ACTION
FROM THE COMMITTEE ON WAYS AND MEANS
FOR IMMEDIATE RELEASE CONTACT: (202) 225-3625
October 22, 1999
No. FC 14-A
Archer Announces Committee Action on H.R. 3073, the "Fathers Count Act
of 1999"
Congressman Bill Archer (R-TX), Chairman of the Committee on Ways and Means,
today announced that on Thursday, October 21, 1999, the Committee ordered
favorably reported, as amended, H.R.
3073, the "Fathers Count Act of 1999," by voice vote, and ordered favorably
reported, as amended, H.R.
3075, the "Medicare Balanced Budget Refinement Act of 1999," by a recorded
vote of 26-11.
DESCRIPTION OF H.R. 3073 AS APPROVED:
Title I. Grant Program
Purpose: To be eligible for grants, public and private projects
would present detailed information on how they would work with poor and
low-income fathers to achieve three purposes: promote marriage through
counseling, mentoring, and other activities; promote successful parenting
through counseling, disseminating information about good parenting practices
including the payment of child support, and other activities; and help
fathers increase their income.
Applications: An entity hoping to conduct a fatherhood project
would submit to the Secretary of the U.S. Department of Health and Human
Services (HHS) an application that contains a description of the project
and its plan to address all three purposes of the grant program. Projects
would enroll individuals who are the father of a child who is, or in the
past 24 months had been, a recipient of Temporary Assistance for Needy
Families (TANF) or the Welfare-to-Work program, or an expectant or married
father with income below 150 percent of the poverty line after paying court-ordered
child support.
Interagency Panels: Two bipartisan panels, appointed by the Administration
and by Congress, would be established to review applications and make recommendations
to the Secretary of HHS regarding which applicants should be awarded grants.
Each panel would award about $70 million for projects that receive four
years of funding.
Preferences: In selecting projects for funding, preference would
be given to projects that: encourage payment of child support; have written
agreements of cooperation with private and government agencies; enroll
a high percentage of participants within six months before or after the
birth of the child; and explain clear and practical methods by which fathers
will be recruited. Not less than 75 percent of the projects would be sponsored
by either non-governmental, including faith-based, organizations, or by
government organizations that pass through at least 50 percent of project
funds to non-governmental organizations.
Other Characteristics of Projects: Fathers participating in project
work activities would be prohibited from filling a job vacancy if any individual
is on layoff from the same or an equivalent job with that employer or if
the employer has terminated the employment of any regular employee to create
the vacancy. Mothers, expectant mothers, and married mothers would be eligible
for services.
Evaluations: The Secretary of HHS would be provided with $6 million
to conduct scientific evaluations of the projects funded under this program.
Charitable Choice: The charitable choice provision of the welfare
reform law of 1996 (P.L.
104-193) would apply to these fatherhood grants; this provision would
allow States to contract with charitable, religious, or private organizations
to deliver services.
Title II. Projects of National Significance
National Clearinghouse: To establish a national clearinghouse
of information about fatherhood programs, the Secretary of HHS would make
a $5 million grant to a nationally recognized nonprofit fatherhood promotion
organization.
Multicity Fatherhood Projects: The Secretary of HHS would award
a $5 million grant to each of two nationally recognized nonprofit fatherhood
promotion organizations that have several years of experience in designing
and conducting fatherhood programs.
Title III. Welfare-to-Work Program Eligibility
Flexibility in Eligibility for Participation in Welfare-to-Work Program:
Eligibility would be expanded for both long-term welfare recipients and
noncustodial parents with children on public assistance programs.
Title IV. Alternative Penalty Procedure Relating to State Disbursement
Units
If the Secretary of HHS determines that a State would fail to meet the
State Disbursement Unit (SDU) requirements of current law but has submitted
a corrective compliance plan by April l, 2000, that describes how, by when,
and at what cost the State would achieve compliance with the SDU requirement,
the Secretary of HHS would not disapprove the State child support enforcement
plan. In addition, the Secretary of HHS would reduce the amount the State
would otherwise have received in Federal child support payments by the
penalty amount for the fiscal year. If a State that is subject to a penalty
achieves compliance on or before April l, 2000, the Secretary of HHS would
waive all penalties; if a State achieves compliance on or after April 1,
2000, and on or before September 30, 2000, the penalty amount would be
one percent. The Secretary of HHS would not be able to impose a penalty
against a State for a fiscal year for which the State has already been
penalized for noncompliance with statutory requirements on automated data
processing.
Title V. Financing Provisions
The Secretary of HHS would comply with any request from the Secretary
of the U.S. Department of Education for information in the National Directory
of New Hires on the address or employer of any individual who is in default
on payment of a student loan. The $100 million (for fiscal year 1999) Welfare-to-Work
bonus for States with high performance would be repealed.
Title VI. Miscellaneous
The Secretary of HHS would be authorized to spend funds on the evaluation
of the Abstinence Education Program through fiscal year 2005. Within six
months of enactment, the Secretary of HHS would prepare a report on the
procedures States use to locate custodial parents for whom child support
has been collected but not yet distributed due to a change of address.
Congress wishes to clarify that States could use funds from their TANF
program to support fatherhood activities like those authorized under this
legislation. Additional funds would be available for an evaluation study
of the effects of the 1996 welfare reform law. Training funds would be
available for judges and other court personnel that work on child abuse
and neglect cases. State Unemployment Insurance programs would be authorized
to have access to interstate cases in the New Hire database maintained
by the child support program for the purpose of recovering overpayments.
HR 3073 RFS
106th CONGRESS
1st Session
H. R. 3073
IN THE SENATE OF THE UNITED STATES
November 16, 1999
Received
November 19, 1999
Read twice and referred to the Committee on Finance
AN ACT
To amend part A of title IV of the Social Security Act to provide
for grants for projects designed to promote responsible fatherhood, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `Fathers Count Act of
1999'.
(b) TABLE OF CONTENTS- The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I--FATHERHOOD GRANT PROGRAM
Sec. 101. Fatherhood grants.
TITLE II--FATHERHOOD PROJECTS OF NATIONAL SIGNIFICANCE
Sec. 201. Fatherhood projects of national significance.
TITLE III--WELFARE-TO-WORK PROGRAM ELIGIBILITY
Sec. 301. Flexibility in eligibility for participation in welfare-to-work
program.
Sec. 302. Limited vocational educational and job training included
as allowable activity.
Sec. 303. Certain grantees authorized to provide employment services
directly.
Sec. 304. Simplification and coordination of reporting requirements.
Sec. 305. Use of State information to aid administration of welfare-to-work
formula grant funds.
TITLE IV--ALTERNATIVE PENALTY PROCEDURE RELATING TO STATE DISBURSEMENT
UNITS
Sec. 401. Alternative penalty procedure relating to State disbursement
units.
TITLE V--FINANCING PROVISIONS
Sec. 501. Use of new hire information to assist in collection of defaulted
student loans and grants.
Sec. 502. Elimination of set-aside of portion of welfare-to-work funds
for successful performance bonus.
TITLE VI--MISCELLANEOUS
Sec. 601. Change dates for evaluation.
Sec. 602. Report on undistributed child support payments.
Sec. 603. Sense of the Congress.
Sec. 604. Additional funding for welfare evaluation study.
Sec. 605. Training in child abuse and neglect proceedings.
Sec. 606. Use of new hire information to assist in administration of
unemployment compensation programs.
Sec. 607. Immigration provisions.
TITLE I--FATHERHOOD GRANT PROGRAM
SEC. 101. FATHERHOOD GRANTS.
(a) IN GENERAL- Part A of title IV of the Social Security Act (42 U.S.C.
601-619) is amended by inserting after section 403 the following:
`SEC. 403A. FATHERHOOD PROGRAMS.
`(a) PURPOSE- The purpose of this section is to make grants available
to public and private entities for projects designed to--
`(1) promote marriage through counseling, mentoring, disseminating
information about the advantages of marriage, enhancing relationship skills,
teaching how to control aggressive behavior, and other methods;
`(2) promote successful parenting through counseling, mentoring, disseminating
information about good parenting practices including prepregnancy, family
planning, training parents in money management, encouraging child support
payments, encouraging regular visitation between fathers and their children,
and other methods; and
`(3) help fathers and their families avoid or leave cash welfare provided
by the program under part A and improve their economic status by providing
work first services, job search, job training, subsidized employment, career-advancing
education, job retention, job enhancement, and other methods.
