모든 주정부는 소득징수를 통해 양육비를 지급하고 분배하는 중앙관리 시스템을 도입해야 함.
[104th Congress Public Law 193]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ193.104]
[[Page 110 STAT. 2105]]
Public Law 104-193
104th Congress
An Act
To provide for reconciliation pursuant to section 201(a)(1) of the
concurrent resolution on the budget for fiscal year 1997. <<NOTE: Aug.
22, 1996 - [H.R. 3734]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Personal Responsibility and
Work Opportunity Reconciliation Act of 1996.>> assembled,
SECTION 1. <<NOTE: 42 USC 1305 note.>> SHORT TITLE.
This Act may be cited as the ``Personal Responsibility and Work
Opportunity Reconciliation Act of 1996''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
TITLE I--BLOCK GRANTS FOR TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
Sec. 101. Findings.
Sec. 102. Reference to Social Security Act.
Sec. 103. Block grants to States.
Sec. 104. Services provided by charitable, religious, or private
organizations.
Sec. 105. Census data on grandparents as primary caregivers for their
grandchildren.
Sec. 106. Report on data processing.
Sec. 107. Study on alternative outcomes measures.
Sec. 108. Conforming amendments to the Social Security Act.
Sec. 109. Conforming amendments to the Food Stamp Act of 1977 and
related provisions.
Sec. 110. Conforming amendments to other laws.
Sec. 111. Development of prototype of counterfeit-resistant Social
Security card required.
Sec. 112. Modifications to the job opportunities for certain low-income
individuals program.
Sec. 113. Secretarial submission of legislative proposal for technical
and conforming amendments.
Sec. 114. Assuring medicaid coverage for low-income families.
Sec. 115. Denial of assistance and benefits for certain drug-related
convictions.
Sec. 116. Effective date; transition rule.
TITLE II--SUPPLEMENTAL SECURITY INCOME
Sec. 200. Reference to Social Security Act.
Subtitle A--Eligibility Restrictions
Sec. 201. Denial of SSI benefits for 10 years to individuals found to
have fraudulently misrepresented residence in order to obtain
benefits simultaneously in 2 or more States.
Sec. 202. Denial of SSI benefits for fugitive felons and probation and
parole violators.
Sec. 203. Treatment of prisoners.
Sec. 204. Effective date of application for benefits.
Subtitle B--Benefits for Disabled Children
Sec. 211. Definition and eligibility rules.
Sec. 212. Eligibility redeterminations and continuing disability
reviews.
[[Page 110 STAT. 2106]]
Sec. 213. Additional accountability requirements.
Sec. 214. Reduction in cash benefits payable to institutionalized
individuals whose medical costs are covered by private
insurance.
Sec. 215. Regulations.
Subtitle C--Additional Enforcement Provision
Sec. 221. Installment payment of large past-due supplemental security
income benefits.
Sec. 222. Regulations.
Subtitle D--Studies Regarding Supplemental Security Income Program
Sec. 231. Annual report on the supplemental security income program.
Sec. 232. Study by General Accounting Office.
TITLE III--CHILD SUPPORT
Sec. 300. Reference to Social Security Act.
Subtitle A--Eligibility for Services; Distribution of Payments
Sec. 301. State obligation to provide child support enforcement
services.
Sec. 302. Distribution of child support collections.
Sec. 303. Privacy safeguards.
Sec. 304. Rights to notification of hearings.
Subtitle B--Locate and Case Tracking
Sec. 311. State case registry.
Sec. 312. Collection and disbursement of support payments.
Sec. 313. State directory of new hires.
Sec. 314. Amendments concerning income withholding.
Sec. 315. Locator information from interstate networks.
Sec. 316. Expansion of the Federal Parent Locator Service.
Sec. 317. Collection and use of Social Security numbers for use in child
support enforcement.
Subtitle C--Streamlining and Uniformity of Procedures
Sec. 321. Adoption of uniform State laws.
Sec. 322. Improvements to full faith and credit for child support
orders.
Sec. 323. Administrative enforcement in interstate cases.
Sec. 324. Use of forms in interstate enforcement.
Sec. 325. State laws providing expedited procedures.
Subtitle D--Paternity Establishment
Sec. 331. State laws concerning paternity establishment.
Sec. 332. Outreach for voluntary paternity establishment.
Sec. 333. Cooperation by applicants for and recipients of part A
assistance.
Subtitle E--Program Administration and Funding
Sec. 341. Performance-based incentives and penalties.
Sec. 342. Federal and State reviews and audits.
Sec. 343. Required reporting procedures.
Sec. 344. Automated data processing requirements.
Sec. 345. Technical assistance.
Sec. 346. Reports and data collection by the Secretary.
Subtitle F--Establishment and Modification of Support Orders
Sec. 351. Simplified process for review and adjustment of child support
orders.
