‘‘(3) In the case of a child who is determined by a
qualified entity to be presumptively eligible for medical as-
sistance under a State plan, the parent, guardian, or other
person shall make application on behalf of the child for
medical assistance under such plan by not later than the
last day of the month following the month during which
the determination is made, which application may be the
application used for the receipt of medical assistance by
individuals described in section 1902(l)(1).
‘‘(d) Notwithstanding any other provision of this title,
medical assistance for items and services described in sub-
section (a) that—
‘‘(1) are furnished to a child—
‘‘(A) during a presumptive eligibility pe-
riod,
‘‘(B) by a entity that is eligible for pay-
ments under the State plan; and
‘‘(2) are included in the care and services cov-
ered by a State plan;
shall be treated as medical assistance provided by such
plan for purposes of section 1903.’’.
(b) 
CONFORMING
AMENDMENTS.—(1) 
Section
1902(a)(47) of such Act (42 U.S.C. 1396a(a)(47)) is
amended by inserting before the semicolon at the end the
following: ‘‘and provide for making medical assistance for
items and services described in subsection (a) of section
1920A available to children during a presumptive eligi-
bility period in accordance with such section’’.
(2) Section 1903(u)(1)(D)(v) of such Act (42 U.S.C.
1396b(u)(1)(D)(v)) is amended by inserting before the pe-
riod at the end the following: ‘‘or for items and services
described in subsection (a) of section 1920A provided to
a child during a presumptive eligibility period under such
section’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the date of the enactment
of this Act.
SEC. 102. AMENDMENT TO PUBLIC HEALTH SERVICE ACT.
(a) IN GENERAL.—Title XXVII of the Public Health
Service Act, as added by section 111(a) of the Health In-
surance Portability and Accountability Act of 1996, is
amended by inserting after section 2741 the following new
section:
‘‘SEC. 2741A. GUARANTEED AVAILABILITY OF INDIVIDUAL
HEALTH INSURANCE COVERAGE TO UNIN-
SURED CHILDREN.
‘‘(a) GUARANTEED AVAILABILITY.—
‘‘(1) IN GENERAL.—Subject to the succeeding
subsections of this section, each health insurance is-
suer that offers health insurance coverage (as de-
fined in section 2791(b)(1)) in the individual market
in a State, in the case of an eligible child (as defined
in subsection (b)) desiring to enroll in individual
health insurance coverage—
‘‘(A) may not decline to offer such cov-
erage to, or deny enrollment of, such child;
‘‘(B) either (i) does not impose any pre-
existing condition exclusion (as defined in sec-
tion 2701(b)(1)(A)) with respect to such cov-
erage, or (ii) imposes such a preexisting condi-
tion exclusion only to the extent such an exclu-
sion may be imposed under section 2701(a) in
the case of an individual who is not a late en-
rollee; and
‘‘(C) shall provide that the premium for
the coverage is determined in a manner so that
the ratio of the premium for such eligible chil-
dren to the premium for eligible individuals de-
scribed in section 2741(b) does not exceed the
ratio of the actuarial value of such coverage
(calculated based on a standardized population
and a set of standardized utilization and cost
factors) for children to such actuarial value for
such coverage for such eligible individuals.
‘‘(2) SUBSTITUTION BY STATE OF ACCEPTABLE
ALTERNATIVE
MECHANISM.—The requirement of
paragraph (1) shall not apply to health insurance
coverage offered in the individual market in a State
in which the State is implementing an acceptable al-
ternative mechanism under section 2744.
‘‘(b) ELIGIBLE CHILD DEFINED.—In this part, the
term ‘eligible child’ means an individual born after Sep-
tember 30, 1983, who has not attained 16 years of age
and—
‘‘(1) who is a citizen or national of the United
States, an alien lawfully admitted for permanent res-
idence, or an alien otherwise permanently residing in
the United States under color of law;
‘‘(2) who is not eligible for coverage under (A)
a group health plan, (B) part A or part B of title
XVIII of the Social Security Act, or (C) a State plan
under title XIX of such Act (or any successor pro-
gram), and does not have other health insurance
coverage; and
‘‘(3) with respect to whom the most recent cov-
erage (if any, within the 1-year period ending on the
date coverage is sought under this section) was not
terminated based on a factor described in paragraph
(1) or (2) of section 2712(b) (relating to nonpay-
ment of premiums or fraud).
For purposes of paragraph (2)(A), the term ‘group health
plan’ does not include COBRA continuation coverage.
‘‘(c) INCORPORATION OF CERTAIN PROVISIONS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2),
the provisions of subsections (c), (d), (e) and (f)
(other than paragraph (1)) of section 2741 and sec-
tion 2744 shall apply in relation to eligible children
under subsection (a) in the same manner as they
apply in relation to eligible individuals under section
2741(a).
‘‘(2) SPECIAL RULES FOR ACCEPTABLE ALTER-
NATIVE
MECHANISMS.—With respect to applying
section 2744 under paragraph (1)—
‘‘(A) 
the 
requirement 
in 
subsection
(a)(1)(B) shall be applied instead of the re-
quirement of section 2744(a)(1)(B);
‘‘(B) 
the 
requirement 
in 
subsection
(a)(1)(C) shall be applied instead of the re-
quirement of section 2744(a)(1)(D); and
‘‘(C) any deadline specified in such section
shall be 6 months after the deadline otherwise
specified.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect as if included in the enact-
ment of section 2741 of the Public Health Service Act
under section 111(a) of the Health Insurance Portability
and Accountability Act of 1996.
SEC. 103. DIABETES RESEARCH.
(a) FINDINGS.—The Congress finds as follows:
(1) Diabetes is a serious health problem in
America.
(2) More than 14,000,000 Americans suffer
from diabetes.
(3) Diabetes is the fourth leading cause of
death in America, taking the lives of 162,000 people
annually.
(4) Diabetes disproportionately affects minority
populations, 
especially 
African-Americans, 
His-
panics, and Native Americans.
(5) Diabetes is the leading cause of new blind-
ness, affecting up to 39,000 Americans each year.
(6) Diabetes is the leading cause of kidney fail-
ure requiring dialysis or transplantation, affecting
up to 13,000 Americans each year.
(7) Diabetes is the leading cause of nontrau-
matic amputations, affecting 54,000 Americans each
year.
(8) The cost of treating diabetes and its com-
plications are staggering for our Nation.
(9) Diabetes accounted for health expenditures
of $105,000,000,000 in 1992.
(10) Diabetes accounts for over 14 percent of
our Nation’s health care costs.
(11) Federal funds invested in diabetes re-
search over the last two decades has led to signifi-
cant advances and, according to leading scientists
and endocrinologists, has brought us to the thresh-
old of revolutionary discoveries which hold the poten-
tial to dramatically reduce the economic and social
burden of this disease.
(12) The National Institute of Diabetes and Di-
gestive and Kidney Diseases supports, in addition to
many other areas of research, genetic research, islet
cell transplantation research, and prevention and
treatment clinical trials focusing on diabetes. Other
research institutes within the National Institutes of
Health conduct diabetes-related research focusing on
its numerous complications, such as heart disease,
eye and kidney problems, amputations, and diabetic
neuropathy.
(b) NATIONAL INSTITUTES OF HEALTH; INCREASED
FUNDING REGARDING DIABETES.—With respect to the
conduct and support of diabetes-related research by the
National Institutes of Health—
(1) in addition to any other authorization of ap-
propriations that is available for such purpose for
the fiscal year involved, there are authorized to be
appropriated for such purpose such sums as may be
necessary for each of the fiscal years 1996 through
2000; and
(2) of the amounts appropriated under para-
graph (1) for such purpose for a fiscal year, the Di-
rector of the National Institutes of Health shall re-
serve—
(A) not less than $155,000,000 for such
purpose for the National Institute of Diabetes
and Digestive and Kidney Diseases; and
(B) not less than $160,000,000 for such
purpose for the other national research insti-
tutes.
SEC. 104. EXTENSION OF BONE MARROW PROGRAM; PROVI-
SION REGARDING BONE MARROW REGISTRY
AND CHILDREN OF MIXED ANCESTRY.
(a) PROVISION REGARDING CHILDREN OF MIXED
ANCESTRY.—Section 379(b)(3) of the Public Health Serv-
ice Act (42 U.S.C. 274k(b)(3)) is amended by inserting
‘‘, including children of mixed ancestry,’’ after ‘‘racial and
ethnic minority groups’’.
(b) EXTENSION OF BONE MARROW PROGRAM.—Sec-
tion 379(j) of the Public Health Service Act (42 U.S.C.
274k(j)) is amended—
(1) by striking ‘‘1991 and’’ and inserting
‘‘1991,’’; and
(2) by inserting before the period the following:
‘‘, $16,500,000 for fiscal year 1998, and such sums
as may be necessary for each of the fiscal years
1999 and 2000’’.
SEC. 105. GENETIC INFORMATION NONDISCRIMINATION IN
HEALTH INSURANCE
(a) AMENDMENTS TO EMPLOYEE RETIREMENT IN-
COME SECURITY ACT OF 1974.—
(1) IN GENERAL.—Subpart B of part 7 of sub-
title B of title I of the Employee Retirement Income
Security Act of 1974 is amended by inserting after
section 712 the following new section:
‘‘SEC. 713. PROHIBITION OF HEALTH INSURANCE DISCRIMI-
NATION ON THE BASIS OF GENETIC INFOR-
MATION.
‘‘(a) IN GENERAL.—In the case of benefits consisting
of medical care provided under a group health plan or in
the case of group health insurance coverage offered by a
health insurance issuer in connection with a group health
plan, the plan or issuer may not deny, cancel, or refuse
to renew such benefits or such coverage, or vary the pre-
miums, terms, or conditions for such benefits or such cov-
erage, for any participant or beneficiary under the plan—
‘‘(1) on the basis of genetic information; or
‘‘(2) on the basis that the participant or bene-
ficiary has requested or received genetic services.
‘‘(b) LIMITATION ON COLLECTION AND DISCLOSURE
OF INFORMATION.—
‘‘(1) IN GENERAL.—A group health plan, or a
health insurance issuer offering group health insur-
ance coverage in connection with a group health
plan, may not request or require a participant or
beneficiary (or an applicant for coverage as a partic-
ipant or beneficiary) to disclose to the plan or issuer
genetic information about the participant, bene-
ficiary, or applicant.
