499
‘‘(B) the rape, molestation, prostitution, or
other form of sexual exploitation of children, or
incest with children.
‘‘(8) STATE.—The term ‘State’ means each of
the several States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands,
Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, and the Trust Territory
of the Pacific Islands.
‘‘(9) WITHHOLDING OF MEDICALLY INDICATED
TREATMENT.—The term ‘withholding of medically
indicated treatment’ means the failure to respond to
the infant’s life-threatening conditions by providing
treatment (including appropriate nutrition, hydra-
tion, and medication) which, in the treating physi-
cian’s or physicians’ reasonable medical judgment,
will be most likely to be effective in ameliorating or
correcting all such conditions, except that the term
does not include the failure to provide treatment
(other than appropriate nutrition, hydration, or
medication) to an infant when, in the treating physi-
cian’s or physicians’ reasonable medical judgment—
‘‘(A) the infant is chronically and irrevers-
ibly comatose;
500
‘‘(B) the provision of such treatment
would—
‘‘(i) merely prolong dying;
‘‘(ii) not be effective in ameliorating
or correcting all of the infant’s life-threat-
ening conditions; or
‘‘(iii) otherwise be futile in terms of
the survival of the infant; or
‘‘(C) the provision of such treatment would
be virtually futile in terms of the survival of the
infant and the treatment itself under such cir-
cumstances would be inhumane.
‘‘TITLE I—GENERAL BLOCK
GRANT
‘‘SEC. 101. CHILD AND FAMILY SERVICES BLOCK GRANTS.
‘‘(a) ELIGIBILITY.—The Secretary shall award
grants to eligible States that file a State plan that is ap-
proved under section 102 and that otherwise meet the eli-
gibility requirements for grants under this title.
‘‘(b) AMOUNT OF GRANT.—The amount of a grant
made to each State under subsection (a) for a fiscal year
shall be based on the population of children under the age
of 18 residing in each State that applies for a grant under
this section.
501
‘‘(c) USE
OF AMOUNTS.—Amounts received by a
State under a grant awarded under subsection (a) shall
be used to carry out the purposes described in section 3.
‘‘SEC. 102. ELIGIBLE STATES.
‘‘(a) IN GENERAL.—As used in this title, the term
‘eligible State’ means a State that has submitted to the
Secretary, not later than October 1, 1996, and every 3
years thereafter, a plan which has been signed by the chief
executive officer of the State and that includes the follow-
ing:
‘‘(1) OUTLINE
OF
CHILD
PROTECTION
PRO-
GRAM.—A written document that outlines the activi-
ties the State intends to conduct to achieve the pur-
pose of this title, including the procedures to be used
for—
‘‘(A) receiving and assessing reports of
child abuse or neglect;
‘‘(B) investigating such reports;
‘‘(C) with respect to families in which
abuse or neglect has been confirmed, providing
services or referral for services for families and
children where the State makes a determination
that the child may safely remain with the fam-
ily;
502
‘‘(D) protecting children by removing them
from dangerous settings and ensuring their
placement in a safe environment;
‘‘(E) providing training for individuals
mandated to report suspected cases of child
abuse or neglect;
‘‘(F) protecting children in foster care;
‘‘(G) promoting timely adoptions;
‘‘(H) protecting the rights of families,
using adult relatives as the preferred placement
for children separated from their parents where
such relatives meet the relevant State child pro-
tection standards; and
‘‘(I) providing services to individuals, fami-
lies, or communities, either directly or through
referral, that are aimed at preventing the occur-
rence of child abuse and neglect.
‘‘(2) CERTIFICATION OF STATE LAW REQUIRING
THE REPORTING OF CHILD ABUSE AND NEGLECT.—
A certification that the State has in effect laws that
require public officials and other professionals to re-
port, in good faith, actual or suspected instances of
child abuse or neglect.
‘‘(3) CERTIFICATION
OF
PROCEDURES
FOR
SCREENING, SAFETY ASSESSMENT, AND PROMPT IN-
503
VESTIGATION.—A certification that the State has in
effect procedures for receiving and responding to re-
ports of child abuse or neglect, including the reports
described in paragraph (2), and for the immediate
screening, safety assessment, and prompt investiga-
tion of such reports.
‘‘(4) CERTIFICATION
OF
STATE
PROCEDURES
FOR REMOVAL AND PLACEMENT OF ABUSED OR NE-
GLECTED CHILDREN.—A certification that the State
has in effect procedures for the removal from fami-
lies and placement of abused or neglected children
and of any other child in the same household who
may also be in danger of abuse or neglect.
‘‘(5) CERTIFICATION OF PROVISIONS FOR AP-
POINTMENT
OF
GUARDIAN
AD
LITEM.—A certifi-
cation that the State has in effect laws and proce-
dures requiring the appointment of a guardian ad
litem in every case involving an abused or neglected
child which results in a judicial proceeding.
‘‘(6) CERTIFICATION OF PROVISIONS FOR IMMU-
NITY FROM PROSECUTION.—A certification that the
State has in effect laws requiring immunity from
prosecution under State and local laws and regula-
tions for individuals making good faith reports of
504
suspected or known instances of child abuse or ne-
glect.
‘‘(7) CERTIFICATION OF PROVISIONS AND PRO-
CEDURES
FOR
EXPUNGEMENT
OF
CERTAIN
RECORDS.—A certification that the State has in ef-
fect laws and procedures requiring the facilitation of
the prompt expungement of any records that are ac-
cessible to the general public or are used for pur-
poses of employment or other background checks in
cases determined to be unsubstantiated or false.
‘‘(8) CERTIFICATION
OF
STATE
PROCEDURES
FOR DEVELOPING AND REVIEWING WRITTEN PLANS
FOR PERMANENT PLACEMENT OF REMOVED CHIL-
DREN.—A certification that the State has in effect
procedures for ensuring that a written plan is pre-
pared for children who have been removed from their
families. Such plan shall specify the goals for achiev-
ing a permanent placement for the child in a timely
fashion, for ensuring that the written plan is re-
viewed every 6 months (until such placement is
achieved), and for ensuring that information about
such children is collected regularly and recorded in
case records, and include a description of such pro-
cedures.
505
‘‘(9) CERTIFICATION OF STATE PROGRAM TO
PROVIDE INDEPENDENT LIVING SERVICES.—A cer-
tification that the State has in effect a program to
provide independent living services, for assistance in
making the transition to self-sufficient adulthood, to
individuals in the child protection program of the
State who are 16, but who are not 20 (or, at the op-
tion of the State, 22), years of age, and who do not
have a family to which to be returned.
‘‘(10) CERTIFICATION OF STATE PROCEDURES
TO RESPOND TO REPORTING OF MEDICAL NEGLECT
OF
DISABLED
INFANTS.—A certification that the
State has in place for the purpose of responding to
the reporting of medical neglect of infants (including
instances of withholding of medically indicated treat-
ment from disabled infants with life-threatening con-
ditions), 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-
506
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 to pursue any
legal remedies, including the authority to initi-
ate legal proceedings in a court of competent
jurisdiction, as may be necessary to prevent the
withholding of medically indicated treatment
from disabled infants with life-threatening con-
ditions.
‘‘(11) IDENTIFICATION OF CHILD PROTECTION
GOALS.—The quantitative goals of the State child
protection program.
‘‘(12) CERTIFICATION OF CHILD PROTECTION
STANDARDS.—With respect to fiscal years beginning
on or after April 1, 1996, a certification that the
State—
‘‘(A) has completed an inventory of all
children who, before the inventory, had been in
foster care under the responsibility of the State
for 6 months or more, which determined—
‘‘(i) the appropriateness of, and neces-
sity for, the foster care placement;
507
‘‘(ii) whether the child could or should
be returned to the parents of the child or
should be freed for adoption or other per-
manent placement; and
‘‘(iii) the services necessary to facili-
tate the return of the child or the place-
ment of the child for adoption or legal
guardianship;
‘‘(B) is operating, to the satisfaction of the
Secretary—
‘‘(i) a statewide information system
from which can be readily determined the
status, demographic characteristics, loca-
tion, and goals for the placement of every
child who is (or, within the immediately
preceding 12 months, has been) in foster
care;
‘‘(ii) a case review system for each
child receiving foster care under the super-
vision of the State;
‘‘(iii) a service program designed to
help children—
‘‘(I) where appropriate, return to
families from which they have been
removed; or
508
‘‘(II) be placed for adoption, with
a legal guardian, or if adoption or
legal guardianship is determined not
to be appropriate for a child, in some
other planned, permanent living ar-
rangement; and
‘‘(iv) a preplacement preventive serv-
ices program designed to help children at
risk for foster care placement remain with
their families; and
‘‘(C)(i) has reviewed (or not later than Oc-
tober 1, 1997, will review) State policies and
administrative and judicial procedures in effect
for children abandoned at or shortly after birth
(including policies and procedures providing for
legal representation of such children); and
‘‘(ii) is implementing (or not later than Oc-
tober 1, 1997, will implement) such policies and
procedures as the State determines, on the
basis of the review described in clause (i), to be
necessary to enable permanent decisions to be
made expeditiously with respect to the place-
ment of such children.
‘‘(13) CERTIFICATION
OF
REASONABLE
EF-
FORTS BEFORE PLACEMENT OF CHILDREN IN FOS-
509
TER CARE.—A certification that the State in each
case will—
‘‘(A) make reasonable efforts prior to the
placement of a child in foster care, to prevent
or eliminate the need for removal of the child
from the child’s home, and to make it possible
for the child to return home; and
‘‘(B) with respect to families in which
abuse or neglect has been confirmed, provide
services or referral for services for families and
children where the State makes a determination
that the child may safely remain with the fam-
ily.
‘‘(14) CERTIFICATION
OF
CONFIDENTIALITY
AND
REQUIREMENTS
FOR
INFORMATION
DISCLO-
SURE.—
‘‘(A) IN
GENERAL.—A certification that
the State has in effect and operational—
‘‘(i) requirements ensuring that re-
ports and records made and maintained
pursuant to the purposes of this part shall
only be made available to—
‘‘(I) individuals who are the sub-
ject of the report;
510
‘‘(II) Federal, State, or local gov-
ernment entities, or any agent of such
entities, having a need for such infor-
mation in order to carry out their re-
sponsibilities under law to protect
children from abuse and neglect;
‘‘(III) child abuse citizen review
panels;
‘‘(IV) child fatality review panels;
‘‘(V) a grand jury or court, upon
a finding that information in the
record is necessary for the determina-
tion of an issue before the court or
grand jury; and
‘‘(VI) other entities or classes of
individuals statutorily authorized by
the State to receive such information
pursuant to a legitimate State pur-
pose; and
‘‘(ii) provisions that allow for public
disclosure of the findings or information
about cases of child abuse or neglect that
have resulted in a child fatality or near fa-
tality.
511
‘‘(B) LIMITATION.—Disclosures made pur-
suant to clause (i) or (ii) shall not include the
identifying information concerning the individ-
ual initiating a report or complaint alleging sus-
pected instances of child abuse or neglect.
‘‘(C) DEFINITION.—For purposes of this
paragraph, the term ‘near fatality’ means an
act that, as certified by a physician, places the
child in serious or critical condition.
‘‘(b) DETERMINATIONS.—The Secretary shall deter-
mine whether a plan submitted pursuant to subsection (a)
contains the material required by subsection (a). The Sec-
retary may not require a State to include in such a plan
any material not described in subsection (a).
‘‘SEC. 103. DATA COLLECTION AND REPORTING.
‘‘(a) NATIONAL CHILD ABUSE AND NEGLECT DATA
SYSTEM.—The Secretary shall establish a national data
collection and analysis program—
‘‘(1) which, to the extent practicable, coordi-
nates existing State child abuse and neglect reports
and which shall include—
‘‘(A) standardized data on substantiated,
as well as false, unfounded, or unsubstantiated
reports; and
512
‘‘(B) information on the number of deaths
due to child abuse and neglect; and
‘‘(2) which shall collect, compile, analyze, and
make available State child abuse and neglect report-
ing information which, to the extent practical, is uni-
versal and case-specific and integrated with other
case-based foster care and adoption data collected by
the Secretary.
‘‘(b) ADOPTION AND FOSTER CARE AND ANALYSIS
AND REPORTING SYSTEMS.—The Secretary shall imple-
ment a system for the collection of data relating to adop-
tion and foster care in the United States. Such data collec-
tion system shall—
‘‘(1) avoid unnecessary diversion of resources
from agencies responsible for adoption and foster
care;
‘‘(2) assure that any data that is collected is re-
liable and consistent over time and among jurisdic-
tions through the use of uniform definitions and
methodologies;
‘‘(3) provide comprehensive national informa-
tion with respect to—
‘‘(A) the demographic characteristics of
adoptive and foster children and their biological
and adoptive or foster parents;
513
‘‘(B) the status of the foster care popu-
lation (including the number of children in fos-
ter care, length of placement, type of place-
ment, availability for adoption, and goals for
ending or continuing foster care);
‘‘(C) the number and characteristics of—
‘‘(i) children placed in or removed
from foster care;
‘‘(ii) children adopted or with respect
to whom adoptions have been terminated;
and
‘‘(iii) children placed in foster care
outside the State which has placement and
care responsibility; and
‘‘(D) the extent and nature of assistance
provided by Federal, State, and local adoption
and foster care programs and the characteris-
tics of the children with respect to whom such
assistance is provided; and
‘‘(4) utilize appropriate requirements and incen-
tives to ensure that the system functions reliably
throughout the United States.
‘‘(c) ADDITIONAL
INFORMATION.—The Secretary
may require the provision of additional information under
the data collection system established under subsection (b)
514
if the addition of such information is agreed to by a major-
ity of the States.
‘‘(d) ANNUAL REPORT BY THE SECRETARY.—Within
6 months after the end of each fiscal year, the Secretary
shall prepare a report based on information provided by
the States for the fiscal year pursuant to this section, and
shall make the report and such information available to
the Congress and the public.
‘‘TITLE 
II—RESEARCH, 
DEM-
ONSTRATIONS, 
TRAINING,
AND TECHNICAL ASSISTANCE
‘‘SEC. 201. RESEARCH GRANTS.