Sec. 352. Furnishing consumer reports for certain purposes relating to
child support.
Sec. 353. Nonliability for financial institutions providing financial
records to State child support enforcement agencies in child
support cases.
Subtitle G--Enforcement of Support Orders
Sec. 361. Internal Revenue Service collection of arrearages.
Sec. 362. Authority to collect support from Federal employees.
Sec. 363. Enforcement of child support obligations of members of the
Armed Forces.
Sec. 364. Voiding of fraudulent transfers.
Sec. 365. Work requirement for persons owing past-due child support.
Sec. 366. Definition of support order.
Sec. 367. Reporting arrearages to credit bureaus.
Sec. 368. Liens.
[[Page 110 STAT. 2107]]
Sec. 369. State law authorizing suspension of licenses.
Sec. 370. Denial of passports for nonpayment of child support.
Sec. 371. International support enforcement.
Sec. 372. Financial institution data matches.
Sec. 373. Enforcement of orders against paternal or maternal
grandparents in cases of minor parents.
Sec. 374. Nondischargeability in bankruptcy of certain debts for the
support of a child.
Sec. 375. Child support enforcement for Indian tribes.
Subtitle H--Medical Support
Sec. 381. Correction to ERISA definition of medical child support order.
Sec. 382. Enforcement of orders for health care coverage.
Subtitle I--Enhancing Responsibility and Opportunity for Non-Residential
Parents
Sec. 391. Grants to States for access and visitation programs.
Subtitle J--Effective Dates and Conforming Amendments
Sec. 395. Effective dates and conforming amendments.
TITLE IV--RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS
Sec. 400. Statements of national policy concerning welfare and
immigration.
Subtitle A--Eligibility for Federal Benefits
Sec. 401. Aliens who are not qualified aliens ineligible for Federal
public benefits.
Sec. 402. Limited eligibility of qualified aliens for certain Federal
programs.
Sec. 403. Five-year limited eligibility of qualified aliens for Federal
means-tested public benefit.
Sec. 404. Notification and information reporting.
Subtitle B--Eligibility for State and Local Public Benefits Programs
Sec. 411. Aliens who are not qualified aliens or nonimmigrants
ineligible for State and local public benefits.
Sec. 412. State authority to limit eligibility of qualified aliens for
State public benefits.
Subtitle C--Attribution of Income and Affidavits of Support
Sec. 421. Federal attribution of sponsor's income and resources to
alien.
Sec. 422. Authority for States to provide for attribution of sponsors
income and resources to the alien with respect to State
programs.
Sec. 423. Requirements for sponsor's affidavit of support.
Subtitle D--General Provisions
Sec. 431. Definitions.
Sec. 432. Verification of eligibility for Federal public benefits.
Sec. 433. Statutory construction.
Sec. 434. Communication between State and local government agencies and
the Immigration and Naturalization Service.
Sec. 435. Qualifying quarters.
Subtitle E--Conforming Amendments Relating to Assisted Housing
Sec. 441. Conforming amendments relating to assisted housing.
Subtitle F--Earning Income Credit Denied to Unauthorized Employees
Sec. 451. Earned income credit denied to individuals not authorized to
be employed in the United States.
TITLE V--CHILD PROTECTION
Sec. 501. Authority of States to make foster care maintenance payments
on behalf of children in any private child care institution.
Sec. 502. Extension of enhanced match for implementation of statewide
automated child welfare information systems.
Sec. 503. National random sample study of child welfare.
Sec. 504. Redesignation of section 1123.
Sec. 505. Kinship care.
TITLE VI--CHILD CARE
Sec. 601. Short title and references.
Sec. 602. Goals.
[[Page 110 STAT. 2108]]
Sec. 603. Authorization of appropriations and entitlement authority.
Sec. 604. Lead agency.
Sec. 605. Application and plan.
Sec. 606. Limitation on State allotments.
Sec. 607. Activities to improve the quality of child care.
Sec. 608. Repeal of early childhood development and before- and after-
school care requirement.
Sec. 609. Administration and enforcement.
Sec. 610. Payments.
Sec. 611. Annual report and audits.
Sec. 612. Report by the Secretary.
Sec. 613. Allotments.
Sec. 614. Definitions.
Sec. 615. Effective date.
TITLE VII--CHILD NUTRITION PROGRAMS
Subtitle A--National School Lunch Act
Sec. 701. State disbursement to schools.
Sec. 702. Nutritional and other program requirements.
Sec. 703. Free and reduced price policy statement.
Sec. 704. Special assistance.
Sec. 705. Miscellaneous provisions and definitions.
Sec. 706. Summer food service program for children.
Sec. 707. Commodity distribution.
Sec. 708. Child and adult care food program.
Sec. 709. Pilot projects.
