104th Congress H. R. 999 As Introduced in the House Note: This document is the unofficial version of a Bill or Resolution. The printed Bill and Resolution produced by the Government Printing Office is the only official version. VERSION As Introduced in the House CONGRESS 104th CONGRESS 1st Session BILL H. R. 999 TITLE To establish a single, consolidated source of Federal child care funding; to establish a program to provide block grants to States to provide nutrition assistance to economically disadvantaged individuals and families and to establish a program to provide block grants to States to provide school-based food services to students; to restrict alien eligibility for certain education, training, and other programs; and for other purposes. -------------------- IN THE HOUSE OF REPRESENTATIVES FEBRUARY 21, 1995 Mr. Goodling introduced the following bill; which was referred to the Committee on Economic and Educational Opportunities and, in addition, to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned -------------------- TEXT A BILL To establish a single, consolidated source of Federal child care funding; to establish a program to provide block grants to States to provide nutrition assistance to economically disadvantaged individuals and families and to establish a program to provide block grants to States to provide school-based food services to students; to restrict alien eligibility for certain education, training, and other programs; and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Welfare Reform Consolidation Act of 1995`. 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 - CHILD CARE BLOCK GRANTS Sec. 101. Amendments to the Child Care and Development Block Grant Act of 1990. Sec. 102. Repeal of child care assistance authorized by Acts other than the Social Security Act. Sec. 103. Repeal of certain child care programs authorized under the Social Security Act. TITLE II - FAMILY AND SCHOOL-BASED NUTRITION BLOCK GRANTS SUBTITLE A - GENERAL PROVISIONS Sec. 201. Definitions. SUBTITLE B - FAMILY NUTRITION BLOCK GRANT PROGRAM Sec. 221. Authorization. Sec. 222. Allotment. Sec. 223. Application. Sec. 224. Use of amounts. Sec. 225. Reports. Sec. 226. Penalties. Sec. 227. Authorization of appropriations. SUBTITLE C - SCHOOL-BASED NUTRITION BLOCK GRANT PROGRAM Sec. 251. Authorization. Sec. 252. Allotment. Sec. 253. Application. Sec. 254. Use of amounts. Sec. 255. Reports. Sec. 256. Penalties. Sec. 257. Waiver of State law prohibiting assistance to children enrolled in private elementary and secondary schools. SUBTITLE D - MISCELLANEOUS PROVISIONS Sec. 291. Repealers. TITLE III - RESTRICTING ALIEN ELIGIBILITY FOR CERTAIN EDUCATION, TRAINING, AND OTHER PROGRAMS Sec. 301. Restrictions on eligibility of aliens for certain programs. TITLE IV - OTHER REPEALERS AND CONFORMING AMENDMENTS Sec. 401. Repeal of the job opportunities and basic skills training program. Sec. 402. Amendments to laws relating to child protection block grant. TITLE V - GENERAL EFFECTIVE DATE. Sec. 501. Effective date. Sec. 502. Application of amendments and repealers. TITLE I - CHILD CARE BLOCK GRANTS SEC. 101. AMENDMENTS TO THE CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT OF 1990. (a) Goals . - Section 658A of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9801 note) is amended - (1) in the heading of such section by inserting `AND GOALS ` after `TITLE `, (2) by inserting `(a) Short Title . - ` before `This`, and (3) by adding at the end the following: `(b) Goals . - The goals of this subchapter are - `(1) to allow each State maximum flexibility in developing child care programs and policies that best suit the needs of children and parents within such State; `(2) to promote parental choice to empower working parents to make their own decisions on the child care that best suits their family`s needs; `(3) to encourage States to provide consumer education information to help parents make informed choices about child care; `(4) to assist States to provide child care to parents trying to achieve independence from public assistance; and `(5) to assist States in implementing the health, safety, licensing, and registration standards established in State regulations.`. (b) Authorization of Appropriations . - Section 658B of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858) is amended to read as follows: `SEC. 658B. AUTHORIZATION OF APPROPRIATIONS. `There is authorized to be appropriated to carry out this subchapter $1,943,000,000 for each of the fiscal years 1996, 1997, 1998, 1999, and 2000.`. (c) Lead Entity . - Section 658D of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858b) is amended - (1) in the heading of such section by striking `AGENCY ` inserting `ENTITY `, (2) in subsection (a) by inserting `or other entity` after `State agency`, and (3) by striking `lead agency` each place it appears and inserting `lead entity`. (d) Application and Plan . - Section 658E of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858c) is amended - (1) in subsection (b) - (A) by striking `implemented - ` and all that follows through `(2)` and inserting `implemented`, and (B) by striking `for subsequent State plans`, (2) in subsection (c) - (A) in paragraph (1) - (i) in the heading of such paragraph by striking `agency ` and inserting `entity `, and (ii) by striking `agency` and inserting `entity`, (B) in paragraph (2) - (i) in subparagraph (A) - (I) in clause (i) by striking `, other than through assistance provided under paragraph (3)(C),` and (II) by striking `except` and all that follows through `1992`, and inserting `and provide a detailed description of the procedures the State will implement to carry out the requirements of this subparagraph`, (ii) in subparagraph (B) - (I) by striking `Provide assurances` and inserting `Certify`, and (II) by inserting before the period at the end `and provide a detailed description of such procedures`, (iii) in subparagraph (C) - (I) by striking `Provide assurances` and inserting `Certify`, and (II) by inserting before the period at the end `and provide a detailed description of how such record is maintained and is made available`, and (iv) by amending subparagraph (D) to read as follows: `(D) Consumer education information . - Provide assurances that the State will collect and disseminate to parents of eligible children and the general public, consumer education information that will promote informed child care choices.`, (v) in subparagraph (E) - (I) by striking `Provide assurances` and inserting `Certify`, (II) in clause (i) by inserting `health, safety, and` after `comply with all`, (III) in clause (i) by striking `; and` at the end, (IV) by striking `that - ` and all that follows through `(i)`, and inserting `that`, and (V) by striking `(ii)` and all that follows through the end of such subparagraph, and inserting `and provide a detailed description of such requirements and of how such requirements are effectively enforced.