466
(i) in clause (i), by striking ‘‘to the
appropriate agency’’ and all that follows
and inserting ‘‘to the State disbursement
unit within 2 business days after the date
the amount would (but for this subsection)
have been paid or credited to the employee,
for distribution in accordance with this
part.’’;
(ii) in clause (ii), by inserting ‘‘be in
a standard format prescribed by the Sec-
retary, and’’ after ‘‘shall’’; and
(iii) by adding at the end the follow-
ing new clause:
‘‘(iii) As used in this subparagraph, the term
‘business day’ means a day on which State offices
are open for regular business.’’.
(E) Section 466(b)(6)(D) (42 U.S.C.
666(b)(6)(D)) is amended by striking ‘‘any em-
ployer’’ and all that follows and inserting ‘‘any
employer who—
‘‘(i) discharges from employment, refuses
to employ, or takes disciplinary action against
any absent parent subject to wage withholding
required by this subsection because of the exist-
ence of such withholding and the obligations or
467
additional obligations which it imposes upon the
employer; or
‘‘(ii) fails to withhold support from wages,
or to pay such amounts to the State disburse-
ment unit in accordance with this subsection.’’.
(F) Section 466(b) (42 U.S.C. 666(b)) is
amended by adding at the end the following
new paragraph:
‘‘(11) Procedures under which the agency ad-
ministering the State plan approved under this part
may execute a withholding order through electronic
means and without advance notice to the obligor.’’.
(b) CONFORMING AMENDMENT.—Section 466(c) (42
U.S.C. 666(c)) is repealed.
SEC. 915. LOCATOR INFORMATION FROM INTERSTATE NET-
WORKS.
Section 466(a) (42 U.S.C. 666(a)) is amended by
adding at the end the following new paragraph:
‘‘(12) Procedures to ensure that all Federal and
State agencies conducting activities under this part
have access to any system used by the State to lo-
cate an individual for purposes relating to motor ve-
hicles or law enforcement.’’.
468
SEC. 916. EXPANSION OF THE FEDERAL PARENT LOCATOR
SERVICE.
(a) EXPANDED AUTHORITY TO LOCATE INDIVID-
UALS
AND ASSETS.—Section 453 (42 U.S.C. 653) is
amended—
(1) in subsection (a), by striking all that follows
‘‘subsection (c))’’ and inserting ‘‘, for the purpose of
establishing parentage, establishing, setting the
amount of, modifying, or enforcing child support ob-
ligations, or enforcing child visitation orders—
‘‘(1) information on, or facilitating the discov-
ery of, the location of any individual—
‘‘(A) who is under an obligation to pay
child support or provide child visitation rights;
‘‘(B) against whom such an obligation is
sought;
‘‘(C) to whom such an obligation is owed,
including the individual’s social security number (or
numbers), most recent address, and the name, ad-
dress, and employer identification number of the in-
dividual’s employer;
‘‘(2) information on the individual’s wages (or
other income) from, and benefits of, employment (in-
cluding rights to or enrollment in group health care
coverage); and
469
‘‘(3) information on the type, status, location,
and amount of any assets of, or debts owed by or
to, any such individual.’’; and
(2) in subsection (b), in the matter preceding
paragraph (1), by striking ‘‘social security’’ and all
that follows through ‘‘absent parent’’ and inserting
‘‘information described in subsection (a)’’.
(b) AUTHORIZED PERSON FOR INFORMATION RE-
GARDING
VISITATION
RIGHTS.—Section 453(c) (42
U.S.C. 653(c)) is amended—
(1) in paragraph (1), by striking ‘‘support’’ and
inserting ‘‘support or to seek to enforce orders pro-
viding child visitation rights’’;
(2) in paragraph (2), by striking ‘‘, or any
agent of such court; and’’ and inserting ‘‘or to issue
an order against a resident parent for visitation
rights, or any agent of such court;’’;
(3) by striking the period at the end of para-
graph (3) and inserting ‘‘; and’’; and
(4) by adding at the end the following new
paragraph:
‘‘(4) the absent parent, only with regard to a
court order against a resident parent for child visita-
tion rights.’’.
470
(c) REIMBURSEMENT FOR INFORMATION FROM FED-
ERAL
AGENCIES.—Section 
453(e)(2) 
(42 
U.S.C.
653(e)(2)) is amended in the 4th sentence by inserting
‘‘in an amount which the Secretary determines to be rea-
sonable payment for the information exchange (which
amount shall not include payment for the costs of obtain-
ing, compiling, or maintaining the information)’’ before
the period.
(d) REIMBURSEMENT
FOR
REPORTS
BY
STATE
AGENCIES.—Section 453 (42 U.S.C. 653) is amended by
adding at the end the following new subsection:
‘‘(g) The Secretary may reimburse Federal and State
agencies for the costs incurred by such entities in furnish-
ing information requested by the Secretary under this sec-
tion in an amount which the Secretary determines to be
reasonable payment for the information exchange (which
amount shall not include payment for the costs of obtain-
ing, compiling, or maintaining the information).’’.
(e) TECHNICAL AMENDMENTS.—
(1) Sections 452(a)(9), 453(a), 453(b), 463(a),
463(e), and 463(f) (42 U.S.C. 652(a)(9), 653(a),
653(b), 663(a), 663(e), and 663(f)) are each amend-
ed by inserting ‘‘Federal’’ before ‘‘Parent’’ each
place such term appears.
471
(2) Section 453 (42 U.S.C. 653) is amended in
the heading by adding ‘‘FEDERAL’’ before ‘‘PAR-
ENT’’.
(f) NEW COMPONENTS.—Section 453 (42 U.S.C.
653), as amended by subsection (d) of this section, is
amended by adding at the end the following new sub-
section:
‘‘(h)(1) Not later than October 1, 1998, in order to
assist States in administering programs under State plans
approved under this part and programs funded under part
A, and for the other purposes specified in this section, the
Secretary shall establish and maintain in the Federal Par-
ent Locator Service an automated registry (which shall be
known as the ‘Federal Case Registry of Child Support Or-
ders’), which shall contain abstracts of support orders and
other information described in paragraph (2) with respect
to each case in each State case registry maintained pursu-
ant to section 454A(e), as furnished (and regularly up-
dated), pursuant to section 454A(f), by State agencies ad-
ministering programs under this part.
‘‘(2) The information referred to in paragraph (1)
with respect to a case shall be such information as the
Secretary may specify in regulations (including the names,
social security numbers or other uniform identification
numbers, and State case identification numbers) to iden-
472
tify the individuals who owe or are owed support (or with
respect to or on behalf of whom support obligations are
sought to be established), and the State or States which
have the case.
‘‘(i)(1) In order to assist States in administering pro-
grams under State plans approved under this part and
programs funded under part A, and for the other purposes
specified in this section, the Secretary shall, not later than
October 1, 1996, establish and maintain in the Federal
Parent Locator Service an automated directory to be
known as the National Directory of New Hires, which
shall contain the information supplied pursuant to section
453A(g)(2).
‘‘(2) Information shall be entered into the data base
maintained by the National Directory of New Hires within
2 business days of receipt pursuant to section 453A(g)(2).
‘‘(3) The Secretary of the Treasury shall have access
to the information in the National Directory of New Hires
for purposes of administering section 32 of the Internal
Revenue Code of 1986, or the advance payment of the
earned income tax credit under section 3507 of such Code,
and verifying a claim with respect to employment in a tax
return.
‘‘(4) The Secretary shall maintain within the Na-
tional Directory of New Hires a list of multistate employ-
473
ers that report information regarding newly hired employ-
ees pursuant to section 453A(b)(1)(B), and the State
which each such employer has designated to receive such
information.
‘‘(j)(1)(A) The Secretary shall transmit information
on individuals and employers maintained under this sec-
tion to the Social Security Administration to the extent
necessary for verification in accordance with subparagraph
(B).
‘‘(B) The Social Security Administration shall verify
the accuracy of, correct, or supply to the extent possible,
and report to the Secretary, the following information sup-
plied by the Secretary pursuant to subparagraph (A):
‘‘(i) The name, social security number, and
birth date of each such individual.
‘‘(ii) The employer identification number of
each such employer.
‘‘(2) For the purpose of locating individuals in a pa-
ternity establishment case or a case involving the estab-
lishment, modification, or enforcement of a support order,
the Secretary shall—
‘‘(A) compare information in the National Di-
rectory of New Hires against information in the sup-
port case abstracts in the Federal Case Registry of
474
Child Support Orders not less often than every 2
business days; and
‘‘(B) within 2 such days after such a compari-
son reveals a match with respect to an individual, re-
port the information to the State agency responsible
for the case.
‘‘(3) To the extent and with the frequency that the
Secretary determines to be effective in assisting States to
carry out their responsibilities under programs operated
under this part and programs funded under part A, the
Secretary shall—
‘‘(A) compare the information in each compo-
nent of the Federal Parent Locator Service main-
tained under this section against the information in
each other such component (other than the compari-
son required by paragraph (2)), and report instances
in which such a comparison reveals a match with re-
spect to an individual to State agencies operating
such programs; and
‘‘(B) disclose information in such registries to
such State agencies.
‘‘(4) The National Directory of New Hires shall pro-
vide the Commissioner of Social Security with all informa-
tion in the National Directory, which shall be used to de-
termine the accuracy of payments under the supplemental
475
security income program under title XVI and in connec-
tion with benefits under title II.
‘‘(5) The Secretary may provide access to information
reported by employers pursuant to section 453A(b) for re-
search purposes found by the Secretary to be likely to con-
tribute to achieving the purposes of part A or this part,
but without personal identifiers.
‘‘(k)(1) The Secretary shall reimburse the Commis-
sioner of Social Security, at a rate negotiated between the
Secretary and the Commissioner, for the costs incurred
by the Commissioner in performing the verification serv-
ices described in subsection (j).
‘‘(2) The Secretary shall reimburse costs incurred by
State directories of new hires in furnishing information
as required by subsection (j)(3), at rates which the Sec-
retary determines to be reasonable (which rates shall not
include payment for the costs of obtaining, compiling, or
maintaining such information).
‘‘(3) A State or Federal agency that receives informa-
tion from the Secretary pursuant to this section shall re-
imburse the Secretary for costs incurred by the Secretary
in furnishing the information, at rates which the Secretary
determines to be reasonable (which rates shall include pay-
ment for the costs of obtaining, verifying, maintaining,
and comparing the information).
476
‘‘(l) Information in the Federal Parent Locator Serv-
ice, and information resulting from comparisons using
such information, shall not be used or disclosed except as
expressly provided in this section, subject to section 6103
of the Internal Revenue Code of 1986.
‘‘(m) The Secretary shall establish and implement
safeguards with respect to the entities established under
this section designed to—
‘‘(1) ensure the accuracy and completeness of
information in the Federal Parent Locator Service;
and
‘‘(2) restrict access to confidential information
in the Federal Parent Locator Service to authorized
persons, and restrict use of such information to au-
thorized purposes.
‘‘(n) Each department, agency, and instrumentality
of the United States shall on a quarterly basis report to
the Federal Parent Locator Service the name and social
security number of each employee and the wages paid to
the employee during the previous quarter, except that no
report shall be filed with respect to an employee of a de-
partment, agency, or instrumentality performing intel-
ligence or counterintelligence functions, if the head of such
department, agency, or instrumentality has determined
that filing such a report could endanger the safety of the
477
employee or compromise an ongoing investigation or intel-
ligence mission.’’.
(f) CONFORMING AMENDMENTS.—
(1) TO PART D OF TITLE IV OF THE SOCIAL SE-
CURITY
ACT.—Section 
454(8)(B) 
(42 
U.S.C.
654(8)(B)) is amended to read as follows:
‘‘(B) the Federal Parent Locator Service
established under section 453;’’.
(2) TO FEDERAL UNEMPLOYMENT TAX ACT.—
Section 3304(a)(16) of the Internal Revenue Code of
1986 is amended—
(A) by striking ‘‘Secretary of Health, Edu-
cation, and Welfare’’ each place such term ap-
pears and inserting ‘‘Secretary of Health and
Human Services’’;
(B) in subparagraph (B), by striking
‘‘such information’’ and all that follows and in-
serting ‘‘information furnished under subpara-
graph (A) or (B) is used only for the purposes
authorized under such subparagraph;’’;
(C) by striking ‘‘and’’ at the end of sub-
paragraph (A);
(D) by redesignating subparagraph (B) as
subparagraph (C); and
478
(E) by inserting after subparagraph (A)
the following new subparagraph:
‘‘(B) wage and unemployment compensa-
tion information contained in the records of
such agency shall be furnished to the Secretary
of Health and Human Services (in accordance
with regulations promulgated by such Sec-
retary) as necessary for the purposes of the Na-
tional Directory of New Hires established under
section 453(i) of the Social Security Act, and’’.
(3) TO STATE GRANT PROGRAM UNDER TITLE
III OF THE SOCIAL SECURITY ACT.—Subsection (h)
of section 303 (42 U.S.C. 503) is amended to read
as follows:
‘‘(h)(1) The State agency charged with the adminis-
tration of the State law shall, on a reimbursable basis—
‘‘(A) disclose quarterly, to the Secretary of
Health and Human Services wage and claim infor-
mation, as required pursuant to section 453(i)(1),
contained in the records of such agency;
‘‘(B) ensure that information provided pursuant
to subparagraph (A) meets such standards relating
to correctness and verification as the Secretary of
Health and Human Services, with the concurrence
of the Secretary of Labor, may find necessary; and
479
‘‘(C) establish such safeguards as the Secretary
of Labor determines are necessary to insure that in-
formation disclosed under subparagraph (A) is used
only for purposes of section 453(i)(1) in carrying out
the child support enforcement program under title
IV.
‘‘(2) Whenever the Secretary of Labor, after reason-
able notice and opportunity for hearing to the State agen-
cy charged with the administration of the State law, finds
that there is a failure to comply substantially with the re-
quirements of paragraph (1), the Secretary of Labor shall
notify such State agency that further payments will not
be made to the State until the Secretary of Labor is satis-
fied that there is no longer any such failure. Until the
Secretary of Labor is so satisfied, the Secretary shall
make no future certification to the Secretary of the Treas-
ury with respect to the State.
‘‘(3) For purposes of this subsection—
‘‘(A) the term ‘wage information’ means infor-
mation regarding wages paid to an individual, the
social security account number of such individual,
and the name, address, State, and the Federal em-
ployer identification number of the employer paying
such wages to such individual; and
480
‘‘(B) the term ‘claim information’ means infor-
mation regarding whether an individual is receiving,
has received, or has made application for, unemploy-
ment compensation, the amount of any such com-
pensation being received (or to be received by such
individual), and the individual’s current (or most re-
cent) home address.’’.
SEC. 917. COLLECTION AND USE OF SOCIAL SECURITY
NUMBERS FOR USE IN CHILD SUPPORT EN-
FORCEMENT.
(a) STATE LAW REQUIREMENT.—Section 466(a) (42
U.S.C. 666(a)), as amended by section 915, is amended
by adding at the end the following new paragraph:
‘‘(13) Procedures requiring that the social secu-
rity number of—
‘‘(A) any applicant for a professional li-
cense, commercial driver’s license, occupational
license, or marriage license be recorded on the
application;
‘‘(B) any individual who is subject to a di-
vorce decree, support order, or paternity deter-
mination or acknowledgment be placed in the
records relating to the matter; and
481
‘‘(C) any individual who has died be placed
in the records relating to the death and be re-
corded on the death certificate.
For purposes of subparagraph (A), if a State allows
the use of a number other than the social security
number, the State shall so advise any applicants.’’.
(b) 
CONFORMING
AMENDMENTS.—Section
205(c)(2)(C) (42 U.S.C. 405(c)(2)(C)), as amended by
section 321(a)(9) of the Social Security Independence and
Program Improvements Act of 1994, is amended—
(1) in clause (i), by striking ‘‘may require’’ and
inserting ‘‘shall require’’;
(2) in clause (ii), by inserting after the 1st sen-
tence the following: ‘‘In the administration of any
law involving the issuance of a marriage certificate
or license, each State shall require each party named
in the certificate or license to furnish to the State
(or political subdivision thereof), or any State agen-
cy having administrative responsibility for the law
involved, the social security number of the party.’’;
(3) in clause (ii), by inserting ‘‘or marriage cer-
tificate’’ after ‘‘Such numbers shall not be recorded
on the birth certificate’’.
(4) in clause (vi), by striking ‘‘may’’ and insert-
ing ‘‘shall’’; and
482
(5) by adding at the end the following new
clauses:
‘‘(x) An agency of a State (or a politi-
cal subdivision thereof) charged with the
administration of any law concerning the
issuance or renewal of a license, certificate,
permit, or other authorization to engage in
a profession, an occupation, or a commer-
cial activity shall require all applicants for
issuance or renewal of the license, certifi-
cate, permit, or other authorization to pro-
vide the applicant’s social security number
to the agency for the purpose of admin-
istering such laws, and for the purpose of
responding to requests for information
from an agency operating pursuant to part
D of title IV.
‘‘(xi) All divorce decrees, support or-
ders, and paternity determinations issued,
and all paternity acknowledgments made,
in each State shall include the social secu-
rity number of each party to the decree,
order, determination, or acknowledgement
in the records relating to the matter, for
the purpose of responding to requests for
483
information from an agency operating pur-
suant to part D of title IV.’’.
Subtitle C—Streamlining and
Uniformity of Procedures
SEC. 921. ADOPTION OF UNIFORM STATE LAWS.
Section 466 (42 U.S.C. 666) is amended by adding
at the end the following new subsection:
‘‘(f)(1) In order to satisfy section 454(20)(A) on or
after January 1, 1997, each State must have in effect the
Uniform Interstate Family Support Act, as approved by
the National Conference of Commissioners on Uniform
State Laws in August 1992 (with the modifications and
additions specified in this subsection), and the procedures
required to implement such Act.
‘‘(2) The State law enacted pursuant to paragraph
(1) may be applied to any case involving an order which
is established or modified in a State and which is sought
to be modified or enforced in another State.
‘‘(3) The State law enacted pursuant to paragraph
(1) of this subsection shall contain the following provision
in lieu of section 611(a)(1) of the Uniform Interstate
Family Support Act:
‘‘ ‘(1) the following requirements are met:
‘‘ ‘(i) the child, the individual obligee, and
the obligor—
484
‘‘ ‘(I) do not reside in the issuing
State; and
‘‘ ‘(II) either reside in this State or
are subject to the jurisdiction of this State
pursuant to section 201; and
‘‘ ‘(ii) in any case where another State is
exercising or seeks to exercise jurisdiction to
modify the order, the conditions of section 204
are met to the same extent as required for pro-
ceedings to establish orders; or’.
‘‘(4) The State law enacted pursuant to paragraph
(1) shall provide that, in any proceeding subject to the
law, process may be served (and proved) upon persons in
the State by any means acceptable in any State which is
the initiating or responding State in the proceeding.’’.
SEC. 922. IMPROVEMENTS TO FULL FAITH AND CREDIT
FOR CHILD SUPPORT ORDERS.
