433
of the Service, and that the need for such bene-
fits has a substantial connection to such battery
or cruelty.
(c) STATE PUBLIC BENEFITS DEFINED.—The term
‘‘State public benefits’’ means any means-tested public
benefit of a State or political subdivision of a State under
which the State or political subdivision specifies the stand-
ards for eligibility, and does not include any Federal public
benefit.
Subtitle C—Attribution of Income
and Affidavits of Support
SEC. 421. FEDERAL ATTRIBUTION OF SPONSOR’S INCOME
AND RESOURCES TO ALIEN FOR PURPOSES
OF MEDICAID ELIGIBILITY.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, in determining the eligibility and the amount
of benefits of an alien (other than an alien who has not
attained 18 years of age or an alien who is pregnant) for
the program of medical assistance under title XIX and
title XXI of the Social Security Act, the income and re-
sources of the alien shall be deemed to include the follow-
ing:
(1) The income and resources of any person
who executed an affidavit of support pursuant to
section 213A of the Immigration and Nationality
434
Act (as added by section 423) on behalf of such
alien.
(2) The income and resources of the spouse (if
any) of the person.
(b) APPLICATION.—Subsection (a) shall apply with
respect to an alien (other than an alien who has not at-
tained 18 years of age or an alien who is pregnant) until
such time as the alien—
(1) achieves United States citizenship through
naturalization pursuant to chapter 2 of title III of
the Immigration and Nationality Act; or
(2)(A) has worked 20 qualifying quarters of
coverage as defined under title II of the Social Secu-
rity Act or can be credited with such qualifying
quarters as provided under section 435, and (B) did
not receive any Federal means-tested public benefit
(as defined in section 403(c)) during any such quar-
ter.
(c) REVIEW OF INCOME AND RESOURCES OF ALIEN
UPON REAPPLICATION.—Whenever an alien (other than
an alien who has not attained 18 years of age or an alien
who is pregnant) is required to reapply for benefits under
any Federal means-tested public benefits program, the ap-
plicable agency shall review the income and resources at-
tributed to the alien under subsection (a).
435
SEC. 422. AUTHORITY FOR STATES TO PROVIDE FOR AT-
TRIBUTION OF SPONSOR’S INCOME AND RE-
SOURCES TO THE ALIEN WITH RESPECT TO
STATE PROGRAMS.
(a) OPTIONAL APPLICATION TO STATE PROGRAMS.—
Except as provided in subsection (b), in determining the
eligibility and the amount of benefits of an alien for any
State public benefits (as defined in section 412(c)), the
State or political subdivision that offers the benefits is au-
thorized to provide that the income and resources of the
alien shall be deemed to include—
(1) the income and resources of any individual
who executed an affidavit of support pursuant to
section 213A of the Immigration and Nationality
Act (as added by section 423) on behalf of such
alien, and
(2) the income and resources of the spouse (if
any) of the individual.
(b) EXCEPTIONS.—Subsection (a) shall not apply
with respect to the following State public benefits:
(1) Emergency medical services.
(2) Short-term, noncash, in-kind emergency dis-
aster relief.
(3) Programs comparable to assistance or bene-
fits under the National School Lunch Act.
436
(4) Programs comparable to assistance or bene-
fits under the Child Nutrition Act of 1966.
(5)(A) Public health assistance for immuniza-
tions.
(B) Public health assistance for testing and
treatment of a serious communicable disease if the
appropriate chief State health official determines
that it is necessary to prevent the spread of such
disease.
(6) Payments for foster care and adoption as-
sistance.
(7) Programs, services, or assistance (such as
soup kitchens, crisis counseling and intervention,
and short-term shelter) specified by the Attorney
General of a State, after consultation with appro-
priate agencies and departments, which (A) deliver
in-kind services at the community level, including
through public or private nonprofit agencies; (B) do
not condition the provision of assistance, the amount
of assistance provided, or the cost of assistance pro-
vided on the individual recipient’s income or re-
sources; and (C) are necessary for the protection of
life or safety.
437
SEC. 423. REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF
SUPPORT.