Sec. 710. Reduction of paperwork.
Sec. 711. Information on income eligibility.
Sec. 712. Nutrition guidance for child nutrition programs.
Subtitle B--Child Nutrition Act of 1966
Sec. 721. Special milk program.
Sec. 722. Free and reduced price policy statement.
Sec. 723. School breakfast program authorization.
Sec. 724. State administrative expenses.
Sec. 725. Regulations.
Sec. 726. Prohibitions.
Sec. 727. Miscellaneous provisions and definitions.
Sec. 728. Accounts and records.
Sec. 729. Special supplemental nutrition program for women, infants, and
children.
Sec. 730. Cash grants for nutrition education.
Sec. 731. Nutrition education and training.
Subtitle C--Miscellaneous Provisions
Sec. 741. Coordination of school lunch, school breakfast, and summer
food service programs.
Sec. 742. Requirements relating to provision of benefits based on
citizenship, alienage, or immigration status under the
National School Lunch Act, the Child Nutrition Act of 1966,
and certain other acts.
TITLE VIII--FOOD STAMPS AND COMMODITY DISTRIBUTION
Subtitle A--Food Stamp Program
Sec. 801. Definition of certification period.
Sec. 802. Definition of coupon.
Sec. 803. Treatment of children living at home.
Sec. 804. Adjustment of thrifty food plan.
Sec. 805. Definition of homeless individual.
Sec. 806. State option for eligibility standards.
Sec. 807. Earnings of students.
Sec. 808. Energy assistance.
Sec. 809. Deductions from income.
Sec. 810. Vehicle allowance.
Sec. 811. Vendor payments for transitional housing counted as income.
Sec. 812. Simplified calculation of income for the self-employed.
Sec. 813. Doubled penalties for violating food stamp program
requirements.
Sec. 814. Disqualification of convicted individuals.
Sec. 815. Disqualification.
Sec. 816. Caretaker exemption.
Sec. 817. Employment and training.
[[Page 110 STAT. 2109]]
Sec. 818. Food stamp eligibility.
Sec. 819. Comparable treatment for disqualification.
Sec. 820. Disqualification for receipt of multiple food stamp benefits.
Sec. 821. Disqualification of fleeing felons.
Sec. 822. Cooperation with child support agencies.
Sec. 823. Disqualification relating to child support arrears.
Sec. 824. Work requirement.
Sec. 825. Encouragement of electronic benefit transfer systems.
Sec. 826. Value of minimum allotment.
Sec. 827. Benefits on recertification.
Sec. 828. Optional combined allotment for expedited households.
Sec. 829. Failure to comply with other means-tested public assistance
programs.
Sec. 830. Allotments for households residing in centers.
Sec. 831. Condition precedent for approval of retail food stores and
wholesale food concerns.
Sec. 832. Authority to establish authorization periods.
Sec. 833. Information for verifying eligibility for authorization.
Sec. 834. Waiting period for stores that fail to meet authorization
criteria.
Sec. 835. Operation of food stamp offices.
Sec. 836. State employee and training standards.
Sec. 837. Exchange of law enforcement information.
Sec. 838. Expedited coupon service.
Sec. 839. Withdrawing fair hearing requests.
Sec. 840. Income, eligibility, and immigration status verification
systems.
Sec. 841. Investigations.
Sec. 842. Disqualification of retailers who intentionally submit
falsified applications.
Sec. 843. Disqualification of retailers who are disqualified under the
WIC program.
Sec. 844. Collection of overissuances.
Sec. 845. Authority to suspend stores violating program requirements
pending administrative and judicial review.
Sec. 846. Expanded criminal forfeiture for violations.
Sec. 847. Limitation on Federal match.
Sec. 848. Standards for administration.
Sec. 849. Work supplementation or support program.
Sec. 850. Waiver authority.
Sec. 851. Response to waivers.
Sec. 852. Employment initiatives program.
Sec. 853. Reauthorization.
Sec. 854. Simplified food stamp program.
Sec. 855. Study of the use of food stamps to purchase vitamins and
minerals.
Sec. 856. Deficit reduction.
Subtitle B--Commodity Distribution Programs
Sec. 871. Emergency food assistance program.
Sec. 872. Food bank demonstration project.
Sec. 873. Hunger prevention programs.
Sec. 874. Report on entitlement commodity processing.
Subtitle C--Electronic Benefit Transfer Systems
Sec. 891. Provisions to encourage electronic benefit transfer systems.
TITLE IX--MISCELLANEOUS
Sec. 901. Appropriation by State legislatures.
Sec. 902. Sanctioning for testing positive for controlled substances.
Sec. 903. Elimination of housing assistance with respect to fugitive
felons and probation and parole violators.
Sec. 904. Sense of the Senate regarding the inability of the
noncustodial parent to pay child support.
