[Congressional Record Volume 143, Number 53 (Tuesday, April 29, 1997)]
[House]
[Pages H1917-H1935]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
WELFARE REFORM TECHNICAL CORRECTIONS ACT OF 1997
Mr. SHAW. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 1048) to make technical amendments relating to the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996, as
amended.
The Clerk read as follows:
H.R. 1048
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 ``Welfare Reform Technical
Corrections Act of 1997''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--BLOCK GRANTS FOR TEMPORARY ASSISTANCE TO NEEDY FAMILIES
Sec. 101. Amendment of the Social Security Act.
Sec. 102. Eligible States; State plan.
Sec. 103. Grants to States.
Sec. 104. Use of grants.
Sec. 105. Mandatory work requirements.
Sec. 106. Prohibitions; requirements.
Sec. 107. Penalties.
Sec. 108. Data collection and reporting.
Sec. 109. Direct funding and administration by Indian Tribes.
Sec. 110. Research, evaluations, and national studies.
Sec. 111. Report on data processing.
Sec. 112. Study on alternative outcomes measures.
Sec. 113. Limitation on payments to the territories.
Sec. 114. Conforming amendments to the Social Security Act.
Sec. 115. Other conforming amendments.
Sec. 116. Modifications to the job opportunities for certain low-income
individuals program.
Sec. 117. Denial of assistance and benefits for drug-related
convictions.
Sec. 118. Transition rule.
Sec. 119. Effective dates.
TITLE II--SUPPLEMENTAL SECURITY INCOME
Subtitle A--Conforming and Technical Amendments
Sec. 201. Conforming and technical amendments relating to eligibility
restrictions
Sec. 202. Conforming and technical amendments relating to benefits for
disabled children.
Sec. 203. Additional technical amendments to title II.
Sec. 204. Additional technical amendments to title XVI.
Sec. 205. Additional technical amendments relating to titles II and
XVI.
Sec. 206. Effective dates.
Subtitle B--Additional Amendments
Sec. 211. Technical amendments relating to drug addicts and alcoholics.
Sec. 212. Extension of disability insurance program demonstration
project authority.
Sec. 213. Perfecting amendments related to withholding from social
security benefits.
Sec. 214. Treatment of prisoners.
Sec. 215. Social Security Advisory Board personnel.
TITLE III--CHILD SUPPORT
Sec. 301. State obligation to provide child support enforcement
services.
Sec. 302. Distribution of collected support.
Sec. 303. Civil penalties relating to State directory of new hires.
Sec. 304. Federal Parent Locator Service.
Sec. 305. Access to registry data for research purposes.
Sec. 306. Collection and use of social security numbers for use in
child support enforcement.
Sec. 307. Adoption of uniform State laws.
Sec. 308. State laws providing expedited procedures.
Sec. 309. Voluntary paternity acknowledgement.
Sec. 310. Calculation of paternity establishment percentage.
Sec. 311. Means available for provision of technical assistance and
operation of Federal Parent Locator Service.
Sec. 312. Authority to collect support from Federal employees.
Sec. 313. Definition of support order.
Sec. 314. State law authorizing suspension of licenses.
Sec. 315. International support enforcement.
Sec. 316. Child support enforcement for Indian Tribes.
Sec. 317. Continuation of rules for distribution of support in the case
of a title IV-E child.
Sec. 318. Good cause in foster care and food stamp cases.
Sec. 319. Date of collection of support.
Sec. 320. Administrative enforcement in interstate cases.
Sec. 321. Work orders for arrearages.
Sec. 322. Additional technical State plan amendments.
Sec. 323. Federal Case Registry of Child Support Orders.
Sec. 324. Full faith and credit for child support orders.
Sec. 325. Development costs of automated systems.
Sec. 326. Additional technical amendments.
Sec. 327. Effective date.
TITLE IV--RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS
Subtitle A--Eligibility for Federal, State, and Local Benefits
Sec. 401. Alien eligibility for Federal benefits: limited application
to medicare and benefits under the Railroad Retirement
Act.
Sec. 402. Exceptions to benefit limitations: corrections to reference
concerning aliens whose deportation is withheld.
Sec. 403. Veterans exception: application of minimum active duty
service requirement; extension to unremarried surviving
spouse; expanded definition of veteran.
[[Page H1918]]
Sec. 404. Correction of reference concerning Cuban and Haitian
entrants.
Sec. 405. Notification concerning aliens not lawfully present:
correction of terminology.
Sec. 406. Freely associated states: contracts and licenses.
Sec. 407. Congressional statement regarding benefits for Hmong and
other highland Lao veterans.
Subtitle B--General Provisions
Sec. 411. Determination of treatment of battered aliens as qualified
aliens; inclusion of alien child of battered parent as
qualified alien.
Sec. 412. Verification of eligibility for benefits.
Sec. 413. Qualifying quarters: disclosure of quarters of coverage
information; correction to assure that crediting applies
to all quarters earned by parents before child is 18.
Sec. 414. Statutory construction: benefit eligibility limitations
applicable only with respect to aliens present in United
States.
Subtitle C--Miscellaneous Clerical and Technical Amendments; Effective
Date
Sec. 421. Correcting miscellaneous clerical and technical errors.
Sec. 422. Effective date.
TITLE V--CHILD PROTECTION
Sec. 501. Conforming and technical amendments relating to child
protection.
Sec. 502. Additional technical amendments relating to child protection.
Sec. 503. Effective date.
TITLE VI--CHILD CARE
Sec. 601. Conforming and technical amendments relating to child care.
Sec. 602. Additional conforming and technical amendments.
Sec. 603. Repeals.
Sec. 604. Effective dates.
TITLE VII--ERISA AMENDMENTS RELATING TO MEDICAL CHILD SUPPORT ORDERS
Sec. 701. Amendments relating to section 303 of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996.
Sec. 702. Amendment relating to section 381 of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996.
Sec. 703. Amendments relating to section 382 of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996.
TITLE I--BLOCK GRANTS FOR TEMPORARY ASSISTANCE TO NEEDY FAMILIES
SEC. 101. AMENDMENT OF THE SOCIAL SECURITY ACT.
Except as otherwise expressly provided, wherever in this
title an amendment or repeal is expressed in terms of an
amendment to, or repeal of a section or other provision, the
reference shall be considered to be made to a section or
other provision of the Social Security Act, and if the
section or other provision is of part A of title IV of such
Act, the reference shall be considered to be made to the
section or other provision as amended by section 103, and as
in effect pursuant to section 116, of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996.
SEC. 102. ELIGIBLE STATES; STATE PLAN.
(a) Later Deadline for Submission of State Plans.--Section
402(a) (42 U.S.C. 602(a)) is amended by striking ``2-year
period immediately preceding'' and inserting ``27-month
period ending with the close of the 1st quarter of''.
(b) Clarification of Scope of Work Provisions.--Section
402(a)(1)(A)(ii) (42 U.S.C. 602(a)(1)(A)(ii)) is amended by
inserting ``, consistent with section 407(e)(2)'' before the
period.
(c) Correction of Cross-Reference.--Section 402(a)(1)(A)(v)
(42 U.S.C. 602(a)(1)(A)(v)) is amended by striking
``403(a)(2)(B)'' and inserting ``403(a)(2)(C)(iii)''.
(d) Notification of Plan Amendments.--Section 402 (42
U.S.C. 602) is amended--
(1) by redesignating subsection (b) as subsection (c) and
inserting after subsection (a) the following:
``(b) Plan Amendments.--Within 30 days after a State amends
a plan submitted pursuant to subsection (a), the State shall
notify the Secretary of the amendment.''; and
(2) in subsection (c) (as so redesignated), by inserting
``or plan amendment'' after ``plan''.
SEC. 103. GRANTS TO STATES.
(a) Bonus for Decrease in Illegitimacy Modified To Take
Account of Certain Territories.--
(1) In general.--Section 403(a)(2)(B) (42 U.S.C.
603(a)(2)(B)) is amended to read as follows:
``(B) Amount of grant.--
``(i) In general.--If, for a bonus year, none of the
eligible States is Guam, the Virgin Islands, or American
Samoa, then the amount of the grant shall be--
``(I) $20,000,000 if there are 5 eligible States; or
``(II) $25,000,000 if there are fewer than 5 eligible
States.
``(ii) Amount if certain territories are eligible.--If, for
a bonus year, Guam, the Virgin Islands, or American Samoa is
an eligible State, then the amount of the grant shall be--
``(I) in the case of such a territory, 25 percent of the
mandatory ceiling amount (as defined in section 1108(c)(4))
with respect to the territory; and
``(II) in the case of a State that is not such a
territory--
``(aa) if there are 5 eligible States other than such
territories, $20,000,000, minus \1/5\ of the total amount of
the grants payable under this paragraph to such territories
for the bonus year; or
``(bb) if there are fewer than 5 such eligible States,
$25,000,000, or such lesser amount as may be necessary to
ensure that the total amount of grants payable under this
paragraph for the bonus year does not exceed $100,000,000.''.
(2) Certain territories to be ignored in ranking other
states.--Section 403(a)(2)(C)(i)(I)(aa) (42 U.S.C.
603(a)(2)(C)(i)(I)(aa)) is amended by adding at the end the
following: ``In the case of a State that is not a territory
specified in subparagraph (B), the comparative magnitude of
the decrease for the State shall be determined without regard
to the magnitude of the corresponding decrease for any such
territory.''.
(b) Computation of Bonus Based on Ratios of Out-of-Wedlock
Births to All Births Instead of Numbers of Out-of-Wedlock
Births.--Section 403(a)(2) (42 U.S.C. 603(a)(2)) is amended--
(1) in the paragraph heading, by inserting ``ratio'' before
the period;
(2) in subparagraph (A), by striking all that follows
``bonus year'' and inserting a period; and
(3) in subparagraph (C)--
(A) in clause (i)--
(i) in subclause (I)(aa)--
(I) by striking ``number of out-of-wedlock births that
occurred in the State during'' and inserting ``illegitimacy
ratio of the State for''; and
(II) by striking ``number of such births that occurred
during'' and inserting ``illegitimacy ratio of the State
for''; and
(ii) in subclause (II)(aa)--
(I) by striking ``number of out-of-wedlock births that
occurred in'' each place such term appears and inserting
``illegitimacy ratio of''; and
(II) by striking ``calculate the number of out-of-wedlock
births'' and inserting ``calculate the illegitimacy ratio'';
and
(B) by adding at the end the following:
``(iii) Illegitimacy ratio.--The term `illegitimacy ratio'
means, with respect to a State and a period--
``(I) the number of out-of-wedlock births to mothers
residing in the State that occurred during the period;
divided by
``(II) the number of births to mothers residing in the
State that occurred during the period.''.
(c) Use of Calendar Year Data Instead of Fiscal Year Data
in Calculating Bonus for Decrease in Illegitimacy Ratio.--
Section 403(a)(2)(C) (42 U.S.C. 603(a)(2)(C)) is amended--
(1) in clause (i)--
(A) in subclause (I)(bb)--
(i) by striking ``the fiscal year'' and inserting ``the
calendar year for which the most recent data are available'';
and
(ii) by striking ``fiscal year 1995'' and inserting
``calendar year 1995'';
(B) in subclause (II), by striking ``fiscal'' each place
such term appears and inserting ``calendar''; and
(2) in clause (ii), by striking ``fiscal years'' and
inserting ``calendar years''.
(d) Correction of Heading.--Section 403(a)(3)(C)(ii) (42
U.S.C. 603(a)(3)(C)(ii)) is amended in the heading by
striking ``1997'' and inserting ``1998''.
(e) Clarification of Contingency Fund Provision.--Section
403(b) (42 U.S.C. 603(b)) is amended--
(1) in paragraph (6), by striking ``(5)'' and inserting
``(4)'';
(2) by striking paragraph (4) and redesignating paragraphs
(5) and (6) as paragraphs (4) and (5), respectively; and
(3) by inserting after paragraph (5) the following:
``(6) Annual reconciliation.--
``(A) In general.--Notwithstanding paragraph (3), if the
Secretary makes a payment to a State under this subsection in
a fiscal year, then the State shall remit to the Secretary,
within 1 year after the end of the first subsequent period of
3 consecutive months for which the State is not a needy
State, an amount equal to the amount (if any) by which--
``(i) the total amount paid to the State under paragraph
(3) of this subsection in the fiscal year; exceeds
``(ii) the product of--
``(I) the Federal medical assistance percentage for the
State (as defined in section 1905(b), as such section was in
effect on September 30, 1995);
``(II) the State's reimbursable expenditures for the fiscal
year; and
``(III) \1/12\ times the number of months during the fiscal
year for which the Secretary made a payment to the State
under such paragraph (3).
``(B) Definitions.--As used in subparagraph (A):
``(i) Reimbursable expenditures.--The term `reimbursable
expenditures' means, with respect to a State and a fiscal
year, the amount (if any) by which--
``(I) countable State expenditures for the fiscal year;
exceeds
``(II) historic State expenditures (as defined in section
409(a)(7)(B)(iii)), excluding any amount expended by the
State for child care under subsection (g) or (i) of section
402
[[Page H1919]]
(as in effect during fiscal year 1994) for fiscal year 1994.
``(ii) Countable state expenditures.--The term `countable
expenditures' means, with respect to a State and a fiscal
year--
``(I) the qualified State expenditures (as defined in
section 409(a)(7)(B)(i) (other than the expenditures
described in subclause (I)(bb) of such section)) under the
State program funded under this part for the fiscal year;
plus
``(II) any amount paid to the State under paragraph (3)
during the fiscal year that is expended by the State under
the State program funded under this part.''.
(f) Administration of Contingency Fund Transferred to the
Secretary of HHS.--Section 403(b)(7) (42 U.S.C. 603(b)(7)) is
amended to read as follows:
``(7) State defined.--As used in this subsection, the term
`State' means each of the 50 States and the District of
Columbia.''.
SEC. 104. USE OF GRANTS.
Section 404(a)(2) (42 U.S.C. 604(a)(2)) is amended by
inserting ``, or (at the option of the State) August 21,
1996'' before the period.
SEC. 105. MANDATORY WORK REQUIREMENTS.
(a) Family With a Disabled Parent Not Treated as a 2-Parent
Family.--Section 407(b)(2) (42 U.S.C. 607(b)(2)) is amended
by adding at the end the following:
``(C) Family with a disabled parent not treated as a 2-
parent family.--A family that includes a disabled parent
shall not be considered a 2-parent family for purposes of
subsections (a) and (b) of this section.''.
(b) Correction of Heading.--Section 407(b)(3) (42 U.S.C.
607(b)(3)) is amended in the heading by inserting ``and not
resulting from changes in state eligibility criteria'' before
the period.
(c) State Option To Include Individuals Receiving
Assistance Under a Tribal Work Program in Participation Rate
Calculation.--Section 407(b)(4) (42 U.S.C. 607(b)(4)) is
amended--
(1) in the heading, by inserting ``or tribal work program''
before the period; and
(2) by inserting ``or under a tribal work program to which
funds are provided under this part'' before the period.
(d) Sharing of 35-Hour Work Requirement Between Parents in
2-Parent Families.--Section 407(c)(1)(B) (42 U.S.C.
607(c)(1)(B)) is amended--
(1) in clause (i)--
(A) by striking ``is'' and inserting ``and the other parent
in the family are''; and
(B) by inserting ``a total of'' before ``at least''; and
(2) in clause (ii)--
(A) by striking ``individual's spouse is'' and inserting
``individual and the other parent in the family are'';
(B) by inserting ``for a total of at least 55 hours per
week'' before ``during the month''; and
(C) by striking ``20'' and inserting ``50''.
(e) Clarification of Effort Required in Work Activities.--
Section 407(c)(1)(B) (42 U.S.C. 607(c)(1)(B)) is amended by
striking ``making progress'' each place such term appears and
inserting ``participating''.
(f) Additional Condition Under Which 12 Weeks of Job Search
May Count as Work.--Section 407(c)(2)(A)(i) (42 U.S.C.
607(c)(2)(A)(i)) is amended by inserting ``or the State is a
needy State (within the meaning of section 403(b)(6))'' after
``United States''.
(g) Caretaker Relative of Child Under Age 6 Deemed To Be
Meeting Work Requirements if Engaged in Work for 20 Hours Per
Week.--Section 407(c)(2)(B) (42 U.S.C. 607(c)(2)(B)) is
amended--
(1) in the heading, by inserting ``or relative'' after
``parent'' each place such term appears; and
(2) by striking ``in a 1-parent family who is the parent''
and inserting ``who is the only parent or caretaker relative
in the family''.
(h) Extension to Married Teens of Rule That Receipt of
Sufficient Education Is Enough To Meet Work Participation
Requirements.--Section 407(c)(2)(C) (42 U.S.C. 607(c)(2)(C))
is amended--
(1) in the heading, by striking ``Teen head of household''
and inserting ``Single teen head of household or married
teen''; and
(2) by striking ``a single'' and inserting ``married or
a''.
(i) Clarification of Number of Hours of Participation in
Education Directly Related to Employment That Are Required in
Order for Single Teen Head of Household or Married Teen To Be
Deemed To Be Engaged in Work.--Section 407(c)(2)(C)(ii) (42
U.S.C. 607(c)(2)(C)(ii)) is amended by striking ``at least''
and all that follows through ``subsection'' and inserting
``an average of at least 20 hours per week during the
month''.
(j) Clarification of Refusal To Work for Purposes of Work
Penalties for Individuals.--Section 407(e)(2) (42 U.S.C.
607(e)(2)) is amended by striking ``work'' and inserting
``engage in work required in accordance with this section''.
SEC. 106. PROHIBITIONS; REQUIREMENTS.
(a) Elimination of Redundant Language; Clarification of
Home Residence Requirement.--Section 408(a)(1) (42 U.S.C.
608(a)(1)) is amended to read as follows:
``(1) No assistance for families without a minor child.--A
State to which a grant is made under section 403 shall not
use any part of the grant to provide assistance to a family,
unless the family includes a minor child who resides with the
family (consistent with paragraph (10)) or a pregnant
individual.''.
(b) Clarification of Terminology.--Section 408(a)(3) (42
U.S.C. 608(a)(3)) is amended--
(1) by striking ``leaves'' the 1st, 3rd, and 4th places
such term appears and inserting ``ceases to receive
assistance under''; and
(2) by striking ``the date the family leaves the program''
the 2nd place such term appears and inserting ``such date''.
(c) Elimination of Space.--Section 408(a)(5)(A)(ii) (42
U.S.C. 608(a)(5)(A)(ii)) is amended by striking
``described.-- For'' and inserting ``described.--For''.
(d) Corrections to 5-Year Limit on Assistance.--
(1) Clarification of limitation on hardship exemption.--
Section 408(a)(7)(C)(ii) (42 U.S.C. 608(a)(7)(C)(ii)) is
amended--
(A) by striking ``The number'' and inserting ``The average
monthly number''; and
(B) by inserting ``during the fiscal year or the
immediately preceding fiscal year (but not both), as the
State may elect'' before the period.
(2) Residence exception made more uniform and easier to
administer.--Section 408(a)(7)(D) (42 U.S.C. 608(a)(7)(D)) is
amended to read as follows:
``(D) Disregard of months of assistance received by adult
while living in indian country or an alaskan native village
with 50 percent unemployment.--
``(i) In general.--In determining the number of months for
which an adult has received assistance under a State or
tribal program funded under this part, the State or tribe
shall disregard any month during which the adult lived in
Indian country or an Alaskan Native village if the most
reliable data available with respect to the month (or a
period including the month) indicate that at least 50 percent
of the adults living in Indian country or in the village were
not employed.