‘‘(2) REQUIREMENT
OF
PRIOR
AUTHORIZA-
TION.—A group health plan, or a health insurance
issuer offering health insurance coverage in connec-
tion with a group health plan, may not disclose ge-
netic information about a participant or beneficiary
(or an applicant for coverage as a participant or
beneficiary) without the prior written authorization
of the participant, beneficiary, or applicant or of the
legal representative thereof. Such authorization is
required for each disclosure and shall include an
identification of the person to whom the disclosure
would be made.
‘‘(c) DEFINITIONS.—For purposes of this section—
‘‘(1) GENETIC
INFORMATION.—The term ‘ge-
netic information’ means information about genes,
gene products, or inherited characteristics that may
derive from an individual or a family member of the
individual.
‘‘(2) GENETIC
SERVICES.—The term ‘genetic
services’ means health services provided to obtain,
assess, and interpret genetic information for diag-
nostic and therapeutic purposes, and for genetic
education and counselling.
‘‘(3) FAMILY
MEMBER.—The term ‘family
member’ means, with respect to an individual, an-
other individual related by blood to that individual,
or a spouse or adopted child of the individual.’’.
(2) DAMAGES.—Section 502(c) of such Act (29
U.S.C. 1132(c)) is amended by adding at the end
the following new paragraph:
‘‘(7) Any group health plan (as defined in section
733(a)) and any health insurance issuer (as defined in sec-
tion 733(b)(2)) who fails to meet the requirements of sec-
tion 713 with respect to any participant, beneficiary, or
applicant referred to in such section may in the court’s
discretion be liable to such participant, beneficiary, or ap-
plicant for compensatory, consequential, and punitive
damages.’’.
(3) CLERICAL AMENDMENT.—The table of con-
tents in section 1 of such Act is amended by insert-
ing after the item relating to section 712 the follow-
ing new item:
‘‘Sec. 713. Prohibition of health insurance discrimination on the basis of genetic
information.’’.
(4) EFFECTIVE DATE.—The amendments made
by this subsection shall apply with respect to group
health plans for plan years beginning after 1 year
after the date of the enactment of this Act.
(b) AMENDMENTS TO THE PUBLIC HEALTH SERVICE
ACT.—
(1) AMENDMENT
RELATING
TO
THE
GROUP
MARKET.—
(A) IN GENERAL.—Subpart 2 of part A of
title XXVII of the Public Health Service Act is
amended by inserting after section 2705 the fol-
lowing new section:
‘‘SEC. 2706. PROHIBITION OF HEALTH INSURANCE DIS-
CRIMINATION ON THE BASIS OF GENETIC IN-
FORMATION.
‘‘(a) IN GENERAL.—In the case of benefits consisting
of medical care provided under a group health plan or in
the case of group health insurance coverage offered by a
health insurance issuer in connection with a group health
plan, the plan or issuer may not deny, cancel, or refuse
to renew such benefits or such coverage, or vary the pre-
miums, terms, or conditions for such benefits or such cov-
erage, for any participant or beneficiary under the plan—
‘‘(1) on the basis of genetic information; or
‘‘(2) on the basis that the participant or bene-
ficiary has requested or received genetic services.
‘‘(b) LIMITATION ON COLLECTION AND DISCLOSURE
OF INFORMATION.—
‘‘(1) IN GENERAL.—A group health plan, or a
health insurance issuer offering group health insur-
ance coverage in connection with a group health
plan, may not request or require a participant or
beneficiary (or an applicant for coverage as a partic-
ipant or beneficiary) to disclose to the plan or issuer
genetic information about the participant, bene-
ficiary, or applicant.
‘‘(2) REQUIREMENT
OF
PRIOR
AUTHORIZA-
TION.—A group health plan, or a health insurance
issuer offering health insurance coverage in connec-
tion with a group health plan, may not disclose ge-
netic information about a participant or beneficiary
(or an applicant for coverage as a participant or
beneficiary) without the prior written authorization
of the participant, beneficiary, or applicant or of the
legal representative thereof. Such authorization is
required for each disclosure and shall include an
identification of the person to whom the disclosure
would be made.
‘‘(c) DEFINITIONS.—For purposes of this section—
‘‘(1) GENETIC
INFORMATION.—The term ‘ge-
netic information’ means information about genes,
gene products, or inherited characteristics that may
derive from an individual or a family member of the
individual.
‘‘(2) GENETIC
SERVICES.—The term ‘genetic
services’ means health services provided to obtain,
assess, and interpret genetic information for diag-
nostic and therapeutic purposes, and for genetic
education and counselling.
‘‘(3) FAMILY
MEMBER.—The term ‘family
member’ means, with respect to an individual, an-
other individual related by blood to that individual,
or a spouse or adopted child of the individual.’’.
(B) EFFECTIVE
DATE.—The amendment
made by this paragraph shall apply with respect
to group health plans for plan years beginning
after 1 year after the date of the enactment of
this Act.
(2) AMENDMENT RELATING TO THE INDIVID-
UAL MARKET.—
(A) IN GENERAL.—Subpart 3 of part B of
title XXVII of such Act is amended by inserting
after section 2751 the following new section:
‘‘SEC. 2752. PROHIBITION OF HEALTH INSURANCE DIS-
CRIMINATION ON THE BASIS OF GENETIC IN-
FORMATION.
‘‘The provisions of section 2705 shall apply to health
insurance coverage offered by a health insurance issuer
in the individual market in the same manner as it applies
to health insurance coverage offered by a health insurance
issuer in connection with a group health plan in the small
or large group market.’’.
(B) EFFECTIVE
DATE.—The amendment
made by this paragraph shall apply with respect
to health insurance coverage offered, sold, is-
sued, renewed, in effect, or operated in the indi-
vidual market after 1 year after the date of the
enactment of this Act.
(3) ACTION FOR DAMAGES.—Section 2761 of
such Act (29 U.S.C. 300gg–61) is amended by add-
ing at the end the following new subsection:
‘‘(c) ACTION FOR DAMAGES
‘‘(1) IN
GENERAL.—In any case in which a
group health plan or a health insurance issuer fails
to meet the applicable requirements of section 2706
or 2752 with respect to any individual who is a plan
participant or beneficiary in such a plan, a covered
individual, or an applicant for coverage, such indi-
vidual may bring a civil action under this section. In
any such action, such plan or issuer may in the
court’s discretion be liable to such individual for
compensatory, consequential, and punitive damages.
‘‘(2) ADDITIONAL PROVISIONS.—For purposes
of this subsection, the provisions of subsections (d),
(e), (f), (g), (h), and (j) of section 502 of the Em-
ployee Retirement Income Security Act of 1974 shall
apply in connection with such action, the plaintiff in
such action, and the Secretary of Health and
Human Services in the same manner and to the
same extent as such provisions apply in connection
with actions under such section 502, plaintiffs in
such actions, and the Secretary of Labor.’’.
(c) AMENDMENTS TO TITLE XVIII OF THE SOCIAL
SECURITY ACT RELATING TO MEDIGAP.—
(1) IN
GENERAL.—Section 1882(s)(2) of the
Social Security Act (42 U.S.C. 1395ss(s)) is amend-
ed by adding at the end the following new subpara-
graph:
‘‘(D)(i) An issuer of a medicare supplemental policy
(as defined in section 1882(g)) may not deny or condition
the issuance or effectiveness of the policy, and may not
discriminate in the pricing of the policy of an eligible indi-
vidual—
‘‘(I) on the basis of genetic information; or
‘‘(II) on the basis that the individual or a fam-
ily member of the individual has requested or re-
ceived genetic services.
‘‘(ii) For purposes of this subparagraph—
‘‘(I) The term ‘genetic information’ means in-
formation about genes, gene products, or inherited
characteristics that may derive from an individual or
a family member of the individual.
‘‘(II) The term ‘genetic services’ means health
services provided to obtain, assess, and interpret ge-
netic information for diagnostic and therapeutic pur-
poses, and for genetic education and counselling.
‘‘(III) The term ‘family member’ means, with
respect to an individual, another individual related
by blood to that individual, or a spouse or adopted
child of the individual.’’.
(2) ACTION FOR DAMAGES.—Section 1882(s) of
such Act is amended further by adding at the end
the following new paragraph:
‘‘(4)(A) In any case in which a medicare supple-
mental policy fails to meet the applicable requirements of
paragraph (2)(D) respect to any individual who is a cov-
ered individual or an applicant for coverage, such individ-
ual may bring a civil action under this paragraph. In any
such action, issuer of such policy may in the court’s discre-
tion be liable to such individual for compensatory, con-
sequential, and punitive damages.
‘‘(B) For purposes of this paragraph, the provisions
of subsections (d), (e), (f), (g), (h), and (j) of section 502
of the Employee Retirement Income Security Act of 1974
shall apply in connection with such action, the plaintiff
in such action, and the Secretary of Health and Human
Services in the same manner and to the same extent as
such provisions apply in connection with actions under
such section 502, plaintiffs in such actions, and the Sec-
retary of Labor.’’.
(3) EFFECTIVE DATE.—The amendments made
by this subsection shall apply with respect to medi-
care supplemental policies offered, sold, issued, re-
newed, in effect, or operated in the individual mar-
ket after 1 year after the date of the enactment of
this Act.
(d) AMENDMENTS OF INTERNAL REVENUE CODE OF
1986.—
(1) IN GENERAL.—Chapter 100 of the Internal
Revenue Code of 1986 (relating to group health plan
portability, access, and renewability requirements) is
amended by adding at the end the following new
subchapter:
‘‘Subchapter B—Prohibition of Discrimina-
tion By Group Health Plans on Basis of
Genetic Information
‘‘Sec. 9811. Prohibition of discrimination by group health plans
on basis of genetic information.
‘‘SEC. 9811. PROHIBITION OF DISCRIMINATION BY GROUP
HEALTH PLANS ON BASIS OF GENETIC IN-
FORMATION.
‘‘(a) IN GENERAL.—In the case of benefits consisting
of medical care provided under a group health plan or in
the case of group health insurance coverage offered by a
health insurance issuer in connection with a group health
plan, the plan or issuer may not deny, cancel, or refuse
to renew such benefits or such coverage, or vary the pre-
miums, terms, or conditions for such benefits or such cov-
erage, for any participant or beneficiary under the plan—
‘‘(1) on the basis of genetic information; or
‘‘(2) on the basis that the participant or bene-
ficiary has requested or received genetic services.