Section 1738B of title 28, United States Code, is
amended—
(1) in subsection (a)(2), by striking ‘‘subsection
(e)’’ and inserting ‘‘subsections (e), (f), and (i)’’;
(2) in subsection (b), by inserting after the 2nd
undesignated paragraph the following:
‘‘ ‘child’s home State’ means the State in which
a child lived with a parent or a person acting as par-
485
ent for at least 6 consecutive months immediately
preceding the time of filing of a petition or com-
parable pleading for support and, if a child is less
than 6 months old, the State in which the child lived
from birth with any of them. A period of temporary
absence of any of them is counted as part of the 6-
month period.’’;
(3) in subsection (c), by inserting ‘‘by a court
of a State’’ before ‘‘is made’’;
(4) in subsection (c)(1), by inserting ‘‘and sub-
sections (e), (f), and (g)’’ after ‘‘located’’;
(5) in subsection (d)—
(A) by inserting ‘‘individual’’ before ‘‘con-
testant’’; and
(B) by striking ‘‘subsection (e)’’ and in-
serting ‘‘subsections (e) and (f)’’;
(6) in subsection (e), by striking ‘‘make a modi-
fication of a child support order with respect to a
child that is made’’ and inserting ‘‘modify a child
support order issued’’;
(7) in subsection (e)(1), by inserting ‘‘pursuant
to subsection (i)’’ before the semicolon;
(8) in subsection (e)(2)—
(A) by inserting ‘‘individual’’ before ‘‘con-
testant’’ each place such term appears; and
486
(B) by striking ‘‘to that court’s making the
modification and assuming’’ and inserting ‘‘with
the State of continuing, exclusive jurisdiction
for a court of another State to modify the order
and assume’’;
(9) by redesignating subsections (f) and (g) as
subsections (g) and (h), respectively;
(10) by inserting after subsection (e) the follow-
ing new subsection:
‘‘(f) RECOGNITION OF CHILD SUPPORT ORDERS.—
If 1 or more child support orders have been issued in this
or another State with regard to an obligor and a child,
a court shall apply the following rules in determining
which order to recognize for purposes of continuing, exclu-
sive jurisdiction and enforcement:
‘‘(1) If only 1 court has issued a child support
order, the order of that court must be recognized.
‘‘(2) If 2 or more courts have issued child sup-
port orders for the same obligor and child, and only
1 of the courts would have continuing, exclusive ju-
risdiction under this section, the order of that court
must be recognized.
‘‘(3) If 2 or more courts have issued child sup-
port orders for the same obligor and child, and more
than 1 of the courts would have continuing, exclusive
487
jurisdiction under this section, an order issued by a
court in the current home State of the child must
be recognized, but if an order has not been issued
in the current home State of the child, the order
most recently issued must be recognized.
‘‘(4) If 2 or more courts have issued child sup-
port orders for the same obligor and child, and none
of the courts would have continuing, exclusive juris-
diction under this section, a court may issue a child
support order, which must be recognized.
‘‘(5) The court that has issued an order recog-
nized under this subsection is the court having con-
tinuing, exclusive jurisdiction.’’;
(11) in subsection (g) (as so redesignated)—
(A) by striking ‘‘PRIOR’’ and inserting
‘‘MODIFIED’’; and
(B) by striking ‘‘subsection (e)’’ and in-
serting ‘‘subsections (e) and (f)’’;
(12) in subsection (h) (as so redesignated)—
(A) in paragraph (2), by inserting ‘‘includ-
ing the duration of current payments and other
obligations of support’’ before the comma; and
(B) in paragraph (3), by inserting ‘‘arrears
under’’ after ‘‘enforce’’; and
488
(13) by adding at the end the following new
subsection:
‘‘(i) REGISTRATION FOR MODIFICATION.—If there is
no individual contestant or child residing in the issuing
State, the party or support enforcement agency seeking
to modify, or to modify and enforce, a child support order
issued in another State shall register that order in a State
with jurisdiction over the nonmovant for the purpose of
modification.’’.
SEC. 923. ADMINISTRATIVE ENFORCEMENT IN INTERSTATE
CASES.
Section 466(a) (42 U.S.C. 666(a)), as amended by
sections 915 and 917(a), is amended by adding at the end
the following new paragraph:
‘‘(14) Procedures under which—
‘‘(A)(i) the State shall respond within 5
business days to a request made by another
State to enforce a support order; and
‘‘(ii) the term ‘business day’ means a day
on which State offices are open for regular
business;
‘‘(B) the State may, by electronic or other
means, transmit to another State a request for
assistance in a case involving the enforcement
of a support order, which request—
489
‘‘(i) shall include such information as
will enable the State to which the request
is transmitted to compare the information
about the case to the information in the
data bases of the State; and
‘‘(ii) shall constitute a certification by
the requesting State—
‘‘(I) of the amount of support
under the order the payment of which
is in arrears; and
‘‘(II) that the requesting State
has complied with all procedural due
process requirements applicable to the
case;
‘‘(C) if the State provides assistance to an-
other State pursuant to this paragraph with re-
spect to a case, neither State shall consider the
case to be transferred to the caseload of such
other State; and
‘‘(D) the State shall maintain records of—
‘‘(i) the number of such requests for
assistance received by the State;
‘‘(ii) the number of cases for which
the State collected support in response to
such a request; and
490
‘‘(iii) the amount of such collected
support.’’.
SEC. 924. USE OF FORMS IN INTERSTATE ENFORCEMENT.
(a) PROMULGATION.—Section 452(a) (42 U.S.C.
652(a)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(9);
(2) by striking the period at the end of para-
graph (10) and inserting ‘‘; and’’; and
(3) by adding at the end the following new
paragraph:
‘‘(11) not later than 60 days after the date of
the enactment of the Work Opportunity Act of 1995,
establish an advisory committee, which shall include
State directors of programs under this part, and not
later than June 30, 1996, after consultation with
the advisory committee, promulgate forms to be used
by States in interstate cases for—
‘‘(A) collection of child support through in-
come withholding;
‘‘(B) imposition of liens; and
‘‘(C) administrative subpoenas.’’.
(b) USE BY STATES.—Section 454(9) (42 U.S.C.
654(9)) is amended—
491
(1) by striking ‘‘and’’ at the end of subpara-
graph (C);
(2) by inserting ‘‘and’’ at the end of subpara-
graph (D); and
(3) by adding at the end the following new sub-
paragraph:
‘‘(E) no later than October 1, 1996, in
using the forms promulgated pursuant to sec-
tion 452(a)(11) for income withholding, imposi-
tion of liens, and issuance of administrative
subpoenas in interstate child support cases;’’.
SEC. 925. STATE LAWS PROVIDING EXPEDITED PROCE-
DURES.
(a) STATE LAW REQUIREMENTS.—Section 466 (42
U.S.C. 666), as amended by section 914, is amended—
(1) in subsection (a)(2), by striking the 1st sen-
tence and inserting the following: ‘‘Expedited admin-
istrative and judicial procedures (including the pro-
cedures specified in subsection (c)) for establishing
paternity and for establishing, modifying, and en-
forcing support obligations.’’; and
(2) by inserting after subsection (b) the follow-
ing new subsection:
‘‘(c) The procedures specified in this subsection are
the following:
492
‘‘(1) Procedures which give the State agency
the authority to take the following actions relating
to establishment or enforcement of support orders,
without the necessity of obtaining an order from any
other judicial or administrative tribunal, and to rec-
ognize and enforce the authority of State agencies of
other States) to take the following actions:
‘‘(A) To order genetic testing for the pur-
pose of paternity establishment as provided in
section 466(a)(5).
‘‘(B) To subpoena any financial or other
information needed to establish, modify, or en-
force a support order, and to impose penalties
for failure to respond to such a subpoena.
‘‘(C) To require all entities in the State
(including for-profit, nonprofit, and govern-
mental employers) to provide promptly, in re-
sponse to a request by the State agency of that
or any other State administering a program
under this part, information on the employ-
ment, compensation, and benefits of any indi-
vidual employed by such entity as an employee
or contractor, and to sanction failure to respond
to any such request.
493
‘‘(D) To obtain access, subject to safe-
guards on privacy and information security, to
the following records (including automated ac-
cess, in the case of records maintained in auto-
mated data bases):
‘‘(i) Records of other State and local
government agencies, including—
‘‘(I) vital statistics (including
records of marriage, birth, and di-
vorce);
‘‘(II) State and local tax and rev-
enue records (including information
on residence address, employer, in-
come and assets);
‘‘(III) records concerning real
and titled personal property;
‘‘(IV) records of occupational and
professional licenses, and records con-
cerning the ownership and control of
corporations, partnerships, and other
business entities;
‘‘(V) 
employment 
security
records;
‘‘(VI) records of agencies admin-
istering public assistance programs;
494
‘‘(VII) records of the motor vehi-
cle department; and
‘‘(VIII) corrections records.
‘‘(ii) Certain records held by private
entities, including—
‘‘(I) customer records of public
utilities and cable television compa-
nies; and
‘‘(II) information (including in-
formation on assets and liabilities) on
individuals who owe or are owed sup-
port (or against or with respect to
whom a support obligation is sought)
held by financial institutions (subject
to limitations on liability of such enti-
ties arising from affording such ac-
cess), as provided pursuant to agree-
ments described in subsection (a)(18).
‘‘(E) In cases where support is subject to
an assignment in order to comply with a re-
quirement imposed pursuant to part A or sec-
tion 1912, or to a requirement to pay through
the State disbursement unit established pursu-
ant to section 454B, upon providing notice to
obligor and obligee, to direct the obligor or
495
other payor to change the payee to the appro-
priate government entity.
‘‘(F) To order income withholding in ac-
cordance with subsections (a)(1) and (b) of sec-
tion 466.
‘‘(G) In cases in which there is a support
arrearage, to secure assets to satisfy the arrear-
age by—
‘‘(i) intercepting or seizing periodic or
lump-sum payments from—
‘‘(I) a State or local agency, in-
cluding unemployment compensation,
workers’ compensation, and other ben-
efits; and
‘‘(II) judgments, settlements, and
lotteries;
‘‘(ii) attaching and seizing assets of
the obligor held in financial institutions;
‘‘(iii) attaching public and private re-
tirement funds; and
‘‘(iv) imposing liens in accordance
with subsection (a)(4) and, in appropriate
cases, to force sale of property and dis-
tribution of proceeds.
496
‘‘(H) For the purpose of securing overdue
support, to increase the amount of monthly
support payments to include amounts for ar-
rearages, subject to such conditions or limita-
tions as the State may provide.
Such procedures shall be subject to due process safe-
guards, including (as appropriate) requirements for
notice, opportunity to contest the action, and oppor-
tunity for an appeal on the record to an independent
administrative or judicial tribunal.
‘‘(2) The expedited procedures required under
subsection (a)(2) shall include the following rules
and authority, applicable with respect to all proceed-
ings to establish paternity or to establish, modify, or
enforce support orders:
‘‘(A) Procedures under which—
‘‘(i) each party to any paternity or
child support proceeding is required (sub-
ject to privacy safeguards) to file with the
tribunal and the State case registry upon
entry of an order, and to update as appro-
priate, information on location and identity
of the party, including social security num-
ber, residential and mailing addresses, tele-
phone number, driver’s license number,
497
and name, address, and name and tele-
phone number of employer; and
‘‘(ii) in any subsequent child support
enforcement action between the parties,
upon sufficient showing that diligent effort
has been made to ascertain the location of
such a party, the tribunal may deem State
due process requirements for notice and
service of process to be met with respect to
the party, upon delivery of written notice
to the most recent residential or employer
address filed with the tribunal pursuant to
clause (i).
‘‘(B) Procedures under which—
‘‘(i) the State agency and any admin-
istrative or judicial tribunal with authority
to hear child support and paternity cases
exerts statewide jurisdiction over the par-
ties; and
‘‘(ii) in a State in which orders are is-
sued by courts or administrative tribunals,
a case may be transferred between local ju-
risdictions in the State without need for
any additional filing by the petitioner, or
498
service of process upon the respondent, to
retain jurisdiction over the parties.’’.
(b) AUTOMATION OF STATE AGENCY FUNCTIONS.—
Section 454A, as added by section 944(a)(2) and as
amended by sections 911 and 912(c), is amended by add-
ing at the end the following new subsection:
‘‘(h) EXPEDITED ADMINISTRATIVE PROCEDURES.—
The automated system required by this section shall be
used, to the maximum extent feasible, to implement the
expedited administrative procedures required by section
466(c).’’.
Subtitle D—Paternity
Establishment
SEC. 931. STATE LAWS CONCERNING PATERNITY ESTAB-
LISHMENT.
(a) STATE LAWS REQUIRED.—Section 466(a)(5) (42
U.S.C. 666(a)(5)) is amended to read as follows:
‘‘(5)(A)(i) Procedures which permit the estab-
lishment of the paternity of a child at any time be-
fore the child attains 21 years of age.
‘‘(ii) As of August 16, 1984, clause (i) shall
also apply to a child for whom paternity has not
been established or for whom a paternity action was
brought but dismissed because a statute of limita-
499
tions of less than 21 years was then in effect in the
State.
‘‘(B)(i) Procedures under which the State is re-
quired, in a contested paternity case, unless other-
wise barred by State law, to require the child and
all other parties (other than individuals found under
section 454(29) to have good cause for refusing to
cooperate) to submit to genetic tests upon the re-
quest of any such party if the request is supported
by a sworn statement by the party—
‘‘(I) alleging paternity, and setting forth
facts establishing a reasonable possibility of the
requisite sexual contact between the parties; or
‘‘(II) denying paternity, and setting forth
facts establishing a reasonable possibility of the
nonexistence of sexual contact between the par-
ties.
‘‘(ii) Procedures which require the State agency
in any case in which the agency orders genetic test-
ing—
‘‘(I) to pay costs of such tests, subject to
recoupment (where the State so elects) from the
alleged father if paternity is established; and
‘‘(II) to obtain additional testing in any
case where an original test result is contested,
500
upon request and advance payment by the con-
testant.
‘‘(C)(i) Procedures for a simple civil process for
voluntarily acknowledging paternity under which the
State must provide that, before a mother and a pu-
tative father can sign an acknowledgment of pater-
nity, the mother and the putative father must be
given notice, orally and in writing, of the alter-
natives to, the legal consequences of, and the rights
(including, if 1 parent is a minor, any rights af-
forded due to minority status) and responsibilities
that arise from, signing the acknowledgment.
‘‘(ii) Such procedures must include a hospital-
based program for the voluntary acknowledgment of
paternity focusing on the period immediately before
or after the birth of a child, subject to such good
cause and other exceptions as the State shall estab-
lish and taking into account the best interests of the
child.
‘‘(iii)(I) Such procedures must require the State
agency responsible for maintaining birth records to
offer voluntary paternity establishment services.
‘‘(II)(aa) The Secretary shall prescribe regula-
tions governing voluntary paternity establishment
501
services offered by hospitals and birth record agen-
cies.
‘‘(bb) The Secretary shall prescribe regulations
specifying the types of other entities that may offer
voluntary paternity establishment services, and gov-
erning the provision of such services, which shall in-
clude a requirement that such an entity must use
the same notice provisions used by, use the same
materials used by, provide the personnel providing
such services with the same training provided by,
and evaluate the provision of such services in the
same manner as the provision of such services is
evaluated by, voluntary paternity establishment pro-
grams of hospitals and birth record agencies.
‘‘(iv) Such procedures must require the State to
develop and use an affidavit for the voluntary ac-
knowledgment of paternity which includes the mini-
mum requirements of the affidavit developed by the
Secretary under section 452(a)(7) for the voluntary
acknowledgment of paternity, and to give full faith
and credit to such an affidavit signed in any other
State according to its procedures.
‘‘(D)(i) Procedures under which the name of
the father shall be included on the record of birth
of the child only—
502
‘‘(I) if the father and mother have signed
a voluntary acknowledgment of paternity; or
‘‘(II) pursuant to an order issued in a judi-
cial or administrative proceeding.
Nothing in this clause shall preclude a State agency
from obtaining an admission of paternity from the
father for submission in a judicial or administrative
proceeding, or prohibit an order issued in a judicial
or administrative proceeding which bases a legal
finding of paternity on an admission of paternity by
the father and any other additional showing required
by State law.
‘‘(ii) Procedures under which—
‘‘(I) a voluntary acknowledgment of pater-
nity is considered a legal finding of paternity,
subject to the right of any signatory to rescind
the acknowledgment within 60 days;
‘‘(II) after the 60-day period referred to in
subclause (I), a signed voluntary acknowledg-
ment of paternity may be challenged in court
only on the basis of fraud, duress, or material
mistake of fact, with the burden of proof upon
the challenger, and under which the legal re-
sponsibilities (including child support obliga-
tions) of any signatory arising from the ac-
503
knowledgment may not be suspended during the
challenge, except for good cause shown; and
‘‘(III) judicial or administrative proceed-
ings are not required or permitted to ratify an
unchallenged acknowledgment of paternity.
‘‘(E) Procedures under which judicial or admin-
istrative proceedings are not required or permitted
to ratify an unchallenged acknowledgment of pater-
nity.
‘‘(F) Procedures—
‘‘(i) requiring the admission into evidence,
for purposes of establishing paternity, of the re-
sults of any genetic test that is—
‘‘(I) of a type generally acknowledged
as reliable by accreditation bodies des-
ignated by the Secretary; and
‘‘(II) performed by a laboratory ap-
proved by such an accreditation body;
‘‘(ii) requiring an objection to genetic test-
ing results to be made in writing not later than
a specified number of days before any hearing
at which the results may be introduced into evi-
dence (or, at State option, not later than a
specified number of days after receipt of the re-
sults); and
504
‘‘(iii) making the test results admissible as
evidence of paternity without the need for foun-
dation testimony or other proof of authenticity
or accuracy, unless objection is made.
‘‘(G) Procedures which create a rebuttable or,
at the option of the State, conclusive presumption of
paternity upon genetic testing results indicating a
threshold probability that the alleged father is the
father of the child.
‘‘(H) Procedures requiring a default order to be
entered in a paternity case upon a showing of service
of process on the defendant and any additional
showing required by State law.
‘‘(I) Procedures providing that the parties to an
action to establish paternity are not entitled to a
trial by jury.
‘‘(J) Procedures which require that a temporary
order be issued, upon motion by a party, requiring
the provision of child support pending an adminis-
trative or judicial determination of parentage, where
there is clear and convincing evidence of paternity
(on the basis of genetic tests or other evidence).
‘‘(K) Procedures under which bills for preg-
nancy, childbirth, and genetic testing are admissible
as evidence without requiring third-party foundation
505
testimony, and shall constitute prima facie evidence
of amounts incurred for such services or for testing
on behalf of the child.
‘‘(L) Procedures ensuring that the putative fa-
ther has a reasonable opportunity to initiate a pater-
nity action.
‘‘(M) Procedures under which voluntary ac-
knowledgments and adjudications of paternity by ju-
dicial or administrative processes are filed with the
State registry of birth records for comparison with
information in the State case registry.’’.
(b) NATIONAL PATERNITY ACKNOWLEDGMENT AFFI-
DAVIT.—Section 452(a)(7) (42 U.S.C. 652(a)(7)) is
amended by inserting ‘‘, and develop an affidavit to be
used for the voluntary acknowledgment of paternity which
shall include the social security number of each parent’’
before the semicolon.
(c) TECHNICAL
AMENDMENT.—Section 468 (42
U.S.C. 668) is amended by striking ‘‘a simple civil process
for voluntarily acknowledging paternity and’’.
