H. R. 4—201
ment against the religious beliefs of the parent or legal guard-
ian; 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 partially upon spiritual means
rather than medical treatment, in accordance with the religious
beliefs of the parent or legal guardian.
‘‘(b) STATE REQUIREMENT.—Notwithstanding subsection (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 authority to initiate legal proceedings
in a court of competent jurisdiction, to provide medical care or
treatment for a child when such care or treatment is necessary
to prevent or remedy serious harm to the child, or to prevent
the withholding of medically indicated treatment from children
with life threatening conditions. Except with respect to the
withholding of medically indicated treatments from disabled 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. 305. REMOVAL OF BARRIERS TO INTERETHNIC ADOPTION.
‘‘(a) PURPOSE.—The purpose of this section is to decrease the
length of time that children wait to be adopted and to prevent
discrimination in the placement of children on the basis of race,
color, or national origin.
‘‘(b) MULTIETHNIC PLACEMENTS.—
‘‘(1) PROHIBITION.—A State or other entity that receives
funds from the Federal Government and is involved in adoption
or foster care placements may not—
‘‘(A) deny to any person the opportunity to become
an adoptive or a foster parent, on the basis of the race,
color, or national origin of the person, or of the child,
involved; or
‘‘(B) delay or deny the placement of a child for adoption
or into foster care, or otherwise discriminate in making
a placement decision, on the basis of the race, color, or
national origin of the adoptive or foster parent, or the
child, involved.
‘‘(2) PENALTIES.—
‘‘(A) STATE VIOLATORS.—
‘‘(i) IN GENERAL.—If the Secretary determines that
a State is in violation of paragraph (1), the Secretary
shall notify the State of such violation. The State shall
have 90 days from the date on which such notice
is received to correct such violation. During such 90-
day period, the Secretary shall provide technical assist-
ance to the State to assist such State in complying
with the requirements of paragraph (1).
‘‘(ii) FAILURE TO COMPLY.—If after the expiration
of the 90-day period described in clause (i) the Sec-
retary determines that the State continues to be in
violation of paragraph (1), the Secretary shall reduce
the amount due to the State for the succeeding fiscal
year under the block grant program under part B
of title IV of the Social Security Act by 10 percent.
H. R. 4—202
‘‘(B) PRIVATE VIOLATORS.—Any other entity that vio-
lates paragraph (1) during a period shall remit to the
Secretary all funds that were paid to the entity during
the period by a State from funds provided under this part.
‘‘(3) PRIVATE CAUSE OF ACTION.—
‘‘(A) IN
GENERAL.—Any individual who is aggrieved
by a violation of paragraph (1) by a State or other entity
may bring an action seeking relief in any United States
district court.
‘‘(B) STATUTE OF LIMITATIONS.—An action under this
paragraph may not be brought more than 2 years after
the date the alleged violation occurred.’’.
SEC. 752. 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.—’’
(2) by striking ‘‘and 1996’’ and inserting ‘‘1996, and 1997’’;
and
(3) by adding at the end thereof the following new sub-
section:
‘‘(b) EVALUATION.—The Administrator shall use not more than
5 percent of the amount appropriated for a fiscal year under sub-
section (a) to conduct an evaluation of the effectiveness of the
programs and activities established and operated under this title.’’.
(b) VICTIMS OF CHILD ABUSE ACT OF 1990.—Section 214B of
the Victims of Child Abuse Act of 1990 (42 U.S.C. 13004) is
amended—
(1) in subsection (a)(2), by striking ‘‘and 1996’’ and inserting
‘‘1996, and 1997’’; and
(2) in subsection (b)(2), by striking ‘‘and 1996’’ and inserting
‘‘1996 and 1997’’.
SEC. 753. 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) Section 553 of the Howard M. Metzenbaum Multiethnic
Placement Act of 1994 (42 U.S.C. 5115a).
(5) Subtitle F of title VII of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C. 11481 et seq.).
(b) CONFORMING AMENDMENTS.—
(1) RECOMMENDED LEGISLATION.—After consultation with
the appropriate committees of the Congress and the Director
of the Office of Management and Budget, the Secretary of
Health and Human Services shall prepare and submit to the
Congress a legislative proposal in the form of an implementing
bill containing technical and conforming amendments to reflect
the repeals made by this section.
(2) SUBMISSION TO CONGRESS.—Not later than 6 months
after the date of enactment of this chapter, the Secretary of
Health and Human Services shall submit the implementing
bill referred to under paragraph (1).