(a) IN GENERAL.—Title II of the Immigration and
Nationality Act is amended by inserting after section 213
the following new section:
‘‘REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF SUPPORT
‘‘SEC. 213A. (a) ENFORCEABILITY.—(1) No affidavit
of support may be accepted by the Attorney General or
by any consular officer to establish that an alien is not
excludable as a public charge under section 212(a)(4) un-
less such affidavit is executed as a contract—
‘‘(A) which is legally enforceable against the
sponsor by the sponsored alien, the Federal Govern-
ment, and by any State (or any political subdivision
of such State) which provides any means-tested pub-
lic benefits program, but not later than 10 years
after the alien last receives any such benefit;
‘‘(B) in which the sponsor agrees to financially
support the alien, so that the alien will not become
a public charge; and
‘‘(C) in which the sponsor agrees to submit to
the jurisdiction of any Federal or State court for the
purpose of actions brought under subsection (e)(2).
‘‘(2) A contract under paragraph (1) shall be enforce-
able with respect to benefits provided to the alien until
438
such time as the alien achieves United States citizenship
through naturalization pursuant to chapter 2 of title III.
‘‘(b) FORMS.—Not later than 90 days after the date
of enactment of this section, the Attorney General, in con-
sultation with the Secretary of State and the Secretary
of Health and Human Services, shall formulate an affida-
vit of support consistent with the provisions of this sec-
tion.
‘‘(c) REMEDIES.—Remedies available to enforce an
affidavit of support under this section include any or all
of the remedies described in sections 3201, 3203, 3204,
or 3205 of title 28, United States Code, as well as an
order for specific performance and payment of legal fees
and other costs of collection, and include corresponding
remedies available under State law. A Federal agency may
seek to collect amounts owed under this section in accord-
ance with the provisions of subchapter II of chapter 37
of title 31, United States Code.
‘‘(d) NOTIFICATION OF CHANGE OF ADDRESS.—
‘‘(1) IN
GENERAL.—The sponsor shall notify
the Attorney General and the State in which the
sponsored alien is currently resident within 30 days
of any change of address of the sponsor during the
period specified in subsection (a)(2).
439
‘‘(2) PENALTY.—Any person subject to the re-
quirement of paragraph (1) who fails to satisfy such
requirement shall be subject to a civil penalty of—
‘‘(A) not less than $250 or more than
$2,000, or
‘‘(B) if such failure occurs with knowledge
that the alien has received any means-tested
public benefit, not less than $2,000 or more
than $5,000.
‘‘(e) 
REIMBURSEMENT
OF
GOVERNMENT
EX-
PENSES.—(1)(A) Upon notification that a sponsored alien
has received any benefit under any means-tested public
benefits program, the appropriate Federal, State, or local
official shall request reimbursement by the sponsor in the
amount of such assistance.
‘‘(B) The Attorney General, in consultation with the
Secretary of Health and Human Services, shall prescribe
such regulations as may be necessary to carry out sub-
paragraph (A).
‘‘(2) If within 45 days after requesting reimburse-
ment, the appropriate Federal, State, or local agency has
not received a response from the sponsor indicating a will-
ingness to commence payments, an action may be brought
against the sponsor pursuant to the affidavit of support.
440
‘‘(3) If the sponsor fails to abide by the repayment
terms established by such agency, the agency may, within
60 days of such failure, bring an action against the spon-
sor pursuant to the affidavit of support.
‘‘(4) No cause of action may be brought under this
subsection later than 10 years after the alien last received
any benefit under any means-tested public benefits pro-
gram.
‘‘(5) If, pursuant to the terms of this subsection, a
Federal, State, or local agency requests reimbursement
from the sponsor in the amount of assistance provided,
or brings an action against the sponsor pursuant to the
affidavit of support, the appropriate agency may appoint
or hire an individual or other person to act on behalf of
such agency acting under the authority of law for purposes
of collecting any moneys owed. Nothing in this subsection
shall preclude any appropriate Federal, State, or local
agency from directly requesting reimbursement from a
sponsor for the amount of assistance provided, or from
bringing an action against a sponsor pursuant to an affi-
davit of support.
‘‘(f) DEFINITIONS.—For the purposes of this sec-
tion—
‘‘(1) SPONSOR.—The term ‘sponsor’ means an
individual who—
441
‘‘(A) is a citizen or national of the United
States or an alien who is lawfully admitted to
the United States for permanent residence;
‘‘(B) has attained the age of 18 years;
‘‘(C) is domiciled in any of the 50 States
or the District of Columbia; and
‘‘(D) is the person petitioning for the ad-
mission of the alien under section 204.