‘‘(a) IN GENERAL.—The Secretary, in consultation
with appropriate Federal officials and recognized experts
in the field, shall award grants or contracts for the con-
duct of research in accordance with subsection (b).
‘‘(b) RESEARCH.—Research projects to be conducted
using amounts received under this section—
‘‘(1) shall be designed to provide information to
better protect children from abuse or neglect and to
improve the well-being of abused or neglected chil-
dren, with at least a portion of any such research
conducted under a project being field initiated;
‘‘(2) shall at a minimum, focus on—
515
‘‘(A) the nature and scope of child abuse
and neglect;
‘‘(B) the causes, prevention, assessment,
identification, treatment, cultural and socio-
economic distinctions, and the consequences of
child abuse and neglect;
‘‘(C) appropriate, effective and culturally
sensitive investigative, administrative, and judi-
cial procedures with respect to cases of child
abuse; and
‘‘(D) the national incidence of child abuse
and neglect, including—
‘‘(i) the extent to which incidents of
child abuse are increasing or decreasing in
number and severity;
‘‘(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
516
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-
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;
‘‘(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-
517
tween this venue and the child protective
services system; and
‘‘(x) the cases of children reunited
with their families or receiving family pres-
ervation services that result in subsequent
substantiated reports of child abuse and
neglect, including the death of the child;
and
‘‘(3) may include the appointment of an advi-
sory board to—
‘‘(A) provide recommendations on coordi-
nating Federal, State, and local child abuse and
neglect activities at the State level with similar
activities at the State and local level pertaining
to family violence prevention;
‘‘(B) consider specific modifications needed
in State laws and programs to reduce the num-
ber of unfounded or unsubstantiated reports of
child abuse or neglect while enhancing the abil-
ity to identify and substantiate legitimate cases
of abuse or neglect which place a child in dan-
ger; and
‘‘(C) provide recommendations for modi-
fications needed to facilitate coordinated na-
518
tional and Statewide data collection with re-
spect to child protection and child welfare.
‘‘SEC. 202. NATIONAL CLEARINGHOUSE FOR INFORMATION
RELATING TO CHILD ABUSE.
‘‘(a) 
ESTABLISHMENT.—The 
Secretary 
shall,
through the Department of Health and Human Services,
or by one or more contracts of not less than 3 years dura-
tion provided through a competition, establish a national
clearinghouse for information relating to child abuse.
‘‘(b) FUNCTIONS.—The Secretary shall, through the
clearinghouse established by subsection (a)—
‘‘(1) maintain, coordinate, and disseminate in-
formation on all programs, including private pro-
grams, that show promise of success with respect to
the prevention, assessment, identification, and treat-
ment of child abuse and neglect;
‘‘(2) maintain and disseminate information re-
lating to—
‘‘(A) the incidence of cases of child abuse
and neglect in the United States;
‘‘(B) the incidence of such cases in popu-
lations determined by the Secretary under sec-
tion 105(a)(1) of the Child Abuse Prevention,
Adoption, and Family Services Act of 1988 (as
519
such section was in effect on the day before the
date of enactment of this Act); and
‘‘(C) the incidence of any such cases relat-
ed to alcohol or drug abuse;
‘‘(3) disseminate information related to data
collected and reported by States pursuant to section
103;
‘‘(4) compile, analyze, and publish a summary
of the research conducted under section 201; and
‘‘(5) solicit public comment on the components
of such clearinghouse.
‘‘SEC. 203. GRANTS FOR DEMONSTRATION PROJECTS.
‘‘(a) AWARDING OF GENERAL GRANTS.—The Sec-
retary may make grants to, and enter into contracts with,
public and nonprofit private agencies or organizations (or
combinations of such agencies or organizations) for the
purpose of developing, implementing, and operating time
limited, demonstration programs and projects for the fol-
lowing purposes:
‘‘(1) INNOVATIVE PROGRAMS AND PROJECTS.—
The Secretary may award grants to public agencies
that demonstrate innovation in responding to reports
of child abuse and neglect including programs of col-
laborative partnerships between the State child pro-
tective service agency, community social service
520
agencies and family support programs, schools,
churches and synagogues, and other community
agencies to allow for the establishment of a triage
system that—
‘‘(A) accepts, screens and assesses reports
received to determine which such reports re-
quire an intensive intervention and which re-
quire voluntary referral to another agency, pro-
gram or project;
‘‘(B) provides, either directly or through
referral, a variety of community-linked services
to assist families in preventing child abuse and
neglect; and
‘‘(C) provides further investigation and in-
tensive intervention where the child’s safety is
in jeopardy.
‘‘(2) 
KINSHIP
CARE
PROGRAMS
AND
PROJECTS.—The Secretary may award grants to
public entities to assist such entities in developing or
implementing procedures using adult relatives as the
preferred placement for children removed from their
home, where such relatives are determined to be ca-
pable of providing a safe nurturing environment for
the child and where, to the maximum extent prac-
521
ticable, such relatives comply with relevant State
child protection standards.
‘‘(3) ADOPTION
OPPORTUNITIES.—The Sec-
retary may award grants to public entities to assist
such entities in developing or implementing pro-
grams to expand opportunities for the adoption of
children with special needs.
‘‘(4) FAMILY RESOURCE CENTERS.—The Sec-
retary may award grants to public or nonprofit pri-
vate entities to provide for the establishment of fam-
ily resource programs and support services that—
‘‘(A) develop, expand, and enhance state-
wide networks of community-based, prevention-
focused centers, programs, or services that pro-
vide comprehensive support for families;
‘‘(B) promote the development of parental
competencies and capacities in order to increase
family stability;
‘‘(C) support the additional needs of fami-
lies with children with disabilities;
‘‘(D) foster the development of a contin-
uum of preventive services for children and
families through State and community-based
collaborations and partnerships (both public
and private); and
522
‘‘(E) maximize funding for the financing,
planning, community mobilization, collabora-
tion, assessment, information and referral,
startup, training and technical assistance, infor-
mation management, reporting, and evaluation
costs for establishing, operating, or expanding a
statewide network of community-based, preven-
tion-focused family resource and support serv-
ices.
‘‘(5) OTHER
INNOVATIVE
PROGRAMS.—The
Secretary may award grants to public or private
nonprofit organizations to assist such entities in de-
veloping or implementing innovative programs and
projects that show promise of preventing and treat-
ing cases of child abuse and neglect (such as Par-
ents Anonymous).
‘‘(b) GRANTS
FOR
ABANDONED
INFANT
PRO-
GRAMS.—The Secretary may award grants to public and
nonprofit private entities to assist such entities in develop-
ing or implementing procedures—
‘‘(1) to prevent the abandonment of infants and
young children, including the provision of services to
members of the natural family for any condition that
increases the probability of abandonment of an in-
fant or young child;
523
‘‘(2) to identify and address the needs of aban-
doned infants and young children;
‘‘(3) to assist abandoned infants and young
children to reside with their natural families or in
foster care, as appropriate;
‘‘(4) to recruit, train, and retain foster families
for abandoned infants and young children;
‘‘(5) to carry out residential care programs for
abandoned infants and young children who are un-
able to reside with their families or to be placed in
foster care;
‘‘(6) to carry out programs of respite care for
families and foster families of infants and young
children; and
‘‘(7) to recruit and train health and social serv-
ices personnel to work with families, foster care fam-
ilies, and residential care programs for abandoned
infants and young children.
‘‘(c) EVALUATION.—In making grants for demonstra-
tion projects under this section, the Secretary shall require
all such projects to be evaluated for their effectiveness.
Funding for such evaluations shall be provided either as
a stated percentage of a demonstration grant or as a sepa-
rate grant entered into by the Secretary for the purpose
524
of evaluating a particular demonstration project or group
of projects.
‘‘SEC. 204. TECHNICAL ASSISTANCE.
‘‘(a) CHILD ABUSE AND NEGLECT.—
‘‘(1) IN GENERAL.—The Secretary shall provide
technical assistance under this title to States to as-
sist such States in planning, improving, developing,
and carrying out programs and activities relating to
the prevention, assessment identification, and treat-
ment of child abuse and neglect.
‘‘(2) EVALUATION.—Technical assistance pro-
vided under paragraph (1) may include an evalua-
tion 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 this Act.
‘‘(b) ADOPTION
OPPORTUNITIES.—The Secretary
shall provide, directly or by grant to or contract with pub-
lic or private nonprofit agencies or organizations—
‘‘(1) technical assistance and resource and re-
ferral information to assist State or local govern-
525
ments with termination of parental rights issues, in
recruiting and retaining adoptive families, in the
successful placement of children with special needs,
and in the provision of pre- and post-placement serv-
ices, including post-legal adoption services; and
‘‘(2) other assistance to help State and local
governments replicate successful adoption-related
projects from other areas in the United States.
‘‘SEC. 205. TRAINING RESOURCES.
‘‘(a) TRAINING
PROGRAMS.—The Secretary may
award grants to public or private nonprofit organiza-
tions—
‘‘(1) for the training of professional and para-
professional personnel in the fields of medicine, law,
education, law enforcement, social work, and other
relevant fields who are engaged in, or intend to work
in, the field of prevention, identification, and treat-
ment of child abuse and neglect, including the links
between domestic violence and child abuse;
‘‘(2) to provide culturally specific instruction in
methods of protecting children from child abuse and
neglect to children and to persons responsible for the
welfare of children, including parents of and persons
who work with children with disabilities; and
526
‘‘(3) to improve the recruitment, selection, and
training of volunteers serving in private and public
nonprofit children, youth and family service organi-
zations in order to prevent child abuse and neglect
through collaborative analysis of current recruit-
ment, selection, and training programs and develop-
ment of model programs for dissemination and rep-
lication nationally.
‘‘(b) DISSEMINATION OF INFORMATION.—The Sec-
retary may provide for and disseminate information relat-
ing to various training resources available at the State and
local level to—
‘‘(1) individuals who are engaged, or who intend
to engage, in the prevention, identification, assess-
ment, and treatment of child abuse and neglect; and
‘‘(2) appropriate State and local officials, in-
cluding prosecutors, to assist in training law en-
forcement, legal, judicial, medical, mental health,
education, and child welfare personnel in appropriate
methods of interacting during investigative, adminis-
trative, and judicial proceedings with children who
have been subjected to abuse.
527
‘‘SEC. 206. APPLICATIONS AND AMOUNTS OF GRANTS.
‘‘(a) REQUIREMENT
OF APPLICATION.—The Sec-
retary may not make a grant to a State or other entity
under this title unless—
‘‘(1) an application for the grant is submitted
to the Secretary;
‘‘(2) with respect to carrying out the purpose
for which the grant is to be made, the application
provides assurances of compliance satisfactory to the
Secretary; and
‘‘(3) the application otherwise is in such form,
is made in such manner, and contains such agree-
ments, assurances, and information as the Secretary
determines to be necessary to carry out this title.
‘‘(b) AMOUNT OF GRANT.—The Secretary shall de-
termine the amount of a grant to be awarded under this
title.
‘‘SEC. 207. PEER REVIEW FOR GRANTS.
‘‘(a) ESTABLISHMENT OF PEER REVIEW PROCESS.—
‘‘(1) IN GENERAL.—The Secretary shall, in con-
sultation with experts in the field and other Federal
agencies, establish a formal, rigorous, and meritori-
ous peer review process for purposes of evaluating
and reviewing applications for grants under this title
and determining the relative merits of the projects
for which such assistance is requested. The purpose
528
of this process is to enhance the quality and useful-
ness of research in the field of child abuse and ne-
glect.
‘‘(2) REQUIREMENTS FOR MEMBERS.—In estab-
lishing the process required by paragraph (1), the
Secretary shall appoint to the peer review panels
only members who are experts in the field of child
abuse and neglect or related disciplines, with appro-
priate expertise in the application to be reviewed,
and who are not individuals who are officers or em-
ployees of the Administration for Children and Fam-
ilies. The panels shall meet as often as is necessary
to facilitate the expeditious review of applications for
grants and contracts under this title, but may not
meet less than once a year. The Secretary shall en-
sure that the peer review panel utilizes scientifically
valid review criteria and scoring guidelines for re-
view committees.
‘‘(b) REVIEW OF APPLICATIONS FOR ASSISTANCE.—
Each peer review panel established under subsection
(a)(1) that reviews any application for a grant shall—
‘‘(1) determine and evaluate the merit of each
project described in such application;
‘‘(2) rank such application with respect to all
other applications it reviews in the same priority
529
area for the fiscal year involved, according to the rel-
ative merit of all of the projects that are described
in such application and for which financial assist-
ance is requested; and
‘‘(3) make recommendations to the Secretary
concerning whether the application for the project
shall be approved.
The Secretary shall award grants under this title on the
basis of competitive review.
‘‘(c) NOTICE OF APPROVAL.—
‘‘(1) IN GENERAL.—The Secretary shall provide
grants under this title from among the projects
which the peer review panels established under sub-
section (a)(1) have determined to have merit.
‘‘(2) REQUIREMENT OF EXPLANATION.—In the
instance in which the Secretary approves an applica-
tion for a program under this title without having
approved all applications ranked above such applica-
tion, the Secretary shall append to the approved ap-
plication a detailed explanation of the reasons relied
on for approving the application and for failing to
approve each pending application that is superior in
merit.
530
‘‘SEC. 208. NATIONAL RANDOM SAMPLE STUDY OF CHILD
WELFARE.
‘‘(a) IN GENERAL.—The Secretary shall conduct a
national study based on random samples of children who
are at risk of child abuse or neglect, or are determined
by States to have been abused or neglected, and such other
research as may be necessary.
‘‘(b) REQUIREMENTS.—The study required by sub-
section (a) shall—
‘‘(1) have a longitudinal component; and
‘‘(2) yield data reliable at the State level for as
many States as the Secretary determines is feasible.