`, and (vi) by striking subparagraphs (F), (G), (H), (I), and (J), (C) in paragraph (3) - (i) in subparagraph (A) by inserting `or as authorized by section 658T` before the period at the end, (ii) in subparagraph (B) - (I) by striking `. - Subject to the reservation contained in subparagraph (C), the` and inserting `and related activities . - The`, (II) by inserting `, other than amounts transferred under section 658T,` after `subchapter`, (III) in clause (i) by striking `; and` at the end and inserting a period, (IV) by striking `for - ` and all that follows through `section 658E(e)(2)(A)` and inserting `for child care services, activities that improve the quality or availability of such services, and any other activity that the State deems appropriate to realize any of the goals specified in paragraphs (2) through (5) of section 658A(b)`, and (V) by striking clause (ii), and (iii) by amending subparagraph (C) to read as follows: `(C) Limitation on administrative costs . - Not more than 5 percent of the aggregate amount of payments received under this subchapter by a State in each fiscal year may be expended for administrative costs incurred by such State to carry out all its functions and duties under this subchapter.`, (D) in paragraph (4) - (i) by striking `provide assurances` and inserting `certify`, (ii) in the first sentence by inserting `and shall provide a summary of the facts relied on by the State to determine that such rates are sufficient to ensure such access`, and (iii) by striking the last sentence, and (E) by striking paragraph (5). (e) Limitations on State Allotments - Section 658F(b)(2) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858d(b)(2)) is amended by striking `referred to in section 658E(e)(2)(F)`. (f) Repeal of Earmarked Required Expenditures . - The Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9801 note) is amended by striking sections 658G and 658H. (g) Administration and Enforcement . - Section 658I(a) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858g(a)) is amended - (1) in paragraph (1) by inserting `and` at the end, (2) by striking paragraph (2), and (3) by redesignating paragraph (3) as paragraph (2). (h) Payments . - Section 658J(c) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858h(c)) is amended - (1) by striking `expended` and inserting `obligated`, and (2) by striking `3 fiscal years` and inserting `fiscal year`. (i) Annual Report and Audits . - Section 658K of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858i) is amended - (1) in the heading of such section by inserting `, EVALUATION PLANS, ` after `REPORTS `, (2) in subsection (a) - (A) by striking `, 1992` and inserting `following the end of the first fiscal year with respect to which the amendments made by the Welfare Reform Consolidation Act of 1995 apply`, (B) by amending paragraph (2) to read as follows: `(2) containing data on the manner in which the child care needs of families in the State are being fulfilled, including information concerning - `(A) the number and ages of children being assisted with funds provided under this subchapter; `(B) with respect to the families of such children - `(i) the number of other children in such families; `(ii) the number of such families that include only 1 parent; `(iii) the number of such families that include both parents; `(iv) the ages of the mothers of such children; `(v) the ages of the fathers of such children; `(vi) the sources of the economic resources of such families, including the amount of such resources obtained from (and separately identified as being from) - `(I) employment, including self-employment; `(II) assistance received under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.); `(III) part B of title IV of the Social Security Act (42 U.S.C. 620 et seq.); `(IV) subtitle B or C of title II of the Welfare Reform Consolidation Act of 1995; `(V) assistance received under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.); `(VI) assistance received under title XIV of the Social Security Act (42 U.S.C. 1351 et seq.); `(VII) assistance received under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.); `(VIII) assistance received under title XX of the Social Security Act (42 U.S.C. 1397 et seq.); and `(IX) any other source of economic resources the Secretary determines to be appropriate; `(C) the number of such providers separately identified with respect to each type of child care provider specified in section 658P(5) that provided child care services obtained with assistance provided under this subchapter; `(D) with respect to cost of such services - `(i) the cost imposed by such providers to provide such services; and `(ii) the portion of such cost paid with assistance provided under this subchapter; `(E) with respect to consumer education information described in section 658E(c)(2)(D) provided by such State - `(i) the manner in which such information was provided; and `(ii) the number of parents to whom such information was provided; and `(F) with respect to complaints received by such State regarding child care services obtained with assistance provided under this subchapter - `(i) the number of such complaints that were found to have merit; and `(ii) a description of the actions taken by the State to correct the circumstances on which such complaints were based.`, (C) by striking paragraphs (3), (4), (5), and (6) and inserting the following: `(3) containing evidence demonstrating that the State satisfied the requirements of section 658E(c)(2)(F); and `(4) identifying each State program operated under a provision of law specified in section 658T to which the State transferred funds under the authority of such section, specifying the amount of funds so transferred to such program, and containing a justification for so transferring such amount;`, and (3) in subsection (b) - (A) in paragraph (1) by striking `a application` and inserting `an application`, (B) in paragraph (2) by striking `any agency administering activities that receive` and inserting `the State that receives`, and (C) in paragraph (4) by striking `entitles` and inserting `entitled`, and (4) by redesignating subsection (b) as subsection (c), and (5) by inserting after subsection (a) the following: `(b) State Evaluation Plan and Evaluation Results . - `(1) Evaluation plan . - In the first report submitted under subsection (a) after the date of the enactment of the Welfare Reform Consolidation Act of 1995, and in the report for each alternating 1-year period thereafter, the State shall include a plan the State intends to carry out in the 1-year period subsequent to the period for which such report is submitted, to evaluate the extent to which the State has realized each of the goals specified in paragraphs (2) through (5) of section 658A(b). The State shall include in such plan a description of the types of data and other information the State will collect to determine whether the State has realized such goals. `(2) Evaluation results . - In the second report submitted under subsection (a) after the date of the enactment of the Welfare Reform Consolidation Act of 1995, and in the report for each alternating 1-year period thereafter, the State shall include a summary of the results of an evaluation carried out under the evaluation plan contained in the report submitted under subsection (a) for the preceding 1-year period.