‘‘(2) MEANS-TESTED
PUBLIC
BENEFITS
PRO-
GRAM.—The term ‘means-tested public benefits pro-
gram’ means a program of public benefits (including
cash, medical, housing, and food assistance and so-
cial services) of the Federal Government or of a
State or political subdivision of a State in which the
eligibility of an individual, household, or family eligi-
bility unit for benefits under the program, or the
amount of such benefits, or both are determined on
the basis of income, resources, or financial need of
the individual, household, or unit.’’.
(b) CLERICAL AMENDMENT.—The table of contents
of such Act is amended by inserting after the item relating
to section 213 the following:
‘‘Sec. 213A. Requirements for sponsor’s affidavit of support.’’.
(c) EFFECTIVE DATE.—Subsection (a) of section
213A of the Immigration and Nationality Act, as inserted
by subsection (a) of this section, shall apply to affidavits
442
of support executed on or after a date specified by the
Attorney General, which date shall not be earlier than 60
days (and not later than 90 days) after the date the Attor-
ney General formulates the form for such affidavits under
subsection (b) of such section.
(d) BENEFITS
NOT
SUBJECT
TO
REIMBURSE-
MENT.—Requirements for reimbursement by a sponsor for
benefits provided to a sponsored alien pursuant to an affi-
davit of support under section 213A of the Immigration
and Nationality Act shall not apply with respect to the
following:
(1) Emergency medical services under title XIX
or XXI of the Social Security Act.
(2) Short-term, noncash, in-kind emergency dis-
aster relief.
(3) Assistance or benefits under the National
School Lunch Act.
(4) Assistance or benefits under the Child Nu-
trition Act of 1966.
(5)(A) Public health assistance for immuniza-
tions.
(B) Public health assistance for testing and
treatment of a serious communicable disease if the
Secretary of Health and Human Services determines
443
that it is necessary to prevent the spread of such
disease.
(6) Payments for foster care and adoption as-
sistance under part B of title IV of the Social Secu-
rity Act for a child, but only if the foster or adoptive
parent or parents of such child are not otherwise
ineligible pursuant to section 403 of this Act.
(7) Programs, services, or assistance (such as
soup kitchens, crisis counseling and intervention,
and short-term shelter) specified by the Attorney
General, in the Attorney General’s sole and
unreviewable discretion after consultation with ap-
propriate Federal agencies and departments, which
(A) deliver in-kind services at the community level,
including through public or private nonprofit agen-
cies; (B) do not condition the provision of assistance,
the amount of assistance provided, or the cost of as-
sistance provided on the individual recipient’s in-
come or resources; and (C) are necessary for the
protection of life or safety.
(8) Programs of student assistance under titles
IV, V, IX, and X of the Higher Education Act of
1965.
444
SEC. 424. COSIGNATURE OF ALIEN STUDENT LOANS.
Section 484(b) of the Higher Education Act of 1965
(20 U.S.C. 1091(b)) is amended by adding at the end the
following new paragraph:
‘‘(6) Notwithstanding sections 427(a)(2)(A),
428B(a), 428C(b)(4)(A), and 464(c)(1)(E), or any
other provision of this title, a student who is an
alien lawfully admitted for permanent residence
under the Immigration and Nationality Act shall not
be eligible for a loan under this title unless the loan
is endorsed and cosigned by the alien’s sponsor
under section 213A of the Immigration and Nation-
ality Act or by another creditworthy individual who
is a United States citizen.’’.
Subtitle D—General Provisions
SEC. 431. DEFINITIONS.
(a) IN GENERAL.—Except as otherwise provided in
this title, the terms used in this title have the same mean-
ing given such terms in section 101(a) of the Immigration
and Nationality Act.
(b) QUALIFIED ALIEN.—For purposes of this title,
the term ‘‘qualified alien’’ means an alien who, at the time
the alien applies for, receives, or attempts to receive a
Federal public benefit, is—
445
(1) an alien who is lawfully admitted for perma-
nent residence under the Immigration and National-
ity Act,
(2) an alien who is granted asylum under sec-
tion 208 of such Act,
(3) a refugee who is admitted to the United
States under section 207 of such Act,
(4) an alien who is paroled into the United
States under section 212(d)(5) of such Act for a pe-
riod of at least 1 year,
(5) an alien whose deportation is being withheld
under section 243(h) of such Act, or
(6) an alien who is granted conditional entry
pursuant to section 203(a)(7) of such Act as in ef-
fect prior to April 1, 1980.