SEC. 932. OUTREACH FOR VOLUNTARY PATERNITY ESTAB-
LISHMENT.
Section 454(23) (42 U.S.C. 654(23)) is amended by
inserting ‘‘and will publicize the availability and encourage
the use of procedures for voluntary establishment of pater-
506
nity and child support by means the State deems appro-
priate’’ before the semicolon.
SEC. 933. COOPERATION BY APPLICANTS FOR AND RECIPI-
ENTS OF TEMPORARY FAMILY ASSISTANCE.
Section 454 (42 U.S.C. 654), as amended by sections
901(b), 904(a), 912(a), and 913(a), is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(27);
(2) by striking the period at the end of para-
graph (28) and inserting ‘‘; and’’; and
(3) by inserting after paragraph (28) the fol-
lowing new paragraph:
‘‘(29) provide that the State agency responsible
for administering the State plan—
‘‘(A) shall make the determination (and re-
determination at appropriate intervals) as to
whether an individual who has applied for or is
receiving assistance under the State program
funded under part A or the State program
under title XIX is cooperating in good faith
with the State in establishing the paternity of,
or in establishing, modifying, or enforcing a
support order for, any child of the individual by
providing the State agency with the name of,
and such other information as the State agency
507
may require with respect to, the noncustodial
parent of the child, subject to such good cause
and other exceptions as the State shall establish
and taking into account the best interests of the
child;
‘‘(B) shall require the individual to supply
additional necessary information and appear at
interviews, hearings, and legal proceedings;
‘‘(C) shall require the individual and the
child to submit to genetic tests pursuant to ju-
dicial or administrative order; and
‘‘(D) shall promptly notify the individual
and the State agency administering the State
program funded under part A and the State
agency administering the State program under
title XIX of each such determination, and if
noncooperation is determined, the basis there-
fore.’’.
Subtitle E—Program
Administration and Funding
SEC. 941. PERFORMANCE-BASED INCENTIVES AND PEN-
ALTIES.
(a) INCENTIVE PAYMENTS.—
(1) IN GENERAL.—Section 458 (42 U.S.C. 658)
is amended—
508
(A) in subsection (a), by striking ‘‘aid to
families’’ and all through the end period, and
inserting ‘‘assistance under a program funded
under part A, and regardless of the economic
circumstances of their parents, the Secretary
shall, from the support collected which would
otherwise represent the reimbursement to the
Federal government under section 457, pay to
each State for each fiscal year, on a quarterly
basis (as described in subsection (e)) beginning
with the quarter commencing October 1, 1999,
an incentive payment in an amount determined
under subsections (b) and (c).’’;
(B) by striking subsections (b) and (c) and
inserting the following:
‘‘(b)(1) Not later than 60 days after the date of the
enactment of the Work Opportunity Act of 1995, the Sec-
retary shall establish a committee which shall include
State directors of programs under this part and which
shall develop for the Secretary’s approval a formula for
the distribution of incentive payments to the States.
‘‘(2) The formula developed and approved under
paragraph (1)—
‘‘(A) shall result in a percentage of the collec-
tions described in subsection (a) being distributed to
509
each State based on the State’s comparative per-
formance in the following areas and any other areas
approved by the Secretary under this subsection:
‘‘(i) The IV–D paternity establishment
percentage, as defined in section 452(g)(2).
‘‘(ii) The percentage of cases with a sup-
port order with respect to which services are
being provided under the State plan approved
under this part.
‘‘(iii) The percentage of cases with a sup-
port order in which child support is paid with
respect to which services are being so provided.
‘‘(iv) In cases receiving services under the
State plan approved under this part, the
amount of child support collected compared to
the amount of outstanding child support owed.
‘‘(v) The cost-effectiveness of the State
program;
‘‘(B) shall take into consideration—
‘‘(i) the impact that incentives can have on
reducing the need to provide public assistance
and on permanently removing families from
public assistance;
510
‘‘(ii) the need to balance accuracy and fair-
ness with simplicity of understanding and data
gathering;
‘‘(iii) the need to reward performance
which improves short- and long-term program
outcomes, especially establishing paternity and
support orders and encouraging the timely pay-
ment of support;
‘‘(iv) the Statewide paternity establishment
percentage;
‘‘(v) baseline data on current performance
and projected costs of performance increases to
assure that top performing States can actually
achieve the top incentive levels with a reason-
able resource investment;
‘‘(vi) performance outcomes which would
warrant an increase in the total incentive pay-
ments made to the States; and
‘‘(vii) the use or distribution of any portion
of the total incentive payments in excess of the
total of the payments which may be distributed
under subsection (c);
‘‘(C) shall be determined so as to distribute to
the States total incentive payments equal to the total
incentive payments for all States in fiscal year 1994,
511
plus a portion of any increase in the reimbursement
to the Federal Government under section 457 from
fiscal year 1999 or any other increase based on
other performance outcomes approved by the Sec-
retary under this subsection;
‘‘(D) shall use a definition of the term ‘State’
which does not include any area within the jurisdic-
tion of an Indian tribal government; and
‘‘(E) shall use a definition of the term ‘State-
wide paternity establishment percentage’ to mean
with respect to a State and a fiscal year—
‘‘(i) the total number of children in the
State who were born out of wedlock, who have
not attained 1 year of age and for whom pater-
nity is established or acknowledged during the
fiscal year; divided by
‘‘(ii) the total number of children born out
of wedlock in the State during the fiscal year.
‘‘(c) The total amount of the incentives payment
made by the Secretary to a State in a fiscal year shall
not exceed 90 percent of the total amounts expended by
such State during such year for the operation of the plan
approved under section 454, less payments to the State
pursuant to section 455 for such year.’’;
512
(2) in subsection (d), by striking ‘‘, and any
amounts’’ through ‘‘shall be excluded’’.
(b) PAYMENTS TO POLITICAL SUBDIVISIONS.—Sec-
tion 454(22) (42 U.S.C. 654(22)) is amended by inserting
before the semicolon the following: ‘‘, but a political sub-
division shall not be entitled to receive, and the State may
retain, any amount in excess of the amount the political
subdivision expends on the State program under this part,
less the amount equal to the percentage of that expendi-
ture paid by the Secretary under section 455’’.
(c) CALCULATION OF IV–D PATERNITY ESTABLISH-
MENT PERCENTAGE.—
(1) Section 452(g)(1) (42 U.S.C. 652(g)(1)) is
amended—
(A) in the matter preceding subparagraph
(A) by inserting ‘‘its overall performance in
child support enforcement is satisfactory (as de-
fined in section 458(b) and regulations of the
Secretary), and’’ after ‘‘1994,’’; and
(B) in each of subparagraphs (A) and (B),
by striking ‘‘75’’ and inserting ‘‘90’’.
(2) 
Section 
452(g)(2)(A) 
(42 
U.S.C.
652(g)(2)(A)) is amended in the matter preceding
clause (i)—
513
(A) by striking ‘‘paternity establishment
percentage’’ and inserting ‘‘IV–D paternity es-
tablishment percentage’’; and
(B) by striking ‘‘(or all States, as the case
may be)’’.
(3) Section 452(g)(3) (42 U.S.C. 652(g)(3)) is
amended—
(A) by striking subparagraph (A) and re-
designating subparagraphs (B) and (C) as sub-
paragraphs (A) and (B), respectively;
(B) in subparagraph (A) (as so redesig-
nated), by striking ‘‘the percentage of children
born out-of-wedlock in a State’’ and inserting
‘‘the percentage of children in a State who are
born out of wedlock or for whom support has
not been established’’; and
(C) in subparagraph (B) (as so redesig-
nated)—
(i) by inserting ‘‘and overall perform-
ance in child support enforcement’’ after
‘‘paternity establishment percentages’’; and
(ii) by inserting ‘‘and securing sup-
port’’ before the period.
(d) EFFECTIVE DATES.—
(1) INCENTIVE ADJUSTMENTS.—
514
(A) IN GENERAL.—The amendments made
by subsections (a) and (b) shall become effec-
tive on the date of the enactment of this Act,
except to the extent provided in subparagraph
(B).
(B) EXCEPTION.—Section 458 of the So-
cial Security Act, as in effect before the date of
the enactment of this section, shall be effective
for purposes of incentive payments to States for
fiscal years before fiscal year 2000.
(2) PENALTY REDUCTIONS.—The amendments
made by subsection (c) shall become effective with
respect to calendar quarters beginning on and after
the date of the enactment of this Act.
SEC. 942. FEDERAL AND STATE REVIEWS AND AUDITS.
(a) STATE AGENCY ACTIVITIES.—Section 454 (42
U.S.C. 654) is amended—
(1) in paragraph (14), by striking ‘‘(14)’’ and
inserting ‘‘(14)(A)’’;
(2) by redesignating paragraph (15) as sub-
paragraph (B) of paragraph (14); and
(3) by inserting after paragraph (14) the fol-
lowing new paragraph:
‘‘(15) provide for—
515
‘‘(A) a process for annual reviews of and
reports to the Secretary on the State program
operated under the State plan approved under
this part, including such information as may be
necessary to measure State compliance with
Federal requirements for expedited procedures,
using such standards and procedures as are re-
quired by the Secretary, under which the State
agency will determine the extent to which the
program is operated in compliance with this
part; and
‘‘(B) a process of extracting from the auto-
mated data processing system required by para-
graph (16) and transmitting to the Secretary
data and calculations concerning the levels of
accomplishment (and rates of improvement)
with respect to applicable performance indica-
tors (including IV–D paternity establishment
percentages and overall performance in child
support enforcement) to the extent necessary
for purposes of sections 452(g) and 458.’’.
(b) FEDERAL ACTIVITIES.—Section 452(a)(4) (42
U.S.C. 652(a)(4)) is amended to read as follows:
‘‘(4)(A) review data and calculations transmit-
ted 
by 
State 
agencies 
pursuant 
to 
section
516
454(15)(B) on State program accomplishments with
respect to performance indicators for purposes of
subsection (g) of this section and section 458;
‘‘(B) review annual reports submitted pursuant
to section 454(15)(A) and, as appropriate, provide
to the State comments, recommendations for addi-
tional or alternative corrective actions, and technical
assistance; and
‘‘(C) conduct audits, in accordance with the
Government auditing standards of the Comptroller
General of the United States—
‘‘(i) at least once every 3 years (or more
frequently, in the case of a State which fails to
meet the requirements of this part concerning
performance standards and reliability of pro-
gram data) to assess the completeness, reliabil-
ity, and security of the data, and the accuracy
of the reporting systems, used in calculating
performance indicators under subsection (g) of
this section and section 458;
‘‘(ii) of the adequacy of financial manage-
ment of the State program operated under the
State plan approved under this part, including
assessments of—
517
‘‘(I) whether Federal and other funds
made available to carry out the State pro-
gram are being appropriately expended,
and are properly and fully accounted for;
and
‘‘(II) whether collections and disburse-
ments of support payments are carried out
correctly and are fully accounted for; and
‘‘(iii) for such other purposes as the Sec-
retary may find necessary;’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall be effective with respect to calendar
quarters beginning 12 months or more after the date of
the enactment of this Act.
SEC. 943. REQUIRED REPORTING PROCEDURES.
(a) ESTABLISHMENT.—Section 452(a)(5) (42 U.S.C.
652(a)(5)) is amended by inserting ‘‘, and establish proce-
dures to be followed by States for collecting and reporting
information required to be provided under this part, and
establish uniform definitions (including those necessary to
enable the measurement of State compliance with the re-
quirements of this part relating to expedited processes) to
be applied in following such procedures’’ before the semi-
colon.
518
(b) STATE PLAN REQUIREMENT.—Section 454 (42
U.S.C. 654), as amended by sections 901(b), 904(a),
912(a), 913(a), and 933, is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(28);
(2) by striking the period at the end of para-
graph (29) and inserting ‘‘; and’’; and
(3) by adding after paragraph (29) the follow-
ing new paragraph:
‘‘(30) provide that the State shall use the defi-
nitions established under section 452(a)(5) in col-
lecting and reporting information as required under
this part.’’.
SEC. 944. AUTOMATED DATA PROCESSING REQUIREMENTS.
(a) REVISED REQUIREMENTS.—
(1) IN GENERAL.—Section 454(16) (42 U.S.C.
654(16)) is amended—
(A) by striking ‘‘, at the option of the
State,’’;
(B) by inserting ‘‘and operation by the
State agency’’ after ‘‘for the establishment’’;
(C) by inserting ‘‘meeting the requirements
of section 454A’’ after ‘‘information retrieval
system’’;
519
(D) by striking ‘‘in the State and localities
thereof, so as (A)’’ and inserting ‘‘so as’’;
(E) by striking ‘‘(i)’’; and
(F) by striking ‘‘(including’’ and all that
follows and inserting a semicolon.
(2) AUTOMATED DATA PROCESSING.—Part D of
title IV (42 U.S.C. 651–669) is amended by insert-
ing after section 454 the following new section:
‘‘SEC. 454A. AUTOMATED DATA PROCESSING.
‘‘(a) IN GENERAL.—In order for a State to meet the
requirements of this section, the State agency administer-
ing the State program under this part shall have in oper-
ation a single statewide automated data processing and
information retrieval system which has the capability to
perform the tasks specified in this section with the fre-
quency and in the manner required by or under this part.
‘‘(b) PROGRAM MANAGEMENT.—The automated sys-
tem required by this section shall perform such functions
as the Secretary may specify relating to management of
the State program under this part, including—
‘‘(1) controlling and accounting for use of Fed-
eral, State, and local funds in carrying out the pro-
gram; and
520
‘‘(2) maintaining the data necessary to meet
Federal reporting requirements under this part on a
timely basis.
‘‘(c) CALCULATION
OF
PERFORMANCE
INDICA-
TORS.—In order to enable the Secretary to determine the
incentive and penalty adjustments required by sections
452(g) and 458, the State agency shall—
‘‘(1) use the automated system—
‘‘(A) to maintain the requisite data on
State performance with respect to paternity es-
tablishment and child support enforcement in
the State; and
‘‘(B) to calculate the IV–D paternity es-
tablishment percentage and overall performance
in child support enforcement for the State for
each fiscal year; and
‘‘(2) have in place systems controls to ensure
the completeness and reliability of, and ready access
to, the data described in paragraph (1)(A), and the
accuracy of the calculations described in paragraph
(1)(B).
‘‘(d) INFORMATION INTEGRITY AND SECURITY.—The
State agency shall have in effect safeguards on the integ-
rity, accuracy, and completeness of, access to, and use of
data in the automated system required by this section,
521
which shall include the following (in addition to such other
safeguards as the Secretary may specify in regulations):
‘‘(1) POLICIES RESTRICTING ACCESS.—Written
policies concerning access to data by State agency
personnel, and sharing of data with other persons,
which—
‘‘(A) permit access to and use of data only
to the extent necessary to carry out the State
program under this part; and
‘‘(B) specify the data which may be used
for particular program purposes, and the per-
sonnel permitted access to such data.
‘‘(2) SYSTEMS
CONTROLS.—Systems controls
(such as passwords or blocking of fields) to ensure
strict adherence to the policies described in para-
graph (1).
‘‘(3) MONITORING OF ACCESS.—Routine mon-
itoring of access to and use of the automated sys-
tem, through methods such as audit trails and feed-
back mechanisms, to guard against and promptly
identify unauthorized access or use.
‘‘(4) TRAINING
AND
INFORMATION.—Proce-
dures to ensure that all personnel (including State
and local agency staff and contractors) who may
have access to or be required to use confidential pro-
522
gram data are informed of applicable requirements
and penalties (including those in section 6103 of the
Internal Revenue Code of 1986), and are adequately
trained in security procedures.
‘‘(5) PENALTIES.—Administrative penalties (up
to and including dismissal from employment) for un-
authorized access to, or disclosure or use of, con-
fidential data.’’.
(3) REGULATIONS.—The Secretary of Health
and Human Services shall prescribe final regulations
for implementation of section 454A of the Social Se-
curity Act not later than 2 years after the date of
the enactment of this Act.
(4) 
IMPLEMENTATION
TIMETABLE.—Section
454(24) (42 U.S.C. 654(24)), as amended by sec-
tions 904(a)(2) and 912(a)(1), is amended to read
as follows:
‘‘(24) provide that the State will have in effect
an automated data processing and information re-
trieval system—
‘‘(A) by October 1, 1997, which meets all
requirements of this part which were enacted on
or before the date of enactment of the Family
Support Act of 1988; and
523
‘‘(B) by October 1, 1999, which meets all
requirements of this part enacted on or before
the date of the enactment of the Work Oppor-
tunity Act of 1995, except that such deadline
shall be extended by 1 day for each day (if any)
by which the Secretary fails to meet the dead-
line imposed by section 944(a)(3) of the Work
Opportunity Act of 1995.’’.
(b) SPECIAL FEDERAL MATCHING RATE FOR DE-
VELOPMENT COSTS OF AUTOMATED SYSTEMS.—
(1) IN GENERAL.—Section 455(a) (42 U.S.C.
655(a)) is amended—
(A) in paragraph (1)(B)—
(i) by striking ‘‘90 percent’’ and in-
serting ‘‘the percent specified in paragraph
(3)’’;
(ii) by striking ‘‘so much of’’; and
(iii) by striking ‘‘which the Secretary’’
and all that follows and inserting ‘‘, and’’;
and
(B) by adding at the end the following new
paragraph:
‘‘(3)(A) The Secretary shall pay to each State, for
each quarter in fiscal years 1996 and 1997, 90 percent
of so much of the State expenditures described in para-
524
graph (1)(B) as the Secretary finds are for a system meet-
ing the requirements specified in section 454(16) (as in
effect on the day before the date of the enactment of the
Work Opportunity Act of 1995), but limited to the amount
approved for States in the advance planning documents
of such States submitted on or before May 1, 1995.
‘‘(B)(i) The Secretary shall pay to each State, for
each quarter in fiscal years 1997 through 2001, the per-
centage specified in clause (ii) of so much of the State
expenditures described in paragraph (1)(B) as the Sec-
retary finds are for a system meeting the requirements
of sections 454(16) and 454A.
‘‘(ii) The percentage specified in this clause is the
greater of—
‘‘(I) 80 percent; or
‘‘(II) the percentage otherwise applicable to
Federal payments to the State under subparagraph
(A) (as adjusted pursuant to section 458).’’.
(2) TEMPORARY
LIMITATION
ON
PAYMENTS
UNDER SPECIAL FEDERAL MATCHING RATE.—
(A) 
IN
GENERAL.—The 
Secretary 
of
Health and Human Services may not pay more
than $260,000,000 in the aggregate under sec-
tion 455(a)(3) of the Social Security Act for fis-
cal years 1996, 1997, 1998, 1999, and 2000.
525
(B) ALLOCATION OF LIMITATION AMONG
STATES.—The total amount payable to a State
under section 455(a)(3) of such Act for fiscal
years 1996, 1997, 1998, 1999, and 2000 shall
not exceed the limitation determined for the
State by the Secretary of Health and Human
Services in regulations.
(C) ALLOCATION FORMULA.—The regula-
tions referred to in subparagraph (B) shall pre-
scribe a formula for allocating the amount spec-
ified in subparagraph (A) among States with
plans approved under part D of title IV of the
Social Security Act, which shall take into ac-
count—
(i) the relative size of State caseloads
under such part; and
(ii) the level of automation needed to
meet the automated data processing re-
quirements of such part.