‘‘(c) PREFERRED CONTENTS.—In conducting the
study required by subsection (a), the Secretary should—
‘‘(1) collect data on the child protection pro-
grams of different small States (or different groups
of such States) in different years to yield an occa-
sional picture of the child protection programs of
such States;
‘‘(2) carefully consider selecting the sample
from cases of confirmed abuse or neglect; and
‘‘(3) follow each case for several years while ob-
taining information on, among other things—
‘‘(A) the type of abuse or neglect involved;
‘‘(B) the frequency of contact with State
or local agencies;
531
‘‘(C) whether the child involved has been
separated from the family, and, if so, under
what circumstances;
‘‘(D) the number, type, and characteristics
of out-of-home placements of the child; and
‘‘(E) the average duration of each place-
ment.
‘‘(d) REPORTS.—
‘‘(1) IN
GENERAL.—From time to time, the
Secretary shall prepare reports summarizing the re-
sults of the study required by subsection (a).
‘‘(2) AVAILABILITY.—The Secretary shall make
available to the public any report prepared under
paragraph (1), in writing or in the form of an elec-
tronic data tape.
‘‘(3) AUTHORITY TO CHARGE FEE.—The Sec-
retary may charge and collect a fee for the furnish-
ing of reports under paragraph (2).
‘‘(4) FUNDING.—The Secretary shall carry out
this section using amounts made available under sec-
tion 425 of the Social Security Act.
532
‘‘TITLE III—GENERAL
PROVISIONS
‘‘SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) TITLE I.—There are authorized to be appro-
priated to carry out title I, $230,000,000 for fiscal year
1996, and such sums as may be necessary for each of the
fiscal years 1997 through 2002.
‘‘(b) TITLE II.—
‘‘(1) IN
GENERAL.—Of the amount appro-
priated under subsection (a) for a fiscal year, the
Secretary shall make available 12 percent of such
amount to carry out title II (except for sections 203
and 208).
‘‘(2) 
GRANTS
FOR
DEMONSTRATION
PROJECTS.—Of the amount made available under
paragraph (1) for a fiscal year, the Secretary shall
make available not less than 40 percent of such
amount to carry out section 203.
‘‘(c) INDIAN TRIBES.—Of the amount appropriated
under subsection (a) for a fiscal year, the Secretary shall
make available 1 percent of such amount to provide grants
and contracts to Indian tribes and Tribal Organizations.
‘‘(d) AVAILABILITY OF APPROPRIATIONS.—Amounts
appropriated under subsection (a) shall remain available
until expended.
533
‘‘SEC. 302. GRANTS TO STATES FOR PROGRAMS RELATING
TO THE INVESTIGATION AND PROSECUTION
OF CHILD ABUSE AND NEGLECT CASES.
‘‘(a) GRANTS TO STATES.—The Secretary, in con-
sultation with the Attorney General, is authorized to make
grants to the States for the purpose of assisting States
in developing, establishing, and operating programs de-
signed to improve—
‘‘(1) the handling of child abuse and neglect
cases, particularly cases of child sexual abuse and
exploitation, in a manner which limits additional
trauma to the child victim;
‘‘(2) the handling of cases of suspected child
abuse or neglect related fatalities; and
‘‘(3) the investigation and prosecution of cases
of child abuse and neglect, particularly child sexual
abuse and exploitation.
‘‘(b) ELIGIBILITY REQUIREMENTS.—In order for a
State to qualify for assistance under this section, such
State shall—
‘‘(1) be an eligible State under section 102;
‘‘(2) establish a task force as provided in sub-
section (c);
‘‘(3) fulfill the requirements of subsection (d);
‘‘(4) submit annually an application to the Sec-
retary at such time and containing such information
534
and assurances as the Secretary considers necessary,
including an assurance that the State will—
‘‘(A) make such reports to the Secretary as
may reasonably be required; and
‘‘(B) maintain and provide access to
records relating to activities under subsection
(a); and
‘‘(5) submit annually to the Secretary a report
on the manner in which assistance received under
this program was expended throughout the State,
with particular attention focused on the areas de-
scribed in paragraphs (1) through (3) of subsection
(a).
‘‘(c) STATE TASK FORCES.—
‘‘(1) GENERAL RULE.—Except as provided in
paragraph (2), a State requesting assistance under
this section shall establish or designate, and main-
tain, a State multidisciplinary task force on chil-
dren’s justice (hereafter in this section referred to as
‘State task force’) composed of professionals with
knowledge and experience relating to the criminal
justice system and issues of child physical abuse,
child neglect, child sexual abuse and exploitation,
and child maltreatment related fatalities. The State
task force shall include—
535
‘‘(A) individuals representing the law en-
forcement community;
‘‘(B) judges and attorneys involved in both
civil and criminal court proceedings related to
child abuse and neglect (including individuals
involved with the defense as well as the prosecu-
tion of such cases);
‘‘(C) child advocates, including both attor-
neys for children and, where such programs are
in operation, court appointed special advocates;
‘‘(D) health and mental health profes-
sionals;
‘‘(E) individuals representing child protec-
tive service agencies;
‘‘(F) individuals experienced in working
with children with disabilities;
‘‘(G) parents; and
‘‘(H) representatives of parents’ groups.
‘‘(2) EXISTING
TASK
FORCE.—As determined
by the Secretary, a State commission or task force
established after January 1, 1983, with substantially
comparable membership and functions, may be con-
sidered the State task force for purposes of this sub-
section.
536
‘‘(d) STATE TASK FORCE STUDY.—Before a State
receives assistance under this section, and at 3-year inter-
vals thereafter, the State task force shall comprehen-
sively—
‘‘(1) review and evaluate State investigative, ad-
ministrative and both civil and criminal judicial han-
dling of cases of child abuse and neglect, particularly
child sexual abuse and exploitation, as well as cases
involving suspected child maltreatment related fatali-
ties and cases involving a potential combination of
jurisdictions, such as interstate, Federal-State, and
State-Tribal; and
‘‘(2) make policy and training recommendations
in each of the categories described in subsection (e).
The task force may make such other comments and rec-
ommendations as are considered relevant and useful.
‘‘(e) ADOPTION
OF
STATE
TASK
FORCE
REC-
OMMENDATIONS.—
‘‘(1) GENERAL
RULE.—Subject to the provi-
sions of paragraph (2), before a State receives as-
sistance under this section, a State shall adopt rec-
ommendations of the State task force in each of the
following categories—
‘‘(A) investigative, administrative, and ju-
dicial handling of cases of child abuse and ne-
537
glect, particularly child sexual abuse and exploi-
tation, as well as cases involving suspected child
maltreatment related fatalities and cases involv-
ing a potential combination of jurisdictions,
such as interstate, Federal-State, and State-
Tribal, in a manner which reduces the addi-
tional trauma to the child victim and the vic-
tim’s family and which also ensures procedural
fairness to the accused;
‘‘(B) experimental, model and demonstra-
tion programs for testing innovative approaches
and techniques which may improve the prompt
and successful resolution of civil and criminal
court proceedings or enhance the effectiveness
of judicial and administrative action in child
abuse and neglect cases, particularly child sex-
ual abuse and exploitation cases, including the
enhancement of performance of court-appointed
attorneys and guardians ad litem for children;
and
‘‘(C) reform of State laws, ordinances, reg-
ulations, protocols and procedures to provide
comprehensive protection for children from
abuse, particularly child sexual abuse and ex-
538
ploitation, while ensuring fairness to all affected
persons.
‘‘(2) EXEMPTION.—As determined by the Sec-
retary, a State shall be considered to be in fulfill-
ment of the requirements of this subsection if—
‘‘(A) the State adopts an alternative to the
recommendations of the State task force, which
carries out the purpose of this section, in each
of the categories under paragraph (1) for which
the State task force’s recommendations are not
adopted; or
‘‘(B) the State is making substantial
progress toward adopting recommendations of
the State task force or a comparable alternative
to such recommendations.
‘‘(f) FUNDS AVAILABLE.—For grants under this sec-
tion, the Secretary shall use the amount authorized by sec-
tion 1404A of the Victims of Crime Act of 1984.
‘‘SEC. 303. TRANSITIONAL PROVISION.
‘‘A State or other entity that has a grant, contract,
or cooperative agreement in effect, on the date of enact-
ment of this Act, under the Family Resource and Support
Program, the Community-Based Family Resource Pro-
gram, the Family Support Center Program, the Emer-
gency Child Abuse Prevention Grant Program, the Aban-
539
doned Infants Assistance Act of 1988, or the Temporary
Child Care for Children with Disabilities and Crisis Nurs-
eries Programs shall continue to receive funds under such
grant, contract, or cooperative agreement, subject to the
original terms under which such funds were provided,
through the end of the applicable grant, contract, or
agreement cycle.
‘‘SEC. 304. RULE OF CONSTRUCTION.
‘‘(a) IN GENERAL.—Nothing in this Act, or in part
B or E of title IV of the Social Security Act, shall be con-
strued—
‘‘(1) as establishing a Federal requirement that
a parent or legal guardian provide a child any medi-
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 have in place authority under
State law to permit the child protective service system of
the State to pursue any legal remedies, including the au-
540
thority 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 treatment from children
with life threatening conditions. Except with respect to the
withholding of medically indicated treatments from dis-
abled infants with life threatening conditions, case by case
determinations concerning the exercise of the authority of
this subsection shall be within the sole discretion of the
State.’’.
SEC. 3202. REAUTHORIZATIONS.
(a) 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.—To’’
(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
541
the effectiveness of the programs and activities established
and operated under this title.’’.
(b) VICTIMS OF CHILD ABUSE ACT OF 1990.—Sec-
tion 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’’.
SEC. 3203. REPEALS.
(a) IN GENERAL.—The following provisions of law
are repealed:
(1) Title II of the Child Abuse Prevention and
Treatment and Adoption Reform Act of 1978 (42
U.S.C. 5111 et seq.).
(2) The Abandoned Infants Assistance Act of
1988 (42 U.S.C. 670 note).
(3) The Temporary Child Care for Children
with Disabilities and Crisis Nurseries Act of 1986
(42 U.S.C. 5117 et seq.).
(4) Subtitle F of title VII of the Stewart B.
McKinney Homeless Assistance Act (42 U.S.C.
11481 et seq.).
(b) CONFORMING AMENDMENTS.—
542
(1) RECOMMENDED LEGISLATION.—After con-
sultation with the appropriate committees of the
Congress and the Director of the Office of Manage-
ment and Budget, the Secretary of Health and
Human Services shall prepare and submit to the
Congress a legislative proposal in the form of an im-
plementing bill containing technical and conforming
amendments to reflect the repeals made by this sec-
tion.
(2) SUBMISSION TO CONGRESS.—Not later than
6 months after the date of enactment of this chap-
ter, the Secretary of Health and Human Services
shall submit the implementing bill referred to under
paragraph (1).
Subtitle C—Child Care
SEC. 3301. SHORT TITLE AND REFERENCES.
(a) SHORT TITLE.—This subtitle may be cited as the
‘‘Child Care and Development Block Grant Amendments
of 1996’’.
(b) REFERENCES.—Except as otherwise expressly
provided, whenever in this subtitle an amendment or re-
peal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be con-
sidered to be made to a section or other provision of the
543
Child Care and Development Block Grant Act of 1990 (42
U.S.C. 9858 et seq.).
SEC. 3302. 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;
‘‘(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
544
‘‘(5) to assist States in implementing the
health, safety, licensing, and registration standards
established in State regulations.’’.
SEC. 3303. 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 (42 U.S.C. 601–617) is amended
by adding at the end the following new section:
‘‘SEC. 418. 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—
‘‘(A) the sum of the total amount required
to be paid to the State under section 403 for
fiscal year 1994 or 1995 (whichever is greater)
545
with respect to amounts expended for child care
under section—
‘‘(i) 402(g) of this Act (as such sec-
tion was in effect before October 1, 1995);
and
‘‘(ii) 402(i) of this Act (as so in ef-
fect); or
‘‘(B) 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);
whichever is greater.
‘‘(2) REMAINDER.—
‘‘(A) GRANTS.—The Secretary shall use
any amounts appropriated for a fiscal year
under paragraph (3), and remaining after the
reservation described in paragraph (4) 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
546
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 paragraph (1)(A) for such
year and the amount of State expenditures in
fiscal year 1994 or 1995 (whichever is greater)
that equal the non-Federal share for the pro-
grams described in subparagraph (A) of para-
graph (1).
‘‘(D) REDISTRIBUTION.—
‘‘(i) IN
GENERAL.—With respect to
any fiscal year, if the Secretary determines
(in accordance with clause (ii)) that
amounts under any grant awarded to a
State under this paragraph for such fiscal
year will not be used by such State during
such fiscal year for carrying out the pur-
pose for which the grant is made, the Sec-
547
retary shall make such amounts available
in the subsequent fiscal year for carrying
out such purpose to 1 or more States
which apply for such funds to the extent
the Secretary determines that such States
will be able to use such additional amounts
for carrying out such purpose. Such avail-
able amounts shall be redistributed to a
State pursuant to section 402(i) (as such
section was in effect before October 1,
1995) by substituting ‘the number of chil-
dren residing in all States applying for
such funds’ for ‘the number of children re-
siding in the United States in the second
preceding fiscal year’.
‘‘(ii) TIME OF DETERMINATION AND
DISTRIBUTION.—The determination of the
Secretary under clause (i) for a fiscal year
shall be made not later than the end of the
first quarter of the subsequent fiscal year.
The redistribution of amounts under clause
(i) shall be made as close as practicable to
the date on which such determination is
made. Any amount made available to a
State from an appropriation for a fiscal
548
year in accordance with this subparagraph
shall, for purposes of this part, be re-
garded as part of such State’s payment (as
determined under this subsection) for the
fiscal year in which the redistribution is
made.
‘‘(3) APPROPRIATION.—For grants under this
section, there are appropriated—
‘‘(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) $2,717,000,000 for fiscal year 2002.
‘‘(4) 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. Amounts received by a State
under a grant under subsection (a)(1) shall be avail-
549
able for use by the State without fiscal year limita-
tion.
‘‘(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
to transition off of such assistance program, and
families who are at risk of becoming dependent on
such assistance program.