SEC. 432. VERIFICATION OF ELIGIBILITY FOR FEDERAL
PUBLIC BENEFITS.
(a) IN GENERAL.—Not later than 18 months after
the date of the enactment of this Act, the Attorney Gen-
eral of the United States, after consultation with the Sec-
retary of Health and Human Services, shall promulgate
regulations requiring verification that a person applying
for a Federal public benefit (as defined in section 401(c)),
to which the limitation under section 401 applies, is a
qualified alien and is eligible to receive such benefit. Such
446
regulations shall, to the extent feasible, require that infor-
mation requested and exchanged be similar in form and
manner to information requested and exchanged under
section 1137 of the Social Security Act.
(b) STATE COMPLIANCE.—Not later than 24 months
after the date the regulations described in subsection (a)
are adopted, a State that administers a program that pro-
vides a Federal public benefit shall have in effect a ver-
ification system that complies with the regulations.
(c) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as may be
necessary to carry out the purpose of this section.
SEC. 433. STATUTORY CONSTRUCTION.
(a) LIMITATION.—
(1) Nothing in this title may be construed as an
entitlement or a determination of an individual’s eli-
gibility or fulfillment of the requisite requirements
for any Federal, State, or local governmental pro-
gram, assistance, or benefits. For purposes of this
title, eligibility relates only to the general issue of
eligibility or ineligibility on the basis of alienage.
(2) Nothing in this title may be construed as
addressing alien eligibility for a basic public edu-
cation as determined by the Supreme Court of the
447
United States under Plyler v. Doe (457 U.S.
202)(1982).
(b) NOT APPLICABLE TO FOREIGN ASSISTANCE.—
This title does not apply to any Federal, State, or local
governmental program, assistance, or benefits provided to
an alien under any program of foreign assistance as deter-
mined by the Secretary of State in consultation with the
Attorney General.
(c) SEVERABILITY.—If any provision of this title or
the application of such provision to any person or cir-
cumstance is held to be unconstitutional, the remainder
of this title and the application of the provisions of such
to any person or circumstance shall not be affected there-
by.
SEC. 434. COMMUNICATION BETWEEN STATE AND LOCAL
GOVERNMENT AGENCIES AND THE IMMIGRA-
TION AND NATURALIZATION SERVICE.
Notwithstanding any other provision of Federal,
State, or local law, no State or local government entity
may be prohibited, or in any way restricted, from sending
to or receiving from the Immigration and Naturalization
Service information regarding the immigration status,
lawful or unlawful, of an alien in the United States.
448
SEC. 435. QUALIFYING QUARTERS.
For purposes of this title, in determining the number
of qualifying quarters of coverage under title II of the So-
cial Security Act an alien shall be credited with—
(1) all of the qualifying quarters of coverage as
defined under title II of the Social Security Act
worked by a parent of such alien while the alien was
under age 18 if the parent did not receive any Fed-
eral means-tested public benefit (as defined in sec-
tion 403(c)) during any such quarter, and
(2) all of the qualifying quarters worked by a
spouse of such alien during their marriage if the
spouse did not receive any Federal means-tested
public benefit (as defined in section 403(c)) during
any such quarter and the alien remains married to
such spouse or such spouse is deceased.
SEC. 436. TITLE INAPPLICABLE TO PROGRAMS SPECIFIED
BY ATTORNEY GENERAL.
Notwithstanding any other provision of this title, this
title or any provision of this title shall not apply to pro-
grams, services, or assistance (such as soup kitchens, cri-
sis counseling and intervention, and short term shelter)
specified by the Attorney General, in the Attorney Gen-
eral’s sole and unreviewable discretion after consultation
with appropriate Federal agencies and departments, which
(1) deliver services at the community level, including
449
through public or private nonprofit agencies; (2) do not
condition the provision of assistance, the amount of assist-
ance provided, or the cost of assistance provided on the
individual recipient’s income or resources; and (3) are nec-
essary for the protection of life, safety or the public health.
SEC. 437. TITLE INAPPLICABLE TO PROGRAMS OF NON-
PROFIT CHARITABLE ORGANIZATIONS.