‘‘(b) LIMITATION ON COLLECTION AND DISCLOSURE
OF INFORMATION.—
‘‘(1) IN GENERAL.—A group health plan, or a
health insurance issuer offering group health insur-
ance coverage in connection with a group health
plan, may not request or require a participant or
beneficiary (or an applicant for coverage as a partic-
ipant or beneficiary) to disclose to the plan or issuer
genetic information about the participant, bene-
ficiary, or applicant.
‘‘(2) REQUIREMENT
OF
PRIOR
AUTHORIZA-
TION.—A group health plan, or a health insurance
issuer offering health insurance coverage in connec-
tion with a group health plan, may not disclose ge-
netic information about a participant or beneficiary
(or an applicant for coverage as a participant or
beneficiary) without the prior written authorization
of the participant, beneficiary, or applicant or of the
legal representative thereof. Such authorization is
required for each disclosure and shall include an
identification of the person to whom the disclosure
would be made.
‘‘(c) DEFINITIONS.—For purposes of this section—
‘‘(1) GENETIC
INFORMATION.—The term ‘ge-
netic information’ means information about genes,
gene products, or inherited characteristics that may
derive from an individual or a family member of the
individual.
‘‘(2) GENETIC
SERVICES.—The term ‘genetic
services’ means health services provided to obtain,
assess, and interpret genetic information for diag-
nostic and therapeutic purposes, and for genetic
education and counselling.
‘‘(3) FAMILY
MEMBER.—The term ‘family
member’ means, with respect to an individual, an-
other individual related by blood to that individual,
or a spouse or adopted child of the individual.’’.
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENTS.—
(A) Paragraph (1) of section 4980D(f) of
such Code (relating to failure to meet certain
group health plan requirements) is amended by
adding at the end the following new sentence:
‘‘For purposes of applying this section with re-
spect to the requirements of subchapter B of
chapter 100, the term ‘group health plan’ in-
cludes a health insurance issuer (within the
meaning of section 9811).’’
(B) Chapter 100 of such Code is amended
by striking the chapter heading and inserting
the following:
‘‘CHAPTER 100—REQUIREMENTS RELAT-
ING TO GROUP HEALTH PLANS, ETC.
‘‘Subchapter A. Group health plan portability, access, and renew-
ability requirements.
‘‘Subchapter B. Prohibition of discrimination by group health
plans on basis of genetic information.
‘‘Subchapter A—Group Health Plan Port-
ability, Access, and Renewability Re-
quirements’’.
(C) The table of chapters for such Code is
amended by striking the item relating to chap-
ter 100 and inserting the following new item:
Chapter 100. Requirements relating to group health plans, etc.’’
(D) Subsection (a) of section 4980D of
such Code is amended by striking ‘‘(relating to
group health plan portability, access, and re-
newability requirements)’’ and inserting ‘‘(relat-
ing to group health plans, etc., requirements)’’.
(3) EFFECTIVE DATE.—The amendments made
by this subsection shall apply with respect to group
health plans for plan years beginning after 1 year
after the date of the enactment of this Act.
SEC. 106. EATING DISORDERS INFORMATION AND EDU-
CATION.
(a) FINDINGS.—The Congress finds the following:
(1) Eating disorders include anorexia nervosa,
bulimia nervosa, and binge eating disorder, as well
as eating disorders not otherwise defined or yet iden-
tified.
(2) Eating disorders primarily affect women
and girls, to the point that dieting and body dis-
satisfaction is considered normative behavior even
among those considered average or underweight.
(3) Many girls begin dieting at a young age and
in large numbers, as revealed in one study where 80
percent of girls reported they had already been on
a diet to lose weight before age 13.
(4) Dieting at an early age can interfere with
normal physiological development and can lead to se-
rious eating disorders, which can result in cardiac
impairments, 
depression, 
substance 
abuse,
osteoporosis, infertility, amneorrhea, anemia, and
other medical conditions.
(5) Eating disorders can lead to death, with the
National Institute of Mental Health reporting that 1
in 10 people with anorexia nervosa die of starvation,
cardiac arrest, or other medical complications.
(6) There are effective treatments for some eat-
ing disorders, although medical authorities are un-
certain to what extent these disorders are caused by
physiological factors, by psychosocial factors, or by
both.
(b) PUBLIC INFORMATION AND EDUCATION ON EAT-
ING DISORDERS.—Subpart 3 of part B of title V of the
Public Health Service Act (42 U.S.C. 290bb–31 et seq.)
is amended by adding at the end the following section:
‘‘EATING DISORDERS
‘‘SEC. 520C. (a) INFORMATION AND EDUCATION.—
The Secretary, acting through the Director of the Center
for Mental Health Services, shall carry out a program to
provide information and education to the public on the
prevention and treatment of eating disorders.
‘‘(b) TOLL-FREE TELEPHONE COMMUNICATIONS.—
In carrying out subsection (a), the Secretary shall provide
for the operation of toll-free telephone communications to
provide information to the public on eating disorders, in-
cluding referrals for services for the prevention and treat-
ment of such disorders. Such communications shall be
available on a 24-hour, 7-day basis.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out this section, there are authorized
to be appropriated $2,000,000 for fiscal year 1998, and
such sums as may be necessary for each of the fiscal years
1999 and 2000.’’.
SEC. 107. MEDICARE SPECIAL REIMBURSEMENT RULE FOR
PRIMARY CARE COMBINED RESIDENCY PRO-
GRAMS.
(a) IN GENERAL.—Section 1886(h)(5)(G) of the So-
cial Security Act (42 U.S.C. 1395ww(h)(5)(G)) is amend-
ed—
(1) in clause (i), by striking ‘‘and (iii)’’ and in-
serting ‘‘, (iii), and (iv)’’; and
(2) by adding at the end the following:
‘‘(iv) SPECIAL
RULE
FOR
PRIMARY
CARE COMBINED RESIDENCY PROGRAMS.—
(I) In the case of a resident enrolled in a
combined medical residency training pro-
gram in which all of the individual pro-
grams (that are combined) are for training
a primary care resident (as defined in sub-
paragraph (H)), the period of board eligi-
bility shall be the minimum number of
years of formal training required to satisfy
the requirements for initial board eligibility
in the longest of the individual programs
plus one additional year.
‘‘(II) A resident enrolled in a com-
bined medical residency training program
that includes an obstetrics and gynecology
program qualifies for the period of board
eligibility under subclause (I) if the other
programs such resident combines with such
obstetrics and gynecology program are for
training a primary care resident.’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) apply to combined medical residency pro-
grams in effect on or after July 1, 1996.
SEC. 108. GRANDPARENT AND FAMILY CAREGIVER SUP-
PORT.
(a) WORK REQUIREMENTS NOT TO APPLY TO FAMI-
LIES HEADED BY AN ADULT NONPARENTAL RELATIVE
CAREGIVER.—
(1) WORK PARTICIPATION RATES TO BE DE-
TERMINED WITHOUT REGARD TO FAMILIES HEADED
BY
AN
ADULT
NONPARENTAL
RELATIVE
CAREGIVER.—Section 407(b) of the Social Security
Act (42 U.S.C. 607(b)), as added by section 103(a)
of the Personal Responsibility and Work Oppor-
tunity Reconciliation Act of 1996, is amended by
adding at the end the following:
‘‘(6) DISREGARD OF FAMILIES HEADED BY AN
ADULT
NONPARENTAL
RELATIVE
CAREGIVER.—In
determining the participation rates under this sub-
section, a State shall disregard any exempt family.’’.
(2) 
ADULT
NONPARENTAL
RELATIVE
CAREGIVER HEAD OF FAMILY EXEMPTED FROM PEN-
ALTIES FOR REFUSAL TO WORK.—Section 407(e) of
the Social Security Act (42 U.S.C. 607(e)), as added
by section 103(a) of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996, is
amended by adding at the end the following:
‘‘(3) EXCEPTION
FOR
ADULT
NONPARENTAL
RELATIVE
CAREGIVER
HEAD
OF
FAMILY.—Para-
graph (1) shall not apply to any exempt adult.’’.
(3) PROHIBITION
AGAINST
IMPOSITION
OF
WORK REQUIREMENTS.—Section 408(a) of the So-
cial Security Act (42 U.S.C. 608(a)), as added by
section 103(a) of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996, is
amended by adding at the end the following:
‘‘(12) PROHIBITION
AGAINST
IMPOSITION
OF
WORK REQUIREMENTS ON FAMILIES HEADED BY AN
ADULT
NONPARENTAL
RELATIVE
CAREGIVER.—A
State to which a grant is made under this part shall
not use any part of the grant to require an exempt
adult to work, or to otherwise penalize an exempt
adult or an exempt family for the refusal of an ex-
empt adult to work.
(4) PENALTY FOR IMPOSITION OF WORK RE-
QUIREMENTS.—Section 409(a) of the Social Security
Act (42 U.S.C. 609(a)), as added by section 103(a)
of the Personal Responsibility and Work Oppor-
tunity Reconciliation Act of 1996, is amended by re-
designating paragraph (12) as paragraph (13) and
inserting after paragraph (11) the following:
‘‘(12) PENALTY FOR IMPOSITION OF WORK RE-
QUIREMENTS ON FAMILIES HEADED BY AN ADULT
NONPARENTAL RELATIVE CAREGIVER.—If the Sec-
retary determines that a State to which a grant is
made under section 403 for a fiscal year has violated
section 408(a)(12) during the fiscal year, the Sec-
retary shall reduce the grant payable to the State
under section 403(a)(1) for the immediately succeed-
ing fiscal year by 5 percent.’’.
(b) TIME LIMITS NOT TO APPLY TO ADULT NON-
PARENTAL RELATIVE CAREGIVER HEADS OF FAMILIES.—
(1) INAPPLICABILITY
OF
TIME
LIMIT
PROVI-
SIONS.—
(A) 2-YEAR
WORK
PROVISION.—Section
402(a)(1)(A)(ii) of the Social Security Act (42
U.S.C. 602(a)(1)(A)(ii)), as added by section
103(a) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996, is
amended by inserting ‘‘, except as provided in
section 407(e)(3)’’ before the period.
(B) 5-YEAR LIMIT.—
(i) IN
GENERAL.—Section 408(a)(7)
of the Social Security Act (42 U.S.C.