Sec. 905. Establishing national goals to prevent teenage pregnancies.
Sec. 906. Sense of the Senate regarding enforcement of statutory rape
laws.
Sec. 907. Provisions to encourage electronic benefit transfer systems.
Sec. 908. Reduction of block grants to States for social services; use
of vouchers.
Sec. 909. Rules relating to denial of earned income credit on basis of
disqualified income.
Sec. 910. Modification of adjusted gross income definition for earned
income credit.
Sec. 911. Fraud under means-tested welfare and public assistance
programs.
Sec. 912. Abstinence education.
Sec. 913. Change in reference.
[[Page 110 STAT. 2110]]
TITLE I--BLOCK GRANTS FOR TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
SEC. 101. <<NOTE: 42 USC 601 note.>> FINDINGS.
The Congress makes the following findings:
(1) Marriage is the foundation of a successful society.
(2) Marriage is an essential institution of a successful
society which promotes the interests of children.
(3) Promotion of responsible fatherhood and motherhood is
integral to successful child rearing and the well-being of
children.
(4) In 1992, only 54 percent of single-parent families with
children had a child support order established and, of that 54
percent, only about one-half received the full amount due. Of
the cases enforced through the public child support enforcement
system, only 18 percent of the caseload has a collection.
(5) The number of individuals receiving aid to families with
dependent children (in this section referred to as ``AFDC'') has
more than tripled since 1965. More than two-thirds of these
recipients are children. Eighty-nine percent of children
receiving AFDC benefits now live in homes in which no father is
present.
(A)(i) The average monthly number of children
receiving AFDC benefits--
(I) was 3,300,000 in 1965;
(II) was 6,200,000 in 1970;
(III) was 7,400,000 in 1980; and
(IV) was 9,300,000 in 1992.
(ii) While the number of children receiving AFDC
benefits increased nearly threefold between 1965 and
1992, the total number of children in the United States
aged 0 to 18 has declined by 5.5 percent.
(B) The Department of Health and Human Services has
estimated that 12,000,000 children will receive AFDC
benefits within 10 years.
(C) The increase in the number of children receiving
public assistance is closely related to the increase in
births to unmarried women. Between 1970 and 1991, the
percentage of live births to unmarried women increased
nearly threefold, from 10.7 percent to 29.5 percent.
(6) The increase of out-of-wedlock pregnancies and births is
well documented as follows:
(A) It is estimated that the rate of nonmarital teen
pregnancy rose 23 percent from 54 pregnancies per 1,000
unmarried teenagers in 1976 to 66.7 pregnancies in 1991.
The overall rate of nonmarital pregnancy rose 14 percent
from 90.8 pregnancies per 1,000 unmarried women in 1980
to 103 in both 1991 and 1992. In contrast, the overall
pregnancy rate for married couples decreased 7.3 percent
between 1980 and 1991, from 126.9 pregnancies per 1,000
married women in 1980 to 117.6 pregnancies in 1991.
(B) The total of all out-of-wedlock births between
1970 and 1991 has risen from 10.7 percent to 29.5
percent and
[[Page 110 STAT. 2111]]
if the current trend continues, 50 percent of all births
by the year 2015 will be out-of-wedlock.
(7) An effective strategy to combat teenage pregnancy must
address the issue of male responsibility, including statutory
rape culpability and prevention. The increase of teenage
pregnancies among the youngest girls is particularly severe and
is linked to predatory sexual practices by men who are
significantly older.
(A) It is estimated that in the late 1980's, the
rate for girls age 14 and under giving birth increased
26 percent.
(B) Data indicates that at least half of the
children born to teenage mothers are fathered by adult
men. Available data suggests that almost 70 percent of
births to teenage girls are fathered by men over age 20.
(C) Surveys of teen mothers have revealed that a
majority of such mothers have histories of sexual and
physical abuse, primarily with older adult men.
(8) The negative consequences of an out-of-wedlock birth on
the mother, the child, the family, and society are well
documented as follows:
(A) Young women 17 and under who give birth outside
of marriage are more likely to go on public assistance
and to spend more years on welfare once enrolled. These
combined effects of ``younger and longer'' increase
total AFDC costs per household by 25 percent to 30
percent for 17-year-olds.
(B) Children born out-of-wedlock have a
substantially higher risk of being born at a very low or
moderately low birth weight.
(C) Children born out-of-wedlock are more likely to
experience low verbal cognitive attainment, as well as
more child abuse, and neglect.
(D) Children born out-of-wedlock were more likely to
have lower cognitive scores, lower educational
aspirations, and a greater likelihood of becoming
teenage parents themselves.
(E) Being born out-of-wedlock significantly reduces
the chances of the child growing up to have an intact
marriage.
(F) Children born out-of-wedlock are 3 times more
likely to be on welfare when they grow up.