(c) CONFORMING AMENDMENT.—Section 123(c) of
the Family Support Act of 1988 (102 Stat. 2352; Public
Law 100–485) is repealed.
SEC. 945. TECHNICAL ASSISTANCE.
(a) FOR TRAINING OF FEDERAL AND STATE STAFF,
RESEARCH AND DEMONSTRATION PROGRAMS, AND SPE-
526
CIAL PROJECTS OF REGIONAL OR NATIONAL SIGNIFI-
CANCE.—Section 452 (42 U.S.C. 652) is amended by add-
ing at the end the following new subsection:
‘‘(j) Out of any money in the Treasury of the United
States not otherwise appropriated, there is hereby appro-
priated to the Secretary for each fiscal year an amount
equal to 1 percent of the total amount paid to the Federal
Government pursuant to section 457(a) during the imme-
diately 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—
‘‘(1) information dissemination and technical
assistance to States, training of State and Federal
staff, staffing studies, and related activities needed
to improve programs under this part (including tech-
nical assistance concerning State automated systems
required by this part); and
‘‘(2) research, demonstration, and special
projects of regional or national significance relating
to the operation of State programs under this
part.’’.
(b) OPERATION
OF FEDERAL PARENT LOCATOR
SERVICE.—Section 453 (42 U.S.C. 653), as amended by
527
section 916(f), is amended by adding at the end the follow-
ing new subsection:
‘‘(n) Out of any money in the Treasury of the United
States not otherwise appropriated, there is hereby appro-
priated to the Secretary for each fiscal year an amount
equal to 2 percent of the total amount paid to the Federal
Government pursuant to section 457(a) during the imme-
diately 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 Loca-
tor Service under this section, to the extent such costs are
not recovered through user fees.’’.
SEC. 946. 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
(B) by adding at the end the following new
clauses:
‘‘(i) the total amount of child support
payments collected as a result of services
528
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 (1) cases’’;
(ii) by striking ‘‘cases where the child
was formerly receiving’’ and inserting ‘‘or
formerly received’’;
529
(iii) by inserting ‘‘or 1912’’ after
‘‘471(a)(17)’’; and
(iv) by inserting ‘‘(2)’’ 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’’.
(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’’.
530
(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 all that follows subparagraph
(J), as added by paragraph (4).
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall be effective with respect to fiscal year
1996 and succeeding fiscal years.
Subtitle F—Establishment and
Modification of Support Orders
SEC. 951. NATIONAL CHILD SUPPORT GUIDELINES COMMIS-
SION.
(a) ESTABLISHMENT.—There is hereby established a
commission to be known as the National Child Support
Guidelines Commission (in this section referred to as the
‘‘Commission’’).
531
(b) GENERAL DUTIES.—
(1) IN GENERAL.—The Commission shall deter-
mine—
(A) whether it is appropriate to develop a
national child support guideline for consider-
ation by the Congress or for adoption by indi-
vidual States; or
(B) based on a study of various guideline
models, the benefits and deficiencies of such
models, and any needed improvements.
(2) DEVELOPMENT OF MODELS.—If the Com-
mission determines under paragraph (1)(A) that a
national child support guideline is needed or under
paragraph (1)(B) that improvements to guideline
models are needed, the Commission shall develop
such national guideline or improvements.
(c) MATTERS FOR CONSIDERATION BY THE COMMIS-
SION.—In making the recommendations concerning guide-
lines required under subsection (b), the Commission shall
consider—
(1) the adequacy of State child support guide-
lines established pursuant to section 467;
(2) matters generally applicable to all support
orders, including—
532
(A) the feasibility of adopting uniform
terms in all child support orders;
(B) how to define income and under what
circumstances income should be imputed; and
(C) tax treatment of child support pay-
ments;
(3) the appropriate treatment of cases in which
either or both parents have financial obligations to
more than 1 family, including the effect (if any) to
be given to—
(A) the income of either parent’s spouse;
and
(B) the financial responsibilities of either
parent for other children or stepchildren;
(4) the appropriate treatment of expenses for
child care (including care of the children of either
parent, and work-related or job-training-related child
care);
(5) the appropriate treatment of expenses for
health care (including uninsured health care) and
other extraordinary expenses for children with spe-
cial needs;
(6) the appropriate duration of support by 1 or
both parents, including—
533
(A) support (including shared support) for
postsecondary or vocational education; and
(B) support for disabled adult children;
(7) procedures to automatically adjust child
support orders periodically to address changed eco-
nomic circumstances, including changes in the
Consumer Price Index or either parent’s income and
expenses in particular cases;
(8) procedures to help noncustodial parents ad-
dress grievances regarding visitation and custody or-
ders to prevent such parents from withholding child
support payments until such grievances are resolved;
and
(9) whether, or to what extent, support levels
should be adjusted in cases in which custody is
shared or in which the noncustodial parent has ex-
tended visitation rights.
(d) MEMBERSHIP.—
(1) NUMBER; APPOINTMENT.—
(A) IN GENERAL.—The Commission shall
be composed of 12 individuals appointed not
later than January 15, 1997, of which—
(i) 2 shall be appointed by the Chair-
man of the Committee on Finance of the
Senate, and 1 shall be appointed by the
534
ranking minority member of the Commit-
tee;
(ii) 2 shall be appointed by the Chair-
man of the Committee on Ways and Means
of the House of Representatives, and 1
shall be appointed by the ranking minority
member of the Committee; and
(iii) 6 shall be appointed by the Sec-
retary of Health and Human Services.
(B) 
QUALIFICATIONS
OF
MEMBERS.—
Members of the Commission shall have exper-
tise and experience in the evaluation and devel-
opment of child support guidelines. At least 1
member shall represent advocacy groups for
custodial parents, at least 1 member shall rep-
resent advocacy groups for noncustodial par-
ents, and at least 1 member shall be the direc-
tor of a State program under part D of title IV
of the Social Security Act.
(2) TERMS OF OFFICE.—Each member shall be
appointed for a term of 2 years. A vacancy in the
Commission shall be filled in the manner in which
the original appointment was made.
(e) COMMISSION POWERS, COMPENSATION, ACCESS
TO INFORMATION, AND SUPERVISION.—The first sentence
535
of subparagraph (C), the first and third sentences of sub-
paragraph (D), subparagraph (F) (except with respect to
the conduct of medical studies), clauses (ii) and (iii) of
subparagraph (G), and subparagraph (H) of section
1886(e)(6) of the Social Security Act shall apply to the
Commission in the same manner in which such provisions
apply to the Prospective Payment Assessment Commis-
sion.
(f) REPORT.—Not later than 2 years after the ap-
pointment of members, the Commission shall submit to
the President, the Committee on Ways and Means of the
House of Representatives, and the Committee on Finance
of the Senate, a recommended national child support
guideline and a final assessment of issues relating to such
a proposed national child support guideline.
(g) TERMINATION.—The Commission shall terminate
6 months after the submission of the report described in
subsection (e).
SEC. 952. 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) Procedures under which the State shall
review and adjust each support order being enforced
under this part upon the request of either parent or
536
the State if there is an assignment. Such procedures
shall provide the following:
‘‘(A) The State shall review and, as appro-
priate, adjust the support order every 3 years,
taking into account the best interests of the
child involved.
‘‘(B)(i) The State may elect to review and,
if appropriate, adjust an order pursuant to sub-
paragraph (A) by—
‘‘(I) reviewing and, if appropriate, ad-
justing 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; or
‘‘(II) applying a cost-of-living adjust-
ment to the order in accordance with a for-
mula developed by the State and permit ei-
ther party to contest the adjustment, with-
in 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-
537
port guidelines established pursuant to sec-
tion 467(a).
‘‘(ii) Any adjustment under clause (i) shall
be made without a requirement for proof or
showing of a change in circumstances.
‘‘(C) The State may use automated meth-
ods (including automated comparisons with
wage or State income tax data) to identify or-
ders eligible for review, conduct the review,
identify orders eligible for adjustment, and
apply the appropriate adjustment to the orders
eligible for adjustment under the threshold es-
tablished by the State.
‘‘(D)(i) The State shall, at the request of
either parent subject to such an order or of any
State child support enforcement agency, review
and, if appropriate, adjust the order in accord-
ance with the guidelines established pursuant to
section 467(a) based upon a substantial change
in the circumstances of either parent.
‘‘(ii) The State shall provide notice to the
parents subject to such an order informing
them of their right to request the State to re-
view and, if appropriate, adjust the order pur-
538
suant to clause (i). The notice may be included
in the order.’’.
SEC. 953. FURNISHING CONSUMER REPORTS FOR CERTAIN
PURPOSES RELATING TO CHILD SUPPORT.
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 agen-
cy that—
‘‘(A) the consumer report is needed for the
purpose of establishing an individual’s capacity
to make child support payments or determining
the appropriate 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 ob-
ligation arises (if required by those laws);
‘‘(C) the person has provided at least 10
days’ prior notice to the consumer whose report
is requested, by certified or registered mail to
539
the last known address of the consumer, that
the report will be requested; and
‘‘(D) the consumer report will be kept con-
fidential, will be used solely for a purpose de-
scribed in subparagraph (A), and will not be
used in connection with any other civil, admin-
istrative, 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. 954. NONLIABILITY FOR DEPOSITORY INSTITUTIONS
PROVIDING FINANCIAL RECORDS TO STATE
CHILD SUPPORT ENFORCEMENT AGENCIES
IN CHILD SUPPORT CASES.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of Federal or State law, a depository 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.
(b) PROHIBITION
OF DISCLOSURE
OF FINANCIAL
RECORD OBTAINED
BY STATE CHILD SUPPORT EN-
540
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 ERRO-
NEOUS
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—
(A) the greater of—
541
(i) $1,000 for each act of unauthor-
ized disclosure of a financial record with
respect to which such defendant is found
liable; or
(ii) the sum of—
(I) the actual damages sustained
by the plaintiff as a result of such un-
authorized disclosure; plus
(II) in the case of a willful disclo-
sure or a disclosure which is the re-
sult of gross negligence, punitive dam-
ages; plus
(B) the costs (including attorney’s fees) of
the action.
(d) DEFINITIONS.—For purposes of this section:
(1) The term ‘‘depository institution’’ means—
(A) a depository institution, as defined in
section 3(c) of the Federal Deposit Insurance
Act (12 U.S.C. 1813(c));
(B) an institution-affiliated party, as de-
fined in section 3(u) of such Act (12 U.S.C.
1813(v)); and
(C) any Federal credit union or State cred-
it union, as defined in section 101 of the Fed-
eral Credit Union Act (12 U.S.C. 1752), includ-
542
ing an institution-affiliated party of such a
credit union, as defined in section 206(r) of
such Act (12 U.S.C. 1786(r)).
(2) The term ‘‘financial record’’ has the mean-
ing given such term in section 1101 of the Right to
Financial Privacy Act of 1978 (12 U.S.C. 3401).
(3) The term ‘‘State child support enforcement
agency’’ means a State agency which administers a
State program for establishing and enforcing child
support obligations.
Subtitle G—Enforcement of
Support Orders
SEC. 961. INTERNAL REVENUE SERVICE COLLECTION OF
ARREARAGES.
(a) AMENDMENT TO INTERNAL REVENUE CODE.—
Section 6305(a) of the Internal Revenue Code of 1986 (re-
lating 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’’;
(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-
543
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. 962. 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
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,
544
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.
‘‘(c) DESIGNATION OF AGENT; RESPONSE TO NOTICE
OR PROCESS—
‘‘(1) DESIGNATION OF AGENT.—The head of
each agency subject to this section shall—
545
‘‘(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
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
546
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
satisfy any other such processes on a 1st-come, 1st-
served basis, with any such process being satisfied
out of such moneys as remain after the satisfaction
of all such processes which have been previously
served.
547
‘‘(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
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
548
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—
‘‘(i) compensation paid or payable for
personal services of the individual, whether
the compensation is denominated as wages,
salary, commission, bonus, pay, allowances,
549
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
‘‘(V) by the Secretary of Veter-
ans Affairs as pension, or as com-
pensation for a service-connected dis-
ability or death (except any compensa-
550
tion paid by the Secretary to a mem-
ber of the Armed Forces who is in re-
ceipt of retired or retainer pay if the
member has waived a portion of the
retired pay of the member in order to
receive the compensation); and
‘‘(iii) workers’ 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-
able by, the United States to any individual, there
shall be excluded amounts which—
551
‘‘(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
‘‘(F) are deducted as normal life insurance
premiums from salary or other remuneration
552
for employment (not including amounts de-
ducted for supplementary coverage).
‘‘(i) DEFINITIONS.—As used in 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 peri-
odic payments of funds for the support and mainte-
nance of a child or children with respect to which
the individual has such an obligation, and (subject
to and in accordance with State law) includes pay-
ments to provide for health care, education, recre-
ation, clothing, or to meet other specific needs of
such a child or children, and includes attorney’s
fees, interest, and court costs, when and to the ex-
tent that the same are expressly made recoverable as
such pursuant to a decree, order, or judgment issued
553
in accordance with applicable State law by a court
of competent jurisdiction.
‘‘(3) ALIMONY.—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 accordance with State law) includes separate
maintenance, 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. Such term does not include
any payment or transfer of property or its value by
an individual to the spouse or a former spouse of the
individual in compliance with any community prop-
erty settlement, equitable distribution of property, or
other division of property between 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.
554
‘‘(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 of competent jurisdiction
in any State, territory, or possession of the
United States;
‘‘(ii) a court of competent jurisdiction
in any foreign country with which the
United States has entered into an agree-
ment which requires the United States to
honor the process; or
‘‘(iii) an authorized official pursuant
to an order of such a court 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.—
555
(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);
(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
556
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 by inserting ‘‘or
a court order for the payment of child support not
included in or accompanied by such a decree or set-
tlement,’’ before ‘‘which—’’.
(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’’.
557
(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)
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. 963. 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.—
558
(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.
(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.
559
(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.
(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.
560
(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
(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 962(c)(4), is amend-
ed—
(A) by redesignating subsections (i) and (j)
as subsections (j) and (k), respectively; and
561
(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
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: ‘‘In the case of a spouse or
former spouse who assigns to a State the rights of
the spouse or former spouse to receive support, the
Secretary concerned may make the child support
payments referred to in the preceding sentence to
that State in amounts consistent with that assign-
ment 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
562
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-
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. 964. VOIDING OF FRAUDULENT TRANSFERS.
Section 466 (42 U.S.C. 666), as amended by section
921, is amended by adding at the end the following new
subsection:
‘‘(g) 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
563
child support creditor, which the Secretary finds af-
fords comparable rights to child support creditors;
and
‘‘(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. 965. WORK REQUIREMENT FOR PERSONS OWING
CHILD SUPPORT.
Section 466(a) (42 U.S.C. 666(a)), as amended by
sections 901(a), 915, 917(a), and 923, is amended by add-
ing at the end the following new paragraph:
‘‘(15) Procedures requiring the State, in any
case in which an individual owes support with re-
spect to a child receiving services under this part, to
seek a court order or administrative order that re-
quires the individual to—
‘‘(A) pay such support in accordance with
a plan approved by the court; or
‘‘(B) if the individual is not working and
is not incapacitated, participate in work activi-
ties (including, at State option, work activities
564
as defined in section 482) as the court deems
appropriate.’’.
SEC. 966. DEFINITION OF SUPPORT ORDER.
Section 453 (42 U.S.C. 653) as amended by sections
916 and 945(b), is amended by adding at the end the fol-
lowing new subsection:
‘‘(o) As used in this part, the term ‘support order’
means a judgment, decree, or order, whether temporary,
final, or subject to modification, issued by a court or an
administrative agency of competent jurisdiction, for the
support and maintenance of a child, including a child who
has attained the age of majority under the law of the issu-
ing State, or a child and the parent with whom the child
is living, which provides for monetary support, health care,
arrearages, or reimbursement, and which may include re-
lated costs and fees, interest and penalties, income with-
holding, attorneys’ fees, and other relief.’’.
SEC. 967. REPORTING ARREARAGES TO CREDIT BUREAUS.
Section 466(a)(7) (42 U.S.C. 666(a)(7)) is amended
to read as follows:
‘‘(7)(A) Procedures (subject to safeguards pur-
suant to subparagraph (B)) requiring the State to
report periodically to consumer reporting agencies
(as defined in section 603(f) of the Fair Credit Re-
porting Act (15 U.S.C. 1681a(f)) the name of any
565
absent parent who is delinquent in the payment of
support, and the amount of overdue support owed by
such parent.
‘‘(B) Procedures ensuring that, in carrying out
subparagraph (A), information with respect to an
absent parent is reported—
‘‘(i) only after such parent has been af-
forded all due process required under State law,
including notice and a reasonable opportunity
to contest the accuracy of such information;
and
‘‘(ii) only to an entity that has furnished
evidence satisfactory to the State that the en-
tity is a consumer reporting agency.’’.
SEC. 968. LIENS.
Section 466(a)(4) (42 U.S.C. 666(a)(4)) is amended
to read as follows:
‘‘(4) Procedures under which—
‘‘(A) liens arise by operation of law against
real and personal property for amounts of over-
due support owed by an absent parent who re-
sides or owns property in the State; and
‘‘(B) the State accords full faith and credit
to liens described in subparagraph (A) arising
566
in another State, without registration of the un-
derlying order.’’.
SEC. 969. STATE LAW AUTHORIZING SUSPENSION OF LI-
CENSES.
Section 466(a) (42 U.S.C. 666(a)), as amended by
sections 915, 917(a), 923, and 965, is amended by adding
at the end the following new paragraph:
‘‘(16) Procedures under which the State has
(and uses in appropriate cases) authority to withhold
or suspend, or to restrict the use of, driver’s li-
censes, professional and occupational licenses, and
recreational licenses of individuals owing overdue
support or failing, after receiving appropriate notice,
to comply with subpoenas or warrants relating to
paternity or child support proceedings.’’.
SEC. 970. 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 945, is
amended by adding at the end the following 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
567
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 section 470(b) of the Work Op-
portunity Act of 1995.
‘‘(2) The Secretary shall not be liable to an individual
for any action with respect to a certification by a State
agency under this section.’’.
(2) STATE CSE AGENCY RESPONSIBILITY.—Sec-
tion 454 (42 U.S.C. 654), as amended by sections
901(b), 904(a), 912(b), 913(a), 933, and 943(a), is
amended—
(A) by striking ‘‘and’’ at the end of para-
graph (29);
(B) by striking the period at the end of
paragraph (30) and inserting ‘‘; and’’; and
(C) by adding after paragraph (30) the fol-
lowing new paragraph:
‘‘(31) provide that the State agency will have in
effect a procedure (which may be combined with the
procedure for tax refund offset under section 464)
for certifying to the Secretary, for purposes of the
procedure under section 452(k) (concerning denial of
passports), determinations that individuals owe ar-
568
rearages 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) STATE DEPARTMENT PROCEDURE FOR DENIAL
OF PASSPORTS.—
(1) IN GENERAL.—The Secretary of State shall,
upon certification by the Secretary of Health and
Human Services transmitted under section 452(k) of
the Social Security Act, refuse to issue a passport to
such individual, and may revoke, restrict, or limit a
passport issued previously to such individual.
