[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 270 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 270

To amend part B of title IV of the Social Security Act to provide for a 
 set-aside of funds for States that have enacted certain divorce laws, 
  to amend the Legal Services Corporation Act to prohibit the use of 
   funds made available under the Act to provide legal assistance in 
certain proceedings relating to divorces and legal separations, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 7, 1997

 Mrs. Roukema introduced the following bill; which was referred to the 
 Committee on Ways and Means, and in addition to the Committee on the 
 Judiciary, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend part B of title IV of the Social Security Act to provide for a 
 set-aside of funds for States that have enacted certain divorce laws, 
  to amend the Legal Services Corporation Act to prohibit the use of 
   funds made available under the Act to provide legal assistance in 
certain proceedings relating to divorces and legal separations, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Family Reconciliation Act''.

SEC. 2. SET-ASIDE FOR STATES WITH APPROVED FAMILY RECONCILIATION PLANS.

    (a) In General.--
            (1) Set-aside.--Section 430(d) of the Social Security Act 
        (42 U.S.C. 629(d)) is amended by adding at the end the 
        following new paragraph:
            ``(4) Family reconciliation.--The Secretary shall reserve 
        10 percent of the amounts described in subsection (b) for each 
        fiscal year, for allotment to States with family reconciliation 
        plans approved under section 432(c)(3) to develop and conduct 
        counseling programs described in section 432(c)(2)(B).''.
            (2) Assistance in developing family reconciliation 
        counseling programs.--Section 430(d)(1) of such Act (42 U.S.C. 
        629(d)(1)) is amended--
                    (A) in subparagraph (A), by striking ``and'' at the 
                end;
                    (B) in subparagraph (B), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(C) in assisting States in developing and 
                operating counseling programs described in section 
                432(c)(2)(B).''.
            (3) Family reconciliation plans.--Section 432 of such Act 
        (42 U.S.C. 629(b)) is amended by adding at the end the 
        following new subsection:
    ``(c) Family Reconciliation Plans.--
            ``(1) Plan requirements.--A State family reconciliation 
        plan meets the requirements of this paragraph if the plan 
        demonstrates that the State has in effect the laws referred to 
        in paragraph (2).
            ``(2) Satisfaction of plan requirements.--In order to 
        satisfy paragraph (1), a State must have in effect laws 
        requiring that, prior to a final dissolution of marriage of a 
        couple who have one or more children under 12 years of age, the 
        couple shall be required to--
                    ``(A) undergo a minimum 60-day waiting period 
                beginning on the date dissolution documents are filed; 
                and
                    ``(B) participate in counseling programs offered by 
                a public or private counseling service that includes 
                discussion of the psychological and economic impact of 
                the divorce on the couple, the children of the couple, 
                and society.''.
            ``(3) Approval of plans.--The Secretary shall approve a 
        plan that meets the requirements of paragraph (1).''.
            (4) Allotment.--Section 433 of such Act (42 U.S.C. 633) is 
        amended by adding at the end the following new subsection:
    ``(d) Allotments to States With Approved Family Reconciliation 
Plans.--
            ``(1) In general.--From the amount reserved pursuant to 
        section 430(d)(4) for any fiscal year, the Secretary shall 
        allot to each State (other than an Indian tribe) with a family 
        reconciliation plan approved under section 432(c)(3), an amount 
        that bears the same ratio to the amount reserved under such 
        section as the average annual number of final dissolutions of 
        marriage described in paragraph (2) in the State for the 3 
        fiscal years referred to in subsection (c)(2)(B) bears to the 
        average annual number of such final dissolutions of marriage in 
        such 3-year period in all States with family reconciliation 
        plans approved under section 432(c)(3).
            ``(2) Final dissolutions of marriage described.--For 
        purposes of paragraph (1), a final dissolution of marriage 
        described in this paragraph is a final dissolution of marriage 
        of a couple who have one or more children under 12 years of 
        age.''.
            (5) Entitlement.--
                    (A) In general.--Section 434(a) of such Act (42 
                U.S.C. 629d(a)) is amended by adding at the end the 
                following new paragraph:
            ``(3) Family Reconciliation Amount.--Each State with a 
        family reconciliation plan approved under section 432(c)(3) 
        shall be entitled to an amount equal to the allotment of the 
        State under section 433(d) for the fiscal year.
                    (B) Conforming amendment.--Section 434(a) of such 
                Act (42 U.S.C. 629d(a)) is amended by striking 
                ``paragraph (2)'' and inserting ``paragraphs (2) and 
                (3)''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on October 1, 1995.

SEC. 3. USE OF FUNDS UNDER LEGAL SERVICES CORPORATION ACT.

    Section 1007(b) of the Legal Services Corporation Act (42 U.S.C. 
2996f(b)) is amended--
            (1) in paragraph (9), by striking ``; or'' and inserting a 
        semicolon;
            (2) in paragraph (10), by striking the period and inserting 
        ``; or''; and
            (3) by adding at the end the following:
            ``(11) to provide legal assistance to an eligible client 
        with respect to a proceeding or litigation in which the client 
        seeks to obtain a dissolution of a marriage or a legal 
        separation from a spouse, except that nothing in this paragraph 
        shall prohibit a recipient from providing legal assistance to 
        the client with respect to the proceeding or litigation if a 
        court of appropriate jurisdiction has determined that the 
        spouse has physically or mentally abused the client.''.
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