608(a)(7)), as added by section 103(a) of
the Personal Responsibility and Work Op-
portunity Reconciliation Act of 1996, is
amended by redesignating subparagraphs
(E) and (F) as subparagraphs (F) and
(G), respectively, and by inserting after
subparagraph (D) the following:
‘‘(E) DISREGARD OF MONTHS OF ASSIST-
ANCE RECEIVED BY FAMILY HEAD WHO IS AN
ADULT NONPARENTAL RELATIVE CAREGIVER.—
In determining the number of months for which
an adult has received assistance under the
State program funded under this part, the
State shall disregard any month during which
the adult is an exempt adult.’’.
(ii) CONFORMING AMENDMENT.—Sec-
tion 408(a)(1)(B) of the Social Security
Act (42 U.S.C. 608(a)(1)(B)), as added by
section 103(a) of the Personal Responsibil-
ity and Work Opportunity Reconciliation
Act of 1996, is amended by striking ‘‘or
(D)’’ and inserting ‘‘, (D), or (E)’’.
(2) PROHIBITION AGAINST IMPOSITION OF TIME
LIMITS.—Section 408(a) of the Social Security Act
(42 U.S.C. 608(a)), as added by section 103(a) of
the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 and as amended by sub-
section (a)(3) of this section, is amended by adding
at the end the following:
‘‘(13) PROHIBITION
AGAINST
IMPOSITION
OF
TIME LIMITS ON FAMILIES HEADED BY AN ADULT
NONPARENTAL RELATIVE CAREGIVER.—A State to
which a grant is made under this part shall not use
any part of the grant to impose a limit on the dura-
tion of assistance to an exempt adult or an exempt
family under any Federal, State, or local program,
or to otherwise penalize an exempt adult or an ex-
empt family by reason of such status.
(3) PENALTY FOR IMPOSITION OF TIME LIM-
ITS.—Section 409(a) of the Social Security Act (42
U.S.C. 609(a)), as added by section 103(a) of the
Personal Responsibility and Work Opportunity Rec-
onciliation Act of 1996 and as amended by sub-
section (a)(4) of this section, is amended by redesig-
nating paragraph (13) as paragraph (14) and insert-
ing after paragraph (12) the following:
‘‘(13) PENALTY FOR IMPOSITION OF TIME LIM-
ITS ON FAMILIES HEADED BY AN ADULT NONPAREN-
TAL RELATIVE CAREGIVER.—If the Secretary deter-
mines that a State to which a grant is made under
section 403 for a fiscal year has violated section
408(a)(13) during the fiscal year, the Secretary
shall reduce the grant payable to the State under
section 403(a)(1) for the immediately succeeding fis-
cal year by 5 percent.’’.
(c) GRANTS TO STATES FOR ASSISTANCE PROVIDED
FOR ADULT NONPARENTAL RELATIVE CAREGIVERS.—
Section 403(a) of the Social Security Act (42 U.S.C.
607(b)), as added by section 103(a) of the Personal Re-
sponsibility and Work Opportunity Reconciliation Act of
1996, is amended by adding at the end the following:
‘‘(5) GRANTS
FOR
SUPPORT
PROVIDED
FOR
ADULT NONPARENTAL RELATIVE CAREGIVERS.—
‘‘(A) IN
GENERAL.—Each eligible State
shall be entitled to receive from the Secretary
a grant for each fiscal year in an amount equal
to the total amount expended by the State dur-
ing the immediately preceding fiscal year under
the State program funded under this part for
assistance to any exempt family or exempt
adult for any month for which the family or the
adult, in the absence of section 408(a)(7)(E),
would not be eligible for such assistance.
‘‘(B) APPROPRIATION.—Out of any money
in the Treasury of the United States not other-
wise appropriated, there are appropriated for
grants under this paragraph such sums as may
be necessary for each fiscal year.’’.
(d) DEFINITIONS.—Section 419 of the Social Secu-
rity Act (42 U.S.C. 607(b)), as added by section 103(a)
of the Personal Responsibility and Work Opportunity Rec-
onciliation Act of 1996, is amended by redesignating para-
graphs (2) through (5) as paragraphs (4) through (7), re-
spectively, and by inserting after paragraph (1) the follow-
ing:
‘‘(2) EXEMPT
ADULT.—The term ‘exempt
adult’ means an adult who is—
‘‘(A) living with and caring for a minor
child who is related to (but not a biological
child of) the adult; and
‘‘(B) the head of a family that—
‘‘(i) does not include a parent of any
such minor child; and
‘‘(ii) does not include a biological child
of the adult.
‘‘(3) EXEMPT FAMILY.—The term ‘exempt fam-
ily’ means a family which—
‘‘(A) is headed by an adult who is living
with and caring for a minor child who is related
to (but not a biological child of) the adult;
‘‘(B) does not include a parent of any such
minor child; and
‘‘(C) does not include a biological child of
the adult.’’.
(e) EFFECTIVE DATE.—The amendments made by
this section shall take effect as if included in the enact-
ment of the Personal Responsibility and Work Oppor-
tunity Reconciliation Act of 1996.
TITLE II—CARING FOR FAMILIES
SEC. 201. INTERGENERATIONAL FOSTER CARE HOUSING
DEMONSTRATION.
(a) IN GENERAL.—The Secretary of Housing and
Urban Development and the Secretary of Health and
Human Services shall jointly carry out a program to dem-
onstrate the effectiveness of providing assistance to pri-
vate 
nonprofit 
organizations 
for 
development 
of
intergenerational foster care housing and for providing
foster care services in such housing.
(b) GRANTS.—
(1) IN
GENERAL.—Under the demonstration
program under this section, the Secretaries shall
make grants in fiscal year 1998 to the private non-
profit organizations selected under subsection (c)
using amounts made available pursuant to sub-
section (h). In making the grants, the Secretaries
shall designate the portion of the grant amounts for
each grantee that are housing grant amounts and
the portion that are foster care grant amounts.
(2) LIMITATION
ON
AMOUNT.—Of the total
amount made available under subsection (h) for
grants under this section, not less than 10 percent
and not more than 35 percent may be used for a
grant for any single grantee.
(c) SELECTION
OF GRANTEES.—The Secretaries
shall jointly select 5 private nonprofit organizations to re-
ceive grants under the demonstration program under this
section. The organizations shall be selected on the basis
of their capacity to provide intergenerational foster care
housing, as evidenced by such plans and applications as
the Secretaries may require.
(d) USE OF AMOUNTS.—
(1) 
HOUSING
GRANT
AMOUNTS.—Grant
amounts provided to a grantee from housing grant
amounts under subsection (h)(1) may be used by the
grantee only for activities relating to the acquisition,
construction, or rehabilitation of housing that will be
used as intergenerational foster care housing, includ-
ing costs of planning, design, financing, and equip-
ment.
(2) FOSTER
CARE
GRANT
AMOUNTS.—Grant
amounts provided to a grantee from foster care
grant amounts under subsection (h)(2) may be used
only for activities to provide foster care services in
connection with intergenerational foster care hous-
ing, including counseling for foster care children and
resident elderly volunteers, training and education
for staff, resident foster care parents, and resident
elderly volunteers, adoption services, and living ex-
penses for foster care children.
(e) INTERGENERATIONAL FOSTER CARE HOUSING.—
For purposes of this section, intergenerational foster care
housing is housing that is used, for a period of not less
than 10 years beginning upon the provision of assistance
for the housing with grant amounts under this section—
(1) to provide a foster family home for children,
which—
(A) is licensed by the State in which it is
situated or has been approved, by the agency of
such State having responsibility for licensing
homes of such type, as meeting the standards
established for such licensing;
(B) is staffed by professional foster par-
ents; and
(C) provides housing for foster children in
a setting permitting the such children to reside
together with any of their siblings who are also
foster care children and the professional foster
parents until a permanent home is found;
(D) provides food, clothing, shelter, daily
supervision, and other essential needs for foster
children; and
(E) provides ongoing education and train-
ing for staff, resident elderly volunteers, other
volunteers engaged in providing foster care
services, and resident foster parents;
(2) includes dwelling units that—
(A) are made available for occupancy only
by elderly persons (and their spouses) who are
low-income families and have agreed to volun-
teer in providing companionship and foster care
services for foster care children residing in or
served by the housing; and
(B) are rented to such elderly families at
rates that are affordable to such families; and
(3) has appropriate design features, which may
include community space, that permit the use of the
housing for the purposes under subparagraphs (A)
and (B) and facilitate the interaction of the elderly
persons and foster children residing in the housing.
(f) REPORTS.—For each of fiscal years 1998, 1999,
and 2000, each grantee under the demonstration program
under this section shall submit to the Secretaries a report
for such fiscal year regarding the use of grant amounts
received by the grantee and the operation of the
intergenerational foster care housing assisted with the
grant amounts. Not later than December 31, 2000, the
Secretaries shall jointly prepare and submit to the Con-
gress a report describing the use of grant amounts pro-
vided under this section and analyzing the effectiveness
of the program and the housing assisted under the pro-
gram.
(g) DEFINITIONS.—For purposes of this section the
following definitions shall apply:
(1) ELDERLY PERSON.—The term ‘‘elderly per-
son’’ means a person who is at least 62 years of age.
(2) GRANTEE.—The term ‘‘grantee’’ means a
private nonprofit organization that receives a grant
under this section pursuant to selection under sub-
section (c).
(3) LOW-INCOME FAMILY.—The term ‘‘low-in-
come family’’ means a family or individual whose in-
come does not exceed 80 percent of the area median
income.
(4) PRIVATE NONPROFIT ORGANIZATION.—The
term ‘‘private nonprofit organization’’ means a pri-
vate organization that—
(A) is organized under State or local laws;
(B) has no part of its net earnings inuring
to the benefit of any member, shareholder,
founder, contributor, or individual;
(C) complies with standards of financial
accountability acceptable to the Secretaries.
(5) SECRETARIES.—The term ‘‘Secretaries’’
means the Secretary of Housing and Urban Develop-
ment and the Secretary of Health and Human Serv-
ices.
(h) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated for grants under the
demonstration program under this section $40,000,000
for fiscal year 1998. Of any amounts appropriated for
such grants—
(1) 75 percent shall be housing grant amounts,
which shall be used only as provided in subsection
(d)(1); and
(2) 25 percent shall be foster care grant
amounts, which shall be used only as provided in
subsection (d)(2).
(i) REQUIREMENTS.—The Secretaries shall jointly
issue any requirements necessary to carry out the dem-
onstration program under this section.
SEC. 202. MIDDLE CLASS CHILD CARE AFFORDABILITY.