‘‘(c) APPLICATION OF CHILD CARE AND DEVELOP-
MENT BLOCK GRANT ACT of 1990.—Notwithstanding any
other provision of law, amounts provided to a State under
this section shall be transferred to the lead agency under
the Child Care and Development Block Grant Act of 1990,
integrated by the State into the programs established by
the State under such Act, and be subject to requirements
and limitations of such Act.
‘‘(d) DEFINITION.—As used in this section, the term
‘State’ means each of the 50 States or the District of Co-
lumbia.’’.
SEC. 3304. LEAD AGENCY.
Section 658D(b) (42 U.S.C. 9858b(b)) is amended—
550
(1) in paragraph (1)—
(A) in subparagraph (A), by striking
‘‘State’’ the first place that such appears and
inserting ‘‘governmental or nongovernmental’’;
and
(B) in subparagraph (C), by inserting
‘‘with sufficient time and Statewide distribution
of the notice of such hearing,’’ after ‘‘hearing in
the State’’; and
(2) in paragraph (2), by striking the second
sentence.
SEC. 3305. APPLICATION AND PLAN.
Section 658E (42 U.S.C. 9858c) is amended—
(1) in subsection (b)—
(A) by striking ‘‘implemented—’’ and all
that follows through ‘‘(2)’’ and inserting ‘‘im-
plemented’’; and
(B) by striking ‘‘for subsequent State
plans’’;
(2) in subsection (c)—
(A) in paragraph (2)—
(i) in subparagraph (A)—
(I) in clause (i) by striking ‘‘,
other than through assistance pro-
vided under paragraph (3)(C),’’; and
551
(II) by striking ‘‘except’’ and all
that follows through ‘‘1992’’, and in-
serting ‘‘and provide a detailed de-
scription of the procedures the State
will implement to carry out the re-
quirements of this subparagraph’’;
(ii) in subparagraph (B)—
(I) by striking ‘‘Provide assur-
ances’’ and inserting ‘‘Certify’’; and
(II) by inserting before the pe-
riod at the end ‘‘and provide a de-
tailed description of such procedures’’;
(iii) in subparagraph (C)—
(I) by striking ‘‘Provide assur-
ances’’ and inserting ‘‘Certify’’; and
(II) by inserting before the pe-
riod at the end ‘‘and provide a de-
tailed description of how such record
is maintained and is made available’’;
(iv) by amending subparagraph (D) to
read as follows:
‘‘(D) CONSUMER
EDUCATION
INFORMA-
TION.—Certify that the State will collect and
disseminate to parents of eligible children and
the general public, consumer education informa-
552
tion that will promote informed child care
choices.’’;
(v) in subparagraph (E), to read as
follows:
‘‘(E) COMPLIANCE WITH STATE LICENSING
REQUIREMENTS.—
‘‘(i) IN
GENERAL.—Certify that the
State has in effect licensing requirements
applicable to child care services provided
within the State, and provide a detailed de-
scription of such requirements and of how
such requirements are effectively enforced.
Nothing in the preceding sentence shall be
construed to require that licensing require-
ments be applied to specific types of pro-
viders of child care services.
‘‘(ii) INDIAN TRIBES AND TRIBAL OR-
GANIZATIONS.—In lieu of any licensing
and regulatory requirements applicable
under State and local law, the Secretary,
in consultation with Indian tribes and trib-
al organizations, shall develop minimum
child care standards (that appropriately re-
flect tribal needs and available resources)
that shall be applicable to Indian tribes
553
and tribal organization receiving assistance
under this subchapter.’’;
(vi) in subparagraph (G) by striking
‘‘Provide assurances’’ and inserting ‘‘Cer-
tify’’; and
(vii) by striking subparagraphs (H),
(I), and (J) and inserting the following:
‘‘(H) MEETING THE NEEDS OF CERTAIN
POPULATIONS.—Demonstrate the manner in
which the State will meet the specific child care
needs of families who are receiving assistance
under a State program under part A of title IV
of the Social Security Act, families who are at-
tempting through work activities to transition
off of such assistance program, and families
that are at risk of becoming dependent on such
assistance program.’’;
(B) in paragraph (3)—
(i) in subparagraph (A), by striking
‘‘(B) and (C)’’ and inserting ‘‘(B) through
(D)’’;
(ii) in subparagraph (B)—
(I) by striking ‘‘.—Subject to the
reservation contained in subparagraph
554
(C), the’’ and inserting ‘‘AND RELAT-
ED ACTIVITIES.—The’’;
(II) in clause (i) by striking ‘‘;
and’’ at the end and inserting a pe-
riod;
(III) by striking ‘‘for—’’ and all
that 
follows 
through 
‘‘section
658E(c)(2)(A)’’ and inserting ‘‘for
child care services on sliding fee scale
basis, activities that improve the qual-
ity or availability of such services, and
any other activity that the State
deems appropriate to realize any of
the goals specified in paragraphs (2)
through (5) of section 658A(b)’’; and
(IV) by striking clause (ii);
(iii) by amending subparagraph (C) to
read as follows:
‘‘(C) LIMITATION
ON
ADMINISTRATIVE
COSTS.—Not more than 5 percent of the aggre-
gate amount of funds available to the State to
carry out this subchapter by a State in each fis-
cal year may be expended for administrative
costs incurred by such State to carry out all of
its functions and duties under this subchapter.
555
As used in the preceding sentence, the term
‘administrative costs’ shall not include the costs
of providing direct services.’’; and
(iv) by adding at the end thereof the
following:
‘‘(D) ASSISTANCE
FOR
CERTAIN
FAMI-
LIES.—A State shall ensure that a substantial
portion of the amounts available (after the
State has complied with the requirement of sec-
tion 418(b)(2) of the Social Security Act with
respect to each of the fiscal years 1997 through
2002) to the State to carry out activities under
this subchapter in each fiscal year is used to
provide assistance to low-income working fami-
lies other than families described in paragraph
(2)(H).’’; and
(C) in paragraph (4)(A)—
(i) by striking ‘‘provide assurances’’
and inserting ‘‘certify’’;
(ii) in the first sentence by inserting
‘‘and shall provide a summary of the facts
relied on by the State to determine that
such rates are sufficient to ensure such ac-
cess’’ before the period; and
(iii) by striking the last sentence.
556
SEC. 3306. LIMITATION ON STATE ALLOTMENTS.
Section 658F(b)(1) (42 U.S.C. 9858d(b)(1)) is
amended by striking ‘‘No’’ and inserting ‘‘Except as pro-
vided for in section 658O(c)(6), no’’.
SEC. 3307. ACTIVITIES TO IMPROVE THE QUALITY OF
CHILD CARE.
Section 658G (42 U.S.C. 9858e) is amended to read
as follows:
‘‘SEC. 658G. ACTIVITIES TO IMPROVE THE QUALITY OF
CHILD CARE.
‘‘A State that receives funds to carry out this sub-
chapter for a fiscal year, shall use not less than 4 percent
of the amount of such funds for activities that are de-
signed to provide comprehensive consumer education to
parents and the public, activities that increase parental
choice, and activities designed to improve the quality and
availability of child care (such as resource and referral
services).’’.
SEC. 3308. REPEAL OF EARLY CHILDHOOD DEVELOPMENT
AND BEFORE- AND AFTER-SCHOOL CARE RE-
QUIREMENT.
Section 658H (42 U.S.C. 9858f) is repealed.
SEC. 3309. ADMINISTRATION AND ENFORCEMENT.
Section 658I(b) (42 U.S.C. 9858g(b)) is amended—
(1) in paragraph (1), by striking ‘‘, and shall
have’’ and all that follows through ‘‘(2)’’; and
557
(2) in the matter following clause (ii) of para-
graph (2)(A), by striking ‘‘finding and that’’ and all
that follows through the period and inserting ‘‘find-
ing and shall require that the State reimburse the
Secretary for any funds that were improperly ex-
pended for purposes prohibited or not authorized by
this subchapter, that the Secretary deduct from the
administrative portion of the State allotment for the
following fiscal year an amount that is less than or
equal to any improperly expended funds, or a com-
bination of such options.’’.
SEC. 3310. PAYMENTS.
Section 658J(c) (42 U.S.C. 9858h(c)) is amended by
striking ‘‘expended’’ and inserting ‘‘obligated’’.
SEC. 3311. ANNUAL REPORT AND AUDITS.
Section 658K (42 U.S.C. 9858i) is amended—
(1) in the section heading by striking ‘‘ANNUAL
REPORT’’ and inserting ‘‘REPORTS’’;
(2) in subsection (a), to read as follows:
‘‘(a) REPORTS.—
‘‘(1) 
COLLECTION
OF
INFORMATION
BY
STATES.—
‘‘(A) IN GENERAL.—A State that receives
funds to carry out this subchapter shall collect
558
the information described in subparagraph (B)
on a monthly basis.
‘‘(B) REQUIRED
INFORMATION.—The in-
formation required under this subparagraph
shall include, with respect to a family unit re-
ceiving assistance under this subchapter infor-
mation concerning—
‘‘(i) family income;
‘‘(ii) county of residence;
‘‘(iii) the gender, race, and age of
children receiving such assistance;
‘‘(iv) whether the family includes only
1 parent;
‘‘(v) the sources of family income, in-
cluding the amount obtained from (and
separately identified)—
‘‘(I) employment, including self-
employment;
‘‘(II) cash or other assistance
under part A of title IV of the Social
Security Act;
‘‘(III) housing assistance;
‘‘(IV) assistance under the Food
Stamp Act of 1977; and
‘‘(V) other assistance programs;
559
‘‘(vi) the number of months the family
has received benefits;
‘‘(vii) the type of child care in which
the child was enrolled (such as family child
care, home care, or center-based child
care);
‘‘(viii) whether the child care provider
involved was a relative;
‘‘(ix) the cost of child care for such
families; and
‘‘(x) the average hours per week of
such care;
during the period for which such information is
required to be submitted.
‘‘(C) 
SUBMISSION
TO
SECRETARY.—A
State described in subparagraph (A) shall, on a
quarterly basis, submit the information required
to be collected under subparagraph (B) to the
Secretary.
‘‘(D) SAMPLING.—The Secretary may dis-
approve the information collected by a State
under this paragraph if the State uses sampling
methods to collect such information.
‘‘(2) BIANNUAL REPORTS.—Not later than De-
cember 31, 1997, and every 6 months thereafter, a
561
(2) in subsection (b)—
(A) in paragraph (1) by striking ‘‘a appli-
cation’’ and inserting ‘‘an application’’;
(B) in paragraph (2) by striking ‘‘any
agency administering activities that receive’’
and inserting ‘‘the State that receives’’; and
(C) in paragraph (4) by striking ‘‘entitles’’
and inserting ‘‘entitled’’.
SEC. 3312. REPORT BY THE SECRETARY.
Section 658L (42 U.S.C. 9858j) is amended—
(1) by striking ‘‘1993’’ and inserting ‘‘1997’’;
(2) by striking ‘‘annually’’ and inserting ‘‘bien-
nially’’; and
(3) by striking ‘‘Education and Labor’’ and in-
serting ‘‘Economic and Educational Opportunities’’.
SEC. 3313. ALLOTMENTS.
Section 658O (42 U.S.C. 9858m) is amended—
(1) in subsection (a)—
(A) in paragraph (1)
(i) by striking ‘‘POSSESSIONS’’ and in-
serting ‘‘POSSESSIONS’’;
(ii) 
by 
inserting 
‘‘and’’ 
after
‘‘States,’’; and
(iii) by striking ‘‘, and the Trust Ter-
ritory of the Pacific Islands’’; and
562
(B) in paragraph (2), by striking ‘‘3 per-
cent’’ and inserting ‘‘1 percent’’;
(2) in subsection (c)—
(A) in paragraph (5) by striking ‘‘our’’ and
inserting ‘‘out’’; and
(B) by adding at the end thereof the fol-
lowing new paragraph:
‘‘(6) CONSTRUCTION OR RENOVATION OF FA-
CILITIES.—
‘‘(A) REQUEST FOR USE OF FUNDS.—An
Indian tribe or tribal organization may submit
to the Secretary a request to use amounts pro-
vided under this subsection for construction or
renovation purposes.
‘‘(B) DETERMINATION.—With respect to a
request submitted under subparagraph (A), and
except as provided in subparagraph (C), upon a
determination by the Secretary that adequate
facilities are not otherwise available to an In-
dian tribe or tribal organization to enable such
tribe or organization to carry out child care
programs in accordance with this subchapter,
and that the lack of such facilities will inhibit
the operation of such programs in the future,
the Secretary may permit the tribe or organiza-
563
tion to use assistance provided under this sub-
section to make payments for the construction
or renovation of facilities that will be used to
carry out such programs.
‘‘(C) LIMITATION.—The Secretary may not
permit an Indian tribe or tribal organization to
use amounts provided under this subsection for
construction or renovation if such use will re-
sult in a decrease in the level of child care serv-
ices provided by the tribe or organization as
compared to the level of such services provided
by the tribe or organization in the fiscal year
preceding the year for which the determination
under subparagraph (A) is being made.
‘‘(D) UNIFORM
PROCEDURES.—The Sec-
retary shall develop and implement uniform
procedures for the solicitation and consideration
of requests under this paragraph.’’; and
(3) in subsection (e), by adding at the end
thereof the following new paragraph:
‘‘(4) INDIAN
TRIBES
OR
TRIBAL
ORGANIZA-
TIONS.—Any portion of a grant or contract made to
an Indian tribe or tribal organization under sub-
section (c) that the Secretary determines is not
being used in a manner consistent with the provision
564
of this subchapter in the period for which the grant
or contract is made available, shall be allotted by the
Secretary to other tribes or organizations that have
submitted applications under subsection (c) in ac-
cordance with their respective needs.’’.
SEC. 3314. DEFINITIONS.
Section 658P (42 U.S.C. 9858n) is amended—
(1) in paragraph (2), in the first sentence by
inserting ‘‘or as a deposit for child care services if
such a deposit is required of other children being
cared for by the provider’’ after ‘‘child care serv-
ices’’; and
(2) by striking paragraph (3);
(3) in paragraph (4)(B), by striking ‘‘75 per-
cent’’ and inserting ‘‘85 percent’’;
(4) in paragraph (5)(B)—
(A) by inserting ‘‘great grandchild, sibling
(if such provider lives in a separate residence),’’
after ‘‘grandchild,’’;
(B) by striking ‘‘is registered and’’; and
(C) by striking ‘‘State’’ and inserting ‘‘ap-
plicable’’.