`. (j) Report by Secretary . - Section 658L of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858j) is amended - (1) by striking `, 1993, and annually` and inserting `following the end of the second fiscal year with respect to which the amendments made by the Welfare Reform Consolidation Act of 1995 apply, and biennially`, (2) by striking `Committee on Education and Labor` and inserting `Speaker`, (3) by striking `Committee on Labor and Human Resources` and inserting `President pro tempore`, and (4) by striking the last sentence. (k) Reallotments . - Section 658O of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858m) is amended - (1) in subsection (a)(1) - (A) by striking `Possessions ` and inserting `possessions `, (B) by inserting `and` after `States,`, and (C) by striking `, and the Trust Territory of the Pacific Islands`, (2) by amending subsection (b) to read as follows: `(b) State Allotment . - From the amount appropriated under section 658B for each fiscal year remaining after reservations under subsection (a), the Secretary shall allot to each State (excluding Guam, American Samoa, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands) an amount that bears the same ratio to the amount so appropriated for such fiscal year as the aggregate of the amounts received by the State under - `(1) this subchapter for fiscal year 1994; `(2) section 403 of the Social Security Act, with respect to expenditures by the State for child care under section 402(g)(1) of such Act during fiscal year 1994; and `(3) section 403(n) of the Social Security Act for fiscal year 1994; bears to the aggregate of the amounts received by all the States (excluding Guam, American Samoa, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands) under paragraphs (1), (2), and (3).`, (3) in subsection (c) - (A) in paragraph (2)(A) by striking `agency` and inserting `entity`, and (B) in paragraph (5) by striking `our` and inserting `out`, (4) by striking subsection (e), and (5) by redesignating subsection (f) as subsection (e). (l) Definitions . - Section 658P of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n) is amended - (1) in paragraph (5) - (A) in clause (i) by striking `and` at the end and inserting `or`, (B) by striking `that - ` and all that follows through `(i)`, and inserting `that`, and (C) by stiking clause (ii), (2) by amending paragraph (8) to read as follows: `(8) Lead entity . - The term `lead entity` means the State agency or other entity designated under section 658B(a).`, (3) by striking paragraphs (3), (10), and (12), (4) by inserting after paragraph (2) the following: `(3) Child care services . - The term `child care services` means services that constitute physical care of a child and may include services that are designed to enhance the educational, social, cultural, emotional, and recreational development of a child but that are not intended to serve as a substitute for compulsory educational services.`, (5) in paragraph (13) - (A) by inserting `or` after `Samoa,`, and (B) by striking `, and the Trust Territory of the Pacific Islands`, and (6) by redesignating paragraphs (11), (13), and (14) as paragraphs (10), (11), and (12), respectively. (m) Authority to Transfer Funds . - The Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.) is amended by inserting after section 658S the following: `SEC. 658T. TRANSFER OF FUNDS. `(a) Authority . - Of the aggregate amount of payments received under this subchapter by a State in each fiscal year, the State may transfer not more than 20 percent for use by the State to carry out State programs under 1 or more of the following provisions of law: `(1) part A of title IV of the Social Security Act; `(2) part B of title IV of the Social Security Act; `(3) subtitle B or C of title II of the Welfare Reform Consolidation Act of 1995; and `(4) title XX of the Social Security Act (42 U.S.C. 1397 et seq.). `(b) Requirements Applicable to Funds Transferred . - Funds transferred under subsection (a) to carry out a State program operated under a provision of law specified in such subsection shall not be subject to the requirements of this subchapter, but shall be subject to the same requirements that apply to Federal funds provided directly under such provision of law to carry out such program.`. SEC. 102. REPEAL OF CHILD CARE ASSISTANCE AUTHORIZED BY ACTS OTHER THAN THE SOCIAL SECURITY ACT. (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, as amended by Public Law 103-382 (108 Stat. 3809 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 (Public Law 103-382; 108 Stat. 3794) is repealed. SEC. 103. REPEAL OF CERTAIN CHILD CARE PROGRAMS AUTHORIZED UNDER THE SOCIAL SECURITY ACT. (a) AFDC and Transitional Child Care Programs . - Section 402 of the Social Security Act (42 U.S.C. 602) is amended by striking subsection (g). (b) At-Risk Child Care Program . - (1) Authorization. - Section 402 of such Act (42 U.S.C. 602) is amended by striking subsection (i). (2) Funding provisions. - Section 403 of such Act (42 U.S.C. 603) is amended by striking subsection (n). TITLE II - FAMILY AND SCHOOL-BASED NUTRITION BLOCK GRANTS SUBTITLE A - GENERAL PROVISIONS SEC. 201. DEFINITIONS. For purposes of this title: (1) Breastfeeding women . - The term `breastfeeding women` means women up to 1 year postpartum who are breastfeeding their infants. (2) Economically disadvantaged . - The term `economically disadvantaged` means an individual or a family, as the case may be, whose annual income does not exceed 185 percent of the applicable family size income levels contained in the most recent income poverty guidelines prescribed by the Office of Management and Budget and based on data from the Bureau of the Census. (3) Infants . - The term `infants` means individuals under 1 year of age. (4) Postpartum women . - The term `postpartum women` means women who are in the 180-day period beginning on the termination of pregnancy. (5) Pregnant women . - The term `pregnant women`means women who have 1 or more fetuses in utero. (6) School . - The term `school` means an elementary, intermediate, or secondary school. (7) Secretary . - The term `Secretary` means the Secretary of Agriculture. (8) State . - The term `State` means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands of the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or a tribal organization that exercises governmental jurisdiction over a geographically defined area. (9) Tribal organization . - The term `tribal organization` has the meaning given it in section 4(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(l)). (10) Young children . - The term `young children` means individuals who have attained the age of 1 but have not attained the age of 5. SUBTITLE B - FAMILY