`(1) APPLICATIONS- An entity desiring a grant to carry out a project
described in subsection (a) may submit to the Secretary an application
that contains the following:
`(A) A description of the project and how the project will be carried
out.
`(B) A description of how the project will address all three of the
purposes of this section.
`(C) A written commitment by the entity that the project will allow
an individual to participate in the project only if the individual is--
`(i) a father of a child who is, or within the past 24 months has been,
a recipient of assistance or services under a State program funded under
this part;
`(ii) a father, including an expectant or married father, whose income
(net of court-ordered child support) is less than 150 percent of the poverty
line (as defined in section 673(2) of the Omnibus Budget Reconciliation
Act of 1981, including any revision required by such section, applicable
to a family of the size involved); or
`(iii) a parent referred to in paragraph (3)(A)(iii).
`(D) A written commitment by the entity that the entity will provide
for the project, from funds obtained from non-Federal sources, amounts
(including in-kind contributions) equal in value to--
`(i) 20 percent of the amount of any grant made to the entity under
this subsection; or
`(ii) such lesser percentage as the Secretary deems appropriate (which
shall be not less than 10 percent) of such amount, if the application demonstrates
that there are circumstances that limit the ability of the entity to raise
funds or obtain resources.
`(E) A written commitment by the entity that the entity will make available
to each individual participating in the project education about alcohol,
tobacco, and other drugs and the effects of abusing such substances, and
information about HIV/AIDS and its transmission.
`(2) CONSIDERATION OF APPLICATIONS BY INTERAGENCY PANELS-
`(i) ESTABLISHMENT- There is established a panel to be known as the
`Fatherhood Grants Recommendations Panel' (in this subparagraph referred
to as the `Panel').
`(I) IN GENERAL- The Panel shall be composed of 10 members, as follows:
`(aa) Two members of the Panel shall be appointed by the Secretary.
`(bb) Two members of the Panel shall be appointed by the Secretary
of Labor.
`(cc) Two members of the Panel shall be appointed by the Chairman
of the Committee on Ways and Means of the House of Representatives.
`(dd) One member of the Panel shall be appointed by the ranking
minority member of the Committee on Ways and Means of the House of Representatives.
`(ee) Two members of the Panel shall be appointed by the Chairman
of the Committee on Finance of the Senate.
`(ff) One member of the Panel shall be appointed by the ranking
minority member of the Committee on Finance of the Senate.
`(II) QUALIFICATIONS- An individual shall not be eligible to serve
on the Panel unless the individual has experience in programs for fathers,
programs for the poor, programs for children, program administration, or
program research.
`(III) CONFLICTS OF INTEREST- An individual shall not be eligible to
serve on the Panel if such service would pose a conflict of interest for
the individual.
`(IV) TIMING OF APPOINTMENTS- The appointment of members to the Panel
shall be completed not later than March 1, 2000.
`(I) REVIEW AND MAKE RECOMMENDATIONS ON PROJECT APPLICATIONS- The Panel
shall review all applications submitted pursuant to paragraph (1), and
make recommendations to the Secretary regarding which applicants should
be awarded grants under this subsection, with due regard for the provisions
of paragraph (3), but shall not recommend that a project be awarded such
a grant if the application describing the project does not attempt to meet
the requirement of paragraph (1)(B).
`(II) TIMING- The Panel shall make such recommendations not later than
September 1, 2000.
`(iv) TERM OF OFFICE- Each member appointed to the Panel shall serve
for the life of the Panel.
`(v) PROHIBITION ON COMPENSATION- Members of the Panel may not receive
pay, allowances, or benefits by reason of their service on the Panel.
`(vi) TRAVEL EXPENSES- Each member of the Panel shall receive travel
expenses, including per diem in lieu of subsistence, in accordance with
sections 5702 and 5703 of title 5, United States Code.
`(vii) MEETINGS- The Panel shall meet as often as is necessary to complete
the business of the Panel.
`(viii) CHAIRPERSON- The Chairperson of the Panel shall be designated
by the Secretary at the time of appointment.
`(ix) STAFF OF FEDERAL AGENCIES- The Secretary may detail any personnel
of the Department of Health and Human Services and the Secretary of Labor
may detail any personnel of the Department of Labor to the Panel to assist
the Panel in carrying out its duties under this subparagraph.
`(x) OBTAINING OFFICIAL DATA- The Panel may secure directly from any
department or agency of the United States information necessary to enable
it to carry out this subparagraph. On request of the Chairperson of the
Panel, the head of the department or agency shall furnish that information
to the Panel.
`(xi) MAILS- The Panel may use the United States mails in the same
manner and under the same conditions as other departments and agencies
of the United States.
`(xii) TERMINATION- The Panel shall terminate on September 1, 2000.
`(i) ESTABLISHMENT- Effective January 1, 2001, there is established
a panel to be known as the `Fatherhood Grants Recommendations Panel' (in
this subparagraph referred to as the `Panel').
`(I) IN GENERAL- The Panel shall be composed of 10 members, as follows:
`(aa) Two members of the Panel shall be appointed by the Secretary.
`(bb) Two members of the Panel shall be appointed by the Secretary
of Labor.
`(cc) Two members of the Panel shall be appointed by the Chairman
of the Committee on Ways and Means of the House of Representatives.
`(dd) One member of the Panel shall be appointed by the ranking
minority member of the Committee on Ways and Means of the House of Representatives.
`(ee) Two members of the Panel shall be appointed by the Chairman
of the Committee on Finance of the Senate.
`(ff) One member of the Panel shall be appointed by the ranking
minority member of the Committee on Finance of the Senate.
`(II) QUALIFICATIONS- An individual shall not be eligible to serve
on the Panel unless the individual has experience in programs for fathers,
programs for the poor, programs for children, program administration, or
program research.
`(III) CONFLICTS OF INTEREST- An individual shall not be eligible to
serve on the Panel if such service would pose a conflict of interest for
the individual.
`(IV) TIMING OF APPOINTMENTS- The appointment of members to the Panel
shall be completed not later than March 1, 2001.
`(I) REVIEW AND MAKE RECOMMENDATIONS ON PROJECT APPLICATIONS- The Panel
shall review all applications submitted pursuant to paragraph (1), and
make recommendations to the Secretary regarding which applicants should
be awarded grants under this subsection, with due regard for the provisions
of paragraph (3), but shall not recommend that a project be awarded such
a grant if the application describing the project does not attempt to meet
the requirement of paragraph (1)(B).
`(II) TIMING- The Panel shall make such recommendations not later than
September 1, 2001.
`(iv) TERM OF OFFICE- Each member appointed to the Panel shall serve
for the life of the Panel.
`(v) PROHIBITION ON COMPENSATION- Members of the Panel may not receive
pay, allowances, or benefits by reason of their service on the Panel.
`(vi) TRAVEL EXPENSES- Each member of the Panel shall receive travel
expenses, including per diem in lieu of subsistence, in accordance with
sections 5702 and 5703 of title 5, United States Code.
`(vii) MEETINGS- The Panel shall meet as often as is necessary to complete
the business of the Panel.
`(viii) CHAIRPERSON- The Chairperson of the Panel shall be designated
by the Secretary at the time of appointment.
`(ix) STAFF OF FEDERAL AGENCIES- The Secretary may detail any personnel
of the Department of Health and Human Services and the Secretary of Labor
may detail any personnel of the Department of Labor to the Panel to assist
the Panel in carrying out its duties under this subparagraph.
`(x) OBTAINING OFFICIAL DATA- The Panel may secure directly from any
department or agency of the United States information necessary to enable
it to carry out this subparagraph. On request of the Chairperson of the
Panel, the head of the department or agency shall furnish that information
to the Panel.
`(xi) MAILS- The Panel may use the United States mails in the same
manner and under the same conditions as other departments and agencies
of the United States.