(9) Currently 35 percent of children in single-parent homes
were born out-of-wedlock, nearly the same percentage as that of
children in single-parent homes whose parents are divorced (37
percent). While many parents find themselves, through divorce or
tragic circumstances beyond their control, facing the difficult
task of raising children alone, nevertheless, the negative
consequences of raising children in single-parent homes are well
documented as follows:
(A) Only 9 percent of married-couple families with
children under 18 years of age have income below the
national poverty level. In contrast, 46 percent of
female-headed households with children under 18 years of
age are below the national poverty level.
(B) Among single-parent families, nearly \1/2\ of
the mothers who never married received AFDC while only
\1/5\ of divorced mothers received AFDC.
[[Page 110 STAT. 2112]]
(C) Children born into families receiving welfare
assistance are 3 times more likely to be on welfare when
they reach adulthood than children not born into
families receiving welfare.
(D) Mothers under 20 years of age are at the
greatest risk of bearing low birth weight babies.
(E) The younger the single-parent mother, the less
likely she is to finish high school.
(F) Young women who have children before finishing
high school are more likely to receive welfare
assistance for a longer period of time.
(G) Between 1985 and 1990, the public cost of births
to teenage mothers under the aid to families with
dependent children program, the food stamp program, and
the medicaid program has been estimated at
$120,000,000,000.
(H) The absence of a father in the life of a child
has a negative effect on school performance and peer
adjustment.
(I) Children of teenage single parents have lower
cognitive scores, lower educational aspirations, and a
greater likelihood of becoming teenage parents
themselves.
(J) Children of single-parent homes are 3 times more
likely to fail and repeat a year in grade school than
are children from intact 2-parent families.
(K) Children from single-parent homes are almost 4
times more likely to be expelled or suspended from
school.
(L) Neighborhoods with larger percentages of youth
aged 12 through 20 and areas with higher percentages of
single-parent households have higher rates of violent
crime.
(M) Of those youth held for criminal offenses within
the State juvenile justice system, only 29.8 percent
lived primarily in a home with both parents. In contrast
to these incarcerated youth, 73.9 percent of the
62,800,000 children in the Nation's resident population
were living with both parents.
(10) Therefore, in light of this demonstration of the crisis
in our Nation, it is the sense of the Congress that prevention
of out-of-wedlock pregnancy and reduction in out-of-wedlock
birth are very important Government interests and the policy
contained in part A of title IV of the Social Security Act (as
amended by section 103(a) of this Act) is intended to address
the crisis.
SEC. 102. REFERENCE TO SOCIAL SECURITY ACT.
Except as otherwise specifically provided, wherever in this title an
amendment 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 that section or other provision of the Social Security Act.
SEC. 103. BLOCK GRANTS TO STATES.
(a) In General.--Part A of title IV (42 U.S.C. 601 et seq.) is
amended--
(1) by striking all that precedes <<NOTE: 42 USC prec. 601,
601-610, 612, 613, 615-617.>> section 418 (as added by section
603(b)(2) of this Act) and inserting the following:
[[Page 110 STAT. 2113]]
``PART A--BLOCK GRANTS TO STATES FOR TEMPORARY ASSISTANCE FOR NEEDY
FAMILIES
``SEC. 401. <<NOTE: 42 USC 601.>> PURPOSE.
``(a) In General.--The purpose of this part is to increase the
flexibility of States in operating a program designed to--
``(1) provide assistance to needy families so that children
may be cared for in their own homes or in the homes of
relatives;
``(2) end the dependence of needy parents on government
benefits by promoting job preparation, work, and marriage;
``(3) prevent and reduce the incidence of out-of-wedlock
pregnancies and establish annual numerical goals for preventing
and reducing the incidence of these pregnancies; and
``(4) encourage the formation and maintenance of two-parent
families.
``(b) No Individual Entitlement.--This part shall not be interpreted
to entitle any individual or family to assistance under any State
program funded under this part.
``SEC. 402. <<NOTE: 42 USC 602.>> ELIGIBLE STATES; STATE PLAN.
``(a) In General.--As used in this part, the term `eligible State'
means, with respect to a fiscal year, a State that, during the 2-year
period immediately preceding the fiscal year, has submitted to the
Secretary a plan that the Secretary has found includes the following:
``(1) Outline of family assistance program.--
``(A) General provisions.--A written document that
outlines how the State intends to do the following:
``(i) Conduct a program, designed to serve all
political subdivisions in the State (not
necessarily in a uniform manner), that provides
assistance to needy families with (or expecting)
children and provides parents with job
preparation, work, and support services to enable
them to leave the program and become self-
sufficient.
``(ii) Require a parent or caretaker receiving
assistance under the program to engage in work (as
defined by the State) once the State determines
the parent or caretaker is ready to engage in
work, or once the parent or caretaker has received
assistance under the program for 24 months
(whether or not consecutive), whichever is
earlier.