NUTRITION BLOCK GRANT PROGRAM SEC. 221. AUTHORIZATION. (a) In General . - In the case of each State that in accordance with section 223 submits to the Secretary of Agriculture an application for a fiscal year, the Secretary shall provide a grant for the year to the State for the purpose of achieving the goals described in subsection (b). The grant shall consist of the allotment determined for the State under section 222. (b) Goals . - The goals of this subtitle are - (1) to provide nutritional risk assessment, food assistance based on such risk assessment, and nutrition education and counseling to economically disadvantaged pregnant women, postpartum women, breastfeeding women, infants, and young children who are determined to be at nutritional risk; (2) to provide nutritional risk assessments of such women in order to provide food assistance and nutrition education which meets their specific needs; (3) to provide nutrition education to such women in order to increase their awareness of the types of foods which should be consumed to maintain good health; (4) to provide food assistance, including nutritious meal supplements, to such women in order to reduce incidences of low-birthweight babies and babies born with birth defects as a result of nutritional deficiencies; (5) to provide food assistance, including nutritious meal supplements, to such women, infants, and young children in order to ensure their future good health; (6) to ensure that such women are referred to other health services when necessary; (7) to ensure that children from economically disadvantaged families in day care facilities, family day care homes, homeless shelters, settlement houses, recreational centers, Head Start centers, Even Start programs and child care facilities for children with disabilities receive nutritious meals, supplements, and low-cost milk; and (8) to provide summer food service programs to meet the nutritional needs of children from economically disadvantaged families during months when school is not in session. (c) Timing of Payments. - The Secretary shall provide payments under a grant under this subtitle to States on a quarterly basis. SEC. 222. ALLOTMENT. The Secretary shall allot the amount appropriated to carry out this subtitle for a fiscal year among the States as follows: (1) First fiscal year . - (A) In general . - With respect to the first fiscal year for which the Secretary provides grants to States under this subtitle, the amount allotted to each State shall bear the same proportion to such remainder as the aggregate of the amounts described in subparagraph (B) that were received by each such State under the provisions of law described in such subparagraph (as such provisions of law were in effect on the day before the date of the enactment of this Act) for the preceding fiscal year bears to the aggregate of the amounts described in subparagraph (B) that were received by all such States under such provisions of law for such preceding fiscal year. (B) Amounts described . - The amounts described in this subparagraph are the following: (i) The amount received under the special supplemental nutrition program for women, infants, and children under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786). (ii) The amount received under the homeless children nutrition program established under section 17B of the National School Lunch Act (42 U.S.C. 1766b). (iii) 87.5 percent of the sum of the amounts received under the following programs: (I) The child and adult care food program under section 17 of the National School Lunch Act (42 U.S.C. 1766), except for subsection (o) of such section. (II) The summer food service program for children established under section 13 of the National School Lunch Act (42 U.S.C. 1761). (III) The special milk program established under section 3 of the Child Nutrition Act of 1966 (42 U.S.C. 1772). (2) Second fiscal year . - With respect to the second fiscal year for which the Secretary provides grants to States under this subtitle - (A) 90 percent of such remainder shall be allotted among the States by allotting to each State an amount that bears the same proportion to such remainder as the amount allotted to each such State from a grant under this subtitle for the preceding fiscal year bears to the aggregate of the amounts allotted to all such States from grants under this subtitle for such preceding fiscal year; and (B) 10 percent of such remainder shall be allotted among the States by allotting to each State an amount that bears the same proportion to such remainder as the relative number of individuals receiving assistance during the 1-year period ending on June 30 of the preceding fiscal year in such State from amounts received from a grant under this subtitle for such preceding fiscal year bears to the total number of individuals receiving assistance in all States from amounts received from grants under this subtitle for the preceding fiscal year. (3) Third fiscal year . - With respect to the third fiscal year for which the Secretary provides grants to States under this subtitle - (A) 80 percent of such remainder shall be allotted among the States by allotting to each State an amount determined in accordance with the formula described in paragraph (2)(A); and (B) 20 percent of such remainder shall be allotted among the States by allotting to each State an amount determined in accordance with the formula described in paragraph (2)(B). (4) Fourth fiscal year . - With respect to the fourth fiscal year for which the Secretary provides grants to States under this subtitle - (A) 70 percent of such remainder shall be allotted among the States by allotting to each State an amount determined in accordance with the formula described in paragraph (2)(A); and (B) 30 percent of such remainder shall be allotted among the States by allotting to each State an amount determined in accordance with the formula described in paragraph (2)(B). (5) Fifth fiscal year . - With respect to the fifth fiscal year for which the Secretary provides grants to States under this subtitle - (A) 60 percent of such remainder shall be allotted among the States by allotting to each State an amount determined in accordance with the formula described in paragraph (2)(A); and (B) 40 percent of such remainder shall be allotted among the States by allotting to each State an amount determined in accordance with the formula described in paragraph (2)(B). SEC. 223. APPLICATION. The Secretary may provide a grant under this subtitle to a State for a fiscal year only if the State submits to the Secretary an application containing only - (1) an agreement that the State will use amounts received from such grant in accordance with section 224; (2) an agreement that the State will set minimum nutritional requirements for food assistance provided under this subtitle based on the most recent tested nutritional research available, except that - (A) such requirements shall not be construed to prohibit the substitution of foods to accommodate the medical or other