`(xii) TERMINATION- The Panel shall terminate on September 1, 2001.
`(i) IN GENERAL- The Secretary shall award matching grants, on a competitive
basis, among entities submitting applications therefor which meet the requirements
of paragraph (1), in amounts that take into account the written commitments
referred to in paragraph (1)(D).
`(I) FIRST ROUND- On October 1, 2000, the Secretary shall award not
more than $70,000,000 in matching grants after considering the recommendations
submitted pursuant to paragraph (2)(A)(iii)(I).
`(II) SECOND ROUND- On October 1, 2001, the Secretary shall award not
more than $70,000,000 in matching grants after considering the recommendations
submitted pursuant to paragraph (2)(B)(iii)(I).
`(iii) NONDISCRIMINATION- The provisions of this section shall be applied
and administered so as to ensure that mothers, expectant mothers, and married
mothers are eligible for benefits and services under projects awarded grants
under this section on the same basis as fathers, expectant fathers, and
married fathers.
`(B) PREFERENCES- In determining which entities to which to award grants
under this subsection, the Secretary shall give preference to an entity--
`(i) to the extent that the application submitted by the entity describes
actions that the entity will take that are designed to encourage or facilitate
the payment of child support, including but not limited to--
`(I) obtaining agreements with the State in which the project will
be carried out under which the State will exercise its authority under
the last sentence of section 457(a)(2)(B)(iv) in every case in which such
authority may be exercised;
`(II) obtaining a written commitment by the agency responsible for
administering the State plan approved under part D for the State in which
the project is to be carried out that the State will voluntarily cancel
child support arrearages owed to the State by the father as a result of
the father providing various supports to the family such as maintaining
a regular child support payment schedule or living with his children;
`(III) obtaining a written commitment by the entity that the entity
will help participating fathers who cooperate with the agency in improving
their credit rating; and
`(IV) helping fathers arrange and maintain a consistent schedule of
visits with their children;
`(ii) to the extent that the application includes written agreements
of cooperation with other private and governmental agencies, including
the State or local program funded under this part, the local Workforce
Investment Board, the State or local program funded under part D, and the
State or local program funded under part E, which should include a description
of the services each such agency will provide to fathers participating
in the project described in the application;
`(iii) to the extent that the application describes a project that
will enroll a high percentage of project participants within 6 months before
or after the birth of the child; or
`(iv) to the extent that the application sets forth clear and practical
methods by which fathers will be recruited to participate in the project.
`(C) MINIMUM PERCENTAGE OF RECIPIENTS OF GRANT FUNDS TO BE NONGOVERNMENTAL
(INCLUDING FAITH-BASED) ORGANIZATIONS- Not less than 75 percent of the
entities awarded grants under this subsection in each fiscal year (other
than entities awarded such grants pursuant to the preferences required
by subparagraph (B)) shall be awarded to--
`(i) nongovernmental (including faith-based) organizations; or
`(ii) governmental organizations that pass through to organizations
referred to in clause (i) at least 50 percent of the amount of the grant.
`(D) DIVERSITY OF PROJECTS-
`(i) IN GENERAL- In determining which entities to which to award grants
under this subsection, the Secretary shall attempt to achieve a balance
among entities of differing sizes, entities in differing geographic areas,
entities in urban versus rural areas, and entities employing differing
methods of achieving the purposes of this section.
`(ii) REPORT TO THE CONGRESS- Within 90 days after each award of grants
under subclause (I) or (II) of subparagraph (A)(ii), the Secretary shall
submit to the Committee on Ways and Means of the House of Representatives
and the Committee on Finance of the Senate a brief report on the diversity
of projectes selected to receive funds under the grant program. The report
shall include a comparison of funding for projects located in urban areas,
projects located in suburban areas, and projects located in rural areas.
`(E) PAYMENT OF GRANT IN FOUR EQUAL ANNUAL INSTALLMENTS- During the
fiscal year in which a grant is awarded under this subsection and each
of the succeeding three fiscal years, the Secretary shall provide to the
entity awarded the grant an amount equal to 1/4 of the amount of the grant.
`(A) IN GENERAL- Each entity to which a grant is made under this subsection
shall use grant funds provided under this subsection in accordance with
the application requesting the grant, the requirements of this subsection,
and the regulations prescribed under this subsection, and may use the grant
funds to support community-wide initiatives to address the purposes of
this section.
`(i) IN GENERAL- An adult in a work activity described in section 407(d)
which is funded, in whole or in part, by funds provided under this section
shall not be employed or assigned--
`(I) when any other individual is on layoff from the same or any substantially
equivalent job; or
`(II) if the employer has terminated the employment of any regular
employee or otherwise caused an involuntary reduction of its workforce
in order to fill the vacancy so created with such an adult.
`(ii) GRIEVANCE PROCEDURE-
`(I) IN GENERAL- Complaints alleging violations of clause (i) in a
State may be resolved--
`(aa) if the State has established a grievance procedure under
section 403(a)(5)(I)(iv), pursuant to the grievance procedure; or
`(bb) otherwise, pursuant to the grievance procedure established
by the State under section 407(f)(3).
`(II) FORFEITURE OF GRANT IF GRIEVANCE PROCEDURE NOT AVAILABLE- If
a complaint referred to in subclause (I) is made against an entity to which
a grant has been made under this section with respect to a project, and
the complaint cannot be brought to, or cannot be resolved within 90 days
after being brought, by a grievance procedure referred to in subclause
(I), then the entity shall immediately return to the Secretary all funds
provided to the entity under this section for the project, and the Secretary
shall immediately rescind the grant.
`(C) RULE OF CONSTRUCTION- This section shall not be construed to require
the participation of a father in a project funded under this section to
be discontinued by the project on the basis of changed economic circumstances
of the father.
`(D) RULE OF CONSTRUCTION ON MARRIAGE- This section shall not be construed
to authorize the Secretary to define marriage for purposes of this section.
`(E) PENALTY FOR MISUSE OF GRANT FUNDS- If the Secretary determines
that an entity to which a grant is made under this subsection has used
any amount of the grant in violation of subparagraph (A), the Secretary
shall require the entity to remit to the Secretary an amount equal to the
amount so used, plus all remaining grant funds, and the entity shall thereafter
be ineligible for any grant under this subsection.
`(F) REMITTANCE OF UNUSED GRANT FUNDS- Each entity to which a grant
is awarded under this subsection shall remit to the Secretary all funds
paid under the grant that remain at the end of the fifth fiscal year ending
after the initial grant award.
`(5) AUTHORITY OF AGENCIES TO EXCHANGE INFORMATION- Each agency administering
a program funded under this part or a State plan approved under part D
may share the name, address, telephone number, and identifying case number
information in the State program funded under this part, of fathers for
purposes of assisting in determining the eligibility of fathers to participate
in projects receiving grants under this section, and in contacting fathers
potentially eligible to participate in the projects, subject to all applicable
privacy laws.
`(6) EVALUATION- The Secretary, in consultation with the Secretary
of Labor, shall, directly or by grant, contract, or interagency agreement,
conduct an evaluation of projects funded under this section (other than
under subsection (c)(1)). The evaluation shall assess, among other outcomes
selected by the Secretary, effects of the projects on marriage, parenting,
employment, earnings, and payment of child support. In selecting projects
for the evaluation, the Secretary should include projects that, in the
Secretary's judgment, are most likely to impact the matters described in
the purposes of this section. In conducting the evaluation, random assignment
should be used wherever possible.
`(7) REGULATIONS- The Secretary shall prescribe such regulations as
may be necessary to carry out this subsection.
`(8) LIMITATION ON APPLICABILITY OF OTHER PROVISIONS OF THIS PART-
Sections 404 through 410 shall not apply to this section or to amounts
paid under this section, and shall not be applied to an entity solely by
reason of receipt of funds pursuant to this section. A project shall not
be considered a State program funded under this part solely by reason of
receipt of funds paid under this section.
`(i) INTERAGENCY PANELS- Of the amounts made available pursuant to
section 403(a)(1)(E) to carry out this section for fiscal years 2000 and
2001, a total of $150,000 shall be made available for the interagency panels
established by paragraph (2) of this subsection.
