such conduct for the purpose of produc-
ing a visual depiction of such conduct; or
758
‘‘(B) the rape, molestation, prostitution, or
other form of sexual exploitation of children, or
incest with children.
‘‘(8) STATE.—The term ‘State’ means each of
the several States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands,
Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, and the Trust Territory
of the Pacific Islands.
‘‘(9) WITHHOLDING OF MEDICALLY INDICATED
TREATMENT.—The term ‘withholding of medically
indicated treatment’ means the failure to respond to
the infant’s life-threatening conditions by providing
treatment (including appropriate nutrition, hydra-
tion, and medication) which, in the treating physi-
cian’s or physicians’ reasonable medical judgment,
will be most likely to be effective in ameliorating or
correcting all such conditions, except that the term
does not include the failure to provide treatment
(other than appropriate nutrition, hydration, or
medication) to an infant when, in the treating physi-
cian’s or physicians’ reasonable medical judgment—
‘‘(A) the infant is chronically and irrevers-
ibly comatose;
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‘‘(B) the provision of such treatment
would—
‘‘(i) merely prolong dying;
‘‘(ii) not be effective in ameliorating
or correcting all of the infant’s life-threat-
ening conditions; or
‘‘(iii) otherwise be futile in terms of
the survival of the infant; or
‘‘(C) the provision of such treatment would
be virtually futile in terms of the survival of the
infant and the treatment itself under such cir-
cumstances would be inhumane.
‘‘TITLE I—GENERAL BLOCK
GRANT
‘‘SEC. 101. CHILD AND FAMILY SERVICES BLOCK GRANTS.
‘‘(a) ELIGIBILITY.—The Secretary shall award
grants to eligible States that file a State plan that is ap-
proved under section 102 and that otherwise meet the eli-
gibility requirements for grants under this title.
‘‘(b) AMOUNT OF GRANT.—The amount of a grant
made to each State under subsection (a) for a fiscal year
shall be based on the population of children under the age
of 18 residing in each State that applies for a grant under
this section.
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‘‘(c) USE
OF AMOUNTS.—Amounts received by a
State under a grant awarded under subsection (a) shall
be used to carry out the purposes described in section 3.
‘‘SEC. 102. ELIGIBLE STATES.
‘‘(a) IN GENERAL.—As used in this title, the term
‘eligible State’ means a State that has submitted to the
Secretary, not later than October 1, 1996, and every 3
years thereafter, a plan which has been signed by the chief
executive officer of the State and that includes the follow-
ing:
‘‘(1) OUTLINE
OF
CHILD
PROTECTION
PRO-
GRAM.—A written document that outlines the activi-
ties the State intends to conduct to achieve the pur-
pose of this title, including the procedures to be used
for—
‘‘(A) receiving and assessing reports of
child abuse or neglect;
‘‘(B) investigating such reports;
‘‘(C) with respect to families in which
abuse or neglect has been confirmed, providing
services or referral for services for families and
children where the State makes a determination
that the child may safely remain with the fam-
ily;
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‘‘(D) protecting children by removing them
from dangerous settings and ensuring their
placement in a safe environment;
‘‘(E) providing training for individuals
mandated to report suspected cases of child
abuse or neglect;
‘‘(F) protecting children in foster care;
‘‘(G) promoting timely adoptions;
‘‘(H) protecting the rights of families,
using adult relatives as the preferred placement
for children separated from their parents where
such relatives meet the relevant State child pro-
tection standards; and
‘‘(I) providing services to individuals, fami-
lies, or communities, either directly or through
referral, that are aimed at preventing the occur-
rence of child abuse and neglect.
‘‘(2) CERTIFICATION OF STATE LAW REQUIRING
THE REPORTING OF CHILD ABUSE AND NEGLECT.—
A certification that the State has in effect laws that
require public officials and other professionals to re-
port, in good faith, actual or suspected instances of
child abuse or neglect.
‘‘(3) CERTIFICATION
OF
PROCEDURES
FOR
SCREENING, SAFETY ASSESSMENT, AND PROMPT IN-
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VESTIGATION.—A certification that the State has in
effect procedures for receiving and responding to re-
ports of child abuse or neglect, including the reports
described in paragraph (2), and for the immediate
screening, safety assessment, and prompt investiga-
tion of such reports.
‘‘(4) CERTIFICATION
OF
STATE
PROCEDURES
FOR REMOVAL AND PLACEMENT OF ABUSED OR NE-
GLECTED CHILDREN.—A certification that the State
has in effect procedures for the removal from fami-
lies and placement of abused or neglected children
and of any other child in the same household who
may also be in danger of abuse or neglect.
‘‘(5) CERTIFICATION OF PROVISIONS FOR IMMU-
NITY FROM PROSECUTION.—A certification that the
State has in effect laws requiring immunity from
prosecution under State and local laws and regula-
tions for individuals making good faith reports of
suspected or known instances of child abuse or ne-
glect.
‘‘(6) CERTIFICATION OF PROVISIONS AND PRO-
CEDURES
RELATING
TO
APPEALS.—A certification
that not later than 2 years after the date of the en-
actment of this Act, the State shall have laws and
procedures in effect affording individuals an oppor-