special dietary needs of individual students; and (B) such requirements shall, at a minimum, be based on - (i) the weekly average of the nutrient content of school lunches; or (ii) such other standards as the State may prescribe; (3) an agreement that the State will take such reasonable steps as the State deems necessary to restrict the use and disclosure of information about individuals and families receiving assistance under this subtitle; (4) an agreement that the State will use not more than 5 percent of the amount of such grant for administrative costs incurred to provide assistance under this subtitle, except that costs associated with the nutritional risk assessment of individuals described in section 224(a)(1) and costs associated with nutrition education and counseling provided to such individuals shall not be considered to be administrative costs; and (5) an agreement that the State will submit to the Secretary a report in accordance with section 225. SEC. 224. USE OF AMOUNTS. (a) In General . - The Secretary may provide a grant under this subtitle to a State only if the State agrees that it will use all amounts received from such grant - (1) subject to subsection (b), to provide nutritional risk assessment, food assistance based on such risk assessment, and nutrition education and counseling to economically disadvantaged pregnant women, postpartum women, breastfeeding women, infants, and young children who are determined to be at nutritional risk; (2) to provide milk in nonprofit nursery schools, child care centers, settlement houses, summer camps, and similar institutions devoted to the care and training of children, to children from economically disadvantaged families; (3) to provide food service programs in institutions and family day care homes providing child care to children from economically disadvantaged families; (4) to provide summer food service programs carried out by nonprofit food authorities, local governments, nonprofit higher education institutions participating in the National Youth Sports Program, and residential nonprofit summer camps to children from economically disadvantaged families; and (5) to provide nutritious meals to pre-school age homeless children in shelters and other facilities serving the homeless population. (b) Additional Requirement . - The State shall ensure that not less than 80 percent of the amount of the grant is used to provide nutritional risk assessment, food assistance based on such nutritional risk assessment, and nutrition education and counseling to economically disadvantaged pregnant women, postpartum women, breastfeeding women, infants, and young children under subsection (a)(1). (c) Authority To Use Amounts for Other Purposes . - (1) In general. - A State may use not more than 20 percent of amounts received from a grant under this subtitle for a fiscal year to carry out a State program pursuant to any or all of the following provisions of law: (A) Part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.). (B) Part B of title IV of the Social Security Act (42 U.S.C. 620 et seq.). (C) Title XX of the Social Security Act (42 U.S.C. 1397 et seq.). (D) Subtitle C of this title. (E) The Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.). (2) Rules governing use of amounts for other purposes . - Amounts paid to the State under a grant under this subtitle that are used to carry out a State program pursuant to a provision of law specified in paragraph (1) shall not be subject to the requirements of this subtitle, but shall be subject to the same requirements that apply to Federal funds provided directly under the provision of law to carry out the program. SEC. 225. REPORTS. The Secretary may provide a grant under this subtitle to a State for a fiscal year only if the State agrees that it will submit, for such fiscal year, a report to the Secretary describing - (1) the number of individuals receiving assistance under the grant in accordance with each of paragraphs (1) through (5) of section 224; (2) the different types of assistance provided to such individuals in accordance with such paragraphs; (3) the extent to which such assistance was effective in achieving the goals described in section 221(b); (4) the standards and methods the State is using to ensure the nutritional quality of such assistance, including meals and supplements; (5) the number of low birthweight births in the State in such fiscal year compared to the number of such births in the State in the previous fiscal year; and (6) any other information the Secretary determines to be appropriate. SEC. 226. PENALTIES. (a) Penalty for Use of Amounts in Violation of This Subtitle . - (1) In general. - The Secretary shall reduce the amounts otherwise payable to a State under a grant under this subtitle by any amount paid to the State under this subtitle which an audit conducted pursuant to chapter 75 of title 31, United States Code, finds has been used in violation of this subtitle. (2) Limitation. - In carrying out paragraph (1), the Secretary shall not reduce any quarterly payment by more than 25 percent. (b) Penalty For Failure To Submit Required Report . - The Secretary shall reduce by 3 percent the amount otherwise payable to a State under a grant under this subtitle for a fiscal year if the Secretary determines that the State has not submitted the report required by section 225 for the immediately preceding fiscal year, within 6 months after the end of the immediately preceding fiscal year. SEC. 227. AUTHORIZATION OF APPROPRIATIONS. (a) In General . - There are authorized to be appropriated to carry out this subtitle $4,606,000,000 for fiscal year 1996, $4,777,000,000 for fiscal year 1997, $4,936,000,000 for fiscal year 1998, $5,120,000,000 for fiscal year 1999, and $5,308,000,000 for fiscal year 2000. (b) Availability . - Amounts authorized to be appropriated under subsection (a) are authorized to remain available until the end of the fiscal year subsequent to the fiscal year for which such amounts are appropriated. SUBTITLE C - SCHOOL-BASED NUTRITION BLOCK GRANT PROGRAM SEC. 251. AUTHORIZATION. (a) Entitlement . - (1) In general . - In the case of each State that in accordance with section 253 submits to the Secretary of Agriculture an application for a fiscal year, each such State shall be entitled to receive from the Secretary for such fiscal year a grant for the purpose of achieving the goals described in subsection (b). Subject to paragraph (2), the grant shall consist of the allotment for such State determined under section 252 of the school-based nutrition amount for the fiscal year. (2) Requirement to provide commodities . - 9 percent of the amount of the assistance available under this subtitle for each State shall be in the form of commodities. (3) School-based nutrition amount . - For purposes of this subtitle, the term `school-based nutrition amount` means $6,681,000,000 for fiscal year 1996, $6,956,000,000 for fiscal year 1997, $7,237,000,000 for fiscal year 1998, $7,538,000,000 for fiscal year 