``(iii) Ensure that parents and caretakers
receiving assistance under the program engage in
work activities in accordance with section 407.
``(iv) Take such reasonable steps as the State
deems necessary to restrict the use and disclosure
of information about individuals and families
receiving assistance under the program
attributable to funds provided by the Federal
Government.
``(v) Establish goals and take action to
prevent and reduce the incidence of out-of-wedlock
pregnancies, with special emphasis on teenage
pregnancies, and establish numerical goals for
reducing the illegitimacy
[[Page 110 STAT. 2114]]
ratio of the State (as defined in section
403(a)(2)(B)) for calendar years 1996 through
2005.
``(vi) Conduct a program, designed to reach
State and local law enforcement officials, the
education system, and relevant counseling
services, that provides education and training on
the problem of statutory rape so that teenage
pregnancy prevention programs may be expanded in
scope to include men.
``(B) Special provisions.--
``(i) The document shall indicate whether the
State intends to treat families moving into the
State from another State differently than other
families under the program, and if so, how the
State intends to treat such families under the
program.
``(ii) The document shall indicate whether the
State intends to provide assistance under the
program to individuals who are not citizens of the
United States, and if so, shall include an
overview of such assistance.
``(iii) The document shall set forth objective
criteria for the delivery of benefits and the
determination of eligibility and for fair and
equitable treatment, including an explanation of
how the State will provide opportunities for
recipients who have been adversely affected to be
heard in a State administrative or appeal process.
``(iv) Not later than 1 year after the date of
enactment of this Act, unless the chief executive
officer of the State opts out of this provision by
notifying the Secretary, a State shall, consistent
with the exception provided in section 407(e)(2),
require a parent or caretaker receiving assistance
under the program who, after receiving such
assistance for 2 months is not exempt from work
requirements and is not engaged in work, as
determined under section 407(c), to participate in
community service employment, with minimum hours
per week and tasks to be determined by the State.
``(2) Certification that the state will operate a child
support enforcement program.--A certification by the chief
executive officer of the State that, during the fiscal year, the
State will operate a child support enforcement program under the
State plan approved under part D.
``(3) Certification that the state will operate a foster
care and adoption assistance program.--A certification by the
chief executive officer of the State that, during the fiscal
year, the State will operate a foster care and adoption
assistance program under the State plan approved under part E,
and that the State will take such actions as are necessary to
ensure that children receiving assistance under such part are
eligible for medical assistance under the State plan under title
XIX.
``(4) Certification of the administration of the program.--A
certification by the chief executive officer of the State
specifying which State agency or agencies will administer and
supervise the program referred to in paragraph (1) for the
fiscal year, which shall include assurances that local
governments and private sector organizations--
[[Page 110 STAT. 2115]]
``(A) have been consulted regarding the plan and
design of welfare services in the State so that services
are provided in a manner appropriate to local
populations; and
``(B) have had at least 45 days to submit comments
on the plan and the design of such services.
``(5) Certification that the state will provide indians with
equitable access to assistance.--A certification by the chief
executive officer of the State that, during the fiscal year, the
State will provide each member of an Indian tribe, who is
domiciled in the State and is not eligible for assistance under
a tribal family assistance plan approved under section 412, with
equitable access to assistance under the State program funded
under this part attributable to funds provided by the Federal
Government.
``(6) Certification of standards and procedures to ensure
against program fraud and abuse.--A certification by the chief
executive officer of the State that the State has established
and is enforcing standards and procedures to ensure against
program fraud and abuse, including standards and procedures
concerning nepotism, conflicts of interest among individuals
responsible for the administration and supervision of the State
program, kickbacks, and the use of political
patronage.
``(7) Optional certification of standards and procedures to
ensure that the state will screen for and identify domestic
violence.--
``(A) In general.--At the option of the State, a
certification by the chief executive officer of the
State that the State has established and is enforcing
standards and procedures to--
``(i) screen and identify individuals
receiving assistance under this part with a
history of domestic violence while maintaining the
confidentiality of such
individuals;
``(ii) refer such individuals to counseling
and supportive services; and
``(iii) waive, pursuant to a determination of
good cause, other program requirements such as
time limits (for so long as necessary) for
individuals receiving assistance, residency
requirements, child support cooperation
requirements, and family cap provisions, in cases
where compliance with such requirements would make
it more difficult for individuals receiving
assistance under this part to escape domestic
violence or unfairly penalize such individuals who
are or have been victimized by such violence, or
individuals who are at risk of further domestic
violence.
``(B) Domestic violence defined.--For purposes of
this paragraph, the term `domestic violence' has the
same meaning as the term `battered or subjected to
extreme cruelty', as defined in section
408(a)(7)(C)(iii).