(5) by striking paragraph (10);
(6) in paragraph (13)—
(A) by inserting ‘‘or’’ after ‘‘Samoa,’’; and
565
(B) by striking ‘‘, and the Trust Territory
of the Pacific Islands’’;
(7) in paragraph (14)—
(A) by striking ‘‘The term’’ and inserting
the following:
‘‘(A) IN GENERAL.—The term’’; and
(B) by adding at the end thereof the fol-
lowing new subparagraph:
‘‘(B) OTHER ORGANIZATIONS.—Such term
includes a Native Hawaiian Organization, as
defined in section 4009(4) of the Augustus F.
Hawkins-Robert T. Stafford Elementary and
Secondary School Improvement Amendments of
1988 (20 U.S.C. 4909(4)) and a private non-
profit organization established for the purpose
of serving youth who are Indians or Native Ha-
waiians.’’.
SEC. 3315. REPEALS.
(a) CHILD DEVELOPMENT ASSOCIATE SCHOLARSHIP
ASSISTANCE ACT OF 1985.—Title VI of the Human Serv-
ices Reauthorization Act of 1986 (42 U.S.C. 10901–
10905) is repealed.
(b) STATE
DEPENDENT
CARE
DEVELOPMENT
GRANTS ACT.—Subchapter E of chapter 8 of subtitle A
566
of title VI of the Omnibus Budget Reconciliation Act of
1981 (42 U.S.C. 9871–9877) is repealed.
(c) PROGRAMS OF NATIONAL SIGNIFICANCE.—Title
X of the Elementary and Secondary Education Act of
1965, as amended by Public Law 103–382 (108 Stat.
3809 et seq.), is amended—
(1) in section 10413(a) by striking paragraph
(4),
(2) in section 10963(b)(2) by striking subpara-
graph (G), and
(3) in section 10974(a)(6) by striking subpara-
graph (G).
(d) NATIVE HAWAIIAN FAMILY-BASED EDUCATION
CENTERS.—Section 9205 of the Native Hawaiian Edu-
cation Act (Public Law 103–382; 108 Stat. 3794) is re-
pealed.
(e) CERTAIN CHILD CARE PROGRAMS UNDER THE
SOCIAL SECURITY ACT.—
(1) AFDC AND
TRANSITIONAL
CHILD
CARE
PROGRAMS.—Section 402 of the Social Security Act
(42 U.S.C. 602) is amended by striking subsection
(g).
(2) AT-RISK CHILD CARE PROGRAM.—
567
(A) AUTHORIZATION.—Section 402 of the
Social Security Act (42 U.S.C. 602) is amended
by striking subsection (i).
(B) FUNDING
PROVISIONS.—Section 403
of the Social Security Act (42 U.S.C. 603) is
amended by striking subsection (n).
SEC. 3316. EFFECTIVE DATE.
(a) IN GENERAL.—Except as provided in subsection
(b), this subtitle and the amendments made by this sub-
title shall take effect on October 1, 1996.
(b) EXCEPTION.—The amendment made by section
3303(a) shall take effect on the date of enactment of this
Act.
Subtitle D—Child Nutrition
Programs
CHAPTER 1—NATIONAL SCHOOL LUNCH
ACT
SEC. 3401. STATE DISBURSEMENT TO SCHOOLS.
(a) IN GENERAL.—Section 8 of the National School
Lunch Act (42 U.S.C. 1757) is amended—
(1) in the third sentence, by striking ‘‘Nothing’’
and all that follows through ‘‘educational agency to’’
and inserting ‘‘The State educational agency may’’;
(2) by striking the fourth and fifth sentences;
568
(3) by redesignating the first through sixth sen-
tences, as amended by paragraph (1), as subsections
(a) through (f), respectively;
(4) in subsection (b), as redesignated by para-
graph (3), by striking ‘‘the preceding sentence’’ and
inserting ‘‘subsection (a)’’; and
(5) in subsection (d), as redesignated by para-
graph (3), by striking ‘‘Such food costs’’ and insert-
ing ‘‘Use of funds paid to States’’.
(b) DEFINITION OF CHILD.—Section 12(d) of the Act
(42 U.S.C. 1760(d)) is amended by adding at the end the
following:
‘‘(9) ‘child’ includes an individual, regardless of
age, who—
‘‘(A) is determined by a State educational
agency, in accordance with regulations pre-
scribed by the Secretary, to have 1 or more
mental or physical disabilities; and
‘‘(B) is attending any institution, as de-
fined in section 17(a), or any nonresidential
public or nonprofit private school of high school
grade or under, for the purpose of participating
in a school program established for individuals
with mental or physical disabilities.
569
No institution that is not otherwise eligible to par-
ticipate in the program under section 17 shall be
considered eligible because of this paragraph.’’.
SEC. 3402. NUTRITIONAL AND OTHER PROGRAM REQUIRE-
MENTS.
(a) NUTRITIONAL STANDARDS.—Section 9(a) of the
National School Lunch Act (42 U.S.C. 1758(a)) is amend-
ed—
(1) in paragraph (2)—
(A) by striking ‘‘(2)(A) Lunches’’ and in-
serting ‘‘(2) Lunches’’;
(B) by striking subparagraph (B); and
(C) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively;
(2) by striking paragraph (3); and
(3) by redesignating paragraph (4) as para-
graph (3).
(b) ELIGIBILITY GUIDELINES.—Section 9(b) of the
Act is amended—
(1) in paragraph (2)—
(A) by striking subparagraph (A); and
(B) by redesignating subparagraphs (B)
and (C) as subparagraphs (A) and (B), respec-
tively;
570
(2) in paragraph (5), by striking the third sen-
tence; and
(3) in paragraph (6), by striking ‘‘paragraph
(2)(C)’’ and inserting ‘‘paragraph (2)(B)’’.
(c) UTILIZATION
OF
AGRICULTURAL
COMMOD-
ITIES.—Section 9(c) of the Act is amended by striking the
second, fourth, and sixth sentences.
(d) CONFORMING AMENDMENT.—The last sentence
of section 9(d)(1) of the Act is amended by striking ‘‘sub-
section (b)(2)(C)’’ and inserting ‘‘subsection (b)(2)(B)’’.
(e) NUTRITIONAL INFORMATION.—Section 9(f) of the
Act is amended—
(1) by striking paragraph (1);
(2) by striking ‘‘(2)’’;
(3) by redesignating subparagraphs (A) through
(D) as paragraphs (1) through (4), respectively;
(4) by striking paragraph (1), as redesignated
by paragraph (3), and inserting the following:
‘‘(1) NUTRITIONAL REQUIREMENTS.—Except as
provided in paragraph (2), not later than the first
day of the 1996–1997 school year, schools that are
participating in the school lunch or school breakfast
program shall serve lunches and breakfasts under
the program that—
571
‘‘(A) are consistent with the goals of the
most recent Dietary Guidelines for Americans
published under section 301 of the National
Nutrition Monitoring and Related Research Act
of 1990 (7 U.S.C. 5341); and
‘‘(B) provide, on the average over each
week, at least—
‘‘(i) with respect to school lunches, 1⁄3
of the daily recommended dietary allow-
ance established by the Food and Nutrition
Board of the National Research Council of
the National Academy of Sciences; and
‘‘(ii) with respect to school breakfasts,
1⁄4 of the daily recommended dietary allow-
ance established by the Food and Nutrition
Board of the National Research Council of
the National Academy of Sciences.’’;
(5) in paragraph (3), as redesignated by para-
graph (3)—
(A) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively; and
(B) in subparagraph (A), as so redesig-
nated, by redesignating subclauses (I) and (II)
as clauses (i) and (ii), respectively; and
572
(6) in paragraph (4), as redesignated by para-
graph (3)—
(A) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively;
(B) in subparagraph (A) (as redesignated
by subparagraph (A)), by redesignating sub-
clauses (I) and (II) as clauses (i) and (ii), re-
spectively; and
(C) in subparagraph (A)(ii) (as redesig-
nated by subparagraph (B)), by striking ‘‘sub-
paragraph (C)’’ and inserting ‘‘paragraph (3)’’.
(f) USE OF RESOURCES.—Section 9 of the Act is
amended by striking subsection (h).
SEC. 3403. FREE AND REDUCED PRICE POLICY STATEMENT.
Section 9(b)(2) of the National School Lunch Act (42
U.S.C. 1758(b)(2)), as amended by section 3402(b)(1), is
further amended by adding at the end the following:
‘‘(C) FREE AND REDUCED PRICE POLICY
STATEMENT.—After the initial submission, a
school shall not be required to submit a free
and reduced price policy statement to a State
educational agency under this Act unless there
is a substantive change in the free and reduced
price policy of the school. A routine change in
the policy of a school, such as an annual adjust-
573
ment of the income eligibility guidelines for free
and reduced price meals, shall not be sufficient
cause for requiring the school to submit a policy
statement.’’.
SEC. 3404. SPECIAL ASSISTANCE.
(a) EXTENSION
OF
PAYMENT
PERIOD.—Section
11(a)(1)(D)(i) of the National School Lunch Act (42
U.S.C. 1759a(a)(1)(D)(i)) is amended by striking ‘‘, on
the date of enactment of this subparagraph,’’.
(b) APPLICABILITY OF OTHER PROVISIONS.—Section
11 of the Act is amended—
(1) by striking subsection (d);
(2) in subsection (e)(2)—
(A) by striking ‘‘The’’ and inserting ‘‘On
request of the Secretary, the’’; and
(B) by striking ‘‘each month’’; and
(3) by redesignating subsections (e) and (f), as
so amended, as subsections (d) and (e), respectively.
SEC. 3405. MISCELLANEOUS PROVISIONS AND DEFINI-
TIONS.
(a) ACCOUNTS AND RECORDS.—Section 12(a) of the
National School Lunch Act (42 U.S.C. 1760(a)) is amend-
ed by striking ‘‘at all times be available’’ and inserting
‘‘be available at any reasonable time’’.
574
(b) RESTRICTION
ON
REQUIREMENTS.—Section
12(c) of the Act is amended by striking ‘‘neither the Sec-
retary nor the State shall’’ and inserting ‘‘the Secretary
shall not’’.
(c) DEFINITIONS.—Section 12(d) of the Act, as
amended by section 3401(b), is further amended—
(1) in paragraph (1), by striking ‘‘the Trust
Territory of the Pacific Islands’’ and inserting ‘‘the
Commonwealth of the Northern Mariana Islands’’;
(2) by striking paragraphs (3) and (4); and
(3) by redesignating paragraphs (1), (2), and
(5) through (9) as paragraphs (6), (7), (3), (4), (2),
(5), and (1), respectively, and rearranging the para-
graphs so as to appear in numerical order.
(d) ADJUSTMENTS
TO NATIONAL AVERAGE PAY-
MENT RATES.—Section 12(f) of the Act is amended by
striking ‘‘the Trust Territory of the Pacific Islands,’’.
(e) EXPEDITED RULEMAKING.—Section 12(k) of the
Act is amended—
(1) by striking paragraphs (1), (2), and (5);
and
(2) by redesignating paragraphs (3) and (4) as
paragraphs (1) and (2), respectively.
(f) WAIVER.—Section 12(l) of the Act is amended—
(1) in paragraph (2)(A)—
575
(A) in clause (iii), by adding ‘‘and’’ at the
end;
(B) in clause (iv), by striking the semi-
colon at the end and inserting a period; and
(C) by striking clauses (v) through (vii);
(2) in paragraph (3)—
(A) by striking ‘‘(A)’’; and
(B) by striking subparagraphs (B) through
(D);
(3) in paragraph (4)—
(A) in the matter preceding subparagraph
(A), by striking ‘‘of any requirement relating’’
and inserting ‘‘that increases Federal costs or
that relates’’;
(B) by striking subparagraph (D);
(C) by redesignating subparagraphs (E)
through (N) as subparagraphs (D) through
(M), respectively; and
(D) in subparagraph (L), as redesignated
by subparagraph (C), by striking ‘‘and’’ at the
end and inserting ‘‘or’’; and
(4) in paragraph (6)—
(A) by striking ‘‘(A)(i)’’ and all that fol-
lows through ‘‘(B)’’; and
576
(B) by redesignating clauses (i) through
(iv) as subparagraphs (A) through (D), respec-
tively.
(g) FOOD AND NUTRITION PROJECTS.—Section 12
of the Act is amended by striking subsection (m).
SEC. 3406. SUMMER FOOD SERVICE PROGRAM FOR CHIL-
DREN.
(a) ESTABLISHMENT OF PROGRAM.—Section 13(a)
of the National School Lunch Act (42 U.S.C. 1761(a))
is amended—
(1) in paragraph (1)—
(A) in the first sentence, by striking ‘‘initi-
ate, maintain, and expand’’ and inserting ‘‘initi-
ate and maintain’’; and
(B) in subparagraph (E) of the second
sentence, by striking ‘‘the Trust Territory of
the Pacific Islands,’’; and
(2) in paragraph (7)(A), by striking ‘‘Except as
provided in subparagraph (C), private’’ and inserting
‘‘Private’’.
(b) SERVICE INSTITUTIONS.—Section 13(b) of the
Act is amended by striking ‘‘(b)(1)’’ and all that follows
through the end of paragraph (1) and inserting the follow-
ing:
‘‘(b) SERVICE INSTITUTIONS.—
577
‘‘(1) PAYMENTS.—
‘‘(A) IN GENERAL.—Except as otherwise
provided in this paragraph, payments to service
institutions shall equal the full cost of food
service operations (which cost shall include the
costs of obtaining, preparing, and serving food,
but shall not include administrative costs).
‘‘(B) MAXIMUM
AMOUNTS.—Subject to
subparagraph (C), payments to any institution
under subparagraph (A) shall not exceed—
‘‘(i) $1.82 for each lunch and supper
served;
‘‘(ii) $1.13 for each breakfast served;
and
‘‘(iii) 46 cents for each meal supple-
ment served.