1999, and $7,849,000,000 for fiscal year 2000. (4) Availability . - Payments under a grant to a State from the allotment determined under section 252 for any fiscal year may be obligated by the State in that fiscal year or in the succeeding fiscal year. (b) Goals . - The goals of this subtitle are - (1) to safeguard the health and well-being of children through the provision of nutritious, well-balanced meals and food supplements; (2) to provide economically disadvantaged children access to nutritious free or low cost meals, food supplements, and low-cost milk; (3) to ensure that children served under this subtitle are receiving the nutrition they require to take advantage of the educational opportunities provided to them; (4) to emphasize foods which are naturally good sources of vitamins and minerals over foods which have been enriched with vitamins and minerals and are high in fat or sodium content; (5) to provide a comprehensive school nutrition program for children; and (6) to minimize paperwork burdens and administrative expenses for participating schools. (c) Timing of Payments. - The Secretary shall provide payments under a grant under this subtitle to States on a quarterly basis. SEC. 252. ALLOTMENT. The Secretary shall allot the amount appropriated to carry out this subtitle for a fiscal year among the States as follows: (1) First fiscal year . - (A) In general . - With respect to the first fiscal year for which the Secretary provides grants to States under this subtitle, the amount allotted to each State shall bear the same proportion to such remainder as the aggregate of the amounts described in subparagraph (B) that were received by each such State under the provisions of law described in such subparagraph (as such provisions of law were in effect on the day before the date of the enactment of this Act) for the preceding fiscal year bears to the aggregate of the amounts described in subparagraph (B) that were received by all such States under such provisions of law for such preceding fiscal year. (B) Amounts described . - The amounts described in this subparagraph are the following: (i) The amount received under the school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). (ii) The amount received under the school lunch program established under the National School Lunch Act (42 U.S.C. 1751 et seq.). (iii) 12.5 percent of the sum of the amounts received under the following programs: (I) The child and adult care food program under section 17 of the National School Lunch Act (42 U.S.C. 1766), except for subsection (o) of such section. (II) The summer food service program for children established under section 13 of the National School Lunch Act (42 U.S.C. 1761). (III) The special milk program established under section 3 of the Child Nutrition Act of 1966 (42 U.S.C. 1772). (2) Second fiscal year . - With respect to the second fiscal year for which the Secretary provides grants to States under this subtitle - (A) 90 percent of such remainder shall be allotted among the States by allotting to each State an amount that bears the same proportion to such remainder as the amount allotted to each such State from a grant under this subtitle for the preceding fiscal year bears to the aggregate of the amounts allotted to all such States from grants under this subtitle for such preceding fiscal year; and (B) 10 percent of such remainder shall be allotted among the States by allotting to each State an amount that bears the same proportion to such remainder as the relative number of meals served during the 1-year period ending on June 30 of the preceding fiscal year in a State from amounts received from a grant under this subtitle for such preceding fiscal year bears to the total number of meals served in all States from amounts received from grants under this subtitle for the preceding fiscal year. (3) Third fiscal year . - With respect to the third fiscal year for which the Secretary provides grants to States under this subtitle - (A) 80 percent of such remainder shall be allotted among the States by allotting to each State an amount determined in accordance with the formula described in paragraph (2)(A); and (B) 20 percent of such remainder shall be allotted among the States by allotting to each State an amount determined in accordance with the formula described in paragraph (2)(B). (4) Fourth fiscal year . - With respect to the fourth fiscal year for which the Secretary provides grants to States under this subtitle - (A) 70 percent of such remainder shall be allotted among the States by allotting to each State an amount determined in accordance with the formula described in paragraph (2)(A); and (B) 30 percent of such remainder shall be allotted among the States by allotting to each State an amount determined in accordance with the formula described in paragraph (2)(B). (5) Fifth fiscal year . - With respect to the fifth fiscal year for which the Secretary provides grants to States under this subtitle - (A) 60 percent of such remainder shall be allotted among the States by allotting to each State an amount determined in accordance with the formula described in paragraph (2)(A); and (B) 40 percent of such remainder shall be allotted among the States by allotting to each State an amount determined in accordance with the formula described in paragraph (2)(B). SEC. 253. APPLICATION. The Secretary may provide a grant under this subtitle to a State for a fiscal year only if the State submits to the Secretary an application containing only - (1) an agreement that the State will use amounts received from such grant in accordance with section 254; (2) an agreement that the State will set minimum nutritional requirements for meals provided under this subtitle based on the most recent tested nutritional research available, except that - (A) such requirements shall not be construed to prohibit the substitution of foods to accommodate the medical or other special dietary needs of individual students; and (B) such requirements shall, at a minimum, be based on - (i) the weekly average of the nutrient content of school lunches; or (ii) such other standards as the State may prescribe; (3) an agreement that the State will take such reasonable steps as the State deems necessary to restrict the use and disclosure of information about individuals and families receiving assistance under this subtitle; (4) an agreement that the State will use not more than 2 percent of the amount of such grant for administrative costs incurred to provide assistance under this subtitle; and (5) an agreement that the State will submit to the Secretary a report in accordance with section 255. SEC. 254. USE OF AMOUNTS. (a) In General . - The Secretary may provide a grant under this subtitle to a State only if the State agrees that it will use all amounts received from such grant to provide assistance to schools to establish and carry out nutritious food service programs that provide affordable meals and supplements to students, which may include - (1) nonprofit school