Notwithstanding any other provision of this title, this
title or any provision of this title shall not apply to pro-
grams, services, or assistance of a nonprofit charitable or-
ganization, regardless of whether such programs, services,
or assistance are funded, in whole or in part, by the Fed-
eral Government or the government of any State or politi-
cal subdivision of a State.
Subtitle E—Conforming
Amendments
SEC. 441. CONFORMING AMENDMENTS RELATING TO AS-
SISTED HOUSING.
(a) LIMITATIONS ON ASSISTANCE.—Section 214 of
the Housing and Community Development Act of 1980
(42 U.S.C. 1436a) is amended—
(1) by striking ‘‘Secretary of Housing and
Urban Development’’ each place it appears and in-
serting ‘‘applicable Secretary’’;
450
(2) in subsection (b), by inserting after ‘‘Na-
tional Housing Act,’’ the following: ‘‘the direct loan
program under section 502 of the Housing Act of
1949 or section 502(c)(5)(D), 504, 521(a)(2)(A), or
542 of such Act, subtitle A of title III of the Cran-
ston-Gonzalez National Affordable Housing Act,’’;
(3) in paragraphs (2) through (6) of subsection
(d), by striking ‘‘Secretary’’ each place it appears
and inserting ‘‘applicable Secretary’’;
(4) in subsection (d), in the matter following
paragraph (6), by striking ‘‘the term ‘Secretary’ ’’
and inserting ‘‘the term ‘applicable Secretary’ ’’; and
(5) by adding at the end the following new sub-
section:
‘‘(h) For purposes of this section, the term ‘applicable
Secretary’ means—
‘‘(1) the Secretary of Housing and Urban De-
velopment, with respect to financial assistance ad-
ministered by such Secretary and financial assist-
ance under subtitle A of title III of the Cranston-
Gonzalez National Affordable Housing Act; and
‘‘(2) the Secretary of Agriculture, with respect
to financial assistance administered by such Sec-
retary.’’.
451
(b) CONFORMING AMENDMENTS.—Section 501(h) of
the Housing Act of 1949 (42 U.S.C. 1471(h)) is amend-
ed—
(1) by striking ‘‘(1)’’;
(2) by striking ‘‘by the Secretary of Housing
and Urban Development’’; and
(3) by striking paragraph (2).
TITLE V—REDUCTIONS IN FED-
ERAL 
GOVERNMENT 
POSI-
TIONS
SEC. 501. REDUCTIONS.
(a) DEFINITIONS.—As used in this section:
(1) APPROPRIATE EFFECTIVE DATE.—The term
‘‘appropriate effective date’’, used with respect to a
Department referred to in this section, means the
date on which all provisions of this Act (other than
title II) that the Department is required to carry
out, and amendments and repeals made by such Act
to provisions of Federal 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—
452
(A) a provision of this Act (other than title
II); or
(B) a provision of Federal law that is
amended or repealed by this Act (other than
title II).
(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.
453
(3) RELEVANT
COMMITTEES.—The relevant
Committees described in this paragraph are the fol-
lowing:
(A) With respect to each Secretary de-
scribed in paragraph (2), the Committee on
Government Reform and Oversight of the
House of Representatives and the Committee
on Governmental Affairs of the Senate.
(B) With respect to the Secretary of Agri-
culture, the Committee on Agriculture and the
Committee on Economic and Educational Op-
portunities of the House of Representatives and
the Committee on Agriculture, Nutrition, and
Forestry of the Senate.
(C) With respect to the Secretary of Edu-
cation, the Committee on Economic and Edu-
cational Opportunities of the House of Rep-
resentatives and the Committee on Labor and
Human Resources of the Senate.
(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.
454
(E) With respect to the Secretary of Hous-
ing and Urban Development, the Committee on
Banking and Financial Services of the House of
Representatives and the Committee on Bank-
ing, Housing, and Urban Affairs of the Senate.
(F) With respect to the Secretary of
Health and Human Services, the Committee on
Economic and Educational Opportunities of the
House of Representatives, the Committee on
Labor and Human Resources of the Senate, the
Committee on Ways and Means of the House of
Representatives, and the Committee on Finance
of the Senate.
(4) REPORT ON CHANGES.—Not later than De-
cember 31, 1996, and each December 31 thereafter,
each Secretary referred to in paragraph (2) shall
prepare and submit to the relevant Committees de-
scribed in paragraph (3), a report concerning any
changes with respect to the determinations made
under subsection (c) for the year in which the report
is being submitted.