(a) INCREASE OF CERTAIN LIMITATIONS APPLICA-
BLE TO CHILD CARE CREDIT.—
(1) INCREASE OF AMOUNT OF EMPLOYMENT-
RELATED EXPENSES TAKEN INTO ACCOUNT.—Sub-
section (c) of section 21 of the Internal Revenue
Code of 1986 (relating to expenses for household
and dependent care services necessary for gainful
employment) is amended—
(A) in paragraph (1), by striking ‘‘$2,400’’
and inserting ‘‘$3,600’’, and
(B) in paragraph (2), by striking ‘‘$4,800’’
and inserting ‘‘$5,400’’.
(2) INCREASE OF AMOUNT AT WHICH PHASE-
DOWN OF PERCENTAGE BEGINS.—Paragraph (2) of
section 21(a) of such Code is amended by striking
‘‘$10,000’’ and inserting ‘‘$20,000’’.
(3) EFFECTIVE DATE.—The amendments made
by this subsection shall apply to taxable years begin-
ning after December 31, 1997.
(b) OFFSET
PROVISIONS
REGARDING
FOREIGN
SALES CORPORATIONS.—
(1) ELIMINATION OF EXCLUSION.—Section 921
of the Internal Revenue Code of 1986 (relating to
exempt foreign trade income excluded from gross in-
come) is amended by adding at the end the following
new subsection:
‘‘(e) TERMINATION.—This section shall not apply to
any taxable year beginning after December 31, 1995.’’
(2) ELIMINATION OF SPECIAL DIVIDENDS RE-
CEIVED DEDUCTION.—Section 245 of such Code (re-
lating to dividends received from certain foreign cor-
porations) is amended by striking subsection (c).
(3) EFFECTIVE DATES.—
(A) EXCLUSION.—The amendment made
by paragraph (1) shall apply to taxable years
beginning after December 31, 1997.
(B) DIVIDENDS RECEIVED DEDUCTION.—
The amendment made by paragraph (2) shall
apply to dividends distributed out of earnings
and profits attributable to taxable years begin-
ning after December 31, 1997.
SEC. 203. LEAVE FOR ADOPTED AND FOSTER CHILDREN.
If an employer provides to an employee who is a par-
ent leave, in addition to the leave required by the Family
and Medical Leave Act of 1993, for the birth of a child,
such employer shall provide the same leave to an employee
who is a parent for an adopted child or a foster child.
For purposes of enforcement such additional leave shall
be considered leave required to be provided under section
102 of such Act.
SEC. 204. STATES REQUIRED TO HAVE STANDBY GUARD-
IANSHIP LAW AS A CONDITION OF ELIGI-
BILITY FOR FEDERAL FUNDS FOR FOSTER
CARE AND ADOPTION ASSISTANCE.
(a) IN GENERAL.—Part E of title IV of the Social
Security Act (42 U.S.C. 670–679) is amended by inserting
after section 477 the following:
‘‘SEC. 478. STANDBY GUARDIANSHIP LAWS AND PROCE-
DURES.
‘‘To be eligible for payments under this part, a State
must have in effect laws and procedures that permit any
parent who is chronically ill or near death, without surren-
dering parental rights, to designate a standby guardian
for the parent’s minor children, whose authority would
take effect upon—
‘‘(1) the death of the parent;
‘‘(2) the mental incapacity of the parent; or
‘‘(3) the physical debilitation and consent of the
parent.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect at the end of the first cal-
endar quarter that begins 60 or more months after the
date of the enactment of this Act, and shall apply to pay-
ments under part E of title IV of the Social Security Act
for the quarter and payments made under such part for
any succeeding quarter.
SEC. 205. OMNIBUS FOSTER CARE IMPROVEMENT.
(a) REQUIREMENT
THAT
STATES
ADMINISTER
QUALIFYING EXAMINATIONS TO ALL STATE EMPLOYEES
WITH NEW AUTHORITY TO MAKE DECISIONS REGARD-
ING CHILD WELFARE SERVICES.—Section 474 of the So-
cial Security Act (42 U.S.C. 674) is amended by adding
at the end the following:
‘‘(d) The Secretary may not make a payment to a
State under subsection (a) for any calendar quarter begin-
ning after the 18-month period that begins with the date
of the enactment of this subsection, unless the State has
in effect procedures to ensure that, before the State pro-
vides to a prospective child welfare decisionmaker the au-
thority to make decisions regarding child welfare services,
the individual must take and pass an examination, admin-
istered by the State, that tests knowledge of such subjects
as child development, family dynamics, dysfunctional be-
havior, substance abuse, child abuse, and community ad-
vocacy. As used in the preceding sentence, the term ‘pro-
spective child welfare decisionmaker’ means an individual
who, on the date of the enactment of this subsection, does
not have any authority to make a decision regarding child
welfare services.’’.
(b) PROCEDURES TO EXPEDITE THE PERMANENT
PLACEMENT OF FOSTER CHILDREN.—
(1) IN GENERAL.—Section 474 of the Social
Security Act (42 U.S.C. 674), as amended by sub-
section (a) of this section, is amended by adding at
the end the following:
‘‘(e) The Secretary may not make a payment to a
State for a calendar quarter under subsection (a) unless
the State has in effect procedures requiring the State
agency, at the time a child is removed from a home and
placed in foster care under the supervision of the State,
to locate any parent of the child who is not living at the
home, and evaluate the ability of the parent to provide
a suitable home for the child.’’.
(2) APPLICABILITY.—The amendment made by
paragraph (1) of this subsection shall not apply with
respect to any child who, on the date of the enact-
ment of this Act, is in foster care under the super-
vision of a State (as defined in section 1101(a)(1)
of the Social Security Act for purposes of title IV of
such Act).
(c) PLACEMENT OF FOSTER CHILDREN IN PERMA-
NENT KINSHIP CARE ARRANGEMENTS.
(1) STATE OPTION TO DEEM KINSHIP PLACE-
MENT AS ADOPTION.—Section 473(a) of the Social
Security Act (42 U.S.C. 673(a)) is amended by add-
ing at the end the following:
‘‘(7) If a State places a child (who has been in foster
care under the supervision of the State) with a blood rel-
ative of the child or of a half-sibling of the child, and
transfers legal custody of the child to the relative, pursu-
ant to a written agreement, entered into between the State
and the relative, that contains provisions of the type de-
scribed in section 475(3), then, at the option of the State,
for purposes of this part—
‘‘(A) the placement is deemed an adoption;
‘‘(B) the initiation of the proceeding to so place
the child is deemed an adoption proceeding;
‘‘(C) the relative is deemed the adoptive parent
of the child;
‘‘(D) the agreement is deemed an adoption as-
sistance agreement;
‘‘(E) the payments made under the agreement
are deemed to be adoption assistance payments; and
‘‘(F) any reasonable and necessary court costs,
attorneys fees, and other expenses which are directly
related to the placement or the transfer of legal cus-
tody and are not in violation of State or Federal law
are deemed nonrecurring adoption expenses.’’.
(2) CONSIDERATION
OF
KINSHIP
PLACEMENT
OPTION
AT
DISPOSITIONAL
HEARING.—Section
475(5)(C) of such Act (42 U.S.C. 675(5)(C)) is
amended by inserting ‘‘should be placed with a rel-
ative of the child as provided in section 473(a)(7),’’
before ‘‘should be placed for adoption’’.
(d) FEDERAL FUNDS FOR FOSTER CARE AND ADOP-
TION ASSISTANCE AVAILABLE ONLY TO STATES THAT
REQUIRE STATE AGENCIES, IN CONSIDERING APPLICA-
TIONS TO ADOPT CERTAIN FOSTER CHILDREN, TO GIVE
PREFERENCE TO APPLICATIONS OF A FOSTER PARENT
OR CARETAKER RELATIVE OF THE CHILD.—Section 474
of the Social Security Act (42 U.S.C. 674), as amended
by subsections (a) and (b) of this section, is amended by
adding at the end the following:
‘‘(f) Notwithstanding any other provision of this sec-
tion, the Secretary may not make any payment to a State
under this section, for any calendar quarter ending after
the 5-year period that begins with the date of the enact-
ment of this subsection, unless the State has in effect laws
and procedures requiring a State agency to complete the
processing of an application to adopt a child who is in
foster care under the responsibility of the State that has
been submitted by a foster parent or caretaker relative of
the child, before completing the processing of any other
application to adopt the child if—
‘‘(1) a court has approved a permanent plan for
adoption of the child, or the child has been freed for
adoption; and
‘‘(2) the agency with authority to place the
child for adoption determines that—
‘‘(A) the child has substantial emotional
ties to the foster parent or caretaker relative, as
the case may be; and
‘‘(B) removal of the child from the foster
parent or caretaker relative, as the case may be,
would be seriously detrimental to the well-being
of the child.’’.
(e) EFFECTIVE DATE.—The amendments made by
this section shall apply to payments under part E of title
IV of the Social Security Act for quarters beginning after
the date of the enactment of this Act.
SEC. 206. WORKING FAMILIES CHILD CARE.
(a) FINDINGS.—Congress makes the following find-
ings:
(1) Availability and affordability of quality child
care is a major obstacle for working parents who
struggle to remain self-sufficient.
(A) Compared to all other income groups,
the working poor are the least likely to receive
assistance with their child care costs.
(B) Low-income families spend 24 percent
of their household income on child care, where-
as middle-income families spend 6 percent of
their household income on child care.
(C) 38 States have waiting lists for child
care for the working poor. Among those States,
Georgia has 41,000 individuals on its waiting
list, Texas has 36,000 individuals on its waiting
list, and Illinois and Alabama each have 20,000
individuals on their waiting lists.
(D) One survey of low-income families on
a waiting list for subsidized child care found
that of those families paying for child care out
of their own funds, 71 percent faced serious
debt or bankruptcy.
(E) Half of the States and the District of
Columbia, even before the enactment of the
Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (Public Law 104–
193, 110 Stat. 2105) during the 104th Con-
gress, increased the proportion of child care
slots or dollars going to families on welfare,
rather than to working poor families.
(2) The Congressional Budget Office estimates
that there will be $1,400,000,000 less expenditures
of child care funds for working poor families as a re-
sult of the States implementing the work require-
ments imposed under the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996
(Public Law 104–193, 110 Stat. 2105).
(3) Important types of child care are not avail-
able in certain States including infant care, school-
age care, care for children with disabilities and spe-
cial health care needs, and child care for parents
with unconventional or shifting work hours.