(2) LIMIT
ON
LIABILITY.—The Secretary of
State shall not be liable to an individual for any ac-
tion with respect to a certification by a State agency
under this section.
(c) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall become effective October
1, 1996.
569
SEC. 971. INTERNATIONAL CHILD SUPPORT ENFORCE-
MENT.
The Secretary of State is authorized to negotiate re-
ciprocal agreements with foreign nations on behalf of the
States, territories, and possessions of the United States
regarding the international enforcement of child support
obligations and designating the Department of Health and
Human Services as the central authority for such enforce-
ment.
SEC. 972. DENIAL OF MEANS-TESTED FEDERAL BENEFITS
TO NONCUSTODIAL PARENTS WHO ARE DE-
LINQUENT IN PAYING CHILD SUPPORT.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, a non-custodial parent who is more then 2
months delinquent in paying child support shall not be eli-
gible to receive any means-tested Federal benefits.
(b) EXCEPTION.—
(1) IN
GENERAL.—Subsection (a) shall not
apply to an unemployed non-custodial parent who is
more then 2 months delinquent in paying child sup-
port if such parent—
(A) enters into a schedule of repayment for
past due child support with the entity that is-
sued the underlying child support order; and
570
(B) meets all of the terms of repayment
specified in the schedule of repayment as en-
forced by the appropriate disbursing entity.
(2) 2-YEAR EXCLUSION.—(A) A non-custodial
parent who becomes delinquent in child support a
second time or any subsequent time shall not be eli-
gible to receive any means-tested Federal benefits
for a 2-year period beginning on the date that such
parent failed to meet such terms.
(B) At the end of that two-year period, para-
graph (A) shall once again apply to that individual.
(c) MEANS-TESTED FEDERAL BENEFITS.— For pur-
poses of this section, the term ‘‘means-tested Federal ben-
efits’’ means benefits under any program of assistance,
funded in whole or in part, by the Federal Government,
for which eligibility for benefits is based on need.
SEC. 973. CHILD SUPPORT ENFORCEMENT FOR INDIAN
TRIBES.
(a) 
CHILD
SUPPORT
ENFORCEMENT
AGREE-
MENTS.—Section 454 (42 U.S.C. 654), as amended by
sections 901(b), 904(a), 912(b), 913(a), 933, 943(a), and
970(a)(2) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(30);
571
(2) by striking the period at the end of para-
graph (31) and inserting ‘‘; and’’; and
(3) by adding after paragraph (31) the follow-
ing new paragraph:
‘‘(32) provide that a State that receives funding
pursuant to section 429 and that has within its bor-
ders Indian country (as defined in section 1151 of
title 18, United States Code) shall, through the
State administering agency, make reasonable efforts
to enter into cooperative agreements with an Indian
tribe or tribal organization (as defined in paragraphs
(1) and (2) of section 428(c)), if the Indian tribe or
tribal organization demonstrates that such tribe or
organization has an established tribal court system
or a Court of Indian Offenses with the authority to
establish paternity, establish and enforce support or-
ders, and to enter support orders in accordance with
child support guidelines established by such tribe or
organization, under which the State and tribe or or-
ganization shall provide for the cooperative delivery
of child support enforcement services in Indian coun-
try and for the forwarding of all funding collected
pursuant to the functions performed by the tribe or
organization to the State agency, or conversely, by
the State agency to the tribe or organization, which
572
shall distribute such funding in accordance with
such agreement.’’.
(b) DIRECT FEDERAL FUNDING TO INDIAN TRIBES
AND TRIBAL ORGANIZATIONS.—Section 455 (42 U.S.C.
655) is amended by adding at the end the following new
subsection:
‘‘(b) The Secretary may, in appropriate cases, make
direct payments under this part to an Indian tribe or trib-
al organization which has an approved child support en-
forcement plan under this title. In determining whether
such payments are appropriate, the Secretary shall, at a
minimum, consider whether services are being provided to
eligible Indian recipients by the State agency through an
agreement entered into pursuant to section 454(32). The
Secretary shall provide for an appropriate adjustment to
the State allotment under this section to take into account
any payments made under this subsection to Indian tribes
or tribal organizations located within such State.
(c) COOPERATIVE ENFORCEMENT AGREEMENTS.—
Paragraph (7) of section 454 (42 U.S.C. 654) is amended
by inserting ‘‘and Indian tribes or tribal organizations (as
defined in section 450(b) of title 25, United States Code)’’
after ‘‘law enforcement officials’’.
573
SEC. 974. FINANCIAL INSTITUTION DATA MATCHES.
Section 466(a) (42 U.S.C. 666(a)), as amended by
sections 915, 917(a), 923, 965, 969, and 976 is amended
by adding at the end the following new paragraph:
‘‘(18) Procedures under which the State agency
shall enter into agreements with financial institu-
tions doing business within the State to develop and
operate a data match system, using automated data
exchanges to the maximum extent feasible, in which
such financial institutions are required to provide for
each calendar quarter the name, record address, so-
cial security number, and other identifying informa-
tion for each absent parent identified by the State
who maintains an account at such institution and, in
response to a notice of lien or levy, to encumber or
surrender, as the case may be, assets held by such
institution on behalf of any absent parent who is
subject to a child support lien pursuant to para-
graph (4). For purposes of this paragraph, the term
‘financial institution’ means Federal and State com-
mercial savings banks, including savings and loan
associations and cooperative banks, Federal and
State chartered credit unions, benefit associations,
insurance 
companies, 
safe 
deposit 
companies,
money-market mutual funds, and any similar entity
authorized to do business in the State, and the term
574
‘account’ means a demand deposit account, checking
or negotiable withdrawal order account, savings ac-
count, time deposit account, or money-market mu-
tual fund account.
Subtitle H—Medical Support
SEC. 975. TECHNICAL CORRECTION TO ERISA DEFINITION
OF MEDICAL 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.—
(1) IN GENERAL.—The amendments made by
this section shall take effect on the date of the en-
actment of this Act.
575
(2) PLAN AMENDMENTS NOT REQUIRED UNTIL
JANUARY 1, 1996.—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,
1996, 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.
SEC. 976. ENFORCEMENT OF ORDERS FOR HEALTH CARE
COVERAGE.
Section 466(a) (42 U.S.C. 666(a)), as amended by
sections 915, 917(a), 923, 965, and 969, is amended by
adding at the end the following new paragraph:
576
‘‘(17) Procedures under which all child support
orders enforced under this part shall include a provi-
sion for the health care coverage of the child, and
in the case in which an absent parent provides such
coverage and changes employment, and the new em-
ployer provides health care coverage, the State agen-
cy shall transfer notice of the provision to the em-
ployer, which notice shall operate to enroll the child
in the absent parent’s health plan, unless the absent
parent contests the notice.’’.
SEC. 977. ENFORCEMENT OF ORDERS AGAINST PATERNAL
GRANDPARENTS IN CASES OF MINOR PAR-
ENTS.
Section 466(a) (42 U.S.C. 666(a)), as amended by
sections 915, 917(a), 923, 965, 969, and 976, is amended
by adding at the end the following new paragraph:
‘‘(17) Procedures under which any child sup-
port order enforced under this part with respect to
a child of minor parents, if the mother of such child
is receiving assistance under the State grant under
part A, shall be enforceable, jointly and severally,
against the paternal grandparents of such child.’’.
577
Subtitle I—Enhancing Responsibil-
ity 
and 
Opportunity 
for
Nonresidential Parents
SEC. 981. GRANTS TO STATES FOR ACCESS AND VISITATION
PROGRAMS.
Part D of title IV (42 U.S.C. 651–669) is amended
by adding at the end the following new section:
‘‘SEC. 469A. 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 absent parents’ access to and visitation
of their children, by means of activities including medi-
ation (both voluntary and mandatory), counseling, edu-
cation, development of parenting plans, visitation enforce-
ment (including monitoring, supervision and neutral drop-
off and pickup), and development of guidelines for visita-
tion 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
578
‘‘(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 the amount appropriated for grants under
this section for the fiscal year as the number of chil-
dren in the 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 1996 or 1997;
or
‘‘(B) $100,000 for any succeeding fiscal
year.
‘‘(d) NO SUPPLANTATION OF STATE EXPENDITURES
FOR SIMILAR ACTIVITIES.—A State to which a grant is
made under this section may not use the grant to supplant
expenditures by the State for activities specified in 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.
579
‘‘(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
‘‘(3) shall monitor, evaluate, and report on such
programs in accordance with regulations prescribed
by the Secretary.’’.
Subtitle J—Effect of Enactment
SEC. 991. EFFECTIVE DATES.
(a) IN GENERAL.—Except as otherwise specifically
provided (but subject to subsections (b) and (c))—
(1) the provisions of this title requiring the en-
actment or amendment of State laws under section
466 of the Social Security Act, or revision of State
plans under section 454 of such Act, shall be effec-
tive with respect to periods beginning on and after
October 1, 1996; and
(2) all other provisions of this title shall become
effective upon the date of the enactment of this Act.
580
(b) GRACE PERIOD FOR STATE LAW CHANGES.—The
provisions of this title shall become effective with respect
to a State on the later of—
(1) the date specified in this title, or
(2) the effective date of laws enacted by the leg-
islature of such State implementing such provisions,
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 title if the State
is unable to so comply without amending the State con-
stitution 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 title.
581
TITLE X—REFORM OF PUBLIC
HOUSING
SEC. 1001. CEILING RENTS.
Section 3(a)(2) of the United States Housing Act of
1937 (42 U.S.C. 1437a(a)(2)) is amended to read as fol-
lows:
‘‘(2) ESTABLISHMENT OF CEILING RENTS.—
‘‘(A) IN GENERAL.—A public housing agency
may provide that each family residing in a public
housing project shall pay monthly rent in an amount
established by such agency in accordance with this
paragraph.
‘‘(B) LIMITATIONS
ON
AMOUNT.—The rental
amount established under subparagraph (A)—
‘‘(i) shall reflect the reasonable rental
value of the dwelling unit in which the family
resides, as compared with similar types and
sizes of dwelling units in the market area in
which the public housing project is located;
‘‘(ii) shall be greater than or equal to the
monthly cost to operate the housing (including
any replacement reserves at the discretion of
the public housing agency); and
‘‘(iii) shall not exceed the amount payable
as rent by such family under paragraph (1).’’.
582
SEC. 1002. DEFINITION OF ADJUSTED INCOME FOR PUBLIC
HOUSING.
(a) DEFINITION
OF ADJUSTED INCOME.—Section
3(b)(5) of the United States Housing Act of 1937 (42
U.S.C. 1437a(b)(5)) is amended to read as follows:
‘‘(5) The term ‘adjusted income’ means the in-
come that remains after excluding—
‘‘(A) $480 for each member of the family
residing in the household (other than the head
of the household or spouse)—
‘‘(i) who is under 18 years of age; or
‘‘(ii) who is—
‘‘(I) 18 years of age or older; and
‘‘(II) a person with disabilities or
a full-time student;
‘‘(B) $400 for an elderly or disabled fam-
ily;
‘‘(C) the amount by which the aggregate
of—
‘‘(i) medical expenses for an elderly or
disabled family; and
‘‘(ii) reasonable attendant care and
auxiliary apparatus expenses for each fam-
ily member who is a person with disabil-
ities, to the extent necessary to enable any
member of the family (including a member
583
who is a person with disabilities) to be em-
ployed;
exceeds 3 percent of the annual income of the
family;
‘‘(D) child care expenses, to the extent
necessary to enable another member of the fam-
ily to be employed or to further his or her edu-
cation;
‘‘(E) excessive travel expenses, not to ex-
ceed $25 per family per week, for employment-
or education-related travel, except that this sub-
paragraph shall apply only to a family assisted
by an Indian housing authority; and
‘‘(F) subject to the requirements of sub-
section (e), for public housing, adjustments to
earned income established by the public housing
agency, not to exceed 20 percent of the earned
income of the family.’’.
(b) ADJUSTMENTS TO DEFINITION OF EARNED IN-
COME.—Section 3 of the United States Housing Act of
1937 (42 U.S.C. 1437a) is amended—
(1) in the first undesignated paragraph imme-
diately following subsection (c)(3) (as added by sec-
tion 515(b) of the Cranston-Gonzalez National Af-
584
fordable Housing Act), by striking ‘‘The earnings
of’’ and inserting the following:
‘‘(d) EXCLUSION
OF
CERTAIN
EARNINGS.—The
earnings of’’; and
(2) by adding at the end the following new sub-
section:
‘‘(e) ADJUSTMENTS TO EARNED INCOME.—If a pub-
lic housing agency establishes any adjustment to income
pursuant to subsection (b)(5)(F), the Secretary—
‘‘(1) shall not take into account any reduction
of the per dwelling unit rental income of the public
housing agency resulting from that adjustment in
calculating the contributions under section 9 for the
public housing agency for the operation of the public
housing; and
‘‘(2) shall not reduce the level of operating sub-
sidies payable to the public housing agency due to
an increase in per dwelling unit rental income that
results from a higher level of income earned by any
residents whose adjusted incomes are calculated tak-
ing into account that adjustment to income, until
the public housing agency has recovered a sum equal
to the cumulative difference between—
‘‘(A) the operating subsidies actually re-
ceived by the agency; and
585
‘‘(B) the operating subsidies that the pub-
lic housing agency would have received if para-
graph (1) was not applied.’’.
(c) REPORT.—Not later than 3 years after the date
of enactment of this Act, the Comptroller General of the
United States shall submit a report to the Congress de-
scribing the fiscal and societal impact of the amendment
made by subsection (b)(2).
(d) REPEAL OF CERTAIN PROVISIONS.—
(1) MAXIMUM ANNUAL LIMITATION ON RENT
INCREASES RESULTING FROM EMPLOYMENT.—Sec-
tion 957 of the Cranston-Gonzalez National Afford-
able Housing Act (42 U.S.C. 12714) is repealed ef-
fective November 28, 1990.
(2) ECONOMIC
INDEPENDENCE.—Section 923
of the Housing and Community Development Act of
1992 (42 U.S.C. 12714 note) is repealed effective
October 28, 1992.
SEC. 1003. FAILURE TO COMPLY WITH OTHER WELFARE
AND PUBLIC ASSISTANCE PROGRAMS.
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:
586
‘‘SEC. 27. FAILURE TO COMPLY WITH OTHER WELFARE AND
PUBLIC ASSISTANCE PROGRAMS.
‘‘(a) IN GENERAL.—If the benefits of a family are
reduced under a Federal, State, or local law relating to
welfare or a public assistance program for the failure of
any member of the family to perform an action required
under the law or program, the family may not, for the
duration of the reduction, receive any increased assistance
under this Act as the result of a decrease in the income
of the family to the extent that the decrease in income
is the result of the benefits reduction.
‘‘(b) EXCEPTION.—Subsection (a) shall not apply in
any case in which the benefits of a family are reduced be-
cause the welfare or public assistance program to which
the Federal, State, or local law relates limits the period
during which benefits may be provided under the pro-
gram.’’.
SEC. 1004. APPLICABILITY TO INDIAN HOUSING.
(a) IN
GENERAL.—In accordance with section
201(b)(2) of the United States Housing Act of 1937, the
amendments made by this title shall apply to public hous-
ing developed or operated pursuant to a contract between
the Secretary and an Indian housing authority.
(b) DEFINITIONS.—For purposes of this section—
587
(1) the term ‘‘Indian housing authority’’ has
the same meaning as in section 3(b) of the United
States Housing Act of 1937;
(2) the term ‘‘public housing’’ has the same
meaning as in section 3(b) of the United States
Housing Act of 1937; and
(3) the term ‘‘Secretary’’ means the Secretary
of Housing and Urban Development.
SEC. 1005. IMPLEMENTATION.
The Secretary shall issue such regulations as may be
necessary to carry out this title and the amendments made
by this title.
SEC. 1006. DEMONSTRATION PROJECT FOR ELIMINATION
OF TAKE-ONE-TAKE-ALL REQUIREMENT.
In order to demonstrate the effects of eliminating the
requirement under section 8(t) of the United States Hous-
ing Act of 1937, notwithstanding any other provision of
law, beginning on the date of enactment of this Act, sec-
tion 8(t) of the United States Housing Act of 1937 shall
not apply with respect to the multifamily housing project
(as such term is defined in section 8(t)(2) of the United
States Housing Act of 1937) consisting of the dwelling
units located at 2401–2479 Sommerset Circle, in Madi-
son, Wisconsin.
588
SEC. 1007. 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’’ shall include 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
seq.), and State programs funded under part A of title
IV of the Social Security Act (42 U.S.C. 601 et seq.).
SEC. 1008. EFFECTIVE DATE.
This title and the amendments made by this title
shall take effect on the date of enactment of this Act.
589
TITLE XI—CHILD ABUSE
PREVENTION AND TREATMENT
SEC. 1101. SHORT TITLE.
This title may be cited as the ‘‘Child Abuse Preven-
tion and Treatment Act Amendments of 1995’’.
Subtitle A—General Program
SEC. 1111. REFERENCE.
Except as otherwise expressly provided, whenever in
this subtitle an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a
section or other provision of the Child Abuse Prevention
and Treatment Act (42 U.S.C. 5101 et seq.).
SEC. 1112. FINDINGS.
Section 2 (42 U.S.C. 5101 note) is amended—
(1) in paragraph (1), the read as follows:
‘‘(1) each year, close to 1,000,000 American
children are victims of abuse and neglect;’’;
(2) in paragraph (3)(C), by inserting ‘‘assess-
ment,’’ after ‘‘prevention,’’;
(3) in paragraph (4)—
(A) by striking ‘‘tens of’’; and
(B) by striking ‘‘direct’’ and all that fol-
lows through the semicolon and inserting ‘‘tan-
590
gible expenditures, as well as significant intan-
gible costs;’’;
(4) in paragraph (7), by striking ‘‘remedy the
causes of’’ and inserting ‘‘prevent’’;
(5) in paragraph (8), by inserting ‘‘safety,’’
after ‘‘fosters the health,’’;
(6) in paragraph (10)—
(A) by striking ‘‘ensure that every commu-
nity in the United States has’’ and inserting
‘‘assist States and communities with’’; and
(B) by inserting ‘‘and family’’ after ‘‘com-
prehensive child’’; and
(7) in paragraph (11)—
(A) by striking ‘‘child protection’’ each
place that such appears and inserting ‘‘child
and family protection’’; and
(B) in subparagraph (D), by striking ‘‘suf-
ficient’’.
SEC. 1113. OFFICE OF CHILD ABUSE AND NEGLECT.
Section 101 (42 U.S.C.5101) is amended to read as
follows:
‘‘SEC. 101. OFFICE OF CHILD ABUSE AND NEGLECT.
‘‘(a) ESTABLISHMENT.—The Secretary of Health
and Human Services may establish an office to be known
as the Office of Child Abuse and Neglect.
591
‘‘(b) PURPOSE.—The purpose of the Office estab-
lished under subsection (a) shall be to execute and coordi-
nate the functions and activities of this Act. In the event
that such functions and activities are performed by an-
other entity or entities within the Department of Health
and Human Services, the Secretary shall ensure that such
functions and activities are executed with the necessary
expertise and in a fully coordinated manner involving reg-
ular intradepartmental and interdepartmental consulta-
tion with all agencies involved in child abuse and neglect
activities.’’.