``(ii) Indian country defined.--As used in clause (i), the
term `Indian country' has the meaning given such term in
section 1151 of title 18, United States Code.''.
(e) Reinstatement of Deeming and Other Rules Applicable to
Aliens Who Entered the United States Under Affidavits of
Support Formerly Used.--Section 408 (42 U.S.C. 608) is
amended by striking subsection (d) and inserting the
following:
``(d) Special Rules Relating to Treatment of Certain
Aliens.--For special rules relating to the treatment of
certain aliens, see title IV of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996.
``(e) Special Rules Relating to the Treatment of Non-213A
Aliens.--The following rules shall apply if a State elects to
take the income or resources of any sponsor of a non-213A
alien into account in determining whether the alien is
eligible for assistance under the State program funded under
this part, or in determining the amount or types of such
assistance to be provided to the alien:
``(1) Deeming of sponsor's income and resources.--For a
period of 3 years after a non-213A alien enters the United
States:
``(A) Income deeming rule.--The income of any sponsor of
the alien and of any spouse of the sponsor is deemed to be
income of the alien, to the extent that the total amount of
the income exceeds the sum of--
``(i) the lesser of--
``(I) 20 percent of the total of any amounts received by
the sponsor or any such spouse in the month as wages or
salary or as net earnings from self-employment, plus the full
amount of any costs incurred by the sponsor and any such
spouse in producing self-employment income in such month; or
``(II) $175;
``(ii) the cash needs standard established by the State for
purposes of determining eligibility for assistance under the
State program funded under this part for a family of the same
size and composition as the sponsor and any other individuals
living in the same household as the sponsor who are claimed
by the sponsor as dependents for purposes of determining the
sponsor's Federal personal income tax liability but whose
needs are not taken into account in determining whether the
sponsor's family has met the cash needs standard;
``(iii) any amounts paid by the sponsor or any such spouse
to individuals not living in the household who are claimed by
the sponsor as dependents for purposes of determining the
sponsor's Federal personal income tax liability; and
``(iv) any payments of alimony or child support with
respect to individuals not living in the household.
``(B) Resource deeming rule.--The resources of a sponsor of
the alien and of any spouse of the sponsor are deemed to be
resources of the alien to the extent that the aggregate value
of the resources exceeds $1,500.
``(C) Sponsors of multiple non-213a aliens.--If a person is
a sponsor of 2 or more non-213A aliens who are living in the
same home, the income and resources of the sponsor and any
spouse of the sponsor that would be deemed income and
resources of any such alien under subparagraph (A) shall be
divided into a number of equal shares equal to the number of
such aliens, and the State shall deem the income and
resources of each such alien to include 1 such share.
``(2) Ineligibility of non-213a aliens sponsored by
agencies; exception.--A non-213A alien whose sponsor is or
was a public or private agency shall be ineligible for
assistance under a State program funded under this part,
during a period of 3 years after the
[[Page H1920]]
alien enters the United States, unless the State agency
administering the program determines that the sponsor either
no longer exists or has become unable to meet the alien's
needs.
``(3) Information provisions.--
``(A) Duties of non-213a aliens.--A non-213A alien, as a
condition of eligibility for assistance under a State program
funded under this part during the period of 3 years after the
alien enters the United States, shall be required to provide
to the State agency administering the program--
``(i) such information and documentation with respect to
the alien's sponsor as may be necessary in order for the
State agency to make any determination required under this
subsection, and to obtain any cooperation from the sponsor
necessary for any such determination; and
``(ii) such information and documentation as the State
agency may request and which the alien or the alien's sponsor
provided in support of the alien's immigration application.
``(B) Duties of federal agencies.--The Secretary shall
enter into agreements with the Secretary of State and the
Attorney General under which any information available to
them and required in order to make any determination under
this subsection will be provided by them to the Secretary
(who may, in turn, make the information available, upon
request, to a concerned State agency).
``(4) Non-213a alien defined.--An alien is a non-213A alien
for purposes of this subsection if the affidavit of support
or similar agreement with respect to the alien that was
executed by the sponsor of the alien's entry into the United
States was executed other than pursuant to section 213A of
the Immigration and Nationality Act.
``(5) Inapplicability to alien minor sponsored by a
parent.--This subsection shall not apply to an alien who is a
minor child if the sponsor of the alien or any spouse of the
sponsor is a parent of the alien.
``(6) Inapplicability to certain categories of aliens.--
This subsection shall not apply to an alien who is--
``(A) admitted to the United States as a refugee under
section 207 of the Immigration and Nationality Act;
``(B) paroled into the United States under section
212(d)(5) of such Act for a period of at least 1 year; or
``(C) granted political asylum by the Attorney General
under section 208 of such Act.''.
SEC. 107. PENALTIES.
(a) States Given More Time To File Quarterly Reports.--
Section 409(a)(2)(A) (42 U.S.C. 609(a)(2)(A)) is amended by
striking ``1 month'' and inserting ``45 days''.
(b) Treatment of Support Payments Passed Through to
Families as Qualified State Expenditures.--Section
409(a)(7)(B)(i)(I)(aa) (42 U.S.C. 609(a)(7)(B)(i)(I)(aa)) is
amended by inserting ``, including any amount collected by
the State as support pursuant to a plan approved under part
D, on behalf of a family receiving assistance under the State
program funded under this part, that is distributed to the
family under section 457(a)(1)(B) and disregarded in
determining the eligibility of the family for, and the amount
of, such assistance'' before the period.
(c) Disregard of Expenditures Made To Replace Penalty Grant
Reductions.--Section 409(a)(7)(B)(i) (42 U.S.C.
609(a)(7)(B)(i)) is amended by redesignating subclause (III)
as subclause (IV) and by inserting after subclause (II) the
following:
``(III) Exclusion of amounts expended to replace penalty
grant reductions.--Such term does not include any amount
expended in order to comply with paragraph (12).''.
(d) Treatment of Families of Certain Aliens as Eligible
Families.--Section 409(a)(7)(B)(i)(IV) (42 U.S.C.
609(a)(7)(B)(i)(IV)), as so redesignated by subsection (c) of
this section, is amended--
(1) by striking ``and families'' and inserting
``families''; and
(2) by striking ``Act or section 402'' and inserting ``Act,
and families of aliens lawfully present in the United States
that would be eligible for such assistance but for the
application of title IV''.
(e) Elimination of Meaningless Language.--Section
409(a)(7)(B)(ii) (42 U.S.C. 609(a)(7)(B)(ii)) is amended by
striking ``reduced (if appropriate) in accordance with
subparagraph (C)(ii)''.
(f) Clarification of Source of Data To Be Used in
Determining Historic State Expenditures.--Section
409(a)(7)(B) (42 U.S.C. 609(a)(7)(B)) is amended by adding at
the end the following:
``(v) Source of data.--In determining expenditures by a
State for fiscal years 1994 and 1995, the Secretary shall use
information which was reported by the State on ACF Form 231
or (in the case of expenditures under part F) ACF Form 331,
available as of the dates specified in clauses (ii) and (iii)
of section 403(a)(1)(D).''.
(g) Clarification of Expenditures To Be Excluded in
Determining Historic State Expenditures.--Section
409(a)(7)(B)(iv) (42 U.S.C. 609(a)(7)(B)(iv)) is amended--
(1) in subclause (IV), by striking ``under Federal
programs'';
(2) by striking subclause (III) and redesignating subclause
(IV) as subclause (III); and
(3) in the 2nd sentence--
(A) by striking ``(IV)'' and inserting ``(III)'';
(B) by striking ``an amount equal to''; and
(C) by striking ``that equal'' and inserting ``that
equals''.
(h) Conforming Title IV-A Penalties to Title IV-D
Performance-Based Standards.--Section 409(a)(8) (42 U.S.C.
609(a)(8)) is amended to read as follows:
``(8) Noncompliance of state child support enforcement
program with requirements of part d.--
``(A) In general.--If the Secretary finds, with respect to
a State's program under part D, in a fiscal year beginning on
or after October 1, 1997--
``(i)(I) on the basis of data submitted by a State pursuant
to section 454(15)(B), or on the basis of the results of a
review conducted under section 452(a)(4), that the State
program failed to achieve the paternity establishment
percentages (as defined in section 452(g)(2)), or to meet
other performance measures that may be established by the
Secretary;
``(II) on the basis of the results of an audit or audits
conducted under section 452(a)(4)(C)(i) that the State data
submitted pursuant to section 454(15)(B) is incomplete or
unreliable; or
``(III) on the basis of the results of an audit or audits
conducted under section 452(a)(4)(C) that a State failed to
substantially comply with 1 or more of the requirements of
part D; and
``(ii) that, with respect to the succeeding fiscal year--
``(I) the State failed to take sufficient corrective action
to achieve the appropriate performance levels or compliance
as described in subparagraph (A)(i); or
``(II) the data submitted by the State pursuant to section
454(15)(B) is incomplete or unreliable;
the amounts otherwise payable to the State under this part
for quarters following the end of such succeeding fiscal
year, prior to quarters following the end of the first
quarter throughout which the State program has achieved the
paternity establishment percentages or other performance
measures as described in subparagraph (A)(i)(I), or is in
substantial compliance with 1 or more of the requirements of
part D as described in subparagraph (A)(i)(III), as
appropriate, shall be reduced by the percentage specified in
subparagraph (B).
``(B) Amount of reductions.--The reductions required under
subparagraph (A) shall be--
``(i) not less than 1 nor more than 2 percent;
``(ii) not less than 2 nor more than 3 percent, if the
finding is the 2nd consecutive finding made pursuant to
subparagraph (A); or
``(iii) not less than 3 nor more than 5 percent, if the
finding is the 3rd or a subsequent consecutive such finding.
``(C) Disregard of noncompliance which is of a technical
nature.--For purposes of this section and section 452(a)(4),
a State determined as a result of an audit--
``(i) to have failed to have substantially complied with 1
or more of the requirements of part D shall be determined to
have achieved substantial compliance only if the Secretary
determines that the extent of the noncompliance is of a
technical nature which does not adversely affect the
performance of the State's program under part D; or
``(ii) to have submitted incomplete or unreliable data
pursuant to section 454(15)(B) shall be determined to have
submitted adequate data only if the Secretary determines that
the extent of the incompleteness or unreliability of the data
is of a technical nature which does not adversely affect the
determination of the level of the State's paternity
establishment percentages (as defined under section
452(g)(2)) or other performance measures that may be
established by the Secretary.''.
(i) Correction of Reference to 5-Year Limit on
Assistance.--Section 409(a)(9) (42 U.S.C. 609(a)(9)) is
amended by striking ``408(a)(1)(B)'' and inserting
``408(a)(7)''.
(j) Correction of Errors in Penalty for Failure To Meet
Maintenance of Effort Requirement Applicable to the
Contingency Fund.--Section 409(a)(10) (42 U.S.C. 609(a)(10))
is amended--
(1) by striking ``the expenditures under the State program
funded under this part for the fiscal year (excluding any
amounts made available by the Federal Government)'' and
inserting ``the qualified State expenditures (as defined in
paragraph (7)(B)(i) (other than the expenditures described in
subclause (I)(bb) of that paragraph)) under the State program
funded under this part for the fiscal year'';
(2) by inserting ``excluding any amount expended by the
State for child care under subsection (g) or (i) of section
402 (as in effect during fiscal year 1994) for fiscal year
1994,'' after ``(as defined in paragraph (7)(B)(iii) of this
subsection),''; and
(3) by inserting ``that the State has not remitted under
section 403(b)(6)'' before the period.
(k) Penalty for State Failure to Expend Additional State
funds to Replace Grant Reductions.--Section 409(a)(12) (42
U.S.C. 609(a)(12)) is amended--
(1) in the heading--
(A) by striking ``Failure'' and inserting ``Requirement'';
and
(B) by striking ``reductions'' and inserting ``reductions;
penalty for failure to do so''; and
(2) by inserting ``, and if the State fails to do so, the
Secretary may reduce the grant payable to the State under
section 403(a)(1) for the fiscal year that follows such
succeeding fiscal year by an amount equal to not
[[Page H1921]]
more than 2 percent of the State family assistance grant''
before the period.
(l) Elimination of Certain Reasonable Cause Exceptions.--
Section 409(b)(2) (42 U.S.C. 609(b)(2)) is amended by
striking ``(7) or (8)'' and inserting ``(6), (7), (8), (10),
or (12)''.
(m) Clarification of What It Means To Correct a
Violation.--Section 409(c) (42 U.S.C. 609(c)) is amended--
(1) in each of subparagraphs (A) and (B) of paragraph (1),
by inserting ``or discontinue, as appropriate,'' after
``correct'';
(2) in paragraph (2)--
(A) in the heading, by inserting ``or discontinuing'' after
``correcting''; and
(B) by inserting ``or discontinues, as appropriate'' after
``corrects''; and
(3) in paragraph (3)--
(A) in the heading, by inserting ``or discontinue'' after
``correct''; and
(B) by inserting ``or discontinue, as appropriate,'' before
``the violation''.
(n) Certain Penalties Not Avoidable Through Corrective
Compliance Plans.--Section 409(c)(4) (42 U.S.C. 609(c)(4)) is
amended to read as follows:
``(4) Inapplicability to certain penalties.--This
subsection shall not apply to the imposition of a penalty
against a State under paragraph (6), (7), (8), (10), or (12)
of subsection (a).''.
SEC. 108. DATA COLLECTION AND REPORTING.
Section 411(a) (42 U.S.C. 611(a)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)--
(i) by striking clause (ii) and inserting the following:
``(ii) Whether a child receiving such assistance or an
adult in the family is receiving--
``(I) disability insurance benefits under section 223;
``(II) benefits based on disability under section 202;
``(III) aid under a State plan approved under title XIV (as
in effect without regard to the amendment made by section 301
of the Social Security Amendments of 1972));
``(IV) aid or assistance under a State plan approved under
title XVI (as in effect without regard to such amendment) by
reason of being permanently and totally disabled; or
``(V) supplemental security income benefits under title XVI
(as in effect pursuant to such amendment) by reason of
disability.'';
(ii) in clause (iv), by striking ``youngest child in'' and
inserting ``head of'';
(iii) in each of clauses (vii) and (viii), by striking
``status'' and inserting ``level''; and
(iv) by adding at the end the following:
``(xvii) With respect to each individual in the family who
has not attained 20 years of age, whether the individual is a
parent of a child in the family.''; and
(B) in subparagraph (B)--
(i) in the heading, by striking ``estimates'' and inserting
``samples''; and
(ii) in clause (i), by striking ``an estimate which is
obtained'' and inserting ``disaggregated case record
information on a sample of families selected''; and
(2) by redesignating paragraph (6) as paragraph (7) and
inserting after paragraph (5) the following:
``(6) Report on families receiving assistance.--The report
required by paragraph (1) for a fiscal quarter shall include
for each month in the quarter the number of families and
individuals receiving assistance under the State program
funded under this part (including the number of 2-parent and
1-parent families), and the total dollar value of such
assistance received by all families.''.
SEC. 109. DIRECT FUNDING AND ADMINISTRATION BY INDIAN TRIBES.
(a) Prorating of Tribal Family Assistance Grants.--Section
412(a)(1)(A) (42 U.S.C. 612(a)(1)(A)) is amended by inserting
``which shall be reduced for a fiscal year, on a pro rata
basis for each quarter, in the case of a tribal family
assistance plan approved during a fiscal year for which the
plan is to be in effect,'' before ``and shall''.
(b) Tribal Option To Operate Work Activities Program.--
Section 412(a)(2)(A) (42 U.S.C. 612(a)(2)(A)) is amended by
striking ``The Secretary'' and all that follows through
``2002'' and inserting ``For each of fiscal years 1997, 1998,
1999, 2000, 2001, and 2002, the Secretary shall pay to each
eligible Indian tribe that proposes to operate a program
described in subparagraph (C)''.
(c) Discretion of Tribes To Select Population To Be Served
by Tribal Work Activities Program.--Section 412(a)(2)(C) (42
U.S.C. 612(a)(2)(C)) is amended by striking ``members of the
Indian tribe'' and inserting ``such population and such
service area or areas as the tribe specifies''.
(d) Reduction of Appropriation for Tribal Work Activities
Programs.--Section 412(a)(2)(D) (42 U.S.C. 612(a)(2)(D)) is
amended by striking ``$7,638,474'' and inserting
``$7,633,287''.
(e) Availability of Corrective Compliance Plans to Indian
Tribes.--Section 412(f)(1) (42 U.S.C. 612(f)(1)) is amended
by striking ``and (b)'' and inserting ``(b), and (c)''.
(f) Eligibility of Tribes for Federal Loans for Welfare
Programs.--Section 412 (42 U.S.C. 612) is amended by
redesignating subsections (f), (g), and (h) as subsections
(g), (h), and (i), respectively, and by inserting after
subsection (e) the following:
``(f) Eligibility for Federal Loans.--Section 406 shall
apply to an Indian tribe with an approved tribal assistance
plan in the same manner as such section applies to a State,
except that section 406(c) shall be applied by substituting
`section 412(a)' for `section 403(a)'.''.
SEC. 110. RESEARCH, EVALUATIONS, AND NATIONAL STUDIES.
(a) Research.--
(1) Methods.--Section 413(a) (42 U.S.C. 613(a)) is amended
by inserting ``, directly or through grants, contracts, or
interagency agreements,'' before ``shall conduct''.
(2) Correction of cross reference.--Section 413(a) (42
U.S.C. 613(a)) is amended by striking ``409'' and inserting
``407''.
(b) Correction of Erroneously Indented Paragraph.--Section
413(e)(1) (42 U.S.C. 613(e)(1)) is amended to read as
follows:
``(1) In general.--The Secretary shall annually rank States
to which grants are made under section 403 based on the
following ranking factors:
``(A) Absolute out-of-wedlock ratios.--The ratio
represented by--
``(i) the total number of out-of-wedlock births in families
receiving assistance under the State program under this part
in the State for the most recent year for which information
is available; over
``(ii) the total number of births in families receiving
assistance under the State program under this part in the
State for the year.
``(B) Net changes in the out-of-wedlock ratio.--The
difference between the ratio described in subparagraph (A)
with respect to a State for the most recent year for which
such information is available and the ratio with respect to
the State for the immediately preceding year.''.
(c) Funding of Prior Authorized Demonstrations.--Section
413(h)(1)(D) (42 U.S.C. 613(h)(1)(D)) is amended by striking
``September 30, 1995'' and inserting ``August 22, 1996''.
(d) Child Poverty Reports.--
(1) Delayed due date for initial report.--Section 413(i)(1)
(42 U.S.C. 613(i)(1)) is amended by striking ``90 days after
the date of the enactment of this part'' and inserting
``November 30, 1997''.
(2) Modification of factors to be used in establishing
methodology for use in determining child poverty rates.--
Section 413(i)(5) (42 U.S.C. 613(i)(5)) is amended by
striking ``the county-by-county'' and inserting ``, to the
extent available, county-by-county''.
SEC. 111. REPORT ON DATA PROCESSING.
Section 106(a)(1) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (Public Law 104-193;
110 Stat. 2164) is amended by striking ``(whether in effect
before or after October 1, 1995)''.
SEC. 112. STUDY ON ALTERNATIVE OUTCOMES MEASURES.
Section 107(a) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (Public Law 104-193;
110 Stat. 2164) is amended by striking ``409(a)(7)(C)'' and
inserting ``408(a)(7)(C)''.
SEC. 113. LIMITATION ON PAYMENTS TO THE TERRITORIES.