‘‘(C) ADJUSTMENTS.—Amounts specified
in subparagraph (B) shall be adjusted on Janu-
ary 1, 1997, and each January 1 thereafter, to
the nearest lower cent increment in accordance
with the changes for the 12-month period end-
ing the preceding November 30 in the series for
food away from home of the Consumer Price
Index for All Urban Consumers published by
the Bureau of Labor Statistics of the Depart-
578
ment of Labor. Each adjustment shall be based
on the unrounded adjustment for the prior 12-
month period.’’.
(c) ADMINISTRATION OF SERVICE INSTITUTIONS.—
Section 13(b)(2) of the Act is amended—
(1) in the first sentence, by striking ‘‘four
meals’’ and inserting ‘‘3 meals, or 2 meals and 1
supplement,’’; and
(2) by striking the second sentence.
(d) REIMBURSEMENTS.—Section 13(c)(2) of the Act
is amended—
(1) by striking subparagraph (A);
(2) in subparagraph (B)—
(A) in the first sentence—
(i) by striking ‘‘, and such higher edu-
cation institutions,’’; and
(ii) by striking ‘‘without application’’
and inserting ‘‘upon showing residence in
areas in which poor economic conditions
exist or on the basis of income eligibility
statements for children enrolled in the pro-
gram’’; and
(B) by adding at the end the following:
‘‘The higher education institutions referred to
in the preceding sentence shall be eligible to
579
participate in the program under this para-
graph without application.’’;
(3) in subparagraph (C)(ii), by striking ‘‘severe
need’’; and
(4) 
by 
redesignating 
subparagraphs 
(B)
through (E), as so amended, as subparagraphs (A)
through (D), respectively.
(e) 
ADVANCE
PROGRAM
PAYMENTS.—Section
13(e)(1) of the Act is amended—
(1) by striking ‘‘institution: Provided, That (A)
the’’ and inserting ‘‘institution. The’’;
(2) by inserting ‘‘(excluding a school)’’ after
‘‘any service institution’’; and
(3) by striking ‘‘responsibilities, and (B) no’’
and inserting ‘‘responsibilities. No’’.
(f) FOOD REQUIREMENTS.—Section 13(f) of the Act
is amended—
(1) by redesignating the first through seventh
sentences as paragraphs (1) through (7), respec-
tively;
(2) by striking paragraph (3), as redesignated
by paragraph (1);
(3) in paragraph (4), as redesignated by para-
graph (1), by striking ‘‘the first sentence’’ and in-
serting ‘‘paragraph (1)’’;
580
(4) in paragraph (6), as redesignated by para-
graph (1), by striking ‘‘that bacteria levels’’ and all
that follows through the period at the end and in-
serting ‘‘conformance with standards set by local
health authorities.’’; and
(5) by redesignating paragraphs (4) through
(7), as redesignated by paragraph (1), as para-
graphs (3) through (6), respectively.
(g) PERMITTING OFFER VERSUS SERVE.—Section
13(f) of the Act, as amended by subsection (f), is further
amended by adding at the end the following:
‘‘(7) OFFER VERSUS SERVE.—A school food au-
thority participating as a service institution may
permit a child attending a site on school premises
operated directly by the authority to refuse not more
than 1 item of a meal that the child does not intend
to consume. A refusal of an offered food item shall
not affect the amount of payments made under this
section to a school for the meal.’’.
(h) FOOD SERVICE MANAGEMENT COMPANIES.—
Section 13(l) of the Act is amended—
(1) by striking paragraph (4);
(2) in paragraph (5), by striking the first sen-
tence; and
581
(3) by redesignating paragraph (5), as so
amended, as paragraph (4).
(i) RECORDS.—The second sentence of section 13(m)
of the Act is amended by striking ‘‘at all times be avail-
able’’ and inserting ‘‘be available at any reasonable time’’.
(j) REMOVING MANDATORY NOTICE
TO INSTITU-
TIONS.—Section 13(n)(2) of the Act is amended by strik-
ing ‘‘, and its plans and schedule for informing service
institutions of the availability of the program’’.
(k) PLAN.—Section 13(n) of the Act is amended—
(1) in paragraph (2), by striking ‘‘, including
the State’s methods of assessing need’’;
(2) by striking paragraph (3);
(3) in paragraph (4), by striking ‘‘and sched-
ule’’; and
(4) by redesignating paragraphs (4) through
(7), as so amended, as paragraphs (3) through (6),
respectively.
(l) MONITORING AND TRAINING.—Section 13(q) of
the Act is amended—
(1) by striking paragraphs (2) and (4);
(2) in paragraph (3), by striking ‘‘paragraphs
(1) and (2) of this subsection’’ and inserting ‘‘para-
graph (1)’’; and
582
(3) by redesignating paragraph (3), as so
amended, as paragraph (2).
(m) EXPIRED PROGRAM.—Section 13 of the Act is
amended—
(1) by striking subsection (p); and
(2) by redesignating subsections (q) and (r), as
so amended, as subsections (p) and (q), respectively.
(n) EFFECTIVE DATE.—The amendments made by
subsection (b) shall become effective on January 1, 1997.
SEC. 3407. COMMODITY DISTRIBUTION.
(a) CEREAL AND SHORTENING IN COMMODITY DO-
NATIONS.—Section 14(b) of the National School Lunch
Act (42 U.S.C. 1762a(b)) is amended—
(1) by striking paragraph (1); and
(2) by redesignating paragraphs (2) and (3) as
paragraphs (1) and (2), respectively.
(b) IMPACT
STUDY
AND
PURCHASING
PROCE-
DURES.—Section 14(d) of the Act is amended by striking
the second and third sentences.
(c) CASH
COMPENSATION
FOR
PILOT
PROJECT
SCHOOLS.—Section 14(g) of the Act is amended by strik-
ing paragraph (3).
(d) STATE
ADVISORY
COUNCIL.—Section 14 is
amended—
(1) by striking subsection (e); and
583
(2) by redesignating subsections (f) and (g), as
so amended, as subsections (e) and (f), respectively.
SEC. 3408. CHILD CARE FOOD PROGRAM.
(a) ESTABLISHMENT OF PROGRAM.—Section 17 of
the National School Lunch Act (42 U.S.C. 1766) is
amended—
(1) in the section heading, by striking ‘‘AND
ADULT’’; and
(2) in the first sentence of subsection (a), by
striking ‘‘initiate, maintain, and expand’’ and insert-
ing ‘‘initiate and maintain’’.
(b) PAYMENTS
TO SPONSOR EMPLOYEES.—Para-
graph (2) of the last sentence of section 17(a) of the Act
(42 U.S.C. 1766(a)) is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (B);
(2) by striking the period at the end of sub-
paragraph (C) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(D) in the case of a family or group day
care home sponsoring organization that employs
more than 1 employee, the organization does
not base payments to an employee of the orga-
nization on the number of family or group day
care homes recruited.’’.
584
(c) TECHNICAL ASSISTANCE.—The last sentence of
section 17(d)(1) of the Act is amended by striking ‘‘, and
shall provide technical assistance’’ and all that follows
through ‘‘its application’’.
(d) REIMBURSEMENT
OF CHILD CARE INSTITU-
TIONS.—Section 17(f)(2)(B) of the Act (42 U.S.C.
1766(f)(2)(B)) is amended by striking ‘‘two meals and two
supplements or three meals and one supplement’’ and in-
serting ‘‘two meals and one supplement’’.
(e) IMPROVED TARGETING OF DAY CARE HOME RE-
IMBURSEMENTS.—
(1) RESTRUCTURED
DAY
CARE
HOME
REIM-
BURSEMENTS.—Section 17(f)(3) of the Act is
amended by striking ‘‘(3)(A) Institutions’’ and all
that follows through the end of subparagraph (A)
and inserting the following:
‘‘(3) REIMBURSEMENT OF FAMILY OR GROUP
DAY CARE HOME SPONSORING ORGANIZATIONS.—
‘‘(A) REIMBURSEMENT FACTOR.—
‘‘(i) IN
GENERAL.—An institution
that participates in the program under this
section as a family or group day care home
sponsoring organization shall be provided,
for payment to a home sponsored by the
organization, reimbursement factors in ac-
585
cordance with this subparagraph for the
cost of obtaining and preparing food and
prescribed labor costs involved in providing
meals under this section.
‘‘(ii) TIER I FAMILY OR GROUP DAY
CARE HOMES.—
‘‘(I) DEFINITION.—In this para-
graph, the term ‘tier I family or group
day care home’ means—
‘‘(aa) a family or group day
care home that is located in a ge-
ographic area, as defined by the
Secretary based on census data,
in which at least 50 percent of
the children residing in the area
are members of households whose
incomes meet the income eligi-
bility guidelines for free or re-
duced price meals under section
9;
‘‘(bb) a family or group day
care home that is located in an
area served by a school enrolling
elementary students in which at
least 50 percent of the total num-
586
ber of children enrolled are cer-
tified eligible to receive free or
reduced price school meals under
this Act or the Child Nutrition
Act of 1966 (42 U.S.C. 1771 et
seq.); or
‘‘(cc) a family or group day
care home that is operated by a
provider whose household meets
the income eligibility guidelines
for free or reduced price meals
under section 9 and whose in-
come is verified by the sponsor-
ing organization of the home
under regulations established by
the Secretary.
‘‘(II) REIMBURSEMENT.—Except
as provided in subclause (III), a tier
I family or group day care home shall
be provided reimbursement factors
under this clause without a require-
ment for documentation of the costs
described in clause (i), except that re-
imbursement shall not be provided
under this subclause for meals or sup-
587
plements served to the children of a
person acting as a family or group
day care home provider unless the
children meet the income eligibility
guidelines for free or reduced price
meals under section 9.
‘‘(III) FACTORS.—Except as pro-
vided in subclause (IV), the reim-
bursement factors applied to a home
referred to in subclause (II) shall be
the factors in effect on July 1, 1996.
‘‘(IV) ADJUSTMENTS.—The re-
imbursement factors under this sub-
paragraph shall be adjusted on July
1, 1997, and each July 1 thereafter,
to reflect changes in the Consumer
Price Index for food at home for the
most recent 12-month period for
which the data are available. The re-
imbursement factors under this sub-
paragraph shall be rounded to the
nearest lower cent increment and
based on the unrounded adjustment in
effect on June 30 of the preceding
school year.
588
‘‘(iii) TIER II FAMILY OR GROUP DAY
CARE HOMES.—
‘‘(I) IN GENERAL.—
‘‘(aa) FACTORS.—Except as
provided in subclause (II), with
respect to meals or supplements
served under this clause by a
family or group day care home
that does not meet the criteria
set forth in clause (ii)(I), the re-
imbursement factors shall be 90
cents for lunches and suppers, 25
cents for breakfasts, and 10
cents for supplements.
‘‘(bb) ADJUSTMENTS.—The
factors shall be adjusted on July
1, 1997, and each July 1 there-
after, to reflect changes in the
Consumer Price Index for food at
home for the most recent 12-
month period for which the data
are available. The reimbursement
factors under this item shall be
rounded down to the nearest
lower cent increment and based
589
on the unrounded adjustment for
the preceding 12-month period.
‘‘(cc) REIMBURSEMENT.—A
family or group day care home
shall be provided reimbursement
factors under this subclause with-
out a requirement for docu-
mentation of the costs described
in clause (i), except that reim-
bursement shall not be provided
under this subclause for meals or
supplements served to the chil-
dren of a person acting as a fam-
ily or group day care home pro-
vider unless the children meet the
income eligibility guidelines for
free or reduced price meals under
section 9.
‘‘(II) OTHER FACTORS.—A fam-
ily or group day care home that does
not meet the criteria set forth in
clause (ii)(I) may elect to be provided
reimbursement factors determined in
accordance with the following require-
ments:
590
‘‘(aa) CHILDREN
ELIGIBLE
FOR
FREE
OR
REDUCED
PRICE
MEALS.—In the case of meals or
supplements served under this
subsection to children who are
members of households whose in-
comes meet the income eligibility
guidelines for free or reduced
price meals under section 9, the
family or group day care home
shall be provided reimbursement
factors set by the Secretary in
accordance with clause (ii)(III).
‘‘(bb) 
INELIGIBLE
CHIL-
DREN.—In the case of meals or
supplements served under this
subsection to children who are
members of households whose in-
comes do not meet the income
eligibility guidelines, the family
or group day care home shall be
provided reimbursement factors
in accordance with subclause (I).
‘‘(III) INFORMATION
AND
DE-
TERMINATIONS.—
591
‘‘(aa) IN
GENERAL.—If a
family or group day care home
elects to claim the factors de-
scribed in subclause (II), the
family or group day care home
sponsoring organization serving
the home shall collect the nec-
essary income information, as de-
termined by the Secretary, from
any parent or other caretaker to
make the determinations speci-
fied in subclause (II) and shall
make the determinations in ac-
cordance with rules prescribed by
the Secretary.
‘‘(bb) CATEGORICAL
ELIGI-
BILITY.—In making a determina-
tion under item (aa), a family or
group day care home sponsoring
organization may consider a child
participating in or subsidized
under, or a child with a parent
participating in or subsidized
under, a federally or State sup-
ported child care or other benefit
592
program with an income eligi-
bility limit that does not exceed
the eligibility standard for free or
reduced price meals under section
9 to be a child who is a member
of a household whose income
meets 
the 
income 
eligibility
guidelines under section 9.
‘‘(cc) FACTORS
FOR
CHIL-
DREN ONLY.—A family or group
day care home may elect to re-
ceive the reimbursement factors
prescribed under clause (ii)(III)
solely for the children participat-
ing in a program referred to in
item (bb) if the home elects not
to have income statements col-
lected from parents or other care-
takers.