(c) DETERMINATIONS.—Not later than October 1,
1996, each Secretary referred to in subsection (b)(2) shall
determine—
455
(1) the number of full-time equivalent positions
required by the Department headed by such Sec-
retary to carry out the covered activities of the De-
partment, as of the day before the date of enactment
of this Act;
(2) the number of such positions required by
the Department to carry out the activities, as of the
appropriate effective date for the Department; and
(3) the difference obtained by subtracting the
number referred to in paragraph (2) from the num-
ber referred to in paragraph (1).
(d) ACTIONS.—Each Secretary referred to in sub-
section (b)(2) shall take such actions as may be necessary,
including reduction in force actions, consistent with sec-
tions 3502 and 3595 of title 5, United States Code, to
reduce the number of positions of personnel of the Depart-
ment—
(1) not later than 30 days after the appropriate
effective date for the Department involved, by at
least 50 percent of the difference referred to in sub-
section (c)(3); and
(2) not later than 13 months after such appro-
priate effective date, by at least the remainder of
such difference (after the application of paragraph
(1)).
456
(e) CONSISTENCY.—
(1) EDUCATION.—The Secretary of Education
shall carry out this section in a manner that enables
the Secretary to meet the requirements of this sec-
tion.
(2) LABOR.—The Secretary of Labor shall
carry out this section in a manner that enables the
Secretary to meet the requirements of this section.
(3) HEALTH AND HUMAN SERVICES.—The Sec-
retary of Health and Human Services shall carry out
this section in a manner that enables the Secretary
to meet the requirements of this section and sections
502 and 503.
(f) CALCULATION.—In determining, under subsection
(c), the number of full-time equivalent positions required
by a Department to carry out a covered activity, a Sec-
retary referred to in subsection (b)(2) shall include the
number of such positions occupied by personnel carrying
out program functions or other functions (including budg-
etary, legislative, administrative, planning, evaluation, and
legal functions) related to the activity.
(g) GENERAL ACCOUNTING OFFICE REPORT.—Not
later than July 1, 1996, the Comptroller General of the
United States shall prepare and submit to the committees
described in subsection (b)(3), a report concerning the de-
457
terminations made by each Secretary under subsection (c).
Such report shall contain an analysis of the determina-
tions made by each Secretary under subsection (c) and
a determination as to whether further reductions in full-
time equivalent positions are appropriate.
SEC. 502. REDUCTIONS IN FEDERAL BUREAUCRACY.
(a) IN GENERAL.—The Secretary of Health and
Human Services shall reduce the Federal workforce within
the Department of Health and Human Services by an
amount equal to the sum of—
(1) 75 percent of the full-time equivalent posi-
tions at such Department that relate to any direct
spending program, or any program funded through
discretionary spending, that has been converted into
a block grant program under this Act and the
amendments made by this Act; and
(2) an amount equal to 75 percent of that por-
tion of the total full-time equivalent departmental
management positions at such Department that
bears the same relationship to the amount appro-
priated for the programs referred to in paragraph
(1) as such amount relates to the total amount ap-
propriated for use by such Department.
(b) REDUCTIONS IN THE DEPARTMENT OF HEALTH
AND HUMAN SERVICES.—Notwithstanding any other pro-
458
vision of this Act, the Secretary of Health and Human
Services shall take such actions as may be necessary, in-
cluding reductions in force actions, consistent with sec-
tions 3502 and 3595 of title 5, United States Code, to
reduce the full-time equivalent positions within the De-
partment of Health and Human Services—
(1) by 245 full-time equivalent positions related
to the program converted into a block grant under
the amendment made by section 103; and
(2) by 60 full-time equivalent managerial posi-
tions in the Department.
SEC. 503. REDUCING PERSONNEL IN WASHINGTON, D.C.
AREA.
In making reductions in full-time equivalent posi-
tions, the Secretary of Health and Human Services is en-
couraged to reduce personnel in the Washington, D.C.,
area office (agency headquarters) before reducing field
personnel.
TITLE VI—REFORM OF PUBLIC
HOUSING
SEC. 601. 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:
459
‘‘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. 602. 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
460
which Federal funds are appropriated as a result of a de-
crease in the income of the individual (determined under
the applicable program) attributable to such reduction.