SEC. 1114. ADVISORY BOARD ON CHILD ABUSE AND NE-
GLECT.
Section 102 (42 U.S.C.5102) is amended to read as
follows:
‘‘SEC. 102. ADVISORY BOARD ON CHILD ABUSE AND NE-
GLECT.
‘‘(a) APPOINTMENT.—The Secretary may appoint an
advisory board to make recommendations to the Secretary
and to the appropriate committees of Congress concerning
specific issues relating to child abuse and neglect.
‘‘(b) SOLICITATION
OF NOMINATIONS.—The Sec-
retary shall publish a notice in the Federal Register solic-
iting nominations for the appointment of members of the
advisory board under subsection (a).
592
‘‘(c) COMPOSITION.—In establishing the board under
subsection (a), the Secretary shall appoint members from
the general public who are individuals knowledgeable in
child abuse and neglect prevention, intervention, treat-
ment, or research, and with due consideration to represen-
tation of ethnic or racial minorities and diverse geographic
areas, and who represent—
‘‘(1) law (including the judiciary);
‘‘(2) psychology (including child development);
‘‘(3) social services (including child protective
services);
‘‘(4) medicine (including pediatrics);
‘‘(5) State and local government;
‘‘(6) organizations providing services to disabled
persons;
‘‘(7) organizations providing services to adoles-
cents;
‘‘(8) teachers;
‘‘(9) parent self-help organizations;
‘‘(10) parents’ groups;
‘‘(11) voluntary groups;
‘‘(12) family rights groups; and
‘‘(13) children’s rights advocates.
593
‘‘(d) VACANCIES.—Any vacancy in the membership of
the board shall be filled in the same manner in which the
original appointment was made.
‘‘(e) ELECTION OF OFFICERS.—The board shall elect
a chairperson and vice-chairperson at its first meeting
from among the members of the board.
‘‘(f) DUTIES.—Not later than 1 year after the estab-
lishment of the board under subsection (a), the board shall
submit to the Secretary and the appropriate committees
of Congress a report, or interim report, containing—
‘‘(1) recommendations on coordinating Federal,
State, and local child abuse and neglect activities
with similar activities at the Federal, State, and
local level pertaining to family violence prevention;
‘‘(2) specific modifications needed in Federal
and State laws and programs to reduce the number
of unfounded or unsubstantiated reports of child
abuse or neglect while enhancing the ability to iden-
tify and substantiate legitimate cases of abuse or ne-
glect which place a child in danger; and
‘‘(3) recommendations for modifications needed
to facilitate coordinated national data collection with
respect to child protection and child welfare.’’.
SEC. 1115. REPEAL OF INTERAGENCY TASK FORCE.
Section 103 (42 U.S.C.5103) is repealed.
594
SEC. 1116. NATIONAL CLEARINGHOUSE FOR INFORMATION
RELATING TO CHILD ABUSE.
Section 104 (42 U.S.C.5104) is amended—
(1) in subsection (a), to read as follows:
‘‘(a) ESTABLISHMENT.—The Secretary shall through
the Department, or by one or more contracts of not less
than 3 years duration let through a competition, establish
a national clearinghouse for information relating to child
abuse.’’;
(2) in subsection (b)—
(A) in the matter preceding paragraph (1),
by striking ‘‘Director’’ and inserting ‘‘Sec-
retary’’;
(B) in paragraph (1)—
(i) by inserting ‘‘assessment,’’ after
‘‘prevention,’’; and
(ii) by striking ‘‘, including’’ and all
that follows through ‘‘105(b)’’ and insert-
ing ‘‘and’’;
(C) in paragraph (2)—
(i) in subparagraph (A), by striking
‘‘general population’’ and inserting ‘‘Unit-
ed States’’;
(ii) in subparagraph (B), by adding
‘‘and’’ at the end thereof;
595
(iii) in subparagraph (C), by striking
‘‘; and’’ at the end thereof and inserting a
period; and
(iv) by striking subparagraph (D);
and
(D) by striking paragraph (3); and
(3) in subsection (c)—
(A) in the matter preceding paragraph (1),
by striking ‘‘Director’’ and inserting ‘‘Sec-
retary’’;
(B) in paragraph (2), by striking ‘‘that is
represented on the task force’’ and inserting
‘‘involved with child abuse and neglect and
mechanisms for the sharing of such information
among other Federal agencies and clearing-
houses’’;
(C) in paragraph (3), by striking ‘‘State,
regional’’ and all that follows and inserting the
following: ‘‘Federal, State, regional, and local
child welfare data systems which shall include:
‘‘(A) standardized data on false, un-
founded, unsubstantiated, and substantiated re-
ports; and
‘‘(B) information on the number of deaths
due to child abuse and neglect;’’;
596
(D) by redesignating paragraph (4) as
paragraph (6); and
(E) by inserting after paragraph (3), the
following new paragraphs:
‘‘(4) through a national data collection and
analysis program and in consultation with appro-
priate State and local agencies and experts in the
field, collect, compile, and make available State child
abuse and neglect reporting information which, to
the extent practical, shall be universal and case spe-
cific, and integrated with other case-based foster
care and adoption data collected by the Secretary;
‘‘(5) compile, analyze, and publish a summary
of the research conducted under section 105(a);
and’’.
SEC. 1117. RESEARCH, EVALUATION AND ASSISTANCE AC-
TIVITIES.
(a) RESEARCH.—Section 105(a) (42 (42 U.S.C.
5105(a)) is amended—
(1) in the section heading, by striking ‘‘OF
THE NATIONAL CENTER ON CHILD ABUSE
AND NEGLECT’’;
(2) in paragraph (1)—
(A) in the matter preceding subparagraph
(A), by striking ‘‘, through the Center, conduct
597
research on’’ and inserting ‘‘, in consultation
with other Federal agencies and recognized ex-
perts in the field, carry out a continuing inter-
disciplinary program of research that is de-
signed to provide information needed to better
protect children from abuse or neglect and to
improve the well-being of abused or neglected
children, with at least a portion of such re-
search being field initiated. Such research pro-
gram may focus on’’;
(B) by redesignating subparagraphs (A)
through (C) as subparagraph (B) through (D),
respectively;
(C) by inserting before subparagraph (B)
(as so redesignated) the following new subpara-
graph:
‘‘(A) the nature and scope of child abuse
and neglect;’’;
(D) in subparagraph (B) (as so redesig-
nated), to read as follows:
‘‘(B) causes, prevention, assessment, iden-
tification, treatment, cultural and socio-eco-
nomic distinctions, and the consequences of
child abuse and neglect;’’;
598
(E) in subparagraph (D) (as so redesig-
nated)—
(i) by striking clause (ii); and
(ii) in clause (iii), to read as follows:
‘‘(ii) the incidence of substantiated
and unsubstantiated reported child abuse
cases;
‘‘(iii) the number of substantiated
cases that result in a judicial finding of
child abuse or neglect or related criminal
court convictions;
‘‘(iv) the extent to which the number
of unsubstantiated, unfounded and false
reported cases of child abuse or neglect
have contributed to the inability of a State
to respond effectively to serious cases of
child abuse or neglect;
‘‘(v) the extent to which the lack of
adequate resources and the lack of ade-
quate training of reporters have contrib-
uted to the inability of a State to respond
effectively to serious cases of child abuse
and neglect;
‘‘(vi) the number of unsubstantiated,
false, or unfounded reports that have re-
599
sulted in a child being placed in substitute
care, and the duration of such placement;
‘‘(vii) the extent to which unsubstan-
tiated reports return as more serious cases
of child abuse or neglect;
‘‘(viii) the incidence and prevalence of
physical, sexual, and emotional abuse and
physical and emotional neglect in sub-
stitute care; and
‘‘(ix) the incidence and outcomes of
abuse allegations reported within the con-
text of divorce, custody, or other family
court proceedings, and the interaction be-
tween this venue and the child protective
services system.’’; and
(3) in paragraph (2)—
(A) in subparagraph (A)—
(i) by striking ‘‘and demonstrations’’;
and
(ii) by striking ‘‘paragraph (1)(A) and
activities under section 106’’ and inserting
‘‘paragraph (1)’’; and
(B) in subparagraph (B), by striking ‘‘and
demonstration’’.
600
(b) REPEAL.—Subsection (b) of section 105 (42
U.S.C. 5105(b)) is repealed.
(c) TECHNICAL ASSISTANCE.—Section 105(c) (42
U.S.C. 5105(c)) is amended—
(1) by striking ‘‘The Secretary’’ and inserting:
‘‘(1) IN GENERAL.—The Secretary’’;
(2) by striking ‘‘, through the Center,’’;
(3) by inserting ‘‘State and local’’ before ‘‘pub-
lic and nonprofit’’;
(4) by inserting ‘‘assessment,’’ before ‘‘identi-
fication’’; and
(5) by adding at the end thereof the following
new paragraphs:
‘‘(2) EVALUATION.—Such technical assistance
may include an evaluation or identification of—
‘‘(A) various methods and procedures for
the investigation, assessment, and prosecution
of child physical and sexual abuse cases;
‘‘(B) ways to mitigate psychological trau-
ma to the child victim; and
‘‘(C) effective programs carried out by the
States under titles I and II.
‘‘(3) DISSEMINATION.—The Secretary may pro-
vide for and disseminate information relating to var-
601
ious training resources available at the State and
local level to—
‘‘(A) individuals who are engaged, or who
intend to engage, in the prevention, identifica-
tion, and treatment of child abuse and neglect;
and
‘‘(B) appropriate State and local officials
to assist in training law enforcement, legal, ju-
dicial, medical, mental health, education, and
child welfare personnel in appropriate methods
of interacting during investigative, administra-
tive, and judicial proceedings with children who
have been subjected to abuse.’’.
(d) GRANTS
AND CONTRACTS.—Section 105(d)(2)
(42 U.S.C. 5105(d)(2)) is amended by striking the second
sentence.
(e) PEER
REVIEW.—Section 105(e) (42 U.S.C.
5105(e)) is amended—
(1) in paragraph (1)—
(A) in subparagraph (A)—
(i) by striking ‘‘establish a formal’’
and inserting ‘‘, in consultation with ex-
perts in the field and other federal agen-
cies, establish a formal, rigorous, and meri-
torious’’;
602
(ii) by striking ‘‘and contracts’’; and
(iii) by adding at the end thereof the
following new sentence: ‘‘The purpose of
this process is to enhance the quality and
usefulness of research in the field of child
abuse and neglect.’’; and
(B) in subparagraph (B)—
(i) by striking ‘‘Office of Human De-
velopment’’ and inserting ‘‘Administration
for Children and Families’’; and
(ii) by adding at the end thereof the
following new sentence: ‘‘The Secretary
shall ensure that the peer review panel uti-
lizes scientifically valid review criteria and
scoring guidelines for review committees.’’;
and
(2) in paragraph (2)—
(A) in the matter preceding subparagraph
(A), by striking ‘‘, contract, or other financial
assistance’’; and
(B) by adding at the end thereof the fol-
lowing flush sentence:
‘‘The Secretary shall award grants under this sec-
tion on the basis of competitive review.’’.
603
SEC. 1118. GRANTS FOR DEMONSTRATION PROGRAMS.
Section 106 (42 U.S.C. 5106) is amended—
(1) in the section heading, by striking ‘‘OR
SERVICE’’;
(2) in subsection (a), to read as follows:
‘‘(a) DEMONSTRATION PROGRAMS AND PROJECTS.—
The Secretary may make grants to, and enter into con-
tracts with, public agencies or nonprofit private agencies
or organizations (or combinations of such agencies or or-
ganizations) for time limited, demonstration programs and
projects for the following purposes:
‘‘(1) TRAINING
PROGRAMS.—The Secretary
may award grants to public or private non-profit or-
ganizations under this section—
‘‘(A) for the training of professional and
paraprofessional personnel in the fields of medi-
cine, law, education, social work, and other rel-
evant fields who are engaged in, or intend to
work in, the field of prevention, identification,
and treatment of child abuse and neglect, in-
cluding the links between domestic violence and
child abuse;
‘‘(B) to provide culturally specific instruc-
tion in methods of protecting children from
child abuse and neglect to children and to per-
sons responsible for the welfare of children, in-
604
cluding parents of and persons who work with
children with disabilities;
‘‘(C) to improve the recruitment, selection,
and training of volunteers serving in private
and public nonprofit children, youth and family
service organizations in order to prevent child
abuse and neglect through collaborative analysis
of current recruitment, selection, and training
programs and development of model programs
for dissemination and replication nationally;
and
‘‘(D) for the establishment of resource cen-
ters for the purpose of providing information
and training to professionals working in the
field of child abuse and neglect.
‘‘(2) MUTUAL SUPPORT PROGRAMS.—The Sec-
retary may award grants to private non-profit orga-
nizations (such as Parents Anonymous) to establish
or maintain a national network of mutual support
and self-help programs as a means of strengthening
families in partnership with their communities.
‘‘(3) OTHER
INNOVATIVE
PROGRAMS
AND
PROJECTS.—
‘‘(A) IN
GENERAL.—The Secretary may
award grants to public agencies that dem-
605
onstrate innovation in responding to reports of
child abuse and neglect including programs of
collaborative partnerships between the State
child protective service agency, community so-
cial service agencies and family support pro-
grams, schools, churches and synagogues, and
other community agencies to allow for the es-
tablishment of a triage system that—
‘‘(i) accepts, screens and assesses re-
ports received to determine which such re-
ports require an intensive intervention and
which require voluntary referral to another
agency, program or project;
‘‘(ii) 
provides, 
either 
directly 
or
through referral, a variety of community-
linked services to assist families in prevent-
ing child abuse and neglect; and
‘‘(iii) provides further investigation
and intensive intervention where the child’s
safety is in jeopardy.
‘‘(B) KINSHIP CARE.—The Secretary may
award grants to public entities to assist such
entities in developing or implementing proce-
dures using adult relatives as the preferred
placement for children removed from their
606
home, where such relatives are determined to be
capable of providing a safe nurturing environ-
ment for the child or where such relatives com-
ply with the State child protection standards.
‘‘(C) VISITATION
CENTERS.—The Sec-
retary may award grants to public or private
nonprofit entities to assist such entities in the
establishment or operation of supervised visita-
tion centers where there is documented, highly
suspected, or elevated risk of child sexual, phys-
ical, or emotional abuse where, due to domestic
violence, there is an ongoing risk of harm to a
parent or child.’’;
(3) in subsection (c), by striking paragraphs (1)
and (2); and
(4) by adding at the end thereof the following
new subsection:
‘‘(d) EVALUATION.—In making grants for dem-
onstration projects under this section, the Secretary shall
require all such projects to be evaluated for their effective-
ness. Funding for such evaluations shall be provided either
as a stated percentage of a demonstration grant or as a
separate grant entered into by the Secretary for the pur-
pose of evaluating a particular demonstration project or
group of projects.’’.
607
SEC. 1119. STATE GRANTS FOR PREVENTION AND TREAT-
MENT PROGRAMS.
Section 107 (42 U.S.C. 5106a) is amended to read
as follows:
‘‘SEC. 107. GRANTS TO STATES FOR CHILD ABUSE AND NE-
GLECT PREVENTION AND TREATMENT PRO-
GRAMS.
‘‘(a) DEVELOPMENT AND OPERATION GRANTS.—The
Secretary shall make grants to the States, based on the
population of children under the age of 18 in each State
that applies for a grant under this section, for purposes
of assisting the States in improving the child protective
service system of each such State in—
‘‘(1) the intake, assessment, screening, and in-
vestigation of reports of abuse and neglect;
‘‘(2)(A) creating and improving the use of mul-
tidisciplinary teams and interagency protocols to en-
hance investigations; and
‘‘(B) improving legal preparation and represen-
tation, including—
‘‘(i) procedures for appealing and respond-
ing to appeals of substantiated reports of abuse
and neglect; and
‘‘(ii) provisions for the appointment of a
guardian ad litem.
608
‘‘(3) case management and delivery of services
provided to children and their families;
‘‘(4) enhancing the general child protective sys-
tem by improving risk and safety assessment tools
and protocols, automation systems that support the
program and track reports of child abuse and ne-
glect from intake through final disposition and infor-
mation referral systems;
‘‘(5) developing, strengthening, and facilitating
training opportunities and requirements for individ-
uals overseeing and providing services to children
and their families through the child protection sys-
tem;
‘‘(6) developing and facilitating training proto-
cols for individuals mandated to report child abuse
or neglect;
‘‘(7) developing, strengthening, and supporting
child abuse and neglect prevention, treatment, and
research programs in the public and private sectors;
‘‘(8) developing, implementing, or operating—
‘‘(A) information and education programs
or training programs designed to improve the
provision of services to disabled infants with
life-threatening conditions for—
609
‘‘(i) professional and paraprofessional
personnel concerned with the welfare of
disabled infants with life-threatening con-
ditions, including personnel employed in
child protective services programs and
health-care facilities; and
‘‘(ii) the parents of such infants; and
‘‘(B) programs to assist in obtaining or co-
ordinating necessary services for families of dis-
abled infants with life-threatening conditions,
including—
‘‘(i) existing social and health services;
‘‘(ii) financial assistance; and
‘‘(iii) services necessary to facilitate
adoptive placement of any such infants
who have been relinquished for adoption;
or
‘‘(9) developing and enhancing the capacity of
community-based programs to integrate shared lead-
ership strategies between parents and professionals
to prevent and treat child abuse and neglect at the
neighborhood level.
‘‘(b) ELIGIBILITY REQUIREMENTS.—In order for a
State to qualify for a grant under subsection (a), such
610
State shall provide an assurance or certification, signed
by the chief executive officer of the State, that the State—
‘‘(1) has in effect and operation a State law or
Statewide program relating to child abuse and ne-
glect which ensures—
‘‘(A) provisions or procedures for the re-
porting of known and suspected instances of
child abuse and neglect;
‘‘(B) procedures for the immediate screen-
ing, safety assessment, and prompt investiga-
tion of such reports;
‘‘(C) procedures for immediate steps to be
taken to ensure and protect the safety of the
abused or neglected child and of any other child
under the same care who may also be in danger
of abuse or neglect;
‘‘(D) provisions for immunity from pros-
ecution under State and local laws and regula-
tions for individuals making good faith reports
of suspected or known instances of child abuse
or neglect;
‘‘(E) methods to preserve the confidential-
ity of all records in order to protect the rights
of the child and of the child’s parents or guard-
ians, including methods to ensure that disclo-
611
sure (and redisclosure) of information concern-
ing child abuse or neglect involving specific in-
dividuals is made only to persons or entities
that the State determines have a need for such
information directly related to the purposes of
this Act;
‘‘(F) requirements for the prompt disclo-
sure of all relevant information to any Federal,
State, or local governmental entity, or any
agent of such entity, with a need for such infor-
mation in order to carry out its responsibilities
under law to protect children from abuse and
neglect;
‘‘(G) the cooperation of State law enforce-
ment officials, court of competent jurisdiction,
and 
appropriate 
State 
agencies 
providing
human services;
‘‘(H) provisions requiring, and procedures
in place that facilitate the prompt expungement
of any records that are accessible to the general
public or are used for purposes of employment
or other background checks in cases determined
to be unsubstantiated or false, except that noth-
ing in this section shall prevent State child pro-
tective service agencies from keeping informa-
612
tion on unsubstantiated reports in their case-
work files to assist in future risk and safety as-
sessment; and
‘‘(I) provisions and procedures requiring
that in every case involving an abused or ne-
glected child which results in a judicial proceed-
ing, a guardian ad litem shall be appointed to
represent the child in such proceedings; and
‘‘(2) has in place procedures for responding to
the reporting of medical neglect (including instances
of withholding of medically indicated treatment from
disabled infants with life-threatening conditions),
procedures or programs, or both (within the State
child protective services system), to provide for—
‘‘(A) coordination and consultation with in-
dividuals designated by and within appropriate
health-care facilities;
‘‘(B) prompt notification by individuals
designated by and within appropriate health-
care facilities of cases of suspected medical ne-
glect (including instances of withholding of
medically indicated treatment from disabled in-
fants with life-threatening conditions); and
‘‘(C) authority, under State law, for the
State child protective service system to pursue
613
any legal remedies, including the authority to
initiate legal proceedings in a court of com-
petent jurisdiction, as may be necessary to pre-
vent the withholding of medically indicated
treatment from disabled infants with life threat-
ening conditions.