``(b) Public Availability of State Plan Summary.--The State shall
make available to the public a summary of any plan submitted by the
State under this section.
``SEC. 403. <<NOTE: 42 USC 603.>> GRANTS TO STATES.
``(a) Grants.--
[[Page 110 STAT. 2116]]
``(1) Family assistance grant.--
``(A) In general.--Each eligible State shall be
entitled to receive from the Secretary, for each of
fiscal years 1996, 1997, 1998, 1999, 2000, 2001, and
2002, a grant in an amount equal to the State family
assistance grant.
``(B) State family assistance grant defined.--As
used in this part, the term `State family assistance
grant' means the greatest of--
``(i) \1/3\ of the total amount required to be
paid to the State under former section 403 (as in
effect on September 30, 1995) for fiscal years
1992, 1993, and 1994 (other than with respect to
amounts expended by the State for child care under
subsection (g) or (i) of former section 402 (as so
in effect));
``(ii)(I) the total amount required to be paid
to the State under former section 403 for fiscal
year 1994 (other than with respect to amounts
expended by the State for child care under
subsection (g) or (i) of former section 402 (as so
in effect)); plus
``(II) an amount equal to 85 percent of the
amount (if any) by which the total amount required
to be paid to the State under former section
403(a)(5) for emergency assistance for fiscal year
1995 exceeds the total amount required to be paid
to the State under former section 403(a)(5) for
fiscal year 1994, if, during fiscal year 1994 or
1995, the Secretary approved under former section
402 an amendment to the former State plan with
respect to the provision of emergency assistance;
or
``(iii) \4/3\ of the total amount required to
be paid to the State under former section 403 (as
in effect on September 30, 1995) for the 1st 3
quarters of fiscal year 1995 (other than with
respect to amounts expended by the State under the
State plan approved under part F (as so in effect)
or for child care under subsection (g) or (i) of
former section 402 (as so in effect)), plus the
total amount required to be paid to the State for
fiscal year 1995 under former section 403(l) (as
so in effect).
``(C) Total amount required to be paid to the state
under former section 403 defined.--As used in this part,
the term `total amount required to be paid to the State
under former section 403' means, with respect to a
fiscal year--
``(i) in the case of a State to which section
1108 does not apply, the sum of--
``(I) the Federal share of
maintenance assistance expenditures for
the fiscal year, before reduction
pursuant to subparagraph (B) or (C) of
section 403(b)(2) (as in effect on
September 30, 1995), as reported by the
State on ACF Form 231;
``(II) the Federal share of
administrative expenditures (including
administrative expenditures for the
development of management information
systems) for the fiscal year, as
reported by the State on ACF Form 231;
[[Page 110 STAT. 2117]]
``(III) the Federal share of
emergency assistance expenditures for
the fiscal year, as reported by the
State on ACF Form 231;
``(IV) the Federal share of
expenditures for the fiscal year with
respect to child care pursuant to
subsections (g) and (i) of former
section 402 (as in effect on September
30, 1995), as reported by the State on
ACF Form 231; and
``(V) the Federal obligations made
to the State under section 403 for the
fiscal year with respect to the State
program operated under part F (as in
effect on September 30, 1995), as
determined by the Secretary, including
additional obligations or reductions in
obligations made after the close of the
fiscal year; and
``(ii) in the case of a State to which section
1108 applies, the lesser of--
``(I) the sum described in clause
(i); or
``(II) the total amount certified by
the Secretary under former section 403
(as in effect during the fiscal year)
with respect to the territory.
``(D) Information to be used in determining
amounts.--
``(i) For fiscal years 1992 and 1993.--
``(I) In determining the amounts
described in subclauses (I) through (IV)
of subparagraph (C)(i) for any State for
each of fiscal years 1992 and 1993, the
Secretary shall use information
available as of April 28, 1995.
``(II) In determining the amount
described in subparagraph (C)(i)(V) for
any State for each of fiscal years 1992
and 1993, the Secretary shall use
information available as of January 6,
1995.
``(ii) For fiscal year 1994.--In determining
the amounts described in subparagraph (C)(i) for
any State for fiscal year 1994, the Secretary
shall use information available as of April 28,
1995.
``(iii) For fiscal year 1995.--
``(I) In determining the amount
described in subparagraph (B)(ii)(II)
for any State for fiscal year 1995, the
Secretary shall use the information
which was reported by the States and
estimates made by the States with
respect to emergency assistance
expenditures and was available as of
August 11, 1995.
``(II) In determining the amounts
described in subclauses (I) through
(III) of subparagraph (C)(i) for any
State for fiscal year 1995, the
Secretary shall use information
available as of October 2, 1995.
``(III) In determining the amount
described in subparagraph (C)(i)(IV) for
any State for fiscal year 1995, the
Secretary shall use information
available as of February 28, 1996.