(a) Certain Payments To Be Disregarded in Determining
Limitation.--Section 1108(a) (42 U.S.C. 1308) is amended to
read as follows:
``(a) Limitation on Total Payments to Each Territory.--
``(1) In general.--Notwithstanding any other provision of
this Act (except for paragraph (2) of this subsection), the
total amount certified by the Secretary of Health and Human
Services under titles I, X, XIV, and XVI, under parts A and E
of title IV, and under subsection (b) of this section, for
payment to any territory for a fiscal year shall not exceed
the ceiling amount for the territory for the fiscal year.
``(2) Certain payments disregarded.--Paragraph (1) of this
subsection shall be applied without regard to any payment
made under section 403(a)(2), 403(a)(4), 406, or 413(f).''.
(b) Certain Child Care and Social Services Expenditures by
Territories Treated as IV-A Expenditures for Purposes of
Matching Grant.--Section 1108(b)(1)(A) (42 U.S.C.
1308(b)(1)(A)) is amended by inserting ``, including any
amount paid to the State under part A of title IV that is
transferred in accordance with section 404(d) and expended
under the program to which transferred'' before the
semicolon.
(c) Elimination of Duplicative Maintenance of Effort
Requirement.--Section 1108 (42 U.S.C. 1308) is amended by
striking subsection (e).
SEC. 114. CONFORMING AMENDMENTS TO THE SOCIAL SECURITY ACT.
(a) Amendments to Part D of Title IV.--
(1) Corrections to determination of paternity establishment
percentages.--Section 452 (42 U.S.C. 652) is amended--
(A) in subsection (d)(3)(A), by striking all that follows
``for purposes of'' and inserting ``section 409(a)(8), to
achieve the paternity establishment percentages (as defined
under section 452(g)(2)) and other performance measures that
may be established by the Secretary, and to submit data under
section 454(15)(B) that is complete and reliable, and to
substantially comply with the requirements of this part;
and''; and
(B) in subsection (g)(1), by striking ``section 403(h)''
and inserting ``section 409(a)(8)''.
(2) Elimination of obsolete language.--Section 108(c)(8)(C)
of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (Public Law 104-193; 110 Stat.
2165) is amended by inserting ``and all that follows through
`the best interests of such child to do so' '' before ``and
inserting''.
(3) Insertion of language inadvertently omitted.--Section
108(c)(13) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (Public Law 104-193;
[[Page H1922]]
110 Stat. 2166) is amended by inserting ``and inserting
`pursuant to section 408(a)(3)' '' before the period.
(4) Elimination of obsolete cross reference.--Section
464(a)(1) (42 U.S.C. 664(a)(1)) is amended by striking
``section 402(a)(26)'' and inserting ``section 408(a)(3)''.
(b) Amendments to Part E of Title IV.--Each of the
following is amended by striking ``June 1, 1995'' each place
such term appears and inserting ``July 16, 1996'':
(1) Section 472(a) (42 U.S.C. 672(a)).
(2) Section 472(h) (42 U.S.C. 672(h)).
(3) Section 473(a)(2) (42 U.S.C. 673(a)(2)).
(4) Section 473(b) (42 U.S.C. 673(b)).
SEC. 115. OTHER CONFORMING AMENDMENTS.
(a) Elimination of Amendments Included Inadvertently.--
Section 110(l) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (Public Law 104-193;
110 Stat. 2173) is amended--
(1) by adding ``and'' at the end of paragraph (6); and
(2) by striking paragraph (7) and redesignating paragraph
(8) as paragraph (7).
(b) Correction of Citation.--Section 109(f) of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 (Public Law 104-193; 110 Stat. 2177) is amended by
striking ``93-186'' and inserting ``93-86''.
(c) Correction of Internal Cross Reference.--Section
103(a)(1) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (Public Law 104-193; 110 Stat.
2112) is amended by striking ``603(b)(2)'' and inserting
``603(b)''.
SEC. 116. MODIFICATIONS TO THE JOB OPPORTUNITIES FOR CERTAIN
LOW-INCOME INDIVIDUALS PROGRAM.
Section 112(5) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (Public Law 104-193;
110 Stat. 2177) is amended in each of subparagraphs (A) and
(B) by inserting ``under'' after ``funded''.
SEC. 117. DENIAL OF ASSISTANCE AND BENEFITS FOR DRUG-RELATED
CONVICTIONS.
(a) Extension of Certain Requirements Coordinated With
Delayed Effective Date for Successor Provisions.--Section
115(d)(2) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (Public Law 104-193; 110 Stat.
2181) is amended by striking ``convictions'' and inserting
``a conviction if the conviction is for conduct''.
(b) Immediate Effectiveness of Provisions Relating to
Research, Evaluations, and National Studies.--Section 116(a)
of such Act (Public Law 104-193; 110 Stat. 2181) is amended
by adding at the end the following:
``(6) Research, evaluations, and national studies.--Section
413 of the Social Security Act, as added by the amendment
made by section 103(a) of this Act, shall take effect on the
date of the enactment of this Act.''.
SEC. 118. TRANSITION RULE.
Section 116 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (Public Law 104-193;
110 Stat. 2181) is amended--
(1) in subsection (a)(2), by inserting ``(but subject to
subsection (b)(1)(A)(ii))'' after ``this section''; and
(2) in subsection (b)(1)(A)(ii), by striking ``June 30,
1997'' and inserting ``the later of June 30, 1997, or the day
before the date described in subsection (a)(2)(B) of this
section''.
SEC. 119. EFFECTIVE DATES.
(a) Amendments to Part A of Title IV of the Social Security
Act.--The amendments made by this title to a provision of
part A of title IV of the Social Security Act shall take
effect as if the amendments had been included in section
103(a) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 at the time such section became
law.
(b) Amendments to Parts D and E of Title IV of the Social
Security Act.--The amendments made by section 114 of this Act
shall take effect as if the amendments had been included in
section 108 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 at the time such
section 108 became law.
(c) Amendments to Other Amendatory Provisions.--The
amendments made by section 115(a) of this Act shall take
effect as if the amendments had been included in section 110
of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 at the time such section 110
became law.
(d) Amendments to Freestanding Provisions of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996.--The amendments made by this title to a provision of
the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 that, as of July 1, 1997, will not
have become part of another statute shall take effect as if
the amendments had been included in the provision at the time
the provision became law.
TITLE II--SUPPLEMENTAL SECURITY INCOME
Subtitle A--Conforming and Technical Amendments
SEC. 201. CONFORMING AND TECHNICAL AMENDMENTS RELATING TO
ELIGIBILITY RESTRICTIONS
(a) Denial of SSI Benefits for Fugitive Felons and
Probation and Parole Violators.--Section 1611(e)(6) of the
Social Security Act (42 U.S.C. 1382(e)(6)) is amended by
inserting ``and section 1106(c) of this Act'' after ``of
1986''.
(b) Treatment of Prisoners.--Section 1611(e)(1)(I)(i)(II)
of the Social Security Act (42 U.S.C. 1382(e)(1)(I)(i)(II))
is amended by striking ``inmate of the institution'' and all
that follows through ``this subparagraph'' and inserting
``individual who receives in the month preceding the first
month throughout which such individual is an inmate of the
jail, prison, penal institution, or correctional facility
that furnishes information respecting such individual
pursuant to subclause (I), or is confined in the institution
(that so furnishes such information) as described in section
202(x)(1)(A)(ii), a benefit under this title for such
preceding month, and who is determined by the Commissioner to
be ineligible for benefits under this title by reason of
confinement based on the information provided by such
institution''.
(c) Correction of Reference.--Section 1611(e)(1)(I)(i)(I)
of the Social Security Act (42 U.S.C. 1382(e)(1)(I)(i)(I)) is
amended by striking ``paragraph (1)'' and inserting ``this
paragraph''.
SEC. 202. CONFORMING AND TECHNICAL AMENDMENTS RELATING TO
BENEFITS FOR DISABLED CHILDREN.
(a) Eligibility Redeterminations for Current Recipients.--
Section 211(d)(2)(A) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (42 U.S.C. 1382c note)
is amended by striking ``1 year'' and inserting ``18
months''.
(b) Eligibility Redeterminations and Continuing Disability
Reviews.--
(1) Disability eligibility redeterminations required for
ssi recipients who attain 18 years of age.--Section
1614(a)(3)(H)(iii) of the Social Security Act (42 U.S.C.
1382c(a)(3)(H)(iii)) is amended by striking subclauses (I)
and (II) and all that follows and inserting the following:
``(I) by applying the criteria used in determining initial
eligibility for individuals who are age 18 or older; and
``(II) either during the 1-year period beginning on the
individual's 18th birthday or, in lieu of a continuing
disability review, whenever the Commissioner determines that
an individual's case is subject to a redetermination under
this clause.
With respect to any redetermination under this clause,
paragraph (4) shall not apply.''.
(2) Continuing disability review required for low birth
weight babies.--Section 1614(a)(3)(H)(iv) of the Social
Security Act (42 U.S.C. 1382c(a)(3)(H)(iv)) is amended--
(A) in subclause (I), by striking ``Not'' and inserting
``Except as provided in subclause (VI), not''; and
(B) by adding at the end the following:
``(VI) Subclause (I) shall not apply in the case of an
individual described in that subclause who, at the time of
the individual's initial disability determination, the
Commissioner determines has an impairment that is not
expected to improve within 12 months after the birth of that
individual, and who the Commissioner schedules for a
continuing disability review at a date that is after the
individual attains 1 year of age.''.
(c) Additional Accountability Requirements.--Section
1631(a)(2)(F) of the Social Security Act (42 U.S.C.
1383(a)(2)(F)) is amended--
(1) in clause (ii)(III)(bb), by striking ``the total
amount'' and all that follows through ``1613(c)'' and
inserting ``in any case in which the individual knowingly
misapplies benefits from such an account, the Commissioner
shall reduce future benefits payable to such individual (or
to such individual and his spouse) by an amount equal to the
total amount of such benefits so misapplied''; and
(2) by striking clause (iii) and inserting the following:
``(iii) The representative payee may deposit into the
account established under clause (i) any other funds
representing past due benefits under this title to the
eligible individual, provided that the amount of such past
due benefits is equal to or exceeds the maximum monthly
benefit payable under this title to an eligible individual
(including State supplementary payments made by the
Commissioner pursuant to an agreement under section 1616 or
section 212(b) of Public Law 93-66).''.
(d) Reduction in Cash Benefits Payable to Institutionalized
Individuals Whose Medical Costs Are Covered by Private
Insurance.--Section 1611(e) of the Social Security Act (42
U.S.C. 1382(e)) is amended--
(1) in paragraph (1)(B)--
(A) in the matter preceding clause (i), by striking
``hospital, extended care facility, nursing home, or
intermediate care facility'' and inserting ``medical
treatment facility'';
(B) in clause (ii)--
(i) in the matter preceding subclause (I), by striking
``hospital, home or''; and
(ii) in subclause (I), by striking ``hospital, home, or'';
(C) in clause (iii), by striking ``hospital, home, or'';
and
(D) in the matter following clause (iii), by striking
``hospital, extended care facility, nursing home, or
intermediate care facility which is a `medical institution or
nursing facility' within the meaning of section 1917(c)'' and
inserting ``medical treatment facility that provides services
described in section 1917(c)(1)(C)'';
(2) in paragraph (1)(E)--
(A) in clause (i)(II), by striking ``hospital, extended
care facility, nursing home, or intermediate care facility''
and inserting ``medical treatment facility''; and
(B) in clause (iii), by striking ``hospital, extended care
facility, nursing home, or intermediate care facility'' and
inserting ``medical treatment facility'';
(3) in paragraph (1)(G), in the matter preceding clause
(i)--
[[Page H1923]]
(A) by striking ``or which is a hospital, extended care
facility, nursing home, or intermediate care'' and inserting
``or is in a medical treatment''; and
(B) by inserting ``or, in the case of an individual who is
a child under the age of 18, under any health insurance
policy issued by a private provider of such insurance'' after
``title XIX''; and
(4) in paragraph (3)--
(A) by striking ``same hospital, home, or facility'' and
inserting ``same medical treatment facility''; and
(B) by striking ``same such hospital, home, or facility''
and inserting ``same such facility''.
(e) Correction of U.S.C. Citation.--Section 211(c) of the
Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (Public Law 104-193; 110 Stat. 2189) is amended
by striking ``1382(a)(4)'' and inserting ``1382c(a)(4)''.
SEC. 203. ADDITIONAL TECHNICAL AMENDMENTS TO TITLE II.
Title II of the Social Security Act (42 U.S.C. 401 et seq.)
is amended--
(1) in section 205(j)(4)(B)(i), by adding ``and'' at the
end; and
(2) in section 215(i)(2)(D), by striking ``He'' and
inserting ``The Commissioner of Social Security''.
SEC. 204. ADDITIONAL TECHNICAL AMENDMENTS TO TITLE XVI.
Section 1615(d) of the Social Security Act (42 U.S.C.
1382d(d)) is amended--
(1) in the first sentence, by inserting a comma after
``subsection (a)(1)''; and
(2) in the last sentence, by striking ``him'' and inserting
``the Commissioner''.
SEC. 205. ADDITIONAL TECHNICAL AMENDMENTS RELATING TO TITLES
II AND XVI.
Section 1110(a)(3) of the Social Security Act (42 U.S.C.
1310(a)(3)) is amended--
(1) by inserting ``(or the Commissioner, with respect to
any jointly financed cooperative agreement or grant
concerning titles II or XVI)'' after ``Secretary'' the first
place it appears; and
(2) by inserting ``(or the Commissioner, as applicable)''
after ``Secretary'' the second place it appears.
SEC. 206. EFFECTIVE DATES.
(a) In General.--Except as provided in subsection (b), the
amendments made by this subtitle shall take effect as if
included in the enactment of title II of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 (Public Law 104-193; 110 Stat. 2185).
(b) Exception.--The amendments made by section 205 shall
take effect as if included in the enactment of the Social
Security Independence and Program Improvements Act of 1994
(Public Law 103-296; 108 Stat. 1464).
Subtitle B--Additional Amendments
SEC. 211. TECHNICAL AMENDMENTS RELATING TO DRUG ADDICTS AND
ALCOHOLICS.
(a) Clarifications Relating to the Effective Date of the
Denial of Disability Benefits to Drug Addicts and
Alcoholics.--
(1) Amendments relating to disability benefits under title
ii.--Section 105(a)(5) of the Contract with America
Advancement Act of 1996 (Public Law 104-121; 110 Stat. 853)
is amended--
(A) in subparagraph (A), by striking ``by the Commissioner
of Social Security'' and ``by the Commissioner''; and
(B) by adding at the end the following new subparagraphs:
``(D) For purposes of this paragraph, an individual's
claim, with respect to benefits under title II of the Social
Security Act based on disability, which has been denied in
whole before the date of the enactment of this Act, may not
be considered to be finally adjudicated before such date if,
on or after such date--
``(i) there is pending a request for either administrative
or judicial review with respect to such claim, or
``(ii) there is pending, with respect to such claim, a
readjudication by the Commissioner of Social Security
pursuant to relief in a class action or implementation by the
Commissioner of a court remand order.
``(E) Notwithstanding the provisions of this paragraph,
with respect to any individual for whom the Commissioner of
Social Security does not perform the entitlement
redetermination before the date prescribed in subparagraph
(C), the Commissioner shall perform such entitlement
redetermination in lieu of a continuing disability review
whenever the Commissioner determines that the individual's
entitlement is subject to redetermination based on the
preceding provisions of this paragraph, and the provisions of
section 223(f) of the Social Security Act shall not apply to
such redetermination.''.
(2) Amendments relating to supplemental security income
disability benefits under title xvi.--Section 105(b)(5) of
such Act (Public Law 104-121; 110 Stat. 853) is amended--
(A) in subparagraph (A), by striking ``by the Commissioner
of Social Security'' and ``by the Commissioner''; and
(B) by redesignating subparagraph (D) as subparagraph (F)
and by inserting after subparagraph (C) the following new
subparagraphs:
``(D) For purposes of this paragraph, an individual's
claim, with respect to supplemental security income benefits
under title XVI of the Social Security Act based on
disability, which has been denied in whole before the date of
the enactment of this Act, may not be considered to be
finally adjudicated before such date if, on or after such
date--
``(i) there is pending a request for either administrative
or judicial review with respect to such claim, or
``(ii) there is pending, with respect to such claim, a
readjudication by the Commissioner of Social Security
pursuant to relief in a class action or implementation by the
Commissioner of a court remand order.
``(E) Notwithstanding the provisions of this paragraph,
with respect to any individual for whom the Commissioner does
not perform the eligibility redetermination before the date
prescribed in subparagraph (C), the Commissioner shall
perform such eligibility redetermination in lieu of a
continuing disability review whenever the Commissioner
determines that the individual's eligibility is subject to
redetermination based on the preceding provisions of this
paragraph, and the provisions of section 1614(a)(4) of the
Social Security Act shall not apply to such
redetermination.''.
(b) Corrections to Effective Date of Provisions Concerning
Representative Payees and Treatment Referrals of Drug Addicts
and Alcoholics.--
(1) Amendments relating to title ii disability
beneficiaries.--Section 105(a)(5)(B) of such Act (Public Law
104-121; 110 Stat. 853) is amended to read as follows:
``(B) The amendments made by paragraphs (2) and (3) shall
take effect on July 1, 1996, with respect to any individual--
``(i) whose claim for benefits is finally adjudicated on or
after the date of the enactment of this Act, or
``(ii) whose entitlement to benefits is based upon an
entitlement redetermination made pursuant to subparagraph
(C).''.
(2) Amendments relating to supplemental security income
recipients.--Section 105(b)(5)(B) of such Act (Public Law
104-121; 110 Stat. 853) is amended to read as follows:
``(B) The amendments made by paragraphs (2) and (3) shall
take effect on July 1, 1996, with respect to any individual--
``(i) whose claim for benefits is finally adjudicated on or
after the date of the enactment of this Act, or
``(ii) whose eligibility for benefits is based upon an
eligibility redetermination made pursuant to subparagraph
(C).''.
(c) Repeal of Obsolete Reporting Requirements.--Subsections
(a)(3)(B) and (b)(3)(B)(ii) of section 201 of the Social
Security Independence and Program Improvements Act of 1994
(Public Law 103-296; 108 Stat. 1497, 1504) are repealed.
(d) Effective Dates.--
(1) In general.--The amendments made by subsections (a) and
(b) shall take effect as if included in the enactment of
section 105 of the Contract with America Advancement Act of
1996 (Public Law 104-121; 110 Stat. 852 et seq.).
(2) Repeals.--The repeals made by subsection (c) shall take
effect on the date of the enactment of this Act.
SEC. 212. EXTENSION OF DISABILITY INSURANCE PROGRAM
DEMONSTRATION PROJECT AUTHORITY.
(a) In General.--Section 505 of the Social Security
Disability Amendments of 1980 (Public Law 96-265; 94 Stat.
473), as amended by section 12101 of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (Public Law 99-272; 100
Stat. 282), section 10103 of the Omnibus Budget
Reconciliation Act of 1989 (Public Law 101-239; 103 Stat.
2472), section 5120(f) of the Omnibus Budget Reconciliation
Act of 1990 (Public Law 101-508; 104 Stat. 1388-282), and
section 315 of the Social Security Independence and Program
Improvements Act of 1994 (Public Law 103-296; 108 Stat.