`(ii) GRANTS- Of the amounts made available pursuant to section 403(a)(1)(E)
to carry out this section, there shall be made available for grants under
this subsection--
`(I) $17,500,000 for fiscal year 2001;
`(II) $35,000,000 for each of fiscal years 2002 through 2004; and
`(III) $17,500,000 for fiscal year 2005.
`(iii) EVALUATION- Of the amounts made available pursuant to section
403(a)(1)(E) to carry out this section for fiscal years 2000 through 2006,
a total of $6,000,000 shall be made available for the evaluation required
by paragraph (6) of this subsection.
`(i) GRANT FUNDS- The amounts made available pursuant to subparagraph
(A)(ii) shall remain available until the end of fiscal year 2005.
`(ii) EVALUATION FUNDS- The amounts made available pursuant to subparagraph
(A)(iii) shall remain available until the end of fiscal year 2007.'.
(b) FUNDING- Section 403(a)(1)(E) of such Act (42 U.S.C. 603(a)(1)(E))
is amended by inserting `, and for fiscal years 2000 through 2006, such
sums as are necessary to carry out section 403A' before the period.
(c) AUTHORITY TO STATES TO PASS THROUGH CHILD SUPPORT ARREARAGES COLLECTED
THROUGH TAX REFUND INTERCEPT TO FAMILIES WHO HAVE CEASED TO RECEIVE CASH
ASSISTANCE; FEDERAL REIMBURSEMENT OF STATE SHARE OF SUCH PASSED THROUGH
ARREARAGES- Section 457(a)(2)(B)(iv) of such Act (42 U.S.C. 657(a)(2)(B)(iv))
is amended--
(1) by inserting `(except the last sentence of this clause)' after
`this section'; and
(2) by adding at the end the following: `Notwithstanding the preceding
sentences of this clause, if the amount is collected on behalf of a family
that includes a child of a participant in a project funded under section
403A and that has ceased to receive cash payments under a State program
funded under section 403, then the State may distribute the amount collected
pursuant to section 464 to the family, and the aggregate of the amounts
otherwise required by this section to be paid by the State to the Federal
government shall be reduced by an amount equal to the State share of the
amount collected pursuant to section 464 that would otherwise be retained
as reimbursement for assistance paid to the family.'.
(d) APPLICABILITY OF CHARITABLE CHOICE PROVISIONS OF WELFARE REFORM-
Section 104 of the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (42 U.S.C. 604a) is amended by adding at the end the following:
`(l) Notwithstanding the preceding provisions of this section, this
section shall apply to any entity to which funds have been provided under
section 403A of the Social Security Act in the same manner in which this
section applies to States, and, for purposes of this section, any project
for which such funds are so provided shall be considered a program described
in subsection (a)(2).'.
TITLE II--FATHERHOOD PRO-JECTS OF NATIONAL SIGNIFICANCE
SEC. 201. FATHERHOOD PROJECTS OF NATIONAL SIGNIFICANCE.
Section 403A of the Social Security Act, as added by title I of this
Act, is amended by adding at the end the following:
`(c) FATHERHOOD PROJECTS OF NATIONAL SIGNIFICANCE-
`(1) NATIONAL CLEARINGHOUSE- The Secretary shall award a $5,000,000
grant to a nationally recognized, nonprofit fatherhood promotion organization
with at least 4 years of experience in designing and disseminating a national
public education campaign, including the production and successful placement
of television, radio, and print public service announcements which promote
the importance of responsible fatherhood, and with at least 4 years experience
providing consultation and training to community-based organizations interested
in implementing fatherhood outreach, support, or skill development programs
with an emphasis on promoting married fatherhood as the ideal, to--
`(A) develop, promote, and distribute to interested States, local governments,
public agencies, and private nonprofit organizations, including charitable
and religious organizations, a media campaign that encourages the appropriate
involvement of both parents in the life of any child of the parents, and
encourages such organizations to develope or sponsor programs that specifically
address the issue of responsible fatherhood and the advantages conferred
on children by marriage;
`(B) develop a national clearinghouse to assist States, communities,
and private entities in efforts to promote and support marriage and responsible
fatherhood by collecting, evaluating, and making available (through the
Internet and by other means) to all interested parties, information regarding
media campaigns and fatherhood programs;
`(C) develop and distribute materials that are for use by entities
described in subparagraph (A) or (B) and that help young adults manage
their money, develop the knowledge and skills needed to promote successful
marriages, plan for future expenditures and investments, and plan for retirement;
`(D) develop and distribute materials that are for use by entities
described in subparagraphs (A) and (B) and that list all the sources of
public support for education and training that are available to young adults,
including government spending programs as well as benefits under Federal
and State tax laws.
`(2) MULTICITY FATHERHOOD PROJECTS-
`(A) IN GENERAL- The Secretary shall award a $5,000,000 grant to each
of two nationally recognized nonprofit fatherhood promotion organizations
which meet the requirements of subparagraph (B), at least one of which
organizations meets the requirement of subparagraph (C).
`(B) REQUIREMENTS- The requirements of this subparagraph are the following:
`(i) The organization must have several years of experience in designing
and conducting programs that meet the purposes described in paragraph (1).
`(ii) The organization must have experience in simultaneously conducting
such programs in more than one major metropolitan area and in coordinating
such programs with local government agencies and private, nonprofit agencies,
including State or local agencies responsible for conducting the program
under part D and Workfore Investment Boards.
`(iii) The organization must submit to the Secretary an application
that meets all the conditions applicable to the organization under this
section and that provides for projects to be conducted in three major metropolitan
areas.
`(C) USE OF MARRIED COUPLES TO DELIVER SERVICES IN THE INNER CITY-
The requirement of this subparagraph is that the organization has extensive
experience in using married couples to deliver program services in the
inner city.
`(3) PAYMENT OF GRANTS IN FOUR EQUAL ANNUAL INSTALLMENTS- During each
of fiscal years 2002 through 2005, the Secretary shall provide to each
entity awarded a grant under this subsection an amount equal to 1/4 of
the amount of the grant.
`(A) IN GENERAL- Of the amounts made available pursuant to section
403(a)(1)(E) to carry out this section, $3,750,000 shall be made available
for grants under this subsection for each of fiscal years 2002 through
2005.
`(B) AVAILABILITY- The amounts made available pursuant to subparagraph
(A) shall remain available until the end of fiscal year 2005.'.
TITLE III--WELFARE-TO-WORK PROGRAM ELIGIBILITY
SEC. 301. FLEXIBILITY IN ELIGIBILITY FOR PARTICIPATION IN WELFARE-TO-WORK
PROGRAM.
(a) IN GENERAL- Section 403(a)(5)(C)(ii) of the Social Security Act
(42 U.S.C. 603(a)(5)(C)(ii)) is amended to read as follows:
`(ii) GENERAL ELIGIBILITY- An entity that operates a project with funds
provided under this paragraph may expend funds provided to the project
for the benefit of recipients of assistance under the program funded under
this part of the State in which the entity is located who--
`(I) has received assistance under the State program funded under this
part (whether in effect before or after the amendments made by section
103 of the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 first apply to the State) for at least 30 months (whether or
not consecutive); or
`(II) within 12 months, will become ineligible for assistance under
the State program funded under this part by reason of a durational limit
on such assistance, without regard to any exemption provided pursuant to
section 408(a)(7)(C) that may apply to the individual.'.
(b) NONCUSTODIAL PARENTS-
(1) IN GENERAL- Section 403(a)(5)(C) of such Act (42 U.S.C. 603(a)(5)(C))
is amended--
(A) by redesignating clauses (iii) through (viii) as clauses (iv) through
(ix), respectively; and
(B) by inserting after clause (ii) the following:
`(iii) NONCUSTODIAL PARENTS- An entity that operates a project with
funds provided under this paragraph may use the funds to provide services
in a form described in clause (i) to noncustodial parents with respect
to whom the requirements of the following subclauses are met:
`(I) The noncustodial parent is unemployed, underemployed, or having
difficulty in paying child support obligations.