‘‘(c) ADDITIONAL REQUIREMENT.—Not later than 2
years after the date of enactment of this section, the State
shall provide an assurance or certification that the State
has in place provisions, procedures, and mechanisms by
which individuals who disagree with an official finding of
abuse or neglect can appeal such finding.
‘‘(d) STATE PROGRAM PLAN.—To be eligible to re-
ceive a grant under this section, a State shall submit every
5 years a plan to the Secretary that specifies the child
protective service system area or areas described in sub-
section (a) that the State intends to address with funds
received under the grant. Such plan shall, to the maximum
extent practicable, be coordinated with the plan of the
State for child welfare services and family preservation
and family support services under part B of title IV of
the Social Security Act and shall contain an outline of the
activities that the State intends to carry out using
amounts provided under the grant to achieve the purposes
of this Act, including the procedures to be used for—
614
‘‘(1) receiving and assessing reports of child
abuse or neglect;
‘‘(2) investigating such reports;
‘‘(3) protecting children by removing them from
dangerous settings and ensuring their placement in
a safe environment;
‘‘(4) providing services or referral for services
for families and children where the child is not in
danger of harm;
‘‘(5) providing services to individuals, families,
or communities, either directly or through referral,
aimed at preventing the occurrence of child abuse
and neglect;
‘‘(6) providing training to support direct line
and supervisory personnel in report-taking, screen-
ing, assessment, decision-making, and referral for
investigation; and
‘‘(7) providing training for individuals man-
dated to report suspected cases of child abuse or ne-
glect.
‘‘(e) RESTRICTIONS RELATING TO CHILD WELFARE
SERVICES.—Programs or projects relating to child abuse
and neglect assisted under part B of title IV of the Social
Security Act shall comply with the requirements set forth
in paragraphs (1) (A) and (B), and (2) of subsection (b).
615
‘‘(f) ANNUAL STATE DATA REPORTS.—Each State to
which a grant is made under this part shall annually work
with the Secretary to provide, to the maximum extent
practicable, a report that includes the following:
‘‘(1) The number of children who were reported
to the State during the year as abused or neglected.
‘‘(2) Of the number of children described in
paragraph (1), the number with respect to whom
such reports were—
‘‘(A) substantiated;
‘‘(B) unsubstantiated; and
‘‘(C) determined to be false.
‘‘(3) Of the number of children described in
paragraph (2)—
‘‘(A) the number that did not receive serv-
ices during the year under the State program
funded under this part or an equivalent State
program;
‘‘(B) the number that received services
during the year under the State program fund-
ed under this part or an equivalent State pro-
gram; and
‘‘(C) the number that were removed from
their families during the year by disposition of
the case.
616
‘‘(4) The number of families that received pre-
ventive services from the State during the year.
‘‘(5) The number of deaths in the State during
the year resulting from child abuse or neglect.
‘‘(6) Of the number of children described in
paragraph (5), the number of such children who
were in foster care.
‘‘(7) The number of child protective service
workers responsible for the intake and screening of
reports filed in the previous year.
‘‘(8) The agency response time with respect to
each such report with respect to initial investigation
of reports of child abuse or neglect.
‘‘(9) The response time with respect to the pro-
vision of services to families and children where an
allegation of abuse or neglect has been made.
‘‘(10) The number of child protective service
workers responsible for intake, assessment, and in-
vestigation of child abuse and neglect reports rel-
ative to the number of reports investigated in the
previous year.
‘‘(g) ANNUAL REPORT BY THE SECRETARY.—Within
6 months after receiving the State reports under sub-
section (f), the Secretary shall prepare a report based on
information provided by the States for the fiscal year
617
under such subsection and shall make the report and such
information available to the Congress and the national
clearinghouse for information relating to child abuse.’’.
SEC. 1120. REPEAL.
Section 108 (42 U.S.C. 5106b) is repealed.
SEC. 1121. MISCELLANEOUS REQUIREMENTS.
Section 110 (42 U.S.C. 5106d) is amended by strik-
ing subsection (c).
SEC. 1122. DEFINITIONS.
Section 113 (42 U.S.C. 5106h) is amended—
(1) by striking paragraphs (1) and (2);
(2) by redesignating paragraphs (3) through
(10) as paragraphs (1) through (8), respectively;
and
(3) in paragraph (2) (as so redesignated), to
read as follows:
‘‘(2) 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;’’.
SEC. 1123. AUTHORIZATION OF APPROPRIATIONS.
Section 114(a) (42 U.S.C. 5106h(a)) is amended to
read as follows:
618
‘‘(a) IN GENERAL.—
‘‘(1) GENERAL
AUTHORIZATION.—There are
authorized to be appropriated to carry out this title,
$100,000,000 for fiscal year 1996, and such sums
as may be necessary for each of the fiscal years
1997 through 2000.
‘‘(2) DISCRETIONARY ACTIVITIES.—
‘‘(A) IN GENERAL.—Of the amounts ap-
propriated for a fiscal year under paragraph
(1), the Secretary shall make available 331⁄3
percent of such amounts to fund discretionary
activities under this title.
‘‘(B) DEMONSTRATION PROJECTS.—Of the
amounts made available for a fiscal year under
subparagraph (A), the Secretary make available
not more than 40 percent of such amounts to
carry out section 106.’’.
SEC. 1124. RULE OF CONSTRUCTION.
Title I (42 U.S.C. 5101 et seq.) is amended by adding
at the end thereof the following new section:
‘‘SEC. 115. RULE OF CONSTRUCTION.
‘‘(a) IN GENERAL.—Nothing in this Act shall be con-
strued—
‘‘(1) as establishing a Federal requirement that
a parent or legal guardian provide a child any medi-
619
cal service or treatment against the religious beliefs
of the parent or legal guardian; and
‘‘(2) to require that a State find, or to prohibit
a State from finding, abuse or neglect in cases in
which a parent or legal guardian relies solely or par-
tially upon spiritual means rather than medical
treatment, in accordance with the religious beliefs of
the parent or legal guardian.
‘‘(b) STATE REQUIREMENT.—Notwithstanding sub-
section (a), a State shall, at a minimum, have in place
authority under State law to permit the child protective
service system of the State to pursue any legal remedies,
including the authority to initiate legal proceedings in a
court of competent jurisdiction, to provide medical care
or treatment for a child when such care or treatment is
necessary to prevent or remedy serious harm to the child,
or to prevent the withholding of medically indicated treat-
ment from children with life threatening conditions. Case
by case determinations concerning the exercise of the au-
thority of this subsection shall be within the sole discretion
of the State.’’.
SEC. 1125. TECHNICAL AMENDMENT.
Section 1404A of the Victims of Crime Act of 1984
(42 U.S.C. 10603a) is amended—
620
(1) by striking ‘‘1402(d)(2)(D) and (d)(3)’’ and
inserting ‘‘1402(d)(2)’’; and
(2) by striking ‘‘section 4(d)’’ and inserting
‘‘section 109’’.
Subtitle 
B—Community-Based
Child Abuse and Neglect Pre-
vention Grants
SEC. 1131. ESTABLISHMENT OF PROGRAM.
Title II of the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5116 et seq) is amended to read as follows:
‘‘TITLE 
II—COMMUNITY-BASED
FAMILY RESOURCE AND SUP-
PORT GRANTS
‘‘SEC. 201. PURPOSE AND AUTHORITY.
‘‘(a) PURPOSE.—It is the purpose of this Act to sup-
port State efforts to develop, operate, expand and enhance
a network of community-based, prevention-focused, family
resource and support programs that are culturally com-
petent and that coordinate resources among existing edu-
cation, 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 intervention, housing,
and other human service organizations within the State.
621
‘‘(b) AUTHORITY.—The Secretary shall make grants
under this title on a formula basis to the entity designated
by the State as the lead entity (hereafter referred to in
this title as the ‘lead entity’) for the purpose of—
‘‘(1) developing, operating, expanding and en-
hancing Statewide networks of community-based,
prevention-focused, family resource and support pro-
grams that—
‘‘(A) offer sustained assistance to families;
‘‘(B) provide early, comprehensive, and ho-
listic support for all parents;
‘‘(C) promote the development of parental
competencies and capacities, especially in young
parents and parents with very young children;
‘‘(D) increase family stability;
‘‘(E) improve family access to other formal
and informal resources and opportunities for
assistance available within communities;
‘‘(F) support the additional needs of fami-
lies with children with disabilities; and
‘‘(G) decrease the risk of homelessness;
‘‘(2) fostering the development of a continuum
of preventive services for children and families
through State and community-based collaborations
and partnerships both public and private;
622
‘‘(3) financing the start-up, maintenance, ex-
pansion, or redesign of specific family resource and
support program services (such as respite services,
child abuse and neglect prevention activities, disabil-
ity services, mental health services, housing services,
transportation, adult education, home visiting and
other similar services) identified by the inventory
and description of current services required under
section 205(a)(3) as an unmet need, and integrated
with the network of community-based family re-
source and support program to the extent prac-
ticable given funding levels and community prior-
ities;
‘‘(4) maximizing funding for the financing,
planning, community mobilization, collaboration, as-
sessment, information and referral, startup, training
and technical assistance, information management,
reporting and evaluation costs for establishing, oper-
ating, or expanding a Statewide network of commu-
nity-based, prevention-focused, family resource and
support program; and
‘‘(5) financing public information activities that
focus on the healthy and positive development of
parents and children and the promotion of child
abuse and neglect prevention activities.
623
‘‘SEC. 202. ELIGIBILITY.
‘‘A State shall be eligible for a grant under this title
for a fiscal year if—
‘‘(1)(A) the chief executive officer of the State
has designated an entity to administer funds under
this title for the purposes identified under the au-
thority of this title, including to develop, implement,
operate, enhance or expand a Statewide network of
community-based, prevention-focused, family re-
source and support programs, child abuse and ne-
glect prevention activities and access to respite serv-
ices integrated with the Statewide network;
‘‘(B) in determining which entity to designate
under subparagraph (A), the chief executive officer
should give priority consideration to the trust fund
advisory board of the State or an existing entity that
leverages Federal, State, and private funds for a
broad range of child abuse and neglect prevention
activities and family resource programs, and that is
directed by an interdisciplinary, public-private struc-
ture, including participants from communities; and
‘‘(C) such lead entity is an existing public,
quasi-public, or nonprofit private entity with a dem-
onstrated ability to work with other State and com-
munity-based agencies to provide training and tech-
nical assistance, and that has the capacity and com-
624
mitment to ensure the meaningful involvement of
parents who are consumers and who can provide
leadership in the planning, implementation, and
evaluation of programs and policy decisions of the
applicant agency in accomplishing the desired out-
comes for such efforts;
‘‘(2) the chief executive officer of the State pro-
vides assurances that the lead entity will provide or
will be responsible for providing—
‘‘(A) a network of community-based family
resource and support programs composed of
local, collaborative, public-private partnerships
directed by interdisciplinary structures with bal-
anced representation from private and public
sector members, parents, and public and private
nonprofit service providers and individuals and
organizations experienced in working in part-
nership with families with children with disabil-
ities;
‘‘(B) direction to the network through an
interdisciplinary, collaborative, public-private
structure with balanced representation from
private and public sector members, parents, and
public sector and private nonprofit sector serv-
ice providers; and
625
‘‘(C) direction and oversight to the net-
work through identified goals and objectives,
clear lines of communication and accountability,
the provision of leveraged or combined funding
from Federal, State and private sources, cen-
tralized assessment and planning activities, the
provision of training and technical assistance,
and reporting and evaluation functions; and
‘‘(3) the chief executive officer of the State pro-
vides assurances that the lead entity—
‘‘(A) has a demonstrated commitment to
parental participation in the development, oper-
ation, and oversight of the Statewide network of
community-based, prevention-focused, family re-
source and support programs;
‘‘(B) has a demonstrated ability to work
with State and community-based public and pri-
vate nonprofit organizations to develop a con-
tinuum of preventive, family centered, holistic
services for children and families through the
Statewide network of community-based, preven-
tion-focused, family resource and support pro-
grams;
‘‘(C) has the capacity to provide oper-
ational support (both financial and pro-
626
grammatic) and training and technical assist-
ance, to the Statewide network of community-
based, prevention-focused, family resource and
support programs, through innovative, inter-
agency funding and interdisciplinary service de-
livery mechanisms; and
‘‘(D) will integrate its efforts with individ-
uals and organizations experienced in working
in partnership with families with children with
disabilities and with the child abuse and neglect
prevention activities of the State, and dem-
onstrate a financial commitment to those activi-
ties.
‘‘SEC. 203. AMOUNT OF GRANT.
‘‘(a) RESERVATION.—The Secretary shall reserve 1
percent of the amount appropriated under section 210 for
a fiscal year to make allotments to Indian tribes and tribal
organizations and migrant programs.
‘‘(b) ALLOTMENT.—
‘‘(1) IN
GENERAL.—Of the amounts appro-
priated for a fiscal year under section 210 and re-
maining after the reservation under subsection (a),
the Secretary shall allot to each State lead entity an
amount equal to—
627
‘‘(A) the State minor child amount for
such State as determined under paragraph (2);
and
‘‘(B) the State matchable amount for such
State as determined under paragraph (3).
‘‘(2) STATE
MINOR
CHILD
AMOUNT.—The
amount determined under this paragraph for a fiscal
year for a State shall be equal to an amount that
bears the same relationship to 50 percent of the
amounts appropriated and remaining under para-
graph (1) for such fiscal year as the number of chil-
dren under 18 residing in the State bears to the
total number of children under 18 residing in all
States, except that no State shall receive less than
$250,000.
‘‘(3) 
STATE
MATCHABLE
AMOUNT.—The
amount determined under this paragraph for a fiscal
year for a State shall be equal to—
‘‘(A)(i) 50 percent of the amounts appro-
priated and remaining under paragraph (1) for
such fiscal year; divided by
‘‘(ii) 50 percent of the total amount that
all States have directed through the respective
lead agencies to the purposes identified under
the authority of this title for the fiscal year, in-
628
cluding foundation, corporate, and other private
funding, State revenues, and Federal funds, as
determined by the Secretary; multiplied by
‘‘(B) 50 percent of the total amount that
the State has directed through the lead agency
to the purposes identified under the authority
of this title for such fiscal year, including foun-
dation, corporate, and other private funding,
State revenues, and Federal funds.
‘‘(c) ALLOCATION.—Funds allotted to a State under
this section shall be awarded on a formula basis for a 3-
year period. Payment under such allotments shall be made
by the Secretary annually on the basis described in sub-
section (a).
‘‘SEC. 204. EXISTING AND CONTINUATION GRANTS.
‘‘(a) EXISTING GRANTS.—Notwithstanding the en-
actment of this title, a State or entity that has a grant,
contract, or cooperative agreement in effect, on the date
of enactment of this title, under the Family Resource and
Support Program, the Community-Based Family Re-
source Program, the Family Support Center Program, the
Emergency Child Abuse Prevention Grant Program, or
the Temporary Child Care for Children with Disabilities
and Crisis Nurseries Programs shall continue to receive
funds under such programs, subject to the original terms
629
under which such funds were granted, through the end
of the applicable grant cycle.
‘‘(b) CONTINUATION GRANTS.—The Secretary may
continue grants for Family Resource and Support Pro-
gram grantees, and those programs otherwise funded
under this Act, on a noncompetitive basis, subject to the
availability of appropriations, satisfactory performance by
the grantee, and receipt of reports required under this Act,
until such time as the grantee no longer meets the original
purposes of this Act.
‘‘SEC. 205. APPLICATION.
‘‘(a) IN GENERAL.—A grant may not be made to a
State under this title unless an application therefore is
submitted by the State to the Secretary and such applica-
tion contains the types of information specified by the Sec-
retary as essential to carrying out the provisions of section
202, including—
‘‘(1) a description of the lead entity that will be
responsible for the administration of funds provided
under this title and the oversight of programs fund-
ed through the Statewide network of community-
based, prevention-focused, family resource and sup-
port programs which meets the requirements of sec-
tion 202;
630
‘‘(2) a description of how the network of com-
munity-based, prevention-focused, family resource
and support programs will operate and how family
resource and support services provided by public and
private, nonprofit organizations, including those
funded by programs consolidated under this Act, will
be integrated into a developing continuum of family
centered, holistic, preventive services for children
and families;
‘‘(3) an assurance that an inventory of current
family resource programs, respite, child abuse and
neglect prevention activities, and other family re-
source services operating in the State, and a descrip-
tion of current unmet needs, will be provided;
‘‘(4) a budget for the development, operation
and expansion of the State’s network of community-
based, prevention-focused, family resource and sup-
port programs that verifies that the State will ex-
pend an amount equal to not less than 20 percent
of the amount received under this title (in cash, not
in-kind) for activities under this title;
‘‘(5) an assurance that funds received under
this title will supplement, not supplant, other State
and local public funds designated for the Statewide
631
network of community-based, prevention-focused,
family resource and support programs;
‘‘(6) an assurance that the State network of
community-based, prevention-focused, family re-
source and support programs will maintain cultural
diversity, and be culturally competent and socially
sensitive and responsive to the needs of families with
children with disabilities;
‘‘(7) an assurance that the State has the capac-
ity to ensure the meaningful involvement of parents
who are consumers and who can provide leadership
in the planning, implementation, and evaluation of
the programs and policy decisions of the applicant
agency in accomplishing the desired outcomes for
such efforts;
‘‘(8) a description of the criteria that the entity
will use to develop, or select and fund, individual
community-based, prevention-focused, family re-
source and support programs as part of network de-
velopment, expansion or enhancement;
‘‘(9) a description of outreach activities that the
entity and the community-based, prevention-focused,
family resource and support programs will undertake
to maximize the participation of racial and ethnic
minorities, new immigrant populations, children and
632
adults with disabilities, homeless families and those
at risk of homelessness, and members of other un-
derserved or underrepresented groups;
‘‘(10) a plan for providing operational support,
training and technical assistance to community-
based, prevention-focused, family resource and sup-
port programs for development, operation, expansion
and enhancement activities;
‘‘(11) a description of how the applicant entity’s
activities and those of the network and its members
will be evaluated;
‘‘(12) a description of that actions that the ap-
plicant entity will take to advocate changes in State
policies, practices, procedures and regulations to im-
prove the delivery of prevention-focused, family re-
source and support program services to all children
and families; and
‘‘(13) an assurance that the applicant entity
will provide the Secretary with reports at such time
and containing such information as the Secretary
may require.