1531), is further amended--
(1) in paragraph (1) of subsection (a), by adding at the
end the following new sentence: ``The Commissioner may expand
the scope of any such experiment or demonstration project to
include any group of applicants for benefits under such
program with impairments which may reasonably be presumed to
be disabling for purposes of such experiment or demonstration
project, and may limit any such experiment or demonstration
project to any such group of applicants, subject to the terms
of such experiment or demonstration project which shall
define the extent of any such presumption.'';
(2) in paragraph (3) of subsection (a), by striking ``June
10, 1996'' and inserting ``June 10, 1999'';
(3) in paragraph (4) of subsection (a), by inserting ``and
on or before October 1, 1998,'' after ``1995,''; and
(4) in subsection (c), by striking ``October 1, 1996'' and
inserting ``October 1, 1999''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the date of the enactment of this Act.
SEC. 213. PERFECTING AMENDMENTS RELATED TO WITHHOLDING FROM
SOCIAL SECURITY BENEFITS.
(a) Inapplicability of Assignment Prohibition.--Section 207
of the Social Security Act (42 U.S.C. 407) is amended by
adding at the end the following new subsection:
``(c) Nothing in this section shall be construed to
prohibit withholding taxes from any benefit under this title,
if such withholding is done pursuant to a request made in
accordance with section 3402(p)(1) of the Internal Revenue
Code of 1986 by the person entitled to such benefit or such
persons' representative payee.''.
(b) Proper Allocation of Costs of Withholding Between the
Trust Funds and the General Fund.--Section 201(g) of such Act
(42 U.S.C. 401(g)) is amended--
[[Page H1924]]
(1) by inserting before the period in paragraph (1)(A)(ii)
the following: ``and the functions of the Social Security
Administration in connection with the withholding of taxes
from benefits, as described in section 207(c), pursuant to
requests by persons entitled to such benefits or such
persons' representative payee'';
(2) by inserting before the period at the end of paragraph
(1)(A) the following: ``and the functions of the Social
Security Administration in connection with the withholding of
taxes from benefits, as described in section 207(c), pursuant
to requests by persons entitled to such benefits or such
persons' representative payee'';
(3) in paragraph (1)(B)(i)(I), by striking ``subparagraph
(A)),'' and inserting ``subparagraph (A)) and the functions
of the Social Security Administration in connection with the
withholding of taxes from benefits, as described in section
207(c), pursuant to requests by persons entitled to such
benefits or such persons' representative payee,'';
(4) in paragraph (1)(C)(iii), by inserting before the
period the following: ``and the functions of the Social
Security Administration in connection with the withholding of
taxes from benefits, as described in section 207(c), pursuant
to requests by persons entitled to such benefits or such
persons' representative payee'';
(5) in paragraph (1)(D), by inserting after ``section 232''
the following: ``and the functions of the Social Security
Administration in connection with the withholding of taxes
from benefits as described in section 207(c)''; and
(6) in paragraph (4), by inserting after the first sentence
the following: ``The Board of Trustees of such Trust Funds
shall prescribe before January 1, 1998, the method of
determining the costs which should be borne by the general
fund in the Treasury of carrying out the functions of the
Social Security Administration in connection with the
withholding of taxes from benefits, as described in section
207(c), pursuant to requests by persons entitled to such
benefits or such persons' representative payee.''.
(c) Effective Date.--The amendments made by subsection (b)
shall apply to benefits paid on or after the first day of the
second month beginning after the month in which this Act is
enacted.
SEC. 214. TREATMENT OF PRISONERS.
(a) Implementation of Prohibition Against Payment of Title
II Benefits to Prisoners.--
(1) In general.--Section 202(x)(3) of the Social Security
Act (42 U.S.C. 402(x)(3)) is amended--
(A) by inserting ``(A)'' after ``(3)''; and
(B) by adding at the end the following new subparagraph:
``(B)(i) The Commissioner shall enter into an agreement,
with any interested State or local institution comprising a
jail, prison, penal institution, correctional facility, or
other institution a purpose of which is to confine
individuals as described in paragraph (1)(A), under which--
``(I) the institution shall provide to the Commissioner, on
a monthly basis and in a manner specified by the
Commissioner, the names, social security account numbers,
dates of birth, confinement commencement dates, and, to the
extent available to the institution, such other identifying
information concerning the individuals confined in the
institution as the Commissioner may require for the purpose
of carrying out paragraph (1); and
``(II) the Commissioner shall pay to the institution, with
respect to information described in subclause (I) concerning
each individual who is confined therein as described in
paragraph (1)(A), who receives a benefit under this title for
the month preceding the first month of such confinement, and
whose benefit under this title is determined by the
Commissioner to be not payable by reason of confinement based
on the information provided by the institution, $400 (subject
to reduction under clause (ii)) if the institution furnishes
the information to the Commissioner within 30 days after the
date such individual's confinement in such institution
begins, or $200 (subject to reduction under clause (ii)) if
the institution furnishes the information after 30 days after
such date but within 90 days after such date.
``(ii) The dollar amounts specified in clause (i)(II) shall
be reduced by 50 percent if the Commissioner is also required
to make a payment to the institution with respect to the same
individual under an agreement entered into under section
1611(e)(1)(I).
``(iii) There is authorized to be transferred from the
Federal Old-Age and Survivors Insurance Trust Fund and the
Federal Disability Insurance Trust Fund, as appropriate, such
sums as may be necessary to enable the Commissioner to make
payments to institutions required by clause (i)(II).
``(iv) The Commissioner is authorized to provide, on a
reimbursable basis, information obtained pursuant to
agreements entered into under clause (i) to any agency
administering a Federal or federally-assisted cash, food, or
medical assistance program for eligibility purposes.''.
(2) Effective date.--The amendments made by this subsection
shall apply to individuals whose period of confinement in an
institution commences on or after the first day of the fourth
month beginning after the month in which this Act is enacted.
(b) Elimination of Title II Requirement That Confinement
Stem From Crime Punishable by Imprisonment for More Than 1
Year.--
(1) In general.--Section 202(x)(1)(A) of such Act (42
U.S.C. 402(x)(1)(A)) is amended--
(A) in the matter preceding clause (i), by striking
``during'' and inserting ``throughout'';
(B) in clause (i), by striking ``an offense punishable by
imprisonment for more than 1 year (regardless of the actual
sentence imposed)'' and inserting ``a criminal offense''; and
(C) in clause (ii)(I), by striking ``an offense punishable
by imprisonment for more than 1 year'' and inserting ``a
criminal offense''.
(2) Effective date.--The amendments made by this subsection
shall apply to individuals whose period of confinement in an
institution commences on or after the first day of the fourth
month beginning after the month in which this Act is enacted.
(c) Inclusion of Title II Issues in Study and Report
Requirements Relating to Prisoners.--
(1) In general.--Section 203(b)(1) of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 (Public Law 104-193) is amended--
(A) in subparagraph (A), by striking ``section 1611(e)(1)''
and inserting ``sections 202(x) and 1611(e)(1)''; and
(B) in subparagraph (B), by striking ``section
1611(e)(1)(I)'' and inserting ``section 202(x)(3)(B) or
1611(e)(1)(I)''.
(2) Conforming amendment.--Section 203(c) of such Act is
amended by striking ``section 1611(e)(1)(I)'' and all that
follows and inserting the following: ``sections 202(x)(3)(B)
and 1611(e)(1)(I) of the Social Security Act.''.
(3) Application.--The amendments made by paragraph (1)
shall apply as if included in the enactment of section 203(b)
of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (Public Law 104-193). The
amendment made by paragraph (2) shall apply as if included in
the enactment of section 203(c) of such Act.
(d) Conforming Title XVI Amendments.--
(1) Fifty percent reduction in title xvi payment in case
involving comparable title ii payment.--Section 1611(e)(1)(I)
of the Social Security Act (42 U.S.C. 1382(e)(1)(I)), as
amended by section 201(b) of this Act, is amended further--
(A) in clause (i)(II), by inserting ``(subject to reduction
under clause (ii))'' after ``$400'' and after ``$200'';
(B) by redesignating clauses (ii) and (iii) as clauses
(iii) and (iv) respectively; and
(C) by inserting after clause (i) the following new clause:
``(ii) The dollar amounts specified in clause (i)(II) shall
be reduced by 50 percent if the Commissioner is also required
to make a payment to the institution with respect to the same
individual under an agreement entered into under section
202(x)(3)(B).''.
(2) Expansion of categories of institutions eligible to
enter into agreements with the commissioner.--Section
1611(e)(1)(I)(i) of such Act (42 U.S.C. 1382(e)(1)(I)(i)) is
amended in the matter preceding subclause (I) by striking
``institution'' and all that follows through ``section
202(x)(1)(A),'' and inserting ``institution comprising a
jail, prison, penal institution, or correctional facility, or
with any other interested State or local institution a
purpose of which is to confine individuals as described in
section 202(x)(1)(A)(ii),''.
(3) Effective date.--The amendments made by this subsection
shall take effect as if included in the enactment of section
203(a) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (Public Law 104-193; 110 Stat.
2186). The reference to section 202(x)(1)(A)(ii) of the
Social Security Act in section 1611(e)(1)(I)(i) of such Act
as amended by paragraph (2) shall be deemed a reference to
such section 202(x)(1)(A)(ii) as amended by subsection
(b)(1)(C).
(e) Exemption From Computer Matching Requirements.--
(1) In general.--Section 552a(a)(8)(B) of title 5, United
States Code, is amended--
(A) by striking ``or'' at the end of clause (v) and
inserting a semicolon;
(B) by inserting ``or'' at the end of clause (vi); and
(C) by inserting after clause (vi) the following new
clause:
``(vii) matches performed pursuant to section 202(x),
205(j), 1611(e)(1), or 1631(a)(2) of the Social Security
Act;''.
(2) Conforming amendment.--Section 1611(e)(1)(I)(iii) of
the Social Security Act (42 U.S.C. 1382(e)(1)(I)(iii)), as so
redesignated by subsection (d)(1)(B) of this section, is
amended--
(A) by striking ``(I) The provisions'' and all that follows
through ``(II) The Commissioner'' and inserting ``The
Commissioner''; and
(B) by inserting ``agency administering a'' before
``Federal or federally-assisted''.
(3) Effective date.--The amendments made by this subsection
shall take effect on the date of the enactment of this Act.
(f) Continued Denial of Benefits to Sex Offenders Remaining
Confined to Public Institutions Upon Completion of Prison
Term.--
(1) In General.--Section 202(x)(1)(A) of the Social
Security Act (42 U.S.C. 402(x)(1)(A)) is amended--
(A) in clause (i), by striking ``or'' at the end;
(B) in clause (ii)(IV), by striking the period and
inserting ``, or''; and
(C) by adding at the end the following new clause:
[[Page H1925]]
``(iii) immediately upon completion of confinement as
described in clause (i) pursuant to conviction of a criminal
offense an element of which is sexual activity, is confined
by court order in an institution at public expense pursuant
to a finding that the individual is a sexually dangerous
person or a sexual predator or a similar finding.''.
(2) Effective Date.--The amendments made by this subsection
shall apply with respect to benefits for months ending after
the date of the enactment of this Act.
SEC. 215. SOCIAL SECURITY ADVISORY BOARD PERSONNEL.
(a) In General.--Section 703(i) of the Social Security Act
(42 U.S.C. 903(i)) is amended--
(1) in the first sentence, by striking ``, and three'' and
all that follows through ``Board,''; and
(2) in the last sentence, by striking ``clerical''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect as if included in the enactment of section
108 of the Contract with America Advancement Act of 1996
(Public Law 104-121; 110 Stat. 857).
TITLE III--CHILD SUPPORT
SEC. 301. STATE OBLIGATION TO PROVIDE CHILD SUPPORT
ENFORCEMENT SERVICES.
(a) Individuals Subject to Fee For Child Support
Enforcement Services.--Section 454(6)(B) of the Social
Security Act (42 U.S.C. 654(6)(B)) is amended by striking
``individuals not receiving assistance under any State
program funded under part A, which'' and inserting ``an
individual, other than an individual receiving assistance
under a State program funded under part A or E, or under a
State plan approved under title XIX, or who is required by
the State to cooperate with the State agency administering
the program under this part pursuant to subsection (l) or (m)
of section 6 of the Food Stamp Act of 1977, and''.
(b) Correction of Reference.--Section 464(a)(2)(A) of the
Social Security Act (42 U.S.C. 654(a)(2)(A)) is amended in
the first sentence by striking ``section 454(6)'' and
inserting ``section 454(4)(A)(ii)''.
SEC. 302. DISTRIBUTION OF COLLECTED SUPPORT.
(a) Continuation of Assignments.--Section 457(b) of the
Social Security Act (42 U.S.C. 657(b)) is amended--
(1) by striking ``which were assigned'' and inserting
``assigned''; and
(2) by striking ``and which were in effect'' and all that
follows and inserting ``and in effect on September 30, 1997
(or such earlier date, on or after August 22, 1996, as the
State may choose), shall remain assigned after such date.''.
(b) State Option for Applicability.--
(1) In general.--Section 457(a) of the Social Security Act
(42 U.S.C. 657(a)) is amended by adding at the end the
following:
``(6) State option for applicability.--Notwithstanding any
other provision of this subsection, a State may elect to
apply the rules described in clauses (i)(II), (ii)(II), and
(v) of paragraph (2)(B) to support arrearages collected on
and after October 1, 1998, and, if the State makes such an
election, shall apply the provisions of this section, as in
effect and applied on the day before the date of enactment of
section 302 of the Personal Responsibility and Work
Opportunity Act of 1996 (Public Law 104-193, 110 Stat. 2200),
other than subsection (b)(1) (as so in effect), to amounts
collected before October 1, 1998.''.
(2) Conforming amendments.--Section 408(a)(3)(A) of the
Social Security Act (42 U.S.C. 608(a)(3)(A)) is amended--
(A) in clause (i), by inserting ``(I)'' after ``(i)'';
(B) in clause (ii)--
(i) by striking ``(ii)'' and inserting ``(II)''; and
(ii) by striking the period and inserting ``; or''; and
(C) by adding at the end, the following:
``(ii) if the State elects to distribute collections under
section 457(a)(6), the date the family ceases to receive
assistance under the program, if the assignment is executed
on or after October 1, 1998.''.
(c) Distribution of Collections With Respect to Families
Receiving Assistance.--Section 457(a)(1) of the Social
Security Act (42 U.S.C. 657(a)(1)) is amended by adding at
the end the following flush language:
``In no event shall the total of the amounts paid to the
Federal Government and retained by the State exceed the total
of the amounts that have been paid to the family as
assistance by the State.''.
(d) Families Under Certain Agreements.--Section 457(a)(4)
of the Social Security Act (42 U.S.C. 657(a)(4)) is amended
to read as follows:
``(4) Families under certain agreements.--In the case of an
amount collected for a family in accordance with a
cooperative agreement under section 454(33), distribute the
amount so collected pursuant to the terms of the
agreement.''.
(e) Study and Report.--Section 457(a)(5) of the Social
Security Act (42 U.S.C. 657(a)(5)) is amended by striking
``1998'' and inserting ``1999''.
(f) Corrections of References.--Section 457(a)(2)(B) of the
Social Security Act (42 U.S.C. 657(a)(2)(B)) is amended--
(1) in clauses (i)(I) and (ii)(I)--
(A) by striking ``(other than subsection (b)(1))'' each
place it appears; and
(B) by inserting ``(other than subsection (b)(1) (as so in
effect))'' after ``1996'' each place it appears; and
(2) in clause (ii)(II), by striking ``paragraph (4)'' and
inserting ``paragraph (5)''.
(g) Correction of Territorial Match.--Section 457(c)(3)(A)
of the Social Security Act (42 U.S.C. 657(c)(3)(A)) is
amended by striking ``the Federal medical assistance
percentage (as defined in section 1118)'' and inserting ``75
percent''.
(h) Definitions.--
(1) Federal share.--Section 457(c)(2) of the Social
Security Act (42 U.S.C. 657(c)(2)) is amended by striking
``collected'' the second place it appears and inserting
``distributed''.
(2) Federal medical assistance percentage.--Section
457(c)(3)(B) of the Social Security Act (42 U.S.C.
657(c)(3)(B)) is amended by striking ``as in effect on
September 30, 1996'' and inserting ``as such section was in
effect on September 30, 1995''.
(i) Conforming Amendments.--
(1) Section 464(a)(2)(A) of the Social Security Act (42
U.S.C. 664(a)(2)(A)) is amended, in the penultimate sentence,
by inserting ``in accordance with section 457'' after
``owed''.
(2) Section 466(a)(3)(B) of the Social Security Act (42
U.S.C. 666(a)(3)(B)) is amended by striking ``457(b)(4) or
(d)(3)'' and inserting ``457''.
SEC. 303. CIVIL PENALTIES RELATING TO STATE DIRECTORY OF NEW
HIRES.
Section 453A of the Social Security Act (42 U.S.C. 653a) is
amended--
(1) in subsection (d)--
(A) in the matter preceding paragraph (1), by striking
``shall be less than'' and inserting ``shall not exceed'';
and
(B) in paragraph (1), by striking ``$25'' and inserting
``$25 per failure to meet the requirements of this section
with respect to a newly hired employee''; and
(2) in subsection (g)(2)(B), by striking ``extracts'' and
all that follows through ``Labor'' and inserting
``information''.
SEC. 304. FEDERAL PARENT LOCATOR SERVICE.
(a) In General.--Section 453 of the Social Security Act (42
U.S.C. 653) is amended--
(1) in subsection (a)--
(A) by inserting ``(1)'' after ``(a)''; and
(B) by striking ``to obtain'' and all that follows through
the period and inserting ``for the purposes specified in
paragraphs (2) and (3).
``(2) For the purpose of establishing parentage,
establishing, setting the amount of, modifying, or enforcing
child support obligations, the Federal Parent Locator Service
shall obtain and transmit to any authorized person specified
in subsection (c)--
``(A) information on, or facilitating the discovery of, the
location of any individual--
``(i) who is under an obligation to pay child support;
``(ii) against whom such an obligation is sought; or
``(iii) to whom such an obligation is owed,
including the individual's social security number (or
numbers), most recent address, and the name, address, and
employer identification number of the individual's employer;
``(B) information on the individual's wages (or other
income) from, and benefits of, employment (including rights
to or enrollment in group health care coverage); and
``(C) information on the type, status, location, and amount
of any assets of, or debts owed by or to, any such
individual.
``(3) For the purpose of enforcing any Federal or State law
with respect to the unlawful taking or restraint of a child,
or making or enforcing a child custody or visitation
determination, as defined in section 463(d)(1), the Federal
Parent Locator Service shall be used to obtain and transmit
the information specified in section 463(c) to the authorized
persons specified in section 463(d)(2).'';
(2) by striking subsection (b) and inserting the following:
``(b)(1) Upon request, filed in accordance with subsection
(d), of any authorized person, as defined in subsection (c)
for the information described in subsection (a)(2), or of any
authorized person, as defined in section 463(d)(2) for the
information described in section 463(c), the Secretary shall,
notwithstanding any other provision of law, provide through
the Federal Parent Locator Service such information to such
person, if such information--
``(A) is contained in any files or records maintained by
the Secretary or by the Department of Health and Human
Services; or
``(B) is not contained in such files or records, but can be
obtained by the Secretary, under the authority conferred by
subsection (e), from any other department, agency, or
instrumentality of the United States or of any State,
and is not prohibited from disclosure under paragraph (2).