(b) WELFARE OR PUBLIC ASSISTANCE PROGRAMS
FOR WHICH FEDERAL FUNDS ARE APPROPRIATED.—For
purposes of subsection (a), the term ‘‘means-tested welfare
or public assistance program for which Federal funds are
appropriated’’ includes the food stamp program under the
Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), any
program of public or assisted housing under title I of the
United States Housing Act of 1937 (42 U.S.C. 1437 et
seq.), and State programs funded under part A of title
IV of the Social Security Act (42 U.S.C. 601 et seq.).
SEC. 603. ANNUAL ADJUSTMENT FACTORS FOR OPERATING
COSTS 
ONLY; 
RESTRAINT 
ON 
RENT 
IN-
CREASES.
(a) ANNUAL ADJUSTMENT FACTORS FOR OPERATING
COSTS ONLY.—Section 8(c)(2)(A) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(c)(2)(A)) is
amended—
(1) 
by 
striking 
‘‘(2)(A)’’ 
and 
inserting
‘‘(2)(A)(i)’’;
(2) by striking the second sentence and all that
follows through the end of the subparagraph; and
461
(3) by adding at the end the following new
clause:
‘‘(ii) Each assistance contract under this section shall
provide that—
‘‘(I) if the maximum monthly rent for a unit in
a new construction or substantial rehabilitation
project to be adjusted using an annual adjustment
factor exceeds 100 percent of the fair market rent
for an existing dwelling unit in the market area, the
Secretary shall adjust the rent using an operating
costs factor that increases the rent to reflect in-
creases in operating costs in the market area; and
‘‘(II) if the owner of a unit in a project de-
scribed in subclause (I) demonstrates that the ad-
justed rent determined under subclause (I) would
not exceed the rent for an unassisted unit of similar
quality, type, and age in the same market area, as
determined by the Secretary, the Secretary shall use
the otherwise applicable annual adjustment factor.’’.
(b) RESTRAINT ON SECTION 8 RENT INCREASES.—
Section 8(c)(2)(A) of the United States Housing Act of
1937 (42 U.S.C. 1437f(c)(2)(A)), as amended by sub-
section (a), is amended by adding at the end the following
new clause:
463
TITLE VII—CHILD CARE
SEC. 701. SHORT TITLE AND REFERENCES.
(a) SHORT TITLE.—This title may be cited as the
‘‘Child Care and Development Block Grant Amendments
of 1995’’.
(b) REFERENCES.—Except as otherwise expressly
provided, whenever in this title an amendment or repeal
is expressed in terms of an amendment to, or repeal of,
a section or other provision, the reference shall be consid-
ered to be made to a section or other provision of the Child
Care and Development Block Grant Act of 1990 (42
U.S.C. 9858 et seq.).
SEC. 702. GOALS.
(a) GOALS.—Section 658A (42 U.S.C. 9801 note) is
amended—
(1) in the section heading by inserting ‘‘AND
GOALS’’ after ‘‘TITLE’’;
(2) by inserting ‘‘(a) SHORT TITLE.—’’ before
‘‘This’’; and
(3) by adding at the end the following:
‘‘(b) GOALS.—The goals of this subchapter are—
‘‘(1) to allow each State maximum flexibility in
developing child care programs and policies that best
suit the needs of children and parents within such
State;
464
‘‘(2) to promote parental choice to empower
working parents to make their own decisions on the
child care that best suits their family’s needs;
‘‘(3) to encourage States to provide consumer
education information to help parents make in-
formed choices about child care;
‘‘(4) to assist States to provide child care to
parents trying to achieve independence from public
assistance; and
‘‘(5) to assist States in implementing the
health, safety, licensing, and registration standards
established in State regulations.’’.
SEC. 803. AUTHORIZATION OF APPROPRIATIONS AND EN-
TITLEMENT AUTHORITY.
(a) IN GENERAL.—Section 658B (42 U.S.C. 9858)
is amended to read as follows:
‘‘SEC. 658B. AUTHORIZATION OF APPROPRIATIONS.
‘‘There is authorized to be appropriated to carry out
this subchapter $1,000,000,000 for each of the fiscal
years 1996 through 2002.’’.