`(II) At least one of the following applies to a minor child of the
noncustodial parent (with preference in the determination of the noncustodial
parents to be provided services under this paragraph to be provided by
the entity to those noncustodial parents with minor children who meet,
or who have custodial parents who meet, the requirements of item (aa)):
`(aa) The minor child or the custodial parent of the minor child
meets the requirements of subclause (I) or (II) of clause (ii).
`(bb) The minor child is eligible for, or is receiving, benefits
under the program funded under this part.
`(cc) The minor child received benefits under the program funded
under this part in the 12-month period preceding the date of the determination
but no longer receives such benefits.
`(dd) The minor child is eligible for, or is receiving, assistance
under the Food Stamp Act of 1977, benefits under the supplemental security
income program under title XVI of this Act, medical assistance under title
XIX of this Act, or child health assistance under title XXI of this Act.
`(III) In the case of a noncustodial parent who becomes enrolled in
the project on or after the date of the enactment of this clause, the noncustodial
parent is in compliance with the terms of an oral or written personal responsibility
contract entered into among the noncustodial parent, the entity, and (unless
the entity demonstrates to the Secretary that the entity is not capable
of coordinating with such agency) the agency responsible for administering
the State plan under part D, which was developed taking into account the
employment and child support status of the noncustodial parent, which was
entered into not later than 30 (or, at the option of the entity, not later
than 90) days after the noncustodial parent was enrolled in the project,
and which, at a minimum, includes the following:
`(aa) A commitment by the noncustodial parent to cooperate, at
the earliest opportunity, in the establishment of the paternity of the
minor child, through voluntary acknowledgement or other procedures, and
in the establishment of a child support order.
`(bb) A commitment by the noncustodial parent to cooperate in
the payment of child support for the minor child, which may include a modification
of an existing support order to take into account the ability of the noncustodial
parent to pay such support and the participation of such parent in the
project.
`(cc) A commitment by the noncustodial parent to participate
in employment or related activities that will enable the noncustodial parent
to make regular child support payments, and if the noncustodial parent
has not attained 20 years of age, such related activities may include completion
of high school, a general equivalency degree, or other education directly
related to employment.
`(dd) A description of the services to be provided under this
paragraph, and a commitment by the noncustodial parent to participate in
such services, that are designed to assist the noncustodial parent obtain
and retain employment, increase earnings, and enhance the financial and
emotional contributions to the well-being of the minor child.
In order to protect custodial parents and children who may be at risk
of domestic violence, the preceding provisions of this subclause shall
not be construed to affect any other provision of law requiring a custodial
parent to cooperate in establishing the paternity of a child or establishing
or enforcing a support order with respect to a child, or entitling a custodial
parent to refuse, for good cause, to provide such cooperation as a condition
of assistance or benefit under any program, shall not be construed to require
such cooperation by the custodial parent as a condition of participation
of either parent in the program authorized under this paragraph, and shall
not be construed to require a custodial parent to cooperate with or participate
in any activity under this clause. The entity operating a project under
this clause with funds provided under this paragraph shall consult with
domestic violence prevention and intervention organizations in the development
of the project.'.
(2) CONFORMING AMENDMENT- Section 412(a)(3)(C)(ii) of such Act (42
U.S.C. 612(a)(3)(C)(ii)) is amended by striking `(vii)' and inserting `(viii)'.
(c) RECIPIENTS WITH CHARACTERISTICS OF LONG-TERM DEPENDENCY; CHILDREN
AGING OUT OF FOSTER CARE-
(1) IN GENERAL- Section 403(a)(5)(C)(iv) of such Act (42 U.S.C. 603(a)(5)(C)(iv)),
as so redesignated by subsection (b)(1)(A) of this section, is amended--
(A) by striking `or' at the end of subclause (I); and
(B) by striking subclause (II) and inserting the following:
`(aa) who have attained 18 years of age but not 25 years of age;
and
`(bb) who, before attaining 18 years of age, were recipients
of foster care maintenance payments (as defined in section 475(4)) under
part E or were in foster care under the responsibility of a State; or
`(III) to recipients of assistance under the State program funded under
this part, determined to have significant barriers to self-sufficiency,
pursuant to criteria established by the local private industry council.'.
(2) CONFORMING AMENDMENTS- Section 403(a)(5)(C)(iv) of such Act (42
U.S.C. 603(a)(5)(C)(iv)), as so redesignated by subsection (b)(1)(A) of
this section, is amended--
(A) in the heading by inserting `HARD TO EMPLOY' before `INDIVIDUALS';
and
(B) in the last sentence by striking `clause (ii)' and inserting `clauses
(ii) and (iii) and, as appropriate, clause (v)'.
(d) CUSTODIAL PARENTS WITH INCOME BELOW POVERTY LINE WHO ARE NOT ON
WELFARE-
(1) IN GENERAL- Section 403(a)(5)(C) of such Act (42 U.S.C. 603(a)(5)(C)),
as amended by subsection (b)(1) of this section, is amended--
(A) by redesignating clauses (vi) through (ix) as clauses (vii) through
(x), respectively; and
(B) by inserting after clause (v) the following:
`(vi) CUSTODIAL PARENTS WITH INCOME BELOW POVERTY LINE WHO ARE NOT
ON WELFARE- An entity that operates a project with funds provided under
this paragraph may use the funds to provide assistance in a form described
in clause (i) to custodial parents--
`(I) whose income is less than 100 percent of the poverty line (as
defined in section 673(2) of the Omnibus Budget Reconciliation Act of 1981,
including any revision required by such section, applicable to a family
of the size involved); and
`(II) who are not otherwise recipients of assistance under a State
program funded under this part.'.
(2) CONFORMING AMENDMENTS-
(A) Section 403(a)(5)(C)(iv) of such Act (42 U.S.C. 603(a)(5)(C)(iv)),
as so redesignated by subsection (b)(1)(A) of this section, and as amended
by subsection (c)(2) of this section, is amended in the last sentence by
striking `clause (v)' and inserting `clauses (v) and (vi)'.
(B) Section 412(a)(3)(C)(ii) of such Act (42 U.S.C. 612(a)(3)(C)(ii)),
as amended by subsection (b)(2) of this section, is amended by striking
`(viii)' and inserting `(ix)'.
(e) CONFORMING AMENDMENT- Section 404(k)(1)(C)(iii) of such Act (42
U.S.C. 604(k)(1)(C)(iii)) is amended by striking `item (aa) or (bb) of
section 403(a)(5)(C)(ii)(II)' and inserting `section 403(a)(5)(C)(iii)'.
SEC. 302. LIMITED VOCATIONAL EDUCATIONAL AND JOB TRAINING INCLUDED AS ALLOWABLE
ACTIVITIES.
Section 403(a)(5)(C)(i) of the Social Security Act (42 U.S.C. 603(a)(5)(C)(i))
is amended by inserting after subclause (VI) the following:
`(VII) Not more than 6 months of vocational educational or job training.'.
SEC. 303. CERTAIN GRANTEES AUTHORIZED TO PROVIDE EMPLOYMENT SERVICES DIRECTLY.
Section 403(a)(5)(C)(i)(IV) of the Social Security Act (42 U.S.C. 603(a)(5)(C)(i)(IV))
is amended by inserting `, or if the entity is not a private industry council
or workforce investment board, the direct provision of such services' before
the period.
SEC. 304. SIMPLIFICATION AND COORDINATION OF REPORTING REQUIREMENTS.
(a) ELIMINATION OF CURRENT REQUIREMENTS- Section 411(a)(1)(A) of the
Social Security Act (42 U.S.C. 611(a)(1)(A)) is amended--
(1) in the matter preceding clause (i), by inserting `(except for information
relating to activities carried out under section 403(a)(5))' after `part';
and
(2) by striking clause (xviii).
(b) ESTABLISHMENT OF REPORTING REQUIREMENT- Section 403(a)(5)(C) of
the Social Security Act (42 U.S.C. 603(a)(5)(C)), as amended by subsections
(b)(1) and (d)(1) of section 301 of this Act, is amended by adding at the
end the following:
`(xi) REPORTING REQUIREMENTS- The Secretary of Labor, in consultation
with the Secretary of Health and Human Services, States, and organizations
that represent State or local governments, shall establish requirements
for the collection and maintenance of financial and participant information
and the reporting of such information by entities carrying out activities
under this paragraph.'.