``(2) No information shall be disclosed to any person if
the disclosure of such information would contravene the
national policy or security interests of the United States or
the confidentiality of census data. The Secretary shall give
priority to requests made by any authorized person described
in subsection (c)(1). No information shall be disclosed to
any person if the State has notified the Secretary that the
State has reasonable evidence of domestic violence or child
abuse and the disclosure of such information could be harmful
to the custodial parent or the child of such parent, provided
that--
``(A) in response to a request from an authorized person
(as defined in subsection (c) and section 463(d)(2)), the
Secretary shall advise the authorized person that the
Secretary has been notified that there is reasonable evidence
of domestic violence or child
[[Page H1926]]
abuse and that information can only be disclosed to a court
or an agent of a court pursuant to subparagraph (B); and
``(B) information may be disclosed to a court or an agent
of a court described in subsection (c)(2) or section
463(d)(2)(B), if--
``(i) upon receipt of information from the Secretary, the
court determines whether disclosure to any other person of
that information could be harmful to the parent or the child;
and
``(ii) if the court determines that disclosure of such
information to any other person could be harmful, the court
and its agents shall not make any such disclosure.
``(3) Information received or transmitted pursuant to this
section shall be subject to the safeguard provisions
contained in section 454(26).''; and
(3) in subsection (c)--
(A) in paragraph (1), by striking ``or to seek to enforce
orders providing child custody or visitation rights''; and
(B) in paragraph (2)--
(i) by inserting ``or to serve as the initiating court in
an action to seek an order'' after ``issue an order''; and
(ii) by striking ``or to issue an order against a resident
parent for child custody or visitation rights''.
(b) Use of the Federal Parent Locator Service.--Section 463
of the Social Security Act (42 U.S.C. 663) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``any State which is able and willing to do
so,'' and inserting ``every State''; and
(ii) by striking ``such State'' and inserting ``each
State''; and
(B) in paragraph (2), by inserting ``or visitation'' after
``custody'';
(2) in subsection (b)(2), by inserting ``or visitation''
after ``custody'';
(3) in subsection (d)--
(A) in paragraph (1), by inserting ``or visitation'' after
``custody''; and
(B) in subparagraphs (A) and (B) of paragraph (2), by
inserting ``or visitation'' after ``custody'' each place it
appears;
(4) in subsection (f)(2), by inserting ``or visitation''
after ``custody''; and
(5) by striking ``noncustodial'' each place it appears.
SEC. 305. ACCESS TO REGISTRY DATA FOR RESEARCH PURPOSES.
(a) In General.--Section 453(j)(5) of the Social Security
Act (42 U.S.C. 653(j)(5)) is amended by inserting ``data in
each component of the Federal Parent Locator Service
maintained under this section and to'' before
``information''.
(b) Conforming Amendments.--Section 453 of the Social
Security Act (42 U.S.C. 653) is amended--
(1) in subsection (j)(3)(B), by striking ``registries'' and
inserting ``components''; and
(2) in subsection (k)(2), by striking ``subsection (j)(3)''
and inserting ``section 453A(g)(2)''.
SEC. 306. COLLECTION AND USE OF SOCIAL SECURITY NUMBERS FOR
USE IN CHILD SUPPORT ENFORCEMENT.
Section 466(a)(13) of the Social Security Act (42 U.S.C.
666(a)(13)) is amended--
(1) in subparagraph (A)--
(A) by striking ``commercial''; and
(B) by inserting ``recreational license,'' after
``occupational license,''; and
(2) in the matter following subparagraph (C), by inserting
``to be used on the face of the document while the social
security number is kept on file at the agency'' after ``other
than the social security number''.
SEC. 307. ADOPTION OF UNIFORM STATE LAWS.
Section 466(f) of the Social Security Act (42 U.S.C.
666(f)) is amended by striking ``together'' and all that
follows and inserting ``and as in effect on August 22, 1996,
including any amendments officially adopted as of such date
by the National Conference of Commissioners on Uniform State
Laws.''.
SEC. 308. STATE LAWS PROVIDING EXPEDITED PROCEDURES.
Section 466(c) of the Social Security Act (42 U.S.C.
666(c)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (E), by inserting ``, part E,'' after
``part A''; and
(B) in subparagraph (G), by inserting ``any current support
obligation and'' after ``to satisfy''; and
(2) in paragraph (2)(A)--
(A) in clause (i), by striking ``the tribunal and''; and
(B) in clause (ii)--
(i) by striking ``tribunal may'' and inserting ``court or
administrative agency of competent jurisdiction shall''; and
(ii) by striking ``filed with the tribunal'' and inserting
``filed with the State case registry''.
SEC. 309. VOLUNTARY PATERNITY ACKNOWLEDGEMENT.
Section 466(a)(5)(C)(i) of the Social Security Act (42
U.S.C. 666(a)(5)(C)(i)) is amended by inserting ``, or
through the use of video or audio equipment,'' after
``orally''.
SEC. 310. CALCULATION OF PATERNITY ESTABLISHMENT PERCENTAGE.
Section 452(g)(2) of the Social Security Act (42 U.S.C.
652(g)(2)) is amended, in the matter following subparagraph
(C), by striking ``subparagraph (A)'' and inserting
``subparagraphs (A) and (B)''.
SEC. 311. MEANS AVAILABLE FOR PROVISION OF TECHNICAL
ASSISTANCE AND OPERATION OF FEDERAL PARENT
LOCATOR SERVICE.
(a) Technical Assistance.--Section 452(j) of the Social
Security Act (42 U.S.C. 652(j)), is amended, in the matter
preceding paragraph (1), by striking ``to cover costs
incurred by the Secretary'' and inserting ``which shall be
available for use by the Secretary, either directly or
through grants, contracts, or interagency agreements,''.
(b) Operation of Federal Parent Locator Service.--
(1) Means available.--Section 453(o) of the Social Security
Act (42 U.S.C. 653(o)) is amended--
(A) in the heading, by striking ``Recovery of Costs'' and
inserting ``Use of Set-Aside Funds''; and
(B) by striking ``to cover costs incurred by the
Secretary'' and inserting ``which shall be available for use
by the Secretary, either directly or through grants,
contracts, or interagency agreements,''.
(2) Availability of funds.--Section 453(o) of the Social
Security Act (42 U.S.C. 653(o)) is amended by adding at the
end the following: ``Amounts appropriated under this
subsection for each of fiscal years 1997 through 2001 shall
remain available until expended.''.
SEC. 312. AUTHORITY TO COLLECT SUPPORT FROM FEDERAL
EMPLOYEES.
(a) Response to Notice or Process.--Section 459(c)(2)(C) of
the Social Security Act (42 U.S.C. 659(c)(2)(C)) is amended
by striking ``respond to the order, process, or
interrogatory'' and inserting ``withhold available sums in
response to the order or process, or answer the
interrogatory''.
(b) Moneys Subject to Process.--Section 459(h)(1) of the
Social Security Act (42 U.S.C. 659(h)(1)) is amended--
(1) in the matter preceding subparagraph (A) and in
subparagraph (A)(i), by striking ``paid or'' each place it
appears;
(2) in subparagraph (A)--
(A) in clause (ii)(V), by striking ``and'' at the end;
(B) in clause (iii)--
(i) by inserting ``or payable'' after ``paid''; and
(ii) by striking ``but'' and inserting ``; and''; and
(C) by inserting after clause (iii), the following:
``(iv) benefits paid or payable under the Railroad
Retirement System, but''; and
(3) in subparagraph (B)--
(A) in clause (i), by striking ``or'' at the end;
(B) in clause (ii), by striking the period and inserting
``; or''; and
(C) by adding at the end the following:
``(iii) of periodic benefits under title 38, United States
Code, except as provided in subparagraph (A)(ii)(V).''.
(c) Conforming Amendment.--Section 454(19)(B)(ii) of the
Social Security Act (42 U.S.C. 654(19)(B)(ii)) is amended by
striking ``section 462(e)'' and inserting ``section
459(i)(5)''.
SEC. 313. DEFINITION OF SUPPORT ORDER.
Section 453(p) of the Social Security Act (42 U.S.C.
653(p)), is amended by striking ``a child and'' and inserting
``of''.
SEC. 314. STATE LAW AUTHORIZING SUSPENSION OF LICENSES.
Section 466(a)(16) of the Social Security Act (42 U.S.C.
666(a)(16)) is amended by inserting ``and sporting'' after
``recreational''.
SEC. 315. INTERNATIONAL SUPPORT ENFORCEMENT.
Section 454(32)(A) of the Social Security Act (42 U.S.C.
654(32)(A)) is amended by striking ``section 459A(d)(2)'' and
inserting ``section 459A(d)''.
SEC. 316. CHILD SUPPORT ENFORCEMENT FOR INDIAN TRIBES.
(a) Cooperative Agreements by Indian Tribes and States for
Child Support Enforcement.--Section 454(33) of the Social
Security Act (42 U.S.C. 654(33)) is amended--
(1) by striking ``and enforce support orders, and'' and
inserting ``or enforce support orders, or'';
(2) by striking ``guidelines established by such tribe or
organization'' and inserting ``guidelines established or
adopted by such tribe or organization'';
(3) by striking ``funding collected'' and inserting
``collections''; and
(4) by striking ``such funding'' and inserting ``such
collections''.
(b) Correction of Subsection Designation.--Section 455 of
the Social Security Act (42 U.S.C. 655), is amended by
redesignating subsection (b), as added by section 375(b) of
the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (Public Law 104-193, 110 Stat.
2256), as subsection (f).
(c) Direct Grants to Tribes.--Section 455(f) of the Social
Security Act (42 U.S.C. 655(f)), as redesignated by
subsection (b), is amended to read as follows:
``(f) The Secretary may make direct payments under this
part to an Indian tribe or tribal organization that
demonstrates to the satisfaction of the Secretary that it has
the capacity to operate a child support enforcement program
meeting the objectives of this part, including establishment
of paternity, establishment, modification, and enforcement of
support orders, and location of absent parents. The Secretary
shall promulgate regulations establishing the requirements
which must be met by an Indian tribe or tribal organization
to be eligible for a grant under this subsection.''.
SEC. 317. CONTINUATION OF RULES FOR DISTRIBUTION OF SUPPORT
IN THE CASE OF A TITLE IV-E CHILD.
Section 457 of the Social Security Act (42 U.S.C. 657) is
amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``subsection
[[Page H1927]]
(e)'' and inserting ``subsections (e) and (f)''; and
(2) by adding at the end, the following:
``(f) Notwithstanding the preceding provisions of this
section, amounts collected by a State as child support for
months in any period on behalf of a child for whom a public
agency is making foster care maintenance payments under part
E--
``(1) shall be retained by the State to the extent
necessary to reimburse it for the foster care maintenance
payments made with respect to the child during such period
(with appropriate reimbursement of the Federal Government to
the extent of its participation in the financing);
``(2) shall be paid to the public agency responsible for
supervising the placement of the child to the extent that the
amounts collected exceed the foster care maintenance payments
made with respect to the child during such period but not the
amounts required by a court or administrative order to be
paid as support on behalf of the child during such period;
and the responsible agency may use the payments in the manner
it determines will serve the best interests of the child,
including setting such payments aside for the child's future
needs or making all or a part thereof available to the person
responsible for meeting the child's day-to-day needs; and
``(3) shall be retained by the State, if any portion of the
amounts collected remains after making the payments required
under paragraphs (1) and (2), to the extent that such portion
is necessary to reimburse the State (with appropriate
reimbursement to the Federal Government to the extent of its
participation in the financing) for any past foster care
maintenance payments (or payments of assistance under the
State program funded under part A) which were made with
respect to the child (and with respect to which past
collections have not previously been retained);
and any balance shall be paid to the State agency responsible
for supervising the placement of the child, for use by such
agency in accordance with paragraph (2).''.
SEC. 318. GOOD CAUSE IN FOSTER CARE AND FOOD STAMP CASES.
(a) State Plan.--Section 454(4)(A)(i) of the Social
Security Act (42 U.S.C. 654(4)(A)(i)) is amended--
(1) by striking ``or'' before ``(III)''; and
(2) by inserting ``or (IV) cooperation is required pursuant
to section 6(l)(1) of the Food Stamp Act of 1977 (7 U.S.C.
2015(l)(1)),'' after ``title XIX,''.
(b) Conforming Amendments.--Section 454(29) of the Social
Security Act (42 U.S.C. 654(29)) is amended--
(1) in subparagraph (A)--
(A) in the matter preceding clause (i), by striking ``part
A of this title or the State program under title XIX'' and
inserting ``part A, the State program under part E, the State
program under title XIX, or the food stamp program, as
defined under section 3(h) of the Food Stamp Act of 1977 (7
U.S.C. 2012(h)),''; and
(B) by striking clauses (i) and (ii) and all that follows
through the semicolon and inserting the following:
``(i) in the case of the State program funded under part A,
the State program under part E, or the State program under
title XIX shall, at the option of the State, be defined,
taking into account the best interests of the child, and
applied in each case, by the State agency administering such
program; and
``(ii) in the case of the food stamp program, as defined
under section 3(h) of the Food Stamp Act of 1977 (7 U.S.C.
2012(h)), shall be defined and applied in each case under
that program in accordance with section 6(l)(2) of the Food
Stamp Act of 1977 (7 U.S.C. 2015(l)(2));'';
(2) in subparagraph (D), by striking ``or the State program
under title XIX'' and inserting ``the State program under
part E, the State program under title XIX, or the food stamp
program, as defined under section 3(h) of the Food Stamp Act
of 1977 (7 U.S.C. 2012(h))''; and
(3) in subparagraph (E), by striking ``individual,'' and
all that follows through ``XIX,'' and inserting ``individual
and the State agency administering the State program funded
under part A, the State agency administering the State
program under part E, the State agency administering the
State program under title XIX, or the State agency
administering the food stamp program, as defined under
section 3(h) of the Food Stamp Act of 1977 (7 U.S.C.
2012(h)),''.
SEC. 319. DATE OF COLLECTION OF SUPPORT.
Section 454B(c)(1) of the Social Security Act (42 U.S.C.
654B(c)(1)) is amended by adding at the end the following:
``The date of collection for amounts collected and
distributed under this part is the date of receipt by the
State disbursement unit, except that if current support is
withheld by an employer in the month when due and is received
by the State disbursement unit in a month other than the
month when due, the date of withholding may be deemed to be
the date of collection.''.
SEC. 320. ADMINISTRATIVE ENFORCEMENT IN INTERSTATE CASES.
(a) Procedures.--Section 466(a)(14) of the Social Security
Act (42 U.S.C. 666(a)(14)) is amended to read as follows:
``(14) High-volume, automated administrative enforcement in
interstate cases.--
``(A) In general.--Procedures under which--
``(i) the State shall use high-volume automated
administrative enforcement, to the same extent as used for
intrastate cases, in response to a request made by another
State to enforce support orders, and shall promptly report
the results of such enforcement procedure to the requesting
State;
``(ii) the State may, by electronic or other means,
transmit to another State a request for assistance in
enforcing support orders through high-volume, automated
administrative enforcement, which request--
``(I) shall include such information as will enable the
State to which the request is transmitted to compare the
information about the cases to the information in the data
bases of the State; and
``(II) shall constitute a certification by the requesting
State--
``(aa) of the amount of support under an order the payment
of which is in arrears; and
``(bb) that the requesting State has complied with all
procedural due process requirements applicable to each case;
``(iii) if the State provides assistance to another State
pursuant to this paragraph with respect to a case, neither
State shall consider the case to be transferred to the
caseload of such other State; and
``(iv) the State shall maintain records of--
``(I) the number of such requests for assistance received
by the State;
``(II) the number of cases for which the State collected
support in response to such a request; and
``(III) the amount of such collected support.
``(B) High-volume automated administrative enforcement.--In
this part, the term `high-volume automated administrative
enforcement' means the use of automatic data processing to
search various State data bases, including license records,
employment service data, and State new hire registries, to
determine whether information is available regarding a parent
who owes a child support obligation.''.
(b) Incentive Payments.--Section 458(d) of the Social
Security Act (42 U.S.C. 658(d)) is amended by inserting ``,
including amounts collected under section 466(a)(14),'' after
``another State''.
SEC. 321. WORK ORDERS FOR ARREARAGES.
Section 466(a)(15) of the Social Security Act (42 U.S.C.
666(a)(15)) is amended to read as follows:
``(15) Procedures to ensure that persons owing overdue
support work or have a plan for payment of such support.--
Procedures under which the State has the authority, in any
case in which an individual owes overdue support with respect
to a child receiving assistance under a State program funded
under part A, to issue an order or to request that a court or
an administrative process established pursuant to State law
issue an order that requires the individual to--
``(A) pay such support in accordance with a plan approved
by the court, or, at the option of the State, a plan approved
by the State agency administering the State program under
this part; or
``(B) if the individual is subject to such a plan and is
not incapacitated, participate in such work activities (as
defined in section 407(d)) as the court, or, at the option of
the State, the State agency administering the State program
under this part, deems appropriate.''.
SEC. 322. ADDITIONAL TECHNICAL STATE PLAN AMENDMENTS.
Section 454 of the Social Security Act (42 U.S.C. 654) is
amended--
(1) in paragraph (8)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``noncustodial''; and
(ii) by inserting ``, for the purpose of establishing
parentage, establishing, setting the amount of, modifying, or
enforcing child support obligations, or making or enforcing a
child custody or visitation determination, as defined in
section 463(d)(1)'' after ``provide that'';
(B) in subparagraph (A), by striking the comma and
inserting a semicolon;
(C) in subparagraph (B), by striking the semicolon and
inserting a comma; and
(D) by inserting after subparagraph (B), the following
flush language:
``and shall, subject to the privacy safeguards required under
paragraph (26), disclose only the information described in
sections 453 and 463 to the authorized persons specified in
such sections for the purposes specified in such sections;'';
(2) in paragraph (17)--
(A) by striking ``in the case of a State which has'' and
inserting ``provide that the State will have''; and
(B) by inserting ``and'' after ``section 453,''; and
(3) in paragraph (26)--
(A) in the matter preceding subparagraph (A), by striking
``will'';
(B) in subparagraph (A)--
(i) by inserting ``, modify,'' after ``establish'', the
second place it appears; and
(ii) by inserting ``, or to make or enforce a child custody
determination'' after ``support'';
(C) in subparagraph (B)--
(i) by inserting ``or the child'' after ``1 party'';
(ii) by inserting ``or the child'' after ``former party'';
and
(iii) by striking ``and'' at the end;
(D) in subparagraph (C)--
(i) by inserting ``or the child'' after ``1 party'';
[[Page H1928]]
(ii) by striking ``another party'' and inserting ``another
person'';
(iii) by inserting ``to that person'' after ``release of
the information''; and
(iv) by striking ``former party'' and inserting ``party or
the child''; and
(E) by adding at the end the following:
``(D) in cases in which the prohibitions under
subparagraphs (B) and (C) apply, the requirement to notify
the Secretary, for purposes of section 453(b)(2), that the
State has reasonable evidence of domestic violence or child
abuse against a party or the child and that the disclosure of
such information could be harmful to the party or the child;
and
``(E) procedures providing that when the Secretary
discloses information about a parent or child to a State
court or an agent of a State court described in section
453(c)(2) or 463(d)(2)(B), and advises that court or agent
that the Secretary has been notified that there is reasonable
evidence of domestic violence or child abuse pursuant to
section 453(b)(2), the court shall determine whether
disclosure to any other person of information received from
the Secretary could be harmful to the parent or child and, if
the court determines that disclosure to any other person
could be harmful, the court and its agents shall not make any
such disclosure;''.
SEC. 323. FEDERAL CASE REGISTRY OF CHILD SUPPORT ORDERS.
Section 453(h) of the Social Security Act (42 U.S.C.
653(h)) is amended--
(1) in paragraph (1), by inserting ``and order'' after
``with respect to each case''; and
(2) in paragraph (2)--
(A) in the heading, by inserting ``and order'' after
``Case'';
(B) by inserting ``or an order'' after ``with respect to a
case'' and
(C) by inserting ``or order'' after ``and the State or
States which have the case''.