(b) SOCIAL SECURITY ACT.—Part A of title IV of
the Social Security Act (as amended by section 103 of this
Act) is amended by redesignating section 417 as section
418 and inserting after section 416 the following:
465
‘‘SEC. 417. FUNDING FOR CHILD CARE.
‘‘(a) GENERAL CHILD CARE ENTITLEMENT.—
‘‘(1) GENERAL ENTITLEMENT.—Subject to the
amount appropriated under paragraph (3), each
State shall, for the purpose of providing child care
assistance, be entitled to payments under a grant
under this subsection for a fiscal year in an amount
equal to the greatest of—
‘‘(A) the sum of—
‘‘(i) the total amount required to be
paid to the State under former section 403
for fiscal year 1994 with respect to
amounts expended for child care under sec-
tion 402(g) of this Act (as such section
was in effect before October 1, 1995); and
‘‘(ii) such total amount with respect
to amounts expended for child care under
section 403(i) of this Act (as so in effect);
or
‘‘(B) the sum described in subparagraph
(A) for fiscal year 1995; or
‘‘(C) the average of the total amounts re-
quired to be paid to the State for fiscal years
1992 through 1994 under the sections referred
to in subparagraph (A).
‘‘(2) REMAINDER.—
466
‘‘(A) GRANTS.—The Secretary shall use
any amounts appropriated for a fiscal year
under paragraph (3), and remaining after the
reservation described in paragraph (5) and
after grants are awarded under paragraph (1),
to make grants to States under this paragraph.
‘‘(B) AMOUNT.—Subject to subparagraph
(C), the amount of a grant awarded to a State
for a fiscal year under this paragraph shall be
based on the formula used for determining the
amount of Federal payments to the State under
section 403(n) (as such section was in effect be-
fore October 1, 1995).
‘‘(C) MATCHING REQUIREMENT.—The Sec-
retary shall pay to each eligible State in a fiscal
year an amount, under a grant under subpara-
graph (A), equal to the Federal medical assist-
ance percentage for such State for fiscal year
1995 (as defined in section 1905(b)) of so
much of the expenditures by the State for child
care in such year as exceed the State set-aside
for such State under subsection (a)(1) for such
year and the amount of State expenditures in
fiscal year 1995 that equal the non-Federal
467
share for the programs described in subpara-
graphs (A), (B) and (C) of paragraph (1).
‘‘(3) APPROPRIATION.—There are authorized to
be appropriated, and there are appropriated, to
carry out this section—
‘‘(A) $1,967,000,000 for fiscal year 1997;
‘‘(B) $2,067,000,000 for fiscal year 1998;
‘‘(C) $2,167,000,000 for fiscal year 1999;
‘‘(D) $2,367,000,000 for fiscal year 2000;
‘‘(E) $2,567,000,000 for fiscal year 2001;
and
‘‘(F) $2,767,000,000 for fiscal year 2002.
‘‘(4) REDISTRIBUTION.—With respect to any
fiscal year, if the Secretary determines that amounts
under any grant awarded to a State under this sub-
section for such fiscal year will not be used by such
State for carrying out the purpose for which the
grant is made, the Secretary shall make such
amounts available for carrying out such purpose to
1 or more other States which apply for such funds
to the extent the Secretary determines that such
other States will be able to use such additional
amounts for carrying out such purpose. Such avail-
able amounts shall be redistributed to a State pursu-
ant to section 402(i) (as such section was in effect
468
before October 1, 1995) by substituting ‘the number
of children residing in all States applying for such
funds’ for ‘the number of children residing in the
United States in the second preceding fiscal year’.
Any amount made available to a State from an ap-
propriation for a fiscal year in accordance with the
preceding sentence shall, for purposes of this part,
be regarded as part of such State’s payment (as de-
termined under this subsection) for such year.
‘‘(5) INDIAN TRIBES.—The Secretary shall re-
serve not more than 1 percent of the aggregate
amount appropriated to carry out this section in
each fiscal year for payments to Indian tribes and
tribal organizations.
‘‘(b) USE OF FUNDS.—
‘‘(1) IN
GENERAL.—Amounts received by a
State under this section shall only be used to provide
child care assistance.
‘‘(2) USE
FOR
CERTAIN
POPULATIONS.—A
State shall ensure that not less than 70 percent of
the total amount of funds received by the State in
a fiscal year under this section are used to provide
child care assistance to families who are receiving
assistance under a State program under this part,
families who are attempting through work activities