breakfast programs; (2) nonprofit school lunch programs; (3) nonprofit before and after school supplement programs; (4) nonprofit low-cost milk services; and (5) nonprofit summer meals programs. (b) Additional Requirement . - In providing assistance to schools to establish and carry out nutritious food service programs in accordance with subsection (a), the State shall ensure that not less than 80 percent of the amount of the grant is used to provide free or low cost meals or supplements to economically disadvantaged children. (c) Authority To Use Amounts for Other Purposes . - (1) In general. - A State may use not more than 20 percent of amounts received from a grant under this subtitle for a fiscal year to carry out a State program pursuant to any or all of the following provisions of law: (A) Part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.). (B) Part B of title IV of the Social Security Act (42 U.S.C. 620 et seq.). (C) Title XX of the Social Security Act (42 U.S.C. 1397 et seq.). (D) Subtitle B of this title. (E) The Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.). (2) Rules governing use of amounts for other purposes . - Amounts paid to the State under a grant under this subtitle that are used to carry out a State program pursuant to a provision of law specified in paragraph (1) shall not be subject to the requirements of this subtitle, but shall be subject to the same requirements that apply to Federal funds provided directly under the provision of law to carry out the program. (d) Limitation on Provision of Commodities to Certain School Districts . - (1) In general . - A State may not require a school district described in paragraph (2), except upon the request of such school district, to accept commodities for use in the food service program of such school district in accordance with this section. Such schools may continue to receive commodity assistance in the form that they received such assistance as of January 1, 1987. (2) School district described . - A school district described in this paragraph is a school district that as of January 1, 1987, was receiving all cash payments or all commodity letters of credit in lieu of entitlement commodities for the school lunch program of such school district under section 18(b) of the National School Lunch Act (42 U.S.C. 1751 et seq.), as such section was in effect on the day before the date of the enactment of this Act. SEC. 255. REPORTS. The Secretary may provide a grant under this subtitle to a State for a fiscal year only if the State agrees that it will submit, for such fiscal year, a report to the Secretary describing - (1) the number of individuals receiving assistance under the grant; (2) the different types of assistance provided to such individuals; (3) the total number of meals served to students under the grant, including the percentage of such meals served to economically disadvantaged students; (4) the extent to which such assistance was effective in achieving the goals described in section 251(b); (5) the standards and methods the State is using to ensure the nutritional quality of such assistance, including meals and supplements; and (6) any other information the Secretary determines to be appropriate. SEC. 256. PENALTIES. (a) Penalty for Use of Amounts in Violation of This Subtitle . - (1) In general. - The Secretary shall reduce the amounts otherwise payable to a State under a grant under this subtitle by any amount paid to the State under this subtitle which an audit conducted pursuant to chapter 75 of title 31, United States Code, finds has been used in violation of this subtitle. (2) Limitation. - In carrying out paragraph (1), the Secretary shall not reduce any quarterly payment by more than 25 percent. (b) Penalty For Failure To Submit Required Report . - The Secretary shall reduce by 3 percent the amount otherwise payable to a State under a grant under this subtitle for a fiscal year if the Secretary determines that the State has not submitted the report required by section 225 for the immediately preceding fiscal year, within 6 months after the end of the immediately preceding fiscal year. SEC. 257. WAIVER OF STATE LAW PROHIBITING ASSISTANCE TO CHILDREN ENROLLED IN PRIVATE ELEMENTARY AND SECONDARY SCHOOLS. If, by reason of any other provision of law, a State is prohibited from providing assistance received from a grant under this subtitle for children enrolled in a private elementary or secondary school, the Secretary shall arrange for the provision of such assistance to such children through arrangements which shall be subject to the requirements of this subtitle. SUBTITLE D - MISCELLANEOUS PROVISIONS SEC. 291. REPEALERS. The following Acts are repealed: (1) The Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.). (2) The National School Lunch Act (42 U.S.C. 1751 et seq.). (3) The Commodity Distribution Reform Act and WIC Amendments of 1987 (Public Law 100-237; 101 Stat. 1733). (4) The Child Nutrition and WIC Reauthorization Act of 1989 (Public Law 101-147; 103 Stat. 877). TITLE III - RESTRICTING ALIEN ELIGIBILITY FOR CERTAIN EDUCATION, TRAINING, AND OTHER PROGRAMS SEC. 301. RESTRICTIONS ON ELIGIBILITY OF ALIENS FOR CERTAIN PROGRAMS. (a) In General. - Notwithstanding any other provision of law and except as provided in subsection (c) - (1) Disqualification of illegal aliens . - An alien who is not lawfully present in the United States is not eligible for any program referred to in subsection (d). (2) Restriction on legal aliens . - An alien who is lawfully present in the United States is not eligible for any program referred to in subsection (d) unless - (A) the alien is a lawful resident alien (as defined in subsection (b)); and (B) the alien - (i) has fulfilled the residence requirements, and has an application pending, for naturalization under the Immigration and Nationality Act; or (ii)(I) is a veteran (as defined in section 101 of title 38, United States Code) with a discharge characterized as an honorable discharge, (II) is on active duty (other than active duty for training) in the Armed Forces of the United States, or (III) is the spouse or unmarried dependent child of an individual described in subclause (I) or (II). (b) Lawful Resident Alien Defined . - As used in this section, the term `lawful resident alien` means any of the following: (1) Lawful permanent residents . - An alien lawfully admitted for permanent residence (as defined in section 101(a)(20) of the Immigration and Nationality Act). (2) Refugees . - An alien admitted as a refugee under section 207 of such Act. (3) Asylees . - An alien granted asylum under section 208 of such Act. (4) Withholding of deportation . - An alien whose deportation has been withheld under section 243(h) of such Act. (5) Parolees . - An alien who has been paroled into the United States under section 212(d)(5) of such Act over a period of at least 1 year. (c) Exceptions . - (1) Time-limited exception for refugees. - Subsection (a) shall not apply to an alien described in subsection (b)(2) until 5 years after the date of the alien`s arrival into the United States. (2) Certain long-term, permanent resident, aged aliens . - Subsection (a) shall not apply to an alien who - (A) has been lawfully admitted to the United States for permanent residence; (B) is at least 76 years of age; and (C) has resided in the United States for at least 5 years. (3) One-year current resident exception. - Subsection (a) shall not apply to the eligibility of an alien for a program referred to in subsection (d) until 1 year after the date of the enactment of this Act if, on such date of enactment, the alien is residing in the United States and is eligible for the program. (d) Programs Covered. - A program referred to in this subsection is any of the following programs: (1) Higher education programs . - (A) The program of basic educational opportunity grants under subpart 1 of part A of title IV of the Higher Education Act of 1965. (B) The program of Federal supplemental education opportunity grants under subpart 3 of part A of title IV of such Act. (C) The program of grants to States for State student incentives under subpart 4 of part A of title IV of the Higher Education Act of 1965. (D) The program of Federal student loans (Stafford loans) under part B of title IV of such Act. (E) The program of Federal work-study under part C of title IV of such Act. (F) The direct student loan program under part D of title IV of such Act. (G) The Federal Perkins loan program under part E of title IV of such Act. (H) All graduate programs under title IX of such Act. (2) Job training programs . - (A) The program of training for disadvantaged adults under part A of title II of the Job Training Partnership Act (29 U.S.C. 1601 et seq.). (B) The program of training for disadvantaged youth under part C of such Act (29 U.S.C. 1641 et seq.). (C) The Job Corps program under part B of title IV of such Act (29 U.S.C. 1692 et seq.). (D) A summer youth employment and training program under part B of title II of such Act (29 U.S.C. 1630 et seq.). (3) Older american-related programs . - (A) A program carried out under the Older American Community Service Employment Act (42 U.S.C. 3001 et seq.). (B) A program under title III of the Older Americans Act of 1965. (4) Domestic volunteer service . - (A) A program carried out under part B of title II of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5011-5012). (B) A program carried out under part C of title II of such Act (42 U.S.C. 5013). (5) Low-income energy assistance . - The program under the Low-Income Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.). (6) Community services . - A program carried out under the Community Services Block Grant Act (42 U.S.C. 9901 et seq.). (7) Child care . - A program carried out under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.). (e) Notification. - Each Federal agency that administers a program referred to in subsection (d) shall, directly or through the States, post information and provide general notification to the public and program recipients of the requirements concerning alien eligibility for any such program pursuant to this section. TITLE IV - OTHER REPEALERS AND CONFORMING AMENDMENTS SEC. 401. REPEAL OF THE JOB OPPORTUNITIES AND BASIC SKILLS TRAINING PROGRAM. (a) Repealer. - Part F of title IV of the Social Security Act (42 U.S.C. 681-687) is repealed. (b) Funding Provisions. - Section 403 of such Act (42 U.S.C. 603) is amended by striking subsections (k) and (l), except that subparagraph (A) of such section 403(l)(3) shall remain in effect for purposes of applying any reduction in payment rates required by such subparagraph for any of the fiscal years specified in such subparagraph. (c) Conforming Amendment. - Section 402(a) of such Act (42 U.S.C. 602(a)) is amended by striking paragraph (19). SEC. 402. AMENDMENTS TO LAWS RELATING TO CHILD PROTECTION BLOCK GRANT. (a) Abandoned Infants Assistance . - (1) Repealer . - The Abandoned Infants Assistance Act of 1988 (42 U.S.C. 670 note) is repealed. (2) Conforming amendment . - Section 421(7) of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5061(7)) is amended to read as follows: `(7) the term `border baby` means an infant who is medically cleared for discharge from an acute-care hospital setting, but remains hospitalized because of a lack of appropriate out-of-hospital placement alternatives.`. (b) Child Abuse Prevention and Treatment . - (1) Repealer . - The Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 et seq.) is repealed. (2) Conforming amendments . - The Victims of Crime Act of 1984 (42 U.S.C. 10601 et seq.) is amended - (A) in section 1402 - (i) in subsection (d) - (I) by striking paragraph (2); and (II) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and (ii) by striking subsection (g); and (B) by striking section 1404A. (c) Adoption Opportunities . - The Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 (42 U.S.C. 5111 et seq.) is repealed. (d) Crisis Nurseries . - The Temporary Child Care for Children with Disabilities and Crisis Nurseries Act of 1986 (42 U.S.C. 5117 et seq.) is amended - (1) in the title heading by striking ` AND CRISIS NURSERIES`; (2) in section 201 by striking `and Crisis Nurseries`; (3) in section 202 - (A) by striking `provide: (A) temporary` and inserting `to provide temporary`; and (B) by striking `children, and (B)` and all that follows through the period and inserting `children.`; (4) by striking section 204; and (5) in section 205 - (A) in subsection (a) - (i) in paragraph (1)(A) by striking `or 204`; and (ii) in paragraph (2) - (I) by striking subparagraph (D); and (II) by redesignating subparagraph (E) as subparagraph (D); (B) by striking subsection (b)(3); and (C) in subsection (d) - (i) by striking paragraph (3); and (ii) by redesignating paragraph (4) as paragraph (3). (e) Missing Children`s Assistance Act . - The Missing Children`s Assistance Act (42 U.S.C. 5771-5779) is repealed. (f) Family Support Centers . - Subtitle F of title VII of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11481-11489) is repealed. (g) Investigation and Prosecution of Child Abuse Cases . - Subtitle A of title II of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13001-13004) is repealed. TITLE V - GENERAL EFFECTIVE DATE; PRESERVATION OF ACTIONS, OBLIGATIONS, AND RIGHTS SEC. 501. EFFECTIVE DATE. Except as otherwise provided in this Act, this Act and the amendments made by this Act shall take effect on October 1, 1995. SEC. 502. APPLICATION OF AMENDMENTS AND REPEALERS. An amendment or repeal made by this Act shall not apply with respect to - (1) powers, duties, functions, rights, claims, penalties, or obligations applicable to financial assistance provided before the effective date of amendment or repeal, as the case may be, under the Act so amended or so repealed ; and (2) administrative actions and proceedings commenced before such date, or authorized before such date to be commenced, under such Act. HR 999 IH - - 2 HR 999 IH - - 3 HR 999 IH - - 4 HR 999 IH - - 5