SEC. 305. USE OF STATE INFORMATION TO AID ADMINISTRATION OF WELFARE-TO-WORK
GRANT FUNDS.
(a) AUTHORITY OF STATE AGENCIES TO DISCLOSE TO PRIVATE INDUSTRY COUNCILS
THE NAMES, ADDRESSESS, AND TELEPHONE NUMBERS OF POTENTIAL WELFARE-TO-WORK
PROGRAM PARTICIPANTS-
(1) STATE IV-D AGENCIES- Section 454A(f) of the Social Security Act
(42 U.S.C. 654a(f)) is amended by adding at the end the following:
`(5) PRIVATE INDUSTRY COUNCILS RECEIVING WELFARE-TO-WORK GRANTS- Disclosing
to a private industry council (as defined in section 403(a)(5)(D)(ii))
to which funds are provided under section 403(a)(5) the names, addresses,
telephone numbers, and identifying case number information in the State
program funded under part A, of noncustodial parents residing in the service
delivery area of the private industry council, for the purpose of identifying
and contacting noncustodial parents regarding participation in the program
under section 403(a)(5).'.
(2) STATE TANF AGENCIES- Section 403(a)(5) of such Act (42 U.S.C. 603(a)(5))
is amended by adding at the end the following:
`(K) INFORMATION DISCLOSURE- If a State to which a grant is made under
section 403 establishes safeguards against the use or disclosure of information
about applicants or recipients of assistance under the State program funded
under this part, the safeguards shall not prevent the State agency administering
the program from furnishing to a private industry council the names, addresses,
telephone numbers, and identifying case number information in the State
program funded under this part, of noncustodial parents residing in the
service delivery area of the private industry council, for the purpose
of identifying and contacting noncustodial parents regarding participation
in the program under this paragraph.'.
(b) SAFEGUARDING OF INFORMATION DISCLOSED TO PRIVATE INDUSTRY COUNCILS-
Section 403(a)(5)(A)(ii)(I) of such Act (42 U.S.C. 603(a)(5)(A)(ii)(I))
is amended--
(1) by striking `and' at the end of item (dd);
(2) by striking the period at the end of item (ee) and inserting `;
and'; and
(3) by adding at the end the following:
`(ff) describes how the State will ensure that a private industry
council to which information is disclosed pursuant to section 403(a)(5)(K)
or 454A(f)(5) has procedures for safeguarding the information and for ensuring
that the information is used solely for the purpose described in that section.'.
TITLE IV--ALTERNATIVE PENALTY PROCEDURE RELATING TO STATE DISBURSEMENT
UNITS
SEC. 401. ALTERNATIVE PENALTY PROCEDURE RELATING TO STATE DISBURSEMENT
UNITS.
(a) IN GENERAL- Section 455(a) of the Social Security Act (42 U.S.C.
655(a)) is amended by adding at the end the following:
`(I) the Secretary determines that a State plan under section 454 would
(in the absence of this paragraph) be disapproved for the failure of the
State to comply with subparagraphs (A) and (B)(i) of section 454(27), and
that the State has made and is continuing to make a good faith effort to
so comply; and
`(II) the State has submitted to the Secretary, not later than April
1, 2000, a corrective compliance plan that describes how, by when, and
at what cost the State will achieve such compliance, which has been approved
by the Secretary,
then the Secretary shall not disapprove the State plan under section
454, and the Secretary shall reduce the amount otherwise payable to the
State under paragraph (1)(A) of this subsection for the fiscal year by
the penalty amount.
`(ii) All failures of a State during a fiscal year to comply with any
of the requirements of section 454B shall be considered a single failure
of the State to comply with subparagraphs (A) and (B)(i) of section 454(27)
during the fiscal year for purposes of this paragraph.
`(i) The term `penalty amount' means, with respect to a failure of
a State to comply with subparagraphs (A) and (B)(i) of section 454(27)--
`(I) 4 percent of the penalty base, in the case of the first fiscal
year in which such a failure by the State occurs (regardless of whether
a penalty is imposed in that fiscal year under this paragraph with respect
to the failure), except as provided in subparagraph (C)(ii) of this paragraph;
`(II) 8 percent of the penalty base, in the case of the second such
fiscal year;
`(III) 16 percent of the penalty base, in the case of the third such
fiscal year;
`(IV) 25 percent of the penalty base, in the case of the fourth such
fiscal year; or
`(V) 30 percent of the penalty base, in the case of the fifth or any
subsequent such fiscal year.
`(ii) The term `penalty base' means, with respect to a failure of a
State to comply with subparagraphs (A) and (B)(i) of section 454(27) during
a fiscal year, the amount otherwise payable to the State under paragraph
(1)(A) of this subsection for the preceding fiscal year.
`(C)(i) The Secretary shall waive all penalties imposed against a State
under this paragraph for any failure of the State to comply with subparagraphs
(A) and (B)(i) of section 454(27) if the Secretary determines that, before
April 1, 2000, the State has achieved such compliance.
`(ii) If a State with respect to which a reduction is required to be
made under this paragraph with respect to a failure to comply with subparagraphs
(A) and (B)(i) of section 454(27) achieves such compliance on or after
April 1, 2000, and on or before September 30, 2000, then the penalty amount
applicable to the State shall be 1 percent of the penalty base with respect
to the failure involved.
`(D) The Secretary may not impose a penalty under this paragraph against
a State for a fiscal year for which the amount otherwise payable to the
State under paragraph (1)(A) of this subsection is reduced under paragraph
(4) of this subsection for failure to comply with section 454(24)(A).'.
(b) INAPPLICABILITY OF PENALTY UNDER TANF PROGRAM- Section 409(a)(8)(A)(i)(III)
of such Act (42 U.S.C. 609(a)(8)(A)(i)(III)) is amended by striking `section
454(24)' and inserting `paragraph (24), or subparagraph (A) or (B)(i) of
paragraph (27), of section 454'.
(c) EFFECTIVE DATE- The amendments made by this section shall take
effect on October 1, 1999.
TITLE V--FINANCING PROVISIONS
SEC. 501. USE OF NEW HIRE INFORMATION TO ASSIST IN COLLECTION OF DEFAULTED
STUDENT LOANS AND GRANTS.
(a) IN GENERAL- Section 453(j) of the Social Security Act (42 U.S.C.
653(j)) is amended by adding at the end the following:
`(6) INFORMATION COMPARISONS AND DISCLOSURE FOR ENFORCEMENT OF OBLIGATIONS
ON HIGHER EDUCATION ACT LOANS AND GRANTS-
`(A) FURNISHING OF INFORMATION BY THE SECRETARY OF EDUCATION- The Secretary
of Education shall furnish to the Secretary, on a quarterly basis or at
such less frequent intervals as may be determined by the Secretary of Education,
information in the custody of the Secretary of Education for comparison
with information in the National Directory of New Hires, in order to obtain
the information in such directory with respect to individuals who--
`(i) are borrowers of loans made under title IV of the Higher Education
Act of 1965 that are in default; or
`(ii) owe an obligation to refund an overpayment of a grant awarded
under such title.
`(B) REQUIREMENT TO SEEK MINIMUM INFORMATION NECESSARY- The Secretary
of Education shall seek information pursuant to this section only to the
extent essential to improving collection of the debt described in subparagraph
(A).
`(C) DUTIES OF THE SECRETARY-
`(i) INFORMATION COMPARISON; DISCLOSURE TO THE SECRETARY OF EDUCATION-
The Secretary, in cooperation with the Secretary of Education, shall compare
information in the National Directory of New Hires with information in
the custody of the Secretary of Education, and disclose information in
that Directory to the Secretary of Education, in accordance with this paragraph,
for the purposes specified in this paragraph.