‘‘(IV) SIMPLIFIED MEAL COUNT-
ING AND REPORTING PROCEDURES.—
The Secretary shall prescribe sim-
plified meal counting and reporting
procedures for use by a family or
group day care home that elects to
593
claim the factors under subclause (II)
and by a family or group day care
home sponsoring organization that
sponsors the home. The procedures
the Secretary prescribes may include
1 or more of the following:
‘‘(aa) Setting an annual per-
centage for each home of the
number of meals served that are
to be reimbursed in accordance
with the reimbursement factors
prescribed under clause (ii)(III)
and an annual percentage of the
number of meals served that are
to be reimbursed in accordance
with the reimbursement factors
prescribed under subclause (I),
based on the family income of
children enrolled in the home in a
specified month or other period.
‘‘(bb) Placing a home into 1
of 2 or more reimbursement cat-
egories annually based on the
percentage of children in the
home whose households have in-
594
comes that meet the income eligi-
bility guidelines under section 9,
with each such reimbursement
category carrying a set of reim-
bursement factors such as the
factors prescribed under clause
(ii)(III) or subclause (I) or fac-
tors established within the range
of factors prescribed under clause
(ii)(III) and subclause (I).
‘‘(cc) Such other simplified
procedures as the Secretary may
prescribe.
‘‘(V) 
MINIMUM
VERIFICATION
REQUIREMENTS.—The Secretary may
establish any necessary minimum ver-
ification requirements.’’.
(2) GRANTS TO STATES TO PROVIDE ASSIST-
ANCE TO FAMILY OR GROUP DAY CARE HOMES.—
Section 17(f)(3) of the Act is amended by adding at
the end the following:
‘‘(D) GRANTS TO STATES TO PROVIDE AS-
SISTANCE
TO
FAMILY
OR
GROUP
DAY
CARE
HOMES.—
‘‘(i) IN GENERAL.—
595
‘‘(I) 
RESERVATION.—From
amounts made available to carry out
this section, the Secretary shall re-
serve $5,000,000 of the amount made
available for fiscal year 1997.
‘‘(II) PURPOSE.—The Secretary
shall use the funds made available
under subclause (I) to provide grants
to States for the purpose of provid-
ing—
‘‘(aa) assistance, including
grants, to family and day care
home sponsoring organizations
and other appropriate organiza-
tions, in securing and providing
training, materials, automated
data processing assistance, and
other assistance for the staff of
the sponsoring organizations; and
‘‘(bb) training and other as-
sistance to family and group day
care homes in the implementation
of the amendment to subpara-
graph 
(A) 
made 
by 
section
3408(e)(1) of the Personal Re-
596
sponsibility and Work Oppor-
tunity Act of 1996.
‘‘(ii) 
ALLOCATION.—The 
Secretary
shall allocate from the funds reserved
under clause (i)(I)—
‘‘(I) $30,000 in base funding to
each State; and
‘‘(II) 
any 
remaining 
amount
among the States, based on the num-
ber of family day care homes partici-
pating in the program in a State dur-
ing fiscal year 1995 as a percentage
of the number of all family day care
homes participating in the program
during fiscal year 1995.
‘‘(iii) RETENTION OF FUNDS.—Of the
amount of funds made available to a State
for fiscal year 1997 under clause (i), the
State may retain not to exceed 30 percent
of the amount to carry out this subpara-
graph.
‘‘(iv) ADDITIONAL
PAYMENTS.—Any
payments received under this subpara-
graph shall be in addition to payments
597
that a State receives under subparagraph
(A).’’.
(3) PROVISION OF DATA.—Section 17(f)(3) of
the Act, as amended by paragraph (2), is further
amended by adding at the end the following:
‘‘(E) PROVISION OF DATA TO FAMILY OR
GROUP DAY CARE HOME SPONSORING ORGANI-
ZATIONS.—
‘‘(i) CENSUS
DATA.—The Secretary
shall provide to each State agency admin-
istering a child care food program under
this section data from the most recent de-
cennial census survey or other appropriate
census survey for which the data are avail-
able showing which areas in the State meet
the 
requirements 
of 
subparagraph
(A)(ii)(I)(aa). The State agency shall pro-
vide the data to family or group day care
home sponsoring organizations located in
the State.
‘‘(ii) SCHOOL DATA.—
‘‘(I) 
IN
GENERAL.—A 
State
agency administering the school lunch
program under this Act or the school
breakfast program under the Child
598
Nutrition Act of 1966 (42 U.S.C.
1771 et seq.) shall provide to ap-
proved family or group day care home
sponsoring organizations a list of
schools serving elementary school chil-
dren in the State in which not less
than 1⁄2 of the children enrolled are
certified to receive free or reduced
price meals. The State agency shall
collect the data necessary to create
the list annually and provide the list
on a timely basis to any approved
family or group day care home spon-
soring organization that requests the
list.
‘‘(II) USE OF DATA FROM PRE-
CEDING SCHOOL YEAR.—In determin-
ing for a fiscal year or other annual
period whether a home qualifies as a
tier I family or group day care home
under subparagraph (A)(ii)(I), the
State agency administering the pro-
gram under this section, and a family
or group day care home sponsoring
organization, shall use the most cur-
599
rent available data at the time of the
determination.
‘‘(iii) 
DURATION
OF
DETERMINA-
TION.—For purposes of this section, a de-
termination that a family or group day
care home is located in an area that quali-
fies the home as a tier I family or group
day care home (as the term is defined in
subparagraph (A)(ii)(I)), shall be in effect
for 3 years (unless the determination is
made on the basis of census data, in which
case the determination shall remain in ef-
fect until more recent census data are
available) unless the State agency deter-
mines that the area in which the home is
located no longer qualifies the home as a
tier I family or group day care home.’’.
(4) CONFORMING AMENDMENTS.—Section 17(c)
of the Act is amended by inserting ‘‘except as pro-
vided in subsection (f)(3),’’ after ‘‘For purposes of
this section,’’ each place it appears in paragraphs
(1), (2), and (3).
(f) REIMBURSEMENT.—Section 17(f) of the Act is
amended—
(1) in paragraph (3)—
600
(A) in subparagraph (B), by striking the
third and fourth sentences; and
(B) in subparagraph (C)—
(i) by striking ‘‘(i)’’ and
(ii) by striking clause (ii); and
(2) in paragraph (4), by striking ‘‘shall’’ and
inserting ‘‘may’’ in the first sentence.
(g) 
NUTRITIONAL
REQUIREMENTS.—Section
17(g)(1) of the Act is amended—
(1) in subparagraph (A), by striking the second
sentence; and
(2) in subparagraph (B), by striking the second
sentence.
(h) ELIMINATION OF STATE PAPERWORK AND OUT-
REACH BURDEN.—Section 17 of the Act is amended by
striking subsection (k) and inserting the following:
‘‘(k) TRAINING
AND TECHNICAL ASSISTANCE.—A
State participating in the program established under this
section shall provide sufficient training, technical assist-
ance, and monitoring to facilitate effective operation of the
program. The Secretary shall assist the State in develop-
ing plans to fulfill the requirements of this subsection.’’.
(i) RECORDS.—The second sentence of section 17(m)
of the Act is amended by striking ‘‘at all times’’ and in-
serting ‘‘at any reasonable time’’.
601
(j) MODIFICATION
OF ADULT CARE FOOD PRO-
GRAM.—Section 17(o) of the Act is amended—
(1) in the first sentence of paragraph (1)—
(A) by striking ‘‘adult day care centers’’
and inserting ‘‘day care centers for chronically
impaired disabled persons’’; and
(B) by striking ‘‘to persons 60 years of age
or older or’’; and
(2) in paragraph (2)—
(A) in subparagraph (A)—
(i) by striking ‘‘adult day care center’’
and inserting ‘‘day care center for chron-
ically impaired disabled persons’’; and
(ii) in clause (i)—
(I) by striking ‘‘adult’’;
(II) by striking ‘‘adults’’ and in-
serting ‘‘persons’’; and
(III) by striking ‘‘or persons 60
years of age or older’’; and
(B) in subparagraph (B), by striking
‘‘adult day care services’’ and inserting ‘‘day
care services for chronically impaired disabled
persons’’.
(k) UNNEEDED PROVISION.—Section 17 of the Act
is amended by striking subsection (q).
602
(l) CONFORMING AMENDMENTS.—
(1) Section 17B(f) of the Act (42 U.S.C.
1766b(f)) is amended—
(A) in the subsection heading, by striking
‘‘AND ADULT’’; and
(B) in paragraph (1), by striking ‘‘and
adult’’.
(2) Section 18(e)(3)(B) of the Act (42 U.S.C.
1769(e)(3)(B)) is amended by striking ‘‘and adult’’.
(3) Section 25(b)(1)(C) of the Act (42 U.S.C.
1769f(b)(1)(C)) is amended by striking ‘‘and adult’’.
(4) Section 3(1) of the Healthy Meals for
Healthy Americans Act of 1994 (Public Law 103–
448) is amended by striking ‘‘and adult’’.
(m) EFFECTIVE DATE.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by this section
shall become effective on the date of enactment of
this Act.
(2) IMPROVED TARGETING OF DAY CARE HOME
REIMBURSEMENTS.—The 
amendments 
made 
by
paragraphs (1) and (4) of subsection (e) shall be-
come effective on July 1, 1997.
(3) REGULATIONS.—
603
(A) INTERIM
REGULATIONS.—Not later
than January 1, 1997, the Secretary shall issue
interim regulations to implement—
(i) the amendments made by para-
graphs (1), (3), and (4) of subsection (e);
and
(ii) section 17(f)(3)(C) of the National
School 
Lunch 
Act 
(42 
U.S.C.
1766(f)(3)(C)).
(B) FINAL REGULATIONS.—Not later than
July 1, 1997, the Secretary shall issue final
regulations to implement the provisions of law
referred to in subparagraph (A).
(n) STUDY OF IMPACT OF AMENDMENTS ON PRO-
GRAM PARTICIPATION AND FAMILY DAY CARE LICENS-
ING.—
(1) IN
GENERAL.—The Secretary of Agri-
culture, in conjunction with the Secretary of Health
and Human Services, shall study the impact of the
amendments made by this section on—
(A) the number of family day care homes
participating in the child care food program es-
tablished under section 17 of the National
School Lunch Act (42 U.S.C. 1766);
604
(B) the number of day care home sponsor-
ing organizations participating in the program;
(C) the number of day care homes that are
licensed, certified, registered, or approved by
each State in accordance with regulations is-
sued by the Secretary;
(D) the rate of growth of the numbers re-
ferred to in subparagraphs (A) through (C);
(E) the nutritional adequacy and quality of
meals served in family day care homes that—
(i) received reimbursement under the
program prior to the amendments made by
this section but do not receive reimburse-
ment after the amendments made by this
section; or
(ii) received full reimbursement under
the program prior to the amendments
made by this section but do not receive full
reimbursement 
after 
the 
amendments
made by this section; and
(F) the proportion of low-income children
participating in the program prior to the
amendments made by this section and the pro-
portion of low-income children participating in
605
the program after the amendments made by
this section.
(2) REQUIRED DATA.—Each State agency par-
ticipating in the child care food program under sec-
tion 17 of the National School Lunch Act (42
U.S.C. 1766) shall submit to the Secretary data
on—
(A) the number of family day care homes
participating in the program on June 30, 1997,
and June 30, 1998;
(B) the number of family day care homes
licensed, certified, registered, or approved for
service on June 30, 1997, and June 30, 1998;
and
(C) such other data as the Secretary may
require to carry out this subsection.
(3) SUBMISSION OF REPORT.—Not later than 2
years after the effective date of this section, the Sec-
retary shall submit the study required under this
subsection to the Committee on Economic and Edu-
cational Opportunities of the House of Representa-
tives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate.
606
SEC. 3409. PILOT PROJECTS.
(a) UNIVERSAL FREE PILOT.—Section 18(d) of the
National School Lunch Act (42 U.S.C. 1769(d)) is amend-
ed—
(1) by striking paragraph (3); and
(2) by redesignating paragraphs (4) and (5) as
paragraphs (3) and (4), respectively.
(b) DEMO PROJECT OUTSIDE SCHOOL HOURS.—Sec-
tion 18(e) of the Act is amended—
(1) in paragraph (1)—
(A) in subparagraph (A)—
(i) by striking ‘‘(A)’’; and
(ii) by striking ‘‘shall’’ and inserting
‘‘may’’; and
(B) by striking subparagraph (B); and
(2) by striking paragraph (5) and inserting the
following:
‘‘(5) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated to carry out
this subsection such sums as are necessary for each
of fiscal years 1997 and 1998.’’.
(c) ELIMINATING PROJECTS.—Section 18 of the Act
is amended—
(1) by striking subsections (a) and (g) through
(i); and
607
(2) by redesignating subsections (b) through
(f), as so amended, as subsections (a) through (e),
respectively.
(d) 
CONFORMING
AMENDMENT.—Section
17B(d)(1)(A) of the Act (42 U.S.C. 1766b(d)(1)(A)) is
amended by striking ‘‘18(c)’’ and inserting ‘‘18(b)’’.
SEC. 3410. REDUCTION OF PAPERWORK.
Section 19 of the National School Lunch Act (42
U.S.C. 1769a) is repealed.
SEC. 3411. INFORMATION ON INCOME ELIGIBILITY.
Section 23 of the National School Lunch Act (42
U.S.C. 1769d) is repealed.
SEC. 3412. NUTRITION GUIDANCE FOR CHILD NUTRITION
PROGRAMS.
Section 24 of the National School Lunch Act (42
U.S.C. 1769e) is repealed.
SEC. 3413. INFORMATION CLEARINGHOUSE.
Section 26 of the National School Lunch Act (42
U.S.C. 1769g) is repealed.
CHAPTER 2—CHILD NUTRITION ACT OF
1966
SEC. 3421. SPECIAL MILK PROGRAM.
Section 3(a)(3) of the Child Nutrition Act of 1966
(42 U.S.C. 1772(a)(3)) is amended by striking ‘‘the Trust
608
Territory of the Pacific Islands’’ and inserting ‘‘the Com-
monwealth of the Northern Mariana Islands’’.
SEC. 3422. FREE AND REDUCED PRICE POLICY STATEMENT.