SEC. 324. FULL FAITH AND CREDIT FOR CHILD SUPPORT ORDERS.
Section 1738B(f) of title 28, United States Code, is
amended--
(1) in paragraph (4), by striking ``a court may'' and all
that follows and inserting ``a court having jurisdiction over
the parties shall issue a child support order, which must be
recognized.''; and
(2) in paragraph (5), by inserting ``under subsection (d)''
after ``jurisdiction''.
SEC. 325. DEVELOPMENT COSTS OF AUTOMATED SYSTEMS.
(a) Definition of State.--Section 455(a)(3)(B) of the
Social Security Act (42 U.S.C. 655(a)(3)(B)) is amended--
(1) in clause (i)--
(A) by inserting ``or system described in clause (iii)''
after ``each State''; and
(B) by inserting ``or system'' after ``the State''; and
(2) by adding at the end the following:
``(iii) For purposes of clause (i), a system described in
this clause is a system that has been approved by the
Secretary to receive enhanced funding pursuant to the Family
Support Act of 1988 (Public Law 100-485; 102 Stat. 2343) for
the purpose of developing a system that meets the
requirements of sections 454(16) (as in effect on and after
September 30, 1995) and 454A, including systems that have
received funding for such purpose pursuant to a waiver under
section 1115(a).''.
(b) Temporary Limitation On Payments.--Section 344(b)(2) of
the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (42 U.S.C. 655 note) is amended--
(1) in subparagraph (B)--
(A) by inserting ``or a system described in subparagraph
(C)'' after ``to a State''; and
(B) by inserting ``or system'' after ``for the State''; and
(2) in subparagraph (C), by striking ``Act,'' and all that
follows and inserting ``Act, and among systems that have been
approved by the Secretary to receive enhanced funding
pursuant to the Family Support Act of 1988 (Public Law 100-
485; 102 Stat. 2343) for the purpose of developing a system
that meets the requirements of sections 454(16) (as in effect
on and after September 30, 1995) and 454A, including systems
that have received funding for such purpose pursuant to a
waiver under section 1115(a), which shall take into account--
``(i) the relative size of such State and system caseloads
under part D of title IV of the Social Security Act; and
``(ii) the level of automation needed to meet the automated
data processing requirements of such part.''.
SEC. 326. ADDITIONAL TECHNICAL AMENDMENTS.
(a) Elimination of Surplusage.--Section 466(c)(1)(F) of the
Social Security Act (42 U.S.C. 666(c)(1)(F)) is amended by
striking ``of section 466''.
(b) Correction of Ambiguous Amendment.--Section
344(a)(1)(F) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (Public Law 104-193;
110 Stat. 2234) is amended by inserting ``the first place
such term appears'' before ``and all that follows''.
(c) Correction of Erroneously Drafted Provision.--Section
215 of the Department of Health and Human Services
Appropriations Act, 1997, (as contained in section 101(e) of
the Omnibus Consolidated Appropriations Act, 1997) is amended
to read as follows:
``Sec. 215. Sections 452(j) and 453(o) of the Social
Security Act (42 U.S.C. 652(j) and 653(o)), as amended by
section 345 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (Public Law 104-193;
110 Stat. 2237) are each amended by striking `section 457(a)'
and inserting `a plan approved under this part'. Amounts
available under such sections 452(j) and 453(o) shall be
calculated as though the amendments made by this section were
effective October 1, 1995.''.
(d) Elimination of Surplusage.--Section 456(a)(2)(B) of the
Social Security Act (42 U.S.C. 656(a)(2)(B)) is amended by
striking ``, and'' and inserting a period.
(e) Correction of Date.--Section 466(a)(1)(B) of the Social
Security Act (42 U.S.C. 666(a)(1)(B)) is amended by striking
``October 1, 1996'' and inserting ``January 1, 1994''.
SEC. 327. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), the
amendments made by this title shall take effect as if
included in the enactment of title III of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 (Public Law 104-193; 110 Stat. 2105).
(b) Exception.--The amendments made by section 302(b)(2)
shall take effect as if the amendments had been included in
the enactment of section 103(a) of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 (Public Law 104-193; 110 Stat. 2112).
TITLE IV--RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS
Subtitle A--Eligibility for Federal Benefits
SEC. 401. ALIEN ELIGIBILITY FOR FEDERAL BENEFITS: LIMITED
APPLICATION TO MEDICARE AND BENEFITS UNDER THE
RAILROAD RETIREMENT ACT.
(a) Limited Application to Medicare.--Section 401(b) of the
Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (8 U.S.C. 1611(b)) is amended by adding at the
end the following:
``(3) Subsection (a) shall not apply to any benefit payable
under title XVIII of the Social Security Act (relating to the
medicare program) to an alien who is lawfully present in the
United States as determined by the Attorney General and, with
respect to benefits payable under part A of such title, who
was authorized to be employed with respect to any wages
attributable to employment which are counted for purposes of
eligibility for such benefits.''.
(b) Limited Application to Benefits Under the Railroad
Retirement Act.--Section 401(b) of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 (8 U.S.C. 1611(b)) (as amended by subsection (a)) is
amended by inserting at the end the following:
``(4) Subsection (a) shall not apply to any benefit payable
under the Railroad Retirement Act of 1974 or the Railroad
Unemployment Insurance Act to an alien who is lawfully
present in the United States as determined by the Attorney
General or to an alien residing outside the United States.''.
SEC. 402. EXCEPTIONS TO BENEFIT LIMITATIONS: CORRECTIONS TO
REFERENCE CONCERNING ALIENS WHOSE DEPORTATION
IS WITHHELD.
Sections 402(a)(2)(A)(iii), 402(b)(2)(A)(iii),
403(b)(1)(C), 412(b)(1)(C), and 431(b)(5) of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 (8 U.S.C. 1612(a)(2)(A)(iii), 1612(b)(2)(A)(iii),
1613(b)(1)(C), 1622(b)(1)(C), and 1641(b)(5)) are each
amended by striking ``section 243(h) of such Act'' each place
it appears and inserting ``section 243(h) of such Act (as in
effect immediately before the effective date of section 307
of division C of Public Law 104-208) or section 241(b)(3) of
such Act (as amended by section 305(a) of division C of
Public Law 104-208)''.
SEC. 403. VETERANS EXCEPTION: APPLICATION OF MINIMUM ACTIVE
DUTY SERVICE REQUIREMENT; EXTENSION TO
UNREMARRIED SURVIVING SPOUSE; EXPANDED
DEFINITION OF VETERAN.
(a) Application of Minimum Active Duty Service
Requirement.--Sections 402(a)(2)(C)(i), 402(b)(2)(C)(i),
403(b)(2)(A), and 412(b)(3)(A) of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1612(a)(2)(C)(i), 1612(b)(2)(C)(i), 1613(b)(2)(A), and
1622(b)(3)(A)) are each amended by inserting ``and who
fulfills the minimum active-duty service requirements of
section 5303A(d) of title 38, United States Code'' after
``alienage''.
(b) Exception Applicable to Unremarried Surviving Spouse.--
Section 402(a)(2)(C)(iii), 402(b)(2)(C)(iii), 403(b)(2)(C),
and 412(b)(3)(C) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C.
1612(a)(2)(C)(iii), 1612(b)(2)(C)(iii), 1613(b)(2)(C), and
1622(b)(3)(C)) are each amended by inserting before the
period ``or the unremarried surviving spouse of an individual
described in clause (i) or (ii) who is deceased if the
marriage fulfills the requirements of section 1304 of title
38, United States Code''.
(c) Expanded Definition of Veteran.--Sections
402(a)(2)(C)(i), 402(b)(2)(C)(i), 403(b)(2)(A), and
412(b)(3)(A) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C.
1612(a)(2)(C)(i), 1612(b)(2)(C)(i), 1613(b)(2)(A), and
1622(b)(3)(A)) are each amended by inserting ``, 1101, or
1301, or as described in section 107'' after ``section 101''.
SEC. 404. CORRECTION OF REFERENCE CONCERNING CUBAN AND
HAITIAN ENTRANTS.
Section 403(d) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(d)) is
amended--
(1) by striking ``section 501 of the Refugee'' and insert
``section 501(a) of the Refugee''; and
[[Page H1929]]
(2) by striking ``section 501(e)(2)'' and inserting
``section 501(e)''.
SEC. 405. NOTIFICATION CONCERNING ALIENS NOT LAWFULLY
PRESENT: CORRECTION OF TERMINOLOGY.
Section 1631(e)(9) of the Social Security Act (42 U.S.C.
1383(e)(9)) and section 27 of the United States Housing Act
of 1937, as added by section 404 of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996, are each amended by striking ``unlawfully in the United
States'' each place it appears and inserting ``not lawfully
present in the United States''.
SEC. 406. FREELY ASSOCIATED STATES: CONTRACTS AND LICENSES.
Sections 401(c)(2)(A) and 411(c)(2)(A) of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 (8 U.S.C. 1611(c)(2)(A) and 1621(c)(2)(A)) are each
amended by inserting before the semicolon at the end ``, or
to a citizen of a freely associated state, if section 141 of
the applicable compact of free association approved in Public
Law 99-239 or 99-658 (or a successor provision) is in
effect''.
SEC. 407. CONGRESSIONAL STATEMENT REGARDING BENEFITS FOR
HMONG AND OTHER HIGHLAND LAO VETERANS.
(a) Findings.--The Congress makes the following findings:
(1) Hmong and other Highland Lao tribal peoples were
recruited, armed, trained, and funded for military operations
by the United States Department of Defense, Central
Intelligence Agency, Department of State, and Agency for
International Development to further United States national
security interests during the Vietnam conflict.
(2) Hmong and other Highland Lao tribal forces sacrificed
their own lives and saved the lives of American military
personnel by rescuing downed American pilots and aircrews and
by engaging and successfully fighting North Vietnamese
troops.
(3) Thousands of Hmong and other Highland Lao veterans who
fought in special guerilla units on behalf of the United
States during the Vietnam conflict, along with their
families, have been lawfully admitted to the United States in
recent years.
(4) The Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (Public Law 104-193), the new
national welfare reform law, restricts certain welfare
benefits for noncitizens of the United States and the
exceptions for noncitizen veterans of the Armed Forces of the
United States do not extend to Hmong veterans of the Vietnam
conflict era, making Hmong veterans and their families
receiving certain welfare benefits subject to restrictions
despite their military service on behalf of the United
States.
(b) Congressional Statement.--It is the sense of the
Congress that Hmong and other Highland Lao veterans who
fought on behalf of the Armed Forces of the United States
during the Vietnam conflict and have lawfully been admitted
to the United States for permanent residence should be
considered veterans for purposes of continuing certain
welfare benefits consistent with the exceptions provided
other noncitizen veterans under the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996.
Subtitle B--General Provisions
SEC. 411. DETERMINATION OF TREATMENT OF BATTERED ALIENS AS
QUALIFIED ALIENS; INCLUSION OF ALIEN CHILD OF
BATTERED PARENT AS QUALIFIED ALIEN.
(a) Determination of Status by Agency Providing Benefits.--
Section 431 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641) is
amended in subsections (c)(1)(A) and (c)(2)(A) by striking
``Attorney General, which opinion is not subject to review by
any court)'' each place it appears and inserting ``agency
providing such benefits)''.
(b) Guidance Issued by Attorney General.--Section 431(c) of
the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1641(c)) is amended by
adding at the end the following new undesignated paragraph:
``After consultation with the Secretaries of Health and
Human Services, Agriculture, and Housing and Urban
Development, the Commissioner of Social Security, and with
the heads of such Federal agencies administering benefits as
the Attorney General considers appropriate, the Attorney
General shall issue guidance (in the Attorney General's sole
and unreviewable discretion) for purposes of this subsection
and section 421(f), concerning the meaning of the terms
`battery' and `extreme cruelty', and the standards and
methods to be used for determining whether a substantial
connection exists between battery or cruelty suffered and an
individual's need for benefits under a specific Federal,
State, or local program.''.
(c) Inclusion of Alien Child of Battered Parent as
Qualified Alien.--Section 431(c) of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 (8 U.S.C. 1641(c)) is amended--
(1) at the end of paragraph (1)(B)(iv) by striking ``or'';
(2) at the end of paragraph (2)(B) by striking the period
and inserting ``; or''; and
(3) by inserting after paragraph (2)(B) and before the last
sentence of such subsection the following new paragraph:
``(3) an alien child who--
``(A) resides in the same household as a parent who has
been battered or subjected to extreme cruelty in the United
States by that parent's spouse or by a member of the spouse's
family residing in the same household as the parent and the
spouse consented or acquiesced to such battery or cruelty,
but only if (in the opinion of the agency providing such
benefits) there is a substantial connection between such
battery or cruelty and the need for the benefits to be
provided; and
``(B) who meets the requirement of subparagraph (B) of
paragraph (1).''.
(d) Inclusion of Alien Child of Battered Parent Under
Special Rule for Attribution of Income.--Section 421(f)(1)(A)
of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1631(f)(1)(A)) is
amended--
(1) at the end of clause (i) by striking ``or''; and
(2) by striking ``and the battery or cruelty described in
clause (i) or (ii)'' and inserting ``or (iii) the alien is a
child whose parent (who resides in the same household as the
alien child) has been battered or subjected to extreme
cruelty in the United States by that parent's spouse, or by a
member of the spouse's family residing in the same household
as the parent and the spouse consented to, or acquiesced in,
such battery or cruelty, and the battery or cruelty described
in clause (i), (ii), or (iii)''.
SEC. 412. VERIFICATION OF ELIGIBILITY FOR BENEFITS.
(a) Regulations and Guidance.--Section 432(a) of the
Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (8 U.S.C. 1642(a)) is amended--
(1) by inserting at the end of paragraph (1) the following:
``Not later than 90 days after the date of the enactment of
the Welfare Reform Technical Corrections Act of 1997, the
Attorney General of the United States, after consultation
with the Secretary of Health and Human Services, shall issue
interim verification guidance.''; and
(2) by adding after paragraph (2) the following new
paragraph:
``(3) Not later than 90 days after the date of the
enactment of the Welfare Reform Technical Corrections Act of
1997, the Attorney General shall promulgate regulations which
set forth the procedures by which a State or local government
can verify whether an alien applying for a State or local
public benefit is a qualified alien, a nonimmigrant under the
Immigration and Nationality Act, or an alien paroled into the
United States under section 212(d)(5) of the Immigration and
Nationality Act for less than 1 year, for purposes of
determining whether the alien is ineligible for benefits
under section 411 of this Act.''.
(b) Disclosure of Information for Verification.--Section
384(b) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (division C of Public Law 104-208)
is amended by adding after paragraph (4) the following new
paragraph:
``(5) The Attorney General is authorized to disclose
information, to Federal, State, and local public and private
agencies providing benefits, to be used solely in making
determinations of eligibility for benefits pursuant to
section 431(c) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996.''.
SEC. 413. QUALIFYING QUARTERS: DISCLOSURE OF QUARTERS OF
COVERAGE INFORMATION; CORRECTION TO ASSURE THAT
CREDITING APPLIES TO ALL QUARTERS EARNED BY
PARENTS BEFORE CHILD IS 18.
(a) Disclosure of Quarters of Coverage Information.--
Section 435 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1645) is
amended by adding at the end the following: ``Notwithstanding
section 6103 of the Internal Revenue Code of 1986, the
Commissioner of Social Security is authorized to disclose
quarters of coverage information concerning an alien and an
alien's spouse or parents to a government agency for the
purposes of this title.''.
(b) Correction to Assure that Crediting Applies to All
Quarters Earned by Parents Before Child is 18.--Section
435(1) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1645(1)) is amended by
striking ``while the alien was under age 18,'' and inserting
``before the date on which the alien attains age 18,''.
SEC. 414. STATUTORY CONSTRUCTION: BENEFIT ELIGIBILITY
LIMITATIONS APPLICABLE ONLY WITH RESPECT TO
ALIENS PRESENT IN THE UNITED STATES.
Section 433 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1643) is
amended--
(1) by redesignated subsections (b) and (c) as subsections
(c) and (d); and
(2) by adding after subsection (a) the following new
subsection:
``(b) Benefit Eligibility Limitations Applicable Only With
Respect to Aliens Present in the United States.--
Notwithstanding any other provision of this title, the
limitations on eligibility for benefits under this title
shall not apply to eligibility for benefits of aliens who are
not residing, or present, in the United States with respect
to--
``(1) wages, pensions, annuities, and other earned payments
to which an alien is entitled resulting from employment by,
or on behalf of, a Federal, State, or local government agency
which was not prohibited during the period of such employment
or service under section 274A or other applicable provision
of the Immigration and Nationality Act; or
``(2) benefits under laws administered by the Secretary of
Veterans Affairs.''.
[[Page H1930]]
Subtitle C--Miscellaneous Clerical and Technical Amendments; Effective
Date
SEC. 421. CORRECTING MISCELLANEOUS CLERICAL AND TECHNICAL
ERRORS.
(a) Information Reporting Under Title IV of the Social
Security Act.--Effective July 1, 1997, section 408 of the
Social Security Act (42 U.S.C. 608), as amended by section
103, and as in effect pursuant to section 116, of the
Personal Responsibility and Work Opportunity Reconciliation
Act of 1996, and as amended by section 106(e) of this Act, is
amended by adding at the end the following new subsection:
``(f) State Required To Provide Certain Information.--Each
State to which a grant is made under section 403 shall, at
least 4 times annually and upon request of the Immigration
and Naturalization Service, furnish the Immigration and
Naturalization Service with the name and address of, and
other identifying information on, any individual who the
State knows is not lawfully present in the United States.''.
(b) Miscellaneous Clerical and Technical Corrections.--
(1) Section 411(c)(3) of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1621(c)(3)) is amended by striking ``4001(c)'' and inserting
``401(c)''.
(2) Section 422(a) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1632(a)) is
amended by striking ``benefits (as defined in section
412(c)),'' and inserting ``benefits,''.
(3) Section 412(b)(1)(C) of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1622(b)(1)(C)) is amended by striking ``with-holding'' and
inserting ``withholding''.
(4) The subtitle heading for subtitle D of title IV of the
Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 is amended to read as follows:
``Subtitle D--General Provisions''.
(5) The subtitle heading for subtitle F of title IV of the
Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 is amended to read as follows:
``Subtitle F--Earned Income Credit Denied to Unauthorized Employees''.
(6) Section 431(c)(2)(B) of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1641(c)(2)(B)) is amended by striking ``clause (ii) of
subparagraph (A)'' and inserting ``subparagraph (B) of
paragraph (1)''.
(7) Section 431(c)(1)(B) of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1641(c)(1)(B)) is amended--
(A) in clause (iii) by striking ``, or'' and inserting
``(as in effect prior to April 1, 1997),''; and
(B) by adding after clause (iv) the following new clause:
``(v) cancellation of removal pursuant to section
240A(b)(2) of such Act;''.
SEC. 422. EFFECTIVE DATE.
Except as otherwise provided, the amendments made by this
title shall be effective as if included in the enactment of
title IV of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996.
TITLE V--CHILD PROTECTION
SEC. 501. CONFORMING AND TECHNICAL AMENDMENTS RELATING TO
CHILD PROTECTION.
(a) Methods Permitted for Conduct of Study of Child
Welfare.--Section 429A(a) of the Social Security Act (42
U.S.C. 628b(a)) is amended by inserting ``(directly, or by
grant, contract, or interagency agreement)'' after
``conduct''.