`(ii) CONDITION ON DISCLOSURE- The Secretary shall make disclosures
in accordance with clause (i) only to the extent that the Secretary determines
that such disclosures do not interfere with the effective operation of
the program under this part. Support collection under section 466(b) shall
be given priority over collection of any defaulted student loan or grant
overpayment against the same income.
`(D) USE OF INFORMATION BY THE SECRETARY OF EDUCATION- The Secretary
of Education may use information resulting from a data match pursuant to
this paragraph only--
`(i) for the purpose of collection of the debt described in subparagraph
(A) owed by an individual whose annualized wage level (determined by taking
into consideration information from the National Directory of New Hires)
exceeds $16,000; and
`(ii) after removal of personal identifiers, to conduct analyses of
student loan defaults.
`(E) DISCLOSURE OF INFORMATION BY THE SECRETARY OF EDUCATION-
`(i) DISCLOSURES PERMITTED- The Secretary of Education may disclose
information resulting from a data match pursuant to this paragraph only
to--
`(I) a guaranty agency holding a loan made under part B of title IV
of the Higher Education Act of 1965 on which the individual is obligated;
`(II) a contractor or agent of the guaranty agency described in subclause
(I);
`(III) a contractor or agent of the Secretary; and
`(IV) the Attorney General.
`(ii) PURPOSE OF DISCLOSURE- The Secretary of Education may make a
disclosure under clause (i) only for the purpose of collection of the debts
owed on defaulted student loans, or overpayments of grants, made under
title IV of the Higher Education Act of 1965.
`(iii) RESTRICTION ON REDISCLOSURE- An entity to which information
is disclosed under clause (i) may use or disclose such information only
as needed for the purpose of collecting on defaulted student loans, or
overpayments of grants, made under title IV of the Higher Education Act
of 1965.
`(F) REIMBURSEMENT OF HHS COSTS- The Secretary of Education shall reimburse
the Secretary, in accordance with subsection (k)(3), for the additional
costs incurred by the Secretary in furnishing the information requested
under this subparagraph.'.
(b) PENALTIES FOR MISUSE OF INFORMATION- Section 402(a) of the Child
Support Performance and Incentive Act of 1998 (112 Stat. 669) is amended
in the matter added by paragraph (2) by inserting `or any other person'
after `officer or employee of the United States'.
(c) EFFECTIVE DATE- The amendments made by this section shall become
effective October 1, 1999.
SEC. 502. ELIMINATION OF SET-ASIDE OF PORTION OF WELFARE-TO-WORK FUNDS
FOR SUCCESSFUL PERFORMANCE BONUS.
(a) IN GENERAL- Section 403(a)(5) of the Social Security Act (42 U.S.C.
603(a)(5)) is amended by striking subparagraph (E) and redesignating subparagraphs
(F) through (K) (as added by section 305(a)(2) of this Act) as subparagraphs
(E) through (J), respectively.
(b) CONFORMING AMENDMENTS-
(1) Section 403(a)(5)(A)(i) of such Act (42 U.S.C. 603(a)(5)(A)(i))
is amended by striking `subparagraph (I)' and inserting `subparagraph (H)'.
(2) Subclause (I) of each of subparagraphs (A)(iv) and (B)(v) of section
403(a)(5) of such Act (42 U.S.C. 603(a)(5)(A)(iv)(I) and (B)(v)(I)) is
amended--
(i) by striking `(I)' and inserting `(H)'; and
(ii) by striking `(G), and (H)' and inserting `and (G)'; and
(B) in item (bb), by striking `(F)' and inserting `(E)'.
(3) Section 403(a)(5)(B)(v) of such Act (42 U.S.C. 603(a)(5)(B)) is
amended in the matter preceding subclause (I) by striking `(I)' and inserting
`(H)'.
(4) Subparagraphs (E) and (F) of section 403(a)(5) of such Act (42
U.S.C. 603(a)(5)(F) and (G)), as so redesignated by subsection (a) of this
section, are each amended by striking `(I)' and inserting `(H)'.
(5) Section 412(a)(3)(A) of such Act (42 U.S.C. 612(a)(3)(A)) is amended
by striking `403(a)(5)(I)' and inserting `403(a)(5)(H)'.
(c) FUNDING AMENDMENT- Section 403(a)(5)(H)(i) of such Act (42 U.S.C.
603(a)(5)(H)(i)), as so redesignated by subsection (a) of this section,
is amended by striking `$1,500,000,000' and all that follows and inserting
`for grants under this paragraph--
`(I) $1,500,000,000 for fiscal year 1998; and
`(II) $1,400,000,000 for fiscal year 1999.'.
TITLE VI--MISCELLANEOUS
SEC. 601. CHANGE DATES FOR EVALUATION.
(a) IN GENERAL- Section 403(a)(5)(G)(iii) of the Social Security Act
(42 U.S.C. 603(a)(5)(G)(iii)), as so redesignated by section 502(a) of
this Act, is amended by striking `2001' and inserting `2005'.
(b) INTERIM REPORT REQUIRED- Section 403(a)(5)(G) of such Act (42 U.S.C.
603(a)(5)(G)), as so redesignated, is amended by adding at the end the
following:
`(iv) INTERIM REPORT- Not later than January 1, 2002, the Secretary
shall submit to the Congress a interim report on the evaluations referred
to in clause (i).'.
SEC. 602. REPORT ON UNDISTRIBUTED CHILD SUPPORT PAYMENTS.
Not later than 6 months after the date of the enactment of this Act,
the Secretary of Health and Human Services shall submit to the Committee
on Ways and Means of the House of Representatives and the Committee on
Finance of the Senate a report on the procedures that the States use generally
to locate custodial parents for whom child support has been collected but
not yet distributed due to a change in address. The report shall include
an estimate of the total amount of such undistributed child support and
the average length of time it takes for such child support to be distributed.
The Secretary shall include in the report recommendations as to whether
additional procedures should be established at the State or Federal level
to expedite the payment of undistributed child support.
SEC. 603. SENSE OF THE CONGRESS.
It is the sense of the Congress that the States may use funds provided
under the program of block grants for temporary assistance for needy families
under part A of title IV of the Social Security Act to promote fatherhood
activities of the type described in section 403A of such Act, as added
by this Act.
SEC. 604. ADDITIONAL FUNDING FOR WELFARE EVALUATION STUDY.
Section 414(b) of the Social Security Act (42 U.S.C. 614(b)) is amended
by striking `appropriated $10,000,000' and all that follows and inserting
`appropriated--
`(1) $10,000,000 for each of fiscal years 1996 through 1999;
`(2) $12,300,000 for fiscal year 2000;
`(3) $17,500,000 for fiscal year 2001;
`(4) $15,500,000 for fiscal year 2002; and
`(5) $4,000,000 for fiscal year 2003.'.
SEC. 605. TRAINING IN CHILD ABUSE AND NEGLECT PROCEEDINGS.
(a) IN GENERAL--Section 474(a)(3) of the Social Security Act (42 U.S.C.
674(a)(3)) is amended--
(1) by redesignating subparagraphs (C), (D), and (E) as subparagraphs
(D), (E), and (F), respectively; and
(2) by inserting after subparagraph (B) the following:
`(C) 75 percent of so much of such expenditures as are for the short-term
training (including cross-training with personnel employed by, or under
contract with, the State or local agency administering the plan in the
political subdivision, training on topics relevant to the legal representation
of clients in proceedings conducted by or under the supervision of an abuse
and neglect court, and training on related topics such as child development
and the importance of achieving safety, permanency, and well-being for
a child) of judges, judicial personnel, law enforcement personnel, agency
attorneys, attorneys representing a parent in proceedings conducted by,
or under the supervision of, an abuse and neglect court, attorneys representing
a child in such proceedings, guardians ad litem, and volunteers who participate
in court-appointed special advocate programs, to the extent the training
is related to the court's role in expediting adoption procedures, implementing
reasonable efforts, and providing for timely permanency planning and case
reviews, except that any such training shall be offered by the State or
local agency administering the plan, either directly or through contract,
in collaboration with the appropriate judicial governing body operating
in the State,'.