‘‘SEC. 206. LOCAL PROGRAM REQUIREMENTS.
‘‘(a) IN GENERAL.—Grants made under this title
shall be used to develop, implement, operate, expand and
633
enhance community-based, prevention-focused, family re-
source and support programs that—
‘‘(1) assess community assets and needs
through a planning process that involves parents
and local public agencies, local nonprofit organiza-
tions, and private sector representatives;
‘‘(2) develop a strategy to provide, over time, a
continuum of preventive, holistic, family centered
services to children and families, especially to young
parents and parents with young children, through
public-private partnerships;
‘‘(3) provide—
‘‘(A) core family resource and support
services such as—
‘‘(i) parent education, mutual support
and self help, and leadership services;
‘‘(ii) early developmental screening of
children;
‘‘(iii) outreach services;
‘‘(iv) community and social service re-
ferrals; and
‘‘(v) follow-up services;
‘‘(B) other core services, which must be
provided or arranged for through contracts or
agreements with other local agencies, including
634
all forms of respite services to the extent prac-
ticable; and
‘‘(C) access to optional services, includ-
ing—
‘‘(i) child care, early childhood devel-
opment and intervention services;
‘‘(ii) services and supports to meet the
additional needs of families with children
with disabilities;
‘‘(iii) job readiness services;
‘‘(iv) educational services, such as
scholastic tutoring, literacy training, and
General Educational Degree services;
‘‘(v) self-sufficiency and life manage-
ment skills training;
‘‘(vi) community referral services; and
‘‘(vii) peer counseling;
‘‘(4) develop leadership roles for the meaningful
involvement of parents in the development, oper-
ation, evaluation, and oversight of the programs and
services;
‘‘(5) provide leadership in mobilizing local pub-
lic and private resources to support the provision of
needed family resource and support program serv-
ices; and
635
‘‘(6) participate with other community-based,
prevention-focused, family resource and support pro-
gram grantees in the development, operation and ex-
pansion of the Statewide network.
‘‘(b) PRIORITY.—In awarding local grants under this
title, a lead entity shall give priority to community-based
programs serving low income communities and those serv-
ing young parents or parents with young children, and to
community-based family resource and support programs
previously funded under the programs consolidated under
the Child Abuse Prevention and Treatment Act Amend-
ments of 1995, so long as such programs meet local pro-
gram requirements.
‘‘SEC. 207. PERFORMANCE MEASURES.
‘‘A State receiving a grant under this title, through
reports provided to the Secretary, shall—
‘‘(1) demonstrate the effective development, op-
eration and expansion of a Statewide network of
community-based, prevention-focused, family re-
source and support programs that meets the require-
ments of this title;
‘‘(2) supply an inventory and description of the
services provided to families by local programs that
meet identified community needs, including core and
optional services as described in section 202;
636
‘‘(3) demonstrate the establishment of new res-
pite and other specific new family resources services,
and the expansion of existing services, to address
unmet needs identified by the inventory and descrip-
tion of current services required under section
205(a)(3);
‘‘(4) describe the number of families served, in-
cluding families with children with disabilities, and
the involvement of a diverse representation of fami-
lies in the design, operation, and evaluation of the
Statewide network of community-based, prevention-
focused, family resource and support programs, and
in the design, operation and evaluation of the indi-
vidual community-based family resource and support
programs that are part of the Statewide network
funded under this title;
‘‘(5) demonstrate a high level of satisfaction
among families who have used the services of the
community-based, prevention-focused, family re-
source and support programs;
‘‘(6) demonstrate the establishment or mainte-
nance of innovative funding mechanisms, at the
State or community level, that blend Federal, State,
local and private funds, and innovative, interdiscipli-
nary service delivery mechanisms, for the develop-
637
ment, operation, expansion and enhancement of the
Statewide network of community-based, prevention-
focused, family resource and support programs;
‘‘(7) describe the results of a peer review proc-
ess conducted under the State program; and
‘‘(8) demonstrate an implementation plan to en-
sure the continued leadership of parents in the on-
going planning, implementation, and evaluation of
such community-based, prevention-focused, family
resource and support programs.
‘‘SEC. 208. NATIONAL NETWORK FOR COMMUNITY-BASED
FAMILY RESOURCE PROGRAMS.
‘‘The Secretary may allocate such sums as may be
necessary from the amount provided under the State allot-
ment to support the activities of the lead entity in the
State—
‘‘(1) to create, operate and maintain a peer re-
view process;
‘‘(2) to create, operate and maintain an infor-
mation clearinghouse;
‘‘(3) to fund a yearly symposium on State sys-
tem change efforts that result from the operation of
the Statewide networks of community-based, preven-
tion-focused, family resource and support programs;
638
‘‘(4) to create, operate and maintain a comput-
erized communication system between lead entities;
and
‘‘(5) to fund State-to-State technical assistance
through bi-annual conferences.
‘‘SEC. 209. DEFINITIONS.
‘‘For purposes of this title:
‘‘(1) CHILDREN WITH DISABILITIES.—The term
‘children with disabilities’ has the same meaning
given such term in section 602(a)(2) of the Individ-
uals with Disabilities Education Act.
‘‘(2) COMMUNITY
REFERRAL
SERVICES.—The
term ‘community referral services’ means services
provided under contract or through interagency
agreements to assist families in obtaining needed in-
formation, mutual support and community re-
sources, including respite services, health and mental
health services, employability development and job
training, and other social services through help lines
or other methods.
‘‘(3) CULTURALLY
COMPETENT.—The term
‘culturally competent’ means services, support, or
other assistance that is conducted or provided in a
manner that—
639
‘‘(A) is responsive to the beliefs, inter-
personal styles, attitudes, languages, and behav-
iors of those individuals and families receiving
services; and
‘‘(B) has the greatest likelihood of ensur-
ing maximum participation of such individuals
and families.
‘‘(4) FAMILY
RESOURCE
AND
SUPPORT
PRO-
GRAM.—The term ‘family resource and support pro-
gram’ means a community-based, prevention-focused
entity that—
‘‘(A) provides, through direct service, the
core services required under this title, 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-
ing appropriately to the behavior of their
children;
‘‘(ii) services to facilitate the ability of
parents to serve as resources to one an-
640
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) follow-up services;
‘‘(B) provides, or arranges for the provi-
sion of, other core services through contracts or
agreements with other local agencies, including
all forms of respite services; and
‘‘(C) provides access to optional services,
directly or by contract, purchase of service, or
interagency agreement, including—
‘‘(i) child care, early childhood devel-
opment and early intervention services;
641
‘‘(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.
‘‘(5) NATIONAL
NETWORK
FOR
COMMUNITY-
BASED
FAMILY
RESOURCE
PROGRAMS.—The term
‘network for community-based family resource pro-
gram’ means the organization of State designated
entities who receive grants under this title, and in-
cludes the entire membership of the Children’s Trust
Fund Alliance and the National Respite Network.
642
‘‘(6) OUTREACH
SERVICES.—The term ‘out-
reach services’ means services provided to assist con-
sumers, through voluntary home visits or other
methods, in accessing and participating in family re-
source and support program activities.
‘‘(7) 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.
‘‘SEC. 210. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this title, $108,000,000 for each of the fiscal years 1996
through 2000.’’.
643
SEC. 1132. REPEALS.
(a) TEMPORARY CHILD CARE FOR CHILDREN WITH
DISABILITIES AND CRISIS NURSERIES ACT.—The Tem-
porary Child Care for Children with Disabilities and Crisis
Nurseries Act of 1986 (42 U.S.C. 5117 et seq.) is re-
pealed.
(b) FAMILY SUPPORT CENTERS.—Subtitle F of title
VII of the Stewart B. McKinney Homeless Assistance Act
(42 U.S.C. 11481 et seq.) is repealed.
Subtitle C—Family Violence
Prevention and Services
SEC. 1141. REFERENCE.
Except as otherwise expressly provided, whenever in
this subtitle an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a
section or other provision of the Family Violence Preven-
tion and Services Act (42 U.S.C. 10401 et seq.).
SEC. 1142. STATE DEMONSTRATION GRANTS.
Section 303(e) (42 U.S.C. 10420(e)) is amended—
(1) by striking ‘‘following local share’’ and in-
serting 
‘‘following 
non-Federal 
matching 
local
share’’; and
(2) by striking ‘‘20 percent’’ and all that fol-
lows through ‘‘private sources.’’ and inserting ‘‘with
respect to an entity operating an existing program
644
under this title, not less than 20 percent, and with
respect to an entity intending to operate a new pro-
gram under this title, not less than 35 percent.’’.
SEC. 1143. ALLOTMENTS.
Section 304(a)(1) (42 U.S.C. 10403(a)(1)) is amend-
ed by striking ‘‘$200,000’’ and inserting ‘‘$400,000’’.
SEC. 1144. AUTHORIZATION OF APPROPRIATIONS.
Section 310 (42 U.S.C. 10409) is amended—
(1) in subsection (b), by striking ‘‘80’’ and in-
serting ‘‘70’’; and
(2) by adding at the end thereof the following
new subsections:
‘‘(d) GRANTS
FOR STATE COALITIONS.—Of the
amounts appropriated under subsection (a) for each fiscal
year, not less than 10 percent of such amounts shall be
used by the Secretary for making grants under section
311.
‘‘(e) NON-SUPPLANTING
REQUIREMENT.—Federal
funds made available to a State under this title shall be
used to supplement and not supplant other Federal, State,
and local public funds expended to provide services and
activities that promote the purposes of this title.’’.
645
Subtitle D—Adoption
Opportunities
SEC. 1151. REFERENCE.
Except as otherwise expressly provided, whenever in
this subtitle an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a
section or other provision of the Child Abuse Prevention
and Treatment and Adoption Reform Act of 1978 (42
U.S.C. 5111 et seq.).
SEC. 1152. FINDINGS AND PURPOSE.
Section 201 (42 U.S.C. 5111) is amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) by striking ‘‘50 percent between
1985 and 1990’’ and inserting ‘‘61 percent
between 1986 and 1994’’; and
(ii) by striking ‘‘400,000 children at
the end of June, 1990’’ and inserting
‘‘452,000 as of June, 1994’’; and
(B) in paragraph (5), by striking ‘‘local’’
and inserting ‘‘legal’’; and
(C) in paragraph (7), to read as follows:
‘‘(7)(A) currently, 40,000 children are free for
adoption and awaiting placement;
646
‘‘(B) such children are typically school aged, in
sibling groups, have experienced neglect or abuse, or
have a physical, mental, or emotional disability; and
‘‘(C) while the children are of all races, children
of color and older children (over the age of 10) are
over represented in such group;’’; and
(2) in subsection (b)—
(A) by striking ‘‘conditions, by—’’ and all
that follows through ‘‘providing a mechanism’’
and inserting ‘‘conditions, by providing a mech-
anism’’; and
(B) by redesignating subparagraphs (A)
through (C), as paragraphs (1) through (3), re-
spectively and by realigning the margins of such
paragraphs accordingly.
SEC. 1153. INFORMATION AND SERVICES.
Section 203 (42 U.S.C. 5113) is amended—
(1) in subsection (a), by striking the last sen-
tence;
(2) in subsection (b)—
(A) in paragraph (6), to read as follows:
‘‘(6) study the nature, scope, and effects of the
placement of children in kinship care arrangements,
pre-adoptive, or adoptive homes;’’;
647
(B) 
by 
redesignating 
paragraphs 
(7)
through (9) as paragraphs (8) through (10), re-
spectively; and
(C) by inserting after paragraph (6), the
following new paragraph:
‘‘(7) study the efficacy of States contracting
with public or private nonprofit agencies (including
community-based and other organizations), or sec-
tarian institutions for the recruitment of potential
adoptive and foster families and to provide assist-
ance in the placement of children for adoption;’’; and
(3) in subsection (d)—
(A) in paragraph (2)—
(i) by striking ‘‘Each’’ and inserting
‘‘(A) Each’’;
(ii) by striking ‘‘for each fiscal year’’
and inserting ‘‘that describes the manner
in which the State will use funds during
the 3-fiscal years subsequent to the date of
the application to accomplish the purposes
of this section. Such application shall be’’;
and
(iii) by adding at the end thereof the
following new subparagraph:
648
‘‘(B) The Secretary shall provide, directly or by grant
to or contract with public or private nonprofit agencies
or organizations—
‘‘(i) technical assistance and resource and refer-
ral information to assist State or local governments
with termination of parental rights issues, in recruit-
ing and retaining adoptive families, in the successful
placement of children with special needs, and in the
provision of pre- and post-placement services, includ-
ing post-legal adoption services; and
‘‘(ii) other assistance to help State and local
governments replicate successful adoption-related
projects from other areas in the United States.’’.
SEC. 1154. AUTHORIZATION OF APPROPRIATIONS.
Section 205 (42 U.S.C. 5115) is amended—
(1) 
in 
subsection 
(a), 
by 
striking
‘‘$10,000,000,’’ 
and 
all 
that 
follows 
through
‘‘203(c)(1)’’ and inserting ‘‘$20,000,000 for fiscal
year 1996, and such sums as may be necessary for
each of the fiscal years 1997 through 2000 to carry
out programs and activities authorized’’;
(2) by striking subsection (b); and
(3) by redesignating subsection (c) as sub-
section (b).
649
Subtitle E—Abandoned Infants
Assistance Act of 1986
SEC. 1161. REAUTHORIZATION.
Section 104(a)(1) of the Abandoned Infants Assist-
ance Act of 1988 (42 U.S.C. 670 note) is amended by
striking ‘‘$20,000,000’’ and all that follows through the
end thereof and inserting ‘‘$35,000,000 for each of the
fiscal years 1995 and 1996, and such sums as may be
necessary for each of the fiscal years 1997 through 2000’’.
Subtitle F—Reauthorization of
Various Programs
SEC. 1171. MISSING CHILDREN’S ASSISTANCE ACT.
Section 408 of the Missing Children’s Assistance Act
(42 U.S.C. 5777) is amended—
(1) by striking ‘‘To’’ and inserting ‘‘(a) IN
GENERAL.—’’
(2) by striking ‘‘and 1996’’ and inserting
‘‘1996, and 1997’’; and
(3) by adding at the end thereof the following
new subsection:
‘‘(b) EVALUATION.—The Administrator shall use not
more than 5 percent of the amount appropriated for a fis-
cal year under subsection (a) to conduct an evaluation of
the effectiveness of the programs and activities established
and operated under this title.’’.
650
SEC. 1172. VICTIMS OF CHILD ABUSE ACT OF 1990.
Section 214B of the Victims of Child Abuse Act of
1990 (42 U.S.C. 13004) is amended—
(1) in subsection (a)(2), by striking ‘‘and 1996’’
and inserting ‘‘1996, and 1997’’; and
(2) in subsection (b)(2), by striking ‘‘and
1996’’ and inserting ‘‘1996 and 1997’’.
TITLE XII—REDUCTIONS IN FED-
ERAL 
GOVERNMENT 
POSI-
TIONS
SEC. 1201. REDUCTIONS.
(a) DEFINITIONS.—As used in this section:
(1) APPROPRIATE EFFECTIVE DATE.—The term
‘‘appropriate effective date’’, used with respect to a
Department referred to in this section, means the
date on which all provisions of this Act that the De-
partment is required to carry out, and amendments
and repeals made by this Act to provisions of Fed-
eral law that the Department is required to carry
out, are effective.
(2) COVERED
ACTIVITY.—The term ‘‘covered
activity’’, used with respect to a Department re-
ferred to in this section, means an activity that the
Department is required to carry out under—
(A) a provision of this Act; or
651
(B) a provision of Federal law that is
amended or repealed by this Act.
(b) REPORTS.—
(1) CONTENTS.—Not later than December 31,
1995, each Secretary referred to in paragraph (2)
shall prepare and submit to the relevant committees
described in paragraph (3) a report containing—
(A) the determinations described in sub-
section (c);
(B) appropriate documentation in support
of such determinations; and
(C) a description of the methodology used
in making such determinations.
(2) SECRETARY.—The Secretaries referred to in
this paragraph are—
(A) the Secretary of Agriculture;
(B) the Secretary of Education;
(C) the Secretary of Labor;
(D) the Secretary of Housing and Urban
Development; and
(E) the Secretary of Health and Human
Services.
(3) RELEVANT
COMMITTEES.—The relevant
Committees described in this paragraph are the fol-
lowing:
652
(A) With respect to each Secretary de-
scribed in paragraph (2), the Committee on
Government Reform and Oversight of the
House of Representatives and the Committee
on Governmental Affairs of the Senate.
(B) With respect to the Secretary of Agri-
culture, the Committee on Agriculture and the
Committee on Economic and Educational Op-
portunities of the House of Representatives and
the Committee on Agriculture, Nutrition, and
Forestry of the Senate.
(C) With respect to the Secretary of Edu-
cation, the Committee on Economic and Edu-
cational Opportunities of the House of Rep-
resentatives and the Committee on Labor and
Human Resources of the Senate.
(D) With respect to the Secretary of
Labor, the Committee on Economic and Edu-
cational Opportunities of the House of Rep-
resentatives and the Committee on Labor and
Human Resources of the Senate.
(E) With respect to the Secretary of Hous-
ing and Urban Development, the Committee on
Banking and Financial Services of the House of
653
Representatives and the Committee on Bank-
ing, Housing, and Urban Affairs of the Senate.
(F) With respect to the Secretary of
Health and Human Services, the Committee on
Economic and Educational Opportunities of the
House of Representatives, the Committee on
Labor and Human Resources of the Senate, the
Committee on Ways and Means of the House of
Representatives, and the Committee on Finance
of the Senate.
(4) REPORT ON CHANGES.—Not later than De-
cember 31, 1996, and each December 31 thereafter,
each Secretary referred to in paragraph (2) shall
prepare and submit to the relevant Committees de-
scribed in paragraph (3), a report concerning any
changes with respect to the determinations made
under subsection (c) for the year in which the report
is being submitted.
(c) DETERMINATIONS.—Not later than December 31,
1995, each Secretary referred to in subsection (b)(2) shall
determine—
(1) the number of full-time equivalent positions
required by the Department (or the Federal Part-
nership established under section 771) headed by
such Secretary to carry out the covered activities of
654
the Department (or Federal Partnership), as of the
day before the date of enactment of this Act;
(2) the number of such positions required by
the Department (or Federal Partnership) to carry
out the activities, as of the appropriate effective date
for the Department (or Federal Partnership); and
(3) the difference obtained by subtracting the
number referred to in paragraph (2) from the num-
ber referred to in paragraph (1).
(d) ACTIONS.—Not later than 30 days after the ap-
propriate effective date for the Department involved, each
Secretary referred to in subsection (b)(2) shall take such
actions as may be necessary, including reduction in force
actions, consistent with sections 3502 and 3595 of title
5, United States Code, to reduce the number of positions
of personnel of the Department by at least the difference
referred to in subsection (c)(3).
(e) CONSISTENCY.—
(1) EDUCATION.—The Secretary of Education
shall carry out this section in a manner that enables
the Secretary to meet the requirements of this sec-
tion and section 776(i)(2).
(2) LABOR.—The Secretary of Labor shall
carry out this section in a manner that enables the