(b) Redesignation of Paragraph.--Section 471(a) of the
Social Security Act (42 U.S.C. 671(a)) is amended--
(1) by striking ``and'' at the end of paragraph (17);
(2) by striking the period at the end of paragraph (18) (as
added by section 1808(a) of the Small Business Job Protection
Act of 1996 (Public Law 104-188; 110 Stat. 1903)) and
inserting ``; and''; and
(3) by redesignating paragraph (18) (as added by section
505(3) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (Public Law 104-193; 110 Stat.
2278)) as paragraph (19).
SEC. 502. ADDITIONAL TECHNICAL AMENDMENTS RELATING TO CHILD
PROTECTION.
(a) Part B Amendments.--
(1) In general.--Part B of title IV of the Social Security
Act (42 U.S.C. 620-635) is amended--
(A) in section 422(b)--
(i) by striking the period at the end of the paragraph (9)
(as added by section 554(3) of the Improving America's
Schools Act of 1994 (Public Law 103-382; 108 Stat. 4057)) and
inserting a semicolon;
(ii) by redesignating paragraph (10) as paragraph (11); and
(iii) by redesignating paragraph (9), as added by section
202(a)(3) of the Social Security Act Amendments of 1994
(Public Law 103-432, 108 Stat. 4453), as paragraph (10);
(B) in sections 424(b) and 425(a), by striking
``422(b)(9)'' each place it appears and inserting
``422(b)(10)''; and
(C) by transferring section 429A (as added by section 503
of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (Public Law 104-193; 110 Stat.
2277)) to the end of subpart 1.
(2) Clarification of Conflicting Amendments.--Section
204(a)(2) of the Social Security Act Amendments of 1994
(Public Law 103-432; 108 Stat. 4456) is amended by inserting
``(as added by such section 202(a))'' before ``and
inserting''.
(b) Part E Amendments.--Section 472(d) of the Social
Security Act (42 U.S.C. 672(d)) is amended by striking
``422(b)(9)'' and inserting ``422(b)(10)''.
SEC. 503. EFFECTIVE DATE.
The amendments made by this title shall take effect as if
included in the enactment of title V of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 (Public Law 104-193; 110 Stat. 2277).
TITLE VI--CHILD CARE
SEC. 601. CONFORMING AND TECHNICAL AMENDMENTS RELATING TO
CHILD CARE.
(a) Funding.--Section 418(a) of the Social Security Act (42
U.S.C. 618(a)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by inserting
``the greater of'' after ``equal to'';
(B) in subparagraph (A)--
(i) by striking ``the sum of'';
(ii) by striking ``amounts expended'' and inserting
``expenditures''; and
(iii) by striking ``section--'' and all that follows and
inserting ``subsections (g) and (i) of section 402 (as in
effect before October 1, 1995); or'';
(C) in subparagraph (B)--
(i) by striking ``sections'' and inserting ``subsections'';
and
(ii) by striking the semicolon at the end and inserting a
period; and
(D) in the matter following subparagraph (B), by striking
``whichever is greater.''; and
(2) in paragraph (2)--
(A) by striking subparagraph (B) and inserting the
following:
``(B) Allotments to states.--The total amount available for
payments to States under this paragraph, as determined under
subparagraph (A), shall be allotted among the States based on
the formula used for determining the amount of Federal
payments to each State under section 403(n) (as in effect
before October 1, 1995).'';
(B) by striking subparagraph (C) and inserting the
following:
``(C) Federal matching of state expenditures exceeding
historical expenditures.--The Secretary shall pay to each
eligible State for a fiscal year an amount equal to the
lesser of the State's allotment under subparagraph (B) or the
Federal medical assistance percentage for the State for the
fiscal year (as defined in section 1905(b), as such section
was in effect on September 30, 1995) of so much of the
State's expenditures for child care in that fiscal year as
exceed the total amount of expenditures by the State
(including expenditures from amounts made available from
Federal funds) in fiscal year 1994 or 1995 (whichever is
greater) for the programs described in paragraph (1)(A).'';
and
(C) in subparagraph (D)(i)--
(i) by striking ``amounts under any grant awarded'' and
inserting ``any amounts allotted''; and
(ii) by striking ``the grant is made'' and inserting ``such
amounts are allotted''.
(b) Data Used To Determine Historic State Expenditures.--
Section 418(a) of the Social Security Act (42 U.S.C. 618(a)),
is amended by adding at the end the following:
``(5) Data used to determine state and federal shares of
expenditures.--In making the determinations concerning
expenditures required under paragraphs (1) and (2)(C), the
Secretary shall use information that was reported by the
State on ACF Form 231 and available as of the applicable
dates specified in clauses (i)(I), (ii), and (iii)(III) of
section 403(a)(1)(D).''.
(c) Definition of State.--Section 418(d) of the Social
Security Act (42 U.S.C. 618(d)) is amended by striking ``or''
and inserting ``and''.
SEC. 602. ADDITIONAL CONFORMING AND TECHNICAL AMENDMENTS.
The Child Care and Development Block Grant Act of 1990 (42
U.S.C. 9858 et seq.) is amended--
(1) in section 658E(c)(2)(E)(ii), by striking ``tribal
organization'' and inserting ``tribal organizations'';
(2) in section 658K(a)--
(A) in paragraph (1)--
(i) in subparagraph (B)--
(I) by striking clause (iv) and inserting the following:
``(iv) whether the head of the family unit is a single
parent;'';
(II) in clause (v)--
(aa) in the matter preceding subclause (I), by striking
``including the amount obtained from (and separately
identified)--'' and inserting ``including--''; and
(bb) by striking subclause (II) and inserting the
following:
``(II) cash or other assistance under--
``(aa) the temporary assistance for needy families program
under part A of title IV of the Social Security Act (42
U.S.C. 601 et seq.); and
``(bb) a State program for which State spending is counted
toward the maintenance of effort requirement under section
409(a)(7) of the Social Security Act (42 U.S.C.
609(a)(7));''; and
(III) in clause (x), by striking ``week'' and inserting
``month''; and
(ii) by striking subparagraph (D) and inserting the
following:
``(D) Use of samples.--
``(i) Authority.--A State may comply with the requirement
to collect the information described in subparagraph (B)
through the use of disaggregated case record information
[[Page H1931]]
on a sample of families selected through the use of
scientifically acceptable sampling methods approved by the
Secretary.
``(ii) Sampling and other methods.--The Secretary shall
provide the States with such case sampling plans and data
collection procedures as the Secretary deems necessary to
produce statistically valid samples of the information
described in subparagraph (B). The Secretary may develop and
implement procedures for verifying the quality of data
submitted by the States.''; and
(B) in paragraph (2)--
(i) in the heading, by striking ``Biannual'' and inserting
``Annual''; and
(ii) by striking ``6'' and inserting ``12'';
(3) in section 658L, by striking ``1997'' and inserting
``1998'';
(4) in section 658O(c)(6)(C), by striking ``(A)'' and
inserting ``(B)''; and
(5) in section 658P(13), by striking ``or'' and inserting
``and''.
SEC. 603. REPEALS.
(a) Child Development Associate Scholarship Assistance Act
of 1985.--Title VI of the Human Services Reauthorization Act
of 1986 (42 U.S.C. 10901-10905) is repealed.
(b) State Dependent Care Development Grants Act.--
Subchapter E of chapter 8 of subtitle A of title VI of the
Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 9871-
9877) is repealed.
(c) Programs of National Significance.--Title X of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
8001 et seq.) is amended--
(1) in section 10413(a), by striking paragraph (4);
(2) in section 10963(b)(2), by striking subparagraph (G);
and
(3) in section 10974(a)(6), by striking subparagraph (G).
(d) Native Hawaiian Family-Based Education Centers.--
Section 9205 of the Native Hawaiian Education Act (20 U.S.C.
7905) is repealed.
SEC. 604. EFFECTIVE DATES.
(a) In General.--Except as provided in subsection (b), this
title and the amendments made by this title shall take effect
as if included in the enactment of title VI of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 (Public Law 104-193; 110 Stat. 2278).
(b) Exceptions.--The amendment made by section 601(a)(2)(B)
and the repeal made by section 603(d) shall each take effect
on October 1, 1997.
TITLE VII--ERISA AMENDMENTS RELATING TO MEDICAL CHILD SUPPORT ORDERS
SEC. 701. AMENDMENTS RELATING TO SECTION 303 OF THE PERSONAL
RESPONSIBILITY AND WORK OPPORTUNITY
RECONCILIATION ACT OF 1996.
(a) Privacy Safeguards for Medical Child Support Orders.--
Section 609(a)(3)(A) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1169(a)(3)(A)) is amended by
adding at the end the following: ``except that, to the extent
provided in the order, the name and mailing address of an
official of a State or a political subdivision thereof may be
substituted for the mailing address of any such alternate
recipient,''.
(b) Payment to State Official Treated as Satisfaction of
Plan's Obligation.--Section 609(a) of such Act (29 U.S.C.
1169(a)) is amended by adding at the end the following new
paragraph:
``(9) Payment to state official treated as satisfaction of
plan's obligation to make payment to alternate recipient.--
Payment of benefits by a group health plan to an official of
a State or a political subdivision thereof who is named in a
qualified medical child support order in lieu of the
alternate recipient, pursuant to paragraph (3)(A), shall be
treated, for purposes of this title, as payment of benefits
to the alternate recipient.''.
(c) Effective Date.--The amendments made by this section
shall be apply with respect to medical child support orders
issued on or after the date of the enactment of this Act.
SEC. 702. AMENDMENT RELATING TO SECTION 381 OF THE PERSONAL
RESPONSIBILITY AND WORK OPPORTUNITY
RECONCILIATION ACT OF 1996.
(a) Clarification of Effect of Administrative Notices.--
Section 609(a)(2)(B) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1169(a)(2)(B)) is amended by
adding at the end the following new sentence: ``For purposes
of this subparagraph, an administrative notice which is
issued pursuant to an administrative process referred to in
subclause (II) of the preceding sentence and which has the
effect of an order described in clause (i) or (ii) of the
preceding sentence shall be treated as such an order.''.
(b) Effective Date.--The amendment made by this section
shall be effective as if included in the enactment of section
381 of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (Public Law 104-193; 110 Stat.
2257).
SEC. 703. AMENDMENTS RELATING TO SECTION 382 OF THE PERSONAL
RESPONSIBILITY AND WORK OPPORTUNITY
RECONCILIATION ACT OF 1996.
(a) Elimination of Requirement that Orders Specify Affected
Plans.--Section 609(a)(3) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1169(a)(3)) is amended--
(1) in subparagraph (C), by striking ``, and'' and
inserting a period; and
(2) by striking subparagraph (D).
(b) Effective Date.--The amendments made by this section
shall apply with respect to medical child support orders
issued on or after the date of the enactment of this Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Florida [Mr. Shaw] and the gentleman from Michigan [Mr. Levin] each
will control 20 minutes.
The Chair recognizes the gentleman from Florida [Mr. Shaw].
Mr. SHAW. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I am pleased today to rise in support of H.R. 1048, the
Welfare Reform Technical Corrections Act of 1997. Last year Congress
passed and the President signed a new welfare law that substantially
reformed the Nation's welfare policy, including Federal programs
providing cash welfare, child care, child support and disability
payments and welfare for noncitizens. That comprehensive legislation
also included a provision requiring the Secretary of Health and Human
Services and the Commissioner of Social Security to submit to Congress
a detailed proposal for making technical corrections and conforming
amendments to this law. The goal was to produce legislation that would
facilitate the implementation of the new national welfare reform policy
in the simplest, most sensible way. Thus we have the bill before us
today.
My motion also includes a minor change since the Committee on Ways
and Means acted. This change is necessary to address the concerns of
appropriations and budget committees with section 214 of the bill
regarding payments to the prisoners.
I understand that the minority is fully advised of this amendment and
has no objection to that.
There is little in this bill that is flashy or that rises above the
truly technical. In fact, most changes would either correct or clarify
the law by changing cross-references or correcting grammatical or
format errors. Nonetheless, this is an important legislative product
for several reasons:
First, it is the result of cooperation between the administration,
the Congress and the States. Most provisions of this bill stem from
requests made by the administration and the States who are charged with
swiftly and efficiently implementing the new welfare programs in
accordance with new Federal law.
Second, this bill is thoroughly bipartisan. One of the basic ground
rules used in crafting this bill is that if any side, House
Republicans, House Democrats, Senate Republicans, Senate Democrats or
the Clinton administration, objected to a provision, it would not be
included in this bill. As a result, both the subcommittee and the full
committee voted in favor of this legislation unanimously. I suspect
that we will have a similar vote here on the floor today.
Finally, this effort shows that all sides want to make welfare reform
work. Either side could have derailed the process at any time along the
way, and this so-far-friendly process could still be halted in the
Senate. But for today the interests of making the new law work have won
out over partisanship and grandstanding.
Mr. Speaker, let me say a word about what is not in this bill, and it
is not in this bill by design. This bill is not a vehicle to reopen the
debate over fundamental welfare reform changes. These issues are
settled, and all parties crafting this legislation accepted that fact
at least for the moment. This legislation makes many changes that will
allow welfare reform to work better, which is everybody's goal. While
the changes made here are quite minor, this bill represents Congress at
its best, fostering cooperation with the States, working in a
bipartisan fashion and producing changes that make Government more
efficient in its services to the people that we all serve.
I urge all Members to support this bill.
Mr. Speaker, I reserve the balance of my time.
Mr. LEVIN. Mr. Speaker, I yield myself such time as I may consume.
Today we are considering the Welfare Reform Technical Corrections Act
of 1997. This legislation will correct technical problems that impact
implementation of the Personal Responsibility and Work Opportunity
Reconciliation Act.
Last year's bill carried out significant changes in the structure of
our
[[Page H1932]]
Nation's welfare system. As we all know, it is inevitable when we pass
comprehensive legislation that we must go back and correct technical
errors. The basis of this bill began with a list of recommended
corrections submitted by the administration early in the year. From the
outset, the process of formulating this bill was always open. States,
municipalities and advocacy groups contributed extensively to the
process to ensure that this bill clears up any ambiguities due to
drafting errors or oversight.
By agreement among Republicans and Democrats on the committee, as
mentioned by the distinguished chairman of the subcommittee, this bill
only addresses strictly technical problems which have been identified
since the bill's passage. Each of the measures in this bill is
technical in nature and does not change the substance of the new law.
If a proposed change was considered substantive or controversial by
either Republicans or Democrats, it was not included in this
legislation.
For example, the bill clarifies that Social Security benefits are
denied to prison inmates and prohibits them from receiving Old Age
Disability Insurance benefits. The bill also clarifies the sharing of
the 35-hour work requirement and the provision for child care in cases
of two-parent families who must work a combined 35 hours plus 20 hours,
or 55 hours, per week to be counted toward meeting the work
requirement.
Another example, the bill also extends until February 22, 1998, the
deadline for the Social Security Administration to determine the
eligibility of children for certain benefits and gives States an
additional 3 months to submit their biennial welfare plans.
The noncontroversial nature of these corrections is reflected in the
committee vote. The Welfare Reform Technical Corrections Act passed the
Committee on Ways and Means unanimously, 33 to zero. All Members, those
who voted for the Personal Responsibility and Work Opportunity Act and
those who did not, supported this technical corrections legislation.
There are still substantive issues regarding the Personal
Responsibility and Work Opportunity Reconciliation Act which very much
need bipartisan attention. I would cite as examples disability benefits
for elderly legal immigrants and certain food stamp benefits.
Negotiations on these matters are taking place within the context of
budget discussions. This bill was not the intended vehicle for these
outstanding concerns.
This bill represents the culmination of a long process. I would like
to thank the gentleman from Florida [Mr. Shaw], chairman of the
Subcommittee on Human Resources, for the manner in which this bill was
handled from beginning to end.
The staff also did an exemplary job in working together to keep the
bill technical in nature, and the staff on both sides of the aisle is
here with us this afternoon.
Finally, the administration should be commended for the stellar job
done in assembling the technical corrections that form the basis of
this bill, specifically the Department of Health and Human Services and
the Social Security Administration.
Throughout this process, we have put aside our differences and
focused on crafting a truly technical bill. In this spirit, as was true
in the Committee on Ways and Means by unanimous vote, I urge my
colleagues on both sides of the aisle to support this necessary
technical correction legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. SHAW. Mr. Speaker, I yield 3 minutes to the gentleman from Texas
[Mr. DeLay].
Mr. DeLAY. Mr. Speaker, I rise in support of this important
legislation and I commend the gentleman from Texas [Mr. Archer] and the
gentleman from Florida [Mr. Shaw] for bringing it to the floor.
Last year, when the Congress passed comprehensive welfare reform, the
United States took a giant step in the right direction. By providing
incentives for able-bodied Americans to leave welfare and move to
private sector employment, we have given these Americans a chance to
realize the American dream. But, Mr. Speaker, the administration has
not received the message.
The hallmark of our welfare reform law is flexibility. Give the
States the ability to design their own systems to give people a hand
up, not just a handout, and the States will be more successful than the
Federal Government has been in bringing and making welfare work for the
American people. This has proven to be the case in State after State,
places like Wisconsin and Michigan.
My home State of Texas wants to have that chance to help its people
in ways unique to Texas. Texas has petitioned the Federal Government to
approve its innovative welfare reform proposal. This proposal includes
commonsense ideas such as one-stop benefits centers so that people who
are on welfare do not have to waste time traveling from one center to
another to collect benefits. This is a commonsense proposal and would
save the American taxpayers millions of dollars while giving the
welfare recipients more time to look for a job.
Unfortunately, the administration has refused to give Texas the
flexibility it needs to implement this program. Texas has met every
requirement asked of it by the Federal Government since last July when
it first started the approval process. Still, the administration has
not granted full approval. Without that approval, Texas cannot
implement its program of getting people off of welfare and putting them
to work.
So, Mr. Speaker, I urge the administration to stop stonewalling and
give Texas a chance to move ahead with real welfare reform. What is
good for the rest of the country should be good for the great State of
Texas.
Mr. LEVIN. Mr. Speaker, I yield myself 30 seconds.
Let me just say in response to the gentleman from Texas [Mr. DeLay]
that this matter is really not within the purview of this technical
corrections bill. The administration is considering this matter and is
taking time to make sure that it arrives at an appropriate answer.
Mr. Speaker, I yield 2\1/2\ minutes to the distinguished gentlewoman
from Connecticut [Mrs. Kennelly].
Mrs. KENNELLY of Connecticut. Mr. Speaker, I thank the gentleman from
Florida [Mr. Shaw] and the gentleman from Michigan [Mr. Levin] for
their hard work. I know that there are some who might say there is more
interesting work than technical corrections but nothing is more
important across this country to people who really do not know exactly
what is said in the statute and, therefore, have to interpret it and
live by it. So I really thank these gentlemen for the hard work that
they have done so that people could understand exactly what is expected
of them and they can carry out their duties as they should.
I also as a ranking Democrat on the Subcommittee on Social Security
am pleased to rise in support of this bill that has been so well
crafted. The legislation includes several technical and miscellaneous
changes related to Social Security. These changes clarify certain
effective dates, extend demonstration project authority and improve the
law which denies Social Security benefits to prisoners.
Mr. Speaker, some years ago we passed legislation denying Social
Security benefits to incarcerated criminals. However, for some reason
it has been difficult to get local jails and other institutions to
notify the Federal Government they have custody of such inmates. As a
result, the law's implementation has been somewhat spotty.
This legislation would provide a financial incentive for such
reporting. I am hopeful that such an incentive will be effective in
stopping benefits payments in a timely fashion.
{time} 1430
Another provision of this bill would facilitate the implementation of
voluntary tax withholding of Social Security benefits. The technical
correction would remove an impediment to an already enacted law
permitting this withholding. The law should have been effective in
January of this year but the Social Security Act prohibits assignment
of Social Security benefits.