(b) DEFINITIONS- Section 475 of such Act (42 U.S.C. 675) is amended
by adding at the end the following:
`(8) The term `abuse and neglect courts' means the State and local
courts that carry out State or local laws requiring proceedings (conducted
by or under the supervision of the courts)--
`(A) that implement part B or this part, including preliminary disposition
of such proceedings;
`(B) that determine whether a child was abused or neglected;
`(C) that determine the advisability or appropriateness of placement
in a family foster home, group home, or a special residential care facility;
or
`(D) that determine any other legal disposition of a child in the abuse
and neglect court system.
`(9) The term `agency attorney' means an attorney or other individual,
including any government attorney, district attorney, attorney general,
State attorney, county attorney, city solicitor or attorney, corporation
counsel, or privately retained special prosecutor, who represents the State
or local agency administrating the programs under part B and this part
in a proceeding conducted by, or under the supervision of, an abuse and
neglect court, including a proceeding for termination of parental rights.
`(10) The term `attorney representing a child' means an attorney or
a guardian ad litem who represents a child in a proceeding conducted by,
or under the supervision of, an abuse and neglect court.
`(11) The term `attorney representing a parent' means an attorney who
represents a parent who is an official party to a proceeding conducted
by, or under the supervision of, an abuse and neglect court.'.
(c) CONFORMING AMENDMENTS--
(1) Section 473(a)(6)(B) of such Act (42 U.S.C. 673(a)(6)(B)) is amended
by striking `474(a)(3)(E)' and inserting `474(a)(3)(F)'.
(2) Section 474(a)(3)(E) of such Act (42 U.S.C. 674(a)(3)(E)) (as so
redesignated by subsection (a)(1) of this section) is amended by striking
`subparagraph (C)' and inserting `subparagraph (D)'.
(3) Section 474(c) of such Act (42 U.S.C. 674(c)) is amended by striking
`subsection (a)(3)(C)' and inserting `subsection (a)(3)(D)'.
(d) SUNSET- Effective on October 1, 2004--
(1) section 474(a)(3) of the Social Security Act (42 U.S.C. 674(a)(3))
is amended by striking subparagraph (C) and redesignating subparagraphs
(D), (E), and (F) as subparagraphs (C), (D), and (E), respectively;
(2) section 475 of such Act (42 U.S.C. 675) is amended by striking
paragraphs (8) through (11);
(3) section 473(a)(6)(B) of such Act (42 U.S.C. 673(a)(6)(B)) is amended
by striking `474(a)(3)(F)' and inserting `474(a)(3)(E)'.
(4) section 474(a)(3)(E) of such Act (42 U.S.C. 674(a)(3)(E)) (as so
redesignated by subsection (a)(1) of this section) is amended by striking
`subparagraph (D)' and inserting `subparagraph (C)'; and
(5) section 474(c) of such Act (42 U.S.C. 674(c)) is amended by striking
`subsection (a)(3)(D)' and inserting `subsection (a)(3)(C)'.
SEC. 606. USE OF NEW HIRE INFORMATION TO ASSIST IN ADMINISTRATION OF UNEMPLOYMENT
COMPENSATION PROGRAMS.
(a) IN GENERAL- Section 453(j) of the Social Security Act (42 U.S.C.
653(j)), as amended by section 501(a) of this Act, is further amended by
adding at the end the following:
`(7) INFORMATION COMPARISONS AND DISCLOSURE TO ASSIST IN ADMINISTRATION
OF UNEMPLOYMENT COMPENSATION PROGRAMS-
`(A) IN GENERAL- If a State agency responsible for the administration
of an unemployment compensation program under Federal or State law transmits
to the Secretary the name and social security account number of an individual,
the Secretary shall, if the information in the National Directory of New
Hires indicates that the individual may be employed, disclose to the State
agency the name and address of any putative employer of the individual,
subject to this paragraph.
`(B) CONDITION ON DISCLOSURE- The Secretary shall make a disclosure
under subparagraph (A) only to the extent that the Secretary determines
that the disclosure would not interfere with the effective operation of
the program under this part.
`(C) USE OF INFORMATION- A State agency may use information provided
under this paragraph only for purposes of administering a program referred
to in subparagraph (A).'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) shall take
effect on October 1, 1999.
SEC. 607. IMMIGRATION PROVISIONS.
(a) NONIMMIGRANT ALIENS INELIGIBLE TO RECEIVE VISAS AND EXCLUDED FROM
ADMISSION FOR NONPAYMENT OF CHILD SUPPORT-
(1) IN GENERAL- Section 212(a)(10) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(10)) is amended by adding at the end the following:
`(F) NONPAYMENT OF CHILD SUPPORT-
`(i) IN GENERAL- Any nonimmigrant alien is inadmissible who is legally
obligated under a judgment, decree, or order to pay child support (as defined
in section 459(i) of the Social Security Act), and whose failure to pay
such child support has resulted in an arrearage exceeding $5,000, until
child support payments under the judgment, decree, or order are satisfied
or the nonimmigrant alien is in compliance with an approved payment agreement.
`(ii) WAIVER AUTHORIZED- The Attorney General may waive the application
of clause (i) in the case of an alien, if the Attorney General--
`(I) has received a request for the waiver from the court or administrative
agency having jurisdiction over the judgment, decree, or order obligating
the alien to pay child support that is referred to in such clause; or
`(II) determines that there are prevailing humanitarian or public interest
concerns.'.
(2) EFFECTIVE DATE- The amendment made by this subsection shall take
effect 180 days after the date of the enactment of this Act.
(b) AUTHORIZATION TO SERVE LEGAL PROCESS IN CHILD SUPPORT CASES ON
CERTAIN ARRIVING ALIENS-
(1) IN GENERAL- Section 235(d) of the Immigration and Nationality Act
(8 U.S.C. 1225(d)) is amended by adding at the end the following:
`(5) AUTHORITY TO SERVE PROCESS IN CHILD SUPPORT CASES-
`(A) IN GENERAL- To the extent consistent with State law, immigration
officers are authorized to serve on any alien who is an applicant for admission
to the United States legal process with respect to any action to enforce
or establish a legal obligation of an individual to pay child support (as
defined in section 459(i) of the Social Security Act).
`(B) DEFINITION- For purposes of subparagraph (A), the term `legal
process' means any writ, order, summons or other similar process, which
is issued by--
`(i) a court or an administrative agency of competent jurisdiction
in any State, territory, or possession of the United States; or
`(ii) an authorized official pursuant to an order of such a court or
agency or pursuant to State or local law.'.
(2) EFFECTIVE DATE- The amendment made by this subsection shall apply
to aliens applying for admission to the United States on or after 180 days
after the date of the enactment of this Act.
(c) AUTHORIZATION TO SHARE CHILD SUPPORT ENFORCEMENT INFORMATION TO
ENFORCE IMMIGRATION AND NATURALIZATION LAW-
(1) SECRETARIAL RESPONSIBILITY- Section 452 of the Social Security
Act (42 U.S.C. 652) is amended by adding at the end the following:
`(m) If the Secretary receives a certification by a State agency, in
accordance with section 454(32), that an individual who is a nonimmigrant
alien (as defined in section 101(a)(15) of the Immigration and Nationality
Act) owes arrearages of child support in an amount exceeding $5,000, the
Secretary may, at the request of the State agency, the Secretary of State,
or the Attorney General, or on the Secretary's own initiative, provide
such certification to the Secretary of State and the Attorney General information
in order to enable them to carry out their responsibilities under sections
212(a)(10) and 235(d) of such Act.'.
(2) STATE AGENCY RESPONSIBILITY- Section 454 of the Social Security
Act (42 U.S.C. 654) is amended--
(A) by striking `and' at the end of paragraph (32);
(B) by striking the period at the end of paragraph (33) and inserting
`; and'; and
(C) by inserting after paragraph (33) the following:
`(34) provide that the State agency will have in effect a procedure
for certifying to the Secretary, in such format and accompained by such
supporting documentation as the Secretary may require, determinations for
purposes of section 452(m) that nonimmigrant aliens owe arrearages of child
support in an amount exceeding $5,000.'.
Passed the House of Representatives November 10, 1999.
Attest:
JEFF TRANDAHL,
Clerk.
END
HOME