H. R. 4—203
TITLE VIII—CHILD CARE
SEC. 801. SHORT TITLE AND REFERENCES.
(a) SHORT TITLE.—This title may be cited as the ‘‘Child Care
and Development Block Grant Amendments of 1995’’.
(b) REFERENCES.—Except as otherwise expressly provided,
whenever in this title an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Child Care and Development Block Grant Act
of 1990 (42 U.S.C. 9858 et seq.).
SEC. 802. GOALS.
(a) GOALS.—Section 658A (42 U.S.C. 9801 note) is amended—
(1) in the section heading by inserting ‘‘AND GOALS’’ after
‘‘TITLE’’;
(2) by inserting ‘‘(a) SHORT TITLE.—’’ before ‘‘This’’; and
(3) by adding at the end the following:
‘‘(b) GOALS.—The goals of this subchapter are—
‘‘(1) to allow each State maximum flexibility in developing
child care programs and policies that best suit the needs of
children and parents within such State;
‘‘(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 informed choices about child
care;
‘‘(4) to assist States to provide child care to parents trying
to achieve independence from public assistance; and
‘‘(5) to assist States in implementing the health, safety,
licensing, and registration standards established in State
regulations.’’.
SEC. 803. AUTHORIZATION OF APPROPRIATIONS AND ENTITLEMENT
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 sub-
chapter $1,000,000,000 for each of the fiscal years 1996 through
2002.’’.
(b) SOCIAL SECURITY ACT.—Part A of title IV of the Social
Security Act (as amended by section 103) is amended—
(1) by redesignating section 418 as section 419; and
(2) by inserting after section 417, the following new section:
‘‘SEC. 418. FUNDING FOR CHILD CARE.
‘‘(a) GENERAL CHILD CARE ENTITLEMENT.—
‘‘(1) GENERAL ENTITLEMENT.—Subject to the amount appro-
priated 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 former section 403 for fiscal year 1994
H. R. 4—204
with respect to amounts expended for child care under
section—
‘‘(i) 402(g) of this Act (as such section was in effect
before October 1, 1995); and
‘‘(ii) 403(i) of this Act (as so in effect); or
‘‘(B) the average of the total amounts required 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
(5) and after grants are awarded under paragraph (1),
to make grants to States under this paragraph.
‘‘(B) AMOUNT.—Subject to subparagraph (C), the
amount of a grant awarded to a State for a fiscal year
under this paragraph shall be based on the formula used
for determining the amount of Federal payments to the
State under section 403(n) (as such section was in effect
before October 1, 1995).
‘‘(C) MATCHING
REQUIREMENT.—The Secretary shall
pay to each eligible State in a fiscal year an amount,
under a grant under subparagraph (A), equal to the Federal
medical assistance percentage for such State for fiscal year
1994 (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 subpara-
graph (A) for such year and the amount of State expendi-
tures in fiscal year 1994 that equal the non-Federal share
for the programs described in subparagraphs (A), (B) and
(C) of paragraph (1).
‘‘(3) APPROPRIATION.—There are authorized to be appro-
priated, and there are appropriated, to carry out this section—
‘‘(A) $1,300,000,000 for fiscal year 1997;
‘‘(B) $1,400,000,000 for fiscal year 1998;
‘‘(C) $1,500,000,000 for fiscal year 1999;
‘‘(D) $1,700,000,000 for fiscal year 2000;
‘‘(E) $1,900,000,000 for fiscal year 2001; and
‘‘(F) $2,050,000,000 for fiscal year 2002.
‘‘(4) REDISTRIBUTION.—With respect to any fiscal year, if
the Secretary determines that amounts under any grant
awarded to a State under this subsection for such fiscal year
will not be used by such State for carrying out the purpose
for which the grant is made, the Secretary shall make such
amounts available for carrying out such purpose to 1 or more
other States which apply for such funds to the extent the
Secretary determines that such other States will be able to
use such additional amounts for carrying out such purpose.
Such available amounts shall be redistributed to a State pursu-
ant to section 402(i) (as such section was in effect before October
1, 1995) by substituting ‘the number of children residing in
all States applying for such funds’ for ‘the number of children
residing in the United States in the second preceding fiscal
year’. Any amount made available to a State from an appropria-
tion for a fiscal year in accordance with the preceding sentence
shall, for purposes of this part, be regarded as part of such