Section 4(b)(1) of the Child Nutrition Act of 1966
(42 U.S.C. 1773(b)(1)) is amended by adding at the end
the following:
‘‘(E) FREE AND REDUCED PRICE POLICY
STATEMENT.—After the initial submission, a
school shall not be required to submit a free
and reduced price policy statement to a State
educational agency under this Act unless there
is a substantive change in the free and reduced
price policy of the school. A routine change in
the policy of a school, such as an annual adjust-
ment of the income eligibility guidelines for free
and reduced price meals, shall not be sufficient
cause for requiring the school to submit a policy
statement.’’.
SEC. 3423. SCHOOL BREAKFAST PROGRAM AUTHORIZA-
TION.
(a) TRAINING AND TECHNICAL ASSISTANCE IN FOOD
PREPARATION.—Section 4(e)(1) of the Child Nutrition
Act of 1966 (42 U.S.C. 1773(e)(1)) is amended—
(1) in subparagraph (A), by striking ‘‘(A)’’; and
(2) by striking subparagraph (B).
609
(b) EXPANSION OF PROGRAM; STARTUP AND EXPAN-
SION COSTS.—
(1) IN
GENERAL.—Section 4 of the Act is
amended by striking subsections (f) and (g).
(2) EFFECTIVE DATE.—The amendments made
by paragraph (1) shall become effective on October
1, 1996.
SEC. 3424. STATE ADMINISTRATIVE EXPENSES.
(a) USE OF FUNDS FOR COMMODITY DISTRIBUTION
ADMINISTRATION; STUDIES.—Section 7 of the Child Nu-
trition Act of 1966 (42 U.S.C. 1776) is amended—
(1) by striking subsections (e) and (h); and
(2) by redesignating subsections (f), (g), and (i)
as subsections (e), (f), and (g), respectively.
(b) APPROVAL OF CHANGES.—Section 7(e) of the
Act, as so redesignated, is amended—
(1) by striking ‘‘each year an annual plan’’ and
inserting ‘‘the initial fiscal year a plan’’; and
(2) by adding at the end the following: ‘‘After
submitting the initial plan, a State shall only be re-
quired to submit to the Secretary for approval a
substantive change in the plan.’’.
SEC. 3425. REGULATIONS.
Section 10(b) of the Child Nutrition Act of 1966 (42
U.S.C. 1779(b)) is amended—
610
(1) in paragraph (1), by striking ‘‘(1)’’; and
(2) by striking paragraphs (2) through (4).
SEC. 3426. PROHIBITIONS.
Section 11(a) of the Child Nutrition Act of 1966 (42
U.S.C. 1780(a)) is amended by striking ‘‘neither the Sec-
retary nor the State shall’’ and inserting ‘‘the Secretary
shall not’’.
SEC. 3427. MISCELLANEOUS PROVISIONS AND DEFINI-
TIONS.
Section 15 of the Child Nutrition Act of 1966 (42
U.S.C. 1784) is amended—
(1) in paragraph (1), by striking ‘‘the Trust
Territory of the Pacific Islands’’ and inserting ‘‘the
Commonwealth of the Northern Mariana Islands’’;
and
(2) in the first sentence of paragraph (3)—
(A) in subparagraph (A), by inserting
‘‘and’’ at the end; and
(B) by striking ‘‘, and (C)’’ and all that
follows through ‘‘Governor of Puerto Rico’’.
SEC. 3428. ACCOUNTS AND RECORDS.
The second sentence of section 16(a) of the Child Nu-
trition Act of 1966 (42 U.S.C. 1785(a)) is amended by
striking ‘‘at all times be available’’ and inserting ‘‘be avail-
able at any reasonable time’’.
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SEC. 3429. SPECIAL SUPPLEMENTAL NUTRITION PROGRAM
FOR WOMEN, INFANTS, AND CHILDREN.
(a) DEFINITIONS.—Section 17(b) of the Child Nutri-
tion Act of 1966 (42 U.S.C. 1786(b)) is amended—
(1) in paragraph (15)(B)(iii), by inserting ‘‘of
not more than 365 days’’ after ‘‘accommodation’’;
and
(2) in paragraph (16)—
(A) in subparagraph (A), by adding ‘‘and’’
at the end; and
(B) in subparagraph (B), by striking ‘‘;
and’’ and inserting a period; and
(C) by striking subparagraph (C).
(b) SECRETARY’S PROMOTION
OF WIC.—Section
17(c) of the Act is amended by striking paragraph (5).
(c) ELIGIBLE PARTICIPANTS.—Section 17(d) of the
Act is amended by striking paragraph (4).
(d) NUTRITION EDUCATION AND DRUG ABUSE EDU-
CATION.—Section 17(e) of the Act is amended—
(1) in the first sentence of paragraph (1), by
striking ‘‘shall ensure’’ and all that follows through
‘‘is provided’’ and inserting ‘‘shall provide nutrition
education and may provide drug abuse education’’;
(2) in paragraph (2), by striking the third sen-
tence;
(3) in paragraph (4)—
612
(A) in the matter preceding subparagraph
(A), by striking ‘‘shall’’;
(B) by striking subparagraph (A);
(C) by redesignating subparagraphs (B)
and (C) as subparagraphs (A) and (B), respec-
tively;
(D) in subparagraphs (A) and (B) (as re-
designated), by inserting ‘‘shall’’ before ‘‘pro-
vide’’ each place it appears;
(E) in subparagraph (A) (as redesignated),
by striking ‘‘and’’ at the end;
(F) in subparagraph (B) (as redesignated),
by striking the period and inserting ‘‘; and’’;
and
(G) by adding at the end the following:
‘‘(C) may provide a local agency with materials
describing other programs for which participants in
the program may be eligible.’’;
(4) in paragraph (5), by striking ‘‘The State’’
and all that follows through ‘‘local agency shall’’ and
inserting ‘‘Each local agency shall’’; and
(5) by striking paragraph (6).
(e) STATE PLAN.—Section 17(f) of the Act is amend-
ed—
(1) in paragraph (1)—
613
(A) in subparagraph (A)—
(i) by striking ‘‘annually to the Sec-
retary, by a date specified by the Sec-
retary, a’’ and inserting ‘‘to the Secretary,
by a date specified by the Secretary, an
initial’’; and
(ii) by adding at the end the follow-
ing: ‘‘After submitting the initial plan, a
State shall only be required to submit to
the Secretary for approval a substantive
change in the plan.’’;
(B) in subparagraph (C)—
(i) by striking clause (iii) and insert-
ing the following:
‘‘(iii) a plan to coordinate operations under the
program with other services or programs that may
benefit participants in, and applicants for, the pro-
gram;’’;
(ii) in clause (vi), by inserting after
‘‘in the State’’ the following: ‘‘(including a
plan to improve access to the program for
participants and prospective applicants
who are employed, or who reside in rural
areas)’’;
614
(iii) in clause (vii), by striking ‘‘to
provide program benefits’’ and all that fol-
lows through ‘‘emphasis on’’ and inserting
‘‘for’’;
(iv) by striking clauses (ix), (x), and
(xii);
(v) in clause (xiii), by striking ‘‘may
require’’ and inserting ‘‘may reasonably re-
quire’’; and
(vi) by redesignating clauses (xi) and
(xiii), as so amended, as clauses (ix) and
(x), respectively;
(C) by striking subparagraph (D); and
(D) by redesignating subparagraph (E) as
subparagraph (D);
(2) by striking paragraphs (2), (6), (8), and
(22);
(3) in the second sentence of paragraph (5), by
striking ‘‘at all times be available’’ and inserting ‘‘be
available at any reasonable time’’;
(4) in paragraph (9)(B), by striking the second
sentence;
(5) in the first sentence of paragraph (11), by
striking ‘‘, including standards that will ensure suffi-
cient State agency staff’’;
615
(6) in paragraph (12), by striking the third sen-
tence;
(7) in paragraph (14), by striking ‘‘shall’’ and
inserting ‘‘may’’;
(8) in paragraph (17), by striking ‘‘and to ac-
commodate’’ and all that follows through ‘‘facili-
ties’’;
(9) in paragraph (19), by striking ‘‘shall’’ and
inserting ‘‘may’’; and
(10) by redesignating paragraphs (3), (4), (5),
(7), (9) through (19), (20), (21), (23), and (24), as
so amended, as paragraphs (2), (3), (4), (5), (6)
through (16), (17), (18), (19), and (20), respec-
tively.
(f) INFORMATION.—Section 17(g) of the Act is
amended—
(1) in paragraph (5), by striking ‘‘the report re-
quired under subsection (d)(4)’’ and inserting ‘‘re-
ports on program participant characteristics’’; and
(2) by striking paragraph (6).
(g) PROCUREMENT OF INFANT FORMULA.—
(1) IN GENERAL.—Section 17(h) of the Act is
amended—
(A) in paragraph (4)(E), by striking ‘‘and,
on’’ and all that follows through ‘‘(d)(4)’’;
616
(B) in paragraph (8)—
(i) by striking subparagraphs (A),
(C), and (M);
(ii) in subparagraph (G)—
(I) in clause (i), by striking ‘‘(i)’’;
and
(II) 
by 
striking 
clauses 
(ii)
through (ix);
(iii) in subparagraph (I), by striking
‘‘Secretary—’’ and all that follows through
‘‘(v) may’’ and inserting ‘‘Secretary may’’;
(iv) by redesignating subparagraphs
(B) and (D) through (L) as subparagraphs
(A) and (B) through (J), respectively;
(v) in subparagraph (A)(i), as so re-
designated, by striking ‘‘subparagraphs
(C), (D), and (E)(iii), in carrying out sub-
paragraph (A),’’ and inserting ‘‘subpara-
graphs (B) and (C)(iii),’’;
(vi) in subparagraph (B)(i), as so re-
designated, by striking ‘‘subparagraph
(B)’’ each place it appears and inserting
‘‘subparagraph (A)’’; and
(vii) in subparagraph (C)(iii), as so
redesignated, by striking ‘‘subparagraph
617
(B)’’ and inserting ‘‘subparagraph (A)’’;
and
(C) in paragraph (10)(B)—
(i) in clause (i), by striking the semi-
colon and inserting ‘‘; and’’;
(ii) in clause (ii), by striking ‘‘; and’’
and inserting a period; and
(iii) by striking clause (iii).
(2) APPLICATION.—The amendments made by
paragraph (1) shall not apply to a contract for the
procurement of infant formula under section
17(h)(8) of the Act that is in effect on the effective
date of this subsection.
(h) NATIONAL ADVISORY COUNCIL ON MATERNAL,
INFANT, AND FETAL NUTRITION.—Section 17(k)(3) of
the Act is amended by striking ‘‘Secretary shall designate’’
and inserting ‘‘Council shall elect’’.
(i) COMPLETED STUDY; COMMUNITY COLLEGE DEM-
ONSTRATION; GRANTS FOR INFORMATION AND DATA SYS-
TEM.—Section 17 of the Act is amended by striking sub-
sections (n), (o), and (p).
(j) DISQUALIFICATION OF VENDORS WHO ARE DIS-
QUALIFIED UNDER THE FOOD STAMP PROGRAM.—Sec-
tion 17 of the Act, as so amended, is further amended
by adding at the end the following:
618
‘‘(n) DISQUALIFICATION
OF VENDORS WHO ARE
DISQUALIFIED UNDER THE FOOD STAMP PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary shall issue
regulations providing criteria for the disqualification
under this section of an approved vendor that is dis-
qualified from accepting benefits under the food
stamp program established under the Food Stamp
Act of 1977 (7 U.S.C. 2011 et seq.).
‘‘(2) TERMS.—A disqualification under para-
graph (1)—
‘‘(A) shall be for the same period as the
disqualification from the program referred to in
paragraph (1);
‘‘(B) may begin at a later date than the
disqualification from the program referred to in
paragraph (1); and
‘‘(C) shall not be subject to judicial or ad-
ministrative review.’’.
SEC. 3430. CASH GRANTS FOR NUTRITION EDUCATION.
Section 18 of the Child Nutrition Act of 1966 (42
U.S.C. 1787) is repealed.
SEC. 3431. NUTRITION EDUCATION AND TRAINING.
(a) FINDINGS.—Section 19 of the Child Nutrition
Act of 1966 (42 U.S.C. 1788) is amended—
619
(1) in subsection (a), by striking ‘‘that—’’ and
all that follows through the period at the end and
inserting ‘‘that effective dissemination of scientif-
ically valid information to children participating or
eligible to participate in the school lunch and related
child nutrition programs should be encouraged.’’;
and
(2) in subsection (b), by striking ‘‘encourage’’
and all that follows through ‘‘establishing’’ and in-
serting ‘‘establish’’.
(b) USE OF FUNDS.—Section 19(f) of the Act is
amended—
(1) in paragraph (1)—
(A) by striking subparagraph (B); and
(B) in subparagraph (A)—
(i) by striking ‘‘(A)’’;
(ii) by striking clauses (ix) through
(xix);
(iii) by redesignating clauses (i)
through (viii) and (xx) as subparagraphs
(A) through (H) and (I), respectively;
(iv) in subparagraph (I), as so redes-
ignated, by striking the period at the end
and inserting ‘‘; and’’; and
(v) by adding at the end the following:
626
SEC. 3502. SENSE OF THE CONGRESS.
It is the sense of the Congress that this title, and
the amendments made by this title, should not result in
an increase in the number of children who are hungry,
homeless, poor, or medically uninsured.
SEC. 3503. LEGISLATIVE ACCOUNTABILITY.
In the event that this title, or the amendments made
by this title, results in an increase in the number of chil-
dren in the United States who are hungry, homeless, poor,
or medically uninsured by the end of the fiscal year 1997,
the Congress—
(1) shall revisit the provisions of this title, or
the amendments made by this title, which caused
such increase; and
(2) shall, as soon as practicable thereafter, pass
legislation that stops the continuation of such in-
crease.
TITLE IV—COMMITTEE ON WAYS
AND MEANS: WELFARE REFORM
SEC. 4001. SHORT TITLE.
This title may be cited as the ‘‘Personal Responsibil-
ity and Work Opportunity Act of 1996’’.
SEC. 4002. TABLE OF CONTENTS.
Sec. 4001. Short title.
Sec. 4002. Table of contents.
Subtitle A—Block Grants for Temporary Assistance for Needy Families