Today's technical correction will eliminate the inconsistency between
those two laws and allow the voluntary withholding to go forward. Many
people have contacted many Members of the Congress urging swift
enactment of this technical correction, and this will clarify exactly
what can happen.
[[Page H1933]]
I expect we will find many beneficiaries who are anxious to utilize
this option. I urge my colleagues to vote for this bill. I really thank
the gentleman from Florida [Mr. Shaw] and the gentleman from Michigan
[Mr. Levin] for the time and effort they have given to bringing this to
the floor, and I am very glad to associate myself with it.
Mr. LEVIN. Mr. Speaker, I yield 2 minutes to the gentleman from
Massachusetts [Mr. Meehan].
Mr. MEEHAN. Mr. Speaker, I thank my colleague, the gentleman from
Michigan [Mr. Levin], for yielding me the time and I rise today in
support of H.R. 1048, the Welfare Reform Technical Corrections Act.
Incorporated in this bipartisan legislation is a provision that
statutorily denies Social Security benefits to a group of individuals
who have been convicted of serious sex crimes. This provision is based
on H.R. 237, a bill that I drafted in response to an expose by
investigative reporter Joe Bergantino of WBZ in Boston.
Mr. Chairman, in 1994 Congress amended the Social Security Act to
close a host of loopholes which enabled prisoners and other dangerous
individuals to receive Social Security benefits while incarcerated.
Congress' intent was clear: Social Security benefits were denied on the
grounds that these dangerous individuals sentenced to cost-free living
in government institutions should not receive additional benefits.
This was not a punitive action, Mr. Speaker, but a simple recognition
that in an era of limited resources, prisoners and other dangerous
individuals should not be able to double dip.
By and large, the law succeeded. However, it had one glaring
loophole. In at least 7 States, including the Commonwealth of
Massachusetts, there have been a number of sexual offenders who have
been committed civilly to various institutions, usually upon completion
of a criminal sentence. These individuals are currently eligible for
Social Security benefits because they do not technically fit into a
specific classification under the 1994 law.
In Massachusetts, at Bridgewater Treatment Center, for example, there
are about 20 men there, hardened sexual offenders, who receive more
than $10,000 a month in benefits.
It is an outrage that some of the most dangerous criminals in society
continue to receive payments at a cost to hard-working Americans.
Today, by passing this bill, we can close a huge loophole that has been
long overdue and send a message to prisoners still collecting Social
Security benefits. The message is: Your benefits are denied.
I want to thank my colleagues on the Committee on Ways and Means,
particularly the gentleman from Massachusetts, Mr. Richard Neal, and
the gentlewoman from Connecticut, Mrs. Barbara Kennelly, for their work
on this legislation, and I strongly urge support of H.R. 1048.
Mr. LEVIN. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
Mr. SHAW. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I want to thank my colleague from Michigan for his
tremendous work and cooperation. This could have developed into a
circus, knowing of some of the controversies within welfare reform, but
the Members all chose to be very professional and see this go through
and go through in a very smooth way.
I would also like to thank the staff of the administration as well as
the minority and the majority here in the House. To craft a technical
corrections bill of this size is quite a job, and quite a laborious job
to come through the legislation and find things that need adjustment,
fine-tuning and correction, and take care of that. For that I am very
appreciative to all of our staffs for having done so.
I also appreciate the cooperation we received from the Committee on
Education and the Workforce, from the gentleman from Pennsylvania [Mr.
Goodling], and the gentleman from Arizona [Mr. Stump], of the Committee
on Veterans' Affairs, in cooperating in their jurisdiction within this
bill.
Mr. Speaker, I include for the Record at this time a letter from the
gentleman from Pennsylvania and the gentleman from Arizona as well.
Committee on Education
and the Workforce,
Washington, DC, April 25, 1997.
Hon. Newt Gingrich,
Speaker, U.S. House of Representatives,
Washington, DC.
Dear Mr. Speaker: I am writing regarding H.R. 1048, the
Welfare Reform Technical Corrections Act of 1997 and have no
objection to this bill being scheduled for consideration. The
bill was introduced by Rep. Clay Shaw and was referred
additionally to the Committee on Education and the Workforce.
The Committee on Ways and Means ordered the bill favorably
reported on April 23, 1997. While the bill includes
amendments that affect programs within the jurisdiction of
this Committee, specifically the Mandatory Work Requirements
of Title I and the Child Care Provisions of Title VI, I do
not intend to call a full Committee meeting to consider this
bill; however, the Committee does hold an interest in
preserving its jurisdiction with respect to issues raised in
the bill and its jurisdictional prerogatives in future
legislation should the provisions of this bill be considered
in a conference with the Senate.
Additionally, I would indicate that I am currently working
with Chairman Archer to include a technical amendment to the
Employment Retirement Income Security Act (ERISA), during
Floor consideration; this amendment is solely within the
jurisdiction of the Committee on Education and the Workforce.
I thank you for your attention to this matter and look
forward to swift passage of H.R. 1048.
Sincerely,
Bill Goodling,
Chairman.
____
Committee on Veterans' Affairs,
U.S. House of Representatives,
Washington, DC, April 28, 1997.
Hon. Bill Archer,
Chairman, Committee on Ways and Means,
Washington, DC.
Dear Bill: Thanks for working with me and the Department of
Veterans Affairs to straighten out the few problems which had
arisen with the payment of veterans benefits and the
operation of the Personal Responsibility and Work Opportunity
Reconciliation Act (PRWORA). I understand that the Welfare
Reform Technical Corrections Act of 1997 addresses all of our
concerns about the possible interruption of payment of
veterans benefits as a result of technical defects in the
Act. We very much appreciate your staff's willingness to get
these issues worked out.
Sincerely,
Bob Stump,
Chairman.
Mr. GOODLING. Mr. Speaker, I am pleased to support H.R. 1048, the
Welfare Reform Technical Corrections Act of 1997. This legislation
makes a number of technical and clarifying amendments to the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996--the
welfare reform law--that Congress passed and President Clinton signed
last year.
I want to emphasize that these amendments are technical and
clarifying in nature and do not change or undercut the important
reforms of welfare that we made last year.
A number of the provisions in H.R. 1048 fall within the jurisdiction
of the Committee on Education and the Workforce. Our committee has
worked very closely with the Ways and Means Committee in putting this
bill together, and I want to thank Chairman Archer and Chairman Shaw
and their staffs for working with us in this process and accommodating
our concerns along the way.
I want to particularly highlight provisions that fall within the
jurisdiction of the Committee on Education and the Workforce regarding
mandatory work requirements in section 105, child care provisions in
title VI, and ERISA amendments relating to medical child support orders
in title VII.
In the area of mandatory work requirements, H.R. 1048 makes the
following technical and clarifying changes:
First, it allows States to count 2-parent families in which one
parent is disabled as a 1-parent family for purposes of calculating the
State work participation rate.
Second, it clarifies that States may exclude persons covered by a
tribal work program from their calculation of work participation rates.
Third, it allows States flexibility in counting the ours of work by
each parent in 2-parent families.
Fourth, it amends the conditions under which States may count up to
12 weeks of job search as meeting work participation requirements to
better reflect the type of economic conditions that were intended by
that provision of the welfare reform law.
Fifth, it addresses the work participation rate requirements for
caretaker relatives for children under age 6 and makes those
requirements consistent with those for parents.
Sixth, it clarifies language regarding the qualifying number of hours
for teenage head of households.
In the area of child care, H.R. 1048 makes a number of drafting
clarifications to the funding allocation language of the welfare reform
[[Page H1934]]
law. In addition, H.R. 1048 repeals the authorization for four narrowly
targeted child care programs which we had intended to repeal as part of
the welfare reform law, and as part of the consolidation of child care
programs in that law. Because of the rules of the Senate, the
provisions to repeal these programs were dropped from last year's
welfare reform law, but are now included in this bill.
Finally, title VII of H.R. 1048 contains four changes to the Employee
Retirement Income Security Act [ERISA], each of which relate to medical
child support orders.
Section 701(a) allows the name and mailing address of an official of
a State or political subdivision to be substituted for the mailing
address of an ``alternate recipient'' who is the custodial parent of a
child covered under an ERISA group health plan. Section 701(b) allows
an ERISA group health plan to make payment of benefits to an official
of a State or political subdivision who is named in a qualified medical
child support order. Together, these two provisions will facilitate the
payment of benefits to the appropriate party and maintain
confidentiality of information, particularly in the case of child
abuse.
Section 702 clarifies that an administrative notice which is issued
in an administrative process in connection with a qualified medical
child support order shall have the same effect as the order itself.
This will facilitate the payment of benefits to the appropriate party
on a timely basis and without having to seek a new court order.
Section 703 deletes a requirement that a qualified medical child
support order must contain the name of every plan to which the order
applies. This will facilitate the time application of such an order
when coverage changes from plan to plan.
Mr. Speaker, I believe that these are all good changes which help
clarify the welfare reform law and will help the States implement that
very important law. I urge my colleagues to join in support of this
legislation.
Mr. DOOLEY of California. Mr. Speaker, as the House debates H.R.
1048, I rise today to express my continuing concern regarding the
negative impact of the welfare reform bill on the Hmong veterans who
served along with our soldiers during the Vietnam war. I am pleased
that the bill before us today recognizes the importance of this issue.
However, the sense of Congress language does not go far enough to
address the real need facing the Hmong community. I believe that every
possible effort must be made to restore the benefits that were promised
to these veterans.
I agree that reform of the welfare system was necessary as a means to
facilitate the transition from welfare to work and to encourage greater
self-sufficiency for able-bodied adults. However, the legislation
enacted last year will adversely affect the Hmong people of Laos who
deserve special consideration because they cooperated and sacrificed
for our Government and its Armed Forces during the Vietnam war.
Because of a provision in the welfare reform law, legal residents,
with a few exceptions, are ineligible to receive SSI. As a result, many
of the elderly and disabled Hmong veterans and their dependents will be
discontinued from the SSI program by August 22, 1997.
During the Vietnam war, many of the Hmong people worked for our
intelligence and Special Forces groups. It is wrong to abandon these
men and women who served as valuable allies to us during the Southeast
Asian conflict.
Though not classified as veterans by our Government, the Hmong of
Laos were engaged in covert operations directed by the Central
Intelligence Agency. Since many served in non-uniformed units, it
remains uncertain if ``veteran'' status can be proved. these Special
Forces teams aided our efforts tremendously during the Southeast Asian
conflict, but, at great cost and personal loss to themselves. Many of
the Hmong lost their lives. They suffered innumerable casualties, and
lost their homeland to Communist forces. After the war, the Hmong were
forced to live in refugee camps, many in substandard conditions, and
were later brought to our country as political refugees.
The process of assimilation to the United States has been especially
difficult for the Hmong. One major setback for many, is that their
command of the English language is insufficient to successfully
complete the naturalization process. This is partly because, up until
the 1950's, the Hmong did not have a written language, which has made
learning to speak, read, and write the English language extremely
difficult. Further, the English-learning process has been stymied by
the high rate of illiteracy among the Hmong in their own native
language. Educational opportunities in their homeland, for the majority
of the Hmong who were brought to the United States as political
refugees, were seriously undermined as a result of the war-ravaged
years in Laos.
Aside from limited educational and work opportunities in the United
States, the Hmong must overcome many other obstacles during their
assimilation and adjustment process. First, many Hmong who survived the
war are afflicted with physically-disabling conditions and mental
disabilities such as post-traumatic stress syndrome. Second, they must
adjust to a set of very different cultural practices and norms.
Finally, the Hmong are subject to discrimination and prejudice in their
new environment.
Mr. Speaker, today we are taking a first step toward restoring
benefits to this deserving group. It is imperative that we follow
through on the statement in the bill today and ensure further
legislative action is taken. I am committed to working with the
committee to develop a workable solution to this problem. The Hmong,
who sacrificed much to fight by our Nation's side during the Vietnam
war, should not be forgotten.
Waxao Xiong
hmong, age 70
Waxao served as a U.S. recruited soldier in the
Luangprabang area of Laos beginning in 1964. Because of his
leadership in the war, he was a special target of the
communists in Laos. He ran for his life, narrowly escaping
capture, but leaving behind his wife, mother and father in
Laos. In 1987 he received a special reward for his exemplary
military service in partnership with the United States.
Now he says he wants very much to be a citizen of the
United States, especially because he was a leader in fighting
against the communists for the U.S. ``I want to work to help
this country, but I don't speak English. I went to adult
school for one year. Now I am studying in English and
citizenship classes in my apartment complex, but learning is
so slow. I do not know how I can pass the test.''
Lor Vang
hmong, age 74
Lor was once a well respected mayor of his village in Laos.
Although Lor and his family had little formal education, he
nevertheless owned and worked their own land. During the
Vietnam War four of his six children and his parents were
killed. Following the war he lived for 13 years in two
refugee camps in Thailand and arrived in the United States in
1989 at age 66.
Now, through tears, he grieves his losses and wonders how
American friends can assist him now. In Laos he was able to
support his family, but arriving in the U.S. with no skills
and no knowledge of English made him totally dependent on
others. ``The U.S. has been very good. But I had little
education in Laos, and it is hard to learn English here.
Because I can't pass the citizenship test, I am thinking
about killing myself.''
Pao Doua Vang
hmong, age 79
Pao Doua Vang served as a soldier allied with the United
States in Laos during the Vietnam War from 1960-1975. His two
sons served in the military as well, including one son who
was only 13 when he was killed in battle. Pao was shot in the
head by Communist soldiers and lost most of his hearing due
to this injury. He also has a metal plate in his head from a
bomb blast (although he does not remember the blast). He
arrived in the United States in 1983 with his wife and
daughters to live with his sister-in-law.
Due to the death of his mother and father when he was very
young, Pao never had an opportunity to go to school. Through
tears Pao says, ``I have lost hope in my old country. Now
America is my country and hope. My children are citizens. I
want to be a citizen too--but I have failed the English part
of the test. If I am not a citizen, I have no future. Please
help. My family is doing all they can, but they have their
own problems and not very much money. Please don't let
welfare reform happen to me.''
Mr. STENHOLM. Mr. Speaker, I rise in support of this bill. The
welfare reform legislation enacted last year was a major step in the
right direction of improving the welfare system, but all of us who
supported this bill knew that it wasn't perfect and that we needed to
continue to strengthen this bill. I want to commend Chairman Shaw for
his sincere commitment to doing the hard work necessary to make sure
welfare reform legislation works the way that we intended.
One of the key features of the welfare reform bill was the principle
that States should be allowed to try innovative approaches to improve
the welfare system. In that vein, I would like to take this opportunity
to encourage the administration to approve the waiver allowing Texas to
proceed with soliciting bids for the Texas Integrated Enrollment
System.
The Texas Integrated Enrollment System would allow private vendors to
compete with public agencies for a contract to develop and operate an
integrated enrollment system. The Texas Legislature determined that a
private contractor, working in partnership with a public agency, might
be able to make the transition to a integrated process more efficiently
than the current structure and achieve savings that could be used to
assist needy individuals more directly.
I don't know if that assumption is correct. Some of my colleagues
have raised valid concerns about the impact that privatization would
have on the welfare system. I have some reservations myself about
whether privatizing the
[[Page H1935]]
welfare eligibility system makes sense. But we are not debating whether
or not privatization is a good idea. All we are debating--or at least
all we should be debating--is whether Texas should be allowed to
explore the options of allowing private contractors to administer a
part of the welfare system. It is not possible for anyone to know what
impact privatization will have until the bids are submitted. I would
say to those who oppose privatization as well as those who support
privatization: Let's wait and see what proposals are made for
privatization before we jump to a conclusion either way.
Injecting some competition into this process will produce a welfare
system that is better for welfare recipients and taxpayers. I would
hope that those who oppose privatization will put their energy into
improving the current system instead of trying to prevent any
competition.
Approving the Texas waiver request does not necessarily mean that
Texas will privatize any part of the welfare system. The Federal
Government still must approve any contract with a private company
before any privatization can become final. We should wait until we see
the proposals from private companies before we decide whether or not
privatization makes sense. We can't honestly debate the merits of
privatization until we know the facts about what privatization will
mean.
If the bids by private contractors don't adequately address the
concerns that have been raised about the impact that privatization will
have on individuals applying for assistance and on the current
employees, or if the public sector can demonstrate that they can
administer welfare programs more efficiently and effectively than any
of the private contractors, I will be the first to argue that we
shouldn't go forward with privatization.
I regret that this issue has become so politicized. I would urge all
parties involved to cool our rhetoric and try to work together to find
a way to allow Texas to explore this option while providing safeguards
against the concerns we all share. I know Governor Bush and
Commissioner McKinney are committed to finding a constructive solution,
and believe that the administration is willing to work with them as
well. I hope that they will continue their dialog to find a solution
that will allow Texas to move forward with this proposal.
Mr. VENTO. Mr. Speaker, I rise today in support of the move to make
technical corrections to the welfare reform law, H.R. 1048. Although I
was hopeful that the measure would include provisions to exempt Hmong
veterans from benefit restrictions, I am pleased that the sense of
Congress was included in the amendments offered. This sense of Congress
would recognize the service of thousands of Hmong and other Highland
Lao veterans who fought in special guerrilla units on behalf of the
United States during the Vietnam war. I would also state that Congress
should approve legislation for the purpose of continuing certain
welfare benefits for these Hmong and Highland Lao veterans and their
families based on their service to the United States.
I believe that we must go further than this sense of Congress
language to recognize the service of the Lao Hmong, however, this is an
important step in the process of honoring the sacrifice of the Hmong
patriots. The Hmong stood by the United States at a crucial time in our
history; now we have an opportunity to repay that loyalty. Many of
those who survived and made it to the United States are separated from
other family members and are having a difficult time adjusting to life
here.
I worked to include language in this bill that would make the
treatment of Hmong veterans commensurate with that of other aliens who
served in United States regular military forces. While this provision
was not included, I am encouraged that this sense of Congress has
bipartisan support and expresses a shared intent to amend this matter
and am hopeful that this issue will be resolved in the near future to
avert the August 1997 deadline. The loss of benefits to these legal
immigrants that can't pass an English language test is unfair and works
a special hardship on the Hmong, refugees and asylees nationally.
Mr. RADANOVICH. Mr. Speaker, I am pleased that the House of
Representatives approved the passage of H.R. 1048, the Welfare
Technical Corrections Act of 1997, which I supported. The bill makes a
number of technical corrections to the 104th Congress' historic welfare
reform bill.
I want to draw particular attention to section 407 of the bill. This
section provides for:
...the sense of the Congress that Hmong and other Highland
Lao veterans who fought on behalf of the Armed Forces of the
United States during the Vietnam conflict and have lawfully
been admitted to the United States for permanent residence
should be considered veterans for purposes of continuing
certain welfare benefits consistent with the exceptions
provided other noncitizen veterans under the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996.
The Hmong share a unique historic link with the United States and our
objectives in the Vietnam war. It is because of their valiant service
that these people deserve our concentrated attention. I want to thank
Human Resources Subcommittee Chairman Shaw, Congressman Kleczka,
Congressman Ramstad, and the remaining members of the Ways and Means
Committee for including this important language in the bill. I am
pleased that my communication with the committee has in some measure
contributed to raising awareness about the Hmong and their unique
situation.
General Leave
Mr. SHAW. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their remarks
and include therein extraneous material on H.R. 1048.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Florida?
There was no objection.
Mr. SHAW. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Florida [Mr. Shaw] that the House suspend the rules and
pass the bill, H.R. 1048, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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