``(IV) In determining the amount
described in subparagraph (C)(i)(V) for
any State for fiscal year
[[Page 110 STAT. 2118]]
1995, the Secretary shall use
information available as of October 5,
1995.
``(E) Appropriation.--Out of any money in the
Treasury of the United States not otherwise
appropriated, there are appropriated for fiscal years
1996, 1997, 1998, 1999, 2000, 2001, and 2002 such sums
as are necessary for grants under this paragraph.
``(2) Bonus to reward decrease in illegitimacy.--
``(A) In general.--Each eligible State shall be
entitled to receive from the Secretary a grant for each
bonus year for which the State demonstrates a net
decrease in out-of-wedlock births.
``(B) Amount of grant.--
``(i) If 5 eligible states.--If there are 5
eligible States for a bonus year, the amount of
the grant shall be $20,000,000.
``(ii) If fewer than 5 eligible states.--If
there are fewer than 5 eligible States for a bonus
year, the amount of the grant shall be
$25,000,000.
``(C) Definitions.--As used in this paragraph:
``(i) Eligible state.--
``(I) In general.--The term
`eligible State' means a State that the
Secretary determines meets the following
requirements:
``(aa) The State
demonstrates that the number of
out-of-wedlock births that
occurred in the State during the
most recent 2-year period for
which such information is
available decreased as compared
to the number of such births
that occurred during the
previous 2-year period, and the
magnitude of the decrease for
the State for the period is not
exceeded by the magnitude of the
corresponding decrease for 5 or
more other States for the
period.
``(bb) The rate of induced
pregnancy terminations in the
State for the fiscal year is
less than the rate of induced
pregnancy terminations in the
State for fiscal year 1995.
``(II) Disregard of changes in data
due to changed reporting methods.--In
making the determination required by
subclause (I), the Secretary shall
disregard--
``(aa) any difference
between the number of out-of-
wedlock births that occurred in
a State for a fiscal year and
the number of out-of-wedlock
births that occurred in a State
for fiscal year 1995 which is
attributable to a change in
State methods of reporting data
used to calculate the number of
out-of-wedlock births; and
``(bb) any difference
between the rate of induced
pregnancy terminations in a
State for a fiscal year and such
rate for fiscal year 1995 which
is attributable to a change in
State methods of reporting data
used to calculate such rate.
[[Page 110 STAT. 2119]]
``(ii) Bonus year.--The term `bonus year'
means fiscal years 1999, 2000, 2001, and 2002.
``(D) Appropriation.--Out of any money in the
Treasury of the United States not otherwise
appropriated, there are appropriated for fiscal years
1999 through 2002, such sums as are necessary for grants
under this paragraph.
``(3) Supplemental grant for population increases in certain
states.--
``(A) In general.--Each qualifying State shall,
subject to subparagraph (F), be entitled to receive from
the Secretary--
``(i) for fiscal year 1998 a grant in an
amount equal to 2.5 percent of the total amount
required to be paid to the State under former
section 403 (as in effect during fiscal year 1994)
for fiscal year 1994; and
``(ii) for each of fiscal years 1999, 2000,
and 2001, a grant in an amount equal to the sum
of--
``(I) the amount (if any) required
to be paid to the State under this
paragraph for the immediately preceding
fiscal year; and
``(II) 2.5 percent of the sum of--
``(aa) the total amount
required to be paid to the State
under former section 403 (as in
effect during fiscal year 1994)
for fiscal year 1994; and
``(bb) the amount (if any)
required to be paid to the State
under this paragraph for the
fiscal year preceding the fiscal
year for which the grant is to
be made.
``(B) Preservation of grant without increases for
states failing to remain qualifying states.--Each State
that is not a qualifying State for a fiscal year
specified in subparagraph (A)(ii) but was a qualifying
State for a prior fiscal year shall, subject to
subparagraph (F), be entitled to receive from the
Secretary for the specified fiscal year, a grant in an
amount equal to the amount required to be paid to the
State under this paragraph for the most recent fiscal
year for which the State was a qualifying State.
``(C) Qualifying state.--
``(i) In general.--For purposes of this
paragraph, a State is a qualifying State for a
fiscal year if--
``(I) the level of welfare spending
per poor person by the State for the
immediately preceding fiscal year is
less than the national average level of
State welfare spending per poor person
for such preceding fiscal year; and
``(II) the population growth rate of
the State (as determined by the Bureau
of the Census) for the most recent
fiscal year for which information is
available exceeds the average population
growth rate for all States (as so
determined) for such most recent fiscal
year.
``(ii) State must qualify in fiscal year
1997.--Notwithstanding clause (i), a State shall
not be a qualifying State for any fiscal year
after 1998 by reason
[[Page 110 STAT. 2120]]