(A) A 1995 State study by the Comptroller
General of the United States found a shortage
of child care for infants and children with spe-
cial needs in inner cities, and a shortage of all
types of child care in rural areas.
(B) Only one-third of the schools in low-in-
come neighborhoods offer school-age child care,
compared with 52 percent of schools in more
affluent areas offering such care.
(C) Eighth-graders who are left home
alone for 11 or more hours a week report sig-
nificantly greater use of cigarettes, alcohol, and
marijuana than eighth-graders who are not left
home alone.
(D) Existing child care arrangements do
not accommodate the work schedules of many
working women. According to a 1995 statistic
published 
by 
the 
Department 
of 
Labor,
14,300,000 workers, nearly 1 in 5 full-time
workers work nonstandard hours, and more
than 1 in 3 of those workers are women.
(E) Only 10 percent of child care centers
and 6 percent of family day care providers offer
child care on weekends. Yet one-third of work-
ing mothers with annual incomes below the pov-
erty level and one-quarter of mothers with an-
nual incomes above the poverty level but below
$25,000 work on weekends.
(F) Less than 30 percent of Head Start
programs operate on a full-time, full-year basis.
(b) AUTHORIZATION
OF
APPROPRIATIONS
FOR
CHILD CARE FOR LOW-INCOME WORKING FAMILIES AND
FOR CHILD CARE SUPPLY SHORTAGES.—Section 658B of
the Child Care Development Block Grant Act of 1990 (42
U.S.C. 9858) is amended—
(1) by inserting ‘‘(excluding subparagraphs (E)
and (F) of section 658E(c)(3))’’ after ‘‘subchapter’’,
(2) by inserting ‘‘(a)’’ before ‘‘There’’, and
(3) and by adding at the end the following:
‘‘(b) There is authorized to be appropriated to pro-
vide child care services under this chapter to satisfy the
requirement 
specified 
in 
section 
658E(c)(3)(E)
$1,400,000,000 for each of the fiscal years 1997 through
2002.
‘‘(c) There is authorized to be appropriated to carry
out child care activities under this chapter to satisfy the
requirement 
specified 
in 
section 
658E(c)(3)(F)
$500,000,000 for each of the fiscal years 1997 through
2002.’’.
(c) EXPENDITURES FOR CHILD SERVICES CARE FOR
LOW-INCOME WORKING FAMILIES AND FOR CHILD CARE
SUPPLY SHORTAGES.—
(1) REQUIRED STATE EXPENDITURES.—Section
658E(c)(3) of the Child Care Development Block
Grant Act of 1990 (42 U.S.C. 9858c(c)(3)) is
amended by adding at the end the following:
‘‘(E) CHILD CARE FOR CERTAIN LOW-IN-
COME WORKING FAMILIES.—A State shall en-
sure that 100 percent of amounts paid to the
State out of funds appropriated under section
658B(b) with respect to each of the fiscal years
1997 through 2002 shall be used to provide
child care services for families who have left the
State program of assistance under part A of
title IV of the Social Security Act because of
employment, families that are at risk of becom-
ing dependent on such assistance program, and
low-income working families described in section
subparagraph (D).
‘‘(F) CHILD CARE SUPPLY SHORTAGES.—
‘‘(i) IN GENERAL.—A State shall en-
sure that 100 percent of amounts paid to
the State out of funds appropriated under
section 658B(c) with respect to each of the
fiscal years 1997 through 2002 shall be
used to carry out child care activities de-
scribed in clause (ii) in geographic areas
within the State that have a shortage, as
determined by the State, in consultation
with localities, of child care services.
‘‘(ii) CHILD
CARE
ACTIVITIES
DE-
SCRIBED.—The child care activities de-
scribed in this clause include the following:
‘‘(I) Infant care programs.
‘‘(II) Before- and after-school
child care programs.
‘‘(III) Resource and referral pro-
grams.
‘‘(IV) Nontraditional work hours
child care programs.
‘‘(V) Extending the hours of pre-
kindergarten programs to provide full-
day services.
‘‘(VI) Any other child care pro-
grams that the Secretary determines
are appropriate.’’.
(2) 
CONFORMING
AMENDMENT.—Section
658E(c)(3)(A) of the Child Care Development Block
Grant Act of 1990 (42 U.S.C. 9858c(c)(3)(A)) is
amended by striking ‘‘(D)’’ and inserting ‘‘(F)’’.
(d) REPORT ON ACCESS TO CHILD CARE BY LOW-
INCOME WORKING FAMILIES.—
(1) STATE REPORTING REQUIREMENT.—Section
658K(a)(2) of the Child Care Development Block
Grant Act of 1990 (42 U.S.C. 9858i(a)(2)) is
amended—
(A) in subparagraph (D), by striking
‘‘and’’ at the end; and
(B) by inserting after subparagraph (E),
the following:
‘‘(F) the total number of families described
in section 658B(b) that were eligible for but did
not receive assistance under this subchapter or
under section 418 of the Social Security Act
and a description of the obstacles to providing
such assistance; and
‘‘(G) the total number of families described
in section 658B(b) that received assistance pro-
vided under this subchapter or under section
418 of the Social Security Act and a description
of the manner in which that assistance was pro-
vided;’’.
(2) SECRETARIAL REPORTING REQUIREMENT.—
Section 658L of the Child Care Development Block
Grant Act of 1990 (42 U.S.C. 9858j) is amended by
inserting ‘‘, with particular emphasis on access of
low-income working families,’’ after ‘‘public’’.
TITLE III—FAMILY SAFETY
SEC. 301. PREVENTION OF DATE RAPE.
(a) DRUG RESCHEDULING.—The Attorney General
shall schedule Gamma y-hydroxybutyrate in schedule I of
the Controlled Substances Act (21 U.S.C. 812) and shall
schedule Ketamine in schedule II of such Act.
(b) EDUCATION AND DRUG ABUSE PREVENTION.—
The Attorney General shall establish programs throughout
the United States and disseminate materials to provide
young people in high school and college with education
about the use of controlled substances in the furtherance
of rape and sexual assault and shall assist law enforce-
ment personnel in the prevention of abuse of controlled
substances for such purpose.
SEC. 302. CHILD ABUSE ACCOUNTABILITY ACT.
(a) CREATION OR ASSIGNMENT OF RIGHTS TO BENE-
FITS UNDER QUALIFIED CHILD ABUSE ORDERS.—Sec-
tion 206(d)(3)(A) of the Employee Retirement Income Se-
curity Act of 1974 (29 U.S.C. 1056(d)(3)(A)) is amend-
ed—
(1) by inserting ‘‘or a child abuse order’’ after
‘‘a domestic relations order’’;
(2) by inserting ‘‘or a qualified child abuse
order’’ after ‘‘a qualified domestic relations order’’;
and
(3) by inserting ‘‘or any qualified child abuse
order’’ after ‘‘any qualified domestic relations
order’’.
(b) QUALIFIED CHILD ABUSE ORDERS.—Section
206(d)(3)(B) of such Act (29 U.S.C. 1056(d)(3)(B)) is
amended—
(1) in clause (i), by striking ‘‘the term’’ and in-
serting ‘‘The term’’, and by striking ‘‘, and’’ at the
end and inserting a period;
(2) in clause (ii), by striking ‘‘the term’’ and in-
serting ‘‘The term’’; and
(3) by adding at the end the following new
clauses:
‘‘(iii) The term ‘qualified child abuse order’
means a child abuse order—
‘‘(I) which creates or recognizes the
existence of an alternate payee’s right to,
or assigns to an alternate payee the right
to, receive all or a portion of the benefits
payable with respect to a participant under
a plan, and
‘‘(II) with respect to which the re-
quirements of subparagraphs (C) and (D)
are met.
‘‘(iv) The term ‘child abuse order’ means
any court order or other similar process for the
enforcement of a judgment rendered against a
participant or beneficiary under a plan for
physically, sexually, or emotionally abusing a
child. For purposes of this clause—
‘‘(I) The term ‘judgment rendered for
physically, sexually, or emotionally abusing
a child’ means any legal claim perfected
through a final enforceable judgment,
which claim is based in whole or in part
upon the physical, sexual, or emotional
abuse of a child, whether or not that abuse
is accompanied by other actionable wrong-
doing, such as sexual exploitation or gross
negligence.
‘‘(II) The term ‘child’ means an indi-
vidual under 18 years of age.’’.
(c) 
EXEMPTION
FROM
PREEMPTION.—Section
514(b)(7) of such Act (29 U.S.C. 1144(b)(7)) is amended
by inserting ‘‘or qualified child abuse orders (within the
meaning of section 206(d)(3)(B)(iii))’’ before the period.
(d) CONFORMING AMENDMENTS TO ERISA.—Sec-
tion 206(d)(3) of such Act (29 U.S.C. 1056(d)(3)) is
amended—
(1) in subparagraph (C), by inserting ‘‘or child
abuse order’’ after ‘‘A domestic relations order’’;
(2) in subparagraph (D), by inserting ‘‘or child
abuse order’’ after ‘‘A domestic relations order’’;
(3) in subparagraph (E)(i), by inserting ‘‘or
child abuse order’’ after ‘‘A domestic relations
order’’;
(4) in subparagraph (G)(i), by inserting ‘‘or
child abuse order’’ after ‘‘any domestic relations
order’’, by inserting ‘‘or child abuse orders’’ in sub-
clause (I) after ‘‘domestic relations orders’’, and by
inserting ‘‘or a qualified child abuse order’’ in sub-
clause (II) after ‘‘a qualified domestic relations
order’’;
(5) in subparagraph (G)(ii), by inserting ‘‘and
child abuse orders’’ after ‘‘domestic relations or-
ders’’, by inserting ‘‘or child abuse order’’ after ‘‘do-
mestic relations order’’ each place it appears in sub-
clauses (II) and (III);
(6) in subparagraph (H)(i), by inserting ‘‘or
whether a child abuse order is a qualified child
abuse order’’ after ‘‘whether a domestic relations
order is a qualified domestic relations order’’, and by
inserting ‘‘or a qualified child abuse order’’ after ‘‘to
be a qualified domestic relations order’’;
(7) in subparagraph (H)(ii), by inserting ‘‘or a
qualified child abuse order’’ after ‘‘a qualified do-
mestic relations order’’;
(8) in subparagraph (H)(iii), by inserting ‘‘or a
qualified child abuse order’’ after ‘‘a qualified do-
mestic relations order’’ each place it appears in sub-
clauses (I) and (II);
(9) in subparagraph (H)(iv), by inserting ‘‘or a
qualified child abuse order’’ after ‘‘a qualified do-
mestic relations order’’;
(10) in subparagraph (H)(v), by inserting ‘‘or
child abuse order’’ after ‘‘the domestic relations
order’’;
(11) in subparagraph (I)(i), by inserting ‘‘or
child abuse order’’ after ‘‘a domestic relations
order’’, and by inserting ‘‘or qualified child abuse
order’’ after ‘‘a qualified domestic relations order’’;
(12) in subparagraph (J), by inserting ‘‘or a
qualified child abuse order’’ after ‘‘a qualified do-
mestic relations order’’;
(13) in subparagraph (K), by inserting ‘‘or
child abuse order’’ after ‘‘a domestic relations
order’’; and
(14) in subparagraph (M), by inserting ‘‘or a
qualified child abuse order’’ after ‘‘a qualified do-
mestic relations order’’.
(e) CREATION OR ASSIGNMENT OF RIGHTS TO BENE-
FITS UNDER QUALIFIED CHILD ABUSE ORDERS.—Sub-
paragraph (B) of section 401(a)(13) of the Internal Reve-
nue Code of 1986 (relating to assignment of benefits) is
amended—
(1) by inserting ‘‘OR CHILD ABUSE ORDERS’’
after ‘‘DOMESTIC
RELATIONS
ORDERS’’ in the
heading;
(2) by inserting ‘‘or a child abuse order’’ after
‘‘a domestic relations order’’; and
(3) by inserting ‘‘or a qualified child abuse
order’’ after ‘‘a qualified domestic relations order’’.
(f) QUALIFIED CHILD ABUSE ORDERS.—Paragraph
(1) of section 414(p) of such Code (defining qualified do-
mestic relations order) is amended—
(1) in the heading, by inserting ‘‘AND QUALI-
FIED CHILD ABUSE ORDER’’ after ‘‘ORDER’’; and
(2) by adding at the end the following new sub-
paragraphs:
‘‘(C) QUALIFIED CHILD ABUSE ORDER.—
The term ‘qualified child abuse order’ means a
child abuse order—
‘‘(i) which creates or recognizes the
existence of an alternate payee’s right to,
or assigns to an alternate payee the right
to, receive all or a portion of the benefits
payable with respect to a participant under
a plan, and
‘‘(ii) with respect to which the re-
quirements of paragraphs (2) and (3) are
met.
‘‘(D) CHILD ABUSE ORDER.—
‘‘(i) IN
GENERAL.—The term ‘child
abuse order’ means any court order or
other similar process for the enforcement
of a judgment rendered against a partici-
pant or beneficiary under a plan for phys-
ically, sexually, or emotionally abusing a
child.
‘‘(ii) DEFINITIONS.—For purposes of
this subparagraph—
‘‘(I) The term ‘judgment ren-
dered for physically, sexually, or emo-
tionally abusing a child’ means any
legal claim perfected through a final
enforceable judgment, which claim is
based in whole or in part upon the
physical, sexual, or emotional abuse of
a child, whether or not that abuse is
accompanied 
by 
other 
actionable
wrongdoing, such as sexual exploi-
tation or gross negligence.
‘‘(II) The term ‘child’ means an
individual under 18 years of age.’’.
(g) CONFORMING AMENDMENTS TO IRC OF 1986.—
Subsection (p) of section 414 of such Code is amended—
(1) in paragraph (2), by inserting ‘‘or child
abuse order’’ after ‘‘A domestic relations order’’;
(2) in paragraph (3), by inserting ‘‘or child
abuse order’’ after ‘‘A domestic relations order’’;
(3) in paragraph (4)(A), by inserting ‘‘or child
abuse order’’ after ‘‘a domestic relations order’’;
(4) in paragraph (6)(A), by inserting ‘‘or child
abuse order’’ after ‘‘any domestic relations order’’,
by inserting ‘‘or child abuse orders’’ in clause (i)
after ‘‘domestic relations orders’’, and by inserting
‘‘or a qualified child abuse order’’ in clause (ii) after
‘‘a qualified domestic relations order’’;
(5) in paragraph (6)(B), by inserting ‘‘and
child abuse orders’’ after ‘‘domestic relations or-
ders’’;
(6) in paragraph (7)(A), by inserting ‘‘or
whether a child abuse order is a qualified child
abuse order’’ after ‘‘whether a domestic relations
order is a qualified domestic relations order’’, and by
inserting ‘‘or a qualified child abuse order’’ after ‘‘to
be a qualified domestic relations order’’;
(7) in paragraph (7)(B), by inserting ‘‘OR
QUALIFIED CHILD SUPPORT ORDER’’ in the heading
after ‘‘QUALIFIED
DOMESTIC
RELATIONS
ORDER’’,
and by inserting ‘‘or a qualified child abuse order’’
after ‘‘a qualified domestic relations order’’;
(8) in paragraph (7)(C), by inserting ‘‘or a
qualified child abuse order’’ after ‘‘a qualified do-
mestic relations order’’ each place it appears in
clauses (i) and (ii);
(9) in paragraph (7)(D), by inserting ‘‘or a
qualified child abuse order’’ after ‘‘a qualified do-
mestic relations order’’;
(10) in paragraph (7)(E), by inserting ‘‘or child
abuse order’’ after ‘‘the domestic relations order’’;
(11) in paragraph (8), by inserting ‘‘or child
abuse order’’ after ‘‘a domestic relations order’’;
(12) in paragraph (9), by inserting ‘‘or a quali-
fied child abuse order’’ after ‘‘a qualified domestic
relations order’’;
(13) in paragraph (10), by inserting ‘‘or a
qualified child abuse order’’ after ‘‘a qualified do-
mestic relations order’’; and
(14) in paragraph (11), by inserting ‘‘or a
qualified child abuse order’’ after ‘‘pursuant to a
qualified domestic relations order’’, and by inserting
‘‘or a child abuse order’’ after ‘‘pursuant to a do-
mestic relations order’’.
(h) TAX TREATMENT OF DISTRIBUTIONS PURSUANT
TO QUALIFIED CHILD ABUSE ORDERS.—
(1) ALTERNATE PAYEE MUST INCLUDE BENE-
FITS IN GROSS INCOME.—Paragraph (1) of section
402(e) of such Code (relating to alternate payee
under qualified domestic relations order treated as
distributee) is amended by inserting ‘‘or a qualified
child abuse order (as defined in section 414(p))’’
after ‘‘a qualified domestic relations order (as de-
fined in section 414(p))’’ each place it appears.
(2) ALLOCATION OF INVESTMENT IN THE CON-
TRACT.—Paragraph (10) of section 72(m) of such
Code (relating to determination of investment in the
contract in the case of qualified domestic relations
orders) is amended—
(A) in the heading, by inserting ‘‘AND
QUALIFIED
CHILD
ABUSE
ORDERS’’ 
after
‘‘QUALIFIED
DOMESTIC
RELATIONS
ORDERS’’;
and
(B) by inserting ‘‘or a qualified child abuse
order (as defined in section 414(p))’’ after ‘‘a
qualified domestic relations order (as defined in
section 414(p))’’.
(3) CLARIFICATION OF ELIGIBILITY OF PARTIC-
IPANT FOR LUMP SUM TREATMENT.—
(A) Subparagraph (H) of section 402(d)(4)
of such Code (relating to balance to credit of
employee not to include amounts payable under
qualified domestic relations order) is amend-
ed—
(i) in the heading, by inserting ‘‘OR
QUALIFIED
CHILD
ABUSE
ORDER’’ after
‘‘QUALIFIED
DOMESTIC
RELATIONS
ORDER’’; and
(ii) by inserting ‘‘or a qualified child
abuse order (within the meaning of section
414(p))’’ after ‘‘a qualified domestic rela-
tions order (within the meaning of section
414(p))’’.
(B) Subparagraph (J) of section 402(d)(4)
of such Code is amended by inserting ‘‘, or
under a qualified child abuse order (within the
meaning of section 414(p)) of the balance to
the credit of an alternate payee,’’ after ‘‘former
spouse of the employee’’.
(i) EFFECTIVE DATE.—The amendments made by
this section shall take effect on January 1, 1998, except
that, in the case of a child abuse order entered before such
date, the plan administrator—
(1) shall treat such order as a qualified child
abuse order if such administrator is paying benefits
pursuant to such order on such date, and
(2) may treat any other such order entered be-
fore such date as a qualified child abuse order even
if such order does not meet the requirements of such
amendments.
SEC. 303. PROTECTION FROM SEXUAL PREDATORS.
(a) FINDINGS.—Congress finds that—
(1) rape and sexual assaults continue to be seri-
ous threats to the safety of communities across
America;
(2) sexual offenders are much more likely than
any other category of criminals to repeat their
crimes again and again, even after serving time in
prison;
(3) the average rape sentence is just 101⁄2
years, and the average time served is half of that,
approximately 5 years; and
(4) repeat sexual offenders frequently strike in
more than one State and, while States have primary
responsibility for the prosecution of sexual offenders,
the option of Federal prosecution provides a needed
additional tool to safeguard communities victimized
by these individuals.
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that—
(1) States should more seriously consider the
relatively high recidivism rate of sexual offenders
when deciding whether to plea bargain with a first-
time sexual offender and whether to grant parole to
sexual offenders; and
(2) States should review their treatment and
parole supervision programs for sexual offenders to
assure that these programs are fulfilling their goals,
and, if they are not, these programs should be im-
mediately replaced or abandoned.
(c) AMENDMENTS TO TITLE 18.—Section 2241 of
title 18, United States Code, is amended by adding at the
end the following:
‘‘(e) PUNISHMENT FOR SEXUAL PREDATORS.—(1)
Whoever, in a circumstance described in paragraph (2) of
this subsection—
‘‘(A) violates this section; or
‘‘(B) engages in conduct that would violate this
section, if the conduct had occurred in the special
maritime and territorial jurisdiction of the United
States, and—
‘‘(i) that conduct is in interstate or foreign
commerce;
‘‘(ii) the person engaging in that conduct
crossed a State line with intent to engage in the
conduct; or
‘‘(iii) the person engaging in that conduct
thereafter engages in conduct that is a violation
of section 1073(1) with respect to an offense
that consists of the conduct so engaged in;
shall be imprisoned for life.
‘‘(2) The circumstance referred to in paragraph (1)
of this subsection is that the defendant has previously
been convicted of another State or Federal offense for con-
duct which—
‘‘(A) is an offense under this section or section
2242 of this title; or
‘‘(B) would have been an offense under either
of such sections if the offense had occurred in the
special maritime or territorial jurisdiction of the
United States.’’.
(d) AMENDMENTS TO VIOLENT CRIME CONTROL AND
LAW ENFORCEMENT ACT OF 1994.—Section 2012 of the
Violent Crime Control and Law Enforcement Act of 1994
(42 U.S.C. 13702) is amended by adding at the end the
following:
‘‘(c) ADDITIONAL REQUIREMENT.—A State is not eli-
gible for a grant under this section unless such State has
provided assurances to the Attorney General that such
State has in effect laws which allow the court to impose
a sentence of life in prison without parole on a defendant
in a criminal case who is convicted of a State offense for
conduct that—
‘‘(1) is an offense under section 2241 or 2242
of title 18, United States Code; or
‘‘(2) would have been an offense under either of
such sections if the offense had occurred in the spe-
cial maritime or territorial jurisdiction of the United
States;
after having previously been convicted of another State or
Federal offense for conduct that was an offense described
in paragraph (1) or (2).’’.
(e) STUDY OF PERSISTENT SEXUAL PREDATORS.—
The National Institute of Justice, either directly or
through grant, shall carry out a study of persistent sexual
predators. Not later than one year after the date of the
enactment of this Act, such Institute shall report to Con-
gress and the President the results of such study. Such
report shall include—
(1) a synthesis of current research in psychol-
ogy, sociology, law, criminal justice, and other fields
regarding persistent sexual offenders, including—
(A) common characteristics of such offend-
ers;
(B) recidivism rates for such offenders;
(C) treatment techniques and their effec-
tiveness;
(D) responses of offenders to treatment
and deterrence; and
(E) the possibility of early intervention to
prevent people from becoming sexual predators;
and
(2) an agenda for future research in this area.
SEC. 304. CHILD SAFETY LOCKS FOR FIREARMS.
(a) CIVIL PROHIBITIONS.—
(1) PROHIBITION AGAINST TRANSFER OF FIRE-
ARM WITHOUT LOCKING DEVICE ATTACHED.—
(A) PROHIBITION.—Effective 12 months
after the date of the enactment of this Act, it
shall be unlawful for any person, in or affecting
commerce, to transfer a firearm in the United
States, unless a locking device is attached to, or
is an integral part of, the firearm.
(B) PENALTIES.—
(i) PRIVATE
TRANSFERS.—The Sec-
retary shall impose a civil fine of $5,000
on any person, other than a licensed dealer
or licensed manufacturer, who violates sub-
paragraph (A).
(ii) TRANSFERS
BY
FEDERALLY
LI-
CENSED
FIREARMS
DEALERS.—The Sec-
retary shall impose a civil fine of $10,000
on any licensed dealer who violates sub-
paragraph (A), and shall suspend or re-
voke any license issued under chapter 44
of title 18, United States Code, to the
dealer.
(iii) TRANSFERS BY FEDERALLY LI-
CENSED
FIREARMS
MANUFACTURERS.—
The Secretary shall impose a civil fine of
$25,000 on any licensed manufacturer who
violates subparagraph (A), and shall sus-
pend or revoke any license issued under
chapter 44 of title 18, United States Code,
to the manufacturer.
(2) PROHIBITION AGAINST MANUFACTURE OF
HANDGUN WITHOUT LOCKING DEVICE ATTACHED.—
(A) PROHIBITION.—Effective 18 months
after the date of the enactment of this Act, it
shall be unlawful for any person, in or affecting
commerce, to manufacture a handgun in the
United States, unless a locking device that
meets the minimum quality standards pre-
scribed under subsection (e) is attached to, or
is an integral part of, the firearm.
(B) PENALTIES.—The Secretary shall im-
pose a civil fine of $25,000 on any person who
violates subparagraph (A), and shall suspend or
revoke any license issued under chapter 44 of
title 18, United States Code, to the manufac-
turer.
(3) PROHIBITION AGAINST TRANSFER OF FIRE-
ARM
BY
LICENSEE
WITHOUT
NOTICE
AND
WARN-
ING.—
(A) PROHIBITION.—Effective 60 days after
the date of the enactment of this Act, it shall
be unlawful for any licensed importer, licensed
manufacturer, or licensed dealer to transfer a
handgun that is not accompanied by the follow-
ing, which shall be printed in 3⁄4-inch type:
‘‘THE USE OF A LOCKING BOX OR LOCKING
DEVICE PLACED ON THE TRIGGER GUARD OF A
FIREARM IS ONLY ONE ASPECT OF RESPON-
SIBLE FIREARM STORAGE. FIREARMS AND
THEIR AMMUNITION SHOULD BE STORED AND
SECURED IN A LOCATION THAT IS INACCES-
SIBLE TO CHILDREN.
‘‘IF MISUSED, HANDGUNS CAN RESULT IN
UNINTENTIONAL INJURY OR LOSS OF LIFE.
TRIGGER LOCKS LOWER THE RISK OF UNIN-
TENTIONAL DISCHARGE, HOWEVER TRIGGER
LOCKS DO NOT TOTALLY ELIMINATE THE RISK.
‘‘FAILURE TO PROPERLY LOCK AND STORE
YOUR FIREARM MAY RESULT IN CIVIL OR CRIMI-
NAL LIABILITY UNDER STATE LAW. FEDERAL
LAW PROHIBITS THE POSSESSION OF A HAND-
GUN BY A MINOR IN MOST CIRCUMSTANCES.’’.
(B) PENALTIES.—
(i) TRANSFERS
BY
FEDERALLY
LI-
CENSED FIREARMS DEALERS OR IMPORT-
ERS.—The Secretary shall impose a civil
fine of $10,000 on any licensed dealer or
licensed importer who violates subpara-
graph (A), and shall suspend or revoke any
license issued under chapter 44 of title 18,
United States Code, to the dealer or im-
porter.
(ii) TRANSFERS
BY
FEDERALLY
LI-
CENSED
FIREARMS
MANUFACTURERS.—
The Secretary shall impose a civil fine of
$5,000 on any licensed manufacturer who
violates subparagraph (A), and shall sus-
pend or revoke any license issued under
chapter 44 of title 18, United States Code,
to the manufacturer.
(4) INAPPLICABILITY TO GOVERNMENTAL ENTI-
TIES.—Paragraphs (1), (2), and (3) shall not apply
to conduct of, or authorized by, the United States or
any department or agency thereof, or any State or
any department, agency, or political subdivision
thereof.
(5) JUDICIAL REVIEW.—Not later than 60 days
after an individual receives notice from the Secretary
of a decision to impose a fine on, or suspend or re-
voke a license of, the individual under this sub-
section, the individual may bring an action against
the Secretary in any United States district court for
de novo review of the decision.
(b) CRIMINAL PROHIBITION AGAINST ADULT LEAV-
ING FIREARM AND AMMUNITION WITH AN UNSUPER-
VISED MINOR.—
(1) PROHIBITION.—Section 922 of title 18,
United States Code, is amended by inserting after
subsection (x) the following:
‘‘(y)(1) It shall be unlawful for an adult to leave a
loaded firearm, or an unloaded firearm and ammunition
for the firearm, with a minor, unless the possession of the
firearm by the minor is supervised by an adult who is not
prohibited by Federal, State, or local law from possessing
a firearm.
‘‘(2) As used in paragraph (1):
‘‘(A) The term ‘adult’ means an individual who
has attained 18 years of age.
‘‘(B) The term ‘minor’ means an individual who
has not attained 18 years of age.’’.
(2) PENALTIES.—Section 924(a) of such title is
amended by adding at the end the following:
‘‘(7) Whoever knowingly violates section 922(y) shall,
notwithstanding section 3571, be fined not more than
$10,000, imprisoned not more than 1 year, or both.’’.
(c) STUDIES.—
(1) STANDARDS FOR LOCKING DEVICES.—
(A) IN GENERAL.—The National Institute
of Justice and the Consumer Product Safety
Commission shall each conduct a study to de-
termine the feasibility of developing minimum
quality standards for locking devices.
(B) REPORT.—Not later than 90 days
after the date of the enactment of this Act, the
National Institute of Justice and the Consumer
Product Safety Commission shall each submit
to the Attorney General and the Secretary of
the Treasury a report that includes the results
of the study required of the entity by subpara-
graph (A) and any recommendations for legisla-
tive or regulatory action.
(2) RESULTS OF THIS SECTION.—
(A) IN
GENERAL.—The Director of the
Centers for Disease Control shall conduct a
study on the results of this section.
(B) REPORT.—Not later than 18 months
after the date of the enactment of this Act, the
Director of the Centers for Disease Control and
Prevention shall submit to the Attorney General
and the Secretary of the Treasury a report that
contains the findings of the study required by
subparagraph (A).
(d) EDUCATIONAL PROGRAMS.—For public service
announcements and counter advertisements designed to
educate the public on the proper storage of firearms, not
more than $1,000,000 are authorized to be appropriated
for fiscal year 1998 to each of the Attorney General and
the Secretary of Health and Human Services, who shall
coordinate their expenditure of the sums appropriated
pursuant to this subsection, and the sums are authorized
to remain available until expended.
(e) REGULATIONS GOVERNING MANUFACTURE
OF
LOCKING DEVICES.—Within 6 months after the date of
the enactment of this Act, the Secretary shall issue final
regulations which prescribe minimum quality standards
for locking devices.
(f) DEFINITIONS.—As used in this section:
141
school construction expenditures during the previous four
years.
SEC. 517. AMOUNT OF FEDERAL SUBSIDY.
(a) PROJECTS FUNDED WITH SUBGRANTS.—For
each construction project assisted by a State through a
subgrant to a locality, the State shall determine the
amount of the Federal subsidy under this part, taking into
account the number or percentage of children from low-
income families residing in the locality, subject to the fol-
lowing limits:
(1) If the locality will use the subgrant to help
meet the costs of repaying bonds issued for a school
construction project, the Federal subsidy shall be
not more than one-half of the total interest cost of
those bonds, determined in accordance with para-
graph (4).
(2) If the bonds to be subsidized are general ob-
ligation bonds issued to finance more than one type
of activity (including school construction), the Fed-
eral subsidy shall be not more than one-half of the
interest cost for that portion of the bonds that will
be used for school construction purposes, determined
in accordance with paragraph (4).
(3) If the locality elects to use its subgrant for
an allowable activity not described in paragraph (1)